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Home My WebLink About1980-06-17 ResolutionN .�. RESOLUTION NO. 80-205 RESOLUTION APPROVING CLASS 0 LIQUOR CONTROL LICENSE APPLiC= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approvesfor the following named person or persons at the following described location: Iowa City Aerie #695 of The Fraternal Order of Eagles, j 225 Hwy 1 SW Box 507 Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Ferret that the Resolution as res a adopted, and upon TETT caiT there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of Attest: City Clerk June , 19 80 —D�eor�.��_.. a or MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I&S I W RESOLUTION NO. 80-206 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: Iowa City Aerie #695 of The Fraternal Order of Eagles, 225 Hwy 1 SW Box 507 it was moved by vevera and seconded by Per that the Resolution as reade adopted, and upon rol ca t ere were: Balmer Lynch Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: x Passed and approved this 17th day of June 19 80 . yor Attest: City Clerk MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES ///S RESOLUTION NO. 80-207 RESOLUTION APPROVING CLASS c LIQUOR CONTROL LICENSE APPLiLrd'= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class c Liquor Control License application is hereby approves for the following named person or persons at the following described location: I Roy L. Chopek Post 017 dba American Legion, 3016 American Legion Road Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Perret that the Resolution as re—a be adopted, and upon sol ca there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of 'June 1980 Attest• ' /L - � City Clerk Z MICROFILMED BY JORM MICR+LAE1 CEDAR RAPIDS • DES MOINES ///6 a RESOLUTION NO. 80-208 f RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: f Walgreen Co. dba Walgreens, 1646 Sycamore Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. - It was moved by Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x i Erdahl x I Neuhauser x Perret x ) Roberts x Illi Vevera x 1 Passed and approved this 17th day of June 19 Flo j Attest: City Clerk 4 ///7 MICROFILMED BY JORM MICR�LA13 CEDAR RAPIDS • DES MOINES - - RESOLUTION NO. 80-209 RESOLUTION OF APPROVAL OF CLASS C PERMIT APPLICATION SUNDAY BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Walgreen Co. dba Walgreens, 1646 Sycamore Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded b rret that the Resolution as read be adopted, and uponyroll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of 19 80 June , yor — - Attest: City Clerk MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES RESOLUTION NO. 80-210 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLMTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�For the following named person or persons at the following described location: EECH, Inc. dba Gabe 'N' Walkers, 330 E. Washington Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by r that the Resolution as resre a adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x x x Roberts Vevera 9 Passed and approved this 17th day of June 1960 .M'a`yor : / Attest: _Alt ,u�J City Clerk MICROFILMED BY DORM MIC R�ILAB CEO.R RAPIDS 0 DES MOINES i i i RESOLUTION NO. 80-211 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, or liquor control license, to wit: EECR, Inc. dba Gabe 'N' Walkers, 330 E. Washington It was moved by Vevera and seconded by Perret that the Resolution as read e adopted, and upon rol c—a l tfeie were: AYES: Balmer x Lynch x Erdahl Neuhauser x Perret x Roberts x Vevera x NAYS: ABSENT: x Passed and approved this 17th day of June , 19 80 or Attest:_ .�C-L City Clerk MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES RESOLUTION NO. 80-212 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTnTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve or the following named person or persons at the following described location: Keith W. Dempster dba The Mill Restaurant, 120 E. Burlington Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Perret that the Resolution as res a adopted, and upon =ZT c�I there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhaueer x Perret x Roberts x Vevera x Passed and approved this 17th day of June 19 80 \'3ayor i Attest: City Clerk MICROFIL7DE JORM M CEDAR RAPIDS n RESOLUTION N0. 80-213 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Keith W. Dempster dba The Mill Restaurant, 120 E. Burlington Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: j AYES: NAYS: ABSENT: Y5&g Balmer x _i_. yn c h x Erdahl x Neuhauser x y(� Perret x f Roberts x i Vevera x 1 19 80 Passed and approved this 17th day of June or i Attest: City Clerk r MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES RESOLUTION NO. 80-214 % RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLILrATI7jp BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve or the following named person or persons at the following described location: � David L. Alberhasky dba Dave's Foxhead Tavern, 402 E. Market i Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City to heendorsed Cupon the lapplication l cause a eand forwardcommendationthersaapp meroval together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by vevera and seconded by Perret that the Resolution as res a adopted, and upon ro ce there were: AYES: NAYS: ABSENT: Balmer. x Lynch x —� Erdahl x Neuhauser x Perret x Roberts Vevera x Passed and approved this 17th day of .rune 80 19 Attest: f Z/ City Clerk ,I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Ad o RESOLUTION N0. 8080 RESOLUTION APPROVING CLASS c LIQUOR CONTROL LICENSE APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class p c Liquor Control gLicense application is herebatathrove oingthe deecribednlocationed pereon or Copper Dollar of Iowa City, Inc. dba Copper Dollar, and Loft,211 Iowa Ave. Said aproal shall o any ons re strictionsvhereafter bimposedcbye subettordinance dorir State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial 9 responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by vevera and seconded by Perret that the Resolution as rete adopted, and upon r0I ca there were: AYES: NAYS: ABSENT: Balmer X --L).nch X Erdahl x Neuhauser =. -- Perret X ---- Roberts X Vevera x-- Passed and approved this 17th day of June , 19 80 p or Attest: City Clerk MICROFILMED BY JORM M177 LAB 11111 RAPIDS • DES MOINES H IESOLUTION N0, RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTZRrM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve or the following named person or persons at the following described location: Breadbasket Corp. dba The Bread Line, 325 E. Washington Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved y and that the Resolutionas res raseconded e adopted, andupon =o7ic ll there were: AYES: NAYS ABSENT: Balmer x Lynch x —� Erdahl x Neuhauser x Perret __ — Roberts x Vevera x Passed and approved this 17th i I day of .Tune � lg 80 Mayor Attest: City Clerk MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES N 0 City of Iowa May MEMORANDUM Date: June 17, 1980 To: Abbie Stolfus From: W. H. Kendall AW G%2={lin Re: Liquor License, The Bread Line, 325 E. In the interest of expediting this liquor license, we have signed the application form. The owner intends to finish the remodeling of this building and open his business by June 23, 1980. However, after inspecting the project, it is possible the remaining work will not be accomplished by this date. Should the City Council approve this application, we respectfully request the license be held until the Building Inspection Department has approved the completed construction. bj2/1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES RESOLUTION NO. 80-217 RESOLUTION APPROVING CLASS B LIQUOR CONTROL LICENSE APPLiZ'A'(`raA ;�1 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Liquor Control License application is hereby approve or the following named person or persons at the following described location: Howard Johnson Company & McLean Enterprises, Inc. dba Howard Johnson's Restaurant & Motor Lodge Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall rause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibilitysurety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Perret that the Resolution as res a adopted, and upon ioZl call there were: Passed and approved this 17th day of June abayor Attest: �2zz-,__,zzz, City Clerk MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES 19 80 AYES: NAYS: ABSENT: !Balmer x 93�n c h Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of June abayor Attest: �2zz-,__,zzz, City Clerk MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES 19 80 i RESOLUTION NO. 80-218 RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Permit application is hereby approved for the following named person or persons at the following described location: Howard Johnson Co. S McLean Enterprises, Inc. dba Howard Johnson's Restaurant S Motor Lodge Said approval shall be subject to any conditions or restrictions i hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x k Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of June , 19 80 tyor j Attest: City Clerk / I i MICRO.',?i--11) BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES R u RESOLUTION NO. 80-219 RESOLUTION TO REFUND BEER PERMIT WHEREAS, _ Hilltop Tavern at 1100 N. Dodge St has surrendered Beer Permit No. 1550 , expiring 2/28/81 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 225.00 , payable to Edna Eldeen for refund of Beer Permit No. 1550 It was moved by Vevera and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl Neuhauser Perret Roberts Vevera X X X Passed and approved this 17th day of ,Tune , 1980_ ayor Attest: City Clerk MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES //oW RESOLUTION NO. 80-220 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct taax required by law for the sale of cigarettes and cigarette papers; therefore, I BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a Permit persons and firms to sell cigaretteao the following named papers and cigarettes: J See attached list 81-1 to 81-47 It was moved by Vevera and seconded by that the Resolution as read dopted, and uponroll Ea here were: AYES: NAYS: ABSENT: I Balmer x Lynch_ x Erdahl X Neuhau_ s� ems_ x } Perret x Roberts x � ' Vevera x Passed and approved this 17th day of .Tun I I I �— Mayor Attest: �iu. -, j City Clerk i I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Res: Date Walgreens - 1646 Sycamore Iowa City Sav-Mor 11104 - 1104 S. Gilbert St. Pester Derby Oil Co. - 606 S. Riverside Dr. Quik Trip #503 - 123 W. Benton Quik Trip 11509- 225 S. Gilbert The Airliner - 22 S. Clinton St. Needs, Inc. - 18 S. Clinton St. Iowa City Aerie 11695, Eagles, Box 507 225 Hwy 1 SW George's Buffet, Inc., 312 Market St. The Brown Bottle, 114 Clinton St. Eagle Discount Supermarket 11157, 600 N. Dodge Eagle Discount Supermarket 11220, 1101 S. Riverside Drive May's Drug Store 11198, 1101 S. Riverside Dr. 7 -Eleven #18048, 820 1st Ave. John's Grocery, 401 E. Market Drug Fair 114, 2425 Muscatine Ave. Drug Fair 119, 121 E. Washington Walt's Tavern, 928 Maiden Lane Gabe 'N' Walkers, 330 E. Washington Leo's Standard Service, 130 N. Dubuque Discount Dan's Shell, 933 S. Clinton Imperial Oil Company, 1854 S. Riverside Drive Amelon's Skelly Services, Inc., 204 N. Dubuque St. K -Mart Store 114315, 901 Hollywood Blvd. Owens Brush Co., Lower Muscatine Rd. Moore's Business Forms, S. Riverside Dr. American College Testing Program, Hwy. 1 & I-80 Sambo's Restaurant, 830 S. Riverside Dr. Pearson's Drug Store, Inc., 202 N. Linn St. Mott's Drug Store, 19 S. Dubuque St. Seaton's Cash & Carry Market, 1331 Muscatine Ave. Hy -Vee Food Store 92, 310 N. 1st Avenue' Hy -Vee Food Store 113, 1201 N. Dodge Drugtown 112, 1221 N. Dodge Dividend Bonded Gas, 320 S. Dubuque St. Hy -Vee Food Stores, Inc., 501 Hollywood Blvd. Bill's I-80 DX Service, Rt. 2 Residence Services -Vending Service, Burge Hall, Iowa City Residence Services - Burge Hall, Burge Hall, Iowa City Residence Services - Currier Dining Services, Burge Hall, Iowa City Residence Services - Hillcrest Dining Services, Burge Hall, Iowa City Residence Services - Quadrangle Dining Services, Burge Hall, Iowa City The Annex - 819 1st Ave. Comer's Pipe & Gifts, 13 S. Dubuque Foxhead Tavern, 402 East Market St. Ware & McDonald Service Station, 828 S. Dubuque St. The Bread Line, 325 E. Washington MICROFILMED BY DORM MICR+LAS CEDAR RAPIDS • DES MOINES /Q5 RESOLUTION NO. 80-221 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE AFPLTZ`ATTdA BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class c Liquor Control License application is hereby approvrr —e Tor the following named person or persons at the following described location: Lawrence A. McNertney dba Sycamore Eating & Drinking Co., Mall Shopping Center Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by Veve and seconded by � that the Resolution as ries-3-Fe—adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts Vevera Passed and approved this x x 17th day of June 19 80 Attest: City Clerk MICROFILFIED BY DORM MIC R+LA0 CEDAR RAPIDS • DES MOINES 6 RESOLUTION NO. 80-222 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER CITY PARK BIKE TRAIL - FY81 DIRECTING CITY CLERK To PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 1St day of July , 19 80 , at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl Lynch x Neuhauser s Perret x Roberts x Vevera Passed and approved this 17th day of Jun 19 80 . Mayor ATTEST: City Clerk' •I a1 l f'; ; _•.�•..:i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES RESOLUTION NO. 80-22 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY81 ASPHALTIC RESURFACING PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIRING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plane, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. ;j NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plane, specifications, form of contract, and estimate of cost for sthe construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of the bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 8th day of July 19,-80, Thereafter, the bide will be opened by theCity Enoineer , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 15th day of July , 19 80 . MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ton, ivn.j 8 App-nvrti By Tha legal D,;partme:.f r-, Page 2 Resolution No. 80-224 It was moved by Roberts and seconded by Neuhauser that the Resolution as rea ed -6 a�teT, and upon roll Ca tere were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 17th day of June , 1%0 ATTEST: J CITY CLEW MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES MAYOR RESOLUTION NO. 80-225 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT PROVIDING FOR THE MUTUAL RESCISSION OF AN URBAN RENEWAL CONTRACT BETWEEN THE CITY OF IOWA CITY AND NORTH BAY CONSTRUCTION, INC. (URBAN RENEWAL PARCEL 82-1b). WHEREAS, the City of Iowa City, Iowa, and North Bay Construction, Inc., entered into a Contract for the Sale of Land for Private Redevelopment on June 25, 1979, which Contract has been recorded with the Recorder of Johnson County in Book 550, Page 95; and, WHEREAS, the parties deem it desirable to enter into an agreement mutually rescinding said Contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is authorized to sign and the City Clerk to attest an agreement between the City and North Bay Construction, Inc., mutually rescinding the Contract for the Sale of Land for Private Redevelopment executed on June 25, 1979. 2. That the City Clerk is directed to certify a copy of this resolution and said agreement to the Recorder of Johnson County, Iowa. It was moved by Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer _x Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 17th day of June 1980. �e� ATTEST: a CITY CLERK i MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES Received A Approved by Tfie Legal Department LN. 06 //,fs e 11 Si q �R � e RESOLUTION NO. 80-225 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT PROVIDING FOR THE MUTUAL RESCISSION OF AN URBAN RENEWAL CONTRACT BETWEEN THE CITY OF IOWA CITY AND NORTH BAY CONSTRUCTION, INC. (URBAN RENEWAL PARCEL 82-1b). WHEREAS, the City of Iowa City, Iowa, and North Bay Construction, Inc., entered into a Contract for the Sale of Land for Private Redevelopment on June 25, 1979, which Contract has been recorded with the Recorder of Johnson County in Book 550, Page 95; and, WHEREAS, the parties deem it desirable to enter into an agreement mutually rescinding said Contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is authorized to sign and the City Clerk to attest an agreement between the City and North Bay Construction, Inc., mutually rescinding the Contract for the Sale of Land for Private Redevelopment executed on June 25, 1979. 2. That the City Clerk is directed to certify a copy of this resolution and said agreement to the Recorder of Johnson County, Iowa. It was moved by Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer _x Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 17th day of June 1980. �e� ATTEST: a CITY CLERK i MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES Received A Approved by Tfie Legal Department LN. 06 //,fs RECISION OF URBAN RENEWAL CONTRACT This agreement, made and entered into thisl7tilay of June, 1980, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter called City, and North Bay Construction, Inc., herein- after called Redeveloper. Whereas, the City and Redeveloper entered into a Contract for the Sale of Land for Private Redevelopment on June 25, 1979 of Parcel 82-1b, which has been recorded in Book 550, Page 95, Johnson County Recorder's Office; and Whereas, the City and the Redeveloper deem it desirable to rescind said Contract; It is therefore agreed by and between the City and the Redeveloper: 1. The Contract entered into on June 25, 1979, is hereby mutually rescinded, thereby releasing the City and Redeveloper from any and all claims, rights and liabilities under the Contract. 2. The Redeveloper's good faith deposit of $5,000 paid to the City pursuant to the Contract, shall be refunded to the Redeveloper without any accumulated interest. CITY OF IOWA CITY NORTH BAY CONST UCTIONl, INC. 4-Z�4 or / Attest: (�` Attes G�2 Clerk MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES //,S3 RESOLUTION NO. 8 0- 2 2 6 RFS=ION AUTHORIZING E}mCI1 oN OF AN AGREEMENT WITH BRUCE R. AND FLORENCE E. GLASGOW OF IOWA CITY, IOWA WfuREM, the City of Imra City, Iowa, has negotiated an agreement with Bruce R. and Florence E. Glas ow , a copy of said agreement— being—at—ta—cfe—T—to—ItEs Resolution and by Eas reference made a part hereof, and, WHEREAS, the City Council deans it in the public interest to enter into said agreement with Bruce R. and Florence E. Glasgow of Iowa City, Iowa for fifty (50) percent of the cost of the engineering design and construction of the North Dodge Street Court Sewer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Bruce R and Florence E. Glasgow 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Vevera and seconded by Roberta the Resolution be adopted, upon ro and there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser _ x Perret x Roberts x Vevera Passed and approved this 17th day of June , 1980. ATTEST: MICROFIL711111A111 JORM M CEDAR 11P115 �1� i. lli 1J:�1 u1 i 0 January 24, 1980 Mr. Bruce Glasgow 834 N. Johnson St. Iowa City, Iowa 52240 Re: Sanitary Sewer Extension/North Dodge Street Court Dear Bruce: . The City Council at its informal session,on January 21 approved the concept of splitting the cost for a sanitary sewer extension to serve the east end area of North Dodge Street Court. Since the estimated cost of the project is in the $12,000-$15,000 range, the desirable method to pursue this project to completion is for you'to be the contracting authority. Because the City's share will be less than $10,000, it is not necessary that we go through formal contract procedures in order for us to contribute our 50% share. In general, the following guidelines should be followed for this project: 1. Glasgow hires a consulting firm to perform the design work (City to pay 50%); 2. Glasgow will hire a contractor to construct the project (City to reimburse Glasgow for 50% of the cost); 3. The City will participate in a project to install a manhole at the eastern end of North Dodge Street Court. Further extensions may be made by Glasgow but would not be eligible for cost participation; 4. The design work by the consultant should include necessary easement acquisition; 5. Dickens should be consulted regarding the actual location in the early stages; 6. The City and Glasgow will enter into an agreement similar to "over - width paving agreements"; and 7. The City intends to enter into an agreement with Dickens in hopes of recapturing a portion of the City's costs by a tapping fee arrangement. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES r �i Mr. Bruce Glasgow January 24, 1980 Page 2 Since Dickens will only get a benefit from the sewer for a specified number of acres, your consultant should attempt to estimate this figure for use in the agreement with Dickens for a tapping fee. Also, I would like to review the preliminary plans for the project as they become available so that we won't "surprise each other" later on. To give you most security regarding the City contribution for this project, it is probably important to develop the agreement between the City and yourself as soon as a fairly firm cost estimate is available. I will leave the actual timing of this matter to your discretion. If you have any further questions regarding this, please contact me and we will discuss it further. Sincerely, Eugene A. Dietz City Engineer bj4/3-4 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ■ 0 AGREEMENT Bruce R. Glasgow and parts of WHEREAS, Florence E. Glasgow are*�: the Owners ofAots five and six in Ricords Subdivision, an Addition to the City of Iowa City, Iowa, according to the recorded plat thereof, and WHEREAS, the property is not served by sanitary sewer, and WHEREAS, the City Council of Iowa City, Iowa, concurs that the Owner shall install an 8" public sanitary sewer from the northeast trunk sewer to the east end of North Dodge Street Court, and WHEREAS, the City of Iowa City has agreed to reimburse the Owner for fifty percent of the cost of said improvement and said cost has been determined to be less than Ten Thousand Dollars ($10,000), and that no bids are required pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa City has determined that a cost not to exceed ---$7 485 25 ---- is a fair and reasonable price for fifty percent of the cost of the improvement. IT IS THEREFORE AGREED, by and between the parties as follows: 1. The Owner shall contract for the design, construction staking, and installation of said sanitary sewer consistent with plans approved by the City of Iowa City and shall be responsible for constructing the sanitary sewer in accordance with applicable Ordinances, rules, regulations, and specifications of the City of Iowa City, Iowa. 2. That upon completion of the sewer improvement and the acceptance of the work by the City of Iowa City, that the City of Iowa City shall pay to the Owner, fifty percent of the cost of the improvement, but not to exceed --57,985.25----- as full payment for its share of the improvement. 3. The Owner shall have the right to install additional sewer in the r project, but the City of Iowa City shall participate in the cost to bring the sewer to the eastern extremity of North Dodge Street Court only. 4. The Owner shall obtain all necessary public easement for the construction of the improvement and shall provide the City of Iowa City recorded copies thereof. 5. The Owner shall provide the City of Iowa City engineering o�ieFuihaari°Nner herein which determine a probable number of total acres by property owner/to be served 2 by the improvements to enable the City of Iowa City to develop appropriate reimbursement agreements for properties served by the improvement exclusive of property under control of the Owner at the execution date of this agreement. 6. It is understood and agreed by and between the parties that nothing 1 herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the Ordinances, rules, regulations or specifications of the City of Iowa City, and the Owner hereby agrees to comply with all Ordinances, rules, regulations and specifications of the City of Iowa City, and all of the laws of the State of Iowa. Dated at Iowa City, Iowa, this 23rd day of May ,_A.D., 1980. CITY OF IOWA CITY, IOWA n - �/~ Mayor —•mac_ By: /1ll« GYM Attest: �{�,,,,��u' Byy' ` LPG!Llrc�cl�c� City Clerk ?��PProved or nce� as ow J— By The Legal Department JORM MICR4�LAB CEDAR RAPIDS • DES MOINES DRAKE CONSTRUCTION, it Hwy. 92 West P. 0. Box 8 WINTERSET, IOWA 50273 (515) 462.2587 i l 'n OPOSAL SUBMITTED TO � �1�5 PHONE DATE leu„E.: � ; . C�a 1t,=1 ITNEET OB NAME All nmlenel Isguaranteed 10 to es lmeellleo. All worts to be =Phffed In a worlmenllAe y� On dc' ECI.Q1 &J'T :7LEAl C.A IDJ STATE and ZIP 600tE J00 LOG t10N .JF ---Zoo. 131�SZ0 ,Sc: HICInTECT I DATE OF PLANS JOB PHONE 11ir V170PL1LIC hereby to furnish material and labor ``-complete In accordance with specifications below. for �the sum �of: �..• �,.L ~�h �) h � All I J �I —dollars ($-Z() 1. L.� 1,.2 - .� �. Payment to bZimads as follown: PAII) t,,llrc I�L�'1hc 1=Tor 1�10A,1I.1 13A 1t,=1 I�d� C:.= aCCEPTo\012E or All nmlenel Isguaranteed 10 to es lmeellleo. All worts to be =Phffed In a worlmenllAe Authorized nor according to tlanduo elecllcn Any a1101tl1on or davlellan from aoecllkallona be- Signature. lc.n m„ebmg ..h. Coate will be oraculad only upon written orders, end will became an ---Zoo. 131�SZ0 ,Sc: Cara caerpa over end a0ore IM estimate. All e0roament• contingent u0on Orlkea. acct- : aunts or delays beyond our control. Owner to carry hire. tornado and other necessary wh�d(awn I ,nwnnce Our workers ata fully covered by Worl.m Me Compensallon Insurance. We hereby submit specifications and aalimalos for: 2 D.007 iI' 1062S.So . t” Nola: This proposal may be�'" r - by us II not SCCeptod %Vlln �/day.. If`I l�Qopl�IAe�neic C ISUUt1-�cA. g5cU.tu I IIIA ,,�oLE C� 100090, ►opo. o0 Tr -JN (JI ZS0"%A zso.cu bI I dl ou I) ---Zoo. 131�SZ0 ,Sc: I 1\T1L,,� IZ i 1Z' 6" V.C. gil"li.t, 43Is. 8o L IArJtlCLE C") I000 c'4A. Zb OO. oo Illy) '1 2 D.007 I IOIALPM5eT1 1062S.So . ToTAL�hgseZAOo11 ZoIg4b,3o I� OV111l1__11 I �ES?L`ZATII:IJ ICkSE J- !DE (Kr�,) CLIf-�+ I SC IT 1r15TALLF-r,) I _t)CAD 1-)1.)10L Al?UL TO PIPE INCIIACSE0 Int tOOZAue PRICE OF PIPE / a)'n 61411 '1 1\\ IME.AE121AL 04 ROAD StAZFACE AAATEQ rAL W10 bF- 1`rl.1t, Al �tiIT PGCE 1 GcPtPED hBauE v �`tL,tiE1l -I'r_ �T"QoiSN QEASUIJAFALLI CLOSE LLCATIOK) Fol I 1 , �- A 411c',k 0 EXT fZ/� 1 � /� "OSt C F 03O01—,, ri A rritlita 1rr Af VCOV1113tt( — The above prices, specifications mid condillnn. are satisfactory and are hereby accepted. You are authorized Signature to ,le the work as spoclllod. Payment will be made as outlined above. i� , " Onte of ACcoptnnca Signature j tuner I., T ....m. we oleo I f JORM MICR40LAB CEDAR RAPIDS a DES MOINES I II • Z 1. w f j M MMS CONSULTANTS, INC. 465 IOWA HIGHWAY NQ WEST • IOWA CITY IOWA 52240 319-351- 8282 i June 02, 1980 Mr. Bruce Glasgow 834 North Johnson Street Iows City, Iowa 52240 RE: Dodge Street Court Sanitary Sewer Extension Phase One IOWA City, Iowa Dear Mr. Glasgow: We propose to furnish engineering services in the amount of $2,150.00 relative to the above referenced project and phase. Rospectfully submitted, MMS CONSULTANTS, INC. Chrietop erh M. Stepher'�r� CMS/ces l7 Z w f ..v rtwr rvua.n��rwo CEDAR RAPIDS DES MOINES Ronde R. M.y., RE.d Ll Rob.rl 0. Mlek.l.00 L-1 Lally R. ach;.:Iqu LJ chrl.lopMl Y. 81.Ph.n P.r READVE_R_TISEIIENT FOR BIDS !