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HomeMy WebLinkAbout2022-06-06 ResolutionItem Number: 6.a. 1 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT June 6, 2022 Resolution approving an agreement with the Downtown District to allow the sale, consumption, and possession of beer and wine during the Block Party. Prepared By: Susan Dulek, FirstAss't. City Attorney Reviewed By: Rachel Kilburg, Ass't. City Manager Fiscal Impact: none Recommendations: Staff: Approval Commission: N/A Attachments: resolution agreement Executive Summary: The City Code allows non -profits to enter into agreements to sell alcohol and for customers to possess alcohol on City streets. This resolution approves the agreement with the Downtown District to sell beer and wine on downtown streets during the Block Party on June 25. The location of the Block Party is an exhibit to the agreement, and the agreement is substantially similar to last year. Background /Analysis: ATTACHMENTS: Description resolution agreement Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 22-139 Resolution approving an agreement with the Downtown District to allow the sale, consumption, and possession of beer and wine during the Block Party. Whereas, section 4-5-3D of the City Code allows private entities to sell and their customers to consume and possess alcohol in a city park and on public right-of-way under limited circumstances; and Whereas, Downtown District would like to be able to sell beer and wine in a demarcated area on City streets during the Block Party; and Whereas, it is in the City of Iowa City's interest to execute the attached agreement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is authorized to sign the attached agreement and any needed amendments. Passed and approved this 6th Attest: 1J day of June I City Clerk • , 2022. Approved by: 7 - City Attorcxsy's Office (Sue Dulek - 06/01/2022) Resolution No. 29-139 Page 2 It was moved by Bergus and seconded by Tay] or 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 Drafted by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240;319/356-5030 2022 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA CITY DOWNTOWN SELF - SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND WINE DURING THE BLOCK PARTY This Agreement is made between Iowa City Downtown Self Supported Municipal Improvement District, d/b/a Iowa City Downtown District ("District") and the City of Iowa City, a municipal corporation ("City"), in Iowa City, Iowa. WHEREAS, District is an "authorized entity" as that term is defined in section 4-5- 3D of the City Code; WHEREAS, District has applied for a license to sell beer and wine during the Block Party; and WHEREAS, the parties wish to enter into an agreement to allow District to sell beer and wine and to allow persons to possess and consume beer and wine under limited circumstances on downtown City streets. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1 Authorized Site. In consideration for District's promises herein, the City agrees to allow District control from 4:00 pm to 11:00 pm on June 25, 2022 an area as shown on the diagram which is attached, marked Exhibit A, and incorporated herein ("Block Party authorized site" or "authorized site") for purposes set forth herein. District must allow members of the public not participating in the event to walk through the authorized site on the sidewalk. 2. Term. This agreement shall be in effect only on June 25, 2022 for the Block Party. 3. Access. District shall take all reasonable steps to ensure that only persons over twenty-one (21) years of age have access to beer and wine. Said reasonable steps include, but are not limited to, ensuring that: a) all persons over twenty-one (21) years of age shall be provided a wrist band and an approved container upon purchase of beer or wine; and b) no one may possess an open container of beer or wine unless it is in an approved container and the person is wearing a wrist band. Approved container means a glass or cup that is approved by the City prior to the event. If the District observes anyone in possession of an open container of beer or wine (or any type of alcohol) that is not in an approved container or anyone in possession of an approved container with beer or wine who does not have a wrist band, the District shall immediately request that the person pour out the liquid. If the person refuses to do so, the District shall immediately contact the Iowa City Police Department. 4. License. This agreement is void if District does not have a license to sell beer and wine on the Block Party authorized site on June 25, 2021. 5. Sale of Beer/Wine and Alcohol Restrictions. District shall only sell beer and wine to a person who is over twenty-one (21) years of age. District acknowledges that the authorized sites are subject to all applicable alcohol restrictions in the City Code. 6. Advertisement. District shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site with the exception that signage may be placed on the interior and exterior tent walls. Sponsorship signage unrelated to businesses selling alcohol, beer, wine, or tobacco will be allowed. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized sites without any prior notice to determine compliance with the terms of this agreement. 8. Debris and Trash. District shall be solely responsible for collecting all debris and trash from the authorized sites, and the City shall then remove the debris and trash. If District fails to do so and if City staff has to collect the debris and trash from the authorized sites, District may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. No Smoking. Smoking is prohibited by City Code in City Plaza, aka the ped mall, but not in the alleys. Smoking is also prohibited by City Code on the sidewalk to the east of the Iowa City Public Library. Additionally, the use of electronic cigarettes is prohibited in these two areas. Electronic cigarette means vapor product as defined in Section 453A.1 of the Code of Iowa (2021). 10. Temporary Toilet Facilities and Hand Washing Stations. District shall provide at its sole cost thirty (30) temporary toilet facilities in the seven (7) locations shown on Exhibit A, including one (1) that is handicap accessible in five (5) locations. District shall further provide at its sole cost two (2) hand washing stations adjacent to the facilities unless the facilities themselves are equipped with hand washing stations. 11. Anchoring and Drilling. District shall not drill any holes into the pavement or the sidewalk and shall not anchor a tent tie down or pole to the pavement or the sidewalk. 12. Fencing. The authorized site shall be enclosed by fencing as approved by the City. 13. Security. District shall reimburse the City for the costs of an agreed upon number of officers, but not fewer than ten (10), at $75.00 per hour per officer from 4:00 pm to 11:00 pm on June 25, 2022 for the Block Party. Payment is due within thirty (30) days of receipt of an invoice. 14. Insurance. a) Premises Insurance. On June 25, 2022, District shall carry comprehensive general liability insurance for bodily injury and property damage on the authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. District shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. District shall notify the City 1 week before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. On June 25, 2022, District shall carry "dram shop" 2 b) Dram Shop Insurance. On June 25, 2022, District sha8 carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2021) In the amount of 51,000,000 (one million dollars). District shall provide 1 week notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. c) Governmental Immunities Endorsemeri) District shall obtain a governmental immunities endorsement that meets the requirements set forth on Exhibit 8, which is attached and Incorporated herein 16 Indemnification. District shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer on the authorizod site, whether sustained by any person or person. caused by accident or otherwise and shall defend at its own expense and on behalf of the City, its officers, employees and agents any claim against the City, its officers, employees, and agents arising out of the use of the authorized site or sale, consumption, or possession of beer on the authorized site. 17 Non -Discrimination. District shall not discriminate against any person in employment or public accommodation because of race, religion, cobr, creed, gender identity, sex, national engin, sexual orientation, mental or physical disabWity, marital status or age "Employment' shall include but not be limited to hiring, accepting, registering, dassifyin9 promoting, or refemng to employment. 'Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 18. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement 19 Assignment and Subletting District shall not assign or sublet this agreement without prior written approval of the City 20 Entire Agreement. This constitutes the whole agreement between the parties. and may be modified in writing only, duly signed by the parties. Dated, this 7 K, day of:InC 2022 IOWA CITY AND IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT AAA By: Nancy Bird, Executive Director THE CITY 0 soli F in, City Manager Approved b, C— 3 3 Downtown Block Party June 25, 2022 Set up begins at 4am, Activities will begin at 12pm, Full event begins at 4pm with open container- events ends at 11pm. The event area will be within the black line. Open container and the liquor license will cover this area. There will be 7 locations for portable toilets with a minimum of 30 in total, including ADA accessible locations. In addition, all of the restaurants and bars will allow their restrooms to be used. Iowa Ave, Clinton St, Dubuque St, Linn St & Washington St as shown will be entirely closed to traffic Access areas are identified by the blue ambulance icon Contact: Betsy Potter. 