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HomeMy WebLinkAbout2008-04-01 Resolution~~~~,, 04-0 -08 5e 1 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138 RESOLUTION NO. 08-75 RESOLUTION SETTING A PUBLIC HEARING ON APRIL 14, 2008, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2008 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 14th day of April, 2008, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this ist day of ATTEST: CI LERK 20 O8 pwe ng\re s12008 pavem entreplcsetph. doc 03108 Resolution No. 08-75 Page 2 It was moved by Champion and seconded by Gorre~ a the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X -~ x x X ~_ X Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalglossary/resolution-ic.doc I~c~ 04-01-08 U 5f(1) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-76 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA FINANCE AUTHORITY, DES MOINES, IOWA FOR PROPERTY LOCATED AT 8, 16, 24, 32, 35, 27, 19, 11 CONEFLOWER COURT, 424 DOUGLASS COURT, 441 DOUGLASS COURT AND 913-913'/Z N GOVERNOR, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owners of the property on October 12, 2007 and recorded on December 28, 2007, in Book 4247, Page 934 through Page 940, in the Johnson County Recorder's Office covering the following described real estate: See Exhibit A WHEREAS, Iowa Finance Authority is refinancing a loan in the amount of $200,000 for 8, 16, 24, 32, 35, 27, 19, 11 CONEFLOWER COURT, 424 DOUGLASS COURT, 441 DOUGLASS COURT AND 913-913'/z N GOVERNOR and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the lien of the proposed mortgage in order to induce Iowa Finance Authority to make such a loan; and WHEREAS, Iowa Finance Authority, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Iowa Finance Authority; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Cterk to attest the subordination agreement between the City of Iowa City and Iowa Finance Authority, Des Moines, Iowa. Passed and approved this 1st day of aprii , 20~~• A roved by `3- T~_~~ ATTEST' '~~~u-,~ ,{~ _ I `CLERK City Attorney's Office Resolution No. 08-76 Page It was moved by .ham~i on and seconded by C'nrrPi a the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Correia X Hayek X O'Donnell ~_ Wilburn x Wright r, ` EXHIBIT A LEGAL DESCRIPTIONS 8, 16, 24, 32, 35, 27, 19,11 Coneflower Court Lots 56, 57, 58, 59, 66, 67, 68, and 69 Whispering Meadows Subdivision Part One, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 31, Page 277, Plat Records of Johnson County, Iowa, subject to easement and restrictions of record. 424 Douglass Court Lot Thirty-Three (33), in Wise Addition to Iowa City, Iowa, according to the recorded plat thereof. 441 Douglass Court Lot Thirty Five (35), in Wise Addition to Iowa City, Iowa, according to the recorded plat thereof. 913-9131/2 N. Governor Lot 7, except the North Five (5) feet, in Bacon's Subdivision of South end of Block 1, Dewey's Additon to Iowa City, Iowa, according to the plat of said subdivision recorded in Book 1, Page 5, Plat Records of Johnson County, Iowa. This property is also described as: Commencing at 5/8-inch iron pin found at the Northeast Corner of Survey, of a part of Lot 49 of the Subdivision of the Southeast Quarter of Section 3, Township 79 North, Range 6 West of the 5th Principal Meridian, the Plat of which is Recorded in Plat Book 4, at Page 49, of the Records of the Johnson County Recorder's Office, and for the purpose of this Legal Description, the south Line of Lot 51 of said Subdivision of the Southeast Quarter of Section 3, township 79 North, Range 6 West, of the 5th Principal Meridian, as Recorded in Plat Book 1, at Page 1 of the Records of the Johnson County Recorder's Offfice, is assumed to bear N 90 degrees 00' 00"W' Thence N 90 degrees 00' 00" W, along the Line of the Existing fence in the accordance with the said Ptat of Survey, 4.07 feet, to a point on the Westerly Line of Lot 7, of Bacon's Subdivison of Block 1 of D.A. Dewey's Addition to the Iowa City, Iowa, in accordance with the Original Plat thereof and the Plat of •Survey by Daniel R. Martin, L.S 10314, Recorded in Plat Book 26, at Page 42 of the Records of Johnson County Recorder's Office, and the Point of Beginning; Thence N 00 degrees 09' 28" E, along the Westerly Line therefor 70.52, to a 5/8 inch iron pin with L.S 10314 Cap found; Thehce N 88 degrees 27' 12" E, 130.06 feet, to a 5/8 inch iron pin with L.S 10314 Cap found on the Easterly Line of Lot 7 of Dewey's Addition to Iowa City, Iowa, in accordance with said Survey: Thence S 28 degrees 23" 06"E, along the Easterly Line of said Lot 7, 88.18 feet, to a 5/8 inch iron pin with L.S 10314 cap found at the Southeast Corner thereof :Thence S89 degrees 41' 23' W, along the South Line of said Lot 7, 172.15 feet, to the Southwest Corner thereof: Thence N 00 degrees 09' 38" E, along the Westerly Line thereof, 4.48 feet, to the Point of Beginning. Said tract of Land Contains 11,572 square feet, more or less and is subject to easements and restrictions of Record and which described Parcel contains the following previously Platted Auditors Parcels: Auditors Parcels "E", and "F" as recorded in Plat Book 32 at Page 210, of the Records of the Johnson County Recorder's Office. 2160-2162 Taylor Drive Lot 294 in Part Five, Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 13, Page 18, Plat Records of Johson County, Iowa. Prepared by and when recorded return to: Mark A. Thompson, Iowa Finance Authority, 2015 Grand Avenue, Des Moines, IA 50312; (515) 725-4937 Legal Description set forth on Exhibit A. SUBORDINATION AGREEMENT WHEREAS, Berry Court Limited Partnership (the "Owner") did execute and deliver to the City of Iowa City ("City") a mortgage. dated October 12, 2007 (the "Subordinate City Mortgage"), in the amount of $320,000.00, encumbering the property described on Exhibit A, attached hereto, such Subordinate City Mortgage being recorded on December 28, 2007 at Book 4247, Pages 934-940 of the Johnson County records; and WHEREAS, the Owner has executed and delivered to the Iowa Finance Authority (the "Authority") a Mortgage and Security Agreement dated as of March , 2008 (as the same may be amended, modified, extended, renewed and/or restated from time to time, the "Senior Mortgage"), in the amount of $200,000.00, and this Senior Mortgage has been or will be recorded in the Office of the Johnson County Recorder; and WHEREAS, City does wish to subordinate the above-described Subordinate City Mortgage in its favor to the above described Senior Mortgage in favor of the Authority; NOW THEREFORE, the City of Iowa City, Iowa, which is the holder of the above-described Subordinate City Mortgage, for itself and its successors and assigns, does hereby subordinate such Subordinate City Mortgage to the above-described Senior Mortgage in favor of the Iowa Finance Authority, the effect of this subordination being to prioritize the respective liens set forth in the documents as if the above-described Subordinate City Mortgage had been filed for record after the above-described Senior Mortgage to the Iowa Finance Authority. City does further agree that: (i) the indebtedness evidenced by the Subordinate City Mortgage is and shall be subordinated in right of payment, to the prior payment in full of the indebtedness evidenced by the Senior Mortgage, and (ii) the City Mortgage and the other documents executed in connection therewith are and shall be subject and subordinate in all respects to the liens, terms, covenants and conditions of the Senior Mortgage and the documents executed in connection therewith. Exhibit A LEGAL DESCRIPTION 424 AND 441 DOUGLASS COURT, IOWA CITY Lots 33 and 35, Wise Addition, Iowa City, Iowa, according to the revised plat thereof recorded in Book 2, Page 150, Plat Records of Johnson County, Iowa. 8, 16 24 32 35 27 19 AND 11 CONEFLOWER COURT, IOWA CITY Lots 56, 57, 58, 59, 66, 67, 68 and 69, Whispering Meadows Subdivision Part One, an addition to the City of Iowa City, Iowa, according to the Plat thereof recorded in Book 31, Page 277, Plat Records of Johnson County, Iowa. 2160-2162 TAYLOR DRIVE, IOWA CITY Lot 294 in Part Five, Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 13, Page 18, Plat Records of Johnson County, Iowa. 913-913'/: N. GOVERNOR STREET, IOWA CITY Lot 7, except the North Five (5) feet, in Bacon's Subdivision of South end of Block 1, Dewey's Addition to Iowa City, Iowa, according to the plat of said subdivision recorded in Book 1, Page 5, Plat Records of Johnson County, Iowa. AP.Q i L DATED this /~ day of i, 2008. CITY OF I WA CITY, IOWA By: Name: ' Title: Mayor Attest: . ~t~ Cit Jerk STATE OF IOWA COUNTY OF-To~NS,o~I :ss. A PQiISF On this 1 ~- day- of Pa~eh, 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared ~. ° 1~ and Marian K. Karr, to me personally known, and, who, being by me duly swot ,did say that they are the Mayor and City Clerk, respectively, of the CITY OF IOWA CITY, IOWA; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. n~-7~O ,the Resolution adopted by the City Council, under Roll Call No. of the City Council on the / ~ day of AP2r~ , 200', and that ~, Ie, and Marian K. Karr acknowledged the execution of the instrument to be the' • voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. S ~~•~ Notary Public in and for said State Approved ey C+ty Attorney's Office ,~'~ SONDRAE FORT i ~ Commission Number 159791 My