� 1�— I Ji� l . IY c rcr 1, 11 Ci c<`ci �wti r�J,: JC h.PKIi i r �L '�J• O I� h J S.ciu...r:Ik RF A i - PrC,i. 7 P Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. onthe 10th day of June _719Aand opened inrnediately thereafter by the City Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on June 17, 1980 or at such later time and place as may then be fixed. The work will involve the following: The construction of curb ramps and the removal and replacement of sidewalk and other incidental work including grading, tree root removal, seeding, saw- ing, etc. required to complete the project. All work is to be done in strict compliance with the plans and specifications prepared by Charles J. Schmadeke P.E., Cit Engineer' of Iowa City, owa, which have heretofore been approved by the City Council, and are on file for Public examination in the Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Ames, Iowa. Each proposal shall be made on a form furnished by the City and must be accompanied by a bid bond or cashier's or certified check drawn on an Iowa Dank or a bank charted under the laws of the United States and filed in a scaled envelope separate from the one containing the proposal, and in the amount Of $ 3000.00 made payable to the City I Treasurer o t e rTy of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the I successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or Hare bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. AF -I i /1.515 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i ^ successful bidder will be req�,_Ned to furnisn a bond in an anount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of _two (2) years from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days 50 Completion Date September 30, 1980 Liquidated Damages $100_00_ per day The plans, specifications, and proposed contract documents may be examined at the Office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Charles J. Schmadeke,P_E., City Engineer of Iowa City, Iowa, by bona fide bidders. Return all plans and specifications to the City Enineer's office in good condition within fifteen M) days after the opening of bids. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa.,. Abbie Stoffus City Clerk of Iowa City, Iowa AF -2 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES N$5 0 RESOLUTION NO. 80-227_ RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE NEIGHBORHOOD SITE IMPROVEMENTS - CURB RAMP AND SIDEWALK -------------- I.,_'....,. .,�. ,. WHEREAS, WOLF CONSTRUCTION, INC. has submitted the best bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to W01 F CONSTRUCTION INC fnr tha 1nw hid ofto " 545 .n0 subject the condition that awardee secure adequate performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x X x x x x x ABSENT: Balmer Erdahl Lynch Neuhauser Pe rre t Roberts Vevera Passed and approved this 17thday of June , 1980 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES MAY R ATTEST: (//Gc� _•G--Jti-fJ CITY CLERK i• MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES MAY R CONTRACT THIS AGREEMENT, made and entered into this day of 19k7_, by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 25th day of Agri] 1980 , for the Neighborhood Site Improvements -Curb Ramp and Sidewalk Repair Program (Highland Neighborhood) under the terns and conditions therein fully stated and set forth, and Whpreas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to Perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers i b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Noti , of Public Hearing and Advertisement for Bids. CF -1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ASS e. Spial Provisions f. Proposal g. Thiq Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3.'. That payments are to be made to the Contractor in accordance.with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. Contractor (Seal) Seal.) (Title) _ Mayor (Title) ATTEST: ATTEST: (Title) City Clerk (Title)(Company Icia r. CF -2 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I 1 1 j i 1 e. Spial Provisions f. Proposal g. Thiq Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3.'. That payments are to be made to the Contractor in accordance.with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. Contractor (Seal) Seal.) (Title) _ Mayor (Title) ATTEST: ATTEST: (Title) City Clerk (Title)(Company Icia r. CF -2 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I 1 0 PERFORMANCE AND PAYMENT BONL, KNOW ALL MEN BY THESE PRESENTS THAT Wolf Construction, Inc., Iowa City, Iowa (Here insert the name an3 acUreBa or legal tale of the Contractor) �I a Principal, hereinafter called the Contractor and United Fire & Casualty Company, Cedar Rapids, Iowa as Surety, hereinafter (Here insert the legal title,of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter cal led. the Owner, in the amount of Twenty Four Thousand, Five Hundred Forty Five and No/100 Dollars ($24,545.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 1980 , entered into a Contract with Owner for.... Neighborhood Site Improvements - Curb Ramp and Sidewalk Repair Program (Highland Neighborhdod), Iowa City, Iowa In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration, or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: PR -1 MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES PSS 1. Complete the Contract in accordance with its terms and conditio— , or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of th'e Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The'Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of two' 2 years from the date of acceptance of the improvements by the Owner. D. No'right of action shall accrue to or for the use of any person or corporation other than the'Owner named herein or the heirs, executors, administrators or successors of Owner. MIcROrILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES i i 1 I 1. Complete the Contract in accordance with its terms and conditio— , or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of th'e Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The'Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of two' 2 years from the date of acceptance of the improvements by the Owner. D. No'right of action shall accrue to or for the use of any person or corporation other than the'Owner named herein or the heirs, executors, administrators or successors of Owner. MIcROrILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES i IT IS A FURTHER C04CITION OF THIS OBLIGATION than -the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS DAY OF c��L c`: 1 A.D., 19 80. IN THE PRESENCE OF: WOLF CONSTRUCTION, INC. %72 n cepa 421 y gess 4`t B �,<.••. % /�(.�➢ • to UNITED FIRE & CASUALTY COMPANY urpty By Witness(Title) torney-in-Fact and Iowa Resident Agent Pn.3 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES M i JI'I'I"D FIRE & CASUAL:rY COAIPANY HOME OFFICE — CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company — See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUA LTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, con• stitute and appoint Patricia R. Zahn, or L. Pieratt, Jr., or David F. Freiermuth, or Theresa Juhl, or Veronica Monaghan, or Lowell Zapf, or Samuel M. Beatty, All Individually of Waterloo, Iowa j its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lase• ful bonds, undertakings and other obligatory instruments of similar natureas follows: -- Any and all bonds -- and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. _ The Authority hereby granted shall expire January 30 , 1982 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V — Surety Bonds and Undertakings." Section 2, Appofnlmant of AIlprnaYAn•Fael. "The I'midant pr any Vice Prraldent, or anY other officer of the Company. may. from time to {Imo, appoint by w"tlan earllifea'ea altoenaYe•In•facl to art In beh"f nl the Cp'"'0' N the aaaeu"On of pollclea of Inaunnn, bonds, undanahln" and other Of,"" Innmman" of Ilka nature. Tha "[nature of any offfar atnha• aleed herby, and the CerpOla{I'* maY ba "timed by'Ic oluo to any power pf "{ornay or apeelil power of a{{ornayor ear• {Itlu{lon of "lhar wthorl ad hereby{ 1 eh aIonature and uah when ao uaeA, Ueln[ adoplaA by the Company a the o"[Inil ili nalor r of apeh officer and the orl[Inil u" of the Co -Pa. Y. to be Ydid and hind in. upon the Company with the aama farce and effect a thou[h man. IY affixed. Such allprnep•In•facl, _bfee{ to the Ilmitellnna let forth In ihe4 reap<ellve eertlflaals of aulhorllY {hall have full power to bind the Company by their "mature and eaerulinn of any ouch I.."ume nb and to algeh 11'. seal o11L Company ...11. The he"Aenl na any Vice Pre"Aent, Ihn nnard of 1)freel....... raor mY nlher ofllear of Ch. Co.. pray mq a{ mr time revoke dl power anq auljOnu Y pnvinu"Y [Ivan In any allnrne Y•In•/eel. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents ,,,,en�norn _._._.a`.. casu•;;.,, to be signed by its vice president and its corporate seal to be hereto affixed this 30 th q Please insert the date at the bottom A.D. 1980 . I of the Power of Attorney, the same Jdote used on the Contract and Bond, UNITED FIRE &CASUALTY COMPANY State of Iowa. County of Linn, ss: B Ice Q� er President On this 30th day of January 1980 ,before mepersonally came Richard J. Ehlinger to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instru• men,; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be tho act and dead of said corporation. ROGER G. HECKROTH "--,7 MY COMMISSION EXPIRES SePtember 30. 1Notary Public 980 My commission expires September 30,19 80 CERTIFICATION 1, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that 1 have compared the fore- going copy of the Power of Attorneyand affidavit, and the copy of the Section of ,he ByLaws of said Company as set forth in • �I said Power of Attorney, with the ORIGINALS ON FILE IN THE HOMEOFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the slid originals, and that the slid power of Attorney has not been revoked and is now in full force and effect. ititi "'�r., In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said '�/CORPORICC� cW �• COT" this r •!!� � 56AL g' �� day of `, �i /Cu/ 19 SO UND �2dV)fLR,a / "I Lr,,/,t{„•,�i'•a_„�'1:/ ... _r'' Secretary �/�f MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS a DES MOINES FORM OF PROPOSAL !� NEIGHBORHOOD SITE IMPROVEMENTS -CURB RAMP AND SIDEWALK REPAIR PROGRA14 (HIGHLAND NEIGHBORHOOD) CITY OF 1014A CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder Address of Bidder %/4,0GJi�in l /-?e/ 8d TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of $ 3,000.00 in accordance with the terms set forth in the "Standard Specifications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents,`including Addenda No. 1 0 , and and do all work at the prices here�ter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNITUAQ NTITY PRICE AMOUNT 1. Lip Curb P.C. Concrete complete Each 41 $ $ 2. Double Lip Curb P.C. Concrete complete 3. Sidewalk, P.C. Concret 4" (removal & replacement) Each 3 $ I2SY $ Sq. Ft. 8192 $ „?--Z-f $ TOTAL EXTENDED AMOUNT $�5 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 143rd u The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. . The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS FIRM: /r 1n,'1:-CCi✓Si/�Ci�%i/ / i'414:� By: /,—? r Tit e Business Address) P-2 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I u The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. . The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS FIRM: /r 1n,'1:-CCi✓Si/�Ci�%i/ / i'414:� By: /,—? r Tit e Business Address) P-2 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i RESOLUTION NO. 80-228 I RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AGREEMENTS WHEREBY THE CITY WILL ACQUIRE CERTAIN FARM TENANCY RIGHTS HELD BY RAY LACINA IN CONNECTION WITH THE SOUTH BRANCH RALSTON CREEK STORMWATER DETENTION PROJECT. ! WHEREAS, it is in the public interest to construct certain stormwater detention improvements (dam) in the South Branch Ralston Creek area in Iowa City and Johnson County; and WHEREAS, it is necessary to acquire certain farm tenancy rights now held by Mr. Ray Lacina in order to construct said dam, which rights exist in a growing crop and are separate and distinct under Iowa law and thus compensable under eminent domain; and WHEREAS, the CITY and Mr. Lacina have reached settlement regarding the crop "standing in the field", in lieu of condemnation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY: The Mayor is authorized to sign and the City Clerk to attest two Agreements with Mr. Ray Lacina as owner of certain farm tenancy rights, which Agreements constitute settlement in lieu of condemnation for losses to farm income in connection with the South Branch Ralston Creek Stormwater Detention Project. It was moved by xeuhauser and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer abstain Lynch X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 17th day of ,rune 19 80 . ATTEST: City Clerk JORM MICR+LAB CEDAR RAPIDS • DES MOINES 4W Mayor Recelvsd S A pppeved By the D°P+�n+enf 0 I Ii I r AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation, hereinafter called CITY, and Ray Lacina, of Johnson County, Iowa, hereinafter called OWNER. WITNESSETH: WHEREAS, the CITY has deemed it in the public interest to erect a dam on the south branch of Ralston Creek for flood control purposes, and for such purpose to acquire certain real estate and farm tenancy rights; and WHEREAS, the OWNER has farm tenancy rights in certain real estate located upon and adjacent to the dam site, some of which property has already been acquired by the CITY subject to OWNER'S farm tenancy rights herein; and WHEREAS, the parties in lieu of condemnation proceedings have agreed to the acquisition of certain farm tenancy rights of the OWNER by the CITY as just compensation for losses to the corn crop now standing in the field. IT IS THEREFORE AGREED AS FOLLOWS: 1. Purchase of Crop - Fee Area and Borrow Area The CITY shall purchase the entire corn crop now standing in the field on property owned in fee simple by the CITY, which property is approximately 28.05 acres and is more particularly described as Parcels 1 and 3 in Exhibit "A" attached hereto and by this reference made a part hereof. In addition, the CITY shall purchase the crop now growing on the borrow easement area known as Parcel 1-A containing approximately 6.14 acres, which borrow easement is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference. CITY covenants that the CITY is the legal successor in interest to the growing corn crop now located on the borrow easement area by reason of a separate Agreement with the fee owners Wilfreda and Albert Hieronymus, and will furnish a disclaimer in writing signed by the fee owners to Mr. Ray Lacina by July 15, 1980. 2. Compensation In consideration for receipt of a lump sum payment in the amount of $14,500. OWNER agrees to continue to nurture, CEDAR RAPIDS • DES MOINES I , 1 u 2 maintain, cultivate, harvest and market the corn crop now standing in the field on the approximately 34.19 acres, which payment is based on an estimated crop value of $390 per acre; said payment shall also include losses for reduced efficiency i due to interference with Tine cultivation and destruction of crossing areas, together with any losses to the crop now growing on the Flowage Easement which may result from flooding the flowage easement during and/or after construction of the dam. OWNER acknowledges that said Flowrago Easement has been duly executed between the CITY and the fee owners in a separate agreement which has been recorded in the Johnson County Recorder's Office; and further, said flowage easement is more commonly known as Parcel 2 as described in Exhibit "A" attached hereto and by this reference incorporated herein. 3. CITY shall be entitled to possession of said crop for purposes of construction of a dam, including removal of the top soil containing the growing crop in the borrow area denoted as Parcel 1-A, plus any grading, dredging, bulldozing, shaping and/or other removal of earth required to complete construction of the dam. CITY agrees to stake out markers as guidelines to i the CITY'S contractor in order to minimize the number of acres damaged during construction of the dam. CITY further agrees to limit the contractor to a reasonable area for construction in order to minimize damage to the growing crop. 4. OWNER agrees that the CITY'S possession of said crop area is for purposes of dam construction, and that crop losses resulting therefrom shall be treated as compensated in full I herein, regardless of total size of damaged area. In return, OWNER agrees to reimburse CITY for rental payment at $125 per acre for those acres which are successfully harvested during the fall of 1980 out of the total 34.19 acres being farmed by OWNER and now owned by the CITY (Parcels 1 and 3), together with j the borrow easement (Parcel 1-A). Total acres harvestable shall be determined as follows: a. OWNER, Mr. Ray Lacina, and Mr. Charles Schmadeke, City Engineer, shall together view the entire 34.19 acres and determine the harvestable acres at time of harvest, which harvest shall be during October or November of 1980; 1 CEDAR RAPIDS • DES MOINES I I I 3 and in any event shall be no later than November 1, 1980. Only acreage which contains harvestable crop shall be calculated for rental payment to the CITY. b. Payment shall be made payable to the CITY, care of Charles Schmadeke, City Engineer, at the rate of $125 per acre; which payment shall be made by OWNER no later than December 1, 1980. Parties agree that said calculation of said harvestable acreage and payment shall complete the two- step transaction herein; and together these transactions shall constitute "just compensation" under Iowa law. 5. The provisions hereof shall be for the benefit of and bind the personal representatives, heirs, and assigns of the OWNER and the CITY; and the terms and conditions set forth above shall constitute the entire agreement among and between the parties. Dated this —C2 day of June, 1980. CITY OF IOWA CITY: MR. RAY LACINA: ATTEST: �� CITY CLERK STATE OF IOWA SS JOHNSON COUNTY On this �_ day of June, 1980, before me, the undersigned, a Notary Public in and for State of Iowa, County of -Johnson, personally appeared Ray Lacina, to me known to be the identical person named in and who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. G -A/�C6(7� NoW ry Public in and for said County and State My Commission expires I Recoivod A Approved By Tho Legal Dopa*rwe JORM MICR+LAS CEDAR RAPIDS • DES MOINES I I EVUBIT "A" Parcel 1: Beginning at the h'cst quarter corner of Section 18, Tamship 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence N 0043139" W 1052.00 feet along the Westerly line of the Northwest fractional one quarter of said Section 18 to a point (this is an assiuned bearing for the purposes of this description only); thence N 44°08'19" E 602.30 feet to a point; thence N 2051110" E 400.23 feet to a paint of intersection with the Southerly line of property described in Warranty Decd recorded in the Johnson County mcorder's office , Book 395, Pnge 317; thence South 89028'11" E 1025.53 feet along said Southerly line to a point; thence S 51013'26" W G90.75 foot to a point; thence S 21001145" W 209.73 feet to a point; thence S 0043139" E 756.03 toot to a point; thence N 88039'59" W 803.97 feet to a point; thence S 0°43139" E 510.00 feet to a point of intersection with the Southerly line of said Northwest fractional one quarter of Section 18; thence N 88°39'59" W 50.03 feet to the point of beginning; and containing 25.26 acres more or less. Parcel 1-A: Camtencing as a point of reference at the West quarter corner of Section 18, Tomship 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iaua; thence N 0043'39" W 1052.00 feet along the Westerly line of the Northwest fractional one quarter of said Section 18 to the point of beginning of the tract herein described (this is an assumed bearing for purposes of this description only); thence continuing N 0°43'39" W 836.22 feet to the Southerly line of a parcel described in Warranty Deed recorded in Johnson County Recorder's office, Book 395, Pagc 317; thence S 89028111" E 450.00 feet along said Southerly line to a point; thence S 2051'10" W 400.23 feet to a point; thence S 44°08'19" W 602.30 feet to the point of beginning; and containing 6.14 acres more or less. Parcel 2: Canrencing as a point of reference at the West quarter corner of Section 18, Township 79 North, Range 5 West of the fifth Principal Meridian, Johnson County, Iava; thence. South BBI 39' 59" East 50.03 feet along the Southerly line of thc Northwest fractional one quarter of Section 18 to a )x;int (thin is nn asnwl>ed Ixaring for purposes of this description only); thence North 01 43' 39" West 400.00 feet to the point of beginning of the tract herein described; thence continuing North 00 43' 39" West 110.00 feet to a point; thence South 880 39' 59" East 803.97 feet to a point; thence North 00 43' 39" West 756.03 feet to a point; thence North 21° 01' 45" East 209.73 feet to a point; thence North 510 13' 26„ East 690.75 feet to a point of intersection with the Southerly line of property described in Warranty Deed recorded in the Johnson county Recorder's office, Book 395, Page 317; thence South 890 28' 11" East 80.51 feet along said Southerly line to a point- thence South 361 20' 14" West 120.67 feet to a point; thence South 48° 19' 42" west 228.66 feet to a point; thence South 340 39' 04" West 235.70 feet to it point; thence South 71 33' 28" East 114.71 feet to a point; thence South 470 50' 07" West 114.17 feet to a mint; thence South 331 43' 42" West 179.71 feet to a point; thence South 16° 49' 09" East 186.22 feet to a point; thence S 340 21' 44" East 194.21 feet to n thence South 38' 41' 49" East 237.80 feet to a point; thence South 760 29' 13" West 147.89 feet to a point; thence North 88° 20' 52" West 155.77 feet to a point; thence South 130 13' 32" East 222..02 fret to n point; thence North 820 46' 48" West 213.36 feet to n mint-; thence North 850 02' 31" West 196.97 feet to a point; thence North 830 56' 46 West- 195.82 feet to a point; thence North 70° 17' 33" WcsL .14.76 fcet to a point; thence North 88° 39' 59" West 308.71 feet to the roint- of beginning; and containing 10.08 acres more or less. EXNTBTT "A" Ilee I CEDAR RAPIDS • DES MOI;IES a. EVUBIT "A" Parcel 1: Beginning at the h'cst quarter corner of Section 18, Tamship 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; thence N 0043139" W 1052.00 feet along the Westerly line of the Northwest fractional one quarter of said Section 18 to a point (this is an assiuned bearing for the purposes of this description only); thence N 44°08'19" E 602.30 feet to a point; thence N 2051110" E 400.23 feet to a paint of intersection with the Southerly line of property described in Warranty Decd recorded in the Johnson County mcorder's office , Book 395, Pnge 317; thence South 89028'11" E 1025.53 feet along said Southerly line to a point; thence S 51013'26" W G90.75 foot to a point; thence S 21001145" W 209.73 feet to a point; thence S 0043139" E 756.03 toot to a point; thence N 88039'59" W 803.97 feet to a point; thence S 0°43139" E 510.00 feet to a point of intersection with the Southerly line of said Northwest fractional one quarter of Section 18; thence N 88°39'59" W 50.03 feet to the point of beginning; and containing 25.26 acres more or less. Parcel 1-A: Camtencing as a point of reference at the West quarter corner of Section 18, Tomship 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iaua; thence N 0043'39" W 1052.00 feet along the Westerly line of the Northwest fractional one quarter of said Section 18 to the point of beginning of the tract herein described (this is an assumed bearing for purposes of this description only); thence continuing N 0°43'39" W 836.22 feet to the Southerly line of a parcel described in Warranty Deed recorded in Johnson County Recorder's office, Book 395, Pagc 317; thence S 89028111" E 450.00 feet along said Southerly line to a point; thence S 2051'10" W 400.23 feet to a point; thence S 44°08'19" W 602.30 feet to the point of beginning; and containing 6.14 acres more or less. Parcel 2: Canrencing as a point of reference at the West quarter corner of Section 18, Township 79 North, Range 5 West of the fifth Principal Meridian, Johnson County, Iava; thence. South BBI 39' 59" East 50.03 feet along the Southerly line of thc Northwest fractional one quarter of Section 18 to a )x;int (thin is nn asnwl>ed Ixaring for purposes of this description only); thence North 01 43' 39" West 400.00 feet to the point of beginning of the tract herein described; thence continuing North 00 43' 39" West 110.00 feet to a point; thence South 880 39' 59" East 803.97 feet to a point; thence North 00 43' 39" West 756.03 feet to a point; thence North 21° 01' 45" East 209.73 feet to a point; thence North 510 13' 26„ East 690.75 feet to a point of intersection with the Southerly line of property described in Warranty Deed recorded in the Johnson county Recorder's office, Book 395, Page 317; thence South 890 28' 11" East 80.51 feet along said Southerly line to a point- thence South 361 20' 14" West 120.67 feet to a point; thence South 48° 19' 42" west 228.66 feet to a point; thence South 340 39' 04" West 235.70 feet to it point; thence South 71 33' 28" East 114.71 feet to a point; thence South 470 50' 07" West 114.17 feet to a mint; thence South 331 43' 42" West 179.71 feet to a point; thence South 16° 49' 09" East 186.22 feet to a point; thence S 340 21' 44" East 194.21 feet to n thence South 38' 41' 49" East 237.80 feet to a point; thence South 760 29' 13" West 147.89 feet to a point; thence North 88° 20' 52" West 155.77 feet to a point; thence South 130 13' 32" East 222..02 fret to n point; thence North 820 46' 48" West 213.36 feet to n mint-; thence North 850 02' 31" West 196.97 feet to a point; thence North 830 56' 46 West- 195.82 feet to a point; thence North 70° 17' 33" WcsL .14.76 fcet to a point; thence North 88° 39' 59" West 308.71 feet to the roint- of beginning; and containing 10.08 acres more or less. EXNTBTT "A" Ilee I CEDAR RAPIDS • DES MOI;IES 1 T" P OIIBPP "A" Parcel 3: Beginning at the East quarter corner of. Section 13, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; thence N 0043139" W 1106.00 feet along the Easterly line of the Northeast quarter of said Section 13 to a point of intersection with the Southerly right-of-way line of the abandoned Burlington, Cedar Rapids, and Northern Railroad right -of -orgy as sham on a plat prepared by A.H. Holt dated December, 1921 recorded in the Johnson County Recorder's office, Plat Book 2, Page 64 (this is an assumed bearing for the purposes of this description); thence N 86059126" W 201.24 feet along said Southerly right-of-way line as shown on said plat to a point, thence S 17°20'03" W 157.85 feet to a point; thence S 26°51'43" E 453.50 feet to a point; thence S 00 j 43139" E 562.70 feet to a point of intersection with the center line of the public highway as shown on said plat; thence N 88022121" E 50.01 feet along said center line of public highway to the point of beginning; and containing 2.79 acres more or lens. I 0 EMIIBI'P "A" P0� �Von g0 1.116MV. I LMLY Y, JORM MICR�LAO CEDAR RAPIDS •DES MOINES m tilpt7u .j RESOLUTION NO. 80-229 A RESOLUTION AUTHORIZING THE EXECUTION OF THE URBAN MASS TRANSPORTATION CAPITAL GRANT CONTRACT WHEREAS, the United States of America by and through the Urban Mass Transportation Administration, Department of Transportation, is offering financial assistance to local public authorities in the form of a capital grant under the Urban Mass Transportation Act of 1964, as amended, to provide for the undertaking of an urban mass transportation capital improvement project, and WHEREAS, the City Council of the City of Iowa City deems it in the public interest to accept the United States government's offer and the terms and conditions of said offer as set forth in the contract attached to this Resolution and by this reference made a part hereof. BE IT NOW RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk be directed to certify the attached contract. It was moved by Perret and seconded by Nauhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X — Neuhauser X Perret X Roberts X — Vevera Passed and approved this 17th day of June 1980. i fRy OR I % ATTEST: „(-Ir CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES P App,ovnd 6y Tllo IrOal D -;,,idme0l I UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION NOTIFICATION OF GRANT APPROVAL 49 U.S.C. 5 1602 (SECTION 3 - CAPITAL ASSISTANCE) Project No. IA -03-0032 GRANTEE: Iowa City, Iowa ESTIMATED TOTAL PROJECT COST: Six Hundred Twenty -Four Thousand, Nine Hundred Sixty -Five Dollars ($624,965) ESTIMATED NET PROJECT COST: Six Hundred Twenty -Three Thousand, Nine Hundred Sixty -Five Dollars MAXIMUL4 FEDERAL SHARE: Four Hundred Ninety -Nine Thousand, one Hundred Seventy -Two Dollars ($499,172) SOURCES OF FEDERAL FINANCIAL ASSISTANCE: Code Year Description Amount 31.10.10'.00 1980 Urban Discretionary $499,172 DATE OF SECTION 13(c) CERTIFICATION LETTER FROM THE DEPARTMENT OF LABOR: September 20, 1979 (original application) February 22, 1980 (revised application) PROJECT DESCRIPTION: a) Purchase two 40 foot 45-53 passenger A/C diesel transit buses with wheelchair lifts b) Purchase two 35 foot 41-45 passenger A/C diesel transit buses with wheelchair lifts c) Purchase one 12 passenger gasoline transit bus with wheelchair lift d) Purchase two fare boxes o) Grant Administration f) Contingencies SPECIAL CONDITION: In accordance with regulations and guidelines issued by the Government, the grantee/recipient shall make third party contract awards for the acquisition of rolling stock, including buses, only after consideration of performance, standardization, and life -cycle costs, in addition to the consideration of initial capital costs. Where necessary, the Secretary will assist the grantee/recipient in making such evaluations. MICROFILMED BY JORM MIC R+L A B CEDAR RAPIDS - DES MOINES UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION NOTIFICATION OF GRANT APPROVAL 49 U.S.C. 5 1602 (SECTION 3 - CAPITAL ASSISTANCE) Project No. IA-03-0032 ! GRANTEE: Iowa City, Iowa I I ' ESTIMATED TOTAL PROJECT COST:Six Hundred Twenty-Four Thousand, Nine Hundred sixty-Five Dollars ($624,965) ESTIMATED NET PROJECT COST: Six Hundred Twenty-Three Thousand, Nine Hundred Sixty-Five Dollars ($623,965) MAXIMUM FEDERAL SHARE: Four Hundred Ninety-Nine Thousand, One Hundred Seventy-Two Dollars ($499,172) SOURCES OF FEDERAL FINANCIAL ASSISTANCE. Code Year Description Amount 31.10.10.00 1980 Urban Discretionary $499,172 DATE OF SECTION 13101 CERTIFICATION LETTER FROM THEDEPARTMENT OF LABOR: September 20, 1979 (original application) i February 22, 1980 (revised application) PROJECT DESCRIPTION; a) Purchase two 40 foot 45-53 passenger A/C diesel transit buses with wheelchair lifts Io) Purchase two 35 foot 41-45 passenger A/C diesel transit buses with wheelchair lifts c) Purchase one 12 passenger gasoline transit bus with wheelchair lift d) Purchase two faro boxes a) Grant Administration f) Contingencies SPECIAL CONDITION: In accordance with regulations and guidelines issued by the Government, the grantee/recipient shall make third party contract awards for the acquisition of rolling stock, including buses, only after consideration of performance, standardization, and life-cycle costs, in addition to the consideration of initial capital costs. Where necessary, the Secretary will assist the granted/rocipiont in making such evaluations. G ONAL DIRECTOR i i MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES FIOINES I Foxe UMTA F SD Rev, 8/31/79 WII£D STAIM OF ANCA URBAN t�S�M' OF TRANSPORTATIC U TRANSPORTATIQ4 A 'EIW1STIW1ON WASHLNGZCN, D.C. 20590 URSAAI MASS TRANSPOR.TA 1 N AGMM=u PART II TERdS AND CLmITICNS for Projects roller Section 3, 51 6, or 8, Of the Urban Mass Transportation Act of 1964 as amended 49 U.S.C. § 1601 et seq. , for Mass Transportation Projects under the Fldlal-lid Highway Act of 1973, as amended, 23 U.S.C. S 103 et seq., or for Section 175 of the Clean Air. Act Amendylents of 1977, 42 U.S.C. § 7505. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES S i f �l I Foxe UMTA F SD Rev, 8/31/79 WII£D STAIM OF ANCA URBAN t�S�M' OF TRANSPORTATIC U TRANSPORTATIQ4 A 'EIW1STIW1ON WASHLNGZCN, D.C. 20590 URSAAI MASS TRANSPOR.TA 1 N AGMM=u PART II TERdS AND CLmITICNS for Projects roller Section 3, 51 6, or 8, Of the Urban Mass Transportation Act of 1964 as amended 49 U.S.C. § 1601 et seq. , for Mass Transportation Projects under the Fldlal-lid Highway Act of 1973, as amended, 23 U.S.C. S 103 et seq., or for Section 175 of the Clean Air. Act Amendylents of 1977, 42 U.S.C. § 7505. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES S /-N UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION GRANT 49 U.S.C. 5 1602 (SECTION 3) PART I THIS GRANT, effective on the date specified in the Notification of Grant Approval is entered into by and between the United States of America ("Government") and the Grantee named in the Notification of Grant Approval. In consideration of the mutual covenants, promises, and representations herein, the parties hereto agree as follows: Sec. 1. Purpose of Grant - The purpose of this Grant is to provide for the undertaking of an urban mass transpor- tation capital improvement project ("Project") with Government financial assistance to the Grantee in the form of a capital grant ("Grant"), under Section 3 of the Urban Mass Transpor- tation Act of 1964, as amended, ("Act"), and to state the terms and conditions upon which such assistance will be provided and the manner in which the Project will be undertaken and completed and the Project facilities/equipment used. Sec. 2. The Project - The Grantee agrees to undertake and complete the Project, and to provide for the use of the Project facilities/equipment, substantially as described in its Application, incorporated herein by reference, filed with and approved by the Government, and in accordance with the terms and conditions of this Grant. The "Project Description" on the Notification of Grant Approval describes the Project to be funded under this Grant. Sec. 3. The Grant - In order to assist the Grantee in financing that portion of the total cost of the Project which the Department of Transportation (DOT) has determined cannot reasonably be financed from revenues of the public transportation system in which the Project facilities/ equipment are to be used ("Net Project Cost"), such Net Project Cost being estimated to be that amount stated in the Notification of Grant Approval, the Government will make a Grant in an amount equal to eighty percent (80%) of the Form UMTA F 2000 Rev. 8/31/79 Page 1 MICROFILMED BY JORM MICR+LAB CEDAR RANDS • DES WINES //57 actual Net Project Cost, as determined by DOT upon completion of the Project, or in the amount designated as Maximum Federal Share in the Notification of Grant Approval, whichever is the lesser. However, if this Grant is an Amendment to a prior Grant and if the Government's share was limited to 66 2/38 under that Grant, then that limit shall continue to apply in calculating the Government's share of the Net Project Cost as approved on the date of the original Grant and the date of any Amendment subject to such 66 2/38 limit. The obligation of the Government to make Federal Grant payments in any fiscal year shall not exeed the amount provided in the Project Budget for the fiscal year in which requisitions therefor are submitted or drawdowns under letter of credit are made. The Grantee agrees that it will provide from sources other than (a) Federal funds (except as may otherwise be authorized by federal statute), (b) receipts from the use of the Project facilities/equipment, or (c) revenues of the public transportation system in which such facilities/equip- ment are used, funds in an amount sufficient, together with the Grant, to assure payment of the actual Project Cost. The Grantee further agrees that no refund or reduction of the amount so provided will be made at any time, unless there is at the same time a refund to the Government of a proportional amount of the Grant. Sec. 4. Use of Project Facilities/Equipment The Grantee agreesat the Project facilities/equipment shall be used for the provision of mass transportation service within its urban area substantially as described in the Project Description for a period of 10 years or such lesser period as the Government may approve from the date of purchase of buses and of items of equipment costing less than $50,000 and for a period of 20 years or such lesser period as the Government may approve from the date of construction or installation of facilities or items of equipment costing $50,000 or more. If, during the period, any Project facilities/ equipment are not used in mass transportation service, whether by planned withdrawal or casualty loss, the Grantee shall immediately notify the Government and shall remit to the Government a proportional amount of the fair market value, if any, of the property, which shall be determined on the basis of the ratio of the Grant made by the Government to the actual cost of the Project. Fair market value shall be deemed to be the value of the property as determined by competent appraisal at the time of such withdrawal from use or misuse, or the net proceeds from public sale, whichever is approved by UMTA. In the event of loss due to casualty or fire, the damages paid by the insurance carrier or payable from the self-insured reserve account shall be considered fair market value. In no event is salvage value to be considered fair market value. Page 2 MICROFILMED BY JCRM MICR+LA6 CEDAR RAPIDS • DES MOINES The Grantee shall keep satisfactory records with regard to the use of the property and submit to the Government upon request such information as is required in order to assure compliance with this Section and shall immediately notify UMTA in all cases where Project facilities/equipment are used in a manner substantially different from that described in the Project Description. The Grantee shall maintain in amount and form satisfactory to the Government such insurance or self-insurance as will be adequate to protect Project I facilities/equipment throughout the period of required use. The cost of such insurance shall not be an item of allowable cost. The Grantee shall also submit to the Govern- ment at the beginning of each calendar year during such I period, a certification that the Project facilities/equipment are still being used in accordance with the terms of this Section and that no part of the local contribution to the I cost of the Project has been refunded or reduced. Sec. 5. Labor Protection - The Grantee agrees to I undertake, carry out, and complete the Project under the terms and conditions determined by the Secretary of Labor to i be fair and equitable to protect the interests of employees affected by the Project and meeting the requirements of I Section 13(c) of the Act, 99 U.S.C. 5 1609(c), and Department I of Labor regulations at 29 C.F.R. Part 215. These terms and conditions are identified in the letter of certification to the Government from the Department of Labor on the date set forth in the Notification of Grant Approval, which letter and any documents cited in that letter are incorporated into this Grant by reference. The Grant is subject to the conditions stated in the Department of Labor letter. i Sec. 6. The Grant - This Grant consists of the Notifi- cation of Grant Approval; this Part I, Form UMTA F 2000, Rev. 8/31/79, entitled Grant; and Part II, Form UMTA F 5D, Rev. 8/31/79, entitled Urban Mass Transportation Agreement, i Terms and Conditions. Should the grant award letter include special conditions for this Project, that letter is incorporated herein by reference and made part of this Grant. The approved Project Budget is incorporated herein by reference and made part of this Grant. Amendments to any of these documents shall require a formal amendment to this Grant, except that reallocations of funds among budget items or fiscal years which do not increase the total amount of the Federal grant shall only require prior authorization from UMTA and the issuance of a New Project Budget. Sec. 7. Execution of Grant - This Grant may be simul- taneously executed in several counterparts, each of which deemedshall be bn effect. When datedandsigned by the al 1Government, ng althisaGrant Page 3 //,57 MICROFILMEO BY JORM MICR+LAE3 CEDAR RAPIDS • DES MOINES should be executed by the Grantee within sixty (60) days of such date. The Government may withdraw its obligation hereunder if the Grant is not executed within the above sixty-day period. The effective date of the Grant shall be the date of Notification of Grant Approval. i The Grantee does hereby ratify and adopt all statements. representations, warranties, convenants, and materials submitted by it, and does hereby accept the Government's award of financial assistance and agrees to all of the terms and conditions of this Grant. , Executed this da of �i y 19 QC� 3 : �f 4 ATTEST: v /,tL .� B / _,4✓, � h i C-r Cif �F i C i� MAYnR-�iTv nGt�w� Try ! TITLE AD]D OR ANIZATION ( TITLE AND ORGANIZATION Certificate of Grantee's Attornev I, acting as Attorney for the Grantee, do hereb certi that I have examined this Grant and the proceedings taken by the Grantee relating thereto, and find j that the execution of the Grant by the Grantee has been duly authorized by the Grantee's action dated /y y (a copy of which has been submitted to UMTA) and is i� respects due and proper and in accordance with applicable State and local law and further that, in my opinion, said Grant constitutes a legal and binding obligation of the Grantee in accordance with the terms thereof. I further certify that to the best of my knowledge there is no legislation or litigation pending or threatened which might affect the Derformance of the Project in accordance with the terms of =his Grant. Dated this day of Q,�/, , 19��_, SI NATURE lYa, �f TITLE &ND ORGAN17fATION Page 4 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Section 101 Section 102 Section 103 Section 104 Section 105. Section 106 Section 107 Section 108 Section 109 Section 110. TABLE OF CCNTan's 1 Definitions...........................................1 Aco nplislnlent of the Project .........................2 (a) General eV rarents .............................2 (b) Pursuant to Federal, State and Local law ......... 2 (c) Funds of the Recipient ...........................2 (d) Submission of Proceedings, Contracts, aril Other Documents... .. 3 (e) Changed Conditions Affecting Performance ......... 3 (f) No Government Obligations to Third Parties ....... .3 (g) Land Acquisition Policy ......................... The Project Budget....................................3 Accounting Records....................................3 (a) Project Accounts .................................3 (b) Funds Received or Made Available for the3 Project ................................. (c) Allowable Costs..................................4 (d) Documentation of Project Costs...................4 (e) Checks, Orders and Vouchers......................4 (f) Audit and Inspection .............................5 Requisitions and Payments .............................5 (a) Request for Payment by the Recipient.: ........... 5 (b) Payment by the Government ........................5 (c) Disallowed Costs.................................6 (d) Letter of Credit................................6 Right of Goverrmlent to Terminate.......... . ......7 Project CanPletion, Settlement and close -Out .......... 7 Contracts of the Recipient ........................... Restrictions, Prohibitions, Controls, and Labor Provisions. ........................8 ................. (a) Equal Employment Opportunity .....................8 (b) Small, Minority and Woren's Business 8 Enterprise ............................. (c) Title VI - civil Rights Act of 1964 ..............9 (d) CmUetitive Bidding ..............................9 (e) Ethics...........................................9 (f) Interest of MaTbers of or Delegates to Congress........................................10 Construction Contracts................................10 (a) Nondiscrimination ................................10 (b) Specifications...................................13 (c) Notice...........................................20 (d) Labor Provisions.................................21 (e) Changes in Construction contracts................28 (f) Contract Security................................28 (g) Insurance During Construction ....................28 (h) Signs............................................28 (i) Liquidated Damages Provisim.....................29 (j) Provisions of Construction Contracts.............29 (k) Actual Work by Contractor ........................29 (1) Force Aeoou nt....................................29 (m) Safety Standards ........................... .....29 i MICROFILMED BY JORM MICF;I+LA0 CEDAR RAPIDS • DES MOINES //s7 Section 111. Environmental, Resource, and Energy Protection and Conservation Requirements .............. ••• ...29 (a) CoDpliance with Environmental Standards... (b) Air Pollution. .......29 (c) Use of Public Lands..............................30 (d) Historic Preservation ............................30 (e) Energy Conservation..............................30 Section 112. Patent Rights.........................................30 Section 113. Rights in Data........................................33 Section 114. Cargo Preference - Use of United States -Flag Vessels..............................................34 Section 115. Buy America...........................................35 Section 116. Charter and School Ecus Operations ..................... 36 (a) Charter Bus......................................36 (b) School Bus.......................................36 Section 117. Compliance with Elderly and Handicapped RsgulatiOns......................................... 36 Section 118. Flood Hazards.........................................36 Section119. Privacy...............................................37 Section 120. Miscellaneous.........................................38 (a) Bonus or CmudsslOn..............................38 (b) State and Territorial law........................38 (c) Records..........................................39 (d) Severability.....................................39 ii MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES DIN PART II — TERMS AND CONDITIONS Constituting part of the AGRIMMU providing for federal financial assistance under the provisions of the Urban Mass Transportation Act of 1964, as amended, and/or the Federal -Aid Highway Act of 1973. Section 101. Definitions. As used in this Agreement: "Application" means the signed and dated proposal as may be amended for federal financial assistance for the Project, together with all explanatory, supporting, and supplementary documents heretofore filed with L4II'A by or on behalf of the Recipient, which has been accepted and approved by LEM. Approval, Authorization, Concurrence, Waiver" means a conscious, written act by an authorized official of the Government granting permission to the Recipient to perform or snit an act pursuant to this Agreement which could not be performed or omitted without such Permission. An approval, authorization, concurrence, orwai ver Permitting the performance or anission of a specific act shall not constitute permission to perform or omit similar acts unless such broad permission is clearly stated. Oral permission or interpreta- tions shall have no legal force or effect. "Exerna7 Operating Manual" means the most recent tHm manual of that title, which presents information about the UWA programs, application processing procedures, and guidance for administering approved projects; There are also UMM and DOT directives applicable to the Project. "Government" means the United States of America, or its cognizant Agency, the Department of Transportation (DOT) or its Agency, the Urban Mass Transportation Administration (LMM) used hereafter interchangeably. "Mass Transportation" includes public transportation and means transportation by bus, rail or other conveyance, either publicly or privately owned, which provides to the public general or special transportation service (but not including school buses, charter or sightseeing service) to the public on a regular and continuing basis. MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES "eject" means the task or set of tasks provided budget wr in the Project which the Recipient undertakes to fo perform Pursuant to the went with UMfA. Project Budget" means the most recently dated stateme PA1PA, of the estimated total cost of the Project, the itemsnt,apptorov beed by deducted from such total in order to calculate the estimated net Project cost, the maximum amount of the federal grant for which the Recipient is currently eligible, the specific items (including contingencies arra relocation) for which the total may be spent, the estimated cost of each of such items, and the maximum amount of federal funds which may be disbursed in any fiscal year. "Recipient" means any entity that receives federal financial assistance from L"M for the accarplishmnt of the project. The term "Recipient" includes any entity to which federal funds have been Passed through for the acccuplishment of the Project. 'Secretary" means Secretary of the Department of Transportation or his duly authorized designee. Section 102. Accom>nlishrent of the Project (a) General +�nements The Recipient shall c=nence carry can plete the Project with all practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the Provisions hereof, the Application, and all applicable laws and iregulations. (b) Pursuant to Federal, State, and Local law. In performance of its obligations pursuant to flus Agreement, the Recipient and its con- tractors shall comply with all applicable provisions of Federal, State, and local law. All limits or standards set forth in this Agreement to be observed in the performance of the project are minirrm requirements, and shall not affect the application of more restrictive State or local standards for the performance of the Project; Provided, however, in its procurement acti pons pursuant to the Project, the Recipient shall not give any Preference an or discriminate against goods and services produced or manufa to any country, State, or other geographical area except as provided ctured in in Section 115 below. Rhe Recipient agrees further that notwithstanding the requirements in Section 115, no Federal funds shall be used to support Procurements utilizing exclusionary or discriminatory specifications, nor shall federal funds be used for the payment of ordinary governmental or nonproject operating expenses. (c) Funds of the Reci ient. The Recipient shall initiate and prosecute P comp etion a proceedings necessary to enable the Recipient to provide its share of the Project costs at or prior to the time that such funds are needed to meet Project costs. MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES (d) Submission of ProceedingsTh , Contract and other Documents. e Recipient s 1 t to the Government such data, reports, records, contracts and other documents relating to the Project as the C.ouerrment may require. The Recipient shall retain intact, for three years following Project close-out, all Project documents, financial records, and supporting documents. (e) Chan ed Conditims 11fec Performance. The Recipient shall immedi- ate yroti Y UnA o any in conditions or local law, or of any other event, which may significantly affect its ability to perform the Project in accordance with the provisions of this Agreement. (f) No Goverment obligations to Third Parties. The Gwermment shall not be sub3ect to any obligations or liabilities by contractors of the Recipient or their subcontractors or any other person not a Party to this Aarearent in connection with the Derfoxnance of this Project without its specific consent arra notwithstanding its concurrence in or approval of the award of any contract or sub- contract or the solicitation thereof. (g)land Acquisition Policy. Any acquisition of land for use in connection wi�ject must conform to the policies and procedures set forth in 49 C.F.R. Part 25 and applicable Circulars. y Section 103. The Project Budget. A Project Budget shall be prepared and maintained by the Recipient. The Recipient shall carry out the Project and shall incur obligations against and make disbursements of Project i Funds only in conformity with the latest approved budget for the Project. I Section 104. Accounting Records. (a) Project Accounts. The Recipient shall establish arca maintain as a separate set of accounts, or within the framework of an established accounting system, accounts for the Project in the manner consistent with Office of Management and Budget (CMB) Circular A-102, as amended, or A-110, as may be appropriate. (b) Funds Received or Made Available for the Project. In accordance with the provisions of CNB Circular A-102, or A-110, as may be appropriate, the Recipient shall record in the Project Account, and deposit in a bank or trust ccapany which is a member of the Federal Deposit Insurance Corporation, all Project payments received by it from the Government pursuant to this Agreement and all other funds provided for, acceuing to, or otherwise received on acoomt of the Project, ("Project Funds"). Any balances exceeding the FDIC coverage mist be collaterally secured as provided in 12 U.S.C. 5 265 and inplernsrti.ng regulations or in applicable U IA procedures. A separate bank account may be required when drawdowns are made by letter of credit. 3 /lam% MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES (c) Allowable Costs. Expenditures made by the Recipient trs shall be reim- 1leas allowable costs to the extent they meet all o£ the requirenents set forth below. They most: (1) be made in confoncance with the Project Description and the Project Budget and all other provisions of this Agreenernt; (2) be necessary in order to acccrplish the Project; (3) be reasonable in amount for the goods or services purchased; ncinus(4) beaztuundal net costs to the Recipient (i.e., the price paid the any refrebates, or other items of value received by Prthat the effect of reducing incurred;) the cost actually of this) be rnu erred (and be for work performed) after the date Agiement, unless specific authorization from UIIIA to the contrary is received; (6) be in conformance with the standards for allowability of costs set forth in Federal Management Circular (RC) 74-4 and With any guidelines or regulations issued btHM; in the Projects with educational institutions, the stay e of ndaxin for case of cost set forth in Office of Management and Budget (a m) Circular A-21 Revised, rather than the standards of RC 74-4, shall apply; (7) be satisfactorily doccmlented; and i (8) be treated uniformly and consistently under accounting I principles and procedures approved or prescribed bUmrA for the y Recipient; and those approved or prescribed by the Recipient for its contractors. I (d) Dommlentation of Pro'ect Costs. All costs charged to the Project, rrnc ing aL servrces contributed others, shall be supported by +Pa Recipient or records, invoices, contracts, pro1�ch executed payrolls, time nature and propriety of the chargesor us evidencing in detail the (e) Checks, Orders, and Vouchers. Any check or order drawn by the Pecipuent rnth respect to any Any that is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Recipient stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting docIrRents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such docvnents. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES (f) Audit and regi 'e It contractors to Recipithe ents ecr -` rya yth shall General of the United states, ortan OfSthei du and the ized- Comptroller respresentatives to inn Y their duly authorized other data and reoor' with all work,rd to the materials, s,Payrolls, and books, records, acyl accounts of the Project,and to audit the with regard to the ReciPient and its contractors thirdof ='t• The Recipient is res�t�sible for require the Reciity tracts and.agreemen l24EA also may Prent furnish at any time prior to closeout of the Project, audit reports prepared in accordance with generally accepted accounting principles. In the case of Section 5 operating Projects, subsequent to the close of the local fiscal year for which operating assistance is sought, the Recipient shall furnish a final audit report prepared by a State or local government independent audit agency or an irr7ependent public accountant which shall include as a minimum a Statement of Revenue and Expense, a Statement of Changes in Financial. Position, and a Maintenance of Effort Calculation year. mass transportation operator for the assisted local fiscal I Section 105. Requisitions and pav = + s. ` (a) Requests for Pa t Py the Recipient. The Recipient may make requests for payment of the f eral share of allowable costs , and UMfA will honor such requests in the manner set forth in this section. Payments made to Recipients moist comply with 31 C.F.R. Part 205. Recipients shall follow the procedures set forth in UMmA Circular 9050.1. In order to receive federal assistance payments, the Recipient must: (1) completely execute and submit to [II+II'A the infonmtion required by Standard Form 270; (2) submit to Uig an explanation of the purposes for which costs have been incurred to date or are reasonably expected to be n icurred within the requisition period (riot more than 30 days after the date of submission); (3) demonstrate or certify that it has adequate, when combined with the federal payments, to covered local fucds costs all to be incurred to the end of the requisition period; (9) have submitted to UMCA all financial, and Progress reports required to date under this Agreement; and (5) identify the souroe(s) of financial assistance Provided under this Project fran which the Payment is to be derived. (b) Pa t b the Government. Upon receipt of the requisition and the Process tier o mon satisfactory form, the Government will obli ations requisition if the Recipient is om plying with its _g Pursuant to the Agreement, has satisfied U A of its and ifor the federal flans requested during the requisition period, the Project. If ffeal ofpregress towards the timelY completion of these circumstances are found to exist, 5 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 11Y7 (d) to be theCovernment will zeimbur to theincurred duru>g the se a-�t allowable all fiscal Year - mount of t�sition Period) by thecostr fired (or Project Bud In which t deral assistance Payable n -.,-Ip. uP Budget. fiver requisition is submittEy as stated the action shall nuts ?rsenent Of _ ted in the this . re' Governrlent of the all Y cost a waiver of O`�ilityuof suchh roles termination by the by e shall not as to apecipii Y a On of o e ttwl?ll f thimake s t inal dete �i ate owabilit ted. ural audit of the Project tion In has been Blithe event that A dete the shal�Prorrrotl le to rece ive any or al, oftfederalfthe P�ds =is not currently determir�jtyony notify the Recipient stating the reasons for such Disallowed Costs. will exclude all project determining bud date of this Agreement, ncrost ked amount he federal assistance [�qA get for the Pro he prior to Re *Pient Drior to representative 3�t' whichever is earlier un Of t aOF'1DRd costs Of �'A advises in writing Lmless an authorized latest approved b t Recipient which videthe d any to goads or serviceset for the project�a t Provided for in the which has not been received under a turn any costs act or otherttributable arran ncurred in or the Externato the peraattiinstatenent on dl�� costs by UAflA9gmnt 9 Manual or in writ are con tain� Letter of Credit. 9uidanoe from EWA. Pecl r f.Should a letter 31 C F Rt�Part 2051 are applicablecwinq terms : oohcredit� ilomfort� with (1) the Recipient shall ' actually neet� for Project disbursements. drawdowns only when (2) uti,eciplent shall hat rnner aseport its cash disbursements and balances accountability (3) the �ipient shall r'e4urfor zed � � Government:. rents and for all Project sin a�� ncecontrol and Of credit.praDadures issued by the Govenjxnt for use of the a4) the Recipient shall) (1) a on its (3) (5) all re<7Lursn°nts of Section 105 (d) (1) (2) and (3) above as aDpli able. (5) shoLtid ciPient fail to adhere'to the Section ligate (l) (2) (3) and (4) above, the Goverrm'nt Frey revoke the unobligated portion of the ]e rlequirerents of Iter of credit. 6 MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES (6) Sections 105 (a) (b) and (c) above remain effective to the extent that they do not conflict with the provisions of section 105(d). Section 106. Right of Governrent to Terminate. Upon written notice to the Recipient, the Govenurent reserves the right to suspend or terminate all or part of the financial assistance provided herein if the Recipient is, or has been, in violation of the terms of this Agreement or if CMA determines that the purposes of the Act would not be adequately served by continuation of federal financial assistance for the Project. Any failure to make progress or other violation of the Agreement which significantly endangers substantial performance of the Project within a reasonable time shall be denied to be a violation of the terms of this Agreement. Termination of any part of the financial assistance will not invalidate obligations properly incurred by the Recipient and concurred in by U4TA prior to the date of termination, to the extent they are noncancellable. The acceptance of a remittance by the Government of any or all Project Funds previously received by the Recipient or the closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Government may otherwise i have arising out of this Agreement. j Section 107. Project Completion, Settlement and Close-out. Upon successful completion of the Project or upon termination by UNII'A, the Recipient shall, within 90 days of the completion date of the Project, submit a final Financial Status Report (Standard Form 269), a certification or sumkuy of Project expenses, and third party audit reports, when applicable. Upon receipt of this information, CMA or an agency designated by UII'A will perform a final audit of the Project to determine the allowability of costs i incurred, and will make settlement of the federal grant described in Part I j of this Agreement. If USDA has made payments to the Recipient in excess of the total amount of such federal grant, the Recipient shall promptly remit such excess to CMA. Project close-out occurs when LHM notifies the Recipient and forwards the final grant payment or when an appropriate refund of federal grant funds has been received from the Recipient arra acknowledged by UfA. Closeout shall not invalidate any continuing obligations imposed on the Recipient by this Agreement or contained in the final notification or acknowledgement from IAEA. Section 108. Contracts of the Reeccipie-nt. The Recipient shall not execute any lease, pledge, mortgage, lien, or other contract touching or affecting Project facilities or equipment, nor shall it obligate itself in any other manner, with any third party with respect to the Project, unless such lease, pledge, Dnrtgage, lien, contract, or other obligation is expressly authorized in writing by DOT; nor shall the Recipient, by any act or amdssion of any kind, impair its continuing control over the use of Project facilities or equipment during the useful life thereof as determined by DOT. //5'% MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Section -109. Restrictions, Prohibitions, Controls and Labor Provisions (a) Bgual Flnployme�t Op rtunitY In connection with the carrying a out o the Protect, the Fecipient shall not discriminate against any employee or applicant for employment because of race, color, age, creed, sex, or national origin. The Recipient shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age,or national origin. Such action shall include, but 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. The Recipient shall insert the foregoing provision (modified only to show the Particular contractual relationship) in all of its contracts in connection with the development or operation of the Project, except contracts for standard commercial supplies or raw materials and construction contracts subject to the provisions of Section 110 (a) of this Agreement, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commerical supplies or raw materials. If, as a condition of assistance, the Recipient has submitted, and the Government has approved, an equal employment opportunity program that the Recipient agrees to carry out, such program is incorporated into this Agreement by reference. Such program shall be treated as a contractual obligation; and failure to carry out the terms of that equal employrzenL opportunity program shall be treated as a violation Of this Agreement. Upon notification to the Recipient of its failure to carry out the approved program, the Government will impose such remedies as it may deem appropriate, which remedies may include termination of the Agreement as provided in Section 106 of this Agreement or other measures that may affect the ability of the Recipient to obtain future financial assistance under the Urban Mss Transportation Act of 1964, as amended, or the Federal -Aid Highway Act of 1973, as amended. (b) Small, Minori aryl Wanen's Business Enterprise. In connection with the Perroamanee or this Agreement the Recipient will provide for full and fair utilization of small, minority arra women's business enterprises and will use its best efforts to ensure that small, minority and women's business enterprises shall have an equitable opportunity to compete for contract and subcontract work under this Agreerent. If, as a condition of assistance, the Recipient has submitted, and the GOVernMent has approved, a small, minority or women's business enterprise affimmative action program that the Recipient agrees to carry out, such program is incorporated into this Agreement by reference. Such program MICROFILMED BY JORM MICR�L AB EED.R RAPIDS •DES MOINES shall be treated as a contractual obligation and failure to carry out the tens of these approved small, minority, or women's business enterprise action programs shall be treated as a violation of this Agreement. Upon notification to the Recipient of its failure to carry out the approved program, the Government will impose such remedies as it may deem appropriate, which remedies may include termination of the Agreement as provided by Section 106 of this Agreement or other measures that ray affect the ability of the Recipient to obtain future financial assistance under the Urban Mass Transportation Act of 1964, as amended, or the Federal -Aid Highway Act of 1973, as amended. (c) Title V1 Civil ghts Act of 1964. The Recipient will comply and will assRi ure the conplianoe by contractors and subcontractors under this Project with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (49 U.S.C. § 2000d), the Regulations of DOT issued thereunder, 49 C.F.R. Part 21 arra the Assurance by the Recipient pursuant thereto. j (d) i Competition in Procurement. The Recipient shall carply with the Procure;rent Standards requirements set forth in Attachment 0 of OH3 Circular A-102, as amended, or A-110, as may be appropriate; and with any supplementary guidelines or regulations as may be promulgated by the Government. (e) Ethics. The Recipient shall maintain a written code or standards of conduct which shall govern the performance of its officiers, eployees or agents engaged in the award and administration of contracts supported by Federal funds. Such code shall provide that no eplcyee, officer or agent of the Recipient shall participate in the selection, or in the award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. Such a omflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: 0 MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES lle7 i shall be treated as a contractual obligation and failure to carry out the tens of these approved small, minority, or women's business enterprise action programs shall be treated as a violation of this Agreement. Upon notification to the Recipient of its failure to carry out the approved program, the Government will impose such remedies as it may deem appropriate, which remedies may include termination of the Agreement as provided by Section 106 of this Agreement or other measures that ray affect the ability of the Recipient to obtain future financial assistance under the Urban Mass Transportation Act of 1964, as amended, or the Federal -Aid Highway Act of 1973, as amended. (c) Title V1 Civil ghts Act of 1964. The Recipient will comply and will assRi ure the conplianoe by contractors and subcontractors under this Project with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (49 U.S.C. § 2000d), the Regulations of DOT issued thereunder, 49 C.F.R. Part 21 arra the Assurance by the Recipient pursuant thereto. j (d) i Competition in Procurement. The Recipient shall carply with the Procure;rent Standards requirements set forth in Attachment 0 of OH3 Circular A-102, as amended, or A-110, as may be appropriate; and with any supplementary guidelines or regulations as may be promulgated by the Government. (e) Ethics. The Recipient shall maintain a written code or standards of conduct which shall govern the performance of its officiers, eployees or agents engaged in the award and administration of contracts supported by Federal funds. Such code shall provide that no eplcyee, officer or agent of the Recipient shall participate in the selection, or in the award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. Such a omflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: 0 MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES lle7 1. the employee, officer or agent; 2. any member of his immediate family; 3. his or her partner; or 4. an organization which Employs, or is about to Employ, any of the above. The code shall also provide that the Recipient's officers, Employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value 'ran contractors, potential contractors, or parties to subagreErent4. The Recipient may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsio value. To the extent permitted by State or local law or regulations, such standards of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the Recipient's officers, employees, or agents, or by contractors or their agents. (f) interest of Members of or Del Etas to Con ss. No member of or delagate to Congress of a United States shall be admitted to any share or part of this agreement or to any benefit arising therefrom. Section 110. Qmstructicn Contracts. (a) Nondiscrimination. The Recipient hereby agrees that it will inoorpCxate or cause inoorporated into any contract for construction work, or modification thereof, as defined in the Regulations of the Secretary of Labor at 41 C.F.R. Chapter 60, which is paid for in whole or in part with fiords obtained from the Federal Goverment or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken Pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: 10 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES N During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, relieion, sex, or national origin. The contractor will take and affirmative ensure that applicants hatemployees aretreateddurigemployment without, regard to their race, color, religion, sex, or national origin. S:: -Ch' action shall include, but not be Limited to the following: EYmploymer,,, upgrading, demotion, or transfer; recruitment or recruitmert advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in cons;icuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertise- ;e;ts for employees placed by or on behalf of the contractor, tatc that all qualified applicants will receive consideration ."or employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or repre- sentative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall Post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of labor. (5) The contractor will furnish all information and reports required by Executive order 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the non-discrimination clauses of this Agreement or with any of the said rules, regulations or orders, this Agreement may be 11 //J7 141CROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES ■ ._ cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or by rule, regulation, or order of the Secretary of labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions shall be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its awn elployment practices when it participates in federally assisted construction work; Provided That if the Recipient so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instru antality or subdivision of such govermient which does not participate in work on or under the Agreement. The Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obrtainim the ompliance of contractors and suboontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing ompliance. nae Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, as amended, with any 12 MICROFILMED BY DORM MICR+LA13 CEDAR RAPIDS • DES MOINES contractor , Or who has not eliqibilitv for Governmencontracts and federally assisted construction contracts Pursuant to the Executive Order and will carry out such sanctions and per:alties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order, In addition, the lecipient agrees that if it fails or refuses to conply with these undertakings, ing agency may take any or all of the following o: Cancethe l, te or suspend in whole or in part this Agreement (grant, na crntract, loan, insurance, guarantee); refrain from ext to the l�cipient under the r pe any �� assistance or. refund occurred program with respect to which the failure until satisfactory assurance of future carpliance i has been received from such Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (b) Specifications. Recipient hereby agrees that it will incorporate or cause to be noorporated the specifications set forth below in all federal and federally assisted eontruction contracts, or nWifi- = cations thereof, in excess of $10,000 to be ( perfomed in geographical areas designated by the Director Office of Federal Contract Crnpliance Programs of the Department of Labor pursuant to the Regulations of the Secretary of Labor at 41 C.F.R. Section 60-4.6 and in construction subcontracts in excess of $10,000 nrecessary in whole or in part to the performance of nonconstruction federal contracts and subcontracts covered under Executive Order 11246: STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (Executive Order 11296): 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; it b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; g C. "Employer identification number" means the Federal Social Security number used on the Employer's j Quarterly Federal Tax Return, U.S. Treasury Depart- ment Form 991. k i i 13 IIS7 MICROFILMED BY .:ORM MICR+LAB CEDAR RAPIDS • DES MOINES I d. %inority" includes: (i) Black (all persons having origins in any Hf groups not of the Black African racial rou panic origin); (ian, CubHispanic (all Ricapprsors of Mexican, Puerto an, Central or South American or other Spanish Culture or origin, regardless (iii) Asian and Pacific Islander (all persons having origins in any of the original people Suthe SFar East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original people of North America and maintainin identifiable tribal affiliatig ons through membership and participation or community identification). 2, Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any con- struction trade, it shall physically include in each subcontract in excess of $20,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and I female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 C.F.R. 60-4.5) in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan, Each contractor or subcontractor participating in an ap roved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or suboncontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 14 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 9a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the coverd area. The contractor is expected to make substantially uniform progress toward its goal in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 9. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on -sits supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. 15 1i57 141CROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES b. Establish and maintain a current and female recruitment sources, list of minority provide written notification to minority and female recruitment sources and to community organi.zatione when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the - street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the contractor may have taken. d• provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to I the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. I e. Develop on -the -site training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the eourcee compiled under 7 b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and raqu¢sting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by pubZioizian it in the company newspaper, annual report, etc.; by specific review of the pape"y with all management personnel and with all molio nnomty and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where 1 construction work is performed. 16 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsi- bility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, CeneraZ Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings,persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and sub- contractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of contractor's workforce. k. Validate all tests and other selection require- ments where there is an obligation to do so under 41 C.F.R. Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. i 1' 17 iis'7 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES m. Ensure that seniority practices, job aZaseifi_ cations, work aseignmente and other personnel practices, do not have a diersonnelary effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's Obligations under these epee ifications are being carried n. E7Isure that all facilities and company activities are nonsegregated except that separate or single-uaer toilet and necessary changing facilities shall be provided to assure privacy between the sexes. I i tionsoo Document and maintain a record of all aoZicita- f offers for subcontracts from minority and female construction conto tractors and I Suppliers, including circulation tions land othersbusinessraesociatioaZe contractor associa- p. Conduct a review, at least annually, a supervisors' adherence to and er o f all contractor's EEo policies and Q f rm>ance under the gations, affirmative action obZi- 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations f7a through p). The effo rte of a contractor association, joint contractor -union, community, or other similar group ocontractor- f which the contractor is a member and participant, may be asserted as fulfilling any one of more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has pe i in the nthn mpact on the employment of minorities and women distry, ensures that the ooncrete benefits of the I program are reflected in the oontractor'e minority and female workforce participation, makes a good faith effort to meet its individual goals and timetablea, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, i however, ie the contraetor'e and failure of ouch a group to fulfill an obligation ehaZZ not be a defense for the Up tootor'e noncompliance. 9. A single goal for minor•itiee and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and o take affirmative action for all minority groups, both malte � 18 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES and female, and all women, both minority and non -minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES //.S 7 10. The contractor shall not use the goals and tirctablcs or affirmative action standards to discriminate against any ' person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract i with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and • penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the Office of FederaZ Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfuZling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing E regulations, or these specifications, the Director shall proceed in accordance with 41 C.F.R. 60-4.6. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at Least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number { race, sex, status (e.g., mechanic,apprentice, trainee, helper, 19 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES //.S 7 or laborer), dates of changes in status, hours worked Per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. Z5. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Courwnity Development Block Grant Program,.) (c) Notice. Recipient hereby agrees that it will ensure that the 'ZTice set forth below shall be included in, and shall be a part of, all solicitions for offers and bids on all federal and federally assisted construction contracts or subcontracts in excess of $10,000 to be performed in geographical areas designated by the Director, Office of Federal Contract Compliance Programs of the Department t of Labor at 41 C.F.R. Section 60-4.6: NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246): 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifi- cations" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetable Goals for Goals for female minority participation participation in for each trade each trade Insert goals for Insert goals for each year. each year. These goals are applicable to all the contractor's con- struction work (whether or not it is federal or federally assisted) performed in the covered area. Me MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS . DES MOINES i , or laborer), dates of changes in status, hours worked Per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. Z5. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Courwnity Development Block Grant Program,.) (c) Notice. Recipient hereby agrees that it will ensure that the 'ZTice set forth below shall be included in, and shall be a part of, all solicitions for offers and bids on all federal and federally assisted construction contracts or subcontracts in excess of $10,000 to be performed in geographical areas designated by the Director, Office of Federal Contract Compliance Programs of the Department t of Labor at 41 C.F.R. Section 60-4.6: NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246): 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifi- cations" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetable Goals for Goals for female minority participation participation in for each trade each trade Insert goals for Insert goals for each year. each year. These goals are applicable to all the contractor's con- struction work (whether or not it is federal or federally assisted) performed in the covered area. Me MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS . DES MOINES i those contained in the wage determination decision of the Secretary of Labor applicable to the Project, regardless of any contractual relationship Which may be alleged to exist between the contractor and such laborers and mechanics; and the wage determination decision shall be posted by the contractor at the site of the Work in a prominent place where it can be easily seen by the workers. For the purpose of this clause, contributions made or costs reasonably antici- pated under section l(c)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 C.F.R. 5.5 (a)(Wi,v). Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. (ii) The contracting officer shall require that any Class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformably to the wage deter- mination, and a report of the action taken shall be sent by DOT to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification or reclassifi- cation of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the question accompanied by the recommendation of the contracting officer, shall be referred to the Secretary of Labor for final determination. (iii) The contracting officer shall require, whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be estabZiehed. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the contracting officer, shall be referred to the Secretary of Labor for determination. 22 MICROFILMED BY JORM MIC RL A13 CEDAA RAPIDS DES MOINES 1157 The contractor's compliance with the Executive Order and the regulations in 41 C.F.R. Part 60-4 shall be based on its imple- mentation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 C.F.R. 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from tele solicitation is to be performed. The hours of minority and f employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities d women female evenly on each of its projects. The transfer of y employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive order and the regulations in 41 C.F.R. Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract ) is to be performed giving the State, county and city, if any). (d) Labor Provisions. Pursuant to regulations set forth at 29 C.F.R.the following provisions shall be incorporated in all construction contracts of $2,000 let by the Recipient in carrying out the Project. (1) Minimum wages. (i) All mechanics and laborers employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions.as are permitted by regu- lations issued by the Secretary of Labor under the Cope- land Act (29 C.F.R. Part 3)), the full amounts due at time of payment computed at wage rates not Zess than 21 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOIRES (ii) The contractor will submit weekly a copy of all payrolls to the Recipient for transmittal to DOT. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the usage rates contained therein are not leas than those determined by the Secretary of labor and that the classifications set forth for each laborer or mechanic conform to the work to be performed. A submission of the "Weekly Statement of Compliance" which is required under this contract and the Copeland regulations of the Secretary of labor (29 C.F.R., Part 3) and the filing with the initic� payroll or any subsequent payroll of a copy of any findings by the Secretary of labor under 29 C.F.R. 5.5 (a)(1)(iv) shall satisfy this requirement. The prime contractor 8hal2 be responsible for the submission of copies of payrolls of all subcontractors. The contractor will make the records required under the labor standards clauses of the contract available for inspection by authorized representatives of DOT and the Department of labor, and will permit such representatives to interview employees during working hours on the job. Contraetore employing apprentices or trainees under aF programs shall include a notation on the first weekly certi payrolls submitted to the contracting agencies that their s ment is pursuant to an approved program and shall identify program. (4) Apprentices and Trainees. (A) Apprentices. Apprentices will be permitted to uwr at less than the predetermined rate for the work they perfe when they are employed and individually registered in a bon fide apprenticeship program registered with the U.S. Depart ment of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a per is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has bee certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (here appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitte to the contractor as to hie entire work force under the registered program. Any employee listed on a payroll at 24 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES I t(iv) If the contractor does not make payments to a trusee or other third person, he may consider as the waoey of anoxpa or ted in mechanic the amount of any costs reasonabl or program of a t providing benefits under a plan decision or type expressly listed in the Wage determination contract: rProvided,etary Of hover Labor which is a part of this found, upon the written ever,-requesthe Secretary of Labor has ap,licable standards o f the contractor, that the :he Secretaryo f the Davis -Bacon Act have been met. as -':6 irl a se f Labor may require the contractor to set °''Zi°„ separate account assets for the meeting of ions under the plan or program. (2) Withh_Zdi�o DOT may withhold withheld y hhold or cause to be from the contractor so much of the accrued or advances as may be considered necessary to a an moa%:anica, including payments by the contractor lu g apprentices and trainees, P y laborers any subcontractor on tthhwork employed amount of wages required by the contract. work the full failure to pay any laborer or mechanic In the event of apprertice or trainee , including any I the work, I or or working , all or part of the wagesrequired °b the site contracthe of DOT may, after written notice to the contractort sponsor, I a^;:'_cant, or owner, take such actin as may be necessary to cause the suspension of any further payment, advance, °r' guarantee of funds until such violations have ceased. (3) PayroZZ and Basic Records records relating thereto (x) Payrolls and basic of the work and will be maintained during the course for all laborers and for a period of three years thereafter Such records will contain ntain�thes working at the site of the work. erpZouee, his correct elaeshe name d address of each such rates of contributions or conte , ratee of pay (including described in section 1(b)(2) arnticipated of the types and weekly number of hours workedthe Da via -Bacon Act), daily wages paid. Whenever the Secretarydeductions made and actual 29 C.F.R. 5.5 (a)(1) (vi) that twages labor has found under mechanics include the Onount o wsges °f ny laborers or in providing benefits under a f ny costs reasonably anticipated Section 1(b) (2)(B) of the plan or program deacribed in shall maintain records whichashowBthO the, the contractor Provide such benefits is enforceable commitment to or program is finnciall , and that the plan or program has been communicated responsible, and that the plan or mechanics a 1D1nunicated in writing to the laborers anticipated orf thetactua cost incurred show the costa benefits. in providing such 23 MICROFILMED BY JORM MIC R+LAB CEDAR RAPIDS • DES MOINES M rdo MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES an apprentice wage rate, who is not a trainee as defined in subdivision (B) of this subparagraph or is not registered or otherrise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish to the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and cage ratas (expressed in percentages of the journeyman hourly rates) for the area of construction prior to using any - apprentices on the contract work. The wage rate paid apprentices shall not be less than the appropriate percentage of the journeyman's rate contained in the applicable wage 3 determination. (B) Trainees. Except as provided in 29 C.F.R. 5.15, trainees W. -ZZ not be permitted to work at less than the predetermined !! p rate for the work performed unless they are employed pursuant in a which has received to or individually registered program prior approval, evidenced by formal certification, by the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training. The ratio of trainees $ to journeymen shall not be greater than that permitted under the plan approved by the Bureau of Apprenticeship and Training. p Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any is employee listed on the payroll at a trainee rate who not a registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not Less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of in that the trainees, and the ratios and wage rates prescribed program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work until an acceptable program is approved. i' performed (C) Equal Emploument opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive order 11246, as amended, and i 29 C.F.R. Part 30. 25 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES (5) Compliance with Copeland Reaulations (29 C.F.R. Part 3). The contractor shall comply with the Copeland Regulations (29 C.F.R. Part 3) of the Secretary of Labor which are herein incorporated by reference. (6) Contract Termination; Debarment. A breach of clauses (1) through (5) may be grounds for termination of the contract, and for debarment as provided in 29 C.F.R. 5.6. (7) Overtime Requircments. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employ- ment of laborers or mechanics shall require or permit any Laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-haZf times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, as the case may be. (6) Violation; Liability for Unpaid Nagesl Liquidated Damages. in the event of any violation of the clause set forth in subparagraph (7), the contractor and any subcontractor responsible therefor shall be liable to any affected employee for his upaid wages. In addition, such contractor and sub- contractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such Liquidated damages shall be computed with respect to each individual Laborer or mechanic employee in violation of the clause set forth in 'subparagraph (7), in the sum of $10 for each calendar day on which such employee is required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime cages required by the clause set forth in subparagraph (7). (9) Withholding for Liquidated Damages. DOT may withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor, such sums as may administratively be determined 26 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES N to be necessary to satisfy any liabilities of such contractor or subcontractor for liquidated damages as provided in the clause set forth in subparagraph (8). 710) Final Labor Summary. The contractor and each subcontractor shall furnish to the Recipient, upon the completion of the contract, a summary o; all employment, indicating, for the completed Project, s the total hours worked and the total amount earned. (11) Final Certificate. i Upon completion of the contract, the contractor shall submit to the Recipient with the voucher for final payment I for any work performed under the contract a certificate concerning wages and classifications for laborers and mechanics, including apprentices and trainees employed on the Project, in the following form: The undersigned, contractor on (Contract No. ) hereby certifies that all laborers, mechanics, apprentices and trainees employed by him or by a subcontractor performing work under the contract on the Project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions ' applicably to the wage rate paid. Signature and title (12) Notice to the Recipient of Labor Disputes. j Whenever the contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the contractor ehalZ immediately give notice thereof, including all relevant in- formation with respect thereto, to the Recipient. (13) Disputes Clause. (i) All disputes concerning the payment of prevailing 'wage rates or classification shall be promptly reported to 27 //5'7 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOIRES l MICROFILMED BY JORM MICR LAS CEDAR RAPIDS DES MOINES the Recipient for its referral to DOT for decision or, at the option of DOT, DOT referral to the Secretary of Labor. The decision of DOT or the Secretary of Labor as the case may be, shall be final. (ii) All questions relating to the application or interpretation of the Copeland Act, 40 U.S.C. S 276c, the Contract Work Hours Standards Act, 40 U.S.C. SS 327-333, the Davis-Bacon Act, 40 U.S.C. S 276a, or Section 13 of the Urban Mass Transportation Act, 49 U.S.C. S 160d, shall be sent to UMTA for referral to the Secretary of Labor for ruling or interpretation, and such ruling or interpretation shall be final. (14) Convict Labor. In connection with the performance of work under this contract the contractor agrees not to employ any person undergoing sentence of imprisonment at hard labor. This does not include convicts who are on parole or probation. (15) Insertion in Subcontracts. The contractor shall insert in all construction subcontracts the clauses set forth in subsections (1) through (15) of this section so that all of the provisions of this section will be inserted in all construction subcontracts of any tier, and such other clauses as the Government my by appropriate instructions require. (e) Changes in Construction Contracts. Any changes in a construction contract shall be submitted to DOT for prior aoproval unless the gross almunt of the changes is $100,000 or less, the contract was originally awarded on a competitive basis, and the change does not change the scope of work or exceed the contract period. Construction contracts shall include a provision specifiying that the above requizgrent will be net. (f) Contract Security. The Recipient shall follow the requirements of Cha Circular A-102, as amended, or A-110, as may be appropriate, and UMM guidelines with regard to bid guarantees and bonding requirenents. (g) Insurance burin Contruction. 4he Recipient shall follow the Snsurance Ze cements normally required by their State and local governments. (h) Signs. The Recipient shall cause to be erected at the site of mnstruction, and maintained during construction, signs 26 i i l MICROFILMED BY JORM MICR LAS CEDAR RAPIDS DES MOINES satisfact-7 to DOT identifying the Project � indicating that the s Participating in the developme )f the Project. (i) Liquidated Aantlaes Pision. The Recipient or construction, a clause satisfactoryPto pp pTmlvrrrcltnrle in all contracts damages, if (1) DOT may reasonably expect to sufferl� for liquidated costs on the grant project involved) frau the late 4 (increases instruction and (2) the extent or amount of such damages � es won of the be difficult or impossible to assess. The assessment forgdamgesdshall be at a specified rate per day for each day of overrun deducted fran paymentsin contract time otherwise due the contractor. This rate, which must be satisfactory to DOT, must be specified in the contract. (j) Provisions of Construction Contract. The terns and conditions of each ZZ 4Jetitrvely b construction contract are subject to DOT if the estimated cost will exceed $25,000, unless and rto the extenor approval t that such prior approval is waived in writing by DOT. In addition to the equirementsngO o thisSection110, each construction contract shall ConSecin, amo , Provisions required by subsections (e), and (f) of Section 109 hereof. g (k) Actual Work by Contractor. contractor perform, on the to at least 10 percent of i by his contract. (1) Force Account. If costs Reczprent are estimated be obtained or else such Project Costs. The Recipient shall require that a construction site and with his own staff, pork equivalent the total amount of Construction park covered of construction performed by eugloyees of the o exceed $25,000, prior approval of DOT must costs may not be included as eligible i (m) HourstandaSafe Srds. Pursuant to Section 107 of the Contract Work ety Standards Act and Department of Labor j mations 29 C.F.R. 5 1926, no laborer of P �c u`Or�9 on a construction contract shall be required to pork in surroundings or under work- his conditions her health err] safer a Ytet>hazarned work - hazardous, or dangerous to aryl health standards under traction pmmrlgated by the Secretary of Labor. Section 111 (a) Environmental, Resource, and Energy Protection and Conservation Requlreunents. Ctmpliance with Ehviromwntal Standards. The Recipient shall U S Cy § 1857 et seg.); o e Clean Air Act, as am Med (42 gI•I; the Federal Water Pollution Control Act amended (33 U.S.C. 5 1251 et seq.); and in1pleren, as ting regulations, in the facilities which are involved in the Project for which federal assistance is given. The Recipient shall ensure that the facilities under ownership, lease or supervision, whether directly or under contract, that shall be utilized in the aeocmpliWr ent of the Project are not listed on the EPA's List of Violating Facilities. Contracts, subcontracts, and subgrants of mx=ts in excess of $100,000 shall contain a prevision which requires oanpliance with all applicable standards, orders, or requireuwnts issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive order No. 11738, and E nvrrorgmtal Protection Agency (EPA) regulations (40 C.F.R. art 15) . The Recipient and arty third_ eta contractor thereof shall be responsible for reporting any violations to I24TA and to 29 MICROFILMED BY JORM MICR+LAB CEDAR RAPICS • DES MOINES the EPA Assistant Adnir"_trator for Enforcement. In addition, the Recipient shall mtify UMPA of the receipt of any coMLInication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the Project is under consideration for listing in EPA. (b) Air Pollution. No facilities or equiprent shall be acquired, constructed. or Imp ovror Imp ed as a part of the Project unless the Recipient obtains satis- factory assurances that they are (or will be) designed and equipped to limit air pollution as provided in the External Operating Manual and in accordance with all other applicable standards. (c) Use of Public lends. No publicly ovmed land frau a park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance as detendned by the Federal, State or local officials having jurisdiction thereof, or any land from an historic site of national, State, or local significance as so determined by such officials may be used for the Project without the prior aoncurrenoe of DOT. (d) Historic Preservation. The Recipient shall assist UMTA in its compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order No. 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying LWA of the existence of any such properties, and by (b) orngplying with all requirements established by UMTA to avoid or mitigate adverse effects upon such properties. (e) Energy Conservation. The Recipient and its third party contractors shall recognize mazdatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in =reliance with the Energy Policy and Conservation Act (P.L. 94-163). Section 112. Patent Rights. (a) Whenever any invention, improvement, or discovery (whether or not patentable) is conceived or for the first time actually reduced to practice, by the Recipient or its mployees, in the course of, in connection with, or under the terns of this Agreement, the Recipient shall imnnediately give the Secretary of DOT, through UMTA, or his authorized representative written notice thereof; and the Secretary shall have the sole and exclusive power to determine whether or not and where a patent application shall be filed, and to determine the disposition of all rights in such invention, improve- ment, or discovery, including title to and rights under any patent appli- cation or patent that may issue thereon. The determination of the Secretary on all these matters shall be accepter] as final, and the Recipient agrees that it will, and warrants that all of its employees who may be the inventors will, execute all documents and do all things necessary or proper to the effectuation of such determination. 30 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES (b) Except as otherwise authorized in writing by the secretary or his authorized representative, the Recipient shall obtain patent agreements to effectuate the provisions of this clause from all persons who perform any part of the work under this Agreement, except such clerical and manual labor personnel as will have no access to technical data. (c) Except as otherwise authorized in writing by the Secretary or his authorized representative, the Recipient will insert in each third -party contract having design, test, experimental, develop- mental, or research work as one of its purposes, provisions making this clause applicable to the third -party contractor and its employees. (d) (1) 4Rne Recipient arra the third -party contractor, each, may reserve a revocable, nonexclusive, royalty -free license in each patent application filed in any country on each invention subject to this clause and resulting patent in which the Government acquires title. The license shall extend to the third -party contractor's domestic subsidiaries and affiliates, if any, within the corporate structure of which the third -party contractor is a part and shall include the right to grant sublicenses of the same scope to the extent the third -party contractor was legally obligated to do so at the time the contract was awarded. ltle license shall be transferable only y with approval of UWA except when transfered to the successor of that part of the third -party contractor's business to which the invention pertains. (2) The third -party contractor's nonexclusive domestic license retained pursuant to paragraph (d)(1) of this clause nay be revoked or mortified by LMM to the extent necessary to achieve expeditious practical application of the Subject Invention under 41 C.F.R. 101-4.103-3 pursuant to an application for exclusive license submitted ;( in accordance with 41 C.F.R. 101-4.104-3. This license shall not be revoked in that field of use and/or the geographical areas in which the third -party oontractor has brought the invention to the point of practical application and continues to make the benefits !1 of the invention reasonably accessible to the public. 'The third - party contractor's nonexclusive license in any foreign country reserved pursuant to paragraph (d)(1) of this clause may be revoked or modified at the discretion of LHM to the extent the third -party contractor or his domestic subsidiaries or affiliates have failed ' to achieve the practical application of the invention in that foreign country. (3) Before modification or revocation of the license, pursuant to paragraph (d)(2) of this clause, LMPA shall furnish the third -party contractor a written notice of its intention to modify or revoke the j31 110 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES license, and the third -party contractor shall be allowed 30 days (or such longer period as may be authorized by UMTA for good cause shown in writing by the third -party contractor) after the notice to shav cause why the license should not be modified or revoked. The third -party contractor shall have the right to appeal, in accordance with procedures prescribed by LHM,any decision concerning the codification or revocation of his license. (e) In the event no inventions, improvements, or discoveries (whether or not patentable) are conceived, or for the first time actually reduced to practicc by the Recipient, its employees, its third - party contractors, or their employees, in the cause of, in connection with, or under the terms of this Agreement, the Recipient shall so certify to the Secretary or his authorized representative, no later than the date on which the final report of work done, is due. (f) If the Recipient or the third -party contractor is permitted to file Patent applications pursuant to this Agreement, the following statement shall be included within the first paragraph of the specification of any such patent application or patent: The invention described herein was made in the course of, or under, a Project with the Department of Trans- portation. (g) In the event the Recipient or the third -party contractor is permitted to acquire principal rights pursuant to this clause and fails to take effective steps within 3 years after issuance of a patent on any patent applications permitted to be filed pursuant to this clause to bring the claimed invention to the point of practical application, the Secretary or his authorized representative may revoke such rights or require the assignment of such rights to the Government. (h) The Secretary or his authorized representative shall, before the expiration of three (3) years after final payment under this grant, have the right to examine any books, records, documents, arra other supporting data of the Recipient which the Secretary or his authorized representative shall reasonably deem directly pertinent to the discovery or identification of inventions falling within the criteria set out in paragraph (a), or to eoupliance by the Recipient with the requirements of this clause. The Secretary or his authorized representative shall, during the period specified above, have the further right to require the Recipient to examine any books, records, documents, and other supporting data of the third -party contractor which the Recipient shall reasonably deem directly pertinent to the discovery or 32 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 33 IIS7 MICRDf ILMED BY JORM MICR�LAB CEDAR 111111 9 DES MDImES identification of inventions falling within the criteria set out in paragraph (a) or to compliance by the third -party contractor with the requirements of the patent rights clause of the third -party contract. Section 113. Rights in Data. (a) The term "subject data" as used herein means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The tern includes graphic or pictorial delineations in media such as drawings or photographs; text in specifications or related performance or design -type docuanents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in mlgruter memory. Examples include, but are not limited to, engineering a drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term does not include financial reports, cost analyses, and similar information incidental to contract administration. (b) All "subject data" first produced in the performance of this Agree- ment shall be the sole property of the Cover. �zt. The Recipient agrees not to assert any rights at canon law or equity and not to establish any claim to statutory copyright in such data. Except for its own internal use, the Recipient shall not publish or reproduce such data in whole or in part, or in any manner or form, nor authorize others to do so, without the written consent of the Government until such time as the Government may have released such data to the public; this restriction, however, does not apply to Agreements with Academic Institutions. (c) The Recipient agrees to grant and does hereby grant to the Govern- ment and to its officers, agents, and employees acting within the scope of their official duties, a royalty -free, nonexclusive, and irrevocable license throughout the world (1) to publish, translate, reproduce, deliver, perform, use, and dispose of, in any manner, any and all data not first produced or composed in the performance of this Agreement but which is incorporated in thework furnished under this Agreement; and (2) to authorize others so to do. 1 (d) The Recipient shall indemnify and save and hold harmless the Govern - meet, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Recipient of proprietary rights, copyrights, or rights of 33 IIS7 MICRDf ILMED BY JORM MICR�LAB CEDAR 111111 9 DES MDImES Privacy, arising out of the publication, translation, reproduction, delivery, performance, use, or disposition of any data furnished under this Agreement. (e) Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government under any patent. (f) In the event that the Project, which is the subject of this Agreement, is not completed, for any reason nthatsover, all data generated under that Project shall became subject data as defined in the Rights in Data clause in this Agreement and shall be delivered as the Government may direct. This clause stall be included in all third -party contracts under the Project. (g) Paragraphs (c) and (d) above are not applicable to material furnished to the Recipientby the Government and incorporated in the work furnished under the contract; provided that such incorporated material is identified by the Recipient at the time of delivery of such work. Section 114. Cargo Preference - Use of United States -Flag Vessels. (a) 46 U.S.C. S 1241 provides in pertinent part as follows: (b)(1) Whenever the United States shall procure, contract for, or otherwise obtain for its ran account, or shall furnish to or for the account of any foreign nation withcut provision for reimbursement, any equipment, materials, or commodities, within or without the United States, or shall advance funds or credits or guarantee the convertibility of foreign currencies in connection with the furnishing of such equipment, materials, or commodities, the appropriate agency or agencies shall take such steps as may be necessary and practicable to assure that at least 50 per centum of the gross tannage of such equipment, materials, or commodities (computed separately for dry bulk carriers, dry cargo liners, and tankers), which nay be transported on privately awned United States - flag commercial vessels, to the extent such vessels are available at fair and reasonable rates for United States -flag eomexcial vessels, in such manner as will insure a fair and reasonable partici- pation of United States -flag Conmrcial vessels in such cargoes by geographic areas:... . (2) Every department or agency having responsibility under this subsection shall administer its programs with respect to this subsection under regulations issued by the Secretary of Commerce ... . 