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HomeMy WebLinkAbout1976-10-26 Resolution0 RESOLUTION NO. 7 _inn 0 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application in hereby approved for the following named per._ eon or persons at the following descrilaed locations: Drug Fair, Inc. dba/D.rug Fair #2, 1030 William St. 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 sake together with the license fee, surety bond and all other information or docuaunts required to the Iowa Beer and Liquor Control DPPartment. It was moved a Balmer __ and sacanded by Perret Resolution as read be adopted, and u e'r. �t the upon roll call there were,: Balmer eProsse — FOSter eu auser — erre e zer — evera AYES: WAYS: ABSENT: x x x Passed this 26th day of October_' 19 76 RESOLUTIMINo, 76-385 BJH=2,UTIDTI ,ro iiS5F MCAEETTE PERMI75 WHEREAS, the following firms and persona have made application, filed th¢l bond, and paid the mulct tax required by law for the sale of cigarette's and cigarette papers; therefore, be graRESOLVED O granted andtheciY THE l garettebondTY Onowlon files inF IOWA Cthe �office ofsthe hCity Clerk$e anti the same are hereby approved, and the I;ity Clerk be and he is hereby directed to issue a permit to sell cigarette papers and cigarettes to the following named persons and firms: The Field House, 111 E. College St. Fred's 76, 300 Kirkwood Ave. Bell's Standard Service, 2315 Muscatine Doc's Riverside Drive, 801 S. Riverside Dr. Need's, 18 S. Clinton Hilltop D -X Service, 1123 N. Dodge Burger Palace, 121 Iowa Ave. Russ' Super Service, 305 N. Gilbert St. Walt's, 928 Maiden Lane Mall Service Center, 1851 Lower Muscatine Rd. The Shamrock, 525 So. bert Madu, Inc. dba/Mama's,G5lSo. Dubuque St. It was moved by Balmer and seconded by Perret that the Resolution as res b a op were: ted, and upon roll cal bele Passed this 26th day of October 19 76 AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera X Passed this 26th day of October 19 76 0 RESOLUTION No. 76-386 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT RAssocS, the City of Iowa City, Iowa, has negotiated t Sasaki Associates, Inc., a copy of said contract being attached to this Resolution and b contract with y this reference made a part hereof, and IVHEREAS, the City Council deems it in the public interest to enter into said contract for a citizen participation process to be developed by Sasaki Associates and jointly implemented b City as an aid in the development em a y Sasaki Associates and the Iowa City Comprehensive Plan for the City of VO{V, Tlll'REPORL BE IT RESOLVED BY 111IE CITY COUNCIL: the ayor and to executeTtthe Agreement withCSasakiity Associates,erk are hereby authorized and directed Inc. 2. That the City Clerk shall furnish copies of said Agreement to an citizen requesting same. Y It was moved by Perret the Resolution he adoP ted,— and seconded b and a on roll call there were: y cIe r�SSe AYES• NAYS: ABSENT: Balmer deProsse �_ -- -- Foster Neuhauser Perret — Selzer Vevera Passed and approved this 26th clay of October 19 76 . 11Q City Clerk Y CONI'RACT FOR THIIN1CAL SERVICES FOR A CITIZEN PAR'T'ICIPA'T'ION PROCESS FOR'I'IIE IOWA CITY COMITHPiNSIVE PLAN BY AND BI-.TWhFN TIIE CITY 01: IOWA Cin', IOWA AND SASAKI ASSOCIA'T'ES, INC. '11115 CONTRACT, made and entered into as of the,fJ, �._ day Of df'4ek� , I 1976, by and between the City of Iowa City, Iowa, (hereinafter referred to as "City"), .lnd Sasaki Astiociates, Inc., (hereinafter referred to as the I "Agent"), a corporation incorporated in the State of Massachusetts, i W I TN1:S SETH TIIAT: WHEREAS, the City, a municipal corporation of the State of Iowa, is 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 (levelopnlent of a Comprehensive flan (hereinafter referred to as the "Project"); and i WHEREAS, the City requires the services of an Agent to assist in the i implementation of such a project; and WHEREAS, the City desires to engage the Agent to obtain certain ' services in connection with the aforementioned subject. NOW, 'I11FREFORE, the City and the Agent for the consideration and under i f the conditions hereinafter set forth, do agree as follows: s J ii ti �' 1 • Section 1. 1'mplayn1e11t of Agent. The City hereby engages the Agent and the Agent hereby agrees to perform the services herein - "Fier set forth. Section 2. Scope of Services. The Agent shall do, perform and carry out the services as specified below in a satisfactory and I"-OPOr • nner 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. 0BJEC'flVIiS 'file Agent shall assist the City in developing four (4) main elements of a citizen participation process. (hese 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 theresidents of the City to Participate in a defined process designed to provide the Planning and Zoning Commission with representative information regarding the con"rrns, needs and interests of the residents of lona City. A summary of the purpose of the four elements of the citizen participation process follows: 1) 71te Awareness Program will include material to be developed by the City and presented by the Agent which will explain the Comprehensive Plein and its value to Iowa City and its residents as well as explanation of the Planning process and the need for citizen involvement of the general public. This program would also include -2- im IMI • the preparation of :u ~tide program and other subject matter such ` °ows rcica u's design<'d to inf�,m "'a City residents of the p,occ'ss and scope of the phoning prugr'am as support' of Items 2, 3, ;,rill 4 clve elements 2) Phe S•nuple Survey will he compri�,Cd of a survey instrument which will be a hninistcred to a select grnup of Iowa City residents. It is .rntirip,,tcd that this survc will Y be administered by a crnnuu,nitY orl;anizatiun, proca•sse<I and analyzed by the City and subseyueuutlY assessed by the Agent. This survey will utilize a multi variate analysis technique and will be designed to reflect the inlorests, concerns and needs of local residents. The information from this survey will be designed to be readily assimilated for comprehensive planning purposes. 3) The Cen''raI Survey will be prepared for either direct mail or nw espaper• distribution, rt will provide an opportunity for every Iowa City resident to a rmnent 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 questions developed for the sample survey. 4) The Neighborhood Meetings element of the study will focus upon the preparation of a furnwt for the Four neighborhood meetings to be held by tilt' Comprehensive Plan Coordinating Committee (CPCC). 'Pile Agent will assist in conducting the first meeting and the remaining meetings will be held by the ::PCC with City Staff assistance. B. DEfAILED SCOPIi OF SERVICES The Agent shall perform the following tas'<s in coordination with the WEEK OF City and following the approximate time schedule set out herein: NOVEMBER 1 AGENT DUT•IF,S. 'fhe Agent shall begin the awareness program by preparing a news release -3- i announcing tll,e initiation of the citizen participation 11irocess,; The Agent shall begin the preparation of the survey instirumenfi: by meeting with City staff, the'CPCC and; Community organx'zatiohn CITY DUTIES: The City Council shall authorize the City M;mager to sign a conpract with Sasaki Associates, Inc., for the deyelnpment.and imPlement;ttion of a citizen participation process. The Planning Staff ;hall ajitpint a full-time planner to the citizen participation work prq;gram and assist the Agent in the Collection of information necessary in .t,Ire development of the project. { The CPCC shall meet with the Agent, City staff, and ,ri cornmLiity organization to discuss what information is necessary to ,develop', useful survey instruments. The City shall issue the first pews release. WEEKS OF NOVEMBER 8 _ AGENT DUTIES: x DECEMBER 20 j 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 the Agent feels necessary; CITY DUTIES: d The City shall :issue press releases as necessaryand provide the � Agent with information necessary to develop the survey insiixuments;, o- WEEK OF DECEMBER. 27 AGENT DUTIES: The Agent will present completed general and sample survey nstxum4nts to the CPCC for their review and approval: The Agent will addit:;OYally present the pre -survey awareness program to the CPCC for the xevieh and approval. , 1 -4 ' i 9 i � I CITY DUTIES': Tile CPCC will review and authorise the; printing of the survey: instruments and the release of the pro,survey awareness program. The Planning Staff will provide assistance as necessary. WEEK OF i JANUARY 3, 1977 AGENT DITTIES: The Agent will continue project lcaaorship by dgveloping the Iformat ' for the neighborhood meetings based upon the informatiftn they have gathered in development of the survey instruments. The, Agent trill, present the City with an awareness program: ready to release to! the I ' news media meeting the objectives set out in .Section 24, above, Additionally; the Agent will instruct the :citizen orga4ization,which will carry out the sample survey in tile, required survey techniques and control. CITY DUTIES: The Cit will City print the general and sample, survey or cause them to be printed. The City will notify the community organixatson of the i 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 initiate. the sample survey with the participatigrj of the. community organiization„ _ ' ! The CPCC shall review the meeting format for the neighborhood ml:etiitgs; 1 I 'I WEEK OF i JANUARY 17 AGENT DUTIES: The Agent shall assist the CPCC in the £fireeting: st neighborhood m 1 < i �I CITY DUTIES: • The City shall collect the general survey, The Planning: StafEipnd community organization shall assist the CPCC at the neighbor]iaati meetings. The CPCC shall conduct the £fiq .first and second 'eigI ..'' meetings on January 17 and 19, 1976, The community oronizat;gii, Shall continue administration of the sample survey. IVEMI S OF JANUARY 24 & AGENT DUTIES: JANUARY 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 instrumants and completed statistic fpr their analysis. The Planning Staff and community, organization shall assist; at the neighborhood meetings. 