Loading...
HomeMy WebLinkAbout2008-11-03 ResolutionM ~ ~, a G` Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 3S6-SO43 RESOLUTION NO. 08-321 RESOLUTION TO ISSUE DANCING PERMIT 11-U:S-Utf 4c 5 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Summit - 10 S. Clinton Street Passed and approved this 3rd day of ATTEST: ~ ~ ~. ~V CIT LERK City Attorney's Office is ~>~B~ It was moved by Champion and seconded by o' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey _~ Champion x Correia x Hayek g O'Donnell ~ Wilburn _ x Wright 4e 1 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 08-322 RESOLUTION ACCEPTING THE WORK FOR THE 2008 PAVEMENT REPLACEMENT FOR WATERMAIN PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2008 Pavement Replacement for Watermain Project, as included in a contract between the City of Iowa City and Ultimate Edge Concrete LLC of North Liberty, IA, dated May 28, 2008, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $65,680.70. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of November , 20~~. ,~.~.~/ ATTEST: ~ ~ 7C' CIT LERK acct- ~~ City Attorney's Office tv~ ~, g.(~ It was moved by champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x ~_ x x X ~_ x Bailey Champion Correia Hayek O'Donnell Wilburn Wright PwengTres/2008pavement-acptwork.doc 10/08 M}~ 4e 2 Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-323 RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A DECLARATION OF CONDOMINIUM REGIME FOR LOT 13, LONGFELLOW MANOR CONDOMINIUMS. WHEREAS, the City built a 2-unit residential condominium structure at 920 Longfellow Place and 928 Longfellow Court on Lot 13 of Longfellow Manor; and WHEREAS, the City intends to sell each unit to an income-eligible family as part of its Affordable Dream Home Program; and WHEREAS, a Declaration of Condominium Regime must be executed and recorded prior to completion of a sale; and WHEREAS City staff has prepared and approved of a Declaration of Condominium Regime and recommends it be approved and executed. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and City Clerk are authorized and directed to execute and attest respectively the Declaration of Submission of Property to Horizontal Regime Establishing a Plan for Condominium Ownership of Premises -Lot 13, Longfellow Manor Condominiums. 2. The City Clerk is directed to record said declaration at cost to the City. Passed and approved this 3rd day of November , 2008. Approved: (d'~~,~ A TT EST: ~7~~-u~~ ~`C ~~.vt~J CITY C RK City Attorney's Office Resolution No. 08-323 Page 2 It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _~ Bailey x Champion x Correia x Hayek ~_ O'Donnell x Wilburn x Wright wpdata/glossary/resolution-ic.doc 4e(3 Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-324 RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A DECLARATION OF CONDOMINIUM REGIME FOR LOT 16, LONGFELLOW MANOR CONDOMINIUMS. WHEREAS, the City built a 2-unit residential condominium structure at 840 Longfellow Place and 942 Longfellow Court on Lot 16 of Longfellow Manor; and WHEREAS, the City intends to sell each unit to an income-eligible family as part of its Affordable Dream Home Program; and WHEREAS, a Declaration of Condominium Regime must be executed and recorded prior to completion of a sale; and WHEREAS City staff has prepared and approved of a Declaration of Condominium Regime and recommends it be approved and executed. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and City Clerk are authorized and directed to execute and attest respectively the Declaration of Submission of Property to Horizontal Regime Establishing a Plan for Condominium Ownership of Premises -Lot 16, Longfellow Manor Condominiums. 2. The City Clerk is directed to record said declaration at cost to the City. Passed and approved this Ord day of November , 2008. Approved: ~'~~ ~~. i o, a~ , cg City Attorney's Office ATTEST: ~~~s,G-~ ~C - i~'~ CITY C K Resolution No. 08-324 Page 2 It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion ~_ Correia ~_ Hayek ~ O'Donnell X Wilburn x Wright wpdata/glossary/resolution-ic.doc ~~~ 4e 4 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO 08-325 RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT "A" OF OAKMONT ESTATES SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC OPEN SPACE. WHEREAS, in connection with the Oakmont Estates Subdivision, it was agreed that the owner, K.G. Bird, L.L.C., would dedicate Outlot A within said subdivisions to the City; and WHEREAS, the owner is now willing and able to dedicate said parcel to the City; and WHEREAS, said parcel to be dedicated is described as Outlot A in the Oakmont Estates Subdivision, Iowa City, Iowa, and have been made the subject of the Final Plat recorded at Book 46, Page 319, Plat Records of Johnson County, Iowa; and WHEREAS, City Code provides that the City formally accept the dedication of land for open space by resolution; and WHEREAS, the Parks & Recreation Department