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2022-03-22 Resolution
r t 4:livegreia-T .,,1 -"NAME. -- CITY OF IOWA CITY www.icgov.org March 22, 2022 Item Number: 6.c. 1. Resolution to issue Cigarette Permit to Central Iowa Vapors of Iowa City, dba Central Iowa Vapors of Iowa City, 1745 Boyrum St. ATTACHMENTS: Description Cigarette Resolution Prepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 Resolution Number: 22-55 Resolution to Issue Cigarette Permits Whereas, the following firms and persons have made an application and paid the taxes required by law for the sale of cigarettes, tobacco, nicotine and vapor products. Now, Therefore, be it Resolved by The City Council of Iowa City, Iowa, That: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes, tobacco, nicotine and vapor products: Central Iowa Vapors of Iowa City — 1745 Boyrum St. Passed and approved this22nd day of March ayor Pbar Approved by City Attorney's Office 20 22 It was moved by Weiner and seconded by Taylor Resolution be adopted, and upon roll call there were: Ayes: x x x x x x x Nays: Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner the 1 ^ S Item Number: 7.a. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT March 22, 2022 Resolution Amending and Adopting FY2022 Inter -fund Transfers. Prepared By: Jacklyn Fleagle, Budget & Compliance Officer Reviewed By: Geoff Fruin, City Manager Nicole Davies, Finance Director Fiscal Impact: Adopted as part of the FY2022 Amended Budget Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The Iowa Department of Management has administrative rules regarding the handling of inter -fund transfers. All inter -fund transfers are required to be adopted by resolution by the City Council. The proposed inter -fund transfers are also being adopted as part of the Fiscal Year 2022 Amended Budget. Background /Analysis: In April 2019, the Iowa Administrative Code incorporated regulations surrounding the management of inter -fund transfers. In addition to being adopted as part of the budget, which is subject to a public hearing, inter -fund transfers are required to be approved by the City Council by resolution. Each transfer must include the fund sending the transfer, the fund receiving the transfer, the amount of the transfer, and the reason for the transfer. These rules took effect in May 2019. ATTACHMENTS: Description Resolution Prepared by: Jacklyn Fleagle Budget & Compliance Officer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5063 Resolution No. 22-56 Resolution Amending and Adopting FY2022 Inter -fund Transfers Now therefore, be it resolved by the City Council of the City of Iowa City, Iowa that the City of Iowa City, in Johnson County, Iowa, approves the following transfer of monies between funds in accordance with the Administrative Code of the State of Iowa. The City Finance Director is hereby authorized to initiate and record the listed inter -fund transfers up to the amounts set out below. Transfer Out Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund CDBG Fund Road Use Tax Fund Road Use Tax Fund Road Use Tax Fund Road Use Tax Fund Employee Benefits Employee Benefits Emergency Levy Fund Tax Increment Financing Tax Increment Financing Tax Increment Financing Parking Fund Parking Fund Parking Capital Reserve Transit Fund Transit Fund Wastewater Fund Wastewater Fund Wastewater Capital Reserve Wastewater Capital Projects Water Fund Water Fund Water Capital Reserve Landfill Fund Landfill Fund Landfill Fund Airport Capital Reserve Storni Water Fund Storni Water Capital Reserve Housing Authority Fund Transfer In Fund Cable TV Equipment Reserve Facility Reserve Wastewater Fund Water Fund Refuse Collection Fund Storm Water Fund Capital Projects Airport Fund MPOJC Fund Affordable Housing Fund Library Replacement Reserve Debt Service Fund Transit Fund TIF Fund Landfill Fund Other Shared Revenues Capital Projects Capital Projects Landfill Fund General Fund MPOJC Fund General Fund Road Use Tax Fund Capital Projects General Fund Capital Projects Debt Service Landfill Fund Parking Capital Reserve Parking Capital Projects Transit Capital Projects Transit Bus Reserve Wastewater Debt Reserve Wastewater Capital Reserve Wastewater Capital Projects Wastewater Fund Water Debt Reserve Water Capital Reserve Water Capital Projects Landfill Reserves Landfill Capital Projects Parking Capital Projects Airport Capital Projects Storm Water Capital Reserve Storm Water Capital Projects General Fund Reason Equipment Reserve Reserve Transfer Low Income Discount Donations Low Income Discount Donations Low Income Discount Donations Low Income Discount Donations CIP funding CIP funding Operating funding Operating Funding Equipment Reserve Aniston Village Loan Pmt Transit Levy Transfer Hilton Garden Inn Rebate Transfer Loan Repayment Grant matching CIP funding CIP funding Loan Repayment Forestry Cost Share Cost share Employee benefits Employee benefits CIP funding Loan Repayment TIF pre -certification expenditures Debt payments Loan Repayment Reserve Transfer CIP funding CIP funding Reserve Transfer Debt payments Reserve Transfer CIP funding Loan Repayment Debt payments Reserve Transfer CIP funding Closure/Replacement funding CIP funding Interfund Loan CIP funding Reserve Transfer CIP funding PILOT/NDS Director cost share Original Amended Amount Amount 510,000.00 $10,000.00 51,000,000.00 55,000,000.00 52,300.00 52,300.00 52,000.00 $2,000.00 56,500.00 $6,500.00 $1,200.00 51,200.00 51,358,470.00 51,358,470.00 5100,000.00 S100,000.00 $71,789.00 571,789.00 $1,000,000.00 $1,000,000.00 562,422.00 562,422.00 520,052.00 520,052.00 54,142,112.00 $4,142,112.00 $154,000.00 $154,000.00 $111,842.00 $111,842.00 50.00 535,536.00 588,000.00 588,000.00 52,797,000.00 $2,832,000.00 $74,561.00 $74,561.00 590,795.00 $90,795.00 5340,582.00 5340,582.00 512,519,760.00 512,519,760.00 $631,319.00 $631,319.00 5100,000.00 $350,000.00 542,540.00 542,540.00 518,191.00 52,020,905.00 $1,792,538.00 51,803,256.00 $277,535.00 $277,535.00 5890,000.00 51,090,000.00 $890,000.00 51,090,000.00 50.00 5120.000.00 5885,433.00 $885,433.00 51,178,495.00 51,178,495.00 $2,500,000.00 $2,500,000.00 $2,358,000.00 $2,474,000.00 50.00 5425,000.00 $1,879,237.00 51,879,237.00 51,300,000.00 $1,300,000.00 5890,000.00 51,281,000.00 5897,471.00 5897,471,00 $685,000.00 5838,800.00 $0.00 51,000,000.00 $32,500.00 581,063.00 51,500,000.00 $1,500,000.00 51,490,000.00 51,625,000.00 $51,836.00 $51,836.00 Resolution No. 22-56 Page 2 Passed and approved this 22nd Attest dayof March 2022 Aaprtved by It was moved by Weiner and seconded by Taylor Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter X Bergus X Harmsen X Taylor X Teague x Thomas x Weiner the Item Number: 7.b. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT March 22, 2022 Resolution Approving FY2023 Inter -fund Transfers. Prepared By: Reviewed By: Fiscal Impact: Jacklyn Fleagle, Budget & Compliance Officer Nicole Davies, Finance Director Noted on attached schedule Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The Iowa Department of Management has administrative rules regarding the handling of inter -fund transfers. All inter -fund transfers are required to be adopted by resolution by the City Council. Background /Analysis: In April 2019, the Iowa Administrative Code incorporated regulations surrounding the management of inter -fund transfers. In addition to being adopted as part of the budget, which is subject to a public hearing, inter -fund transfers are required to be approved by the City Council by resolution. Each transfer must include the fund sending the transfer, the fund receiving the transfer, the amount of the transfer, and the reason for the transfer. These rules took effect in May 2019. ATTACHMENTS: Description Resolution Prepared by: Jacklyn Fleagle, Budget 8 Compliance Officer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5063 Resolution No. 22-57 Resolution Adopting FY2023 Inter -fund Transfers Now therefore, be it resolved by the City Council of the City of Iowa City, Iowa that the City of Iowa City, In Johnson County, Iowa, approves the following transfer of monies between funds in accordance with the Administrative Code of the State of Iowa. The City Finance Director is herby authorized to initiate and record the listed inter -fund transfers up to the amounts set out below. Transfer Out Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Road Use Tax Fund Road Use Tax Fund Road Use Tax Fund Road Use Tax Fund Employee Benefits Employee Benefits Emergency Levy Fund Tax Increment Financing Tax Increment Financing Tax Increment Financing Parking Fund Parking Fund Parking Capital Reserve Transit Fund Transit Fund Wastewater Fund Wastewater Fund Wastewater Capital Reserve Water Fund Water Fund Water Capital Reserve Landfill Fund Landfill Fund Landfill Replacement Reserve Airport Capital Reserve Storm Water Fund Stone Water Capital Reserve Housing Authority Fund Transfer In Fund Cable TV Equipment Reserve Facility Reserve Wastewater Fund Water Fund Refuse Collection Fund Storm Water Fund Capital Projects Airport Fund MPOJC Fund Affordable Housing Fund Library Replacement Reserve Debt Service Fund Transit Fund TIF Fund Landfill Fund Capital Projects Landfill Fund General Fund MPOJC Fund General Fund Road Use Tax Fund Capital Projects General Fund Capital Projects Debt Service Landfill Fund Parking Capital Reserve Capital Projects Transit Bus Reserve Capital Projects Wastewater Debt Reserve Wastewater Capital Reserve Wastewater Capital Projects Water Debt Reserve Water Capital Reserve Water Capital Projects Landfill Reserves Capital Projects Landfill Capital Projects Capital Projects Stone Water Capital Reserve Storm Water Capital Projects General Fund Reason Equipment Reserve Reserve Transfer Low Income Discount Donations Low Income Discount Donations Low Income Discount Donations Low Income Discount Donations CIP funding CIP funding Operating funding Operating Funding Equipment Reserve Aniston Village Loan Pmt Transit Levy Transfer Hilton Garden Inn Rebate Transfer Loan Repayment CIP funding Loan Repayment Forestry Cost Share Cost share Employee benefits Employee benefits CIP funding Loan Repayment TIF pre -certification expenditures Debt payments Loan Repayment Reserve Transfer CIP funding Reserve Transfer CIP funding Debt payments Reserve Transfer CIP funding Debt payments Reserve Transfer CIP funding Closure/Replacement funding CIP funding CIP funding CIP funding Reserve Transfer CIP funding PILOT/NDS Director cost share Original Amount $10,000.00 50.00 52,875.00 $2,500.00 $8,125.00 $1.500.00 $1,833,470.00 $100,000.00 $83,656.00 51,000,000.00 562,422.00 520,052.00 $4,106,177.00 $154,000.00 $113,531.00 52,697,000.00 575,687.00 $92,426.00 5315,383.00 $12,801,454.00 5645,524.00 5350,000.00 542,540.00 525,758.00 $1,769,798.00 5373,050.00 $1,000,000.00 5700,000.00 $280,000.00 $120,000.00 51,288,437.00 $3,500,000.00 $3,130,000.00 $1,324,225.00 $1,800,000.00 51,042,500.00 $897,471.00 $1,090,000.00 54,085,000.00 532,500.00 51,100,000.00 $690,000.00 554,791.00 Resolution No. 22-57 Page 2 Passed and approved this 22nd day of March Attest.. 2022 Approved by City Attorney'sffice — 03/14/22 It was moved by Weiner and seconded by Taylor Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter X Bergus x Harmsen X Taylor X Teague X Thomas X Weiner the Item Number: 7.c. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT March 22, 2022 Resolution amending the budgeted positions in Transportation Services by renaming the Data Analyst position to Management Analyst - Transportation and amending the Administrative pay plan by adding the position of Management Analyst - Transportation to grade 27. Prepared By: Darian Nagle-Gamm; Transportation Services Director Reviewed By: Redmond Jones; Deputy City Manager Karen Jennings; Human Resources Director Jennifer Swickerath; Assistant City Attorney Fiscal Impact: The annual estimated cost for wages and benefits is between $97,383 and $131,668 per year. The funding for the position will be split evenly between the Parking and Transit funds. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The FY21 budget authorized the City to hire one Data Analyst in Transportation Services. The name of the position has been revised to Management Analyst and amendments to the FY22 budget, as well as the Administrative and Confidential pay plan, are required. With approval, a Management Analyst - Transportation position will be added at grade 27 to the pay plan. Background /Analysis: In early 2020, the City Council authorized the addition of a Data Analyst position within the Transportation Services department coincident with the approval of the FY21 budget. The filling of the position was delayed due to the COVI D-19 pandemic and its impact on the Parking and Transit funds. The funds are now relatively stable compared to early pandemic conditions, therefore, we are seeking authorization to appropriately title and grade the position. Upon further review of the position, it was determined that the title of Management Analyst better reflects the nature and scope of the position. The duties and responsibilities of the position were evaluated by Human Resources and the grade 27 of the Administrative pay plan has been determined to be the appropriate classification. ATTACHMENTS: Description Resolution Prepared by Darian Nagle Gamm, 1200 S. Riverside Drive, Iowa City, IA 52240 (319) 356-5156 Resolution Number. 22-58 Resolution amending the budgeted positions in Transportation Services by renaming the Data Analyst position to Management Analyst - Transportation and amending the Administrative pay plan by adding the position Management Analyst - Transportation to grade 27. Whereas, Resolution No. 20-82 adopted by the City Council on March 24, 2020, authorized budgeted positions in the Transportation Services Department for Fiscal Year 2021, which included the newly created position of Data Analyst; and Whereas, filling the position has been delayed due to the COVID-19 pandemic and its effect on the Parking and Transit funds; and Whereas, it has been determined that the position title of Management Analyst - Transportation better reflects the nature and scope of the position; and Whereas, Resolution No. 21-112, adopted by the City Council on May 4, 2021 established a classification and compensation plan for Administrative, Confidential, and Executive employees; and Whereas, the duties, responsibilities, and requirements of the position have been evaluated and grade 27 of the Administrative pay plan has been determined to be the appropriate classification. Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The budgeted positions in the Transportation Services Department be amended to change the position of Data Analyst to Management Analyst - Transportation. 2. The Administrative pay plan be amended by adding the position Management Analyst - Transportation to grade 27. Passed and approved this 22nd day of March 7.e4. Attest: )� Q ((„e I)) City Clerk It was moved by Weiner ,20 22 • LJ or Approved by City AttornP,y s Office (Jennifer Schwickerath - 03/06/22) and seconded by Taylor the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus X Harmsen x Taylor x Teague x Thomas x Weiner Item Number: 7.d. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT March 22, 2022 Resolution authorizing the procurement of P25 two-way radios for Non - Public Safety Radio Communications. Prepared By: Dan Striegel - Equipment Superintendent Redmond Jones I I - Deputy City Mananager Reviewed By: Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Funds not to exceed $760,000.00 after contract discounts; funds for this purchase are available in the CI P Project P3987 Recommendations: Staff: Approval Commission: N/A Attachments: Contract Resolution Executive Summary: At the March 22, 2022; City Council meeting, consideration will be given to a resolution authorizing the purchase for replacement and upgrade, of the City's non-public safety radio system. Background /Analysis: The City currently has a stand-alone Motorola Connect Plus 800 MHz radio system for non-public safety radio communication which consists of both infrastructure components and radio equipment which has reached its end-of-service/end-of-life end cycle. Motorola is no longer supporting service and repairs for our radios and new radios for this platform are no longer available. City staff considered two options: a) replacing the entire system with all new infrastructure and radios or b) joining the Joint Emergency Communication Services Association (JECSA) P25 network which Police and Fire have been using for over 10 years. It was determined that the JECC P25 network will provide several advantages such as greatly increased reception in areas of the City and inside City buildings where we currently have no reception, the ability to communicate with other local governmental agencies on the network in the event of a disaster, and the system would relieve the City of annual radio system infrastructure maintenance and repairs. Procurement of Harris P25 two-way radios from RACOM Corporation will utilize the Radio System Purchase Contract between RACOM Corporation and Washington County, IA dated July 24, 2018, which allows any governmental agency in the State of Iowa to purchase Harris radios at a 25% off list price discount. Radio purchase total is $615,678.44 and includes 170 portable radios, 114 mobile radios and 13 base station radios. Included in this price is programming and setup, removal of old mobile/base station radios and installation of the new radios. A five-year maintenance agreement for all radios purchased will be included with the purchase to cover annual preventative maintenance, software and firmware updates, any required programming updates and radio repairs. This agreement will be with Racom Corporation, paid annually at these rates: Year 1- $17,095.86, Year 2- $17,609.17, Year 3- $34,191.72, Year 4- $35,218.21, Year 5- $36,274.53. The combined RACOM purchase total not to exceed figure is $760,000.00. In addition to the radio purchase, there is an annual network user fee of $75.00 per radio that will be paid to the Joint Emergency Communication Services Association of Johnson County, IA totaling $22,275.00 annually. This will be a separate expense on a standalone contract. ATTACHMENTS: Description Executed Washington County Radio Contract RACOM Letter Resolution Purchase P25 SYSTEM PURCHASE CONTRACT WASHINGTON COUNTY, IOWA Public Safety Radio System REQUEST FOR PROPOSAL County -Wide Simulcast 800MHz Trunked Radio System July 24. 2018 . • V • ,,1 •Kill Pi 4.L RA4COM, critical communications This page left intentionally blank SYSTEM PURCHASE CONTRACT TABLE OF CONTENTS SECTION 1. DEFINITIONS 2. SCOPE OF WORK 3. BUYER'S OBLIGATIONS 4. FACILITIES SITES 5. DELIVERY, TITLE AND RISK OF LOSS 6. PRICE 7. TAXES 8. CHANGES AND ADDITIONS 9. PAYMENTS 10. SUBCONTRACTING 11. EXCUSABLE DELAYS 12. SELLER'S INSURANCE AND PERFORMANCE BOND 13. TESTING AND ACCEPTANCE 14. SOFTWARE LICENSE 15. COVERAGE 16. WARRANTIES 17. INTERFERENCE 18. INDEMNIFICATION 19. PATENTS 20. LIMITATION OF LIABILITY 21. REMEDIES 22. CONFIDENTIALITY 23. COMPLIANCE 24. NOTICES 25. ORDER OF PRECEDENCE 26. TERM 27. ENTIRE AGREEMENT 28. AMENDMENT 29. SEVERABILITY 30. WAIVER 31. HEADINGS 32. GOVERNING LAW 33. ASSIGNMENT; SUCCESSORS AND ASSIGNS (i) EXHIBITS A. CERTIFICATE OF INSURANCE B. SOFTWARE LICENSE AGREEMENT C. ADDITIONAL CONTRACT PRICING D. SYSTEM PURCHASE CONTRACT OFFERING E. SURETY BOND FOR PERFORMANCE F. SERVICE MAINTENANCE AGREEMENT SYSTEM PURCHASE CONTRACT THIS SYSTEM PURCHASE CONTRACT ("Contract") is made and entered into this day of July 24, 2018 ("Effective Date"), by and between Washington County, Iowa, 222 W Main Street, Washington, IA 52353, (hereinafter referred to as "Buyer") and RACOM Corporation, 201 W. State Street, Marshalltown, IA 50158, a Delaware corporation, (hereinafter referred to as "Seller"). RECITALS: R-1. Buyer issued a Request for Proposal entitled "County -Wide Simulcast 800 MHz P25 Conventional Radio system" and originally dated January 5, 2018, as amended on February 5, 2018 and February 14, 2018 (dates) (collectively, the "RFP") requesting proposals to provide Buyer with a radio communications system and services as set forth in the RFP. R-2. Seller delivered a proposal entitled "Washington County Iowa Public Safety Radio System" and originally dated March 22, 2018, as amended on April 16, 2018 and April 24, 2018 (collectively, the "Seller's Proposal") to provide the radio communication system and services requested by Buyer in the RFP. R-3. Buyer has selected Seller's Proposal and now desires to contract with Seller to provide Buyer with the radio communications system and services set forth i n Seller's Proposal. R-4. Buyer and Seller desire to enter into this Contract to set forth in writing their respective rights, duties and obligations hereunder. NOW, THEREFORE, WITNESSETH that for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt ofwhich are hereby acknowledged, it is mutually agreed between the parties as follows: SECTION 1. DEFINITIONS: As used herein, the terms set forth below shall have meanings set forth below. A. "Acceptance" shall mean acceptance of the System as set forth in Section 13 hereof. B. "Acceptance Date" shall mean the date the System is accepted or deemed accepted as set forth in Section 13 hereof. C. "Acceptance Tests" shall mean the testing procedures either described in Buyer's R F P o r Seller's Proposal and mutually agreed upon by Buyer and Seller to be performed to determine whether the System has met the acceptance criteria either set forth in Seller's Proposal or as mutually agreed upon in writing by Buyer and Seller. ® critical communications RACOM Page 5 of 37 D. "Certificate of Insurance" shall mean the certificate to be provided by Seller evidencing the insurance coverage of Seller and the form of which certificate is set forth in Exhibit A attached hereto. E. "Civil Work" shall mean the construction and/or preparing of tower, acquiring/installing equipment shelters and generators. F. "Documentation Deliverables" shall mean the standard commercial quality manuals to be furnished by the Seller to the Buyer pursuant to the terms set forth in Seller's Proposal and this Contract. G. "Effective Date of the Contract" shall be the date designated by the parties or, if no date is designated, shall be the date on which the Contract is signed by the lastof the parties to sign the Contract. The "Effective Date" shall be the date insertedon the first page of the Contract. H. "Hardware" shall mean, collectively, Terminal Hardware and Infrastructure Hardware, as defined below. I. "Infrastructure Hardware" shall mean the equipment, goods, and materials to be supplied by Seller, as further described in Seller's Proposal. J. "Installation Schedule" shall mean the schedule either set forth in Seller's Proposal or otherwise mutually agreed upon by Seller and Buyer in writing for the delivery of the Hardware and Software and the performance of the Services described in the Statement of Work. J. "Performance Bond" shall mean the surety bond for performance to be provided by Seller pursuant to the terms of this Contract and the form of which surety bond is set forth in Exhibit E attached hereto. K. "RFP" shall mean Buyer's request for proposal as described in the recitals of this Contract. L. "Seller" shall mean RACOM Corporation with offices at 201 West State Street, Marshalltown, IA 50158. M. "Seller's Proposal" shall mean the proposal provided by Seller to Buyer as described in the recitals of this Contract. N. "Services" shall mean the services to be provided by Seller to Buyer as set forth in Seller's Proposal. 0. "Software" shall mean the proprietary computer software of Seller as owned exclusively by Seller or Seller's suppliers, as appropriate, and as further defined in and licensed to Buyer pursuanttothe terms ofthe Software License Agreement. ® critical communications RACOM Page 6 of 37 P. "Software License Ag r e e m e n t" shall mean t h e System Software License Agreement set forth in Exhibit B attached h e r e t o. Q. "Statement of Work" shall mean the description of the work to be performed by Seller to deliver the Hardware, install the System and provide the Services, all as described in Seller's Proposal. R "System" shall mean the radio communications system comprised of the Hardware and Software to be furnished by Seller to Buyer pursuant to the terms set forth in Seller's Proposal and this Contract. S. "Terminal Hardware" shall mean mobile units, portable units, control stations and related accessories to be provided by Seller as listed in Seller's Proposal. T. "Total Contract Price" shall mean the price of the Hardware, the Software license and the Services to be furnished by Seller to Buyer pursuant to the terms set forth in Seller's Proposal and this Contract. SECTION 2. SCOPE OF WORK: Seller shall furnish, deliver and install the Hardware and Software for the System and provide the Documentation Deliverables and Services in accordance with the terms of Buyer's Request for Proposal (RFP), Seller's Proposal and this Contract. SECTION 3. BUYER'S OBLIGATIONS: A. The Buyer's obligations set forth in Seller's Proposal and this Contract shall be performed by Buyer in a timely and proper fashion in accordance with the Installation Schedule, or as otherwise agreed upon by Buyer and Seller, to allow Seller to timely perform its obligations under this Contract. B. In addition to the obligations specifically identified in Seller's Proposal, Buyer shall also have the following additional obligations. (1) Buyer shall designate a project manager to act as Buyer's primary interface with the Seller. (2) Buyer shall be responsible for all civil work and provide ready access to all sites owned, leased or otherwise controlled by Buyer. (3) All towers, shelters and associated equipment provided by or mandated by Buyer shall be satisfactory in all manners to accommodate the System proposed by the Seller, for which, Seller will provide needed technical information. Soil conditions at all sites provided by or mandated by Buyer shall conform to normal soil standards in the area for the contemplated construction of new facilities. ® critical communications RACOM Page 7 of 37 SECTION 4. FACILITIES SITES AND CIVIL WORK: Any sites where Seller will operate and perform System installation under the terms of this Contract must be approved by Buyer, whose approval shall not be unreasonably withheld, delayed or conditioned. Buyer shall be responsible, at Buyer's expense, for obtaining all rights to use sites including, but not limited to, lease payments, structural analysis, permits and licenses necessary to perform work on the sites and all FCC and FAA approvals. Seller shall provide all support necessary for the development of towers and sites. Buyer shall be responsible for paying all utility charges to the appropriate utility for providing utility services to the System installation areas. SECTION 5. DELIVERY. TITLE AND RISK OF LOSS: A. Seller shall ship the Hardware to Buyer on or before the dates set forth in the Installation Schedule. Partial deliveries shall be permitted. Upon delivery to the carrier, title to each portion of the Hardware and all risk of loss or damage shall pass to Buyer; provided, however, that Seller shall remain responsible until Acceptance of the System for loss or damage resulting from the willful misconduct or negligent acts or omissions of Seller, its employees, agents, and subcontractors. Buyer shall keep the Hardware fully insured for the total amount of all monies then due, or yet to become due, to Seller with respect to this Contract. B. If Buyer fails to take delivery of any of the Hardware, Seller may place such Hardware in storage at the place of manufacture or elsewhere. In such event: (1)Seller shall notify Buyer of the placement of any Hardware in storage; (2) Seller's delivery obligations shall be deemed fulfilled and title and all risk of loss or damageshall thereupon pass to Buyer; (3) any amounts otherwise payable to Seller upon delivery shall be payable upon presentation of Seller's invoices therefor; and (4) promptly upon submission of Seller's invoices therefor Buyer shall reimburse Seller for all expenses incurred by Seller such as preparation for and placement into storage, handling, storage, demurrage, inspection, preservation and insurance. SECTION 6. PRICE: The Total Contract Price to be paid by Buyer to Seller is four million four hundred twenty-seven thousand six hundred twenty-three Dollars and eighty-seven cents ($4,427,623.87). The individual prices for the units of Hardware, the Software license and the Services to be performed are as set forth in Seller's Proposal. SECTION 7 TAXES: In addition to any price specified herein, Buyer shall pay the gross amount of any present or future sales, use, excise, value-added, or other similar tax applicable to the price, sale or any Products or services furnished hereunder or to their use by Seller or Buyer, or Buyer shall otherwise furnish Seller with tax exemption certificates acceptable to all applicabletaxing authorities. ® critical communications RACOM Page 8 of 37 SECTION 8. CHANGES AND ADDITIONS: A. In the event of any change in the Hardware as a result of the imposition after the Effective Date of this Contract of any requirements by any federal, state, or local government, an equitable adjustment in the price shall be made to reflect a n y added cost and expense of such change and the Contract shall be modified in writing accordingly. B. Notwithstanding any other provision hereof to the contrary, if the performance by Seller of all or any part of this Contract, through and including completion of System testing and Acceptance, is delayed or interrupted, for any reason other than the fault of Seller, for a consecutive period exceeding seven (7) days in any instance or a cumulative period exceeding thirty (30) days for all instances then, upon written notice from Seller to Buyer, an equitable adjustment in the price shall be made to reflect any increase in the cost of performance of this Contract and the Contract shall be modified in writing accordingly. SECTION 9. PAYMENTS: A. The Total Contract Price for the Hardware, the Software license and the Services shall be paid by the Buyer to Seller as follows: A.1. Infrastructure and Terminal Hardware: 1. Fifteen percent (15%) of the Total Contract Price shall be due at the time of the signing of the Contract by the Buyer and Seller. Seller agrees initial payment will be provided upon Buyer completing bonding processes and cannot be provided prior to September 15, 2018. 2. Ten percent (10%) of the Total Contract Price shall be due upon acceptance of the System design. 3. Ten percent (10%) of the Total Contract Price shall be due at the time of Hardware factory acceptance as described in the Seller's proposal. 4. Twenty-five percent (25%) of the Total Contract Price shall be due upon Hardware shipment of all equipment. 5. Thirty percent (30%) of the Total Contract Price shall be due upon Conditional Acceptance as described in the Seller's proposal. 