319-331-9557 EXHIBIT A • N EXHIBIT B Governmental Immunities Endorsement 1. Non -waiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Iowa City, Iowa as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Iowa City. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa, agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. Item Number: 6.b. 1 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT June 6, 2022 Resolution approving an agreement with Riverside Theatre to allow the sale of wine and beer under limited circumstances in City Park. Prepared By: Susan Dulek, FirstAss't. City Attorney Reviewed By: Geoff Fruin, City Manager Juli Seydell Johnson, Parks & Rec. Director Fiscal Impact: none Recommendations: Staff: Approval Commission: N/A Attachments: resolution agreeement Executive Summary: The City Code allows for agreements with non -profits to sell and their customers/patrons to possess alcohol in City parks and on City streets. This resolution approves an agreement with Riverside Theatre to allow alcohol during performances on Riverside Festival Stage in City Park in June and July. The agreement attached to the resolution is the same as last year. Background /Analysis: ATTACHMENTS: Description resolution agreement Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 22-140 Resolution approving an agreement with Riverside Theatre to allow the sale of wine and beer under limited circumstances in City Park. Whereas, section 4-5-3D of the City Code allows non-profit entities to sell, consume, and possess alcohol in a city park, on public right-of-way or on a city ground excluding public buildings under limited circumstances; and Whereas, Riverside Theatre would like to be able to sell beer and wine during performances from in June and July 2022 in a demarcated area in an around Riverside Festival Stage in City Park; and Whereas, it is in the City of Iowa City's interest to execute the attached agreement. Now, therefore, be in resolved by the City Council of the City of Iowa City, Iowa that: The City Manager is authorized to sign the attached agreement and any needed amendments. Passed and approved this 6th day of June, 2022. Attest: Approved by • City Attory's Office (Sue Dulek - 05/25/2022) Resolution No. 22-140 Page 2 It was moved by Bergus 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 Drafted by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Sl., Iowa City, IA 52240; 319/356-5030 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RIVERSIDE THEATRE TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND WINE IN CITY PARK This Agreement is made between Riverside Theatre (hereinafter "Riverside") and the City of Iowa City, a municipal corporation (hereinafter "City"), in Iowa City, Iowa. WHEREAS, Riverside is an "authorized entity" as that term is defined in section 4-5- 3D of the City Code; WHEREAS, Riverside has applied for a license to sell beer and wine for 119 E. College Street, Iowa City, Iowa and intends to apply to transfer said license to an area in City Park in and around the Riverside Theatre Festival Stage; and WHEREAS, the parties wish to enter into an agreement to allow Riverside to sell beer and wine and to allow persons to possess and consume beer and wine under limited circumstances in City Park during perfomrances. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. In consideration for Riverside's promises herein, the City agrees to allow Riverside control over an area south and east of the festival stage and the seating area as shown on the diagram, which is attached, marked Exhibit A, and incorporated herein ("authorized site"). 2. Term. This agreement shall commence on June 10, 2022 and shall expire on July 3, 2022. 3. Access. Riverside shall take all reasonable steps to ensure that every person on the authorized site has a ticket or invitation to that day's event or is an employee of, an independent contractor of, or volunteer for Riverside and shall exclude any person who is not. 4. License. This agreement is void if Riverside does not have a license to sell beer or wine on the authorized site at any time during the period of June 10, 2022 through July 3, 2022. 5. Sale of Beer/Wine. Riverside shall only sell beer or wine to a person who is over twenty-one (21) years of age and who has a ticket or invitation to that day's event or is an employee of, an independent contractor of, or a volunteer for Riverside. Further, Riverside shall only sell beer or wine from 6:00 pm to 10:00 on evenings of events, which weather permitting will be Thursdays through Sundays. 6. Advertisement. Riverside shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site. Notwithstanding any other provision, sponsorship signage unrelated to businesses selling alcohol, beer, wine, or tobacco will be allowed. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized site without any prior notice to determine compliance with the terms of this agreement. 8. Debris and Trash. Riverside shall be solely responsible for collecting all debris and trash from the authorized site, and the City shall then remove the debris and trash. If Riverside fails to do so and if City staff has to collect the debris and trash from the authorized site, Riverside may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. Insurance. a) Premises Insurance. From June 10, 2022 through July 3, 2022, Riverside shall carry comprehensive general liability insurance for bodily injury and property damage on the authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate, shall name the City as an additional insured, and shall include the Governmental Immunities Endorsement, a copy of which is attached, marked Exhibit B, and incorporated herein. Riverside shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. Riverside shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. From June 10, 2022 through July 3, 2022, Riverside shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2021) in the amount of $1,000,000 (one million dollars). Riverside shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. 10. Indemnification. Riverside shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer or wine on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of the authorized site or sale, consumption, or possession of beer or wine on the authorized site. 11. No Smoking. Smoking, including the use of electronic cigarettes, is prohibited in the authorized site, and Riverside shall post a no -smoking a sign at the front entrance to the authorized site and two signs inside the authorized site. The signs shall comply with Iowa Code Section 142D.6 (2021). Electronic cigarette means vapor product as defined in Section 453A.1 of the Code of Iowa (2021). 12. Non -Discrimination. Riverside shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 13. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 2 14. Assignment and Subletting. Riverside shall not assign or sublet this agreement without prior written approval of the City. 15. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. Date, this 71'6 day of June, 2022. RIVERSIDE THEATRE `% CLCD: c By: Irene Saha THE CITY OF IOWA CITY B GeoffFruin, Lity Manager Approve C --t9 c ,t <l City Attorney's Office 3 71n-75, °2701/ EXHIBIT B City of Iowa City, Iowa Governmental Immunities Endorsement 1. Non -waiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Iowa City, Iowa as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of govemmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, Iowa, shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Iowa City. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. Item Number: 6.c. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT June 6, 2022 Resolution amending the budgeted positions in the Accounting Division of the Finance Department by changing the job title of Senior Accounts Payable Clerk in grade 8 to Senior Accounts Clerk - Accounting, reclassifying the position of Account Clerk - Accounting to Senior Accounts Clerk - Accounting, and amending the AFSCME pay plan by deleting the position of Account Clerk - Accounting from grade 4 and changing the title of Senior Accounts Payable Clerk in grade 8 to Senior Accounts Clerk - Accounting. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Maximum increase in expenditures of approximately $10,000 per year to the General Fund Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The Accounting Division is reorganizing job duties to provide for a more even distribution of the workload and to allow for more cross training. This resolution converts one position in the AFSCME pay plan. Background /Analysis: In the fiscal year 2023 budget, the Accounting Division of the Finance Department has 1.0 FTE Account Clerk - Accounting position and 1.0 FTE Senior Accounts Payable Clerk position. These two positions together manage the accounts receivable, accounts payable, purchase card statements, and travel for the division. The proposed reorganization of the Accounting Division will convert the 1.0 FTE Account Clerk - Accounting position to a 1.0 FTE Senior Accounts Clerk - Accounting and the 1.0 FTE Senior Accounts Payable Clerk to a 1.0 FTE Senior Accounts Clerk - Accounting. With this change, the two Senior Accounts Clerks - Accounting will be able to share the current duties of the two prior positions. This will allow for the workload to be more evenly distributed and provide for more cross training, which helps to be able to answer questions and fill-in for absences. The proposed resolution amends the current AFSCME pay plan and the Fiscal Year 2023 budget to implement the reorganization of the Accounting Division. The maximum annual impact is an increase in General Fund expenditures of approximately $10,000. ATTACHMENTS: Description Resolution Prepared by: Nicole Davies, Finance Director, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5085 Resolution Number. 