1110 CPCC shall conduct the third and .fins;`),' neighborhood meeting on January 24and 26, 1976_ The commIunity organization $111111 conclude the sample survey and present the survey instruments to the City. WEEK OF FEBRUARY 7 AGENT DUTIES: The Agent shall begin qualitative assessment 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 assessment of the sample sjixvoy and assessment of the neighborhood meet,ing!fo nat. i i CITY DUTrrs: 71ie CitY shall assist as necessary. WEEK OF FEBRUARY 21 AGENT DUTIES. Continue wgrk. CITY DUTIES: Continue work. WEEK OF FEBRUARY 28 AGENT DUTIES: 771e Agent shall present a final report to the CPCC whic}i sutmnay.�es the Citizen Participation Process and present assessment of the rest Of the surveys and Neighborhood meetings and recOmmendatl ons a a press fox cmttinuing citizen participation process; This report shall i�idlude release summarizing the results of the process. CITY DUTIES: The CPCC shall accept the final report. WEEK OF MARCH 2 AGENT DUTIES: Completed. CITY DUTIES: Print the final report and issue Press release. Section 3. Materials to be P __rouided by the Cit the Ag�— — Z' In order, to ,assist. Agent to perform the tasks specified in Section: abgv � the City shall furnish to the Agent bac ground reports, memoranda and correspondence as by the Agent and the City shall may reasonably be. required!, provide, an assessmeo:t of this information. -7- Section 4 Section 5 Time o£ performance 1'lne scrv'igcs of the Agent ,:Fe to commence upon execution of the Contract, and shall be, 'compli;ted. within twenty (20) weeks from the date, of said cxccut.i.on„ Provided further that the City shall have itlnc right ;to extend this;Contr. for such additional time periods as it may requirq by so notify'3 the Agent in writing not less than thirty (30) days before this Agreement is terminated pursuant to the terms set forth hereiin. The Agent shall not be hold responsible for delays in povformane Which occur through no fault of the Agent; and futthefi prdv3ded, that any such additional time periods shall not ex'ceed one (1) month unless mutually agreed upon. Compensation. A, Compensation for Agent's Services The City shall pay the Agent for performance of the actual Prof essional time charged at required services in a lump sum foe of $15,000, of which' $3,000 is for the services described .in: Section 2.A.1, $5,250, is ;for services described in Section 2.A.2, $4,500 is for tine serviice's ac ticrihed in Section 2.A.3, and $2,250 is for the services described in-Sect:i'On 2.A B. Reimbursement for Expenses In addition to the compensation for services; above set forth, the Gray' shall reimburse Agent for travel and subsistence expenses incurred,, in connection with this Contracts outside. the, City of Boston, Missachµ' ptts, and for the Agent's Subcontractor, Washington, D.C. The total. reimn, se- ment to be made by the City to Agent for travel and subsistence exge."es and for miscellaneous direct expenses shall riot exceed in aggregate the sum of $5,000. Agent shall bill the City £oxo reimbursement for'tralrbl and subsistence expenses and for technical supportive work on a g4onthly!�iasis.: C. Total of ComJegsat;ion for Services and 1icimbursement It is expressly agreed and understood that the total for compensation for Agent's. services in A above, and reimbursement for coach air - ravel, ground transportation, and subsistence, and related direct expenses in E, above, shall not exceed in aggregate the. sum of $20,006. Section 6. Terms and Conditions. This agreement is subject -to the: A. Chanes 0 following terms and conditions: The City at any time, by written notice to the. Agent„ may tpodify the scope or quantity of the services to bq furnished under this Contract. If such changes cause an kncrea;,e 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 performance of the soilrices or for both, and this Contract shall be modified be agreement of the parties accordingly. Personnel and Equipment 1. The Agent represents that it has secured or will secured at its; own expense subject to budget in Section 5, all personnel and equipment required in performing the services under this Contrast. Such personnel shall not be employers of or have any contractual relationship with the City. The firm,of Attic and Cellar Studios, Inc., (calked the Subcontractor) shall be retained by the Agent, to perform certain consultation, survey development., public i awareness, and assessment tasks within this, Contract, TIte City;, Manager and legal staff shall review and approve the subeontrar, ual agreement prior to its execution fo;r form and compliance with this. Contract. j _y_ 1 �I: 2• All of the services required hereunder will be perf;�rmcd 1>'y the Agent under his supervisian. All personnel engaged in the,haxk shall be fully qualified and shall be authorized or PerRit;t'�& under law to perform such services, Stuart. 0. Dawspn, Partq'cipa Principal, and Charles R. Studen, project Alanager, shall be. responsible for directing and supervising the work of t1he Al,ept and shall personally represent the Agent in interviews with key members of the local community and public officials. 'Attic end Cellar Studios shall principally be represented by Donalii and Marley Phomas. 3• No person who is serving sentence in 4 penal or correctional institution shall be employed or'work.under this Contaat,t. C. Findings Confidential The Agent agrees that its conclusions and ,any reports are IEor the: confidential information of the City and that it will not disclos$ its conclusions in whole or in part to any person whatsoever othei+ than to submit its written report to tile; City and will. onlZr discuss the same with it, or its authorized representatives. Upon completi;cin Of this Contract term, all documents, repoxts„ data and stydies Prepared by the Agent pursuant thereto shall become the property o> and be delivered to the City. D. Termination of Contract r Case 1£, through any cause„ the Agent shall fail to Fulfill in tijnely and proper manner his obligations under this Contract, or it, the Agent shall violate any of tile, covenants, agreements or stipulations of-this Contract, the City shall thereupon have the right to termiliate this Contract by giving written notice to the: Agent of such ierminaiion and specifying the effective date thereof, at least Five .S.; � ? ,days bei;are -10- yii the offIII ectivedate of Sur • termination. Til or '"ifinisliLd docuill....su ' clil event all dataU Agent under this C 1. studies and report it 011tr,*kctshall become S prepared b3, �' , 1 " M the Agent under the: prove :e'ty Of Pthe Cit., A this CentraOt Shall be ji i 1 entitled to compensation P just 1 J� able Cqui t' for any Satisfactory documents. work qopl,, d Not""thstanding the,a on, suc Of liability to t:11 bove, the A 'gent e City for damagesshall 40 be of any breach of t, sustaiaed by the cityiit by ,e Contract by the Agent xxti. any Payment to t and the''Ci ty m4 -y ,he Agent for thep Withho as Li�Pose Of get -of the e-N'act amount Of damages d, sipch ti li li lme' Terminati-on f ie, the j'Or Co 'nc�eof detexi Cxty .from the Agon the City m ek PY term inat e this Contract at any tj Writing to the Agent. me by I if the Contrac 1:0tiqe �4it J t is terminated .�Y the d, - as Provided in this Paragraph E, ty which le Agent shall be pjj compensates the Agent at his id a 1 11 amount for all services per normal hourly, rate o .formed Prior to r termination, cOmP0n4atj.n eqQipt 'The City of Such nOtice of shall addit- the: Agent all out- .reimburse this Of -pocket e-Venses incurred or obligated in S Contract as set -forth in Section up&tt ofIl` f 1 58, above, Which or obligated prior to r eco qere ino In the event ipt of such written of terminat notjQe of all 'On Of this finished notice Undo Or unfinish r this ed document., PArag Prepared by the Agent data, Studio, and Linder this r0ports Contract. Of the city. If thisshall become the PrOpqzty contract is terminated due to the the Agiant, Paragraph i) her fault of eOf, relative .Agent to COO to t to shalt Ir Cit crate ",-it" �Other Other consultants, apply!: 7lie City, may undertake Or award other con lets f0jj and the Agent shall fully cooperate with, tr' -r� additional. lqor�,, employees and such consult carefully ants a -fit his 01,71 71d City, 1: Work f 11 to 'luch addition I It.