Commission Expires • Ow 3 3vo 2 fir, ~~ 04-o1-os v 5f(2) Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 08-77 RESOLUTION TO ADOPT AMENDED STANDARD OPERATING PROCEDURES AND GUIDELINES FOR THE IOWA CITY POLICE CITIZENS REVIEW BOARD BY AMENDING SECTION IV AND SECTION VI, ADDING SUBPOENA POWER AND COMMUNITY FORUMS, AND NON-SUBSTANTIVE CHANGES AND FORMATTING ISSUES, AND REPEALING RESOLUTION 04- 308. WHEREAS, Ordinance 97-3792 establishing the Police Citizens Review. Board requires final approval of procedures and guidelines for the Iowa City Police Citizens Review Board; and WHEREAS, a petition pursuant to Article VII of the Home Rule Charter of Iowa City and section 372.11 of the Code of Iowa proposing to amend the City's Home Rule Charter was filed with the City Clerk on August 20, 2001; and WHEREAS, the Iowa Supreme Court ordered that said proposed amendment to the Home Rule Charter be placed on the ballot in Beret et al vs City of Iowa City and Objections Committee, No. 46/06-1382 (Iowa, August 31, 2007); and subsequently was approved by the voters on November 6, 2007; and WHEREAS, on November 2, 2004 the City Council adopted such standard operating procedures and guidelines by Resolution 04-308; and WHEREAS, at their March 11, 2008 meeting the Police Citizens Review Board recommended an addition of subsection C to Section IV, and subsection B to Section VI, to amend the standard operating procedures to include the changes necessitated from the amendments to the Home Rule Charter ,and non-substantive changes and formatting issues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. That Resolution 04-308 is hereby repealed. 2. The Iowa City Police Citizens Review Board standard operating procedures and guidelines dated March 11, 2008 are hereby adopted, as attached. Passed and approved this ~ st day of A~,ril , 20~_. c Y A db ATTEST: ~'(~~~~~;,s.~ 7C t~y,~ CITY LERK p ove y ~~~~-~ R City Attorney's Office CLK: PCRB/SOP-RES MAR-08 Resolution No. Page 2 os-~~ It was moved by Gham~ion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: x x X X ~_ x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalglossarylresolution-ic.doc CITY OF IOWA CITY IOWA POLICE CITIZENS REVIEW BOARD STANDARD OPERATING PROCEDURES AND GUIDELINES March 11, 2008 The Police Cifizens Review Board (hereafter referred to as PCRB) was established to assure that investigations into claims of police misconduct are conducted in a manner which is fair, thorough and accurate and to assist the Police Chief, the City Manager and the City Council in evaluating the overall performance of the Police Department by having it review the Police Deportment's investigation into complaints. To achieve these purposes, the PCRB shall comply with Chapter 8 of the Iowa City Code, the PCRB's By-Laws, and the PCRB's Standard Operating Procedures and Guidelines. TABLE OF CONTENTS I. Complaint Process II. Formal Mediation Guidelines and Procedures III. Meetings IV. Complaint Review Process V. Identification of Officers VI. Review of Policies, Procedures and Practices of the Iowa City Police Department VII. Annual Report VIII. General IX. Appendix A. The City Code of Iowa City, Chapter 8, Police. Citizens Review Board B. Iowa City PCRB By-Laws C. City of Iowa City PCRB Guidelines and Procedures for Formal Mediation D. Section 21 of The Code of Iowa Official Meetings Open to Public (Open Meetings) E. Section 22 of The Code of Iowa, Examination of Public Records (Open Records) F. PCRB Complaint Form PCRB SOP 03/08 Page 2 I. Complaint Process In an effort to assure the citizens of Iowa City that the Iowa City Police Department's performance is in keeping with community standards, the PCRB shall review investigations into complaints about alleged police misconduct to insure that such investigations are conducted in a manner which is fair, thorough and accurate. The PCRB shall achieve this by receiving, reviewing and reporting on citizen complaints in accordance with the procedural rules in Chapter 8 of the City Code, following the PCRB By-Laws, Article V and the PCRB's Standard Operating Procedures and Guidelines. A. Complaints shall be filed in accordance with 8-8-3 C and 8-8-7 A of the City Code of Iowa City: 1. All documents and related materials filed with the PCRB shall not be returned. 2. Complaints filed in the City Clerk's Office shall be assigned a complaint number consisting of the last two digits of the present year with consecutive numbers, starting with one (1) (e.g. 98-1 ). 3. The complaint copy sent to PCRB members shall have all references to police officer names and other identifying information deleted, although the reports of the Police Chief and City Manager shall identify the officers by number as set forth in Section V of these procedures. 4. PCRB deadlines are established by Ordinance 01-3976. 5. A copy of each complaint filed shall be provided to PCRB members in the next meeting packet. 6. Amendments to a complaint must be in written form. 7. The complainant may withdraw the complaint at any time prior to the PCRB's issuance of its report to City Council. B. Procedures for complaints subject to summary dismissal follow: 1. A complaint that appears to be untimely filed or a complaint that does not involve the conduct of an Iowa City sworn police officer shall be handled in the same manner as outlined in subsection "A" of the Complaint Process. 2. The copy of the complaint furnished to the Police Chief or City Manager, shall include a cover letter from the PCRB indicating that it appears to be an untimely complaint or a complaint that does not involve the conduct of an Iowa City sworn police officer and will be reviewed by the PCRB at its next meeting. PCRB SOP 03/08 Page 3 3. The PCRB shall determine whether additional information is necessary to assess whether the complaint should be summarily dismissed and, if additional information is necessary, the method by which such information will be obtained. The methods available include an interview of the complainant by a subcommittee of the PCRB, a request to the complainant for a written submission on the issue presented and an investigation by the PCRB, but shall not include an invitation to the complainant to address the PCRB at a public meeting or an interview of the complainant at a public meeting. 4. Upon the completion of such investigation and the PCRB's determination that additional information is not necessary, the PCRB shall, by motion in open session, vote to determine whether the complaint will be dismissed under Section 8-8-3 E of the Ordinance. The PCRB shall not discuss the facts or substance of the complaint at said open meeting. 5. If the PCRB dismisses the complaint,- staff shall: a. Untimely Complaints: 1. Forward a copy of the decision to the Chief or City Manager including a cover letter stating that the complaint has been dismissed and that a report to the PCRB by the Chief or City Manager is not required by Chapter 8 of the Code. 2. Forward a copy of the decision to the complainant including a cover letter advising that although the complaint has been dismissed and will not be reviewed by the PCRB, there is a method for the complainant to file a complaint directly with the Iowa City Police Department. 3. Forward a copy of the decision to the City Council indicating the dismissal and referring to the section of the City Code. b. Complaints not involving a sworn Iowa City police officer: Forward a copy of the decision to the Chief or City Manager including a cover letter stating that the complaint has been dismissed and that a report to the PCRB by the Chief or City Manager is not required by Chapter 8 of the Code. 2. Forward a copy of the decision to the complainant including a cover letter stating why the complaint was dismissed. 3. Forward a copy of the decision to the City Council indicating the dismissal and referring to the section of the City Code. PCRB SOP 03/08 Page 4 4. If the PCRB determines the complaint shall not be dismissed, it shall so advise the Police Chief or City Manager so that the investigation may continue and make the required report to the PCRB. II. Formal Mediation Guidelines and Procedures Formal mediation is the responsibility of the PCRB and is offered as a method to facilitate a successful resolution of the issues involved in a complaint. The PCRB shall accomplish this responsibility by complying with 8-8-2 H, 8-8-4 and 8-8-7 of the City Code and the PCRB Guidelines and Procedures for Formal Mediation, approved by the City Council on March 10, 1998 and made a part hereof. III. Meetings Regular meetings shall be held monthly. Special meetings may be called by the Chair as needed. The PCRB shall comply with Article V of the PCRB By-Laws and the PCRB Standard Operating Procedures and Guidelines. A. Meeting packets shall be distributed to PCRB members at least two (2) days prior to a meeting when possible. B. Place of Posting Notices and Agendas. 