6. Ten percent (10%) or the remaining amount of the Total Contract Price shall be due upon Final Acceptance as described in the Seller's proposal. ® critical communications RACOM Page 9 of 37 B. Payment Dates The Payment(s) associated with the event(s) above shall be due thirty (30) days following the date of Seller's invoice. C. Other Amounts Any other amounts due Seller hereunder shall be due upon Buyer's receipt of Seller's invoice. D. Late Payments All amounts past due over thirty (30) days shall accrue interest from their due date at the rate of one and one-half percent (1-1/2%) per month (or such lesser rate as may be the maximum permissible rate under applicable law). E. Security Interest Until the Total Contract Price is fully paid to Seller, Seller shall retain and Buyer hereby grants to Seller a purchase money security interest in the Hardware and Buyer shall join with Seller in executing any required filings to perfect such security interest. SECTION 10. SUBCONTRACTING: Seller may subcontract any portion of work to be performed by Seller hereunder provided that Seller shall be responsible for the performance and work of any such subcontractors. SECTION 11. EXCUSABLE DELAYS: A. Seller shall not be liable for delays in delivery or failure to perform due directly or indirectly to: (1) causes beyond Seller's reasonable control, (2) Acts of God, acts (including failure to act) of any governmental authority (de jure or de facto), wars (declared or undeclared), riots, revolutions, strikes or other labor disputes, fires, floods, sabotage, nuclear incidents, earthquakes, storms, epidemics, (3) Seller's inability to timely obtain necessary materials, items, components or services from suppliers who are affected by the foregoing circumstances, or (4) the failure of the Buyer to perform its obligations hereunder in a timely manner. The foregoing shall apply even though any of such causes exists at the time of signature of the Contract by Seller or occurs after delays in Seller's performance of its obligations due to other reasons. B. In the event of any delay or failure excused by this Section, Seller shall as soon as practical notify Buyer and shall at the same time, or at the earliest practical date after such notice, specify the revised delivery and performance dates. In the event of such delay, the time of delivery or of performance shall be extended for a reasonable time period mutually agreed upon by both parties to compensate for the time lost by Seller by reason of the delay. ® critical communications RACOM Page 10 of 37 SECTION 12. SELLER'S INSURANCE AND PERFORMANCE BOND: A. Seller shall maintain in force at all times during Seller's performance under the Contract not less than the following insurance coverage with insurers authorized to do business in the state(s) in which work hereunder is to be performed by Seller: (1) workers' compensation insurance as required by law; (2) general liability insurance with limits of liability of not less than $5,000,000 combined single limits for bodily injury and property damage per occurrence; (3) motor vehicle liability insurance with limits of liability of not less than $5,000,000 combined single limits for bodily and property damage per occurrence. (4) Umbrella liability insurance of not less than $5,000,000 per occurrence for bodily injury, personal injury, and personal property damage. (5) Professional Liability Coverage, $2,000,000 per occurrence and in aggregate. B. Within ten (10) business days of execution of this Contract, Seller shall provide Buyer with a Certificate of Insurance set forth in Exhibit A evidencing the insurance coverage. C. Within ten (10) business days of execution of this Contract, Seller shall provide Buyer with a surety bond for performance set forth in Exhibit E attached hereto which bond shall terminate upon final System Acceptance as set forth inSection 13.A hereof. SECTION 13. TESTING AND ACCEPTANCE: A. Seller shall notify Buyer that the System is ready for Acceptance Tests at least ten (10) days before commencement of the Acceptance Tests. Buyer and Seller shall jointly commence the Acceptance Tests on the date specified in Seller's notice (or other mutually agreeable date) and a representative of Seller and a representativeof Buyer shall sign off on the form provided as part of the test procedure whethereach item of the test was passed or failed. If Buyer does not have a representative attend the Acceptance Tests, Seller shall proceed with those tests and immediately forward the test results to Buyer. If the System does not fulfill the requirements of the Acceptance Tests, Seller shall correct the defects at no additional cost to Buyer as soon as practicable. Upon correction of the defects the Acceptance Tests for the applicable part of the System shall be repeated in accordance with the procedures set forth in this Section. Successful completion of the Acceptance Test is the sole criterion for technical system acceptance and the initiation of the warranty period. Final system acceptance shall occur when the Hardware and Software for the System, Documentation Deliverables and Services have been furnished, delivered, installed and tested. B. Notwithstanding the acceptance testing of the System set forth in Section 13.A above, if Buyer commences use of any portion of the System for its intended purpose, other than for the express purpose of training or testing as mutually agreed upon by Seller and Buyer in writing, prior to System Acceptance, the applicable portion of the System shall be deemed accepted by Buyer. The final paymentforthe applicable portion of the ® critical communications RACOM Page 11 of 37 System shall be due and payable upon such acceptance. The Warranty Period for the applicable portion of the System put into use together with the associated installation Services shall be deemed to have commenced concurrently with the use of the applicable portion of the System for its intended purpose. The use of the applicable portion of the System for its intended purpose shall be deemed to have occurred when Buyer commences to use and rely primarily on the applicable portion of the System for its communications. C. As used in the Contract, the term "Acceptance Date" shall mean and "Acceptance" of the System shall be deemed to occur upon the earlier of: (1) the date on which the System is deemed accepted pursuant to subsection (A) above, or (2) the date on which the System is deemed accepted pursuant to subsection (B) above. D. Buyer and Seller agree that in the process of completing the Acceptance Tests, most if not all of the Acceptance Tests can be successfully completed with only a minor number of punch -list items remaining to be completed. In such event, Buyer and Seller shall mutually (and reasonably) agree upon the punch -list items to be completed, the value of those items and that "conditional acceptance" of the System has occurred. For the purpose of initiating the Warranty Period, satisfying the Installation Schedule requirements and the release of any retained funds (other than the value of the punch - list items) conditional acceptance shall constitute "Acceptance" of the specific portion or phase of the System. This conditional acceptance shall not, however, release Seller from its obligations to complete the remaining punch -list items bythe dates set forth on the punch -list schedule. SECTION 14. SOFTWARE LICENSE: Subject to the terms and conditions of the Software License Agreement attached hereto as Exhibit B, Buyer is granted a license to use the Software only in conjunction with the System purchased under this Contract. "Software" means the "Licensed Programs" as defined in the Software License Agreement. SECTION 15. COVERAGE: Seller's representations concerning the distance at which usable radio signals will be transmitted and received by Hardware supplied hereunder are represented by coverage maps included in Seller's Proposal. SECTION 16.WARRANTIES AND MAINTENANCE: A. Hardware and Services Seller warrants for a period of twenty-four (24) months from the Acceptance Date for the mobile and portable radios ("Subscriber Units") and for a period of twelve (12) months from the Acceptance Date for all other Hardware (hereinafter referred to as the "Warranty Period"), that the Hardware and installation Services furnished by Seller under this Contract shall be free from defects in material and workmanship and shall conform to the Contract specifications. Any and all claims for breach of this warranty are conclusively deemed waived unless made within the Warranty Period. The warranty period for ® critical communications RACOM Page 12 of 37 additional Hardware purchased by Buyer from Seller after System Acceptance shall be twenty-four (24) months from the date the Subscriber Unit is delivered to Buyer and twelve (12) months from the date the other Hardware is delivered to Buyer. B. For purposes of this Warranty the lithium -ion batteries supplied by Seller shall be deemed defective if: (1) the battery capacity is less than 80% of rated capacity, or (2) the battery develops leakage. Replacement batteries shall be warranted only for the remaining unexpired portion of the Warranty Period. This warranty becomes void if: (1) the battery has been subjected to any kind of misuse, detrimental exposure, or has been involved in an accident, or (2) the battery is used in equipment or service other than the Hardware for which it is specified. C. During the Warranty Period if any component of the Hardware or portion of the installation Services fails to meet the foregoing warranties, Seller's sole obligation and Buyer's exclusive remedy under this warranty shall be the correction by Seller of the failure at Seller's option: (1) by repairing any defective component of the Hardware, or (2) by furnishing any necessary repaired or replacement parts, or (3) by the redoing of the faulty installation. Any such failure, or the repair or replacement of the defective component or the redoing of any installation, shall not extend the Warranty Period. Where such failure cannot be corrected by Seller's reasonable efforts, the parties will negotiate an equitable adjustment in price. Seller will be responsible for all charges incurred in returning defective parts to Seller's plant and shipping repaired or replacement parts to Buyer. All warranty labor must be performed by an authorized service group approved by Seller either at its place of business, for mobile or portable equipment, or at the Buyer's location for fixed location equipment should Seller determine that it is not feasible to return the fixed location equipment to Seller's authorized service group. D. Seller's obligations shall not apply to: (1) Hardware or components thereof which are normally consumed in operation, or (2) Hardware or components thereof which have a normal life inherently shorter than the Warranty Period, or (3) defects which are the result of improper storage, use, or installation performed by other than Seller, maintenance performed by other than Seller, or repair performed by other than Seller, or (4) Hardware which has been subjected to any other kind of misuse or detrimental exposure or has been involved in an accident, or (5) Hardware or installations altered or repaired by any party other than Seller without Seller's prior written consent. E. Coverage Warranty. Notwithstanding the other provisions of this Section 16, Contractor's only Warranty as to radio coverage is that the System, prior to Acceptance, shall have successfully passed the coverage tests in the Acceptance Test Plan. F. System Service Maintenance Agreement. Buyer and Seller shall enter into a separate extended maintenance agreement attached hereto as Exhibit F. G. Software. The warranty for the Software is set forth in the Software License Agreement. H. THE WARRANTIES AND REMEDIES SET FORTH IN THIS SECTION AND IN THE SOFTWARE LICENSE AGREEMENT CONSTITUTE THE ONLY WARRANTIES WITH ® critical communications RACOM Page 13 of 37 RESPECT TO THE HARDWARE, SOFTWARE AND SERVICES AND THE BUYER'S EXCLUSIVE REMEDIES IN THE EVENT SUCH WARRANTIES ARE BREACHED. THEY ARE IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES. SECTION 17. INTERFERENCE: Radio system coverage and performance are subject to degradation due to anomalous propagation and interference beyond the reasonable control of Seller. Seller cannot be responsible for degradation or disruption of Service caused by operation of other radio systems or by natural phenomena or other interference over which the Seller has no reasonable control. In the event of a case of degradation due to interference by an outside party, Seller will provide engineering support to Buyer at Buyer's expense to support Buyer's efforts in resolving the interference issue with the outside party. SECTION 18. INDEMNIFICATION A. Seller shall be responsible for and agrees to indemnify Buyer and hold Buyer harmless from and against all third party claims, demands and causes of action for direct damages (including reasonable legal fees) for personal injuries or damage to tangible property to the extent directly resulting from the willful misconduct or negligent acts or omissions of Seller, Seller's officers, agents, employees, or subcontractors. Buyer agrees to notify Seller as soon as practical of any third party claim, demand or cause of action for which Buyer will request indemnification from Seller. Buyer will provide Seller with the necessary information and assistance to defend such claim, demand or cause of action. B. Buyer shall be responsible for and agrees to indemnify Seller and hold Seller harmless from and against all third party claims, demands and causes of action for direct damages (including reasonable legal fees) for personal injuries or damage to tangible property to the extent directly resulting from the willful misconduct or negligent acts or omissions of Buyer, Buyer's officers, officials, agents, employees, or subcontractors. Seller agrees to notify Buyer as soon as practical of any third party claim, demand or cause of action for which Seller will request indemnification from Buyer. Seller will provide Buyer with the necessary information and assistance to defend such claim, demand, or cause of action. SECTION 19. PATENTS: A. Seller and its supplier(s) warrants that the System furnished hereunder shall be delivered free of any rightful claim of any third party for infringement of any United States patent or copyright. If Buyer notifies Seller promptly of the receipt of any claim that the System infringes a United States patent or copyright and gives Seller information, assistance and exclusive authority to settle and defend such claim, Seller at its own expense shall defend, or may settle, any suit or proceeding against Buyer so far as based on a claimed infringement which breaches ® critical communications RACOM Page 14 of 37 this warranty. If, in any such suit arising from such claim, the continued use of the System for the purpose intended is enjoined by any court of competent jurisdiction, Seller shall, at its expense and option, either: (1) procure for Buyer the right to continue using the System, or (2) modify the System so that it becomes non -infringing, or (3) replace the System or portions thereof so that it becomes non -infringing, or (4) remove the System and refund the purchase price (less reasonable depreciation for use). The foregoing states the entire liability of Seller for patent or copyright infringement by the System and is subject to any limitation of total liability set forth in this Contract. B. The preceding subsection (A) shall not apply to: (1) any portion of the System which is manufactured to Buyer's design, or (2) the use of the System in conjunction with any other apparatus or material not supplied by Seller to the extent that such conjoined use causes the alleged infringement. As to any portion of the System or use described in the preceding sentence, Seller assumes no liability whatsoever for patent infringement. SECTION 20. LIMITATION OF LIABILITY: A. Except for Seller's liability to third parties for its willful misconduct or negligent acts or omissions as more particularly described in the Indemnification Section of this Contract, the total liability of Seller, including its subcontractors or suppliers, for all claims of any kind for any loss or damage, whether in contract, warranty, tort (including negligence or infringement), strict liability or otherwise, arising out of, connected with, or resulting from the performance or non-performance of this Contract or from the manufacture, sale, delivery, installation, technical direction of installation, resale, repair, replacement, licensing or use of any Hardware, Software or the furnishing of any Service, shall not exceed the amount paid by Buyer allocable to the particular item of Hardware, Software or Service which gives rise to the claim. Except as to title, any such liability shall terminate upon the expiration of the Warranty Period. B. EXCEPT AS EXPRESSLY SPECIFED IN THIS CONTRACT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR INFRINGEMENT), STRICT LIABILITY OR OTHERWISE, SHALL SELLER, OR ITS SUBCONTRACTORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF THE HARDWARE OR ANY OTHER EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR DOWNTIME COSTS. C. Any action for any claim of any kind for any loss or damages arising out of, connected with, or resulting from the performance, non-performance or breach of the Contract, or from the manufacture, sale, delivery, installation, technical direction of installation, resale, repair, replacement, licensing or use of any Hardware, Software or the furnishing of any Services, shall be commenced within one (1) year after the cause of action accrued or it shall be deemed waived or barred. D. The provisions of this Section, LIMITATION OF LIABILITY, shall apply notwithstanding any other provisions of this Contract or any other agreement. ® critical communications RACOM Page 15 of 37 E. The provisions of this Section, LIMITATION OF LIABILITY, shall survive the expiration or termination of this Contract. SECTION 21. REMEDIES: A. In the event of a material breach of this Contract by Seller which shall continue for one hundred twenty (120) or more days after written notice of such breach(including a reasonably detailed statement of the nature of such breach) shall have been given to Seller by Buyer, Buyer shall be entitled to avail itself cumulatively of any and all remedies available at law or in equity (provided such remedies are not otherwise limited under the terms of this Contract) and either: (1) suspend performance of its payment obligations under the Contract for as long as the breach continues uncorrected; or seek liquidated damages as provided under the terms of the this contract (3) terminate this Contract by written notice to Seller if the breach remains uncorrected. B. In the event of: (1) any failure by Buyer for thirty (30) or more days to make any payment when due, or (2) any other material breach of this Contract by Buyer which shall continue for one hundred twenty (120) or more days after written notice of such breach (including a reasonably detailed statement of the nature of such breach) shall have been given to Buyer by Seller, Seller shall be entitled to avail itself cumulatively of any and all remedies available at law or in equity (provided such remedies are not otherwise limited under the terms of this Contract) and either: (1) suspend performance of its obligations under this Contract for as long as the breach remains uncorrected; or (2) terminate this Contract by written notice to Buyer ifthe breach remains uncorrected. SECTION 22. CONFIDENTIALITY: A. During the term of this Contract, it is anticipated that one party (hereafter the "Disclosing Party") may disclose to the other party (hereafter the "Receiving Party") information which the Disclosing Party considers proprietary and confidential. Accordingly, with respect to any specification, drawings, sketches, models, samples, tools, technical information, confidential business information or data, in written or other tangible form which: (1) has been designated in writing by the Disclosing Party as confidential or proprietary, or (2) is of the type that the Receiving Party customarily treats as confidential or proprietary, and which is furnished by the Disclosing Party to the Receiving party in contemplation of or under this Contract (hereinafter "Information"), the Receiving Party shall treat such Information, for a period of five (5) years after the Effective Date of this Contract, as confidential information with the same degree of care as the Receiving Party affords to confidential information of its own of a similar nature and shall not reproduce any such Information, in whole or in part, except as specifically authorized in writing by the Disclosing Party. B. The provisions of the preceding subsection shall not apply to any Information which: (1) is or shall become publicly available without breach of this Section 22 Confidentiality, on the part of the Receiving Party; (2) is already known by the Receiving Party prior to receipt from the Disclosing Party; ® critical communications RACOM Page 16 of 37 (3) is independently developed by the Receiving Party; (4) is rightfully obtained by the Receiving Party from third parties without restriction; or (5) is required to be disclosed by appropriate governmental or judicial order provided that Receiving Party gives Disclosing Party prior written notice of such order and assists Disclosing Party in taking reasonable actions to restrict such order. C. The provisions of this Section, CONFIDENTIALITY, shall survive the expiration or termination of this Contract. D. The confidentiality obligations of this Section, CONFIDENTIALITY, shall not apply to Software, the confidentiality and other rights and obligations with respect to which are set forth in the Software License Agreement. SECTION 23. COMPLIANCE: Seller agrees to comply with all federal, state and local laws, ordinances, codes, rules and regulations in effect as of the Effective Date of this Contract that may in any way affect the work by Seller hereunder. Any Hardware or Software furnished by Seller under this Contract shall comply in all material respects with federal, state and local laws and regulations applicable to the manufacture, packing, sale and shipment of such Hardware or Software as of the Effective Date of this Contract and shall comply with any amendments thereto which may have come into effect prior to the time such Hardware or Software are delivered provided that the price and, if necessary, delivery of such Hardwareor Software shall be equitably adjusted to compensate Seller for the effect of compliance with any such amendments. SECTION 24. NOTICES: Notices and other communications between the parties shall be transmitted by by email or in writing to the parties at the addresses set forth below and shall be deemed effective upon receipt by the receiving party. Either party may change its address by giving notice in writing thereof to the other party. IF TOBUYER: Washington County Attn: Richard Young / ryoung@co.washington.ia.us Attn: Jack Seward / jseward@co.washington.ia.us 222 W Main St. / PO Box 889 Washington, IA 52353 IF TO SELLER: RACOM Corporation Attn: Mike Miller, President / Mike.Miller@racom.net 201 West State Street Marshalltown, IA 50158 ® critical communications RACOM Page 17 of 37 SECTION 25. ORDER OF PRECEDENCE: The Seller's Proposal and the following Exhibits are expressly incorporated herein by reference and, together with this Contract, constitute the Contract Documents. In the event of a conflict among or between the Contract Documents, the documents shall control in the order of precedence set forth below: 1. This Contract 2. Seller's Proposal 3. Seller's Question Response 001 4. Seller's Question Response 002 5. Exhibit C: Contract Pricing Documents 6. Buyer's Request for Proposal (RFP) including Addendums 1 & 2 7. Exhibit A - Certificate of Insurance 8. Exhibit B - Software License Agreement 9. Exhibit F — Service Maintenance Agreement 10. Exhibit E - Surety Bond for Performance 11. Exhibit D — System Purchase Contract Offering SECTION 26. TERM: The term of this Contract shall commence upon the Effective Date of this Contract and shall run through the end of the Warranty Period (as defined in the Warranty Section) except as otherwise provided in this Contract. The term of the Software license is set forth in the Software License Agreement. SECTION 27. ENTIRE AGREEMENT: This Contract together with all Exhibits and Seller's Proposal which is incorporated herein by reference constitute the entire understanding and agreement between Buyer and Seller concerning the subject matter hereof and any negotiations, prior discussions, representations, promises, understandings, proposals, agreements, warranties, course of dealing or trade usage not expressly contained or referenced herein shall not be binding on either party. SELLER DOES NOT ASSUME ANY OBLIGATIONS OR LIABILITIES IN CONNECTION WITH THE SALE OF THE SYSTEM OTHER THAN THOSE EXPRESSLY STATED IN THIS CONTRACT AND DOES NOT AUTHORIZE ANY PERSON (INCLUDING SELLER'S MANUFACTURER'S REPRESENTATIVES AND SALES AGENTS) TO ASSUME FOR SELLER ANY OTHER OBLIGATIONS OR LIABILITIES. SECTION 28. AMENDMENT: No modification or amendment or other change to this Contract shall be binding on either party unless set forth in a writing signed by both Buyer and the Project Manager or other authorized representative of Seller. SECTION 29. SEVERABILITY: The invalidity, in whole or in part, of any Section or part of any Section of this Contract shall not affect the validity of the remainder of such Section or the Contract. RACOM critical communications Page 18 of 37 SECTION 30. WAIVER: No term of this Contract may be waived except in a writing signed by the party waiving enforcement. No term of this Contract shall be deemed to be waived by reason of any failure to previously enforce such term. SECTION 31. HEADINGS: Section headings are inserted for convenience only and shall not be used in any way to construe the meaning of terms used inthis Contract. SECTION 32. GOVERNING LAW: The validity, performance and all matters relating to the interpretation and effect of this Contract and any amendment thereto shall be governed by the laws of the State of Iowa excluding its rules with respect to conflict of laws. SECTION 33. ASSIGNMENT: SUCCESSORS AND ASSIGNS: This Agreement shall not be assigned by either Party without the written consent of the other Party, which shall not be unreasonably withheld or delayed. Notwithstanding the above, Seller may assign this Agreement, without consent, (a) in whole or in part, to an affiliate or subsidiary or (b) in the event of a change of controlling ownership interest (either directly or indirectly) in Seller or in the event of merger, recapitalization, consolidation, other business combination or sale of all or substantially all of the assets of Seller. RACOM critical communications Page 19 of 37 IN WITNESS WHEREOF, Buyer and Seller have executed this Contract. BUYER Washington County, Iowa WITN SS: Witness Name: amid 1 . IJ/10(er Title: Cita r.vt4r� SCJ erv� S°(2S Date: ei 7 - % ? SELLER RACOM Corporation Name:ALA-C Ail - Title: rR si TS6 Date: ^7 ^ 146 Witness Name:G /? et /iiC24/�.Sdkk..._ RACOM Page 20 of 37 EXHIBIT LIST A. CERTIFICATE OF INSURANCE B. SOFTWARE LICENSE AGREEMENT C. CONTRACT PRICING D. SYSTEM PURCHASE CONTRACT OFFERING E. SURETY BOND FOR PERFORMANCE F. SERVICE MAINTENANCE AGREEMENT ® critical communications RACOM Page 21 of 37 EXHIBITA CERTIFICATE OF INSURANCE RACOM critical communications Page 22 of 37 ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 3/1/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Independent Insurance Services of Central Iowa 11 E. Church St. P.O. Box 248 Marshalltown IA 50158-0248 CONTACT NAME: Sue Gannaway PHONE FA (A/c, No, Ext): 641-752-4618 (A/C, No): 641-753-0557 ADDRESS: sue.gannaway@insurecentraliowa.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers 5606 INSURED RACOCOR-02 RACOM Corporation 201 West State Street Marshalltown IA 50158 INSURER B : Travelers Property Casualty Ins Company 36161 INSURER C : 11/7/2018 INSURER D : $ 1,000,000 INSURER E : $ 300,000 INSURER F : COVERAGES CERTIFICATE NUMBER: 812595908 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBERPOLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 6302F674510 11/7/2017 11/7/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE PREM SESO(Ea occurrence) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE POLICY X LIMITAPPLIES INT -LOC PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS Garagekeeper SCHEDULED AUTOS NON -OWNED AUTOS 8102F674510 11/7/2017 11/7/2018 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Garagekeepers Limit $ 250,000 A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP2F674510 11/7/2017 11/7/2018 EACH OCCURRENCE $ 9,000,000 AGGREGATE $ 9,000,000 DED X RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A UB2F674510 11/7/2017 11/7/2018 WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 A A B Cyber/Errors & Omissions Liab. Crime/Fidelity Installation Floater 6302F674510 6302F674510 6302F674510 11/7/2017 11/7/2017 11/7/2017 11/7/2018 11/7/2018 11/7/2018 Claims Made $2,000,000 Limit $200,000 Limit $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION Washington County E911 Commission 221 West 2nd Street Washington IA 52353 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE c161.A.,,R ?N . ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT B SOFTWARE LICENSE AGREEMENT ®critical communications RACOM Page 23 of 37 TARR/S TECHNOLOGY TO CONNECT, INFORM AND PROTECT EXHIBIT B SOFTWARE LICENSE AGREEMENT This License Agreement ("Agreement") is made on July 24, 2018 (the "Effective Date") between Harris Corporation , a Delaware Corporation, through its Communication Systems Segment, ("LICENSOR") with offices at 221 Jefferson Ridge Parkway, Lynchburg, VA 24501 and _Washington County, IA, with offices at 222 West Main Street, Washington, IA 52353 ("LICENSEE"). LICENSOR is the owner of certain wireless communications software programs and LICENSEE desires to obtain a license from LICENSOR to use such wireless communications programs. 1.0 Definitions. 1.1 "Designated Systems": Means the Harris system(s), products, and Designated Terminals purchased by Buyer and identified in the Primary Agreement for which the Licensed Programs and documentation are intended to be used. 1.2 "Designated Terminals": Means the LICENSOR'S Terminals purchased by LICENSEE. 1.3 "Licensed Programs": The term Licensed Programs shall mean the wireless communications computer programs in software or firmware supplied under this Agreement by LICENSOR in binary object code format to the LICENSEE (stand alone or in conjunction with the purchase of a LICENSOR wireless communications system.) Licensed Programs shall also include all other material related to the Licensed Programs supplied by LICENSOR to LICENSEE hereunder, and which may be in machine readable or printed form, including but not limited to user documentation and/or manuals. 1.4 "Open Source Software": Means software with either freely obtainable source code, license for modification, or permission for free distribution. 1.5 "Open Source Software License": The terms or conditions under which the Open Source Software is licensed. 1.6 "Primary Agreement": The agreement to which this exhibit is attached. 1.7 "Third Party Software Products": Shall mean programs that are not developed by LICENSOR which are licensed/purchased by LICENSOR for inclusion in its products. 2.0 License Grant for Licensed Programs. 2.1 Subject to the terms of this License Agreement and the performance by Licensee of its obligations hereunder, LICENSOR hereby grants to Licensee, and Licensee hereby accepts from LICENSOR, (a) a personal, non- transferable, non-exclusive, perpetual, limited license to use the Licensed Programs in object code format only and (b) install and execute such Licensed Programs on Licensee's equipment and (c) which are to be used for internal business purposes only. All licensed programs under this License Agreement shall only be used in conjunction with the Designated System. This license does not transfer any right, title, or interest in the Licensed Programs. The license granted authorizes Licensee to use the Licensed Programs in object code format and does not grant any rights to source code. ECR -7197 02-06-18 Page 1 of 5 /�ARR/S TECHNOLOGY TO CONNECT, INFORM AND PROTECT 2.2 LICENSEE will not reproduce, modify, or make derivative works of the Licensed Programs, except that LICENSEE may make one archival, and one inactive backup, copy of the Licensed Programs. In addition, LICENSEE, its agents, consultants and/or its subcontractors will not attempt to reverse engineer, decompile, or reverse -compile any software contained in the Licensed Programs and any attempt to do so shall be a material breach of this License Agreement. With respect to the Licensed Programs, LICENSEE will not alter, deface, discard, or erase any media, documentation, or LICENSOR or Third Party Licensor's trademarks or proprietary rights notices. 2.3 Third Party Software Products may be subject to additional license terms, which, if applicable, are set out in Product Specific License Terms delivered with each product. Additional To the extent applicable, LICENSEE shall comply with any additional Third Party Software Product license terms. 2.4 If the Software licensed under this License Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source Software Licenses of the copyright owner and not this License Agreement and, to the extent applicable, LICENSEE will comply with the Open Source Software terms License terms. If there is a conflict between the terms and conditions of this License Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee's use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this License Agreement. If requested by Licensee, Harris will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this License Agreement; (ii) identify the Open Source Software and provide Licensee a copy of the applicable Open Source Software License (or specify where that license may be found). 3.0 Protection and Security of Licensed Programs. LICENSEE acknowledges and agrees that the Licensed Programs and any materials and/or documentation related thereto, and any portion thereof, supplied by LICENSOR hereunder are proprietary and confidential to LICENSOR or applicable third party licensors and are a valuable commercial asset of LICENSOR or their third party owners. LICENSEE also acknowledges and agrees that LICENSOR and/or the third party licensors have and shall retain all proprietary rights in their respective portions of the Licensed Programs and any materials and/or documentation related thereto. LICENSEE (i) shall respect such proprietary rights, (ii) shall protect LICENSOR and any third party licensor's proprietary rights at least to the extent that it protects its own proprietary information, or such (iii) shall not use the Licensed Programs nor any materials or documentation related thereto except for the purposes for which they are being made available as set forth in this Agreement and (iv) shall not reproduce, print, disclose, or otherwise make said Licensed Programs or materials and/or documentation related thereto available to any third party, in whole or in part, in whatever form, except as permitted in the terms of this Agreement. 4.0 Warranty Seller warrants, for the greater of a period of one year or, if a longer warranty period for the product containing the Licensed Program is set forth in a Primary Agreement, the longer warranty period shall apply commencing with the date of Licensee's acceptance of their Designated System, that any Licensed Program furnished to Licensee under this License Agreement shall be capable of successfully operating on the Designated System in accordance with the logic defined in the operator's manuals when the system is supplied with correct input data. If, on the basis of evidence submitted to LICENSOR within the term of this warranty, it is shown that any Licensed Program does not meet this warranty, LICENSOR will, at its option, either correct the defect or error in the Licensed Program, free of charge, or make available to Licensee a substitute program. The foregoing warranty is exclusive and in lieu of all other war- ranties whether written, oral, implied or statutory. NO IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SHALL APPLY, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY LICENSOR. ECR -7197 02-06-18 Page 2 of 5 ARR/S TECHNOLOGY TO CONNECT, INFORM AND PROTECT" Licensed Programs which have been developed or are owned by a third party licensor and which are sublicensed by LICENSOR to LICENSEE hereunder shall be warranted to LICENSEE only to the extent that the licensor of such sublicensed programs warrants such sublicensed programs to LICENSOR. In the event that the Licensed Programs do not conform to the representation above, LICENSEE's sole remedy and LICENSOR' s sole and exclusive liability shall be to replace such Licensed Programs with the then current released version of such Licensed Programs. 5.0 Limitation of Liability. 5.1 THE LIMITATION OF LIABILITY PROVISION IN THE PRIMARY AGREEMENT SHALL GOVERN THIS LICENSE AGREEMENT AND SECTION 5.2 SHALL NOT APPLY. IF THERE IS NO LIMITATION OF LIABILITY PROVISION IN THE PRIMARY AGREEMENT, SECTION 5.2 SHALL APPLY. 5.2 IN NO EVENT WILL LICENSOR AND/OR ANY THIRD PARTY LICENSOR(S) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF LICENSOR AND/OR ITS THIRD PARTY LICENSOR(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S AND THIRD PARTY LICENSORS', LIABILITY IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT OR THE USE OF THE LICENSED PROGRAMS SHALL NOT EXCEED THE TOTAL COMPENSATION PAID TO LICENSOR BY LICENSEE FOR THE PRODUCTS CONTAINING THE LICENSED PROGRAMS. 6.0 Term and Termination. 6.1 LICENSOR reserves the right, in addition to any other remedies it may retain in this License Agreement or may be entitled to in law or equity (including immediate injunctive relief and repossession of all non -embedded Licensed Programs and documentation), to terminate this License Agreement at any time prior to the expiration of any Term in the event LICENSEE breaches any material term or condition or fails to perform or observe any obligations or covenants of this License Agreement and such failure and/or breach is not remedied within thirty (30) days of written notice from LICENSOR. 6.2 Within thirty (30) days after termination or expiration of this License Agreement, LICENSEE will return to LICENSOR all confidential material including but not limited to all copies, partial copies, and/or modified copies (if any) of Licensed Programs and any equipment owned by LICENSOR in LICENSEE's possession. 7.0 Assignment/Transfer. This License Agreement, the licenses granted hereunder and the Licensed Programs provided to LICENSEE under this License Agreement may not be assigned, sub -licensed, or otherwise transferred by LICENSEE to any third party without LICENSOR's prior written consent, except that this license may be assigned if the Products containing the Licensed Programs are transferred but the new owner or user of the Products may only use the Licensed Programs in accordance with terms of this License Agreement. Subject to the foregoing, any assignee hereunder shall be subject to all of the terms, conditions and provisions of this License Agreement. Any attempt by LICENSEE to assign, sub - ECR -7197 02-06-18 Page 3 of 5 /�ARR/S TECHNOLOGY TO CONNECT, INFORM AND PROTECT" license, or transfer the Licensed Programs, or any of the rights or duties contained in this Agreement, without LICENSOR's prior written consent shall be void. 8.0 Severability. If any term or provision of the License Agreement is determined by a court or government agency of competent jurisdiction to be invalid under any applicable statute or rule of law, such provision(s) are, to that extent, deemed omitted, but this License Agreement and the remainder of its provision shall otherwise remain in full force and effect. 9.0 Waiver. No waiver will be implied from conduct or failure to enforce rights. No waiver will be effective unless in writing signed on behalf of the party against whom the waiver is asserted. 10.0 Compliance with Laws. Licensee acknowledges that the Licensed Programs are subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Harris and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement. 11.0 Governing Law. This License Agreement will be governed by the laws of the Unites States to extent that they apply and otherwise to the laws of the State of New York. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. The parties expressly agree that the Uniform Computer Information Transactions Act ("UCITA") applicable in any jurisdiction shall not apply to this Agreement. 