22-141 Resolution amending the budgeted positions in the Accounting Division of the Finance Department by changing the job title of Senior Accounts Payable Clerk in grade 8 to Senior Accounts Clerk — Accounting, reclassifying the position of Account Clerk - Accounting to Senior Accounts Clerk - Accounting, and amending the AFSCME pay plan by deleting the position of Account Clerk — Accounting from grade 4 and changing the title of Senior Accounts Payable Clerk in grade 8 to Senior Accounts Clerk — Accounting. Whereas, Resolution No. 22-76, adopted by the City Council on March 22, 2022 authorized budgeted positions in the Accounting Division of the Finance Department for Fiscal Year 2023; and Whereas, Resolution No. 21-111, adopted by the City Council on May 4, 2021, established a classification and compensation plan for AFSCME employees; and Whereas, it has been determined that the job title of Senior Accounts Clerk — Accounting better reflects the duties and responsibilities of the Senior Accounts Payable Clerk position; and Whereas, it has been determined that the needs of the Division would be better served by reclassifying the Account Clerk position to a Senior Accounts Clerk — Accounting position. Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The budgeted positions in the Accounting Division of the Finance Department be amended by: 1. Changing the job title of the Senior Accounts Payable Clerk position to Senior Accounts Clerk — Accounting. 2. Reclassifying the position of Account Clerk — Accounting, grade 4 to Senior Accounts Clerk — Accounting, grade 8. AFSCME pay plan be amended by: 1. Deleting the position of Account Clerk - Accounting from grade 4. 2. Changing the title of Senior Accounts Payable Clerk in grade 8 to Senior Accounts Clerk — Accounting. Passed and approved this 6th day of June 20 22 Mayr Approved by/ G City Attorne s Office (Jennifer Schwickerath — 05/23/2022) to u Resolution No. 22-141 Page 2 It was moved by Bergus and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter X Bergus X Harmsen Taylor x x Teague X Thomas X Weiner Item Number: 6.d. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT June 6, 2022 Resolution amending the budgeted positions in the Finance Administration Division of the Finance Department and the Administrative pay plan by deleting one full-time Budget and Compliance Officer position, grade 27 and adding one full-time Budget Management Analyst position, grade 26. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Maximum decrease in expenditures of approximately $10,000 per year to the General Fund Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This resolution will eliminate one, currently vacant, Budget and Compliance Officer position and adds one Budget Management Analyst position to the Finance Administration Division. The job duties of this position align with the job duties that are currently needed for the Finance Administration Division to run efficiently and effectively. Background /Analysis: In the fiscal year 2023 budget, the Finance Administration Division of the Finance Department has 1.0 FTE Budget and Compliance Officer position. This position is mainly responsible for assisting with preparation of the budget, assisting with debt compliance and supervising the I nternal Auditor/Budget Analyst position. Currently, the Internal Auditor/Budget Analyst is vacant and we intend to keep the position vacant for at least the next 6 months as we determine what the greatest needs are in the Finance Department. The debt compliance will be completed by the Finance Director and the Assistant Finance Director moving forward. Since the primary duty that is still needed is assisting with the preparation of the budget, we feel that a change in position to Budget Management Analyst is warranted. The proposed resolution amends the current Administrative pay plan and the Fiscal Year 2023 budget to implement the reorganization of the Finance Administration Division. The maximum annual impact is a decrease in General Fund expenditures of approximately $10,000. ATTACHMENTS: Description Resolution Prepared by: Nicole Davies, Finance Director, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5085 Resolution Number. 22-142 Resolution amending the budgeted positions in the Finance Administration Division of the Finance Department and the Administrative pay plan by deleting the one full-time Budget and Compliance Officer position, grade 27 and adding one full-time Budget Management Analyst position, grade 26. Whereas, Resolution No. 22-76, adopted by the City Council on March 22, 2022, authorized budgeted positions in the Finance Administration Division of the Finance Department for Fiscal Year 2023; 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 Budget and Compliance Officer position is currently vacant; and Whereas, it has been determined that the needs of the Division would be better served by replacing the Budget and Compliance Officer position with a Budget Management Analyst position. Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The budgeted positions in the Finance Administration Division of the Finance Department be amended by: 1. Deleting one full-time Budget and Compliance Officer position, grade 27. 2. Adding one full-time Budget Management Analyst position, grade 26 The Administrative pay plan be amended by: 1. Deleting the position of Budget and Compliance Officer from grade 27. 2. Adding the position of Budget Management Analyst to grade 26. Passed and approved this 6th Attest: Y City Clerk day of June , 20 22 I� Approved by • City Attorneys` 0 c (Jennifer Schwickerath - 05/23/2022) a Resolution No. 22-142 Page 2 It was moved by Bergus adopted, and upon roll call there were: AYES: 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: 6.e. 1 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT June 6, 2022 Resolution amending the budgeted positions in the Information Technology Services Division of the Finance Department by deleting one full-time Database Administrator position, grade 27 and adding one full-time Systems Engineer position, grade 28 and amending the Administrative pay plan by deleting the Database Administrator position from grade 27. Prepared By: Nicole Davies, Finance Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Maximum increase in expenditures of approximately $10,000 per year to the Information Technology Fund Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This resolution will eliminate one, currently vacant, Database Administrator position and adds one Systems Engineer position to the Information Technology Services Division. It has been determined that there is a greater need to have an additional Systems Engineer rather than a Database Administrator in order to keep the Information Technology systems of the City operating the most efficiently and effectively. Background /Analysis: In the fiscal year 2023 budget, the Information Technology Services Division of the Finance Department has 1.0 FTE Database Administrator and 1.0 FTE Systems Engineer. It has been determined that to be able to provide the best support to our internal operations, that there is a greater need for an additional Systems Engineer. The work load for the entire Information Technology Services Division has grown due to growth in the areas of software, hardware and security. The fiber plant continues to grow due to enhanced connectivity to city buildings and the collaboration projects. The infrastructure supporting remote work and bring your own device is growing at a rapid rate. The Database Administrator responsibilities are important to the Information Technology Services Division. The database administration will be taken over by Information Technology management team members for now. The end point security and management responsibilities will be transferred from the ITS Coordinator and Sr. Systems Engineer to the new Systems Engineer. The responsibilities of the PC Technician, Systems Engineers and Phone and Network Analyst will be realigned to provide a better support experience to our internal customers. The proposed resolution amends the current Administrative pay plan and the Fiscal Year 2023 budget to implement the reorganization of the Information Technology Services Division. The maximum annual impact is an increase in Information Technology Fund expenditures of approximately $10,000. ATTACHMENTS: Description Resolution Prepared by: Nicole Davies, Finance Director, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5085 Resolution Number. 22-143 Resolution amending the budgeted positions in the Information Technology Services Division of the Finance Department by deleting the one full-time Database Administrator position, grade 27 and adding one full-time Systems Engineer position, grade 28 and amending the Administrative pay plan by deleting the Database Administrator position from grade 27. Whereas, Resolution No. 22-76, adopted by the City Council on March 22, 2022, authorized budgeted positions in the Information Technology Division of the Finance Department for Fiscal Year 2023; 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 Database Administrator position is currently vacant; and Whereas, it has been determined that the needs of the Division would be better served by replacing the Database Administrator position with a Systems Engineer position. Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: The budgeted positions in the Information Technology Division of the Finance Department be amended by: 1. Deleting one full-time Database Administrator position, grade 27. 