-lonal i'l %!Ork� may be directed by the City. The Agent Shall not, commit or p.prmit any act which will interfere with the performance of work by any consultant or by City employees. G. Covenant Against Contingent Foes 'Phe Agent warrants that no person or selling agency has been employed or retained to solicit or secure this Contract pponan agreement or understanding for a cammissi.bn, percentage, brokerage„ or contingent fee, excepting bona fide employees, or bona HdO established commercial or selling agencies maintainediby the Agent for the purpose of Securing business. For breach of violation: of this warranty the City shall have the right to annul this,! Contras without liability or in its discretion to deduct from the Contract price or consideration the full amount of: such commission, percentage„ brokerage or contingent fee. H. Interest of Certain Federal Officials No member of or Delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or tart of'' this Contract or to any benefit to arise, therefrom: iProvidCd, thati. the foregoing provision of this paragraph shall not be consirped.to: extend to this Contract if made with a corporation for its general. benefit. 1. Interest of Dtembers of the City No elected official or City employee, who exercises funetigns or responsibilities in connection with. the cai`rying out of the; Rrojedt to which this Contract pertains, and no other officer or employee of the City who exercises any such functions or responsibij;ities shall have any private interest, direct or indirect„ in thAs Contxact which is incompatible or in conflict w:th :the discharge or°fujfill;ment i i 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 byithis Contract except as horein stated or permit subcontracted 'work tq be further subcontracted without the City's prior u?ritten approvalio£ the subcontractor. 'Phe City will not approve any subcontractor for�work covered by this Contract, who is at the time ineligible under the provisions of any aplJicable regulations issued by the Secretary of Labor, United States Department of Labor, .to receive an award of i such subcontract. Notwithstanding the foregoing, Agent may ordirr 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 i Section S(B) hereof. K. Assignability The Agent shall not assign or transfer whetheriby an assignment+,; or novation, any of its rights, obligations, benefits, liabilit+ es or other interest under this Contract without the written consent i of the City: Provided, however, that claims for money due or ti become due the Agent from City under this Contract may be assigned, to a bank, trust company, or other financial institution, incld;diug 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 assignm�rkt or novation expressly provides that the assignment of the Agency's rights or benefits under the Contract is subjedt to a prior lien -l'3- fur for services, rendered and materials, tools and equipment $uppl'ied;' for the performance of the work under this Contract, in fayor.of all persons, firms or corporations rendering such services or supplying such materials, tools, or equipment. L. Gqual Employment Opportunity During the performance of this Contract, the Agent agreess follows: (1) the Agent will not discriminate against any (Mployee; or applicant for employment because of race, s.ex, creed, cSjlor or, national origin. The Agent shall take affirmative action ;o ensufi that applicants are employed, and that em ployees are treatdd during employment, without regard to their race, sex„ creed, color or national origin. Such action shall include,, but not�be limcted to the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of pay'i or other forms of compensation; and selection for training, ineauding apprenticeship, 'rhe 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, (2) The Agent will, in all solicitations or advertisements fgr employees placed by qualified applicants, xec;eige consideration for employment without regard to race s ! ex, exeed, color, or patiot;al origin. (3) 'rhe Agent will cause the foregoing provisi.otts tQ,be inserted in all subcontracts for any work covered by the Cont;cact so that such provisions will be binding upon eaelt subcontracttlr, Provided that the foregoing provisions shall not .apply to contracts or subcontracts for standard commercial supplies or raw mater%als, Anti -Kickback Rules Salaries of architects, draftsmen, to chni'c;tl engineers, and enineers and technicians performing work under this Contract shall be p<fid I N • . �� - . ilii unconditionally and not less often than n once a .month ;without:;,deduct or rebate on any account except only such payroll dcdiNctxons ;is are mandatory by law or Pcrmittod'by the 4PPiicable, regulations issued by the Secretary of Labor pursuant to the "Anti -Kickback ActO:of June 13, 1934, (48 Stat, 948; 62 Stat. 740; 63 Stat, >OS; titthe i8 U.S.C., section 374, and title 40 Ii.S,C,, section 2766). The',Agent shall comply with all applicable "!inti -Kickback" regul.;itions a'nd Shall insert appropriate provisions, in all subcoautract*' and covering work under this Contract to ensure compliance by subcOTItractor'S with such regulations, and shall be responsible for the sub>� ssion q'f affidavits required of subcontractorsthereunder except as the, Secretary of Labor may specifically proy,ide.for variaticjns of qr, exemptions from the requirements thereof. Withholding of Salaries If, in the Performance of this Contract, there is any underpayment Of salaries by the Agent or by any subcontractor thereun' City shall withhold from the A de rS thg Agent out Of Payments .due, to; it an amount sufficient to pay to employees underpaid the difference between the salaries required hereby 1:0 be paid an& the s;lariesi actually paid such employees for the total: number of hours worked The amounts withheld shall be disbursed by the City for and bur account of the Agent or subcontractor to the respective em to whom they are due. '14Yees. 0. Claims and ➢is Utes Pertaining to Salary Rates Claims and disputes pertaining to salar y .rates or to classr'ficati,oi�s of architects, draftsmen, technical engineers, and technicians Performing work under this Contract shall! be promptly xepored in writing by the Agent to the City for the: latter's decision.t�hich -15- I shall be final with respect thereto. 'Nothing herein, hotieger, shall be construed as relieving the Agent from, its responsibili,U es as primary contracting party with subcontractors. P. Discrimination Because of Certain Labor;Dfatters No person employed on the work covered by this Contract S,;all be; discharged or in any way discriminated, against because he has filed. any complaint or instituted or caused to i?c institute,d anj proceciing or has testified or is about to testify in any proceeding ;'under ,q relating to the labor standards applicablq hereunder to his emplgNer. Q. Publication, Reproduction and Use of DIaterial No material produced in whole or in part uetder this 'Contrait shall; be subject to copyright in the United :hates or in any othE,r country, The City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any rep07ts, data, or other materials prepared under this Contract. R. Audits and Inspections At any time during normal. business hours.anii as often as thO City may deem necessary, there; shall be made available to the Cit'y 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 records, and to make audit;? of all contracts, invoices, materials, payrolls; records of personnel, conditions of employment and other data relating to all mattars covered by this Contract. S. Compliance With Local Laws The Agent shall coipply with all applicable laws, ordinances, and codes Of the State and local governments, and shall commit no trespass on any public or private propert}1 in performing any of' i i 1 ,a Inu the work embraced by this Contract. The laws ofi'the Statq of Iowa shall govern the validity, construction, interpretation and effect of this contract. T. Interest of Agent The Agent covenants that he presently has X101 interest and shall not acquire any interest, direct or indirect, in the City of Iowa City, Iowa, or any parcels therein or any oj%er interest :which would conflict in any manner or degree with the performance of his seitvi.ces hereunder. The Agent further covenants that in the performance of i this Contract no person having any such interest shall be emplo?fed. U. Liability and Indemnification The Agent agrees to indemnify, defend and save harmless the City from and against all claims, suits, damages, costs, losses, and expenses in any manner resulting from, arising out of, or connected with the responsibilities of the. Agent as deta9Tled in this agreement.,,' r. -17- is 1 IN WITNESS WHEREOF, the parties hereto have caused this Cpntract;to be executed in five (5) counterparts on the day and; year above fir5;t.wxittGn, XfTEST: ATTEST:. CITY OrIOIVA, CITY, I011A, (City) APPROVED AS ' 4 FORM z City Att xney APPROV4DI A,S 'fi'0 rUNDS Di'r 'ctdrl of iFinancel APPROVED BY CITY COUNCIL City Clerk 1 ' APPROV�D�^AS TO AFFIRMATIVE ANION nee Coord nT t,orCoirtxacl Co1:14mP SASH A� C. eft) I P cepa. -.. -18- \'0 I TE,SOL[7> cN NO. 76-387 RESC O rg FSEWERI61PREETS�IDEAD'DITIONT II WHEREAS? the Engineering Departmmt has certified that the fO11OG(lII[3 oifpthe rovenents have been completed in accordance with plans and speeiE cati City of Iowa City, Concrete paving on MacBride Drive in MacBride