HomeMy WebLinkAbout1976-10-19 CorrespondenceC'1
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CITY CLERK
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POLICE DEPARTMENT l
October 22, 1976
Ms. Grace Knox;
P. 0. Box # 721
Iowa City, Iowa 52240
Dear Ms. Knox:
Your letter of October 11, 1976 to the City Council
in regard to parking across sidewalks has been referred
to me for response. I can
walks and crosswalks assure you that blocking side-
ing to these prohiis illegal and the ordinances.relat-
they bit' are
come to our attention. rigorously enforced When
Police service for this n
of violation is rather, quickly furnished.type
Obviously, a police officer on patrol does nota nor
cannot be cognizant le every violatian that occurs on every
block in the many miles of streets he/she may patrol.
There are a substantial number of matters and incidents
including parking violations that he/she must be watch-
ful for. However, we can and will take appropriate rce-
ment action when violations enfe
are observed or reported to U.rc
Any time you observe a or -os
swa.ik or sidewalk blocked
an a parked car, please call 354-1800, report the v:Lolation
and the approximate location and as quickly as a police
Off -leer is available, one will be dispatched to the scene.
In closing, I might add that it would be of great
assistance to us if you would .include your street address
on any future written communication, T would be of
consider -able value to us in advising; the patrol force to
be especially watchful for violations he your block and
neighborhood.
Please be assured of the Police Department's complete
cooperation in all matters of mutual interest.
Sincerely, �� ,Q
HARVEY D, A,ILLER
Police Chief
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1;1976
:1231 Sierra Drive, n
Cedar Rapids, Iowa 52402
October 9, 1976
Ms. Mary Neuhauser
Mayor, Iowa City
Civic Center
Iowa City, Iowa 52240
Dear Ms Neuhauserr
Issued
letter is in regard to parking ticket;V 110987 that was
issued to me on 10-7-76 in Iowa City.
Although your traffic department claims that the mater c
after I complained about the tickclai want to let that I have three wii;nesses tet I
hocked out
money in that meter to cover that saw me You know
Hit -- the time that I more than enough
Y they remember distinctly because one o:fwthem be Iowa
for me from a 50d coin.
ould
Wade change
Since your traffic department has not 1»en able to admit that
they made an honest mistake I will naturally le the fi e
friends and I want to let you know that this
us to vow that for n , but my
Iowa Cit the next twelve months we will nous caused
City were overhent or restaurant. Since my purchases irai Ionize any
type of action form last take.I feel that this is an appropriate
ma to
I will no longer haee pleasant things
about Iowa City. to tell my intends
Yours truly,
Elizabeth C. Donnan
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A8131E STOLEU?
CITY CLEE?K
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October 14, 1976
Ma. Elizabeth C. Donnan
1231 Sierra Drive, N.E.
Cedar Rapids, Iowa 52402
Dear bis. Donnan:
C�
I am very sorry that you received a parking ticket on your last trip
to Iowa.City. Many people have had the unfortunate experience of ztceivins,
parking tickets for neter violations, myself included. I would Wbo, to
suggest the next time you shop in Iowa City that; you use the attended munci-
pal parking lot on College Street. It is very convenient for shoppers
because the attended lot eliminates the need to "feed the meters."
I sincerely hope that you will visit Iowa City sometime in the very near
futures.
Sincerely,
Mary C. Neuhauser
Mayor
is
WILLIAM L. MEARDON
WILLIAM F.SUEPPEL
ROBERT N. DOWNER
JAMES P. HAYES
JAMES D. MCCARRAGHER
THOMAS J.CILEK
MARK T. HAMER
THOMAS D. HODART
M.MARGARET LAINSON
•
AEIVED OCT 3 1,%FE
MEARDON, SUEPPEL, DOWNER & HAYEs
LAWYERS
City Council
City of Iowa City
City Administration Bldg.
Iowa City, Iowa 52240
Ladies and Gentlemen:
100 SOUTH LINN STREET
IOWA CITY, IOWA 52240
October 6, 1976
TELEPHONE
338.9222
AREA COOS 319,
FII L
OCT 111976
ABBIF STO;L.FUS j
CITY CLERK
I represent Bon Aire Mobile Home Court and my client has brought
to me an Application prepared by the City for a license or permit. In short,
the applicant is being required to sign an agreement that agents and em-
ployees of the City, as well as all law enforcement officers, shall have
the right to enter, examine, inspect and search the premises without a
search warrant during the 24 hours of any day, as well as seizing evidence
or photographing items. This is extremely broad and in my opinion con-
stitutes a completely invalid requirement.