and Public Works Department have inspected the property and determined it is suitable for dedication at this time, and the City Council finds acceptance of said dedication to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Acceptance of the above-referenced parcels for public open space, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of .said dedication. Passed and approved this 3rd day of ATTEST: /~(i~,s.,~~~ ~~~t/ CLERK City Attorney's Office ~n ~ 2 g~v8 Resolution No, 08-325 Page 2 It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: x x x ~- x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc 11-UR3-Utf l y l~ V Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 08-326 RESOLUTION ADOPTING A SIDEWALK SNOW REMOVAL POLICY. WHEREAS, section 16-1A-8D provides that the Director of Public Works may establish snow and ice removal policy for sidewalks abutting private property and that the policy shall be approved by Council; and WHEREAS, it is in the best interest of the public that the City adopt the attached Operating Policy for Sidewalk Snow Removal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The attached Operating Policy for Sidewalk Snow Removal is adopted. Passed and approved this 3rd day of Novembe , 2008. ATTEST: - CIT ERK Appro~~ City Attorney's Office Resolution No. Page 2 08-326 It was moved by _wight and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: _~- x x x ~- x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolutionac.doc OPERATING POLICY FOR SIDEWALK SNOW REMOVAL (A) Notice to Public In November of each year or as may be deemed appropriate by the City Manager or his/her designee, the public will be notified of the requirements of the sidewalk snow removal laws by various means. (B) Areas of Snow Removal Enforcement of the snow removal provisions of the Code of Iowa City on the basis of citizen complaints shall be as follows: When a citizen complains about a public sidewalk adjacent to a specific street address that has not been cleared within 24 hours after the cessation of snowfall of one inch (1") or more or any amount of ice, the Director of Housing and Inspection Services shall cause the complaint to be investigated and, if valid, the notification, reinspection, and removal procedures as outlined herein may be initiated. The field investigation of the complaint and the enforcement action may not be limited to the specific address given, but may include the entire frontage from intersecting street to intersecting street. (C) Measurable Snowfall and Enforcement Twenty -four hours after a recorded snowfall of one inch or more or any amount of ice has ended, the complaint response for sidewalk snow removal will be administered as outlined above. All complaints shall be forwarded to the Department of Housing and Inspection Services and inspections will be carried out by the department. Public walks shall be completely cleared the entire width of the sidewalk down to concrete and suitable for public use. If the inspector finds that the public walk has not been cleared of snow and ice as required herein, the property will be posted with a notice reminding the occupant of the code requirements to clear the sidewalk. The property owner or agent of record will then be sent a letter of violation by regular mail informing them that subsequent violations will be abated without further notice and may result in a citation for a municipal infraction. The City will attempt to do a follow-up inspection within twenty-four hours after notice of the ordinance requirements has been left at the property to see if the removal of the snow has been accomplished in accordance with this rule. If the snow and ice have been removed in compliance with this rule, the enforcement will be terminated. If the ice and snow have not been cleared as required, the inspector will authorize an approved snow removal contractor to remove the snow and/or ice from the sidewalk in violation and invoice the City for the work. The City Accounting Division will then invoice the property owner for the expenses incurred with the abatement process which includes both the charges from the contractor and an administrative fee from the City. Nov. 2008 M~ 9 Prepared by: Steven Rackis, Housing Authority, 410 E. Washington St., Iowa City, IA 52240 (319) 887-6065 RESOLUTION NO. 08-327 RESOLUTION AUTHORIZING THE IOWA CITY HOUSING AUTHORITY TO REQUEST A DISASTER GRANT IN THE AMOUNT OF $56,725 FROM THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE RECONSTRUCTION OF THE PUBLIC HOUSING UNIT LOCATED AT 608 EASTMOOR, IOWA CITY, IOWA, WHICH WAS DAMAGED IN THE FLOOD OF 2008 WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the HUD Disaster Funds are available and necessary for the reconstruction of the Public Housing unit located at 608 Eastmoor, Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Iowa City Housing Authority will request a Disaster Grant in the amount of $56,725 from HUD for the reconstruction of the Public Housing unit located at 608 Eastmoor, Iowa City, Iowa, which was damaged in the flood of 2008; and 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 3rd day of ~~ ATTEST: ~ ~~= x~ ~~ ~ zGz~-) CITY RK City Attorney's Office It was moved by Correia and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: ~_ x x X ~- ~_ x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright Hisadmlres/eastmoorl0-24-08.doc November , 20 08 aD" ro~ i~1~9 Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF CORALVILLE, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. 