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HomeMy WebLinkAbout1984-07-17 ResolutionRESOLUTION NO. 84-18S RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that.a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: The Field House Inc. dba 6:20 Inc. dba V.F.W., Le Roy E. Weekes Post 43949 The Field House 6:20 dba V.F.W., Le Roy E. Weekes 111 E. College 620 S. Madison Post 43949 Iowa City, IA Iowa City, IA 609 M%y. 36, Bypass E. j Iowa City, IA It was moved by Strait and seconded by that the Resolution as read be adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber X Passed and approved this _lZtL_day of T„:y , 19 84. d �pr+a.GdG/ y r Attest: )7z, City Clerk 1.310 9 RESOLUTION NO. 84-186 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: K -Mart #4315 Uncle Elmer's Popcorn MagooIs 901 Hollyivood Blvd. 105 E. Burlington St. 206 N. Linn Iowa City, IA Iowa City, IA Iowa City, IA It was moved by Strait and seconded by AMhriSCo that the Resolution as read be adopted, and upon roll call there were: Ambrisco Baker Dickson Erdahl McDonald Strait Zuber AYES: NAYS: ABSENT: X X X X X Y Passed and approved this 17th day of July 19 84 tz"t,(g.� Mayor Attest: ` - /-, `e City Clerk 1311 RESOLUTION NO. 84-187 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SANITARY SEWER IMPROVEMENTS - SEWER SYSTEM REHABILITATION 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 31st day of July , 19 84, 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 __ Strait and seconded by Amb slco that the resolution as read be adopted,a—fin —upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 17th day of MAYOR ATTEST: )710er T CI CL C Ratelved & Approved By Ito Legal De arlmenl Ambrisco X _ Baker x Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 17th day of MAYOR ATTEST: )710er T CI CL C Ratelved & Approved By Ito Legal De arlmenl RESOLUTION NO. 84-188 RESOLUTION ACCEPTING THE WORK FOR THE TRANSIT MAINTENANCE FACILITY PARKING IMPROVEMENT PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the Transit Maintenance Facility Parking Improvement Project as inclu ed in a contract between the City of Iowa City and L. L. Pelling, Inc. of Iowa City, Iowa dated September 27; I�B�, b� accepte�c and— WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by --Strait and seconded by Ambrisco that the resolution as read be armed, and upon roll call there were: _ AYES: NAYS: ABSENT: X _. Ambrisco X_ _ Baker X _ Dickson X _ Erdahl X McDonald X _ _ Strait X Zuber Passed and approved this 17th _ day of July 19 84 , ATTEST: 11411Ae".) 7( , ) CITY CLERK M YOR Received & Approved By he legal De rMgnl z /3/.5- CITY CSF IOWA CITY CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-50.00 ENGINEER'S REPORT July 10, 1984 Honorable Mayor & City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The Transit Maintenance Facility Parking Improvement Project as constructed by L.L. Pelling Company, Inc, of Iowa City, Iowa, I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Frank K. Farmer City Engineer bj2/7 � n - RESOLUTION NO. 84-189 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN OF STURGIS CORNER. WHEREAS, the owners, Myles Development Company, have filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final plan of the Large Scale Non -Residential Development called Sturgis Corner, legally described on Exhibit A attached; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plan and have recommended approval of same; and WHEREAS, the preliminary and final Large Scale Non -Residential Development plans have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that the plans be accepted and approved; and WHEREAS, the preliminary and final Large Scale Non -Residential Development plans are found to conform with all of the requirements of the city ordinances of the City of Iowa City, Iowa. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final Large Scale Non -Residential Development plan for Sturgis Corner is hereby approved. 2. That the Mayor and the City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify approval of this resolution which shall be affixed to the plan and of the preliminary and final plan after passage and approval by law; and the owner/ subdivider shall record the final plan at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is author- ized. It was moved by Dickson and seconded by Ambrisco the Resolu- tion be adopted, and upon —r—o-11—cal l there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X DICKSON X_ ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 17th day of hely 1984. ATTEST: cl1 CI CLERK Roteived & Approved By The legal Department} —1 /- lay 1336 XHIBIT A.1 A tract of land containing a portion of Lots 8 & 10 of Sturgis Corner Addition, Part 2, a resubdivision of a part of Lot 2 as recorded in Plat Book 17, Page 29, in the Johnson County Recorder's Office and the portion of said Sturgis Corner Addition that was vacated as recorded in Book 703, Page 221 in the Johnson County Recorder's Office more particularly de— scribed as follows: Beginning at the southwest corner of the above mentioned vacated tract, said point formerly•being known as the southwest corner of Lot 6 of the above mentioned Addition; thence S 71' 04' 20" E — 290.39 feet along the northerly right—of—way line of Highway 6 to Point "A" on the westerly bank of the Iowa River; thence N'20° 00' 00" W — 165.00 feet along said westerly bank; thence N 13' 00' 00" W — 270.00 feet along said westerly bank; thence N 23' 00' 00" W — 200.00 feet along said westerly bank to Point uC", thence N 90' 00' 00" W — 94.51 feet to the westerly right—of—way line of Sturgis Corner Drive and the north— east corner of Lot 10 of said Ad— dition; thence N 90' 00' 00" W — 203.63 feet to the northwest corner of said Lot 10; thence S 32' 19' 20" E — 31.66 feet along - the west line of said Lot 10 to the north line of the tract of land con— veyed by deed recorded in Book 582. Page 25 in the Johnson County Recorder's Office: 13.30 thenct, S 81' 04' 2U" E - 59.ZZ feet to A 2 a northeast corner of said c^- veyed tract; thence S 8' 55' 40" W - 80.80 feet to the southeast corner of said conveyed d tract; thence S 61' 25' 40" W - 128.00 feet to the south corner of said conveyed tract and the northerly right-of-way of Sturgis Corner Drive; thence southeasterly 85.86 feet along said northerly right-of-way along a 136.65 foot radius curve concave northerly which chord bears S 53' 04' 20" E - 84.45 feet; thence S 71' 04' 20" E - 69.00 feet along said northerly right-of-way to the southerly corner of Lot 8 of said Addition and the westerly point of the above mentioned vacated tract, said point formerly being known as the westerly corner of Lot 9 of said Addition; thence S 71' 04' 20" E - 67.35 feet along said right-of-way; thence 27.81 feet along said ;right-of-way alon4 a 92.09 foot radius curve con- cave northerly which chord bears S 79' 43' 26" E - 27.71 feet; thence 84.29 feet along a 65.00 foot radius curve concave southwesterly which chord bears S 51' 13' 26" E - 78.51 feet; thence'S 14' 04' 20" £ - 12.05 feet along said right-of-way; thence 112.96 feet along said right-of- way along a 196.12 foot radius curve concave southwesterly which chord bears S 2' 25' 40" W - 111.40 feet; thence S 18' 55' 40" W - 32.60 feet along said right-of-way; thence 28.61 feet along said right-ofway along an 80.00 foot radius curve con- cave northeasterly which chord bears S 8' 41' 03" W - 28.45 feet to the Point of Beginning. Said tract contains 3.31 Acres, more or X33 0 less. STAFF REPORT To: Planning & Zoning Commission Item: S-8420. Sturgis Corner Preliminary & Final Large Scale Non -Residential Development Plan GENERAL INFORMATION Applicant: Requested action: Purpose: Size: Location: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: Prepared by: Karin Franklin Date: June 7, 1984 Myles Development Inc. 325 East Washington Street Iowa City, Iowa 52240 Approval of a preliminary and final Large Scale Non -Residen- tial Development Plan To develop several commercial modules on a single lot in the Sturgis Corner Addition, Part II 3.31 acres On Sturgis Corner Drive, west of the Iowa River and north of Highway 6 Bypass General Commercial Undeveloped; CC2 North - undeveloped; CC2 East - Iowa River South - Highway 6 Bypass and the City maintenance facility; P West - Commercial; CC2 Zoning Ordinance; LSNRO Regulations; Stormwater Management Ordinance July 27, 1984 1330 DRAFT 06/25/84 PAGE 2 SPECIAL INFORMATION Public utilities: Public services: Public Transportation: Physical characteristics: Municipal sewer and water facilities are in place Municipal fire and police protection will be provided; sanitation services must be acquired by the devel- oper/owner Access to the development is via Sturgis Corner Drive Topography is flat to gently sloping to the river ANALYSIS The proposed large scale commercial development is sited on land which is part of the Sturgis Corner Addition, Part II Subdivision and a recently vacated portion of that subdivision. The City Council consented to the vacation of a portion of the plat May 22, 1984, on the recommendation of the Planning and Zoning Commission; two lots, a right-of-way, and a proposed riverfront area were vacated. The Large Scale Non -Residential Development before the Commission encompasses all of the vacated portion of the plat and part of Lots 8 and 10 of Sturgis Corner Addition, Part II. The developer of the property anticipates constructing two buildings which will consist of a number of commercial modules. The building along the river will be built in 1984 and the northerly building will follow in 1985. The parking area will serve both structures and will access at three points from Sturgis Corner Drive. The plan submitted is in substantial compliance with the applicable regulations. Stormwater drainage to the Iowa River needs to be shown; no detention is required. Part of the proposed development is in the floodplain overlay zone. Any construction within the floodplain must meet the specific requirements of the zone. As laid out, the buildings are very close to the floodway. The floor level should be, at a minimum, elevated to the 645 foot level as noted on the plat. The original subdivision of Sturgis Corner Addition Part II indicated an area to be given to the City along the riverfront. With vacation of a portion of the plat earlier this year, that area was deleted from the subdivision. The question of the desirability of a publicly owned riverfront area at this location will be brought by the staff before the Parks and Recreation Commission and the Riverfront Commission at their July meetings in order to update the City's position regarding this matter. There is no indication on the Large Scale Residential Development plan that such an area will again be proposed as a gift to the City, however, there is sufficient land east of the proposed structures to allow a gift as originally outlined. /33a I DRAFT 06/25/84 PAGE 3 STAFF RECOMMENDATION The staff recommends that the preliminary and final plan for the Sturgis Corner Large Scale Non -Residential Development be approved upon resolution of the deficiencies cited below. DEFICIENCIES AND DISCREPANCIES 1. A stormwater drainage system should be shown. 2. Provision of storm sewer, either existing or proposed, should be shown. ATTACHMENTS 1. Applicant's letter of intent. 2. Location map. 3. Copy of plat with vacation. ACCOMPANIMENTS 1. Plan. IN Approved by: � on Schme ser, Director Department of Planning and Program Development /3,3d Lows SHUL.AH 4G0e-.0 WILLIAM V. PHCLAH WILLIAM M.TuCKER DANIEL W. BDYLC CHARLES A. MYLLCH BTCPHCN F. BRIGHT BRucc L.WALHCR RICHARD M.TumcR THOMAS H.GtLMAH PHELAN, TUCKER, BOYLE & MULLEN ATTORNEYS AT LAw BflCMcP Bw LO,No P. 0. Box 2150 IOWA C[TY, IOWA 52244 June 13, 1984 Mayor and Council Members City Council of the City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 Re: Sturgis Corner LSNRD Plan Statement of Intent Dear Mr. Mayor and Council Members: TLLVMON[ Imo) o5< -HOA 0 1 E M JUN 141984 MARIAN K. KARR CITY CLERK (3) Myles Development, Inc. intends to construct two buildings containing a total of thirteen, 40 x 50 foot modules on the real estate which is the subject of the Sturgis Corner LSNRD Plan. It is the intention of the Developer, Myles Development, Inc., to offer the modules for either sale or lease as market conditions dictate for use as small retail shops. It is the intention of the Developer to construct the larger of the two buildings consisting of nine, 40 x 50 foot modules in the year 1984 and to construct the smaller of the two buildings containing four, 40 x 50 foot modulars in the year 1985. At the present time all City services including streets, sewers and other utilities are in place and the Developer would accordingly not anticipate any proposed dedications for public uses nor would the proposed development require any improvements by the City. Yours very truly, Charles A. M len Counsel to Myles Development, Inc. CAM/lm 1930 I 11 5 ru �-r low0 Ril..r E R. R F ..1 _ a Q "• � ) IP Y Th. t 5L0,.a >�,T— � !v w Nerlh /,ne d Myru Uevel• vl 1U wly�� amerd:ng fh 0on/mc1 r.ca.ded m Boah 046. 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DEPARTMENT I .r RESOLUTION NO. 84-190 RESOLUTION APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR THE MARSH AND MCLENNAN BUILDING LOCATED ON LOTS 19 AND 20 OF THE HIGHLANDER DEVELOPMENT SUBDIVISIONS OF JOHNSON COUNTY, IOWA. WHEREAS, the owner, Harry R. Wolf, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary and final LSNRD plan for Lots 19 and 20 of the Highlander Development Subdivision; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final LSNRD plan and have recommended approval of same; and WHEREAS, the preliminary and final LSNRD plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended it be accepted and approved; and WHEREAS, the preliminary and final plan is found to conform with all of the requirements of the City ordinance of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary and final LSNRD plan for the Marsh and McLennan Building on Lots 19 and 20 of the Highlander Development Subdivision is hereby approved. 2. That the Mayor and City Clerk are hereby authorized and directed to certify this resolution which shall be affixed to the plan after passage and approval by law; and the owner/subdivider shall record them at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. It was moved by Dickson and seconded by Strait the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 17th day of Ju]y 1984. AYOR „ ATTEST: CITY LERK Raelved 3 Approved By U0 Legal Deparhnmrl 7nP /33/ STAFF REPORT To: Planning & Zoning Comnission Item: S-8421. Marsh & McLennan Bldg LSNRD GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Prepared by: Bruce Knight Date: July 5, 1984 Harry R. Wolf 325 E. Washington St. Iowa City, Iowa 52240 Approval of an LSNRD plan for Lots 19 and 20 of the Highlander Development Subdivision. To permit construction of an office building. The southeast quadrant of the intersection of Highlander Drive and Highway 1. 3.6 acres Commercial - office. Undeveloped and CH -1. North - undeveloped and CH -1. East - undeveloped and CH -1. South - filling station and CH -1. West undeveloped and CH -1. Provisions of the Zoning Ordinance and Chapter 27 of the Code of Ordinances, Large Scale Non -Residential Develop- ment reglations. 8/2/84 Adequate water service is available. Sanitary sewer service will be provided by lift station as per separate agreement. /33/ F Public services: Transportation: Physical characteristics: ANALYSIS Police and fire protection are available. Sanitation service will be provided by a private hauler. Vehicular access is proposed via Highlander Drive to Highway 1. The topography is gently sloping (5-7%). The applicant, Harry Wolf, has applied for approval of a Large Scale Non -Residential Development Plan on Lots 19 and 20 of the Highlander De- velopment Subdivision. According to the attached statement of intent, "the proposed development will be construction of an office building... this office building will serve as the corporate headquarters for March and McLennan Group Association, Inc." This proposed use conforms with the CH -1 zoning, which permits office uses as allowed in the CO -1 zone. STAFF RECOMMENDATION Staff recommends that the preliminary and final Large Scale Nan -Residen- tial Development plan for Lots 19 and 20 of the Highlander Development be approved. ATTACHMENTS 1. Location map. 2. Statement of intent. ACCOMPANIMENTS 1. Preliminary and final LSNRD planor Lots and 20, Highlander evel- opment. Approved by: Don Schmeser, Director Department of Planning and Program Development /,33 n rel , er Downer ttorney at Law EARDON, SUEPPEL, DOWNER & HAYES 122 South Linn Street Iowa City, Iowa 52240 /9-3/ STATEMENT OF INTENT a a a JUN 19 1984 Bruce Knight R MARIAN K. KAR R City Planning Department Iowa City, Iowa CITY CLERK RE: Harry Wolf - LSNRD We are the attorneys for Harry Wolf who has an option to buy Lots 20 and 19, Highlander Development First Addition. Copies of the options or Warranty Deeds for this transaction will be provided should they be required prior to any final action taken by the City. The proposed development will be construction of -an office building. The dimensions of this building are fully set forth on final proposed plans which have been submitted to you. This office building will serve as the Corporarate headquarters foz Marsh & McLennan Group Association, Inc. Construction will begin this summer (1984) and it is anticipated that the project will be completed and ready for occupancy on or before February, 1985. No proposed dedications of land for public uses are anticipated. 'The street abutting this tract will be paved by the subdivider of the Highlander Development First Addition. All improvements and installations shown on the plan will be made. n rel , er Downer ttorney at Law EARDON, SUEPPEL, DOWNER & HAYES 122 South Linn Street Iowa City, Iowa 52240 /9-3/ RESOLUTION NO. 84-191 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH VEENSTRA & KIMM, INC. FOR SERVICES WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Veenstra & Kimm, Inc. , a copy of said �reement being attached to this Reaolution an by tis reference made a part hereof, and, WHEREAS, the City Council deemsit in the public interest to enter into said agreement with Veenstra & Kimn, Inc. for oroi c ins=tinn and syrupy an testing serviceson the Rochester Avenue Reservior Pro.iect. 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 Veenstra & Kimm. Inc. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Zuber and seconded by Strait that the resolution as rea?-R adopte�id upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco lX Baker .X_ Dickson —X __A Erdahl X McDonald X Strait X —_ _ Zuber Passed and approved this 17th day of July 1984 MAYOR ATTEST:&,,�,,,,,) 4, L;1lY CLERK Reaofved & Approved By Tho Legd Depafflwt -, z 1.350 AGREEMENT This Agreement, made and entered into this 1�77ti, day 0 f198 by and between the City of Iowa City, a municipal corporation, ere na ter referred to as the City and Veenstra & Kimm, Inc. of Iowa City and West Des Moines, Iowa, hereinafter reT—er-r—eT_5o__as`_tWe Consultant. Now therefore, it is hereby agreed by and between the City and the Consultant that the Consultant act for and represent the City in all matters involved in the terms of this Agreement. Such contracts of employment to be subject to the following terms and conditions and stipulations, to -wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices to any subcontracts: a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. I. SCOPE OF SERVICES The Project to which this Agreement is applicable is entitled ROCHESTER AVENUE RESERVOIR and includes the following components: 1. A two (2) million gallon prestressed concrete water storage tank located on City -owned property near the intersection of Rochester Avenue and Post Road. 2. A pumping station and appurtenances to provide for filling the reservoir from the water distribution system and pumping from the reservoir back to the distribution system to increase pressure. The Consultant is to provide general services during construction as defined hereinafter, project representation as defined hereinafter, construction staking and testing services for the Project. General Services During Construction The Consultant shall provide general services during construction, including: 1. Establish bench marks and/or base lines to permit starting construction work. 2. Consult with and advise the City and prepare routine change orders as required. 