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Home My WebLink About1996 Resolution BookRESOLUTION BOOK #116 96-205 96-312- 1 � ! t RESOLUTIONS BOOK /116 96.— 205 to 96-217 PAGE RES. NO. TITLEI' 205 96-205 Resolution of intento convey a Tourtract o 7/ nATr ; 16%S36 land (at least 1500 Square feet) from the Northerly portion of Shamrock Place Apartments, 3501-3560 Shamrock Place, Iowa City, Iowa, to the Court Hill Owners Association. 206 96-206 Resolution to issue Dancing Permit. 207 96-207 Resolution authorizing the Mayor to execute and the City Clerk to attest two subordination agreements between the City of Iowa City and University of Iowa Community Credit Union for property located at 109 South Johnson Street, Iowa City, Iowa. ! t 208 96-208 Resolution authorizing the Mayor to sign and the City Clerk to attest a stormwater management easement agreement between West Side Park and Park West Subdivision concerning Stormwater Management obligations for Park West Subdivision, Part 1, Iowa City, Iowa. 209 96-209 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a portion of a stormwater drainage easement located on Lot 56 of Park View Terrace Subdivision, Iowa City, Iowa. 210 96-210 Resolution approving an agreement between the City of Iowa City �! and the Iowa State Department of Economic Development for Iowa Emergency Shelter Grants Program Funding, and authorizing the Mayor to execute and the City Clerk to attest the same. 211 96-211 Resolution approving an agreement between the City of Iowa 1 City and the Emergency Housing Project for Iowa Emergency ~ Shelter Grants Program Funding, and authorizing the Mayor to execute and the City Clerk to attest same. # 212 96-212 Resolution approving an agreement between the City of Iowa City and the Domestic Violence Intervention Program for Iowa". Iowa Emergency Shelter Grants Program Funding, and authorizing the Mayor to execute and the City Claerk to attest same. ? r 213 96-213 Resolution approving an agreement between the City of Iowa; City and Youth Homes, Inc., for Iowa Emergency Shelter Grants t Program Funding, and authorizing the Mayor to execute and the City Clerk to attest same. F t 214 96-214 Resolution approving an agreement between the CIty of Iowa City and the Greater Iowa City Housing Fellowship for Iowa, Emergency Shelter Grants Program Funding, and authorizing the Mayor to execute and the City Clerk to attest same. s 215 96-215 Resolution approving an agreement between the City of Iowa of City and Hawkeye Area Community. Action Program for Iowa Emergency Shelter Grants Program Funding, and authorizing x� -' the Mayor to execute and the City Clerk to attest same. c,s 216 96-216 Resolution approving final plat of saddlebrook Addition, Part t 1, Iowa City, Iowa. 4k 4 � 217 96-217 Resolution approving Final Site Plan of Lots 3 & 4, Saddle - brook Addition, Part 1, Iowa City, Iowa.�M�,f; art 7777777m, k i l tt r r7a RESOLUTIONS BOOK # 116 96-218 to 96.-229 PAGE RES. NO. TITLE DATE j 218 96-218 Resolution approving plans, specs., form of contract, and /16795 t estimate of cost for construction of the Well House Improve- ments Project in connection with the Water Supply and Treatment Facilities Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish advertisement, for bids, and fixing time and place for receipt of bids.. k .. 219 96-219 Resolution awarding contract and authorizing Mayor to sign and �.` City Clerk to attest contract for construction of the Soccer /tea, Site Access Road Project. 220 96-220 Resolution awarding contract and authorizing Mayor to sign and City Clerk to attest contract for construction of the Iowa City Landfill Force Main Project. 221 96-221 Resolution awarding contract and authorizing Mayor to sign and EE¢ City Clerk to attest contract for construction of the Abbey Lane Sanitary Sewer Project. 222 96-222 Resolution approving an agreement between the City of Iowa City, Iowa, and the following agencies for Aid-to-Agency Funding by the City of Iowa City, Iowa, and authorizing the Mayor to execute and the City Clerk to attest the same: Big Brothers and Big Sisters ($33,600);Crisis Center($33,000);Domestice Violence Intervention Program($46,000);Emergency Housing Project($7,500);Iowa Center for AIDS Resources and Education(9,200);Mayor's Youth Employment ($36,000);Neighborhood Centers of Johnson County($49,000);Rape j Victim Advocacy Program(12,500);American Red Cross($ 4,510);and �. United Action for Youth($30,240). 223 96-223 Resolution approving an agreement between the City of Iowa City, Iowa, and the following agencies for Aid-to-Agency Funding by the City of Iowa City, and authorizing the Mayor to execute. . and the City Clerk to attest the same: Free Medical Clinic($5,180) i and Hawkeye Area Community Action Program($6,240). 224 96-224 Resolution approving an agreement between the City of Iowa City, Iowa, and the following agencies for Federal Community Develop- ti r ment Block Grant(CDBG)Funding by the City of Iowa Ci.ty, Iowa and authorizing the Mayor to execute and the City Clerk to attest the same: Elderly Services($55,105);Mid-Eastern Council on Chemical k' :j Abuse($25,235);and United Action for Youth($24,660). rz E t 225 96-225 Resolution awarding the vehicle towing and storage services rr contract to Big 10 University Towing, Inc., I 226 96-226 Resolution to issue Dancing Permit... 8/6/96, b 227 96-227 Resolution to issue Cigarette Permits. C 228 96-228 Resolution authorizing the Mayor to sign and the City Clerk to. attest the release of a lien regarding a rehabilitation agree- r ment, promissory note and a mortgage for the property located a5 at 416 Second Avenue, Iowa City, Iowa. f ` 229 96-229 Resolution authorizing the Mayor to execute and the City Clerk 4 ' to attest a subordination agreement between the City of Iowa j City and University of Iowa Community Credit Union, Iowa City, Iowa for property located at 741 Dearborn Street, Iowa City, Ia. C s J / a RESOLUTIONS BOOK #116 96-230 to 96-242 a� PAGE RES. NO. TITLE DATF i 230 96-230 Resolution authorizing the Mayor to execute and the City 8/UM 3 ,.' Clerk to attest an amended subordination agreement between tr- `;, the City of Iowa City and Hills Bank and Trust Company for property located at 1202 Marcy Street, Iowa City, Iowa. ' \� 231 96-231 Resolution authorizing the Mayor to sign and the City Clerk s: ,..; to attest the lease agreement between the City of Iowa City and Davis Building Partners for the Suite, First Floor Center, Davis Building, 322 E. Washington Street, .Iowa City, Iowa. 232 96-232 Resolution accepting the work for the construction of a pro- duction well in the Jordan Aquifer at the Iowa City Water �Y . Supply and Treatment Facility Site. r, 233 96-233 Resolution accepting the work for the construction of a pump Test/Production Well, a Productian Well, and Observation Wells in the Silurian Aquifer at the Iowa City Water Supply and Treatment Facility Site. v~ 234 96-234 Resolution accepting the work for the Sanitary Sewer and Storm Sewer Public Improvements for Lots 23, 24, 33 and 34 in West Side Park. 235 96-235 Resolution authorizing the Mayor to sign and the City Clerk to attest a temporary storm sewer construction easement agree- ment between Smith -Moreland properties, the City of Iowa City, r Iowa and the Airport Commission. 236 96-236 Resolution authorizing the Mayor to sign and the City Clerk to attest a Sanitary Sewer, Storm Sewer and Drainage Easement Agreement and a Sanitary Sewer Easement Agreement for Quail Valley Condominiums in West Side Park, Iowa City, Iowa. �- 237 96-237 Resolution authorizing the Mayor to sign and the City Clerk to attest a partial release agreement concerning the storm - water management easement for Windsor Ridge Part 6. 238 96-238 Resolution authorizing the Iowa City Police Department to `} file an application for a local law enforcement block grant for the purpose of procuring equipment, technology and other materials directly related to basic law enforcement functions and to authorize the commitment of local matching funds as $f required by the grant program. 239 96-239 Resolution authorizing the Mayor to sign and the City Clerk ( to attest an agreement between Johnson County, Iowa and Iowa " Iowa City, Iowa, establishing policies for development of land k� + within the extraterritorial area of Iowa City and incorporating 1 those policies into the Iowa City Comprehensive Plan. [ 240 96-240 Resolution approving the voluntary annexation of approximately 80 acres located Southeast of Sycamore Street and North of the R art,, South Wastewater Treatment Facility. I Y T, 241 96-241 THIS NUMBER IS VOID t�242 96-242 Reblution approving, authorizing and directing the Mayor to t 1 execute and the City Clerk to attest an agreement by and between �i the City of Iowa City and Williams Pipe Line Co., a Delaware Corp regarding certain obligations involving removal and relocation of , Vj a pipeline from land owned by the City.APA` ,[�,�� 777, 77777 :: 1 RESOLUTIONS PAGE RES. NO. 243 96-243 244 96-244 245 96-245 246 96-246 247 96-247 248 96-248 249 96-249 250 96-250 251 96-251 Resolution on unclassified salaries and compensation for fiscal year 1997 for the City Attorney, City Clerk and City Manager. m Resolution in support of the Iowa River Dam Trail Connection 8/12/96''_ Project and authorization for the Mayor to sign a grant appli- cation to be submitted to the Iowa Department of Natural Resources. t a Resolution to issue dancing permit. 8/27/96 Resolution to refund cigarette permit. Resolution to issue cigarette permits.,` Resolution approving the official financial report for City } Streets and Parking for the fiscal year ending June. 30, 1996. f Resolution accepting the work for the construction of the Longfellow Area Sanitary Sewer Rehabilitation Project. 252 96-252 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an agreement for use of Public Property at 320 E. College Street for the placement of a wheelchair -accessible ramp on the College Street right-of-way. 253 96-253 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a lien regarding a rehabilitation agree- ment, a low interest promissory note, and a mortgage for the property located at 823 Third Avenue, Iowa City, Iowa. 254 96-254 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a lien regarding a promissory note a mortgage for the property located at 415 First Avenue, Iowa City, Iowa. 255 96-255 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a lien regarding a mortgage for the prop- erty located at 803 East Church Street, Iowa City, Iowa. 256 96-256 Resolution of intent to convey + fifteen (15) acres of land and lease + seven (7) acres of land adjacent to the Elks Golf and Country Club's Southwest property line and South of Foster Road within an area commonly known as the "Peninsula" to the Elks Golf and Country Club and setting a public hearing for Septem- ber 10, 1996. RESOLUTIONS PAGE RES. NO. 257 96-257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 96-258 96-259 96-260 96-261 Resolution approving comprehensive improvements assistance 9/10/96 E( program (CIAP) budget. F ii 96-262 Resolution accepting the work for the extension of Sanitary Sewer Public Improvements on Lucas Street South of Market St. 96-263 Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a Mortgage Agreement for the property located at 415 Douglass Street, Iowa City, Iowa. 96-264 Resolution rescinding Resolution Nos. 94-277 and 95-79 and in lieu thereof re-establishing the Iowa City Design Review Comm- ittee, and also approving committee by-laws. 3; 96-265 Resolution authorizing the filing of an application with the Iowa Department of Transportation for Iowa Clean Air Attainment Program Funds. 96-266 Resolution amending the budgeted positions in the Cable TV Division and the AFSCME pay plan by adding the position of Community Programmer. 96-267 Resolution authorizing and directing the City Manager to ex- 9/24/9E' ecute and file an application with the United States Depart- ment of Transportation for a grant under 49 U.S.C. 5307, to be used for transit operating and capital assistance funding. 96-268 Resolution authorizing the Mayor to execute and the City Clerk to attest a subordination agreement between the City of Iowa and First National Bank, Iowa City, Iowa for property located, at 723 Oakland Avenue, Iowa City, Iowa. 96-269 Resolution accepting the work for the Highway 1/Gilbert Street Intersection Improvement Project. 96-270 Resolution approving and authorizing execution of an agreement with Main Street Partners, an Iowa Partnership, for temporary use of public right -of -way for portions of College and Gilbert Streets in Iowa City, Iowa.;, 96-271 Resolution approving the Public Housing Management Assessment. Program (PHMAP) Certification of the Iowa City Housing Authority r' for FY96. X�{ 0. - i `i RESOLUTIONS BOOK # 116 96•-272 to 96-284 �II� PAGE RES. NO. TITLE DATE ' 272 96-272 Resolution authorizing the Mayor to sign and the City er 9%2T/9E to attest a partial release agreement concerning the Public t I: Walkways for Village Green South, Part 4A, Iowa City, Iowa. }i a 273 96-273 Resolution approving the extraterritorial Final Plat of Wood- land Ridge, Part 1, Johnson County, Iowa. 274 96-274 Resolution adopting the City of Iowa City consolidated plan (AKA City Steps) Annual Performance Report for fiscal year 1996, and authorizing the City Manager to submit said report to the U.S. Department of Housing and Urban Development. 275 96-275 Resolution authorizing conveyance of a four foot wide tract of land from the Northerly Portion of Shamrock Place Apartments, i 3501-3560 Shamrock Place, Iowa City, Iowa, to the Court Hill Owners Association. 4 276 96-276 Resolution authorizing the Airport Commission to proceed with development of plans, specs., and form of contract to construct ' additional hangar space at the Iowa City Municipal Airport. '. 277 96-277 Resolution amending the Budgeted Positions in the Traffic Engin- J: eering, Streets, and Engineering Divisions of the Public Works Department and the JCCOG Transportation Planning Division of the Planning and Community Development Department. 278 96-278 Resolution approving a Chapter 28E Agreement between the City of t Coralville, the City of Iowa City, and Johnson County regarding preservation of the corridor for the extension of Highway 965 i` between Highway 6 and Highway 1. 279 96-279 Resolution amending "Economic Development Policies, Strategies, a and actions for the City of Iowa City" by adding Industries/ Technologies Opportunity List and Financial Assistance Eligi- bility Guidelines. ; 280 96-280 Resolution authorizing the Mayor to sign and the City Clerk to attest an agreement between the .City of Iowa City, Ia, the City i of Coralville, Ia, and Public Access Television, Inc. for funding } 1' operation and management of the local public access function. { 281 96-281 Resolution authorizing the Mayor to sign and the City Clerk 10/8/96; Z` to attest the release of a lien regarding a mortgage for the property located at 803 East Church Street, Iowa City, Iowa. ;. 4Ft 282 96-282 Resolutionauthorizing comprehensive improvements assistance + program (CIAP)Amendment #17 'to the Consolidated Annual Contri- `K butions Contract KC -9166. +' 283 96-283 Resolution accepting the work for the Sanitary Sewer, Storm Sewer, Tile Lines, Water Main and Paving Public Improvements for East Hill Subdivision, dna declaring the Public Improvements.' open for public access and use. 284 96-284 Resolution approving final plat of Galway Hills, Part 3, a 21.29 Acre, 53 -Lot residential Subdivision located South ' of Galway Drive and East of Highway 218, Iowa City, Iowa, PAGE RES. NO. 285 96-285 286 96-286 287 96-287 288 96-288 289 96-289 290 96-290 291 96-291 292 96-292 293 96-293 294 96-294 295 96-295 296 96-296 297 96-297 298 96-298 299' 96-299 300 96-300 BOOK # 116 96-285 to 96-300 TITLE DATEa Resolution approving Final Plat of Hunters Run, Part 8, 10/8/96 t'I Iowa City, Iowa. r� Resolution rescinding the preliminary plat of Saddlebrook Addition and Final Plat of Saddlebrook Addition, Part 1, Iowa City, Iowa. Resolution approving Preliminary Plat of Saddlevrook Addition and Final Plat of Saddlebrook Addition, Part 1, Iowa City, Iowa. Resolution amending the budgeted positions in the Iowa City Public Library. Resolution confirming TCI Cablevision's Pquested rate increase and establishing TCI Cablevision's "Maximum permitted Rate" for basic cable service. Resolution to issue Dancing Permit. 10/22/96 Resolution authorizing application for an economic development and supportive services (EDSS) grant. Resolution authorizing execution of Consolidated Annual Contributions Contract, Rental Certificate and Rental Voucher Program. Project Nos. IA022CE0022, IA022CE0023, and IA022CE0024. Resolution accepting the work for the Sanitary Sewer, Storm Sewer, Water Main and Paving Public Improvements for Windsor >- Ridge -Part 7, and declaring the public improvements open for public access and use. 5 Resolution authorizing the Mayor to sign and the City Clerk' to attest the release of a lien regarding a rehabilitation agreement, a low interst promissory note and a mortgage for '? the property located at 907 East Davenport Street, Iowa City,4. Iowa. Resolution authorizing the Mayor to sign and the City Clerk to attest a Storm Sewer Easement AGreement for Lots 22, 23, 34, and 35 of West Side Park Addition, Iowa City, Iowa. Resolution authorizing the Mayor to sign and the City Clerk to attest the release of a public walkway-firelane easement ; located on Lot 79, Walden Wood Part 7, an addition to the City of Iowa City, Iowa. Resolution approving the voluntary annexation of "approxi- mately 7.12 acres located West of Dubuque Street and South of the Iowa River. :>x :r Resolution approving the extraterritorial Preliminary Plat �9 , of Meadow View Subdivision, Johnson County, Iowa. Resolution approving final plat of Meadow Ridge, Part 2, I.C., IA. Resolution authorizing the acquisition of right-of-way, ` permanent easements and temporary construction easements for the construction of the First Avenue Improvements Project, >E Bradford Drive to Muscatine Avenue.�i> f 3 i t= - ` r ♦• _..,y3'. _' , ,a. �..... .. _,. i A., .._ .. ... . ......:..... ..0 ,iwd w I . _ is .. { RESOLUTIONS BOOK 1116 96-316 to 96-330 PAGE RES. NO. TITLE DATE 316 96-316 Resolution ratifying the settlement of pending litigation. 11/1996 317 96-317 Resolution authorizing the Historic Preservation Commission 12/3/96 to file an application for ' a certified local government(CLG) grant to obtain funds for the purpose of conducting a professional survey and evaluation of Historic resources within a portion of the Longfellow Neighborhood. 318 96-318 Resolution accepting the work for the construction of the Iowa River Corridor Trail Project, Iowa Memorial Union Bridge to Iowa Avenue. r. 319 96-319 Resolution accepting the work for the construction of the Abbey Lane Sanitary Sewer Project. 320 96-320 Resolution authorizing the adoption of the revised voucher payment standards for the Iowa City Housing Authority Voucher program. 321 96-321 Resolution approving the design of exterior alterations to Suite 160, Old Capitol Mall, 201 S. Clinton Street. 322 96-322 Resolution authorizing the execution of an easement agreement for temporary use of public right-of-way between the City of Iowa City and Heitman Properties, Ltd., Manager of Old Capitol Center. 323 96-323 Resolution authorizing the execution of an agreement between the City of Iowa City and the University of Iowa for temporary use of right-of-way for chilled water system.. 324 96-324 Resolution setting a public hearing on plans, specs., form 12/17)96 of contract, and estimate of cost for construction of the Iowa City Parking Ramps Facility Upgrade Capitol and Dubuque Street Ramps Project, directing City clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. 325 96-325 Resolution to issue Dancing Permit. 326 96-326 Resolution authorizing execution of consolidated annual contri- butions Contract, Rental Certificate and Rental Voucher Program. ; (.; Project No. IA022CE0025 327 96-327 Resolution authorizing the adoption of the allowances for Tenant -Furnished Utilities and other services for the Iowa City Housing Authority Programs. 328 96-328 Resolution authorizing the Mayor to execute and the City Clerk to attest a subordination agreement between the City of Iowa City and Iowa State Bank & Trust Company, Iowa City, Iowa for property Y located at 1918 Hollywood Blvd. Iowa City, Iowa. � 329 96-329 Resolution accepting the work for the 1996 Maintenance and Repair Project - Capitol Street Parking Ramp. 330 96-330 Resolution accepting the work for the construction of the f#l; 1996 Sanitary and Storm Sewer Project. w_ � i 0 RES. N0. TITLE DAT[ 96-331 Resolution approving, and authorizing and directing the Mayor 12T1 to execute and the City Clerk to attest, a license agreement for the temporary.use of public property at 928-930 Iowa Ave. for the accommodation of a front porch overhang and encroachment on the Iowa Ave. right-of-way. 96-332 Resolution authorizing execution of an agreement for the Iowa Highway 1 and US Highway 6 Curb Ramp construction program with the Iowa Dept. of Transportation. !� 'j RESOLUTIONS PAGE 331 332 ;j r r t 4 :7 �i i Y i 4 0 RES. N0. TITLE DAT[ 96-331 Resolution approving, and authorizing and directing the Mayor 12T1 to execute and the City Clerk to attest, a license agreement for the temporary.use of public property at 928-930 Iowa Ave. for the accommodation of a front porch overhang and encroachment on the Iowa Ave. right-of-way. 96-332 Resolution authorizing execution of an agreement for the Iowa Highway 1 and US Highway 6 Curb Ramp construction program with the Iowa Dept. of Transportation. 3� !I RESOLUTION NO.6_2205 RESOLUTION OF INTENT TO CONVEY A FOUR FOOT WIDE TRACT OF L AND (AT LEAST 1500 SQUARE FEET) FROM THE NORTHERLY PORTION OF SHAMROCK PLACE APARTMENTS, 3501-3560 SHAMROCK PLACE, IOWA CITY, IOWA, TO THE COURT HILL OWNERS ASSOCIATION WHEREAS, the City Council has considered a proposal from the Court Hill Owners Association to purchase a four foot wide tract of land (at least 1500 square feet) from the northern '( portion of Shamrock Place Apartments; and -" WHEREAS, the Court Hill Owners Association owns the tract of land directly adjacent to the northerly portion of Shamrock Place Apartments; and WHEREAS, the Court Hill Owners Association must acquire an additional 1500 square feet of land adjacent to their current tract to comply with applicable zoning regulations for the number of dwelling units on their tract of land; and 3, WHEREAS, the Court Hill Owners Association has offered to purchase the four foot wide tract of land from the northerly portion of Shamrock Place Apartments for $2,600.00, with the Public Housing Authority retaining a recreational/access easement. E NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, j IOWA, that: s i 1. The City Council does hereby declare its intent to convey its interest in the following j described property to the Court Hill Owners Association for the sum of $2,600, with the City retaining a recreational/access easement for the use of said tract of land as a play area for the tenants and guests of the Shamrock Place Apartments: A four foot wide tract of land (at least 1500 square feet) from the northerly portion of the tract of land commencing at the Northwest Corner of Section 18, Township 79 North, Range 5 West of the 5th i trc Principal Meridian; Thence S 00043'39" E, along the West line of the Northwest Quarter of said Section 18, 35.00 feet; thence N a 88030'13"E, 5.00 feet; thence S 89028'11" E, 445.11 feet; thence S I( 00043'39" E, 280.07 feet; thence N 89°28'11" W, 445.11 feet; I C1 t thence N 00°43'39" W, 280.07 feet to the point of the beginning, also I ( f known as 3501-3560 Shamrock Place. i � �2. A public hearing on said proposal should be and is hereby set for August 6, 1996,at I 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Stree , Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice o public hearing to be published as provided by law. F9 Resolution No. Q6_205 Fq Page a R Passeci and approved this 16th day of July 1 1996. A -9-l"% 1 MAYOR ATTE_—ST: Approved by: 7— CIT rULERK City Attorney's Office 205 0, It was moved by Norton and seconded by Kubby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _Y Baker x Kubby x Lehman x Norton x Novick x Thornberry x Vanderhoef RESOLUTION NO. 96-206 RESOLUTION TO ISSUE DANCING PERMIT 3E IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as )rovided by law is hereby granted to the following named person and at the following lescribed locations upon his filing an application, having endorsed thereon the certificates of he proper city officials as to having complied with all regulations and ordinances, and having i valid beer, liquor, or wine license/permit, to wit: Soho's 1210 Highland Court 6:20 620 S. Madison Street Maxie's 1920 Keokuk Street t was moved by Nortnn and seconded by KiihhW that the Resolution is read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _X Baker —X— Kubby X_ Lehman X Norton X Novick - X Thornberry —x— Vanderhoef 'assed and approved this _16TH day of ATTEST: 17tzic m.) CIT CLERK \danceprm.res MA OR Approved by t� �Gity Attorney's Office 1>0 Z�7 Prepared by: Liz Osborne, Program Assistant, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 96-207 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TWO SUBORDINATION AGREEMENTS BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION FOR PROPERTY LOCATED AT 109 SOUTH JOHNSON STREET, IOWA CITY, ' ! IOWA. WHEREAS, the City of Iowa City is the owner and holder of certain Promissory Notes and Mortgages executed by the owner of 109 South Johnson Street on July 23, 1993 and October 4, 1994 and recorded in Book 1596, Pages 284 through 295 and Book 1837 Pages 167 through 173 in the Johnson County Recorder's Office covering the following described real estate: The South Eighty-five (85) feet of Lot One (1) of Block Forty-one (41) of Iowa City, Iowa, as shown by the recorded plat thereof. WHEREAS, the City's lien totals $6311.00; and WHEREAS, on June 13, 1996, the University of Iowa Community Credit Union, Iowa City, Iowa loaned the sum of $50,000 to the owner of 109 South Johnson Street and the loan was secured by a mortgage covering the real estate described above; and WHEREAS, the University of Iowa Community Credit Union was induced to make said loan in anticipation of an agreement by the City to subordinate its liens to the Credit Union's liens; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the City's liens to the lien of said attached subordination agreements thereby making the subordinate mortgage to University of Iowa Community Credit Union; and l WHEREAS, there is sufficient value in the above described real estate to secure the City's liens as a second lien. Z�7 It was moved by Norton and seconded by Kubby the Resolution be adopted, and upon roll ce|U there were: - AYES: NAYS: ABSENT: ______ _______Bmhmr ______Kubby XLehman----- ----- ------Norton _x__ x Novick ___ ___ ___' �_' Thornberry �_ -___ ___- Vandorhoef ____ ____ ' ' 261 WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the rehabilitation loan held by the City be subordinated to the lien of, the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted rehabilitation loan held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the rehabilitation loan of the City. 267 1 C/i SUBORDINATION AGREEMENT . THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and the UNIVERSITY OF IOWA COMMUNITY CREDIT of TnWWA CITv, TnwA herein the Financial Institution. UNIU9 WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $ ri.,74n_nn— and was executed by PAMELA S. MTCHAUD, SINGLE (herein the Owner), dated JULY 23, 1993recorded AUGUST 9 19 93 , in Book 1596. Page 291 * Johnson County Recorder's Office, covering the following -described real property: -/ still SOUTH 85 FEET OF LOT/IN BLOCK 41 IN IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF. *As evidenced by a promissory note also dated July 23, 1993, recorded on August 9, 1993, In Book 1596, Page 288, Johnson County Recorder's Office WHEREAS, the Financial Institution proposes to loan the sum of $ 50,000.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering th® real property described above; and r WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the rehabilitation loan held by the City be subordinated to the lien of, the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted rehabilitation loan held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the rehabilitation loan of the City. 267 1 C/i SUBORDINATION AGREEMENT . THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and the UNIVERSITY OF IOWA COMMUNITY CREDIT of TnWWA CITv, TnwA herein the Financial Institution. UNIU9 WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $ ri.,74n_nn— and was executed by PAMELA S. MTCHAUD, SINGLE (herein the Owner), dated JULY 23, 1993recorded AUGUST 9 19 93 , in Book 1596. Page 291 * Johnson County Recorder's Office, covering the following -described real property: -/ still SOUTH 85 FEET OF LOT/IN BLOCK 41 IN IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF. *As evidenced by a promissory note also dated July 23, 1993, recorded on August 9, 1993, In Book 1596, Page 288, Johnson County Recorder's Office WHEREAS, the Financial Institution proposes to loan the sum of $ 50,000.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering th® real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the rehabilitation loan held by the City be subordinated to the lien of, the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted rehabilitation loan held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the rehabilitation loan of the City. 267 1 C/i SUBORDINATION AGREEMENT Page 2 4. Funding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 3rd day of July , i9 96 CITY OF IOWA CITY FINANCIAL INSTITUTION Attest: �i�,tt�,� si • yG¢,� City Clerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) � fes, lSTyic.S PPtSa afs.��" ,I --S-a dra Dee z First Vice President BY. FOUVtaln ssis an i He City Attorney's Office On this & 4-L _ day of ,�Lu .1991, before me, the undersigned, a Notary Public in and for the State of lowd, personally appeared Nc�,-„ t and Marian K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the sedl affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in -(Ordiwaaw) (Resolution) No. % – Zo7 passed (the Resolution adopted) by the City Council, under, Roll .Call No. of the City Council on the ii day of — J !=u , 19_2L_., and that—A) mor, ; J &, av , and Marian K. Karr ack wledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. 5 ,�_ Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 3rd day of July A.D. 19 96 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Sandra Deetz and Larry Fountain to me personally known, who 201 W SUBORDINATION AGREEMENT Page 3 being by me duly sworn, did say that they are the yj rqt Vi..o R—si dent and Assistant Vice Pres i dent, respectively, of said corporation executing the within and foregoing Instrument to which this Is attached, that said Instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the salclFirst vice President and Assistant Vice Pre s i d ends such officers acknowledged 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 bf Iowa ex'q. -71101-9P nVngNsubrdntnAgm NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, j1 the parties agree as follows: +, 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted rehabilitation loan held by the City is and shall continue to be subject and j t subordinate to the lien of the mortgage about to be made by the Financial Institution. f 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act ' ,.. of subordination herein. II. SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and the UNIVERSITY OF IOWA COMMUNITY CREDIT Of rnwa rrmv, TnwA herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is j in the amount of $ Sri _ nn and was executed by PAMF.T.A S _ MT iiA TD. STNaLE (herein the Owner), dated OCTOBER 4 1994_, recorded _ NOVEMBER 18 1994 in Book 1837. Page 167. Johnson County Recorder's Office, covering the following -described real property: I THE SOUTH EIGHTY-FIVE (85) FEET OF LOT ONE (1) OF BLOCK FORTY-ONE (41) OF IOWA CITY, IOWA AS SHOWN BY j THE RECORDED PLAT THEREOF. j { 1 l I; WHEREAS, the Financial Institution proposes to loan the sum of $ 50.000.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering th® real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the t rehabilitation loan held by the City be subordinated to the lien of the mortgage proposed to be �< made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, j1 the parties agree as follows: +, 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted rehabilitation loan held by the City is and shall continue to be subject and j t subordinate to the lien of the mortgage about to be made by the Financial Institution. f 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act ' ,.. of subordination herein. %N ..tu.n. _,: )_.-I:_-.1..�................ ......, ....i.�..s..-.._.-.._.._W..,}xs.v..Liv:.._✓...+-u.-v..............+:L_.,.,.w.__..__._., ...._ ....... t,_...,.�......s.. e....... ...., .au .. i- .. •...., .. ... ...c.. 0.. ,f J I. SUBORDINATION AGREEMENT Page 2 r: 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the ?; j: respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 3rd day of Juiv 19 96 Y / CITY OF IOWA CITY FINANCIAL INSTITUTION F i By B _ ;T Mayor Nsnara VeeEz rir-sE viceYesiden l I; By i Attest: Lary n a ssis an ice resident City CTerk City Attorney's Office CITY'S ACKNOWLEDGEMENT STATE OF IOWA SS: JOHNSON COUNTY ) 1 On this 14 day of 1991, before me, the undersigned, a Notary Public in and for the State of low .Personally appearedA-and Marian K. Karr, to me personally known, and, who, being by me duly swom, did say that they are Mayor the and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed toe foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in XWdfwVpce) (Resolution) No. 91(o - 2d7 passed (the Resolution adopted) by the City Council, under Roll Cal! No. of the City Council on the day of Ju L, 19 -Y-G • and that 63C-1--„,,: and Marian K. Karr ac nowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa E } u STATE OF IOWA ) j ) SS: " I� 7 JOHNSON COUNTY ) On this 3rdday of Ju1v A.D. 19 96 before me, the ' p undersigned, a Notary Public in and for the State of Iowa, personally appeared Sandra Deetz and Larry Fountain ' x' , to me personally known, who � t F to I - - E ®• r - L SUBORDINATION AGREEMENT Page 3 being by me duly sworn, did say that they are the ri?-.tyir,e praaj r9an+- and Assistant vice President . respectively, of said corporation executing the within and foregoing instrument to which this Is attached, that said instrument was signed and sealed on behalf of said corporation by authority of Its Board of Directors; and that the saidFirst vice President and Assistant vice Presiders such officers acknowledged the execution of said Instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. �oDNty A .rcN«_rz Notary Public in and for the St to of Iowa nVng\subrdntn.epm 2 o � i s i, Prepared by: Sarah E. Holecek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 96-9t1R RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORMWATER MANAGEMENT EASEMENT AGREEMENT BETWEEN WEST SIDE PARK AND PARK WEST SUBDIVISION CONCERNING STORMWATER f6.1! MANAGEMENT OBLIGATIONS FOR PARK WEST SUBDIVISION, PART ONE, IOWA CITY, IOWA, AND A DRAINAGE FACILITY EASEMENT AGREEMENT BETWEEN WEST SIDE PARK AND THE CITY OF IOWA CITY FOR THE INSTALLATION AND MAINTENANCE OF A DRAINAGE STRUCTURE TO FACILITATE THE USE OF THE WEST SIDE PARK STORMWATER MANAGEMENT FACILITY BY TY -N -CAE 1 SUBDIVISION. WHEREAS, on July 2, 1996, the City Council approved an Amended Escrow Agreement I between the City and West Side Park Subdivision which required the Developers of West Side Park to grant those easements necessary to facilitate the use of the existing Stormwater Detention Basin within West Side Park by Park West Subdivision and by a portion of Ty-N-Cae v Subdivision; and j WHEREAS, it is in the public interest to preserve valuable parkland in the area and to allow the existing stormwater detention facilities in the area to be used by surrounding developments for J : purposes of stormwater management; and WHEREAS, the attached Stormwater Detention Facility Easement Agreements permit the Developers of Park West Subdivision and Ty-N-Cae Subdivision to utilize the existing stormwater management basin within West Side Park Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: �. 1. It is in the public interest to execute the attached- Stormwater Detention Facility ', Easement Agreements to permit the Developers of Park West Subdivision and Ty -N- Cae Subdivision to utilize the existing stormwater management basin within West Side Park Subdivision. ! 2. The Mayor is hereby authorized to execute and the Cit Clerk to attest the attached Y Y Y Stormwater Detention Facility Easement Agreements. 3. The City Clerk is authorized to certify and record a copy of this Resolution, along with f the attached Stormwater Detention Facility Easement Agreements, in the Office of the Johnson County Recorder at the expense of Smith -Moreland Properties. ,7 ATTEST: Cl CLERK 137 �'acE 124 208, STORMWATER DETENTION FACILITY EASEMENT AGREEMENT THIS AGREEMENT is made by and between Park West Subdivision, Inc., an Iowa Corporation (hereinafter referred to as "Park West"); Smith -Moreland Properties, an Iowa General Partnership (hereinafter referred to as "S -M"); and the City of Iowa City, Iowa, a Municipal Corporation (hereinafter referred to as "the City") . IT IS HEREBY AGREED AS FOLLOWS: For the sum of one dollar and other valuable consideration, receipt of which is hereby acknowledged, S -M hereby grants and conveys to Park West an easement for the purpose of using and op- erating.exist:ing stormwater control facilities and storage areas otherwise known as a "Storm Water and Management Basin" over and across the areas designated as "Stormwater Detention Basin Ease- ment" on the following -described real estate located in Johnson County, Iowa: Lots 12, 13 and 14 of West Side Park Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 24, at Page 45, of the Records of the Johnson County Recorderls office. S -M further grants Park West the right to use and operate said easement areas for stormwater management only, and for no other purpose. Neither S -M nor Park West shall erect or construct any building, fence or other structures in said easement area, plant any trees, drill or operate any well on said easement area; or construct any obstructions on said easement area. S -M and its successors and interests and assigns shall main- tain the easement areas from weeds and debris. S -M agrees that it shall not fill or permit the Stormwater Control Facilities to be filled in,. and furthermore, S -M and its successors and inter- ests and assigns agrees to maintain its land so as to minimize erosion in and around said easement areas. S -H covenants with Park West and City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. It is further agreed that S -M, and its successors and inter- ests and assigns, shall maintain the existing facilities and easement areas in such condition as to facilitate the proper functioning of said facilities. The maintenance shall include maintaining and mowing the groundcover over the areas adjacent to the basin and keeping the basin and conduits free of debris. The City shall have no obligation for maintenance of the facilities 137 dAGE i25 rT l 2 or the easement areas. However, the City shall have the right, but not the obligation to enforce the terms of this agreement and to perform emergency maintenance upon the facilities at S -M's cost without notice. in consideration of this agreement, pursuant to the Amended Escrow Agreement between Park West Subdivision Inc. and the City of Iowa City, Iowa, concerning storm water management obligations for Park West Subdivision Parts I-IV, the City agrees to return to Park West $60,000.00 of the previously placed Escrow and that the remaining Escrow shall be retained by the City to cover the costs of improvement to the existing West Side Park Stormwater Detention Facility necessitated by the use of said facility by Park West, as set forth hereinabove. This Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. DATED this 16th day of July , 1996. CITY OF IOWA CITY, IOWA � 'By: GORPoRAM N . aoiti J No ick, Mayor Attest: By: /i(zr��J 9� • TL� Maw n K. Karr, City Clerk PARK ST SUBD VIIO�N,11N�IC. By: e Kroeger, President & Secretary SMITH-MORELAND PROPERTIES, n I wa General Partnership By: Z �/l�) • K LYI X/�tw�BC ' J n W. Moreland, Jr. General Partner By: Sa dra J. goreland General Partner WAGE US 2OF STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /I,A day of JL,,,i 1996, before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Naomi J. Novick 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 foregoing instrument; that the seal af- fixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corpo- ration; and that Naomi J. Novick and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA SS: JOHNSON COUNTY ) On this �0 day of , 1996, before.me, the undersigned, a Notary.Pub 11 in a d for the State of Iowa, per- sonally appeared Gene Kroeg r, to me personally known, who being by me duly sworn did say that he is the president and secretary of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said in- strument was signed on behalf of the corporation by authority of its Board of Directors; and that Gene Kroeger as officer acknowl- edged the execution of -the foregoing instrument to be the volun- tary act and deed of the corporation it and by him voluntar- ily executed. t ry Public in a for the State of Iowa _13% ?AGE 127 '?61F STATE OF IOWA ss: JOHNSON COUNTY ) On this day of , 1996, before me, the un- dersigned, a Notary Public in and or the state, personally ap- peared John W. Moreland, Jr. and tMndra J. Moreland, to me per- sonally known, who being by me duly sworn, did say that the per- sons are the partners of Smith -Moreland Properties, an Iowa Gen- eral Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partners acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partners volun- tarily executed. :z MICHAEL W. KENNEDY r� MY COMMISSION EXPIRES Notary ublic in and or the March 1, 1998 State of Io /a q:lmk\mk4WaO385.rst It is further agreed that S -M, and its successors and inter- ests and assigns, shall maintain the existing facilities and easement areas in such condition as to facilitate the proper functioning of said facilities. The maintenance shall include maintaining and mowing the groundcover over the areas adjacent to the basin and keeping the basin and conduits free of debris. The City shall have no obligation for maintenance of the facilities or the easement areas. However, the City shall have the right, 1 1;213! ?AGE a Z9 Y STORMWATER DETENTION FACILITY EASEMENT AGREEMENT THIS AGREEMENT is made by and between Smith -Moreland Properties, an Iowa General Partnership (hereinafter referred to as "S -M"); and the City of Iowa City, Iowa, a Municipal i i Corporation (hereinafter referred to as "the City"). i' IT IS HEREBY AGREED AS FOLLOWS: j { 1 For the sum of one dollar and other valuable consideration, i receipt of which is hereby acknowledged, S -M hereby grants and j conveys to the City an easement for the purpose of using and op- erating existing stormwater control facilities and storage areas otherwise known as a "Storm Water and Management Basin" over and across the areas designated as "Stormwater Detention Basin Ease- 'a ment" on the following -described real estate located in Johnson County, Iowa: Lots 12, 13 and 14 of West Side Park Addition, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 24, at Page 45, of the Records of the i Johnson County Recorderls Office. { S -M further grants to the City the right to use and operate said easement areas for stormwater management only, and for no 3 1 other purpose. Neither S -M nor the City shall erect or construct any build- ing, fence or other structures in said easement area, plant any trees, drill or operate any well on said easement area; or con- struct any obstructions on said easement area. �# S -M and its successors and interests and assigns shall main- tain the easement areas from weeds and debris. S -M agrees that it shall not fill or permit the Stormwater Control Facilities to be filled in, and furthermore, S -M and its successors and inter- ests and assigns agrees to maintain its land so as to minimize erosion in and around said easement areas. S -M covenants with the City that it is lawfully seized and ' possessed of the real estate described above, and that it has 0 good and lawful right to convey it or any part thereof. It is further agreed that S -M, and its successors and inter- ests and assigns, shall maintain the existing facilities and easement areas in such condition as to facilitate the proper functioning of said facilities. The maintenance shall include maintaining and mowing the groundcover over the areas adjacent to the basin and keeping the basin and conduits free of debris. The City shall have no obligation for maintenance of the facilities or the easement areas. However, the City shall have the right, 1 1;213! ?AGE a Z9 2 but not the obligation to enforce the terms of this agreement and to perform emergency maintenance upon the facilities at S -M's cost without notice. This Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. V1 DATED this day of A(%c?A-C, _, 1996. �-'ORRA-iE SEAL ".; CITY OF IOWA CITY, IOWA By: Na mi J Novick, Mayor Attest: By: 9C 7 Marian K. Karr, City Clerk Ap WBy SMITH-MOREIAND PROPERTIES, Ci AttOan Iowa Gine al Pa the sh'p By: J hn W. Moreland, Jr. 1 G Fie 1 Partner Sandra J. M eland General Partner STATE OF IOWA ) G a ) SS: { JOHNSON COUNTY On this 7r� day of �� cO f 1996, before me, the undersigned, a Notary Public iN and for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally }mown, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal af- fixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal 3 corporation by authority of City council of said municipal corpo- ration; and that Naomi J. Novick and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. / i Notary Public in and for the State of Iowa ter/ rSEALt STATE OF IOWA ss: JOHNSON COUNTY ) - On this .