Addition, Part II, as constructed by Metro Pavers, Inc., of Iola City, Iowa. ii Sanitary sewer for Mac Bride Addition, Part II, as constructed by Knowling Brothers Construction Company,li Coralville, Iowa i { AND S� AS, intenanoe Bonds for Metro 'Pavers, Inc. and file in the City Clerk's Office no, 1' an °n � ng rot ers onsg. C,o. , NOW THEI?EFOn BE IT RMLVED by the City Council of Iowa City, that said Iowa,, i rovennients be accepted by the City of Zowa City. It was moved by Balmer! that the Resolution as r upon P and u be 'accepted ani spon rd by .Foster , roll call were: I AYES: TENS: ABSi?n f Balmer k I deProsse X �, Foster Neuhauser X Perret_ Selzer Vevera y i' L Passed and approved this 26th da of ' Y October , 1976,Mayor . ATTEST:i� cleric T Je !coal D_p_.r,%•rsi it ENGINEER'S REPORT October 18, 1976 To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: I hereby certify that the construction of the imp, listed below have been completed in accordance with the and specifications of the Engineeringhe plan 'j Iowa City, The required maintenance bonds are on plans, Division of the (;ity b�' City Clerk's office, file 'in the Concrete paving on MacBride Drive in MacBride Addition, Part II, as constructed by Metro Pavers, Of XdwaCity, Iowa, Sanitary sewer for MacBride Addition, Part II, as constructed by Knowling Coralvill:, Iowa. Brothers Construction Com., PnY, I hereby recommend that the above impravements. be accepted al the City paving Iowa City, The constructions listed ab complete all of the paving and storm sewer improvements in .MacBride Part II, to the City of Iowa City, Adciti,on, CS:md Respe-ctful.I submitted., Euene A. Dietz, P.B. i City Engineer , FdSOI;MCN NO. 76-388 RGSOLIIPION AMMRIZING EX='ION OF ENGINEERING AGREEMENT WITH VEENSTRA AND KIWI WfpR , the City Of Iowa City, Iowa? has negotiated a With Veenstra F K• y npq T,, a copy of said being atta to s Resolution and this reference ,made and, WfMREAS, the City Council deans it in the public interest to enter.into said agreement for desi¢n of eguiu nt necess;lry tQ.perfn;r_ rh i_ utilization of a mixture of sewage gas and natural gas to heat rthe digesters and the digester control building at. the pollutiion.Contxal Plant. NMi THEREMEM, BE IT RESOLVED py THE CjW COUNCIL: L That the Mayor and City Clerk are hereby authorized and directed to execute the agreement With Veenstra d Kimm, Engineers f Planners: 2. That the City Clerk shall furnish copies of said, agreement to any citizen requesting same. It was moved by Foster and seconded by Perrot the. Resolution be adopted,upoar nroll call there Caere: —� AYES: NAYS: ABSENT: X - �— Balmer deProsse —� Foster K Neuhuaser --�- Perret Selzer Vevera Passed and approved this 26th day of October > 1976. m , ATTEST: A Mayor " -/ ' Gu _ � ... City Clerk `_--, By $i12 T 1� { IM i. •i���.- ;rig _� �..� � j AGREEMENT Thi Agreement, made and entered into this 46 �, day of !j a c- G�2 1976) by and between thei�'ty of Io:w,a C:ity�. a municipa corporation, hereinafter referred to as the City, and �I Veenstra and Kimm Engineers and Planners of West Des Moines, Iowa,, hereinafter referred to as the Consultant. f NOW, THEREFORE, it is hereby agreed; by and be.tiie;en the parti hereto that the City does retain and employ the said.Consultant to act for and represent it in all matters involved in.the,terms of j this agreement. Such contract of employment to be subjsct tothe II following terms and conditions and stipulations, to wif,: Consultant shall not commit any of the following, employment j practices and agrees to prohibit the follobring practices. in a.ny subcontracts: i k a. To discharge from employment or refuse to hi: e.any,ins dividual because of their race, color, religion, sex, or national origin; b. To discriminate against any individual in.tetms, dpeditio.l or privileges of employment because of their races color, religion, sex or national, origin. l I. SCOPE OF SERVICES I This contract provides for the design and construction.in- spection of equipment necessary to permit the utilization of a� mixtune of sewage gas and natural gas to heat the digesters and I the digester control building. I The Scope of Services will include the following work element., A. Design phase; B. Construction phase. Design Phase - Upon written notice the Consultant; will be I the — es�ha,se which will include: begin a. Preparation of detailed drawings, b. Preparation of specifications, contract documents for informal contract letting and final estimate. The Consultant will insure that the contract documents knee all requirements of the City"s affirmative; action and equal oportunity program, j C. Furnishing the City with five (5) .copies of the specifications contract drawings for a review by the City. Construction, Phase - The Consultant will provide the following, services un er t is phase upon written .notice from the ditl' a, assist the City in securing bids and provide bi. docu- ments for contractors; b. tabulation and analysis of bid results and furhIshing recommendations on the award of the constl'Mction: j contracts; C. assistance on the preparation of the £orm11 documents for the award of the contracts; d. consult and advise the City during constrtjction,i! e. preparation of elementary sketches and supplementary sketches required to resolve actual.field,conditions encountered; f. checking detailed construction drawings and shgp;and erection drawings submitted by contractors fgr.c;omplialm wit}i design concept; and g. reviewing laboratory reports, materials an;d:e'quipment. i I. 6 page 2. i4 In addition, the Consultant will do the; following field encrineerin : a. make periodic visits as requested (not oftener than bi-weekly during construction to the site to observe the iaork ir} progress and provide appropriate reports to the City. The Consultant shall determine the amounts owed to the contractor and shall issue certificates of payment in such a manner as to comply with the provisions of Chapter 573 of the' Code. of the State of Iowa. The issuance of a certificate of payment shall constitute a representation by the Consultant to the City that work has progressed to the point indicated and that to the best of the Consultant's knowledge the: quality of the work is in accordance with the construction contract documents; b. make a final inspection report to the City upon d6mplet of the project; C. the Consultant and the City shall discuss int'erptetat ons of the requirements of the construction contract document. The Consultant shall. have the authority to. agt ,on behalf of the City; however, final decisions on any matter, shall rest with the City; and d. the Consultant shall have the authority to reject i4grk which does not conform to the contract documents. The Consultant shall process change orders. Change orders, shall become effective only after they have been signed by the City's representative. Special Services - Upon request the Consultant agrees to spec�.al services. Such special services may include.: a. soil investigations, including test borings, relato.d analysis and recommendations; b. land surveys, title and easement searches and:des of boundaries and monuments and related office co and dra£tings; and C . assist the client as expert witness in litigation arising from the development or construction of the p-p..a rand in hearings before various approving and regulatory agencies. II - TIME OF COMPLETION The Consultant will complete the phases of this contract.wi the times listed below: Design phase - Within sixty (60) days: after signing of this' contract; Construction� pphase - The construction,phase of all, profgdts s all e expedited as quickly as possible by the Consul;t;ant, Exact time peri;ods will not be stated since speed .of .coiys,truct depends upon factors over which the Consultant has{no control. III - GENERAL TERMS 1. Should the Consultant or the City terminate the contract, said Consultant shall be paid on the basis of direct hourly rates as, herein attached times 2.2 multiplier for the various cl,as.ses oi:.per- sonnel actively engaged on the project for all .work completed arid' for all work and services performed up to the time of termination; however, such sums shall not exceed the "not to; exceed" amounts;Jiste in Section.IV. Either party may terminate this Agreement upon thirty, (30) days notice. page 3. • 2. This Agreement shall be binding upon the successors and th,e assigns of the parties hereto; provided, however, that: no assignment shall be made without the written consent of all parties to said agreement; 3. It is understood and agreed that the employment of the Consultant, by the City for the purposes of said project shall beexclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Said Consultant shall be responsible for the compensation, insurance and all ckerical detail involved in their employment. 4. It is agreed by the City that all records and files pertaining to information needed for said project will be made available by said City upon request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. S. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. 6. The Consultant shall attend such meetings of the City Council relative to the work set forth in this contract as may be requested. 