10 WHEREAS, Iowa City provides animal care services and operates a facility for the provision of said services; WHEREAS, Iowa Code Chapter 28E (2007) permits state and local governments to make efficient use of their resources and powers in order to provide joint services; WHEREAS, although the City of Iowa City and the City of Coralville presently have a 28E Agreement for animal care services, they wish to terminate it and enter into a new agreement; WHEREAS, the City of Iowa City and the City of Coralville have negotiated the terms of a new 28E Agreement for the Provision of Animal Care Services, a copy of said Agreement is attached; and WHEREAS, it is in the interest of the City of Iowa City to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and .the City Clerk to attest two (2) originals of the Chapter 28E Agreement between the City of Iowa City, Iowa and the City of Coralville, Iowa for the Provision of Animal Care Services, a copy of which is attached. 2. The City Clerk is directed to file said Agreement in the office of the Secretary of Sate as provided in Iowa Code section 28E.8 (2007), as amended. 3. The City Clerk is further directed to file a notice of termination, if required, with the Secretary of Sate of the current 28E agreement. Passed and approved this day of , 2008. MAYOR ATTEST: CITY CLERK Approved by .-~~~~ City Attorney's Office 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND CORALVILLE, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES This Agreement is entered into between the City of Iowa City, Iowa, a municipal corporation, ("Iowa City") and the City of Coralville, Iowa, a municipal corporation, ("Coralville"). WHEREAS, Iowa City provides animal care and sheltering services and operates a facility for the provision of said services ("animal center"); WHEREAS, Iowa City is willing to provide animal care services to Coralville; and WHEREAS, Iowa Code Chapter 28E (2007) permits local governments to enter into agreements for the joint services and facilities. THEREFORE, Iowa City and Coralville agree as follows: 1. Term. This Agreement shall be effective July 1, 2008, and upon execution, Iowa City will promptly file it with the Iowa Secretary of State as provided in Section 28E.8 of the Iowa Code (2007), as amended. The duration of this Agreement shall be perpetual, unless terminated in the manner provided below. 2. Fee for Sheltering Services. Iowa City will provide animal sheltering services to Coralville based on the following formula: total number of animals in animal center in FY05 to FY07 less total number of animals reclaimed in FY05 to FY07 equals total FY05 to FY07 animals total FY05 to FY07 animals divided by 3 equals average animals previous 3 FYs total number of Coralville animals in animal center in FY05 to FY07 less total number of Coralville animals reclaimed in FY05 to FY07 equals total Coralville FY05 to FY07 animals total Coralville FY05 to FY07 animals divided by 3 equals average number Coralville animals previous 3 FYs average number Coralville animals previous 3 FYs divided by average animals previous 3 FYs equals average percentage of Coralville animals in animal center previous 3 FYs total operational budget for animal center in FY07 multiplied by average percentage of C'ville animals in animal center previous 3 FYs equals Coralville FY07 sheltering service fee "Animal sheltering services" means housing and medical care, as determined by Iowa City, including but not limited to spay, neuter, microchip, and euthanasia as needed. Iowa City will provide no field services to Coralville, except as provided below in the paragraph entitled "Additional Services." "Coralville animal" means any animal that is brought to the animal center from within the corporate limits of Coralville. "Total operational budget" means the total cost to the animal center, which is identified as "Shelter Services and Administration" in the Iowa City budget. It does not include field services which are identified as "Animal Services Patrolling" in the Iowa City budget. The amount of the sheltering service fee will change automatically each fiscal year beginning July 1, 2009. Beginning January 31, 2009, and from year-to-year thereafter, Iowa City will provide Coralville with the amount of the sheltering service fee that will be effective the following July 1. Iowa City will invoice Coralville quarterly for the animal sheltering service fee, and Coralville will pay the fee within thirty (30) days of receipt of the invoice. There is no limit to or cap on the number of days that an animal will remain in the animal center. Coralville may inquire at any time into the status of any animal, including the basis for the duration of the stay. An example of the quarterly billing calculation is attached as Exhibit A and incorporated herein. 