2. Adding one full-time Systems Engineer position, grade 28 The Administrative pay plan be amended by deleting the position of Database Administrator from grade 27. Passed and approved this 6th day of June ayo 1 Attest: ( �.1,�..t I�j Yet t,l� l tlti c' City Clerk r It was moved by Bergus ,2022 and seconded by Approved b City AttorrOy s Office (Jennifer Schwickerath — 05/24/2022) 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: 6.f. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT June 6, 2022 Resolution authorizing the procurement of four (4) snow plow truck chassis for Streets Operations. Prepared By: Dan Striegel, Equipment Superintendent Reviewed By: Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $397,672.00; funds for this purchase are available in the Equipment Replacement Fund account #81710520 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: At the June 6, 2022 City Council meeting, consideration will be given to a resolution authorizing the purchase, for scheduled replacement, of four (4) snow plow truck chassis for Streets Operations. Request for Bid #22-549 was released on April 20, 2022 via the City of Iowa City bidding software Ion Wave. The City received one bid from Truck Country and one bid from Thompson Truck and Trailer. The lowest bid received was from Truck Country in Cedar Rapids, IA at $99,418.00 each. Total purchase price is $397,672.00 and funds are available in the Equipment Replacement Fund account 81710520. New chassis delivery is projected to be July 2023 or later due to current supply chain issues. The snow plow body packages will be procured under separate order. Background /Analysis: The Streets Division utilizes fourteen snow plow trucks for winter operations. These new trucks will be replacing four 2013 model year plow trucks in the fleet that have reached their life expectancy. ATTACHMENTS: Description Resolution Prepared by: Dan Striegel, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52246 (319) 356-5197 Resolution No. 22-144 Resolution authorizing the procurement of four (4) snow plow truck chassis for Streets Operations. Whereas, four (4) snow plow trucks are budgeted for replacement in Fiscal Year 2024; and Whereas, Request for Bid 22-549 will be utilized for the purchase of the four cab and chassis trucks totaling $397,672.00; and Whereas, the City's purchasing policy requires City Council to approve purchases for Goods and Services over $150,000.00; and Whereas, funds for this purchase are available in Equipment Replacement account #81710520; 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 effectuate the purchase including any amendments or change orders. Passed and approved this brh day of Tuna , 2022. It was moved by serous adopted, and upon roll call there were: Ayes: x x x x X X x Nays: Approved by City Attorney' &lice 05/31 /2022 and seconded by Taylor the Resolution be Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner Item Number: 6.g. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT June 6, 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 Strand Associates, Inc. to provide engineering consultant services for the Foster Road Elevation Project. Prepared By: Ethan Yoder, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $75,000.00, available in the Foster Road Elevation account #S3961 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Executive Summary: This project will develop functional design plans for the reconstruction of a portion of Foster Road from No Name Street to Dubuque Street. The design will include the elevation of this section of Foster Road to make it more resilient during flood events and reduce the likelihood of roadway closure and related neighborhood evacuations during future flood events. Background /Analysis: Foster Road currently serves as the single existing roadway means of access for the Peninsula neighborhood and surrounding area. When the Iowa River reaches major flood stages, a portion of Foster Road can become inundated and require closure of the roadway. During major past flood events that required the closure of Foster Road, the Peninsula neighborhood and surrounding area were evacuated due to a lack of access. This phase of the project includes the development of functional design plans. Future phases of the project will be needed to implement the changes, including final design and construction. ATTACHMENTS: Description Resolution Agreement Prepared by: Ethan Yoder Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5145 Resolution No. 22-145 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 Strand Associates, Inc. to provide engineering consultant services for the Foster Road Elevation Project Whereas, the City of Iowa City desires to raise Foster Road as it is the single means of access for the Peninsula neighborhood, flooding requires the neighborhood to be evacuated; and Whereas, this project will raise the elevation of Foster Road above the 500 year flood level plus one (1) foot; and Whereas, the City of Iowa City desires the services of a consulting firm to prepare functional design for construction of the Foster Road Elevation Project; and 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, the City of Iowa City has negotiated an Agreement for said consulting services with Strand Associates, Inc., to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Strand Associates, Inc.; and Whereas, funds for this project are available in the Foster Road Elevation account #S3961. 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. Passed and approved this 6th day of June 2022 r Attest: 0 0_1(' l� City Clerk Approved by City Attorney's Office Sara Greenwood-Hektoen - 06/02/2022) Resolution No. 22-145 Page 2 Bergus It was moved by and seconded by adopted, and upon roll call there were: Ayes: Taylor Nays: Absent: x Alter x Bergus x Harmsen x Taylor x Teague X Thomas x Weiner the Resolution be Consultant Agreement This Agreement, made and entered into this 6th day of June , 2022, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Strand Associates, Inc.®, of Madison, Wisconsin, hereinafter referred to as the Consultant. Whereas, the City is considering whether to reconstruct and raise up to 2,200 feet of Foster Road from Dubuque Street to Calibria Street (hereinafter "Project") due to flooding of the roadway during Iowa River high water events, and; Whereas, the City desires to obtain the services of a qualified consulting firm to provide functional design services to assist with identifying project funding and providing a schedule for the reconstruction for the Foster Road Reconstruction Project, and; Whereas, the City will then use this function design information to determine whether construction of the Project will be possible without negatively impacting the flooding risks in the surrounding area; and 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 the City has negotiated an Agreement for said consulting services with Consultant, to provide said services, and; Whereas, it is in the public interest to enter into said Consultant Agreement with Consultant, and; Whereas, funds are available in the Foster Road Reconstruction Project, Account Number S3961, and; 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. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Phase 1—Initial Project Elements, Data Collection, and Improvement Alternatives A. Conduct a virtual kickoff meeting with the City to discuss project scope, City's previous flooding studies, and potential street and utility improvements. B. Review available existing City -provided information, record drawings, flood mitigation studies, geographic information system (GIS ) data, and the City's planimetric data and utility information. Conduct up to three days of topographic survey along the project corridor from Dubuque Street to Calibria Street (approximately 2,200 linear feet) within the existing right-of-way. -2 - Contact Iowa One Call for field marking the locations of existing utilities prior to topographic survey and request public and private utility mapping. D. Review HDR's existing flood mitigation study provided by the City regarding the Iowa River in this area and the study's potential Foster Road elevation above the 500 -year floodplain elevation. New floodplain modeling is not anticipated or included in these services. The design is anticipated to raise the roadway eight feet to be one foot above the 500 -year floodplain elevation as provided in HDR's report. E. Develop up to two roadway typical sections and prepare conceptual drawings of each. F. Develop a base map summarizing the proposed limits of construction and utility replacements. Develop a list of utility, roadway, and right-of-way items to be resolved by City prior to proceeding in functional design. G. Conduct an in-person design workshop with City Engineering Division to review the base map, conceptual typical sections, and remaining items to be resolved. Phase 2—Functional Design and Opinion of Probable Costs A. Develop preliminary plan and profile street and utility drawings. Design elements will include roadway profiles, sidewalk, up to eight curb ramps, curb and gutter, and public utility modifications at a ten percent design concept level. B. Provide conceptual drawings to private utilities for their review and incorporate private utility work plans in the functional design documents, if provided. C. Conduct a virtual initial plan review meeting with the City before proceeding with the remaining functional design elements. Address the City comments and update the design elements, as needed. D. Evaluate up to two construction staging and phasing options to maintain traffic during construction. E. Develop a budgetary opinion of probable design and construction cost for the project. Assist the City in identifying potential funding opportunities. F. Develop a potential design and construction schedule for the project. G. Update deliverables following City review and comment including the