1. Follow requirements of Section 21.4, The Code of Iowa. 2. The City of Iowa City provides the Notice Bulletin Board in the lobby of City Hall. C. Consent Calendar shall include: 1. Minutes of the last meeting(s); 2. Correspondence and/or memoranda directed to the PCRB (not complaint-related). Staff shall be given directions based on PCRB discussion as to whether staff shall respond or whether PCRB members shall respond, with copies furnished to the PCRB. D. Time for open public discussion shall be made available at all open meetings as provided by the PCRB By-Laws, Article V, Section 8. E. Time for "Board Information" and "Staff Information" shall be made available at all meetings. F. Decisions made in executive session shall be ratified in open session. G. Taped minutes of open meetings shall be kept thirty (30) days from acceptance and approval of minutes. PCRB SOP 03/08 ~ Page 5 H. Taped minutes of executive meetings shall be kept for one year from the date of the meeting. I. To the extent practicable, legal counsel for the PCRB shall attend all meetings of the Board. J. Electronic Participation 1. Follow the requirements of Section 21.8, The Code of Iowa for "electronic meetings.". "Electronic meetings" as defined in this section presumes electronic participation is necessary for a quorum. 2. Electronic participation in meetings. A member may participate by electronic means when the member's presence is not necessary for a quorum, and said member shall have all rights as if participating in person.. K. Quorum and Voting Requirements 1. Quorum. See By-Laws V 4. 2. Voting. See By-Laws V 12. 3. Voting to close a session. See Section 21.5, The Code of Iowa. L. Iowa Open Records Law 1. The PCRB must follow all the requirements of Chapter 22, The Code of Iowa, Examination of Public Records (Open Records). This means every person has the right to examine and copy the public records of the PCRB pursuant to that Chapter. 2. The lawful custodian of the PCRB public records is the City Clerk of Iowa City. If the City Clerk requires legal counsel concerning whether a document is public or confidential, she shall notify both the City Attorney's Office and counsel to the PCRB of the request. 3. All records of the PCRB shall be public except as specifically provided for in Chapter 22, The Code and in the PCRB By-Laws. 4. Confidentiality of complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint. See By-Laws VII 1(a). 5. Confidentiality of the minutes and tape recordings of closed sessions. See By-Laws VII 1(b). 6. Confidentiality of mediation matters. See By-Laws VII 1(d). PCRB SOP 03/08 Page 6 7. Confidentiality of information protected by the Iowa Open Records Law or the Iowa Open Meetings Law. See By-Laws VII 1(c). M. Iowa Open Meetings Law. The PCRB must follow all the requirements of Chapter 21, The Code of Iowa, Official Meetings Open to Public (Open Meetings). N. Conflicts of Interest and Ex Parte Contacts 1. Conflicts of Interest. See By-Laws V 11. 2. Ex Parte Contacts. See By-Laws V 10. IV. Complaint Review Process The PCRB shall review all Police Chiefs reports and City Manager's reports concerning complaints utilizing Sections 8-8-6, 8-8-7 and 8-8-8 of the City Code and the PCRB Standard Operating Procedures and Guidelines. A. Review of Police Chiefs report or City Manager's report. Follow 8-8-7 B of the City Code. B. Select a level of review as outlined in 8-8-7 B(1)(a-f) of the City Code. The PCRB shall notify the Complainant and the Police Chief, or the City Manager if the complaint is against the Chief, of the selected level of review. The Chief shall notify the officer of the selected level of review. C. Pursuant to 8-8-7 B(1)(e) of the City Code, the board may choose to subpoena witnesses or documents. 1. A motion to issue a subpoena to compel the appearance of a witness or for the production of documents may be made by any board member pursuant to the voting procedure outlined in Article V of the PCRB By- Laws. Such a motion if made in closed session will be ratified in open session. 2. The subpoena will be prepared by legal counsel for signature by the PCRB Chair. 3. Funds for the payment of witness fees, mileage and service will be issued by the City Clerk. 4. The subpoena may be issued to compel the appearance of a witness to be interviewed by a committee, of no more than two PCRB members assigned by the Chair, at a time and place determined by the committee. D. Request for an extension of time to file PCRB public report. Refer to 8-8-7 B(6) of the City Code. PCRB SOP 03/08 Page 7 E. The PCRB shall not issue a public report critical of a police officer until after a name-clearing hearing has been held or waived by the police officer. Refer to Section 8-8-7 B(4) of the City Code. F. Name-clearing hearing procedure If the PCRB determines that the comments or findings contained in its proposed report will be critical of the conduct of a sworn police officer, it must offer the officer aname-clearing hearing prior to the issuance of the PCRB's report to Council. 2. The PCRB shall select a proposed date for the name-clearing hearing. 3. Written notice of the date, time and place of the name-clearing hearing shall be given to the officer no less than ten working days prior to the date set for hearing. The notice to the officer should be transmitted via the Chief of Police. The notice to the officer shall provide a written response form for the officer to demand or waive the name-clearing hearing. Said written response form shall also allow the police officer to state whether he or she requests an open or closed session. 4. If the officer provides a written waiver of the name-clearing hearing prior to the date set for hearing, the hearing shall not be held. 5. If the officer does not respond to the notice prior to the time of the hearing, the hearing shall be convened. If the officer does not appear, the hearing shall be terminated. 6. If the officer demands a hearing or appears at the hearing, the PCRB will first determine whether the hearing shall be open or closed. If the officer requests a closed session, the PCRB shall close the session pursuant to motion specifically identifying Section 21.5(1)(1) .and 21.5(1)(a) of the Iowa Code as the basis for closure. If the officer does not request a closed session the session shall be open except where closure is appropriate pursuant to Section 21.5(1)(a). 7. Before the hearing, the PCRB shall advise the officer of the Board's proposed criticism(s). At the hearing, evidence supporting the criticism shall be presented. The officer shall be given the opportunity to be heard and to present additional evidence, including the testimony of witnesses. 8. If, subsequent to aname-clearing hearing or waiver of aname-clearing hearing by the officer, the PCRB changes its level of review, it shall issue a new written notice pursuant to subparagraph B. hereof. If, following said change, the proposed report is critical of the sworn officer's conduct, the PCRB shall offer another name-clearing hearing to the officer pursuant to the name-clearing hearing procedures herein. 9. The complainant shall not receive a notice of, or have the right to participate in, aname-clearing hearing. PCRB SOP 03/08 Page 8 G. Report Writing -Follow 8-8-7 of the City Code The Chair shall appoint a committee to prepare draft reports. The committee may request assistance from staff as needed. 2. When possible, a draft report shall be included in the agenda packet prior to the meeting at which it is discussed. 3. Draft reports shall be discussed in executive session and finalized by the full PCRB. 4. Draft reports shall be confidential. 5. Final Public Reports shall be reviewed by legal counsel to the PCRB before being submitted to the City Council. H. Final PCRB Public Reports shall be distributed according to 8-8-7 B(3) of the City Code. The copy sent to the City Council shall be accompanied by the minutes of the meeting which approved it and be sent to the City Clerk for inclusion in the next Council agenda packet. Once. the Public Report is sent to designated parties, the complaint file is closed and is taken to the City Clerk's Office for retention. V. Identification of Officers A. The reports of the Police Chief and the City Manager to the PCRB will identify the officers with unique identifiers, i.e. same number for same officer from one complaint to the next, but not by name. In its public reports, however, the PCRB shall not use the same number for the same officer from one report to the next, in order to guard against inadvertent identification of the officer to the public by the PCRB. The PCRB reserves the right, however, to identify the officer in a sustained complaint pursuant to Section 8-8-7 B of the City Code and may obtain the officer's name from the City Clerk for this purpose. B. An allegation of misconduct or previous allegation of misconduct against an officer is not and shall not be used by the PCRB as evidence of misconduct. VI. Review of Policies, Procedures and Practices of the Iowa City Police Department As stated in the City Code, 8-8-7 C(3), and Article 11 of the PCRB By-Laws, and using the PCRB Standard Operating Procedures and Guidelines, the PCRB shall, from time to time, report to the City Council on policies, procedures and practices of the Iowa City Police Department, including recommended changes, if appropriate. A. Policy-review discussions shall be held at regular meetings, when possible. PCRB SOP 03/08 Page 9 B. Pursuant to 8-8-2 O and 8-8-7 C(3) of the Iowa City Code, on at least one occasion each year the PCRB shall hold a community forum for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City Police Department. The format, location, date and time, of the forum will be determined by the board. The procedures and requirements set forth in the PCRB By-Laws, Article V will be satisfied. C. When citizens have a concern about police procedures or practices, but there is no allegation of individual officer misconduct, there may be an issue of policy. Any citizen or PCRB member may raise an issue at a PCRB meeting. D. The PCRB encourages signed written correspondence from citizens but will accept anonymous correspondence concerning policies, procedures, and practices of the Iowa City Police Department. VII. Annual Report The PCRB shall maintain a central registry of all formal complaints against sworn police officers and shall provide an annual report to the City Council which will give the City Council sufficient information to assess the overall performance of the Iowa City Police Department. 