3. Acceptance of Animals A. In General. Iowa City will accept any animal from Coralville, except as noted below. B. Sick/Injured. Iowa City will not accept a severely sick or injured animal after regular business hours. "Severely sick or injured" means in need of immediate medical attention as determined by Iowa City. A severely sick or injured animal subsequently determined to be stable by a veterinarian will be accepted during regular business hours. C. Prohibited. Iowa City will accept animals that are prohibited by Iowa City Ordinance (e.g., monkeys and alligators) on a case by case basis depending on species and needs. Coralville will be charged a specific fee for each animal accepted, and Iowa City shall inform Coralville of said fee prior to acceptance. Said animal will be included in the "total number of Coralville animals in animal center" in that 2 f scal year. For public safety and appropriate confinement, these animals may need to be housed off site at an appropriate facility. D. Housing Offsite. If an animal needs to be housed offsite due to, for example, the impoundment of a large number of animals, the type of species, or the specific needs of the animal, acceptance of that animal will be determined by Iowa City at its sole discretion. If the animal is accepted and housed offsite, Iowa City will promptly notify Coralville of the offsite housing, and Coralville will promptly pay the actual costs of housing upon being provided written documentation, including but not limited to the veterinarian bill. Coralville shall have the option of providing for the housing the animal, but as provided below in Paragraph 3E, Coralville will claim no ownership interest in said animal. E. Ownership. Coralville will claim no ownership interest in any animal and will not retrieve or pick-up any animal from the animal center without Iowa City's authorization. 4. Quarantine. A. Known Owner. In cases of animal bites, where no current rabies vaccination is on file and quarantine is required by law, the parties agree that it is the owner(s), if known, responsibility to quarantine the animal at a certified veterinary clinic and pay all costs incurred. If the owner refuses, Coralville may quarantine the animal at the animal center. If Coralville chooses to have Iowa City quarantine the animal, Iowa City may do so at the animal center or at a veterinary clinic, and said animal will be included in the "total number of Coralville animals in animal center" in that fiscal year regardless of where the animal is quarantined. Owned animals with current rabies vaccination status that do not pose a threat to the general public should be quarantined at the owner's home for a period of 10 days from the start of quarantine. B. Stray Animals. All stray biting animals with unknown rabies status will be quarantined at the animal center or an offsite facility; said animal will be included in the "total number of Coralville animals in animal center" in that fiscal year regardless of where the animal is quarantined. Fractious or feral animals with no traceable identification will be evaluated by Iowa City for adoption, rescue transfer, TNR, or euthanasia as allowed under state and local law. 5. Policies. All animals will be subject to the policies of Iowa City, including but not limited to Quarantine Procedure, Holding and Impound Procedure, Adoption Procedure, Foster Procedure, Euthanasia Procedure, and Emergency Medical Procedure. 6. Reclaim. If a Coralville animal is reclaimed by the owner, said owner will be required to pay the Iowa City "reclaim fee", and Iowa City will not invoice Coralville for any fees or charges for an animal that is reclaimed. All animals reclaimed that do not have microchip identification will be implanted by Iowa City with a microchip, at the cost to the owner prior to being released from the animal center. If an owner cannot afford the cost of reclaim, Coralville 3 will be notified by the animal center staff and will have the option to pick up the uncovered cost and bill the owner privately. In these cases Iowa City will bill Coralville. for the animal as if it is astray. 