3. Assist in interpretation of plans and specifications. 4. Review shop drawings and data of manufacturers. 5. Process and certify payment estimates of Contractors to the City. 6. Attend and conduct a preconstruction conference. 7. Make routine and special trips to the job site as required. B. Provide written monthly progress reports to the City showing progress on the Project. 9. Attend conferences with the City, Contractors and public utility companies. 10. Make a final review after construction is completed to determine that the construction complies with the plans and specifications and, with the City Engineer, recommend acceptance of the work by the City. 19.520 Ma 11. Provide the City with two complete sets of as -built blueline plans and one set of malars showing the final construction. Project Representation The Consultant shall provide technical observation of the construction whenever there is activity at the Project site which requires observation. Through on-site observations of the work in progress and field checks of the materials by the Consultant or his staff, the Consultant shall provide protection for the City against defects and deficiencies in the execution of the Project by the Contractors. The Consultant shall keep and maintain all Project notes, records, forms and daily logs. Copies of all Project notes, forms and daily logs shall be submitted to the City on a weekly basis. Construction Staking The Consultant shall provide the initial Project field stakeout of construction and all subsequent staking as construction progresses. It is further understood that if, in the opinion of the Consultant, any of the survey stakes or marks have been carelessly or willfully destroyed or disturbed by the Contractors, the cost of replacing them will be charged to the Contractors. Testing The Consultant shall provide and pay for field and laboratory testing of the type and quantities as set forth in Exhibit B, attached hereto and made a part of this Agreement. As set forth in the Project Specifications, all retesting done as a result of subgrade, backfill or concrete failing to meet density or strength tests, will be paid for by the Contractors on the Project. Consultant shall bill Contractors for such retesting. In general, enough testing will be conducted so that the Consultant can determine that the construction work is complying with the requirements of the specifications. The actual number of tests will vary depending upon weather conditions, soil conditions, and other factors. A qualified technical observer working under the Consultant's supervision will be on site for sampling and/or testing of backfill, subgrade and concrete, as required. Sufficient tests will be made to insure that the work is complying with the requirements of the specifications. Additional tests may be made in critical areas or where visual observation by the technical observer indicates areas of questionable conditions. Special Services The Consultant shall provide special services upon prior written authorization of the City Engineer. The Consultant shall receive additional compensation for properly authorized special services at the direct personnel expenses shown on Exhibit A, attached hereto and made a part of this Agreement. Where such services are provided by the Consultant, the direct personnel expenses shall be subject to a multiplier of 2.2. Where special services are provided for testing in excess of those quantities shown on Exhibit B, such services shall be billed at actual cost to the Consultant. Special services may include the following: 1. Land surveys and related office computations and drafting. 2. Assisting the City in litigation arising from construction of the Project. 3. Testing fees in excess of the total amount shown on Exhibit B. 135-0 -3 - Project representation beyond the specified construction completion date of September 30, 1985, to the extent of the direct personnel expense (x 2.2) to the Consultant in excess of the "not to exceed" figure for project representation shown hereinafter. It is understood that the liquidated damages clause in the specifications may be used by the City to provide funds for payment of fees for project representation after the specified completion date. II. GENERAL TERMS 1. The City may terminate this Agreement upon seven (7) days written notice. If the Agreement is terminated, the Consultant shall be paid on the basis of work satisfactorily completed and accepted by the City. The percentage of work completed but not yet accepted by the City shall be determined mutually by the City and the Consultant. If the City and the Consultant are unable to agree on the percentage of completion, the matters shall be resolved by the procedures of the American Arbitration Association. 2. Direct personnel expense for the purposes of this Agreement shall be defined as hourly wage plus retirement, payroll taxes and fringe benefits. Consultant shall, upon demand, furnish certified copies thereof. 3. Records of the Consultant's Charges pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. 4. This Agreement shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of the parties to said Agreement. 5. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County Law or any of the Ordinances of the City of Iowa City, Iowa. 6. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 7. The City agrees to tender to the Consultant all fees and money in accordance with this Agreement except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. 8. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 9. It is understood and agreed that the retention of the Consultant by the City for the purpose of this Project shall be exclusive but the Consultant shall have the right to employ such assistants for outside services as may be required to meet the requirements of this Agreement. Consultant shall be allowed compensation for such services on a basis of 1.00 multiplier times the amount billed to the Consultant. The Consultant shall furnish written proof of all outside expenses. 10. J. W. Kimm and/or A. R. Munsterman of the Consultant shall attend such mee ngs oe younc re a ive to the work set forth in this Agreement as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to said persons so that they may respond. /35e) IME 11. The Consultant agrees to furnish, upon termination of this Agreement and demand by the City, copies of all basic notes and sketches, charts, computations, and any otFer data prepared or obtained by the Consultant pursuant to this Agreement without cost, without restriction or limitations as to the use relative to this Project. The Consultant shall not be liable for use of such documents on other projects. III. CITY'S RESPONSIBILITY The City shall: 1. Provide full information as to the requirements for the Project. 2. Designate the City Engineer to act as the City's representative with respect to the work to be performed under this Agreement and such person shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to the work covered by this Agreement. 3. Assist the Consultant by placing at his disposal all available information pertinent to the site of the Project including previous reports and any other data relative to design and construction of the Project. 4. Make all provisions for the Consultant to enter upon public and private land, as required, for the Consultant to perform his work under this Agreement. 5. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented by the Consultant and render in writing decisions pertaining to the documents within fifteen (15) days after receipt so as not to delay the work of the Consultant. 6. Conduct any and all wage surveys and interviews of the Contractors' employees and review all Contractors' payroll documents as may be required for this Project. IV. TIME OF PERFORMANCE The Consultant shall provide services on a time schedule so that the Contractors' work will not be delayed. Services shall begin with the preconstruction conference and continue through the construction period to the Consultant's statement of substantial completion to the City. V. COMPENSATION FOR SERVICES The City agrees to pay the Consultant for services as stated in this Agreement on the basis of Direct Personnel Expense times a multiplier of 2.2 plus outside expenses. Outside expenses will be billed at cost. Billings to the City for outside expenses will include invoices received by the Consultant for said outside expenses. Fees for the various services set forth in this Agreement shall not exceed the following amounts: 1. For general services during construction, including outside expenses for long distance telephone calls and for reviey of electrical and control shop drawings, the not to exceed amount of S4po, 00 2. For project representation and construction staking subject to the construction being completed by September 30, 1985, the not to exceed amount of y 3 i r3.o o . Additional project representation will be billed as special services. 1,33-40 -5- 3. For testing, subject to the quantities aDd unit prices shown in Exhibit B'the not to exceed amount of LZ 9cd.o0 Additional testing will be billed as special services. 4. The total not to exceed fee for all services including reimbursables set forth in this Agreement, excluding any fees required for special services, shall not exceed the amount of 742, S83.00 The Consultant shall make no charges to the City for hotel or motel charges, meals or mileage. The Consultant shall submit monthly statements for services rendered and for outside expenses incurred. With each billing, the Consultant shall list the individual classification, the hours worked, and the hourly rate. The City shall make prompt monthly payments in response to the Consultant's monthly statements. All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering Profession. It is further stated that 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 the Agreement. FOR THE CITY: VEENSTRA & KIMM, INC. JA4— ayor Presien TTEST: ATTEST: hod& ,Ciy MerK J xecu ve ecre ry R�olr 6y Tho APP legal 7 PoN,•n- 9 �y /.3Se EXHIBIT A DIRECT PERSONNEL EXPENSE VEENSTRA 8 KIMM, INC. July 1, 1984 Hourly Employee Classification Direct Personnel Expense* Principal (P) $36.36 Project Engineer I (PE I) 24.09 EXHIBIT B ESTIMATED QUANTITIES AND UNIT PRICES FOR TESTING Unit and lump sum prices include personnel, equipment, mileage, materials and incidentals. Unit Total Item Units Price Price Standard Proctor Tests 3 Ea. 60 $ 180 Field Observation (Proofrolling) XXX LS 220 Mechanical Analysis (Subdrain Aggregates) 5 Ea. 25 125 Mechanical Analysis (Concrete Aggregates) 5 Ea. 25 125 Concrete Mix Design 2 Ea. 100 200 Concrete Test Cylinders (Sets of 4) 25 Ea. 7 700 Concrete Cores (Street Pavement 7") 2 Ea. 125 250 Shotcrete Mix Design 1 Ea. 50 50 Shotcrete Test Panels (12"x12"x3" Panels) 8 Ea. 12.50 100 (Saw 4 Cubes) Mortar Test Cylinders (Sets of 4) 6 Ea. 7 168 Mortar Joints (Swiss Hammer) XXX LS 280 (Check 32 Joints in 1 Day) Compaction Tests, Per Trip 6 45 270 Consultation XXX LS 400 Contingencies 332 -1W Not to Exceed Figure T3 Consultant will deliver samples to testing lab. VEENSTRA A KIMM, INC. Engineers 8 Planners 300 West Bank Building 1601 22nd Street West Des Moines, IA 50265 0 - RESOLUTION NO. 84-192 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SHAMROCK/ARBOR CREEK CHANNEL IMPROVEMENTS PROFJr.T WHEREAS, Gee Grading & Excavation Inc. of has submitted the best bid of -169,807.50 for the construction of the 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 Gee Gradin & Excava Ale_ subject to the condition that away 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 Amhrisr9 and seconded by Dickson that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X _ Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 17th day of July 1984 MAYOR ATTEST: r{J a Received & Approved CITY CLERK By Tha legal De �rimenf 455/ (Y ADVERTISEMENT FOR BIDS SHAMROCK/ARBOR CREEK CHANNEL IMPROVEMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until10:00AMon the 10th day of July , 198�—and opened immediately 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 PM on July 17, 1964 or at such later time and place as may then be fixed. The work will involve the following: The installation of a 62" x 102" concrete arch pipe culvert and the removal of two existing structures together with the necessary grading, drainage facilities, paving, sidewalks, etc., in the Shamrock Drive and Arbor Drive areas 1 All work is to be done in strict compliance with the plans andspecifications prepared by I Francis K. Farmer, P.E., City Engineer , of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for I 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 1977, Iowa Department of Transportation, Ames, Iowa. Each proposal shall be made on a form ' furnished by the City and must be accompanied by a bid bond or cashier's or certified check drawn on an Iowa bank and filed in a sealed envelope separate from the one containing the proposal, and ' in the amount of 10% of bid made payable to the Treasurer of the City of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, 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 performance of the contract. 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. Payment to the Contractor will be specified in the "Standard Specifications", made -as Article 1109.06. The successful bidder will be required to furnish a bond in an amount equal to one hundred AF -1 percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt 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 5 years from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days: 50 Completion Date: October 15, 1984 Liquidated Damages: 525n per day The plans, specifications, and proposed contract documents may be examined at the Office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Francis K. Farmer, PE, City Engineer of Iowa City, Iowa, by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of bids. Prospective bidders are adivsed 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 quantities, unit prices and amounts 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 from the Civil Rights Specialist, at the Iowa City Civic Center, by calling 319/356-5022. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN KARR, CITY CLERK Received S Approved BY �Z ,�I�,l iJepgr►rtKel RESOLUTION NO. 84-193 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE UNIVERSITY OF IOWA. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with -the University of Iowa , a copy of said agreement being attached to this R- esolution an by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said -agreement with tthe University of Iowa re9arding the sharing of ons rurtinn costs for the tem orar footbridge, which is included in the Iowa Avenue Bridge Reconstruction Project BRM-4072(1)--BN-52 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 the University of Iowa — 2. That the City Clerk, shall furnish copies of said agreement to any citizen requesting same, It was moved by Strait and seconded by _ Dickson that the resolution as read be adoptees, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X_ ___ Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 17th day of Jul), 19 84 . // MAYOR ATTEST: �gAIAJIi Y-if����wnjJ Received & Approved CITY CLERK By ThQ Legal Dopadmonl :7/1 f 135A AGREEMENT This Agreement is entered into this 17th day of July , 1984, by and between the City of Iowa City, Iowa (City) and the University of Iowa (University). WHEREAS, the City is undertaking the reconstruction of the Iowa Avenue Bridge which serves as a vital pedestrian link between the portions of the University campus lying on either side of the Iowa River; WHEREAS, the University and the City are concerned that persons be pro- vided a safe opportunity to cross the river and have determined that a tem- porary pedestrian footbridge is necessary; NOW THEREFORE, the parties agree as follows: 1. The City will contract for the construction of the footbridge as part of the overall reconstruction project for the Iowa Avenue Bridge. 2. The University agrees to share on an equal basis with the City the actual cost of construction of the footbridge, which has now been established to be $175,000.00, which was bid and has been accepted by the City. This in- cludes $2000.00 for liability insurance and an additional cost for snow and ice removal and maintenance on the footbridge during its life. 3. The City agrees that specifications in the project's bid documents will require the contractor to hold both the City and the University and the State Board of Regents harmless and that adequate liability insurance will be maintained during the life of the footbridge. 4. The University agrees that the City shall have access across its property for purposes of construction, maintenance and eventual removal of the footbridge. In addition, the City shall be granted permission to install the necessary sidewalks from the existing University sidewalks to the East approach of the footbridge, and to remove said sidewalks upon completion of the Iowa Avenue Bridge Project. 5. The University agrees that, upon completion of construction of said footbridge, it shall promptly pay to the City its share ($87,500.00) of the costs described above. The City shall bill the University for said amount. CITY OF IOWA CITY THE UNIVERSITY OF IOWA Ll yor Kaymo= B. Moman Business Manager & Treasurer Attest: .1) r� i City Jerk Recclved & Approved BY t/J�%a legal D:?Pa dint 135 RESOLUTION NO. 84-194 RESOLUTION APPROVING AWARD OF CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA AVENUE BRIDGE RECONSTRUCTION PROJECT BRM-4077UY -M c9 WHEREAS, Iowa Bridge & Culvert, Inc. of Washington, Iowa has submitted the best bid of '_6.288,174.65 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, Iuwn: 1. That the contract for the construction of the above-named project is hereby awarded to Iowa Brid e & Culvert, Inc. of Washington, Iowa subject to the condition that away ee secure adequate performance bond, insurance certificates, and subject to Federal Highway Administration concurrence. 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 av:ardee secure adequate performance bond, insurance certificates, and subject to Federal Highway Administration concurrence. It was moved by Strait and seconded by Ambrisco that the resolution as read be adopted, andrupon roll call there acre: AYES: NAYS: ABSENT Passed and approved this 17th day of July 1984 MAYOR ATTEST: %%ii,r�jJ x. «/ Received & Aopro�ea C TY CLERK By The Legal�De artmenI /3S3 Ambrisco Baker x_ __ Dickson Erdahl x _ _ McDonald x Strait x Zuber Passed and approved this 17th day of July 1984 MAYOR ATTEST: %%ii,r�jJ x. «/ Received & Aopro�ea C TY CLERK By The Legal�De artmenI /3S3 NOTICE OF ADVERTISEMENT FOR BIDS Sealed bids will be received by the Office of the Iowa Department of Transpor- tation, Highway Division, at the Office of Contracts in Ames, Iowa, and at its official depository on third floor of the Marriott Hotel, Des Moines, Iowa, until 9:00 A.M. on the 3rd day of July, 1984, for the reconstruction of the Iowa Avenue Bridge Project [BRM -4072(1)--8N-52]. Mailed bids are to be sent to the Iowa Department of Transportation, Highway Division Office at Ames, Iowa. Opening and reading of the bids will be performed at the Iowa Department of Transportation, Highway Division Office, at Ames, Iowa, after 9:00 A.M. on the .3rd day of July, 1984, unless otherwise specified by the Iowa Department of Transportation. This project will involve the major re- construction of the existing three span concrete arch structure over the Iowa River. Also included is the construction of a 322' long, three span, steel beam with wood deck temporary footbridge. A Proposal Guarantee in an amount as set forth in the proposal form shall be filed with each proposal. The proposal guarantee shall be a Certified Check made payable to the Iowa Department of Trans- portation, a Cashier's Check or bank draft made payable to either the Iowa Department of Transportation or to the Contractor, drawn upon a solvent bank, or a Bid Bond, properly completed on the Form 650001 furnished by the Iowa Department of Transportation, Highway Division. Cashier's checks or bank drafts made payable to the Contractor shall contain an unqualified endorsement to the Iowa Department of Transportation, Highway Division, signed by the Contractor or his authorized agent. Failure to execute a contract and file an acceptable Perform- ance Bond and Certificate of Insurance with 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. Plans, specifications and proposal forms for the work may be seen and secured at the Office of the Iowa Department of Transportation, Highway Division, Ames, Iowa, until noon on the day previous to the letting. /353 All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Highway Division, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected, and the Iowa Department of Transportation, Highway Division, reserves the right to waive technicalities and to reject any or all bids. Attention of bidders is directed to the Special Provisions covering the subletting or assigning of contracts. Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the specifications. All Federal Aid contracts are subject to the Work Hours Act of 1962, P.L. 87-581 and implementing regulations. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa, on projects in which there are no Federal Funds involved. The City of Iowa City hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discrim- inated against on the grounds of race, color, or national origin in consideration for an award. On Federal -aid projects, the bidder is required to certify if he intends to subcontract a portion of the work and that affirmative action has been made to seek out and consider minority business enterprises as potential subcontractors. Certification shall be made at time of bidding or prior to approval of sub- contract if decision to subcontract is not known at time of bidding. MA KARR, C TY CLERK OF IOWA CITY 1353 RESOLUTION NO. 84-195 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF _ THE CAPITOL STREET PARKING RAMP IMPROVEMENT PROJECT WHEREAS, McComas-Lacina Construction, Inc. has submitted the best bid of $88,641.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUI4CIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to McComas-Lacina Construction, Inc. subject to the condition that awardee 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 Ambrisco and seconded by Strait that the resolution as read be adopted, and upon roll call there were: AYES: HAYS: ABSENT: x Ambrisco X _ Baker x Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 17th day of July 1984 . MAYOR ATTEST: 7?7p ,,, j'_) CITY CLERK ft-0vod & Approved 8yhe�Legal Departmogt 'i` /.3Sf� ERTISEMENT FOR BIDS CAPITOL STREET M RO EMENTS Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. CDT on the 12th day of July 1984, and opened immediately 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 July 17, 1984, or at such later time and place as may then be fixed. The work will involve the following: Structural modifications and additions to the Capitol Street Ramp walls, slabs, automatic parking controls, traffic re -striping and modifications to the Capitol and Clinton Street entrances. All work is to be done in strict compliance with the plans and specifi- cations prepared by Hansen Lind Meyer, P.C. of Iowa City, Iowa, 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 Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Ames, Iowa. Each proposal shall be made on a form furnished by the City and must be accompanied by a bid bond or cashier's or certified check drawn on an Iowa bank and filed in a sealed envelope separate from the one containing the proposal , and in the amount of 5% of bid made payable to the Treasurer of the City of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfac- tory to the City insuring the faithful performance of the contract. 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. /35?1 Payment to the Contractor will be made 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 prompt 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 5 years from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days: 25 Completion Date: August 31, 1984 Liquidated Damages: $200.00 per day The plans, specifications, and proposed contract documents may be examined at the Office of the City Clerk. Copies of said plans and specifications and form of proposal may be secured at the Office of Hansen Lind Meyer, P.C., Suite 500, Plaza Centre One, Iowa City, Iowa 52240 by bona fide bidders. Return all plans and specifications to the Architect'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 quantities, unit prices and amounts 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 Iowa City Civic Center, by calling 319/356-5022. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MA IAN KARR, L11Y RK 135 Printers fee t ry. %s Mt Mlgmee. to be efef .le Itrict h DDiem end Specifi- ed by Nfinen, Lind 1 er, 'vty; Iow, which dere in fpprowt4 py the tlty are fe file for public t" Me 1.. of Nw fit. k. Iowa City, Iowa, July 17, 1984. The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, Civic Center, in Iowa City, Iowa, at 7:30 P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John McDonald, Mayor, presiding, and on roll call the following Council Members were present: Amhrisco Raker Dickson Erdahl McDonald Strait Zuber Absent: None me /3SS Matters were discussed relative to the request from Pharmaceutical Development Systems, Inc. and Southgate Development Company, Inc., an Iowa corporation, to amend prior proceedings adopted by the City Council regarding the issuance of not to exceed $3,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Pharmaceutical Development Systems, Inc. Project). Pursuant to the requested amendment, Southgate Development Company, Inc. would assume the interests of and be substituted for Pharmaceutical Development Systems, Inc. as the borrower and the owner of the proposed Project and the obligor on the Bonds. Following a discussion of the proposal, Council Member Amb -risco introduced the following Resolution in written form and moved its adoption. Council Member Dickson seconded the motion to adopt. After due consideration of said motion, the roll was called and the j Resolution was adopted by the following vote: AYES: NAYS: Erdahl None Ambrisco Baker Dickson McDonald Strait Zuber The Resolution was thereupon signed by the Mayor and in evidence of his approval was attested by the City Clerk and declared to be effective. The Resolution is as follows: -2- /3SS RESOLUTION NO. 84-196 A RESOLUTION AUTHORIZING AMENDMENT OF THE NAME OF THE DEVELOPER AND OWNER OF THE PROJECT FROM PHARMACEUTICAL DEVELOPMENT SYSTEMS, INC., TO SOUTHGATE DEVELOPMENT COMPANY, INC., AND DIRECTING PUBLICATION OF 140TICE OF INTENTION TO ISSUE AND CALLING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE. NOT TO EXCEED $3,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (SOUTHGATE DEVELOPMENT COMPANY, INC. PROJECT) OF THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING EXECUTION OF AN AMENDMENT TO MEMORANDUM OF AGREEMENT. WHEREAS, the City of Iowa City, Iowa (hereinafter referred to as the "City"), is a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (hereinafter referred to as the "Act"), to issue Industrial Development Revenue Bonds, and loan the proceeds from the sale of said Bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping a "Project", as that term is defined in the Act, for the purpose of securing and developing industry and trade within or near the City in order to create jobs and employment opportunities and to improve the economic welfare of the residents of the City and of the State of Iowa; and WHEREAS, the City has previously been requested by Pharmaceutical Development Systems, Inc., an Iowa corporation duly organized and existing under the laws of the State of Iowa (hereinafter referred to as "Pharmaceutical"), to authorize and issue not to exceed $3,000,000 in aggregate principal amount of its Industrial Development Revenue Bonds (Pharmaceutical Development Systems, Inc. Project) (the "Bonds") pursuant to the provisions of the Act for the purpose of financing all or a portion of the cost of acquiring, constructing, improving and equipping a new approximately 30,000 square foot industrial facility located on approximately 7.9 acres of land at 320 Heinz Road, Iowa City, Iowa (hereinafter referred to as the "Project"); and WHEREAS, the City Council, pursuant to Resolution 84-102 duly adopted on May 8, 1984, previously entered into a Memorandum of Agreement with Pharmaceutical providing for the issuance of said Bonds, scheduled a public hearing and provided for• the publication of notice thereof; and WHEREAS, the City Clerk duly published such notice of the City's intention to issue its Bonds, as directed by the Council, and a public hearing was duly held on June 5, 1984, and there being no objections to the proposed issuance of said Bonds, the City Council, by Resolution 84-132 duly adopted on -3- June 5, 1984, determined to proceed with the necessary steps relating to the issuance of the aforesaid Bonds; and WHEREAS, Pharmaceutical, the initial applicant to the City advises that Southgate Development Company, Inc., an Iowa corporation (the "Company") will be the developer and owner of the Project and will lease the Project to Pharmaceutical to be used for manufacturing purposes and requests that all proceedings, resolutions and documents, including the Memorandum of Agreement, relating to the Bonds be amended accordingly; and WHEREAS, City Council hereby reaffirms its approval of the Project, consents to the change of the name of the developer of the Project from Pharmaceutical Development Systems, Inc. to Southgate Development Company, Inc. and agrees to the calling and conducting of a public hearing on the proposed amendment, all as required and provided by Section 419.9 of the Act and by Section 103(k) of the Internal Revenue Code of 1954, as amended. NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1. A public hearing shall be conducted on August 14, 1984, at 7:30 P.M., before this City Council in the Council Chambers at the Civic Center in the City of Iowa City, Iowa, on the proposal to issue not to exceed $3,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) pursuant to the provisions of the Act, for the purpose of financing all or a portion of the cost of acquiring, constructing, improving and equipping the Project, including necessary expenses incidental thereto, and all local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue such Bonds; and at said hearing, or any adjournment thereof, this City Council shall adopt a resolution determining whether or not to proceed with the issuance of said Bonds. Section 2. The City Clerk of the City is hereby directed to publish one time, not less than fifteen (15) days prior to the date fixed for said hearing, in the Iowa City Press -Citizen, a legal newspaper published and having a general circulation within the City, a Notice of Intention to issue said Bonds in substantially the following form: -4- /35S NOTICE OF PUBLIC HEARING OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS (SOUTHGATE DEVELOPMENT COMPANY, INC. PROJECT) Notice is hereby given that a public hearing will be conducted before the Council of the City of Iowa City, Iowa (the "City") in the Council Chambers at the Civic Center, Iowa City, Iowa at 7:30 P.M., on August 14, 1984, on the proposal to issue not to exceed $3,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) (the "Bonds") pursuant to the provisions of Chapter 419 of the Code of Iowa and Section 103(k) of the Internal Revenue Code of 1954, as amended, for the purpose of assisting Southgate Development Company, Inc. (the "Company"), an Iowa corporation, in financing all or a portion of the cost of acquiring, constructing, improving and equipping a new approximately 30,000 square foot industrial facility located on approximately 7.9 acres of land at 320 Heinz Road, Iowa City, Iowa (the "Project") which will be leased by the Company to Pharmaceutical Development Systems, Inc. ("Pharmaceutical") to be used for the purpose of manufacturing, storing and distributing pharmaceutical products. After a public hearing duly called and held pursuant to published notice on June 5, 1984, the City Council of Iowa City, Iowa determined to proceed with the necessary steps relating to the issuance of the Bonds for the benefit of Pharmaceutical. Pharmaceutical has now advised the City that it has made arrangements for the Company to be the developer and owner of the Project and to lease it to Pharmaceutical and requests that a new public hearing, as scheduled in this Notice, be held to consider the requested change in ownership from Pharmaceutical to the Company. It is contemplated that a Loan Agreement will be entered into between the City and the Company under which the City would loan to the Company the proceeds from the sale of the Bonds in return for loan payments from the Company sufficient to pay the principal of, interest and premium, if any, on such Bonds as the same shall fall due. Such Bonds, if issued, and the interest thereon will be payable solely out of the revenues derived from the said Loan Agreement and shall never constitute an indebtedness of said City within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of said City or a charge against its general credit or taxing powers. All local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue said Bonds and, at said hearing or any adjournment thereof, the Council of said City shall adopt a resolution determining whether or not to proceed with the issuance of said Bonds. By Order of the ditty Council. Ma ian K. Karr, Clerk of the City of Iowa City, Iowa -5- 125, 5- Section 3. That in order to assure the acquisition, con- struction, improving and equipping of the proposed Project, with the resulting public benefits which will flow from the construction and operation thereof, it is deemed necessary and advisable that the Amendment to Memorandum of Agreement, in the form attached hereto as Exhibit "A", be approved and that the Mayor of the City be and hereby is authorized and directed to execute said Amendment to Memorandum of Agreement and the City Clerk of the City be and hereby is authorized to attest the same and to affix the seal of the City thereto and Amendment to said Memorandum of Agreement is hereby made a part of this Resolution. Section 4. In order that the Project will not be unduly delayed, Company is hereby authorized to make such commitments, expenditures and advances toward payment of the costs of the Project as it considers appropriate, subject to reimbursement from the proceeds of the Bonds when and if delivered, but otherwise without liability on the part of the City. Section 5. That officials of the City are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement, as amended. Section 6. All Resolutions and Orders or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved July 17, 1964. City of Iowa City, Iowa (SEAL) By "Mcona o , Mayor Attest: Ma 'an K. Karr, City Clerk CLERK'S CERTIFICATE I, Marian K. Karr, being first duly sworn, do hereby depose and certify that I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City, in the County of Johnson, State of Iowa; 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 showing the action taken by the City Council of said City at a meeting open to the public on July 17, 1984, regarding the issuance of not to exceed $3,000,000 in aggregate principal amount of Industrial Development Revenue Bonds (Southgate Development Company, Inc. Project) of the City of Iowa City, Iowa, directing publication of notice of intention to issue, calling a public hearing on the proposal to issue said Bonds and authorizing execution of an Amendment to Memorandum of Agreement; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, 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 28A, Code of Iowa, and 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. Witness my hand and the Corporate Seal of said City hereto affixed this 17th day of July, 1984. (SEAL) Marian K. Karr, City Clerk State of Iowa ) SS: County of Johnson ) Subscribed and sworn.to before me this day, the date last above written. ��L Notary Plic in and or the (SEAL) State of Iowa -7- (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Iowa City, Iowa. July 17, 1984 7:30 P.M. 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: A Resolution Authorizing Amendment Of The Name Of The Developer And Owner Of The Project From Pharmaceutical Development Systems, Inc., To Southgate Development Company, Inc., And Directing Publication Of Notice Of Intention To Issue And Calling A Public Hearing On The Proposal To Issue Not To Exceed $3,000,000 In Aggregate Principal Amount Of Industrial Development Revenue Bonds (Southgate Development Company, Inc Project) Of The City Of Iowa City, Iowa, And Authorizing Execution Of An Amendment To Memorandum Of Agreement. 2. Such additional matters as are set forth on the additional 16 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. -8- 3:d0�in mRK 8.00 /,3Su5,- Ma an K. Karr, Clerk of the City of Iowa City, Iowa -8- 3:d0�in mRK 8.00 /,3Su5,- EXHIBIT "A" AMENDMENT TO MEMORANDUM OF AGREEMENT THIS AMENDMENT TO MEMORANDUM OF AGREEMENT is between the City of Iowa City, in Johnson County, Iowa, party of the first part (hereinafter referred to as the "City"), and Southgate Development Company, Inc., an Iowa corporation duly organized and existing under the laws of the State of Iowa, party of the second part (hereinafter referred to as "Company"). The Memorandum of Agreement entered into between the City and Pharmaceutical Development Systems, Inc.("Pharmaceutical"), pursuant to Resolution 84-102 duly adopted on May 8, 1984, is hereby amended and supplemented as follows: The Company assumes the interest of and is substituted for Pharmaceutical as the borrower and the owner of rhe Dr000sed Project and the obligor on the Bonds. 