plan and profile drawings, opinions of probable design and construction costs, and potential design and construction schedules. Service Elements Not Included The following services are not included in this Agreement. If such services are required, they will be provided through a separate agreement or through an amendment to this Agreement. A. Geotechnical Services E. Final Design Services (Including B. Agency Coordination Services Drawings and Specifications) C. Business and Stakeholder Outreach F. Storm Sewer Modeling D. Floodplain Modeling G. Traffic Signal Modeling/Modifications 11. Time of Completion -3 - The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Scope Item Kickoff Meeting Survey Design Workshop Initial Plan Review Meeting Draft Deliverables Final Deliverables Contract Completion Anticipated Milestone Completion June 17, 2022 June 30, 2022 July 15, 2022 August 12, 2022 September 16, 2022 October 21, 2022 November 30, 2022 III. Compensation for Services Compensation shall be based on performing the Scope of Services on an hourly rate basis plus expense for an estimated not -to -exceed fee of $75,000, in accordance with the hourly fee schedule below. IV. Principal Senior Project Engineer Project Engineer Junior Project Engineer Technicians Administrative General Terms Hourly Billing Rates* $285 to $350 $220 to $280 $150 to $230 $120 to $160 $100 to $140 $ 90 to $100 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 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. 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. -4- 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 services set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. Meetings in addition to those provided in I. Scope of Services shall be considered additional services. 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, upon notification to Consultant, 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, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. 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 reasonable 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 services provided by Consultant to the City pursuant to the provisions of this Agreement. -5- 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 act i, 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. 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 Consultants 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. 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. -6- 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 CITY CITY OF IOWA CITY By: Title: Mayor Date: 6/6/2022 FOR THE CONSULTANT STRAND ASSOCIATES, INC® By: Title: Date: oseph M. Bunker Corporate Secretary ATTEST: I Lie ( LO 1))t.04._ TTEST: pproved by: City Attorney's Office - -d) Date: Item Number: 6.h. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT June 6, 2022 Resolution rejecting bids received May 25, 2022 for the 2022 Water Pavement Patching Project and setting a new date for receipt of bids for the rebidding of the 2022 Water Pavement Patching Project, directing City Clerk to post notice to bidders. Prepared By: Marri VanDyke, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Funding for this project is available in the Water Division Operating Budget, account#73730130 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item rejects all of the bids received on May 25, 2022 for the 2022 Water Pavement Patching Project. An addendum will be issued to set a new date for receipt of bids and revise the construction schedule (July — November 2022). Three (3) bids were submitted prior to the May 25, 2022 deadline: Bidder Name City Bid All American Concrete, Inc. West Liberty $240,800.00 Bud Maas Concrete, Inc. Iowa City Non -Responsive Bockenstedt Excavating, Inc. Iowa City Non -Responsive Engineer's Estimate - $175,000.00 As included in the City's Purchasing Policy, because only one responsive bid was received, and that bid was more than 25% over the Engineer's Estimate, staff recommends that Council reject the bids and set a new date for receipt of bids for the project on June 28, 2022. Background /Analysis: Each year there are, on average, approximately 60 water main breaks within the City, and street and or sidewalk pavement typically needs to be removed and replaced in order to repair the water main. With limited resources and the emergency nature of the pavement repairs, the City is combining the pavement repairs at multiple main break sites into a single project to more efficiently address pavement damage resulting from water main breaks. As additional main breaks occur later this year, those sites will also be added to this project for repair. Project Timeline: Bid Letting — June 28, 2022 Award Date — July 12, 2022 Construction — July 2022 — November 2022 ATTACHMENTS: Description Resolution Prepared by: Marri VanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 Resolution No. 22-146 Resolution rejecting bids received May 25, 2022 for the 2022 Water Pavement Patching Project and setting a new date for receipt of bids for the rebidding of the 2022 Water Pavement Patching Project, directing City Clerk to post notice to bidders, and fixing the time and place for receipt of bids. Whereas, bids were received on May 25, 2022 for the 2022 Water Pavement Patching Project; and Whereas, out of the three bids received, two were non-responsive and one exceeded the Engineer's estimate by over twenty-five percent; and Whereas, the Public Works Department recommends that Council reject the bids and set a new date for receipt of bids; and Whereas, funds for this project are available in the Water Divisions Operating Budget account #73730130; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. All bids received on May 25, 2022, for the 2022 Water Pavement Patching Project are rejected. 2. The Project Engineer shall issue an addendum to the Project Manual revising the project schedule to set a new bid date consistent with this resolution; and 3. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 4. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 5. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 28th day of June, 2022. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held in the Emma J. Harvat Hall at 6:00 P.M. on the 12th day of July, or at a special meeting called for that purpose. Passed and approved this 6th day of June , 20 22 Mayo Resolution No. 22-146 Page 2 Attest : t City Clerk It was moved by Bergus adopted, and upon roll call there were: Approved by City Attorney's (Sara Greenwo.d — Hektoen — 06/02/2022) and seconded by Taylor Ayes: Nays: Absent: X Alter X Bergus x Harmsen Taylor X Teague X Thomas x Weiner the Resolution be Item Number: 6.i. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT June 6, 2022 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Eastwood Drive and South Lawn Drive Intersection Improvement Project. Prepared By: Alin Dumachi, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $239,842.00, available in the Annual Storm Water Improvements account #M3631 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item awards the construction contract for the Eastwood Drive and Southlawn Drive Intersection Improvement Project to All American Concrete, Inc. of West Liberty, Iowa. The project generally includes the replacement of existing storm sewer, upgrade of existing water main, new pavement, and new curb ramps. The construction cost estimate for the project was $225,000, and two (2) bids were received: Bidder Name City Bid All American Concrete, Inc. West Liberty, IA $239,842.00 Boomerang Corp. Anamosa, IA $317,458.00 Based upon the bids received, staff recommends awarding the project to All American Concrete of West Liberty, Iowa. Background /Analysis: Due to severe deterioration of the storm sewer intakes and pavement at the intersection of Eastwood Drive and Southlawn Drive, full reconstruction of the intersection is included along with utility improvements. The project includes the following design elements: • Replacement of existing storm sewer system, with new storm sewer pipes and intakes • 8" PCC pavement with integral 6" curb • 6" subdrains under Eastwood Drive • Upgrade existing 6" ductile iron water main to 8" PVC pipe. • Relocate and replace existing fire hydrant • New curb ramps to meet ADA compliance Project Timeline: Award Date — June 6, 2022 Construction — June 2022 — September 2022 ATTACHMENTS: Description Resolution Prepared by: Alin Dumachi, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5143 Resolution No. 22-147 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Eastwood Drive and South Lawn Drive Intersection Improvement Project Whereas, All American Concrete, Inc. of West Liberty, Iowa, has submitted the lowest responsible bid of $239,842.00 for construction of the above-named project; and Whereas, funds for this project are available in the Annual Storm Water Improvements account #M3631; 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 is hereby awarded to All American Concrete, Inc. 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 and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 6th day of Tune Attest: ) LLP i -K tLLl-(IL ,2022 Approved by CityClerk1 City Attorne s Office (Sara Greenwood-Hektoen - 06/02/2022) It was moved by Bergus and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: X x X Nays: Absent: Alter Bergus Harmsen X_ Taylor x Teague x Thomas x Weiner Item Number: 6.j. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT June 6, 2022 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2022 Rochester Avenue Reconstruction from Ralston Creek to N First Avenue Project. Prepared By: Justin Harland, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $7,137,022.26, available in the Rochester Avenue Reconstruction Project account #S3950 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: This agenda item awards the construction contract for the 2022 Rochester Avenue Reconstruction from Ralston Creek to N First Avenue Project. Four (4) bids were submitted prior to the May 24, 2022 deadline: Bidder Name City Bid Amount Boomerang Corp. Anamosa, IA $7,137,022.26 Peterson Contractors Reinbeck, IA $7,251,702.75 Streb Construction Iowa City, IA $7,548,743.00 Maxwell Construction Iowa City, IA Non -Responsive Engineers Estimate $5,600,000.00 Staff recommends awarding the contract to Boomerang Corp. of Anamosa, Iowa. Due to higher than anticipated project costs, additional funding for the project will be provided via the Pavement Rehabilitation Capital Project fund balance as well as general obligation bond premium proceeds. Background /Analysis: Rochester Avenue serves as an arterial street within the City of Iowa City. The street pavement from First Avenue to the bridge over Ralston Creek Ride is in poor condition and has reached the end of its useful life, requiring more frequent maintenance. In addition, the current roadway corridor does not include bicycle accommodations, and the conditions of existing sidewalks and ADA accommodations along Rochester Avenue are also deteriorating. The project will include complete reconstruction of Rochester Avenue between First Avenue to the bridge over Ralston Creek. Additionally, the project will include improvements to the sidewalk, ADA curb ramps, storm sewer, sanitary sewer, other utilities as needed, signage, landscaping, and other associated work. Project Timeline: Construction Start — July 5, 2022 Final Completion — September 30, 2024 ATTACHMENTS: Description Resolution Prepared by: Justin Harland, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5154 Resolution No. 22-148 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the 2022 Rochester Avenue Reconstruction from Ralston Creek to N First Avenue Project Whereas Boomerang Corpo. of Anamosa, Iowa, has submitted the lowest responsible bid of $7,137,022.26 for construction of the above-named project; and Whereas, funds for this project are available in the Rochester Avenue Reconstruction Project account #S3950; 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 is hereby awarded to Boomerang Corp., 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 and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 6th Attest : day of June M It was moved by Bergus adopted, and upon roll call there were: Ayes: x x x X x x ,2022 Approved by City Attorney Office (Sara Greenwood Hektoen — 06/01/2022) and seconded by Tay( nr the Resolution be Nays: Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner Item Number: 6.k. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT June 6, 2022 Resolution accepting the work for the 2022 Sanitary Sewer Abandonment 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 2022 Sanitary Sewer Abandonment 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 is on file in the City Engineer's Office. • Project Estimated Cost: • Project Bid Received: • Project Actual Cost: $135,000.00 $112,390.10 $ 99,865.90 There were two change orders on this project. One adjusted the completion dates and the other reduced construction item amounts to the final quantities, thereby reducing the cost. Background /Analysis: This project included abandonment of sanitary sewer pipes at three locations; replacement of one sanitary sewer service; and the associated surface restoration. The three locations were: along the Court Hill Trail between First and Third Avenues; along Willow Creek Drive; and within the northeast part of the Riverfront Crossings Park. ATTACHMENTS: Description Engineer's Report Resolution 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 May 26, 2022 City Council Iowa City, Iowa Re: 2022 Sanitary Sewer Abandonment Project Dear City Council: I hereby certify that the 2022 Sanitary Sewer Abandonment 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 $99,865.90. There were two (2) change orders on this project: 1) Adjustment of completion dates due to late winter conditions $0.00 2) Adjustment of construction item amounts to the final quantities ($12,524.20) Total: ($12,524.20) 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. 22-149 Resolution accepting the work for the 2022 Sanitary Sewer Abandonment Project Whereas, the Engineering Division has recommended that the work for construction of the 2022 Sanitary Sewer Abandonment Project, as included in a contract between the City of Iowa City and Lynch's Excavating, Inc. of West Branch, Iowa, dated March 3, 2022, 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 $99,865.90. 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 6th day of June Attest: l City Jerk , 2022 Mayor U Approved by City Attorney'' 'Office (Sara Greenwood Hektoen It was moved by Bergus and seconded by Taylor adopted, and upon roll call there were: Ayes: x x x x x x X Nays: Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner — 06/01/2022) the Resolution be Item Number: 6.1. 4CITY OF IOWA CITY !kr4gi,'��� COUNCIL ACTION REPORT June 6, 2022 Resolution authorizing the City Manager to execute the Iowa Department of Transportation (DOT) addendum #21 -TAP -158-A to the Transportation Alternatives Program (TAP) funding agreement for the Iowa DOT Highway 6 Trail — Fairmeadows Boulevard to Heinz Road 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: Resolution Addendum to Agreement Executive Summary: This item authorizes the City Manager to execute addendum #21 -TAP -158-A to the Transportation Alternatives Program (TAP) funding agreement with the Iowa Department of Transportation (DOT) for the Highway 6 Trail — Fairmeadows Boulevard to Heinz Road Project. The addendum changes the reimbursement of the TAP eligible project costs to Surface Transportation Block Grant (STBG) funds. Background /Analysis: The Project includes approximately 0.8 miles of ten -foot wide multi -use trail, improvements to the project corridor's storm water drainage systems (including new storm sewer), Americans with Disabilities Act (ADA) compliant curb ramps at its intersections with roadways and facility entrances, connections between the new trail and local sidewalks and transit facilities (bus stops), and signalization at the trail's intersections with roadways. The proposed trail segment has been identified as a priority for bicycle and pedestrian connectivity, and is a prioritized infill section. This project addresses a gap in the City's side path network due to the high speeds and volume of vehicular traffic on Highway 6. The City applied for TAP assistance to provide funding for the Highway 6 Trail — Fairmeadows Boulevard to Heinz Road Project. The TAP funding is conditional on the assurance that the City of Iowa City will maintain the trail for a minimum of 20 years. The City signed the agreement on February 16, 2021. The DOT wishes to amend this agreement with the attached addendum, which provides revisions related to the source of the funding from the State. No changes to the funding amount are included in the amendment. ATTACHMENTS: Description resolution Addendum Prepared by: Joe Welter, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 319-356-5144 Resolution No. 22-150 Resolution authorizing the Mayor to execute and City Clerk to attest Addendum to Iowa Department of Transportation Agreement #21 -TAP - 158 for the Highway 6 Trail — Fairmeadows Boulevard to Heinz Road Project. Whereas, the City of Iowa City entered into a TAP Funding Agreement with the DOT on February 16, 2021 to construct the Highway 6 Trail — Fairmeadows Boulevard to Heinz Road Project ("Project"); and Whereas, the DOT desires to amend this agreement with an addendum; and Now, therefore, be it resolved by the City Council of the City of Iowa City, lowa, that: 1, The Mayor is authorized to execute and the City Clerk to attest the attached Addendum to Iowa Department of Transportation Agreement 21 -TAP -158. Passed and approved this 6th day of June 2022 Attest: City Clerk It was moved by Bergus Ma Approved by City Attor ey's Office (Sue Dulek — 06/02/2022) • and seconded by Taylor adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus X Harmsen Taylor Teague Thomas Weiner the Resolution be September 2018 ADDENDUM TO IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT 21 -TAP -158 FOR A FEDERAL -AID PROGRAM PROJECT Subrecipient: City of Iowa City Subrecipient DUNS Number: 782621940 Project Number(s): TAP -U-3715(670)-81-52 Iowa DOT Addendum Number: 21 -TAP -158-A This is an addendum to the agreement between City of Iowa City (hereinafter referred to as the Subrecipient) and the Iowa Department of Transportation, the federal pass-through entity (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44, provide for the Subrecipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects in Iowa with federal funds. Whereas the Subrecipient and the Department previously entered into Agreement No. 21 -TAP - 158 for the above referenced project. Subsequent to the execution of Agreement No. 21 -TAP -158 it was determined that the program funds to be obligated for the above referenced project has changed. Previously executed Agreement 21 -TAP -158 shall remain in effect except as amended herein. Now, therefore, it is agreed as follows: 1. The Recipient will not receive federal funding through the Iowa's Transportation Alternatives Program (Iowa's TAP), as described in Section 1103 and 1122 of the Moving Ahead for Progress in the 21st Century (MAP -21), Public Law 112-141, which are hereinafter referred to TAP funds. 