__I� day of I r'� , 1996, before me, the un- _� dersigned, a Notary Public in and for the state, personally ap- peared John W. Moreland, Tr. and Sandra J. Moreland, to me per- sonally known, who being by me duly sworn, did say that the per- sons are the partners of Smith -Moreland Properties, an Iowa Gen- eral Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partners acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partners volun- tarily executed. susa�nss°or�o:cCR+ 1 `JL C.E�C Z N tary Public in and for the State of Iowa gAnMnkM37a0536.nA ;a yL .3 f t r� �137 i'AGE 13�. 7 208 JJ J Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 319-356-5143 RESOLUTION NO. 96-209 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A PORTION OF A STORMWATER DRAINAGE EASEMENT LOCATED ON LOT 56 OF PARK VIEW TERRACE SUBDIVISION, IOWA CITY, IOWA WHEREAS, the City of Iowa City currently possesses an eight foot (8') stormwater drainage easement on Lot 56 of Park View Terrace Subdivision, Iowa City, Iowa; and WHEREAS, the east three-foot (3') of the easement is not in use, and plans for further development of the lot by the property owner call for a structure to be placed over the easement; and WHEREAS, release of the east three-foot (3') of the easement will enable the property owners to fully utilize the area encumbered by this section of the easement, with no adverse impact on the City's interests; and WHEREAS, Public Works has recommended release of the east three-foot (3') of the easement; and WHEREAS, it is in the public interest for title purposes to formally release the east three-foot (3') of the drainage easement on the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds it is in the public interest to release the east three-foot (3) of the stormwater drainage easement on Lot 56 of Park View Terrace Subdivision, Iowa City, Iowa. To this end, the City of Iowa City does hereby abandon, release and relinquish all right, title and interest in the east three-foot (3') of the stormwater drainage easement. 2. The Mayor is hereby authorized to sign, and the City Clerk to attest, a release of three-foot (3') of said easement, which release is attached hereto. 3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the attached release, said recording costs to be paid by the owner of Lot 56, Park View Terrace Subdivision. Passed and approved this 16th day of July , 1996. &real MAYOR Approved by ATTEST: CI LERK 6itAttorney's Office p pweng%parkvfew.res /-2 _ 26 h ' 0 Resolution No. 96-209 Page 2 It I It was moved by Norton and seconded by Kubby the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x— Baker X Kubby X Lehman Norton _x_ Novick x_ Thornberry x— Vanderhoef ?-6 Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 319-356-5143 RELEASE OF STORMWATER DRAINAGE EASEMENT The City of Iowa City, Iowa, does hereby release the east three-foot (3') of the existing eight - foot (8') stormwater drainage easement located on Lot 56, Park View Terrace Subdivision, Iowa City, Iowa, as more particularly described in the plat of survey marked Exhibit A which is attached hereto and incorporated by reference herein. The City retains the west five-foot (5') stormwater drainage easement of the existing eight -foot (8') easement and all other easements shown on the final plat of Park View Terrace Subdivi- sion, Iowa City, Iowa not released by this document. CITY OF IOWA CITY, IOWA BY:�— Naomi(X No ick, Mayor Attest: 2?o2� Marian K. Karr, City Clerk STATE OF IOWA SS: JOHNSON COUNTY ) On this (— day of Idaq, 1996 before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the 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 City council of said municipal corporation; and that the Naomi J. Novick and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. MANOR DRIVE HO Oan Ouse... DeF �o 82.15(8) 62.10•(M, �� N87,6' 1�E Sfi DRNNAOE EASELENi VACAIXMIo The Easl 3 feel of the West 8 feel of Lot 56, Park V- Tarte. to Iowa City. Iowa, In accordance with the retarded I j L�! s o, W . Commencing at the Southwest Comer of Lot 56. Park View £ Terrace Subdivision. to Iowa City, to In accordance with the d - 1� /� LOT Line of sold Lot 56, a distance of 5.00 feel• to the Point of t�JLOI PARK NEW SUPERVIS OWA SURVEYOR UNDER THE LAWS OF THE STATE Beginning; Than. N0112'OO E. 186.76 feet, to a point . the North Line of sold lot 56; Thence N87'46'31'E, along line IJ RETAIN 5' EASEMENT J WEST 5' OF LOT 56 l/r 11 PONT OF DEONNMa EXHIBIT "A" D z blUFie—� GRWIC SCALE 5 il HO Oan Ouse... DeF �o 4GLEND• DRNNAOE EASELENi VACAIXMIo The Easl 3 feel of the West 8 feel of Lot 56, Park V- Tarte. to Iowa City. Iowa, In accordance with the retarded I j L�! plat thereof. mare part.I.rly described as follows W . Commencing at the Southwest Comer of Lot 56. Park View £ Terrace Subdivision. to Iowa City, to In accordance with the d - l 1 _t /� LOT Line of sold Lot 56, a distance of 5.00 feel• to the Point of t�JLOI PARK NEW SUPERVIS OWA SURVEYOR UNDER THE LAWS OF THE STATE Beginning; Than. N0112'OO E. 186.76 feet, to a point . the North Line of sold lot 56; Thence N87'46'31'E, along line t � North Line of mid Lot 56. 3.01 feet, to the Northeast Corner D , of theexisting 8.0 foot wide Drainage Easement; Thence V- SO112'00'Walong the East Une of sold Drainage Easement, NOTARY PUBLIC, IN AND FOR THE STATE OF IOWA , 186.94 feel, to a point on the South Line of said Lot 56; t I ^, j - miss meex, raxa c+r1 [iw. nE'o a.°nw m[nas. EXISTING HO Oan Ouse... DeF �o 4GLEND• DRNNAOE EASELENi VACAIXMIo The Easl 3 feel of the West 8 feel of Lot 56, Park V- Tarte. to Iowa City. Iowa, In accordance with the retarded I j L�! plat thereof. mare part.I.rly described as follows W . Commencing at the Southwest Comer of Lot 56. Park View £ Terrace Subdivision. to Iowa City, to In accordance with the d - recorded plot thereof, Thence SSB'48.00'E, along the South /� LOT Line of sold Lot 56, a distance of 5.00 feel• to the Point of t�JLOI PARK NEW SUPERVIS OWA SURVEYOR UNDER THE LAWS OF THE STATE Beginning; Than. N0112'OO E. 186.76 feet, to a point . the North Line of sold lot 56; Thence N87'46'31'E, along line .19 -leDA Ien 0. Messner LS. 8: P.E Reg. No. 8165 North Line of mid Lot 56. 3.01 feet, to the Northeast Corner D i of theexisting 8.0 foot wide Drainage Easement; Thence V- SO112'00'Walong the East Une of sold Drainage Easement, NOTARY PUBLIC, IN AND FOR THE STATE OF IOWA N 186.94 feel, to a point on the South Line of said Lot 56; n^ LEGEND AND NOTES ^, j - miss meex, raxa c+r1 [iw. nE'o a.°nw m[nas. Thence N8848.00'W, along said South Line 300 f.l, to the Checked r • - vwo�v'aS[.ry roar° o - r[mury mn[a s[r ar 1.D„ °w .F u aws Point of Beginning. Sold tract of land contains 561 Square - ry v: r [nos . ffYCOWISSION EJfPIRES Feel, more or less, and is subject to easements and rmblalbns of record DECQIBER Q igg7 _ EXISTING HO Oan Ouse... DeF �o 4GLEND• DRNNAOE EASELENi VACAIXMIo MEISNER : o EAST 3' aF THE wEST S OF IAT bet' { 6165 e lD QSheet o EASEMENT VACATION I HEREBY CET THAT THIS PLAT, MAP. SURVEY /� LOT WASRTIFY UNDER MY DIRE REPLOU ON P AND REPAT HAED RT I AM AR DULY REGISTER t�JLOI PARK NEW SUPERVIS OWA SURVEYOR UNDER THE LAWS OF THE STATE _- ri m .19 -leDA Ien 0. Messner LS. 8: P.E Reg. No. 8165 TERRACE Iowa Cit Iowa Y• C3!9) 351-8282T MY REGISTRATION EXPIRES, DECEMBER 31, 19 3 $ SIGNED BEFORE ME THIS DAY 0E- y 11C 19 NOTARY PUBLIC, IN AND FOR THE STATE OF IOWA N Lot 56, Park View Terrace n^ LEGEND AND NOTES ^, j - miss meex, raxa c+r1 [iw. nE'o a.°nw m[nas. Drawn by, Checked r • - vwo�v'aS[.ry roar° o - r[mury mn[a s[r ar 1.D„ °w .F u aws "' IOTISTWEL WALTER - ry v: r [nos . ffYCOWISSION EJfPIRES - co°m°iaars[row, %a. U. o%aW - s,ar-a-vsv L% DECQIBER Q igg7 - � i@ Ena ml [1' e[[D G[OOIf 11M¢. VIeTN • PIIwc. mile — mss a—encs, Pwrosc mrzD V -sswm sowNsroe cu -s - env[ smExr xsom was imTD onwl¢ AE soaeva s¢ w r¢r srm xso¢rw: otim OF CLOSURE IS LESS WIN 1 FWT IN 20,800 FEET ° o AwE Pwovom now aY1°1°[xs, •°i °Viso iis—. uarnsaN. sAMTMr s[wews, wArrn wNNs, Nio imms sEww owAw.x. NBB-48'00'W 80.51' Rr.c. EO c aIUCK NENaOt50N TE 97 I (v Title, i 1 01 lD QSheet o EASEMENT VACATION MMS COMMAM, INC, e. N n ... _- ri m G �' m j Iowa Cit Iowa Y• C3!9) 351-8282T PrDJoct TNI.• 0 � o a 4 (U Lot 56, Park View Terrace Oeslgnetl la Drawn by, Checked ID Iowa City, Iowa OR CD CT CD l ED o t e OF lD F6 / � J - w f { i 26'7 Title, 01 • QSheet o EASEMENT VACATION MMS COMMAM, INC, e. N n ... _- ri m mo mF �' m pps�A A�ppll1t IIMEN Iowa Cit Iowa Y• C3!9) 351-8282T PrDJoct TNI.• o a 4 a` Lot 56, Park View Terrace Oeslgnetl la Drawn by, Checked Iowa City, Iowa 26'7 ti 0. S� i I, l j i Prepared by: Steven Nasby, Assoc. Planner, 410 E. Washington St., Iowa City IA 52240 (319)356-5248 RESOLUTION NO. 96-210 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA 1 CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND - AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST ` THE SAME. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding to provide shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for the homeless in Iowa City; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding in the amount of $63,580 available to the City of _ Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, Hawkeye Area Community Action Program, Greater Iowa City Housing Fellowship, and Youth Homes, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Agreement for Iowa Emergency Shelter Grants Program funding (96 -ES -006), a copy of which is attached hereto, is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement x' for Iowa Emergency Grants Program funding- rV.11 3. The City Manager is hereby authorized to execute all necessary documents required f by the Iowa Department of Economic Development for the administration of these r I` funds. t Y i Passed and approved this 16th day of July 1996. a 4! MAYS Approve y L ATTEST: �1� %- ► r -�j -1 CIT CLERK City Attorney's Office ' `• jccoghs\resolutn\agt-ided.res f, O- f Resolution No. 96-21 n Page 2 IV f wJ. i. j. � 7II: �ll It was moved by Norton and seconded by Kubby the Resolution be adopted, and upon roll call there were: AYES: MAYS: -'ABSENT: X Baker X Kubby X Lehman x— Norton x_ Novick x Thornberry X Vanderhoef �(v i 2fD t' 7 I f � IQWA DEP�iRTIVIENT OR EC�N�lI �I EMERGENCY SHELTERGRANT PROGRAM C L. I; PROGRAM: Emergency Shelter G ants Program lti CONTRACT NUMBER: 96 -ES -006 EFFECTIVE DATE: July 1, 1996 EXPIRATION DATE: June 30, 1997 CONTRACT PREPARED BY: Steve Deeds PHONE #: 242-4851 1. Gr The Honorable Naomi Novicl -Mayor. Cily of Iowa City 410 East Wachineton Street Iowa City, Iowa 52240 Grant Amount $ 63,580.00 III. Budget Summaty b Federal S 63,580.00 Local � 63.580.00 Other 0.00 Total $127,160.00 i 2fD t m ESGP CONTRACT VARIABLES 1 & 2. ESGP CONTRACT No. 9_6-SS-006 3. AWARD DATE July 1, 1996 4. AWARD AMOUNT -S 63.560.00 5. Grantee Name _City of Iowa City Start Date: the lot day of July, 1996 End Date: June 30, 1997 6. Written Amount sixty-three thousand five hundred and eighty dollars 7. Numerical Amt. S 63,580.00 S. Special Condition for Article 5.2: (Check if desired) APPROVAL OF PRIOR COSTS X HOMELESS PREVENTION - 180 DAYS 9. SUBRECIPIENT AGREEMENT for Activity(ies) X 10. Additional Conditions to be placed at the end of Article 6.0: DNR: the _system improvements in Activity _ X HANDICAP ACCESSIBILITY of the _ DEPT. OF HEALTH of the _ facility FUNDING NOTIFICATION for _ from for activity # _ 11-12 Insert insurance requirement (8.1) and default clause (9. 1) X YES; _ NO 14 Attachment B dated: l5 Attachment C dated: 13 Application 17) DATE: June 7. 1996 161 DATE: 191 DATE: January 13, 1996 20. GRANTEE NAME Naomi Novick 21. SIGNATOR TITLE Mayor, City of Iowa City 22. GRANTEE ADDRESS 410 East Washington Street Iowa City, Iowa 52244 WE AWARD DATE:V V Yv ,duly 1, 1996 EFFECTIVE DATE: July 1. 1996 AWARD AMOUNT: $ 63.580.00 THIS EMERGENCY SHELTER GRANTS PROGRAM ("ESGP") CONTRACT is made by and between the IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, 200 East Grand Avenue, Des Moines, Iowa 50309 ("Department" or "IDED") and the City of Iowa City ("Grantee"). WHEREAS, the Department is designated to receive, administer, and disburse ESGP funds; and WHEREAS, the Department desires to disburse grant funds to the Grantee for eligible purposes to improve the quality of existing emergency shelters for the homeless; and WHEREAS, the Grantee submitted an application for funding to the Department and the Department has approved the application; and WHEREAS, in approving the application the Department has relied upon the representations of proposed Project activities; management and financial condition of the Grantee; investment of other Project funds; and other material information contained therein; and WHEREAS, the Grantee has certified to the Department that the primary purpose for obtaining ESGP funds is to improve the quality of existing emergency shelters for the homeless; NOW, THEREFORE, the Grantee accepts this grant upon the terms and conditions set forth in this Contract. In consideration of the mutual promises contained in this Contract and other good and valuable consideration, it is agreed as follows: ARTICLE 1 DEFINITIONS As used in this Contract, the following terms shall apply: 1.1 ACT, "Act" means the Stewart B. McKinney Homeless Assistance Act of 1988 as amended. 1.2 ALLOWABLE COSTS. "Allowable Costs" are those which costs which are identified on Attachment B, Budget Summary; Attachment A, Application; and consistent with federal regulations and guidelines applicable to the ESGP program. 1.3 AWARD DATE. "Award Date" means the date on which the Department approved the ESGP participation. 1.4 CONTRACT EXPIRATION DATE. "Contract Expiration Date" means the date the Contract ceases to be in force and effect. The Contract expires upon the occurrence of one of the following: a) the Grantee fulfills the conditions and project activities agreed to herein as of the last date specified in Article 03.1; or b) the Contract is terminated by the Department due to any default under Article 9; or c) terminated in accordance with provisions set forth in Sections 8 and 9 of the General Provisions, Attachment C of this Contract. Z10 2.1 FUNDING SOURCE. The source of funding for the Grant is a federal appropriation for the Emergency Shelter Grants Program (ESGP). 2.2 RECEIPT OF FUNDS. All payments under this Contract are subject to receipt by the Department of sufficient federal funds for the ESGP program. Any termination, reduction or delay of ESGP funds to the Department shall, at the option of the Department, result in the termination, reduction or delay of ESGP funds to the Grantee. 2.3 PRIOR COSTS. No costs incurred prior to the Effective Date may be included as Project costs for the purposes of this Contract. 2.4 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT. If the total award amount has not been requested by the Grantee within ninety (90) days of the Contract Expiration Date, then the Department shall be under no obligation for further disbursement. ESGP Grant Format Revised April 28, 1995 21r> 1.5 EFFECTIVE DATE. "Effective Date" means the date upon which the services of the Grantee are to begin and upon which eligible costs may be incurred against the Contract. 1.6 EMERGENCY SHELTER GRANTS PROGRAM (ESGP)_ "Emergency Shelter Grants Program" means the grant program authorized by the Stewart B. McKinney Homeless Assistance Act of 1988, as amended. 1.7 GRANT. "Grant" means the award of ESGP funds to the Grantee for Project activities. 1.8 GRANT CONTRACT OR CONTRACT. "Grant Contract" or "Contract" means this Contract and all of the notes, leases, assignments, mortgages, and similar documents referred to in the Contract and all other instruments or documents executed by the Grantee or otherwise required in connection with the Contract, including the ESGP grant and a related shelter's grant application together with any related submittal documents. 1.9 HUD. "HUD" means the U.S. Department of Housing and Urban Development. 1.10 HOMELESS. "Homeless" means an individual or family who lacks a fixed, regular, and adequate nighttime residence; or an individual or family who has a primary nighttime residence that is: • a supervised publicly or privately operated shelter designed to provide temporary living accommodations; • an institution that provides a temporary residence for individuals intended to be institutionalized; or • a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. The term does not include any individual imprisoned or otherwise detained pursuant to an Act of the Congress or a State Law. 1.11 PROJECT. "Project" means the detailed description of the work, services, and other activities to be performed or accomplished by the Grantee as described in this Contract and the ESGP application approved by the Department. i ARTICLE 2 FUNDING 2.1 FUNDING SOURCE. The source of funding for the Grant is a federal appropriation for the Emergency Shelter Grants Program (ESGP). 2.2 RECEIPT OF FUNDS. All payments under this Contract are subject to receipt by the Department of sufficient federal funds for the ESGP program. Any termination, reduction or delay of ESGP funds to the Department shall, at the option of the Department, result in the termination, reduction or delay of ESGP funds to the Grantee. 2.3 PRIOR COSTS. No costs incurred prior to the Effective Date may be included as Project costs for the purposes of this Contract. 2.4 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT. If the total award amount has not been requested by the Grantee within ninety (90) days of the Contract Expiration Date, then the Department shall be under no obligation for further disbursement. ESGP Grant Format Revised April 28, 1995 21r> CONTRACT NUMBER 96 -ES -006 PAGE 3 ARTICLE 3 TERMS OF GRANT 3.1 TIME OF PERFORMANCE. The services of the Grantee are to commence as of the first day of July, 1996 and shall be undertaken in such sequence as to assure their expeditious completion. All of the services required hereunder shall be completed on or before June 30, 1997. 3.2 MAXIMUM PAYMENTS. It is expressly understood and agreed that the maximum amounts to be paid to the Grantee by the Department for any item of work or service shall conform to the budget as presented in Attachment B, "Budget Summary". It is further understood and agreed that the total of all payments to the Grantee by the Department for all work and services required under this Contract shall not exceed sixty-three thousand five hundred and eighty dollars ($63,580.00) unless modified by written amendment of this Contract as provided in Section 1.0 of the General Provisions. 3.3 LOCAL EFFORT REQUIREMENTS. (a) Cash. If the Grantee agrees to provide cash contribution to the Project, then such contribution shall be provided in accordance with the approved Budget Summary, Attachment B. Expenditures above budgeted levels necessary to complete the statement of work and services shall be paid by local funds. (b) In -Kind. If the grantee agrees to provide in-kind contributions to the Project, then said contribution shall be as shown in the approved Budget Summary, Attachment B. (c) It is expressly understood by the Grantee that should local effort not at least equal grant funds expended, the Grantee will be required to refund the difference between the documented local effort and grant funds expended. As part of the Payment Request/Status of Funds (specified in Article 08.1(b)), the grantee shall identify the cash and in-kind local efforts contributed during the report period. 3.4 ADMINISTRATION. This Contract shall be administered in accordance with 261 Iowa Administrative Code, Chapter 24 and all applicable State and Federal laws and regulations, including the Iowa Emergency Shelter Grants Implementation Manual, which has been distributed by IDED to the Grantee. ARTICLE 4 PERFORMANCE TARGET ACHIEVEMENT 4.1 PERFORMANCE TARGETS. On the Contract Expiration Date, the Grantee shall have accomplished the activities and performance targets as described in Attachment B, "Budget Summary", and as further elaborated in Attachment A, ESGP Grant Application. 4.2 CALCULATION OF PROJECT COMPLETION. The Department has the final authority to assess whether the Grantee has met their performance targets at the Contract Expiration Date. The Department shall determine completion according to the performance targets set forth in Attachment B, "Budget Summary". The Department reserves the right to monitor and measure at any time during the Contract term the achievement of the performance targets. f ESGP Grant Format Revised April 28, 1995 MW y 3 II 'I ' CONTRACT NUMBER 96 -ES -006 PAGE 4 �1 ARTICLE 5 USE OF FUNDS 5.1 GENERAL. The Grantee shall perform in a satisfactory and proper manner, as determined by the Department, i I : the work activities and services as written and described in the approved grant proposal (Attachment A) as summarized in the Grantee's approved 1993 Emergency Shelter Grants Budget Summary (Attachment B). 5.2 EXPENDITURE OF HOMELESS PREVENTION FUNDS. The Grantee shall ensure the use and expenditure of Contract funds for the purpose of homeless prevention within 180 days of the start of this Contract. Any funds remaining in the budget for this purpose after the expiration of the 180 days may be utilized for other purposes only after a formal budget amendment to this Contract. If the Grantee cannot utilize any funds remaining for other purposes, the Department may require the amendment of this Contract to reduce the award amount by a similar amount. 5.3 BUDGET REVISIONS. Budget revisions which would result in increases of budgeted line item amounts in excess often percent (10%) or ten thousand dollars ($10,000), whichever is less, shall be subject to approval of the Department through the contract amendment process. Budget line item decreases which would lower the Grantee's performance level required under this Contract must be approved by the Department through the amendment process. In no instance shall a budget revision result in total costs exceeding the total Contract amount. Budget revisions shall be compatible with the terms of this Contract and of such a nature as to qualify as an allowable cost. Budget revisions requested during the final ninety (90) days of the Contract period will be approved by the Department only if it determines that the revisions are necessary to complete Project activities. j ARTICLE 6 CONDITIONS TO DISBURSEMENT OF FUNDS Unless and until the following conditions have been satisfied, the Department shall be under no obligation to disburse to the Grantee any amounts under this Grant Contract: I 6.1 GRANT CONTRACT EXECUTED. The Grant Contract shall have been properly executed and, where required, acknowledged. 6.2 COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS. Funds shall not be released under this r Contract until the Grantee has satisfied the environmental review and release of funds requirements set forth in 24 CFR 576.52, as '> 5 summarized in the Iowa Emergency Shelter Grants Implementation Manual. t :.) 6.3 PERMITS AND LICENSES. The Department reserves the right to withhold funds until the Department has reviewed and approved all material, such as permits or licenses from other state or federal agencies, which may be required prior jr rl to project commencement. J, 6.4 SUBRECIPIENT AGREEMENT. The Department, prior to the release of funds for the Activity(ies) , shall 5 receive and review the subrecipient agreement between the grantee and approved subrecipient(s). 6.5 REVIEW OF DISABLED ACCESSIBILITY. Construction of the KEYBOARDO shall not begin prior to } .1 plan review and approval of disabled accessibility by the Building Code Program staff of the Iowa Department of Public'Safety. ' `. f ESGP Grant Format i f Revised April 28, 1995 G g CONTRACT, NUMBER 96 -ES -006 PAGE 5 ; `. `•i} ARTICLE 7 REPRESENTATIONS AND WARRANTIES OF GRANTEE To induce the Department to make the Grant referred to in this Contract, the Grantee represents, covenants and warrants ' that: 7.1 AUTHORITY. The Grantee is duly authorized and empowered to execute and deliver the Grant Contract. All j action on the Grantee's part, such as appropriate resolution of its governing board for the execution and delivery of the Grant �17.2 Contract, has been effectively taken. FINANCIAL INFORMATION. All financial statements and related materials concerning the Project provided F to the Department are true and correct in all material respects and completely and accurately represent the subject matter thereof as of the effective date of the statements and related materials, and no material adverse change has occurred since that date. 3 . i 7.3 APPLICATION. The contents of the application(s) from the shelters to be administered by the Grantee which were submitted to the Department for ESGP funding is a complete and accurate representation of the Project as of the date of submission and there has been no material adverse change in the organization, operation, or key personnel of the Grantee since the date the Grantee submitted its ESGP application to the Department. i t 7.4 CLAIMS AND PROCEEDINGS. There are no actions, lawsuits or proceedings pending or, to the knowledge of the Grantee, threatened against the Grantee affecting in any manner whatsoever their rights to execute the Grant or the ability of j the Grantee to make the payments required under the Grant, or to otherwise comply with the obligations of the Grant contained 4 ,§ under the Grant. There are no actions, lawsuits or proceedings at law or in equity, or before any governmental or administrative authority pending or, to the knowledge of the Grantee, threatened against or affecting the Grantee or any property involved in the Project. 7.5 PRIOR AGREEMENTS. The Grantee has not entered into any verbal or written contracts, agreements or arrangements of any kind which are inconsistent with the Grant Contract. r. 7.6 EFFECTIVE DATE OF REPRESENTATIONS AND WARRANTIES. The covenants, warranties and representations of this Article are made as of the award date of this Contract and shall be deemed to be renewed and restated by _ . the Grantee at the time of each advance or request for disbursement of funds. 3, t. ARTICLE 8 d COVENANTS OF THE GRANTEE , {v 8.1 AFFIRMATIVE COVENANTS. Until the project has been closed out, audited, and approved by IDED, the i # Grantee covenants with IDED that: V (a) PROJECT WORK AND SERVICES. The Grantee shall perform work and services detailed in the ; ESGP application by the Contract Expiration Date. Shelters are required, to the maximum extent practicable, to involve homeless r' individuals and families in the construction, renovation, maintenance, and operation of facilities assisted under the Emergency E; " Shelter Grant Program. I (b) REPORTS. The Grantee shall prepare, review and sign the requests and reports as specified below in the form and content specified by the Department. The requests and reports shall be submitted to the Department by the 10th of due, for final days the Contract Expiration Date. The the month when and reports, within thirty (30) after Grantee shall review all ESGP Grant Format g Revised April 28, 1995 p=a F i a .' CONTRACT NUMBER 96 -ES -006 PAGE 6 reimbursement requests, to be submitted not more often than once a month, and verify that claimed expenditures are allowable costs. The Grantee shall maintain documentation adequate to support the claimed costs. REPORT DUE DATE Activity Status Report (Form 3) 10th of every month accompanying any funds request (original and one copy) Payment Request/Status of Funds (Form 1) 10th of every month after submitting initial request (original and three copies) Summary Performance Report (Form 3-D) Within 15 days of Contract completion and within 15 days of the end of a calendar year. 1 Updates to the Applicant/Reipient As needed due to changes I Disclosure Report Audit Report In accordance with Single Audit Act of 1984. ' The Department reserves the right to require more frequent submission of the reports than as shown above if, in the opinion of the Department, more frequent submissions would help improve the Grantee's Emergency Shelter Grants Program. (c) RECORDS. The Grantee shall maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues received under this Grant Contract in sufficient detail to reflect all costs, direct and indirect, of labor, materials, equipment, supplies, services and other costs and expenses of whatever nature, for which payment is claimed under this Grant Contract. The Grantee shall maintain books, records and documents in sufficient detail to demonstrate ?. compliance with the Grant Contract and shall maintain these materials for a period of three (3) years beyond the date upon which the final audit of the project is accepted by IDED. Records for non -expendable property acquired under this Contract shall be q retained for a three (3) year period after the final disposition of property. Records shall be retained beyond the prescribed period if fi any litigation or audit is begun or if a claim is instituted involving the grant or agreement covered by the records. In these instances, the records shall be retained until the litigation, audit or claim has been finally resolved. (d) ACCESS TO RECORDS/INSPECTIONS. The Grantee shall, without prior notice and at any time, permit HUD or its representatives, the General Accounting Office or its representatives, and the Department, its representatives or ?` the State Auditor to examine, audit and/or copy (i) any plans and work details pertaining to the Project, (n) all of the Grantee's { books, records and accounts, and (iii) all other documentation or materials related to this Grant; the Grantee shall provide proper facilities for making such examination and/or inspection. 1 ` (e) USE OF GRANT FUNDS. The Grantee shall expend funds received under the Grant only for the purposes and activities described in this Contract and as approved by the Department. � 1 (f) DOCUMENTATION. The Grantee shall deliver to IDED, upon request, (i) copies of all contracts or r agreements relating to the Project, (ii) invoices, receipts, statements or vouchers relating to the Project, (iii) a list of all unpaid bills for labor and materials in connection with the Project, and (iv) budgets and revisions showing estimated Project costs and funds required at any given time to complete and pay for the Project. (g) NOTICE OF PROCEEDINGS. The Grantee shall promptly notify IDED of the initiation of any claims, lawsuits or proceedings brought against the Grantee. v _l ESGP Grant Format Revised April 28, 1995 ? e 1 CONTRACT NUMBER 96-ES-006 PAGE 7 ` (h) INDEMNIFICATION. The Grantee shall indemnify and hold harmless the Department, its officers and employees from and against any and all losses in connection with the performance of this Contract. (i) NOTICE TO DEPARTMENT. In the event the Grantee becomes aware of any material alteration in the Project, initiation of any investigation or proceeding involving the Project, or any other similar occurrence, the Grantee shall " promptly notify the Department. (j) CERTIFICATIONS. The Grantee certifies and assures that the Project will be conducted and> administered in compliance with all applicable federal and state laws, regulations and orders. Certain statutes are expressly made applicable to activities assisted under the Act by the Act itself, while other laws not referred to in the Act may be applicable to such activities by their own terms. The Grantee certifies and assures compliance with the applicable orders, laws and implementing regulations, including but not limited to, the following: (i) Financial Management guidelines issued by the U.S. Office of Management and Budget, OMB Circular A-110 ("Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, z Hospitals, and Other Nonprofit Organizations"); OMB Circular A-122 ("Cost Principles of Nonprofit Organizations"), OMB Circular A-87 ("Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized 1 Indian Tribal Governments"), OMB Circular A-128 ("Audits of State and Local Governments") as implemented by HUD at 24 CFR Part 44, and the implementing regulations issued by HUD concerning administrative requirements found at 24 CFR Part 85. - a (ii) Title IV of the Stewart B. McKinney Homeless Assistance Act as amended (Public Law 100- a 77) and regulations which implement this law. .: • (iii) Department of Housing and Urban Development regulations governing the ESGP program, 24 Code of Federal Regulations, Part 576. (iv) Section 102 of the Department of Housing and Urban Development Reform Act of 1989 �. (P.L. 101-235), and implementing regulations. (v) Title VI of the Civil Rights Act of 1964 as amended (Public Law 88-352; 42 U.S.C. 2000d et seq.); Title VIII of the Civil Rights Act of 1968 as amended (Public Law 90-284; 42 U.S.C. 3601 et seq.); the :. Iowa Civil Rights Act of 1965; Iowa Executive Order #15, dated April 2, 1973, and Executive Order #34, dated July 22, 1988; Y {,! Presidential Executive Order 11063, as amended by Executive Order 12259; Presidential Executive Order 11246, as amended; Section 504 of the Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. 794); the Age Discrimination Act of 1975 as amended (42 U.S.C. 6101 et seq.); the Americans with Disabilities Act, as applicable, (P.L. 101-336,42 U.S.C. 12101-12213; and related Civil Rights and Equal Opportunity statutes; and regulations which implement these laws. r r (� (` (vi) Fair Housing Act, Public Law 90-284. The Public Fair Housing Act is part of Title VIII of the t' Civil Rights Act of 1968 as amended (42 U.S.C. 3601 et seq.); Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. 1701u); and regulations which implement these laws. 1 �Y { (vii) Executive Orders 11625, 12432, and 12138 as amended, to encourage the use of minority and women's business enterprises in connection with activities funded under the program. " (viii) Davis-Bacon Act, as amended (40 U.S.C. 276a - 276a-5), where applicable under Section 110 of the Housing and Community Development Act of 1974, as amended; Contract Work Hours and Safety Standards Act 1 (40 U.S.C. 327 et seq.); the Copeland Anti-Kickback Act (18 U.S.C. 874); the Department of Defense Reauthorization Act of i LLL a, 1986; and regulations which implement these laws. t (ix) Fair Labor Standards Act and implementing regulations. l 1 I 1 ESGP Grant Format Revised April 28, 1995 l a 2 ', 1F CONTRACT NUMBER 96 -ES -006 PAGE (x) implementing regulations. s® Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821 - 4846), as amended, and I' (xi) National Environmental Policy Act of 1969 (NEPA), as amended, and implementing regulations. (xii) The Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.) and the Coastal Barriers Resources Act (16 U.S.C. 350 1) (xiii) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (URA)(42 U.S.C. 4601) and implementing regulations; (xiv) Hatch Act (regarding political partisan activity and federally funded activities) and implementing regulations. (xv) Government -wide Restriction on Lobbying Certification [Section 319 of Public Law 101-121] and implementing regulations. (xvi) Drug Free Workplace Act of 1988 and the regulations found at 24 CFR part 24, subpart F. (xvii) Administrative rules adopted by the Iowa Department of Economic Development, 261 Iowa Administrative Code, chapter 24.. (xviii) Financial and Program Management guidelines issued by the Iowa Department of Economic Development: the Iowa Emergency Shelter Grants Manual, the IDED Audit Guide. (k) MAINTENANCE OF PROJECT PROPERTY AND INSURANCE. The Grantee and any subrecipient shall maintain the Project property in good repair and condition, ordinary wear and tear excepted, and shall not suffer or commit waste or damage upon the Project property. At the Department's request, the Grantee or subrecipient shall pay for and ' - maintain insurance as is customary in their industry. This insurance shall be in an amount not less than the full insurable value of the Project property. The subrecipient shall name the Grantee and Department as a mortgagee and/or an additional loss payee, as appropriate, and the Grantee shall name the Department as a mortgagee and/or an additional loss payee, as appropriate,and submit copies of the policies to the Department. 8.2 NEGATIVE COVENANTS. During the Grant Contract term the Grantee covenants with IDED that it shall e not, without the prior written disclosure to and prior written consent of IDED, directly or indirectly: (a) ASSIGNMENT. Assign its rights and responsibilities under this Grant Contract. (b) ADMINISTRATION. Discontinue administration activities under the Contract. ARTICLE 9 DEFAULT AND REMEDIES 9.1 EVENTS OF DEFAULT. The following shall constitute Events of Default under this Grant Contract: (a) MATERIAL MISREPRESENTATION. If at any time any representation, warranty or statement made or famished to the Department by, or on behalf of the Grantee in connection with this Contract or to induce the Department to make a grant to the Grantee shall be determined by the Department to be incorrect, false, misleading or erroneous in any ESGP Grant Format Revised April 28, 1995 Zl(7 10.1 DOCUMENTS INCORPORATED BY REFERENCE. The Grantee shall comply with the terms and conditions of the following documents which are hereby incorporated by reference: 1. Attachment A, "Application," dated January 13, 1996. 2. Attachment B, "Budget Summary," dated June 7, 1996. 3. Attachment C, "General Provisions," dated April 28, 1995. 10.2 ORDER OF PRIORITY. In the event of a conflict between documents of this contract, the following order of ; F priority shall govem: a ` ? 1. Articles I through 11 herein. i ESGP Grant Format L Revised April 28, 1995 Z �a . f. CONTRACT NUMBER 96 -ES -006 PAGE 9 \ material respect when made or furnished and shall not have been remedied to the Department's satisfaction within thirty (30) days after written notice by the Department is given to the Grantee. (b) NONCOMPLIANCE. If there is a failure by the Grantee to comply with any of the covenants, terms or conditions contained in this Contract. f (c) CONTRACT EXPIRATION DATE. If the Project, in the sole judgment of the Department, is not i completed on or before the Contract Expiration Date. (d) MISSPENDING. If the Grantee expends Grant proceeds for purposes not described in the ESGP 77 application, this Contract, or as authorized by the Department. (e) INSURANCE. If loss, theft, damage or destruction of any substantial portion of the property of the Grantee occurs for which there is either no insurance coverage or for which, in the opinion of the Department, there is insufficient insurance coverage. 9.2 NOTICE OF DEFAULT. IDED shall issue a written notice of default providing therein a fifteen (15) day - period in which the Grantee shall have an opportunity to cure, provided that cure is possible and feasible. 9.3 REMEDIES UPON DEFAULT. If, after opportunity to cure, the default remains, IDED shall have the right, in addition to any rights and remedies available to it to do one or more of the following: "- (a) exercise any remedy provided by law, (b) require immediate repayment of up to the full amount of funds disbursed to the Grantee under this Contract t plus interest. t 9.4 FAILURE TO MEET PERFORMANCE TARGETS If the Grantee is determined by the Department to be in default of this Contract due to meeting less than one hundred percent (100%) of its Performance Targets, the Department may require full Grant repayment or, at its discretion, the Department may permit repayment of Grant proceeds which allows partial credit for the performance targets which have been met, or the Department may permit other remedies that the Department determines to be appropriate. w �! ARTICLE 10 V.ik INCORPORATED DOCUMENTS 10.1 DOCUMENTS INCORPORATED BY REFERENCE. The Grantee shall comply with the terms and conditions of the following documents which are hereby incorporated by reference: 1. Attachment A, "Application," dated January 13, 1996. 2. Attachment B, "Budget Summary," dated June 7, 1996. 3. Attachment C, "General Provisions," dated April 28, 1995. 10.2 ORDER OF PRIORITY. In the event of a conflict between documents of this contract, the following order of ; F priority shall govem: a ` ? 1. Articles I through 11 herein. i ESGP Grant Format L Revised April 28, 1995 Z �a . f. PAGE 10 2. Attachment C, "ESGP Program General Provisions", dated April 28, 1995. 3. Attachment B, 'Budget Summary", dated June 7, 1996. ' 5. Attachment A, "ESGP Application", dated January 13, 1996. 1 ARTICLE l l MISCELLANEOUS i s 11.1 LIMIT ON GRANT PROCEEDS ON HAND. The Grantee shall request Project funds only as needed and shall not have Grant proceeds, including earned interest, on hand for a period of longer than ten (10) working days, after which time any surplus amount shall be returned to the Department. 11.2 BINDING EFFECT. This Grant Contract shall be binding upon and shall inure to the benefit of the Department and Grantee and their respective successors, legal representatives and assigns. The obligations, covenants, warranties, acknowledgements, waivers, agreements, terms, provisions and conditions of this Grant Contract shall be jointly and severally ' enforceable against the parties to this Grant Contract. i 1 11.3 SURVIVAL OF CONTRACT. If any portion of this Grant Contract is held to be invalid or unenforceable, the i f remainder shall be valid and enforceable. The provisions of this Grant Contract shall survive the execution of all instruments { herein mentioned and shall continue in full force until the project is completed as determined by the department. 11.4 GOVERNING LAW. This Grant Contract shall be interpreted in accordance with the laws of the State of Iowa, and any action relating to the v Grant Contract shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern District of Iowa. 11.5 NOTICES. Whenever this Grant Contract requires or permits any notice or written request by one party to another, it shall be in writing, enclosed in an envelope, addressed to the party to be notified at the address heretofore stated (or at such other address as may have been designated by written notice), properly stamped, sealed and deposited in the United State Mail. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or two (2) business days after posting. The Department may rely on the address of the Grantee set forth heretofore, as modified from time to time, as being the address of the Grantee. 11.6 WAIVERS. No waiver by the Department of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the Department in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by the Department shall preclude future exercise thereof or the exercise of any other right or remedy. 11.7 LIMITATION. It is agreed by the Grantee that the Department shall not, under any circumstances, be obligated financially under this Grant Contract except to disburse funds according to the terms of the Contract. 11.8 HEADINGS. The headings in this Grant Contract are intended solely for convenience of reference and shall be given no effect in the construction and interpretation of this Grant Contract. 11.9 INTEGRATION. This Grant Contract contains the entire understanding between the Grantee and the Department and any representations that may have been made before or after the signing of this Grant Contract, which are not contained herein, are nonbinding, void and of no effect. None of the parties have relied on any such prior representation in entering into this Grant Contract. ESGP Grant Format Revised April 28, 1995 2iD o %-. w: CONTRACT NUMBER 96 -ES -006 PAGE i I 11.10 COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Grant Contract on the latest day and year specified below GRANTEE: City //OBof Iowa City � BY: ZZwd l r//Yt A Na mi N v ck Mayor, City of Iowa City 410 East Washington Street Iowa City, Iowa 52244 DATE: %�o IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT: BY: C) /I --), DAVID/(�J.�L(YON/S, IREC R DATE: ( G 1 ESGP Grant Format Revised April 28, 1995 Z10 ( i „ ;f. �a 3 2 I f IOWA EMERGENCY SHELTER GRANTS PROGRAM ATTACHMENT B DATE: June 7,1996 �) Contract Number: 96 -ES -006 To be filled In by DED Grantee: City of Iowa City Original %. Address: Amendment# -i : Homeless Agency(s): (a) DV Intervtn Pgm, (b) Emorg Hsg Proj, (c) Gtr la City Hag Felshp, (d) HACAP, Fid Rep Son (e) Youth Homes BUDGETSUMMARY AMOU TBUDGETED 1 PROJECT DESCRIPTION PERFORMANCE TARGET ESGP OTHER TOTAL LOCAL MATCH (a) Staff Salaries $20,020 $20,020 (b) Sla9r Salaries $3,160 $3,180 (c) Slaff Salaries $5,250 $5,250 (d) Property Value $12.640 $12.640 a . � (e) Stall Grant $22,510 $22,510 - SUBTOTAL: $63,580 Activity 2: ESSENTIAL SERVICES Youth Counselor. (e) $7,800 to assist with the salary of a Youth Counselor position $7,800 $7,800 SUBTOTAL: $7,800 - Activity 3: MAINT., OPER., INSUR., UTIL, FURN. Insurance: (a) $4,000, (e) $7,800 to-, with regular payments for Insurance $11,800 $11,600 { Utilities: (a) $12,000, (d) $6,000, (e) $6,000 to assist with regular payments for utilities $24,000 $24,000 a\ Staff Salaries: (b) $3,000 to assist with salary for an Early Bird Director $3,000 $3,000 \: ,. Operations: (d) $8,000 to assist with regular payments for rent and/or other operating I expenses not elsewhere specified $8,000 $6,000!- } SUBTOTAL: $44,600 E� Activity 4: HOMELESS PREVENTION Emergency Payments: (a) $3,0110, (c) $5,000 One-time emergency payments to near homeless clients for rent, � , - j utilities. or security deposit $8.000 $8,000 _... SUBTOTAL: 58,000 -i GRANTEE ADMINISTRATION:(Audit ReportInti, Local Coordination) $3.180 hmffiffim $3.180 s a), TOTAL AMOUNT OF ALL FUNDS BUDGETED: I $63,580 1 $83.5801 $127.160 s { t . u :v _ r 210 CONTRACT NUMBER 96-ES-006 ATTACHMENT C EMERGENCY SHELTER GRANTS PROGRAM (ESGP) CONTRACT GENERAL PROVISIONS TABLE OF CONTENTS 1.0 AMENDMENT........................................................................................................... I (a) WRITING REQUIRED........................................................................................... I ...: ✓ (b) UNILATERAL MODIFICATION (c) IDED REVIEW.................................................................................................. I 2.0 AUDIT REQUIREMENTS................................................................................................. 1 3.0 COMPLIANCE WITH LAWS AND REGULATIONS.......................................................................... 1 4.0 UNALLOWABLE COSTS................................................................................................. I 5.0 PROGRAM INCOME......................................................................... 6.0 INTEREST EARNED..................................................................................................... 2 - 7.0 SUSPENSION............................................................................................................ 2 8.0 TERMINATION.......................................................................................................... 2 (a) FOR CAUSE.................................................................................................... 2 (b) FOR CONVENIENCE............................................................................................ 2 (c) DUE TO REDUCTION OR TERMINATION OF ESGP FUNDING...................................................... 2 9.0 PROCEDURES UPON TERMINATION...................................................................................... 2 (a) NOTICE........................................................................................................ 2 (b) RIGHTS IN PRODUCTS .................................. .................. 2 1 (c) RETURN OF FUNDS............................................................................................. 2 10.0 ENFORCEMENT EXPENSES.............................................................................................. 3 11.0 INDEMNIFICATION..................................................................................................... 3 12.0 CONFLICT OF INTEREST................................................................................................ 3 (a) GENERAL............................................................................................. 3 (b) PERSONS COVERED................................................................................... 3 (c) CONFLICTS OF INTEREST............................................................................. 3 13.0 USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS OR SUBRECIPIENTS..................................... 3 14.0 CIVIL RIGHTS. 3 si.(a) . ....... DISCRIMINATION IN EMPLOYMENT .................. .......................................................... 3 (b) CONSIDERATION FOR EMPLOYMENT ........................................................................... 4 t y j (c) CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT ........ . ........... 4 ' (d) CERTIFICATION REGARDING GOVERNMENT-WIDE RESTRICTION ON LOBBYING................................. 4 (e) PROGRAM NONDISCRIMINATION ...... . 1 y (f) FAIR HOUSING................................................................................................. 5 F'11 (8) SECTION 3 COMPLIANCE...............:....................................................................... 5 <, 7 (h) NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS.............................................................. 5 (i) INCLUSION IN SUBCONTRACTS................................................................................. 5 15.0 POLITICAL ACTIVITY......................................... ................. 6 ........................................ 16.0 MINORITY AND WOMEN BUSINESS ENTERPRISES ..................... .......... 6 17.0 DRUG ABUSE................... ............... 6 210 ATTACHMENT C I GENERAL PROVISIONS EMERGENCY SHELTER GRANTS PROGRAM (ESGP) Approved April 28, 1995 1.0 AMENDMENT. (a) WRITING REQUIRED. The Contract may only be amended through written prior approval of IDED. Examples of situations where amendments are required include extensions for completion of Project activities, changes to the Project including, but not limited to, alteration of existing approved activities or inclusion of new activities. L (b) UNILATERAL MODIFICATION. Notwithstanding paragraph "a" above, IDED may unilaterally modify the Contract at will in order to accommodate any change in the Act or any change in the interpretation of the Act or any applicable federal, state or local laws, regulations, rules or policies. A copy of such unilateral modification will be given to the Grantee as an amendment to this Contract. (c) IDED REVIEW. IDED will consider whether an amendment request is so substantial as to necessitate reevaluating IDED's original funding decision on the Project. An amendment will be denied if it substantially alters the circumstances under which the Project funding was originally approved or if it does not meet requirements set forth in 261 Iowa Administrative Code, Chapter 24. 2.0 AUDIT REQUIREMENTS. (a) SINGLE AUDIT. The Grantee shall ensure that an audit is performed in accordance with the Single Audit Act of 1984 (P.L. 98-502) as implemented at 24 CFR part 44, IDED's administrative rules for the ESGP program (261 Iowa Administrative Code 24), the Iowa Emergency Shelter Grants Program Manual and the IDED Audit Guide distributed by IDED. (b) ADDITIONAL AUDIT. As a condition of the grant to the Grantee, IDED reserves the right to require the Grantee to submit to a l post Project completion audit and review in addition to the audit required above. Such an audit and review will be at the expense of the Grantee. 3.0 COMPLIANCE WITH LAWS AND REGULATIONS. The Grantee shall comply with all applicable State and federal laws, rules, ordinances, regulations and orders. a � 4.0 UNALLOWABLE COSTS. If IDED determines at any time, whether through monitoring, audit, closeout procedures or by other means y or process that the Grantee has expended funds which are unallowable, the Grantee will be notified of the questioned costs and given an opportunity to justify questioned costs prior to IDED's final determination of the disallowance of costs. Appeals of any determinations will be handled in accordance with the provisions of Chapter 17A, Iowa Code. If it is IDED's final detennination that costs previously paid by the IDED are unallowable under the terms of the Contract, the expenditures will be disallowed and the Grantee shall repay to Y if IDED any and all disallowed costs. �( I 5.0 PROGRAM INCOME. All program income as defined in OMB Circular A-102 and 261 Iowa Administrative Code, Chapter 24, shall I� I either be added to the Project Budget and used to further eligible Project objectives as defined in the Contract and the Scope of Work in �r the ESGP Application for funding. Program income not used to further Project objectives will be deducted from the total Project Budget C)' for the purpose of determining the amount of reimbursable costs under the Contract. The final disposition of program income shall be made by IDED. 6.0 INTEREST EARNED. To the extent it can be determined that interest was earned on ESGP funds, this interest shall be returned to IDED. t 7.0 SUSPENSION. When the Grantee has failed to comply with the Contract, award conditions or standards, IDED may, on reasonable notice to the Grantee, suspend the Contract and withhold future payments, or prohibit the Grantee from incurring additional obligations of ESGP funds. Suspension may continue until the Grantee completes the corrective action as required by IDED. IDED may allow such inecessary and proper costs which the Grantee could not reasonably avoid during the period of suspension provided IDED concludes that such costs meet the provisions of HUD regulations issued pursuant to OMB Circular A-87. 8.0 TERMINATION. (a) FOR CAUSE. IDED may terminate the Contract in whole, or in part, whenever IDED determines that the Grantee has failed to comply with the terms and conditions of the Contract. 2/D ESGP General Provisions Page 2 Revised April 28, 1995 (b) FOR CONVENIENCE. IDED, the Grantee may terminate the Contract in whole, or in part, when all parties agree that the continuation of the Project would not produce beneficial results commensurate with the future disbursement of funds. (c) DUE TO REDUCTION OR TERMINATION OF ESGP FUNDING. At the discretion of IDED, the Contract may be terminated in whole, or in part, if there is a reduction or termination of ESGP federal grant funds to the State. 9.0 PROCEDURES UPON TERMINATION. (a) NOTICE. IDED shall provide written notice to the Grantee of the decision to terminate, the reason(s) for the termination, and the effective date of the termination. If there is a partial termination due to a reduction in funding, the notice will set forth the change in funding and the changes in the approved budget. The Grantee shall not incur new obligations beyond the effective date and shall cancel as many outstanding obligations as possible. IDED's share of noncancellable obligations which IDED determines were properly incurred prior to notice of cancellation will be allowable costs. (b) RIGHTS IN PRODUCTS. All finished and unfinished documents, data, reports or other material prepared by the Grantee under the Contract shall, at IDED option, become the property of IDED. (c) RETURN OF FUNDS. The Grantee shall return to IDED all unencumbered funds within one week of receipt of the notice of termination. Any costs previously paid by IDED which are subsequently determined to be unallowable through audit, monitoring, or closeout procedures shall be returned to IDED within thirty (30) days of the disallowance. 10.0 ENFORCEMENT EXPENSES. The Grantee shall pay upon demand any and all reasonable fees and expenses of the Department, including the fees and expenses of their attorneys, experts and agents, in connection with the exercise or enforcement of any of the rights of the Department under this Contract. 11.0 INDEMNIFICATION. The Grantee shall indemnify and hold harmless the Department, its officers and employees, from and against any and all losses, accruing or resulting from any and all claims subcontractors, laborers and any other person, fine or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this Contract. 12.0 CONFLICT OF INTEREST. (a) GENERAL. Except for the use of ESGP funds to pay salaries and other related administrative or personnel costs, no persons identified in paragraph "b" below who exercise or have exercised any functions or responsibilities with respect to ESGP assisted activities or who are in a position to participate in a decisionmaking process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a ESGP assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. (b) PERSONS COVERED. The conflict of interest provisions described above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, or of any designated public agencies, or subrecipients which are receiving ESGP funds. (c) CONFLICTS OF INTEREST. Chapter 6813, Code of lows the "Iowa Public Officials Act", shall be adhered to by the Grantee, its officials and employees. 13.0 USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS OR SUBRECIPIENTS. ESGP funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the service of, or fund any contractor or subrecipient during any period of debarment, suspension, or placement in ineligible status under the provisions of 24 CFR Part 24 or any applicable law or regulation of the Department of Labor. 14.0 CIVIL RIGHTS. (a) DISCRIMINATION IN EMPLOYMENT. The Grantee shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, sex, national origin, age, or physical or mental disability. The Grantee may take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but may not be limited to the following: employment, upgrading, demotion or transfers; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of 2/f7 is L Page 3 Revised April 28, 1995 compensation; and selection for training, including an apprenticeship. The Grantee agrees to post notices setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees. (b) CONSIDERATION FOR EMPLOYMENT. The Grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or disability. Solicitation and Advertisement - The Grantee shall list all suitable employment openings in the State Employment Service local offices. (c) CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. The Grantee shall comply with all relevant provisions of the Iowa Civil Rights Act of 1965 as amended, Iowa Executive Order 15, Federal Executive Order 11246, as amended; Title VI of the U.S. Civil Rights Act of 1964 as amended (42 U.S.C. Section 2000d et seq.), the Fair Labor Standards Act (29 U.S.C. Section 201 et seq.), the Americans with Disabilities Act, as applicable, (P.L. 101-336, 42 U.S.C. 12101-12213, Section 504 ofthe Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. Section 794), and the Age Discrimination Act of 1975 as amended (42 U.S.C. Section 6101 et seq.). The Grantee will furnish all information and reports requested by the State of Iowa or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State of Iowa to investigate compliance with these rules and regulations. (d) CERTIFICATION REGARDING GOVERNMENT -WIDE RESTRICTION ON LOBBYING. The Grantee certifies, to the best of his or her knowledge and belief, that: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee, or an employee of a Member of congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Grantee shall complete and submit Standard Form -LLL, "Disclosure Form to Report Federal Lobbying" in accordance with its instruction. iii. The Grantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (e) PROGRAM NONDISCRIMINATION. The Grantee shall conform with requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and HUD regulations issued pursuant thereto contained in 24 CFR Part 1. No person in the United States shall on the basis of race, color, national origin, sex or religion or religious affiliation be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through this contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et. seq.) or applicable provisions of the Americans with Disabilities Act (P.L. 101-336, 42 U.S.C. 12101-12213) with respect to an otherwise qualified individual with a disability, and as also provided in Section 504 of the Vocational Rehabilitation Act of 1973 (29 U.S.C. Section 794), shall also apply to any such program or activity. (f) FAIR HOUSING. The Grantee shall comply with Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), generally known as the Fair Housing Act, and with HUD regulations found at 24 CFR Part 107, issued in compliance with Federal Executive Order 11063, as amended by Federal Executive Order 12259. (g) SECTION 3 COMPLIANCE. The Grantee shall comply with provisions for training, employment, and contracting in accordance with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u). 2la ■ i% �v l ESGP General Provisions Page 4 Revised April 28, 1995 (h) NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS. In the event of the Grantee's noncompliance with the nondiscrimination clauses of this contract or with any of the aforesaid rules, regulations, or requests, this contract may be canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action, imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 601 A, Code of Lo-w-aj or as otherwise provided by law. (i) INCLUSION IN SUBCONTRACTS. The Grantee will include the provisions of the preceding paragraphs of Section 14 in every subcontract unless exempt by the State of Iowa, and said provisions will be binding on each subcontractor. The Grantee will take such action with respect to any subcontract as the State of Iowa may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event the Grantee becomes involved in or is threatened by litigation with a subcontractor or vendor as a result of such direction by the State of Iowa, the Grantee may request the State of Iowa to enter into such litigation to protect the interests of the State of Iowa. 15.0 POLITICAL ACTIVITY. No portion of program funds shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. Neither the program nor the funds provided therefore, nor the personnel employed in the administration of this Contract, shall be in any way or to any extent, engaged in the conduct of political activities in contravention of The Hatch Act (5 U.S.C. 15). 16.0 MINORITY AND WOMEN BUSINESS ENTERPRISES. The Grantee shall comply with the requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders, the grantee must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this part. 17.0 DRUG ABUSE. The Grantee will comply with the requirements of the Anti -Drug Abuse Act of 1988 (P. L. 100-690) The Grantee will administer, in good faith, policies designed to ensure that the assisted homeless facility Is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. 21a Prepared by: Steven Nasby, Assoc. Planner, 410 E. Washington St., Iowa City IA 52240 (319)356-5248 RESOLUTION NO. 96-211 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE EMERGENCY HOUSING PROJECT FOR IOWA EMERGENCY - SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing shelter services for homeless people in Iowa; and 1 WHEREAS, the City of Iowa City deems it in the public interest to support services for - - homeless people in Iowa City; and WHEREAS, the Emergency Housing Project is an agency which provides emergency shelter and related assistance to homeless individuals; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, Hawkeye Area Community Action Program, Greater Iowa City Housing Fellowship, and Youth Homes, Inc.; and \ ' WHEREAS, the Emergency Housing Program's funding Agreement incorporates the Agreement between the City and the Iowa State Department of Economic Development (96 -ES -006), approved by the City Council. s NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement for Iowa Emergency Shelter Grants Program funding of the Emergency Housing Project, a copy of which is attached hereto, is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Emergency a Shelter Grants Program Agreement for the Emergency Housing Project. Er ,. j Passed and approved this 16th day of July 1996. G� . MAYOR Approved by ATTEST: —L CIT CLERK City Attorney's Office ? jccoghs\resolutn\ehp.esg F1 Resolution No. 96-211 Page 9 A f It was moved by Norton and seconded by Kiihhy the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby Lehman —x Norton —y Novick — x - Thornberry X X Vanderhoef 7. The Grantee shall be responsible for and adhere to the following. Noncompliance may be grounds for Grantee canceling, terminating or suspending this Contract. a. The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C_ 3601-19 and implementing regulations; Executive Order 11063 and implementing regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 I,;i U.S.C. 2002d-1) and implementing regulations issue at 24 CFR Part 1. 2( ( EMERGENCY SHELTER GRANTS PROGRAM AGREEMENT Emergency Shelter Grants Program Agreement between the City of Iowa City (hereinafter referred to as the Grantee), and the Emergency Housing Project (EHP) (hereinafter referred to as Provider) for the provision of related services and assistance to Grantee's Contract Number .. 96 -ES -006 with the State of Iowa Department of Economic Development (IDED). 1. The Grantee shall make available to provide the sum of $3,000 (Three thousand dollars) in accordance with the terms and conditions of this contract, the grant contract agreement between the State of Iowa and the Grantee, attached hereto as Exhibit I, and in accordance to any subsequent provisions, requirements, and assurances promulgated by the State of Iowa that apply to said grant. Said subsequent requirements shall be specifically incorporated herein. Failure to adhere to the above mentioned requirements, provisions, and assurances shall cause this Agreement to be terminated at the discretion of the Grantee or State. It is agreed between the parties that this Agreement, with attachments, as written, is the full and complete agreement between the parties. 2. The Grantee shall be obligated to provide said grant funds to Provider only on the condition that said funds shall be available from the State of Iowa. Failure of the Grantee to receive grant funds from the State shall cause this Agreement to be terminated. 3. The Provider, its officers, agents, employees and assigns agree to hold the Grantee and i ,i the State of Iowa harmless from any and all liability, claims, damages and litigation arising from, or under the terms of this Agreement. 4. This Agreement shall be binding upon the Grantee and Provider, and neither shall assign or transfer its rights and responsibilities without prior written consent of the other. _ l : However, the Grantee shall not transfer any ultimate fiscal responsibilities including: authority to request funds, authorization of activity status reports or final audit. 5. This Agreement shall be governed by the laws of the State of Iowa. In the event any provisions of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. t 'r 6. The terms and conditions of this Agreement may only be amended or supplemented by written agreement of both parties and, when necessary, with State concurrence. Such i amendments include any deviation from the Iowa -Grantee Program Schedule and Budget. 7. The Grantee shall be responsible for and adhere to the following. Noncompliance may be grounds for Grantee canceling, terminating or suspending this Contract. a. The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C_ 3601-19 and implementing regulations; Executive Order 11063 and implementing regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 I,;i U.S.C. 2002d-1) and implementing regulations issue at 24 CFR Part 1. 2( ( Date: 7/d,g/& ppdcdbg\ehpesg.agt Date: July 16. 1996 b. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against discrimination against handicapped individuals under Section 504 of the r, Rehabilitation Act of 1973 (29 U.S.C. 794). C. The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60. i d. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u. / e. The requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders, the Provider must make efforts to encourage the use of the minority and women's business enterprises in connection with activities funded under this part. f. The requirements of the Anti -Drug Abuse Act of 1988 (P.L. 100-690). The Provider will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. g. Compliance with OMB Circulars A-87 and A-128 regarding Cost Principles and ' Uniform Audit requirements. :A E h. Prohibited use of debarred, suspended or ineligible contractors as required under 24 CFR Part 24. 8. The Provider shall provide uncontested access to Contract related records by any appropriate federal or state agents, and retain said records for no less than three (3) years after the Iowa Department of Economic Development's close-out acceptance. This includes any financial, procurement, and local match records required for the i Grantee's close-out and audit. I 9. This Contract shall terminate on the expiration date of the Iowa Department of Economic Development contract, unless otherwise modified in writing herein. This Agreement shall be effective upon the signature of all parties. l I1 By; By: qaemz r Pr vider& hair Chi f Eleed Pfficial r 0 j, �C . Attest: 7�c.'G{ Attest: 7� ecutive Director Clerk` Date: 7/d,g/& ppdcdbg\ehpesg.agt Date: July 16. 1996 r . , f - is •. .... The Agreement for Iowa Emergency Shelter Grants Program funding of the Domestic. Violence Intervention Program, a copy of which is attached hereto, is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Iowa Emergency Shelter Grants Program Agreement for the Domestic Violence Intervention Program. Z12- 11 j Prepared by: Steven Nasby, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5248 RESOLUTION NO. 96-212 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE DOMESTIC VIOLENCE INTERVENTION PROGRAM FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO _ ATTEST SAME. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which ` utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, the Domestic Violence Intervention Program is an agency which provides emergency shelter and related assistance to those who are homeless because of domestic - `i violence; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, Hawkeye Area Community Action Program, Greater Iowa City Housing Fellowship, and Youth Homes, Inc.; and WHEREAS, the Domestic Violence Intervention Program's funding Agreement incorporates the Agreement between the City and the Iowa State Department of Economic Development (96 -ES - 006), approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA (nt CITY, IOWA, THAT: The Agreement for Iowa Emergency Shelter Grants Program funding of the Domestic. Violence Intervention Program, a copy of which is attached hereto, is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Iowa Emergency Shelter Grants Program Agreement for the Domestic Violence Intervention Program. Z12- Resolution No. 96-212 Page 2 Passed and approved this 16th day of ,1111y , 1996. %»c� Q. �yl MAYOR Approved by ATTEST: �^ C/ f'�— Z -17 CITY CLERK City ttorney's Office jccoghsVesolutn\dvip.esg it was moved by Nor on and seconded by Kuhhv the Resolution be - adopted, and upon roll call there were: AYES: NAYS: ABSENT: X_ Baker X Kubby X Lehman X Norton Novick --x--- Thornberry — x Vanderhoef x_ i} I 1 i 1 h,4. e'1 � I EMERGENCY SHELTER GRANTS PROGRAM AGREEMENT Emergency Shelter Grants Program Agreement between the City of Iowa City (hereinafter referred to as the Grantee), and the Domestic Violence Intervention Program (DVIP) (hereinafter referred to as Provider) for the provision of related services and assistance to Grantee's Contract Number 96 -ES -006 with the State of Iowa Department of Economic Development (IDED). The Grantee shall make available to provide the sum of $19,000 (Nineteen Thousand dollars) in accordance with the terms and conditions of this contract, the grant contract agreement between the State of Iowa and the Grantee, attached hereto as Exhibit I, and in accordance to any subsequent provisions, requirements, and assurances promulgated by the State of Iowa that apply to said grant. Said subsequent requirements shall be specifically incorporated herein. Failure to adhere to the above mentioned requirements, provisions, and assurances shall cause this Agreement to be terminated at the discretion of the Grantee or State. It is agreed between the parties that this Agreement, with attachments, as written, is the full and complete agreement between the parties. 2. The Grantee shall be obligated to provide said grant funds to Provider only on the condition that said funds shall be available from the State of Iowa. Failure of the Grantee to receive grant funds from the State shall cause this Agreement to be terminated. 3. The Provider, its officers, agents, employees and assigns agree to hold the Grantee and the State of Iowa harmless from any and all liability, claims, damages and litigation arising from, or under the terms of this Agreement. 4. This Agreement shall be binding upon the Grantee and Provider, and neither shall assign or transfer its rights and responsibilities without prior written consent of the other. However, the Grantee shall not transfer any ultimate fiscal responsibilities including: authority to request funds, authorization of activity status reports or final audit. 5. This Agreement shall be governed by the laws of the State of Iowa. In the event any provisions of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 6. The terms and conditions of this Agreement may only be amended or supplemented by written agreement of both parties and, when necessary, with State concurrence. Such amendments include any deviation from the Iowa -Grantee Program Schedule and Budget. 7. The Grantee shall be responsible for and adhere to the following. Noncompliance may be grounds for Grantee canceling, terminating or suspending this Contract. The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601-19 and implementing regulations; Executive Order 11063 and implementing regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2002d-1) and implementing regulations issue at 24 CFR Part 1. ?JZ t r I 1 b. The prohibitions against discrimination on the basis of age under the Age 1 Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against discrimination against handicapped individuals under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). C. The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60. d. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701 u. e. The requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders, the Provider must make efforts to !" encourage the use of the minority and women's business enterprises in connection with activities funded under this part. f. The requirements of the Anti -Drug Abuse Act of 1988 (P.L. 100-690). The Provider will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. g. Compliance with OMB Circulars A-87 and A-128 regarding Cost Principles and Uniform Audit requirements. h. Prohibited use of debarred, suspended or ineligible contractors as required under j 24 CFR Part 24. 8. The Provider shall provide uncontested access to Contract related records by any appropriate federal or state agents, and retain said records for no less than three (3) years after the Iowa Department of Economic Development's close-out acceptance. j This includes any financial, procurement, and local match records required for the Grantee's close-out and audit. 9. This Contract shall terminate on the expiration date of the Iowa Department of Economic Development contract, unless otherwise modified in writing herein. This AgreeXe t shal e effe tive upon the signature of all parties. I K r f ,3 By: By: ' Pro Ch r Chi6f Elec d Official Attest: Attest: Executive Director Cle r' Date:Cllt_�ep-6 l Date: July 16, 1996 ppdcdbg\dvipesg.agt Approve 2 — Z Attorney's Office +' ` Zl2- % d MM Prepared by: Steven Nashby, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5248 RESOLUTION NO. 96-213_ - RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND YOUTH HOMES, INC. FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, Youth Homes, Inc. is an agency which provides emergency shelter and related assistance to homeless youth; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, Hawkeye Area Community Action Program, Greater Iowa City Housing Fellowship, and Youth Homes, Inc.; and WHEREAS, the Youth Homes, Inc.'s funding Agreement incorporates the Agreement between the City and the Iowa State Department of Economic Development (96 -ES -006), approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement for Iowa Emergency Shelter Grants Program funding of Youth Homes, Inc., a copy of which is attached hereto, is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Emergency Shelter Grants Program Agreement for Youth Homes, Inc. «� 213 t Resolution No. 96-213 Page 2 Passed and approved this 16th day of July 1996. MAYOR Applpved by ATTEST: 'c-) —12A L 01 CI CLERK City Attorney's Office jccoghs\resolutn\yhLesg ze Resolution No. QA -91 i 3 Page 3 ¢ Y It was moved by Norton and seconded by Kubby the Resolution be w adopted, and upon roll call there were: AYES: NAYS: ABSENT: a Baker X X Kubby X Lehman X Norton } Novick ? Thornberry a _x_ x_ Vanderhoef ; ! 'P y, f y 4Y t 1� 1 / ,•K Y . _ '4- �yW,:i.J.L_ •H I .1i1..-.'44Yr>:C'J:1.. - jl I EMERGENCY SHELTER GRANTS PROGRAM AGREEMENT t Emergency Shelter Grants Program Agreement between the City of Iowa City (hereinafter referred to as the Grantee), and Youth Homes, Inc. (hereinafter referred to as Provider) for the J:; provision of related services and assistance to Grantee's Contract Number 96 -ES -006 with the State of Iowa Department of Economic Development (IDED). 1 1. The Grantee shall make available to provide the sum of $21,600 (Twenty-one -' thousand Four hundred dollars) in accordance with the terms and conditions of this / contract, the grant contract agreement between the State of Iowa and the Grantee, attached hereto as Exhibit I, and in accordance to any subsequent provisions, requirements, and assurances promulgated by the State of Iowa that apply to said grant. Said subsequent requirements shall be specifically incorporated herein. Failure to adhere to the above mentioned requirements, provisions, and assurances shall cause this Agreement to be terminated at the discretion of the Grantee or State. It is agreed between the parties that this Agreement, with attachments, as written, is the full and complete agreement between the parties. 2. The Grantee shall be obligated to provide said grant funds to Provider only on the condition that said funds shall be available from the State of Iowa. Failure of the Grantee to receive grant funds from the State shall cause this Agreement to be ! terminated. 3. The Provider, its officers, agents, employees and assigns agree to hold the Grantee and the State of Iowa harmless from any and all liability, claims, damages and litigation 1 arising from, or under the terms of this Agreement. 4. This Agreement shall be binding upon the Grantee and Provider, and neither shall assign or transfer its rights and responsibilities without prior written consent of the other. However, the Grantee shall not transfer any ultimate fiscal responsibilities { including: authority to request funds, authorization of activity status reports or final audit. 5. This Agreement shall be governed by the laws of the State of Iowa. In the event any provisions of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 6. The terms and conditions of this Agreement may only be amended or supplemented by written agreement of both parties and, when necessary, with State concurrence. Such amendments include any deviation from the Iowa -Grantee Program Schedule and Budget. 7. The Grantee shall be responsible for and adhere to the following. Noncompliance may be grounds for Grantee canceling, terminating or suspending this Contract. a. The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601- 19 and implementing regulations; Executive Order 11063 and implementing regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2002d-1) and implementing regulations issue at 24 CFR Part 1. z13 d. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701 u. e. The requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders, the Provider must make efforts to encourage the use of the minority and women's business enterprises in connection with activities funded under this part. f. The requirements of the Anti -Drug Abuse Act of 1988 (P.L. 100-690). The Provider will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. g. Compliance with OMB Circulars A-87 and A-128 regarding Cost Principles and Uniform Audit requirements. In. Prohibited use of debarred, suspended or ineligible contractors as required under 24 CFR Part 24. 8. The Provider shall provide uncontested access to Contract related records y any a ;i appropriate federal or state agents, and retain said records for no less than three (3) f years after the Iowa Department of Economic Development's close-out acceptance. This includes any financial, procurement, and local match records required for the Grantee's close-out and audit. 9. This Contract shall terminate on the expiration date of the Iowa Department of Economic Development contract, unless otherwise modified in writing herein. S Fr This Agreement shall be.R fecti a upon the signature of all parties. fj i By: By: ( Pro der C it Ch of Ele , d fficial k l Attest: Attest: s • � Il � ecutive Director Clerk Date: ?/i✓�(g� Date: July 16 1996 ppdcdbg\youthESG.agt na +. BN F 2 APA -12 41 1 N,22iz= City Attorney's Office r g s;, q$ I' iqr 2- F�; a,J , Prepared by: Steven Nasby, Assoc. Planner, 410 E. Washington St., Iowa City IA 52240 (319)356-5248 RESOLUTION NO. 96-214 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE GREATER IOWA CITY HOUSING FELLOWSHIP FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, the Greater Iowa City Housing Fellowship is an agency which provides shelter and related assistance to those who are homeless; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support of the Domestic Violence Intervention Program, the Emergency Housing Project, Hawkeye Area Community Action Program, Greater Iowa City Housing Fellowship, and Youth Homes, Inc.; and WHEREAS, the Greater Iowa City Housing Fellowship's funding Agreement incorporates the Agreement between the City and the Iowa State Department of Economic Development (96 - ES -006), approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 A: Resolution No.gF-iia Page 1 It was moved by Norton and seconded by Kubby the Resolution be adopted, and upon roll call there were: ii AYES: NAYS: ABSENT: `�✓ ;�' X_. Baker x _ Kubby }_ Lehman X Norton X Novick Thornberry Vanderhoef X__ a' i t Ix 1' I f r � x�- ' �.. ' �,;� y\u _:. � `• ".fit r�?i_i v. `�'`� i, i f ...5� t°I;u ., �,�A :c -:. �..,.�. 1. The Grantee shall make available to provide the sum of $5,000 (Five thousand dollars) in accordance with the terms and conditions of this contract, the grant contract agreement between the State of Iowa and the Grantee, attached hereto as Exhibit I, and r in accordance to any subsequent provisions, requirements, and assurances promulgated by the State of Iowa that apply to said grant. Said subsequent requirements shall be specifically incorporated herein. Failure to adhere to the above mentioned requirements, , provisions, and assurances shall cause this Agreement to be terminated at the discretion of the Grantee or State. It is agreed between the parties that this Agreement, with attachments, as written, is the full and complete agreement between the parties. 2. The Grantee shall be obligated to provide said grant funds to Provider only on the ' r condition that said funds shall be available from the State of Iowa. Failure of the Grantee to receive grant funds from the State shall cause this Agreement to be } terminated. 3. The Provider, its officers, agents, employees and assigns agree to hold the Grantee and 2 the State of Iowa harmless from any and all liability, claims, damages and litigation f arising from, or under the terms of this Agreement. 4. This Agreement shall be binding upon the Grantee and Provider, and neither shall assign or transfer its rights and responsibilities without prior written consent of the other. However, the Grantee shall not transfer any ultimate fiscal responsibilities including: iii authority to request funds, authorization of activity status reports or final audit. \� I 5. This Agreement shall be governed by the lavvs of the State of Iowa. In the event any provisions of this Agreement shall be held invalid or unenforceable by any court of y competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. ' s 1`s 6. The terms and conditions of this Agreement may only be amended or supplemented by written agreement of both parties and, when necessary, with State concurrence. Such amendments include any deviation from the Iowa -Grantee Program Schedule and Budget. I 7. The Grantee shall be responsible for and adhere to the following. Noncompliance may t be grounds for Grantee canceling, terminating or suspending this Contract. i r a. The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601-19 } and implementing regulations; Executive Order 11063 and implementing regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 3 s ;,i U.S.C. 2002d-1) and implementing regulations issue at 24 CFR Part 1. �. C. The requirements of Executive Order 11246 and the regulations issueu u,1u 1 the Order at 41 CFR Chapter 60. d. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u. e. The requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders, the Provider must make efforts to encourage the use of the minority and women's business enterprises in connection with activities funded under this part. f. The requirements of the Anti -Drug Abuse Act of 1988 (P.L. 100-690). The Provider will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. g. Compliance with OMB Circulars A-87 and A-128 regarding Cost Principles and Uniform Audit requirements. h. Prohibited use of debarred, suspended or ineligible contractors as required under 24 CFR Part 24. 