34 MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOVIES (b) (b) Pursuant to regulations published by the Secretary 4b C.F.R. Part 361, the Recipient of Cc mlerce at clauses in all contracts let by t agrees insert the following materials or cC;,.,Cdities may be transpored Recipient under Wi t' men carrying out the Project: ocean vessel in The contractor agrees -- (Z) To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, materials, or commodities Pursuant to this section, to the extent ouch vessels are available I at fair and reasonable rates for United States -flag commercial (2) To furnish within 30 days following the date of loading for shipments originating within the United States, or within 30 working days following the date of loading for shipment originating outside the United States, a legible copy of a rated, "on -board" commercial ocean biZZ-of-lading in English for each shipment of cargo described in paragraph (l) above to the Recipient (through the prime contractor in the case of subcontractor bills -of -lading) and to the Division of National Cargo, Office of Market Develop- ment, Maritime Administration, Washington, D.C. 20230, marked with appropriate identification of the Project. (3) To insert the substance of theprovisions of this clause in all subcontracts issued pursuant to this contract. Section 115. Buy America Pursuant to Section 401 of the Surface Transportation Assistance Act of 1978 P.L. 95-599, Nov. 6, 1978, and lished thereml&r, the recipient agrees that if the total trcost po 1 this Project or any ame Brent thereto exceeds $500,000,and if funds therefor are obligated by the GovenTrent after November 6, 1978, the recipient shall require with respect to any third party contract thereunder that exceeds $500,000 that only such unmenufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured articles, materials, and supplies as have been manufactured in the United States substantially all from articles, materials, and supplies mined, produced, or manufactured, as the case cn�y.be, in the United states, will be used in such Project, lidless a waiver of these provisions is granted. 35 IIS% MICROFILMED BY JORM MICR0LA13 CEDAR RAPIDS • DES MOINES Upon written request to the Secretary, the Recipient may request a waiver of the above provisions. Suds waiver say be granted if the Secretary determines; (1) their application would be interest; inconsistent with the public (2) in the case of acquisition of rolling stock, their appli- cation would result in unreasonable cost (after granting appropriate price adjustments to darestic products based on that portion of Project cost likely to be returned to the United States and to the States in the form of tax revenues); (3) supplies of the class or kind to be used in the manufacture of articles, materials, supplies are not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (4) that inclusion of domestic material will increase the cost of the overall Project contract by more than 10 per centun. Section 116. Charter and School Bus operations (a) Charter Bus. The Recipient, or any operator of sass transportation, i act Ig n its behalf, shall not engage in charter bus operations outside the urban area within which it provides regularly scheduled mass transportation service, except as provided under Section 3(f) of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. S 1602(f), and regulations published thereunder. (b) School Bus. The Recipient, or any operator of mass transportation acting on its behalf, shall not engage in school bus operations, I exclusively for the transporation of students or school personnel, in capetition with private school bus operators, except as Provided under Section 3(g) of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. S 1602(4) and requlations Published thereunder. Section 117. Compliance with Elderly and Handicapped Regulations The Recipient shall insure that all fixed facility construction or alteration and all new equipment included in the Project comply with applicable regulations regarding Transportation for Elderly and Handi- capped Persons, set forth at 49 C.F.R. Part 27. Section 118. Flood Hazards. The Recipient shall amply with the flood insurance purchase require- ments with respect to construction or acquisition purposes, of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. S 4012(a). 36 1 j I MICROFILMED BY DORM MIC R+LAa CEDAR RAPIDS • DES MOINES Section 119. Privacy. Should the Recipient, its third party contractors or its employees administer any system of records on behalf of the Federal Government, the following terms and conditions are applicable. (a) The Recipient agrees: (1) to dangly with the privacy Act of 1974, 5 U.S.C. S 552a (the Act) and the rules and regulations issued pursuant to the Act 4,en performance under the contract involves the design, development, or operation of any system of records on individuals to be operated by the Recipient, its contractors or employees to accomplish a Government function; (2) to notify the Government when the Recipient anticipates j operating a system of records on behalf of the Government in order to accomplish the requirements of this Agreement, if such system contains information about individuals which will be retrieved by the individual's name or other identifier assigned v to the irdividual. A system of records subject to the Act may not be employed in the performance of this Agreement until the necessary approval and publication requirenents applicable to the system have been carried out. The Recipient agrees to J� correct, maintain, disseminate, and use such records in accordance with the requirements of the Act, and to comply with all applicable requirements of the Act; (3) to include the Privacy Act Notification contained { in this Agreement in every third party contract solicitation and in every third party contract when the perfoanance of work under the proposed third party contract may involve the design, development, or operation of a system of records on individuals that is to be operated under the contract to acoomplish a Government function; and (4) to include this clause, including this paragraph, in all third party contracts under which work for this Agreement is performed or which is awarded pursuant to this Agreement or which ' may involve the design, development, or operation of such a system of records on behalf of the Government. (b)For purposes of the Privacy Act, % en the Agreement involves the operation of a system of records on individuals to accamglish a Government function, the Recipient, third party contractor and any of their employees is considered to be an employee of the Government with respect to the Government function and the requirements of the Act, including the 37 //S7 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES applicable except mat thecivil and criminal cres iminal violation of the Act, are In ts Or f this ��h regard to ��e to cone Y�1 � to September 2not7975. ly nation. clause will make this Previsictr>_s of the Act int subject to termi_ (c) The teams used in this clause have the following (l) "operation of a system of "rugs: of any of the activities associated pg t of ted with performance use a �s�lationehalf oof t f the Go' including the collecthe �tioonn, s. (2) "Rcord" means any tern the Pecipieinformant on ion elf o individualthat a maintained b Ping of ted to, his c �on, finGovermeancial tra�ctions,��cal history, and criminalhistory enplcyrTent identhis ifying Retia eta ying ass - number, sy„�1 and otthat her a finger or voice print, or anpho� 'ndi��, such as (3) I'S Or ofrecords., v1duals means a any records on indi the of Cove ^ from the . control of the Recipient on behalf of Of the Other identifyingor by some InformatiOn identifying retrieved by the Wane ual particular assigned to the idiviiidi� or Section 120. Miscellaneous n (a) (b) .onus or Commission. Paid, Recipient warrants that it has the Purpose of obtaining to pay, any bonus or oonmissicn for the financial assistancan °f its application for State or co trary notwathsaal law. Anything in the Agreement to the andirthe Kaci ien g' nothing in the AgrBment shall any Provision thereof, ofd Or enforce compliance with thing in contravention of moan any other act or do any other law; ceded, That if any of placable State or territorial Violate any applicable State or provisions of the Agreement with the Provisions of the Agrearenta .Id or law, or if compliance to elnatte any applicable State or territor w� the ee�apient a P will at once notify DOT in writing in order that Recipient to the and modifications may be made by DOT and the as P ssible with the project Recipient may Proceed as soon 38 MICROFILMED DY JORM MIC R�LAB CEDAR RAPIDS •DES hI0"IE5 j f (c) Ii320rds. The Recipient, and any mass rn., portatton gator ��'ch it applies will, for each local fiscal year Wring on or after July 1, 1978, oonfoan to the reporting system and the uniform systan of a000rarts and records to the ax t g required by section 15 of the Uttan Mass Transporation Act of 1964, as armnded, 49 U.s.c. $ 1611, effective for each local fiscal year ending on or after. July 1, 1978, and mm regulations. ' (d) Severabilit . If any provision of this Agreement is held invalid, the zMalnder of this Agreement shall not be affected thereby if such remainder would then oontinue to oomfonn to the terms and requirements of applicable law. 39 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES IA i 1 � 39 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES IA e I AMENDED CERTIFICATE OF THE CLERK OF THE CITY OF IOWA CITY, IOWA, TO BE FILED, INCLUDING EXHIBITS "A" & "B" ATTACHED, WITH THE COUNTY AUDITOR OF JOHNSON COUNTY, IOWA, AFTER ADOPTION OF THE RESOLUTION OF NECESSITY STATE OF IOWA ) COUNTY OF JOHNSON ) SS CITY OF IOWA CITY ) CE OF PENDING AS I, Abbie StDlfu , Clerk of the City of Iowa City, Iowa, hereby cer n y t at at a meeting of the Council of Iowa City, Iowa, held on the 17th day of was adopted a Resolution of NecessityJfor certainl980publichere improvements, said improvements being generally designated in 1979 HDI Second said resolution and in prior proceedings of the Council as the Addition Improvements. A true copy of said Resolution as originally proposed is hereby attached, marked Exhibit "A". I further certify that attached hereto, marked Exhibit 'IB", is a true and correct copy of the amended preli- minary plat and schedule of assessments, said schedule setting out the estimated assessments and estimated conditional defi- ciency assessments proposed to be made against benefited pro- perties for the purpose of paying a portion of the total overall cost of said improvements. Said assessments are a lien upon the benefited properties from the date of filing a certified copy of the Resolution of Necessity, the plat, and the schedule of assessments, as provided in Section 384.65(5) Of the Code of Iowa. Cie Iowa City Iowa (Seal) 1 -1- A"Lr• COONEY. DORWEILEII. PI A YN IES SM IT". LAWYE119. DES MOINES. IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES I 1 f I � i I I hereby cettify that on the /8 day of \%U4% 1980, there was filed with me as County Auditor of Johnson County, State of Iowa, pursuant to Sections 384.51 and 384.65(5) of the Code of Iowa, an executed copy of the cer- tificate of the Clerk of Iowa City, Iowa, as hereinabove set out, and pa copy of the items therein referred to as Exhibits A "" and "B" f1 Witness my hand and the County seal at Iowa City, Iowa, this A4, day of \.7"6- , 1980. , `' ou yAudi-tor 1• (Seal) -2- A" ^9NEY.DORWrmn.HAYNIE h SM I TH. LAW YENS, DES MOINES, IOWA MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS • DES MOINES r. I 1 f I � i I I hereby cettify that on the /8 day of \%U4% 1980, there was filed with me as County Auditor of Johnson County, State of Iowa, pursuant to Sections 384.51 and 384.65(5) of the Code of Iowa, an executed copy of the cer- tificate of the Clerk of Iowa City, Iowa, as hereinabove set out, and pa copy of the items therein referred to as Exhibits A "" and "B" f1 Witness my hand and the County seal at Iowa City, Iowa, this A4, day of \.7"6- , 1980. , `' ou yAudi-tor 1• (Seal) -2- A" ^9NEY.DORWrmn.HAYNIE h SM I TH. LAW YENS, DES MOINES, IOWA MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS • DES MOINES W June 17, 1980 The City Council of Iowa City, Iow session, 7: l Chambers, 30 o'clock the Councia, met in regular Iowa, at 7:Civic Center, To— a C— ity, on the above date. There were present Mayor John R. Balmer following named—Co— uncil Members; -' in the chair, and the Balmer, Erdah1p. Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None I I i I i -1- COONEY. DOGWEILCG. HAYNIE a SMITH. L.AWYCGG. DEG I.IOINCG. IOWA MICROFILMED BY JORM MICR+LAB r. CEDAR RAPIDS • DES MOINES r i I t .. r i I II J W June 17, 1980 The City Council of Iowa City, Iow session, 7: l Chambers, 30 o'clock the Councia, met in regular Iowa, at 7:Civic Center, To— a C— ity, on the above date. There were present Mayor John R. Balmer following named—Co— uncil Members; -' in the chair, and the Balmer, Erdah1p. Lynch, Neuhauser, Perret, Roberts, Vevera Absent: None I I i I i -1- COONEY. DOGWEILCG. HAYNIE a SMITH. L.AWYCGG. DEG I.IOINCG. IOWA MICROFILMED BY JORM MICR+LAB r. CEDAR RAPIDS • DES MOINES g Council Member Neuhauser introduced the following Resolution an moved its a option. Council Member Vevera seconded the motion to adopt. The roll was called and the vote was, AYES: Roberts, Vevera, Balmer, Erdah] Lynch, Neuhauser, Perret NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 80-230 RESOLUTION AMENDING THE RESOLUTION OF NECESSITY FOR THE 1979 BDI SECOND ADDITION IMPROVEMENT PROJECT AND APPROVING AMENDED PRELIMINARY SCHEDULE WHEREAS, on the 15th day of May, 1979 the City Council of the City of Iowa City, Iowa passed and approved a Resolution Adopting Preliminary Plat and Schedule and also a Resolution of Necessity for certain street improvements, which project was referred to as the ('1979 DDI Second Addition Improvement Project"; and WHEREAS, the owners of property within the benefited area have filed a petition and waiver requesting that certain addi- tional improvements be added to the above project and con- senting to assessment therefor; and WHEREAS, owners of certain property which was assessed for said street improvements have filed in the office of the City Clerk a plan of division of said property pursuant to Section 384.61 of the City Code of Iowa, 1979; and WHEREAS, said plans for division of said property and assessment has been filed with the City Clerk together with revised preliminary assessment schedule attached thereto as Exhibit A and revised preliminary plat attached thereto as Exhibit B; and WHEREAS, this Council has read and examined the property owners' plan of division, and the same appears to be reasonable and proper; -2- AHLERS. COONEY. DORWEILER. HAYNIE A SMITH, LAWYERS, DES MOINES, IOWA 0 MICROFILMED DY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES yid 0 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. 'That the Petition and Waiver for additional improvements attached hereto is approved. Said additional improvements are hereby added to the project and to the construction contract therefor at the same unit prices as provided in the original contracts therefor, as follows (list contracts affected): a) To such contracts as are determined to be in process and where contractors are willing to accept the additional work on the same basis; b) In all other instances the construction work will be let at public bids pursuant to 384.95 et. seq. The approval of the supplementary petition and waiver is subject to Council determination that satisfactory contract prices can be obtained to permit the construction within the estimates established in the Preliminary Assessment Plat and Schedule. Section 2. That the proposed plan of division of the property and assessment, as set out in the preamble of this resolution, be and the same is hereby confirmed and approved, Section 3. That the resolution of necessity approved at a meeting of this Council held on the 15th day of May, 19790 for the construction of the 1979 BDI Second Addition Improvement Project, be and the same is hereby amended by describing the properties to be assessed as follows: Lots 1 through 8, inclusive, in BDI Second Addition to Iowa City, Iowa; and Lot No, 6, Auditor's Plat 32, Iowa City, Johnson County, Iowa, as recorded in Johnson County Recorder's Office, Plat Book 16, Page 79, except all that area described as Lot No, 1, B.D.I. Third Addition, as recorded in Johnson County Recorder's Office, Plat Book 17, Page 83, and except all that area described as B.D.I. Second Addition to Iowa City, Iowa. and further, that the preliminary plat and schedule of assessments for said project bo and the same is hereby amended by adopting in lieu thereof: the Amended Preliminary Plat and Schedule of Assessments filed herewith. The City Clerk is directed to certify the amended preliminary schedule to the -3- con•. n sumo. I.,wrnm, nr'n Mou¢a. IOWA 0 MICROFILI4ED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES 115? le�, County Auditor. Final assessments shall be made against indi- vidual properties in amounts not exceeding the assessments shown in the amended schedule. PASSED AND APPROVED this 17th day of June 1980. 4may-or ATTEST: City Clerk -4- A HLERS. COONEY. DORWEILER. HAYNIE 6 SMIT H. LAWYERS. DES MOINES. IOWA 0 MICROFILMED BY JORM MIC R+LA8 CEDAR RAPIDS • DES MOINES J L. r PETITION AND WAIVER FOR ADDITIONAL INPROVEh1ENTS THIS AGREEtIENT made and entered into by and between the City of Iowa City, Iowa, hereinafter called the CITY, and the undersigned property owners in said City, hereinafter called the PROPERTY OWNERS, WITNL•'SSETH: WHEREAS, the City proposes to construct street, sewer and Other improvements ("improvements") in said City; and WHEREAS, the undersigned Property Owners desire that the improvements be constructed to benefit their respective pro- perties and that special assessments be levied against their property as hereinafter described opposite their names. The general description and location of said improvements being as follows: The beginning and terminal points of said additional improvements shall be as follows: Proposed additional site improvements consist of constructing storm sewer, sanitary sewer, water main, Portland cement concrete paving, together with the required grading and related work on the following streets: Heinz Road extended from the end of the existing pavement (780 feet north of the south line of B.D.I. Second Addition to Iowa City, Iowa), northerly 329 feet. The Properties to he asessed are described as follows: Lots 1 through 8, inclusive, in DDI Second Addition to Iowa City, Iowa; and Lot No. 6, Auditor's Plat 32, Iowa City, Johnson County, Iowa, as recorded in Johnson County Recorder's Office, Plat Dock 16, Page 79, except all that area described as Lot No. 1, B.D.I. Third Addition, as recorded in Johnson County Recorder's Office, Plat Book 17, Page 83, and except all that area described as B.D.I. Second Addition to Iowa City, Iowa. -1- /1lmcn5. COONCY. Doriw CILC". HAMM R 5111M. LAWYC119. DCS 6101NC!, IOWA 0 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I x1 z u I � v i �4a S' II R r f I,� i. ii i E I a 1 C PETITION AND WAIVER FOR ADDITIONAL INPROVEh1ENTS THIS AGREEtIENT made and entered into by and between the City of Iowa City, Iowa, hereinafter called the CITY, and the undersigned property owners in said City, hereinafter called the PROPERTY OWNERS, WITNL•'SSETH: WHEREAS, the City proposes to construct street, sewer and Other improvements ("improvements") in said City; and WHEREAS, the undersigned Property Owners desire that the improvements be constructed to benefit their respective pro- perties and that special assessments be levied against their property as hereinafter described opposite their names. The general description and location of said improvements being as follows: The beginning and terminal points of said additional improvements shall be as follows: Proposed additional site improvements consist of constructing storm sewer, sanitary sewer, water main, Portland cement concrete paving, together with the required grading and related work on the following streets: Heinz Road extended from the end of the existing pavement (780 feet north of the south line of B.D.I. Second Addition to Iowa City, Iowa), northerly 329 feet. The Properties to he asessed are described as follows: Lots 1 through 8, inclusive, in DDI Second Addition to Iowa City, Iowa; and Lot No. 6, Auditor's Plat 32, Iowa City, Johnson County, Iowa, as recorded in Johnson County Recorder's Office, Plat Dock 16, Page 79, except all that area described as Lot No. 1, B.D.I. Third Addition, as recorded in Johnson County Recorder's Office, Plat Book 17, Page 83, and except all that area described as B.D.I. Second Addition to Iowa City, Iowa. -1- /1lmcn5. COONCY. Doriw CILC". HAMM R 5111M. LAWYC119. DCS 6101NC!, IOWA 0 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I N W N019, THEREFORE, FSP•. IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS: As soon as practicable the City shall have the right to cause the above described improvements to be constructed in accordance with such plans and specifications as it shall deem appropriate. The construction of said improvements shall be under the supervision of an engineer to be selected by the City. For the purpose of this Agreement, the City may elect to enter into contract for the construction of said improvements as a part of any contract for a public improvement project entered into prior to the receipt of this instrument as authorized by Section 384.41(2) of the City Code of Iowa. In consideration of the construction of said improvements, the undersigned Property Owners hereby waive the public hearing on the adoption of the Resolution of Necessity and the mailing and publication of Notice thereof, and all other legal formalities of whatsoever hind or character required by the laws of Iowa to be observed by cities in the construction of said improvements where the expense of such improvements is to be assessed against private property. The undersigned Property Owners each and all hereby expressly waive each and every question of jurisdiction, the intention of the Property Owners being to authorize and direct said City to construct the improvement without requiring any of the formalities or legal proceedings required of cities by the statutes of. Iowa. It is further agreed that when said improvements have been constructed in accordance with the plans and specifications that the City may make assessments against the properties of the undersigned Property Owners for the entire cost of the construction of said improvements, including the cost of engineering, supervision, and preparation of assessment schedule, and that said assessments so made shall be a lien upon the properties hereinafter described, and each of the undersigned Property Owners hereby agrees to pay the amount which is thus assessed against iris property, and said assessment shall have the same legal force and effect as if all the legal formalities provided by law in such cases had been fully and faithfully performed and observed. Each of the undersigned Property Owners hereby expressly waive every objection to said assessment, any limitation of the amount thereof as a percentage of valuation and any right to defer or postpone payment of the assessment. Said assessment shall be -2- A111.LN5, COONCY, DORWCILCN. IIAYNIC n S+MIT11. LAWYLNS, DL. MOINES. IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I n paid by the undersigned Property Owners within the time pro- vided by Statute for the payment of special assessments for such improvements. All property owners entitled to Agricultural deferment under Chapter 384 of the City Code of Iowa hereby waive their right to such deferral. The amount and proportion of the cost of the improvements, to be paid by the several Property Owners, shall be ascer- tained and determined by the Engineers and by them reported to the City Council which shall make such changes or alterations as they may require, and when said assessments are finally passed by the Council and by it levied, they shall constitute the assessments against the properties. The City's Engineer has prepared a preliminary schedule of assessments for each of the properties included in the district, which schedule is attached hereto as Exhibit Property owners and City agree that no final assessments will exceed the amount shown on said Exhibit "A" by more than 0 % Property Owners hereby authorize the City Council to pass any Resolution requisite or necessary to order and secure said improvements, to provide for the construction of the same and to make the assessments herein provided for, without further notice to said Property Owners, or any of them, and any such Resolution may contain recitals that said improvements are ordered or made by the Council without petition of property owners, without in any way qualifying this petition or releasing the Property Owners from their obligation to pay the assessments levied against their property for the cost of said improvements and to issue improvement bonds payable out of said assessments. Each Property Owner warrants that his real estate described below is free and clear of all liens and encumbran- ces other than for ordinary taxes, except• for such liens as are held by lienholders hereinafter listed and designated as signers of this Petition and Waiver, who by execution of this Petition consent to the subordination of their lien to the special assessment liens herein described. Each Properly Owner further agrees to subordinate the sale of any part of his listed property to the terms of this,Petition and Waiver, and, upon failure to do so, to pay the full amount- of the. assessment• on demand. Each lienholder designated below, by execution of this Petition and Waiver, agrees and consents that his lien or liens shall be subordinated to the lien of the assessments levied pursuant• hereto. -3- A)ILER9,COONCY. DORWCILCII. Ii AYNIC F. iM I T11, I_AWYI:R4. Dlm' MOIN E". IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES //Sy Property Owners agree that this Petition and Waiver shall be effective and binding from and atter the approval hereof- by resolution of the City Council. It is requested that the additional improvements be added to the 1979 BDI Second Addition Improvement Project. Dated this 17th day of June , 1980. Presented to the City Council on June 17 , 1980. Approved by the City Council on June 17 , 1980. Q�Z, !