2. The Recipient will not receive federal funding through the Iowa's Transportation Alternatives Program (Iowa's TAP), which is funded by the Transportation Alternatives Set- aside of the Surface Transportation Block Grant Program (TA Set-aside), as codified in Section 133(h) of Title 23, United States Code (U.S,C.), which are hereinafter referred to as TA Set-aside funds. , The Recipient will not receive federal funding through the Surface Transportation Block Grant Program (STBG), as codified in Section 133 of Title 23, United States Code (U,S.C.), which are hereinafter referred to as STBG funds. 4. Paragraph 4 of Agreement 21 -TAP -158 is stricken and replaced with the following: September 2018 The Subrecipient shall receive reimbursement for costs of authorized and approved eligible project activities under the Iowa's TAP program from STBG funds. The portion of the project costs reimbursed with STBG funds shall be limited to a maximum of either 80 percent of eligible costs (other than those reimbursed with other federal funds) or the amount listed ($438,000) in the Metropolitan Planning Organization ofJohnson County current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. Eligible project activities will be as described in Section 133(h) of Title 23, United States Code (U.S.C.), and determined by the Department to be eligible. 5. This addendum is not assignable without the prior written consent of the Department. 6. If any part of this addendum is found to be void and unenforceable, the remaining provisions of this addendum shall remain in effect. 7. It is the intent of both parties that no third -party beneficiaries be created by this addendum. 8. This addendum shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same addendum. 9. This addendum, as well as the unaffected provisions of previously executed Agreement No. 21 -TAP -158 referenced herein, constitute the entire agreement between the Department and the Subrecipient concerning this project. Representations made before the signing of this addendum are not binding, and neither party has relied upon conflicting representations in entering into this addendum. Any change or alteration to the terms of this addendum shall be made in the form of a subsequent addendum. The addendum shall become effective only upon written approval of the Department and the Subrecipient. ) September 2018 IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 21 -TAP -158-A as of the date shown opposite its signature below. sUBREaPIENT: City of Iowa City Title: Mayor CERTIFICATION: Date Junes 6 , 2Q22 e i 1 i • 'Fru ell ► f y , certify that I am the Clerk of the city, and that Marne frigri G1s J -" r €. I A L P , who signed said Agreement for and on behalf of (tae aF MAI rlSrpr erARAM the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city, o n the day ofA , :�--' 1 ���ll Signed; �, %y " til\ .i� City Clerk of Iowa City, Iowa. IOWA DEPARTMENT OF TRANSPORTATION Transportation Development Division 800 Lincoln Way, Ames, Iowa 50010 Tel. 515-239-1664 By: _ Cp>S j� Markley Director Systems Planning Bureau r t 4:livegreia-T .,,1 -"NAME. -- CITY OF IOWA CITY www.icgov.org June 6, 2022 Item Number: 6.m. Resolution Approving Final Plat of Hickory Trail Estates, Iowa City, Iowa. ATTACHMENTS: Description Staff Report and Final Plat Final Plat Resolution STAFF REPORT To: City Council Item: SUB22-0003 Hickory Trail Estates Final Plat GENERAL INFORMATION: Applicant: Contact Person: Owner: Requested Action: Purpose: Location: Location Map: Size: Prepared by: Parker Walsh, Associate Planner Date: June 6, 2022 Nelson Development, LLC Jacob Wolfgang 515-720-6170 Jacob@nelsonconstruction.com Axiom Consultants, LLC Brian Boelk bboelk@axiom-con.com ACT Inc Brad Spillman Brad.spillman©act.org Approval of a final plat To allow the development of Hickory Trail Estates, a senior living facility. West of N. 1st Avenue and south of N. Scott Boulevard 48.75 Acres Existing Land Use and Zoning: Undeveloped/Vacant Open Space, Low Density Single -Family Surrounding Land Use and Zoning: 2 Residential with a Planned Development Overlay (OPD/RS-5) North: OPD/RM-12, Low Density Multi - Family Residential with a Planned Development Overlay ID -RS, Interim Development Single -Family Residential South: P-1, Neighborhood Public East: OPD/RS-8, Medium Density Single Family Residential with a Planned Development Overlay ID -RS West: P-1, OPD/RS-5 Comprehensive Plan: 2-8 units / acres District Plan: Northeast District Neighborhood Open Space District: C-8 File Date: April 18, 2022 60 Day Limitation Period: June 16, 2022. BACKGROUND INFORMATION: The applicant, Nelson Development LLC, has submitted a final plat application for Hickory Trail Estates, a 48.75 -acre residential subdivision that includes one 8.85 -acre lot and one 38.98 -acre outlot located west of N. 1st Avenue and south of N. Scott Boulevard. The applicant intends to develop the 8.85 -acre lot as a senior living facility containing approximately 134 bedrooms for its residents. The 38.98 -acre outlot will be dedicated to the City as parkland. A future rezoning to a Public (P) zone would be done by the City once the City acquires the dedicated land. On December 14, 2021, the Council approved a rezoning of the subject property from Interim Development — Single Family Residential (ID -RS) to Low Density Single Family Residential with a Planned Development Overlay (OPD/RS-5) subject to the following conditions: a. Prior to issuance of a building permit: i. Submission of a landscape plan detailing the location of proposed shade and evergreen trees on Lot 1. The landscape plan shall be approved by the City Forrester. ii. City Council approval of a final plat subdividing the subject property to conform to the zoning boundaries established by the zoning ordinance, and acceptance of the public improvements required thereby, which shall include; i. Construction of trail connections, generally in locations as shown on the OPD Plan dated 10/28/2021, and ii. Construction of an 8' -wide sidewalk extending from the subject 3 property's eastern property line to 1st Avenue. The conditions requiring the construction of trail connection and an 8' sidewalk are shown in the construction drawings. A landscape plan will be reviewed as part of site plan review. On March 1, 2022, the Council approved the preliminary plat (SUB21-0013) for Hickory Trail Estates. ANALYSIS: The final plat of Hickory Trail Estates is in general compliance with the preliminary plat and subdivision regulations. Legal papers and construction drawings are currently being reviewed by staff. It is anticipated that these documents will be approved prior to the June 6, 2022 Council meeting. Environmentally Sensitive Areas: The property contains regulated wetlands, stream corridors, woodlands, and slopes. Many of these sensitive features are located within the outlot to be dedicated to the City for the expansion of Hickory Hill Park. A preliminary sensitive areas development plan was approved with the preliminary plat. The sensitive areas development plan met the base requirements of a level 1 sensitive areas review. A planned development overlay was needed due to a requested increase in building height that exceeds what is allowed in the base zoning. Approval of a final sensitive area development plan will be required prior to any development activity. Neighborhood Open Space: The City's Neighborhood Open Space Ordinance requires the dedication of land or the payment of a fee in lieu of dedication. The applicant proposes to dedicate Outlot A, which contains 38.98 acres of open space to the City for the expansion of Hickory Hill Park. This dedication exceeds the required dedication of approximately 1.1 acre of parkland. The City shall accept dedication of the outlot upon satisfaction of the terms and conditions stated in the Subdivider's Agreement. Transportation: The final plat shows that Hickory Trail will be extended west and end in a cul-de-sac. The construction drawings show an 8' -wide sidewalk extending from the subject property's eastern property line to 1st Avenue, as well as a trail that will connect with an existing trail in Hickory Hill Park. Storm Water Management: Storm water management for the subject property will be provided via an existing downstream detention basin in Hickory Hill Park. Public Works staff has reviewed and approved the final storm water management plans. Infrastructure Fees: Prior to the issuance of any building permit, the applicant will be required to pay $503.57 per acre for water main extension fees. The project site is not located in one of the City's sanitary sewer districts, and therefore, the City collects no sanitary sewer tap on fees. NEXT STEPS: Staff has approved the applicants design review application for the proposed senior living facility. A site plan, including the landscaping plan and final sensitive areas development plan, is currently under review. Upon approval of the final plat staff could approve the site plan. 4 STAFF RECOMMENDATION: - Staff recommends approval of SUB22-0003, the final plat of Hickory Trail Estates a 1 -lot and 1-outlot, 48.75 -acre subdivision located west of N. 1st Avenue and south of N. Scott Boulevard ATTACHMENTS: 1. Location Map 2. Final Plat Approved by: • Sti—)4"" Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services 0 0.05 0.1 0.2 Miles I I I I SUB22-0003 Hickory Trail Estates ' !�:.��.