8-8-2 M and 8-8-7 C(2) of the City Code, Article VIII, Section 5 of the PCRB By-Laws, and the PCRB Standard Operating Procedures and Guidelines A. The annual report shall include information required by Chapter 8 of the City Code. B. The PCRB's annual report may also include recommendations to amend the Ordinance. VIII. General A. The lawful custodian of the PCRB records and the central depository for all information is the City Clerk's Office of the City of Iowa City. B. The Chair is the official spokesperson for the PCRB. C. When legal counsel and/or staff are contacted on PCRB business, they shall report that information to the Chair and to each other. D. Contacts between a PCRB member and the Police Chief and/or City Manager shall be in the form of written communication when possible. E. Requests for information from the PCRB to the Police Chief or City Manager shall be in writing. F. The PCRB administrative assistant shall provide to the Board a monthly "PCRB Office Contacts Report," stating the number of telephone calls and in-office contacts which come directly to the PCRB office, the general substance of such contacts, and their disposition. PCRB SOP 03/08. Page 10 G. Voice Mail telephone messages to the PCRB office from citizens shall not be retained nor will messages be transcribed unless there are extenuating circumstances on a case-by-case basis determined by legal counsel for the PCRB and the City Attorney's Office. H. The PCRB shall utilize its own letterhead stationery. PCRB SOP 03/08 Page 11 04-0 - 8 ~~ 5f 3 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. O8-78 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT LUSATI, INC D/B/A QUINTON'S BAR 8~ DELI, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Moka Java LLC, as landlord, and Lusati, Inc, d/b/a Quinton's Bar 8~ Deli, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 215 Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2008 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 1st day of ATTEST: CIT -CLERK City Attorney's Office /11.1FJIU~~VCU~~uy~~. ~7 ~~__.11yia"~l S ~ ~C'G ~ C1 Resolution No. 08-78 Page 2 It was moved by Champion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x ~- x X ~- x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalglossarylresolution-ic.doo U4-U 7 -Utf 5f 4 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 08_79 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER BILL MIHALOPOULOS, AND TENANT ATLAS WORLD GRILL, INC D/B/A ATLAS WORLD GRILL, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Bill Mihalopoulos, as landlord, and Atlas World Grill, Inc, d/b/a Atlas World Grill, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 127 Iowa Ave., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2008 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 1st day of ATTEST: ~ ~ . -~~ CI CLERK City Attorney's Office r,Nr~.,,,~u .,y. ~~ Resolution No. nR-~g Page 2 It was moved by ('ha~i nn and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Correia X Hayek ~_ O'Donnell x Wilburn ~_ Wright wpdatalglossary/resolution-ic.doc 04-0 -08 9 Prepared by: Steven J. Rackis, ICHA Administrator, 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 RESOLUTION NO. 08-80 RESOLUTION APPROVING THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2008. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development (HUD) requires that Housing Authorities submit Annual Plans; and, WHEREAS, the Annual Plan for Fiscal Year 2008 reflects the details about the Iowa City Housing Authority's immediate operation, program participants, programs and services for Fiscal Year 2008. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Iowa City Housing Authority's Annual Plan for Fiscal Year 2008 is approved. 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 1st day of April , 20 08 ATTEST: ~ ' 1~ C-~ - ~ ^ CIT LERK City Attorney's Office It was moved by Wilburn and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright HisassUres/annualplan08.doc i~ Prepared by: Steven J. Rackis, ICHA Administrator, 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 RESOLUTION NO. 08-81 RESOLUTION TO ADOPT THE AMENDED IOWA CITY HOUSING AUTHORITY'S PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP). WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development (HUD) requires adoption of the Public Housing Admissions and Continued Occupancy Policy (ACOP); and WHEREAS, to strengthen program integrity, the proposed amendments to the tenant suitability and penalty provisions of the ACOP should be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Public Housing Admissions and Continued Occupancy Policy (ACOP) is adopted, as amended, as the policy of the Iowa City Housing Authority. 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this lst day of April , 2gQ~_• A Approved by '~ ATTEST: CIT LERK 3-a~.o City Attorney's Office It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: X ~- ~- _~_ NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright HisassUres/acop4-08.doc Prepared by: Steven J. Rackis, ICHA Administrator, 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 RESOLUTION NO. 08-82 RESOLUTION TO ADOPT THE AMENDED IOWA CITY HOUSING AUTHORITY'S HOUSING CHOICE VOUCHER (HCV) ADMINISTRATIVE PLAN. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development (HUD) requires adoption of the Housing Choice Voucher (HCV) Administrative Plan for the administration of the HCV programs; and WHEREAS, to strengthen program integrity, the proposed amendments to the tenant suitability, continued eligibility, and penalty provisions of said plan should be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The HCV Administrative Plan is adopted, as amended, as the policy of the Iowa City Housing Authority. 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this ~ 1st day of _~,pril , 20Q$_. ATTEST: CIT CLERK C ~ •M Approved by City Attorney's Office It was moved by 0' Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright HisassUres/hvcplan4-08.doc 4- -08 15 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION N0. 08-83 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS, LLP, AND TENANT J.J.G., L.L.C. D/B/A T-SPOONS, FOR A SIDEWALK CAFE. WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Three Guys Holdings, LLP, as landlord, and J.J.G., L.L.C., d/b/a T-Spoons, as tenant, applied for a temporary use of the public right-of-way at 301 Market Street, Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Pas ed and approved this 1st day of April , 2008. M R A ST: ~,t~~ ~~~Q/fil~ CIT LERK Approved b :3~-~r -off City Attorney's Office Resolution No. 08-83 Page 2 It was moved by Champion and seconded by Correa a the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~- X ~_ x ~- -~ X Bailey Champion _ Correia Hayek O'Donnell _ Wilburn Wright wpdata/glossarylresolution-ic.doc 04-0 - g 16 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 08-84 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER BREMER TRUST, AND TENANT MIDWEST CREAMERY, INC. D/B/A COLD STONE CREAMERY, FOR A SIDEWALK CAFE. WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Bremer Trust, as landlord, and Midwest Creamery, Inc., d/b/a Cold Stone Creamery, as tenant, applied for a temporary use of the public right-of-way at 39 S. Dubuque Street, Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 1st day of April , 2008. Approved by: ~~~~ ~ ado -~ ~' City Attorney's Office Resolution No. 08-84 Page 2 It was moved by Wright and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalglossarylresolution-ic.doc Michael A. Mauro y~*~~ ~~ ~~~~ Secretary of State of 3 A~ yv TgRy p4 State of Iowa 28E Agreement r J c FILED W ~ M500610 ~ 4/30/2008 9:28:45 AM a PLEASE READ INSTRUCTIONS ON BACK BEFO~2E COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Full Legal Name Organization Type "County Party 1 City of Iowa City City Johnson Party 2 Johnson County County Johnson Party 3 Party 4 Party 5 o~ici vu~c~ n not in Iowa Item 2. The type of Public Service included in this agreement is: 410 Public Transit (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Paratransit Service between the City of Iowa City and Johnson County for the period of July 1, 2008 through June 30, 2013 (#08-85) Item 4. The duration of this agreement is: (cneckone) ^Agreement Expires mindefinite Duration [mm/dd/yyyy] Item 5. Does this agreement amend or renew an existing agreement? (cneck one) ^ NO m YES Filing # of the agreement: M021474 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www sos.state.ia.us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Secretary Department Administrative Secretary Email kellie-tuttle(a~iowa-city.org Phone 319-356-5043 U4-U'1-V O 17 PrepaGed by: Joe Fowler, Parking & Transit, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5156 RESOLUTION NO. 08-85 RESOLUTION APPROVING A PROPOSED 28-E AGREEMENT FOR PARATRANSIT SERVICE BETWEEN THE CITY OF IOWA .CITY AND JOHNSON COUNTY FOR THE PERIOD OF JULY 1, 2008 THROUGH JUNE 30, 2013, IN SUBSTANCE, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT INCORPORATING THE TERMS OF SAID PROPOSAL. WHEREAS, there was a previous 28-E Agreement for paratransit service .between the City of Iowa City and Johnson County; and WHEREAS, representatives of the City of Iowa City and Johnson County have negotiated a 28-E Agreement for paratransit service for the period of July 1, 2008 through June 30, 2013, a copy of said proposed agreement being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The terms of the proposed 28-E Agreement for paratransit service between the City of Iowa City and Johnson County for the period of July 1, 2008 through June 30, 2013, attached hereto and incorporated herein by reference, .are hereby approved in substance. 