_% C SIG14ATURE OF PROPERTY OWNER DESCRIPTION OF PROPERTY - Lots 1 through 8, YiCIMIVO, itrBDl 5etcsrid-70dition to.Ioaa City, d}�7SrnnS�pr�rn�ll�vr,��(pt�(� Iaaa; and Lot No. 6, Auditor's Plat 32, TowrCit,I isori Co-,Mty, IVa; as recorded in y; Johnson County Recorder's Office, Plat Book 16, B .ODnt except resiQen -/ age , excep all thatarea de.scribed as Lot By: �Lltcuaf ✓�1� CtCt� No. 1, B.D.I. Third Addition, as recorded in Secretary Johnson un —REE rder sUE if ce, Plat Book 17, Page 83, and except all that area described as SIGNATURE OF LIENHOLDW3 B.D.I. Second Addition to Iowa City, Icyaa. FiAy�M STA'I$irrSlfKI- 10:•717ZTLY, MIA FIRST NATJNA�L,DANK, IOWA CQITY, IOWA IO BY Vice -President —n— A 141.EnS. Coor¢v, DOnwE i LER. HAYWr n Sm rrn, LAWVEn S, DES 1.101UM IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES CITY, IOWA b R r� RESOLUTION NO. 80-231' 1 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY AND BUSINESS DEVELOPMENT, INC. (BDI), PROVIDING FOR THE REIMBURSEMENT TO BDI OF ANY EXCESS FUNDS RECEIVED BY THE CITY FROM THE SPECIAL ASSESSMENT LEVY FOR THE 1979 BDI SECOND ADDITION IMPROVEMENT PROJECT. WHEREAS, the City of Iowa City has adopted a Resolution of Necessity and a Resolution Adopting the Preliminary Plat and Schedule for the 1979 BDI Second Addition Improvement project; and WHEREAS, the City of Iowa City and Business Development, Inc. have provided for a 10% default fund in the estimated total cost of the improvement project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is authorized to sign and the City Clerk to attest an agreement between the City and Business Development, Inc., providing that any amount collected in excess of the funds necessary for the payment of the principal and interest on the special assessment bonds for the 1979 BDI Second Addition Improvement Project shall be reimbursed to BDI. It was moved by Neuhauser and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this 17thday ATTEST:_ City Clerk f MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES June Mayor M Received a A I .;,,:vd By 7,ia L3al Dal.,,r:nanf III AGREEMENT This agreement, made and entered into this ?)%- day of June, 1980, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and Business Development, Inc., hereinafter referred to as BDI. Whereas, the City has adopted a Resolution Adopting the Preliminary Plat and Schedule and a Resolution of Necessity for certain street improvements, known as the 1979 BDI Second Addition Improvement Project, assessing the costs of the project against parcels owned by BDI; and Whereas, the City intends to issue special assessment bonds to finance the cost of the improvement project. It is therefore agreed by and between the City and BDI, as follows: 1. Upon payment of all outstanding special assessment bonds for the 1979 BDI Second Addition Improvement Project, the City shall provide an accounting to BDI of all proceeds from the assessment. Any amount collected in excess of the funds necessary for the payment of the prin- cipal and interest on the special assessment bonds shall be reimbursed to BDI. All special assessment installments which remain outstanding at the time of the payment of all the special assessment bonds for the project shall be cancelled. CITYOFIOWA CITY a r Attest: Q C erk MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES BUSINESS DEVELOPMENT, INC. By: Attest��'Ync�/velN��tc6Lw Ily Tilr: i.•;;ul ;I••J;;,G7(A:nf ,_.rL _. 6 ' 7y_----- 10*7 O',761. jrtOfaf, e�R,r• • MUNICIPAL FINANCE CONSULTANTS PAUL O. SPE E R,IW r•euvu ELWOOD DARCF RICHARD A PAVIA ]HOMAS E.COUGHLAO PAUL O.(PETE) SPEER, JR OGDEN MNIFFIN, JR. BRENDA N.WAIDZULIS CONNIE L.SE%TON LAWRENCE J. RIMMER WATCRLOO,MWA SO)O] 1]1912]v'1R54 The Honorable Mayor and Council Civic Center Iowa City, Iowa Attention: Mr. Meal G. Berlin City Manager Ladies and Gentlemen: ✓S(/J�i.7i_��[onttHi �.Cctl rt��i��, J,�izcvi G0609 AREA 312 - 345-0858 June 2, 1980 We have been furnished by Ahlers, Cooney, Dorweiler, Haynie c Smith with the final documents concerning the industrial revenue bond issue of the City of Iowa City on behalf of E.B. E A.C. Whiting Company. We have gone over the documents and have made some minor comments to the bond attorneys. One of those comments was a suggestion that there be incorporated into the proceedings the provision that the City through the trustee will become the beneficiary In order to Insure payment of principal and Interest on the bonds of the proceeds, of any guarantee of the loan repayments. As drafted, the bond purchaser requires that the loan guarantee be direct to them. That, of course, would hold them harmless from any default by the original borrower but it would still not provide for payment through the trustee of the amount of principal and interest due on the bonds. We understand from the bond attorneys that they are making a provision in the trust agreement which will make the trustee and the City the beneficiaries of any loan guaranties. We believe that the documents are in order and we recommend that the City proceed to issue the bonds and make the loan to the Whiting Company. PDS:tc cc: Mr. Thomas E. Stanberry Ahlers, Cooney, Dorweiler, Haynie E Smith Respectfully submitted, PAUL D. SPEER G Associates, Inc. JPresident ESTABLISHED 1954 An Affiliate of Duff and 1'helpe, Inc. MICROFILMED BY JORM MIC R+L AB CEDAR RAPIDS • DES MOINES 9 a AGREEMENTS/CONTRACTS i Attached are unexecuted copies of as signed by the Mayor. After their execution by the second party, please route 1) A -(I—ee 3) e). D, T. 4) 5) 't�tL�2L2_ ---�is to be responsible for completion of this procedure. After receipt of originally signed document from you, a xerox copy will be returned to your office. Abbie Stolfus, CMC City Clerk MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES isy 4 I� d 5 RESOLUTION NO. 80-232 RESOLUTION ENGAGING AUDITOR FOR YEAR ENDING JUNE 30, 1980 BE IT RESOLVED by the City Council of Iowa City, Iowa that the firm of McGladrey, Hendrickson & Company, Certified Public Accounts, be engaged to conduct the audit for the City of Iowa City for the year ending June 30, 1980. BE IT FURTHER RESOLVED that the City Clerk be appointed to notify the State Auditor. It was moved by Perret and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch X Neuhauser X Perret x Roberts x Vevera Passed and approved this 17th day of June , 1980. �- ,fYOR Gee .IJ CITY CLERK MICROFILMED BY DORM MICR+LAO CEDAR RAPIDS • DES MOINES Received & Approved by The Legal DepadTmnt i CITY OF IOWA CITY . CIVIC CENTER 410 E. WASI IINCION Sl: IOWA CITY IOWA 52-240 1 (319) 354.18C0 June 24, 1980 Richard D. Johnson, CPA, Auditor of State State of Iowa State Capitol Building Des Moines, Iowa 50319 Dear Auditor Johnson: Enclosed please find Resolution 80-232, adopted by the Iowa City City Council on June 17, 1980, as notification required by Chapter 11 of the State Code that the City has hired McGladrey, Hendrickson R Co., CPA; to conduct the audit for the year ending June 30, 1980 Yours very truly, Abbie Stolfus, CMC City Clerk MICROFILMED BY DORM MICR+LAO CEDAR RAPIDS • DES MOINES a i! a :i ii e . I CITY OF IOWA CITY . CIVIC CENTER 410 E. WASI IINCION Sl: IOWA CITY IOWA 52-240 1 (319) 354.18C0 June 24, 1980 Richard D. Johnson, CPA, Auditor of State State of Iowa State Capitol Building Des Moines, Iowa 50319 Dear Auditor Johnson: Enclosed please find Resolution 80-232, adopted by the Iowa City City Council on June 17, 1980, as notification required by Chapter 11 of the State Code that the City has hired McGladrey, Hendrickson R Co., CPA; to conduct the audit for the year ending June 30, 1980 Yours very truly, Abbie Stolfus, CMC City Clerk MICROFILMED BY DORM MICR+LAO CEDAR RAPIDS • DES MOINES RESOLUTION NO. 80-233 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR ELDERLY SERVICES IN THE IOWA CITY AREA WITH JOHNSON COUNTY ELDERLY SERVICES AGENCY. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to older people in Iowa City who are in need of ° programs which aid them in their efforts to remain independent, and WHEREAS, the City of Iowa City is empowered by the state law to enter into contracts and agreements, and WHEREAS, Johnson County Elderly Services Agency is in the process of obtaining the status of non-profit corporation and will be organized and operated under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Neuhauser and seconded by _ perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved thisl7th day of June , 1980. YOR 7 ATTEST: CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES Received $ APProved By the Legal Uepartnw rN G D 9 AGREEMENT This agreement was made and entered into on the !J/J day of ,e" by and between the City of Iowa City, Iowa, a m icipal corporation hereinafter referred to as the "City", and the Johnson County Elderly Services Agency, hereinafter referred to as the "ESA" for one (1) year beginning with the signing of this agreement. This agreement shall be subject to the following terms and conditions, to - wit: 1. ESA shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The ESA shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation or disability. I. SCOPE OF SERVICES The ESA will conduct the following programs: i 1. Comprehensive outreach and information and referral. 2. Limited -service chore/handymen. 3. Advocacy. II. FUNDING The City shall pay to the ESA the sum of $20,000 in FY81 with the agreement between the parties that the $20,000 shall be allocated toward administra- tion, travel, equipment and supplies necessary for the facilitation of the program specified. III. GENERAL ADMINISTRATION A. The City shall transfer the funds in quarterly payments, the first payment to occur at the time of signing. I 8. The Director of the ESA shall submit monthly financial reports and quarterly financial and program reports on forms provided by the City. C. The ESA will provide a fiscal summary at the end of the contract period on forms provided by the City. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1163 9 8 2 D. The ESA will submit a summary report on program areas at the end of the conbract period on forms provided by the City. E. All outstanding bills are to be paid upon termination within a 30 day period and with no liability of the City beyond that 30 day period. F. The ESA agrees that its staff and agents will not travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract with City funds except as may be authorized by the City. G. The ESA agrees to carry the following minimum amount of general comprehensive coverage: $300,000 personal/bodily injury for any one occurrence $ 10,000 property damage for any one occurrence ESA further agrees that each agent, employee and/or volunteer acting for or on behalf of ESA will carry their own auto liability coverage with the minimum amounts. Copies of said policies are to be furnished to the City upon request. H. The ESA agrees to defend, indemnify and hold harmless the City, its officers, agents and employees, from and against all liabilities resulting from any unlawful acts and/or any and all negligent acts or omissions on the part of the ESA in the performance of the conditions set forth in this agreement. I. This contract may be terminated upon a 30 -day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1901 except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. 1 FOR JOHNSON COUNTY ELDERLY i FOR THE CITY OF IOWA CITY: SERVICES AGENCY: 1 j /MAYOR NAME i ATTEST: /A' ' ! CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES TITLE Recoived & Approved By The Legal DePaHm"t 22 RESOLUTION NO. 80-234 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY POLICE PATROLMEN'S ASSOCIATION, TO BE EFFECTIVE JULY 1, 1980 THROUGH JUNE 30, 1981. WHEREAS, the City of Iowa City, Iowa, (hereinafter the City) and the Iowa City Police Patrolmen's Association, (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentativecollective bargaining agreement to be effective July 1, 1980, through June 30, 1981, a copy of which Agreement is attached to this resolution as "Exhibit All and by this reference made a part hereof, and WHEREAS, the Union has approved the Agreement by a vote of its membership, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. It was moved by Erdahl that the resolution ad be adopted,seconded and upon rollrret call there Were: AYES: NAYS: ABSENT: _x Balmer x Erdahl x__ -- Lynch x --- Neuhauser Perret Roberts —X_ Vevera Passed and approved this 17thday of June ---�_, 1980. .1AY R' ATTEST: C^fit CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Pc :gPvC4 8, Apprnv(!d At lTjo 6efjal DepartMv.1t llb� A A a R p rr �i i f i I RESOLUTION NO. 80-234 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY POLICE PATROLMEN'S ASSOCIATION, TO BE EFFECTIVE JULY 1, 1980 THROUGH JUNE 30, 1981. WHEREAS, the City of Iowa City, Iowa, (hereinafter the City) and the Iowa City Police Patrolmen's Association, (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentativecollective bargaining agreement to be effective July 1, 1980, through June 30, 1981, a copy of which Agreement is attached to this resolution as "Exhibit All and by this reference made a part hereof, and WHEREAS, the Union has approved the Agreement by a vote of its membership, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. It was moved by Erdahl that the resolution ad be adopted,seconded and upon rollrret call there Were: AYES: NAYS: ABSENT: _x Balmer x Erdahl x__ -- Lynch x --- Neuhauser Perret Roberts —X_ Vevera Passed and approved this 17thday of June ---�_, 1980. .1AY R' ATTEST: C^fit CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Pc :gPvC4 8, Apprnv(!d At lTjo 6efjal DepartMv.1t llb� A �12ze657 CONTRACT BETWEEN CITY OF IOWA CITY, IOWA AND THE IOWA CITY POLICE PATROLMEN'S ASSOCIATION JULY 1, 1980 TO JUNE 30, 1981 //o/ 1ICROE W110 BY JORM MICROLAB HOAR RAPIDS • UES HOMES !"1 TABLE OF CONTENTS MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES //614-1 PAGE PREAMBLE . . . , , , ARTICLE I -- RECOGNITION . ARTICLE II -- MANAGEMENT RIGHTS. . ARTICLE III - CHECK OFF . . ARTICLE IV -- UNION BUSINESS AGENTS. . ARTICLE V -- UNION MEETINGS. . ARTICLE VI -- BULLETIN BOARDS. . ARTICLE VII -- SENIORITY . . ARTICLE VIII -- DAILY AND WEEKLY HOURS OF WORK . . ARTICLE IX -- OVERTIME -STANDBY . . ARTICLE X -- HOLIDAYS. . ARTICLE XI -- VACATIONS. . ARTICLE XII -- SICK LEAVE. . ARTICLE XIII -- SPECIAL LEAVES , ARTICLE XIV -- LAY-OFFS. . ARTICLE XV -- TRAINING . , ARTICLE XVI -- PERSONNEL TRANSACTIONS -RULES. . ARTICLE XVII -- SHIFT TRANSFERS. . ARTICLE XVIII -- INSURANCE . , ARTICLE XIX - EQUIPMENT. . , , , ARTICLE XX -- WEAPONS AND SPECIAL EQUIPMENT. . , , , ARTICLE XXI -- ADEQUATE FACILITIES . ARTICLE XXII -- UNIFORMS . , ARTICLE XXIII -- DUTY OUTSIDE THE CITY . , ARTICLE XXIV -- SUPPLEMENTAL EMPLOYMENT. , ARTICLE XXV -- POSITION CLASSIFICATION . . ARTICLE XXV1 -- GRIEVANCE PROCEDURE. , MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES //614-1 MICROFILMED BY JORM MICR+LAB i CEDAR RAPIDS • DES MOINES PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the IOWA CITY PATROLMEN'S ASSOCIATION, called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimination. The parties specifically agree to the following Articles: � I MICROFILMED BY JORM MICR+LAB I CEDAR RAPIDS • DES MOINES i ■ i 6 w 6 3 i PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the IOWA CITY PATROLMEN'S ASSOCIATION, called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimination. The parties specifically agree to the following Articles: � I MICROFILMED BY JORM MICR+LAB I CEDAR RAPIDS • DES MOINES i ■ ARTICLE I RECOGNITION `.ar.tion I. the City recognises the Union 'is the exclusive bar- it] agent los all employees within the classification set forth in Sec lion 2 of this Article. i Section 2. The bargaining unit covered by this Agreement shall include all Iowa City police officers and does not include the Police Chief, Captains, Sergeants, and any other individuals who are or may become , supervisory, or less t time employees or�those excluded tbyeChapter 20, Code of Iowahan half- Section 3. The City and the Union will negotiate only through between authorized officers eand supervisors contraryltosentatives and there Wilbthe terms ainethgiseAgree- ment. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS -Section 1. Except as limited by the provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, Powers and authority include, but are not limited to, the following: a. To direct the work of its employees. b• To hire, promote, demote, transfer, assi officers within the gn and retain Iowa City Police Department. d. C. To suspend or discharge officers for proper cause. To maintain the efficiency of governmental operations. e. To relieve officers from duties because of lack of work or for other legitimate reasons. f. To determine and implement methods, means, assignments in personnel by which its operations are to be conducted and to develop and enforce rules of work and safety standards. 9• To take such actions as may be necessary to carry out its mission. h• To initiate, prepare, certify and administer its budget. i. To exercise all powers and duties granted to it by law. 2 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ARTICLE III CHECK OFf Section I. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month for the pay of those employees who individually authorize in writing that such deductions be made. Authorizations delivered to the City ten (10) days prior to the first day of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. i Section 2. Check off moneys will be deducted from the first pay 1 check of each month, and shall be remitted, together with an itemized ! statement, to the Union Treasurer within the ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the month after which the officer is no longer a bargaining unit. An part of the officer may voluntarily cancel or revoke authorization for check off upon ten (10) days written notice to the City and the Union. q Section 4. The City agrees to withhold, upon receipt of proper I authorization from an officer, the sum of Five Dollars ($5.00) monthly from each officer's salary to be paid by the City at least once quarterly to Treasurer, Local 16 of the Iowa City Policeman's Association. Section 5. The City will not be liable for damages arising by virtue of mistakes in connection with funds collected under the pro- visions of this Article. ARTICLE IV UNION BUSINESS AGENTS Section I. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities during regular working hours for the purpose of investigating and administering matters relating to this Agreement. a Section 2. The Union shall notify, in writing, the City Manager and Chief Of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such investigation. Any such investigation or administration shall be conducted so as not to interfere with routine City business, and any such agent shall comply with City safety and security regulations. F i 3 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ARTICLE v UNION MEETINGS Section 1. Officers may use City facilities when available for the purpose of holding scheduled Union meetings. Section 2. With the permission of the Chief of Police, officers on duty may be permitted to attend any Union meeting. ARTICLE VI BULLETIN BOARDS Section 1. The City shall provide a bulletin board to be located in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorsement or any libelous material and no political notice shall be posted urging support of any specific cause or candidate. Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. ARTICLE VII SENIORITY Section I. Seniority shall mean the status, priority, or pre- cedence obtained as a result of continuous length of service as an Iowa City police officer. Seniority shall commence on the date of employment as an Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2. The City in cooperation with the Union shall maintain and keep posted on the bulletin board referred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: a. Resignation. b. Discharge for just cause. C. Absence from work for a period of three (3) consecutive scheduled working days without notifying the City or without good excuse. d. Giving a false reason for leave of absence. e. Failing to report for work within fifteen (15) days after notice from the City (by United States Certified Mail with Return Receipt Requested to last known address) notifying him/her to report for work following lay-off. Section 4. Seniority shall accrue during all special leaves, disabilities, sickness, vacation or other periods of time unless there is a specific provision to the contrary in this Agreement. In 4 MICROFILMED RY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Lhe event that more than one individual has the same seniority date the order of beniority will be determined by lot. Section 5, Except as otherwise specifically provided herein, seniority shall be the controlling factor to be considered in making determinations for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where required by Federal or State law. MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES ARTICLE VIII DAILY AND WEEKLY HOURS OF WORK I Section 1. Work Week. a. The work week for officers who are not working a continuous shift shall consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the # officer and his/ her supervisor. b. The work week for all other officers shall commence on a date to be tFFF 9 arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Six (6) consecutive eight (8) hour days followed by two (2) consecutive ? days off for four (4) consecutive periods; and thereafter ? (2) Six (6) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (3) Five (5) t consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (4) A repetition of the above schedule. Section 2. Work Dai, A work day shall consist of eight (8) consecutive hours with the f officer reporting fifteen (15) minutes prior to the commencement thereof and staying, if requested to do so, fifteen (15) minutes after such work period. S Section 3. Rest Periods. To the greatest extent possible, each officer shall be ( granted two (2) fifteen (15) minute rest periods during each work day. The first i rest period to occur between the second and third hour, and the second I rest period to occur between the fifth and sixth hour. The rest periods set forth herein may be varied S upon mutual agreement of the officer and his supervisor. Section 4. Lunch Period, To the greatest extent possible, each officer shall be granted a lunch period of not less than thirty (30) minutes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the j supervisor. officer and his i Section 5. Notification. To the greatest extent possible, an officer shall be notified twenty-four (24) hours in advance if he is required to work on a day off. 5 MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES 1 I. Section 6. Straight Time Pay. Straight time pay (sometimes herein referred to as regular pay or regular wage) shall mean the base hourly rate paid for the regular working ay and workithly ng eek and shall be calculated by multiplying the lary times twelve. (12) and dividing that amount by two thousand eighty (2,080) hours. ARTICLE IX OVERTIME - STANDBY Section 1. Overtime. With the exception of Section 8 of this Article, overtime is work performed by an officer in excess of eight (8) hours a day, forty (40) hours a week, or minimal call-in time as hereinafter defined. All overtimehall be thereof the subject of a and each officer written instrument specifying the overtime shall receive a copy ve any the ch city. Authorization ent after the same thesshift en approved or disapproved by Y• commander is required for overtime work. Section 2. Overtime will be compensated at the rate of one and One-half (1�) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. Section 3. An officer who has left work and is recalled with less than twenty-four (24) hours prior notice shall receive credit for a minimum of two (2) hours of overtime. Section 4. Overtime Equalization. a. To the greatest extent possible, overtime shall be assigned to officers equally considering seniority, the type of work required, the ability of the individual officer, his/her availability, and his/her desire to perform the overtime service. b. The City shall maintain and post (at least monthly) in a prominent place in the Police quarters, a list of classifications showing overtime hours worked by each officer, and shall keep such list current with accumulated overtime being credited foward. Overtime accumulation shall commence on July 1 of each year (see Section 7 below). Section 5. Overtime Rest Period. if an officer is required to work two (2) or more hours immediately following and beyond his/her normal work day, he/she shall receive either: a. A rest period of at least one-half (4) hour immediately following his normal work day, or at b, the overtime overtime as a One the officer and hidscompensation supervisor may determine. MICROFIL14ED BY JORM MIC R+LAB CEDAR RAPIDS • DES MOINES Section 6. Stand-by Time. The parties realize that it may be necessary or desirable for the City to require officers to be available on a stand-by status where they may be called to duty upon short notice. The City shall advise such officer at the earliest Possible date of any such required stand-by service, and the officer shall receive one hour of compensation at straight time for each eight (8) hours of stand-by time. This provision shall not be applicable to detectives on normal week or weekend call. Section 7. Accumulated Overtime. Overtime accumulation for time off shall not exceed forty (40) hours in any one fiscal year and any excess in accumulation over forty (40) hours shall be paid. No overtime shall be carried over from one fiscal year to another and any overtime accumulated at the end of the fiscal year shall be paid. f 1 Section 8. The greater of two (2) hours or actual time spent will be credited to an officer when, in obediance to a subpoena or direction by proper authority, appears for the federal government, the State of Iowa, or a political subdivision, or in a private litigation when not a party to the litigation. When such appearances are duty related, the officer will be compensated at the overtime rate. ARTICLE X HOLIDAYS Section I. The following days shall be paid holidays for officers: New Year's Day (January 1); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one i personal leave day. Section 2. In addition, there shall be granted to officers who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that officers observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, the officer may select a particular day subject to the approval of his supervisor. Such officers will be allowed to take the day preceding or following a holiday as designated by the City Manager if the holiday falls on the officers day off. Section 3. Police officers on a continuous shift shall receive eighty-eight (88) hours of holiday credit on July 1 annually. Any continuous shift officer who begins work after July 1 of any year will receive credit for the remaining holiday dates until the following July 1. If an officer separates after July 1 of any year, those holiday dates which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay, 7 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES e.g., Officer A receives credit for eighty-eight (88) hours of holiday time on July 1. The officer terminates on November 1 and HAS NOT USED ANY holiday hours. He would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Officer B receives eighty-eight (88) hours of holiday credit on July 1. Officer B terminates November 1 and HAS USED forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from the last week's wages. If an officer works a full shift on a