I have been informed that this language is appropriate by virtue
of the requirements of Section 9.54.4(A)(6). For your convenience, I have
attached a copy of this particular section indicating that as a condition
for issuance of the license the applicant must give consent for the
inspector to enter upon the premises of the park without a warrant to
inspect for conformance to the applicable provisions. The language
of your Application goes far beyond the purpose of your Ordinance. I
regard the purpose of the Ordinance as being absolutely valid, but
request that the language of the Application be immediately changed to
comply with the Ordinance and be specifically limited to the persons,
and purpose intended. The present wording of the Application is dis-
criminatory and violative of the constitutional rights of the applicant.
I have advised my client not to sign this Application and I request
your immediate consideration of this matter.
Very truly yo4r%1,
M araonl�C/.-
W LM/s c
Encl.
9.54.2-9.54.4
fl. N1O1311.1i I IOMIi SPAC13, A plot of ground within a mobile home
Park designed for the accomodation of one mobile home.
f. PARK. A mobile homu park.
J. PERMITTEE Any person to whom a permit is issued to maintain
or operate it mobile home park under the provisions of this ordinance.
K. PERSON. Any natural individual, firm, trust, partnership, associ-
ation or corporation.
9.54.2 License and Temporary Permit "
A. REQUIREMENTS. It shall be unlawful for any person to maintain
or operate a mohilc horn; park within the limits of Iowa City, Iowa, unless
such person 01.111 fist obtain a license therefor., except that the maintenance
or operation or mobi!c home park in existence on September 20, 1965
0be continued undtr a permit for such period of time and under such
ditions as are hereinafter prescribed,
B. ISSUANCE. A permit, upon written request therefore, shall be is-
sued by the City Clerk for every mobile home park in existence upon the
effective date of this ordinance, permitting the park to be maintained and
operated during the period ending one year after September 30, 1965, with
out being subject to certain provisions of this Chapter which are herein-
after expressly stated to be inapplicable to existing mobile home parks.
C. DURATION OF PERMIT. The term of the permit shall be ex-
tended, upon written request, for not to exceed one additional period of one
year, if (I ) the Permittee shall have filed application for a license in conform-
ity with section 9 54 4 of this Chapter within 90 days after September 30,
1965, (2) the permittee is of good moral character, and the park plans and
specifications accompanying the application for license comply with all pro-
visions of this ordinance and all other applicable ordinances and statutes,
3) the permittee shall have diligently endeavored to make the existing park
Worm fully to the plans and specifications submitted with the application,
failure to make the existing park conform fully to such pinns and speci-
fications shall have been due to causes beyond the control of the permittee.
9.54.3 License Fees and Permit Fees
A. ANNUAL FEE. The annual license fee or permit fee for each
mobile home park shall be $15.00.
B. TRANSFER FEE. The fee for transfer of a license or permit shall
be $5.00,
9.54,4 Application for License
A. APPLICATION FOR INITIAL LICENSE. Application for initial
mobile home park license shall be filed with the City Clerk. The application
shall be in writing, signed by the applicant and shall include the following:
i. The name and address of the applicant;
2 'flee location read legal description of the mobile atonic park.
3. A complete pQaa of the, park in coif ,�rmity with: tlhe requirement
of section 1 of this Chapter where applicable;
4. Plans and specificaGons,.of all b uIta imp,004Pnts and facil
ides constructed or to be constnacted within t 11mbbi a homer park.
S. Such further information as may bf.>111I1 requested ,by+the (Sty Clerks
to enable it to determine if the proposed park i 11 compfy with legal require.
merits.
�j 6. Asa furtherhondition l lir issuance,' _a'license. lNllapp]icaat,musil
give consentforthe.insprctoI fitrrupon.th ;es:gQ41c,Palk Withait;i
a warrant to inspect for i onfoIr
rmande to the a 'ble,; 'I.' sjpau.
The application ;tad all ac cmnipanying� lens aud,spet ifications shall
be filed, in triplicate, The City Clerk shall int 6gaterthetappicant and ia,
spect the application and'', the proposed plans a' _ s cificat�pGls, I€ theappl!;
cant is of good moral character, in I the pr I I et�mob Dl ' . me pari; wit
when constructed or altcred.i4 accordance witFj'13iiucl; pars hncl;specificatitms„
be in compliance with all provisions of this; Cep et and all giher applicablel
79 ordinances and statutes, tile. City Clerk shall, a�prove OP application, andj
upon completion of the park according to the ,fi_Jamsjshall i'ssuetthe licensc;
B. APPLICATION'FOR RENI;wAh Lll ENSE Upoaq npplication 'al
"fall writing by a licensee for renew al;.(it a license �d upon pat}.lent of tate an
null license fee, the City (Clerk shah{ issue a ce� }ficate!ienevting such license,
for another year.