7. Additional Services. A. At Coralville's option, it may request that Iowa City prepare and transport to Oakdale a dead animal that needs be tested for rabies for a flat fee of $75.00 per animal. B. At Coralville's option, it may request that Iowa City provide field services for cases of animal hoarding, commercial breeding inspections, animal neglect, animal cruelty, injured, sick, and aggressive orbiting animals. C. Iowa City reserves the right to decline to perform said services based on staffing, animal center constraints, or the need to perform services within Iowa City. D. Iowa City will bill Coralville on a quarterly basis for said services, and Coralville shall pay the amount within thirty (30) days of receipt of the invoice. The amount billed will be based on the time spent by a staff member to respond to the call beginning when the staff member leaves the animal center and ending when the staff member returns to the animal center. Costs will be based on the rate of pay for Iowa City personnel under the ASFME contract agreement and under administrative rates of pay for supervisors. In addition, Iowa City will bill Coralville for mileage costs at the standard mileage rate used by the IRS to calculate the deductible costs to operate a vehicle for business purposes, which is $.505 per mile in 2008. E. At the location of a pickup, a Coralville representative who can exercise jurisdiction within the corporate limits of Coralville must be present. 8. Task Force. Coralville acknowledges that Iowa City established in Resolution No. 06- 215 an "Animal Care Task Force" consisting of five (5) members and that and one (1) member is a resident of Coralville. The Task Force will automatically sunset on June 30, 2009 and will not be dissolved by the termination of the current 28E agreement between the parties. The duties of the Task Force include: • Recommend amendments to the 28E agreements between Iowa City and Coralville and Iowa City and Johnson County • Review Iowa City, Coralville, and Johnson County ordinances and recommend amendments to the respective bodies • Develop programs to reduce animal over-population and educate citizens on local animal issues and address other animal concerns and issues in the Iowa City, Coralville, and Johnson County areas • Provide an annual report of achievements and goals to both Councils and the Board 4 9. License. Iowa City will provide no licensing services to Coralville unless requested. If requested, the 28E agreement will be amended. 10. Animal Center. Coralville will have no right to use or occupy the animal center, and operation and management of the animal center is the sole responsibility of Iowa City. 11. Termination. Either party may terminate this Agreement upon ninety (90) days written notice to the other party. 12. Administrator. The Operations Manager of the Iowa City Animal Services Division will administer this Agreement and the services provided under this Agreement. 13. Notice. Notice by Iowa City to Coralville must be in writing and addressed to: City Clerk, City of Coralville, 1512 - 7~` Street, Coralville, IA 52241-1708. Notice by Coralville to Iowa City must be in writing and addressed to: City Clerk, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240. Notice is sufficient if delivered by ordinary mail. 14. Reports. At Coralville 's request, Iowa City will provide at no charge a quarterly report listing the "Coralville animals" that were impounded for that period and their dispositions. If Coralville requests additional reports, Iowa City will provide them at its cost to prepare them. . 15. Indemnification/Hold Harmless. Each party agrees to release, indemnify and hold the other party, its officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees,. and expenses incidental thereto, which may be suffered by, or charged to, the party by reason of any loss or damage to any property or injury to or death of any the person arising out of or by reason of any breach, violation or non-performance by the other party or its servants, employees or agents of any covenant or condition of this Agreement or by any act or failure to act of those persons. Iowa City shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Iowa City's control. 16. Waiver. The waiver by either party of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms of this Agreement. 17. Severability. If a provision shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 5 18. Current 28E Agreement. The parties' current 28E agreement entered on June 27, 2006 is terminated effective June 30, 2008. Iowa City will promptly invoice. Coralville for the final bill under the previous agreement and Coralville shall pay said invoice within thirty (30) days of receipt. 