2. All prior proceedings, resolutions and documents relating to the Bonds are hereby amended by substituting, as appropriate, Southgate Development Company, Inc. for Pharmaceutical Development Systems, Inc. 3. Unless otherwise specifically amended hereby, all provisions and terms contained in all prior proceedings, resolutions and documents relating to the Bonds are reaffirmed and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this Amendment to Memorandum of Agreement by their representatives thereunto duly authorized as of the 17th day of July, 1984. City of IowacCity, Iowa (Seal of City) By John McDonald, Mayor Attest: (may Marian K. Karr, City Clerk // )Mliles ut1ga a Deve ent Company, Inc. 1 7 N. raver , P esi�3 nt �, jss CONSENT The undersigned hereby consents to the foregoing Amendment to Memorandum of Agreement and acknowledges that Southgate Development Company, Inc. shall assume the interests of and be substituted for Pharmaceutical Development Systems, Inc., as the borrower and the owner of the proposed Project and the obligor on the Bonds. Pharmaceutig4l Development Systems, Inc. By Charles E. Newhonsa . Exec Vi�Presidrnt (Name) (Title) /35S "City of Iowa Cit., - MEMORANDUM Date: July 12, 1984 To: City Council I From: Rosemary Vitosh, Director of Finance go Re: Amendment to Pharmaceutical Development Systems, Inc. Project, IRBs Pharmaceutical Development Systems has requested that the bond issue approved for their project be amended to permit the issuance of the bonds to Southgate Development Company, Inc. The bonds will still be used to build and equip the facility for Pharmaceutical Development. The only aspect of the project which will change is the ownership of the building. Southgate Development will own the building and lease it to Pharmaceutical Development. The use of IRBs for financing will permit the building to be leased at a low market rent due to the lower interest cost available on IRBs. The savings will enhance the financial viability of Pharmaceutical Development during the start-up period of their firm. Bond counsel has approved proceeding with amendment of the Memorandum of Agreement originally approved for Pharmaceutical Development since the project has not changed. As a result of this amendment, a second public hearing must be held to provide the public a chance to comment on the change in ownership of the project. The resolution schedules the public hearing for August 14, 1984. Staff review found no legal or financial problems with the amended application filed by Southgate Development. bdw/sp /35S -City of Iowa Citi- MEMORANDUM Date: July 11, 1984 To: City Manager and City Council From: Jeff Davidson, Asst. Transportation Planner] Re: FY85 SEATS Supplemental Taxi Service At the July 2, 1984 informal City Council meeting, the Council took action to defer awarding of the FY85 SEATS Supplemental Taxi Service contract to Hawk -I Cab, Inc. Hawk -I Cab was selected by staff through a competitive bidding procedure which took into account price, equipment, ability to provide the service, and references. Hawk -I narrowly outbid A-1 Cab, Inc., the FY84 provider. This matter was deferred because of several disparaging letters and phone calls which have been received from citizens regarding Hawk -I Cab. Most of the comments received have pertained to the previous ownership of this firm when it was known as Hawkeye Cab. For all of FY83 and half of FY84, Hawkeye Cab was the City's provider of SEATS Supplemental Taxi Service. After initially doing an adequate job of providing this service, by November 1983 the service provided by Hawkeye became unacceptable and the program was rebid and awarded to A-1 Cab, Inc. According to various clients and the Johnson County SEATS staff, A-1 has done an excellent job of providing this service for the last half year. On March 1, 1984, Hawkeye Cab was sold to Fred Hodges and renamed Hawk -I Cab Co. Mr. Hodges was dispatcher of the previous Hawkeye Cab Co. In his bid for the Iowa City contract in FY85, Mr. Hodges included a letter which assures that the problems with the previous company -including such things as discourteous drivers, late pick-ups, unsafe equipment, and ridesharing with unrelated trips - would not occur with his new firm. As mentioned previously, the two bids received from Hawk -I and A-1 for the FY85 servicewere very close. The deciding factor came down to price, which was $1.40 for the first mile and E.50 for each additional half -mile for Hawk -I, and $1.60 + E.50 for A-1. Based on everything else being virtually equal, the staff had no choice but to recommend the low bidder for this service. Although the problems with the previous company are ac- knowledged, Hawk -I Cab is a newly chartered company with new ownership. There have been some negative comments about Hawk -I Cab received from citizens, but nothing the staff has substantiated. /.3-S% Page 2 Should the Council concur with award of the contract to Hawk -I Cab, Hawk -I will be put on notice that should they prove not fit for the task of providing the service as delineated by the City's guidelines, the contract will be terminated and re -awarded to A-1 Cab, Inc. Should the Council not concur, the service will be awarded to A-1 Cab, Inc. and a new contract drawn up for Council approval at the July 17 regular meeting. The contract amount in FY85 is $6500. Thank you. cc: Fred Hodges, Hawk -I Cab John Wittenberg, A-1 Cab Larry McGonagle, Iowa City Transit Larry Olson, Johnson County SEATS Don Schmeiser, JCCOG bc5 /35% �1 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E CONTRACT WITH JOHNSON COUNTY AND HAWK -I CAB COMPANY FOR THE FY85 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/Iowa City SEATS program for delivery of special elderly and handicapped transit services, and WHEREAS, based on a competitive bidding process, City staff recommends the award of -,,a contract to Hawk -I Cab Company of Iowa City for the FY85 SEATS supplemental taxi service, and WHEREAS, Chapter, 28E of the Code of Iowa provides that th power exercisable by a public agency of this State may be exercised joi tly with any other public agency of this State having such power, and WHEREAS, Iowa City, JJooknson County, and Hawk -I 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 RESOLVEDLY THE CITY COUNCIL OF IOWA CITY: 1. That the FY85 contract for upplemental taxi service to the Johnson County SEATS program is hereby arded%to Hawk -I Cab Company. 2. That the Mayor is authorized tosi�jQQQ 'and the City Clerk to attest the 28E contract between the City of Iowa/ Gity, Johnson County, and Hawk -I Cab Company for supplemental taxi service to the Johnson County SEATS program. 3. That the City Clerk is directed to\by 8E Agreement with the Secretary of State and record same witCounty Recorder. It was moved by /and secondthe Resolution be adopted, and upon roT1T there were: AYES: NAYS: ABSENT: \ I AMBRISCO BAKER _ DICKSON ERDAHL MCDONALD /= STRAIT ZUBER I Passed and approved this _ day of , 1984. I MAYOR ATTEST: CITY CLERK Raeolved & Approved By The Local Depaammi 1S - a /-5.5/ 28E AGREEMENT FOR FY85 SUPPLEMENTAL TAXI SERVICE This 28E Agreement is made and entered into on the day of , 1984, by and between the City of Iowa City, a municipTcorporation, ereinafter referred to as "City," Johnson County, and Hawk -I Cab Company. I. SCOPE OF SERVICES Hawk -I Cab Company shall provide transportation for handicapped and elderly residents of Iowa City as supplemental taxi service in the Johnson County SEATS program. 1. The or in and/or destination of all rips shall be within the corporate imits of Iowa City; however, he area of service shall be the metropo 'tan area of Johnson County within the corporate limits of Iowa City, Co lville, and University eights. 2. The provision o transportation y Hawk -I Cab Company under this agreement shall be dministered b Johnson County SEATS. Elderly and handicapped resident of Iowa City shall call the SEATS dispatcher to request transportatio The SEATS dispatcher shall determine if the ride is eligible for ubsidiz'ed taxi service and will inform the Hawk -I Cab Company dispa cher'of the intended trip, whereupon a taxi will be dispatched. 3. For the purposes of this pro ram, an elderly person is defined as an individual over 60 years;'of a e; a handicapped person is defined as any individual with ambulator manual, visual, audial, or mental impairments which seriously limi his/her ability to obtain adequate transportation either, through the a of private automobile or public transit. This includes persons who re restricted to wheelchairs. A spouse or companion accompanying a\gible persons shall also be eligible to obtain rides.4. The following trips shall be eligible idized taxi service from Hawk -I Cab Company: a. Medical (i:'e, doctor, dentist, drug store), trips that cannot be easily scheduled 24 hours in advance. b. Any other/trip that cannot reasonably be served y Johnson County SEATS vehicles. Trip purposes in this categor include social service( shopping, volunteer service, social/s for activity trips, find employment - including regularly scheduled trips to and from a,%orksite. Taxi service shall be available 24 hours per day. Off -hour service must be scheduled during hours of SEATS operation. 5. Hawk -I Cab Company shall reserve the right to refuse service to any passenger that is being disruptive. The SEATS manager shall be notified of all instances where a passenger is refused service. 1357 III. COMPENSATION Each eligible participant shall pay Hawk -I Cab Company a donation for each trip and the City shall subsidize the remaining cost of the trip. However, no eligible participant without a donation shall be denied a ride by Hawk -I Cab Company; in this situation, the City shall subsi- dize the entire cost of the trip. A determination of the total trip cost shall be calculated from the rates submitted by Hawk -I Cab Company in their bid for the service: $1.40 for the first mile and $.50 for each additional half mile. The calculation of the first mile shall be mileage up to one and one-tenth miles and this shall also be the minimum charge. Each additional half mile shall be calculated at two-tenths and seven -tenths past the first mile. 2. On a monthly basis Hawk -I Cab Company shall request reimb sement from the C'ty for the amount of the trip subsidy. With thi request, an it 7a' ion of the date, time, donation, origin, and estination of each tri shall be provided by Hawk -I Cab Company, opies of these records sh 1 also be delivered to the Johnson Coun y SEATS adminis- trator for v ification. 3. Funding of $6500 hall be allocated by the City/ ity f Iowa City for this project, this amou being the City's total co tribution for supple- mentary service in fiscal year 1985. None of these funds shall be allocated for advertis' g or public relations! Any unused funds at the end of fiscal year 198 will remain in thellowa City Transit budget. It shall be the respon 'bility of Hawk -I Cab Company to monitor payments received during 85 and to notify the Iowa City Transit Manager if it appears said llocated funds may be totally expended prior to June 30, 1985. IV. INDEMNIFICATION Hawk -I Cab agrees to defend, indemnify, nd save harmless the City of Iowa City, its officers, employees, and agent from any and all liability or claims of damages arising under the terms � this agreement. V. ASSIGNMENT Hawk -I Cab Company shall not assign, sublet, o transfer its interest in this agreement without the written consent of the ity\flowing VI. DISCRIMINATION Hawk -I Cab Company sh ll not commit any of temployment practices: a. To discharge from employment or refuse to hirvidual because of their race,.�creed, color, national origin, relig 4a , age, sex, marital status, sexual orientation, or disability. To discrimjnate 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. 3 VII. AFFIRMATIVE ACTION I. Hawk -I Cab Company agrees to complete an equal opportunity policy statement, as provided by the City of Iowa City. Hawk -I Cab Company agrees to permit inspection of their records concerning the supplemen- tary service by a person representing the City of Iowa City, Johnson County, and/or the State of Iowa, during normal working hours. VIII. DURATION IX This agreement shall be in effect from Jul ,11, 1984, to June 30, 1985. Upon agreement by the parties hereto, the terms of this agreement may be extend d an additional thirty (30) days./ However, this agreement may be terminated upon thirty (30) days written notification by either the City or Hawk- Cab Company. This agreement hall be filed with the Secretary of the State of Iowa and the County Recorde of Johnson County, Iowa, pursuant to the requirements of Chapter 28E, Code f Iowa: This agreement repres City, Johnson County, as herein provided. I by all parties. HAWK -I CAB COMPANY: By: President ATTEST: JOHNSON COUNTY, IOWA By : Chairperson a rperson Board of Supervisors ATTEST: County Auditor the entire agreement between the City of Iowa Hawk -I Cab Company for subsidized taxi service b`b�amended only by a written instrument signed OF IOWA CITY, IOWA: By: ATTEST: Marian K. Karr, City Clerk braved & Appoved By Tho Dep lh= t 13.57 RESOLUTION NO.84-197 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E CONTRACT WITH JOHNSON COUNTY AND A-1 CAB, INC. FOR THE FY85 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/Iowa City SEATS program for delivery of special elderly and handicapped transit services, and WHEREAS, based on a competitive bidding process, City staff recommends the award of a contract to A-1 Cab, Inc. of Iowa City for the FY85 SEATS supple- mental taxi service, and WHEREAS, Chapter 28E of the Code of Iowa provides that the power exercisable by a public agency of this a e may a exercised jointly with any other public agency of this State having such power, and WHEREAS, Iowa City, Johnson County, and A-1 Cab, Inc. 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: 1. That the FY85 contract for supplemental taxi service to the Johnson County SEATS program is hereby awarded to A-1 Cab, Inc. 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 A-1 Cab, Inc. for supplemental taxi service to the Johnson County SEATS program. 3. That the City Clerk is directed to file the 28E Agreement with the Secretary of State and record same with the Johnson County Recorder. It was moved by Erdahl and seconded by Strait be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO —� BAKER DICKSON X EROAHL MCDONALD STRAIT ZUBER Passed and approved this 17thday of July 1984. LuJ YOR ATTTY CLETEST: [// CIRK the Resolution Roceived A Approroo' By The Legal DI wnt 135-7 28E AGREE14EIlT FOR FY85 SUPPLEMENTAL TAXI SERVICE This 28E Agreement is made and entered into on thel7th day of July , 1984, by and between the City of Iowa City, a municipTcorporation, ereinafter referred to as "City," Johnson County, and A-1 Cab, Inc. I. SCOPE OF SERVICES A-1 Cab, Inc. shall provide transportation for handicapped and elderly residents of Iowa City as supplemental taxi service in the Johnson County SEATS program. II. GENERAL TER14S 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 A-1 Cab, Inc. under this agreement shall be administered by Johnson County SEATS. Elderly and handi- capped 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 A-1 Cab, Inc. 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 impairments which seriously limit his/her ability to obtain adequate transportation either through the use of private automobile or public transit. This includes persons who are restricted to wheelchairs. A spouse or companion accompanying eligible persons shall also be eligible to obtain rides. 4. The following trips shall be eligible for subsidized taxi service from A-1 Cab, Inc.: a. Medical (i.e. doctor, dentist, drug store); trips that cannot be easily scheduled 24 hours in advance. b. Any other trip that cannot reasonably be served by Johnson County SEATS vehicles. Trip purposes in this category include social service, shopping, volunteer service, social/senior activity trips, and employment - including regularly 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. A-1 Cab, Inc. shall reserve the right to refuse service to any passenger that is being disruptive. The SEATS manager shall be notified of all instances where a passenger is refused service. 135-7 III. COMPENSATION Each eligible participant shall pay A-1 Cab, Inc, a donation for each trip and the City shall subsidize the remaining cost of the trip. However, no eligible participant without a donation shall be denied a ride by A-1 Cab, Inc.; 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 A-1 Cab, Inc. in their bid for the service: $1.60 for the first mile and $.50 for each additional half mile. The calculation of the first mile shall be mileage up to one and one-tenth miles and this shall also be the minimum charge. Each additional half mile shall be calculated at two-tenths and seven -tenths past the first mile. 2. On a monthly basis A-1 Cab, Inc. shall request reimbursement 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 A-1 Cab, Inc. Copies of these records shall also be delivered to the Johnson County SEATS administrator for verification. Funding of $6500 shall be allocated by the City of Iowa City for this project, this amount being the City's total contribution for supple- mentary service in fiscal year 1985. None of these funds shall be allocated for advertising or public relations. Any unused funds at the end of fiscal year 1985 will remain in the Iowa City Transit budget. It shall be the responsibility of A-1 Cab, Inc. to monitor payments received during FY85 and to notify the Iowa City Transit Manager if it appears said allocated funds may be totally expended prior to June 30, 1985. IV. INDEMNIFICATION A-1 Cab, Inc. 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 terms of this agreement. V. ASSIGNMENT A-1 Cab, Inc. shall not assign, sublet, or transfer its interest in this agreement without the written consent of the City. VI. DISCRIMINATION A-1 Cab, Inc. shall not commit any of the following employment practices: 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. 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. 1357 3 VII. AFFIRMATIVE ACTION 1. A-1 Cab, Inc. agrees to complete an equal opportunity policy state- ment, as provided by the City of Iowa City. A-1 Cab, Inc. agrees to permit inspection of their records concerning the supplementary service by a person representing the City of Iowa City, Johnson County, and/or the State of Iowa, during normal working hours. VIII. DURATIO14 This agreement shall be in effect from July 1, 1984, to June 30, 1985. Upon agreement by the parties hereto, the terms of this agreement may be extended an additional thirty (30) days. However, this agreement may be terminated upon thirty (30) days written notification by either the City or A-1 Cab, Inc. IX. EXTENT OF AGREEMENT 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 A-1 Cab, Inc. for subsidized taxi service as herein provided. It may be amended only by a written instrument signed by all parties. A-1 CAB COMPANY: By: gr9sideP ATTEST: JOHNSON COUNTY, IOWA By C airperson ff Board of Supervisors ATTEST: CITY OF IOWA CITY, IOWA: By: 2 Alihn McDonald, MaTor ATEST: Ma ian K. Karr, C y er nrS�tr1,2�� n:Q�QO,nU•�JI°�Irn �cuy County Auditor 1 o011 RocclvM & Approved By jfiE Legal DeparTmenf ivaV 35-7 1, CITY CSF CNIC CENTR 410 E. WASHNGTON ST. OWA CITY IOWA CfiY, IOWA 52240 (319) 356-5033 Mary Jane Odell Secretary of State Iowa State Capitol Building Des Moines, IA 50319 Dear Ms. Odell: The City of Iowa City, Johnson County, Iowa, and A-1 Cab, Inc. have entered into a 28E Agreement for FY85 Supplemental Taxi Service. Attached is the originally executed Resolution authorizing the Agreement, with the originally executed Agreement. These documents have been recorded with the Johnson County Recorder. Yours very truly, Marian K. Karr, CMC City Clerk MKK/mk enc. 13-57 MARY JANE ODELL SECRETARY Or STATE k o btate of 3101un *ecretarp of 6tate iile5 Siloine6 July 31, 1984 STATE CAPITOL 9NLONG DES MOINES, IA. 50919 5.528, 5664 Marian K. Karr, CMC City Clerk 410 E. Washington St. Iowa City, Iowa 52240 Re: 28E Agreement for Taxi Service between City of Iowa City and A-1 Cab, Inc. for FY85 Dear Ms. Karr: We have received the above described agreement, which you submitted to this office for filing, pur- suant to the provisions of Chapter 28E, 1983 Code of Iowa. You may consider the same filed as of July 30, 1984. Cordially, MARY JA DELL Secreta y of State MJO/d 13.57 RESOLUTION NO. 84-198 RESOLUTION AMENDING POSITIONS IN THE AFSCME CLASSIFICATION PLAN WHEREAS, Resolution No. 84-158 adopted by the City Council on June 19, 1984, established a classification/compensation plan for AFSCME employees, and WHEREAS, the classification plan of the City of Iowa City was established and is maintained to reflect through job classification and compensation the level of job duties and responsibilities performed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the AFSCME classification plan be amended: By moving the position of Accountant from Grade 12 to Grade 11, and By moving the position of Senior Accountant from Grade 14 to Grade 13, and By addition of the position of Maintenance Worker II - Forestry to Grade 5. It was moved by Erdahl and seconded by Strait the Resolution be adopted, and upon roll call there were: NAYS: ABSENT: Ambrisco X Baker Dickson Erdahl McDonald —� Strait —jC— Zuber Passed and approved this 11th da of July/ YOR RmfvL,d & Approvod By Th gal D"rtTmM /35S-1340 \ti City of Iowa Cit^ MEMORANDUM Date: July 11, 1984 To: Members of the City Council From: Anne Carroll, Director of Human Relations Re: Reclassifications A resolution has been included on your July 17 agenda classifying/reclas- sifying the positions of Maintenance Worker II - Forestry, Accountant -Accounting Division, and Sr. Accountant - Accounting Division. The recom- mended changes reflect technical corrections to the pay plan, rather than a change in evaluation of the duties and responsibilities of these positions. There are no additional costs associated with any of these classification changes. The position of Maintenance Worker II - Forestry is new and was approved by Council during the budget process - its inclusion places it within the AFSCME pay plan for the first time. The positions of Accountant and Sr. Accountant, Accounting Division, were among the positions moved from the Confidential and Administrative pay plans into the AFSCME pay plan, as was agreed to by AFSCME and the City. An error was made in the initial assignment of the Accountant position to Grade 12. It was intended that the position be moved into the AFSCME pay plan at the same level as the position occupied as a Confidential and that level is more accurately the now proposed Grade 11. A classification change to the position of Sr. Accountant is also necessary due to its initial placement following removal from the Administrative pay plan. Strictly comparable salary ranges do not exist between the AFSCME and Administrative classification plans, as they do between