-� C. APPLICATION FOR TRANSFER Cjlil LICENSE.' Upon app'rica
tion in writing for traasfG'r of a ficGnse and pa�inea t of the trnnsierfee, the.
City Clerk. shall issue a thmsfer if the transferr,glHs,of goodmupral character,
51
f�9 .54.5 Location JII
A, MOBILE HOME PARK, LOCATIO i' A mobile Htc me park may
be located in any district: as provided by the z Rina oi�d n utq _ Where any
Tl boundary of a park directly abuts property w�i�ch is impX6,v 3 with a, per-
manent residential building Iocated within 25 iy' et of such; boundary or di-
rectly abuts unimproved property ;vh. ch may '!(et
existiozhiNNs and rega -
talions be used for permaOcat resfdeittiaI consti tion, a feam, wall or hedge
shall be provided along such boundary, ;l
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9.54.6 Mobile Home; Park Flan. The t
form to the following requirements;
A. DRAINAGE. The park shall be lot
Properly graded to insure rapid drghiage, and
water.
B. SPACE REQUIREMEM'.. Each pal
spaces, and each space shad be cleatIy defined.
ual ;apacq shall have an area or, not.less than 3
of not less than 30 feet, r(pd the total area will
thaq; 3,OQ0 square'feet per;�pacc
home ;p;Irk shall con-
om a wellWrained site,
;from OP'14'ant pools of :.
hall provi'kim. obile ho=
dglinGatedi, ii=ach individ-
'square `iecjj and a width:
Ob phrk;shalll not.bG less
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, COMMEIICE-; 2. CIVIC CENTER 410 E WAEHIryZTJN Sr.
i�j�I�I� IOWA CITY. IOWA 52=,
C ( 319JSa.1800
'I.� ChY 'per•
tw,G'f oia� ,
October 8, 1976
TO: THE HONORABLE MAYOR AND THE CITY COUNCIL
RE: CIVIL SERVICE ENTRANCE EXAMINATION - FIRE MARSHAL
We, the undersigned members of the Civil Service Commission
of Iowa City, Iowa, do hereby certify the following named
persons in the order of their standing as eligible for the
position of Fire Marshal in the Iowa City Fire Department as
a result of examinations given September 21, 1976 and interviews
conducted October 7, 1976.
Lawrence Kinney
Arthur C. Kloos
Ronald Whittaker
Leslie Nicola
Iowa City Civil Servide Commission
William G. Nusser
Wy ona Hubbard
I
1,fd�aar,
Jae lvzc erson ! '
ATTEST:
Abbi—'e Stolfus, C ty Clerk is
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. C MM[I1C[ , I
0 CVICCE ER.410EW45MR1G sr
od' Kd:r
i Iy VWW [jIOWA CIIV. IOWA 522aC
i 31¢454.1800
■
•IOIM.ORT, 1011N•
a.:ba]na
NOTICE
THE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN APPOINIMENT TO
THE FOLLOWING BOARD:
i;
BOARD OF APPEALS
One vacancy - Unexpired Term
October 19, 1976 - December 31, 1976
It is the duty of members of the Board of Appeals to hold appeal
hearings on matters concerning minimum housing standards ordinance
and the uniform building code. Members must be qualified by
experience and training to pass upon matters pertaining to building
construction.'
Iowa City appointed members of boards and commissions must be
qualified voters of the City of Iowa City.
This appointment will be made at the October 19, 1976, meeting,of
the City Council at 7:30 P.M. in the Council Chambers. Persons
interested in being considered for this position should contact the
City Clerk, Civic Center, 410 East Washington. Application foims
are available from the Clerk's office upon request.
n ca a,E (a�aiti 2 �i t 7l 7a
0 R; -('Ci /r::D 901 5 1976
MAYOR CITY OF CORALVILLE
R. E. Myers 1512 7th Street
Box 5127
CITY CLERK Coraiville, Iowa 52241
Helen Gaut 319351.1266
Oct. 14, 1976
Honorable Mary Neuhauser
Mayor, City of Iowa City
Civic Center
Iowa City, Iowa 52240
Dear Mayor NeuhaUSE1r:
At its regular meeting October 17., the Coralvilie Council
approved the Mayor's nomination of Mrs. Donna Epley, 1006
19th Avenue, Coralville, to serve on Iowa City Riverfront
Commission.