'by the City. Any requirements made by the above named tepresentatives of the City shall be given with reasonable notice to the C'onsul,tan,t so that he/she may attend. 7. The Consultant agrees to furnish, upon termination of this Agreement and upon demand of the City, copies of all basic notes and sketches, charts, computations and any other data prepared, or obtained by the Consultant pursuant to this Agreement, without cost- and without; restriction or limitation as to their use. 8. The Consultant agrees to furnish all reports and/or drawing— tivith the seal of a Professional Engineer or Architect affixed theretg where such seal is required by law. 9. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows except that failure by the Consultant to satisfactorily perform in accordance with this: Agreement shall constitute grounds for the City to withhold pay ,ent in the amount sufficient to properly complete the project in accordance with this Agreement. 10. Should any section of this contract be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 11. Direct Personal Expense for the purposes of this contract shall be defined as hourly wage plus retirement and fringe benefits. 'Said Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. 12. Records of the Consultant's Direct Personal Expense, Consultant Expense and Reimbursable Expenses pertaining to the Project, andir.ecords, of accounts between the Owner and the Contractor, shall be ,kept on a generally recognized accounting basis and shall be available to the Owner or his authorized representative at mutually convenient times. 13. All reimbursable outside expenses are in addition to the fees for Basic Services and include actual expenditures made by the Consultant, his employees, or his consultants in the interest of the Project for the following incidental expenses listed: a. Expense of transportation and living when travelling in connection with the Project, for long distance calls, and telegrams for extraordinary work requested by the:Owner:; b. Expense of reproduction, postage and handling of Drawings and Specifications, excluding copies for Consultant's office use. 'page 4. c. Fees paid for securing approval of authozi.tie$1 having jurisdiction over the project. Pees paid by the Cgnsuitan for special consultants employed with City'sapproval for servies other than those defined. in this .contract. IV - COMPENSATION FOR SERVICES The City agrees to pay for services stated in this con on the basis of the following fees: tract The Consultant shall be paid Personal Expense. The total for this contract, shall not GENERAL a fee based upon 2.2 x Direct fee,. excluding reimbuxsables;, exceed $1,200. The Direct Personal Expense of all personnel classifications. as$o> ciated with this project shall be attached as Exhibit "A'�:. The City agrees to reimburse the Consultant for . Exhi .it "Aie. at cost. The Consultant shall furnish receipts of ,all outside .expe�ises upon request. The "not to exceed" figures listed in this section refer oply to Direct Personal Expense and do not include reimbursables. Re-= imbursable expenses are above and beyond the "not to exceed" figure. These fees will be billed and due payable monthly. With e;ich billing the Consultant shall list the individual', worked, s the hour and the hourly rate. Billing shall be broken down into ur following catagories:the Design Phase Construction Phase All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the highest ideals. of the',EngineeI ing Profession. The undersigned do hereby state that this contract is executed in triplicate, as though each were an original and that there :are noi oral agreements that have not been reduced to writing in thss instrument. It is further stated that there are no other consideration or inon;es contingent upon resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement:; FOR THE CITY: ATTEST: TwivCerrFiT}'✓kr�;Ppp,TT� S yn�,n bX lu1'i LEGt.L -b . ... n. i1 Tg3E-.CONSUL ATTEST.': a 0 RESOLUTION NO. 76-389 r RESOLUTION CONVEYING A PORTION ALLEY IN BLOCK 9 ABANDONED ADDITION ' MANVILLE HEIGHTS ADDITION TO IOWA CITY , AN CITY, IOWA. WHEREAS, the City of Iowa Ci tyr Iowa I' ordinance on Januar 4 p'ss.ed air II Y , 1966, abandoning the following,- described property: The 20 foot wide alleybe tJ �i and Fiver Street between; Street Heights Addition, In Block 9, Manville tr- recorded Iowa City, Iowa, as '+I "' 10 `� ' in Plat Book 2,, page 4, Plat Records of Johnson County, Iowa, and WHERE AS,the City of Iowa Git Joi1:1 SG:� C, .!y? Y� Iowa, executed:quit claim deeds dated February 17, 1967, to adjoining.land � owners conveying said alley to the titleholders of the �f adjoining property, and WHEREASj a title objection has arisen because of a discrepancy in the legal description conveying portions of the alley to property owners of Lot 12, Block 9, Heights, Manvlle 9 , an Addition to Iowa Citr }, Iowa., and WHEREAS, the City desires to clear l a this title objection, and WHEREAS, no consideration is required at this time since the purpose of this resolution is to clear the title.. objection. ' I NOW, THEREFORE, BE IT RESOLVED BY THE COUNcL OF THE CITY OF IOWA CITY, IOWA: I- That the Mayor is hereby authorized to sr'* and the City Clerk to attest, X914 i a Quit Claim Deed conveying the following -described property to Dale R. Deevers and j Alta M. Deevers for purpose of resolVnq title objections:, I Res. No. 76-389 Page 2 -2- All of the southerly one-half of the alley (sometimes referred to and one and the same as the westerly one-half of said alley) abutting Lot 12, Block 9, Manville Heights: Addition, Iowa City, Iowa. 2. That the Mayor is authorized to sign and the, City Clerk to attest this resolution. it was moved by Balmer and seconded by Selzer that the Resolution as read be adopaed', and upon roll call there were: AYES: NAYS: ABSENT: x- Balmer y— deProsse Y Foster _X Neuhauser Perret Selzer Vebera Passed and approved this 26th day of October,19.76. ATTEST: 4-Ze �1_�ZZ4r ABBI�LFUS, Ul�yY CLERK MARY C. N UHAUSER, MAYOR' " IOWA STATE SAA ASSOCIATION IOWA Official Form No. 4 m+W e+' 's'a• « ""' suers QUIT CLAIM DEED Rnotn alt SHen by vial Pregentg: That the City of Iowa ofithe sum One dollar ($1.00) and other valuable consideration - - - Dale E. Deevers and Alta M. Deemer in hand paid do hereby Quit Claim unto I i Grantees' Address: all our right, title, interest, estate, claim and demand in the following described regi estate situated in JOhriS0 County, Iowa, to -wit: All of the southerly one-half of the alley (sometimes referred to and one and the 'same as the westerly one-half of said alley) abutting Lot 12, Block 9, Manville Heights Addition, Iowa City, Iowa. i This deed is given to cure a dtscr,epency arising from incorrect legal descriptions in two previous Quit Claim Deeds by the City of Iowa City recorded respectively in Book 295, page 171 and Book 302.r page 325 of the Records of Johnson County'. Igwa, Each of the undersigned hereby relinquishes all rights of dourer, homestead and; distributive share yr4 and to t� - above described premises. Words and phrases herein. including acknowledgment hereof, shell be construed its in Ibe singular or plural,inuritb, anti, ek inncvYu' taminine or neuter gender, according to the context, /t F Signed ibisa9L. Z`" day ofcc—k eh� 19_ E/ �J . • Real Fitata Tramler Tec See Iowa Code. Chapter 418A STATE OF IOWA, COUNTY OF --ss' Abbie Stolfus�' " On thin day of A. D. 19 -- before me, the undersigned, a Notary Public in and for the ffl State of Iowa. personally appeared �' t (Groetots' Addr4is'sl �JI I to me known to be the identical persons named in and who executed l the foregoing instrument. and acknowledged that they executed i the same as their voluntary act and deed. iGrae# Ire Addreq a Notary Public in and for the Slate of laws it i� From the above named Grantors to the abovo named Grantees' STATE OF IOWA Filed for record this.___.,., day of «- --r A. D-19 ^jl COUNTY OF ss at — o'clock _.M., and recorded in Book ; ot. on page IDOPY FEE, $ Paid WHEN RECORDED RETURN TO (Name) �! P-4107 g TO THE RECORDER: � 'I ONLY TO THE EXTENT THAT ONE OR 116TH OF THE ACKNOWLEDGMENTS NERIDER ARE DULY :EXECUTKD, SMOUN THE PRINTED MATTER BELOW BE MADEOF RECORD AS A PART OF THIS DEED:, STATE OF ................. .. . . _ ...... ..,COUNTY, ss: On this .............. day of... -_. ......... A. D. 19. ...., before me, the undersigned, a. Notary Public in and for said County and State, personally appeared .. .. ....... ..........................................._,.......... . ........ ............... ... ....... .. _..,._.-...w._.. . to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged' that they executed AA sane as, their voluntary act and deed. ............. I ... ............ .. _ ....... ..... Notary Public in. and for said County agc('State, STATE OF, .................. I2Ka ................. COUNTY OF ... ... .,.J.ohnson..... .......... ss: On this.. ._ - _... day of. - .__.. .... A. D. 19. 762„ before me, the undars�gned, a Npiary Public in and for said County and State, personally appeared . Mary Neuhauser.' _ .._...... ......... ... ......... _.,............. andr Abbie Stolfus — •• .......I .. ....... to me personally known, who, being by me duly swgrn,. a�y' That they are the ..... Mayor.... __ _ and City _Clerk__ - _.._........... respectively, of said iroTt00?