12.0 U.S. Government. If Licensee is the U.S. Government, the Licensed Programs and documentation qualify as "commercial items," as that term is defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212. Consistent with FAR 12.212, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which the Agreement may be incorporated, Customer may provide to Government end user or, if the Agreement is direct, Government end user will acquire, the software and documentation with only those rights set forth in the Agreement. Use of either the software or documentation or both constitutes agreement by the Government that the software and documentation are "commercial computer software" and "commercial computer software documentation," and constitutes acceptance of the rights and restrictions herein. 13.0 Agreement. This License Agreement may be part of a Primary Agreement between LICENSOR and LICENSEE for the purchased products by LICENSEE from LICENSOR. The Primary Agreement and this License Agreement contain the full understanding of the parties with respect to the subject matter hereof and which supersede all prior understandings and writings relating thereto and which shall become binding on the Effective Date of this License Agreement. No ECR -7197 02-06-18 Page 4 of 5 J4RRI5 TECHNOLOGY TO CONNECT, INFORM AND PROTECT- waiver, ROTECT waiver, consent, modification, amendment, or change to the terms of this License Agreement shall be binding unless agreed to in a writing signed by LICENSEE and LICENSOR. If there is any conflict between the terms of the Primary Agreement and this License Agreement as to the Licensed Programs, the terms of this License Agreement will prevail. 14.0 Notices. Notices shall be provided as set forth in the Primary Agreement. In the event there is no notice provision in the Primary Agreement, notices and other communications between the parties shall be transmitted in writing by certified mail or nationally recognized overnight courier service. 15.0 Survival. Sections 2.2, 3, 5, 6, 8, 9, 11, and 13 of this License Agreement shall survive termination of this License Agreement. [End of Document] ECR -7197 02-06-18 Page 5 of 5 EXHIBIT C CONTRACT PRICING ® critical communications RACOM Page 29 of 37 Proposers must list all pricing using the format in this section as a round up cost summary for each identified system. Details for each site can make use of the Proposer's forms. Pricing will be used for evaluation and comparison purposes. Proposers are encouraged to provide any information on quantity pricing which would be deemed favorable to Washington County. The cells in yellow should be completed by the proposer. The system equipment order for Washington County is anticipated to occur in 2018 after completion of negotiations and design review with the selected vendor. Delivery is anticipated to be scheduled for Q4 2018. Completion of this pricing template is mandatory, however, proposers can also utilize and submit their own pricing summary formats if desired. This sheet should be submitted electronically with your response in MS Excel format or evaluation points may be deducted. RFP Pricing Matrix -Washington County Radio System Equipment and Services / Final Contract Pricing MOBILES ITEM DESCRIPTION VENDOR MODEL QUANTITY PROPOSED PRICE TOTAL Global System and Support Elements including Services Detailed System Design XG-25M RACOM 38 1 $ 29,866.67 $ 29,867 700/800 MHz P25 Mid -tier Mobile Radio System Installation and Optimization RACOM 64 1 $ 20,800.00 $ 20,800 700/800 MHz P25 Low -tier Mobile Radio Drive Testing/Coverage Verification Documentation RACOM 0 1 $ 62,400.00 $ 62,400 Options Package for Back Up Stations Radio System Acceptance & Commissioning Testing HARRIS RACOM 127 1 $ 18,666.67 $ 18,667 NEW PORTABLES System Documentation Package RACOM XL -200 1 $ 14,933.33 $ 14,933 2 Licensing and permitting $ 7,821 RACOM 700/800 MHz P25 High -Tier Portable Radio 1 $ 8,800.00 $ 8,800 55 Develop Fleet Map $ 152,823 RACOM 700/800 MHz P25 High -Tier Portable Radio 1 $ 10,400.00 $ 10,400 289 Project Management $ 803,015 RACOM 700/800 MHz P25 Low -tier Portable Radio 1 $ 102,880.80 $ 102,881 0 Spare Parts $ - RACOM Options Package for Back Up Stations 1 $ 176,960.96 $ 176,961 346 Performance Bond will be passed through at RACOM's cost RACOM Accesory Options 1 $ 25,320.00 $ 25,320 Payment Bond N/A RACOM N/A 0 Portable Battery HARRIS 346 $ 97.50 $ 33,735 Individual Battery Charger $ - HARRIS 346 $ 99.00 $ 34,254 $ - $ _ Shared Radio Infrastructure Elements including Installation and Programming Common Controller Systems Application HA Unite Core HARRIS VIDA Unite 1 $ 342,570.67 $ 342,571 Redundant Controller Systems Application HA included in Common Controller HARRIS VIDA Unite 1 $ - Radio System Network Management HARRIS VIDA Unite 1 $ - $ - Radio Console Systems (4 positions) Symphony HARRIS Symphony 4 $ 37,032.67 $ 148,131 XG-75, 1 Antenna, Combiner, Duplexer HARRIS XG-75 4 $ 5,879.33 $ 23,517 Options Package for Back Up Stations Multi -Key AES/OTAP/OTAR HARRIS 4 $ 250.00 $ 1,000 $ Radio Console Mutual Aid Radio Systems with Antenna Systems Network First HARRIS Network First 1 $ 122,652.00 $ 122,652 Additional Network First Gateway Card 4 -port Card HARRIS Network First 1 $ 10,784.00 $ 10,784 Additional ISICS Mutual Aid Control Station Multi -Frequency Control Station - Console HARRIS CS7000 1 $ 9,715.00 $ 9,715 Call Logging Systems 12 TP Interface HARRIS Eventide 1 tbd $ - Site Alarm System Central Server RACOM 1 $ 2,050.00 $ 2,050 Site Alarm System Access Terminal RACOM 1 $ 2,804.00 $ 2,804 VHF ToneNoice Paging Infrastructure and Reprogramming HARRIS TB9400 0 $ 152,802.67 $ - $ - $ - Roll Up Costs for LMR Site Equipment Inclusive of P25 Conventional and Paging Station Equipment, Antennas Systems, Grounding/Protection Systems, DC Power Plant Systems, Alarm System, etc. LMR Site Equipment 1 Washington SS HARRIS MASTR V 1 $ 339,245.35 $ 339,245 LMR Site Equipment 2 Kalona Telco HARRIS MASTR V 1 $ 302,916.61 $ 302,917 LMR Site Equipment 3 Brighton WTC HARRIS MASTR V 1 $ 258,250.88 $ 258,251 LMR Site Equipment 4 Riverside GF HARRIS MASTR V 1 $ 252,566.88 $ 252,567 LMR Site Equipment 5 Wellman HK HARRIS MASTR V 1 $ 257,736.21 $ 257,736 LMR Site Equipment 6 $ - LMR Site Equipment 7 $ - LMR Site Equipment 8 $ - Roll Up Cost for Microwave and Network Sub System Inclusive of Licensing, Multiplexing Systems, Antennas Systems, Grounding/Protection Systems, etc. Microwave/Network Site Equipment - 1 Washington SS NEC Pasolink 1 $ 85,248.91 $ 85,249 Microwave/Network Site Equipment - 2 Kalona Telco NEC Pasolink 1 $ 66,250.24 $ 66,250 Microwave/Network Site Equipment - 3 Brighton WTC NEC Pasolink 1 $ 78,808.91 $ 78,809 Microwave/Network Site Equipment - 4 Riverside GF NEC Pasolink 1 $ 76,746.24 $ 76,746 Microwave/Network Site Equipment - 5 Wellman HK NEC Pasolink 1 $ 76,766.24 $ 76,766 Microwave/Network Site Equipment - 6 Dispatch NEC Pasolink 1 $ 44,631.57 $ 44,632 Microwave/Network Site Equipment - 7 Stutzman - Johnson Co NEC Pasolink 1 $ 73,892.00 $ 73,892 Microwave/Network Site Equipment - 8 $ - Microwave/Network Site Equipment - 9 $ - Roll Up Costs: Coordination/Oversight Activity with Civil Engineering Firm, Tower Owners and Construction Firm Coordination and Oversight for Civil Portion of Project RACOM 1 $ 60,042.67 $ 60,043 Coordination and Discussions with Tower Owners included in above RACOM 1 $ - Coordination and Discussions with Civil Contractor included in above RACOM 1 $ - Miscellaneous Equipment and/or Services Terminal User Training Train the Trainer RACOM _ 4 $ 2,500.00 $ 10,000 Dispatch Training Train the User RACOM 3 $ 2,000.00 $ 6,000 24X7X365 System Maintenance First Year 100% Warranty (Year 1) RACOM 1 $ 55,000.00 $ 55,000 RADIO SYSTEM INFRASTRUCTURE TOTAL $ 3,178,354.79 Washington County User Equipment - Terminal Units - P25 Capable - AES Encryption Capable MOBILES Multiband (VHF -700/800 MHz) P25 Mobile Radio XG100M 25 $ 4,837.80 $ 120,945 700/800 MHz P25 High -tier Mobile Radio XG-25M 38 $ 2,529.60 $ 96,125 700/800 MHz P25 Mid -tier Mobile Radio XG-25M 64 $ 2,211.63 $ 141,544 700/800 MHz P25 Low -tier Mobile Radio XG-25M 0 $ 2,211.63 $ - Options Package for Back Up Stations Multi -Key AES/OTAP/OTAR HARRIS 127 $ 250.00 $ 31,750 NEW PORTABLES Multiband (VHF -700/800 MHz) Portable Radio XL -200 2 $ 3,910.50 $ 7,821 700/800 MHz P25 High -Tier Portable Radio XL -185 55 $ 2,778.60 $ 152,823 700/800 MHz P25 High -Tier Portable Radio XL -185 289 $ 2,778.60 $ 803,015 700/800 MHz P25 Low -tier Portable Radio XG-15 0 $ 1,184.70 $ - Options Package for Back Up Stations Multi -Key AES/OTAP/OTAR HARRIS 346 $ 250.00 $ 86,500 Accesory Options Portable Misc Accessories HARRIS 346 $ 150.00 $ 51,900 Spare Battery Unit Portable Battery HARRIS 346 $ 97.50 $ 33,735 Individual Battery Charger Portable Charging Unit HARRIS 346 $ 99.00 $ 34,254 ® critical communications RACOM RAI COM critical communications CONTROL BASE STATIONS High -tier 700/800 MHz Control Station with Antenna System XG-75M (4 dispatch control stations and antenna system were moved to Shared Infrastructure, Radio Console Backup Stations 5 $ 4,309.49 $ 21,547 Mid -tier 700/800 MHz Control Station with Antenna System XG-75M 11 $ 3,313.22 $ 36,445 Options Package for Control Stations Multi -Key AES/OTAP/OTAR HARRIS 16 $ 250.00 $ 4,000 $ Washington County Terminal Units - P25 Capable TOTAL $ 1,622,405.09 Installation - Washington County Mobile Equipment Remote Mount, Control Head - Squads 0 $ 300.00 $ - Remote Mount, Control Head - Fire Apparatus, EMS 127 $ 350.00 $ 44,450 Remote Mount, Dual Control Head - Fire Apparatus, EMS 0 $ 595.00 $ - Dash Mount - DPW 0 $ 150.00 $ - $ - Washington County Terminal Units Install TOTAL $ 44,450 Installation - Washington County Control Station Equipment Control Stations with Antenna Systems 16 $ 520.00 $ 8,320 $ $ - Washington County Control Station Install TOTAL $ 8,320 Programming - Washington County User Equipment Mobile Programming Includes unlimited number of reprogramming 127 $ 50.00 $ 6,350 Portable Programming Includes unlimited number of reprogramming 346 $ 50.00 $ 17,300 Control Station Programming Includes unlimited number of reprogramming 20 $ 50.00 $ 1,000 $ - Washington County User Equipment Programming TOTAL $ 24,650 P25 Paging - Washington County User Equipment Unication Pager G4 Single band pager with 5 -year Warranty and Programming 0 $ 790.61 $ - Unication Pager G5 Dual band Pager with 5 -year Warranty and Programming 400 $ 880.61 $ 352,244 Belt Clip - Unication Pager 400 $ 29.00 $ 11,600 Charging Cradle - Unication Pager 400 $ 89.00 $ 35,600 $ Washington County User Equipment Paging TOTAL $ 399,444 RADIO & PAGING SUBSCRIBER TOTAL $ 2,099,269.09 SYSTEM DISCOUNT OFFER Additional system discount for purchase of all radio and paging infrastructure, as well as 493 or more radios and 10 -year Comprehensive Maintenance Agreement. Requires trade-in of existing radios and accessories and signed contract by June 22, 2018. Initial Purchase Savings 1 $ (850,000.00) $ (850,000) RADIO SYSTEM INFRASTRUCTURE + Terminals + System Discount $4,427,623.87 RAI COM critical communications Washington County Spare Parts List Washington County Spares Part Number Discription Manufacturer Quantity Unit Price P25 & NWF MASV-800M1 Station,MASTR V,P25T,800 MHz,799-817 Rx Package Harris 1 $ 112,428.00 includes: SV-AW5R Power Amplifier,Linear,800 MHz Harris 1 $ - SV-PS2P-DC Power Supply,-48V,DC,MASTR V Harris 1 $ - SV-PM1C Processor,Baseband Module,MASTR V Harris 1 $ - SC-VTXP25-DC MASTR V IP Simulcast,Tx Site,Comm Equip Harris 1 $ - SC-MD7A-DC Network Sentry,IP Simulcast Harris 1 $ - CP-MD7B-DC Assy,Controller,SitePro,MME w/ Cables DC Harris 1 $ - VSCR28 Router,1921,Advanced Security,AC Power Harris 1 $ - VS-CU6G MODULE,CISCO EHWIC-4ESG 4 -PORT GIG INT Harris 1 $ - VSCU3H Switch,Cisco 2960 Harris 1 $ - VS-CR39 ROUTER,2911,AC,SEC,DATA,8P EHWIC Harris 1 $ - VS-CU5G 1-PORT,EHWIC,CU/OPTICAL GIGABIT ETHERNET Harris 1 $ - VSCR25 Firewall,ASA5512-X Harris 1 $ - VSCR14 Router,2921,DC,Security,w/Ether Switch Harris 1 $ - VSCRO9 Router,Cisco,2911,DC,Sec,w/EtherSwitch Harris 1 $ - VS-CU5Q CISCO RPS2300 W/ 2911 ADAPTER Harris 1 $ - SAR Router 3H06791AA SAR-8 Shelf V2 Nokia 1 $ 1,875.00 3HE02774AB CONTROL SWITCH MODULE V2 Nokia 1 $ 2,625.00 3HE06792EA FAN MODULE SAR-8 V2 (-48VDC) Nokia 1 $ 825.00 3HE02776AB 8 -PORT GE/FE ETHERNET CARD V2 Nokia 1 $ 3,900.00 3HE02784KA SAR Release 8.0 OS License Nokia 1 $ 638.33 Antenna System DSX7PDU-08DC 700/800Mhz 8 port PDU/RXMC dbSpectra 1 $ 2,487.10 DS7TMA17C 700/800Mhz Tower Top Amplifier (Milled) dbSpectra 1 $ 2,018.94 TSX-DFM-P2-BF Polyphaser, 700-2700Mhz 750 watts DIN (F), DIN (M) Polyphaser 1 $ 136.18 CGXZ+36NMNF-A Polyphaser, 400-1200Mhz +36VDC NMNF for TTA/TP Polyphaser 1 $ 121.06 DS8Al2F36U-D Antenna, Omni 12dB DIN dbSpectra 1 $ 2,826.25 BMR1OH Antenna, Bi-directional 13.4dB NF RFS/Cellwave 1 $ 4,529.98 BMR10A Antenna, Bi-directional 12.3dB NF RFS/Cellwave 1 $ 3,559.61 BMR1OB Antenna, Bi-directional 14.0dB NF RFS/Cellwave 1 $ 3,317.02 DC Plant 242100.500.VC SMARTPACK 2 Master G2 CLEI (Digital Control) Elteck 1 $ 320.80 242100.501.VC SMARTPACK 2 Basic G2 CLEI (Digital Control) Elteck 1 $ 133.00 242100.502.VC I/O Monitor Type 2 G2 CLEI (Alarms) Elteck 1 $ 106.40 Microwave 96330-001 POWER SUPPLY CARD (PS -MV) VR1250 NEC 1 $ 723.52 96331-101 TERM CARD (TERM -MV) VR1250 NEC 1 $ 162.26 96329-003 FAN UNIT (FAN -MV) VR1250 NEC 1 $ 162.26 GXA-006321-001 FILTER UNIT VR1250 NEC 1 $ 46.55 CBS -000246-002 AIR FILTER VR1250 NEC 1 $ 19.95 96332-103 MAIN CARD (MC -MV) VR1250 NEC 1 $ 2,933.98 A-86220-003 AMR MODEM -EH FOR IPASOLINK VR1250 NEC 1 $ 1,228.92 A -A02460-001 SWC -MV, RF SWITCH & FAN ALARM INTERFACE VR1250 NEC 1 $ 228.76 Washington County Spare Parts List 55303-101 4xGBE INTFC CARD (GbE-A) GLOBAL IPASOLINK, 2xGBE (10/100/1000BASE-T) + 2GBE, EXCLUDE SFP MODULE VR1250 NEC 1 $ 331.17 60926-003 10/100/1000BASE-T SFP MODULE GLOBAL IPASOLINK -- NOTE: ELECTRICAL SFP-- (100e/200/400/1000/5000IPS) NEC 1 $ 89.11 A-79316-011 TRP-L6G-S01A, ECMP, SPARES EC2 UNIT, L6G TR UNIT NO SD (L6G LOW) NEC 1 $ 3,226.58 A-79316-012 TRP-L6G-S01A, ECMP, SPARES EC2 UNIT, L6G TR UNIT NO SD (L6G HIGH) NEC 1 $ 3,226.58 A-79321-002 TRP-11G-S01A, ECMP, SPARES EC1 UNIT, 11G, TR UNIT WITHOUT SD ( HIGH) NEC 1 $ 4,766.72 A-79321-001 TRP-11G-S01A, ECMP, SPARES EC1 UNIT, 11G, TR UNIT WITHOUT SD ( LOW) NEC 1 $ 4,766.72 A-79313-001 SPARE ENHANCED COMPACT TRP, FAN UNIT FOR TR UNIT NEC 1 $ 190.19 M-49737-001 SPARE ENHANCED COMPACT TRP, AIR FILTER NEC 1 $ 190.19 78619 -CBO -HC TRP -18G -1E, IAG, 18G, ODU, SUB -BAND C, TX HIGH, WG -TYPE NEC 1 $ 1,328.67 78619 -CBO -LC TRP -18G -1E, IAG, 18G, ODU, SUB -BAND C, TX LOW, WG - TYPE NEC 1 $ 1,328.67 NWF Interop $ - MANG-NPS2K Power Supply,DC,4-Slot Gateway Chassis Harris 1 $ 1,537.50 MANG-NAA3E Module,DVU,UAC,Interoperability Gateway Harris 1 $ 8,625.00 TOTAL SPARES $ 176,960.96 It may be in the best interest of the governmental agencies within Washington County to purchase other communication solutions from RACOM that may be related to the P25 Radio System; relations which may include but are not limited to: • Vehicle or PSAP Installation • Programming • Connectivity or Interface • Maintenance Services and/or Support • Other communication and public safety and public service products and services Governmental agencies within Washington County, including each municipality, may, at their option, purchase public safety solutions from RACOM under this agreement at the following contractual discounts: • 25% off Harris Radios and Accessories, except "vendor" products which are offered by Harris but not manufactured by Harris. Vendor products are non -discountable. • 25% off In -vehicle Warning Lights • 15% off other RF solutions and Accessories • 15% off Networking and Recording Solutions • 12% off Security, Video and Data Solutions • 5% off Dispatch Furniture • 10% off all other Public Safety and In -vehicle Solutions offered by RACOM Exclusions — • Manufacturers sometime incorporate 3rd party hardware and software solutions that are designated as limited or non -discountable and will not be eligible for these discounts • Although rare, there may also be occasions where RACOM is not authorized by the manufacturers to sell at these discount levels • Items will not be discounted if the discount results in a price below RACOM's cost ® critical communications RACOM Page 34 of 37 EXHIBIT D SYSTEM PURCHASE CONTRACT OFFERING This Exhibit is to confirm and authorize the mutual intent of this System Purchase Contract between Washington County, Iowa and RACOM Corporation of Marshalltown, Iowa, that all political subdivisions within the State of Iowa be eligible to purchase off this System Purchase Contract within the stipulations below: A) Allow other governmental agencies to benefit from the competitive bidding process executed by Washington County with the help of an independent third -party consultant that resulted contracting terms and pricing. B) Immediately authorize other governmental divisions and subdivisions (New Buyers) to purchase off this contract. Individual line item pricing is detailed in RACOM's Response to RFP for a County -Wide Simulcast 800 MHz P25 Radio System, dated March 22, 2018. C) Purchases made from provisions of this contract will be made between New Buyers and RACOM and may or may not involve Washington County directly. If Washington County is involved directly, a separate agreement (i.e. a 28E agreement) between Washington County and the New Buyer may be required. D) In no case will Washington County be responsible for fulfilling the agreements between or the responsibilities of RACOM and New Buyers. E) The amendment and authorization will go into effect immediately and is valid throughout the term of the SYSTEM PURCHASE CONTRACT. F) Furthermore, this Amendment provides an automatic annual renewal of the SYSTEM PURCHASE CONTRACT, subject to annual price increases of 2.5% beginning January 2021. G) Additional and new products may be added to this contract with the mutual consent of the parties. H) This Contract may be cancelled by either party with 90 days written notice. Cancellation of this Contract by either Washington county or RACOM will not change or impact other governmental divisions or subdivisions that have purchased off this Contract. ® critical communications RACOM Page 35 of 37 EXHIBIT E SURETY BOND FOR PERFORMANCE ® critical communications RACOM Page 36 of 37 Init. i4AIADocument A312TM - 2010 Performance Bond CONTRACTOR: (Name, legal status and address) Racom Corporation 201 West State Marshalltown IA 50158 OWNER: (Name, legal status and address) Washington County 222 W Main Street Washington IA 52353 Bond Number IAC 588300 SURETY: (Name, legal status and principal place of business) Bonding Company (Mutual) P O Box 14498 Des Moines IA 50306 CONSTRUCTION CONTRACT Date: July 24, 2018 Four Million Four Hundred Twenty-seven Thousand Six Hundred Amount: Twenty-three & 87/100ths ($4,427,623.87) Description: County -Wide Simulcast 800 MHz P25 Conventional Radio Syste (Name and location) BOND Date: July 24, 2018 (Not earlier than Construction Contract Date) This document has important legal consequences. Consultation with an attomey is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined mPerformance and Payment Bond. Amount: Four Million Four Hundred Twenty-seven Thousand Six Hundred Twenty-three & 87/100ths ($4,427,623.87) Modifications to this Bond: Ione 0 See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Racom Corpora iori Signature: Name and Title: IQ At SURETY r S 1 Me�'c "iXiits Bonding Cotnpny tMutual) Signature: Name Nancy D. and Title: altutat, Attorney -in -Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: LMC Insurance & Risk Management (Architect, Engineer or other party:) 4200 University Avenue #200 West Des Moines IA 50266 AIA Document A312Th — 2010. The American Institute of Architects. 061110 1 Init. § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A3127" — 2010. The American Institute of Architects. 2 Init. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. AIA Document A312TM — 2010. The American Institute of Architects. 3 Init. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document A312TM — 2010. The American Institute of Architects. 4 Init. AIA Document A312TM - 2010 Payment Bond CONTRACTOR: (Name, legal status and address) Racom Corporation 201 West State Marshalltown IA 50158 OWNER: (Name, legal status and address) Washington County 222 W Main Street Washington IA 52353 CONSTRUCTION CONTRACT Date: July 24, 2018 Four Million Four Hundred Twenty-seven Thousand Six Hundred Amount: Twenty-three & 87/100ths ($4,427,623.87) Bond Number IAC 588300 SURETY: (Name, legal status and principal place of business) Merchants Bonding Company (Mutual) P O Box 14498 Des Moines IA 50306 Description: County -Wide Simulcast 800 MHz P25 Conventional Radio Syste (Name and location) BOND Date: July 24, 2018 (Not earlier than Construction Contract Date) This document has important legal consequences. Consultation with an attomey is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined mPerformance and Payment Bond. Amount:Four Million Four Hundred Twenty-seven Thousand Six Hundred Twenty-three & 87/100ths ($4,427,623.87) Modifications to this Bond: ✓}one CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Racom Corporation 0 See Section 18 SURETY Company: (Corporate Seal) Merchants Bonding Company (Mutual) Signature: r � Signature: Name Name and Title: and Title: (Any additional signatures appear on the last page of this Payment Bond) Nancy D. Balt tat, Attorney -in -Fact (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: LaMair-Mulock-Condon Co. (Architect, Engineer or other party) 4200 University Avenue #200 West Des Moines IA 50266 AIA Document A312TM — 2010. The American Institute of Architects. o81+ 10 5 Init. I § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. AIA Document A312TM — 2010. The American Institute of Architects. 6 Init. I § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A312Th — 2010. The American Institute of Architects. 7 MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Christopher R Seiberling; Greg T LaMair; Jeffrey R Baker; Jill Shaffer; Joseph I Schmit; Mark E Keaimes; Nancy D Baltutat; Patrick K Duff their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 5th day of April , 2017 . .•••,(t10tNf4..••NG-.4;7;7:;i:. "C?) . �O9 . • �': 2003 ,,- y 19 • 33 : : By • J . ' : EXHIBIT F SERVICE MAINTENANCEAGREEMENT ® critical communications RACOM Page 37 of 37 Washington County SYSTEM MAINTENANCE AGREEMENT THIS SYSTEM MAINTENANCE AGREEMENT (hereinafter "Agreement") is entered intothis 24th day of July 2018 , by and between RACOM Corporation, located at 201 W. State Street, Marshalltown, Iowa 50158, USA, ("Seller"), and Washington County Iowa located at 222 W. Main Street, Washington, IA 52353_(hereinafter "Customer"). 1. SCOPE OF AGREEMENT During the tern of this Agreement (hereinafter "Term"), Seller agrees to provide Customer with repair and maintenance services and parts, as set forth in Section 2 of this Agreement, to maintain the Customer's radio system equipment provided by Seller to Customer and listed in Addendum II to this Agreement. 2. CONDITIONS OF SERVICE Seller shall supply all supervision, labor, service facilities, repair parts, test equipment, and supplies necessary to meet the service requirements stated in this Agreement. 2.1 Service Facilities Seller shall have a full service maintenance facility available and staffed with factory trained service technicians. The location and staffing level shall be sufficient to meet the service requirements stated in this Agreement. 2.2 Right to Subcontract Seller may subcontract service work to authorized service centers that meet the minimum requirements of a service center set forth in the Seller Authorized Service Center Agreement. Should any subcontractor fail to perform or their work otherwise proves unsatisfactory, Seller will arrange for continuing maintenance of the equipment by qualified technicians for the duration of this Agreement. 2.3 Fixed Equipment Maintenance Fixed equipment is defined as those site repeater stations and associated equipment, multi -site coordinator, console electronics equipment, radio control stations and other fixed equipment, all as listed in Addendum II, Equipment List, attached hereto and incorporated herein by reference. All work on fixed equipment shall be performed at the location of the equipment whenever possible. Emergency service shall be provided twenty-four hours per day, seven days per week. Technical personnel must respond to the emergency service request and begin troubleshooting efforts within two (2) hours of the request and be at the location of the failed equipment within four (4) hours of the request if the problem cannot be corrected remotely. This service is included in the monthly maintenance rate. No fixed equipment shall be out of service in excess of 24 hours after notification of equipment failure when the failure results in the inability of mobile units to communicate with each other or with a dispatch center. 2.4 Mobile Equipment Maintenance Mobile equipment is defined as those vehicular mounted radios, personal portable radios, vehicular repeaters, portable radio chargers and other mobile equipment, all as listed in Addendum II, Equipment List. Mobile equipment shall be serviced at the customer building where the vehicle is normally assigned, at the vehicle's work location, or at a Seller's authorized service facility during normal working hours as mutually agreed upon by Seller and the Customer. All mobile service requests must be responded to within two working days from the receipt of the repair request. If the mobile radio cannot be repaired within two hours from the beginning of a service action, the radio unit shall be replaced, if requested, with a customer -provided spare unit. Emergency service shall be available twenty-four hours per day, seven days per week. Emergency service on mobile equipment, if requested, will be performed at the rate for demand service set forth in Addendum I, Maintenance Rates, attached hereto and incorporated herein by reference. 2.5 Spare Parts and Radios It is recommended that Customer maintain an adequate stock of spare parts, system - critical modules and mobile and portable radios. The purchase of Customer's spares inventory will be at Customer expense. 2.6 Working Hours Working hours are defined as 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays. Work performed outside of working hours is defined as emergency service and will be performed at demand service rates. 2.7 Demand Services "Demand Services" shall mean service requests that are not included in this Maintenance Agreement as described in Section 2.8, Maintenance Responsibilities, of this Agreement. The installation, removal, or reinstallation of equipment not associated with repair / maintenance efforts as defined in this Agreement shall be considered Demand Service and be performed by Seller, following reasonable notice, and at the rates listed in Addendum I to this Agreement. Service work made necessary because of abuse or neglect not under the control of Seller will be performed at the hourly rate for demand service, plus the purchase of parts. Special work, not otherwise covered, will be performed at Seller prevailing rates. ® critical communications RACOM Page 2 of 15 2.8 Maintenance Responsibilities Seller agrees to provide the following services and perform the tasks described as part of this Maintenance Agreement in accordance with the limitations and definitions of Sections 2.7 and 6.4 of this Agreement. a. Seller shall check, on a daily basis, the radio system's alarm status and report any alarm conditions to the customer. Investigation and troubleshooting of alarms shall begin in order of severity and impact to the overall system's ability to maintain effective communications. Seller will inspect/test the communication equipment and make such repairs, adjustments and replacements of components as may be necessary to maintain and/or restore the system to normal operating conditions. b. Seller shall repair, maintain and service all equipment listed in Addendum II, Equipment List, attached hereto. c. Seller shall perform preventative maintenance inspections and tests as recommended by the OEM and required by applicable FCC regulations; as a minimum, these inspections and tests will be performed annually for equipment listed in Addendum II. 2.9 Service Records The following service records shall be maintained and made available to the Customer upon request: Monthly mobile service activity, by vehicle number, including model number, serial number, work performed, and time required to restore service. Monthly emergency service activity including failure type, corrective action taken and time required to restore service. The results of preventive maintenance tests and inspections shall be provided, upon request by the Customer within 30 days of completion. Service records for work performed as described in Section 2.9 shall be retained for the duration of this Agreement and any subsequent renewal periods. 2.10 Software Upgrades Seller will provide labor to install and test software upgrades, whether for corrective or enhancement purposes, provided that Customer subscribes to a Seller software services agreement that provides the upgraded software. ® critical communications RACOM Page 3 of 15 2.11 Database Reprogramming Mobile radio or system database corrections will be provided by Seller at no cost to Customer, during the term of this agreement, if the correction is necessary because of an error or omission on Seller's part. Database changes made at Customer's request will be performed at the hourly rates listed in Addendum Ito this Agreement. 2.12 General All services provided under this Agreement are only applicable to the land mobile radio products and systems sold and provided by Seller to Customer and listed in Addendum II to this Agreement. Prior to contract signing, Seller reserves the right to request a complete serial number listing of all equipment to be covered under this agreement. 2.13 Special Conditions Any and all special service conditions are listed in Addendum III to this Agreement, the provisions of which are incorporated herein by reference. 3. CUSTOMER FINANCIAL OBLIGATIONS 3.1 Customer shall pay the annual maintenance fee as set forth in Addendum I to this Agreement in advance, on or before the effective date of this Agreement as set forth in Section 5.1 hereof . Fees for demand services, as set forth in Addendum I to this Agreement, are payable within thirty (30) days of receipt of Seller's invoice. 3.2 Seller may at any time hereafter revise the rates set forth in Addendum I by giving Customer written notice thereof not later than ninety (90) day prior to the expiration of a yearly period, provided that the revised rates are mutually agreed upon in writing and said revised rates shall be effective for the next yearly period, unless either party exercises its option to terminate the Agreement. 3.3 Any other- payments under this Agreement are due within thirty (30) days of receipt of Seller's invoice. 3.4 All late payments under this Agreement shall bear interest at a rate of one and one-half percent (1.5%) per month. 4. WARRANTY 4.1 Seller warrants that all services performed under this Agreement will be done in an efficient and workmanlike manner. Under no circumstances will Seller's liability to Customer exceed the amounts paid by Customer under this Agreement for the applicable service that causes the Customer's claim. IN NO EVENT SHALL SELLER BE LIABLE TO THE CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE ® critical communications RACOM Page 4 of 15 EQUIPMENT OR ANYASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER, DOWNTIME COSTS OR CLAIMS OF CUSTOMER'S CLIENTS, IF ANY, FOR SUCH DAMAGES. 4.2 THE WARRANTY SET FORTH IN SECTION 4.1 ABOVE IS SELLER'S SOLE WARRANTY UNDER THIS AGREEMENT AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4.3 Patents, Trademarks, Information a. Nothing in this Agreement shall be construed as; (i) A warranty or representation by Seller that any advice provided under this Agreement is or will be free from infringement of patents of third parties; or (ii) Conferring a right to Customer to use in advertising, publicity or otherwise any trademark or trade name of Seller; or (iii) Granting to Customer by implication, estoppel, or otherwise any licenses or rights under patents of Seller. b. SELLER MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE ADEQUACY, ACCURACY OR UTILITY OF ANY INFORMATION OBTAINED BY CUSTOMER UNDER THIS AGREEMENT. Seller assumes no responsibilities whatsoever with respect to the use by Customer or any third party of any information obtained by Customer or third party under this Agreement with respect to any use, sale or other disposition by Customer or its clients or other transferees of any products incorporating or made by use of the information obtained under this Agreement. 4.4 General a. Radio systems are subject to degradation of service from natural phenomena such as so-called "skip" interference and other causes beyond the reasonable control of Seller such as motor ignition and other electrical noise as well as interference from other users assigned by the FCC to the same or adjacent frequencies. Seller cannot be responsible for interference or disruption of service caused by operation of other radio systems or by natural phenomena or by motor ignition or other interference over which there is no reasonable control. Such foregoing interference and noise can be minimized by the addition of corrective devices (at Customer's expense) adapted for particular ® critical communications RACOM Page 5 of 15 locations and installations. Seller will investigate interference complaints (at the rates specified in Addendum I to this Agreement) and make recommendations as to the use of such devices; however, total freedom from noise and interference cannot be guaranteed. b. Seller does not assume responsibility for signal strength unless the deficiency is the result of substandard equipment maintenance. c. If, due to the action of regulatory authorities, changes to the equipment become necessary, such changes will be performed by Seller upon request at the expense of Customer. 5. TERM AND TERMINATION 5.1 The services under this Agreement will be provided by Seller to Customer for an initial one year period and thereafter on an annual basis as provided herein with rates to be modified as set forth in Section 3.2. The effective date of this Agreement is 7-24-18 per Maintenance terms outlined in Washington County RFP Response dated 3-22-18. . 5.2 The services shall be automatically extended at the end of the initial year for an additional year and on a succeeding yearly basis thereafter unless either party notifies the other, in writing, at least sixty (60) days prior to the end of the yearly period then in effect that the services shall not be extended. 5.3 In the event that Customer fails to make any overdue payments due to Seller under this Agreement within fifteen (15) days after receipt of written notice from Seller, Seller may at its option immediately thereafter terminate this Agreement. 5.4 In the event of any other default under this Agreement, either Customer or Seller shall give the other party written notice describing the default and a thirty (30) day period to correct the default. This Agreement may then be immediately canceled if the default is not corrected prior to the end of the thirty (30) day period. 6. LIMITATION OF LIABILITY 6.1 The total liability of seller, including its subcontractors or suppliers, on any and all claims, whether in contract, warranty, tort (including negligence or patent infringement) or otherwise, arising out of, connected with, or resulting from the performance or non- performance of any agreement resulting herefrom or from the manufacture, sale, delivery, resale, repair, replacement or use of any equipment or the furnishing of any service, shall not exceed the price allocable to the equipment or service which gives rise to the claim. Except as to title any such liability shall terminate upon the expiration of the applicable warranty period specified in the article entitled "warranty". 