We are asking that your Council consider her appointment
and,if confirmed, please advise her of her term and
meeting times and other pertinent information.
Yours `truly,
Helen Gaut
City Clerk
By Direction of Council
HG:jc
COUNCIL l
James A. Cole
Harry A. Ehmsen
Michael Kattchee
Julia B. Lyon
Glenn D, Shoemaker
/9
s.
CONTRACT FOR 'TECHNICAL SERVICES ) Y
FOR A CITIZEN PARTICIPATION PROCESS
POR 771E IOWA CITY COMPREHENSIVE PLAN
BY AND L'FTWHFN THE
CITY OF IOWA CrTy, IOWA
AND
SASAKI ASSOCIATES, INC.
I'
T11IS CON'T'RACT, made and entered into as of the�
day of f
1976, by and hetwce❑ the City of Iowa City, Iowa (
-- ��
hereinafter referred to
as "City,,), and Sasaki Associates, Inc,, (hereinafter referred to as the
"Agent")' a corporation incorporated
in the State of Massachusetts.
l
11ITNFS SETH THAT:
WHEREAS, the City, a municipal corporation of the State of Iowa,
acting for the purpose of developing a Comprehensive Plan pursuant to
state and local law; and
WHEREAS, the City wishes to carry out a program: for Citizen Participation
for the development of a Comprehensive Plan (hereinafter referred to as the
"Project"); and
WHEREAS, the City requires the services of an Agent to assist in the
implemontation of such a project; and
WHEREAS, the City desires to engage the Agent to obtain certain
services in connection with the aforementioned subject,
NOW, MEREPORE, the City and the Agent for the consideration and under
the conditions hereinafter set forth, do agree as follows:
�c.F.ioQaeaet
Section 1. GiTloyment of Agent. The City hereby engages the Agent
and the Agent hereby agrees to perform the services herein-
after set forth.
Section 2. Scope of Services. 'Phe Agent shall do, perform and carry'
out the services as specified below in a satisfactory and
proper manner with the understanding that. the City shall
(1) administer, collect and process all survey instruments;
(2) conduct public meetings; (3) provide the Agent with
necessary direction for the development of the survey
instruments; and (4) assist the Agent; in and perform
particular work items within tasks as specified in Section 4.
A. OBJECTIVES
The Agent shall assist the City in developing four (4) main elements
of a citizen participation process. These elements are 1) an awareness
program, 2) a general survey, 3) a sample survey and 4) neighborhood
meetings. It is the purpose of these elements to inform the residents
of Iowa City of the comprehensive plan, its potential and program; and
to invite the residents of the City to participate in a defined process
designed to provide the Planning and Zoning Commission with representative
information regarding the concerns, needs and interests of the residents
of Iowa City.
A summary of the purpose of the four elements of the citizen
participation process follows:
1) The Awareness Program will include material to be developed try the
Agent which will explain the Comprehensive Plan and its valuta to
the City and its residents as well as explanation of the planning
process and the need for citizen involvement of the general public.
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This program would also include the preparation of a slide
program and other subject matter designed to inform Iowa City
residents of the existence and contonts of the planning, process,
2) The Sample Survey will be comprised of a survey instrument
which will be administered to a select group of Iowa City
residents. It is anticipated that this survey will be administered
by a ioimomity organization, proces;cd by the City and subsequently
analyzed by the Agent. This survey will utilize a multi -variate
analysis technique and will be designed to reflect the interests,
concerns and needs of local residents. The information from this
survey will be designed to be readily assimilated by the comprehensive '!
planning process.
3) The Ccneral Survey will be prepared for either direct mail or
newspaper distribution. It will provide an opportunity for every
Iowa City resident to comment on the needs of the community and on
the desired direction of future growth. The questions for this
phase of the study will be derived from the responses from the
sample survey.
I
4) The Neighborhood Meetings element of the study will focus upon
the preparation of a format for the four neighborhood meetings to
be held by the Comprehensive Plan Coordinating Committee (CPCC). j
The Agent will assist in conducting the first meeting and the
remaining meetings will be held by the CPCC with City Staff
assistance.
D. DETAILED SCOPE OF SERVICES
The Agent shall perform the following tasks in coordination with the
City and following the time schedule set out herein:
it
WEEK OF
AC1iN'f DU'I'iES:
NOVEMBER 1 ;
The Agent shall begin the awareness program by preparing a news release
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announcing the initiation of the citizen participation process,
The Agent shall begin the preparation of the survey .instruments
by meeting with City staff, the CPCC and community organizations.