AFSCME and Confiden- tial, hence AFSCME and the City agreed to tentative placement within the salary ranges at the discretion of the Human Relations Director with assign- ment to be finalized prior to September 30. An end -of -probation salary increase is now due the incumbent in the Sr. Accountant position and to prevent overpayment of the increase it is necessary now to correct the initial placement. The classifications of the remainder of the positions transferred between the AFSCME, Administrative and Confidential employee groups will be finalized, if necessary, in September. Please feel free to contact me if you have any questions with regard to these changes. bj2/11 /3.51 -/36 0 RESOLUTION NO. 84-199 RESOLUTION RECLASSIFYING A FULL-TIME POSITION IN THE EQUIPMENT DIVISION WHEREAS, Resolution No. 84-47 by the City Council on February 28, 1984, establishing an operating budget for FY85 authorizes all permanent positions, and WHEREAS, the classification plan of the City of Iowa City was established and is maintained to reflect through job classification and compensation the level of job duties and responsibilities performed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that: 1. The authorization of personnel in the Equipment Division be amended by reclassification of the position of Maintenance Worker III Grade 5 to Mechanic I Grade 7. It was moved by Erdahl and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson Erdahl —� McDonald —� Strait X Zuber Passed and approved this 17th day of July , 1984. ATTEST: bashed i Appevod BY Tito Legal Deparfmanf -7 /3G/ City of Iowa Cit,. MEMORANDUM Date: July 11, 1984 To: Neal Berlin, City Manager From: Larry McGonagle, Transit Manager*1 Re: Iowa City Transit Maintenance Study Recently I have completed my review of the preliminary results of the Iowa City Transit Maintenance Study conducted by Arrow Transit Associates. Based on these preliminary results I feel it is necessary to recommend the filling of the budgeted position in maintenance. That position is presently vacant. I feel it is extremely important that this budgeted position be upgraded from Maintenance Worker III to Mechanic I. This will allow the maintenance department to select someone with a higher level of mechanical expertise as recommended by the study. This has several benefits which outweigh the additional costs of $1,665 per year. One of the most obvious benefits in filling this position is our present mainte- nance situation. We are severely overloaded. If some action is not taken immediately Transit may not be able to provide tripper service when school resumes in late August. In the past, Sumner slack time has allowed us to "catch up" on our maintenance work. Due to the age of the fleet, this has not been possible this year. In addition this person will help us in getting caught up before the new buses arrive in mid-September. Once these buses arrive this new person will be needed to perform maintenance on the extended fleet.' In summary it is important to fill this position now to help us catch up on maintenance, that this person be trained on the new buses with the other mechanics, and to assist with the additional work load brought about by the new buses. Upon receipt of the final copy of the Iowa City Transit Maintenance Study, I will be making further recommendations to the Council concerning additional staffing needs called for in this study. tp2/2 1361 RESOLUTION NO. 84-200 RESOLUTION APPROVING APPLICATION FOR PUBLIC HOUSING AND PUBLIC HOUSING AGENCY REQUEST FOR FRONT-END ANNUAL CONTRIBUTIONS CONTRACT (ACC) WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the United States of America, acting through the Secretary of Housing and Urban Development (herein called the "Government"), is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of low -rent housing projects that will assist in meeting this goal; and WHEREAS, the Act provides that there shall be local determination of need for low -rent housing to meet needs not being adequately met by private enterprise and that the Government shall not make any contract with a public housing agency for preliminary loans (through the use of a front- end ACC) for surveys and planning in respect to any low -rent housing projects unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan (through the use of a front-end ACC); and WHEREAS, the Iowa City Housing Authority (herein called the "PHA") is a public housing agency and is applying to the Government for a front-end ACC to cover the costs of surveys and planning in connection with the development of low -rent hosing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA as follows: 1. That there exists in the City of Iowa City a need for such low -rent housing which is not being met by private enterprise; 2. That the application of the PHA to the Government for a front-end ACC in an amount not to exceed 1% of the total development cost for surveys and planning in connection with low -rent housing projects of not to exceed approximately ten (10) dwelling units is hereby ap- proved. 3. This Resolution also gives majority approval by the City Council of the City of Iowa City, Iowa, of the project within its jurisdiction based upon the study or report and recommendations as required by Section 403A.5 of the Iowa Code. 1,3(0 Page 2 It was moved by Zuber and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Baker Dickson x_ Erdahl McDonald Strait x Zuber Passed and approved this 17th day of July 1984. v ATTEST: CITY CLERK Rotelved S Approved 6Y The Wq&1 Deparhnem iz /,36.2-- I City of Iowa Cit,. MEMORANDUM Date: July 10, 1984 To: Neal G. Berlin, City Manager City Council From: Lyle G. Seydel, Housing Coordinator Re: Application for Public Housing 1. 0n June 5, 1984, the Department of Housing & Urban Development issued a Notification of Availability of Public Housing. This is an Invitation to Public Housing Agencies to submit an Application for Public Housing. The attached documents would enable the Iowa City Housing Authority to apply for ten units of three or more bedrooms each, Acquisition of Existing Housing. The program operates as follows: The Annual Contributions Contract is provided that will equal the Total Development Costs x the number of units requested x 160%. For Iowa City that would be 3 -bedroom prototype cost of $35,750 x 10 units x 160% = $572,000. Thus, if we are awarded the units, we would have to buy 10 Existing 3 -bedroom units for less than $572,000. That would include all closing costs, attorney fees and any minor rehabilitation that would be needed. 2. Should, the City Council desire the submission of an Application,- the following actions are required: a. Resolution Approving Application for Public Housing and Public Housing Agency Request for Front -End Annual Contributions Contract (ACC). b. PHA Resolution in Support of Public Housing Project. c. Resolution of Cooperation. d. Evidence of Public Hearing. This should be set before submission of Application but need not be held prior to submission. Consider Motion Setting Date for Public Hearing. bj2/5 /31' GENERAL CERTIFICATE 1, Marian K. Karr, DO HEREBY CERTIFY as follows: 1. That I am the duly appointed, qualified and acting City Clerk of the City of Iowa City (herein called the "Local Agency"). In such capacity, I am custodian of its records and am familiar with its organization, membership and activities. 2. That the proper and correct corporate title of the Local Agency is the City of Iowa City, Iowa. 3. That the City of Iowa City, Iowa, was duly created pursuant to the authority of the constitution and statutes of the State of Iowa including particularly, the Act of Legislature in the laws of Iowa of 1838-1839 at page 435, and was duly recognized on the 4th day of July 1839; and since the date of its organization, the Local Agency has continued to exist without inter- ruption in the performance of its public corporate purposes. 4. That the names and dates of election or appointment, and the dates of the beginning and ending of the terms of office, of the members of the governing body of the Local Agency and of its principal officers are as follows: 136Z DATE OF DATE OF COM- DATE OF EXPIRA- ELECTION OR MENCEMENT OF TION OF TERM NAME 8 OFFICE(s) APPOINTMENT TERM OF OFFICE OF OFFICE John McDonald Mayor 1/3/84 1/3/84 1/2/86 Councilmember 11/3/81 1/2/82 1/2/86 Clemens Erdahl Mayor Pro tem 1/3/84 1/3/84 1/2/86 Councilmember 11/3/81 1/2/82 1/2/86 William J. Ambrisco Councilmember 11/8/83 1/2/84 1/2/88 Larry Baker Councilmember 11/8/83 1/2/84 1/2/88 Kate Dickson Councilmember 11/3/81 1/2/82 1/2/86 George A. Strait Councilmember 11/8/83 1/2/84 1/2/88 Ernest Y. Zuber, Jr. Councilmember 11/8/83 1/2/84 1/2/88 Neal Berlin City Manager 1/14/75 1/14/75 Indefinite Robert W. Jansen City Attorney 6/30/81 1/3/84 1/2/86 Marian K. Karr City Clerk 4/12/83 1/3/84 1/2/86 5. Each of the above-named officers required to do so has duly taken and filed his oath of office and each of them legally required to give bond or undertaking has filed such bond or undertaking in form and amount as required by law and has otherwise duly qualified to act in the official capacity above designated, and each is the acting officer holding the respective office or offices stated beside his name. 6. None of the above-named officers is ineligible to hold or disqualified from holding, under the provisions of applicable law, the respective office, specified above, which he holds. 7. None of the above-named Councilpersons is an officer or employee of the City of Iowa City. 136Z Page 2 1 Gen xal Certificate 8. Since January 4, 1982, there have been no changes in or amendments to the charter, by-laws, ordinances, resolutions, or proceedings of the Local Agency with respect to: a) The time and place of and other provisions concerning regular meetings of the Local Agency; b) The provisions concerning the calling and holding of special meetings of the Local Agency and the business which may be taken up at such meetings; c) The requirements concerning a quorum; d) The manner in which the charter or by-laws of Local Agency may be amended; e) The requirements regarding the introduction, passage, adoption, approval, and publication of resolutions, ordinances, or other measures, relating to the approval and execution of contracts and the authorization, award, execution, or issuance of bonds, notes, or other obligations of the Local Agency; f) The officers required to sign, countersign, or attest contracts, bonds, notes, or other obligations of the Local Agency; g) The office of the Local Agency; or h) The seal of the Local Agency. On January 2, 1976, the City Council adopted a Home Rule Charter for the City of Iowa City, Iowa. Said Charter was passed according and pursuant to State law. 9. The seal impressed below, opposite my signature, is the duly adopted, proper, and only official corporate seal of the Local Agency. TM UTTurcc WNFRFnr T have hereunto set my hand and the duly adopted HUD -9011 (11-68) CERTIFICATE OF RECORDING OFFICER I, Marian K. Karr , the duly appointed, qualified and acting City Clerk of the City of Iowa City . Iolaa do hereby certify that the attached extract from the minutes of the July 17, 1984 meeting of the City Council of the City of Iowa City , held on July 17, 1984 , is a true and correct copy of the original minutes of such meeting on file and of record in so far as they relate to the matters set forth in the attached extract, and I do further certify that each Resolution appearing in such extract is a true and correct copy of a Resolution adopted at such meeting and on file and of record. IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said City of Iowa City this 17th day of July , 1984 (SEAL) , *00 01101wo 136 -2 - Gro e.ruo k Nuo•nu (11♦Q The following resolution was introduced by Mayor John McDonald read in full and considered: Zuber moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Erdahl and upon roll call the "Ayes" and "Nays" were as follows: V AYES NAY i V Ambrisco None Dickson Erdahl McDonald Strait Zuber The Mayor thereupon declared said motion carried and said resolution adopted. There being no further business to come before the meeting upon motion duly me -it j and seconded, the meeting was adjourned, � i I f3G •1i era ub.•I p u t IN V+•U, ".+Ln: [li.fl 011.189 •1t L s" 0 HUD -9012 (i1-68) EXTRACT FROM MINUTES OF MEETING EXTRACT FROM THE MINUTES OF A RECULAR MEETING OF THE CITY OF IOWA CITY OF THE CITY COUNCIL HELD ON THE 17th DAY OF Julv , 19 8 The City Council of the City of Iowa City met in regular meeting at Civic Center in the City of Iowa City , Iowa , at the place, hour, and date duly established for the holding of such meeting. The Mayor celled the meeting to order and on roll call the following answered present; I. AMBRISCO DICKSON ERDAHL MCDONALD STRAIT ZUBER and the following were absent: BAKER The Mayor declared a quorum present. +�•• w* a� a r w r r a k+► s 233978-F /3, ,Z U.S.( RTMENT OF HOUSING AND URBAN DEVELOP —7 PUBLIC HOUSING PROGRAM PHA RESOLUTION IN SUPPORT OF PUBLIC HOUSING PROJECT RESOLUTION NO. 84-201 Whereas, the United States Housing Act of 1937 provides that there shall be local determination of the need for public housing to meet needs not being adequately met by private enterprise; and Whereas, under the provisions of the United States Housing Act of 1937, the Department of Housing and Urban Develop- ment (HUD) is authorized to provide financial assistance to public housing agencies for such housing; NOW THEREFORE, BE IT RESOLVED BY THE !/OF THE City Council of Iowa City, ity Iowa (Iowa City Housing Authority) 2/ (PHA) AS FOLLOWS: 1. Determination of Need. The PHA hereby determines that within its area of operation there is a need for low-income housing to meet needs not being adequately met by private enterprise. 2. Application and/or Proposal for Housing Assistance. The Mayor of the City of .Iowa City of the PHA is hereby autyor' ed to have prepared one or more applications and/or proposals for public housing assistance for development of up to ten 11u) Al dwelling units [and for a Preliminary Loan of up to E J .54 to sign said applications and/or proposals on behalf of the PHA and to submit them to HUD, said dwelling units to be provided as follows: by new construction up to J dwelling units; by rehabilitation up to Al dwelling units, and by acquisition up to J dwelling units. 3. Annual Contributions Contract (ACC). When an ACC is forwarded by HUD to the PHA for execution by the PHA, the Chairman or Vice Chairman is hereby authorized to execute such ACC on behalf of the PHA; and the Secretary is hereby author- ized to impress and attest the official PHA seal on each ACC counterpart and submit to HUD executed counterparts and related documents as required by HUD. 4. General Depositary Agreement. The Chairman or Vice Chairman is hereby authorized to execute on behalf of the PHA a General Depositary Agreement(s) and/or Savings Depositary Agreement(s) each in the forth approved by HUD; and the Secre- tary is hereby authorized to impress and attest the official PHA seal on each counterpart and submit to HUD executed counter- parts and related documents as required by HUD. S. Funding for Project Development Cost. (a) In order to fund the Development Cost of Housing projects pursuant to this Resolution or any other Resolution as may be required by HUD, the PHA hereby authorizes the Issuance of obligations in its name at such times, in such amounts, and on such terms and conditions as HUD may direct or approve In accordance with the ACC. (b) The Chairman or Vice Chairman is hereby authorised to prepare and execute such PHA obligations; and the Secretary is hereby authorized to impress and attest the official PHA seal, deliver the obligations to HUD or such other lenders as HUD may direct, and accept payment therefor or cause payment to be made as directed or ap- proved by HUD in accordance with the ACC. (c) Each such PHA obligation shall be secured in such manner as may be provided and/or required by HUD In accor- dance with the ACC. All proceeds from such PHA obligations shall be deposited and used only as r,groved by HUD in accordance with the ACC. 6. HUD Regulations. In connection with the development and operation of any program or activity receiving Federal financial assistance under the United States Housing Act of 1937, the PHA will comply with all requirements under the app8- eable regulations of the Department of Housing and Urban Development, 24 CFR 841 or 24 CFR 805, as appropriate, and all HUD regulations relating to the operation of public housing projects. 7. Meaning of Terms. All terms used in this Resolution which are defined in the ACC shall have the meanings given to them in the ACC, 8. Effective Date. This Resolution shall take effect Immediately. Supeneda HUD -918, HUD -9701 end PrevIous Edition, Which are Obeolrte 4U652471 (3-811 RECORDING OFFICER'S CERTIFICATION I Marian K. Karr & the duly appointed, qualified and acting City Clerk 3/ of the�City of Town City 21, as evidenced by the General Certificate dated July 17,198 do certify that as evidenced by the official minutes: 1. A regular/sq" meeting was held on July 17. 1984 ,j• 2. Of the full City Council g/ member Board, a quorum was present comprising the following members: ^ brisco Dickson Erdahl McDonald Strait, Zuber Y. 3. The above Resolution, No. 84-201 , was read in full and considered, andwas duly adapted by the affirmative votes of the following members constituting a majority: Zuber. Ambrisco, Dickson, Erdahl, McDonald Strait 61. In Testimony Whereof, l have hereunto set my hand and the seal of the City of Iowa City :/ tbil 17th day of July ly 84 (SEAL) -Ab/ (Siarrarurr/ Recelved A Approved 8y The Legal Deparhrserd HUD -52471 13811 84-202 RESOLUTION OF COOPERATION WHEREAS, the City of Iowa City, Iowa (hereinafter called the "Municipal- ity"), acting by and through the Low Rent Housing Agency of the City of Iowa City, Iowa (hereinafter called the "Commission"), has requested from the United States of America, Housing and Urban Development (hereinafter called "HUD"), a Program Reservation for (10) units of low rent housing to be developed and located within the corporate limits of the Municipality and may hereafter apply for additional Program Reservations; and WHEREAS, the Municipality, acting by and through the Commission, shall endeavor to secure one or more contracts with HUD for loans and annual contributions in connection with the development and administration of such low rent housing projects, all pursuant to the United States Housing Act of 1937, as amended (hereinafter called the "Act"); and WHEREAS, all such low rent housing projects are for a public purpose and exempt from all real and personal property taxes under the Statutes of the State of Iowa; and WHEREAS, the Municipality is desirous of assisting and cooperating in such undertakings and of complying with the provisions of Sections 10(a), 10(h), and 15(7)(b) of the Act, as well as all other applicable provisions thereof; NOW, THEREFORE, BE IT RESOLVED, that: Section 1. Whenever used in this resolution, the following terms shall have the following meaning: (a) The term "Complex" shall mean any low rent housing hereafter devel- oped as one operation by the Commission with financial assistance of HUD and included within any Program Reservations issued to the Municipality, acting by and through the Commission, by HUD which in the aggregate may not exceed ten (10) units of low rent housing. A Complex will generally be located on a single site but may be on scattered sites. (b) The term "Taxing Body" shall mean the State or any political subdivi- sion or taxing unit thereof (including the Municipality) in which a Complex is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Complex if it were not exempt from taxation. (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Complex for dwelling rents and non -dwelling rents (excluding all other income of such Complex), less the cost of all dwelling and non -dwelling utilities. (d) The term 'Slum means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combina- tion of these factors, are detrimental to safety, health or morals. /36e f Section 2. The Municipality agrees that with respect to any Complex, so long as either (a) such Complex is used for low rent housing purposes, or (b) any contracts between the Municipality, acting by and through the Commission, and HUD for loans or annual contributions, or both, in connection with such