{X$.i; that corporation that said ;nstrument was signed (and scaled)' on IC,ei!blf (the seal affixed thereto is the seal of said) of said corporation by authority of its 33caiXX$0 ke 0f and that the said Mary Ijeuhauser_ and counci Abble StO� fus as such officers acknowledged the execution of said insIcbme"nt to be: the ,yol6n, tary act and deed of said corporation, by it and by them voluntarily executed, r E V J O ............... .............................. ........... ..... ....... ....._........ ,......... .. . ........., Notary Public in and for said County and;=Stjte O Q ! C. u d e i c a ` o- `o & ., >_ r rr O w ' i v u a -a -o-Z t e gat c p i o m •, v i i f a i 0 a +` O 'O r u i G 0 0 !• ? o o ! 0 ° 1 ' � i a 'X'o ! I j f 0 �/ m ) ! ! \ ! ! § L5 u. a ! I 0 � RESOLUTION76-390 NO �---- A RESOLUTION AUTHORIZING THE EMCLITION OF A CONT �T ON MUNICIPAL CODE CORPORATION PLmVIDING FOR THE. O OF MUNICIPAL ORDINANCES. IIR1S1 doapi le to State law, the City of Iowa City. Ivaa, pursuant Y and publish all City ordinances in effect, and al Code includes all ordinances in effect'00 ,�E the present Municip subsequent ordinancessince to October, 1973 but does not include any new or , that date, andvarious AREAS, the City Attorney has received sealed bids and offers from codifiers with regard to the editing, codification and publication of a new' City code, and1 Code L��,ps, the City Attorney has negotiated a contract with Municipal Corporation, a corp the -laws of the State of Florida oration duly organized under codification, a copy of which is attached to. this Resolutio to accomplish such n and by this reference made a part hereof. IT SO RESOLVED BY THE CITY COEMIL OF THE CITY OF NOW, THEREFORE, BE and the City,Clerk to { IOWA CITY, IOWA, that the Mayor be authorized 'to sign Iowa„,and Municipal attest the attached agreement between the City of Iowa City, Code Corporation. Balmer Perret and seconded by It was moved by adopted, and upon'roll, call there ?ere that the Resolution as read be AYES: NAYS: AMU' Balmer deprosse Foster FI, Neuhauser _ _--- Perret 77 Selzer --'-- Vevera i 19—L roved this oq// ftc day of -(•A a '�� Passed and app ATTEST: 31Y TEGAI City'Clerk �; dld^ Z;O�'1 .., - ..1 CONTRACT for the CODIFICATION OF THE ORDINANCES of the CITY OF IOWA CITY, IOWA by the MUNICIPAL CODE CORPORATION Tallahassee, Florida THIS AGREE14ENT made and entered into this a4 day of 7-4e�lI i— , 197(53 by and between the 4UNICIPAL CODE CORPORATION, a corporation duly organized, and existing under the laws of the State of Florida„ hereinafter referred to as the Corporation, and the CITY OF IOWA CITYA a municipal corporation duly organized and existing,,under the laws of the State of Iowa, hereinafter referred 'Ito as the municipality. WITNESSETH: That the Corporation shall prepare and Publish a Code of Ordinances for the municipality in accord with the terms and conditions of the Corporation's proposal dated the thirteenth da o£ Y October , 197, a copy of which proposal is attached hereto and made -a part hereof. It is expressly agreed by the parties hereto that ithe terms and conditions of said proposal shall have the ,same .effect as if set out at length in this agreement, with the following exceptions or additions: NONE IN TESTIMONY WHEREOF, the Corporation has caused this agreement to be executed by the signing of its authorized officers and the affixing of its corporate seal, and ,the municipality has caused this agreement to be executed by the signing of its authorized officers and the affixing of its corporate seal, this day and year first written above. ATTEST: 5.f3�1� �� rc✓ ;SEAL) Secretary LTTEST: MUNICIPAL CODE CORPORATION By f` Executive Vice President, 10WA CITY, IOWA BY 61WUl (SEAL) (Title) (Title) APPROVED AS TO FORM: DECEIVED 7LFprG9m) BY THE LEGAL DEPAaT11PtIT 10-7n.-rL n L,, I -i u i i i and existing under the laws of the State of Florida„ hereinafter referred to as the Corporation, and the CITY OF IOWA CITYA a municipal corporation duly organized and existing,,under the laws of the State of Iowa, hereinafter referred 'Ito as the municipality. WITNESSETH: That the Corporation shall prepare and Publish a Code of Ordinances for the municipality in accord with the terms and conditions of the Corporation's proposal dated the thirteenth da o£ Y October , 197, a copy of which proposal is attached hereto and made -a part hereof. It is expressly agreed by the parties hereto that ithe terms and conditions of said proposal shall have the ,same .effect as if set out at length in this agreement, with the following exceptions or additions: NONE IN TESTIMONY WHEREOF, the Corporation has caused this agreement to be executed by the signing of its authorized officers and the affixing of its corporate seal, and ,the municipality has caused this agreement to be executed by the signing of its authorized officers and the affixing of its corporate seal, this day and year first written above. ATTEST: 5.f3�1� �� rc✓ ;SEAL) Secretary LTTEST: MUNICIPAL CODE CORPORATION By f` Executive Vice President, 10WA CITY, IOWA BY 61WUl (SEAL) (Title) (Title) APPROVED AS TO FORM: DECEIVED 7LFprG9m) BY THE LEGAL DEPAaT11PtIT 10-7n.-rL n L,, Proposal for: CODIFICATION OF ORDINANCES To: Date: -- Submitted by: MUNICIPAL CODE CORPORATION The MUNICIPAL CODE CORPORATION, a corporation duly authorised and existing under the laws of the State of Florida, hereinafter referred to as the Corporation, hereby offers to edit and codify the ordinances and publish a new Code of Ordinances for the ___CLTY _-_.....- ._- , a municipal corporation duly organized and existing undetAhe'laws of the State of ... ... IOWA. ................ .._..__., hereinafter .referred to as the Municlpalit; , accord; ing to the following terms and conditions: PART ONE It. EDITORIAL WORK: The Corporation will, under the supervision of the Attorney for the Municipality' (1) ORDINANCES INCLUDED. Classify, edit and codify the ordinances of a general and per-+ manent nature passed in final form by the Municipality as of the date of any contract enteredi into pursuant to this proposal; provided, however, that the Municipality may -forward to fhe, officey; of the Corporation all ordinances passed subsequent to said date, for inclusion in the nev' Code up. to the time of notice of completion of the editorial work provided for in Paragraph (7) ofthia'Part; (2) ANALYZATION AND EDITING. Analyze and edit the ordinances referred to in Parakraph (1) above so that the provisions of the new Code will he expressed!in concise, modern and propgr phraseology, without conflicts, ambiguities and repetitious provisions. Material' changes resulting thereby shall be submitted to the Attorney for the Municipality for consideration and, approval? The editorial process shall include the following: (a) Chapter Arrangement. Each chapter of the new Code shall be all-inclusive and; shall ens; brace all ordinances dealing with the subject matter;of that chapter, and within the. chap- ter itself, the ordinances shall be arranged in an orderly and logical fashion.* (b) Catchlines. Preparation of a catchline for each section, which catchline shall teflect the content of the section. (c) History Notes. Preparation of a history note for each, section of the new Code, '�hich note will indicate the source from which the section is deri.'ved. (d) State Law and Court Decisions. Checking the ordinances against the correspon.Aing p'rov#- sions of the general laws of the State and any conflicts or inconsistencies reveiped there- by will be called to the attention of the Attorney for the Municipality. The, reported deci- 7_7lhe Corporation will utilize the numbering system desirfd by the City for the new Code. 1 i sions of the appellate courts of the State, relating; to the ordinances of thq Municipality;, will also be checked and any such decision affecting the validity of any such i,ordinancet win' be called to the attention of the Attorney for the. Municipality. Appropriaje annotakions will be prepared and appended to the ordinances affected. (e) Footnotes and Cross References. Prepare editorial .footnotes and cross references which, tie together related sections of the new Code. Proper reference will also be made ii- the form of footnotes to relevant provisions of the state! law;, (f) Omission of Obsolete Provisions. The Attorney for the Municipality will bk informed of obsolete, outmoded, or unnecessary provisions which should :be omitted from the codi "- tion. (3) CHARTER. If the Municipality operates under a special Charter granted by the state legis,• lature or adopted by the people, the Corporation will compile and edit such Charter by^ working' all amendments into their proper places and preparing explanatory, notes, where necessary', to facilitate usage of such Charter and include the Charter in .the new Code. The gtdinanceS, will be checked against the Charter and any conflicts or inconsistencies revealed therebT will be called to the attention of the Attorney for the Municipality. (4) NEW PROVISIONS. The Corporation will, during: the course of the, editorial work Ta'alce recommendations for new provisions where, in its opinioni there is .an obvious need for legisla, tion on specific subjects. However, since the need 'for such new provisions is of i}. local acilturG and varies from municipality to