CITY DUTIES: F
The City Council shall authorize the City Manager to sign a.contract
with Sasaki Associates, Inc., for the development and implementation
of a citizen participation process. The Planning Staff shall appoint
a full-time planner to the citizen participation work program.and
assist the Agent in the collection of information necessary in the
development of the project.
The CPCC shall meet with the Agent, City Staff, and a community
organization to discuss what information is necessary to develop
useful survey instruments. The City shall issue the first news
release.
WEEKS 01 AGENT DUTIES:
NOVEMBER 8 -
DECEMBER 20 The Agent shall continue the development of the survey instruments,
The Agent shall continue preparation of the awareness program and
provide the City with news releases as appropriate.
CITY DUTIES:
The City shall issue press releases as necessary and provide the
Agent with information necessary to develop the survey instruments.
WEEK OF
DECEMBER 27 AGENT DUTIES:
The Agent will present completed general and sample survey inst;umepts
to the CPCC for their review and approval. The Agent will additionally
present the pre survey awareness program to the CPCC for the review
and approval.
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CITY DUTIES:
'fhe CPCC will review and authorize the printing of the survey
instruments and the release of the pre -survey awareness program.
The Planning Staff will provide assistance as necessary.
WEEK OF
JANUARY 3, 1977 AGENTUUT[ES:
llie Agent will continue project leadership by developing the format
for the neighborhood ;meetings based upon the information they have
gathered in development of the survey instruments. The Agent will
present the City with an away ness program ready to release to the
news media meeting the objectives set out in Section 2A above.
Additionally, the Agent will instruct the citizen organization which
will carry out the sample survey in the required survey techniques
and control.
CITY DUTIES:
The City will print the general and sample survey or cause theip to
be printed. The City will notify the community organization of' the
sample survey instruction meeting.
WEEK OF
JANUARY 10 AGENT DUTIES:
The Agent will continue preparation of the format of the neighborhood
meetings and present this format to the CPCC.
CITY DUTIES:
The City shall cause the general survey to be distributed and Siti;ate
the sample survey with the participation of the community organization.
The CPCC shall review the meeting format for the neighborhood meetings.,
WEEK OF
JANUARY 17 AGENT DUTIES:
The Agent shall ansist the CPCC in the first: neighborhood meeting,
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CITY DUTIES:
46
The Cily shall collect the general survey. The P1
community organization shill assist
the CPCC at the neighborhoodnd
meetings. The CPCC shall conduct the first and second neighborhood
meetings on NOvomber 22 and 23, 1976„ lie community organization
shall continue administration of the sample survey.
WEEKS OF
JANUARY 24 f, AGENT DUTIES:
.JANIZARY 31
Assist the City as necessary.
CITY DUTIES:
The City shall perform quantitative statistical analysis of the
general survey instruments and present the Agent with the general
survey instruments and completed statistics for their analysis,
'the Planning Staff and community organization shall assist at the
neighborhood 0 etings. The CPCC shall conduct the third and final
neighborhood meeting on November 29, and December 1, 1976. The
community organization shall conclude the sample survey and present
the survey instruments to the City.
WFEK OF
FEBRUARY 7 AGENT DUTIES:
Ile Agent shall begin qualitative analysis of the general survey.
CITY DUTIES:
The City shall perform quantitative statistical analysis of the
sample survey instrument and prepare a summary of the neighborhood
meeting and present them to the Agent.
WEEK OF
FEBRUARY 14 AGENT DUTIES:
The Agent shall begin qualitative analysis of the general survey
and analysis of the neighborhood meetings.
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J
CITY Durius:
'Phe City shall assist as necessary.
IWEEK OF AGENT DUTIES:
FEBRUARY 21
Continue work.
CITY DUTIES:
Continue work.
i
{4L•EK OF AGENT DUTIES:
FEBRUARY 28
The Agent shall present a final report to the CPCC which summarizes
the Citizen Participation Process and present analysis of the results
of the surveys and neighborhood meetings and recommendations for a
continuing citizen participation process. This report shall include
a press release summarizing the results of the process.
CITY DUTiEs:
The CPCC shall accept the final report.
WEEK OF AGI;NT DUTIES:
pJARCH 2
Completed.
CITY DUTIES:
Print the final report and issue press release.
Section 3. Materials to -be Provided by the City. In order to assist
the Agent to perform the tasks speci,fled in Section 2 above,
the City shall furnish to the Agent background reports,
memoranda and correspondence as may reasonably be required
by the Agent.