2. The Mayor and City Clerk are hereby authorized and directed to execute a 28-E Agreement for paratransit service between the City of Iowa City and Johnson County for the period of July 1, 2008 through June 30, 2013, which incorporates the terms of the attached proposed agreement in substance. Passed and approved this 1st day of ~ - ATTEST: CI LERK 2008. Approved by: ~~` " ~CityAttorney's Office It was moved by Champion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright parking/res/agt28-Eparatransit-08. dx 28E Agreement for Paratransit Service between the City of Iowa City and Johnson County for the period of July 1, 2008 through June 30, 2013 This Agreement is made and entered into by and between the City of Iowa City, Iowa, hereinafter referred to as "Iowa City", and Johnson County, Iowa, hereinafter referred to as "County". Scope of Services The County shall provide to Iowa City through Johnson County SEATS paratransit service consistent with the Americans with Disabilities Act and the policies of the Iowa City City Council and the Johnson County Council of Governments Paratransit Plan. General Terms 1. Paratransit service area for Iowa City shall be the corporate limits of the City of Iowa City. 2. Paratransit service shall be operated within the corporate limits of Iowa City from 6:00 a.m. until 11:59 p.m., Monday through Friday; 6:00 a.m. until 7:30 p.m. on Saturday; and 8:00 a.m. until 2:00 p.m. on Sunday. The paratransit service shall operate a holiday schedule consistent with Iowa City Transit. 3. Paratransit service shall be operated as adoor-to-door service. Service will be in compliance with the "SEATS Riders Guide" as amended. Johnson County SEATS operators shall be sensitive to the needs of passengers with disabilities. 4. The paratransit service shall be operated with a fare which shall be twice the fixed route fare. Paratransit fares collected shall be retained by the County. The only exceptions to the fare of twice the fixed route fare shall be Iowa City residents designated by Iowa City who qualify as being entitled to a discount; such individuals shall be entitled to a paratransit fare equal to the fixed route fare. Reductions in the fare schedule will be done in consultation with the County to determine the commensurate reduction in revenue to the County. Any other fare collected on behalf of any contracting agency and administered by the paratransit provider will not affect the agreement with Iowa City. 5. Iowa City shall pay the cost of vehicle maintenance for any miles the paratransit vehicles are used in fixed route service. Iowa City will continue to have the option to use the vehicles from the Iowa City paratransit fleet when not assigned to Johnson County SEATS paratransit service. 6. Vehicles owned by Iowa City and operated by Johnson County SEATS shall be clearly marked as City of Iowa City and Johnson County (including City of Coralville) paratransit vehicles. Iowa City shall provide signage for the purpose of identifying vehicles that are in use as Iowa City- Johnson County (including City of Coralville) paratransit vehicles. Vehicles and personnel used to provide Iowa City-Johnson County paratransit service shall be neat and clean in appearance. 7. The County shall be familiar with the Johnson County Council of Governments (hereinafter "JCCOG") complementary paratransit plan for the Iowa City urbanized area and will conduct paratransit service consistent with said document. This will include Iowa City's determination of rider eligibility based upon a certification process. Johnson County SEATS shall notify Iowa City of request for ADA certification on a weekly basis at which time the applicant shall be entitled to continue to use SEATS fora 21-day grace period. It shall be Iowa City's responsibility to notify Johnson County SEATS as to whether the applicant is ADA eligible. Otherwise the applicant shall remain eligible for paratransit service. Priority for paratransit service will be given to persons certified under the ADA. 8. Johnson County SEATS shall maintain reporting statistics required by the Federal Transit Administration National Transit Database (formerly Federal Section 15 system). In addition Johnson County SEATS shall provide a management information system consisting of information for each trip provided. This information shall be submitted to Iowa City as a monthly report twenty days from the end of the previous month. Johnson County shall use a computerized management information system which will enable Iowa City to receive information. in a summary format. The report is commonly identified as the "Performance Summary Report". Iowa City may request miscellaneous reports to assist it in its evaluation of SEATS services. These reports shall not create an undue administrative burden on SEATS management. 9. Johnson County SEATS shall comply with the Federal Transit Administration Drug and Alcohol testing requirements and shall be responsible for any and all costs associated with said drug and alcohol testing requirements. The County shall certify that they have not been debarred from federally funded contracting. Johnson County SEATS shall comply with any other requirements of the Federal Transit Administration. Johnson County SEATS employees shall have all commercial drivers licenses required by Iowa law. The County agrees to be responsible for the acts of Johnson County SEATS employees while on duty. 10. Johnson County SEATS shall submit proof of insurance meeting the City of Iowa City Class II requirements. 11. Johnson County SEATS shall be permitted to use the Iowa City Transit fueling facility at a cost of $20 per month, plus fuel expense. 12. Iowa City will continue to apply for federal capital assistance for replacement of vehicles. Further, Johnson County SEATS will be responsible for providing a user fee equal to the amount of the required local match for the purchase of replacement vehicles. Should Iowa City cease contracting with SEATS for Paratransit service, Iowa City will reimburse Johnson County SEATS for any contributions made by SEATS toward the purchase price of buses, subject to the 20% annual depreciation of the vehicle. 13. Johnson County SEATS and Iowa City Transit agree to the terms contained in Exhibit A, attached and incorporated herein by this reference, as required for federal capital assistance. 14. The following represents a basic description of ride policy and the agency responsible for the ride. Iowa City ride -begins in Iowa City and ends in Iowa City, Coralville, or University Heights. Coralville ride -begins in Coralville and ends in Coralville, Iowa City, or University Heights. University Heights ride -University Heights resident ride that begins or ends in University Heights, Iowa City, or Coralville. . Rural ride -Begins or ends in the non-urbanized area or is a county resident riding within the urbanized area. Special charters are the responsibility of the paratransit provider, regardless of origin and/or destination. Compensation and Duration 1. This agreement shall be for a period of five years effective July 1, 2008 through June 30, 2013. This agreement may be modified at any time by mutual written agreement of the parties. 2. The contracted amounts, as follows, represent the City's full and complete financial responsibility to Johnson County SEATS based on the terms of this agreement. The amounts as follows are payable in equal monthly installments during the course of the year. July 1, 2008 -June 30, 2009 - $836,817 July 1, 2009 -June 30, 2010 - $870,290 July 1, 2010 -June 30, 2011 - $905,102 July 1, 2011 -June 30, 2012 - $941,306 July 1, 2012 -June 30, 2013 - $978,958 The contract price may be reopened by either party if the price of fuel increases or decreases by more than $.50 per gallon from the rack price on the day this agreement is signed. The City of Iowa City agrees to pay a five cent ($.OS) fuel surcharge to Johnson County SEATS when the average fuel cost per operating mile exceeds forty cents ($.40) per mile for a one month period. The fuel surcharge shall be applied to the number of revenue miles of paratransit service Johnson County SEATS provides for the City of Iowa City. After the initial forty cents ($.40) per mile bench mark is met an additional five cent ($.OS) charge shall be applied for each ten cent ($.10) increase in fuel cost per operating mile. Johnson County SEATS will bill the City of Iowa City for the previous month's additional fee after receiving the fuel bill and figuring the average cost per revenue mile. This payment is in addition to all other payments required by the contract. Any month the average fuel cost is forty cents ($.40) or less there is no surcharge for service. 