6.2 IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR PATENT INFRINGEMENT) OR ® critical communications RACOM Page 6 of 15 OTHERWISE, SHALL SELLER, OR ITS SUBCONTRACTORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER, DOWNTIME COSTS OR CLAIMS OF BUYERS CUSTOMERS FOR SUCH DAMAGES. IF BUYER TRANSFERS TITLE TO, OR LEASES THE EQUIPMENT SOLD HEREUNDER TO, OR OTHERWISE PERMITS OR SUFFERS USE BY, ANY THIRD PARTY, BUYER SHALL OBTAIN FROM SUCH THIRD PARTY A PROVISION AFFORDING SELLER AND ITS SUBCONTRACTORS AND SUPPLIERS THE PROTECTION OF THE PRECEDING SENTENCE. 6.3 Any action for any claim of any kind for any Toss or damages arising out of, connected with. or resulting from the performance, non-performance or breach of the Contract, or from the manufacture, sale, delivery, installation, technical direction or installation, resale, repair, replacement, licensing or use of any Hardware, Software or the furnishing of any Services, shall be commenced within one (1) year after the cause of action occurred or it shall be deemed waived or barred. 6.4 Seller shall not be liable for costs incurred for repair and/or replacement of equipment that fails or becomes inoperative due to negligence on the part of the user, liquid intrusion, lightning damage, user installations, user removals and/or acts of God, acts of terrorism or work performed by third parties not authorized by RACOM to perform work on specified equipment. Seller shall not be liable for costs incurred for correcting, replacing or repairing equipment damaged and/or data corruption induced and/or caused by 3rd party personnel or other equipment / systems not provided by RACOM. 6.5 The provisions of this Section, LIMITATION OF LIABILITY, shall apply notwithstanding any other provisions of this Contract and any other agreement. 6.6 The provisions if this Section, LIMITATION OF LIABILITY, shall survive the expiration or termination of this Contract. ® critical communications RACOM Page 7of15 7. GENERAL PROVISIONS 7.1 All notices under this Agreement shall be in writing and shall be deemed to have been duly given upon being delivered personally or upon receipt if mailed by certified mail, return receipt requested. Notices shall be sent to the representatives named below or any subsequent representative for which notice was provided pursuant to this section. Seller: RACOM Corporation 201 W. State Street Marshalltown, Iowa 50158 Customer: Washington County, IA 222 W Maint Street Washington, IA 52353 7.2 This Agreement shall be interpreted and the legal relations between the parties determined in accordance with the laws of the Commonwealth of Iowa. The invalidity, in whole or in part, of any provision of this Agreement shall not affect the validity of enforceability of any other provisions thereof. 7.3 Seller shall not be responsible for delays or failures in performance under this Agreement that are due to causes beyond its reasonable control including, but not limited to, acts of God, war, acts of terrorism, fires, severe weather, floods, strikes, blackouts, — embargoes or work performed on specified equipment by third parties not authorized by RACOM to perform such work.. In the event such delays or failures interrupt Seller's services to Customer, Seller shall promptly notify Customer of the circumstances and the anticipated delay. 7.4 This Agreement represents the entire understanding of the parties with respect to the subject matter hereof and this Agreement supersedes and replaces all prior Agreements and understandings, either oral or written, regarding the subject hereof. 7.5 This Agreement cannot be amended, modified or any provisions waived orally. All amendments and modifications must be in writing and signed by both parties. All waivers must be provided in writing by the party waiving their rights under this Agreement. 7.6 This Agreement may not be assigned without the prior written consent of the other party, which consent shall not be unreasonably withheld. However, Seller may: (i) assign all of its rights, obligations and liabilities under this Agreement to any subsidiary; or (ii) assign its rights to monies due or payable under this Agreement; Seller shall provide Customer with written notice of any such assignment. Seller's assignment of monies due or payable under the Agreement will not relieve Seller of any obligations or responsibilities to Customer hereunder. ® critical communications RACOM Page 8 of 15 IN WITNESS WHEREOF, intending to be legally bound, Seller and Customer have executed this Agreement as of the dates set forth below. RACOM Corporation By:/'1 f a A1'1('— Name:)t4jL f tt(1-I" Title: ?1'4jS t (}( Date: -1"-2-S. CUSTOMER Title: e-ke k-vrtcot. - &co, s Date: RacoN' Page 9 of 15 ADDENDUM 1 SYSTEM MAINTENANCE RATES A. RATES Annual charges for maintenance: As outlined on the following page B. DEMAND SERVICE RATES Hourly Rate (normal business hours): $95/hr technician, $125/hr engineering Hourly Rate (overtime and holidays): 1.5 x standard rate Mobile/Portable Radio Reprogramming: Included for duration of this contract/ if outside the scope of the contract - $50perradio /per unit C. DATABASE CORRECTION RATES The following rates apply only when outside the scope of a full and comprehensive maintenance services agreement Hourly Rate: (normal business hours) $95/hr technician *critIcal communications RACO/11 Page 10 of 15 RFP Pricing Matrix -Washington County Radio System Maintenance Services Describe Extended Maintenance Options and Associated Pricing per Year as per RFP Descriptions Extended Maintenance Extended System Maintenance (Years 2-10) Comprehensive Maintenance $ 1,088,157 Diana Cod Submittal 71 018 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 $ 110,000 $ 110,000 $ 113,300 $ 116,699 $ 120,200 $ 123,806 $ 127,520 $ 131,346 $ 135,286 Extended Mobile Maintenance (Years 2-10) 127 108 $ 121,967 $ 6,858 $ 6,858 $ 14,127 $ 14,551 $ 14,988 $ 15,437 $ 15,901 $ 16,378 $ 16,869 Extended Portable Maintenance (Years 2-10) 346 108 $ 332,289 $ 18,684 $ 18,684 38,489 $ 39,644 40,833 42,058 43,320 $ 44,619 $ 45,958 Extended Control Station M 4010000ce (Years 2-10) 20 120 $ 20,275 $ 1,140 $ 1,140 2,348 $ 2,419 2,491 2,566 2,643 $ 2,722 $ 2,804 Infrastructure Software Upgradesgnstall (Years 2-10) included in System Maintenance Washington County Maintenance Options SUBTOTAL SYSTEM DISCOUNT OFFER -MAINTENANCE $ 136,682 $ 136,682 $ 168,265 $ 173,313 $ 178,512 $ 183,868 $ 189,384 $ 195,065 $ 200,917 $ 1,562,688 Additional maintenance discount for purchase of all radio and paging infrastructure, as well as 493 or more radios and 1 0 -year Comprehensive Maintenance Agreement. Requires trade-in of existing radios and accessories and signed contract by June 22, 2018. 1 0% Reduction of Maintenenace Years 2-9 $ (156,268.76) (8156,268.76) Washington County Maintenance Options TOTAL $ 1,406,418.83 ® critical communicet,ons RACOM $ 13,668.20 $ 13,668.20 $ 16,826.49 $ 17,331.29 $ 17,851.23 $ 18,386.76 $ 18,938.36 $ 19,506.52 $ 20,091.71 $ 123,013.80 $ 123,01 3.80 $ 151,438.43 $ 155,981.58 $ 160,661.03 $ 165,480.86 $ 170,445.28 $ 175,558.64 $ 180,825.40 Page 1 ADDENDUM 11 EQUIPMENT LIST A. FIXED EQUIPMENT: • One, 5 -site, 4 -Channel, P25 Phase 11 P25 Simulcast System • 7 Microwave Links • 4 Symphony Consoles and Back-up Radios • Network First Interoperability Gateways • Antenna systems at the tower sites B. MOBILE EQUIPMENT: • 127 Mobile Radios • 346 Portable Radios • 15 Control Station Radios • 400 Unication G5 Pagers *critIcal communications RACO/11 Page 12 of 15 ADDENDUM 111 SPECIAL CONDITIONS 1.0 Maintenance Exclusions 1.1 Fixed Equipment The items identified below are covered during the warranty period if they have been provided and installed by RACOM. Following the end of the warranty period, these items are specifically excluded from coverage by this Maintenance Agreement, unless otherwise noted in Addendum II (A) Fixed Equipment List. Customer may request services on these items at the then current Demand Services Rates listed in Addendum I — System Maintenance Rates. • Batteries of any type or equipment location. Batteries are considered a consumable item and are not covered by this agreement. • Any UPS or power conditioning equipment and associated batteries are excluded from this Agreement. • Site Civil Work Items are excluded from this Agreement to include: o Towers and Tower Lighting Systems o Shelters — including lighting fixtures or bulbs, HVAC systems & Fire Suppression Systems. o Fences • Land, Roads and surface coverings o Landscaping o Generators o Generator Fuel Tanks o HVAC o Power Supplies o Site Electrical Feed (whether underground or overhead) • Console Personal Audio Accessories (headset, ear piece) 1 2 Terminal (Non -Fixed) Equipment • Portable Radios — Specifically Excluded are: o Antennas o Batteries o Carrying Cases o Audio Accessories (speaker microphone, headset, ear piece) *critIcal communications RACO/11 Page 13 of 15 • Mobile Radios — Specifically Excluded are: o Antennas o Power Cables o Control Head to T/R package cables for remote mount units o Fuses & Fuse Holders o Audio Accessories (microphone, headset, ear piece) o Any issues related to vehicular power systems • Voltages out of radio specification range • Voltage spikes 1.3 Civils Equipment — Towers, Shelters, Generators, UPS • Civils Equipment is covered by maintenance services during the backbone equipment warranty period. • Following end of the backbone warranty period the Civils Equipment is no longer covered by this agreement. • Customer may request that RACOM provide maintenance services to Civils Equipment following end of warranty and RACOM will provide a Demand Services quotation for the service requested. Customer will issue a Purchase Order to RACOM to approve proceeding with the quoted services. 1.4 Insurance of Washington County – owned equipment 1.5 Other Exclusions: • Hardware, firmware and software upgrades that enhance the features beyond the version release purchased by Washington County. • Phone or remote lines. • Cosmetic damage to radio housing, accessory or cable. • Damage resulting from accident, misuse, abuse, neglect or theft. • Damage from liquids, battery corrosion or other chemicals. • Damage resulting from charging systems, jump-starting or power line voltage fluctuations. • Damage from lightning or other acts of nature. • Damage resulting from the repair or installation or the attempted repair or installation by anyone other than RACOM. 2.0 Specialized Site Access On-site response times are based on the assumption that the site is accessible by normal transportation methods and vehicles. On-site response time requirements exclude site locations that require extensive drive time due to traffic conditions or site locations where specialized vehicles (snowcat, helicopter, etc) are required. In addition, Customer is responsible to ensure that *critIcal communications RACO/11 Page 14 of 15 all necessary clearances, escorts, or other special requirements have been met in advance to allow technicians prompt access to any equipment requiring service that may be located in a secured or limited access area of the Customer's facilities. 3.0 Equipment Lists All services provided under this Agreement are only applicable to the land mobile radio products and systems sold and provided by RACOM to Customer and referenced in Addendum II to this Agreement. Customer may add or delete equipment items to the list of maintained equipment by notifying RACOM in writing. As additional items are purchased from RACOM they will be added to this Agreement on an annual basis. Any changes to this Agreement will be through an Amendment document completed by RACOM and provided for review, approval and signature. The Amendment document will provide revised equipment lists, revised pricing structure changes and any necessary changes to fully incorporate the additional items into the Agreement. 4.0 Transportation RACOM shall provide transportation in the form of conventional vehicles, including four-wheel drive if needed. Non -Conventional transportation is not included in this agreement. Should non -conventional transportation be required in the form of snowcat, snowmobile, helicopter, etc., Customer may provide such transportation or RACOM will provide as a Demand Service per the provisions of Section 2.4 and per pricing in Addendum I — Section C — Demand Service Rates. 5.0 incidental Calls for Service Calls for repair on contract equipment that have failed as a result of third party equipment or services are not covered under this contract. Example: phone circuits that are used to control remote base stations. This is limited to preliminary diagnostics of the problem. At the customer's request RACOM will contact the third party provider and explain the problem. 6.0 Limit of Repairs No single repair to equipment shall exceed the value of that equipment. RACOM will make every reasonable attempt to make repairs to older equipment, however, obsolete parts may not be available from the manufacturer or prohibitively expensive. *critIcal communications RACO/11 Page 15 of 15 EBR 1972 2.22RACOM YE A' March 14, 2022 Dan Striegel Iowa City Public Works 1200 S Riverside Drive Iowa City, IA 52246 critical communications Re: P25 Subscriber Radio Purchase Mr. Striegel: RACOM Corporation provided the City of Iowa City a copy of a Washington County's P25 Radio Project Contract that was competitively bid in 2018. RACOM was awarded the project and a contract was executed with the County on 7-25-18. This contract contains an Exhibit that authorizes all political subdivisions within the State of Iowa to purchase off the contract (see Exhibit D). Page 35 of 61 of the contract states that all Harris radios can be purchased under the contract at 25% off list price. The intent of this offering was to extend to all political subdivisions in Iowa the ability to purchase radios listed on the contract, as well as any new models released over the 10 -year duration of the contract at this contract discount level. Regards, 4),v p• Diana Richardson RACOM Corp. / Business Development Manager Cc: Eric Goers, City Attoryney RACOM Corporation 201 West State Street, Marshalltown, IA 50185 Prepared by: Dan Striegel, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52246 (319) 356-5197 Resolution No. 22-59 Resolution authorizing the procurement of Harris P25 two-way radios for City non-public safety radio communications Whereas, the City non-public safety radio system is budgeted for replacement in the 2022 Capital Improvement Plan; and Whereas, Radio System Purchase Contract between RACOM Corporation and Washington County, IA dated July 24, 2018 will be utilized for the procurement of the P25 radios; and Whereas, the total purchase price of the radios with service plan is not to exceed $760,000.00; and Whereas, the amount exceeds the City Manager's spending authority of $150,000, thus requiring City Council approval; and Whereas, funds for this purchase are available in CIP Project P3987; and Whereas, approval of this procurement is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The proposed procurement as described above is approved. 2. The City Manager is authorized to take the steps necessary to make the purchase and approve any change orders that may develop during implementation. Passed and approved this 22nd Attest: day of March , 2022. NS -di Approved by v City Attor y's Office - 03/17/22 Resolution No. 22-59 Page 2 It was moved by Weiner and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus X Harmsen X Taylor x Teague x Thomas x Weiner Item Number: 7.e. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT March 22, 2022 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 Stanley Consultants, Inc. to provide engineering consultant services for the 2022 Sanitary Sewer Rehabilitation and Repairs Project. Prepared By: Joe Welter, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $102,450 available in Account #V3101 Annual Sewer Main Replacement Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Executive Summary: This agenda item approves the consultant agreement with Stanley Consultants, Inc. of Muscatine, Iowa for the preliminary design, final design, preparation of bidding documents, permitting, bidding assistance, and construction services on the 2022 Sanitary Sewer Rehabilitation and Repairs Project. Background /Analysis: This annual project identifies needed rehabilitation and repairs of the sanitary sewer collection system throughout the City. The rehabilitation of the sanitary sewer collection system is done through lining of pipes and manholes. Approximately 11,400 feet of sewer pipes and 49 manholes have been identified for lining in this project. For 2022, spot repairs of the sanitary sewer collection system include adding four new manholes, replacing four manholes, and repairing pipe at four locations. The rehabilitation and repairs are at various locations within the City and all but two are in public right-of-way. The work will be organized into three construction contracts: • Contract 1 — 2022 Sanitary Sewer Manhole and Pipe Rehabilitation Project • Contract 2 — 2022 Sanitary Sewer Repair Project • Contract 3 — 2022-2023 Sanitary Sewer Repairs — Bancroft/Russell Drives and Mclean/Lee Streets Project, which will require property acquisition ATTACHMENTS: Description Resolution Agreement i) ced Prepared by: Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240, (319) 356-5144 Resolution No. 22-60 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 Stanley Consultants, Inc. to provide engineering consultant services for the 2022 Sanitary Sewer Rehabilitation and Repairs Project Whereas, the City desires to conduct three sanitary sewer projects, including the annual rehabilitation of certain portions of sanitary sewer collection system through lining of pipes and manholes, repair certain portions of the sanitary sewer collection system, and the addition of new or replacement of certain manholes; and Whereas, the City desires the services of a consulting firm to provide preliminary design, final design, preparation of a project manual for bidding, bidding assistance, and construction services for these 2022 Sanitary Sewer Rehabilitation and Repairs Projects, and; Whereas, Consultant's work shall result in three (3) construction contracts: • Contract 1 — 2022 Sanitary Sewer Manhole and Pipe Rehabilitation Project • Contract 2 — 2022 Sanitary Sewer Repairs Project • Contract 3 — 2022-2023 Sanitary Sewer Repairs — Bancroft/Russell Drives and McLean/Lee Streets Project, which will require property acquisition Whereas, the City issued a Request for Qualifications, On -Call Professional Design and Engineering Services (2020-2022), May 1, 2020, to private consulting firms interested in providing design and engineering services related to public improvement projects in the City of Iowa City, and; Whereas, submittals were received from consulting firms and evaluated by a selection committee, and; Whereas, Consultant was selected based on qualifications, key personnel, project approach, and fees and rates, and; Whereas, it is in the public interest to enter into said Consultant Agreement with Consultant; and Whereas, funds are available in the Annual Sewer Main Replacement Project, Account Number V3101. 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. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Resolution No. Page 2 22-60 Passed and approved this 22nca day of Marrh Attest: It was moved by Weiner adopted, and upon roll call there were: Ayes: x X , 2022 i / )1c'" Approved by City AttorneOffice — 03/16/22 and seconded by Taylor the Resolution be Nays: Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner Consultant Agreement This Agreement, made and entered into this 22nd day of March 2022 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Stanley Consultants, Inc., of Muscatine, Iowa, hereinafter referred to as the Consultant. Whereas, the City desires to conduct three sanitary sewer projects, including the annual rehabilitation of certain portions of sanitary sewer collection system through lining of pipes and manholes, repair certain portions of the sanitary sewer collection system, and the addition of new or replacement of certain manholes; and Whereas, the City desires the services of a consulting firm to provide preliminary design, final design, preparation of a project manual for bidding, bidding assistance, and construction services for these 2022 Sanitary Sewer Rehabilitation and Repairs Projects, and; Whereas, Consultant's work shall result in three (3) construction contracts: • Contract 1 — 2022 Sanitary Sewer Manhole and Pipe Rehabilitation Project • Contract 2 — 2022 Sanitary Sewer Repairs Project • Contract 3 — 2022-2023 Sanitary Sewer Repairs — Bancroft/Russell Drives and Mclean/Lee Streets Project, which will require property acquisition Whereas, the City issued a Request for Qualifications, On -Call Professional Design and Engineering Services (2020-2022), May 1, 2020, to private consulting firms interested in providing design and engineering services related to public improvement projects in the City of Iowa City, and; Whereas, submittals were received from consulting firms and evaluated by a selection committee, and; Whereas, Consultant was selected based on qualifications, key personnel, project approach, and fees and rates, and; Whereas, it is in the public interest to enter into said Consultant Agreement with Consultant; and Whereas, funds are available in the Annual Sewer Main Replacement Project, Account Number V3101. Now Therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. Project Management and Communications 1. Organize and attend project meetings as identified herein, communicate, provide agenda, record and distribute meeting notes to the members of the project team, and report progress to the City on a monthly basis for the duration of the Project. -2- 2. Coordinate with City staff throughout the Project. 3. Assist the City with preparing, submitting, acquiring and closing -out permits required by authorities, including other City departments, having jurisdiction over the Project. 4. Establish an electronic sharing folder for the project team to access electronic documents, drawings, and reports. 5. Manage project including coordinate project team activities, internal meetings, monitor project schedule and budget, administer professional services contract, prepare and review invoices. 6. Perform quality control by experienced reviewers throughout the project phases. 7. Contract and manage subconsultant (surveyor). B. Design Phase 1. Organize kickoff meeting and site visit with City to introduce key staff, establish communications, discuss schedule, and design objectives, discuss early design concepts, and examine pertinent point repair sites. Prepare and distribute electronic meeting notes. In the event, in-person kickoff meeting cannot be performed due to COVID-19 travel restrictions or City facility restrictions, the kickoff will be performed virtually. 2. Review City -provided sewer tapes and manhole photographs for proposed sewer lining and point repairs to confirm City -proposed solutions. 3. Obtain maps of impacted utilities from utility owners. 4. Request One -Call design locates of impacted utilities and field measure or survey the located utilities. 5. Conduct up to two (2) additional site visits to gather supplemental information and view the sites and collect supplemental field measurements. 6. Conduct courthouse research for potential recorded easements at the two repair locations for Contract 3 (Bancroft/Russell Drives and Mclean/Lee Streets). 7. Survey the two point repair sites (Contract 3 — BancrofURussell Drives and Mclean/Lee Streets) for surface features, property boundaries, and utility locates. Survey will use the Iowa State Plane South Coordinate System 8. Prepare exhibits depicting proposed temporary easements and extent of disturbances for property owner discussions (Contract 3 — Bancroft/Russell Drives and Mclean/Lee Streets). 9. Meet City and property owners at two point repair sites (Contract 3 — Bancroft/Russell Drives and Mclean/Lee Streets) to discuss concepts, access, and proposed easement boundaries in up to three distinct meetings. -3- 10. Based on site meetings, adjust easement boundaries and prepare preliminary property plat exhibits for the two point repair sites (Contract 3 — Bancroft/Russell Drives and Mclean/Lee Streets) including any recorded easements and proposed temporary easements. Plats will be developed for up to 12 property owners. 11. Prepare 60% plans and specifications for each of the three (3) contracts. a. Aerial background and tables will be used to describe the Contract 1 lining work. Existing utility lines (water, gas, communications, etc) will not be shown. b. GIS/CAD background supplemented with approximate locations of existing utilities will be used for the Contract 2 point repair locations. c. GIS/CAD background supplemented with surveyed features will be used for the Contract 3 point repair locations. 12. Design documents shall utilize Iowa City bidding front ends, the Iowa Statewide Urban Design and Specifications (SUDAS) Standard Specifications, SUDAS General Supplemental Specifications, and the Iowa City Supplemental Specifications. 13. Prepare construction cost estimates for each of the three contracts based on the developed 60% documents. 14. Submit 60% plans, specifications, and construction cost estimates for each of the three (3) contracts to City for review. Provide drawings and technical specifications in electronic pdf format files to City for review and comment. Full scaled drawings will be 11x17 or 8.5x11 sizes. 15. Meet virtually with City to review 60% design documents and discuss concerns and comments; prepare electronic meeting notes. Contract 3 60% review is anticipated to be held in conjunction with the 90% review meeting for Contracts 1 and 2. 16. Assist City with conducting a virtual Public Information Meeting for the two point repairs in Contract 3. Consultant will prepare presentation exhibits for the virtual meeting and prepare electronic meeting notes. Consultant will participate in the meeting presenting and responding to questions. 17. Revise 60% design documents based on City review comments. 18. Submit 90% plans, specifications, and updated construction cost estimates for the three (3) contracts to City for review. Drawings (full scale at either 11x17 or 8.5x11) and technical specifications in electronic pdf format files will be provided to City for review and comments. 19. Meet virtually with City to review 90% design documents and discuss concerns and comments; prepare electronic meeting notes. Two separate virtual review meetings are anticipated — one for Contracts 1 and 2 and one for Contract 3. 20. Revise 90% design documents as necessary. -4- 21. Submit 100% final plans, specifications, and final construction cost estimate for each of the three (3) contracts. Provide two hard copies of complete project manual including front ends, plans (full scale at either 11x17 or 8.5x11), and special provisions along with a single electronic pdf format to City. C. Bidding Phase 1. Prepare and submit electronic Bidding Documents for the three (3) contracts to the City for reproduction and distribution. 2. Answer bidder questions referred and provide clarifications as necessary during the bidding period. Prepare and issue necessary addenda prior to bid opening. D. Construction Phase 1. Respond to up to seven (7) field questions/Requests for Information (RFIs). 2. Meet on site up to two (2) times to assist in resolving unexpected issues. Consultant will prepare and issue electronic trip reports documenting the site visits. 3. Review electronic shop drawing submittals within Info Tech, Doc Express. 4. When the Project is completed, the Consultant shall prepare and provide a full set of as -constructed Record Drawings based on changes to the Contract Documents and Contractor mark-ups, (estimated at 12 graphics hours) as follows: a. One complete set of as -constructed Record Drawings shall be provided in portable document format (pdf). b. CAD files of the Record Drawings shall be in version of Autodesk AutoCAD mutually agreeable to City and Consultant and shall include the following: 1. If the files(s) have been translated from another CAD application, it should be noted as such. 2. Each plan sheet should be complete and ready to print. 3. Plot Style file shall be included. 4. If applicable, include all file types used in the plan set; these may include, but not be limited to, linked attachments such as images, spreadsheets, and external reference drawings. Do not include any project data files or other documents not contained within the plan set. If necessary, include a "Readme" document or any clarification that may be required. 5. All submittals shall include an explanation of the Consultant's CAD layer scheme. 6. All drawing files shall have the correct layer scheme in place. -5 - II. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Achievement of anticipated schedule is dependent upon City performing its activities and responsibilities in a timely fashion. Schedule will be adjusted in the event City activities take longer than anticipated. Construction Contracts 1 & 2 Design Phase April — May 2022 Bidding Phase June — July 2022 Construction Phase August — November 2022 Construction Contract 3 Design Phase April — June 2022 Real Estate Acquisition completed (based on 6 months from completion of design phase) December 15, 2022 Finalize Design January 2023 Bidding Phase January — March 2023 Construction Phase March — June 30, 2023 III. Compensation for Services Compensation shall be based on the rates and fees shown on the attachment. The total cost of services shall not exceed $102,450. IV. General Terms A. The 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, gender identity, or sexual orientation. 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, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "not -to -exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. -6- 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 is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. 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 City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project 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 contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, -7 - either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. 0. Indemnification 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance 1. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. -8 Q. Standard of Care 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the Cites, For the Consultant eve‘ By: By: Title: mayor Title: Water Market Leader Date: March 22, 2022 Date: March 15, 2022 Attest: 1:e 0 Appr,-"i by' City Attor ey's Office Date Item Number: 7.f. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT March 22, 2022 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Chadek Green, Whispering Meadows & Court Hill Parks Improvements Project. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Juli Seydell Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $769,473.00 available in Chadek Green Park Playground and Shelter account #R4350, Whispering Meadows Park Ecological Restoration & Park Improvements account #R4357, and Court Hill Park Shelter & Playground Replacement account #R4368 Recommendations: Staff: Approval Commission: These projects were prioritized by the 2017 Park Master Plan and were recommended by the Parks and Recreation Commission during their November 10, 2022 meeting. Attachments: Resolution Executive Summary: This agenda item awards the construction contract for the Chadek Green, Whispering Meadows & Court Hill Parks Improvements Project to McComas-Lacina Construction of Iowa City, Iowa. The engineer's estimate of cost for construction of the base bid was $820,000.00. Two (2) responsive bids were received prior to the March 16, 2022 bid letting: Company Base Bid Bid Alt 1 Bid Alt 2 Bid Alt 3 McComas-Lacina Const. $ 755,943.00 $ 13,530.00 $ 66,384.00 $ 36,622.00 All American Concrete $ 942,369.00 $ 17,000.00 $ 67,150.00 $ 42,780.00 Peak Construction Non -Responsive Based on the bids received, staff recommends awarding the base bid ($755,943.00) and Bid Alternate #1 ($13,530.00) to McComas-Lacina Construction for a total of $769,473.00. Background /Analysis: The Base Bid includes the following items: • New restroom, water hydrants for the community gardens, a handicap accessible parking lot, sidewalk infill along Friendship Street and a pad for pre -purchased playground equipment at Chadek Green Park • New pad for a pre -purchased "pocket park" playground at Whispering Meadows Park • New pad for a pre -purchased playground, a replacement shelter and new accessible paths between park features at Court Hill Park. The following bid alternates were also included: • Bid Alternate 1 includes sidewalks for the community gardens at Chadek Green Park. • Bid Alternate 2 includes a shelter and associated pavement at Chadek Green Park. • Bid Alternate 3 includes a shelter and associated pavement at Whispering Meadows Park. ATTACHMENTS: Description Resolution Prepared by: Ben Clark, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5436 Resolution No. 22-61 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Chadek Green, Whispering Meadows & Court Hill Parks Improvements Project Whereas, McComas-Lacina Construction of Iowa City, Iowa has submitted the lowest responsible bid of $769,473.00 for construction of the above-named project; and Whereas, the bid includes the Base Bid and Bid Alternate #1; and Whereas, funds for this project are available in the available in Chadek Green Park Playground and Shelter account #R4350, Whispering Meadows Park Ecological Restoration & Park Improvements account #R4357, and Court Hill Park Shelter & Playground Replacement account #R4368; and Whereas, the City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in 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 for the Base Bid plus Alternate #1 is hereby awarded to McComas-Lacina Construction, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign the contract for construction of the above-named project and the Contractor's Bond, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 22nd Attest: March It was moved by Weiner adopted, and upon roll call there were: Ayes: , 2022 ApproveOEby G City Attomey' Office — 03/17/22 and seconded by Taylor the Resolution be Nays: Absent: X Alter X Bergus x Harmsen X Taylor X Teague x Thomas X Weiner Item Number: 7.g. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT March 22, 2022 Resolution accepting the work for the 2019-2020 Sanitary Sewer Repairs Project. Prepared By: Joe Welter, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: Construction of the 2019-2020 Sanitary Sewer Repairs Construction Project has been completed by Lynch's Excavating, Inc. of West Branch, Iowa, in substantial accordance with the Project Manual developed by the City of Iowa City Engineering Division. The Engineer's Report and Performance, Payment, and Maintenance Bonds have been filed in the City Engineer's Office. • Project Estimated Cost: • Project Bid Received: • Project Actual Cost: $138,000.00 $135,943.10 $160,680.53 Four (4) change orders occurred on this project, including an additional repair location, additional work due to conditions discovered in the field and other related work. Background /Analysis: This project included replacement and repair of sanitary sewer pipes and manholes, as well as reconnection of sanitary sewer services, at nine locations across the City of Iowa City. By accepting the work, the City does not waive its other rights under the contract, including the City's right to demand a defense and indemnification by Lynch Excavating, Inc. as provided under the contract. ATTACHMENTS: Description Engineer's Report Resolution ENGINEER'S REPORT March 14, 2022 City Council Iowa City, Iowa CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org Re: 2019-2020 Annual Sanitary Sewer Repairs Construction Project Dear City Council: I hereby certify that the 2019-2020 Annual Sanitary Sewer Repairs Construction Project has been completed by Lynch's Excavating, Inc. of West Branch, Iowa, in substantial accordance with the Project Manual developed by the City of Iowa City Engineering Division. The project was bid as a unit price contract and the final contract price is $160,680.53. There were four (4) change orders on this project, as follows: 1. Addition of another repair location at 15 Ridgewood Lane ($7,973.00). 