holiday, four (4) hours of additional holiday credit will be given during the pay period in which the holiday occurs. If an officer works less than a full shift on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section 4. For the purpose of this Article, the holiday begins at 11:00 p.m. on the day preceding the holiday date and continues for a period of twenty-four (24) hours thereafter. The shift starting time controls holiday designation. For non -continuous shift officers, a holdiay which occurs on Sunday will be observed on the following Monday. One which falls on Saturday will be observed the preceding Friday. ARTICLE XI VACATIONS Section 1. Vacations shall be earned and accumulated by pay period according to the following schedule: Length of Service Days Earned Per Month 0-5 years 1 5-10 years 1 1/4 10-15 years 1 1/2 15-20 years 1 3/4 20 years plus 2 The maximum annual carryover from one year to another shall be two hundred twenty-four (224) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety-two (192) hours. ARTICLE XII SICK LEAVE Section 1. Accumulation. Officers shall be granted one (1) day of sick leave for each month, and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be granted for an officer having a leave without pay. Any officer granted a paid leave shall continue to earn sick leave. MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS DES MOINES Upon termination of employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one-half (�) Of the officer's then current hourly base salary. An officer must have been employed by the City for at lest one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of—Sick Leave a. After completion of the initial probationary period, a day or accmulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour -to -hour basis. A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable notification by the supervisor of the need for a doctor's statement will be given in order to allow time to comply. b. In addition to sickness of an officer, sick leave may be used for: (1) Duty connected disability. (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the officer's mother, .father, mother-in-law, father-in-law, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. (3) Health maintenance needs, e.g., doctor or dentist appointments. The officer will make every attempt to schedule such appointments in off-duty hours. Section 3. Notification An officer shall — notify his supervisor as soon as reasonably Possible sickness or which will cause him to miss Work and unlessnfsuch noticationeis given within on (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but may be charged to other accumulated leaves or to leave without pay. Employees who become sick on duty shall notify the shift supervisor before leaving duty. the job Section 4. Iin the event an officer is injured or disabled on the Officer's raccumulated ing time osick rIeave unless no �suchhOfficerons sall bemrade from equires more than two (2) working days in which to recuperate and return to work. kl MICROFUMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ARTICLE XIII SPECIALES in adSition ection ) On-the-Jo�i, Upon application the City may, any other leave, grant a leave of absence with pay in the event of an injury or illness of an officer while on duty Provided the following conditions exist: i a• That the injury or illness is determined compensable and the Iowa City Police Pension Board (I,C.p.p.B.) b, The medical advisor, of the 1.C-P.P.B. time off from work is required. time that - If the above provisions are applicable, leave with a granted during the remaining time on the shift when the injury occurs and for a pay will be Period of two (2) days thereafter if authorized b I. C. P. P. B. If the inured or Y the days in which to recuperate leandfreturnficer r requires more a than two (2) absence will be charged to sick leave or if sick leave is exhausted, to leave of absence with any additional I granted by the LC.P.P.BPafter �which edetermi dmporary etermination sick leave and any other leaves used for such Y Pension is I purpose shall be restored. Section 2. Funerals (3) days w . An officer will be granted up to three ith no loslos Of compensation nor loss of accrual from sick, annual, nor compensatory time to attend the funeral u his spouse, children, mother, father, stepparents, sister, brother, law' lather -In-law grandparents, aunt or uncle sister-in-law, motherlaw, military funeraleinanentwhichmsuch officer participates in ther of the immediate e ceremony , If additional time is needed, an officer shall be or for a I to three (3) days Of his accumulated sick leave withthead to use up his supervisor. approval of Section 3. Leave of Absence Without pa without pay is a predetermined amount of time off From work - A leave of , has been recommended by the Chief of Police and approved Manager. Generally, such leave shall not exceed telve12 the City Upon termination of any such leave of absence, the Officershall return to work in the same step receive compensation on the sa a basispaslif he had c ntinuedato work at his regular position without leave, provided that during period, no officer shall earn sick, vacation, or other leave. In the event an officer fails to return to work at the end such any such leave, he shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the officer: 1 a• Cannot pay retirement contributions if the leave exceeds one (1) month in duration, 10 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOVIES rte. b. Must pay group hospitalization premiums falling due during any month the officer is not on the payroll, if coverage is desired. C. Must pay premiums for coverage under the group life insurance plan, is coverage is desired. d. Shall not receive any other job benefits during the period of absence. e. Must use all accumulated vacation and compensatory leaves to which he/she is entitled prior to the time that the leave without pay commences. f. Shall not accrue seniority during leaves exceeding thirty (30) days. The Chief of Police may make exceptions to the above conditions (a. through f.) for leaves not exceeding ten (10) working days. Section 4. Jury Duty. Any officer summoned for jury duty shall receive regular standard time pay during any period of jury service and shall earn and be entitled to all benefits as if on duty without charge against sick or vacation leave. The City shall receive the pay earned from such jury service but the officer shall receive allowances for mileage and expenses unless furnished by the City. An officer who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining on his/her shift shall return to work. Section 5. Witness Fees. An officer shall be granted leave with pay when required to be absent from work for the purpose of testifying in court or appearing in response to any legal summons and the City shall receive the witness fees except the witness fees paid to an officer for off duty periods which belong to said officer. Section 6. Military Leave. Officers belonging to or called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Officers subject to the foregoing shall, upon re -instatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States had been spent in regular employment with the City. Section 7. Voting Time. An officer shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible to vote during off hours, and no charge shall be made for time spent for such purpose. 11 //6 X MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Section 8. Political Candidacy. In the event any officer is a candidate for any national, state, or local political governmental office or is a candidate for the City Council of Iowa City, Iowa, he/she shall take a leave of absence without pay for a period of thirty (30) days prior to and including election day. Section 9. Pregnancy Leave. A pregnant officer shall be entitled to a leave of absence without pay if she is physically incapacitated as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All officers requiring such leave shall notify the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of extension granted by the City, the officer will be I considered to have voluntarily resigned or retired. The officer will return to work as soon as she is medically able to do so. ARTICLE XIV LAY-OFFS Section 1. Lay-offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the 1977 Code of Iowa. Section 2. Officers separated because of lay-off will be given formal written notice at least two (2) weeks in advance of the sep- aration date or two (2) weeks of regular base pay in lieu of such notice. ARTICLE XV TRAINING Section I. To the greatest extent possible, an off icer shall receive or have the opportunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. 1 Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be required to participate in any such program on a day off unless the f City pays said officer one hundred fifty percent (150%) of his hourly 12 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES IR base pay. This section shall not be applicable to officers on a probationary basis. Section 4. In the event an officer is not performing his/her duties satisfactorily, the City may require such officer to complete a special training course as recommended by the City in an effort to assist said officer to achieve satisfactory performance of his/her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police. Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non -required training program. Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as determined by the Chief of Police. Section 6. This Article shall not be applicable to training programs attended by an officer on a voluntary basis when not on duty. Section 7. The City shall post and maintain on the bulletin board referred to in Article VI a schedule of City approved training programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his/ her own expense with the approval of the Chief of Police which shall not be unreasonably withheld. ARTICLE XVI PERSONNEL TRANSACTIONS - RULES Section 1. An officer will be given copies of all documents placed in his/her personnel file within ten (10) days of the time any such document is placed therein. No document will be considered for the purpose of evaluation, promotion or discipline of an officer unless such document has been placed in the personnel file. Section 2. The City will promulgate departmental rules and regulations and provide each officer with a copy thereof. Upon promulgation of said rules and regulations, all prior rules, regulations, directives, and general orders, except as specifically noted in writing, will be cancelled. Section 3. Minor infractions shall be removed from an officer's file within a period of one (1) year after the filing of the documen- tation and action taken, and thereafter shall not be considered for any purpose whatever. ARTICLE XVII SHIFT TRANSFERS Section 1. In the event that an officer having seniority desires to transfer to a different shift, he/she shall make 13 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOVIES application to the Chief of Police. The Chief of Police will not unreasonably withhold permission to transfer after considering the ability and experience of the officer, the nature and type of work to be performed on the shift, and the need for personnel having certain qualifications on said shift. No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police will give special consideration to the facts and circumstances related thereto. Subject to the foregoing, officers may trade shifts provided that the Chief of Police approves any such transfer. Section 2. Nn officer who is transferred shall lose any days Off, sick or• vacation leave by virtue of such transfer unless mutually agreed by the officer and the City. ARTICLE XVIII INSURANCE Section 1. The City shall, at no cost to the officer, maintain for each officer and eligible dependents the medical insurance Policy now in existence or its equivalent in coverage. Section 2. The City shall provide, at no cost to the officer, a Policy insuring the life of said officer in an amount equal to his I annual salary. Any fraction of $1000 in annual salary shall be rounded Off to the next higher thousand. In the policy currently Provided coverage does not become effective until ninety (90) days i after employment. ARTICLE XIX E UIPMENT Section 1. Officers shall not be required to operate motor vehicles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. Any officer operating a motor vehicle shall, at some Period during or immediately following the work day, report any defect noticed by him in said vehicle to the shift commander. Section 3. All other equipment furnished by the City shall be maintained by the City in good working condition and in accordance with all applicable safety standards. Section 4. The City will furnish required motor vehicles and other required equipment. Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided 14 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES with adequate protective clothing as reasonably determined by the Chief. Section 6. To the greatest extent possible, officers shall properly use the equipment furnished by the City. Section 7. Equipment issued by the City shall be returned to the City at such time as the employment of an officer is terminated. Nonexpendable items not returned will be paid for by the officer. Section 8. The City shall provide appropriate regulation i equipment in accordance with applicable safety regulations. 's ARTICLE XX i WEAPONS AND SPECIAL EQUIPMENT Section 1. All weapons, holsters, carriers, belts, and other equipment required by the Chief of Police shall be issued by and at 9 the expense of the City. y Section 2. Service ammunition for regulation weapons shall be provided by the City. Section 3. If required to carry a handgun in performance of duties, an officer shall, upon permission of the Chief of Police, c have the right to select, pay for, and carry his own weapon provided he is able to demonstrate proficiency in the use thereof. This provision shall not require an officer to furnish his own handgun. "Proficiency" shall be construed in such manner as to be consistent ggg with that required for a City furnished handgun. Section 4. The City shall provide at least fifty (50) rounds of target ammunition monthly for each officer required to carry a weapon R to enable the officer to maintain efficiency with the weapon. The Chief of Police shall prescribe the use to be made of such ammunition. Section 5. The City will furnish within a reasonable period of e time some bullet-proof vests with the number, type and quality being determined by the Chief of Police. ARTICLE XXI ADEQUATE FACILITIES 3 Section 1. The City shall provide adequate locker and other facilities separately for male and female officers. ARTICLE XXII UNIFORMS Section 1. The City shall provide each officer with uniforms 8 used in the performance of the duties of police officers (original issue - new equipment): 15 MICROFILMED BY JORM MICR+LAE] CEDAR RAPIDS • DES MOINES a. One (1) winter and one (1) summer regulation hat. b. Three (3) regulation ties. C. Six (6) winter and six (6) summer blue permanent press regulation shirts. d. Four (4) pairs of regulation trousers. e. One (1) winter and one (1) summer regulation jacket. f. One (1) regulation raincoat. g. Two (2) regulation hat covers. h. Two (2) pairs of regulation winter gloves. i. One (1) regulation pants belt. j Section 2. Each plain clothes person will receive an allowance of two hundred ($200.00) dollars at the end of every four (4) months for clothing. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. Section 4. Replacement: a. Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage. b. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven (7) days of receipt by the designated supervisor. ARTICLE XXIII DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, right, and privilege to which he would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. ARTICLE XXIV SUPPLEMENTAL EMPLOYMENT Section 1. Officers shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employer, and if the supplemental employment is related to or along the lines of police 16 MICROFILMED BY JORM MIC R(�LAS CEDAR RAPIDS • DES MOINES -- - rr, work, to notify the City of the work schedule, compensation, and specific duties in addition to the above information. ARfICLC XXV POSITION CLASSIFICATION Section I. For salary purposes, these shall be no distinction between patrol officers, detectives, Juvenile officers, or other positions not having civil service certification. 7 Section 2. In the event that any officer is designated in a higher job classification on a temporary basis, said officer shall receive his/her own pay or the pay designated for such other classification in which he/she is temporarily serving, whichever is 4 higher, provided: a. That the pay in the temporary classification shall not be applicable until the officer has served at least fifty (50) days or more within one calendar c year in such other capacity. ARTICLE XXVI GRIEVANCE PROCEDURE Section I. Definition - General Rules a. The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of athe terms and provisions of this Agreement. b. An officer will not be required to be represented by a Union steward at any grievance hearing. A steward shall have the right to be present for the purpose of ascertaining whether or not the issue involved has any application to the Union generally or to other officers who have not filed a grievance. The Union shall have the right to designate four (4) stewards and four (4) alternate stewards for the purpose of representing officers in the investigation and presentation of grievances. The Union shall be given written notice to the City Manager and Chief of Police the names and address of stewards and alternate stewards for the Purpose of representing officers. Not more than a total of ten (10) hours per month paid time may be t used by the stewards in the resolution of employee grievances. No more than one steward shall represent a grievant at any one grievance hearing. Grievance j procedures occurring on duty time will be scheduled so as not to interfere with assigned police work. 17 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES //G f Permission to process grievances will not be unreasonably denied. C. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determination of disputes which arise under the teems and conditions of this Agreement. If an officer proceeds beyond Step 3 of Section 2 of this Article XXVI in connection with any grievance, such action shall constitute an election by said officer to proceed under the terms of this Agreement and shall be a waiver of any other remedy available except as specifically provided by law. d. The grievance procedure shall be available to any officer who is not awarded an increase in salary advancement to which the officer would be entitled by virtue of time in grade. e. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. Unless a response to a grievance is received within the time limitation hereinafter provided (except as otherwise specifically set forth under Step 1), the grievance will be settled in favor of the party not in default of the time limitation except the time limitation referred to in this Article may be extended by agreement of the parties. f. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. g. Steps of the grievance procedure may be waived by mutual consent of the parties. h. The word "day" as used in this Article shall mean working day and shall exclude Saturdays. Sundays, and holidays. Section 2. Procedure. A grievance that may arise shall be pro- cessed and settled in the following manner: a. Step 1. The grievance shall be presented orally for discussion between the officer involved, the steward, and the appropriate City supervisor within five (5) working days after knowledge of the event giving rise to the grievance. The supervisor shall either adjust the grievance or deliver his answer to the aggrieved officer and steward within five (5) working days after such Step 1 conference. In the event no response is received from the supervisor within said five (5) day period, the grievance shall be processed f pursuant to Step 2. W's MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES //L 'el MICROFILMED OY JORM MICR�LAB CEDAR RAPIDS , DES MOIMCS b. Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his designated representative who shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon. The grievance shall contain a statement from the officer specifying what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he is entitled. The Union shall be furnished P with a copy of such decision at the time it is issued. C. Step 3. A grievance not adjusted by the Chief at Step y` 2 may be submitted by the grievant or Union to an advisory grievance committee for resolution. The Committee shall consist of not more than five (5) nor less than two (2) representatives of the City and the Union. The Union will convene the Grievance Committee within five (5) days of receiving the Chief's Step 2 response. The City Manager will t accept or reject the committee's written recommendation within five (5) days after it is received. d. Step 4. A grievance not adjusted at Step 3 may be - submitted by the grievant or the Union to the City Manager or his/her designee within five (5) working y days of the completion of Step 3 or within fifteen (15) days of receipt of the Chief's Step 2 response if no meeting is scheduled. The City Manager will investigate and respond to the grievant within ten (10) working days and meet personally with the grievant and steward if such a meeting is requested j1g `9 in writing. e. Arbitration. A grievance not adjusted at Step 4 may be submitted to a neutral third party for binding a arbitration. A request for arbitration must be submitted in writing and signed by the grievant within fifteen (15) working days following receipt of the City Manager's Step 4 response. Copies of any such request will be furnished to the City and to the Union. Except as otherwise provided, the cost of arbi- tration shall be divided equally between the parties. Each party shall bear the cost of preparing and pre- senting its own case and either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The cost of a certified court reporter, 19 //L 'el MICROFILMED OY JORM MICR�LAB CEDAR RAPIDS , DES MOIMCS i Section a. b. C. d. if requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the officer within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbitrator, a request shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the officer shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and. federal legislation, rules and regulations applicable. Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. 3. Administration Conferences. The conference group shall consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Association. At least two (2) representatives from each party will attend any meeting. The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommendation will be contrary to the terms of this agreement. The City will release from duty not more than two (2) officers for not more than two (2) hours for time spent in conference. A conference shall be held at least once every sixty (60) days unless the parties mutually agree otherwise. These meetings shall be held in City facilities, if available. All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A representative of the Association and 20 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i the City shall exchange agendas for items for consideration at least three (3) days in advance. ARTICLE XXVII EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 1980, and 41 shall continue through June 30, 1981. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. 4 ARTICLE XXVIII p COMPENSATION C ii Section 1. Commencing July 1, 1980, the City shall increase the pay of officers pursuant to the following schedule: A fourteen (14%) across the board raise based on the June 30, 1980 salary. Section 2. Longevity Pay. Permanent employees who have j completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last pay check 3 in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $200.00 10 years $275.00 15 years $375.00 20 years $475.00 Section 3. Shift Differential. Officers working the 3 to 11 shift on a regular basis will receive five (5) cents per hour on top of their normal wage for all hours worked from 3 p.m, to 11 p.m. Officers working the 11 to 7 shift on a regular basis will receive ten (10) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. Officers working overtime will continue to receive shift differential at the same rate as their normal duty hours. Section 4. Equalization of Benefits. If either the shift differential or longevity pay is increased in any other bargaining unit, the same increase will be granted to the Iowa City Police Patrolmans' Association. 21 MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES ARTICLE XXIX PUBLIC EMERGENCY Section 1. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. ARTICLE XXX GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any party includes its agents, officials, and employees. Section 3. Both parties affirm that the provisions of this Agreement shall be applicable to all officers regardless of race, color, religion, sex, age or ethnic background. Section 4. In the event any provision of this Agreement is held invalid by any court of competent jurisdiction or by virtue of the enactment or promulgation of any legislative authority which has application to this Agreement, the said provision shall be considered separable and its invalidity shall not in any way affect the remaining provisions of this Agreement. In the event of any such occurrence and notwithstanding anything to the contrary herein, the parties agree that the subject covered by any invalid provision shall be opened for renegotiation within a period of thirty (30) days following the occurrence of such event. Section 5. Waiver. This Agreement supercedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. 22 MICROFILMED BY JORM MICR¢LA9 CEDAR RAPIDS • DES MOINES r Section 6. Anticipate=rlR�s as much advance The City shall give the Union conditions. notice as possible of any major change of working CITY OF IOWA CITY IOWA CITY POLICE PATROLMEN'S � ASSOCIATION 8 -- 'z ATTEST: — B 23 MICROFILMED OY JORM MICR+LAB CEDAR RAPIDS • DES MOINES t 4 J r Section 6. Anticipate=rlR�s as much advance The City shall give the Union conditions. notice as possible of any major change of working CITY OF IOWA CITY IOWA CITY POLICE PATROLMEN'S � ASSOCIATION 8 -- 'z ATTEST: — B 23 MICROFILMED OY JORM MICR+LAB CEDAR RAPIDS • DES MOINES RESOLUTION N0, 80-2 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY POLICE PATROLMEN'S ASSOCIATION, TO BE EFFECTIVE JULY 1, 1980 THROUGH JUNE 30, 1981. WHEREAS, the City of Iowa City, Iowa, (hereinafter the City) and the Iowa City Police Patrolmen's Association, (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1980, through June 30, 1981, a copy of which j Agreement is attached to this resolution as "Exhibit A" and by this i reference made a part hereof, and WHEREAS, the Union has approved the Agreement by a vote of its membership, and WHEREAS, the City desires to approve the Agreement, finding that ,it will promote efficient municipal operations, thereby providing residents of the community with municipal services; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: I. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. It was moved by Erdahl and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer xErdahl X Lynch x Neuhauser X Perret X Roberts _x Vevera Passed and approved this 17thday of June 1980 ATTEST: CITY CLERK i. MICROFILMED BY JORM MICR#LAB CEDAR RAPIDS • DES MOINES AYOR 1�y P0 LOU -41 Recnivn.� R Ap;••nvn