4. If either party chooses to terminate this agreement, aone-year written notice must be provided. Extent of Agreement 1. No separate legal entity is established by this Agreement. 2. This Agreement is between public agencies contracting to perform governmental service pursuant to Iowa Code Section 28E.12. 3. Pursuant to Iowa Code Section 28E.8(1)(a) (2007 Supplement), Iowa City shall file this Agreement, in an electronic format, with the Secretary of State of Iowa in the manner specified by the Secretary of State. 4. Pursuant to Iowa Code Section 28E.8(2)(a) (2007 Supplement), Johnson County shall submit, in an electronic format, an initial report to the Secretary of State as prescribed by the Secretary of State. 5. Each agency shall file its own biennial report to the Secretary of State pursuant to Iowa Code Section 28E.8(2)(b) (2007 Supplement). 6. The Agreement represents the entire agreement between Iowa City and Johnson County for paratransit service. It may be amended only by a written instrument signed by both parties. Assignment This Agreement is not assignable without written consent of both parties. Dated this ~~~ day of , 20~. CIT OF IOWA CITY By: By: Re D. Bailey, Mayor , Attest: /i"Ilxtit.~~J ~ iCQif~J Attest Appro ed by: ~~~~ City Attorney's Office JOHNSON COUNTY, IOWA '~S~ f CITY ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) S~ - 20 0 8 before me, On this ~ day of ~{'~+~ , Sor,dra~ ~-oc--~' a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. off- g5 passed by the City Council, on the (s% day of Ap,Q ~ ~ , 20 0 ~'f ,and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~, ~, ~ r-~-~v^~ o '4 s 50NDRAE FORT Not Public in and for the State of Iowa ~ Commission Number 159791 ~' My commission Expires My commission expires: ow ~ oZao COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) c~ this Z ~'~ day of l~pr, ~ , ,20 O$ ^ `before me, ~` ' Sullivan and Tom Slockett, to me personally known, and, who, being by me duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor, respectively, of the County of Johnson, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its Board of Supervisors, as contained in the Motion adopted by the Board of Supervisors, on the ZS/~~ day of /q-d~; ( , 20~_, and Rod Sullivan and Tom Slockett acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. _ _ .-. commission expires: EXHIBIT A Because federal funds are being used to support the SEATS paratransit contract, Iowa City Transit and Johnson County SEATS hereby agree to the following required federal clauses: ADA Access The Contractor agrees to provide transportation services consistent with the Americans with Disabilities Act (ADA) and comply with the provisions of the Act applicable to the facilities used for and the personnel policies applicable to staff involved in the administration of any contract issued pursuant to a solicitation by this recipient or subrecipient of Federal transit assistance. In particular, the Contractor's project manager shall be responsible for assuring that "reasonable accommodations" are made to ensure compliance with the provisions of the ADA in regard to service provision, hiring and managing personnel as well as workplace accessibility. The employment provisions of ADA require that reasonable accommodations be made in existing worksites to allow a qualified employment candidate with a disability to access the workplace and perform their job duties. Under the ADA, it is also incumbent upon the Contractor to assure that any "accessible vans or buses" and the ancillary equipment that such vans or buses are required to be equipped with by 49 CFR Part 37 Subpart B Subsection 37.23, i.e., to satisfy the ADA's mobility aid user accessibility provisions, are inspected and properly maintained. As such, the Contractor is required to provide appropriate vehicle maintenance and staff training under this contract with a subrecipient of Federal transit assistance. This training must assure that vehicle operators have acquired skills in communicating with assisting persons with disabilities, are proficient in passenger assistance techniques, operation of vehicle level change devices, securement systems, public address systems and other access-related equipment. Vehicle operators shall be required to report any access equipment problems as soon as possible. And, the Contractor shall make repairs to access equipment as soon as possible, preferably on the day following a report of deficiency or malfunction report. Any vehicle with inadequate or malfunctioning access equipment shall not be kept in service if a deficiency presents a heightened risk of passenger or vehicle operator injury. And, such a vehicle shall not be returned to revenue service until access equipment deficiencies are remedied. The Contractor shall cooperate with transit system, as well as State or Federal agency staff, or assessment contractors of agencies with oversight responsibility for assessment of whether the Contractor is complying with the provisions of the ADA. Such assessments shall require Contractor's staff to meet with oversight personnel and provide access to documentation relating to policies and instructions for access equipment pre-trip cycling, staff training, as well as access equipment operation, reliability and maintenance. Contractor shall permit drivers and administrative staff to be interviewed by persons performing ADA compliance assessments. Drug Use and Testing -Alcohol Misuse and Testing Requirements The Contractor agrees to comply with all applicable Federal regulations governing workplace drug use and alcohol misuse in the transit industry. Specifically, the Contractor shall establish a Drug Use and Alcohol Misuse Policy acceptable to the transit agency purchasing services pursuant to this solicitation or contract award and conforming with the Federal Transit Administration (FTA) regulations. These regulations are detailed in 49 C.F.R.Part 665 "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit" as amended. Contractor shall comply with these regulations mandating testing of safety- sensitive employees for the use of drug and the misuse of alcohol in violation of law or Federal regulation, and prohibits performance of safety-sensitive functions when there is a positive test result. The Contractor shall as well comply with U.S. DOT regulations detailed in 49 CFR. Part 40, Revised and corresponding Technical Amendments, that set standards for the collection and testing of urine and breath specimens from safety-sensitive employees. Contractor's employees shall be provided with the training required by these regulations as well as access for review, upon. request, to the Federal regulations and Contractor's Policy on Prohibited Drug Use and Alcohol Misuse. Flv America Requirement The Vendor/Contractor shall comply with 49 U.S.C. 40118 (the "Fly America" Act) and regulations promulgated by the General Services Administration, at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. This provision shall be included by the Contractor in all subcontracts that may involve international air transportation. Charter Bus Requirements The Contractor agrees to comply with 49 U.S. C. Section 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions detailed at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental." I.e., it must not interfere with or detract from the provisions of mass transportation. School Bus Requirements Pursuant to 69 U.S.C. Section 5323 (f) and 49 CFR Part 605, which provide that recipients and subrecipients of FTA assistance are prohibited from providing school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities. Energy Conservation Requirement The Vendor/Contractor bidder shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act. Clean Water Requirement Each Vendor/Contractor, by signing the Certificate of Compliance with Terms of Service under this Request for Architectural and Engineering Qualifications (RFQ) is obliged under penalty of law to perform such services using materials, and under conditions that comply with the federal, state and local clean water regulations governing said production. As such, the Contractor agrees to comply with and perform construction oversight that are the Contractor's responsibility to assess whether work performed by construction contractors is compliant with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 et sea• The contractor also agrees to report each violation to the Purchaser and understands and agrees that the Purchaser must, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Vendor/contractor is required to include these requirements in each subcontract exceeding $100,000 financed, in whole or in part, with Federal assistance provided by a contract awarded under this solicitation and assisted by FTA. Lobb~g Disclosure Requirements and Prohibition Pursuant to the Byrd Anti Lobbying Amendment, 31 U.S.C.1352, as amended by the Lobbying Disclosure Act of 1995, P.L.104-65 [to be codified at 2 U.S.C 1601,et seq.], vendors/contractors/EM's who submit a bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying ." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier. shall also disclose the name of any registrant under the Lobbying disclosure Act of 1995 who has made lobbying contacts on its behalf with nonfederal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. Access to Records and Reports Reauirements In accordance with 49 CFR 18.36(I), the Vendor/contractor and any vendor acting on its behalf in this solicitation agree to provide the Iowa Public Transit System awarding a contract, the Iowa Department of Transportation, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to any contract awarded pursuant to this solicitation for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 CFR Part 633.17, to provide the FTA Administrator or his authorized representatives, including any PMO contractor, access to Contractor's records pertaining to contracts awarded that involve a major capital project, as defined at 49 U.S.C. 5302 (a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. section 5307, 5309, or 5311. The Contractor agrees to permit any of the parties described in the preceding paragraph to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to maintain all books, records, accounts and reports required under any contract awarded pursuant to this solicitation for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the Iowa DOT, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(I)(11). Federal Changes The Contractor or vendor awarded a service contract pursuant to this solicitation agrees to comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement (Form FTA MA (6) dated October, 1999) between the Purchaser and the Iowa DOT as required by the Grant Agreement form the FTA to the Iowa DOT as they may be amended or promulgated from time to time during the term of the contract awarded pursuant to this solicitation. Contractor's failure to so comply shall constitute a material breach of this contract. Clean Air The Contractor, by signing the Certificate of Compliance with Solicitation Requirements, is obliged under penalty of law to manufacture the bus being offered in compliance with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.7401 et se .The FSM agrees to report each violation the Purchaser and understands and agrees that the Purchaser must, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor is required to include these requirements in each subcontract exceeding $100,000 financed, in whole or in part, with Federal assistance provided by a contract awarded under this solicitation and assisted by FTA. Recycled Products The Contractor shall develop construction specifications and building plans that, to the extent practicable utilized recycled products and, at a minimum require construction contractors to. perform work in a manner that complies with the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962) including ,but not limited to, the regulatory provisions of 40 CFR Part 247 and Executive Order 12873, insofar as these requirements are applicable to any item so designated by the Environmental Protection Agency (EPA), or material used to produce said item(s), that was designated in Subpart B of 40 CFR Part 247. insofar as the Purchaser acquired $10,000 or more of one of the items EPA designates in the fiscal year during which a contractor awarded a contract for project construction is authorized to commence work or when the cost of such items purchased by the Contractor during the previous fiscal year was $10,000 or more. No Federal Government Obligation to Third Parties The Contractor acknowledges and agrees that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor , or any other party .(whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. Any Contractor/firm submitting qualifications pursuant to this solicitation agrees to include the paragraph/provision immediately above in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the provision shall not be modified, except to identify the subcontractor who will be subject to this provision. Program Fraud and False or Fraudulent Statements and Related Acts (1) Each Contractor/ firm submitting qualifications in response to this RFQ are obliged to comply with the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, at 31 U.S.C. Section 3801 et se and U.S. DOT regulations "program Fraud Civil Remedies," 49 CFR, Part 31. Upon execution of the underlying contract (accepting a contract awarded pursuant to this solicitation), the contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract is being manufactured or work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. Section 5307, the Government reserves the right to impose the penalties of 18 U.S.C. Section 1001 and 49 U.S.C. Section 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the clauses delineated as (1) and (2) above in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified except to identify the subcontractor who will be subject to the provisions. Termination (1) Termination for Convenience (General Provision) Any transit system/ Purchaser that awards a professional service contract incorporating this provision may terminate such contract, in whole or in part, at any time by written notice to the Contractor when it is in the Transit System's/Government's best interest. The Contractor shall be paid its cost, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the Transit System (or other Purchaser) to be paid to the Contractor. If the Contractor has any property in its possession belonging to a Purchaser, the Contractor will account for such property and return or dispose of such property as directed by and at the cost of the Purchaser..be paid its costs (2) Termination for Default[Breach or Cause](General Provision) If the Contractor does not deliver work as per the terms of this solicitation or any contract awarded thereof in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the Purchaser may terminate his contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the Purchaser that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the Purchaser, after setting up a new delivery or performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. (3) Opportunity to Cure General Provision The Purchaser in its sole discretion may in the case of termination for breach or default, allow the Contractor a specified period of time in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the Contractor fails to remedy to Purchaser's satisfaction the breach or default or any of the terms covenants, or conditions of the Contract within ten (10) business days after receipt by Contractor or written notice from the Purchaser setting forth the nature of said breach or default, Purchaser shall have the right to terminate the Contract without any further obligation to the Contractor. Any such termination for default shall not in any way operate to preclude the Purchaser from also pursuing all available remedies against Contractor and its sureties for said breach or default. Government-wide Debarment and Suspension Each prospective Contractor must submit an appropriately prepared, and signed certification regarding any debarment action or other factors relevant to the firm's, or any its principal's, eligibility to participate in federally funded projects..By signing and submitting this bid or proposal, the prospective lower tier participant (contractor/ vendor) is providing the certification as per the instructions delineated at 29 CFR part 29, Appendix B. Civil Ri htg_ s Requirements (1) Nondiscrimination - In accordance with Title VII of the Civil Rights Act as amended, 42 U.S.C. Section 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C, Section 6102, Section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12132, and Federal transit law at 49 U.S.C. Section 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue (2) Equal Employment Opportunity: Contractors/, or subcontractors thereof , .performing lower tier contract services must be an equal opportunity employer as defined in the Rights Act of 1964 and in Iowa Executive Order Number Fifteen. The successful firm, in accepting the. offer of a professional service contract under terms of this solicitation, certifies that its officials shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, disability, or national origin. The successful firm shall also take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, disability, or national origin. The following requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with title VII of the Civil Rights Act, as amended, 42 U.S.C. Section 2000e, and Federal transit laws at 49 U.S.C. Section 53432, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR Parts 60 et sea.