2. Extra pavement removal and replacement at Kirkwood Avenue Repair Location ($4,243.50). 3, Deeper than anticipated repair needed at the East Jefferson Street Repair Location ($6,753.80). 4. Adjustment for final quantities ($5,767.13). Total Cost Difference for Change Orders: $24,737.43 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, PE City Engineer Prepared by: Joe Welter, Engineering Division, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 22-62 Resolution accepting the work for the 2019-2020 Sanitary Sewer Repairs Project Whereas, the Engineering Division has recommended that the work for construction of the 2019- 2020 Sanitary Sewer Repairs Construction Project, as included in a contract between the City of Iowa City and Lynch's Excavating, Inc. of West Branch, Iowa, dated November 4, 2020, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's Office; and Whereas, funds for this project are available in Annual Sewer Main Replacement, Account Number V3101; and Whereas, the final contract price is $160,680.53; and Whereas, by accepting the work, the City does not waive its other rights under the contract, including the City's right to demand a defense and indemnification by Lynch Excavating, Inc. as provided under the contract. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 22nd Attest: day of March r It was moved by Weiner adopted, and upon roll call there were: ,2022 Approved by City Attorq y's Office (Liz Craig - 03/15/22) and seconded by TayLor the Resolution be Ayes: Nays: Absent: X Alter X Bergus X Harmsen Taylor X Teague X Thomas X Weiner Item Number: 7.h. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT March 22, 2022 Resolution accepting the work for the Asphalt Resurfacing 2020 Project. Prepared By: Marri VanDyke, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: The project has been completed by L.L. Pelling Company of North Liberty, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bond are on file with the City Clerk. • Project Estimated Cost: $ 2,150,000.00 • Project Bid Received: $ 2,139,753.78 • Project Actual Cost: $ 2,251,201.88 There were two (2) change orders on the project that included manhole adjustments, intake throat replacements, addition of a pedestrian refuge island, additional pavement patching items and other related work. Background /Analysis: The Asphalt Resurfacing 2020 Project included work at the following locations: Street Milling and 3 -inch Asphalt Overlay North Gilbert Street from Church Street to market Street South Dodge Street from Burlington Street to Bowery Street Muscatine Avenue from Court Street to 2nd Avenue Hollywood Boulevard from Taylor Drive to Sycamore Street Benton Street and Miller Ave Intersection Pavement Markings with New Bicycle Facilities Dodge Street buffered bike lane from Burlington Street to Bowery Street Dodge Street 4 -lane to 3 -lane conversion with bike lanes from Bowery Street to Kirkwood Avenue Muscatine Avenue bike lanes from Iowa Ave to Court Street Muscatine Avenue sharrows from Court Street to 2nd Avenue A pedestrian refuge island was also included on Muscatine Avenue at the Court Hill Trail crossing adjacent to James Alan McPherson Park. ATTACHMENTS: Description Engineer's Report Resolution ENGINEER'S REPORT March 14, 2022 City Clerk Iowa City, Iowa RE: Asphalt Resurfacing 2020 Project f r I al te.:.®,�' CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org Dear City Clerk: I hereby certify that the Asphalt Resurfacing 2020 Project has been completed by L.L. Felling Company, of North Liberty, Iowa, in substantial accordance with the plans and specifications prepared by the City of Iowa City Engineering Division. The project was bid as a unit price contract and the final contract price is $2,251,201.88. There was a total of (2) change orders for the project as described below: 1.) Add major manhole adjustments, intake throat $63,225.50 replacements, and new surface patching items 2.) Add pedestrian refuge island on Muscatine Avenue, $91,825.98 slip form curb and gutter on Bloomington Street, and adjust existing quantities Total $155,051.48 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Marri VanDyke, Engineering Division, Public Works, 410 E. Washington Si, Iowa City, IA 52240 (319) 356-5044 Resolution No. 22-63 Resolution accepting the work for the Asphalt Resurfacing 2020 Project Whereas, the Engineering Division has recommended that the work for construction of the Asphalt Resurfacing 2020 Project, as included in a contract between the City of Iowa City and L.L. Pelling Company of North Liberty, Iowa, dated August 20, 2021, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Annual Pavement Rehabilitation account #S3824; and Whereas, the final contract price is $ 2,251,201.88. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 22nd day of March , 2022 Attest: City erk r. It was moved by Weiner Approved by City Attorng9's Office (Liz Craig — 03/14/22) and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter X Bergus Harmsen X Taylor X Teague X Thomas X Weiner X Item Number: 7.i. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT March 22, 2022 Resolution accepting the work for the Fuel Facility DEF System Project. Prepared By: Melissa Clow, Special Projects Administrator Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: This project has been completed by All American Concrete, Inc. of West Liberty, Iowa in substantial accordance with the plans and specifications. The Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office. • Project Estimated Cost: $ 87,000.00 • Project Bid Received: $ 71,900.00 • Project Actual Cost: $ 71,900.00 Background /Analysis: This project included the installation of a 750 -gallon DEF Dispenser System at the Iowa City Public Works Fuel Facility, located at 520 McCollister Blvd. Work included grading, installation of a PCC structural pad and bollards, as well as installation of a commercial DEF Dispenser and FuelMaster Pedestal with electrical and network connections. ATTACHMENTS: Description Engineer's Report Resolution ""1611da. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org ENGINEER'S REPORT February 14, 2022 City Council Iowa City, Iowa Re: Fuel Facility DEF System Project Dear City Council: I hereby certify that the Fuel Facility DEF System Project has been completed by All American Concrete, Inc. of West Liberty, Iowa in substantial accordance with the plans and specifications prepared by Shive-Hattery, Inc. of Iowa City, Iowa. The project was bid as a lump sum contract and the final contract price is $71,900. There were no change or extra work orders for the project. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, PE City Engineer Prepared by: Melissa Clow, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5413 Resolution No. 22-64 Resolution accepting the work for the Fuel Facility DEF System Project Whereas, the Engineering Division has recommended that the work for construction of the Fuel Facility DEF System Project, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated October 13, 2021, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Equipment Contracted Improvements account #81710510; and Whereas, the final contract price is $71,900. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 22nd day of March , 2022 It was moved by Weiner adopted, and upon roll call there were: Approved by City Attorndy's Office (Liz Craig - 03/11/22) and seconded by Taylor the Resolution be Ayes: Nays: Absent: X Alter X Bergus Harmsen X Taylor X Teague X Thomas X Weiner x , 1 �'=�+�T� COUNCIL ACTION REPORT Item Number: 7.j. CITY OF IOWA CITY March 22, 2022 Resolution authorizing the City Manager to sign an amendment to the off-site parking agreement with Plaza Towers, L.L.C. and for the City Manager to negotiate and execute future amendments to the number of parking permits. Prepared By: Reviewed By: Fiscal Impact: Recommendations: Attachments: Jennifer L. Schwickerath, Assistant City Attorney Redmond Jones I I, Deputy City Manager Darian Nagle-Gamm, Transportation Director Mark Rummel, Transportation Associate Director The amendment will reduce annual revenue to the Parking fund by $4,260. Staff: Approval Commission: N/A Resolution Amendment No. 1 to the Off -Site Parking Agreement Executive Summary: This resolution authorizes an amendment to the parking agreement between the City of Iowa City and Plaza Towers, L.L.C. allowing for a reduction in the number of parking permits for the use and benefit of hotel patrons at the hotel operator's expense. The current number of 25 permits, which equates to 210,000 hours of validated parking, would be reduced to 20.83 permits, which will equate to 175,000 hours of validated parking. In addition, the resolution would allow the City Manager, with the advice and consent of the City Attorney, to negotiate and execute future amendments to the number of parking permits without further approval by Council. Background /Analysis: The parking will be valid in City owned parking ramps and charged at the current permit market rate. No spaces will be designated for this specific use. The Transportation Services Department has developed a validation system that will allow the hotel to validate parking ramp tickets for registered guests. The allocation of 20.83 permits will equate to the purchase of 175,000 hours of validated parking per year. This agreement is in line with similar City of Iowa City hotel parking agreements. ATTACHMENTS: Description Resolution Amendment to Agreement 1111 111111111111111111 Wu 11 VII 111 II 1111111111 11 Doc ID 031876190005 Type GEN Kind RESOLUTION Recorded: 06/10/2022 at 10:35:19 AM Fee Amt: $27.00 Pane 1 of 5 Johnson County Iowa Kim Painter County Recorder EK5388 PG318-322 STATE OF IOWA ) ) SS JOHNSON COUNTY 00 City O 64. I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 22-65 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of March 2022, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 8th day of June 2022. Kellie Fruehling City Clerk fres 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: J. Schwickerath, Asst, City Attorney, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5030 Resolution No. 22-65 Resolution authorizing the City Manager to sign an amendment to the off-site parking agreement with Plaza Towers, L.L.C. and for the City Manager to negotiate and execute future amendments to the number of parking permits. Whereas, an Off -Site Parking Agreement between the City of Iowa City and Plaza Towers, L.L.C. was executed on June 30, 2003 for the purchase of parking permits for use by registered hotel patrons in City owned parking ramps; and Whereas, said agreement provides for 25 parking permits for hotel patrons, which equates to 210,000 annual hours of validated parking per year; and Whereas, Plaza Towers, L.L.C. has requested an amendment to decrease the number of parking permits for hotel patrons from 25 parking permits, which equates to 210,000 annual hours of validated parking per year, to 20.83 parking permits, which equates to 175,000 annual hours of validated parking per year. Whereas, Staff has considered the parking needs in City owned parking ramps and has determined that this reduction is appropriate, and thus recommends approval. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that; 1. The City Manager is hereby authorized to execute the attached Amendment No. 1 to the Off -Site Parking Agreement. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and above -referenced Agreement and to record the same in the Johnson County Recorder's Office. 3. The City Manager, with the advice and consent of the City Attorney, is authorized to negotiate and execute any future amendments to the number of parking permits without City Council approval. 4. The City Clerk is authorized and directed to record any future amendments to this Off -Site Parking Agreement in the Johnson County Recorder's Office. Passed and approved this 29nd Attes day of Marr_h Kellie K. Fruehling, ty Clerk , 2022. Teague, Ma r— 9 or y Approved by City Attorne Office (Jennifer Schwickerath - 03/16/22) Resolution No. 22-65 YUe T' It was moved by Weiner adopted, and upon roll call there were: and seconded by Taylor Ayes: Nays: Absent: Alter Bergus x Harmsen Taylor Teague Thomas Weiner the Resolution be AMENDMENT NO. 1 TO THE OFF-SITE PARKING AGREEMENT by and between CITY OF IOWA CITY — PLAZA TOWERS, L.L.C. This Amendment No. 1 to the June 30, 2003 Off -Site Parking Agreement by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as City, and Plaza Towers, L.L.C., a limited liability corporation organized under the laws of the State of Iowa, hereinafter referred to as Plaza Towers, is entered into this 22nd day of March , 2022. Whereas, the City and Plaza Towers entered into the above-described agreement, recorded in Book 3658, Page 446 in the records of the Johnson County, Iowa, Recorder, whereby the City agreed to sell 25 permits to Plaza Towers for use in any of the City -owned parking ramps by hotel tenants patronizing the hotel located on Lot 1(a) of Block 64, Iowa City, Iowa, now known as the Hotel Vetro. Whereas, the demand for parking has been less than anticipated by Plaza Towers, so it has requested a reduction in its obligation to buy parking permits from 25 to 20.83; and Whereas, the City finds this requested amendment to be in the public interest. Now Therefore, the Agreement is hereby amended as follows: 1. Exhibit G.1 shall be amended to reduce the number of parking permits the City agrees to allocate to Plaza Towers from 25, which equates to 210,000 hours of validated parking per year, to 20.83, which equates to 175,000 hours of validated parking per year. 2. Unless specifically amended herein, all other terms and provisions of the Agreement remain in full force and effect. Dated at Iowa City, Iowa, on the date given above. CITY OF IOWA CITY OWA By: Geoff Fr n, City Manager ATTEST: Kel le K. Frueh ing City Clerk PLAZA Ti.. ERS, L.L.C. By: Marc B. Moen, President By: Michael Moen, Secretary STATE OF IOWA JOHNSON COUNTY ) ) ss: ) This record was acknowledged before me on this day of 1 ' )c& C C'-'1). , 2022, by Geoff Fruin and Kellie K. Fruehling, as City Manager and City Clerk, respectively, of the CITY OF IOWA CITY, IOWA. Notary PublK in and for th State of Iowa STATE OF IOWA JOHNSON COUNTY ) ) ss: ) On this `'t day of _�`� , 2022, before me, a notary public in and for the State of Iowa, pdrsonally appeared Marc B. Moen and Michael Moen to me personally known, who being by me duly sworn did say that they are the President and Secretary, respectively, of Plaza Towers, L.L.C., an Iowa limited liability company, and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said Marc B. Moen and Michael Moen acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Public in ana ror rn .atate of Iowa 4,410(` KATEUN ANN FROEUC#I Cordlike Mullesla= Item Number: 7.k. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT March 22, 2022 Resolution approving agreement by and between First Avenue Mini Mall, LLC and the City of Iowa City. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: The $41,214 grant will be funded by the Climate Action Fund. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Grant Agreement Executive Summary: First Avenue Mini Mall, LLC has applied for a grant for a project to install a 15.3 kW rooftop solar array to supply energy to its operation and to replace exterior lighting with 4 parking lot fixtures and 4 wall pack lighting fixtures with high efficiency LED fixtures. The total project cost is $90,981 and the 50% matching grant request, after federal tax credits for the solar array is $41,214. This project will be funded by the Climate Action Fund. Background /Analysis: First Avenue Mini Mall estimates that the solar array will produce 110% of the electricity required for its current operation, substantially reducing the need for electricity supplied by the local utility and creating a cost savings of $3,034 during the first full year of operation. The additional 10% generated will power the electric vehicle charging stations planned for installation in the near future. On August 6, 2019, the City Council declared a climate crisis for the City and accelerated the City's goals for carbon emission reduction to reach net -zero emissions by the year 2050. As a result of this declaration, the City Council accepted an action plan in their effort to accomplish this goal. The Emergency property tax levy is being utilized to enhance and support efforts to reduce carbon emissions city-wide and within City operations. The Emergency property tax levy is set at $.24 per $1,000 of valuation and is expected to generate over $1 million in revenue to be utilized to help the City meet its climate action goals; and Borrower is commercial user within the Sycamore & First Avenue Urban Renewal Area, and has applied for this assistance to fund improvements to its facilities that are anticipated to reduce its carbon emissions. The source of funds for this grant will come from the Climate Action Fund, as opposed to the TIF fund in the Sycamore and First Avenue Urban Renewal Area due to the Urban Renewal Plan energy efficiency project stipulating TI F funds be used for industrial users. ATTACHMENTS: Description Resolution Grant Agreement ou 111111111111111 1111111111111 111111 i u Doc ID' 031807580007 Type GEN Kind: AGREEMENT Recorded: 04/05/2022 at 10:30:34 AM Fee Amt: $37.00 Page 1 of 7 Johnson County Iowa Kim Painter County Recorder BK6359 PG238-244 SPATE OF IOWA ) ) SS JOHNSON COUNTY _rte® ir:* City of ilk I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 22-66 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of March 2022, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 1st day of April 2022. Kellie K. Fruehling City Clerk 41. \res 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 Resolution number 22-66 Resolution approving agreement by and between 1st Avenue Mini Mali, LLC, and the City of Iowa City. Whereas, the City adopted a Climate Action Plan in 2018, and an Accelerating Iowa City's Climate Actions report in 2020 that contemplates incentive financing to assist businesses located in three industrial urban renewal areas, in efforts to reduce carbon emissions; and Whereas, the City's Climate Action Plan and Climate Actions report incentives may be funded from the Emergency property tax levy; and Whereas, 1St Avenue Mini Mall, LLC (Borrower), a commercial user within the Sycamore and First Avenue Urban Renewal Area, has applied for this assistance to fund improvements to its facility that are anticipated to reduce its carbon emissions; and Whereas, the attached Energy Efficiency Grant Agreement (Agreement) has been negotiated by staff and executed by Borrower. Now, therefore, be it resolved, by the City Council of The City of Iowa City, Iowa: Section 1. That this Agreement by and between 1st Avenue Mini Mall, LLC and the City of Iowa City Iowa is in the public interest of the residents of Iowa City; and Section 2, That said Agreement is consistent with the Climate Action Plan goals; and Section 3. That the Mayor is authorized and directed to execute the Agreement in a form approved by the City attorney, and the City Clerk is authorized and directed to attest the signature and to affix the seal of the City Clerk; and Section 4. That the Mayor and the City Clerk be and are hereby authorized and directed to take all such actions and do all such things as they shall determine to be necessary or appropriate to ensure the City's performance as provided therein; and Section 5. That the City Clerk be directed to certify and record the resolution at 1st Avenue Mini Mall, LLC's expense; and Section 6. That the City Manager is hereby authorized to administer the terms of the Agreement. Passed and Approved this 22nd day of March , 2022. Resolution No. 22-66 Page 2, $4:1 r 01 / • y it �+ "/+. 'Atte st W, Ciflerk Approved: ,AL City Aney — 03/1 5122 It was moved by Weiner and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Harmsen Taylor x Teague X Thomas X Weiner Prepared by: Wendy Ford, Econ. Dev. Coordinator, 410 E. Washington St, Iowa City, IA 52240; 319-356-5248 Energy Efficiency Grant Agreement This Grant Agreement is hereby made by and between 1st Avenue Mini Mall, LLC (Borrower) 1705 15t Avenue, Iowa City, lowa 52240, and the City of lowa City, Iowa, a municipal corporation whose address is 410 East Washington Street, Iowa City, Iowa (City). Whereas, on August 6, 2019, the City Council declared a climate crisis for the City and accelerated the City's goals for carbon emission reduction to reach net -zero emissions by the year 2050. As a result of this declaration, the City Council has accepted an action plan in their effort to accomplish this goal. The Emergency property tax levy is being utilized to enhance and support efforts to reduce carbon emissions city-wide and within City operations. The Emergency property tax levy is set at $.24 per $1,000 of valuation and is expected to generate over $1 million in revenue to be utilized to help the City meet its climate action goals; and Whereas, Borrower, a commercial user within the Sycamore & First Avenue Renewal Area, has applied for this assistance to fund improvements to its facilities that are anticipated to reduce its carbon emissions; and Whereas Borrower obtained federal tax credits anticipated to cover 26% of the project; and Whereas the City is willing to assist Borrower in funding a portion of the actual project costs, less the value of federal tax credits, as further described below. Now, therefore, for the consideration described herein, the parties agree as follows: 1. Project: Borrower intends to install a 15.3 kW rooftop PV solar array to produce 110% of the electricity required for Borrower's operations at 1705 1St Avenue, legally described below, and new exterior lighting to replace 16 metal halide bollard lights with 4 parking lot fixtures and 4 wall pack lighting with high -efficiency LED fixtures by or before June 30, 2022. Additional electricity produced will be available for the future installation of electric vehicle charging capabilities. Borrower estimates the total construction costs will be $90,981, will reduce the need for electricity supplied by the local utility and create cost savings of $3,034 during the first full year of operation. Lots 3, 4, and the Southwesterly 43 feet of Lot 5 in the replat of a portion of Lot 3, Ohl's Subdivision to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 14, Page 46, Plat Records of Johnson County, Iowa, And also Commencing at the Southeast corner of Section 14, Township 79 North, Range 6 West of the 5th P.M., thence north 677.88 feet, thence south 68*55'30" west 1095.08 feet to the point of beginning; thence south 21"01'51" east 224.84 feet to the northwesterly right-of-way line of First Avenue, thence south 68*58'09" west 90.16 feet on said northwesterly right-of-way line of First Avenue, thence southwesterly 1100 feet on a 804.00 radius curve concave southeasterly, being on the said northwesterly right-of-way line of First Avenue, thence north 21*04'30" west 232.2 feet, thence north 68*55'30" east 200.00 feet to the point of beginning. 2. Energy Efficiency Grant: In the event Borrower timely completes the Project described above and provides the City with evidence of invoices paid to contractors for Construction Costs in amounts that are equal to or greater than $90,981, then the City shall grant Borrower $41,214, subject to the terms and conditions of this agreement. In no event shall the City's contribution toward this project exceed 50% of the total project cost after Federal Tax Credits, up to a maximum of $41,214 ("Principal Amount"). Should the project cost be Tess than the projected $90,981, the City's contribution will be limited to 50% of the actual Construction Costs after Federal Tax Credits. Construction Costs are defined as the cost for the equipment and installation of the equipment as detailed in the attached quote. 3. Source of Grant Funds Limited: Funds for this Energy Efficiency Grant shall come from the Climate Action Fund. 4. Maintenance, Operation and Reporting: Borrower agrees to construct, maintain, and operate the Project in excellent working condition in a manner consistent with the energy efficiencies described above for a period of three years. Borrower must submit to the City three (3) annual reports detailing the monthly energy usage and energy costs incurred for the above- described property compared to the monthly energy usage and energy costs incurred in the year before the Project was constructed. This comparison is material to the City's determination of whether the Project is being maintained and operated in accordance with this agreement. These reports shall be due annually on June 30. 5. Repayment Term: Borrower shall not be obligated to make payments toward the Principal Amount so long as Borrower satisfies the obligations described in Paragraphs 1 and 3 above. 6. Interest: No interest shall accrue on the Principal Amount during the term of this loan. 7. Release: The City shall forgive this Matching Grant on or about June 30, 2025, upon a determination made in its sole discretion that Borrower has satisfied the terms of this Agreement and issue a release to be recorded in the Johnson County Recorder's office at Borrower's expense. 8. Default and Remedy: If Borrower does not timely complete, maintain and operate the improvements as required herein, for three years from the completion of the Project, the Principal Amount shall be immediately due and payable 60 days after the City mails written notice to Borrower to cure the default at the address listed above and Borrower's failure to cure said default. The City reserves the right to pursue any other remedy available to it at law or equity to collect the amount then due. 9. Representations and Warranties: Borrower represents and warrants: (a) It is a company duly organized and validly existing under the laws of the State of Iowa and registered to do business in the State of Iowa and have all requisite power and authority to develop and construct the Project, to carry on their businesses as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement; (b) This Agreement has been duly and validly authorized, executed and delivered by the Owner and Borrower and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of Owner and Borrower enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally; (c) Borrower nor any person or entity with an ownership interest of more than 25% of Borrower have been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or willful violation of the lows Wage Payment Collection law, the lowa Minimum Wage Act, the Federal Fair Labor Standards Act or any comparable state statute or local ordinance, which governs the payment of wages in the last 5 years. 10. Contractor Labor Law Compliance: Borrower acknowledges that the City of Iowa City will not contract with nor provide any incentives to any person or entity who has participated in wage theft by violation of the lows Wage Payment Collection law, the Iowa Minimum Wage Act, the Federal Fair Labor Standards Act (FLSA) or any comparable state statute or local ordinance, which governs the payment of wages. Misclassification of employees as independent contractors is a violation of the FLSA and is included in the definition of wage theft. Borrower agrees that it will require, in any construction contract for the Project the following written provisions, proof of which must be provided to City prior to the start of construction: a) Agreement by the General Contractor to comply with all state, federal and local laws and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code; b) Agreement by the General Contractor to provide to the Borrower and the City no later than the filing of an application for issuance of a building permit, the names and addresses of each subcontractor and the dollar value of the work the subcontractor is expected to perform; c) Demonstration by the General Contractor that it has the capacity to meet all performance, and labor and material payment, bonding requirements relative to the Project. d) Providing to the City a certificate by the General Contractor's insurer that it has in force all insurance coverage required with respect to construction of the Project, including $1,000,000 Commercial General Liability Insurance and Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. e) Demonstration by the General Contractor that it has required all subcontractors to agree, in writing, that the subcontractor will comply with all state, federal and local laws and administrative rules and regulations, including, but not limited to the requirements of Iowa Code Chapter 91C (Contractor Registration with the Iowa Division of Labor), Iowa Code Chapter 91A (Iowa Wage Payment Collection Law), Iowa Code Chapter 91 D (Minimum Wage), the Federal Fair Labor Standards Act, and the Internal Revenue Code. 11. Indemnification: Borrower releases the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, "Indemnified Parties") from, covenant and agree that the Indemnified Parties shall not be liable for, and agree to indemnify, defend and hold harmless the Indemnified Parties against, any Toss or damage to property or any injury to or death of any person occurring at or about, or resulting from any defect in, the Project or the property described in Paragraph 1 above. 12. Covenant: This Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 13. Recording. This Agreement shall be recorded in the records of the Johnson County, Iowa, Recorder's Office at Borrower's expense. Agreed to on this S 3CUlay of `1\A 42022. cityBru ea : ember gue Mayor Attest: Kellie Fruehling, C' y Clerlc Approved by: City Attorney Office 4C64. CITY ACKNOWLEDGMENT STATE OF IOWA SS: JOHNSON COUNTY ) ' YW'Q' 2022, the undersigned, ry On this Z-� clay of (1 q before me,ned, a NotaPublic in and 9 for the State of Iowa, personally appeared ZaruCi-eat 5,as Mayor, and kel I i'e Fr ie h as City Clerk, of the City of Iowa City, Iowa. STATE OF 44,,L�- COUNTY OFn�, 4024,a-a Notary Public in and for the State of Iowa My commission expires: BORROWER ACKNOWLEDGEMENT )SS ) This instrument was acknowledged before me on this Tv day of ft4/4". , 2022, by Pe -k( bot, , as of 1st Avenue Mini Mall, LLC. rot,a Notary Public in and for the State of Iowa ommission expires: ��3``'y PAMELA MOORE My Commission Number 810187 My Commission Expires Item Number: 7.1. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT March 22, 2022 Resolution accepting the dedication of Outlot 1, Walden Hills, Johnson County, Iowa, subject to easement and maintenance agreements. Prepared By: Sara Hektoen, Asst. City Attorney Eric R. Goers, City Attorney Reviewed By: Fiscal Impact: Eric Goers, City Attorney No impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Upon final platting of the Walden Hills subdivision, the owner agreed to dedicate to the City Outlot 1 for neighborhood open space. This resolution accepts that dedication, subject to easements for two retaining walls installed during construction of two adjacent single-family homes. Background /Analysis: In the course of constructing two adjacent single-family homes, two retaining walls were installed within Outlot 1. Because these retaining walls are necessary to the stability of the homes, Staff finds it reasonable to accept ownership of the outlot subject to easements allowing the retaining walls to remain on the outlot and imposing maintenance and insurance requirements on the subject property owners. All other conditions precedent to acceptance of the outlot have been satisfied. Parks and Rec is prepared to take over maintenance of this open space. ATTACHMENTS: Description Resolution STATE OF IOWA JOHNSON COUNTY Fec IIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIII Doc ID 031857330003 Type: Kind RESOLUTION Recorded: 05/24/2022 at 11:41:01 AM Fee Amt: $17.00 Page 1 of 3 Johnson Count', Iowa KimPainter County Recorder BK6380 PG9O-92 ) ) SS ) Ph ,rte Crty of 4 CCV I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 22-67 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of March 2022, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 20th day of May 2022. 04_,a Kellie K. Fruehling City Clerk \res 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 22-67 Resolution accepting the dedication of Outlot 1, Walden Hills, Johnson County, Iowa, subject to easement and maintenance agreements. Whereas, pursuant to the subdivider's agreement for Walden Hills subdivision, recorded in Book 2303, Page 273, in the records of the Johnson County, Iowa Recorder, the developer agreed to dedicate to the City Outlot 1 in satisfaction of its neighborhood open space requirements upon the occurrence of certain conditions defined in said subdivider's agreement; and Whereas, the conditions have been satisfied and thus it is appropriate for the City to accept ownership and maintenance thereof; Whereas, when adjacent Lots 15 and 16 where developed, however, it was necessary to install retaining walls on portions of Outlot 1 to support single-family homes; Whereas, this dedication, therefore, should be subject to the terms and conditions of an easement and maintenance agreement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The dedication of Outlot 1, Walden Hills according to the plat thereof recorded in Book 38, Page 13, Plat records of Johnson County, Iowa, in the form of a warranty deed subject to easement and maintenance agreements in forms approved by the City Attorney's Office, is hereby accepted, approved and authorized. 2. Upon direction of the City Attorney, the City Clerk shall record any and all documentation necessary to effectuate this transfer in the Johnson County Recorder's office at Crossing Land, LLC's expense. Passed and approved this 22nd ATTEST: CITY CLERK day ofj,,tAtt_e_ rch l OR , 2021. Approved by City Attorney : • ice -- . 3117122 Resolution No. 22-67 Page 2 It was moved by Weiner and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus X Harmsen x Taylor x Teague x Thomas X Weiner Item Number: 8.a. 1 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT March 22, 2022 Resolution setting a public hearing on April 5, 2022 on project manual and estimate of cost for the construction of the Asphalt Resurfacing 2022 Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Marri VanDyke, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $1,470,000 available in the Annual Pavement Rehabilitation, account #S3824 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This item begins the bidding process for the Asphalt Resurfacing 2022 Project, which is a recurring maintenance project that concentrates on asphalt resurfacing and chip sealing various streets throughout Iowa City. In addition to resurfacing, this project includes storm sewer intake repairs, repair of curb and gutter as needed, and replacement of curb ramps to meet current ADA standards. Background /Analysis: The Asphalt Resurfacing 2022 Project includes work at the following locations: Street Milling and 3 -inch Asphalt Overlay Taylor Drive — Highway 6 to 2107 Taylor Drive Bancroft Drive — Tracy Lane to 2119 Bancroft Drive Crosby Lane — Sycamore Street to Bancroft Drive Rundell Street — Sheridan Avenue to Jackson Avenue Lower Muscatine Road — Fire Station #3 to Fairmeadows Boulevard Bloomington Street — Governor Street to Dodge Street Chip Seal Taft Avenue — Herbert Hoover Highway to American Legion Road Sycamore Street — Gilbert Street to Lehman Avenue Taft Speedway — N Dubuque Street to 305 Taft Speedway N Dubuque Road — Bristol Drive to North Dodge Street Soccer Park Road — Napoleon Street to Wastewater Treatment Plant Entrance Slothower Road — Melrose Avenue to southern terminus Maier Avenue — Rohret Road to 3951 Maier Avenue ATTACHMENTS: Description Resolution Prepared by: Marri VanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 Resolution No. 22-68 Resolution setting a public hearing on April 5, 2022 on project manual and estimate of cost for the construction of the Asphalt Resurfacing 2022 Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas, funds for this project are available in the Annual Pavement Rehabilitation account #S3824. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: 1. A public hearing on the project manual and estimate of cost for the construction of the above- mentioned project is to be held on the 5th day of April, 2022,\ at 6:00 p.m. in the Assembly Room at The Center, 28 S Linn Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. If City Council does not meet in person due to the health and safety concerns from COVID- 19, the council meeting will be an electronic meeting using the Zoom Meetings. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at (319) 356-5043. 3. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 4. A copy of the project manual and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 22nd day of March ,2022 Approved by Attest: C / h) � j City Clerk City Attorne s Office - 03/16/22 It was moved by Weiner adopted, and upon roll call there were: Ayes: and seconded by Tnylnr Nays: Absent: x Alter X Berg us x Harmsen x Taylor X Teague x Thomas x Weiner the Resolution be Item Number: 8.b. 1 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT March 22, 2022 Resolution setting a public hearing for April 5, 2022 to consider the vacation and conveyance of approximately 3,000 square feet of right-of-way running east of Keokuk Street to the north/south alley between Kirkwood Avenue and Florence Street to Ritu Jain and Bradley J. Pouleson. (VAC21-0001) Prepared By: Anne Russett, Senior Planner Reviewed By: Danielle Sitzman, Neighborhood and Development Services Coordinator Fiscal Impact: No Impact Recommendations: Staff: Approval Commission: Planning and Zoning Commission Recommends Approval Attachments: Staff Report P & Z Minutes Resolution Executive Summary: Background /Analysis: ATTACHMENTS: Description Staff Report P&Z minutes 3-2-22 Resolution To: Planning & Zoning Commission Item: VAC21-0001 829 Kirkwood Ave GENERAL INFORMATION: Applicant: Property Owner: Requested Action: Purpose: Location: Location Map: STAFF REPORT Prepared by: Anne Russett, Senior Planner Date: February 16, 2022 Martin Construction 1824 G Street Iowa City, IA 52240 319-248-0561 martinconstruction@live.com Ritu Jain rjtextiles@gmail.com Vacation of the public right-of- way adjacent to Keokuk St. To accommodate construction of a garage at 829 Kirkwood Ave. Right-of-way adjacent to 829 Kirkwood Ave. Parcel #1015403002. Size: Approximately 3,000 square feet Existing Land Use and Zoning: Surrounding Land Use and Zoning: File Date: 45 -Day Limitation: BACKGROUND INFORMATION: Vacant; OHD RS -8, Medium Density Single Family Residential with a Historic District Overlay North: RS -8, Medium Density Single Family South: RS -8, Medium Density Single Family East: RS -8, Medium Density Single Family West: RS -8, Medium Density Single Family March 29, 2021 NA Martin Construction submitted an application on behalf of the property owner to vacate approximately 3,000 square feet of right-of-way located adjacent to 829 Kirkwood Avenue. If granted, the vacation would allow for a contiguous lot at 829 Kirkwood Avenue. The property owner is interested in building a garage behind the home, which currently is not possible due to the location of the public right-of-way. The right-of-way was platted as an alley in the Lucas Addition, but an alley was never built. An application to vacate the subject right-of-way was recommended for approval by the Planning and Zoning Commission on April 17, 2008 but was deferred indefinitely by the applicant before City Council approval was granted. ANALYSIS: The following factors are to be considered in evaluating a vacation request: a) Impact on pedestrian and vehicular access and circulation; b) Impact on emergency and utility vehicle access and circulation; c) Impact on access of adjacent private properties; d) Desirability of right-of-way for access or circulation needs; e) Location of utilities and other easements or restrictions on the property; f) Any other relevant factors pertaining to the specific requested vacation. a) Vehicular and pedestrian circulation and access to private property: The right-of-way is not improved and not used for vehicular or pedestrian circulation or access to any property. Vacation of the subject right-of-way will not affect vehicular or pedestrian circulation in any way. b) Emergency and utility and service access: The right-of-way is not accessed by emergency or utility vehicles. c) Impact on access of adjacent private properties: Since an alley was never built in the subject right-of-way, there is no impact on access of adjacent private properties. A north -south alley between Kirkwood Avenue and Florence Street provides access to all adjacent private properties. d) Desirability of right of way for access or circulation needs: Staff has determined that there is no need to maintain the right-of-way for access or circulation needs. e) Location of utilities and other easements or restrictions on the property: The right-of-way does not contain any City utilities. Private utilities have been contacted and asked to identify any utilities currently on-site. If the right-of-way is vacated, easements will need to be granted for any utilities that may exist, or alternatively, the utilities will need to be relocated. f) Any other relevant factors pertaining to the specific requested vacation: Staff does not believe there are any other relevant factors pertaining to the specific requested vacation. NEXT STEPS: Upon recommendation by the Planning and Zoning Commission, the proposed vacation will be reviewed by the City Council. The City Council will discuss the both the proposed vacation and the conveyance of this land. STAFF RECOMMENDATION: Staff recommends the approval of VAC21-0001 a vacation of the public right-of-way adjacent to 829 Kirkwood Ave, subject to the retention of any necessary utility easements. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Aerial Map Approved by: anielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services Er 6111115711 Wifi �'oiLIMI I'VEit6'o1 n Met :.- ob' YT6(J�ihlr 15� 5 gi ..- :_o... i L� - 10 • PT9t JO 2,5" 4 #i i4-1', 'Or � 0 0 • a 3 7.' gir9ra. `ri o Pin 7076 cn PTs . � 0 9 0. � o 1 ,5, N 71 ° ' 903 RT 92 40' i; Nn. Q - a:t 19i4,Oj w. 59525" , 1I 68' '38'. 25' 96594 521 5'• SE 55 K11V� D 80' :_'_ 133535' 50' 50' PT 1 o � tow S tn 4n2)460' ^ 9 126 -' 8 N36 102E 51'&9!41 1!6}4!14 2 _can_`p. _ca•__ _car- 0 _.-zn'_ • Prepared By: Joshua Engelbrecht Date Prepared: April 2021 An application submitted by Martin Construction, to request the vacation of the public right-of-way for approximately 3,000 square feet of property in order to aquire this portion of the right-of-way and add it to the adjacent property located at 829 Kirkwood Ave. Overlay Zones Overlay Description Historic District (OHD) ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ Vii♦♦♦♦♦♦♦♦♦ ♦ ♦♦♦♦♦♦i♦♦♦ �i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i ♦♦i♦i♦i♦i♦i♦i♦i♦i ♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦0i ♦♦i♦i♦i♦i♦i♦i♦i: ♦♦i♦i♦i♦i♦i♦i♦i♦i. ♦♦4�a►;tt•t4$ i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦ ♦4t♦♦♦♦♦♦♦♦4t4t♦♦ An application submitted by Martin Construction, to request the vacation of the public right-of-way for approximately 3,000 square feet of property in order to aquire this portion of the right-of-way and add it to the adjacent property located at 829 Kirkwood Ave. Overlay Zones Overlay Description Historic District (OHD) 0 0.005 0.01 0.02 Miles I I I I I VAC21-0001 829 Kirkwood Ave. i stb,„ 42101.-1 ...711470011 10:1 P 146171r CITY OF IOWA CITY Prepared By: Joshua Engelbrecht Date Prepared: April 2021 An application submitted the vacation of the public square feet of property in right-of-way and add it to Kirkwood Ave. by Martin Construction, to request right-of-way for approximately 3,000 order to aquire this portion of the the adjacent property located at 829 MINUTES PLANNING AND ZONING COMMISSION MARCH 2, 2022 — 6:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL PRELIMINARY MEMBERS PRESENT: Susan Craig (via phone), Mike Hensch, Phoebe Martin, Maria Padron, Billie Townsend MEMBERS ABSENT: Mark Nolte, Mark Signs STAFF PRESENT: Sarah Hektoen, Anne Russett, Parker Walsh OTHERS PRESENT: Brad Paulson RECOMMENDATIONS TO COUNCIL: By a vote of 4-0 (Martin recused herself) the Commission recommends approval of VAC21-0001, a vacation of the public right-of-way adjacent to 829 Kirkwood Avenue subject to the retention of any necessary utility easements. CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. VAC21-0001: Location: 829 Kirkwood Avenue An application for a vacation of public right-of-way. Martin recused herself from the discussion and vote. Russett began the staff report with an aerial map of the property showing where the proposed vacation is. She also showed the zoning map noting this property is zoned RS -5 and she noted the property is actually a local historic landmark as well. Russett pointed out the property is split by the right-of-way that exists on the property and added it is actually a public right of -way as the alley was platted in the Lucas Addition in 1857 but the alley was never improved. Back in 2008, the City received an application for a vacation, and the Planning and Zoning Commission recommended approval of that vacation. However, it was deferred indefinitely when it went to Council, and so that approval was never granted. The City received a new application requesting the vacation of this public right of -way last year because the property owner is interested in building a garage behind their home. In terms of reviewing vacations, there are six criteria that staff look at and Russett reviewed each one of those individually. The first is the impact on pedestrian and vehicular access and circulation. Russett noted the right of -way is not currently used for vehicular or pedestrian circulation or access to any property. Additionally, the vacation of the right-of-way will not affect vehicular or pedestrian circulation in any way. The next criteria is impact on emergency and utility vehicle access and circulation. Again, the right of -way is not accessed by emergency or utility vehicles either. The third criteria is related to the impact on access of adjacent private properties. As previously mentioned, the alley is not improved and therefore the vacation will not impact access of adjacent private properties. Russett pointed out a north/south alley between Kirkwood Avenue and Florence Street which provides access to all the adjacent private properties. That existing north/south alley will be maintained. The next criteria is the desirability of the right of -way for access or circulation needs. Staff determined that there is no need to maintain the right-of-way for access or circulation. Next is the location of utilities and other easements or restrictions on the property. The right-of-way does not contain any City utilities and private utilities have been contacted and asked to identify any utilities that are currently on site. If the right-of-way is vacated easements will need to be granted for any utilities that may exist or those utilities would need to be vacated or relocated. Lastly, if there's any other relevant factors pertaining to this specific request, and there are none that staff has identified. Staff does recommend the vacation of this alley contingent upon the retention of any necessary utility easements. The right-of-way was never built and therefore the vacation will not affect traffic, emergency or utility service access or adjacent private properties. Next steps, upon the Planning and Zoning Commission's recommendation, the proposed vacation will be reviewed by City Council and City Council will also discuss the conveyance of the land to the applicant. Staff recommends approval of VAC21-0001, a vacation of the public right-of-way adjacent to 829 Kirkwood Avenue subject to the retention of any necessary utility easements. Townsend is curious why City Council didn't approve it last time. Russett replied because the applicant actually requested that it be deferred indefinitely, and they never brought it back. Craig asked if there is payment from the applicant to the City for the vacation. Russett confirmed that is correct. Hensch asked where the north/south alley is so Russett showed on the map where the alley is. Padron asked if there are any utilities that have to be moved will the City have to pay for that. Russett replied that is the property owner's responsibility. Hensch opened the public hearing. Brad Paulson (829 Kirkwood Avenue) is the applicant but wanted to clarify that he and his wife are not the original applicants for the vacation. Hensch closed the public hearing. Townsend moved to recommend approval of VAC21-0001, a vacation of the public right- of-way adjacent to 829 Kirkwood Avenue subject to the retention of any necessary utility easements. Padron seconded the motion. Hensch noted he can't see a single reason not to approve this as it has never been used as an alley. A vote was taken and the motion passed 4-0 (Martin recused). Martin rejoined the meeting. Prepared by: Anne Russett, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 Resolution No. 22-69 Resolution setting a public hearing for April 5, 2022 to consider the vacation and conveyance of approximately 3,000 square feet of right-of-way running east of Keokuk Street to the north/south alley between Kirkwood Avenue and Florence Street to Ritu Jain and Bradley J. Pouleson. (VAC21-0001) Whereas, Ritu Jain and Bradley J. Pouleson, owners of property at 829 Kirkwood Avenue, have requested that the City vacate an approximately 3,000 square foot portion of right-of-way and convey it to them to facilitate development of a future garage; and Whereas, at its meeting on March 2, 2022, the Planning and Zoning Commission recommended approval of the vacation; and Whereas, Staff has determined that this portion of right-of-way serves no benefit to the public and recommends approval of the vacation and conveyance; and Whereas, in the event that Council approves the vacation, it is in the public interest to convey the vacated right-of-way by quit claim deed to the abutting property owners, Ritu Jain and Bradley J. Pouleson, for fair market value. Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: 1. The City Council does hereby declare its intent to consider the vacation and conveyance of approximately 3,000 square feet of right-of-way to Ritu Jain and Bradley J. Pouleson via quit claim deed for $3,990.00. 2. A public hearing on said proposal should be and is hereby set for April 5, 2022, at 6:00 p.m. in the Assembly Room at The Center, 28 S. Linn Street, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law with the costs assessed to the applicant. Passed and approved this 22nd day of March , 2022. Approved by City Attor y s Office (Sara Greenwood Hektoen — 03/15/22) ATTEST: 0 CIT CLERK Resolution No. 22-69 Page 2 It was moved by we;nar and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter X Bergus X Harmsen X Taylor X Teague X Thomas X Weiner Item Number: 8.c. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT March 22, 2022 Resolution of intent to convey Auditor's Parcel 2022005 to Charles C. Wunder and Marcia L. Wunder and setting a public hearing thereon for April 5, 2022. Prepared By: Sara Hektoen, Asst. City Attorney Reviewed By: Eric Goers, City Attorney Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: Charles and Marcia Wunder, owners of 702 Park Road, have requested that the City convey to them by quit claim deed any interest it has in Auditor's Parcel 2022005 in order to quiet title. A title objection has been raised about the right-of-way boundary. Staff has determined that the City has no interest in Auditor's Parcel. This will not change the right-of-way boundary, thus no consideration is necessary or appropriate for issuance of this deed. Background /Analysis: The intent of this conveyance is to lock in the status quo for the existing, surveyed property boundaries. The City has no interest in the Auditor's Parcel in question. The public hearing will allow anyone who believes otherwise to express their views to Council. ATTACHMENTS: Description Resolution Prepared by: Sara hiektoen, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 Resolution No. 22-70 Resolution of intent to convey Auditor's Parcel 2022005 to Charles C. Wunder and Marcia L. Wunder and setting a public hearing thereon for April 5, 2022. Whereas, Charles and Marcia Wunder, owners of 702 Park Road, have requested that the City convey by quit claim deed any right, title, or interest it has in Auditor's Parcel 2022005 to them in order to quiet title; Whereas, a title objection has been raised about the right-of-way boundary; and Whereas, Staff has determined that the City has no interest in the property and issuance of the quit claim deed will further the owners' ability to freely transfer title to the land without any cloud that may be created by any ambiguous right-of-way boundary that may exist; and Whereas, it is in the public interest to convey the vacated right-of-way by quit claim deed to the owners without consideration to clear title to the land. Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: 1. The City Council does hereby declare its intent to convey Auditor's Parcel 2022005 to Charles C. Wunder and Marcia L. Wunder, husband and wife, as joint tenants with full rights of survivorship and not as tenants in common, via quit claim deed. 2. A public hearing on said proposal should be and is hereby set for April 5, 2022, at 6:00 p.m. in the Assembly Room at The Center, 28 S. Linn Street, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law with the costs assessed to the applicant. Passed and approved this 22nd Approved by City AttorneJy'' Ice - 03/17/22 day of March , 2022. Resolution No. 22-70 Page 2 It was moved by Weiner and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter X Bergus X Harmsen x Taylor X Teague x Thomas x Weiner Item Number: 10. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT March 22, 2022 Resolution instituting proceedings to take additional action for the issuance of not to exceed $8,900,000 General Obligation Bonds of the City of Iowa City, State of Iowa (for essential corporate purposes) . Prepared By: Jacklyn Fleagle, Budget & Compliance Officer Reviewed By: Geoff Fruin, City Manager Nicole Davies, Finance Director Fiscal Impact: Adopted as part of the FY2022 Revised Budget and 2022-2026 Capital Improvement Program Recommendations: Staff: Approval Commission: N/A Attachments: 2022 General Obligation Bonds Project Schedule by Hearing Type Resolution Executive Summary: There are three public hearings required for the issuance of the 2022 General Obligation Bonds scheduled for March 22. Attached is a project schedule by hearing for the 2022 General Obligation Bonds. Background /Analysis: The City issues bonds every spring to fund the current year's capital improvement projects listed in the Five -Year Capital Improvement Program. The City Council is scheduled to adopt the 2022 capital improvement program on March 22, 2022. The City's bond attorney, Kristin Billingsley Cooper, determines the number of bond resolutions required based upon the purpose and classification of the bonds being issued. Iowa state code classifies general obligation bonds as either General or Essential. General obligation bonds classified as General are limited to $700,000 per project and are subject to reverse referendum within 30 days of adoption of the resolution. General obligation bonds classified as Essential do not have a $700,000 project expense cap and are not subject to reverse referendum. The public hearings for the 2022 General Obligation Bond issue have a total combined issuance amount of not to exceed $10,300,000 for projects totaling $10,100,000. The difference between the two amounts is the estimated bond issuance costs. ATTACHMENTS: Description 2022 General Obligation Bonds Project Schedule by Hearing Type Resolution Proj. # Project Name 2022 General Obligation Bonds Project Schedule by Hearing Type Description Type Essential Purpose General Purpose - Senior Center General Purpose - Roof, BAS, Fire Slab R4350 Chadek Green Park Playground & Shelter Build picnic shelter, playground, accessible paths, parking and sidewalk infill at Chadek Green Park community gardens. Parks $ 450,000 R4368 Court Hill Park Shelter & Playground Replacement Replace playground and two picnic shelters at Court Hill Park. Project also adds concrete paths for increased accessibility and additional opportunities for creek access. Parks $ 450,000 S3950 Rochester Ave Reconstruction - First Ave to Ralston Creek Reconstruction of Rochester Avenue from First Avenue to the bridge over Ralston Creek. The project will include intersection improvements at First Avenue, new street paving, sidewalk, utility improvements and other associated work. This project will also include water pressure zoning improvements at First Avenue. Streets $ 6,350,000 S3965 Fairchild Street Reconstruction This project includes the reconstruction of two blocks of brick street along Fairchild Street from Clinton Street to Linn Street and utility improvements. Streets $ 1,450,000 K1001 Senior Center Exterior Improvements Necessary building envelope repairs include rebuilding the stone parapets and cornices, roof flashing improvements, stone facade pointing and sealing, painting and sealing exterior wood, and refurbishing historic wood framed windows. The Improvements are based on recommendations from the 2020 Accessibility Study and the 2021 Master Plan. Buildings $ 700,000 R4129 City Hall - Other Projects City Hall Roof Replacement with the possibility of adding solar panels. Buildings $ 400,000 R4332 Upgrade Building BAS Controls Upgrade or add Building Automation Systems (BAS) for multiple municipal structures: Senior Center and Animal Care and Adoption Center. This will include panel upgrades to current controls software, field devices to be compatible with new controls, installation of new controllers, VFDs, perimeter heat temp sensors, gas CO and NO@ compatible sensors, DDC programming and pathways for conduit, cables & wired per current code. Buildings $ 205,000 Z4409 Fire Station #1 Apparatus Bay Slab Reconstruction This project will reconstruct the floor slab in the apparatus bay of Fire Station 1. Buildings $ 95,000 GO Bond 2022 Project Totals Public Hearing Amount $ 8,700,000 $ 700,000 $ 700,000 $ 10,100,000 $ 8,900,000 $ 700,000 $ 700,000 $ 10,300,000 (0. Items to Include on Agenda City of Iowa City, Iowa Not to Exceed $8,900,000 General Obligation Bonds (ECP -1) Public hearing on the issuance. Resolution instituting proceedings to take additional action. Notice Must Be Given Pursuant to Iowa Code Chapter 21 and the Local Rules of the City. March 22, 2022 The City Council of the City of Iowa City, State of Iowa, met in special formal session at 28 S. Linn St, The Center, Iowa City, Iowa, at 6:00 P.M., on the above date. There were present Mayor Teague , in the chair, and the following named Council Members: Alter BergnG. Harmsen. Taylor, Thomac, Teague, Wainar Absent: Nona Vacant: None 2 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $8,900,000 General Obligation Bonds, in order to provide funds to pay the costs of the opening, widening, extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street and streetscape improvements, with related utility work, traffic control devices, lighting, sidewalks, and the acquisition of real estate for such purposes; and the rehabilitation and improvement of parks already owned, including facilities, equipment and improvements commonly found in city parks, for essential corporate purposes, and that notice of the proposal to issue the Bonds had been published as provided by Section 384.25 of the Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and 0 were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Thomas introduced and delivered to the Clerk the Resolution hereinafter set out entitled "Resolution instituting proceedings to take additional action for the issuance of not to exceed $8,900,000 General Obligation Bonds", and moved: x that the Resolution be adopted. to adjourn and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2022, at this place. 3 Bergus Council Member and the vote was, seconded the motion. The roll was called Ayes: Alter, Bergus Harmsen, Taylor, Teague, Thomas, Weiner Nays: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 22-71 Resolution instituting proceedings to take additional action for the issuance of not to exceed $8,900,000 General Obligation Bonds Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $8,900,000 General Obligation Bonds, for the essential corporate purposes, in order to provide funds to pay the costs of the opening, widening, extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street and streetscape improvements, with related utility work, traffic control devices, lighting, sidewalks, and the acquisition of real estate for such purposes; and the rehabilitation and improvement of parks already owned, including facilities, equipment and improvements commonly found in city parks, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and following action is now considered to be in the best interests of the City and residents thereof. Now, therefore, be it resolved by the City Council of City of Iowa City, State of Iowa: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $8,900,000 General Obligation Bonds, for the foregoing essential corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. 4 Resolution No. 22-71 Passed and approved this 22n1 day of March, 2022. Attest: 5 Certificate State of Iowa ) SS County of Johnson I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 22-'4- day of "fliktf C (r\ , 2022. (Seal) 02019227-1\10714-139 Clerk, City of loMa City, State of low Item Number: 11. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT March 22, 2022 Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds of the City of Iowa City, State of Iowa (for general corporate purposes). Prepared By: Jacklyn Fleagle, Budget & Compliance Officer Reviewed By: Geoff Fruin, City Manager Nicole Davies, Finance Director Fiscal Impact: Adopted as part of the FY2022 Revised Budget and 2022-2026 Capital Improvement Program Recommendations: Staff: Approval Commission: N/A Attachments: General Obligation Bonds Project Schedule by Hearing Type Resolution Executive Summary: There are three public hearings required for the issuance of the 2022 General Obligation Bonds scheduled for March 22. Attached is a project schedule by hearing for the 2022 General Obligation Bonds. Background /Analysis: The City issues bonds every spring to fund the current year's capital improvement projects listed in the Five -Year Capital Improvement Program. The City Council is scheduled to adopt the 2022 capital improvement program on March 22, 2022. The City's bond attorney, Kristin Billingsley Cooper, determines the number of bond resolutions required based upon the purpose and classification of the bonds being issued. Iowa state code classifies general obligation bonds as either General or Essential. General obligation bonds classified as General are limited to $700,000 per project and are subject to reverse referendum within 30 days of adoption of the resolution. General obligation bonds classified as Essential do not have a $700,000 project expense cap and are not subject to reverse referendum. The public hearings for the 2022 General Obligation Bond issue have a total combined issuance amount of not to exceed $10,300,000 for projects totaling $10,100,000. The difference between the two amounts is the estimated bond issuance costs ATTACHMENTS: Description 2022 General Obligation Bonds Project Schedule by Hearing Type Resolution Proj. # Project Name 2022 General Obligation Bonds Project Schedule by Hearing Type Description Type Essential Purpose General Purpose - Senior Center General Purpose - Roof, BAS, Fire Slab R4350 Chadek Green Park Playground & Shelter Build picnic shelter, playground, accessible paths, parking and sidewalk infill at Chadek Green Park community gardens. Parks $ 450,000 R4368 Court Hill Park Shelter & Playground Replacement Replace playground and two picnic shelters at Court Hill Park. Project also adds concrete paths for increased accessibility and additional opportunities for creek access. Parks $ 450,000 S3950 Rochester Ave Reconstruction - First Ave to Ralston Creek Reconstruction of Rochester Avenue from First Avenue to the bridge over Ralston Creek. The project will include intersection improvements at First Avenue, new street paving, sidewalk, utility improvements and other associated work. This project will also include water pressure zoning improvements at First Avenue. Streets $ 6,350,000 S3965 Fairchild Street Reconstruction This project includes the reconstruction of two blocks of brick street along Fairchild Street from Clinton Street to Linn Street and utility improvements. Streets $ 1,450,000 K1001 Senior Center Exterior Improvements Necessary building envelope repairs include rebuilding the stone parapets and cornices, roof flashing improvements, stone facade pointing and sealing, painting and sealing exterior wood, and refurbishing historic wood framed windows. The Improvements are based on recommendations from the 2020 Accessibility Study and the 2021 Master Plan. Buildings $ 700,000 R4129 City Hall - Other Projects City Hall Roof Replacement with the possibility of adding solar panels. Buildings $ 400,000 R4332 Upgrade Building BAS Controls Upgrade or add Building Automation Systems (BAS) for multiple municipal structures: Senior Center and Animal Care and Adoption Center. This will include panel upgrades to current controls software, field devices to be compatible with new controls, installation of new controllers, VFDs, perimeter heat temp sensors, gas CO and NO@ compatible sensors, DDC programming and pathways for conduit, cables & wired per current code. Buildings $ 205,000 Z4409 Fire Station #1 Apparatus Bay Slab Reconstruction This project will reconstruct the floor slab in the apparatus bay of Fire Station 1. Buildings $ 95,000 GO Bond 2022 Project Totals Public Hearing Amount $ 8,700,000 $ 700,000 $ 700,000 $ 10,100,000 $ 8,900,000 $ 700,000 $ 700,000 $ 10,300,000 Items to Include on Agenda City of Iowa City, Iowa Not to Exceed $700,000 General Obligation Bonds (GCP-2) Public hearing on the issuance. Resolution instituting proceedings to take additional action. Notice Must Be Given Pursuant to Iowa Code Chapter 21 and the Local Rules of the City. March 22, 2022 The City Council of the City of Iowa City, State of Iowa, met in special formal session, at 28 S. Linn St, The Center, Iowa City, Iowa, at 6:00 p .M., on the above date. There were present Mayor Teague , in the chair, and the following named Council Members: Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Weiner Absent: None Vacant: None 2 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $700,000 General Obligation Bonds, in order to provide funds to pay the costs of improvements to and equipping of the Senior Center facility, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and 0 were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member wet, introduced and delivered to the Clerk the Resolution hereinafter set out entitled "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds", and moved: x_ that the Resolution be adopted. to adjourn and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2022, at this place. 3 Council Member and the vote was, 41rnr seconded the motion. The roll was called Ayes: Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Weiner Nays: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 22-72 Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of improvements to and equipping of the Senior Center facility, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. Now, therefore, be it resolved by the City Council of the City of Iowa City, State of Iowa: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. 4 Resolution No. 22-72 Passed and approved this 22"d day of March, 2022. ME$AA Attest: Certificate State of Iowa ) SS County of Johnson I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at Least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. day of WITNESS my hand and the seal of the Council hereto affixed this it �(t rel , 2022. (Seal) 02019241-1\10714-139 City Clerk, City of Iowa C , State of Iowa Item Number: 12. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT March 22, 2022 Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds of the City of Iowa City, State of Iowa (for general corporate purposes). Prepared By: Jacklyn Fleagle, Budget & Compliance Officer Reviewed By: Geoff Fruin, City Manager Nicole Davies, Finance Director Fiscal Impact: Adopted as part of the FY2022 Revised Budget and 2022-2026 Capital Improvement Program Recommendations: Staff: Approval Commission: N/A Attachments: 2022 General Obligation Bonds Project Schedule by Hearing Type Resolution Executive Summary: There are three public hearings required for the issuance of the 2022 General Obligation Bonds scheduled for March 22. Attached is a project schedule by hearing for the 2022 General Obligation Bonds. Background /Analysis: The City issues bonds every spring to fund the current year's capital improvement projects listed in the Five -Year Capital Improvement Program. The City Council is scheduled to adopt the 2022 capital improvement program on March 22, 2022. The City's bond attorney, Kristin Billingsley Cooper, determines the number of bond resolutions required based upon the purpose and classification of the bonds being issued. Iowa state code classifies general obligation bonds as either General or Essential. General obligation bonds classified as General are limited to $700,000 per project and are subject to reverse referendum within 30 days of adoption of the resolution. General obligation bonds classified as Essential do not have a $700,000 project expense cap and are not subject to reverse referendum. The public hearings for the 2022 General Obligation Bond issue have a total combined issuance amount of not to exceed $10,300,000 for projects totaling $10,100,000. The difference between the two amounts is the estimated bond issuance costs ATTACHMENTS: Description 2022 General Obligation Bonds Project Schedule by Hearing Type Resolution Proj. # Project Name 2022 General Obligation Bonds Project Schedule by Hearing Type Description Type Essential Purpose General Purpose - Senior Center General Purpose - Roof, BAS, Fire Slab R4350 Chadek Green Park Playground & Shelter Build picnic shelter, playground, accessible paths, parking and sidewalk infill at Chadek Green Park community gardens. Parks $ 450,000 R4368 Court Hill Park Shelter & Playground Replacement Replace playground and two picnic shelters at Court Hill Park. Project also adds concrete paths for increased accessibility and additional opportunities for creek access. Parks $ 450,000 S3950 Rochester Ave Reconstruction - First Ave to Ralston Creek Reconstruction of Rochester Avenue from First Avenue to the bridge over Ralston Creek. The project will include intersection improvements at First Avenue, new street paving, sidewalk, utility improvements and other associated work. This project will also include water pressure zoning improvements at First Avenue. Streets $ 6,350,000 S3965 Fairchild Street Reconstruction This project includes the reconstruction of two blocks of brick street along Fairchild Street from Clinton Street to Linn Street and utility improvements. Streets $ 1,450,000 K1001 Senior Center Exterior Improvements Necessary building envelope repairs include rebuilding the stone parapets and cornices, roof flashing improvements, stone facade pointing and sealing, painting and sealing exterior wood, and refurbishing historic wood framed windows. The Improvements are based on recommendations from the 2020 Accessibility Study and the 2021 Master Plan. Buildings $ 700,000 R4129 City Hall - Other Projects City Hall Roof Replacement with the possibility of adding solar panels. Buildings $ 400,000 R4332 Upgrade Building BAS Controls Upgrade or add Building Automation Systems (BAS) for multiple municipal structures: Senior Center and Animal Care and Adoption Center. This will include panel upgrades to current controls software, field devices to be compatible with new controls, installation of new controllers, VFDs, perimeter heat temp sensors, gas CO and NO@ compatible sensors, DDC programming and pathways for conduit, cables & wired per current code. Buildings $ 205,000 Z4409 Fire Station #1 Apparatus Bay Slab Reconstruction This project will reconstruct the floor slab in the apparatus bay of Fire Station 1. Buildings $ 95,000 GO Bond 2022 Project Totals Public Hearing Amount $ 8,700,000 $ 700,000 $ 700,000 $ 10,100,000 $ 8,900,000 $ 700,000 $ 700,000 $ 10,300,000 Items to Include on Agenda City of Iowa City, Iowa Not to Exceed $700,000 General Obligation Bonds (GCP-3) Public hearing on the issuance. Resolution instituting proceedings to take additional action. Notice Must Be Given Pursuant to Iowa Code Chapter 21 and the Local Rules of the City. March 22, 2022 The City Council of the City of Iowa City, State of Iowa, met in special formal session, at 28 S. Linn St, The Center, Iowa City, Iowa, at 6:00 P .M., on the above date. There were present Mayor Teag„P , in the chair, and the following named Council Members: Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Weiner Absent: None Vacant: None 2 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $700,000 General Obligation Bonds, in order to provide funds to pay the costs of the acquisition, renovation, reconstruction and equipping of City Hall and the fire station; and costs of the acquisition, installation, improving and equipping of city facilities and buildings, including building automation systems, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of' the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that a written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and o were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Bergus introduced and delivered to the Clerk the Resolution hereinafter set out entitled "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds", and moved: x that the Resolution be adopted. to adjourn and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2022, at this place. 3 Council Member and the vote was, Thnmaq seconded the motion. The roll was called Ayes: Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Weiner Nays: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 22-73 Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for the general corporate purposes, in order to provide funds to pay the costs of the acquisition, renovation, reconstruction and equipping of City Hall and the fire station; and costs of the acquisition, installation, improving and equipping of city facilities and buildings, including building automation systems, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. Now, therefore, be it resolved by the City Council of the City of Iowa City, State of Iowa: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. 4 Resolution No. 22-73 Passed and approved this 22nd day of March, 2022. Attest: City lerk State of Iowa County of Johnson Certificate ) SS I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and Lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. - WITNESS my hand and the seal of the Council hereto affixed this ZZI day of MC c I C -h. , 2022. (Seal) 02019307-I\10714-139 City Cle , City of Iowa C't, , State of owa Item Number: 13. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT March 22, 2022 Resolution authorizing the issuance of $10,255,000 General Obligation bonds, series 2022, and levying a tax for the payment thereof. Prepared By: Jacklyn Fleagle, Budget & Compliance Officer Reviewed By: Geoff Fruin, City Manager Nicole Davies, Finance Director Fiscal Impact: To be included as part of the Fiscal Year 2023 certified budget and levied as part of the fiscal year 2023 property tax levy. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This resolution approves the levy requirements for the 2022 General Obligation Bonds. When the Bonds are issued, the authorizing resolution will incorporate this levy which will be updated based on the actual rates from the sale. It is essential that the Resolution be adopted and filed with the Johnson County Auditor prior to April 1, 2022. The Resolution must also be adopted and filed prior to certification of the budget. Background /Analysis: The City issues bonds every spring to fund the current year's capital improvement projects listed in the Five -Year Capital Improvement Program. The City Council is scheduled to hold public hearings and direct the sale of the 2022 General Obligation bonds on March 22. The City Council is also scheduled to hold hearings and adopt the revised 2022 budget and the proposed 2023 budget on March 22. The necessary City Council actions required to effect the issuance of the 2022 GO Bonds are provided to the City by the City's bond counsel, Kristin Billingsley Cooper of Ahlers & Cooney. This resolution satisfies the levy requirements as required by Iowa Code Chapter 76. ATTACHMENTS: Description Resolution Items to Include on Agenda City of Iowa City, Iowa $10,255,000 General Obligation Bonds, Series 2022 Resolution authorizing the issuance and levying a tax for the payment thereof. Notice Must Be Given Pursuant to Iowa Code Chapter 21 and the Local Rules of the City. March 22, 2022 The City Council of the City of Iowa City, State of Iowa, met in special formal session, at 28 S. Linn St, The Center, Iowa City, Iowa, at 6:00 P .M., on the above date. There were present Mayor Teag to , in the chair, and the following named Council Members: Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Weiner Absent: None Vacant: None 2 Council Member Weiner introduced the following Resolution entitled "Resolution authorizing the issuance of $10,255,000 General Obligation Bonds, Series 2022, and levying a tax for the payment thereof', and moved that the same be adopted. Council Member Harmsen seconded the motion to adopt. The roll was called and the vote was, AYES: Alter, Berguc, Harmcen, Tnylnr, Taagj,a, Thnmas, Weiner NAYS: None Resolution No. 22-74 Whereupon, the Mayor declared the Resolution duly adopted as follows: Resolution authorizing the issuance of $10,255,000 General Obligation Bonds, Series 2022, and levying a tax for the payment thereof WHEREAS, the City of Iowa City, State of Iowa ("Issuer"), is a municipal corporation, organized and existing under the Constitution and laws of the State of Iowa, and is not affected by any special legislation; and WHEREAS, the Issuer is in need of funds to pay costs of the opening, widening, extending, grading and drainage of the right-of-way of streets, highways, avenues, alleys, and public grounds; the construction, reconstruction, and repairing of any street and streetscape improvements, with related utility work, traffic control devices, lighting, sidewalks, and the acquisition of real estate for such purposes; and the rehabilitation and improvement of parks already owned, including facilities, equipment and improvements commonly found in city parks; improvements to and equipping of the Senior Center facility; and the acquisition, renovation, reconstruction and equipping of City Hall and the fire station; and costs of the acquisition, installation, improving and equipping of city facilities and buildings, including building automation systems (the "Project"), and it is deemed necessary and advisable that General Obligation Bonds, Series 2022, in the amount of $10,255,000 be issued; and WHEREAS, the City Council has taken such acts as are necessary to authorize issuance of the Bonds. 3 Now, therefore, it is resolved by the City Council of the City of Iowa City, State of Iowa: Section 1. Authorization of the Issuance. General Obligation Bonds, Series 2022, in the amount of $10,255,000 shall be issued pursuant to the provisions of Iowa Code Sections 384.25, 384.26 and 384.28 for the purposes covered by the hearing. Section 2. Levy of Annual Tax. For the purpose of providing funds to pay the principal and interest as required under Chapter 76.2, there is levied for each future year the following direct annual tax upon all the taxable property in the City of Iowa City, State of Iowa, to wit: Fiscal Year (July 1 To June 30) Amount Year of Collection $1,545,000.00 2022/2023 $1,196,150.00 2023/2024 $1,173,762.50 2024/2025 $1,151,375.00 2025/2026 $1,128,987.50 2026/2027 $1,106,600.00 2027/2028 $1,084,212.50 2028/2029 $1,061,825.00 2029/2030 $1,039,437.50 2030/2031 $1,002,050.00 2031/2032 Principal and interest coming due at any time when the proceeds of the tax on hand are insufficient to pay the amount due shall be promptly paid when due from current funds available for that purpose and reimbursement must be made. Section 3. Amendment of Levy of Annual Tax. Based upon the terms of the future sale of the Bonds to be issued, this Council will file an amendment to this Resolution ("Amended Resolution") with the County Auditor. Section 4. Filing. A certified copy of this Resolution shall be filed with the County Auditor of County of Johnson, State of Iowa, who shall, pursuant to Iowa Code Section 76.2, levy, assess and collect the tax in the same manner as other taxes and, when collected, these taxes shall be used only for the purpose of paying principal and interest on the Bonds. 4 Resolution No. 22-74 Passed and approved this 22"d day of March, 2022. 1 Attest: Certificate State of Iowa ) SS County of Johnson I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at Least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 22 day of nn Q�I ,2022. )) 1 n (P k UL4 Ltt City Clerk, City of Iowa City, State of lows (Seal) /I I County Auditor's Certificate 1, JOS aikt � j 14/41$ Co my Au itor of Johnson County, State of Iowa, hereby certify that o the J �S day of ffl , 2022 there was filed in my office the Resolution of the City Council of the City of Iowa City, State of Iowa, adopted on the 22"" day of March, 2022, such Resolution levying a tax for the purpose of paying principal and interest on $10,255,000 of General Obligation Bonds, Series 2022. (County Seal) 02019317-I\10714-139 County Audi Iowa or of Johnson Cou ty, State J Item Number: 14. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT March 22, 2022 Resolution amending the current budget for Fiscal Year ending June 2022 Prepared By: Jacklyn Fleagle, Budget & Compliance Officer Reviewed By: Geoff Fruin, City Manager Nicole Davies, Finance Director Fiscal Impact: See memo below Recommendations: Staff: Approval Commission: N/A Attachments: FY2022 Notice of Public Hearing and Related Schedules Resolution Executive Summary: On March 22, 2022, two public hearings were scheduled: one hearing will be held to take public input on the proposed amendment of the fiscal year 2022 (FY2022) budget, and one hearing will be held to take public input on the proposed fiscal year 2023 (FY2023) budget. Following the first public hearing, a resolution to amend the FY2022 Operating Budget will be considered. Following the second public hearing, a resolution to adopt the FY2023 Operating Budget and a resolution to approve the FY2022-2024 Financial Plan and 2022-2026 Capital Improvement Plan document will be considered. The FY2023 adopted budget must be certified by the Johnson County Auditor's office by March 31, 2022. Background /Analysis: The FY2022-2024 Financial Plan and 2022-2026 Capital Improvement Plan document was made available to City Council and the general public in December 2021. This document included the proposed FY2022 amended budget and the proposed FY2023 budget. This document detailed the proposed and amended budgets as submitted by the City Manager following an extensive budget process. The City Council held public work sessions in January and February 2022 to review and discuss the FY2022-2024 Financial Plan and 2022-2026 Capital Improvement Plan document. During these budget work sessions, the City Manager and the department directors presented their budget proposals and responded to questions from the City Council. The City Council also clarified and refined their budget priorities during these work sessions. The Resolutions to Amend the FY2022 Budget and to Adopt the FY2023 budget and related schedules represent the programs and details that were included in the FY2022-2024 Financial Plan and 2022- 2026 Capital Improvement Plan document. The Resolutions and related schedules also include any subsequent changes as directed by the City Council as well as corrections and adjustments identified by City staff. The related schedules for the FY2022 Amended Budget and the FY2023 Budget were made available to the public on March 1, 2022, in accordance with state law to allow for public input. Fiscal Year 2022 Revised Budget The FY2022 budget amendment presented for City Council approval is the second budget amendment of FY2022. This amendment incorporates all of the programs, changes, and updates presented in the financial plan and capital improvement plan document that was distributed to the City Council and the general public on December 17, 2021. The State of Iowa allows cities to amend the annual operating budget for supplemental appropriation authority. These changes may include new or revised revenue and expenditure projections, transfers between funds, and capital improvement plan changes. Increased expenditures must utilize available fund balance or additional revenue sources, as the State does not allow amendments to increase property taxes. According to the City's financial policies, amendments to operating budgets will be made only in the following situations: • emergency situations • transfer from contingency • expenditures with offsetting revenues or fund balance • carry-over of prior year budget authority for expenses that had not been paid as of the end of the fiscal year. Since the distribution of the plan document, no changes and adjustments were made by City Council and by City staff to the amended FY2022 budget. The proposed budget amendment to the City's FY2022 budget does not increase property taxes or change the property tax levy rate and expenditures are funded from increased revenues or available fund balance. ATTACHMENTS: Description FY2022 Notice of Public Hearing and Related Schedules Resolution Resolution No. 22475 CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION - FY 2022 - AMENDMENT // 2 To the Auditor of JOHNSON County, Iowa: The City Council of IOWA CITY in said County/Counties met on 03/22/2022 06:00 PM, at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. Thereupon, the following resolution was introduced. RESOLUTION No. 22- A RESOLUTION AMENDING THE CURRENT BUDGET FOR FISCAL YEAR ENDING JUNE 2022 (AS LAST CERTIFIED OR AMENDED ON 09107/2021) Be it Resolved by the Council of City of IOWA CITY Section 1. Following notice published/posted 03/04/2022 and the public hearing held 03/22/2022 06:00 PM the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at the hearing:. 1`C .Q.LO1c-e P ILa, C erklAdministrator Si nature of 03122/2022 City Certification 03/09/2022 09:26 AM Adopted On FILED JOHNSON CO. IOWA MAR 2 5 2022 . COUNTY AUCat OR Mayes ignature of Certification Page 1 of 1 REVENUES & OTHER FINANCING SOURCES _ Total Budget as Certified or Last Amended Current Amendment Total Budget After Current Amendment Taxes Levied on Property 1 66,911,637 0 66,911,637 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 66,911,637 0 66,911,637 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 4,125,528 -142,188 3,983,340 Other City Taxes 6 2,706,502 0 2,706,502 Licenses & Permits 7 1,993,570 0 1,993,570 Use Money & Property 8 2,748,956 0 2,748,956 of Intergovernmental 9 50,118206 12,741,280 62,859,486 Charges for Service 10 49,896,555 0 49,896,555 Special Assessments 11 290 0 290 Miscellaneous 12 3,515,916 91,400 3,607,316 Other Financing Sources 13 13,209,742 -2,050,000 11,159,742 Transfers In 14 44,243,456 9,123,331 53366,787 Total Revenues & Other Sources 15 239,470,358 19,763,823 259,234,181 EXPENDITURES & OTHER FINANCING USES Public Safety 16 28,880,621 43,276 28,923,897 Public Works 17 11,534,982 99,600 11,634,582 Health Social Services 18 660,250 0 ' 660,250 and Culture and Recreation 19 16,781,281 0 16,781,281 Community Economic Development 20 12,864,919 20,441,237 33,306,156 and General Government 21 13,207,141 37,536 13,244,677 Debt Service 22 13,084,764 106,500 13,191,264 Capital Projects 23 54,034,592 60,000 54,094,592 Total Government Activities Expenditures 24 151,048,550 20,788,149 171,836,699 Business Type/Enterprise 25 77,600,358 4,666,868 82,267,226 Total Gov Activities & Business Expenditures 26 228,648,908 25,455,017 254,103,925 Tranfers Out 27 44,243,456 9,123,331 53,366,787 Total Expenditures/Transfers Out 28 272,892,364 34,578,348 307,470,712 Excess Revenues & Other Sources Over Expenditures/Transfers Out 29 -33,422,006 -14,814$25 -48236,531 (Under) Fund Balance July 1, 2021 30 142,049,779 64,714,802 206,764,581 Beginning Ending Fund Balance June 30, 2022 31 108,627,773 49,900,277 158,528,050 Explanation of Changes: Amendments include the review and modification of the 2022 CIP plan, the receipt of the second hal of Ole American Rescue Plan Act monies and corresponding expenditures, an adjustment to interest expense within debt service, and various other smaller amendments. Additional detail is file and available from the Iowa City Finance Department. on / ------,- .Q.LO1c-e P ILa, C erklAdministrator Si nature of 03122/2022 City Certification 03/09/2022 09:26 AM Adopted On FILED JOHNSON CO. IOWA MAR 2 5 2022 . COUNTY AUCat OR Mayes ignature of Certification Page 1 of 1 Resolution No. 27-75 Page 2 It was moved by Weiner and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter X Bergus X Harmsen X Taylor x Teague x Thomas X Weiner Item Number: 15. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT March 22, 2022 Resolution adopting the annual budget for the fiscal year ending June 30, 2023. Prepared By: Jacklyn Fleagle, Budget & Compliance Officer Reviewed By: Geoff Fruin, City Manager Nicole Davies, Finance Director Fiscal Impact: See memo below. Recommendations: Staff: Approval Commission: N/A Attachments: FY2023 Notice of Public Hearing and related schedules Resolution Executive Summary: On March 22, 2022, two public hearings are being held: one hearing will be held to take public input on the proposed amendment of the fiscal year 2022 (FY2022) budget, and one hearing will be held to take public input on the proposed fiscal year 2023 (FY2023) budget. Following the first public hearing, a resolution to amend the FY2022 Operating Budget will be considered. Following the second public hearing, a resolution to adopt the FY2023 Operating Budget and a resolution to approve the FY2022-2024 Financial Plan and 2022-2026 Capital Improvement Plan document will be considered. The FY2023 adopted budget must be certified by the Johnson County Auditor's office by March 31, 2022. Background /Analysis: The FY2022-2024 Financial Plan and 2022-2026 Capital Improvement Plan document was made available to City Council and the general public in December 2021. This document included the proposed FY2022 amended budget and the proposed FY2023 budget. This document detailed the proposed and amended budgets as submitted by the City Manager following an extensive budget process. The City Council held public work sessions in January and February 2022 to review and discuss the FY2022-2024 Financial Plan and 2022-2026 Capital Improvement Plan document. During these budget work sessions, the City Manager and the department directors presented their budget proposals and responded to questions from the City Council. The City Council also clarified and refined their budget priorities during these work sessions. The Resolutions to Amend the FY2022 Budget and to Adopt the FY2023 Budget and related schedules represent the programs and details that were included in the FY2022-2024 Financial Plan and 2022-2026 Capital Improvement Plan document. The Resolutions and related schedules also include any subsequent changes as directed by the City Council as well as corrections and adjustments identified by City staff. The related schedules for the FY2022 Amended Budget and the FY2023 Budget were made available to the public on March 1, 2022 and the Notices of Public Hearing for both were published on March 4, 2022, in accordance with state law to allow for public input. Financial Impact: Fiscal Year 2023 Proposed Budget On December 17, 2021, the FY2022-2024 Financial Plan and 2022-2026 Capital Improvement Plan document was delivered to the City Council and made available to the general public. Since that time, changes and adjustments were made by City staff to the proposed FY2023 budget. The changes to the FY2023 budget are summarized as follows: • Final property tax revenue calculations including gas & electric excise taxes and property tax backfill payments: ($43,967) General Fund revenue ($19,860) Employee Benefits Fund revenue ($ 1,189) Emergency Levy Fund revenue ($ 4,822) Transit Fund revenue ($13,852) Debt Service Fund revenue ($83,690) Total revenue impact • Transfers Out of the General Fund and Transfers In to the Transit Fund were reduced by $4,822. • SS MI D revenues and expenses increased in the amount of $105,036. The final proposed property tax levy rate for FY2023 is $15.633 per $1,000 of taxable valuation; this is unchanged from the proposed levy rate presented in December. The FY2023 levy rate represents a $.04 decrease from Iowa City's FY2022 levy rate of $15.673 per $1,000 of taxable valuation. Starting with fiscal year 2013, the City's property tax levy rate has decreased for eleven consecutive years by a total of $2.21 or 12.38%. ATTACHMENTS: Description FY2023 Notice of Public Hearing and Related Schedules Resolution 2/17/2022 Local Government Property Valuation System NOTICE OF PUBLIC HEARING -- PROPOSED BUDGET Fiscal Year July 1, 2022 - June 30, 2023 City of: IOWA CITY The City Council will conduct a public hearing on the proposed Budget at: 28 S. Linn Street, The Center Meeting Date: 3/22/2022 Meeting Time: 06:00 PM At the public hearing any resident or taxpayer may present objections to, or arguments in favor of, any part of the proposed budget. This notice represents a summary of the supporting detail of revenues and expenditures on file with the City Clerk and County Auditor. City budgets are subject to protest. If protest petition requirements are met, the State Appeal Board will hold a local hearing. For more information, consult https://dom.iowa.gov/local-gov-appeals. The Budget Estimate Summary of proposed receipts and expenditures is shown below. Copies of the the detailed proposed Budget may be obtained or viewed at the offices of the Mayor, City Clerk, and at the Library. The estimated Total tax levy rate per $1000 valuation on regular property 15.63305 The estimated tax levy rate per $1000 valuation on Agricultural land is 3.00375 At the public hearing, any resident or taxpayer may present objections to, or arguments in favor of, any part of the proposed budget. Phone Number City Clerk/Finance Officer's NAME (319) 356-5050 Kellie Fruehling Budget FY 2023 Re -estimated FY 2022 Actual FY 2021 Revenues & Other Financing Sources Taxes Levied on Property 1 66,474,472 66,911,637 65,796,458 Less: Uncollected Property Taxes -Levy Year 2 0 0 0 Net Current Property Taxes 3 66,474,472 66,911,637 65,796,458 Delinquent Property Taxes 4 0 0 984,539 TIF Revenues 5 4,113,733 3,983,340 2,637,854 Other City Taxes 6 2,879,845 2,706,502 2,638,863 Licenses & Permits 7 2,010,130 1,993,570 2,552,515 Use of Money and Property 8 2,598,596 2,748,956 2,068,708 Intergovernmental 9 32,540,646 62,859,486 46,651,191 Charges for Fees & Service 10 50,693,274 49,896,555 46,088,053 Special Assessments 11 1,000 290 0 Miscellaneous 12 3,434,391 3,607,316 3,279,388 Other Financing Sources 13 28,084,168 11,159,742 12,840,361 Transfers In 14 48,821,852 53,366,787 49,044,374 Total Revenues and Other Sources 15 241,652,107 259,234,181 234,582,304 Expenditures & Other Financing Uses Public Safety 16 29,232,715 28,923,897 26,699,609 Public Works 17 12,026,575 11,634,582 10,743,050 Health and Social Services 18 680,058 660,250 571,000 Culture and Recreation 19 16,828,327 16,781,281 13,605,713 Community and Economic Development 20 9,454,723 33,306,156 8,240,426 General Government 21 12,142,950 13,244,677 9,585,285 Debt Service 22 12,952,813 13,191,264 14,652,318 Capital Projects 23 19,765,470 54,094,592 18,333,525 Total Government Activities Expenditures 24 113,083,631 171,836,699 102,430,926 Business Type / Enterprises 25 81,515,864 82,267,226 56,757,974 Total ALL Expenditures 26 194,599,495 254,103,925 159,188,900 Transfers Out 27 48,821,852 53,366,787 49,044,374 Total ALL Expenditures/Transfers Out 28 243,421,347 307,470,712 208,233,274 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 29 -1,769,240 -48,236,531 26,349,030 Beginning Fund Balance July 1 30 158,528,050 206,764,581 180,415,551 Ending Fund Balance June 30 31 156,758,810 158,528,050 206,764,581 https://dom-localgov.iowa.gov/budget-renderer?id=10724 1/2 2/17/2022 Local Government Property Valuation System https://dom-localgov.iowa.gov/budget-renderer?id=10724 2/2 Prepared by: Jacklyn Fleagle, Budget & Compliance Officer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5063 Resolution No. 22-76 Resolution adopting the annual budget for the fiscal year ending June 30, 2023. Whereas, a public hearing on the proposed budget for the fiscal year ending June 30, 2023 was held on March 22, 2022, at a regularly scheduled City Council meeting and public comments were received. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The annual budget for the fiscal year ending June 30, 2023, as set forth in the Adoption of Budget and Certification of Taxes and on the Adopted Budget Summary, together with the detailed budget in support thereof showing revenue estimates, appropriation expenditures, and program allocations for said fiscal year should be and hereby is adopted. 2. The City Clerk is hereby directed to make the filings required by law, and to set up the books in accordance with the summary and details, as adopted. Passed and approved this 22nd Attest: day of March It was moved by Alter , 2022. M and seconded by Approved by City Attorney's Thomas adopted, and upon roll call there were: Ayes: Nays: Absent: x X x x x x X Alter Bergus Harmsen Taylor Teague Thomas Weiner the Resolution be 3/25/22, 9:10 AM Local Government Property Valuation System FISCAL YEAR JULY 1, 2022 - JUNE 30, 2023 ADOPTION OF BUDGET AND CERTIFICATION OF CITY TAXES The City of: IOWA CITY County Name: JOHNSON COUNTY Adopted On: 322/2022 Resolution: 22-76 The below -signed certifies that the City Council, on the date stated above lawfu ly approved the named resolution adopting a budget for next fiscal year, as summarized on this and the supporting pages. TAXES LEVIED Purpose Dollar Limit With Gas & Electric Without Gas & Electric City Number: 52-483 Last Official Census: 74,828 Regular 2a 4,241,061,964 2b 4,197,044,002 DEBT SERVICE 3a 4,374,554,722 3b 4,330,536,760 Ag Land 4a 1401,705 TAXES LEVIED Purpose Dollar Limit ENTER FIRE DISTRICT RATE BELOW Request with Utility Replacement Property Taxes Levied Rate Regular General levy 8.10000 5 34,352,601 33,996,056 43 8.10000 Non -Voted Other Permissible Levies Contract for use of Bridge 0.67500 6 0 44 0.00000 Opr & Maint publicly owned Transit 0.95000 7 4,029,009 3,987,192 45 0.95000 Rent, Ins. Maint of Civic Center Amt Nec 8 0 46 0.00000 Opr & Moint of City owned Civic Center 0.13500 9 0 47 0.00000 Planning a Sanitary Disposal Project 0.06750 10 0 48 0.00000 Aviation Authority (undersec.330A.15) 0.27000 11 0 49 0.00000 Levee Imp-. fund in special charter city 0.06750 13 0 51 0.00000 Liability, property & self insurance costs Amt14 Nec 1,231,774 1,218,989 52 0.29044 Support ofa Local Emerg.Mgmt.Comm. Amt Nec 462 0 465 0.00000 Voted Other Permissible Levies Instrumental/Vocal Music Groups 0.13500 15 0 53 0.00000 Memorial Building 0.81000 16 0 54 0.00000 Symphony Orchestra 0.13500 17 0 55 0.00000 Cultural & Scientific Facilities 0.27000 18 0 56 0.00000 County Bridge As Voted 19 0 57 0.00000 Missi or Missouri River Bridge Const. 1.35000 20 0 58 0.00000 Aid to a Transit Company 0.03375 21 0 59 0.00000 Maintain Institution received by gift/devise 0.20500 22 0 60 0.00000 City Emergency Medical District 1.00000 463 0 466 0.00000 Support Public Library 0.27000 23 1,145,087 1,133,202 61 0.27000 Unified Law Enforcement 1.50000 24 0 62 0.00000 Total General Fund Regular Levies (5 thin 24) 25 40,758,471 40,335,439 Ag Land 3.00375 26 4,211 4,211 63 3.00375 Total General Fund Tax Levies (25 + 26) 27 40,762,682 40,339,650 Special Revenue Levies Emergency (if general fund at levy limit) 0.27000 28 848,212 839,409 64 0.20000 Police & Fire Retirement Amt Nec 29 3,978,964 3,937,667 0.93820 FICA & IPERS (if general fund at levy limit) 'fit Nec 30 3,864,074 3,823,969 0.91111 Other Employee Benefits ''rat Nec 31 6,339,709 6,273,909 1.49484 Total Employee Benefit Levies(29,30,31) 32 14,182,747 14,035,545 65 3.34415 Sub Total Special Revenue Levies (28+32) 33 15,030,959 14,874,954 As Re 9 With Gas & Elec Valuation Without Gas & Flee Valuation SSMID 1 213,356,396 213,356,396 34 426,713 426,713 66 2.00000 SSMID 2 20,018,659 20,018,659 35 100,093 100,093 67 4.99999 SSMID 3 0 0 36 0 68 0.00000 SSMID 4 0 0 37 0 69 0.00000 SSMID 5 0 0 555 0 565 0.00000 SSMID 6 0 0 556 0 566 0.00000 SSMID 7 0 0 1177 0 1179 0.00000 SSMID8 0 0 1185 0 1187 0.00000 Total Special Revenue Levies 39 15,557,765 15,401,760 Debt Service Levy 76.10(6) Amt Nec 40 10,842,159 10,733,062 70 2.47846 Capital Projects (Capital Improv. Reserve) 0.67500 41 0 71 0.00000 Total Property Taxes (27+39+40+41) 42 67,162,606 66,474,472 72 15.63305 Lsa https://dorn-localgoviowa.gov/budget-rendereaid=10724 (Date) lamsAP ( County Auditor ) ate 1/20 Item Number: 16. 1 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT March 22, 2022 Resolution approving the three-year Financial Plan for the City of Iowa City, Iowa, and the five-year Capital Improvement Plan. Prepared By: Jacklyn Fleagle, Budget & Compliance Officer Reviewed By: Geoff Fruin, City Manager Nicole Davies, Finance Director Fiscal Impact: See Memo Below Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: On March 22, 2022, two public hearings are being held: one hearing will be held to take public input on the proposed amendment of the fiscal year 2022 (FY2022) budget, and one hearing will be held to take public input on the proposed fiscal year 2023 (FY2023) budget. Following the first public hearing, a resolution to amend the FY2022 Operating Budget will be considered. Following the second public hearing, a resolution to adopt the FY2023 Operating Budget and a resolution to approve the FY2022-2024 Financial Plan and 2022-2026 Capital Improvement Plan document will be considered. The FY2023 adopted budget must be certified by the Johnson County Auditor's office by March 31, 2021. Background /Analysis: The FY2022-2024 Financial Plan and 2022-2026 Capital Improvement Plan document was made available to City Council and the general public in December 2021. This document included the proposed FY2022 amended budget and the proposed FY2023 budget. This document detailed the proposed and amended budgets as submitted by the City Manager following an extensive budget process. The City Council held public work sessions in January and February 2022 to review and discuss the FY2022-2024 Financial Plan and 2022-2026 Capital Improvement Plan document. During these budget work sessions, the City Manager and the department directors presented their budget proposals and responded to questions from the City Council. The City Council also clarified and refined their budget priorities during these work sessions. The Resolutions to amend the FY2022 Budget and to adopt the FY2023 Budget and related schedules represent the programs and details that were included in the FY2022-2024 Financial Plan and 2022-2026 Capital Improvement Plan document. The Resolutions and related schedules also include any subsequent changes as directed by the City Council as well as corrections and adjustments identified by City staff. The related schedules for the FY2022 Amended Budget and the FY2023 Budget were made available to the public on March 1, 2022 and the Notices of Public Hearing for both were published on March 4, 2022, in accordance with state law to allow for public input. Financial Impact: Fiscal Year 2023 Proposed Budget On December 17, 2021, the FY2022-2024 Financial Plan and 2022-2026 Capital Improvement Plan document was delivered to the City Council and made available to the general public. Since that time, changes and adjustments were made by City Council and by City staff to the proposed FY2023 budget. The changes to the FY2023 budget are summarized as follows: • Final property tax revenue calculations including gas & electric excise taxes and property tax backfill payments: ($43,967) General Fund revenue ($19,860) Employee Benefits Fund revenue ($ 1,189) Emergency Levy Fund revenue ($ 4,822) Transit Fund revenue ($1 3,852) Debt Service Fund revenue ($83,690) Total revenue impact • Transfers Out of the General Fund and Transfers In to the Transit Fund were reduced by $4,822. • SS MI D revenues and expenses increased in the amount of $105,036. The final proposed property tax levy rate for FY2023 is $15.633 per $1,000 of taxable valuation; this is unchanged from the proposed levy rate presented in December. The FY2023 levy rate represents a $.04 decrease from Iowa City's FY2022 levy rate of $15.673 per $1,000 of taxable valuation. Starting with fiscal year 2013, the City's property tax levy rate has decreased for eleven consecutive years by a total of $2.21 or 12.38%. ATTACHMENTS: Description Resolution Prepared by: Jacklyn Fleagle, Budget & Compliance Officer, 410 E. Washington St., Iowa City, IA 52240; 319-356- 5063 Resolution No. 22-77 Resolution approving the three-year Financial Plan for the City of Iowa City, Iowa, and the five-year Capital Improvement Plan. Whereas, the City Council of the City of Iowa City deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt a three-year Financial Plan for operations and a five-year Capital Improvement Plan budget; and Whereas, the three-year Financial Plan and multi-year Capital Improvement Plan are subject to annual review and revisions; and Whereas, a public hearing was held on March 22, 2022, at a regularly scheduled City Council meeting and public comments were received. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City Council of the City of Iowa City does hereby adopt the three-year Financial Plan for the Fiscal Years 2022 through 2024 and the five-year Capital Improvement Plan 2022 - 2026. 