8. The Provider shall provide uncontested access to Contract related records by any appropriate federal or state agents, and retain said records for no less than three (3) years after the Iowa Department of Economic Development's close-out acceptance. This includes any financial, procurement, and local match records required for the Grantee's close-out and audit. 9. This Contract shall terminate on the expiration date of the Iowa Department of Economic Development contract, unless otherwise modified in writing herein. This Agreement shall be effective upon the signature of all parties. By: By: Provider Chair Chi4f Ele ed official AttestAttest: Execuo Clerk Date: Date: July 16, 1996 PP dcdbggichfESG.agt - 40APPf By tf� City Attomey's Office Z /Y Passed and approved this 16th day of July 1996. i� MAYOR T— L Appro Y L -7->a-- f N ATTEST: 7'Lrr�®�,i� 7C 7�at�t� CIT CLERK City Attorney's Office 9 jccoghs\resolutn\hacap.esg l 2/S Prepared by: Steven Nasby, Assoc. Planner, 410 E. Washington St., Iowa City IA 52240 (319)356-5248 RESOLUTION NO. q(,_915 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA 1 CITY AND HAWKEYE AREA COMMUNITY ACTION PROGRAM FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME. WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless people in Iowa City; and WHEREAS, Hawkeye Area Community Action Program is an agency which provides shelter and related assistance to those who are homeless; and I I WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa Emergency Shelter Grants Program funding available to the City of Iowa City for the support } of the Domestic Violence Intervention Program, the Emergency Housing Project, Hawkeye 1 Area Community Action Program, Greater Iowa City Housing Fellowship, and Youth Homes, Inc.; and WHEREAS, the Greater Iowa City Housing Fellowship's funding Agreement incorporates the Agreement between the City and the Iowa State Department of Economic Development (96 - ES -006), approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: } _ � 1. The Agreement for Iowa Emergency Shelter Grants Program funding of Hawkeye Area F O ' Community Action Program a copy of which is attached hereto, is hereby approved. a } 2. The Mayor is hereby authorized to execute and the City Clerk to atte$t the Iowa a i Emergency Shelter Grants Program Agreement for Hawkeye Area Community Action Program. Passed and approved this 16th day of July 1996. i� MAYOR T— L Appro Y L -7->a-- f N ATTEST: 7'Lrr�®�,i� 7C 7�at�t� CIT CLERK City Attorney's Office 9 jccoghs\resolutn\hacap.esg l 2/S Resolution No. qFi_?1 ti Page e It was moved by Lehman and seconded by Norton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: X Baker Kubby X X Lehman X Norton Novick — x Thornberry —x Vanderhoef x_ 215 a 1 �I EMERGENCY SHELTER GRANTS PROGRAM AGREEMENT Emergency Shelter Grants Program Agreement between the City of Iowa City (hereinafter referred to as the Grantee), and Hawkeye Area Community Action Program (hereinafter referred to as Provider) for the provision of related services and assistance to Grantee's Contract Number 96 -ES -006 with the State of Iowa Department of Economic Development (IDED). 1. The Grantee shall make available to provide the sum of $12,000 (Twelve thousand dollars) in accordance with the terms and conditions of this contract, the grant contract agreement between the State of Iowa and the Grantee, attached hereto as Exhibit I, and in accordance to any subsequent provisions, requirements, and assurances promulgated by the State of Iowa that apply to said grant. Said subsequent requirements shall be specifically incorporated herein. Failure to adhere to the above mentioned requirements, provisions, and assurances shall cause this Agreement to be terminated at the discretion of the Grantee or State. It is agreed between the parties that this Agreement, with attachments, as written, is the full and complete agreement between the parties. 2. The Grantee shall be obligated to provide said grant funds to Provider only on the condition that said funds shall be available from the State of Iowa. Failure of the Grantee to receive grant funds from the State shall cause this Agreement to be terminated. 3. The Provider, its officers, agents, employees and assigns agree to hold the Grantee and the State of Iowa harmless from any and all liability, claims, damages and litigation arising from, or under the terms of this Agreement. 4. This Agreement shall be binding upon the Grantee and Provider, and neither shall assign or transfer its rights and responsibilities without prior written consent of the other. However, the Grantee shall not transfer any ultimate fiscal responsibilities including: authority to request funds, authorization of activity status reports or final audit. 5. This Agreement shall be governed by the laws of the State of Iowa. In the event any provisions of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 6. The terms and conditions of this Agreement may only be amended or supplemented by written agreement of both parties and, when necessary, with State concurrence. Such amendments include any deviation from the Iowa -Grantee Program Schedule and Budget. 7. The Grantee shall be responsible for and adhere to the following. Noncompliance may be grounds for Grantee canceling, terminating or suspending this Contract. a. The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601- 19 and implementing regulations; Executive Order 11063 and implementing regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2002d-1) and implementing regulations issue at 24 CFR Part 1. encourage Ene use v, ••••• - - connection with activities funded under this part. / f. The requirements of the Anti -Drug Abuse Act of 1988 (P.L. 100-690). The Provider will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. g, -87 and A-128 regarding Cost Principles and Compliance with OMB Circulars A Uniform Audit requirements. h. Prohibited use of debarred, suspended or ineligible contractors as required under 24 CFR Part 24. 8, The Provider shall provide uncontested access to Contract related records by any appropriate federal or state agents, and retain said records for no less than three (3) years after the Iowa Department of Economic Development's close-out acceptance. This includes any financial, procurement, and local match records required for the Grantee's close-out and audit. 9. This Contract shall terminate on the expiration date of the Iowa Department of Economic Development contract, unless otherwise modified in writing herein. This Agreement shall be effective upo the signature of all parties. By: By. ner air Chi f Eler d fficial �t t fr Attest: Attest: Clerk Executive Director 41 Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 96-216 1 RESOLUTION APPROVING FINAL PLAT OF SADDLEBROOK ADDITION, PART 1, IOWA CITY, IOWA. WHEREAS, the owner, Lake Calvin Properties, filed with the City Clerk the final plat of Saddlebrook Addition, Part 1, Iowa City, Iowa, Johnson County, Iowa; and 1 WHEREAS, said subdivision is located on the following -described real estate in -Iowa City, Johnson County, Iowa, to wit: A portion of NW '/4, Section 25; the W '/z SE A, Section 25, except the east 660.05 feet' thereof; the W % SE 1/4, Section 24 lying south of Highway No. 6 (formerly Lower Muscatine Road, formerly Wyoming Road), except the east 660.05 feet thereof; and the east 25 feet of the E %2 SW '/4, Section 24 lying south of said Highway No. 6, all located in Twp. 79 N., R. 6 W., of the 5th P.M., Iowa City, Iowa being the same realty described in Book 1036 — Page 193 Johnson County Recorder's Office, described as follows: Beginning at a %" rebar set marking the common quarter corner between said Sections 24 and 25; thence S 88036'12" W — 25.00 feet along the south line of said Section 24 to a 6/e" rebar set at the SE corner of Bon Aire Mobile Home Lodge as described in Book 1035 —Page 422 and Plat Book 2 — Page 127 which point also marks the Point of Beginning of the parcel herein described; thence N 00°05'24" W — 1627.67 feet (recorded 1622.1 1 feet) along the west line of said j east 25 feet of the E %2 SW %4, Section 24 which line is also the east boundary of said Bon ` Aire realty to a %" rebar set on the southerly ROW line of said Highway No 6 as described in Book 226 — Page 515; i ! thence Southeasterly — 330.34 feet a!ong said ROW line along a 5789.58 foot radius curve, concave northeasterly, with a central angle of 03016'09" and a chord of S 59125'31 " E — 330.29 feet to a %" rebar set 60 feet normal to P.T. Sta. 288 + 17.4; thence S 61 003'35" E — 464.44 feet along said ROW line to a %" rebar set marking the i I intersection with the west line of said east 660.05 feet of the W % SE A, Section 24; 4 &�) thence S 00 ° 17'37" W — 987.51 feet along said west line of the east 660.05 feet of the W SE '/4, Section 24 to a set 6/e" rebar; thence N 89051'28" W — 263.47 feet to a 6/a" rebar set on the easterly ROW line of Heinz Road; Z" � b thence S 69°28'51 " W — 100.00 feet to a 6/a" rebar set on the westerly ROW line of said Heinz Road; thence S 20031'09" E — 129.30 feet to a set %" rebar; thence southeasterly 376.18 feet along a 967.00 foot radius curve, concave southwesterly, with a central angle of 22017'21 " and a chord of S 09022'28" E — 373.82 feet to a set W, rebar; thence S 01 °46'13" W — 114.19 feet to a set %" rebar; thence southeasterly — 236.10 feet along a 533.00 foot radius curve, concave northeasterly, with a central angle of 25022'49" and a chord of S 10055'12" E — 234.18 feet to a set W, rebar; thence S 67001'36" W — 33.10 feet to a set %" rebar; thence westerly — 903.89 feet along a 1457.50 foot radius curve, concave northerly with a central angle of 35 031'58" and a chord of S 84047'35" W — 889.47 feet to a set W, rebar; thence N 77026'26" W — 238.75 feet to a set 5/a" rebar; thence westerly — 304.75 feet along a 1542.50 foot radius curve, concave southerly, with a central angle of 11 019'11 " and a chord of N 83006'01 " W — 304.25 feet to a set W, rebar; thence N 88°45'37" W — 487.49 feet to a set 5/a" rebar; thence N 00009'02" W — 865.42 feet to a 6/e" rebar set on the north line of said NW A, Section 25; thence N 88021'05" E — 86.03 feet along said north line of the NW A, Section 25 to a W, rebar found marking the southwest corner of said Bon Aire realty; thence N 88036'12" E — 1290.05 feet along said north line of the NW %a, Section to the Point of Beginning. Said Saddlebrook Addition, Part 1 contains 62.249 Acres, more or less. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and NAt' /t WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1995) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The City Council hereby finds that, due to the unusual characteristics of the Subdivision coupled with the uncertain location of the east -west parkway, the general requirement of financial guarantees and/or escrows for the future construction of the southern extension of Heinz Road and the future construction of sidewalk adjacent to the southerly and easterly lines of Lot 4 of the Subdivision results in an undue burden being placed on the Subdivision by reason of excessive costs. Therefore, pursuant to Iowa City Code Section 14 -7A -7D, the City Council of Iowa City hereby approves the waiver of the general requirement of a finanacial guarantee and/or escrow for certain improvements in said Subdivision, accepting in lieu thereof, the attached "Agreement and Covenant in Lieu of Escrow", which shall be executed and recorded in accord with paragraph 4 below. 4. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk is also hereby further directed to record the legal documents and the plat in the office of the County Recorder of Johnson County, Iowa at owner's expense. Passed and approved this 16t3day of 1111y , 1996. "" MAYOR LrA�ped by ATTEST: torne�c' ice C� CITY �l.Efs►:. � ppdadmin\saddlabraas - t c; i r � S � _z '+."' t , .� zf' n �: � °L. -; rr `+ � - r o-- ✓• .i _; i""k r+i - �� µ Resolution No. 96-216 Page 4 a. s: It was moved by Kijhhv and seconded by I ahman the Resolution be E z adopted, and upon roll call there were: ; ' AYES: NAYS: ABSENT: V ;' _x Baker X Kubby X Lehman Norton Novick Thornberry Vanderhoef s _X_ i1 v f i \1 Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 96-217 RESOLUTION APPROVING FINAL SITE PLAN OF LOTS 3 AND 4, SADDLEBROOK i ADDITION, PART 1, IOWA CITY, IOWA. WHEREAS, in accordance with Iowa City Code Article 14-4D, the owner, Lake Calvin Properties, filed with the City Clerk the final site plan of Saddlebrook, Lots 3 and 4, a Manufactured Housing Park, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said site plan is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Lots 3 and 4 Saddlebrook Addition, Part 1, Iowa City, Iowa. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final site plan, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final site plan and recommended that said final site plan be accepted and approved; and '. WHEREAS, said final site plan is found to conform with the design requirements set forth in Article 14-413 of the City Code, entitled "Manufactured Housing Parks", and all other state and local \ requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, i THAT: 1. The final site plan located on the above-described real estate be and the same is hereby approved. � 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, I ' upon approval by the City Attorney, to execute all legal documents relating to said site plan, and to certify a copy of this resolution, which shall be affixed to the final site plan after passage a and approval by law. The City Clerk is also hereby directed to record the legal documents and s i r the final site plan in the office of the County Recorder of Johnson County, Iowa, at the r Owner's expense. a _ , i Passed and approved this 16th day of July 1996. 2173 ?AGE 210 Q Cj Resolution No. q6-917 Page q e It was moved byand seconded by Norton the Resolution be adopted, and upon roll ca. I there were: AYES: NAYS: ABSENT: x_ Baker X Kubby X Lehman X Norton X__ Novick x_ Thornberry xVanderhoef Ms:. SEs 8 k Prepared by: Charles Schmadeke, Public Works Dir., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 96-218 i RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WELL HOUSE I IMPROVEMENTS PROJECT IN CONNECTION WITH THE WATER SUPPLY AND TREATMENT FACILITIES PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. K 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 13th day of August, 1996. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon { J. said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 27th day of August, 1996, or at such later time and I place as may then be fixed. Passed and approved this 16th day of ,1111 1996. jj MAYOR r , Approved by ATTEST: CEJ �1 l CITY -CLERK > City Attorney's Office pweng\we11hse2.res NOW Resolution No. 96-218 Page 2 e It was moved by Lehman and seconded by Thornberry the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby x— Lehman x Norton x— Novick x Thornberry X Vanderhoef W& Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5143 RESOLUTION NO. 96-219 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERIC TO ATTEST CONTRACT FOR CONSTRUCTION OF THE SOCCER SITE ACCESS ROAD PROJECT. WHEREAS, Peterson Contractors , of Reinbeck Iowa, has submitted the lowest responsible bid of $ 148,075. 00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Peterson Contractors , of Reinbeck , Iowa, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 16th day of July , 1996. MAYOR T �j Approved by ATTEST: CITI? CLERK AitAttorney's Office pF6 It was moved by Norton and seconded by Thornberry the Resolution be adopted, and upon roll call there were: pwang%socstepj.res AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Z(Z k,:5 P— (Z— Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5144 RESOLUTION NO. gr,_92n RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE IOWA CITY LANDFILL FORCE MAIN PROJECT. WHEREAS, McAninch Corporation , of Des Moines Iowa, has submitted the lowest responsible bid of $ 226,938-80 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to McAni nch Corporation , of Des Moines , Iowa, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sigh and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 16th day of July 1996. MAYOR Approved by �i ATTEST: atit� O "/ r CITY'CLERK City Attorney's Office It was moved by Kubhy and seconded by Vandprhnpf the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Baker X Kubby X Lehman X Norton _x Novick x— Thornberry x— Vanderhoef pweng\Icfrcmn.res ZZz;p i Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5144 RESOLUTION NO. 96-221 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE ABBEY LANE SANITARY SEWER PROJECT, WHEREAS, Hur-t R 4nnc Contractors, of WatPrino Iowa, has submitted the lowest responsible bid of S 104.766.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Hurst & Sons Contractors ,of Waterloo , Iowa, subject tothe condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 16th day of July , 1996. MAYOR Approved by y ATTEST RS 71"• C. CITY -CLERK LERK ity Attorney's Office It was moved by Thnrnhprry and seconded by Norton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton —x Novick _ x Thornberry x Vanderhoef pweng\abbysswr.res ash 3 v �t J i Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5144 RESOLUTION NO. 96-221 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE ABBEY LANE SANITARY SEWER PROJECT, WHEREAS, Hur-t R 4nnc Contractors, of WatPrino Iowa, has submitted the lowest responsible bid of S 104.766.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Hurst & Sons Contractors ,of Waterloo , Iowa, subject tothe condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 16th day of July , 1996. MAYOR Approved by y ATTEST RS 71"• C. CITY -CLERK LERK ity Attorney's Office It was moved by Thnrnhprry and seconded by Norton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton —x Novick _ x Thornberry x Vanderhoef pweng\abbysswr.res ash NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Funding Agreements between the City of Iowa City and Big Brothers and Big Sisters; the Crisis Center; the Domestic Violence Intervention Program; the Emergency Housing Project; Iowa Center for AIDS Resources and Education; Mayor's Youth Employment; Neighborhood Centers of Johnson County; Rape Victim Advocacy Program; American Red Cross; and United Action for Youth, copies of which are attached hereto and made a part hereof by this reference, are hereby approved. �ZZ 4 I 4 Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5242 RESOLUTION NO. 96-222 II I .: RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID -TO -AGENCY FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: BIG I BROTHERS AND BIG SISTERS ($33,600); CRISIS CENTER ($33,000); + DOMESTIC VIOLENCE INTERVENTION PROGRAM ($46,000); EMERGENCY I HOUSING PROJECT ($7,500); IOWA CENTER FOR AIDS RESOURCES AND EDUCATION ($9,200); MAYOR'S YOUTH EMPLOYMENT ($36,000); NEIGHBORHOOD CENTERS OF JOHNSON COUNTY ($49,000); RAPE VICTIM ADVOCACY PROGRAM ($12,500); AMERICAN RED CROSS ($4,510); AND UNITED ACTION FOR YOUTH ($30,240). WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist and support its residents; and WHEREAS, the City Council of Iowa City, Iowa, recognizes the need for human service ' support in the Iowa City community; and WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into such �., contracts and agreements; and WHEREAS, the City of Iowa City, Iowa has negotiated funding agreements with Big Brothers and Big Sisters; the Crisis Center; the Domestic Violence Intervention Program; the Emergency Housing Project; Iowa Center for AIDS Resources and Education; Mayor's Youth Employment; Neighborhood Centers of Johnson County; Rape Victim Advocacy Program; American Red Cross; and United Action for Youth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Funding Agreements between the City of Iowa City and Big Brothers and Big Sisters; the Crisis Center; the Domestic Violence Intervention Program; the Emergency Housing Project; Iowa Center for AIDS Resources and Education; Mayor's Youth Employment; Neighborhood Centers of Johnson County; Rape Victim Advocacy Program; American Red Cross; and United Action for Youth, copies of which are attached hereto and made a part hereof by this reference, are hereby approved. �ZZ It was moved by Kubby and seconded by Lehman the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Kubby x Lehman x Norton x Novick x Thornberry x Vanderhoef Jccof)hs\fund2.res 22Z r dly;- - r "v Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240; (319)356- 5242 AGREEMENT THIS AGREEMENT, made and entered into on this 16th day of July 1996, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and Big Brothers/Big Sisters of Johnson County ('Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To.discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, handicap status, or gender identity. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, arital status, sexual orientation, disability, handicap status, or gender sedc6 nT Ty. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, gender identity or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide a program whereby youths between 6 and 14 years of age are matched with adult volunteers who will provide guidance and companionship. Details of services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY97. �lfl`I 11. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $33,600 to assist Recipient in paying the salaries of the Executive Director and Caseworkers of the Big Brothers/Big Sisters Program. B. The City shall transfer the funds to Recipient in quarterly payments of $8,400.00 each. The first payment will be made on July 15, 1996. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. Yya.` i III. GENERAL ADMINISTRATIOPI A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1997, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding the methods used in such visits and surveys. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and, shall terminate on June 30, 1997, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. M For the City of Iowa City, Iowa: nd NAAOOI it J. N ICI', MAYOR ATTEST:' p /L MAR'rAN K. KARR, CITY CLERK A oved as t rm !/JA:),U)k — 1, City Attorney's Office contractbb-bs For Big Brothers/Big Sisters of Johnson County: NAME TITLE ATTEST* NAME TITLE I I `I, Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240; (319)356- 5242 AGREEMENT THIS AGREEMENT, made and entered into on this 16th day of July 1996, i I by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Crisis Center ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual ! orientation, disability, handicap status , or gender identity. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, handicap status, or gender identity. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, gender identity orhandicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES j { During the term of this Agreement, Recipient shall provide assistance to individuals, including (I but not limited to: short-term crisis counseling, and information and referral services; r;r emergency transportation and food for local residents; and assistance_ with. emergency shelter, N food and transportation for non-residents of the Iowa City area. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY97. t i 2 GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1997, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or surrey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1997, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. zzz 3 For the City of Iowa City, Iowa: NAO[VII J. NQVICKt MAYOR ATTEST: j �e�Qiyt� 7r. MARTAN K. KARR, CITY CLERK A oved as to Form l � City Attorney's Office contracAiccic For the Crisis Center: �2L A4" NAME '"YlpCvT1v2 9i/'c�"04 TITLE ATTEST: NAME TITLE 222. I Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240; (319)356- 5242 AGREEMENT THIS AGREEMENT, made and entered into on this 16th day of July 11996, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Domestic Violence Intervention Program ("Recipient'). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, handicap status, or gender identity. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, handicap status, or gender identity. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, gender identity or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide assistance to individuals who are victims of domestic violence, such assistance to include but not be limited to: temporary shelter and food, counseling and emotional support, and, advocacy,_in,.referral to community resources. Details of the services to be provided are outlined in the Recipients Program Information and Goals and Objectives Statement for FY97. If. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $46,000 to assist Recipient in meeting its operating expenses. B. The City shall transfer the funds to Recipient in quarterly payments of $11,500.00 each. The first payment will be made on July 15, 1996. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. ! 22ZL;: GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1997, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties -and shall terminate on June 30, 1997, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. Z2Z f � n 2 GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1997, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties -and shall terminate on June 30, 1997, except as provided herein. V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. Z2Z v 3� For the City of Iowa City, Iowa: NA MI J. V( K, "MAYOR ATTEST: i%)�� MARbkN K. KARR, CITY CLERK Approved as orm' ,& City Attorney's Office contract\dvip K For the Domestic Violence Intervention Program: NAME TITLE ATTEST: Q NAME TITLE Z? --L ti. Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5242 AGREEMENT THIS AGREEMENT, made and entered into on this 16th day of July , 1996, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Emergency Housing Project ("Recipient")• This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, - handicap status, or gender identity. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, handicap status, or gender identity. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, gender identity or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide assistance to homeless persons, both local and transient, including but not limited to: temporary emergency shelter and food, and referral to community resources. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for 1997. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $7,500 to assist Recipient in meeting its operating expenses. B. The City shall transfer the funds to Recipient in quarterly payments of $1,875.00 each. The first payment will be made on July 15, 1996. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION 22Z M, V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: For the Emergency Housing Project: NAO 1 J. VI K, MAYOR NAME ATTEST: l MARIAN K. KARR,'CITY CLERK TITLE Approved as to Form ATTEST: City Attorney's Office NAME 22Z W �a fY f f't Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5242 AGREEMENT THIS AGREEMENT, made and entered into on this 16th day of July , 1996, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Iowa Center for AIDS/ARC Resources & Education ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, handicap status , or gender identity. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, = handicap status, or gender identity. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, gender identity orhandicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient shall provide assistance to individuals with HIV seropositivity: (HIV) or AIDS, and to their families and loved ones. This assistance shall include . emotional, financial and material support. Recipient shall also provide educational services and materials to the general community, high risk groups, and persons with HIV or AIDS to increase awareness and decrease high risk behaviors. Details of the services to be provided are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY97. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $9,200 to assist Recipient in meeting its operating expenses. B. The City shall transfer the funds to Recipient in quarterly payments of $2300.00 each. The first payment will be made on July 15, 1996. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. 22Z GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1997, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1997, except as provided herein. 22� 3 V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the Iowa Center for For the City of Iowa City, Iowa: AIDS/ARC Resources & Education: /'z"W4 NAONAI J. N(VICK, MAYOR NAME ATTEST: TITLE MARIAN K. KARR, CITY CLERK � roved as to Form ATTEST: lv City Attorney's Office NAME contmcftds-am W-Pl( WWI' A 22? a Z4 Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5242 AGREEMENT I THIS AGREEMENT, made and entered into on this 16th day of July 1996, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Mayor's Youth Employment Program ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, handicap status., or gender identity. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, :.. handicap status, or gender identity. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, gender i denti ty or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES ry During the term of this Agreement, Recipient agrees to provide meaningful employment within 71 public and private non-profit agencies for youth between the ages of 14 and 21 who are socially or economically disadvantaged. Recipient shall also provide job training, vocational and career counseling, and related assistance to youth to develop positive work habits so that future I employment opportunities will be enhanced. Recipient agrees to refer youth to appropriate agencies and programs in accordance with their needs. Recipient also agrees to assist youth who are not eligible for its programs to secure employment in the private sector through 3 referral. Details of these services are outlined in Recipient's Information and Goals and L Objectives Statement for FY97. z_; II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the .j sum of $36,000 to assist Recipient in meeting its expenses for the operation of i the programs described herein. N B. The City shall transfer the funds to Recipient in quarterly payments of $9,000.00 each. The first payment will be made on July 15, 1996. Subsequent payments k will be made on the 15th day of the month following the end of each calendar quarter. ,1. 2 III. GENERAL ADMINISTRATION r A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1997, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surreys. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM .._.._... This Agreement shall commenceupon execution by the parties, and shall terminate on June 30, 1997, except as provided herein. ,a; 3 V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. 17- P - a 2 2 ?- 1" For the Mayor's Youth For the City of Iowa City, Iowa: Employment Program: Z317d NAME NA MI J.(PdOVt—K, MAYOR A"ved as to rF_orm TITUE City Attorney's Office ATTEST: ATTEST: ok,.,z� X, 7 MARIAN K. KARR, CITY CLERK NAME W4,4- TITLE7 contract%myep2 17- P - a 2 2 ?- 1" 356-5242 AGREEMENT THIS AGREEMENT, made and entered into on this 16th day of July , 1996, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and Neighborhood Centers of Johnson County ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, -. handicap status, or gender identity. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, handicap status , or gender identity. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, gender identity or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to enhance a spirit of community and provide a wholesome environment by providing a recreational and community support program to residents of the Pheasant Ridge and Broadway Street neighborhoods, as detailed in the Recipient's Program Information and Goals and Objectives Statement for FY97. Il. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $49,000 which shall be allocated for operating expenses of the programs of the Pheasant Ridge and Broadway Street Neighborhood Centers. B. The City shall transfer the funds to Recipient in quarterly payments of $12,250- .00 each. The first payment will be made on July 15, 1996. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. 2 III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1997, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. 1 S 2 III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1997, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. M, 3 V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For Neighborhood Centers of For the City of Iowa City, Iowa: Johnson County: NAM NAO I J. NOVI, MAYOR ATTEST:' 9� TITLE MA AN K' •KA(2R, CITY CLERK Ap /o�v_ed�',a,/s to For ATTEST: .� \ City Attorney's Office NAME F;SCCA monUC TITLE =nlracNnghdcVa 22 2 Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5242 AGREEMENT THIS AGREEMENT, made and entered into on this 16th day of July 1996, J by and between the City of Iowa City, Iowa, a municipal corporation ("City'), and the Rape Victim Advocacy Program ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: -" a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, handicap status, or gender identity. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, ~ handicap status, or gender "-' identity. { - 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, gender identity or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I I. SCOPE OF SERVICES � During the term of this Agreement, Recipient will provide. emergency services for all victims of i s sexual assault, including counseling, medical and law enforcement advocacy intervention, and ;A referral to other agencies. Community education will be provided, including current statistics . + } 1' I and information on sexual crimes and prevention. Details of the services to be provided are i outlined in the Recipient's Program Information and Goals and Objectives Statement for FY97. g II. FUNDING Y A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $12,500 to assist Recipient in meeting its expenses for operation of the -` I )' programs described herein. B. The City shall transfer the funds to Recipient in quarterly payments of $3,125.00 _ each. The first payment will be made on July 15, 1996. Subsequent payments t will be made on the 15th day of the month following the end of each calendar quarter. f,,: 6 4 .. Y 2 GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. r B. On or before July 30, 1997, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any, such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1997, except as provided herein. 22 2 7 222 V. ASSIGNMENT is This Agreement may not be assigned by either party without prior written agreement of the other party. For the Rape Victim Advocacy For the City of Iowa City, Iowa: Program: ... ... . .. NAOl J. VICK,MAYOR NAME ATTEST: Agency Director Au� TITLE MA AN K-KARR, CITY CLERK roved as to For ATTEST: IE City Attorney's Office NAM Office Manager TITLE v contracftap -4! 7 222 Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA (319) 356- 5242 AGREEMENT THIS AGREEMENT, made and entered into on this 16th day of July 1996, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Johnson County Office of the Grant Wood Area Chapter of the American Red Cross ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, • handicap status, or gender identity. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, ..::handicap status., or gender identity. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, gender identity or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide services to alleviate suffering caused by natural or man-made disasters by providing immediate and longer-term assistance to disaster victims in Johnson County. This includes offering, when personal resources are not available, immediate shelter, food, clothing, and needed medicines to Johnson County disaster victims. It also includes maintaining a program of pre- and post -disaster education to assist the residents of Johnson County with disaster self-help. Recipient will provide instruction in First Aid in order to promote personal safety and health awareness, and training in cardiopulmonary resuscitation (CPR) techniques. Details of the services to be provided are included in the Recipient's Program Information and Goals and Objectives Statement for FY97. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $4,510 with the agreement that these funds shall be allocated toward the disaster and safety programs of the Johnson County Office of the Grant Wood Area Chapter of the American Red Cross. ZZZ rq B. The City shall transfer the funds to Recipient in quarterly payments of $1,127.50 each. The first payment will be made on July 15, 1996. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1997, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1997, except as provided herein. 22,? 4 rq B. The City shall transfer the funds to Recipient in quarterly payments of $1,127.50 each. The first payment will be made on July 15, 1996. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1997, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1997, except as provided herein. 22,? V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the Johnson County Office of the Grant Wood Area Chapter of the For the City of Iowa City, Iowa: American Red Cross: I NA MI J. VOVIU, MAYOR NAM E ATTEST: ,,/ �jfQJ� TITLE' MA AN K. KARR, CITY CLERK A roved as to Fo ATT T: City Attorney's Office AME —tradVed"OSS TIT E Z2Z especially those who are alienated from traditional approaches to youth service, in identifying their individual needs and opportunities, and to facilitate meeting the same in the best interests of the individual with regard for the community. Further details of these services are outlined in the Recipient's Program Information and Goals and Objectives Statement for FY97. Specifically: 1 . Recipient agrees to plan and conduct a comprehensive Outreach Program to locate youth who are experiencing difficulty and to serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. The Outreach Program shall include the following components: t, L 7, 1 7 fl2 C. Develop trust and rapport with young people to enable the Outreach staff to F � effectively perform their duties. d. Maintain records of Outreach workers, including youth contacts, activities and `s referrals. e. Build and establish working relationships and communications with other agencies in the community. 2. Recipient agrees to provide appropriate Outreach services to youth as determined by individual needs. At a minimum, such services shall include: i i a. Street counseling through personal interaction in the youth environment, maintaining a relationship with individuals, assisting them in clarifying their current needs, and determining a course of action that is in their best interest. a 4 b. Crisis intervention by seeking out young people experiencing a crisis situation ' and being available to alleviate their current situation. f C. Identification and utilization of available referral services to assist young people 4 in meeting their needs or improving their current situation. d. Consultation with and referral of youth to other agencies in the community, remaining available as a resource when appropriate for individual youth. Written records of all referrals will be maintained. .', e. Follow-up on all Outreach provided to young people to evaluate individual i situations and determine if further assistance is needed. { 3. Recipient shall solicit and document ongoing feedback from clients, their families, and - - other agencies regarding the effectiveness of Outreach, including information regarding client needs, their level of trust and rapport with Recipient's staff, others' perceptions of Recipient's effectiveness, and service gaps among agencies. II. FUNDING t A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $30,240 to be used for general operating expenses of its programs. B. The City shall transfer the funds to Recipient in quarterly payments of $7,560.00 each. The first payment will be made on July 15, 1996. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. 22 Z 3 B. On or before July 30, 1997, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1997, except as provided herein. 02 Z 4 V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: For United Action for Youth, Inc.: NA MI J. IWOVIK, MAYORV/�A ME TITLE ATTEST: ATTEST: MA AN K. KARR, CITY CLERK NAME TITLE Aed as to For -��7->>, City Attorney's Office contracAuay 222 %)es -L Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5242 RESOLUTION NO. 96-223 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID -TO -AGENCY FUNDING BY THE CITY OF IOWA CITY, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: FREE MEDICAL CLINIC (55,180) AND HAWKEYE AREA COMMUNITY ACTION PROGRAM ($6,240). WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist and support its residents; and WHEREAS, the City Council of Iowa City, Iowa, recognizes the need for human service support in the Iowa City community; and WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into such contracts and agreements. WHEREAS, the City of Iowa City, Iowa has negotiated funding agreements with the Free Medical Clinic and the Hawkeye Area Community Action Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Funding Agreements between the City of Iowa City and the Free Medical Clinic and the City of Iowa City and Hawkeye Area Community Action Program, copies of which are attached hereto and made a part hereof by this reference, are hereby approved. Resolution No. Page 9 " I It was moved by Thornberry and seconded by Norton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: X Baker Kubby X _x_ Lehman ' X Norton X Novick Thornberry Vanderhoef Z23 Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5242 AGREEMENT THIS AGREEMENT, made and entered into on this 16th day of July 1996, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Hawkeye Area Community Action Program ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: 1. Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, handicap status, or gender identity. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, handicap statu,, or gender identity 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, gender identity or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide developmental programming for children of limited -income families who are aged three to school age. Such services shall include, but are not limited to: support for the families, pre-school educational activities, health/nutrition screening, and follow-up services. Details of the services to be provided are outlined in the Program Information and Goals and Objectives Statement portions of Recipient's request for FY97 City funding. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $6,240 to assist Recipient in meeting its operating expenses. B. The City shall transfer the funds to Recipient in quarterly payments of $1,560.00 each. The first payment will be made on July 15, 1996. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. 223 2 GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar quarter, Recipient will submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. B. On or before July 30, 1997, Recipient will provide to the City an annual accounting report describing, at a minimum, the uses of funds received a hereunder. C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, r records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning j persons using Recipient's services. Site visits and participant surveys shall be done only after consultation with Recipient's director regarding methods used in said visits and surveys. D. The City's sole responsibility hereunder shall be to provide the funds to Recipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, ` neither the City nor any officer, employee, or agent of the City shall have t authority to direct the manner or means by which Recipient conducts its activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM This Agreement shall commence upon execution by the parties and shall -terminate on June y 30, 1997, except as provided herein. I � 5 2 23 �� 3 V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the Hawkeye Area Community For the City of Iowa City, Iowa: on Program: NAO I J. til , MAYOR NAME ATTEST: -� � �/ �fC✓�.ur/7VC (.Yt��i� TITLE MARIAN K. KARR, CITY CLERK Ap oved as to AGan ATTEST: City Attorney's Office NAM , l)ns�m � o-cl contract\hacap TITLE ob&tdi lm-'-Si6'2- ZZ3 Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5242 AGREEMENT THIS AGREEMENT, made and entered into on this 16th day of July 1996, by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Free Medical Clinic ("Recipient"). This Agreement shall be subject to the following terms and conditions, to -wit: Recipient shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, . . handicap status , or gender identity. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, se marital status, sexual orientation, disability, ... handicap status, or gender Identity. 2. Recipient shall not deny to any person its services on the basis of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, disability, gender identity or handicap status. All current and prospective project beneficiaries must, however, be persons in need of the programs provided by the Recipient. I. SCOPE OF SERVICES During the term of this Agreement, Recipient agrees to provide the following services to residents of Johnson County: general outpatient care; limited financial assistance for medication, medical supplies, eyeglasses, cancer screening, and other preventive health needs; and HIV counseling and testing. Details of the services to be provided are included in the Recipient's Program Information and Goals and Objectives Statement for FY97. II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $5,180 with the agreement that these funds shall be allocated toward the health care programs of the Free Medical Clinic. B. The City shall transfer the funds to Recipient in quarterly payments of $1,295.00 each. The first payment will be made on July 15, 1996. Subsequent payments will be made on the 15th day of the month following the end of each calendar quarter. 222 223 i 2� III. GENERAL ADMINISTRATION A. On or before the 15th day of the month following the end of each calendar I quarter, Recipient will submit to the City copies of all board minutes, a quarterly ; accounting and a quarterly program report. E B. On or before July 30, 1997, Recipient will provide to the City an annual ' y accounting report describing, at a minimum, the uses of funds received ; hereunder. } C. Duly authorized representatives of the City shall at all reasonable times, have access to and the right to inspect, copy, audit and examine all financial books, records, and other documents of Recipient, and to make site visits and survey participants in order to evaluate and monitor the Recipient's programs. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using Recipient's services. Site visits and participant surveys shall be 1 done only after consultation with Recipient's director regarding methods used in said visits and surveys. ? ' D. The City's sole responsibility hereunder shall be to provide the funds to Recipient ' in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Recipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Recipient's involvement with the City. Further, neither the City nor any officer, employee, or agent of the City shall have authority to direct the manner or means by which Recipient conducts its t . activities. E. This contract may be terminated upon 30 days written notice by either party. IV. TERM �t :a This Agreement shall commence upon execution by the parties and shall terminate on June 30, 1997, except as provided herein. 223 V. ASSIGNMENT This Agreement may not be assigned by either party without prior written agreement of the other party. For the City of Iowa City, Iowa: For the Free Medical Clinic: %&'--� �V4 IO&K MAYOR NAME ATTEST: (� �2 TITLE MART K. KARR, CITY CLERK Ap roved as to For City Attorney's Office contraclVreemed ATTEST: TITLE NAM10 ZL Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (3 19) 356-5242 RESOLUTION NO. 96-224 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING BY THE CITY OF IOWA CITY, IOWA AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: ELDERLY SERVICES ($55,105); MID -EASTERN COUNCIL ON CHEMICAL ABUSE ($25,235); AND UNITED ACTION FOR YOUTH ($24,660); WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist and support its residents; and WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title 1 of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the Cranston -Gonzales National Affordable Housing Act (Public Law 101-625); and WHEREAS, the City Council of Iowa City, Iowa, recognizes the need for human service support in the Iowa City community; and WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into such contracts and agreements. WHEREAS, the City of Iowa City, Iowa has negotiated funding agreements for use of part of such funds with Elderly Services, Mid -Eastern Council on Chemical Abuse, and United Action for Youth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 . The Funding Agreements between the City of Iowa City and Elderly Services, Mid - Eastern Council on Chemical Abuse, and United Action for Youth, copies of which are attached hereto and made a part hereof by this reference, are hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreements. Z2� Resolution No. 96-224 Page 2 Passed and approved this 16th day of July , 1996. MAYO App • ved by ATTEST: CITY -CLERK City Attorney's Office It was moved by Norton and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Kubby x Lehman x Norton x Novick x Thornberry x Vanderhoef jccoghsVund3.res 22� AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into this 16 day of Ju1Y , 1996, by and between the City of Iowa City, a municipal corporation ("City"), and the Elderly Services Agency of Johnson County ("Agency" or "Subrecipient"); WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the 1992 National Affordable Housing Act (Public Law 102-550); and WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing services i to older people in Iowa City who are in need of programs which aid them in their efforts to remain independent. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART I -` I. PURPOSE AND SCOPE OF SERVICES: A. 1. The Agency shall use the CDBG funds disbursed under this Agreement for administrative and operational expenses of the Agency. Specifically, these funds will be used for approximately 88% of the Executive Direct- ;, or's salary, 71 % of the Chore Coordinator's salary and FICA for both. a_ 2. The Agency staff of approximately 5 FTEs shall provide assistance to r approximately 1,400 elderly persons during the year ending June 30, i 1997. B. During the term of this -Agreement, the Agency shall provide to elderly residents of Iowa City the information and support services herein described,._ in order to .� identify and assist in responding to their needs and concerns. Further details of these services are outlined in the Agency's Program Information and Goals and Objectives Statement for FY97. Specifically: 1. The Agency agrees to provide and to publicize through available media a comprehensive Information and Referral service for elderly residents of Iowa City which shall include the following components: a. Maintenance of a current information file on services and resourc- es available to Iowa City elderly. b. Response to requests for information about community resources R for the elderly and referral of elderly individuals to appropriate >..5 resources to meet their needs. 2. 3 4. 2 C. Follow-up on referrals, as appropriate, by contacting the person referred to determine whether the referral met the need expressed. d. Maintenance of records of all information and referral contacts and related calls, including specific information on needs expressed during these contacts and calls which cannot be met by existing resources. The Agency agrees to provide an Outreach service to identify needs and concerns of elderly people in Iowa City and to help meet those needs with appropriate intervention, referral and case monitoring. Under the Outreach program, volunteers are trained to monitor the lives of clients through in-home visits and telephone calls. Staff monitor volunteers' written reports and intervene as appropriate. The Outreach program will also include a case management team of professionals working for hospitals and agencies coordinating various levels of in-home care in complex cases. Outreach also includes a Retired Senior Volunteer Program which acts as a clearinghouse for volunteer opportunities throughout the community with an emphasis on elderly helping other elderly and an SSI outreach effort to find eligible elderly. a. The Agency shall publicize its Outreach service through available media resources on a systematic basis. - b. The Agency shall provide a referral or liaison to community re- sources where necessary and appropriate. The Agency agrees to coordinate a chore and respite/in-home care service for Iowa City elderly in need of same. a. Coordination shall include recruitment and screening of prospec- tive independent contractors as well as the negotiation of an agreeable wage between the elderly employer and the indepen- dent contractor. These workers will be referred to the elderly client who has requested help with yard work or non -licensed in- home care. b. Coordination includes the organization of volunteers in the spring and fall to help with seasonal chores around the home. C. A small repair program provides Iowa City residents who are over 62 years of age, who own their own homes, and who have low or moderate incomes with help in securing repairs necessary to their safety and comfort. The Agency agrees to coordinate a Shared Housing program for its elderly and handicapped clients, which shall match screened, compatible and supportive house mates who will provide some services in exchange for low/no rent. 2!2f } ' j 2. 3 4. 2 C. Follow-up on referrals, as appropriate, by contacting the person referred to determine whether the referral met the need expressed. d. Maintenance of records of all information and referral contacts and related calls, including specific information on needs expressed during these contacts and calls which cannot be met by existing resources. The Agency agrees to provide an Outreach service to identify needs and concerns of elderly people in Iowa City and to help meet those needs with appropriate intervention, referral and case monitoring. Under the Outreach program, volunteers are trained to monitor the lives of clients through in-home visits and telephone calls. Staff monitor volunteers' written reports and intervene as appropriate. The Outreach program will also include a case management team of professionals working for hospitals and agencies coordinating various levels of in-home care in complex cases. Outreach also includes a Retired Senior Volunteer Program which acts as a clearinghouse for volunteer opportunities throughout the community with an emphasis on elderly helping other elderly and an SSI outreach effort to find eligible elderly. a. The Agency shall publicize its Outreach service through available media resources on a systematic basis. - b. The Agency shall provide a referral or liaison to community re- sources where necessary and appropriate. The Agency agrees to coordinate a chore and respite/in-home care service for Iowa City elderly in need of same. a. Coordination shall include recruitment and screening of prospec- tive independent contractors as well as the negotiation of an agreeable wage between the elderly employer and the indepen- dent contractor. These workers will be referred to the elderly client who has requested help with yard work or non -licensed in- home care. b. Coordination includes the organization of volunteers in the spring and fall to help with seasonal chores around the home. C. A small repair program provides Iowa City residents who are over 62 years of age, who own their own homes, and who have low or moderate incomes with help in securing repairs necessary to their safety and comfort. The Agency agrees to coordinate a Shared Housing program for its elderly and handicapped clients, which shall match screened, compatible and supportive house mates who will provide some services in exchange for low/no rent. 2!2f 3 a. Coordination shall include finding homeowners who need either income and/or services in order to remain in their homes as long as possible. b. Tenant/homeowner living arrangements shall be monitored by the Shared Housing Coordinator to help ensure a successful living arrangement. 5. The Agency agrees to serve as an advocate for the needs and concerns of Iowa City elderly on an individual and group basis as the need arises, including: a. Group advocacy with governmental policy makers, and with busi- ness and civic community groups on unmet needs brought to the Agency's attention through the provision of its services and on issues of concern raised by the elderly community. b. Individual advocacy in regard to the Agency's programs when a client has difficulty obtaining a service or when provision of a ser- vice is unsatisfactory. C. The Agency shall solicit and provide documentation of ongoing feedback from its clients and clients' families, and other appropriate agencies and individuals regarding the effectiveness of the programs offered by the Agency in serving elderly persons. D. The Agency shall operate in compliance with all applicable federal, state and local regulations regarding its program services. II. TIME OF PERFORMANCE: This Agreement shall commence upon execution by the City and the Agency and shall terminate on June 30, 1997. III. PROPOSED PROJECT BUDGET: Amount Salaries: Executive Director $33,394 Chore Coordinator 17,799 FICA 3.912 TOTAL PROJECT COSTS $55,105 TOTAL CDBG GRANT $55,105 IV. COMPENSATION AND METHOD OF PAYMENT: A. The City shall pay and the Agency agrees to accept in full no more than Fifty-five Thousand and One Hundred and Five Dollars ($55,105.00) for performance under this Agreement as follows. zz1 I 4 B. Partial payments shall be made monthly, with the first payment to commence July 1, 1996. Requests for each monthly payment shall be submitted together with all time sheets and all other source documents by the fourth day following the end of each calendar month. Quarterly reports shall continue to be submit- ted as required by this Agreement. TERMS AND CONDITIONS: A. The Subrecipient agrees to comply with all applicable federal, state, and local laws and regulations governing the funds provided under this contract. B. The City shall have no responsibility or liability for the maintenance, operation or program funding for the Agency beyond the obligation to pay the funds as set forth in this Agreement. C. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through June 30, 1997. D. In the event the Agency discontinues its services, and/or the project/program funded under this Agreement prior to June 30, 1997, ceases, all real and person- al property (tangible and intangible) secured with the CDBG funds under this Agreement shall revert to the City. If the property has been disposed of, then the City will be reimbursed in the amount of the current fair market value of the property less any portion attributable to non-CDBG funds. (Personal property includes, but is not limited to, equipment, furnishings, and vehicles.) E. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the Subrecipient is an independent contractor. F. During the period of this Agreement, effective as of the start of the Project, the Subrecipient shall, at its own expense, procure. and maintain .all-risk property damage and liability insurance. Property damage coverage shall not be less than the current market value of the property. Liability coverage which shall include contractual insurance as well as comprehensive form insurance, and which shall provide coverages of not less than $250,000 bodily injury per person, $500,000 bodily injury per occurrence, and $100,000 property damage. Proof of insurance shall be shown to the City by furnishing a copy of the certificate of insurance issued by an insurance company licensed to do business in the State of Iowa. The certificate of insurance shall include a statement guaranteeing that the insurance company shall notify the Community Development Coordinator within 30 days of the lapse of said policy. The Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this contract. PART II I. PERFORMANCE AND REPORTING: 224 I ` 1 i I A. The Agency shall direct all notices, reports, insurance policies, and other com- munications related to or required by this Agreement to the office of theIowa ' City Community Development Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. Notice by both Agency and City shall be given by ordinary mail. B. On or before the first day of the second month following the end of each calen- dar quarter, the Agency shall submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. Each quarterly program report shall include statistical information concerning the number and percentage of agency clients who are low-income or moderate -income, the racial composi- tion and age range of the Agency's client group, and the number of female- '' ' headed households which were served. In addition, the last quarterly report shall indicate how many temporary and permanent jobs have been created or retained by the funding of this program. C. Not later than July 31, 1997, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. D. Following completion of the Project, the Subrecipient shall submit an annual report by the first day of December, 1997. The annual report shall, at a mini- mum, include statistics pertaining to the number and place of residence of clients served at the Subrecipient's Facility. E. For projects involving $25,000 or more, an audit report which meets the specifi- cations set forth in OMB Circular A-133, "Audits of Institutions of Higher Educa- tion and Other Nonprofit Organizations," and which discloses the expenditure of CDBG funds allocated for this Project, shall be submitted by October 31, 1997. IL OTHER REPORTS, AUDITS AND INSPECTIONS- ` A. The Agency shall promptly furnish the City or HUD with such statements, re- cords, data and information as the City or HUD may reasonably request pertain- ing to this Agreement. g B. During the term of this Agreement, any time during normal business hours, the Agency -shall make -'available to the City, HUD and/or the Comptroller. General - of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. No report or publication resulting from any such inspection, audit, examination, site visit or survey shall disclose the name or other identifying information concerning persons using the Agency's services. 1 It - 777, 6 The Subrecipient agrees to comply with Attachment F of OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required iI , therein, utilize adequate internal controls, and maintain necessary source docu- mentation for all costs incurred. i I 2. Cost Principles i The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations, for all costs incurred whether charged on a direct or indirect basis. f B. Documentation and Record -Keeping `. 1. Records to be Maintained The Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including but not limited to: a. Records providing a full description of each activity undertaken; b. Records required to document the acquisition, improvement, use t or disposition of real property acquired or improved with CDBG assistance; C. Records documenting compliance with the fair housing and equal } opportunity components of the CDBG program; and f 1 d. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-110. ` 2. Client Data 1 The Subrecipient shall maintain client data demonstrating client eligibility for I services provided. Such data shall include, but not be limited to a signed and dated verification of income statement, or other basis for determining eligibility, rr and description of service provided. Such information shallbe made available to City monitors or their designees for review upon request. j 3. National Obiectives The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this contract benefit low/moderate i income persons, as defined in 24 CFR Part 570.208. k C. Procurement 1. Compliance The Subrecipient shall comply with current City policy concerning the purchase of equipment and shall maintain an inventory record of all .von -expendable A. personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property,,' equipment, etc.) shall revert to the City upon termination of this contract. a X �z - 7 2. OMB Standards The Subrecipient shall have access through the Iowa City Planning Department copies of the following materials: A-133, A-122, Attachment O of OMB Circular A-110, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. D. Amendments The City and Subrecipient may, by mutual agreement, amend this Agreement at any time provided that such amendments are executed in writing and signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. IV. NON-DISCRIMINATION: A. No person shall be excluded from or denied the benefits of the Agency's identity, on the basis of age, race, color, religion, creed, national origin, sex,/ an al status, disability or sexual orientation. All current and prospective project benefi- ciaries must, however, be persons in need of the programs provided by the Agency. B. Section 504 Compliance. The Agency confirms that no otherwise qualified individual with handicaps shall, solely by reason of his/her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. This in- cludes, but is not limited to, programs and/or activities related to housing, em- ployment, and the delivery of services. V. EQUAL EMPLOYMENT OPPORTUNITY: The Agency certifies that it is an "Equal Opportunity Employer" and that it will comply with Title 2 (Human Rights) of -the Iowa City Code, Chapter 216 (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employ- ment. Further, the Agency shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. VI. SECTION 3: i. The Subrecipient agrees to comply with Section 3 requirements, the regulations set forth ;1 in 24 CFR 135 and the CDBG program requirements under 24 CFR part.570. A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employ- ment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low and very low income persons, particularly persons who are recipients of HUD assistance for housing. - i;, If the Agency fails to fulfill its obligations under this Agreement in a timely and proper �I manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice ' unless such default or defaults are remedied within such cure period. The City shall be kj VVI ILI QVL, LI IV FA LIVQ LV UIIQ VVI ILI QVL VVl LI I LI IGII LI IVY QIG UI IUVI IIV VVI ILI QVLUQI VI other impediment that would prevent them from complying with the part 135 I regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' repre- sentative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both { employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth mini- mum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the *;; person(s) taking applications for each of the positions; and the anticipated date I the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with the regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcon- I tractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including i r training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. G. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanc- tions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. With respect to work performed in connection ,;. with Section 3 covered Indian housing assistance, section 7(b) of the Indian . Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies f ('r to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employ- ment shall be given to Indians, and (ii) preference in the award of contracts and f !' sub -contracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section `l 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasi- t` ble, but not in derogation of compliance with section 7(b). VII. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in a timely and proper �I manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice ' unless such default or defaults are remedied within such cure period. The City shall be kj 9 obligated to make no payment due hereunder after it gives said notice unless the defaults are remedied within said 30 -day period. In the event of such termination, the Agency may be required to repay to the City the full contract amount of $55,105.00, or that portion of the amounts which have been disbursed to the Agency prior to such termination. VIII. TERMINATION OF AGREEMENT FOR CONVENIENCE: This Agreement may be terminated in whole or in part upon the mutual agreement of the parties hereto, in which case the City and the Agency shall agree upon the termina- tion conditions, including the effective date, the disposition of contract amounts, and in the case of partial termination, the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, and the award is terminated =' ! in its entirety, no further funding payments shall be made by the City to the Agency. IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be permitted to an share or art of this Agreement, N _ Y p or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Contract. ,1 C. No federal funds appropriated under this contract shall be paid, by or on behalf r of the Agency, to any person for influencing or attempting to influence a member of Congress, an officer or employee of Congress or any federal agency inconnection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification K Z� of any federal contract, grant, loan or agreement. D. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee r of any agency, a Member of Congress, an officer or employee of Congress, or C; ( an employee of a Member of Congress in connection with this federal contract, f+ . the Subrecipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. L E. The Subrecipient shall require that the language of this certification be included in the award documents for all sub-Subrecipients and that all sub-Subrecipients t shall certify and disclose accordingly. X. CONFLICT OF INTEREST: The Agency covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in ary manner or degree with the performance of the services to be undertaken through this Agreement. The Agency further covenants that } I =� 10 in the performance of this Agreement, no person having such an interest shall be employed by the Agency. XI. ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. XII. HOLD HARMLESS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Agency's employees or agents during the performance of this Agreement. XIII. WORKERS' COMPENSATION: The Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this contract. XIV. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP: The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any of the programs that are included in this Agreement. Nothing contained in this Agreement, nor any act or omission of the City or the Agency, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture, or any association by reason of the Agency's involvement with the City. XV. If any one or more of the provisions contained in this Agreement are held to be invalid, illegal, or unenforceable, this Agreement shall be deemed severable and the remainder of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this may Of Ju 1996. CITY OF IOWA CITY, IOWA ELDERLY SERVICES AGENCY OF JOHNSON COUNTY By: !/QO�r Q, //DtJ�G�i By: Mayort Ex u Director ATTEST: ATTEST: Citylerk Board Me ber -f t A ved b City Attorney's Office [ iiA;� u"` sN 11 ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) 1t. On this /G day of 3AA-t 19__2L- , before me, Sbndra� V;!0'= , a Notary Public in and for said State, personally appeared Naomi J. Novick 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 hereto is the seal of said municipal corporate, and that the said Naomi J. Novick and Marian K. Karr acknowledged the execution said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa STATE OF IOWA ) SS: JOHNSON COUNTY ) On this /(, day of Au Lj. j 19_%,, before me, the undersigned, a Notary Public in and for the State Iowa, personally appeared andr+�s_.G�, to me personally known, who eing by me duly sworn, didsaythattheyaretherespective- ly, of the corporation executing the foregoing instrument; that no seal has been procured by the corporation; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; that jec„ ands(Z. 4" acknowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by them and as fiduciary voluntarily executed. contracts\esahud. agt Notary Public in and for the State of Iowa Z2f Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5242 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MID -EASTERN COUNCIL ON CHEMICAL ABUSE FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS t THIS AGREEMENT, entered into this 16 day of July 1996, by and between the City of Iowa City, a municipal corporation ("City"), and Mid -Eastern Council on Chemical Abuse ("Agency"); WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the 1992 National Affordable Housing Act (Public Law 102-550); and WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing services to assist persons in need of comprehensive substance abuse prevention and treatment programs in Iowa City. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: a Part PURPOSE AND SCOPE OF SERVICES: A. The Agency shall use the CDBG funds disbursed under this Agreement for j' administrative and operational expenses of the Agency. Specifically, these funds f.: will be used for a portion of the Executive Director's and Medical. Director's salaries. { B. During the term of this Agreement, the Agency shall provide services to individu- if,.? als who are in need of comprehensive substance abuse prevention and treat- } k ii ment programs. An individualized treatment plan may require the services of i traditional outpatient treatment, intensive outpatient treatment, day treatment, i y halfway house, or residential services. The agency agrees to provide the follow- I- ing services: 1. The Treatment Program shall provide residential treatment services to approximately 55 female and 55 male clients and provide approximately i 2000 units of individual services and 8000 units of group services. 2. Provide detoxification and crisis stabilization services to 156 persons. L + V. TERMS AND CONDITIONS: ` A. The Subrecipient agrees to comply with all applicable federal, state, and local t: laws and regulations governing the funds provided under this contract. Z2 �- 3 B. The City shall have no additional responsibility or liability for the'maintenance, operation or program funding for the Agency beyond the obligation to pay the funds as set forth in this agreement. C. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through June 30, 1997. D. Nothing contained in this Agreement is intended to, or shall be construed in any / manner, as creating or establishing the relationship of employer/employee i between the parties. The Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation -i Insurance as the Subrecipient is an independent Contractor. A. The Agency shall direct all nuUcoo, reporto, hnnunonoo po|ickso, and ntheronm- municationn related to or required bythis Agreement to the office of the Iowa City Community Development Coordinator, 410 E. Washington Street, |ovvo City, � Iowa 52240. Notice byboth Agency and City shall be given by ordinary mail. B. Onorbefore the first day of the second month following the end ofeach calen- dar quarter, the Agency shall submit to the City copies of all board minutes, n ` quarterly accounting and aquadedy program report. Each quarterly program report shall include statistical information concerning the number and percentage of agency clients who are low-income or moderate -income, the rooio| composi- tion and age range of the Agency's client gmup, and the number of female - headed households which were served. In addition, the last quarterly report ' shall indicate how many temporary and permanent jobs have been created or ' retained by the funding of this program. C. Not later than July 31. 1897. the Agency eho|| provide the City with o certified statement mfthe expenditure offunds disbursed under this Agreement. ' D. Following completion of the Project, theSubnocipient shall submit on annual ' report by the first day of December, 1997. The annual report ohoU, at o mini- nini- mum.indudaotaUoUcmpadoiningtothenumberondp|ncenfnaoidan000fo|iante mum, include statistics pertaining to the number and place of residence of clients served at the 8ubrooipiant'e Facility. E. For projects involving $25.DOOormore, anaudit report which meets the specifi- cations oatforthinOM8Qu:u|ar/+133.'Y\uditaof|nnhtubonoofHighorEduca' ^ tion and Other Nonprofit Organizations," and which discloses the expenditure of CD8Gfunds allocated for this Project, shall besubmitted byOctober 31. 1887. U.OTHER REPORTS, AUDITS AND INSPECTIONS: A. The Agency oheU promptly furnish the City or HUD with such stahnmonte, re- cords, data and information as the City mrHUD may reasonably request pertain- ing to this Agreement. B. ` During the term ofthis Agreement, any time during nonno| business hours, the Agency shall make available tothe City, HUD and/or the Comptroller General ofthe United States, ortheir duly authorized repnaoentoUveo, all ofthe Agency's / records in order to permit examination of any audits, invoices, materials, payrolls, , personnel renorda, conditions of employment, and other data relating to all - matters covered bythis Agreement. No report or publication maou|Ung from any � such inopeotion, audit, examinaUnn, site visit or survey mhe|| diou/oaa the name i FP 5 C. The Agency shall retain financial records, supporting documents, statistical re- cords, and all other records pertinent to expenditures under this Agreement for . a period of three (3) years from the termination of this Agreement. III. ADMINISTRATIVE REQUIREMENTS: A. Financial Management t 1. Accounting Standards The Subrecipient agrees to comply with Attachment F of OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source docu- mentation for all costs incurred. `j 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations, for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record-Keepinq 1. Records to be Maintained { The Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including but not limited to: \ a. Records providing a full description of each activity undertaken; b. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; C. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; and C' d. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-110. 2. Client Data '* • The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to a signed and dated verification of income statement, or other basis for determining eligibility, _ j' and description of service provided. Such information shall be made available to City monitors or their designees for review upon request. L r t P 40 , A. 3. National Obiectives The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this contract benefit low/moderate income persons, as defined in 24 CFR Part 570.208. C. Procurement 1. Compliance The Subrecipient shall comply with current City policy concerning the purchase of equipment and shall maintain an inventory record of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this contract. 2. OMB Standards The Subrecipient shall have access, through the Iowa City Planning Department, copies of the following materials: A-133, A-122, Attachment O of OMB Circular A-110, Procurement Standards and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. D. Amendments The City and Subrecipient may, by mutual agreement, amend this Agreement at any time provided that such amendments are executed in writing and signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. NON-DISCRIMINATION: A. No person shall be excluded from or denied the benefits of the Agency's service i denti ty , on the basis of age, race, color, religion, creed, national origin, sex,/r�a�if� status, disability or sexual orientation. All current and prospective project benefi- ciaries must, however, be persons in need of the programs provided by the Agency. ?� `.j B. Section 504 Compliance. The Agency confirms that no otherwise qualified r individual with handicaps shall, solely by reason of his/her handicap, be excluded Tfrom participation in, be denied the benefits of, or be subjected to discrimination )! under any program or activity receiving federal financial assistance. This in- cludes, but is not limited to, programs and/or activities related to housing, em- ployment, and the delivery of services. 2.? -'f 2 D. The contractor agrees to include this Section 3 clause in every subcontr- act subject to compliance with the regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision F.> of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Y F contractor will not subcontract with any subcontractor where the contr- �1 Y 3 :i a 8 actor has notice or knowledge that the subcontractor has been found in �! violation of the regulations in 24 CFR art 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those whom the regulations of 24 CFR part 135 require employment opportunit- ies to be directed, were not filled to circumvent the contractor's obligati- ons under 24 CFR part 135. i F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or sus- pension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered I- ndian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the gr- eatest extent feasible (1) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and sub -contracts shall be given to Indian organizations and I- ndian -owned Economic Enterprises. Parties to this contract that are subj- ect to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compl- iance with section 7(b). VII. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in a timely and proper manner, of if the Agency violates any of the terms, agreements or stipulations of this a Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default or defaults are remedied within such cure period. The City shall be - obligated to make no payment due hereunder after it gives said notice unless the defaults are remedied within said 30 day period. In the event of such termination, the 4 Agency may be required to repay to the City the full contract amount of $25,235.00, or i E that portion of the amounts which have been disbursed to the Agency prior to such ter- mination. VIII. TERMINATION OF AGREEMENT FOR CONVENIENCE: This Agreement may be terminated in whole or in part upon the mutual agreement of i ! the parties hereto, in which case the City and the Agency shall agree upon the terminat- ion conditions, including the effective date, the disposition of contract amounts, and in L=, the case of partial termination, the portion to be terminated. However, if, in the case of r :' partial termination, the City determines that the remaining portion of the award will not 1 � r c Zz� ; 1 i r au. `.._._..�.u.........ua..-.e...._..�_.._...r.r_..v.�..w. .u.__.. .. ___� _.........._ ��.._ a._...._..a_....� .....rv� .�...J ._ .. _..-.. .. ..._...—�.�.......wa .. __... .. _.. __.._ ... _ _ . .._.... ..... _.._... _ �i,' �N i� g accomplish the purposes for which the award was made, and the award is terminated in its entirety, no further funding payments shall be made by the City to the Agency. IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. { B. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or r- esponsibilities in connection with the review, approval or carrying out of the Proj- ect to which this Agreement pertains, shall have any private interest, direct or i- ndirect, in this Contract. C. No federal funds appropriated under this Contract shall be paid, by or on behalf of the Agency, to any person for influencing or attempting to influence a member of Congress, an officer or employee of Congress or any federal agency in _ connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agr- eement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or agreement. D. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or \ an employee of a Member of Congress in connection with this federal contract, { the Subrecipient shall complete and submit Standard Form -LLL, "Disclosure ! Form to Report Lobbying," in accordance with its instructions. . i E. The Subrecipient shall require that the language of this certification be included in the award documents for all sub-Subrecipients and that all sub-Subrecipients K n shall certify and disclose accordingly. X. CONFLICT OF INTEREST: { The Agency covenants that it has no interest and shall not acquire any interest, direct I or indirect, which would conflict in any manner or degree with the performance of the services to be undertaken through this Agreement. The Agency further covenants that j = r in the performance of this Agreement, no person having such an interest shall be empl- oyed by the Agency. XI. ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior + written approval of the City. Any assignment made without such consent shall be void. ' This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. V' i 1 22 � y , XII. HOLD HARMLESS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attor- ney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Agency's employees or agents during the performance of this Agreement. Xlil. WORKERS' COMPENSATION: The Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Contract. XIV. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP: The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any of the programs that are included in this Agreement. Nothing contained in this Agreement, nor any act or omission of the City or the Agency, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limi- ted or general partnership, joint venture, or any association by reason of the Agency's involvement with the City. SEVERABILITY CLAUSE XV. If any one or more of the provisions contained in this Agreement are held to be invalid, illegal, or unenforceable, this Agreement shall be deemed severable and the remainder of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this It, day Of 1996. OF CITY OF IOWA CITY, IOWA MID -EASTERN COUNCIL M ON CHEMICAL ABUSE By: //QBE' o% By: +� Mayor Executive Direc r ATTEST: ATTEST: :::Aud City Clerk Board Member A oved by q&,D- & City Attorney's Office 11 ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) -/k Ont is /� day of 19 ` _, before me, - j.'*-r� , a Notary Public in and for said State, personally appeared Naomi J. Novick 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 hereto is the seal of said municipal corporate, and that the said Naomi J. Novick and Marian K. Karr acknowledged the execution said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 14, 4A- day of Ji,u_s. 19_& , before me, the undersigned, a Notary �Public in and for the State oflowa, personally appeared Ae-F,6jr Sck,"-1f-- and to me personally known, who being by me duly sworn, did say that they are the c�kew4;�c .D:.�.�.�. and F�aw��, respecti- vely, of the corporation executing the foregoing instrument; that no seal has been procured by the corporation; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; that SJ,, ' — and TAo,^mw L_ acknowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by them and as fiduciary voluntarily executed. contractsVneccahud.agt Notary Public in and for the State of Iowa f1 "-� i LZ 1 Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5242 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNITED ACTION FOR YOUTH FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into this 16 day of July 1996, by and between the City of Iowa City, a municipal corporation ("City"), and United Action for Youth ("Agency"); WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the 1992 National Affordable Housing Act (Public Law 102-550); and WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing services to young people in Iowa City. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART I. PURPOSE AND SCOPE OF SERVICES: A. 1. The Agency shall use the CDBG funds disbursed under this Agreement for administrative and operational expenses of the Agency. Specifically, these funds will be used for approximately 35% of the Executive Director's salary, 10% of the Associate Director's salary, 10% of the Business Director's salary, a portion of the expenditures for taxes and benefits for the Executive Director, Associate Director, and Business Director, and a portion of the expenditures for utilities for the Youth Center. 2. The Agency staff of approximately 22 FTEs shall provide assistance to approximately 1800 young people and 400 parents during the year ending June 30, 1997. B. During the term of this Agreement, the Agency shall provide assistance to young people, especially those who are alienated from traditional approaches to youth service, in identifying their individual needs and opportunities, and to facilitate meeting the same in the best interests of the individual with regard for the community. Further details of these services are outlined in the Agency's Program Information and Goals and Objectives Statement for FY97. Specifically: 1. The Agency agrees to plan and conduct a comprehensive Counseling and Prevention Program to locate youth who are experiencing difficulty 2 and to serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. The Counseling and Prevention Program shall include the following components: a. Staff and maintain a walk-in center which will be open weekdays. b. Maintain visibility and have planned and purposeful contact with youth in the community. C. Develop trust and rapport with young people to enable the Counseling and Prevention staff to effectively perform their duties. d. Maintain records of Counseling and Prevention workers, including youth contacts, activities and referrals. e. Build and establish working relationships and communications with other agencies in the community. 2. The Agency agrees to provide appropriate Counseling and Prevention services to youth as determined by individual needs. At a minimum, such services shall include: a. Street counseling through personal interaction in the youth environment, maintaining a relationship with individuals, assisting them in clarifying their current needs, and determining a course of action that is in their best interest. b. Crisis intervention by seeking out young people experiencing a crisis situation and being available to alleviate their current situation. . C. Identification- and utilization of available referral services to assist young people in meeting their needs or improving their current situation. d. Consultation with and referral of youth to other agencies in the community, remaining available as a resource when appropriate for individual youth. Written records of all referrals will be maintained. e. Follow-up on all Counseling and Prevention provided to young people to evaluate individual situations and determine if further assistance is needed. L. C. The Agency shall solicit and document ongoing feedback from clients, their families, and other agencies regarding the effectiveness of Counseling and Prevention, including information regarding client needs, i. their level of trust and rapport with the Agency's staff, others' perceptions of the Agency's effectiveness, and service gaps among agencies. D. The Agency shall operate in compliance with all applicable federal, state y and local regulations regarding its program services. 3 II. TIME OF PERFORMANCE: This Agreement shall commence upon execution by the City and the Agency and shall terminate on June 30, 1997. III. PROPOSED PROJECT BUDGET: Amount Salaries: Executive Director $14,378.00 Associate Director 3,257.00 Business Director 2,743.00 Benefits 3,260.00 Utilities 1,022.00 TOTAL PROJECT COSTS $24,660.00 TOTAL CDBG GRANT $24,660.00 IV. COMPENSATION AND METHOD OF PAYMENT: A. The City shall pay and the Agency agrees to accept in full no more than Twenty- four Thousand and Six Hundred and Sixty Dollars and No Cents ($24,660.00) for performance under this Agreement as follows. B. Partial payments shall be made monthly, with the first payment to commence July 1, 1996. Requests for each monthly payment shall be submitted together with all time sheets and all other source documents by the fourth day following the end of each calendar month. Quarterly reports shall continue to be submitted as required by this Agreement. V. TERMS AND CONDITIONS: A. The Subrecipient agrees to comply with all applicable federal, state, and local laws and regulations governing the funds provided under this contract. B. The City shall have no additional responsibility or liability for the maintenance, operation or program funding for the Agency beyond the obligation to pay the funds as set forth in this agreement. C. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through June 30, 1997. D. In the event the Agency discontinues its services, and/or the project/program funded under this Agreement prior to June 30, 1997, ceases, all real and personal property (tangible and intangible) secured with the CDBG funds under this Agreement shall revert to the City. If the property has been disposed of, then the City will be reimbursed in the amount of the current fair market value of the property less any portion attributable to non-CDBG funds. (Personal property includes, but is not limited to, equipment, furnishings and vehicles.) C. Not later than July 31, 1997, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. D. Following completion of the Project, the Subrecipient shall submit an annual report by the first day of December, 1997. The annual report shall, at a minimum, include statistics pertaining to the number and place of residence of clients served at the Subrecipient's Facility. E. For projects involving $25,000 or more, an audit report which meets the specifications set forth in OMB Circular A-133, "Audits of Institutions of Higher �' > I ZZ 7 4 Iii 3 a E. Nothing contained in this Agreement is intended to, or shall be construed in any III manner, as creating or establishing the relationship of employer/employee j I between the parties. The Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. t The City shall be exempt from payment of all Unemployment Compensation, { FICA, retirement, life and/or medical insurance and Workers' Compensation i Insurance as the Subrecipient is an independent Contractor. .' ! F. During the period of this Agreement, effective as of the start of the Project, the 1, Subrecipient shall, at its own expense, procure and maintain all-risk property damage and liability insurance. Property damage coverage shall not be less i { than the current market value of the property. Liability coverage which shall include contractual insurance as well as comprehensive form insurance, and ' which shall provide coverages of not less than $250,000 bodily injury per person, $500,000 bodily injury per occurrence, and $100,000 property damage. Proof of insurance shall be shown to the City by furnishing a copy of the certificate of insurance issued by an insurance company licensed to do business in the State of Iowa.. The certificate of insurance shall include a statement guaranteeing that the insurance company shall notify the Community Development Coordinator M1 I within 30 days of the lapse of said policy. The Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the i performance of this contract. { PART II I. PERFORMANCE AND REPORTING: A. The Agency shall direct all notices, reports, insurance policies, and other r communications related to or required by this Agreement to the office of the Iowa \ City Community Development Coordinator, 410 E. Washington Street, Iowa City, ¢ Iowa 52240. Notice by both Agency and City shall be given by ordinary mail. B. On or before the first day of the second month following the end of each x calendar quarter, the Agency shall submit to the City copies of all board minutes, a quarterly accounting and a quarterly program report. Each quarterly program report shall include statistical information concerning the number and percentage of agency clients who are low-income or moderate -income, the racial composi- tion and age range of the Agency's client group, and the number of female- i headed households which were served. In addition, the last quarterly report f shall indicate how many temporary and permanent jobs have been created or i> retained by the funding of this program. C. Not later than July 31, 1997, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. D. Following completion of the Project, the Subrecipient shall submit an annual report by the first day of December, 1997. The annual report shall, at a minimum, include statistics pertaining to the number and place of residence of clients served at the Subrecipient's Facility. E. For projects involving $25,000 or more, an audit report which meets the specifications set forth in OMB Circular A-133, "Audits of Institutions of Higher �' > I ZZ s> a. 5 i Education and Other Nonprofit Organizations," and which discloses the expendi- r ture of CDBG funds allocated for this Project, shall be submitted by October 31, 1997. II. OTHER REPORTS, AUDITS AND INSPECTIONS: A. The Agency shall promptly furnish the City or HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. Ii B. During the term of this Agreement, any time during normal business hours, the ! .Agency shall make available to the City, HUD and/or the Comptroller General s of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. No report or publication resulting from any such inspection, audit, examination, site visit or survey.shall disclose the name or other identifying information concerning persons using the Agency's services. f C. The Agency shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termination of this Agreement. III. ADMINISTRATIVE REQUIREMENTS: ,t A. Financial Management r? 1. Accounting Standards �q 4 The Subrecipient agrees to comply with Attachment F of OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source l` documentation for all costs incurred. 2. Cost Principles ;`i The Subrecipient shall administer its program in conformance with OMB �� rS Circulars A-122, "Cost Principles for Non -Profit Organizations," for all costs } i incurred whether charged on a direct or indirect basis. O }' B. Documentation and Record -Keeping i Records to be Maintained [,P The Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including but not limited to: a. Records providing a full description of each activity undertaken; k� " ' a b. Records required to document the acquisition, improvement, use 1 ~ or disposition of real property acquired or improved with CDBG assistance; t 1 Subrecipient acknowledges their receipt. 1 D. Amendments � f The City and Subrecipient may, by mutual agreement, amend this Agreement at any f time provided that such amendments are executed in writing and signed by a duly r authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under ,.�. this Agreement. IV. NON-DISCRIMINATION: i d. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-110. Subrecipient acknowledges their receipt. 1 D. Amendments � f The City and Subrecipient may, by mutual agreement, amend this Agreement at any f time provided that such amendments are executed in writing and signed by a duly r authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under ,.�. this Agreement. IV. NON-DISCRIMINATION: d. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-110. 2. Client Data % The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to a signed and j dated verification of income statement, or other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request. 3. National Obiectives The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this contract benefit low/moderate income persons, as defined in 24 CFR Part 570.208. C. Procurement 1. Compliance The Subrecipient shall comply with current City policy concerning the purchase of equipment and shall maintain an inventory record of all non -expendable personal property as defined by such policy as may be procured with funds ,i provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the City upon termination of this contract. 2. OMB Standards The Subrecipient shall have access through the Iowa City Planning Department copies of the following materials: A-133, A-122, Attachment O of OMB Circular r, l A-110, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. Copies of said circulars are provided and by execution of this Agreement, the Subrecipient acknowledges their receipt. 1 D. Amendments � f The City and Subrecipient may, by mutual agreement, amend this Agreement at any f time provided that such amendments are executed in writing and signed by a duly r authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under ,.�. this Agreement. IV. NON-DISCRIMINATION: contain appropriate equal employment opportunity statements. VI. SECTION 3: The Subrecipient agrees to comply with Section 3 requirements, the regulations set forth in 24 CFR 135 and the CDBG program requirements under 24 CFR part 570. A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employ- ment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low and very low income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with the regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract 2z� 8 a or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the �I subcontractor has been found in violation of the regulations in 24 CFR part 135. 1 E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. j11 G. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions termination of this contract for default, and debarment or suspension from future HUD assisted contracts. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and sub -contracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). VII. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in a timely and proper manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default or defaults are remedied within such cure period. The City shall be obligated to make no payment due hereunder after it gives said notice unless the defaults are remedied within said 30 -day period. In the event of such termination, the Agency may be required to repay to the City the full contract amount of $24,660.00, or that portion of the amounts which have been disbursed to the Agency prior to such termination. VIII. TERMINATION OF AGREEMENT FOR CONVENIENCE: This Agreement may be terminated in whole or in part upon the mutual agreement of the parties hereto, in which case the City and the Agency shall agree upon the termination conditions, including the effective date, the disposition of contract amounts, ad in the case of partial termination, the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, and the award is terminated in its entirety, no further funding payments shall be made by the City to the Agency. A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Contract. C. No federal funds appropriated under this contract shall be paid, by or on behalf ' of the Agency, to any person for influencing or attempting to influence a member of Congress, an officer or employee of Congress or any federal agency in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or agreement. D. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, the Subrecipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. E. The Subrecipient shall require that the language of this certification be included in the award documents for all sub-Subrecipients and that all sub-Subrecipients shall certify and disclose accordingly. X. CONFLICT OF INTEREST: The Agency covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the a services to be undertaken through this Agreement. The Agency further covenants that v in the performance of this Agreement, no person having such an interest shall be �1 employed by the Agency. XI. ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. XII. HOLD HARMLESS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Agency's employees or agents during the performance of this Agreement. The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any of the programs that are included in this Agreement. Nothing contained in this Agreement, nor any act or omission of the City or the Agency, shall be construed to create any special duty, relationship, third -party beneficiary, respondeat superior, limited or general partnership, joint venture or any association by reason of the Agency's involvement with the City. XV. SEVERABILITY CLAUSE: If any one or more of the provisions contained in this Agreement are held to be invalid, illegal, or unenforceable, this Agreement shall be deemed severable and the remainder of the Agreement shall remain in full force and effect. Ar– IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this �— day of _u 1996. CITY OF IOWA CITY, IOWA By: Mayor ATTEST: _7� 769LA,2 City'Clerk Apqoved by k -7-11--k City Attorney's Office UNITED ACTION FOR YOUTH By: E cutiveb irector Cl�, ATTEST: a.,Kc,7`!ti 9(-.. Bid Member ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /� f day of _ ��u � 19before me, ram a NotaryPublic in and for said State, personally appeared Naomi J. Novick 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 hereto is the seal of said municipal corporate, and that the said Naomi J. Novick and Marian K. Karr acknowledged the execution said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. Notary Public in and for Johnson. County, Iowa 22 t .F '.'4 t '' .....u�:.:.� •^ ••' t.e ... ,:v...Y+tua.:.- .�.,._.:a..�..ua�i4s, :.:. ri._w,.....IL .c........0 �...e.s__.,.....�... ..�... �.. .._. 11 i I' C , I7: �Y 11 r STATE OF IOWA ) SS: � c JOHNSON COUNTY ) � On this �_ day of 19`x_, before me, the undersigned, a Notary Public in and for the State 6f Iowa, personally appeared AW S c.0 a; v+1 and E! ' zct 6 j4 to me personally known, who being by me duly sworn, did say that they are the Ekeslkof- and �•�f� M„o r,.�� respectively, of the corporation executing the foregoing instrument; that no seal has been ; that the instrument was signed on behalf of the corporation by procured by the corporation; authority of its Board of Directors; that -1;r, S4.:)CL; and EI z4b�f� tZ. Be.4 y; acknowledged the execution of the instrument to be the voluntary act and deed of the ;, lr corporation and of the fiduciary, by it, by them and as fiduciary voluntarily executed. Notary Public in and for the State of Iowa contracts\uayhud.agt j R i D.. r, a tom' a _ w � t 1 _ t I r C i , i. f� 22 F/c F, L Prepared by: Jeanne Somsky, Purchasing, 410 E. Washington St., Iowa City, IA 52240 (319)356-5076 RESOLUTION NO. 96-225 RESOLUTION AWARDING THE VEHICLE TOWING AND STORAGE SERVICES CONTRACT TO BIG 10 UNIVERSITY TOWING, INC. WHEREAS, on June 28, 1996, the City prepared requests for proposals for vehicle towing and storage services for a three (3) year contract; and WHEREAS, proposals were received and evaluated by staff according to the criteria set out in the requests for proposal; and WHEREAS, Big 10 University Towing, Inc. has submitted the proposal which best meets the City's needs for a three (3) year towing contract, and will meet all requirements of the proposal documents by start of contract; and WHEREAS, it is in the public interest that the City of Iowa City, Iowa enter into a contract with Big 10 University Towing, Inc. for towing and storage service, a copy of which is attached to this resolution, to be effective on August 25, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Subject to Big 1 O's satisfaction of all particulars noted in their proposal by August 26, 1996 (e.g. fencing), the City hereby accepts the Big 10 University Towing, Inc. proposal for towing service as in the public interest, and approves the Contract as to content and form. 2. The Mayor is authorized to sign and the City Clerk to attest the attached contract on behalf of the City. 3. The City Manager or designee is hereby authorized to administer said Contract. Passed and approved this 16th day of July , 1996. ATTEST: //(� �S• CITY'CLERK'' iinpurch\wrecker.res . Approved byC�� )�, � Wyy City Attorney's 's Office t� ZZ5 It was moved by Thornberry and seconded by Norton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Baker x Kubby x Lehman x Norton x Novick x Thornberry x Vanderhoef CONTRACT RFP #97-18, VEHICLE TOWING AND STORAGE SERVICES THIS AGREEMENT, made and entered into this 16th _ day of July , 1996, by and between the CITY OF IOWA CITY, hereinafter referred to as "City," and Big 10 University Towing, Inc., hereinafter referred to as "Contractor." WHEREAS, the City has prepared certain lists, specifications, and proposal blanks, dated and filed the 28th day June, 1996, for RFP #97-18, Vehicle Towing and Storage Services. WHEREAS, it is in the public interest to enter into a Contract to carry out the towing and storage of motor vehicles in Iowa City; and WHEREAS, said lists, specifications, and proposal accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified. NOW, THEREFORE, in consideration of their mutual promises, it is agreed between the Parties as follows: 1. The City hereby accepts the Contractor's proposal for the work and for the sums listed in the attached rate sheets, in accordance with the requirements of the proposal docu- ments. 2. City and Contractor agree this Contract consists of the following component parts, which are made a part of this Contract by reference, as if set out in full herein: a. Specifications, including (1) Notice to Bidders (2) General Specifications (3) Information and Rate Sheets b. Contractor's Proposal C. This Instrurnent/Contract 3. Payments are to be made to the Contractor in accordance with and subject to the provi- sions set forth herein, together with the documents made a part of this Contract. 4. This Contract is executed in duplicate. 225 I RFP #97-18, Sec. II, Page 2 k 'I CITY OF IOWA CITY, IOWA CONTRACTOR - Ih �.�' �r� : Iaw:•��SR�- :`' B y, ' Title (�,a�. �✓ Title z` ATTEST: %STT Title Cly Ct!r�C Approved by City Attomey's Office ,7 finpurchMowing.dr ZZS I.�. • , ,. _ � i ..i, a • o, cn. �z..Cs..nu..�... ._. .. . . ...�. .. �. ...,_ _�.. r.__� - .�....w....�a..., ._a.�, .. u...0 �.._ Y.3.�w....«..., ..�...�...�:a. .. � I RFP #97-18, Sec. II, Page 2 k 'I CITY OF IOWA CITY, IOWA CONTRACTOR - Ih �.�' �r� : Iaw:•��SR�- :`' B y, ' Title (�,a�. �✓ Title z` ATTEST: %STT Title Cly Ct!r�C Approved by City Attomey's Office ,7 finpurchMowing.dr ZZS Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 96-227 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: A & J Mini Mart - 2153 ACT Circle Passed and approved this 6th day of A„g„ 1996. MAYOR Approved by ATTEST:— CITY CLERK Ci y Attorney's Office It was moved by Kubby and seconded by Norton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: err P f� Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 96-228 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREE- MENT, A PROMISSORY NOTE AND A MORTGAGE FOR THE PROPERTY LOCATED AT 416 SECOND AVENUE, IOWA CITY, IOWA WHEREAS, on January 31, 1995 the property owner of 416 Second Avenue executed a Rehabilitation Agreement, a Promissory Note and a Mortgage in the amount of $1,471 through the Housing Rehabilitation Program; WHEREAS, these documents created a lien against the property; and WHEREAS, on July 16, 1996 the property owner paid the loan of $1,471 plus the one time interest charge of 5% ($73.55) in full. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 416 Second Avenue, Iowa City, Iowa, from an obligation of the property owner to pay to the City the $1,471 which was recorded in Book 1905 Pages 105 through 116 the Johnson County Recorder's Office. Passed and approved this 6th day of August , 1996. MAYOR roved ATTEST: Aum W_,11 �� U& %-a 9 _g,o CITY -CLERK City Attorney's Office ppdrehab\416secnd.res zz g Resolution No. q6-228 Page 2 w i It was moved by Kubby and seconded by Norton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Baker X Kubby X Lehman X Norton X Novick _x Thornberry )(_ Vanderhoef 029' On this (0A day of La., -i- , A.D. 19 171,_, before me, the under- signed, a Notary Public in and t6r said County, in said State, personally appeared Naomi J. Novick 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 corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. 96-22 8 , adopted by the City Council on the 1, day 19 q/, and that the said Naomi J. Novick and Marian K. Karr as sucA officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab%416secnd. rel ji :'�' : 1 40 Notary Public in and for Johnson County, Iowa 2Z 6' Prepared by: Liz Osborne, Program Assistant, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 96-229 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERIC TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 741 DEARBORN STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a certain Rehabilitation Agreement, Promissory Note and Mortgage executed by the owner of 741 Dearborn Street on December 8, 1994 and recorded in Book 1856, Pages 107 thru 118 in the Johnson County Recorder's Office covering the following described real estate: Lot Fourteen (14) in Block Nine (9) in Rundell, Johnson County, Iowa, according to the plat thereof. WHEREAS, the City's lien totals $3,275.00; and WHEREAS, on May 2, 1996, the University of Iowa Community Credit Union, Iowa City, Iowa gave a home equity loan to the owner of 741 Dearborn Street in the amount of $20,000.00 and the loan was secured by a mortgage covering the real estate described above; and WHEREAS, the property owner also has a first mortgage on the property; and WHEREAS, the University of Iowa Community Credit Union was induced to make said loan in anticipation of an agreement by the City to subordinate its lien to the Credit Union's lien; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage to Univerzity of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above described real estate to secure said lien as a third lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Resolution No. 96-229 2 Passed and approved this 6th day of August , 1996. &: o. - -- MAYOR A oved by ATTEST: mGZ91. 111 7-2-44L Q.li.,�.wr CITY -CLERK City Attorney's Office It was moved by Kubby and seconded by Norton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X— Lehman X. Norton X Novick x— Thornberry _x_ Vanderhoef PPDCDBG\dearbom.res n SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa Cit, _herein the City, and University of Iowa Community Credit Union of Iowa i y, owa t' herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $ 3,275.00 and was executed by Christine P. Brus, single (herein the Owner), dated December 8 19_14 , recorded January 5 19 95 in Book 1856 , Pages 107-18ohnson County j Recorder's Office, covering the following -described real property: Lot fourteen (14) in Block Nine (9) in Rundell, Johnson County, Iowa, according to the plat thereof. WHEREAS, the Financial Institution proposes to loan the sum of $ 20,000.00 on a ` promissory note to be executed by the Financial Institution and the Owner, securing a mortgage i covering the real property described above; and - WHEREAS, to -induce the Financial Institution to make such loan, it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial .Institution that the above noted rehabilitation loan held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. .:,� n tv.�..r+��....r..vsu.�.../._.i—...Y..n..�w._.ua.._.—l...ef..........�.`_.......rw...t.........u_..u.....�`...c...u..v.....�v.Wiu .J�.....eo-i..i..__...w..w...n_�......�..... .._.�.�... ,. .._,?. �_�ua.... ._...._.... _.�.. __/ �.�� I�i��. SUBORDINATION AGREEMENT Page 2 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 7th day of August 19 96 CITY OF IOWA CITY 0 INANCIAL I TITUTION By %dao `. %% By Mayor BX,�7 Attest: City Clerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Approved By City Attorney's Office On this 7'� day of Ak�=T 199,# before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 714o,„; ,k. YLU-ick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Grelinanee) (Resolution) No. 96- 229 passed (the Resolution adopted) by the City Council, under Roll Call No. - of the City Council on: the 6 -Pl� day of -A,kGc r- . 19 U, and that '71aon,: S. ;/,- and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. S6-..,4,-, t pp Notary Public in and for the State of Iowa STATE OF IOWA ) SS: JOHNSON COUNTY ) On this I74�1 day of J� A.D. 19-9Lp_, before me, the undersigne a Notary Public i�{, a d for the Stat of Iowa, personally appeared m i +�► and Lbrlo �c� R. W��' , to me personally known, who M SUBORDINATION AGREEMENT Page 3 being by me dul sworn, did say that they are the ArA'Vio,-_Pre< nd k1ore-jil Vreittig ly, of said corporation executing the within I C\ i2LnV o*6&S- instrument to which thl hat said instrument was signed and sealed on b had, If f said corporation by authority its Board of Dire tors, and that the said :Qy�,A mi�g,U�64 s. -11- 1V V Ne;1 as -such officers acknowledged 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 .7 -y- n\1ng\subrdntn.agm I. 7.29 ATTEST: 2 mf'. ?� CI CLERK ppdrehabX1202marc. amd MAYOR Approved by &2Qw- City Attorney's Office Zia i Resolution No. 96-230 Page 2 It was moved by Kubby and seconded by Norton th adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby x Lehman X Norton X Novick x Thornberry X— Vanderhoef 2-370 AMENDED SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust Company of Hills, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain downpayment assistance loan which at this time is in the amount of $2,000.00 and was executed by Carol Hogan (herein the Owner), dated July 10, 1992, evidenced by a promissory note recorded July 14, 1992, in Book 1403, Page 162, Johnson County Recorder's Office, and secured by a Second Mortgage recorded July 14, 1992 in Book 1403, Page 163, Johnson County Recorder's Office covering the following -described real property: Lot 1 in Block 1 of Sunnyside Addition to Iowa City, Iowa, according to the recorded plat thereof. ME WHEREAS, the Financial Institution has loaned the owner the sum of $46,000.00 on a promissory note secured by a mortgage to Financial Institution covering the real property . described above recorded on October 20, 1995 in Book 1986, Page 117, Johnson County Recorder's Office; and %s WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the loan and mortgage held by the City. be subordinated to the lien of the mortgage made by the :Y Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: � ®'. CITY'S ACKNOWLEDGEMENT City Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY ) *k h On this _ 4 day of Awcc s -r __ , 1991, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared J. 71nolcK and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (6rdin'ance) (Resolution) No. 96- 230 passed (the Resolution adopted) by the City Council, under Roll Call No. — — of the . City Council on the 1. day of �uc�.�r- _- 19_2�L—, and that and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa W � i S ' J I SUBORDINATION AGREEMENT Page 2 ' '1 Dated this (o day of CITY OF IOWA CITY FINANCIAL INSTITUTION s t HILLS BANK AND TRUST COMPANY ; By By Mayor Tam D. Finer' Vice President / Attest: By, "s Steve M. Gordon Sewad Vice President IiI City`Clerk , App r ed By v 0-7--74 4 t ®'. CITY'S ACKNOWLEDGEMENT City Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY ) *k h On this _ 4 day of Awcc s -r __ , 1991, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared J. 71nolcK and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (6rdin'ance) (Resolution) No. 96- 230 passed (the Resolution adopted) by the City Council, under Roll Call No. — — of the . City Council on the 1. day of �uc�.�r- _- 19_2�L—, and that and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa W SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) SS: JOHNSON COUNTY ) On this12th _ day of.T� A.D. 19 96 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Tim D. Finer and Steve M. Gordon—,tome personally known, who being by me duly sworn, did say that they are the ice resident and Second Vice President , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Tim D. Finer and Steve M. Gordon as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. in and for the State of Iowa Inwlhoganhbl.agm •� JOHN HlERSEMAN • MY COMMISSION EXPIRES zS0 RESOLUTION NO. 96_23 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DAVIS BUILDING PARTNERS FOR THE SUITE, FIRST FLOOR CENTER, DAVIS BUILDING, 322 E. WASHINGTON STREET, IOWA CITY, IOWA. ' WHEREAS, the City of Iowa City has negotiated a two-year lease agreement with Davis Building Partners for the rental of the suite, first floor center of the Davis Building, 322 E. Washington Street, Iowa City, Iowa. WHEREAS, the City Council deems it in the public interest to enter into said lease for the purpose of renting office space for the Assisted Housing Programs from July 1, 1996, through June 30, 1998, at a cost of $30,735 for the first year and $31,635 for the second year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: is a 1. That the Mayor is hereby authorized to sign and the City Clerk to attest said lease agreement with Davis Building Partners. 2. That the City Clerk shall furnish a copy of the lease agreement to any citizen who requests it. Passed and approved this ATTEST: %� 9f"- CIT–Y CLERK 6th day of August 1996. //1L671cu. �, //dYtC�i MAYOR Approved by &.5 City Attorney's Office It was moved by Kubby and seconded by adopted, and upon roll call there were: AYES: hisasst/davisbld.res Norton the Resolution be NAYS: ABSENT Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef 1 Z31 -'A `p RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DAVIS BUILDING PARTNERS FOR THE SUITE, FIRST FLOOR CENTER, DAVIS BUILDING, 322 E. WASHINGTON STREET, IOWA CITY, IOWA. ' WHEREAS, the City of Iowa City has negotiated a two-year lease agreement with Davis Building Partners for the rental of the suite, first floor center of the Davis Building, 322 E. Washington Street, Iowa City, Iowa. WHEREAS, the City Council deems it in the public interest to enter into said lease for the purpose of renting office space for the Assisted Housing Programs from July 1, 1996, through June 30, 1998, at a cost of $30,735 for the first year and $31,635 for the second year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: is a 1. That the Mayor is hereby authorized to sign and the City Clerk to attest said lease agreement with Davis Building Partners. 2. That the City Clerk shall furnish a copy of the lease agreement to any citizen who requests it. Passed and approved this ATTEST: %� 9f"- CIT–Y CLERK 6th day of August 1996. //1L671cu. �, //dYtC�i MAYOR Approved by &.5 City Attorney's Office It was moved by Kubby and seconded by adopted, and upon roll call there were: AYES: hisasst/davisbld.res Norton the Resolution be NAYS: ABSENT Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef 1 Z31 -'A �S E ,� 232. �'i Prepared by: Charles Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 52240; 319- 356-5141 RESOLUTION NO. 96-233 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF A PUMP TEST/PRODUCTION WELL, A PRODUCTION WELL, AND OBSERVATION WELLS IN THE SILURIAN AQUIFER AT THE IOWA CITY WATER SUPPLY AND TREATMENT FACILITY SITE WHEREAS, the Engineering Division has recommended that the work for construction of a pump test/production well, a production well, and observation wells in the Silurian aquifer at the Iowa City Water Supply and Treatment Facility site, as included in a contract between the City of Iowa City and Aquadrill Inc. of Coralville, Iowa, dated April 25, 1995, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City Council of Iowa City, Iowa. Passed and approved this 6th day of August 1996. ATTEST: 2&d,�A.-) c cJ CIT CLERK MAYOR Approved by '-'WiyAttorney'sOffice d =/- y,6 J It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: i; k ,s. X Baker X Kubby x Lehman X Norton X Novick X Thornberry i_ Vanderhoef . 4 pwengyordanaq.res l i� Prepared by: Dennis Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5142 •. RESOLUTION NO.g6- -4 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND STORM SEWER PUBLIC IMPROVEMENTS FOR LOTS 23, 24, 33 AND 34 IN WEST SIDE PARK WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer and storm sewer improvements for Lots 23, 24, 33 and 34 in West Side Park, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted.. Passed and approved this 6th day of August , 1996. ATTEST: CIT CLERK MAYOR Approved by 4it�Attorne y Office It was moved by Kubby and seconded by Norton the Resolution be adopted, and upon roll call there were: pweng\wsidepk.res AYES: NAYS X X X — X— X— X — ABSENT: Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef Z3� ®tea . A 1J r Prepared by: Dennis Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5142 •. RESOLUTION NO.g6- -4 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND STORM SEWER PUBLIC IMPROVEMENTS FOR LOTS 23, 24, 33 AND 34 IN WEST SIDE PARK WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer and storm sewer improvements for Lots 23, 24, 33 and 34 in West Side Park, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted.. Passed and approved this 6th day of August , 1996. ATTEST: CIT CLERK MAYOR Approved by 4it�Attorne y Office It was moved by Kubby and seconded by Norton the Resolution be adopted, and upon roll call there were: pweng\wsidepk.res AYES: NAYS X X X — X— X— X — ABSENT: Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef Z3� 0 Prepared by: Eleanor Dilkes, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 96-235 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TEMPORARY STORM SEWER CONSTRUCTION EASEMENT AGREEMENT BETWEEN SMITH-MORELAND PROPERTIES, THE CITY OF IOWA CITY, IOWA AND THE AIRPORT COMMISSION WHEREAS, the City and the Airport Commission own and control real estate to the east of West Side Park Addition in Iowa City, Iowa; and WHEREAS, in connection with construction in West Side Park Addition, Smith -Moreland Properties needs to obtain a 15 foot -wide easement on said real estate owned and controlled by the City and the Airport Commission for the construction and installation of a storm sewer; and WHEREAS, a temporary storm sewer construction easement agreement has been negotiated and Smith -Moreland Properties has executed the same; and WHEREAS, said agreement provides that the installation of the storm sewer shall be in accordance with City specifications and the obligation to install, replace and maintain said storm sewer shall remain on Smith -Moreland Properties until completion by Smith -Moreland Properties, and that upon City's acceptance of said storm sewer improvements by resolution of the City Council the easement will terminate; and WHEREAS, Smith -Moreland has agreed to indemnify the City and the Commission against any loss and damage which shall be caused by the negligent exercise of its easements rights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the temporary storm sewer construction easement agreement attached hereto •• is approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest said easement agreement on behalf of the City of Iowa City, Iowa. Passed and approved this 6th day of August '1996. PVRATE SEAL MAYOR Ap ved by p ATTEST: .c%�rr•�x d'I �9�0 CITY CLERK City Attomey's Office eW~smitmm.r" 2143 vacs• 269 �3S Resolution No. 96-235 Page 2 It was moved by Kubby and seconded by Norton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker f X Kubby 4 .: X Lehman X Norton Novick x— - Thornberry �'— Vanderhoef Y;; : 2-143 ?AGE 27 �3� TEMPORARY STORM SEWER CONSTRUCTION EASEMENT THIS AGREEMENT made and entered into by and between Smith -Moreland Properties, an Iowa General Partnership, hereinafter referred to as "S -M", which expression shall include its successors in interest and assigns, the City of Iowa City, Iowa, hereinafter referred to as "City," which expression shall include its successors in interest and assigns, and the Airport Commission of the City of Iowa City, Iowa, hereinafter referred to as "Commission," which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, City and Commission hereby grant and convey to S -M a temporary easement for the purposes of excavating for and the installation of storm sewer lines, pipes, mains and conduits as S -M shall elect for conveying storm water, together with all necessary appliances and fittings for use in connection with said lines and adequate protection thereof, and also a right of way with right of ingress and egress thereto, over and across the following -described premises (hereinafter "easement area"), a plat of which is attached hereto as Exhibit "A": Commencing at the Northeast Comer of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence SO0033'001W, along the East Line of said Section 20, a distance of 377.50 feet, to its intersection with the Centerline of Primary Road No. 1; Thence S35030'30"W, along said centerline, 1838.60 feet; Thence N54029'30"W, 101.30 feet, to the most Easterly Comer of the Iowa Department of Transportation Right of Way Plat, recorded in Book 811, at page 317, of the records of the Johnson County Recorder's Office; Thence S44026'30"W, along the Southeasterly Line of said Right of Way Plat, 7.59 feet to the Point of Beginning of the centerline of a 15.00 foot wide private storm sewer easement, Thence N54029'30"W, along said Centerline, said line being parallel to and 7.50 feet normally distant southerly from the Northerly Line of said Right of Way Plat, 224.41 feet, to the Point of Termination of said 15.00 foot wide private storm sewer easement, said termination point being 42.68 feet South of the Southeast Comer of Lot 3, West Side Park Addition, as recorded in Plat Book 24, at page 45, of the records of the Johnson County Recorder's Office. 1. City and Commission further grant to S -M the following rights in connection with the above: a. The right to grade said easement area for the full width thereof within the easement area. b. The right from time to time to trim, cut down and clear away all trees and brush on said easement area which now or hereafter in the opinion of S- M may be a hazard to said area, or may interfere with the exercise of S - M's rights hereunder in any manner. 2143' GE 271 a 3 s 2 2. S -M shall indemnify City and Commission against any loss and damage which shall be caused by the negligent exercise of said easement rights by S -M, its agents or employees. 3. City and Commission reserve a right to use said easement area for purposes which will not interfere with S -M's full enjoyment of its rights hereby granted. 4. City and Commission hereby covenant with S -M that they are lawfully seized and possessed of the real estate above described, and that they have good and lawful right to convey it or any part thereof. 5. This easement is for the purpose of allowing S -M to construct and install said storm sewer. Said installation shall be in accordance with City specifications and, the obligation to install, replace and maintain said storm sewer shall remain on S -M until completion by S -M. Upon City's acceptance of said storm sewer improvements by resolution of the City Council of Iowa City, Iowa, duly recorded in the Office of the Recorder of Johnson County, Iowa, this easement will terminate. 6. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land and with title to the land. SIGNED this 1(e day of AA W , 1996. By 0-,JA.4r)5_ I City Attomey's Office SMITH-MORELAND PROPERTIES, an Iowa General Partnership ak reland, Jr. 4 CITY OF IOWA CITY, IOWA By: —2". jr, c�— Na i J. WVicX, Mayor By: �� - Marian K. Karr, City Clerk U RPORP,. SEAL 2143 ?AGE 272 for sato state, personauy appeareo Naomi J. NUVIU t anu Migs k211 FXa11, .