• (that implement Executive Order No. 11246, Equal Employment Opportunity as amended by Executive Order No;11375, "amending Executive Order 11246 relating to Equal Employment Opportunity, 42 U.S.C. Section 2000e note) ,and with any applicable Federal statutes, executive orders, regulations and Federal policies that may affect manufacturing activities undertaken in the course of producing the buses being purchased. The Contractor agrees to take such affirmative actions as may be necessary to ensure compliance. These actions shall include, but shall not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Section 623 and Federal transit law at 49 U,S,C. Section 5332, the Contractor agrees to refrain form discrimination against present and prospective employees for reason of age. In addition, the contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. section 12112, the Contractor agrees that it will comply with the requirements of the U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, " 29 CFR part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor agrees that is shall include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified, only if necessary, to identify the affected parties and clarify the responsibilities entailed. Transit Em~lovee Protective Agreements The Contractor agrees to comply with: (1) applicable transit employee protective requirements as follows: (a) General Transit Employee Protective Requirements - to the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b) ,and U.S. DOL guidelines at 29 CFR Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements for this subsection (a), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals with disabilities authorized by 49 USC Section 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. Section 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this provision. (b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. Section 5310(a)(2) for Elderly Individuals and Individuals with Disabilities. - If the contract this provision is incorporated by involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. Section 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. section 5310(b) are necessary or appropriate for the state and the public body subrecipient for which work is perform on the underlying contract, the Contractor agrees to carry out the 10 Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S. C. Section 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215 and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth in the Grant Agreement or Cooperative Agreement with the state. The contractor agrees to perform transit operations in connection with the underlying contract incompliance with the conditions stated iri that U.S. DOL letter. (c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S. C. Section 5311 in Nonurbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S. C Section 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. (2) The Contractor also agrees to include any applicable requirements in each subcontract involving transit operation financed in whole or in part with Federal assistance provided by FTA. Breaches and Dispute Resolution If the vendor awarded a contract (i.e. Contractor) pursuant to this solicitation abandons, or before completion, discontinues that project; or if by reason of any of the events or reason, the commencement, prosecution, or timely completion of this project by the vendor is rendered improbable, infeasible, impossible, or illegal, the IPTS may, by written notice to the vendor, suspend any or all of its obligations under the contract until such a time as the event or conditions resulting in such suspension has ceased or been corrected, or the agency may terminate any of its obligations under the contract. Upon receipt of a final termination or suspension notice, the vendor shall proceed promptly to carry out their actions required which may include any or all of the following: (I) necessary action to terminate or suspend, as the case may be, project activities and contracts and. (2) furnish a statement of the status of the project activities and contracts and. as a proposed schedule, plan and budget or terminating or suspending and closing-out project activities and other undertakings, the cost of which are otherwise included as project costs. The closing out shall be carried out in conformity with the latest schedule, plan, and budget within a reasonable time. Reimbursement to the vendor in the event of termination shall be for actual costs, less any assessment of damages. Disputes arising in the performance of any Contract awarded pursuant to this solicitation that are not resolved by agreement of the parties and concurred with by the Iowa DOT shall be decided in writing by the authorized representative of the Procurement Administrator for the IPTS that awarded the contract for professional services. This decision shall be final and conclusive unless within ten calendar days from the date of receipt of its copy of the decision, the contractor mails or otherwise delivers a written appeal to the Procurement Administrator. In regard to any such appeal, the Contractor shall be afforded with an opportunity to be heard and to offer evidence in support of its position. If the Contractor deems that the Procurement Administrator rendered a decision that it cannot accept, any further review of the matter must be settled in a court of competent jurisdiction within Iowa. Disadvantaged Business Enterprise Requirements (DBE) Plan Approval/Submission: Each contractor/vendor shall comply with all rules and regulations promulgated by the Federal Transit Administration of the U.S. DOT regarding participation of Disadvantages Business Enterprises in contracting opportunities by any contract awarded under this solicitation. As such, any bidder must complete and submit with any bid a Disadvantaged Business Enterprise Certification for Non-Rolling Stock Materials or Services as promulgated under 49 CFR Part 26.and other applicable laws and regulations. State and Local Law Disclaimer The use of many of the clauses delineated herein to comply with Federal requirements may be significantly affected by State law. In the event that the Code of Iowa may contain requirements that are not precluded by federal statute, state law or local shall be applicable. If the Contractor has reason to 11 believe that any discrepancy exists between local, state, or federal requirements, it is incumbent on the Contractor to request in writing that a determination be made and issued by the Procurement Administrator to resolve any such discrepancy. Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms and conditions required by DOT, whether or not expressly set forth in the provisions of this solicitation. All contractual provisions required by DOT, as set forth in FTA circular 4220.1 D., dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this solicitation or contract awarded thereof. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests made by the IPTS/Transit Agency, other participating Iowa public transit systems, or the Iowa DOT which would cause any of these parties to be in violation of FTA terms and conditions. * * *Non-Collusion Bidding Certification: Not Applicable per FTA c.4220.1 E, because this 28E agreement is to purchase service from another governmental entity. Prohibited Interest: No member. of, or delegate to, the Iowa State Legislature or the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising therefrom. No member, officer, or employee of the Transit Agency during his/her tenure or for one year thereafter shall have any interest, direct or indirect, in a contract or proceeds resulting from this solicitation. Certificate of Compliance: Each Contractor must submit a properly prepared and signed Certificate of .Compliance with Federal and this Solicitation's Requirements. Signing the form obligates the vendor to all requirements of this solicitation and constitutes the vendors assurance that it has the capacity and intent to deliver the services agreed upon or delineated as the scope of Contractor responsibilities in a manner that conforms with or exceeds federal and state standards and the transit agency's minimum requirements which are herein delineated or incorporated by reference into a Transit or Professional Services Agreement. Declaration of Project Federal Assistance, Payment for Services Federal assistance is anticipated to defray approximately 20% (but not greater than 80%) of the budgeted project costs of the work or item(s) being purchased. Federal assistance for the items being purchased cannot be reimbursed to the purchaser (Transit Agency) by the Iowa Department of Transportation or the Federal Transit Administration until such work /item is delivered, inspected, and accepted. Unless otherwise detailed in writing, payment for the item(s) purchased shall not be made to the Contractor until approximately 30-45 days after the date an items is accepted by the Purchaser's Project Manager/transit agency and concurrence is given, if such is required by the Iowa DOT as the grantee Protest of Solicitation Administration Any party may initiate a protest of these provisions or decisions made pursuant to them in accordance with the protest procedure issued as part of this solicitation. See Protest Provision Retention of Payment: A reasonable portion of the amounts payable may be retained to assure correction of service deficiencies and compliance with the provisions of the Transit or Professional Services Contract jointly executed by the Transit Agency and the Contractor. The Contractor shall be informed in writing of all such items failing to meet provisions agreed upon and the amount retained for each item. W:\wpdata\jccogtpllowa City 28E Agreement for FY09 to FY13.doc 12