2. This Resolution is an expression of the Council's legislative intent for planning future operation and capital improvements for the City of Iowa City, Iowa; and the anticipated means of financing said plan, subject to applicable laws. Passed and approved this 277-a day of Marrh , 2022. Approved by: City Attorney' Office — 03/16/22 Ile Resolution No. 27-77 Page 2 It was moved by Weiner and seconded by Bergus the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter X Bergus X Harmsen x Taylor x Teague x Thomas x Weiner Item Number: 18. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT March 22, 2022 Resolution repealing Resolutions 83-223, 99-385, 00-117, 06-54, 10-47, 15- 300, and 18-143, and approving City Council Procedural Rules for the City of Iowa City. Prepared By: Eric R. Goers, City Attorney Reviewed By: Geoff Fruin, City Manager Kellie Fruehling, City Clerk Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution City Council Procedural Rules for the City of Iowa City Executive Summary: State Code and our City Charter allow Council to adopt rules governing their business meetings. Over the course of time, the City has passed a number of resolutions instituting rules of one form or another, but they have not been easily located. Council is now adopting a new set of rules, and repealing and replacing seven older resolutions. Background /Analysis: Over the course of several months, Council has received public comment and publicly debated several sets of draft rules. The rules attempt to balance the desire of members of the public to be heard by Council and for Council to hear them, with the necessity for Council to perform the business of the City at their business meetings. ATTACHMENTS: Description Resolution Council Procedural Rules Prepared by: Eric R. Goers, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution Number 22-78 Resolution repealing Resolutions 83-223, 99-385, 00-117, 06-54, 10-47, 15-300, and 18-143, and approving City Council Procedural Rules for the City of Iowa City. Whereas, Iowa State Code 372.13(5) and Iowa City Charter 2.09 make clear that the Council may adopt its own rules, including for governing business meetings; and Whereas, over the course of time, the City has passed a number of resolutions instituting rules of one form or another, but they have not been easily located; and Whereas, the City, and members of the public, would benefit from a single set of rules governing Council meetings; and Whereas, over the course of several months, Council has received public comment and publicly debated several sets of draft rules; and Whereas, Council has now finalized the attached City Council Procedural Rules for the City of Iowa City (Rules); and Whereas, this set of Rules replaces the following resolutions, which should be repealed: • 83-223 Adopting a policy regarding service by Council Members on boards of agencies funded by the City; and • 99-385 Establishing time and place of formal meetings; and • 00-117 Adopting a rule regarding the effect of a Council Member abstention; and • 06-54 Establishing a procedure for calling a special Council meeting; and • 10-47 Establishing a rule for electronic participation in Council meetings; and • 15-300 Establishing a policy regarding the appointment of spouses of Council Members and current members of any City board or commission to boards and commissions; and • 18-143 Setting the order of business for formal Council meetings; and Whereas, the City and all residents would benefit from the adoption of this single set of rules governing Council meetings. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Resolutions 83-223, 99-385, 00-117, 06-54, 10-47, 15-300, and 18-143 are hereby repealed. 2. Any other prior rules, procedures, or resolutions addressing City Council meetings are hereby repealed to the extent that they conflict with the attached City Council Procedural Rules for the City of Iowa City. 3. The attached City Council Procedural Rules for the City of Iowa City is hereby adopted. Resolution No. 22-78 Page 2 Passed and approved this 22nd Attest: day of March, 2022. Jr- I..C9 Approved by City Attorney's,Z ffice - 03/15/22 It was moved by Taylor and seconded by Bergus Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter X Bergus X Harmsen X Taylor x Teague x Thomas Weiner the City Council Procedural Rules for the City of Iowa City (adopted in Resolution No. 22- 78 ) Part I. General Provisions Rule 1. Scope of Rules. These rules shall govern the conduct of the Council and shall be interpreted to ensure fair and open deliberations and decision making. Rule 2. Robert's Rules of Order Adopted. The rules of parliamentary practices comprised in the current edition of "Robert's Rules of Order", as amended, shall govern the sessions of the City Council in all cases in which they are applicable and where they are not inconsistent with the standing rules of the City Council or the laws of the State. Iowa City Code 1-5-6(A). Per City Charter Section 2.09, the Council may determine its own rules and shall maintain records of its proceedings consistent with state law. Rule 3. Matters Not Covered. Any matter or order or procedure not covered by these rules shall be referred to the Presiding Officer (typically the Mayor or Mayor Pro Tem), who shall decide the matter with the assistance and advice of the City Attorney or his or her representative in conformity with the purpose of these rules in a fair and expeditious manner. The decision of the Presiding Officer may be reversed only by a majority vote of the Council. Rule 4. Interpretation. These rules are intended to supplement and shall be interpreted to conform with the statutes of the State of Iowa and the ordinances of the City of Iowa City. Part II. Time and Place of Meeting Rule 5. Regular Meetings. Formal Council meetings shall be held on the first and third Tuesday of each month excluding holidays, in Emma.' Harvat Hall, City Hall of Iowa City, Iowa starting at 6:00 o'clock p.m., Central Standard Time, or Central Daylight Time, whichever is in effect in the City of Iowa City at the time of said meeting. Work Session meetings are held on the same day as Formal meetings, starting at 4:00 p.m. Work Session meetings are for discussion by Council and guidance to City staff, but no formal votes or actions are taken. Meeting dates, times, and locations may be changed, or the meeting waived, by the Mayor. Decisions regarding scheduling of meetings may be reversed by a majority vote of the Council. Rule 6. Special Meetings. Special meetings (Formal or Work Session) may be called by the Mayor or by any three Council Members. A call for a special meeting shall be communicated to the City Clerk in writing unless the announcement of the special meeting is made at a regular meeting. If the call for the meeting was not made at a regular meeting, the following shall apply: • Notice of the calling of a special Council meeting shall be in writing and shall include the time and place of said meeting, the business to be conducted at said meeting, and the person or persons calling said meeting. • Notice shall be served on each Council Member at least twenty-four (24) hours prior to the time of said meeting by delivering a copy thereof to the Council Member electronically at the email address as shown by the records of the City Clerk. • Provisions for the call, notice, or time of service may be waived if the entire Council shall consent in writing thereto. • Provisions of the method of service may be waived by the individual Council Member affected thereby. Rule 7. Quorum. A majority of all Members elected to the City Council shall constitute a quorum for transaction of business. Part III. Agenda Rule 8. Preparation of Agenda. Prior to each regular or special Council meeting the City Clerk shall publish an Agenda which contains all items the Council anticipates acting upon at the meeting. Rule 9. Consent Agenda. In preparing an Agenda the City Clerk shall separately designate items as "Consent Agenda" which may be acted upon by the Council under these Rules. All items on the "Consent Agenda" shall consist of routine, non -controversial items which in the City Manager's determination can be appropriately considered in bulk at the Council meeting. If the Mayor or any Council Member specifically requests that any of the items be considered separately, these items will be removed and considered later on the Agenda. Rule 10. Agenda Items. The Mayor, at least three Council Members, the City Manager, the City Attorney, or the City Clerk may have an item included upon the Agenda by requesting the City Clerk to include the item. Rule 11. Sponsor Required. The City Clerk shall not place upon the Agenda any matter for reconsideration unless sponsored by a Council Member who voted on the originally prevailing side. Part IV. Conduct of Meetings Rule 12. Call to Order. The Mayor or Mayor Pro Tem shall call the meeting to order at the appointed hour. In the absence of the Mayor or Mayor Pro Tem the City Clerk shall call the meeting to order and a temporary Presiding Officer shall then be selected under Rule 14. Rule 13. Roll Call. Before proceeding with the business of the Council, the City Clerk shall call the roll of Council Members present and enter those named in the minutes. Rule 14. Presiding Officer. The Mayor, or in the Mayor's absence or incapacity, the Mayor Pro Tem, shall be the Presiding Officer at all Council meetings. If both the Mayor and Mayor Pro Tem are absent the most senior Council Member present shall preside. In the event two or more Council Members equally possess the greatest seniority then the eldest person among them shall preside. Rule 15. Control of Discussion. The Presiding Officer shall control discussion of the Council on each Agenda item to assure full participation by the Council in accordance with these rules. Rule 16. Order of Consideration of Agenda. Except as otherwise provided in these rules, each Agenda item shall be considered in the numerical order assigned by the City Clerk. Each Agenda item shall be separately announced by the Presiding Officer, for purposes of discussion and consideration. The entire Consent Agenda shall be considered a single item. Except as otherwise ordered by the Mayor or a majority of City Council, the order of the Agenda shall be as follows: 1. Roll Call 2. Mayor's Proclamations 3. Consent Agenda 4. Community Comment (for a length determined by the Presiding Officer) 5. Planning and Zoning Matters: hearings, recommendations, ordinances and resolutions, with the exception of setting public hearings which shall be on the Consent Calendar 6. Other Public Hearings 7. OtherOrdinances 8. OtherResolutions 9. City Council Information 10. City Manager, Deputy City Manager, City Attorney, and City Clerk Report 11. Adjournment Rule 17. Presiding Officer's Right to Speak Last. The Presiding Officer has the right to close debate and speak last on any item. Part V. Public Participation Rule 18. Public's Right to Address Council. Persons other than Council Members shall be permitted to address the Council only upon specific Agenda items, and only at Formal Council meetings. No public comment is allowed at Council Work Session meetings unless the person(s) is directly invited by the Mayor or a majority of Council. Rule 19. Manner of Addressing Council. At each Formal Council meeting, a person desiring to address the Council shall step to the podium, state their name, the city or town where they reside, and any group they represent, and speak clearly into the microphone. They shall also legibly write their full name and city or town of residence on the speaker log. At all public hearings, each speaker who has a special right to object by virtue of their address shall be required to provide their address and group affiliation (if any). If electronic participation in the meeting is permitted by Council, the person shall use the prescribed method for comments. Rule 20. Time Limit on Public Comments. Persons wishing to address Council shall be limited to no more than three minutes speaking time per Agenda item on which the public is allowed to speak, unless additional or less time is determined by the Presiding Officer, based on the number of persons wishing to speak and/or the length of the Council meeting. Total public input on any agenda item can be further limited to a fixed period by the Presiding Officer. A majority vote of the Council may alter the time limitations of this rule. For planning and zoning matters, applicants and/or their representatives shall not be subject to this time limitation but may instead have reasonable time limits imposed by the Presiding Officer. Rule 21. Public Comments to Be Germane. Public comments must relate directly to the subject under consideration. The Presiding Officer shall rule on the germaneness of public comments. While Council absolutely respects the public's First Amendment rights when addressing Council, speakers are most persuasive when they make substantive arguments supported by facts. Persons making non - germane remarks during any portion of the meeting or engaging in any action that impedes the orderly conduct of a Council meeting shall not be recognized by the Presiding Officer during the remainder of the meeting. To ensure the meeting is conducted orderly and free from interference or interruption, the Presiding Officer is vested with exclusive discretion to review and determine whether remarks or actions meet any prohibited terms of this rule. Arguing with the Presiding Officer about any determination will be considered per se disruptive. Rule 22. Rules of Conduct. The following rules are adopted for the conduct of those attending Council meetings: • Only persons recognized by the Presiding Officer will be allowed to speak. The Council wishes to hear from members of the public as part of respectful, civil debate and ensure that members of the public do not feel bullied or intimidated These rules are intended to promote an orderly and dignified system of conducting a public meeting, to give every interested person an opportunity to be heard without being chilled from doing so, and to ensure that no individual is deprived of their right to petition their government. Applause is permitted following proclamations and special recognitions. • All remarks must be addressed to the Council as a body, and not toward any City employee or Council Member individually. • Public comment is intended so that members of the public may be heard by Council. In order to comply with open meetings laws and proper meeting procedure, Council cannot engage in discussion or debate until the appropriate time for Council discussion. However, once the commenter has left the podium, Council may ask staff to respond to a concern or question posed by the public, or to follow up with the speaker. • Persons may address each agenda item only once. • Organized groups that wish to make a presentation longer than the public comment period time allows may consolidate the speaking time of persons who are present and willing to give up their speaking time on the subject agenda item. Said consolidation may result in no more than six minutes of speaking time for any single speaker. • No person shall be permitted to enter the demarcated area in front of or behind Council Members without the permission of the Presiding Officer. Rule 23. Failure to Follow Council Rules. To enable the Council to transact the business of the City and conduct efficient meetings, persons other than Council Members who violate these rules and/or fail to follow the direction of the Presiding Officer on more than one occasion during a Council meeting shall face sanctions, including the following: • A verbal warning; or • Not being recognized to speak at the remainder of the same Council meeting; or • Being directed to leave the Council meeting; or • Being suspended from attending one or more subsequent Council meetings The Presiding Officer is empowered to make the determination of when violations have occurred, and to impose the appropriate sanction, which will normally be progressive in nature. Steps may be skipped if the violation is sufficiently egregious. Failure to adhere to sanctions imposed are grounds for additional sanctions. Part VI. Council Action Rule 24. Motion Required. All action requiring a vote shall be moved by a Council Member. Rule 25. Motion to Reconsider. A motion to reconsider must be made by a Council Member who was on the prevailing side in the original action. Rule 26. Call for Vote. At the conclusion of discussion, the Presiding Officer shall call for a vote, provided however, a majority of the Council may require a vote at any time. Rule 27. Action on Consent Agenda. Except as herein provided the "Consent Agenda" shall be considered in bulk and voted upon in a single motion. Any items upon which any Council Member wishes to speak shall be considered separately and not as a portion of any motion calling for action upon the remainder of the "Consent Agenda". Rule 28. Consideration Out of Order. With the consent of a majority of Council, any Agenda item may be considered out of order at the request of a Council Member. Part VII. Miscellaneous Rule 29. Motions. At any appropriate place on the Agenda any Council Member may make a motion for the Council to act upon any matter if the motion is germane to the matter under consideration. Rule 30. Waiver of Ordinance Readings. A Council Member may move the final passage of an ordinance, with waiver and suspension of the requirement that an ordinance must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed, by reciting the following motion: "I move that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the second consideration and vote be waived, and that the ordinance be voted on for final passage at this time." Rule 31. Suspension of Rules. These rules or any part hereof, may be suspended for a specific purpose by a two-thirds majority of the Council. Rule 32. Public Hearings. Any other rule to the contrary notwithstanding, unless required by statute or necessary to conform to proceedings required for a special purpose, a public hearing shall commence when declared open by the Presiding Officer and shall close when closed by the Presiding Officer or by other formal action of the Council. Rule 33. Informal Requests. A Council Member, before or during the consideration of any matter, or in the course of a hearing, may request and receive information, explanations or the opinions of the City Manager, City Attorney, City Clerk or any City employee. Rule 34. Electronic Participation. Unless it has been determined that the Council meeting must be entirely electronic, Council Members are encouraged to be physically present for all Council meetings. However, it is the policy of this Council to secure electronic participation by absent Council Members whenever it is physically feasible where such participation is necessary or desirable because of statutory voting requirements or the importance of the subject matter to the public. Notwithstanding this policy, unless the meeting is entirely electronic, in accordance with Iowa Code section 21.8 as amended, a majority of Council Members must be physically present for all Council meetings. Council Members intending to participate electronically shall alert the City Clerk to their intent as soon as practical. Although it is not required, Council may permit members of the public to participate by electronic means. All pertinent rules herein apply to those participating remotely. Rule 35. Abstentions. Pursuant to Section 380.4 of the State Code, in the absence of a conflict of interest, a Council Member who abstains is included for purposes of determining whether a measure has passed. Legal significance or effect must be given to a Council Member's abstention when the abstention is not required by a conflict of interest in order to prevent frustration or abuse of the legislative process. So, in order to assure that a Council Member must vote "no" in order to defeat a measure and may not do so by inaction, an abstention for reasons other than a conflict of interest shall be deemed a vote with the majority or, in cases of a tie vote, a vote in the affirmative. For purposes of this rule, the statement of a Council Member that the Council Member declines to vote by reason of a conflict of interest is conclusive. Rule 36. Appointments to City Boards and Commissions. The following persons shall not be eligible for appointment to, or continued service on, City Boards and Commissions: 1. ACouncil Member's spouse, domestic partner or partner by cohabitation, children, step- children, children for whom the Council Member assumes parental responsibility, mother, father, son-in-law, daughter-in-law, mother-in-law, father-in-law, step-parent, brother, sister, step -sibling, half -sibling, brother-in-law, sister-in-law, grandparent and grandchildren, aunt, uncle, niece, nephew, first cousin, foster parent, foster child, persons who are parents of the same child, and persons with whom the employee is in an intimate relationship. 2. A current member of a City Board or Commission, unless dual or joint memberships are provided for in the resolution, ordinance, or statute which creates the Board or Commission to which appointment is being made. 3. A current member of a comparable County Board or Commission, unless dual or joint memberships are provided for in the resolution, ordinance, or statute which creates the Board or Commission to which appointment is being made. In addition, each application for reappointment to a City Board or Commission will be considered without regard to incumbency. Except in unusual circumstances, an individual should be limited to one reappointment to a full term in order to increase the opportunities for new applicants to serve. Furthermore, because it is in the best interest of the Council and all residents that Council Members remain unbiased in their decision-making processes and avoid situations which might foster bias in favor of a human service agency seeking Council funding on whose board the Council Member serves, no Council Member shall serve as a member of the governing board of any human service agency which is funded by, or anticipates requesting funding from, the City of Iowa City. Item Number: 19. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT March 22, 2022 Resolution approving the appointment of Scott Lyon as Fire Chief in Iowa City, Iowa. Prepared By: Geoff Fruin, City Manager Reviewed By: Eric Goers, City Attorney Fiscal Impact: No impact Recommendations: Staff: Approval Commission: Civil Service Commission Certified the Recommendation 3-0 Attachments: Memo from City Manager Resolution Executive Summary: In September of 2021, the City Manager's Office commenced the recruitment process for the Fire Chief position. The Iowa City Home Rule Charter stipulates that the City Manager shall appoint the Fire Chief with the approval of the City Council. This item approves the City Manager's recommendation that Scott Lyon shall become Iowa City's Fire Chief effective April 4, 2022. Background /Analysis: A detailed memo outlining the recruitment process and recommendation was sent to the City Council and Civil Service Commission on March 10, 2022. That memo is attached for your reference. On March 16, the Civil Service Commission certified Scott Lyon in accordance with the City Manager's recommendation. Per the Iowa City Home Rule Charter, the City Council is required to provided final approval of the appointment of Mr. Scott Lyon as Fire Chief. ATTACHMENTS: Description Memo From City Manager Resolution � __ CITY OF IOWA CITY 4: .....ifilv-,k,A,, MEMORANDUM Date: March 10, 2022 To: Civil Service Commission and City Council From: Geoff Fruin, City Manager Re: Approval of Fire Chief Appointment Introduction: In anticipation of the February 11, 2022 retirement of Fire Chief John Grier, the City Manager's Office launched a recruitment process in the fall of 2021. The recruitment and hiring process was approved by the Civil Service Commission at its September 21, 2021 meeting. In the coming days, the Civil Service Commission will be asked to certify Mr. Scott Lyon as qualified for the position of Fire Chief in accordance with the Commission approved recruitment and hiring process. As required by the City Charter and assuming Civil Service Commission certification, I am also seeking the City Council's approval of my appointment of Mr. Scott Lyon to the Fire Chief position effective April 4, 2022. Recruitment Process: The first step in the recruitment process involved updating the job description and drafting the position announcement. The full position announcement was posted on the City's website and can still be viewed at https://www. icgov.org/city-government/departments-and-divisions/fire- department/fire-chief-recruitment. Application materials were disseminated in September 2021, and the position was advertised through the following outlets: • Firehouse • Iowa Fire Chiefs Association • International Association of Fire Chiefs • Women in Fire • Engaging Local Government Leaders (ELGL) • University of Iowa HireaHawk • GovDelivery (City of Iowa City news release) • Iowa Department of Human Rights • ICAD • NAACP • Iowa Vocational Rehab • ICR Talent Recruiter • Iowa Office for Persons with Disabilities and Native American Affairs • Facebook • Linkedln • NextDoor • Twitter • Craigslist March 11, 2022 Page 2 Application materials were received from twelve candidates by the original November 12th deadline. Due to the lower-than-expected number of applicants, the application deadline was extended approximately three weeks. In total, eighteen applications were received by the revised deadline of December 3rd With the assistance of the Human Resources Administrator and Deputy City Manager, I reviewed all the application materials (resume and cover letters) and determined nine candidates warranted further consideration based on the recruitment profile and the necessary qualifications. Next, each of the nine candidates received a short questionnaire. During this phase of the process, one candidate voluntarily withdrew from further consideration and one failed to respond to the questionnaire. The Human Resources Administrator, Deputy City Manager and I reviewed the remaining seven candidates and I selected five to advance to the semi-finalist interview phase. Each of the five semi-finalist candidates participated in virtual interviews. Joining me on the interview panel was Police Chief Dustin Liston, Deputy City Manager Redmond Jones and Johnson County Emergency Management Coordinator Dave Wilson. At the conclusion of the five interviews, I decided to advance three candidates to the finalist stage of the process. The names of the candidates were released publicly on Wednesday, February 9th The finalist stage took place in Iowa City on February 17th and 18th and included a public meet and greet session, as well as a second formal interview, meet and greet with Fire Department employees, and an informal meeting with area public safety executives. City Councilors Janice Weiner and Laura Bergus joined me on the second formal interview panel. I would like to specifically thank Coralville Fire Chief Orey Schwitzer, North Liberty Fire Chief Brian Platz and Johnson County Ambulance Director Fiona Johnson for dedicating a half day to meet each of the candidates in the public safety executive component of the finalist visit. The week following the finalist activities, I received feedback from participants in the process, including Fire Department staff members that took advantage of the two meet and greet opportunities. After final reflection, I commenced the background and reference check on Mr. Scott Lyon. A conditional offer of employment, pending approval by both the Civil Service Commission and City Council was accepted by Mr. Lyon on March 2, 2022. Recommendation: The appointment of a City Department Director is arguably the greatest responsibility that a City Manager holds. I take this task seriously and consider each appointment to be a direct reflection on my ability to successfully serve this city, which I am so fortunate to call home. After an extensive search process, it is without any hesitation that I recommend the Civil Service Commission certify, and the City Council approve, the appointment of Mr. Scott Lyon to the position of Fire Chief, effective April 4, 2022. Mr. Lyon currently serves as an Assistant Fire Chief in the community of Urbandale, Iowa. He has worked for the rapidly growing Urbandale community since 2014 and currently serves as the Accreditation Manager in addition to overseeing multiple facets of departmental operations. He has extensive experience working in a regional environment, including fostering automatic and mutual aid agreements and participating in regional emergency management efforts. Prior to working in Urbandale, Mr. Lyon served the City of Clive from 1998-2014. From 2005-2014 he served that community as Deputy Fire Chief and Training Officer. Mr. Lyon completed paramedic training at Mercy College of Health Sciences. He studied Fire Sciences at the Des Moines Area Community College and has a Bachelor Degree in Fire Service Administration from Waldorf College. In 2017, Mr. Lyon received a Master Degree in Organizational Leadership from Waldorf College. Additionally, Mr. Lyon has pursued numerous March 11, 2022 Page 3 professional certifications and specialized trainings that have helped him develop into a very well-rounded fire and emergency service professional. Mr. Lyon clearly articulated his strong belief that the Fire Department is an extension of the community. He has successfully demonstrated his commitment to an external facing department that aims to build trust and understanding through intentional relationship building and an unwavering commitment to serving all persons with the highest levels of respect and professionalism. This community relations approach to operations will serve the Iowa City Fire Department well and aligns with our increasing focus on community risk reduction. Mr. Lyon is recognized as a collaborator and I expect he will help forge new partnerships with the community, other City departments and regional public safety organizations. He understands the City's commitment to Diversity, Equity and Inclusion and stands ready to advance efforts in the Fire Department to further this strategic objective of the City Council. Lastly, it is very evident he cares deeply for his staff, both as professionals and as people. He will care for their physical and mental health and ensure they are adequately prepared to face the challenges of the job. I am confident that Mr. Lyon will enjoy the support of the Iowa City Fire Department staff. Through this process, I have heard many words of encouragement from staff as they welcome a new chapter in the storied history of the Iowa City Fire Department. They are eager to continue to grow as a team and embrace the many challenges that lie ahead. They will find My. Lyon to be an accessible leader that will set high expectations and support each and every person to achieve the City and Department strategic goals. I want to thank the staff that has been patient through this recruitment process. Times of transition can be very difficult and numerous individuals have stepped up to ensure the service demands from the public continue to be met with a high degree of professionalism and a strong desire to serve this community. I would like to specifically thank Deputy Chief Eric Nurnberg for his leadership as Interim Fire Chief. I look forward to answering any questions you have about the process or my appointment of Mr. Scott Lyon. Prepared by: Geoff Fruin, 410 E. Washington St, Iowa City. IA 52240 (319) 356-5010 Resolution No. 22-79 Resolution approving the appointment of Scott Lyon as Fire Chief in Iowa City, Iowa. Whereas, the City Manager's Office coordinated a recruitment process for the vacant position of Fire Chief; and Whereas, in accordance with Section 4.04(A)(3) of the Iowa City Home Rule Charter the City Manager shall appoint the Fire Chief with the approval of the City Council; and Whereas, the Civil Service Commission at its March 16, 2022 meeting certified the City Manager's recommendation of Scott Lyon; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the appointment of Scott Lyon as Fire Chief in Iowa City, Iowa is hereby approved. Passed and approved this 22nd day of March, 2022 Ma Attest: ( LE v ht City Clerk City AttorneOffice — 03/11/22 Approved by It was moved by Taylor and upon roll call there were: Ayes: X X X X X X x and seconded by Alter Nays: Absent: the Resolution be adopted, Alter Bergus Harmsen Taylor Teague Thomas Weiner j0. Item Number: 20. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT March 22, 2022 Resolution in support of the Ukrainian leaders and people as they defend against Russia's immoral and illegal massive military attack on the sovereign nation of Ukraine. Prepared By: Redmond Jones II, Deputy City Manager Reviewed By: Geoff Fruin, City Manager Fiscal Impact: no impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This resolution was drafted in consultation with members of the City Council and expresses clear support for Ukrainian leaders and people as they defend against the military attack from Russia. Background /Analysis: ATTACHMENTS: Description Resolution Prepared by: Redmond Jones 11, Deputy City Manager, 410 E Washington St., Iowa City, IA 52240; 319/356-5012 Resolution No. 22-80 Resolution in support of the Ukrainian leaders and people as they defend against Russia's immoral and illegal massive military attack on the sovereign nation of Ukraine. Whereas, Iowa City is a proud member of the global community, with rich connections around the globe through our immigrant community and the rich international connections of the University of Iowa and the University of Iowa Hospitals and Clinics; and Whereas, despite signing the "1997 Treaty of Friendship, Cooperation and Partnership" with Ukraine, the Russian Federation invaded and subsequently annexed the Crimean Peninsula in 2014; and Whereas, Russia's invasion of Crimea made clear it had no intention of complying with the "1997 Treaty of Friendship, Cooperation and Partnership", so it was allowed to expire in March of 2019; and Whereas, on February 24, 2022, the Russian Federation continued to be a bad actor on the world scene with even a more brazen and brutal invasion of Ukraine; and Whereas, Russian President Vladimir Putin has apparently ordered direct military actions against targets such as schools, hospitals, and civilians, including children and others who cannot defend themselves; and Whereas, Russian President Putin has fabricated lies about Ukraine, one of which alleges Ukraine is led by Nazis, even though the democratically elected President of Ukraine, Volodymyr Zelensky, is Jewish and lost relatives in the Holocaust; and Whereas, the people of Ukraine have the right to elect their own form of government and they have chosen the path of democracy and thus have the right to defend their way of life from an unprovoked attack by the Russian Federation; and Whereas, the attention of the world is riveted on the tragic events currently unfolding including the attack and takeover of a Ukraine's nuclear power plant potentially risking an environmental disaster with global impact; and Whereas, many nations of the world, including the governments of North Atlantic Treaty Organization (NATO), are imposing unprecedented economic sanctions on Russia and its leader President Putin. Now, therefore, be it resolved by the City Council of the City of Iowa City that we: 1. Condemn the immoral and illegal invasion of Ukraine. Resolution No. 22-80 Page 2 2. Support the swift and ongoing efforts of the President of the United States and the international community to stop this Russian invasion through economic sanctions against Russia and the provision of aid to Ukraine. Passed and approved this 22nd Attest: .if—.e 1' City Clerk It was moved by Weiner day of March , 2022. M Yor CC --D Approved by City Attorney's Office — 03/17/22 and seconded by Flnrmsen the Resolution be adopted, and upon roll call there was: Ayes: Nays: Absent: x Alter X Bergus Harmsen X Taylor X Teague x Thomas x Weiner