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Section 4. Time of performance. The services of the Agent are to
commence upon execution of the Contract and shall be
completed within twenty (20) weeks from the date of said
execution. Provided further that the City shall have the
right to extend this Contract for such additional time
periods as it may require by so notifying the Agent in
writing not less than thirty (30) days before this
Agreement is terminated pursuant to the terms set forth
herein. The Agent shall not be held responsible for
delays in performance which occur through no fault of
the Agent; and further provided, that any such additional
time periods shall not exceed one (1) month unless mutually
agreed upon.
Section S. Compensation.
A. Compensation for AF;ent's Services
The City shall pay the Agent for performance of the actual
professional time charged at required services in a lump sum fee
of $15,000.00
B. Reimbursement for fixpenses
In addition to the compensation for services above set forth, the
City shall reimburse Agent for travel and subsistence expenses
incurred, in connection with this Contract, outside the City of
Boston, Massachusetts, and for the Agent's Subcontractor,
Washington, D.C. The total reimbursement to be made by the City-
to
ityto Agent for travel and subsistence expenses and for miscellaneous
direct expenses shall not exceed in aggregate the sum of iS,o00_DO .
Agent shall bill the City for reimbursement for 'travel and sub-
sistence expenses and for technical supportive work on a montly basis.
-8-
77
C. 'rotal of Cow�ens:rtlo❑ for Sc
- - - 1- -- rvi- ccs r ::
-- _ nd $oimUurscment
It is expressly agreed and underatoud— -_�
that the total for ce
for Agent's services .in A abovea pvrisation
and reimbursement• for coach air travell'
ground transyort:ttion, and subsistcncc and :related
abodirect expenses in
B, ve, hall not uxcocd in r
bgreg'to the sum of $20,0()0
_0
0.
, f
Section 6
A
R1
'Perms and Conditions. 'i•his agreement is subject to the
following terms and conditions:
Chan es
rhe City at any time, by written notice to the Agent may modify
the scope or quantity of the
Contract. services to be furnished under this
If such changes cause an increase or decrease in the
amount of services to be provided by the Agent or in the time
required for their performance, equitable adjustment shall be
made in the provisions of this Contract for payment to the Agent
for the services or for the time for perfornance of the sert•ices
or for both, and this Contract shall be modified be agreement
Of the parties accordingly.
Porsonm 1 and 11du7Pment
1• The Agent represents that
it has secured or will secure, at its
own expense subject to budget in Section S, all personnel and
equipment required in performing the services under this Contract,
personnel shall not be employees of or have any contractual
relationship with the City. The firm of Attic and Cellar Studios,
Inc., (called the Subcontractor) shall be retained by the Agent
to perform certain consultation, survey develepment, public
awareness,graphics, and analysis tasks within this Contract,
The City shall review and approve the subcontractual agreement
prior to its execution.
C
R
2. All of the services required hereunder will be performed by the
Agent under his supervision. All personnel engaged in the work
shall be fully qualified and shall be authorized or permitted
under law to perform uch services. Stuart 0. Dawsen, Participating
Principal, and Charles R. Studen, Project Manager, shall be
responsible for directing and supervising the work of the Agent
and shall personally represent the Agent in interviews with key
members of the local community and public officials. Attic and
Cellar Studios shall principally be represented by Donald and
Marley Thomas.
3. No person who is serving sentence in a penal or correctional
institution shall be employed or work under this Contract_
llindi gs Confidential
The Agent agrees that its conclusions and any reports are for the
confidential information of the City and that it will not disclose
its conclusions in whole or in part to any person whatsoever other
than to submit its written report to the City and will only discuss
the same with it or its authorized representatives. Upon completion
of this Contract term, all documents, reports, data and studie;i
prepared by the Agent pursuant thereto shall become the property of
and be delivered to the City.
_termination of Contract for Cause
If, through any cause, the Agent shall fail to fulfill in timely
and proper manner his obligations under this Contract, or if the
Agent shall violate any of the covenants, agreements or stipulations
of this Contract, the City shall thereupon have the right to terminate
this Contract by giving written notice to the Agent of such termination
and specifying the effective date thereof, at least five (5) days before
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Clio effective date of such termination. In such event, all finished
or unrinislred documents, data, studies and reports prepared by the
Agent under this Contract shall become the property of the City, and
the Agent under this Contract shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such
documents. Nutwithstanding the above, the Agent shall not be relieved
of liability to 1-110 City for damages sustained by the City by virtue
of any breach of the Contract by the Agent and the City may withhold
any payment to the Agent for the purpose of set-off until such time
as the exact amount of damages due the City from the Agent is determined,
E. 'rerm.ination for Convenience of City
'l'he City may terminate this Contract at any time by notice in
writing to the Agent. If the Contract is terminated by the City
as provided in this Paragraph E, the Agent shall be paid an amount
Which compensates the Agent at his normal hourly rate of compensation
for all services per Formed prior to receipt of such notice of
termination. The City shall additionally reimburse the Agent for
all out-of-pocket expenses incurred or obligated in support of
this Contract as set forth in Section 5B, above„ which were incurred
or obligated prior to receipt of such written notice of termination.