� 11 V_1 --"—Y known, who being by me duly sworn, did says 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 the City Council of said municipal corporation; and that the said Naomi J. Novick and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public in and for the NOT ®� State of Iowa ARML SEAL r'AcE 2/3 a�� 4 STATE OF IOWA ss: JOHNSON COUNTY) On this _U day of August , 1996, before me, Marian K. Karr, a Notary Public in and for the. State of Iowa, personally appeared Howard Horan and Pat Foster, to me personally known, who, being by me duly swom, did say that they are the Chair and Secretary, respectively, of the Iowa City Airport Commission and that the instrument was signed and sealed on behalf of the Commission, by authority of Resolution No. R -o74 passed and adopted by the Commission on the j_cL_ day of augu , 1996, and that Howard Horan and Pat Foster acknowledged the execution of the instrument to be their voluntary act and deed of the Commission, by it voluntarily executed. Not ublic in and for the State of Iowa legal\eleanorks&M.tce iUpTq1?1 AL SEAL Yv'_ 2A ?AGE 2764 A35 Ju -1 -11 -PO 02:45P barker cruise konne4y etc 319 351 0605 P.02 I7 LEGEND AND NOTES - ° osefn CON1111016 e - 0011011CRI0 Y W ICKI& 1 , R[COIOOw Rcmmm unaa o - ►RopalTr aoww m (STM /N s/ lS Cao) SLCD06 �rr &Z BOUNDARY two 013411 4 Ummr lees - lnttfa t6rs LOT IML 611041" LOT tM36 PLATtm OR fat' 6® TASIUMN earl --. - f1Rl _ h 01W (R) PURPOSE NOTM (1q - 1tAVAUED OYOON6 1 - C16RT somm maim IllYa 60iD OA EMM ALL CONDOM AN N FM AM /t31011176 EkROR OF UO&W IS U3S TITAN 1 FOOT IN M= FEET UMAY CASE64M SMALL EKU)DE ALL P ATim R01T-CF-WAYS AND AMC PROV m roll CAS. cUcTl50TtS TE04*3w- T.V. CAIIi.Vt9p( SAHITARY SEWM WATrR YA74 AIO STORY SUMER 6RAff1AGE t=,ot . fAtaAfi NOROffAST CORKM RONcRw 20 1NO 3/5' RMAR I I mac) 81 1 �1 f 1 e. s D 7 • ^\ CRUM 3= IN rw 'AAAA` t' -w 11 7J0 1 ,4. ®r- POINT OF BEGINNING / x y � SEC" 20 Trou-numw 5 AR E A o S/6' Cenvehenc�bp at Me Norllheosl Conry of Swton 20. Tosnehlp 7O North. Rhes. i Wset M the nnh Prfneysol tberldlop Thanes 500 JS'00-M, done Ms [eat llns of wld Section 20. a dbtanes f 377.30 feat to Its Intersection with tra CentMine of PrlmwY Rood No, 1: Thence S3570'301W. done add aentedkm6 10.7660 het Thence N54W30-N. 101.30 fNL to the meet EwtertY Cor w of the fOeo Devarbn t of TrenporfatJon RIQht of Way Plat reoordad H Book 611. at NM 317. of tins records of the Johnson County Rooarder • OfRoe• Thonw S4420'30'M. ofenq tins SwMwivtfr Line of add 1%ght of way Plat 7.30 feet to the Point of Be9bhnsh9 of fine oenlerhhe a/ o t3.00 feet w4 -e prfwls elsnr weer ewweret Thsner N54S9'30W, olsny ewK P�ht-Alna. odd Ons tho-p Pardlel to and 7.50 feet fcmh06Y dfatmt eauUwcly fe m the Nor~Y t3no of sold Right of Way PIOU 224.41 feet. to the Point of Tsnntnallon of said 19.00 foot wide pfNelo stone sewer Ito ODZ saaMnent. sold tern A%$an paint bebp 62.60 feel South of the Southsosl T:efrher er t.t 3. YNsI wee gds Pax t1 Addga.% w* rsearad be Rot Seek 26. of page 4B. of the rsaerds of Dine JO h County R-oorder's Oflbe. i hereby escury that this Piot =-red by " , ueder y tltracl verwaed wrperwbn. 4 0 oorrs.ee npeeeahbten sf tins suewy node wlth a6 comer- rnar4W as tnlY heed, and Ohet t arw a dWY reebtw" Lae" sw—w abler Eine lass of Ma Stat. of Iwo. Ooh 0. Nsiahaf I.L. 61 L-% k X.S. Id. 61,15 Uy aawds R.0.1redum ehgso Densshbar 31. 1957. Signed peters rrhe BHs dLy d .1956 0 L� meN 71Ys EASB�i'! PLAT ®® e 9 IM COisMANW, Yxq bgm atTt. baa (318) 351-111012io YtiJ" SE 1/4 NE 1/4 SEC 20-79-8 IOWA CITY, IOWA R a,,P,M PVA by dam Ohedrd IN Got# 1413 ?ACE 275 0 t a3S 1i�, J Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St, Iowa City (319) 356-5030 RESOLUTION NO. 96-236 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER, STORM SEWER AND DRAINAGE EASEMENT AGREEMENT AND A SANITARY SEWER EASEMENT AGREEMENT FOR QUAIL VALLEY CONDOMINIUMS IN WEST SIDE PARK, IOWA CITY, IOWA. WHEREAS, pursuant to Title 14, Chapter 5, Article H of the Iowa City, Iowa, City Code, West Side Co. submitted a site plan for a development known as Quail Valley Condominiums within West Side Park; and WHEREAS, City staff has approved the site plan for Quail Valley Condominiums subject to the property owners entering into a Sanitary Sewer, Storm Sewer and Drainage Easement Agreement and a Sanitary Sewer Easement Agreement upon acceptance of the public improvements by the City; and WHEREAS, Public Works is now recommending acceptance of the completed improvements within this development; and WHEREAS, the easement agreements require City Council approval; and WHEREAS, the execution of said easement agreements is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. 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 the Sanitary Sewer, Storm Sewer and Drainage Easement Agreement and the Sanitary Sewer Easement Agreement for Quail Valley Condominiums. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above -referenced Easement Agreements in the Johnson County Recorder's Office at West Side Co.'s expense. aPassed and approved this 6th day of August 1996. MAYOR r I ; ATTEST:utJ pro d By CIT CLERK J i C4ty Al cel �� /- Yl J Z3 Resolution No. 96-236 Page 2 It was moved by Kubby and seconded by Nnrtnn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: y— Baker x_ Kubby x Lehman X Norton X Novick --X— Thornberry x— Vanderhoet 234 SANITARY SEWER, STORM SEWER AND DRAINAGE EASEMENT AGREEMENT FOR WEST SIDE PARK, IOWA CITY, IOWA THIS AGREEMENT made and entered into by and between West Side Co.; Daniel J. Ransford and Judith B. Ransford; Todd M. Williams and Jennifer D. Williams; Rolland R. Ostrander; Frederick C. Wilson and Joan P.C. Wilson; Scott D. Sandvig; Linda M. Noble; Patricia J. McTaggart; Dawn E. Stephens; Joel R. Kasparek and Michele A. Kasparek; Kevin P. Shay; James E. Rohrer; Bruce R. VanHouweling and Laura V. VanHouweling; Lynne G. Hungerford; Joann M. Daly; Andrew Bruce Piro; Steven G. Klesner and Arlene M. Klesner; Linda D. Swift; Harley H. Stigge and Gloria Anne Rohlmann-Stigge; Janet B. Richardson; Susan D. Peterson; Scott A. Miller; Barbara C. Stewart; Brent W. Studer; George R. Hallberg and Lillian M. Hallberg; Dawn R. Beenblossom; Ned B. Mendenhall; Robert E. Money, Jr. and Rhonda F. Money; and Christina C. Frese, hereinafter referred to as Owner, which expression shall include their successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as City, which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable considera- tion, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, an easement for the purposes of excavating for and the installation, re- placement, maintenance and use of such separate drainage - ways, sanitary sewer or storm sewer lines, pipes, mains, conduit as the City shall from time to time elect for con- veying.sewage or storm water, and all necessary appliances and fittings for use in connection with said lines, to- gether with adequate protection thereof and also a right-of- way with right of ingress and egress thereto, including sanitary sewer easements, storm sewer easements or drainage easements (hereinafter "easement areas") over and across the following -described real estate: Beginning at the Northwest Corner of Lot 33, West Side Park, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 24, at Page 296, Records of the Johnson County Recorder's Office; Thence N8903510411E, along the North line of said Lot 33, West Side Park, 5.00 feet; Thence S0000214211W, 200.01 feet, Thence S89035104"W, 20.00 feet; Thence N00002142"E, 199.97 feet to a Point on the North line of Lot 24, West Side Park Subdivision; Thence N8903510411E, along the North -2 - line 2 -line of said Lot 24, 15.00 feet to the Point of �l Beginning. Said tract of land contains 4,000 square feet, more or less, and is subject to ease- ments and restrictions of record. The Owner further grants to the City the following rights in connection with the above: 1. The right of grading said easement areas for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and out- side of said easement areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim and cut down and clear away all trees and brush on said easement areas, and trim and cut down and clear any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said areas, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, maintenance or use by the City or its agents or employees in the course of their employment. The Owner reserves a right to use said easement areas for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner and lot owners shall not erect or construct any build- ing, fence or other structures; plant any trees, drill or operate any well; or construct any reservoirs or other ob- structions on said easement areas; or diminish or.substan- �.-r•j tially add to the 'ground cover upon said easement areas. .ice i The Owner hereby covenants with the City that it is s� lawfully seized and possessed of the real estate above de- scribed, and that it has good and lawful right to convey it or any part thereof. j Nothing•in this Agreement shall be construed to impose a requirement on the City to install the original public im- provements at issue herein. Nor shall the Owner be deemed s acting as the City's agent during the original construction and installation of said improvements. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Owner until completion by the �` _•_y Owner, and until acceptance by the City, as provided by law. u -3- The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land. SIGNED this day of 4,45a5� 199t - Daniel J. R nsford Judith B. Ransford ',Toda M. Williams er D. Aolland R. Ostrander Fred ick C. Wilson Joan P. C. F. e h Wilson i' cott D. Sandvig 1 Lamin M. Noble Patricia . McTag t Dawn E. Stephens i' J el R. Kaspare t`. 3, Michele A. Kasparek `ui t Ile in P. Shay games E. Rohrer R. i ]..I Q.fAlK v • • u.•..v u•.. v. Lynne G. Hungerfo: g - � ff i� Claes �g lJo'trhn M. Daly ( I Andrew Bruce Piro 2-36 -5 - 'Steven G. Kleqodr Arlene M. Klesne2r 'Eincya D. Swift,.,.. Harley 'Stig4e Gloria An Bohlmann-Stigge Janet B. Richardson Susan D. Peterson Scott A. Miller BarbZLra C. Stewart I�1111in M. Hallberg Dawn R. Beenblossom -6- I i Ned B. Mendenhall �LT E. 11�►�: �' Robert E. Mdhefy, Jr. i I YLC x J. Rhonda F. Money Christina C. Frese CITY OF IOWA CITY, IOWA BY: a. awl Naa,i J. 66viqk Mayor BY: Marian K. Karr, City Clerk STATE OF IOWA ) • ) ss: JOHNSON COUNTY ) On this I ;AL day of tX e , 1994, before me, the undersigned, a Nota`fy Public in and for the State of. Iowa, personally appeared Earl M. Yoder and Charles A. Barker, to me personally known, who being by me duly sworn did say that they are the President and Secretary of the corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of the corpora- tion; that said instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that Earl M. Yoder and Charles A. Barker as officers ac- t. 'r J knowledged the execution of the foregoing instrument to be r the voluntary act and deed of the corporation, by it and by _ t� l them voluntarily executed. i ✓`} Notary Public in a d for the j State of Iowa �, �e - _ W Z. ze � �X'� Frederick C. Wilson //oa'nrP.d. Wi son STATE OF FLORIDA ) ss: �_!i�TDTd COUNTY ) On this t;LO;T day of-eY , 1994 before me the undersigned-, a Notary Public in and for the State, person- ally appeared Frederick C. Wilson and Joan P.C. Wilson, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowl- edged that they executed the same as their voluntary act and deed. GILBER 6. MC CURDY My Comm Exp. 8/22/96 'Notary Public i and for rhe 1dOTARY< onded By Service Ins auecic c State of Florida F F� 9� �. rrr��' No. CC214591 o° KpC, * V W 110ftLR 23 ..� k.«�.1...... vim....., ' J -7- STATE OF IOWA ) ss: JOHNSON COUNTY ) - On thisday of�`� , 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Daniel J. Ransford and Judith B. Ransford, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowl- edged that they executed the same as their voluntary act and deed. + allAA JIMF Dotr_ Notary No.171 19.*Opry Public in and for he 1 Comr6� on E*168 State of Iowa STATE OF IOWA ) ss: JOHNSON COUNTY ) On this P day of , 1994, before me the undersigned,.a Notary Public in and for the State, person- ally appeared Todd M. Williams and Jennifer D. Williams, to me known to be the identical persons named in and who. .. executed the within and foregoing instrument, and acknowl- edged that they -executed the same as their voluntary act and deed. IRVINE DpNp Notary Public in and for the ft0ftq Public,MARVINE HOE State of Iowa No, 17116602 of laws +i�DdtlfiJSBJpp Expires Ocbbw 19, INS 23h STATE OF IOWA ) ss: JOHNSON COUNTY ) �. -s- On this qday of1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Rolland R. Ostrander, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. gJARvl M17102 j*jWy public in and or the CMW*6&neq State of Iowa STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of 4, before me the undersigned, a Notary Public in an r the State, person- ally appeared Frederick C. Wils and Joan P.C. Wilson, to me known to be the identica ersons named in and who executed the within and regoing instrument, and acknowl- edged that...they exec d the same as their voluntary act and deed. Notary Public in and for the State of Iowa STATE OF IOWA ) ss. JOHNSON COUNTY ) On this relay of 1994, before me the undersigned, a Notary Pub in and for the State, person- ally appeared F•. Joseph Wilson, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. AVUWM NOTARY Public in and for the C*n""" ENVIM 098dW 14 IM State of Iowa 23 � c t � -9- STATE OF IOWA ss: JOHNSON COUNTY ) On this day of1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Scott D. Sandvig, to me known to be the iden- tical person named in and who executed the within and fore- going instrument, and acknowledged that he executed the same as his voluntary act and deed. MARVINE DONOMM N tart' Public in and for the Notary Public, State of k Mea► State of Iowa No. 171602 19e Commission Expires O STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of .1Li , 1994, before me the undersigned, a Notary Publi:d -in and for the State, person- ally appeared Linda M. Noble, to me known to be the identi- cal person named in and who executed the within and fore- going instrument, and acknowledged that she executed the same as her voluntary act and deed. W011t4e Dot4ovi or - public. State of l Hotarl No. 171602 o ary Public in and for the GWM*WW State of Iowa 23& -10- STATE OF IOWA ■ ss: JOHNSON COUNTY ) On this day of , 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Patricia T. McTaggart, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. ry'Public in and for the VMajPubftqWWQ1State of Iowa "92617102 aOp lesion STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of , 1994, before me the undersigned, a Notary Publi6 in and for the State, person- ally appeared Dawn E. Stephens, to me known to be the iden- tical.person.named in and who executed the within.and fore- going instrument, and acknowledged that she executed the sameas her -.voluntary act and deed. MARVINE DON ry Public in and for the NotaryPublic, State 0 Iowa State of Iowa Na. 171602 OWdnbsion fires OMber 19.1995 z3� 'I i i i. f L. t' z3� 3 -11- STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of ��, 1994, before nie the undersigned, a otary Publi in and for the State, person- ally appeared Joel R. Kasparek and Michele A. Kasparek, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowl- edged that they executed the same as their voluntary act and deed. MARVINE DON DH Notary Public. State of 1 No. 171602 Notar Public in and for the CoMmisdortEOctober 19,1996 State of Iowa STATE OF IOWA ) ss* JOHNSON COUNTY ) On this61!1 day of , 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared. -Kevin P. Shay, to me known to be the.. identical person named in and who executed the within and foregoing instrument,_and..acknowledged that he executed the same _as_ his voluntary act and deed. 1 otary Public In and for the ;tats of tows State of Iowa October 19* 190 23( �7 f, .... .. .. .• .� .. .I:. -12- STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 5(IJ day of �!�� , 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared James E. Rohrer, to me known to be the identi- cal person named in and who executed the within and fore- going instrument, and acknowledged that he executed the same as his voluntary act and deed. oaC l ry Public in and for the FiV1 . 01 State of Iowa 00 f'W 171 19.190 STATE OF IOWA ss: JOHNSON COUNTY On this day of , 199&, before me the undersigned, a Notary Publin and for the State, person- ally appeared Bruce R. Van ouweling and Laura V. VanHouweling, .to me known to be the identical -.persons named in and who -executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. .,nNONS s 1 tary Public in and for the ' j• L Cc �O State of Iowa •v� y�r 1 Co��`v J• r Z.36 •y' -13 - STATE OF IOWA ) ss: JOHNSON COUNTY ) On this �/ day of 1994, before me the undersigned, a Notary Publi in and for the State, person- ally appeared Lynne G. Hungerford, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. MARVINE DON � MARVOFN ar Public in and for the Public, of Iowa State of Iowa NO. 171602 met 19, tg�g STATE OF IOWA ) ` ) ss: JOHNSON COUNTY ) `- On this _/q -day of0 j 1994; before me the undersigned, a Notary Public in and for the State, person- ally appeared Joann M. Daly, to me known to be the identical person named in and who executed the within and foregoing instrument, and: --acknowledged that she executed the -same as - her voluntary act and deed. �gINE DONOHOE " R Notary Public Notatme l 5602 in and for the ^ State of Iowa ,' t oEq*W_c 19, 178 -14 - STATE OF IOWA ss: JOHNSON COUNTY K On this day of 1994, before me the undersigned, a Notary Public in and for the State, person - ii appeared Andrew Bruce Piro, to me known to be the iden- tical person named in and who executed the within and fore- going instrument, and acknowledged that he executed the same as his voluntary act and deed. MARVINCONOSO Notary\,Public in and for -the staw 01 kwa Notary -State of Iowa Ngo.171602 cwmvlsda EXPIMS STATE OF IOWA ss: JOHNSON COUNTY On this 7 day of 1995, before me the undersigned, a Notary Public in a for the State, person- ally appeared Steven G. Klesner and Arlene M. Klesner, to me ]mown to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Z) Notaj;,yf Public in an or the State of Iowa i STATE OF IOWA ) ss: ' JOHNSON COUNTY ) jam' - .k..,.�..y „W,.c:u..�..s,�._._='_ - _ �........._....,...�..v..,:�iwai,�_._......................_.r..,, ...._.a ,u_ {�. On this f day ,.. k I, ally appeared Harley H. Stigge and Gloria Anne Rohlmann- Stigge, to me known to C STATE OF IOWA ) V `' ss: knowledged that they executed the same as their voluntary JOHNSON COUNTY ) act and deed. On this da of 01/e/Y1,Gp�J y 1994,. before me the Y undersigned, a Notary Public in and for the State, person- ally appeared Linda D. Swift, to me known to be the identi- cal person named in and who executed the within and fore- going instrument, and acknowledged that she executed the same as her voluntary act and deed. BETTY ANDERSON . LNotary Public in and for the State of Iowa i STATE OF IOWA ) ss: JOHNSON COUNTY ) On this f day of Lle PA -fes' , 1994, before me the undersigned, a Notary Public in and for the State; person- ally appeared Harley H. Stigge and Gloria Anne Rohlmann- Stigge, to me known to be the identical persons named in and who executed the within and foregoing instrument, and ac- knowledged that they executed the same as their voluntary act and deed. Notary P. lic in and for the eerry ataneasC:t tate of Iowa STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of �'1� `uih� , 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Susan D. Peterson, to me known to be the iden- tical person named in and who executed the within and fore- going instrument, and acknowledged that she executed the 1' same as her voluntary act and deed. `i BETTY ANDERSON5 -Notarl' Public in and for the o” State of Iowa J Z4 } x '.:.`3, J ,.:. .�..v...ucsw+.L .__„. ....,,,._ ".u6:::e! •• _J:.._.uu.:.v.c...L::.L:.u'::SL..x..........,_ua._u✓u.v_....e_iW,..vL1 i, • � .I 1I -16- STATE OF IOWA ) ss: JOHNSON COUNTY j a ^ On this 16 day of � , 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Janet B. Richardson, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her1f1,Tr!p��, and deed. 'j, Notary Public, State off Iowa C� No. 1716o2 Commission Expires O ber19, i tart' Public in and for the State of Iowa 1 STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of �'1� `uih� , 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Susan D. Peterson, to me known to be the iden- tical person named in and who executed the within and fore- going instrument, and acknowledged that she executed the 1' same as her voluntary act and deed. `i BETTY ANDERSON5 -Notarl' Public in and for the o” State of Iowa J Z4 -17- STATE OF IOWA ) ss: JOHNSON COUNTY �1 j On this �� / day of no U&4t.6 Vr_-, , 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Scott A. Miller, to me known to be the identi- cal person named in and who executed the within and fore- going instrument, and acknowledged that he executed the same as his voluntary act and deed. �--7� Notary blic in and for the State of Iowa STATE OF IOWA ) ss: JOHNSON COUNTY ) On this-- :�._.7 -day of 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Barbara C. Stewart, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. Notary lic in and for the State of Iowa 2.34 STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of vLfb"•46-v, 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Brent W. Studer, to me known to be the identi- cal person named in and who executed the within and fore- going instrument, and acknowledged that he executed the same as his voluntary act and deed. w c BEM ANDERSON T �s, Notary blic in and for the State of Iowa STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of 1994, before me the undersigned, a Notary Public and for the State, person- ally appeared Ned B. Mendenhall, to me known to be the iden- tical person named in and who executed the within and fore- going instrument, and acknowledged that he executed the same as his voluntar W . Watov Ptwic. Stats of Iowa 602 lft171r 19.1996 �w�-,Z E Notary Public in and for the State of Iowa 23b 2 t , V 1 -19- STATE OF IOWA ) ss: 1 JOHNSON COUNTY j g On this 119 day of �n� �__, li�,r�, 1994, before me the E undersigned, a Notary Public in and for the State, person- ally appeared Dawn R. Beenblossom, to me known to be the j: identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. MARVINE DONO Notary Public, State of I No_ 171602 otary Public in and for the Cotnm"on EVfts October IS, 19M State of Iowa STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of 1994, before me the undersigned, a Notary Public and for the State, person- ally appeared Ned B. Mendenhall, to me known to be the iden- tical person named in and who executed the within and fore- going instrument, and acknowledged that he executed the same as his voluntar W . Watov Ptwic. Stats of Iowa 602 lft171r 19.1996 �w�-,Z E Notary Public in and for the State of Iowa 23b x� i rr �IvT -20- tl i I STATE OF IOWA j ss: 1; JOHNSON COUNTY t. . On this 2--D day of 1994, before me the I _t, undersigned, a Notary Public and for the State, person- `� ally appeared Robert E. Money, Jr. and Rhonda F. Money, to me known to be the identical persons named in and who i executed the within and foregoing instrument, and acknowl- edged that they executed the same as their voluntary act and deed. MARVINE DON®HOE r, Public, Notary Public, State of low tat �Tdtar Public in and for the Commission Expires October 19, 1996 State of Iowa r 3 i \ 4 t STATE OF IOWA )' j ss: '. JOHNSON COUNTY On this - a'7 day of 1994, before me the undersigned, a Notary Public in and for the State, person-. ally appeared Christina C. Frese, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the ' same as her voluntary act and deed. F_ sac :' .o' '� s- Notary Pu is in and for the `; �7TY ANnERSO;d State of Iowa c F p t i }' a/ 1. F' -21- STATE OF IOWA ) )SS: JOHNSON COUNTY 1 �A, A On this to day of 1996, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick 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; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the Naomi J. Novick and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation by them voluntarily executed. Notary Public in and for the State of Iowa z3� 20'x20. STORM��– EASMENT j Lot 24 ^' O o N Lot 23 S 89'35'04" 20.00' W I 00 ! I 3 In N SSTOIRM Y Q SENDER, N 89.35'04" E 303.19' 140.46' SEWER h DRAINAGE . ,.. EASEMENT –� Z Lot 23 S 89'35'04" 20.00' 00 f N 89.35'04" E 303.19' 140.46' — -- — ---------- --- S 0024'56" a E �` — — _Z/ S 89"35b4" W — —J/ 162.85' 15 �. SANITARY E 10,00'----- 15.00' DTIUTY EASEMENT Z ; o ° c o v° o` N 00'02'42" E SEWER_, U . 15.00' EASEMENT c5 0 � NORTH :21 ° 10.00• UnLJTY - S. EASEMENT Lot 33 x 0 - 1 HEREBY CERTIFY THAT THIS PLAT, MAP, SURVEY OR W W REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY REGISTERED Z LAND SURVEYOR UNDER THE LAWS OF THE STATE OF - IOWA. W Cf) $ BERT D. NICKEL REG N0. 7036 DATE MY REGISTRATIO EXPIRES, DECEMBER 31, 19 rff d SI N BEFO E E IS /0 DAY ,Ovy�L ✓L/ -g-� Date: 11-09-94 ' OT RY PU STATE OF„�t�WA y�tanE4 lE j•�iC ,� Z Field dock No: "" `S7 Score: O z. 1"=30' Sheet 1 t Lot 34 D. 1 Sheets Project Number: 0916-038 .::... - r l; `i .r Prepared by: Sarah E. Holecek, Asst. City Attomey, 410 E. Washington St., Iowa City, (319) 356-5030 RESOLUTION NO. 96-237 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE STORMWATER i MANAGEMENT EASEMENT FOR WINDSOR RIDGE PART SIX WHEREAS, the Subdivider's Agreement and Stormwater Management Easement Agreement for Windsor Ridge Subdivision Part Six obligate the Developer to construct stormwater management facilities in various parts of the subdivision; and WHEREAS, in October, 1994, the City and Developer entered into a Partial Release Agreement for the Developer's stormwater management obligations on Parts One through Five, which obligations are secured by an irrevocable letter of credit; and WHEREAS, the stormwater management obligations of Windsor Ridge Part Six are served by basins constructed on portions of Parts One and Three which are already covered by the current letter of credit and partial release agreement; and WHEREAS, the City does not ordinarily release a development from the construction requirements relating to stormwater management facilities until the City Engineer certifies that permanent groundcover is established and mowable; erosion and sedimentation are wholly or substantially controlled; substantially all lots within the tributary area in the development have been developed and/or the public improvements are otherwise complete and acceptable; and WHEREAS, in the interim, a lien remains on the above lots of Windsor Ridge Part Six with a : cloud on the titles to all lots in said development; and U 6i WHEREAS, local builders and financial institutions are unable to market local mortgages on the secondary mortgage market by reason of these liens and clouds on the title; and WHEREAS, the Partial Release Agreements would remove the cloud on the title to the lots in said Windsor Ridge Part Six, while protecting the City by reason of the lien attaching to the established irrevocable letter of credit; and WHEREAS, the remaining requirements for construction, maintenance, access and other requirements of the City -Subdivider Agreements would continue in full force and effect, in order to protect the interests of both parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: -a,3 drawn to the benefit of the City of Iowa City is reasonable under the circumstances and protects the City's interests. 3. The Mayor is hereby authorized to execute and the City Clerk to attest the Partial Release Agreement. The City Clerk is further authorized and directed to certify a copy of this resolution and to record the same along with the agreement in the Johnson County Recorder's Office at Arlington L.C.'s expense. 4. Upon certification from the City Engineer that construction of the stormwater management facilities and pedestrian walkways/trails has been satisfactorily completed; permanent groundcover has been established and is mowable; erosion and sedimentation has been wholly or substantially controlled; and, in the opinion of the City Engineer, substantially all lots within the tributary area in the Development have been developed, the Mayor and City Clerk are authorized to execute a final release of the I stormwater management obligations for Windsor Ridge Part Six for recordation in the ;a office of the Johnson County Recorder. It was moved by Kubby and seconded by Norton the Resolution be adopted, and upon roll call there were: _. I AYES: NAYS: ABSENT: X Baker X Kubby X Lehman - �— Norton Novick X Thornberry X Vanderhoef !. jr ,J+ Passed and approved this 6th day of August 1996. c MAYOR I rove by - i G, ATTEST: ,> 2L X�� CI CLERK (City A mey's i e Q ' �^ {, sarahhVanduse\wrld6stmits !�p AMENDMENT TO LIMITED RELEASE AGREE14ENT This Amendment to Limited Release Agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"), and Arlington, L.C., an Iowa Limited Liability Company (hereinafter "Subdivider"), who hereby state as follows: WHEREAS, by reason of a Subdivider Agreement recorded in the Johnson County Recorder's Office for Windsor Ridge -Part Six dated October 24, 1995 and recorded in Book 1996, Page 245, Subdivider is obligated to construct storm water control facilities as required by City and as a benefit to said subdivision; and WHEREAS, the parties have previously executed a Limited Release Agreement, and City has passed Resolution No. 94-326, said Agreement and Resolution having been recorded December 12, 1994 in Book 1846, Page 51, Miscellaneous Records of Johnson County, Iowa; and WHEREAS, the above-described Limited Release Agreement and Resolution transfer City's real estate lien for the construction of storm water control facilities for Windsor Ridge -Parts One through Five to funds referenced in said Agreement; and WHEREAS, the funds escrowed under the above-described Limited Release Agreement are sufficient to cover the storm water control facilities requirements for Windsor Ridge -Part Six; and WHEREAS, the parties desire to amend the above-described Limited Release Agreement to transfer City's real estate lien for the construction of storm water control facilities for Windsor Ridge -Part Six to the funds referenced in said Agreement. NOW, THEREFORE, IN MUTUAL CONSIDERATION OF THE FOREGOING, THE PARTIES AGREE AS FOLLOWS: 1. The Limited Release Agreement previously recorded December 12, 1994 in Book 1846, Page 54, Miscellaneous Records of Johnson County, Iowa, is amended as follows: A. The following paragraph is added as subparagraph E of paragraph 1: E. Windsor Ridge -Part Six dated October 24, 1995 and recorded in Book 1996, Page 245. B. The Standby Letter of Credit attached hereto is substituted as Exhibit "A" of the Agreement. C. Paragraph 6 of the Agreement is amended to read as follows: 0-74 Ilaig Naomi Nov' {, Mayor Marian ' -K. Karr, City Clerk E a37 ::d\\ 3 -:�3/ ISSUING BANK: Iowa State Bank & Trust Company Banking Division 102 S. Clinton Street Iowa City, Iowa 52240 U.S.A. DATE AND PLACE OF ISSUE: 09/30/96 Iowa City, Iowa, U.S.A. APPLICANT: STANDBY LETTER OF CREDIT #329 DATE AND PLACE OF EXPIRY: 09/30/97 at our counters BENEFICIARY: ARLINGTON L.C. CITY OF IOWA CITY 1700 S. 1st Avenue 410 E. Washington Street Iowa City, Iowa 52240 Iowa City, Iowa 52240 AMOUNT: USD7, 500. 00 (SEVEN THOUSAND FIVE HUNDRED AND 00/100 ONLY U.S. DOLLARS) We hereby issue our Standby Letter of Credit No. 329 in favor of City of Iowa City ("Beneficiary"), for the account of Arlington L.C., for the sum not to exceed USD7,5000.00(SEVEN THOUSAND FIVE HUNDRED AND 00/100 ONLY U.S. DOLLARS) available by your draft(s) at SIGHT drawn on Iowa State Bank & Trust Company, Iowa City, Iowa accompanied by the following document: A Beneficiary's signed statement, signed by an authorized representative of City of Iowa City, stating: "We certify that Arlington L.C. has not completed storm water control facilities for Windsor Ridge - Parts one through six in a satisfactory manner. This includes, but is not limited to $7,500.00 for public improvements and payment has not been received from Arlington L.C., or any other source." ADDITIONAL CONDITIONS: If the storm water control facilities described herein are not �;. completed on or before September 30, 1997, this Letter of Credit may be �_^ x renewed upon application to and Trust Company. at the discretion of Iowa State Bank & P.O. Box 1700, Iowa City, IA 52244-1700 ■ Toll -Free 1-800-247-4418 FAX 319-356-5849 'h! Main Bank Clinton St. Office Keokuk St. Office Rochester Ave. Office Coralville Office Cub Foods Office 102 S. Clinton St. 325 S. Clinton St. Keokuk St. & Hwy. 6 Bypass 2233 Rochester Ave. 110 First Ave./Coralville 855 Hwy 1 West. Suite lo: g 356-5800 356-5960 356-5970 356 5980 356-5990 356-5949 4 .,I Standby Letter of Credit No 329 Page 2 September 30, 1996 If this Letter, of Credit is not renewed and Arlington L.C., does not place $7,500.00 in escrow with the City to secure the completion of the storm water control facilities, there shall be an automatic draw on this Letter of Credit prior to its expiration payable to the City of Iowa City, Iowa,' to complete the improvement. This payment shall be drawn off the Arlington L.C. line of credit maintained with Iowa State Bank & Trust Company. All drafts must be marked "Drawn under Standby Letter of Credit No. 329 of Iowa State Bank and Trust Company, Iowa City, Iowa dated September 30, 1996." We hereby engage with you that drafts drawn hereunder in compliance with the terms and conditions of this credit will be duly honored if presented to Iowa State Bank & Trust Company, Main Office -Banking Division, 102 S. Clinton Street, Iowa City, Iowa 52240 between the hours of 9:00 a.m. and 5:30 p.m. Central Standard Time, on or before the expiration date. Partial drawings are permitted. Drawings under this credit must be accompanied by the original of this credit and amendments thereto. All banking fees other than those due Iowa State Bank & Trust Company, Iowa City, Iowa are for the account of the Beneficiary. Unless otherwise expressly stated, this credit is subject to Uniform Customs and Practices for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500, as from time to time amended, and is governed by the Uniform Commercial Code of Iowa, as from time to time amended. IOWA STATE BANK & TRUST COMPANY Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, (319) 356-5030 RESOLUTION NO. 96_238 RESOLUTION AUTHORIZING THE IOWA CITY POLICE DEPARTMENT TO FILE AN APPLICATION FOR A LOCAL LAW ENFORCEMENT BLOCK GRANT FOR THE PURPOSE OF PROCURING EQUIPMENT, TECHNOLOGY AND OTHER MATERIALS DIRECTLY RELATED TO BASIC LAW ENFORCEMENT FUNCTIONS AND TO AUTHORIZE THE COMMITMENT OF LOCAL MATCHING FUNDS AS REQUIRED BY THE GRANT PROGRAM WHEREAS, Bureau of Justice Assistance (BJA) of the U.S. Department of Justice has established a formula block grant program to be funded under the final FY 1996 appropriations bill which will provide cities and towns with direct flexible assistance to develop or enhance anti- crime, anti-drug, and violence prevention initiatives; and . WHEREAS, the State of Iowa was awarded $1,532,350 to distribute to local governments, and the Iowa City Police Department wishes to make application for $34,993 in Local Law Enforcement Grant funds for the purpose of procuring equipment and technology; and WHEREAS, the Local Law Enforcement Block Grant Program requires a commitment of local matching funds in the amount of $3,888 prior to Iowa City's submission of the final grant application for $34,993; and WHEREAS, it is in the public interest to authorize the Iowa City Police Department to file an application for a Local Law Enforcement Block Grant in the amount of $34,993 for the purpose of procuring equipment and technology and to commit local matching funds in the amount of $3,888 to secure a Local Law Enforcement Block Grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: f 1. It is in the public interest to authorize the Iowa City Police Department to file an application for a Local Law Enforcement Block Grant in the amount of $34,993 for the i purpose of procuring equipment and technology and to commit local matching funds in 4 c the amount of $3,888 to secure a Local Law Enforcement Block Grant. 2. The Iowa City Police Department is hereby authorized to file an application, including r all understandings and assurances required therein, for a Local Law Enforcement Grant, f and that local funds in the amount of $3,888 are hereby committed as a match of said grant funds, for the purpose of procuring equipment and technology. s 77411 �t a ! k` j Passed and approved this _____j6th _day of Migimf 1996 q &31 Prepared by: Karin Franklin, PCD Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 96-23 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERIC TO ATTEST AN AGREEMENT BETWEEN JOHNSON COUNTY, IOWA AND IOWA CITY, IOWA, ESTABLISHING POLICIES FOR DEVELOPMENT OF LAND WITHIN THE EXTRATERRITORIAL AREA OF IOWA CITY AND INCORPORATING THOSE POLICIES INTO THE IOWA CITY COMPREHENSIVE PLAN. WHEREAS, Chapter 28E of the Code of Iowa (1995) enables two or more local governments to enter into agreements to cooperate for their mutual advantage; and WHEREAS, the Development Policy for Rural Johnson County adopted, January 1979, calls for the preparation and adoption of development plans and agreements between the County and the City regarding the municipality and its environment; and WHEREAS, the Iowa City Comprehensive Plan Update adopted in January 1989, and amended through March 1993, outlines the extent of urban development expected within the next 20 years and outlines land use policies for Iowa City; and WHEREAS, it is in the interest of Johnson County and the City of Iowa City to establish policies for the orderly growth and development within the City's extraterritorial jurisdiction; and WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are necessary to more effectively and economically provide services for future growth and development and to protect and preserve the extraterritorial area's natural resources and its environmentally sensitive features. NOW, THEREFORE, BE IT RESOLVED THAT: 1 . The City Council of the City of Iowa City, Iowa hereby accepts and agrees to the policies regarding annexation, zoning and subdivision review for the various designated areas included in the attached Fringe Area Policy Agreement between Johnson County, Iowa and Iowa City, Iowa; and 2. The City Council of the City of Iowa City hereby incorporates the Fringe Area Policy Agreement into the Iowa City Comprehensive Plan; and 3. The City Council of the City of Iowa City, Iowa hereby authorizes the Mayor to sign and the City Clerk to attest to the attached 28E Agreement between Johnson County and Iowa City establishing land use policies for the two-mile extraterritorial jurisdiction of Iowa City, for recordation as provided by law. ZS? Resolution No. 96-239 Page 2 Passed and approved this 6th day of August , 1996. MAYOR Approved b ATTEST: CIT CLERIC CI y Attorney's Office It was moved by Nnrtnn and seconded by Thnrnharry the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman �— Norton Novick x_ Thornberry X Vanderhoef ppdadmin\2mileic.res FRINGE AREA POLICY AGREEMENT BETWEEN JOHNSON COUNTY AND IOWA CITY WHEREAS, Chapter 354, Code of Iowa (1995) allows the City of Iowa City to establish an extraterritorial area, known as the fringe area, within two miles of the city boundaries for the purpose of reviewing and approving subdivisions; and WHEREAS, Chapter 354 further grants the City the authority to require that subdivisions within the fringe area adhere to the City's subdivision standards and conditions, unless the City establishes alternative standards and conditions for review and approval of subdivisions via a 28E agreement between the City and the County; and WHEREAS, Chapter 28E of the Code of Iowa (1995) enables two or more local governments r to enter into agreements to cooperate for their mutual advantage; and WHEREAS, the Development Policy for Rural Johnson County adopted January, 1979, calls for the preparation and adoption of development plans and agreements between the County and the City regarding the municipality and its environment; and WHEREAS, the Iowa City Comprehensive Plan Update adopted in January, 1989, and amended through March, 1993, outlines the extent of urban development expected within the next 20 years; and WHEREAS, it is in the interest of Johnson County and the City of Iowa City to establish policies for the orderly growth and development within the City's fringe area; and a WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are necessary to more effectively and economically provide services for future growth and ' development and to protect and preserve the fringe area's natural resources and its environmentally sensitive features. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: i SECTION I. FRINGE AREA DEVELOPMENT POLICIES r The parties accept and agree to the following development policies regarding annexation, Y _ zoning, and subdivision review for the Iowa City fringe area as authorized by Chapter 354, { Code of Iowa (1995)• Purpose: The Fringe Area Policy Agreement is intended to provide for orderly and efficient development patterns appropriate to a non -urbanized area, protect and preserve the fringe area's natural resources and environmentally sensitive features, direct development to areas with physical characteristics which can accommodate development, and effectively and economically - E provide services for future growth and development. In light of these objectives, the City and the County examined the development capabilities of the Iowa City fringe area and determined that development within this fringe area is to i -2-:I A. Land Use Plan I i The Land Use Plan, attached to this Agreement as Attachment 1, illustrates the land use patterns for the fringe area. is B. Development Standards The following standards apply to unincorporated development in the fringe area. 1. Discourage development in areas which conflict with the Johnson County Comprehensive Plan which considers CSR (Corn Suitability Rating), high water table, wetlands, floodplain, non -erodible soil, and road suitability. i 2. Protect the public health by requiring developers to meet or exceed minimum standards for water and wastewater systems in all developments within the Iowa City Fringe Area pursuant to Johnson County Public Health Department Regulations. i 3. Encourage cluster development which preserves large tracts of open space i including environmentally sensitive areas and farm land, results in compact development which requires less infrastructure, and is more efficient for provision of services. i Z C. Fringe Area Development Policies The parties agree to apply the following fringe area development policies. FRINGE AREA A { 1. Permit residential development by considering, on a case-by-case basis, proposals f to rezone land in this area to RS -3 (one dwelling unit per three acres of lot area). RS zoning will be considered if the application to rezone includes a plat showing a minimum of 50% of the property as an, outlot designated as open space or s agriculture. Development must comply with City Rural Design standards contained i in Appendix A. r � 2. If land is annexed within Fringe Area A, the City agrees that it will not �~ automatically extend its fringe area authority to review and approve all j subdivisions, which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review :�..J t the extension of its fringe area as a result of annexation on a case-by-case basis ' in consultation with Johnson County. t ft e ) FRINGE AREA B I } As set forth in Iowa City's adopted growth policy, the City will likely annex land within r one mile of Iowa City to the east and within two miles of Iowa City to the south in the short-range. It is therefore consistent with the purpose of this agreement that rural subdivisions within these areas of high annexation potential be required to meet City £' Urban Design Standards contained in Appendix A. 1. Land within Iowa City's Growth Area. As applications are received to develop land contiguous to and within the growth limits of the city, the City will give favorable i tr 1 f _ 3 , �,: " -3- consideration to the voluntary annexation of this land and its development at an urban density in conformance with the City's adopted land use plan for Fringe Area B (Attachment 2). Prior to annexation, any zoning changes in Iowa City's projected growth area shall also be consistent with the City's adopted land use plan for Fringe Area B. Subdivisions within Iowa City's projected growth area shall conform to City Urban Design Standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer !� lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells with sanitary sewer and water collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions which are approved prior to annexation shall be required to be cluster ° he development designated developments with a minimum of 50% of op as an outlot for open space, agriculture, or future development upon annexation. 2. Land outside Iowa City's Growth Area. On the balance of land in Area B that lies outside Iowa City's projected growth area, agricultural uses are preferred. However, consideration will be given to applications for single-family residential 1111 development at a density of RS -10 (1 dwelling unit/10 acres). This development must conform to Rural Design Standards. 3 3. Upon annexation of land within Fringe Area B, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-case basis in consultation with Johnson County. FRINGE AREA C ' 1. Land within Iowa Citv's Growth Area. Land in Area C which is presently zoned for residential development, and within Iowa City's growth area, may develop in conformance with existing zoning, provided subdivisions shall conform to City /. Urban Design standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells with sanitary sewer and water i collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions which are approved prior to annexation shall be required to be cluster developments with a minimum of 50% of the development designated as an outlot ' for open space, agriculture, or future development upon annexation. � f Upon annexation to Iowa City, commercial and/or industrial development is encouraged in the portion of Section 20 of West Lucas Township that is located in the east and south quadrants of the Highway 1 and Highway 218 interchange. It is consistent with the purpose of this agreement not to approve commercial f' 237 -4 - and/or industrial developments within this area prior to annexation. As stated in I the Johnson County Rural Development Plan, commercial and/or industrial development will be encouraged to locate in the interchanges of paved roads. Commercial and/or industrial development will be discouraged in all other areas of �\! Fringe Area C. As applications are received to develop land contiguous to Iowa City and within this portion of the City's growth area, the City will give favorable consideration to the voluntary annexation of this land and its development for commercial and/or industrial uses consistent with urban development patterns. 2. Land outside Iowa City's Growth Area. In the portions of Area C which are not within Iowa City's growth area and which are zoned for non-farm development, development may occur in conformance with Johnson County's Zoning Ordinance and City Rural Design Standards. The land in Area C currently zoned A-1, Rural, and outside the City's growth area will be considered, upon receipt of an application, for rezoning to RS -10 (1 dwelling unit/10 acres). RS -5 (1 dwelling unit/5 acres) will be considered if the application to rezone includes a plat designating a minimum of 80% of the property as an outlot for open space or agriculture. .,r O f y; Rural Design Standards will apply to all development outside the City's growth area. 3. Upon annexation of land within Fringe Area C, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-case basis in consultation with Johnson County. SECTION H. PROTECTING AGRICULTURAL OPERATIONS Any regulations in the Fringe Area Agreement will not interfere with the Right to Farm, as contained in the Code of Iowa Chapter 335.2, Farms Exempt; and as noted in the Johnson County Zoning Ordinance, Chapter 8.2, Protecting Agricultural Operations. SECTION 111. ADMINISTRATIVE POLICIES As a rule, zoning regulation is the county's prerogative if a county has adopted a zoning ordinance. The City, however, exercises authority over subdivision regulation in a city's fringe area. Annexation is also primarily under exclusive rule of cities. Each of these activities, however, affects both jurisdictions and produces a clear need for coordination and joint administration. To that end, the City of Iowa City and Johnson County agree to the following procedures for administration of land use regulations. A. Zoning Regulation: 1. Zoning regulation for all unincorporated territory will remain under the authority of the Johnson County Zoning Ordinance and the provisions of Chapter 335, Code of Iowa (1995), the enabling legislation for the County's zoning powers. 239 it ' - -5- �I 2. Pursuant to Section 8:1.30 of the Johnson County Zoning Ordinance, any person a j may request a variance to the lot area regulations of the zoning ordinance or appeal the decision of any officer of the County as that decision relates to enforcement of the Zoning Ordinance. y 3. The County will forward each request for rezoning of property within the Fringe i '9 Areas specified in this Agreement to the City for review and comment prior to the public hearing before the County Planning and Zoning Commission. Any zoning change will conform with the policies identified for the Area in which the property is located. 4. Properties zoned for a classification which is inconsistent with this Agreement, at ( { the time this Agreement is executed, shall retain the rights under that zoning, f( unless and until such zoning is changed through due process. � B. Subdivision 'Regulation: 1 1. Subdivision of land within Iowa City's fringe area will be required to conform to - either City Rural Design Standards or the City Urban Design Standards in accordance with the policies specified in this Agreement. 2. Persons wishing to subdivide land within the fringe area specified in this Agreement shall be required to simultaneously file a subdivision application with both the City and the County. The City and the County shall coordinate the processing of the application to ensure concurrent review by both the City Planning !I and Zoning Commission and the County Planning and Zoning Commission. 3. Subdivisions of land into less than three lots will continue to be regulated by the County. C. Annexation: 1. Iowa City will annex territory only in accordance with the policy statements I specified in this Agreement. 2. The City will, upon receipt, forward applications requesting annexation or - severance (deannexation) of property within the fringe area specified in this Agreement to the County for review and comment prior to consideration by the d } f ! t Iowa City Planning and Zoning Commission. ! " 3. As appropriate and necessary, the City may extend the two-mile extraterritorial subdivision plat review area. Prior to any such extension, the City will forward to the County a proposal which includes the extension of the City's plat review j authority for any distance up to the two mile limit provided by State law. The County will have a specified time within which to respond in affirmative i agreement, negatively or with an alternative proposal. The City will take the j County's response under advisement when determining the extension of extraterritorial review. i / :J WE SECTION IV. AGREEMENT REVIEW At any time during the three (3) year term of this Agreement, either the Chair of the Johnson County Board of Supervisors or the Mayor of the City of Iowa City may initiate review of the policies of this Agreement by contacting the other party to this Agreement. Both parties to this Agreement shall consider modifications of this Agreement, as appropriate. SECTION V. EFFECTIVE PERIOD This Agreement shall become effective upon acceptance and execution by the parties, and shall be in effect for three (3) years after the date of execution of this Agreement. This Agreement may be modified and extended by the written mutual consent of the parties. SECTION VI. RECORDATION This Agreement shall be filed with the Secretary of the State of Iowa, and with the Johnson County Recorder in compliance with Chapter 28E, Code of Iowa (1995). Dated this day of 1996. JOHN CO NTY By: App ad by. Chaff person, oard of Supe sots County -Attorney's Office Attest: �eY►• County Auditor Dated this 6th day of August 1996. CITY OF IOWA CITY By: _ Mayor Attest: , City C rk ATTACHMENTS: Approved b (tel/ (tea C4yA rney's Office _ y� 1. Proposed Land Use Map for the Iowa City Fringe Area. 2. Figure 1: Fringe Area B (formerly Areas 5 and 6) Land Use Plan. 3. Appendix A: Definition of Standards ppdadmin1frarea4. prp _ 2sy ILL- OLI-1 . L -1k. IT - T 7f Fringe Area Land Use Map LEGEND Residential (RS or RS 3) ❑ Agricultural Commercial or industrial TT J 37, IT fI . .. . . . . ........................ ILL- OLI-1 . L -1k. IT - T 7f Fringe Area Land Use Map LEGEND Residential (RS or RS 3) ❑ Agricultural Commercial or industrial TT J 37, IT 7� ILL- OLI-1 . L -1k. IT - T 7f Fringe Area Land Use Map LEGEND Residential (RS or RS 3) ❑ Agricultural Commercial or industrial TT J 37, IT at P-momm- 0. 4" 36 7 -3 T r li ATTACHMENT 2 zsy 1.8 Drive approaches shall be hard surfaced within he right-of-way. 2_.0 Water Distribution System 2.1 Well(s) shall conform to the requirements of the Johnson County Health Department and the distribution system, if installed, (water main) shall be either ductile cast iron pipe (ANSI A21.50 manufactured in accordance with ANSI A21.5O) or poly vinyl chloride pipe (PVC -ASTM D 1784, Type 1, Grade 1, 200 psi design stress and SDR of 17 or less). 2.2 It shall be the responsibility of the Developer's Engineer to establish a fire rating for the area being developed. Prior to plat approval, there shall be a letter of transmittal from 237 APPENDIX A Definition of Standards City Urban Design Standards: Those standards enumerated in Title 14, Chapter 7 of the City Code of Iowa City which the City imposes on any subdivision within the corporate limits of Iowa City . i . City Rural Design Standard,5: 1.0 Streets 1.1 Streets shall be designed for a minimum surface width of 22 feet. Curb and gutter will not be required. 1.2 The right-of-way for local streets without curb and gutter shall be 60 feet to enable retrofit of sewer, water, and sidewalk in the future as necessary; otherwise, the right- of-way for local streets with curb and gutter and storm sewer shall be 50 feet. The right-of-way for arterial, industrial, and collector streets for the developed area shall be determined in conjunction with the Planning and Zoning Commission. 1.3 The maximum street grade for local streets shall be 12%. 1.4 The pavement cross section for all pavements will be a 2% parabolic crown. This cross slope is equivalent to %.-inch per foot. 1.5 The pavement slab shall be constructed of a 6" rolled stone base and a 22 -foot wide chipseal surface. i- 1.6 Minimum corner radii shall be 20 feet. 1.7 The minimum. ditch grade shall be 1.0%. In addition, it will be necessary to place a (r 12 -inch diameter (minimum) culvert, either reinforced concrete pipe or corrugated metal pipe, through all drive approaches constructed over a drainage ditch. The exact gg/ size of pipe required will be a function of the area to be drained. 1.8 Drive approaches shall be hard surfaced within he right-of-way. 2_.0 Water Distribution System 2.1 Well(s) shall conform to the requirements of the Johnson County Health Department and the distribution system, if installed, (water main) shall be either ductile cast iron pipe (ANSI A21.50 manufactured in accordance with ANSI A21.5O) or poly vinyl chloride pipe (PVC -ASTM D 1784, Type 1, Grade 1, 200 psi design stress and SDR of 17 or less). 2.2 It shall be the responsibility of the Developer's Engineer to establish a fire rating for the area being developed. Prior to plat approval, there shall be a letter of transmittal from 237 1; J A 2 the appropriate Fire Protection District approving spacing, location, number of fire hydrants, size of mains, pressure, etc. 2.3 Connection to the City of Iowa City Water Distribution System is subject to City Council consideration based on availability. Generally, annexation is a criterion which must be met. 3.0 Sanitary Sewer All methods of sanitation shall conform to the 1989 Johnson County Board of Health Rules and Regulations Governing On-site Wastewater Treatment and Disposal Systems and to the 1990 Iowa City Wastewater Treatment and Disposal System Policy. 4.0 Storm Sewers 4.1 With the exception of developments located in the Old Man's Creek watershed, the City Storm Water Management Ordinance shall apply to new developments located outside the City limits of Iowa City but within the City's area of extraterritorial jurisdiction. 4.2 All storm sewers shall conform to revised Section VI) (Storm Sewers) of the Design Standards for Public Works Improvements in Iowa City, Iowa. 4.3 Culverts shall be a minimum of 12 inches in diameter; either reinforced concrete pipe or corrugated metal pipe (minimum gauge 18 and corrugations 2'x%2 ", 22/3"x 36 ", and 3"x1 ") shall be used. Culverts shall conform to the Standard Specifications for Highway and Bridge Construction Series of 1977. Minimum cover over the top of culvert shall be six inches. 5.0 Underground Utilities 5.1 Whenever a subdivision shall be laid out such that a new street is required, telephone and electric utilities shall be underground. It is not intended that small subdivisions which would use an existing county road would follow this requirement since overhead utilities are probably directly adjacent to the property. 00dadMu %dafltand,a00 2 39 WHEREAS, pursuant to Iowa Code §368.5 and 368.7 (1995), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, each affected public utility, the City of Hills, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: The W %s of the SE 1/4 of Section 26, Township 79 North, Range 6 West of the 5th r�'g P.M., containing 80 acres, more or less. rt-; 2. The City Clerk is hereby authorized and directed to certify, file and record all necessary documents as required by Iowa law under §368.7 (1995) at Owner's expense. j fr 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary tY j documents for certification of the population of the annexed territory to Johnson !tit County and the State Treasurer, said population being zero. 9 1 i k.1 Passed and approved this 6th day of August 1996. r! r� u r ,� ,� � � O �. �' i ANN96-0000 REZ96-0002 Q-�o A' ANN96-0000 REZ96-0002 Q-�o k,�, �. �`�� Passed and approved this 6th CORPORATE SEAL .e ATTEST: A � 7e 3t�•_e^% CIT CLERK day of August , 1996. &2 MAYOR Approved by Ci y Attorney's Office t pwedminlpipeline.ree vo: ?.151 PACE J72 i - - Prepared by: Charles Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 54T40 5141 JOHN*, ?N CC?..Iti1'! ; RESOLUTION NO. 96-242 f j RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND WILLIAMS PIPE LINE COMPANY, A DELAWARE CORPORATION, REGARDING CERTAIN OBLIGATIONS INVOLVING REMOVAL AND RELOCATION OF A PIPELINE FROM LAND OWNED BY THE CITY. s WHEREAS, the City of Iowa City has acquired land known as the Butler Farm, for the construction of new Iowa City Water Supply and Treatment Facility site ("site"); and WHEREAS, Williams Pipe Line Company ("WPL") is the owner of certain pipeline facilities a' 1 located on the City's future water site, and also has a blanket easement over the site, which easement includes the right to construct additional WPL pipeline; and s WHEREAS, the City has determined that continued use of the site by WPL is incompatible with the future water site; and WHEREAS, an agreement to relocate the pipeline and vacate the pipeline easement on the site has been negotiated with WPL; and WHEREAS, it is in the public interest to enter into said agreement with Williams Pipe Line Company. - i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, 1; IOWA, THAT: The agreement attached hereto between the City of Iowa City and Williams Pipe Line Company, a Delaware Corporation, is in the public interest, and is approved as to form and content. � � t O 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in duplicate. Passed and approved this 6th CORPORATE SEAL .e ATTEST: A � 7e 3t�•_e^% CIT CLERK day of August , 1996. &2 MAYOR Approved by Ci y Attorney's Office t pwedminlpipeline.ree vo: ?.151 PACE J72 Resolution No. 96..249 Page 9 It was moved by Vanderhoef and seconded by Norton adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x_ Baker X Kubby X Lehman ---X— Norton x— Novick _x Thornberry X. Vanderhoef Y-.,,- 2M PAGE 973 z�Z t;,'',;; This instrument was drafted by Williams Pipe Line Company, a Delaware Corporation, P.O. Box 3448, Tulsa, Oklahoma 74101, 9181588-3295. PIPELINE RELOCATION AGREEMENT This Pipeline Relocation Agreement ("Agreement") is made and entered into and effective this � day of by and between WILLIAMS PIPE LINE COMPANY (herein "WPL"), a Delaware corporation whose mailing address is P.O. Box 3448, Tulsa, Oklahoma 74101, and the City of Iowa City, a municipal corporation (the "City"). WITNESSETH: WHEREAS, WPL is the owner of certain pipeline, the No. 1-6" (the "Pipeline"), and appurtenances, and the right for future facilities by virtue of easements by J. W. Welt, Treasur- er, River Products Company on August 26, 1966, and filed and recorded September 15, 1966 in Book 291, Page 49, and a permit signed September 20, 1966, by Iowa State Highway Commission; a permit signed August 31, 1966, by State of Iowa Natural Resources Council (Iowa River); an easement executed by The City of Coralville, September 29, 1966, and filed and recorded October 26, 1967 in Book 308, Page 377; an easement executed by Maud B. Butler, August 25, 1966, and filed and recorded September 15, 1966, in Book 294, Page 52; an easement executed August 25, 1966, by Don C. and Helen Alberhasry, and filed and recorded September 15, 1966, in Book 291, Page 54; an easement executed August 25, 1966 by Scott Swisher, President, Johnson County Broadcasting Co. and filed and recorded Septem- ber 15, 1966, in Book 291, Page 56; an easement executed September 21, 1966, by Laurence ' R. Short, Kenneth I and Hulette Belle filed and recorded October 18, 1966, in Book 291, Page 373; an easement executed September 23, 1966, by Grace H. Linder, Leo G. Kohl and Margaret C. Fitzpatrick filed and recorded October 6, 1966, in Book 291, Page 284 all ease- ments recorded in Johnson County, Iowa; and WHEREAS, the City desires to construct water treatment facilities in Johnson County, Iowa, (the "Project"), portions of which will be on lands where the Pipeline exists, and subject to WPL's easements as described above; and WHEREAS, as a result of the Project the City desires WPL to perform or cause to be performed certain modification work to WPL's facilities and Pipeline (the "Work"), shown on the v�*_ 2151 ?AGE 174 2�Z I � �1 .I �_.......�....+_..._....y+.e..v..._.a—.u....�,_....r............�.�...._....�..._._......`.. ..w.......�,.e.......ta:,i.u..._e....._..._.�......._.._................_......w_.,...Y��<. ...._._.....�_.y... __�._._ •.. .�........._._ �.. ,. I�� 2 r ` attached "Exhibit A" and made a part hereof, and described as rerouting the Pipeline and any < related facilities owned and operated by WPL to a location and in a manner satisfactory to WPL and the City; and J WHEREAS, WPL, under the terms hereinafter stated, is willing to evaluate the Project and to perform or cause to be performed the Work to accommodate the Project, provided the / City compensates WPL for the Work, an estimate of such costs which is detailed on the attached "Exhibit B" and made a part hereof. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, WPL agrees to perform or cause to be performed the Work in accordance with the attached "Exhibit A" subject to the following terms and provisions: 1. The City has reviewed Exhibits "A" and "B", and agrees the scope of Work noted therein is satisfactory to meet the construction and operation needs of the City and its contrac- tors with respect to the Project. 2. Following completion by WPL of the Work specified in "Exhibit A", the City shall proceed with construction of the Project in Johnson County, Iowa, in accordance with its official plans and specifications for the Project. l 3. The total cost of the Work is estimated to be Eight hundred thirty five thousand and no/100 Dollars ($835.000.00) as shown on "Exhibit B". Final costs may be more or less than such estimate, whichestimateshall not be construed as a limitation of costs for such Work. The City shall bear 100% of the total cost of the Work. 4. WPL agrees to commence the modifications of its facilities and to make the necessary adjustments and relocation upon receipt of written authorization to proceed. Notice to proceed will be given by the City coincident with the City's review of bids furnished by WPL. The City acknowledges and agrees that WPL may elect, in WPL's sole discretion, to perform such Work as shown in Exhibit "A" or cause the performance of such Work by engaging one or more contractors to perform the Work or any combination thereof. r' 5. The City agrees to bear all costs relating to the Work, including, but not limited to, labor, E engineering, design, survey, materials, travel, construction, damages, administrative r 1Y overhead, taxes and legal fees relating to the engineering and relocation of the Pipeline 41Z VL- ?-151 PAGE 175 2 l� L ,ail . ,-.�. t ......:.,..r .u+ _,.u..._�._ ��. L.. .,... _......mu., .....,,....-..r,."..a...sue....vt._.._.....,........_..._.,........... _...__u.:_...Y...�.__� .... -,. .. .. I�� 3 and related facilities to accommodate the Project. In the event WPL elects to perform all or a portion of said Work itself pursuant to paragraph 4, the City hereby agrees to compensate WPL for such performance at an amount equivalent to the lowest qualified third party contractor bid for such Work. The City further represents that the amount of $835,000.00 has been duly appropriated for this purpose and such funds are on hand for disbursement to WPL and, upon WPL's request, the City shall make progress payments to WPL for costs incurred prior to actual construction as well as during construction, upon receipt of a progress payment invoice from WPL. WPL's costs prior to actual construction include, but are not limited to, preliminary engineering, project administration and associated labor and equipment which includes overhead. Material costs and mobilization costs are to be considered costs incurred and shall be invoiced when paid by WPL. Detailed statement of costs will be provided with progress payment invoices. Following the completion of the Work, WPL shall make an accounting of final costs and provide the City an invoice of same. The final costs may be greater or less than the estimate set forth in "Exhibit B", and the City shall be liable to WPL for the full amount of such costs. The City shall pay the full amount of such invoice within thirty (30) business days after receipt. No construction activity by the City shall be performed over, across, or adjacent to the Pipeline or related facilities until the Work of WPL has been completed, unless prior written consent is obtained from WPL. 6. WPL recognizes the City's desire to construct three water main crossings and a fiber optics telecommunications line in the vicinity of Station 63 + 23 of the relocated pipeline and a sanitary sewer main crossing in the vicinity of station 75 + 44 of the relocated pipeline, and hereby grants to the City the right to construct and maintain water mains and sanitary sewer lines across WPL pipelines in accordance with standards estab- lished by WPL. Final location of the water mains and sanitary sewer main shall be established after City's construction of the water mains, fiber optics and sanitary sewer lines, all of which shall be shown on location maps or plats acceptable to both City and WPL. 7. Exclusive of Saturday, Sunday and legal holidays, notice shall be given to WPL by the City at least forty-eight (48) hours in advance of commencement of any construction yam- 2151. PAGE V6 2Y-2, 11 12. Upon completion of the Work, WPL shall assign all its rights, title and interest in and to its easements and permits to the City from chain station 37+04 to 121+06, for the existing #1-6" pipeline as shown on "Exhibit C". Such assignment shall be in a form acceptable to the City and recordable under Iowa's recording and title standards. If an abstract or certificate of title is requested by City, WPL and City agree to share equally said costs. In the event the City or WPL breaches any of the terms, covenants or provisions of this Agreement, and the other party commences litigation to enforce any provisions of this v`- 2151 iAGF 177 Z11Z operation, maintenance, removal or other operations arising out of the Work described in this Agreement, except those arising from WPL's sole negligence. 14. Neither WPL nor City shall be liable for any losses or damages due to any delay or failure to perform their obligations under this Agreement (except for an obligation to pay money) if such delay or failure results directly or indirectly from circumstances that are, either: beyond its control; (2) unavoidable; or (3) make performance impossible or impractical. Such circumstances shall include, but shall not be limited to, acts of God, acts of war; civil commotions, riots, strikes, lockouts, acts of landowners, acts of the government in either its sovereign or contractual capacity, pipeline unavailability, accident, fire, water damages, flood, earthquake, or other natural catastrophes. 'a 15. If any clause herein is declared invalid, it shall be deemed severable and the remaining Agreement shall continue in full force and effect. 4 r G 16. This Agreement may be executed and delivered in two or more counterparts, each of z, which, when so executed and delivered, shall be deemed to be an original, and shall be recorded in the Johnson County Recorder's Office at City expense. 17. This Agreement shall be construed under the laws of the State of Iowa. Dated this day of 1996_ r Vv _ MIME 178 1� I v i k CORPORATE SEAL CORPORATE SEAL Approved by City Attomey's Office 6 WILLIAMS PIPE LINE COMPANY By T. F. Elbert, Manager Land Records & Claims Attomey-in-Fact Date CITY OF IOWA CITY By — aomi Y Novick, Mayor Attest: "I • 7��-� Marian K. Karr, City Clerk Date J"" �-y vC *- 2151 PACE V9 Z.4Z 7 STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 6_ day of19 before before me, .9'Mcdr.6 a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corpora- tion, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (6rdirtanee) (Resolution) No. 96-2*?— passed by the City Council, on the 62 day of 1and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their volun- tary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa NOTAR;AL SE AL 2.51 PAGE x.80 2Y -z STATE OF OKLAHOMA ) ) SS COUNTY OF TULSA ) Before me, the undersigned, a Notary Public in and for the county and state .aforesaid, on this a64"" day of Lk , 19 , personally appeared T. F. Elbert, Manager, Land Records & Claims, who being by me duly swom, did say that he is the Attomey-in-Fact for Williams Pipe Line Company, a Delaware corporation, by virtue of a May 29, 1996, Power of Attorney filed for record May 31, 1996, in the County of Tulsa, State of Oklahoma, in Book 5813 at Page 2488-89, as Document 96053002, and that the seal affixed to this instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation, and said T.F. Elbert acknowledged said instrument to be the free act and deed of said corporation. In testimony whereof, I have hereunto set my hand and affixed my official seal at my office in said county and state the day and year last above written. Notary Public My Commission Expires: InvAp1pe11ne.agt NOTARIAL SEAQ. v%: 2151 PAGE 181 2 z It was moved by Kubby and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: F AYES: NAYS: ABSENT: Baker x Kubby X Lehman X _ Norton _ Novick x X Thornberry X Vanderhoef 3 - Prepared by: Charles Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5141 RESOLUTION N0. 96-244 RESOLUTION APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND LOUIS BERGER ASSOCIATES, INC., OF MARION, IOWA TO PROVIDE CONSULTANT SERVICES FOR ARCHAEO- LOGICAL MITIGATION IN CONJUNCTION WITH THE CONSTRUCTION OF THE WASTEWATER TREATMENT CONNECTION/SOUTH RIVER CORRIDOR SANITARY INTERCEPTOR AND RELIEF SEWERS PROJECT. WHEREAS, the City of Iowa City desires to complete the archaeological work initiated by Louis Berger Associates in conjunction with the construction of the Wastewater Treatment Connection/South River Corridor Sanitary Interceptor and Relief Sewers Project; and WHEREAS, an agreement for professional archaeological services has been negotiated with Louis Berger Associates, Inc.; and WHEREAS, it is in the public interest to enter into said consultant agreement with Louis Berger Associates, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement, in duplicate. Passed and approved this 6th day of August 1996. �Q Q. MAYOR Approved by ATTEST: -D CITY CLERK City Attorney's Office pwadmin\bergenres 7777777777777777777 0 Resolution No. 96-944 Page 2- It was moved by Kubb_y and seconded by Norton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: y X Baker >' X Kubby F: X Lehman X Norton _x Novick _x Thornberry x_ Vanderhoef x 2� E It was moved by Kubb_y and seconded by Norton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: y X Baker >' X Kubby F: X Lehman X Norton _x Novick _x Thornberry x_ Vanderhoef x 2� WHEREAS, Consultant proposes to perform all archaeological work necessary to satisfy the requirements of the U.S. Corps of Engineers and the State Historic Preservation Office; and WHEREAS, the parties wish to commit their agreement to writing. NOW, THEREFORE, it is hereby agreed as follows: I. Scope of Agreement: Consultant will serve as City's consultant in the execution of the archaeological work necessary to satisfy all requirements of the U.S. Army Corps of Engineers and the Iowa State Historic Preservation Office in conjunction with the Project. II. Scone of Services: The Consultant has completed the field work portion of an archaeological mitigation along the route of the Project, and payment will be ratified I ` by the City by separate resolution. This agreement covers the work necessary to . complete the next steps in the process, namely the archaeological mitigation and includes laboratory work consisting of the washing and labeling of artifacts, processing soil samples, artifact analysis, floral and faunal analysis, carbon and ceramic dating of f� site deposits, and report preparation, listing and production. 111. Compensation: City will pay to Consultant a lump sum fee of $108,828.56 to complete the services herein. A cost breakdown of said lump sum fee is found in hereto incorporated by reference. *� Appendix A of this agreement, which is attached and Q IV. Method of Payment: A. Consultant will receive 100% of the total lump sum fee upon completion of the C i work and submittal of the final report to the City, which work and report shall `e be satisfactory to the City. B. Any revisions required by the U.S. Corps of Engineers or the State Historic 1 I� Preservation Office shall be provided without additional cost to the City. V. Commencement of Work: The work will be commenced immediately upon receipt of this signed agreement, and receipt of said agreement shall serve as official notice to t proceed. r4 2 VI. Independent Contractor: It is understood and agreed that this agreement is for consulting services only and shall not be construed to create a partnership, joint venture, or employer/employee relationship between the parties. j VII. General Terms: A. Consultant shall not commit any of the following employment practices and . ' agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. 2. _ To discriminate against any individual in terms, conditions or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. B. Should the City terminate this agreement, Consultant shall be paid for all work and services performed up to the time of termination. However, such sums 7 shall not be greater than the "lump sum" amount listed in Section 111. The City may terminate this agreement upon seven (7) calendar days' written notice to Consultant. C. This agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all parties to said agreement. D. It understood and agreed that the retention of Consultant by the City for the purpose of the archaeological work shall be as an independent contractor and ` shall be exclusive, but Consultant shall have the right to employ such assistance as may be required for the performance of the archaeological work. E. It is agreed by the City that all records and files pertaining to information p needed by Consultant for the project shall be available by said City upon t y. reasonable request to Consultant. .The City agrees to furnish all reasonable assistance in the use of these records and files. j F. It is further agreed that no party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa i City, Iowa. f G. At the request of the City, Consultant shall attend such meetings of the City sr ^f Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to Consultant to assure - - ) attendance. H. Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computa- tions, and any other data prepared or obtained by Consultant pursuant to this agreement without cost and without restrictions or limitation as to the use r ! relative to specific projects covered under this agreement. In such event, 41�,� Ili 3 Consultant shall not be liable for the City's use of such documents on other projects. I. Consultant agrees to furnish all reports, specifications, and drawings, with the signature of a professional archaeologist affixed thereto. J. The City agrees to tender Consultant all fees in a timely manner, excepting, however, that failure of Consultant to satisfactory perform in accordance with this agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the work in accordance with this agreement. K. Should any section of this agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original drawings shall become the property of the City. Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the work will be paid by the City. VIII. Miscellaneous. A. All provisions of the agreement shall be reconciled in accordance with the generally accepted standards of the Archaeological Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this agreement, that it is the entire agreement, and that no other monies or considerations have been solicited. In witness whereof, the parties have executed this agreement this 20 day of ,Buds- 1996. CITY OF IOWA CITY, IOWA By: %WW ' 4, & Na mi J.U4oick, Mayor ATTEST: / • /Q.u.r�r� �!� ��.tJ Man ri K. Karr, City Clerk LOUIS BERGER ASSOCIATES, INC. By: Jb J ATTEST: D / B. DIRECT EXPENSES Copying: 5 copies of 300 page report @ $.10/page $150.00 Graphic Reproduction: 25 graphics @ $25.00/each 625.00 Photo Reproduction: 25 photos @ $25.00/each 625.00 Production Manager 8 $17.40 i r i` f APPENDIX A Editor 40 16.59 663.60 Word Processor DATA ANALYSIS AND REPORT PREPARATION 12.02 IOWA CITY, NAPOLEON PARK MITIGATION PROJECT i I DATA RECOVERY AT 13JH250 Draftsperson JOHNSON COUNTY, IOWA 13.77 REVISED 7/23/96 1. TASK: DATA ANALYSIS (6 WEEKS) HOURS RATE TOTAL Photographer A. DIRECT LABOR 14.30 Principal Archaeologist 16 $50.00 $800.00 t: R Co -Principal Investigator 160 18.27 2,923.20 k Co -Principal Investigator 160 15.38 2,460.80 i Field Director 40 16.15 646.00 t Materials Specialist 200 11.06 2,212.00 Lab Technicians (3) 720 9.24 6,652.80 1,296 $15,694.80 B. DIRECT EXPENSES Expendable Laboratory Supplies: $50.00/week $250.00 Film and Processing: 10 Rolls @ $25.00/roll 250.00 $500.00 - ` 11. TASK: DRAFT REPORT PREPARATION (7 WEEKS) A: DIRECT LABOR a Principal Archaeologist 8 $50.00 5400.00 Co -Principal Investigator 280 18.27 5,115.60 Co -Principal investigator 280 15.38 4,306.40 Field Director 40 16.15 646.00 Materials Specialist 120 11.06 1,327.20 j 728 $11,795.20 1 4 I ^^ 111. TASK: DRAFT REPORT PRODUCTION (4 WEEKS) y A DIRECT LABOR B. DIRECT EXPENSES Copying: 5 copies of 300 page report @ $.10/page $150.00 Graphic Reproduction: 25 graphics @ $25.00/each 625.00 Photo Reproduction: 25 photos @ $25.00/each 625.00 Production Manager 8 $17.40 $139.20 v' C7 Editor 40 16.59 663.60 Word Processor 80 12.02 961.60 i I Draftsperson 160 13.77 2,203.20 Photographer 40 14.30 572.00 R 328 $4,539.60 B. DIRECT EXPENSES Copying: 5 copies of 300 page report @ $.10/page $150.00 Graphic Reproduction: 25 graphics @ $25.00/each 625.00 Photo Reproduction: 25 photos @ $25.00/each 625.00 Covers and Binding: 10 reports @ $8.00/each 80,00 SUBTOTAL $1,480.00 j C yy it X IV. TASK: FINAL REPORT PRODUCTION (1 WEEK) A. DIRECT LABOR Co-PrincipalInvestigator 32 $18.27 $584.64 Co -Principal Investigator 32 15.38 492.16 Production Manager 8 17.40 139.20 Editor 16 16.59 265.44 Word Processor 24 12.02 288.48 Draftsperson 24 13.77 330.48 114.40 { 5 Photographer_ 8 14.30 144 $2,214.80 B. DIRECT EXPENSES Copying: 10 copies of 300 page report @ $.10/page 5300.00 Covers and Binding: 10 reports @ $8.00/each 80.00 SUBTOTAL $380.00 31 "? SUBCONSULTANTS J ,r GEOMORPHOLOGIST t Analysis and Report Preparation 4 days @ $500.00/day $2.000.00 FAUNAL ANALYST 120 hours @ $25.00/hour $3.000.00 { PALEOBOTANIST 240 hours @ $25.00/hour $6,000.00 a RADIOCARBON DATING/TLDATING F". F 5 Radiocarbon sampies @ $245.00/each _ 51.225.00 . + 3 Thermoluminescence samples @ $800.00/each $2.400.00 f CURATION FEE (OFFICE OF THE STATE ARCHAEOLOGIST) } t ! 5 cubic feet @ $250.00/c.f. $1,250.00 SUBTOTAL $15,875.00 r f 5; mss, � Ir s { �f 1 K Z t' �f BUDGET SUMMARY HOURS DIRECT LABOR: Task 1 1,296 $15,694.80 DIRECT LABOR: Task 11 728 11,795.20 DIRECT LABOR: Task III 328 4,539.60 DIRECT LABOR: Task IV 144 2,214.80 2,496 $34,244.40 TOTAL LABOR $34,244.40 OVERHEAD (140.5%) $48,113.38 TOTAL LABOR AND OVERHEAD $82,357.78 DIRECT EXPENSES: Task 1 $*500.00 DIRECT EXPENSES: Task 111 1,480.00 DIRECT EXPENSES: Task IV 380.00 TOTAL EXPENSES $2,360.00 FIXED FEE 10% (Labor and Overhead) $8,235.78 I TOTAL SUBCONSULTANTS `u $15,875.00 PROJECT TOTAL $108,828.56 1 _ �f PRODUCTION DRAFT REPORT REVIEW RESPONSE TO COMMENTS/ FINAL REPORT SUBMITTAL ®1 WEEK 1 Y 44p P" } Illi . m S t r t 1 _ 1 - - - PROPOSED TIMELINE COMPLETION OF REPORT AND ANALYSIS r CITY OF IOWA CITY -WASTEWATER TREATMENT AND i a COLLECTION FACILITY IMPROVEMENT PROJECT PROJECT WEEKS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 d NOTICE TO PROCEED ry DATA ANALYSIS 6 WEEKS DRAFT REPORT 7 WEEKS r.'. PREPARATION N DRAFT REPORT 4 WEEKS PRODUCTION DRAFT REPORT REVIEW RESPONSE TO COMMENTS/ FINAL REPORT SUBMITTAL ®1 WEEK 1 RESOLUTION NO. 96-245 derk%salades.res RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR ' FISCAL YEAR 1997 FOR THE CITY ATTORNEY, CITY CLERK AND CITY MANAGER. I ,i WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salaries for the said unclassified personnel. y NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth in lieu of all other fees.and compensation as otherwise provided by law, and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, E that the following salaries are hereby established for the following persons effective July 1, 1996: City Manager - $108,155.00 { City Attorney - $75,000.00 a, City Clerk - $50,257.00 x Passed and approved this 6th day of August 1996. 7 ;i MAYOR Approved by ATTEST: City Attorney's Office CITY CLERK It was moved by Thornberry- and seconded by Norton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: f _x Baker s X Kubby X Lehman _ X Norton Novick r x Thornberry .. x_ Vanderhoef'. derk%salades.res ■ ' ; -511 O Prepared by:Terry Trueblood, Parks/Rec Dir., 410 E. Washington St., Iowa City, IA 52240 (319) 356 RESOLUTION NO. 96-246 RESOLUTION IN SUPPORT OF THE IOWA RIVER DAM TRAIL CONNECTION PROJECT AND AUTHORIZATION FOR THE MAYOR TO SIGN A GRANT APPLICATION TO BE SUBMITTED TO THE IOWA DEPARTMENT OF NATURAL RESOURCES. WHEREAS, the City of Iowa City has heretofore acknowledged the importance of constructing a bridge, for trail purposes, over the Iowa River Dam; and `j WHEREAS, the City of Iowa City recognizes the unique potential and benefit of said Project i for the citizens of both Coralville and Iowa City; and WHEREAS, the Iowa Department of Natural Resources has grant funds available through its "Resource Enhancement and Protection (REAP)" program; and WHEREAS, the City of Iowa City, in cooperation with the City of Coralville, has prepared a REAP Grant Application for submission to the Iowa Department of Natural Resources which now requires approval and directive by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the above described REAP Grant Application receive the support of the City Council, and the Mayor is authorized to sign the application for funding. Passed and approved this 12th day of August , 1996. Jed MAYOR Approved by ATTEST: CIT CLERK Cit Attorney's Office It was moved by Kubby and seconded by vanderhnef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton _x Novick _x_ Thornberry X Vanderhoef perksrecMARres r , i RESOLUTION NO. 96-247 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Highlander Inn - 2525 N. Dodge Street It was moved by Thornberry and seconded by Norton that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: F wFjf Passed and approved this Baker X Kubby Lehman Norton Novick Thornberry Vanderhoef 27TH day of August , 1996 . ATTEST: )• ae") . CITY CLERK Wanceprm.res MAYOR I Approved by ty Attorney's Office RESOLUTION NO. 96-248 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Hawkeye Amusement at 1214 S - 9iihPrt Street in Iowa City, Iowa, has surrendered cigarette permit No. 96-1 , expiring June 30 , 19 97 , and requests a refund on the unused portion, now thereof, i; BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. i 96-1 , issued to Hawkeye Amusement dba Gunnerz be cancelled and, i BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 100.00 payable to Hawkeye Amusement as a refund on cigarette permit No. Passed and approved this 27thday of August , 1996. S. MAYOR Approved by ATTEST: %T/Q��A .,� 7(--" CITY CLERK C *1ty Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X clerklcigrefnd.res Norton the Resolution be ABSENT: Baker X Kubby Lehman Norton Novick Thornberry Vanderhoef e y- NO 't t J F �:u Prepared by Marian K. Karr, City Clerk, 410 E. Washington st.,,lowa City, IA 52240 (319) 356-5041 RESOLUTION NO. _ 9�6-224_9 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Gunnerz - 123 E. Washington Street Passed and approved this 27th day of August , 1996• MAYOR Approved by ATTEST: CITY -CLERK *Qyttorney's Office It was moved by Thornberry and seconded by Nnrtnn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker x Kubby X Lehman X Norton X Novick Thomberry —)� Vanderhoef clarkW pamiLres 2� I _ j d c-51 I r a •I, I n KES Q� Ir t I' l f � i RESOLUTION NO. gFi_95n i RESOLUTION APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30, 1996. r ! j BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the official Financial i Report for City Streets and Parking report for the period beginning July 1, 1995, through June ' 30, 1996, be approved. Passed and approved this 27th day of August 1996. MAYOR Approved' by ATTEST: CIT CLERK - City Attorney's Office c _ It was moved by Thornberry and seconded by Norton the Resolution be adopted, and upon roll call there were: 7 AYES: NAYS:ABSENT: ` X _...X Baker _ Kubby X Lehman is X Norton i X Novick .i �x Thornberry x Vanderhoef k ` C � u y finadm\stprkrep.res 7 6i b i i �Y ::� is CA011lova Department of Transportation OFFICIAL FINANCIAL REPORT for CITY STREETS AND PARKING City Iowa City County Johnson From July 1, 1995 to June 30, 1996 RUT -2 I, — i 7541ZA J—, , city clerk of the City of _ Iowa City, Iowa Ignaaw.) do hereby certify that the city council has by resolution approved this report as its official 1996 Fiscal Year l Street Finance Report this day of Clerk's City- Mailing Address 410 E. Washington St. Iowa City, Iowa 52240 cvv Coe•) Clerk's Hours _ 8:00 am - 5:00 pm Phone _( 319) 356-5041 (W -k) c •� Preparer's Mame. Regina Schreiber Phone _( 319 ) 356-5088 Mayor Naomi Novick .Mayor's City Mailing Address 410 E. Washington St. Iowa City, Iowa 52240 (Zip code) Members of the Council Larry Baker Dee Norton Karen Kubby Dean Thornberry Ernest Lehman Dee Vanderhoef