municipality; the Corporation Will rely, primarily, upon, theixu= nicipality to request specific recommendations as to new provisions; All recommended• provisions must be approved by the Municipality, (6) EDITORIAL CONFERENCE. All editorial work will be performed in the offices of the Corporation in Tallahassee, Florida. Upon completion _of tbe: basic editorial, research, the super- vising editor in charge of the ,Code will conduct. an editorial, conference with the Attorner!and other officials in - IOWAAll changes; and recommendations, wvill: be'i{iade known at this time and the Municipality will be free to make changes and alterations at'Ws. conference and the Corporation will be charged with the duty of carrying out all, such desired changes. (6) POST -CONFERENCE WORK. Upon completion of the editorial conference, the Codo lnan> uscript will be prepared for typesetting and printing. x i (7) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon completion of the post-coiafer=. ence work, the Corporation will notify the Municipality in writing that the Code, manuscript: is ready for typesetting and printing. No ordinances will ,be included in the Code manuscript subsequent to such notice. i (8) PROOFS. After the entire Code is set, in type, the Corporation will, submit,;, one. (1)i ;full, set of proofs to the Municipality for review, The Corporation assumes the res) onslbilit' it proofreading and typographical correctness. The Municipality ivay make word chiinges on!i'the proofs without charge. However, should, the Municipality delete lines, entire sectiobs, articles or, chapters constituting more than a page of type, the Municipality will be charged,fq such delzted type at the per page rate as provided in Part Two, Paragraph (2). It shall be the duty of the Municipality to return the proofs, with the- changes indicated thereon, within thirty (30) days from the date of their teceipti!bythe Municipality: If. the.pr�oofs. are not returned within said thirty (30) days, and if the Municipality does not, within said tl irty (30) days, notify the Corporation that there twill be .a delay in rztuzhing the proofs;; it will he: as, sumed that no changes are to -'be made and the Corporation will proceed to print, the Code anal no changes shall thereafter be made in its content. See Paragraph (17), Page 4. 2 • I i ;.,�, is r (`d) ADVANCE COPIES AND ADOPTION OF CODE., When the, proofs. are retuaned by l the Municipality or at the expiration of thirty (30) days after "their receipt by the Municipality, and in the absence of the notice of delay provided for in Paragraph (8) above, the Corporation will proceed to print the Code in accord with Section B, Printing and Binding Specifications. jV I ea f the printing is complete, the Corporation will submit three (3) advance copies. jbound for filing, i along with a form of a suggested adopting ordinance. ,After the Attorney for the Minici lit drafts the adopting ordin�ince and the same is enacted the Cot shall bg furnished a E;ue copy of the adopting ordinance and the Corporation will print the same to be inserted, pinto all copies of the new Code. i It shall be the responsibility of the Municipality to adopt the, Code and furnish the Corporation with a copy of the adopting ordinance within ninety (90) days from receipt of 'the. advance Pop- ies by the Municipality. If the Code has not been adopted within ninety 1(90) days, the Qbrpjlra- tion will proceed with the binding and ship all copies -of the completed Code to rhe Municipality. ; Upon such shipment, all moneys shall be due and payable as set out in Part; 'Two Pa a i' h: (3). If the Code is adopted subsequent to such ,shipment; the adopting ordinance will bQ pr� ed, and forwarded to the Municipality for insertion in the Codes at. such time as; , l' forwarded to the Corporation, said ordinance i, l !; (10) INDEX, A comprehensive, legal and factual general Index for the Code will be pxepared; and inserted in the completed Codes prior to final, shipment. 9n index will also .be prepa;ed for the Charter, if included in the Code. p (11) COMPARATIVE TABLE. A Comparative Table, listing the. ordinances :included in the Code in chronological or numerical sequence and setting out the. location, of such ordinail�ces .in 4 the Code, will be prepared and inserted in the completed Cades prior to final shipment. B. PRINTING AND BINDING SPECIFICATIONS: (12) PRINTING. The Corporation will print: (a) The text of the Code in ten -point type with boldface catchlines; (b) The Index in eight -point type with main headings in lightface capitals; (c) The editorial notes and cross references in eight -point type with boldface headings; (d) The specified number of copies of the Code, as set out in, Part Two hereof, on 601b. English Finish Book Paper, or its equivalent; (e) The pages shall be approximately nine inches by six inches; in size. (13) TABULAR MATTER. In the event the manuscript for the Code should contain, tables,.draw- ings, designs, Algebra formulae and the like for which either engraved cuts or niethods ,og re- production other than straight line casting operation are re quiredr the cost of suite engragings or tabular matter will be additional to the costs asprovided-In :Part Two, Paragraph (2), (14) BINDING. The Corporation will bind copies of the completed Code, in mei;hanical:;post- type binders, each with slide -lock fasteners and with imitation leather covers stamped in, 'gold i i S i leaf, as provided in Part Two, Paragraph (2) hereof. The unbound copies of the Code, if any, WM be punched and wrapped separately for storage and eventual binding by the Muiiicipality.; Addi- tional binders can be ordered at any time by the Municipality, at the then, current'prices. f (15) SEPARATOR TABS. The Corporation will furnish, without additional charge, sepaarator tabs for the major portions of the Code for all copies housed in mechanical logseleaf funders. The tabs furnished will be inAhe standard format utilized by the Corporation. (16) REPRINTS OF CHAPTERS, Additional copies of specific chapters or any; portion of the Code may be printed at the same time the original Code is printed as. provided alioge; and Wund in paper covers. All orders for additional copies of portions of the Code must be placed at tVe time the proofs are returned to the Corporation, or prior thereto., A price. list is attached to the bactc of this proposal. C. OTHER: (17) POST—CONFERENCE MMORANDUM. Upon completion of conference, as provided in Paragraph (5), the supexvisk will prepare an editorial memorandum setting forth the changes in the ordinances approvedat the editorial con. (18) DELIVERY SCIIEDULE. The following is a tentative time working schedule in the preparation of the new, Code: (a) Editorial conference in City . . . . , 5months, after receipt of ordinances. (b) Delivery of proofs to City . . 4 months after completion of the conference. OPTIONAL (c) Advance copies or final shipment to City. . . . . . . 3 months after return of the proofs, (d) Complete shipment to City , . . . . 1, month after receipt of Advance Copies, if Advance Copies required. PART TWO The Municipality will: (1) COPIES OF MATERIAL. Furnish the Corporation for its use in the editorial work, either, typed or printed copies of all ordinances of a general and permanent nature passed in fi$al form. (2) COSTS. Pay the Corporation for the work of editing, printing and binding as heiein• pro, vided as follows: (a) Editorial Fee . . . . . . . . . $4,50.0.00 (b) Printing 350 copies . . . . . . 7.25! per page, printed on both sides of the sheet. (c) Three -post expandable mechanical looseleaf binders . . . . . . 4.OQ eabh (d) Separator Tabs (maximum 12 tabs per set) . . . . 2.25! { The Corporation will utilize the 1973 Code as a base, as well as the original ordinances and subsequent codifications as deeined necessary for compiling a legislative history of the source of each section of the new Code. 6 (3) PAYMENT. Money due hereunder shall be due and payable as follows: (a) Upon signing of the contract , , , , , , , , , , , , , , . $2r560,10o (b) Within thirty (30) days after completion of the editorial conference 4rgO0.Q0 (c) Within thirty (30) days after submission of the proofs to the Municipality 211500.00 (d) Balance upon final delivery of the completed Codes to the Municipality. (4) FREIGHT CHARGES. The above costs do not include freight charges. Thq Municipality shall pay all freight charges. The shipment will be forwarded prepaid and invoiced. to the; ;Mu mcipality at the time of final billing, 6 PART THREE LOOSELEAF SUPPLEMENT SERVICE (1) SCHEDULE, After the official adoption and shipment of the.nety Code.as,herein,providi the Corporation shall maintain the same up to date by the.,publicafion of tooseieai 5'upplemer containing the new ordinances of a general and permanent: nature enacted by the: gPlerne� body. The Supplements can be published monthly, bimonthl depending on the requirements Of the Municipality, There is no additional charge {ar more ar Y, :quarterly, semiilnnually.dr an' quent publication. A minimum of thirty (30) days shall be required for dEjlivery of a re ,f r ment, (2) ORDINANCES TO BE FURNISHED BY MUNICIPALITY. It is requested that the. Ord nances be forwarded to the Corporation promptly following enactment by the Municipality fc recording and