In the event of termination of this Contract under this Paragraph E,
all finished or unfinished documents, data, studies and reports
prepared by the Agent under this Contract shall become the property
Of the City. If this contract is terminated due to the fault of
the Agent, Paragraph 1) hereof, relative to termination shall apply,
P. Agent to Cooperate with Other City Consultants
The City may undertake or award other contracts for additional work,
and the Agent shall fully cooperate with such consultants :and City
employees and carefully fit his own work to such additional work as
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i�
I
nia • jf
Y be d' ii
trect'd by the City.
17xe Agent shall commit
any `ret rvhich not
rail! interfere wltf
°x perm�ill
consultant orbr the performance
Y city cm310 of Work by a
G. Covenarrt_� I yces. any
A ax�yt...Conti_ngent Gees_
The Agent warrants
that no person or selling
employed or retained to Solicitbee
or
agency has
n
agreem°nt or enders secure this Contrn
tanding for a. commissionupon an
or contingent fee exPercentage ct cepting bong fide brokerage
established commercialemployees or bona
Agent fo or selling agencies ma• fide '
z the Purpose of intained by the
securing business. For breach
of this warranty the
City shall have °f 'Violation
without liability or the right to
x in its discretion annul this Contract
Price or considerat to deduct from the Contra
ion the full amount of Ct
brokerage or contingent such commiss.%on
fee. Percentage, r.
H Interest
of FedEAa1
No Nembe • - �ff=cia.ls
i of or Delegate to the Con �
no Resident Congress of the Unite
Commissioner shall be d States and
United
this Contract or to an
to any b°nef' Y share or part of
the fore, it t° arise therefrom:
foregoing provision of this Pxoyrided
extend that
to this C paragraph shall not be
Contract if made construed to
benefit. w.rth a corporation For its general
interest
o_f Molnl)ers of the City
No elected official
or City employee, who exercises
responsibilities
in connectionfunctions or l
to w with the carr Jett ,
which this in
Ying out °f
Pertains, and the Project
Of the City who no other of
exercises an Officer or employee
shall haveY such functions
any Private °r resPorisibil'r•
interest, direct sties
Which is incompatible or °r in
in
conflict in this Contract
With the discharge or fuXfillnent
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Of his functions and responsibilities in connection with the carrying
out of the Project to which this Contract pertains.
J. Subcontracting
The Agent shall not subcontract any part• of the work covered by this
Contract except as herein stated or permit subcontracted work to be
further subcontracted without the City's prior written approval of the
subcontractor. 'Phe City will not approve any subcontractor for wgT$
covered by this Contract, who is at the time ineligible under the
Provisions of any applicable regulations issued by the Secretary of
Labor, United States Department of Labor, to receive an award of
such subcontract. Notwithstanding the foregoing, Agent may order
graphics work, reproduction and printing and related technical
supportive work on the basis of purchase orders approved by the
City, subject, however, to budgetary limitations as described in
Section 5(13) hereof.
K. Assignability
I'h e Agent shall not assign or transfer whether by an assignment
or novation, any of its rights, obligations, benefits, liabilities
or other interest under this Contract without the written consent
Of the City: Provided, however, that claims for money due or to
become due the Agent from City under this Contract may be assigned
to a bank, trust company, or other financial institution, including
any federal lending institution, or to a Trustee in Bankruptcy,
without such approval. Notification of any such assignment or
transfer shall be furnished promptly to the City. No assignment
or novation of this Contract shall be valid unless the assignment
or novation expressly provides that the assignment of the Agent's.
rights or benefits under the Contract is subject to a prior liFn
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M
for services rendered and materials, tools and equipment supplied
for the performance of the work under this Contract in favor of
all persons, firms or corporations renduring such services or
supplying such ,materials, tools, or equipment.
f�qual rjg)loymeat Opportunity
During the Porfurm,ince of this Contract, the Agent agrees as
follows: (1) the Agent will not discriminate against any employee
or applicant for employment because of race, sex, creed, color or
national origin. 'fife Agent shall take affirmative action to ensure
i
that applicants are employed, ;and that employees are treated (luring
employment, without regard to their race, sex, creed, color or
national origin. Such action shall include, but not be limited to
the following: employment, upgrading, demotion or transfer;
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including,
apprenticeship. The Agent agrees to post in conspicuous places,
available to employees and applicants for employment notices to be
provided by the City setting forth this nondiscrimination clause. !