Complex shall remain in force and effect, or (c) any bonds issued in connection with such Complex shall remain outstanding, whichever period is the longest, the Municipality will not levy or impose any real or personal property taxes upon such Complex or upon the Commis- sion with respect thereto. During such period, the Commission shall make annual payments to the Municipality (hereinafter called "Payments in Lieu of Taxes") in lieu of such taxes and in payment for public services and facilities furnished for or with respect to such Complex. Each Annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Complex and shall be in an amount equal to either (a) ten per cent (10%) of the aggregate Shelter Rent charged by the Commission in respect to such Complex during such fiscal year or (b) the amount permitted to be paid by applicable state law in effect on the effective date of this resolution, whichever amount is the lower; provided, however, that upon failure of the Commission to make any such Payment in Lieu of Taxes, no lien against any Complex or assets of the Commission shall attach. The Municipality shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in accordance with applicable state law; provided, however, that no payment for any year shall be made to any Taxing Body (including the Municipality) in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Complex were not exempt from taxation. Section 3. During the period commencing with the date of the acquisition of any part of the site or sites of any Complex and continuing so long as either (a) such Complex is used for low rent housing purposes, or (b) any contract between the Municipality, acting by and through the Commission, and HUD for loans or annual contributions, or both, with respect to such Complex shall remain in force and effect, or (c) any bonds issued in connection with such Complex shall remain outstanding, whichever period is the longest, the Municipality, without cost or charge to the Commission or the tenants of such Complex (other than the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Commission and the tenants of such Complex public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such Complex as may be necessary in the development thereof, and without charge, transfer to the Commission jurisdiction of any interest the Municipality may have in such vacated area; and insofar as it is lawfully able to do so without cost or expense to the Commission and/or to the Municipality, cause to be removed from such vacated areas, insofar as it may be necessary, all public or private utility lines and equipment; /36 fz (c) Insofar as the Municipality may lawfully do so, grant such waivers of the building code of the Municipality as its Council deems appropri- ate under the circumstances and are reasonable and necessary to promote economy and efficiency in the development and administration of such Complex; and make such changes in any zoning of the site and surrounding territory of such Complex as its Council deems appropri- ate under the circumstances and are reasonable and necessary for the development and protection thereof; (d) Accept grants of easements necessary for the development of such Complex; and (e) Cooperate with the Commission by such other lawful action or ways as the Municipality and Commission may find necessary in connection with the development and administration of such Complex. Section 4. In respect to any Complex, the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Commission: (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Complex after the Commission, out of Complex development funds, has completed the grading, improvement, and paving thereof in accordance with specifi- cations acceptable to the Municipality; and (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding such Complex or necessary to provide adequate access thereto (in consid- eration whereof the Commission shall pay to the Municipality as Complex development costs such amount as would be assessed against the Complex site for work if it were privately owned); and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Complex and serving the bounding streets thereof (in consideration whereof the Commission shall pay to the Municipality as Complex development costs such amount as would be assessed against the Complex site if it were privately owned). Section 5. If the Municipality shall, within a reasonable time after written notice from the Commission, fail or refuse to furnish or cause to be furnished any of the services or facilities which it is obligated hereunder to furnish or cause to be furnished to the Commission or to any Complex, then the Commission upon obtaining such services or facilities elsewhere shall deduct the cost therefor from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Complex or any other low rent housing Projects assisted or owned by HUD. Section 6. The Municipality agrees that so long as any contract between the Municipality, acting by and through the Commission, and HUD for loans (including preliminary loans) or annual contributions, or both, with respect to any Complex shall remain in force and effect, or so long as any bonds issued in connection with such Complex shall remain outstanding, this resolution shall be regarded as a contract and shall not be abro- gated, changed, or modified without the consent of HUD. The privileges 124 �1 1-1 4 and obligations of the Municipality hereunder shall remain in full force and effect with respect to each Complex so long as the beneficial title to such Complex is held by the Municipality or some other public body or governmental agency, including HUD, authorized by law to engage in the development or administration of low rent housing Projects. If at any time the beneficial title to, or possession of, any Complex is held by such other public body or governmental agency, including HUD, the provi- sions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including HUD. Section 7. No Cooperation Resolution heretofore entered into between the Municipality and the Commission shall be construed to apply to any Complex covered by this Resolution. Section 8. In the event any provision hereof is held invalid, the remainder shall not be affected thereby, it being the intent of this resolution to cooperate in the development and administration of the Complex or Complexes to the fullest extent permitted by law. It was moved by Zuber and seconded by Erdahl the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER _ _X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 17th day of July , 1984. L2 OR ATTEST: CIT 'CLERK Received A Approved By The Legal De arhioni 'tki� bol /3G141- n RESOLUTION NO. 84-203 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ALL AGREEMENTS BETWEEN THE CITY OF IOWA CITY AND AGENCIES LEASING SPACE AT THE SENIOR CENTER ON A REGULAR, PART-TIME BASIS. WHEREAS, the City of Iowa City is operating a senior center for the benefit of elderly residents of Johnson County; and WHEREAS, agencies such as Community and Home Health Services Agency, Widowed Persons Service, and the Department of Human Services offer services which benefit the elderly; and WHEREAS, the Senior Center Commission continually reviews and approves space applications from such agencies serving the elderly for use of space at the center on a regular, part-time basis. A form contract, as attached hereto and incorporated by this reference, is used for the lease of space to such agencies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, that the City Manager is hereby authorized to execute all lease of space agreements between the City of Iowa City and any agencies offering services to the elderly at the Senior Center on a regular, part-time basis. It was moved by Erdahl and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X X X X ABSENT: Ambrisco X Baker Dickson Erdahl McDonald Strait Zuber Passed and approved this 17th day of Julv 1984. ATTEST: �h , ... 7 r� 7 d z ✓ CITY- CLERK Rncalvnd & Approved IAV Vin L0961 DePnrhriont /3�0G LEASE OF SPACE AT SENIOR CENTER THIS AGREEMENT, made and entered into this day of by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City, and hereinafter referred to as Agency, whose address for thee purpo�s' agreement is WHEREAS, the Agency has applied for the use of space at the Iowa City Senior Citizens Center on a scheduled, intermittent basis, and WHEREAS, the Agency's application has been approved by the Senior Center Commission as having met the criteria for use of space as provided in Section 3.34 in the Senior Center Operational Handbook. NOW, THEREFORE,.BE IT AGREED BY AND BETWEEN THE CITY AND AGENCY AS FOLLOWS: 1. The City agrees to provide space to the Agency in the (room) on the (floor) of the Iowa City Senior Citizens Center between the hours of and on (days). 2. The term of this agreement shall be from to However, this agreement may be terminated upon 30 days written notice by either party hereto. 3. The Agency agrees to provide services or activities which benefit the elderly and to meet the program guidelines as defined in Sections 3.31 and 3.32 of the.Senior Center Operational Handbook. 4. The lease of space as provided herein is for the mutual benefit of the City and the Agency. S. The Agency agrees to cooperate in data collection by filing with the Senior Center staff a monthly report which shall include: a) Monthly total of service units/activities provided, b) Monthly total of elderly receiving service or participation in scheduled activities. 6. The Agency agrees not to deny its services to any person on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, or physical or mental handicap or disability. 7. This agreement shall not be assigned without written consent of the parties hereto. 8. The Agency agrees to defend, indemnify, and hold harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement, including_ any wrongdoings caused by Agency employees or volunteers, including, but not limited to, injuries to persons or properties served by or coming into contact with the Agency. The Agency agrees that it is not acting as an agent of the City in the performance of the conditions set forth in this agreement. 9. This agreement shall be filed with the City Clerk of the City. FOR THE CITY OF IOWA CITY, IOWA FOR Mayor ATTEST: Title ATTEST: it9 Clerk Name 13640 , 4 P �1V,• OT 9ptate OI 31Ottla STATE CAPITOL BUILONG MARY JANE OOELL *ecretarp of 6tate O[5 MOINES,IA50319 SECRETARY OF STATE 515181'SP 6< irile5 Siloincg July 25, 1984 Marian K. Karr, CMC City Clerk Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Re: 28E Agreements between City of Iowa City and the SEATS Program City of Iowa City and the Iowa City/Johnson County Nutrition Program City of Iowa and the Iowa Gerontology Project Adult Day Program City of Iowa City and the Elderly Services Agency for space at the Senior Center. City of Iowa City and the American Association of Retired Persons Dear Ms. Karr: We have received the above described agreements which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1983 Code of Iowa. You may consider the same filed as of July 25, 1984. Cordially, rn �i/ Owl MARY JANE ODELL Secretary of State MJO/d 1367 9 RESOLUTION NO. 84-204 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT. WHEREAS, the City of Iowa City, Iowa, has negotiated a contract amendment for the Johnson County SEATS Program, a copy of said contract being attached to the Resolution and by this reference made a part hereof, and WHEREAS, Chapter 28E of the Code of Iowa provides that any power exer- cisable by a public agency of the State may be exercised jointly with any other public agency of this State having such power. WHEREAS, the City Council deems it in the public interest to enter into said contract to provide space, furnishings, equipment, utilities and services at the Iowa City Senior Citizens Center for the above-named agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed respectively to execute and to attest the attached 28E agreement with Johnson County SEATS. 2. Upon execution, the City Clerk is directed to file the agreement with the Iowa Secretary of State and the Johnson County Recorder's Office. It was moved by Erdahl and seconded by Ambrisco the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER DICKSON ERDAHL MCDONALD STRAIT �— ZUBER Passed and approved this 17th day of July 1984. r � YOR ATTEST: 2u Qdll CLERK Received & Approved By The legal Do arhtatd m CITY OF IOWA CITY/SEATS AGREEMENT This agreement, made and entered into this 17th day of July 1984, by and between the City of Iowa City, Iowa, a municipal corporation, I hereinafter referred to as CITY, and the SEATS Program, Johnson County, Iowa, hereinafter referred to as the COUNTY. WHEREAS, it is in the mutual interest of the City and County to continue providing transit service to the elderly and handicapped; and WHEREAS, the County, pursuant to its general powers, has an operation of special elderly and handicapped transit service; and WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercisable by a public agency of this State may be exercised jointly with any other public agency of this state having such power; NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY AND COUNTY AS FOLLOWS: I. SCOPE OF SERVICES A. The City agrees to provide space, utilities, furniture, equipment plus parking spaces to the County for the sole purpose of carrying out the Johnson County SEATS program to commence July 1, 1984, and continue until June 30, 1985. FILED Johnson Co., Iowa JUL 0 B 1984 COUfM AUDITOR 1367 Page 2 II. GENERAL TERNS A. The City agrees to provide 352 square feet of office space on the second floor of the Senior Center. Storage space will be provided in the boiler room and parking space for vans will be provided as outlined below: 1. Ten parking permits shall be issued to the SEATS vans for parking in the Civic Center parking lot. 2. SEATS vans may use either the passenger loading zones on Washington and Linn Streets or the north entrance ramp to the Senior Center to pick-up or drop-off passengers. 3. SEATS vans may use the passenger loading zones on Washington and Linn Streets for temporary, not to exceed 30 minutes, parking between trips. Only one van may be parked in each of these spaces at one time. B. The City agrees to provide heating and cooling for the office space at a level deemed appropriate for older persons. C. The City agrees to provide regular janitorial service on a schedule deemed appropriate by the Senior Center staff. D. The City agrees to supply the following furniture: 2 desks, 2 desk chairs, 1 armchair, 2 side chairs. 1367 Page 3 E. The City agrees to make available the services of a xerox machine and print shop at a nominal per copy cost to the County. F. The City agrees to install a central telephone system which the agencies shall use. G. The City agrees to furnish refuse pickup on a regular basis. The City agrees to treat in a confidential manner all participant information that is jointly gathered. The County agrees to provide a transportation service which is consistent with the purpose and goals of the Senior Center. J. The County agrees to pay for the installation of its telephone line(s) and to pay the monthly charges for the line(s). The County agrees to submit an annual report on SEATS service. L. SEATS agrees to submit an annual report of requests they have received for services or activities which are not currently provided in Johnson County. Page 4 M. The County agrees to cooperate in data collection. A monthly report will be filed with the Senior Center staff to include: 1. Monthly total of service units (rides) provided. 2. Monthly total of elderly receiving service (duplicated and unduplicated counts). N. The County agrees to submit a 30 -day written notice when program changed are planned. 0. The County agrees to accept the responsibility of opening, closing H and supervising the building when its staff occupies the office at time the Center is not open to the general public. P. The County, having the only staff occupying the second floor, agrees to accept the responsibility of giving or receiving information from participants using that floor of the Senior Center. q. The County, having the only staff occupying the second floor, agrees to accept the responsibility for assisting Senior Center participants in emergency situations - i.e. medical, fire, tornados. 1347 Page 5 R. The County agrees that no supplies or equipment, whether official or personal, other than those found in ordinary offices shall be brought into its office on the second floor. The boiler room and U Smash Em will be used for supplies directly related to SEATS t vehicles. I S. The County agrees to strongly encourage SEATS personnel to recertify in CPR annually. T. The County agrees that it is not acting as an agent of the City of Iowa City in the performance of the conditions set forth in this agreement. III.INDENNIFICATION The County agrees to defend, indemnify and hold harmless the City, its officers, agents and employees, from and against all liability, loss, costs, or damages resulting from any unlawful acts and/or any and all negligent acts or omissions on the part of the County, or its offi- cers, agents, or employees, in the performance of the conditions set forth in this agreement. /367 Page 6 IV. DISCRIMINATION A. The County shall not permit any of the following practices: 1. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, relig- ion, age, sex, marital status, sexual orientation, or disabil- ity. 2. 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. B. The County shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, or disability. V. INSURANCE The County shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such policy shall be as follows: $300,000 combined single limit to cover bodily injury and property damage. 1367 Page 7 1 The County shall furnish the City with a certificate of such insurance upon request. i The failure of the County to maintain such a policy in full force and effect shall constitute grounds for immediate termination of this agreement and of all rights contained herein. VI. TERMINATION This agreement shall be effective July 1, 1984, and shall terminate June 30, 1985. However, this agreement may otherwise be terminated upon 30 days written notice by either party in the event that there is a material or substantial change in the SEATS program as outlined in the application for space in the Senior Center. VII.ASSIGNMENT A. This agreement may not be assigned without written consent of the parties. B. No space may be reassigned to any other agency or organization. VIII. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, as required by Chapter 28E, Code. 1.367 Page 8 IX. The undersigned do hereby state that this agreement is executed in triplicate as though each were an original, that there are no oral agreement that have not been reduced in writing in this instrument; I and that this agreement constitutes the entire contract. FOR THE CITY: Q N MCDON LD, MAYOR ATTEST: /&/n Taxi CLER % MA IAN KARR, CITY CLERK FOR THE COUNTY: HAROLD DONN lYY, CHAIRMAN BOARD OF SUPERVISORS JOHNSON COUNTY, IOWA ATTE T: U Y AUDITOR By: David L. Elias Deputy 1367 r9 JI City of r 9 . 