19. Entire Agreement. This Agreement sets forth all of the covenants, promises, agreements, and conditions between Iowa City and Coralville concerning animal care services, and there are no other covenants, promises, agreements or conditions, either oral or written, between them. This Agreement may not be modified or amended in any manner except by an instrument in writing executed by the parties. CITY OF IOWA CITY Dated this By: Mayor Attest: City Clerk 2008. ~~ A q~ IO ' o~~,a~ City Attorney's Office STATE OF IOWA JOHNSON COUNTY day of CITY OF IOWA CITY ACKNOWLEDGMENT ss: On this day of , 2008, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa CITY OF CORALVILLE Dated this day of By: Mayor Attest: City Clerk CITY OF CORALVILLE ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) 2006 On this day of , 2006, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Jim L. Fausett and Nancy J. Beuter, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa ~ /~ 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND CORALVILLE, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES This Agreement is entered into between the City of Iowa City, Iowa, a municipal corporation, ("Iowa City") and the City of Coralville, Iowa, a municipal corporation, ("Coralville"). WHEREAS, Io a City provides animal care and shel the provision of s~i'd services ("animal center"); WHEREAS, Iowa Ci is willing to provide animal c WHEREAS, Iowa Code hapter 28E (2007) permits for the joint services and f ilities. THEREFORE, Iowa City and Coralville agree as Billows: services and operates a facility for to Coralville; and governments to enter into agreements 1. Term. This Agreements 11 be effectiv July 1, 2008, and upon execution, Iowa City will promptly file it with the Iowa cretary of tate as provided in Section 28E.8 of the Iowa Code (2007), as amended. The durat n of thi Agreement shall be perpetual, unless terminated in the manner provided below. 2. Fee for Sheltering Services. I Coralville based on the following formula: total number of less total number of equals total FY05 to F~ City will provide animal sheltering services to in imal center in FY05 to FY07 rec imed in FY05 to FY07 animals total FY05 to Y07 animals divided by 3 equals average an` als previous 3 FYs total nu ber of Coralville animals in ani less total n ber of Coralville animals rec ai equals total oralville FY05 to FY07 animals Coralville FY05 to FY07 animals divided by equals average number Coralville animals previ center in FY05 to FY07 in FY05 to FY07 3 FYs average number Coralville animals previous 3 FYs divided by average animals previous 3 FYs equals average percentage of Coralville animals in animal center previous 3 FYs total operational budget for animal center in FY07 multiplied by average percentage of C'ville animals in animal center previous 3 FYs equals Coralville FY07 sheltering service fee "Animal sheltering services" means housing and medical care, as determined by Iowa City, including but not limited to spay, neuter, microchip, and euthanasia as needed. Iowa City will provide no field services to Coralville, except as provided below in the paragraph entitled "Additional Services." "Coralville animal" means any animal that is brought to the animal center from within the corporate limits of Coralville "Total operational budget" m s the total cost to e animal center, which is identified as "Shelter Services and Administr ion" in the Iowa Cit budget. It does not include field services which are identified as "Animal S ices Patrolling" 'n the Iowa City budget. The amount of the sheltering servic fee will ch ge automatically each fiscal year beginning July 1, 2009. Beginning January 31 2009, an from year-to-year thereafter, Iowa City will provide Coralville with the amount o the s ltering service fee that will be effective the following July 1. Iowa City will invoice Coralville quarterly or the animal sheltering service fee, and Coralville will pay the fee within thirty (30) days of e eipt of the invoice. There is no limit to or cap on the number of days that an animal will r mai in the animal center. Coralville may inquire at any time into the status of any animal inclu 'ng the basis for the duration of the stay. An example of the quarterly billing calcul on is att hed as Exhibit A and incorporated herein. 3. Acceptance of Animals A. In General. Iowa City/~will accept any anim~l from Coralville, except as noted below. B. Sick/Injured. Iow City will not accept a severely sick or injured animal after regular business ours. "Severely sick or i jured" means in need of immediate medical attentio as determined by Iowa Cit A severely sick or injured animal subsequently etermined to be stable by a v terinarian will be accepted during regular busi ss hours. C. Prohibited. Iowa City will accept animals th~ are prohibited by Iowa City Ordinance (e.g., monkeys and alligators) on a c se by case basis depending on species and needs. Coralville will be charged a specific fee for each animal accepted, and Iowa City shall inform Coralville of said fee prior to acceptance. Said animal will be included in the "total number of Coralville animals in animal center" in that 2 fiscal year. For public safety and appropriate confinement, these animals may need to be housed off site at an appropriate facility. D. Housing Offsite. If an animal needs to be housed offsite due to, for example, the impoundment of a large number of animals, the type of species, or the specific needs of the animal, acceptance of that animal will be determined by Iowa City at