processing, (3) EDITORIAL SCRUTINY. The new ordinances will be studied: by a member, of the lai editorial staff of the Corporation in conjunction with the existing provisions; of the new Cod, for the purpose of determining if any provisions of the basic Code are repeal,'ed, amended or su amended. The page or pages of the Code containing provisions that are specled, liy tided ed u amended by ordinance shall be reprinted or printed to remove such repealed ,or amein nded ed o cions and to insert the new ordinances. Should- the Corporation detect conflicts, amended or duplications in the Code as the new ordinances are enacted, notification will. be made to the Attorney for the Municipality so that remedial action by the. Municipality may- be tak: (4) EDITORIAL NOTES. Appropriate editorial', notes will be prepared and appended to the new sections as deemed necessary by the Corporation„ (5) INDEX AND TABLES, When the inclusion of new material necessitates changes in the Index, appropriate entries will be prepared and' the necessary pages of the Index will be&eprinted to include the nety entries. The Comparative Table will also be kept up to date by :lis;ting the ordinances included in each Supplement, together with their disposition in thi Code. The Table. of Contents will also be kept current to reflect changes in the Code volume, (6) INSTRUCTION SHEET. Each Supplement wilt contain a, page of instructions of the obsolete pages and insertion of the new pages, fop removal (7) COSTS. The Corporation will prepare the ordinances 'editorially and prim __ �•,_ �h-resa-•tauDdred..and_.fi-Ty _j.3�0:)•____ copies o1 each SyPPlemezit for the;'sum.ot: ..TdiTRTEEN_-1)Q AIiS._FtI1 �X ,Q) N S ._(. 13,>1Q.?.._P. ee -page Supp emonIi for th sum os. There shall be no charge for blank pages.. For the purpose of this Part Three; a page is hereby defined as the area on sone (1) si�e of a sheet of paper. A sheet contains two (2) pages, (8) TABULAR MATTER: The cost's provided in Paragraph (7) above are based on ,a page containing type for ordinary, composition. Should the §uppleinent contain tables; dzaWin gs'and the like for which other methods of reproduction other than straight line casting operatgan aie required, the cast of such engravings or tabular matter will be additional',to the casts as provided above. 7 (9y FREIGHT CHARGES. The Supplements will be shipped to the Municipality, for distribution, ` to the holders of the Codes. The shipment will be prepaid. and invoiced at the time of final;'biH- ing. The Municipality shall have the exclusive right to sell the Codes and Supplements. (10) PAYMENT. All money due the Corporation for the publication of the Loo;eleaf Supple ments will be due and payable within thirty (30) days after the date the Municipality is invoiced for the same by the Corporation, without interest. (11) TERMINATION, The Looseleaf Supplement Service provided under this Part Three shall be in full force and effect for a period of .two. 42.) . year(s) from the date of shipment o,f the completed Codes to the Municipality and shall be automatically renewed from year !to year;pro- vided that either party may alter or cancel the terms of' this Part'Three upon six?fy (60) drays' written notice. The terms of this proposal shall remain in force and effect for a period of ninety (90) days. from the date appearing herein. We at MUNICIPAL CODE CORPORATION appreciate the opportunity of submitting this ;pro- posal and sincerely hope that its terms are acceptable. Respectfully submitted, M ICIPAL CODE CORPORATION l Carlton C..Smy y Executive Vjoe Pi�es,ident: 8 �; I 11 REPRINT PAMPHLET PRICE LIST is EPPECTIVE NOVEMRER 1, 1974 4 A. At Time of Initial Printing: II I, I: li i 1— 50 copies I I I — $3.60 per page 51-100 copies I I --- 4.00 pelf page J Each additional 50 copies _--_--- - - 0.35 per page B. After Liitial Printing: j 1— 50 copies ------------------- i I - - — - -_ ----- —___--$4.60 per page 51-100 copies ...... _ 5.00 per;page Each additional 50 copies _-__• —_ - _ - 0.35 per. Page C. Cordwain Pa per Covers: j 50 ! ; Movers $40.00 ( :. Each additional 50 covers _—_._ ___•—�-_ _j 10.00 Chicago Screw Posts .._... j OAO per copy Paper fasteners _•- _--_- _-- ; i; - 0.05 per copy ;. i Por the purpose of this price list, a page is hereby defined as thee area on one sheet of paper. A sheet contains two (2) lj sidgbf pages, a, If desired, reprint pamphlets can be kept up-to-date at the sarge time the Cove voiu supplemented at the cost set out in Item A above, zne• is �; I • 0 -Sec.. S. CLP$ IgUAL re ans. 9t4ired Wheya35 Persons riding b. Kt,,Ped ress able test es 'cyqleq shgll. (Cd-o.!'dS etaIn9ce8 b0o1-e0vpgrr ve an; audibipedestr1an. See- , wc,,,and, ""k,nq] ' -71. Fasazzg,I1 Any NcYclebeing Pne-half h ur afte- - . Pper, Shall e ui r Sunset III which la Sha 1 of bicycleite h e 'li 61 u feet conditions --7,"tj andla be visible at re t, e r under i ori On t, - Ie condition 9.4.1 9 th requirements 'I thro light. ( ode f See. 1 7-13. Warnin Muring th hbo — e rteh4ifh , Perjod Dn" the C%t� be&x4 fro Au. Opt dis he secure] hall de e', -. i I I - !a 31 1 1 neo . e'. o I er er 0seie:1 lye r eat jaI a 0 r - i 1 e, a A, a use lieu MO. of m 9 devices e4NO Persoshall uiPped. - n ride b. giving -an. With a bell Iqycle in the feet - n4'1Bible or other, w- city tin -1 - It is Or'Indre eVICe4 ,nor shall "CeIsIgnal 'for a d; arnIng'd -' ess that 6'. Iatan�e Of'One h c&Patb�i O -f siren,(CdanY, Person IC31cle, Shall'. be Rndred d�oo) Use upo e 1958, -§D-13, 3 equipped w Sec. bicycie, an Ith 7-14. Parkin I 'y whisflejj!`Or' arking restricted' ,No, Person shall a 'bicycj 'Pon theroadw _ Park 11666k to, - ay aga * e upon - curb, ..� 8uJjPort-jhe.b' ulst� the cnrb a "Wel Oththan - er In Such IcYcle 0 or i1po 4 aid ,or Pedestrian as to building eWa& , I - n i [ i a;m P' r a".., t jn�, - a or ptthe, I �I) r.1 i Ta d thqrlea�t obstroct. See. 7-15 a- J( Ion rakes. § 4-16), til varY N enable the Bicycle shall be L(IWP,, level, Qlc 'OPerator;to an Pavement. (zCllawill dke theb wlthla�-briike which nt. '0 J'g , rok9d*�eettskid 349 ILLS CODE KI;NDAIZV fpr g 7.16 oq parents Ole gparrliaiis' .. Sec. 7_16, Restianeibility" minors., authd&e or knc rig,o guardian shall" ' vl,lon9 of Parent or Ward to, violate any bf'[the pr'd' . s No";" periiiit'fils code 1958, this chapter. Sec, 7-17. Penalties• of a vua -=.cted punished ae thirty 195% § Secs. ?-18 7-w8., Reserved., ARTICLE II. REGISTRATION* of atiy PX°vision of ed in sect}o?? .1 �0 of :ration of "tile license riod no{" to eitcepl persni?'s bicycleafor days, or,No ;451, .'Gen. Ord., . ?-29. Re9uired. Yopelled: ou any Sec• ot.'.be ridden or, P 'unless, such bicycle" ehall n Pa in, the citYu de a> t - A •tyPe'A any, public P q ith the 1?olice - .P or" upon` Teg's ' or street t,,.A bicYcle has.beean appru(66n•:p d,NR 451, type the city and displayst ereoi:.(Ge ., meet. of" owing the registration h sticker rb 5 g 3.20.112) Sec. 7-30•. Tine' steTed, on:Tor All type- bicycles wit hall the Polic deA ajl.h en uponna orni pY vided, bYo f howncrship:. 9A 8 1''y roof ane. :ownsr.sh all by reasonable Paired by tiiiity (a0) purchased ,or ac4 artment within lice de p . Qrd No,'h51, 4 before 1ViaY of the"city, .bicycle iegisfered S, after, its With the Po. Gen,... uaneous uisiton.. ( iinit 'miMce purchase-g'.acq rAnita _ .re[eret�e.'-Lieenst:s, Pe .Croo regulations, Ch. t5• 30 business I • 0.: S �'I RESOLUTION N0. '7 6_ � 3 91 RESOLUTION AUTHORIZING EXECUTION OF A AVIATION ADMINISTRATION SVT WITH TM FEDERAL THE PROPOSEDCONVEYANCCONCERN'G, CONDITIONS TO BE ,pLA�.; E OF AIRPORT PROPERTY TO THE IOWA DEPS_. MENP OF TRANSPORTATION. WHEREAS, the City of Iowa City, Iowa, (hereinafter the City] and the Aviation Administration [hereinafter. the F.A.A.], have entered into several >mnts whereby the F.A.A. has provided funds for the development df'� Tara Municipal Airport, and WHEREAS, the City now desires to convey aPPrOxinately 4.8 acres of the to the Iowa Department of Transportation for use in the widening of and Highway WHEREAS, the terms of the agreement between the City and tiie F.A.A- that requi- funds received from the sale of the properly shall be placed in a special. airport commission account to be used along with any interest received ,for item of airport development according to law, and WHEAS RE, the City is obligated to include in the instruct of con"Yance number of conditions and reservations, and in order to obtain a release .from the F.A.A. to proceed with the veyance of the property, it is necessary to sign an agreement with the L?A,A. the City will use the money received for airport commission purposes and, yaill'.in the move mentioned conditions in the deed. NOW, TI*ERWORE, BE IT RESOLVED BY THE COIAVCII; OP THE CITY OF .IOWA CIq,'Y, .IOV'i 1• That the Mayor is hereby authorized to sign, and the City Clerlc.tq atte an agreement between the City and the F.A.A. in five copies, a copi of which aq?p hereof. Ment. f. attached to this xh resolution as Fihit A and by this reference mads a Paz. 1* The Mayor is hereby authorized to sicn, and .the City Cler#c to attest, resolution. Res. # 76-391 It was moved by Balmer and seconded by Post( that the Resolution as read be adopted, and upon roll call there<wwe: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 26th day of October , 19 76 . City Clerk