's. M Date: June 22, 1984 To: Senior Center Tenants From: Senior Center Commission Re: Fiscal Year 1985 Contracts Attached you will find your annual contract for space and service in the Iowa City/Johnson County Senior Center. Now that the Center has been open for almost three years, we are all aware of what realistically can be expected of each other in a landlord -tenant relationship. Thus, minor changes in the contracts have been made which reflect actual practices. Please contact Bette Meisel - 356-5225 - if you have any questions regarding your contract. We would appreciate receiving your signed copies by June 27 so that they can be placed on the July 3 City Council agenda. A completed document will be returned to you that week. bj5/18 FILED Johnson Co., Iowa JUL 0 61984 COPNTY AUDITOR CITY OF IOWA CITY CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319)356-500C) Mary Jane Odell Secretary of State Iowa State Capitol Building Des Moines, IA 50319 Dear Ms. Odell: Enclosed are the following: 1. A 28E Agreement entered into between the City of Iowa City and the SEATS Program, Johnson County, Iowa, for space at the Senior Center for the SEATS Program; 2. A 28E Agreement entered into between the City of Iowa City and the Iowa City/Johnson County Nutrition Program for space at the Senior Center for the Nutrition Program; 3. A 28E Agreement entered into between the City of Iowa City and the Iowa Gerontology Project Adult Day Program of Johnson County, Iowa, for space at the Senior Center for the Gerontology Project Adult Day Program; 4. A 28E Agreement entered into between the City of Iowa City and the Elderly Services Agency of Johnson County, Iowa, for space at the Senior Center; and 5. A 28E Agreement entered into between the City of Iowa City and the American Association of Retired Persons Chapter 1816 of Johnson County, Iowa, for space at the Senior Center. Attached are the originally executed Resolutions authorizing the Agreements, with the originally executed Agreements. These documents have been recorded with the Johnson County Recorder. Yours very truly, Marian K. Karr, (MC City Clerk MKK/mk enc. 1.367 ,L. RESOLUTION NO. 84-205 RESOLUTION AU,...,RIZING THE 14AYOR TO EXECUTE A. THE CITY CLERK TO ATTEST A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY/JOHNSON COUNTY NUTRITION PROGRAM FOR THE PROVISION OF SPACE, FURNISHINGS, EQUIPMENT, UTILITIES AND SERVICE AT THE IOWA CITY SENIOR CITIZENS CENTER FOR THE IOWA CITY/JOHNSON COUNTY NUTRITION PROGRAM. WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with the Iowa City/Johnson County Nutrition Program, a copy of said contract being attached to the Resolution and by this reference made a part hereof; and WHEREAS, it is in the mutual interest of the City of Iowa City and Johnson County to provide nutritional meals to elderly citizens in the Iowa City/Johnson County, Iowa, area; and WHEREAS, the City Council deems it in the public interest to enter into said contract to provide space, furnishings, equipment, utilities and services and the Iowa City Senior Citizens Center through the above-named agency; and WHEREAS, Chapter 28E of the Code of Iowa provides that any power 0 exercisable by a public agency of the State may be exercised jointly with any other public agency of this State having such power. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor is authorized to execute and the City Clerk to attest the 28E agreement between the City of Iowa City and the Iowa City/Johnson County Nutrition Program for the provision of space, furnishings, equipment, utilities and service at the Iowa City Senior Citizens Center for the Iowa City/Johnson County Nutrition Program. 2. Upon execution, the City Clerk is directed to file the agreement with the Iowa Secretary of State and the Johnson County Recorder's Office. It was moved by Erdalil and seconded by Ambrisco the Resole - tion be adopted, and upon F577—call there were: i AYES: NAYS: ABSENT: X A14BRISCO X BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 17th day of July , 1984. YOR 9 ATTEST: Received & Approved Byr Tlie Legal Deperimont 1.5/,( IOWA CITY/JOHNSON COUNTY NUTRITION PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this 17th day of July 1984, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City and the Iowa City/Johnson County Nutrition Program, hereinafter referred to as County. WHEREAS, the County has entered into an agreement with Heritage Area AGency on Aging to provide the elderly citizens of the Iowa City/Johnson County area with nutritional meals as part of the Title III - the Federal and State nutrition program, which is known as the Iowa City/Johnson County Nutrition Program; and WHEREAS, it is in the mutual interest of the City and County to continue providing nutritional meals to elderly citizens in the Iowa City/Johnson County, Iowa, area; and WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercisable by a public agency of this State may be exercised jointly with any other public agency of this state having such power; NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY AND THE COUNTY AS FOLLOWS: FILED Johnson Co,, Iowa JUL 0 61984 COUNTY AUDITOR 136F Page 2 I. SCOPE OF SERVICES The City agrees to provide space, utilities, furniture and equipment in the Senior Center to the County for the purpose of carrying out the Iowa City/Johnson County Nutrition Program, which program in turn is being carried out pursuant to an agreement between the Heritage f Area Agency on Aging and the County effective October 1, 1980, and filed with the County Auditor. II. GENERAL TERMS A. The City agrees to provide 3692 square feet of space on the first floor of the Senior Center to the County which includes: staff bathroom, kitchen, assembly room and office, and loading dock for the provision of a nutrition program. The City agrees to provide such space to the County commencing on July 1, 1984. 1. The kitchen will be available to the County for their use from 7:00 a.m. to 2:00 p.m. seven days a week. The County may schedule the kitchen for additional time by complying with the Senior Center scheduling procedures. 2. The assembly/dining room will be available to the County for their use from 11:00 a.m, to 1:30 p.m. seven days a week. The County may schedule the assembly/dining room for addi- tional time by complying with the Senior Center scheduling procedures. 134V Page 3 3. The nutrition director's office will be available to the County for their use on a full-time basis seven days a week. B. The City agrees to provide utilities for this space including gas, electricity and water. C. The City agrees to provide janitorial services when the assembly room is used for programs other than the Iowa City/Johnson County j ` Nutrition Program and to return the room to the standard set up Ik for congregate meals as determined by the County. D. Appendix A lists the furniture and equipment available for use by the Congregate Meals program in its initial operation. Should this agreement terminate for any reason, the furniture and equipment then in use in the program will be divided between the City and the County pro -rata according to their respective expenditures for acquisition of such furniture and equipment; provided, however, that no fixture shall be removed from the Senior Center. E. The City agrees to make available the services of a copying machine and the City print shop at a nominal per copy cost. F. The City agrees to install a central telephone system which the County shall use. G. The City agrees to furnish refuse pickup on a regular basis. Page 4 H. The City agrees to treat in a confidential manner all participant information that is jointly gathered. I. The County agrees to provide service and activities which are t consistent with the purpose and goals of the Senior Center, such services to include, but not be limited to: 1. Congregate Meals: To provide a balanced nutrition meal at least once per day, seven days per week. 2. Home -delivered Meals: To provide a balanced nutritional meal at least once per day, 5 days per week to the homebound. J. The County agrees that County employees shall clean the kitchen and assembly room when used for Congregate Meals such as to leave the area in a clean and sanitary condition. K. The County agrees to bag, deposit and/or remove promptly all garbage and/or refuse generated by Congregate Meals and coordi- nate such programs with the Director of the Congregate Meals program. M. The Director of the Congregate Meals Program will be responsible for the management and supervision of the kitchen. 13 �r Page 5 N. The County agrees when such supervision is required it will provide an employee to supervise any use of the kitchen by any one other than Congregate Meals staff at a charge to the user group commensurate with the type of service or supervision needed. 0. The County agrees to pay for the installation of their telephone line(s) and to pay the monthly charge for the line(s). P. The County agrees to submit an annual report on the Nutrition Program, Q. The County agrees to submit an annual report of requests they have received for services or activities which are not currently provided in Iowa City. R. The County agrees to cooperate in data collection. A monthly report will be filed with Senior Center staff to include: i1. Monthly totals of service units provided. i 2. When requested to submit monthly totals of elderly receiving service (duplicated and unduplicated counts). S. The County agrees to file with Senior Center staff a 30 day written notice when program changes are planned. Isa Page 6 T. The County agrees to accept the responsibility of opening, closing and supervising the building when a Congregate Meal activity occurs at a time the Center is not open to the general public. U. The County agrees that it is not acting as an agent of the City j in the performance of the conditions set forth in this agreement. V. The County agrees that it will apply for and actively seek from all Federal and State sources the funding for the maintenance and/or replacement of kitchen equipment. however, the cost of such maintenance and/or replacement may be included in the annual operating budget for the Senior Center. W. The County will reimburse the City for the repair or replacement of any furniture, fixture, appliance or other object when it is determined that such repair or replacement is necessitated by the lack of care or negligence of the County. X. On or before November 1 of each calendar year it shall be the i responsibility of the Nutrition Program to prepare a report which clearly describes the condition of all equipment and facilities in the kitchen and assembly room used by the Program for the purpose of determining budgetary need for the following fiscal year and complying with applicable Federal and State require- ments. 13�f Page 7 IV. INDEMNIFICATION The County agrees to defend, indemnify and hold harmless the City, its officers, agents and employees, from and against all liability, loss, damages, expenses, or costs resulting from any unlawful acts E and/or any and all negligent acts or omissions on the part of the County in the performance of the conditions set forth in this {� agreement. The County further agrees to defend the City against any f and all suits filed alleging personal injury, sickness, or disease arising out of the consumption, preparation or distribution of the food served at the congregate meals. V. ASSIGNMENT A. This agreement may not be assigned without written consent of the i parties. B. No space may be rebate to any other agency or organization. VI. DISCRIMINATION A. The County shall not permit any of the following practices: 1. 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. /34or Page B p. 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. B. The County shall not deny to any person its services on the basis national origin, religion, marital of race, creed, color, sex, status, sexual orientation, or disability. VII. INSURANCE A. The County shall maintain in full force and effect comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such policy shall be as follows: $300,000 combined single limit to cover bodily injury and property damage. The County shall furnish the City with a certificate of such insurance upon request. The failure of the County to maintain such a Policy in full force and effect shall constitute immediate termination of the agree- ment and of all rights contained herein. ISO Page 9 VIII. PRIOR AGREEMENT. The parties hereto agree that this agreement supercedes the prior agreement executed by the parties hereto on November 24, 1981, and that upon the execution of this agreement said prior agreement is terminated. IX. TERMINATION The terms of this agreement shall commence on July 1, 1984, for a period of one year and shall be renewed automatically for succeeding terms of one year unless the "Agreement for Senior Center Operation" entered into by the City and the County is terminated, in which case this agreement shall terminate at the same time that said opera- tional agreement is terminated. This agreement may otherwise be terminated upon 30 days written notice by either party in the event that there is a material or substantial change in the Iowa City/Johnson County Nutrition Program as described in the application for space in the Senior Center. X. The County shall ensure that the program complies with all applicable Federal, State and local laws, rules and regulations. XI. This agreement shall be filed with the Secretary of the STate of Iowa and the County Recorder of Johnson County, Iowa, as required by Chapter 28E, Code. /3Ga Page 10 XII. The undersigned do hereby state that this agreement is executed in triplicate as though each were an original, that there are no oral agreements that have not been reduced in writing in this instrument; and that this agreement constitutes the entire contract. FOR THE CITY: Lcu MCDON L MAYOR ATTEST: A IAN KARR, CITY CLERK State of Iowa FOR THE COUNT`YY: MOLD DOLLY, CHAImq R. BOARD OF SUPERVISORS JOHNSON COUNTY, IOWA ATTE JO NSON UDITOR BY: Dave Elias, Deputy ) SS: Johnson County ) On this day of 19 before me, the under- signed, a tiotary Publi i4an for said County, in said State, personally appeared Harold M. Donnelnd Dave Elias, to me personally known, who being by me duly sworn, did say that they are the Chairman of the Board of Supervisors and Deputy Auditor for said County, respectively, of said muniicpal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its Board of Supervisors; and that the said Harold M. Damelly and Dave Elias as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. I'W 11 RESOLUTION NO. 84-206 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA GERONTOLOGY PROJECT ADULT DAY PROGRAM FOR THE LEASE OF SPACE AT THE IOWA CITY SENIOR CENTER. WHEREAS, the City of Iowa City is operating a Senior Center for the benefit of elderly residents of Johnson County; and WHEREAS, the Iowa Gerontology Project Adult Day Program of Johnson County, Iowa, is a University sponsored community service whose goals include: the maintenance and development of its clients' independence, and the reduction of its clients' inactivity; and WHEREAS, it is in the mutual interest of the City of Iowa City and the Iowa Gerontology Project Adult Day Program to meet such goals at the Senior Center; and WHEREAS, the City of Iowa City and the Iowa Gerontology Project Adult Day Program have negotiated at 28E agreement for the lease of space at the Iowa City Senior Center. 614, lhEKciuKt, ut 1T KESULVEU BY THE CITY COUNCIL OF IOWA CITY, THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest the attached 28E agreement between the City of Iowa City and Iowa Gerontology Project Adult Day Program for the lease of space at the Iowa City Senior Center. 2. Upon execution, the City Clerk is directed to file the agreement with the Iowa Secretary of State and the Johnson County Recorder's Office. It was moved by Erdahl and seconded by Ambrisco the Resolu- tion be adopted, an -upon call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER _X_ DICKSON �— —_ ERDAHL -� MCDONALD X STRAIT -� ZUBER , Passed and approved this 17th day of ,lulu J,ny1984. YOR ATTEST: Received & Approved %170�.�.,.> he Leg Departm nt CIT CLERK 136 9 CITY OF IOWA CITY/IOWA GERONTOLOGY PROJECT ADULT DAY PROGRAM AGREEMENT This Agreement, made and entered into this 17th day of July 1984, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the City, and the Iowa Gerontoloy Project Adult Day Program of Johnson County, Iowa, hereinafter referred to as ADP, whereas, ADP is a University sponsored community service whose goals are: to maintain and develop the clients' independence; to improve the clients' mental and physical functioning; to reduce the clients' inactivity; and to reduce the clients'isolation; and whereas, it is in the mutual interest of the City and ADP to attempt to met such goals at the Senior Center;and whereas, Chapter 28E of the Code of Iowa provides that any power exercisable by a public agency of the State may be exercised jointly with any other public agency of this State having such power; Now, therefore, be it agreed by and between the City and ADP as follows: I. Scope of Services A. The City agrees to provide space, furnishings, janitorial serv- ices, utilities, and use of specific equipment and services as set ! forth below. II. General Terms A. The City agrees to provide suitable classroom space on the 2nd floor of the Senior Center to ADP for the provision of a day program for the elderly. This space will be available for use by /369 Page 2 the program on July 1, 1984 and continue until June 30, 1985, at which time the Senior Center Commission will re-evaluate the success of the program using this space. B. The City agrees to provide heating and cooling for these spaces at a level deemed appropriate for older persons. C. The City agrees to provide regular janitorial service on a schedule deemed appropriate by the Senior Center staff. D. The City agrees to make available the services of the Senior Center secretary or the phone answering device to accept calls to the program on a limited basis. E. The City agrees to treat in a confidential manner all participant information that is jointly gathered. F. ADP agrees to provide services and activities which are consistent with the purpose and goals of the Senior Center, such services to include, but not be limited to, health education, group counsel- ing, social group activities, exercise and movement therapy. G. ADP agrees to submit an annual report on services performed by the agency. H. ADP agrees to submit an annual report of requests they have received for services or activities which are not currently provided in Iowa City. Page 3 I. ADP agrees to cooperate in data collection. A monthly report will be filed with the Senior Center staff to include: 1. Monthly total of service units/activities provided. 2. Monthly total of elderly receiving service or participation in scheduled activities (duplicated and unduplicated). J. ADP agrees to submit a 30 day written notice when program changes are planned. K. ADP agrees that it shall be responsible for the supervision of ADP clients while they are participants in the Adult Day Program at the Senior Center. L. ADP agrees to furnish all furniture and equipment needed for staff and participants' use of this space. M. ADP agrees to pay for the installation and monthly cost of a phone if it requests one. III.Responsibility A. ADP assumes responsibility and agrees to pay for any and all i claims for personal injury or property damage incurred by reason of the negligence of ADP, the University, or its employees arising from the activities conducted under this agreement to the full 139 Page 4 extent permitted by Chapter 25A, Code of Iowa, 1981, which is the exclusive remedy for the processing of tort claims against the State of Iowa. B. ADP assumes financial responsibility for the maintenance of the present program including staff, supplies, transportation, phone and food. C. ADP assumes financial responsibility for the continuance of this program. IV. Discrimination ADP agrees not to deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation or disability. V. Assignment A. This agreement may not be assigned without written consent of the parties. B. No space may be reassigned to any other agency or organization. C. The parties understand that the City of Iowa City does not directly provide service and that this agreement is solely for the purpose of assigning space in the Senior Center facility for the University of Iowa to operate the ADP program. /.36 9 Page 5 VI. Termination This agreement shall become effective July 1, 1984 and shall terminate June 30, 1985. However, this agreement may otherwise be terminated upon 30 days written notice by either party. VII. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, as required by Chapter 28E, Code. VIII. The undersigned do hereby state that this agreement is executed in triplicate as though each were an original, that there are no oral agreements that have not been reduced in writing in the instrument, and that this agreement constitutes the entire contract. FOR THE CITY OF IOWA CITY, IOWA: #�� HNNALD, MAYOR ATTEST: -/J MARrAN KARR, CITY CLERK APPved i�eodved 8 rO �y a Wei Depar"Mnl G FOR ADP OF JOHNSON COUNTY, IOWA TH IVERSITY OF IOWA RAY W MOSSMAN BUSINESS MANAGER & I [E ­ ATTEST: (/,%q,/&A &f� jtl- /3(09 RESOLUTION NO. 84-207 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT. WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with the Elderly Services Agency, a copy of said contract being attached to the Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract to provide space, furnishings, equipment, utilities and services at the Iowa City Senior Citizens Center for the above-named agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed respectively to execute and to attest the agreement with the Elderly Services Agency. It was moved by Erdahl and seconded by Ambrisco the Resolu- tion be adopted, and upon roTl call there were: AYES: NAYS: ABSENT: X AMBRISCO x BAKER X _ DICKSON ERDAHL - X MCDONALD X STRAIT X ZUBER Passed and approved this 17thday of July , 1984. OR ATTEST: CITY CLERK Received & Approved By the Legal Doputment 1374 CITY OF IOWA CITY/ELDERLY SERVICES AGENCY LEASE AGREEMENT -'F THIS AGREEMENT, made and entered into this r_ day of�-:1_ r 1984, by and between the City of Iowa City, Iowa, a municipal corporation, herein- after referred to as the City and the Elderly Services Agency of Johnson County, Iowa, hereinafter referred to as ESA. WHEREAS, ESA is a non-profit corporation whose goal is to provide services to the elderly; and WHEREAS, it is in the mutual interest of the City and ESA to attempt to meet this goal at the Senior Center; and I, WHEREAS, Resolution No. 78-142 establishes the City's intent to develop and manage a multi-purpose Senior Center. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY AND ESA AS FOLLOWS: I. SCOPE O�ICES The City agrees to provide space, furnishings, janitorial services, utilities, parking space and use of specific equipment and services as set forth below. 1076 2 II. GENERAL TERMS A. The City agrees to provide 705 square feet of space on the ground floor of the southwest corner of the Senior Center to ESA for its use in the provision of services to the elderly of Johnson County to commence on July 1, 1984, and to continue until June 30, 1985. B. The City agrees to provide storage for chore equipment in the building known as "U -Smash -'Em" located at 126 South Gilbert Street in Iowa City, Iowa. i C. The City agrees to provide heating and cooling for the agency's office space at a level deemed appropriate for older persons. D. The City agrees to provide regular janitorial service on a schedule deemed appropriate by the Senior Center staff. E. The City agrees to supply the following furniture: four desks, one desk return, three desk chairs, one secretarial chair, two files, four side chairs. F. The City agrees to make available the services of a xerox machine and print shop at a nominal per copy cost to ESA. G. The City agrees to install a central telephone system which the agency shall use. ESA agrees to pay for the installation of their telephone line(s) and to pay the monthly charge for the line(s). /3 %D 3 H. The City agrees to furnish refuse pickup on a regular basis. I. The City agrees to treat in a confidential manner all participant information that is jointly gathered. J. ESA agrees to provide services which are consistent with the purpose and goals of the Senior Center as delineated in the Senior Center operational handbook, such services to include, but not be limited to information and referral, outreach, advocacy, and chore service. K. ESA agrees to submit an annual report on services performed by the agency. L. ESA agrees to submit an annual report of requests they have received for services or activities which are not currently provided in Iowa city. M. ESA agrees to cooperate in the Senior Center data collection. A monthly report will be filed with the staff to include: 1. Monthly total of service units/activities provided. 2. Monthly total of elderly receiving service (duplicated and unduplicated). /3 70 4 N. ESA agrees to inform the City at least 30 days in advance when program changes are planned. 0. ESA agrees to accept the responsibility of opening, closing and supervising the building when its staff occupies the offices at a time when the Center is not open to the general public, and at such times, ESA is not responsible for opening the building to the general public. ESA agrees to defend, indemnify, and hold harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agree- ment, including any wrongdoings caused by the ESA staff or volunteers, including but not limited to, injuries to persons or properties served by or coming into contact with ESA. ESA agrees that it is not acting as an agent of the City in the performance of the conditions set forth in this agreement. IV. DISCRIMINATION A. ESA shall not permit any of the following practices: 1. 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. 1374 5 2. 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. t B. ESA shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation or disability. V. INSURANCE A. ESA shall maintain in full force and effect a comprehensive liabil- ity insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: to cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the ESA to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. 1376 0 ESA further agrees that each agent, employee and volunteer acting for or on behalf of the ESA will carry personal auto liability coverage with a minimum amount. Copies of said policies are to be furnished to the City upon request. VI. ASSIGNMENT A. This agreement may not be assigned without written consent of the parties. B. No space may be reassigned to any other agency or organization. VII. TERMINATION This agreement shall become effective July 1, 1984, and shall terminate June 30, 1985. However, this agreement may otherwise be terminated upon 30 days written notice by either party in the event that there is a material or substantial change in the ESR program as described in the i application for space in the Senior Center, or in the event of a material or substantial breach by the City of its obligation to provide services and space as specified under this agreement. VIII. This agreement shall be filed with the City Clerk of Iowa City. 1,370 7 IX. The undersigned do hereby state that this agreement is executed in triplicate, as though each were an original, but there are no oral agreements that have not been reduced in writing in the instrument; and that this agreement constitutes the entire contract. FOR THE CITY OF IOWA CITY, IOWA: Jo McDonald, ayor ATTEST: 6 A!/1/J ' �' .. / Z4M an K. Karr, City Clerk ilbcelvod A Appt6vsd 7M Wal rhr�efl) 6zz89.-- i FOR ESA OF JOHNSON COUNTY: T t f ATTEST: -�� . %Q - Name r ^ �` 0.j Title /37d RESOLUTION NO. X08 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT. WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with the American Association of Retired Persons, a copy of said contract being attached to the Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract to provide space, furnishings, equipment, utilities and services at the Iowa City Senior Citizens Center for the above-named agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed respectively to execute and to attest the agreement with the American Association of Retired Persons. It was moved by Erdahl and seconded by Ambrisco the Reso- lution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X A14BRISCO X BAKER X DICKSON X ERDAHL X MCDONALD �- STRAIT X ZUBER Passed and approved this 17tliday of July 1984. AYOR ATTEST: ]��� r„Jz�J CIT CLERuK liecrhmd 3 Approved '21 Tho Iegxl Depnrlment ti av 1371 CITY OF IOWA CITY/AMERICAN ASSOCIATION OF RETIRED PERSONS AGREEMENT THIS AGREEMENT, made and entered into this1 % day of .1Wt a 1984, by and between the City of Iowa City, Iowa, a municipal corporation, herein- after referred to as the City and the American Association of Retired Persons Chapter 1816 of Johnson County, Iowa, hereinafter referred to as AARP. WHEREAS, AARP is a non-profit corporation whose goals are to make the lives of older people more pleasant, to help older people keep control of their lives as long as possible, and to identify and seek solutions to problems not being otherwise addressed; and WHEREAS, it is in the mutual interest of the City and AARP to attempt to meet such goals at the Senior Center; and WHEREAS, Resolution No. 78-142 establishing the City's intent to develop and i manage a multi-purpose Senior Center specifically recognizes that "...Service agencies are resources that might be involved in the projects and services of a multi-purpose program." NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY AND AARP AS FOLLOWS: I. SCOPE OF SERVICES The City agrees to provide space, furnishings, janitorial services, utilities, and use of specific equipment and services as set forth below. 1.371 z II. GENERAL TERMS A. The City agrees to provide 168 square feet of space on the ground floor of the Senior Center to AARP for its use in the provision of i l education and community services to the elderly, to commence on July { 1, 1984, and to continue until June 30, 1985. B. The City agrees to provide heating and cooling for this space at a level deemed appropriate for older persons. C. The City agrees to provide regular janitorial service on a schedule deemed appropriate by the Senior Center staff. D. The City agrees to supply the following furniture: one desk, one desk chair, two side chairs. E. The City agrees to make available the services of a xerox machine and print shop at a nominal per copy cost to AARP. F. The City agrees to install a central telephone system which the agency shall use. G. The City agrees to make available the services of the Senior Center secretary or the phone answering device to accept calls to the organization on a limited basis when no staff is present in the office. 1371 3 H. The City agrees to furnish refuse pickup on a regular basis. I. The City agrees to treat in a confidential manner all participant information that is jointly gathered. J. AARP agrees to provide services and activities which are consistent with the purpose and goals of the Senior Center, such services to include, but not be limited to, tax aid, rent reimbursement informa- tion, property tax credit information, peer counseling, medicare and medigap assistance, volunteer training, driving education and Institute of Lifetime Learning. K. AARP agrees to staff their office with volunteers a minimum of 30 hours per week. L. AARP agrees to pay for the installation of their telephone line(s) and to pay the monthly charge for the line(s). M. AARP agrees to submit an annual report on services performed by the agency. N. AARP agrees to submit an annual report of requests for services or activities they have received which are not currently provided in Iowa City. 1371 ,. 4 0. AARP agrees to cooperate in data collection. A monthly report will be filed with the staff to include: 1. Monthly total of service units/activities provided. 2. Monthly total of elderly receiving service or participation in scheduled activities (duplicated and unduplicated counts). P. AARP agrees to submit a 30 day written notice when program changes are planned. 0. AARP agrees to accept the responsibility of opening, closing or supervising the building when an AARP activity or service occurs at a time the Center is not open to the general public. III. INDEMNIFICATION AARP agrees to defend, indemnify, and hold harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agree- ment, including any wrongdoings caused by the AARP volunteers, including but not limited to, injuries to persons or properties served by or coming into contact with AARP. AARP agrees that it is not acting as an agent of the City of Iowa City in the performance of the conditions set forth in this agreement. 5 IV. DISCRIMINATION AARP agrees not to deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual f orientation or disability. f V. INSURANCE A. AARP shall maintain in full force and effect a comprehensive liabil- ity insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: to cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. AARP shall furnish the j City with a certificate of such insurance upon request. The failure of the AARP to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. VI. ASSIGNMENT A. This agreement may not be assigned without written consent of the parties. B. No space may be reassigned to any other agency or organization. 1,371 6 VII. TERMINATION This agreement shall become effective July 1, 1984, and shall terminate i June 30, 1985. However, this agreement may otherwise be terminated upon i 30 days written notice by either party in the event that there is a material or substantial change in the AARP program as outlined in the japplication for space in the Senior Center. VIII. This agreement shall be filed with the City Clerk of Iowa City. IX. The undersigned do hereby state that this agreement is executed in triplicate, as though each were an original, that there are no oral agreements that have not been reduced in writing in the instrument; and that this agreement constitutes the entire contract. FOR THE CITY OF IOWA CITY, IOWA: FOORRJ AARP OF JOHNSON COUNTY: /dAhn McDonald, Mayor Name Title ATTEST: Mar an K. Karr, City Clerk Roeelved E Approved By �ThAe- Department! Legal Depae _XML 6 LI 4- ATTEST: Name �A itie /Z7/ RESOLUTION NO. 84-209 RESOLUTION APPROVING SIGNAGE AND LANDSCAPING PLANS FOR URBAN RENEWAL PARCEL 64-1b (HOTEL) WHEREAS, the City council of the City of Iowa City, Iowa, by Resolution 83-394 approved preliminary design plans for Urban Renewal Parcel 64-1b (Hotel) subject to the City review and approval of signage, landscaping plans, and walkway designs for the site; and WHEREAS, said plans have been reviewed by the Design Review Committee and which recommends approval of the plans contained in the attachments to this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the signage, landscaping, and walkway plans for Urban Renewal Parcel 64-1b submitted by Dr. Harry A. Johnson, Jr., doing business as Mid -City Hotel Associates - Iowa City, are hereby approved subject to the conditions and reservations set forth in Attachment A (signage plans); Attachment B (landscaping plans); and Attachment C (walkway plans). It was moved by Ambrisco and seconded by Zuber the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: xAmbrisco x Baker x Dickson x Erdahl —� McDonald ---�— Strait —7� Zuber Passed and approved this 17th day of July 1984. ATTEST: Received A Approved BY Th2 _, ! r — :mtmenl 137-7- ATTACHMENT A --HOTEL SIGNS Building fascia sign #I: Northeast Elevation 1 7-7 0 ------------ _FT' 137.2 _FT' 137.2 ATTACHMENT A --HOTEL SIGNS Building fascia sign #2: Southwest Elevation 02:0 J0 t 137-7- ATTACHMENT A --HOTEL SIGNS i' Building fascia sign N3: South Entrance r Building fascia sign N4: Northeast Corner Entrance No graphics provided. The sign, 3'x2', will be constructed of aluminum with a brown background and tan lettering reading "Nautilus Health Spa" scripted in the corporate lettering style. Placement will be at street level height next to the entrace doorway. 137,2- it.-. ------- ----_._-_._._ ___.--- ------- . Building fascia sign N4: Northeast Corner Entrance No graphics provided. The sign, 3'x2', will be constructed of aluminum with a brown background and tan lettering reading "Nautilus Health Spa" scripted in the corporate lettering style. Placement will be at street level height next to the entrace doorway. 137,2- ArTACHNENT B --HOTEL LANDSCAPING PLANS FD III ST �( � GOMMaN hu`ME �GonIiCAV IME sizE I to 1L, *11 ' ATTACHMENT B -- HOTEL LANDSCAPING Hotel parcel, north side /0 7.z- ATTACHMENT B --HOTEL LANDSCAPING PLANS Hotel parcel, south side PWN4, TILE To WATw P�� :PNM(, IA" 'I • T �J 193.a' 93S I � 7GnH ez"eI TC ZhIGFAM HL ' x440 • 9K .. CMCK Subject to revision to include City of Iowa City kiosk (for electrical service to Governor Lucas Square) on southwest corner landscaping plan. 137.7. ATTACHMENT C --HOTEL WALKWAYS A. Interior Walkway /.,I /U- ATTACHMENT C --HOTEL WALKWAYS B. Exterior Walkway Name changed to Dubuque Walk ; 37Z ''City of Iowa City MEMORANDUM Date: July 13, 1984 To: City Council From: Andrea Hauer o Re: Approval of Hotel Landscaping, Signage and Walkway Design Plans Included in the agenda for the July 17 meeting is a resolution for the approval of landscaping, signage, and walkway design plans for the hotel. These plans have been reviewed and recommended for Council approval by the Hotel Steering Committee and the Design Review Committee. Copies of these plans are attached to the resolution. Signage Attached is a brochure from a Holiday Inn located in Dallas, Texas. The developer has proposed facia signs for the hotel comparable to that shown on the cover of this brochure; the Holiday Inn script would be a white, enclosed neon with the yellow and orange starburst symbol above the script. The Design Review Committee and Hotel Steering Committee have recommended approval of the following sign package: 1. Four building facia signs A. Two elevated signs reading "Holiday Inn" in white script with the starburst trademark. A'27 foot long sign would be erected on the seventh floor northeast wall and a 22 foot long sign would be erected on the seventh floor southwest wall. B. Two signs for the bar and restaurant operations would be placed on the first floor south entrance to the hotel. (For zoning pur- poses, these two signs are considered as one sign.) C. One 36 inch by 24 inch sign with a brown background and tan lettering for the Ilautilus Health Club which would be placed on the northeast corner, first floor entrance of the hotel. The Board of Adjustment approved placement of up to four facia signs on the hotel and thus the signage package, as proposed above, would meet sign regulations. 2. Two off -premises signs A. One facia sign would be attached to the west entrance of the Dubuque St. Parking Ramp. The script reading "Hotel Parking" and starburst trademark are on a Holiday Inn green background. The size is approximately 5 feet long. 13,z2- B. A freestanding right-of-way sign is proposed for placement between the parking ramp and the sidewalk on the northeast corner of the Burlington and Dubuque Street intersection. The sign would be 5 feet tall with a Holiday Inn green background with the word "Entrance" and the starburst on both sides of the sign. Some concern has been expressed over whether this sign would present a safety hazard. Placement of this sign would be subject to approval by the City's Traffic Engineer. Also, an agreement would have to be executed between the developer and the City for use of the public right-of-way; this agreement will be included in the resolution. A copy of it will be available at Monday's informal meeting. Landscaping Landscaping plans for (1) the area of the hotel between the City Plaza and the hotel north property line, (2) the southwest corner of the hotel parcel (next to the picnic area of the College Block Building) and (3) the small planter located in the hotel drive -up area are contained in Attach- ment B of the resolution. The landscaping plans will be revised to reflect the permanent location of the City kiosk on the southwest corner. This kiosk is necessary for the operation of the fountain and lights in the Governor Lucas Square. Walkway Plans The developer has submitted plans for the interior and exterior walkways of the hotel. The interior walkway is approximately 25 feet wide with a ceiling height of 18 feet. The entrances and exits to and from the walkway are through glass doors (one of which is automatically opening and closing). The floor covering is a brown quarry tile and the wall covering is a peach -tan color. Entrances to the hotel restaurant and lounge operations are dark wood. The exterior walkway, which is 10 feet wide, will be covered with a clear domed material. Lighting is provided and is vandal -proof. Minutes from the meeting approving the recommendation of these plans are included for your information. Also, the City will evaluate the need for safety convex mirrors once the walkway is in operation. If the mirrors are needed, they will be erected. bc5 /,=:� 7a- Sign it I HI.5•N Entrance Sign j -Two models: -Double face pace tal mounted Single face wal mounted • Silk screen poly rbonate faces • Fabricated dark/.bronze aluminum sign cabinet • Mounted on brick pedestal • High output fluorescent Illumination Sign —n deleted from agenda and r_.olution of 7-17-84 because of necessity for public hearing for easement agreement. ATTACHMENT A --HOTEL SIGNS ington St. Dubuque St. Parking "Yv avis --1 ATTACHMENT A --HOTEL SIGNS /,? 7oZ Y ^ Iteir",leted from agenda and reso. _ion of 7-17-84 because of necessity for public hearing HOTEL SIGNS --AGREEMENT A for easement agreement. (for placement of a sign in the City right-of-way) /