its sole discretion. If the animal is accepted and housed offsite, Iowa City will promptly notify Coralville the offsite housing, and Coralville will promptly pay the actual costs of housing u n being provided written documentation, including but not limited to the veterinarian bill. Coralville shall have the option of providing for the housing the animal, but as provided below in Paragraph 3E, Coralville will claim no ownership interest in said animal. E. Ownership. Coralville will claim no ownership interest in any animal and will not retrieve or pick-up any animal from the animal center without Iowa City's authorization. ~' 4. Quarantine. A. Known Owner. In cases of animal bit ,where file and quarantine is required by law, th partie known, responsibility to quarantine the anim at all costs incurred. If the owner refuses, Cora v' e animal center. If Coralville chooses to have I a City may do so at the animal center or at a ve e included in the "total number of Coralville an' als regardless of where the animal is quaranti d. O vaccination status that do not pose a threat the ge at the owner's home for a period of 10 day from th n current rabies vaccination is on agree that it is the owner(s), if certified veterinary clinic and pay may quarantine the animal at the City quarantine the animal, Iowa ary clinic, and said animal will be n animal center" in that fiscal year ed animals with current rabies n al public should be quarantined e s of quarantine. B. Stray Animals. All stray biting animals ith unknown rabies status will be quarantined at the animal center or an offsite fac' ity; said animal wi be included in the "total number of Coralville animals in ani al center" in that fisca year regardless of where the animal is quarantined. Fracti s or feral animals with n traceable identification will be evaluated by Iowa City or adoption, rescue transfer, TNR, or euthanasia as allowed under state and local 1 5. Policies. All animals will b subject to the policies of Iowa City, including but not limited to Quarantine Procedure, H ding and Impound Procedure, Adoption rocedure, Foster Procedure, Euthanasia Procedure, d Emergency Medical Procedure. 6. Reclaim. If a Coralville animal is reclaimed by the owner, said owner will`be required to pay the Iowa City "reclaim fee", and Iowa City will not invoice Coralville for any fees or charges for an animal that is reclaimed. All animals reclaimed that do not have microchip identification will be implanted by Iowa City with a microchip, at the cost to the owner prior to being released from the animal center. If an owner cannot afford the cost of reclaim, Coralville 3 will be notified by the animal center staff and will have the option to pick up the uncovered cost and bill the owner privately. In these cases Iowa City will bill Coralville for the animal as if it is astray. 7. Additional Services. A. At Coralville's option, it may request that Iowa City prepare and transport to Oakdale a dead animal that needs be tested for rabies for a flat fee of $75.00 per animal. B. At Coralville's option, it may request that Iowa City provide field services for cases of animal hoarding, commercial breeding inspections, animal neglect, animal cruelty, injured, sick, and aggressive or biting animals. C. Iowa City reserves the right decline to perform said s rvices based on staffing, animal center constraints, or t e need to perform services within Iowa City. D. Iowa City will bill Coralville on quarterly basis for sa'd services, and Coralville shall pay the amount within thirty 30) days of receipt f the invoice. The amount billed will be based on the time spe by a staff mem er to respond to the call beginning when the staff member lea s the animal enter and ending when the staff member returns to the animal center. sts will b based on the rate of pay for Iowa City personnel under the ASFME contra agree ent and under administrative rates of pay for supervisors. In addition, Iowa C 11 bill Coralville for mileage costs at the standard mileage rate used by the IRS to lculate the deductible costs to operate a vehicle for business purposes, which is $.5 er mile in 2008. E. At the location of a pickup, a Coralville re resent ive who can exercise jurisdiction within the corporate limits of Coralville ust be pr ent. 8. Task Force. Coralville acknowledges t at Iowa City establ hed in Resolution No. 06- 215 an "Animal Care Task Force" consisting five (5) members an that and one (1) member is a resident of Coralville. The Task Force wil automatically sunset on e 30, 2009 and will not be dissolved by the termination of the curre t 28E agreement between t parties. The duties of the Task Force include: • Recommend amendme s to the 28E agreements betty en Iowa City and Coralville and Iowa Cit and Johnson County • Review Iowa City, C alville, and Johnson County ordinance and recommend amendments to the re ective bodies • Develop programs to reduce animal over-population and educate citizens on local animal issues and address other animal concerns and issues in the Iowa City, Coralville, and Johnson County areas • Provide an annual report of achievements and goals to both Councils and the Board 4 9. License. Iowa City will provide no licensing services to Coralville unless requested. If requested, the 28E agreement will be amended. 