I
(2) Ilie Agent will, in all solicitations or advertisements for
employees placed by qualified applicants, receive consideration
for employment without regard to race, sex, creed, color, or national
origin. (3) 'Ilio Agent will Cause the foregoing provisions to be
inserted in all subcontracts for any work covered by the Contract;
so that such provisions will be binding upon each subcontractor,
provided that the foregoing provisions shall not apply to contracts
or subcontracts for standard commercial supplies or raw materials.
Anti -Kickback Rules
Salaries of architects, draftsmen, technical engineers, and engi.tteers,
and technicians performing work under this Contract shall be paid
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•
unconditionally and not less often than once a month without deduction
or rebate on any account except only such payroll deductions as are
mandatory by law or permitted by the ahlalicable regulations issued
by the Secretary of Labor Pursuant to the "Anti. -Kickback Act" of
June 13, 1934, (48 Stat_ 948; 62 Stat. 740; 63 Stat. 193; title 18
U.S.C., section 874, and title 40 U.S.(-., section 276c). The Agent
shall comply with all applicable "Anti.KiChback" regulations and
Shall insert appropriate pr(,vlsions in all subcontracts and covering
work under this Contract to ensure compliance by subcontractors with
such regulations, and shall be responsible .for the submission of
affidavits required of subcontractors thereunder except as the
Secretary of Labor may specifically provide for variations of or
exemptions from the requirements thereof.
N. 14ithholcling of Salaries
If, in the performance of this Contract, there isany underpayment
Of salaries by the Agent or by any subcontractor thereunder, the
City shall withhold from the Agent out of payments due to it an
amount sufficient to pay to employees underpaid the difference
between the salaries required hereby to be paid and the salaries
actually paid such employees for the total number of hours worked.
'Me amounts withheld shall be disbursed by the City for and on
account of the Agent or subcontractor to the respective employees
to whom they are due.
0. Claims and pgsp tes pert_-_ alning to Salary Rates
Claims and disputes pertaining to salary rages or to classifications
of architects, draftsmen, technical engineers, and technicians
performing work under this Contract shall be promptly reported in
writing by the Agent to the City for the latter's decision which,
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shall be final with respect thereto. Nothing herein, however,
shall be construed as relieving the Agent from its responsibilitie$:
as primary contracting party with subcontractors.
P. Discrimination Because of Certain Labor Matters
No person employed on the work covered by this Contract shall be
discharged or in any way discriminated against because he has filed
any complaint or instituted or caused to be instituted any proceeding
or has testified or is about to testify in any proceeding under or
relating to the labor standards applicable hereunder to his employer.
Q. Publication, Reproduction and Use of Material
No material produced in whole or in part under this Contract shall
be subject to copyright in the United Staters or in any other country.
the City shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any reports, data,
or other materials prepared under this Contract.
R. Audits and Inspections
At any time during normal business hours and as often as the City,
may doom necessary, there shall be made available to the City for
examination all of its records with respect to all matters covered
by this Contract and will permit the City to audit, examine and make
excerpts or transcripts from such i,cords, and to make audits of all
contracts, invoices, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters
covered by this Contract.
S. Compliance with Local Laws
The Agent shall comply with all applicable laws, ordinances, and
codes of the State and local governments, and shall commit no
trespass on any public or private property in performing any of the
work embraced by this Contract.
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Tntcrest_of_Agent
'1he Agent covenants that lie presently has no interest and shall not
acquire any interest, direct or indirect, in the City of Iowa City,
Iowa, or any parcels therein or any other interest which would
conflict in any m:uiner or degree with the performance of his services
hereunder. 'Ihc Agent Further covenants that in the performance of
this Contract no Person having any such interest shall be employed,
IN WITNESS WJEREOF, the parties hereto have caused this Contract to be
executed in five (5) counterparts on the clay and year above first written.
ATTEST,. CITY OF IOWA CITY, IOWA (City)
_ -- - By --- --- '
APPROVED AS TO FORM
City Attorney
APPROVED AS TO FUNDS
Director of Finance
APPROVED BY CITY COUNCIL
City Clerk
APPROVED AS TO AFFIRMATIVE ACTION
ContracCo mpliance Coordinator
A'I"rESTc SASAKI ASSOCIATES, INC. (Agent)
Principal �� ^�-
M-Wm