10. Animal Center. Coralville will have no right to use or occupy the animal center, and operation and management of the animal center is the sole responsibility of Iowa City. 11. Termination. Either party may terminate this Agreement upon ninety (90) days written notice to the other party. i 12. Administrator. The O rations Manager of the Io City Animal Services Division will administer this Agreement an the services provided unde this Agreement. 13. Notice. Notice by Iowa Ci to Coralville must be n writing and addressed to: City Clerk, City of Coralville, 1512 - 7~' St eet, Coralville, IA 52 41-1708. Notice by Coralville to Iowa City must in writing and dressed to: City Clerk, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240. Notice is sufficient if delivered by ordinary m il. 14. Reports. At Coralville 's request, Iowa ~ty ill provide at no charge a quarterly report listing the "Coralville animals" that were impoun d for that period and their dispositions. If Coralville requests additional reports, Iowa City w' rovide them at its cost to prepare them. . 15. Indemnification/Hold Harmless. other party, its officers and employees har business interruptions, delays, losses, clay costs, attorneys' fees, and expenses incide the party by reason of any loss or damage arising out of or by reason of any breac servants, employees or agents of any c v Eac party rees to release, indemnify and hold the nles from an gainst any and all liabilities, damages, ms judgments, f any kind whatsoever, including all n 1 thereto, whic may be suffered by, or charged to, o any property or i jury to or death of any the person violation or non-per rmance by the other party or its or condition of i failure to act of those persons. Iow City shall not be liable Agreement or for any loss, injury, d age or delay of any nature caused by any act of God, fire, floo ,accident, strike, labor dispute, other cause beyond Iowa City's co rol. Agreement or by any act or its failure to perform this atsoever resulting therefrom riot, insurrection, war or any 16. Waiver. The waiver by ether party of any covenant or conditic~ii of this Agreement shall not thereafter preclude such p y from demanding performance in accordance with the terms of this Agreement. 17. Severability. If a provision shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 18. Current 28E Agreement. The parties' current 28E agreement entered on June 27, 2006 is terminated effective June 30, 2008. Iowa City will promptly invoice Coralville for the final bill under the previous agreement and Coralville shall pay said invoice within thirty (30) days of receipt. 19. Entire Agreement. This Agreement sets forth all of the covenants, promises, agreements, and conditions between Iowa City and Coralville concerning animal care services, and there are no other covenants, promises, agreements or conditions, either oral or written, between them. This Agreement may not be modified or amended in any manner except by an instrument in writing executed by the parties. 1 CITY OF IOWA CITY Dated this By: Mayor Attest: City Clerk 2008. ~Vc./~ ~ O ' o) ~ . G City Attorney's Office CITY OF IOWA C STATE OF IOWA JOHNSON COUNTY ss: WLEDGMENT On this day of ~ , 200 before me, the undersigned, a notary public in and for the State Iowa, personally appeared Re enia D. Bailey and Marian K. Karr, to me personally known, w o being by me duly sworn, did sa that they are the Mayor and City Clerk, respectively, of id municipal corporation executin the within and foregoing instrument; that the seal aff ed thereto is the seal of said municipal corporation; that said instrument was signed and s aled on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa day of 6 CITY OF CORALVILLE Dated this day of By: Mayor Attest: City Clerk CITY OF COF~ALV~LLE ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) 2006 On this day of , 2006, before me, the undersigned, a notary public in and for the State o Iowa, person ly appeared Jim L. Fausett and Nancy J. Beuter, to me personally known, who be' g by me duly s orn, did say that they are the Mayor and City Clerk, respectively, of said m 'cipal corporation e ecuting the within and foregoing instrument; that the seal affixed thereto i the seal of said municipal corporation; that said instrument was signed and sealed on behalf o said municipal corporate n by authority of its City Council; and that the said Mayor and City Cl as such officers acknowl ged that the execution of said instrument to be the voluntary act and eed of said corporation, by it d by them voluntarily executed. Notary Public in and for the State of Iowa