®fit 3 CITY OF IOWA CITY Prepared By: Parker Walsh Date Prepared: February 2022 DODGE STREET.CT • • • ■ ■ •■ ■ ■ ■ ■ ■ • • HICKORY TRL An application submitted by Axiom Consultants, LLC. on behalf of Nelson Development, LLC. for a final plat of 48.75 acres located west of N. 1st Avenue and south of N. Scott Boulevard. SE CORNER AUDITOR'S PARCEL #2005110 FOUND CONCRETE MONUMENT UV OF 'MR COr OK��9pO��li1 I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. BRADLEY R. GEATER, P.L.S., P.E. LICENSE NUMBER 19828. MY LICENSE RENEWAL DATE IS DECEMBER 31, 2023. PAGES OR SHEETS COVERED BY THIS SEAL: ALL DATE FINAL PLAT HICKORY TRAIL ESTATES IOWA CITY, IOWA DUBUQUE RD TAMARACK TRAIL NOT TO SCALE HICKORY TRAIL PROJECT VICINITY MAP CURVE TABLE CURVE # LENGTH RADIUS DELTA CHORD DIR. CHORD LEN. C1 303.98 720.00 24°11'25" S85° 24' 46"W 301.73 C2 128.74 65.00 113°29'04" N49° 56' 24"W 108.71 C3 160.25 65.00 141°15'29" S77° 25' 52"W 122.64 C4 39.14 30.00 74°44'33" N69° 18' 40"W 36.42 C5 329.31 780.00 24°11'25" S85° 24' 46"W 326.87 C6 289.00 65.00 254°44'33" N20° 41' 20"E 103.31 C7 316.65 750.00 24011125" S85° 24' 46"W 314.30 C8 1332.94 1018.50 74°59'06" S65° 18' 23"E 1239.83 LINE TABLE BEING PART OF AMENDED AUDITOR'S PARCEL #2005110 AS RECORDED IN BOOK 52, PAGE 143 OF THE JOHNSON COUNTY RECORDER'S OFFICE, IN THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 79 LINE # LENGTH BEARING L1 20.33 S73° 19' 04"W L2 63.59 N82° 29' 32"W L3 72.85 S82° 29' 32"E L4 111.98 S73° 19' 04"W L5 69.54 N83° 11' 52"W L6 30.35 S01° 15' 42"E L7 30.35 S01° 15' 42"E L8 68.22 N82° 29' 32"W L9 111.98 S73° 19' 04"W L10 35.00 S16° 40' 56"E NW CORNER AUDITOR'S PARCEL #2005110 IRON FOUND N5RB YPC 13287 LEGEND O SET 3/4" 0 REBAR OPC 19828 SET CUT X • FOUND PROPERTY CORNER AS LABELED OPC ORANGE PLASTIC CAP YPC YELLOW PLASTIC CAP PROPOSED BOUNDARY/PROPERTY LINE EXISTING PROPERTY LINE PROPOSED EASEMENT RCI \\ K443039Fe534 / / LW la / I / / / o � 520% Fe 655 5 / / / / UTILITY APPROVALS MIDAMERICAN ENERGY DATE AUREON NETWORK SERVICES DATE IMON COMMUNICATIONS, LLC DATE MEDIACOM DATE UNIVERSITY OF IOWA DATE CENTURYLINK DATE WINDSTREAM COMMUNICATIONS DATE CITY OF IOWA CITY DATE M ETRO N ET N0It 20' 33 "VA/ 538.6:'7' • N61° 38 34"W .� 210.49' ./ LCIT j LOT 17 11 e L0w 115 NTKORY HER TS Bit 4C p0444 DATE PREPARED BY: AXIOM CONSULTANTS, LLC BRAD GEATER 60 E. COURT STREET, UNIT 3 IOWA CITY, IOWA 52240 319-519-6220 APPLICANT'S ATTORNEY: KIRTON MCCONKIE ATTN: BRYCE K. DALTON 50 E. SOUTH TEMPLE, SUITE 400 SALT LAKE CITY, UTAH 84111 BDALTON@KMCLAW.COM LOT INFORMATION: LOTS SF ACRES OUTLOT A 1,698,045 38.98 LOT A APPLICANT: NELSON DEVELOPMENT 1, LLC ATTN: JACOB WOLFGANG 218 6TH AVE., STE. 200 DES MOINES, IOWA 50309 JACOB@NELSONCONSTRUCT.COM PROPERTY OWNER: ACT, INC. 500 ACT DRIVE IOWA CITY, IA 52243 319-337-1000 APPROVED BY THE CITY OF IOWA CITY, IOWA CITY CLERK DATE NOTE: NOTES ON THIS PLAT ARE NOT INTENDED TO CREATE ANY VESTED PRIVATE INTEREST IN ANY STATED USE RESTRICTION OR COVENANT OR CREATE ANY THIRD -PARTY BENEFICIARIES TO ANY NOTED USE RESTRICTION OR COVENANT. INTENDED USE DEDICATED TO CITY FOR PUBLIC OPEN SPACE AND EXPANSION OF HICKORY HILL PARK 40,220 0.92 RIGHT OF WAY DEDICATED TO CITY FOR HICKORY TRAIL EXTENSION LOT 1 385,355 KEY NOTES: 8.85 ZONED OPD/RS-5, SENIOR HOUSING & MEMORY CARE FACILITY 15' UTILITY EASEMENT (B) 30' SANITARY SEWER EASEMENT ,71-01V CM I --2o.5 1 OK 38069 p0 MB FOR RECORDER'S USE ONLY RECORDER'S INDEX COUNTY: JOHNSON SECTION: 2-79-6 QUARTER SECTION: SE1/4 CITY: IOWA CITY SUBDIVISION: HICKORY TRAIL ESTATES BLOCK: NA LOT(S): NA 'NW FUMLY El( 50369 p0 ME S01° 15' 42"E 868.85' J J o G 438% PG 534 S01° 14' 34"E 378.49' 0 LEGAL DESCRIPTION 730.95' 78. - _ N1Q19' - N07° 33' 21''W235.79' - - 251.54' LOT 1 N04° 14' 13"E 220.15' 8.85 AC 385,355 SF N08° 4514.9" E 431.54' OUTLOT A 38.98 AC 1,698,045 SF LOT 0.92 AC 40,220 SF c6 7 CMOF0 CSD0�l 2,go59 pO 200 SW CORNER AUDITOR'S PARCEL #2005110 POINT OF BEGINNING IRON FOUND N5RB / Ol N N 0 S87° 54' 07"W LIMO 14:I LC" 3 / LOT 12 \ / I N01° 41' 17"W 1,094.66' CM OFQ 81( ECApG30 N01° 07' 52"W 656.03' CM OF \l0W\Rik 2,A PG 50 4i. s.. ••LAN. gel''. L44' • BRADLEY ' �m =0R.GEATER -<= o- •. 19828 .,•��� OW I\ ,jos May 31, 2022 - 9:57am S: PROJECTS 2020 200194 05 Design Civil -Survey Plats 200194 FP.dwg ENGINEER: 0 N I_ Zc31 0 J m D AZO ><! 0 50 100 DRAWING LOG w 1- 0 N 0 N m 0 N 0 N 0 04-18-2022 N 0 N O 0 N 0 N O DESCRIPTION OF CHANGES PUBLIC ACCESS EASEMENT REVISION REVISIONS TO FINAL PLAT REVISED SITE REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS U LU LL C7 IOWA CITY, IA 52245 CLIENT NAME: NELSON DEVELOPMENT 1, LLC SHEET NAME: FINAL PLAT DESIGN PROFESSIONAL: PROJECT NO.: O rNi SHEET NUMBER: 1 OF 1 BEING PART OF AMENDED AUDITOR'S PARCEL #2005110 AS RECORDED IN BOOK 52, PAGE 143 OF THE JOHNSON COUNTY RECORDER'S OFFICE, IN THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IN IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS; BEGINNING AT THE SOUTHWEST CORNER OF SAID AUDITOR'S PARCEL, THENCE N01°07'52"W, 656.03 FEET; THENCE N01°41'17"W, 1094.66 FEET; THENCE N01°38'34"W, 210.49 FEET; THENCE N01°20'33"W, 538.67 FEET TO THE NW CORNER OF SAID AUDITOR'S PARCEL; THENCE 1332.94 FEET ALONG THE SOUTH RIGHT OF WAY LINE OF SCOTT BOULEVARD ON A 1018.50 FOOT RADIUS CURVE CONCAVE NORTHERLY (CHORD BEARING S65°18'23"E, 1239.83 FEET); THENCE 527°14'33"W, 924.73 FEET; THENCE S01°14'34"E, 378.49 FEET; THENCE N77°55'52"E, 649.63 FEET; THENCE S01°15'42"E, 868.85 FEET TO THE SOUTH LINE OF SAID AUDITOR'S PARCEL; THENCE ALONG SAID SOUTH LINE S87°54'07"W, 1302.79 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS 48.75 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD. 38.98 AC 1,698,045 SF LOT 0.92 AC 40,220 SF c6 7 CMOF0 CSD0�l 2,go59 pO 200 SW CORNER AUDITOR'S PARCEL #2005110 POINT OF BEGINNING IRON FOUND N5RB / Ol N N 0 S87° 54' 07"W LIMO 14:I LC" 3 / LOT 12 \ / I N01° 41' 17"W 1,094.66' CM OFQ 81( ECApG30 N01° 07' 52"W 656.03' CM OF \l0W\Rik 2,A PG 50 4i. s.. ••LAN. gel''. L44' • BRADLEY ' �m =0R.GEATER -<= o- •. 19828 .,•��� OW I\ ,jos May 31, 2022 - 9:57am S: PROJECTS 2020 200194 05 Design Civil -Survey Plats 200194 FP.dwg ENGINEER: 0 N I_ Zc31 0 J m D AZO ><! 0 50 100 DRAWING LOG w 1- 0 N 0 N m 0 N 0 N 0 04-18-2022 N 0 N O 0 N 0 N O DESCRIPTION OF CHANGES PUBLIC ACCESS EASEMENT REVISION REVISIONS TO FINAL PLAT REVISED SITE REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS U LU LL C7 IOWA CITY, IA 52245 CLIENT NAME: NELSON DEVELOPMENT 1, LLC SHEET NAME: FINAL PLAT DESIGN PROFESSIONAL: PROJECT NO.: O rNi SHEET NUMBER: 1 OF 1 Page 1 of 1 STATE OF IOWA JOHNSON COUNTY 111111 1111111111111111111111111 IIIAI1NIIIII Doc ID 031966020025 Type.- GEN Kind SUNDIVISION Recorded: 09/27/2022 at 08:66:21 Al Fee Amt: $127.00 Page 1 of 25 Johnson County Iowa Kim Painter County Recorder BK6428 P6391-415 ) ) SS 4.7441641.04'1.1. VIII milmarr CITY OF IOWA CITY 410 East Washington Strcct Iowa City. fowa 52240- 182 6 (319) 356-5000 (3191 356-5009 FAX www.icgow.org 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. 22-151, which was passed by the City Council of Iowa. City, Iowa, at a regular meeting held an the 6th day of June 2022, all as the same appears of record in my office. Also attached are the final legal documents for Hickory Trail. Estates, Iowa City, Iowa. Dated at Iowa City, Iowa, this 23 day of 4eYvl e tr, 2022. melding City Clerk K. Kellie \res subdivision Prepared by: Parker Walsh, Associate Planner, 410 E Washington St., Iowa City, IA 52240 (SUB22-0003) Resolution No. 22-151 Resolution Approving Final Plat of Hickory Trail Estates, Iowa City, Iowa. Whereas, the owner, ACT Inc, filed with the City Clerk the final plat of Hickory Trail Estates, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: BEING PART OF AMENDED AUDITOR'S PARCEL #2005110 AS RECORDED IN BOOK 52, PAGE 143 OF THE JOHNSON COUNTY RECORDER'S OFFICE, IN THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IN IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID AUDITOR'S PARCEL, THENCE N01 °07'52"W, 656.03 FEET; THENCE N01 °41'17"W, 1094.66 FEET; THENCE N01 °38'34"W, 210.49 FEET; THENCE N01 °20'33"W, 538.67 FEET TO THE NW CORNER OF SAID AUDITOR'S PARCEL; THENCE 1332.94 FEET ALONG THE SOUTH RIGHT OF WAY LINE OF SCOTT BOULEVARD ON A 1018.50 FOOT RADIUS CURVE CONCAVE NORTHERLY (CHORD BEARING S65°18'23"E, 1239.83 FEET); THENCE S27°14'33"W, 924.73 FEET; THENCE S01°14'34"E, 378.49 FEET; THENCE N77°55'52"E, 649.63 FEET; THENCE S01 °15'42"E, 868.85 FEET TO THE SOUTH LINE OF SAID AUDITOR'S PARCEL; THENCE ALONG SAID SOUTH LINE S87°54'07"W, 1302.79 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS 48.75 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD. Affecting a Portion of Parcel No. 10-02-476-002 Whereas, the Neighborhood and Development Services Department and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Whereas, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2021) and all other state and local requirements, Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the neighborhood open space, streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The City shall accept dedication of the neighborhood open space, streets and easements upon satisfaction of the terms and conditions stated in the Subdivider's Agreement. Resolution No. 22--151 Page 2 The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner. Passed and approved this 6th Attest: ClerkLILP CityC> - Attorney' Office E 1 Cit y J (Sara Greenwood Hektoen – 06/02/2022) day of June Mayor , 2022. Approved by It was moved by Bergus and seconded by Taylor adopted, and upon roll call there were: Ayes: Nays: Absent: the Resolution be X _ Alter X Bergus X — Harmsen X __ Taylor —X— Teague – Thomas — Weiner pcdltemplateslFinal_Plat_ _Resolution.doe_doc Item Number: 7.a. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT June 6, 2022 Resolution setting a public hearing on June 21, 2022 on project manual and estimate of cost for the construction of the Highway 6 Trail (from Fairmeadows Boulevard to Heinz Road) 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: Joe Welter, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $660,000 available in the Hwy 6 Trail — Fairmeadows to Heinz Project, Account #R4376 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Executive Summary: This agenda item sets the public hearing for the Highway 6 Trail (from Fairmeadows Boulevard to Heinz Road) Project. The project corridor is along the south right-of-way of Highway 6 between Fairmeadows Boulevard and Heinz Road. This project generally includes: approximately 0.8 miles of ten -foot wide multi -use paved trail, storm sewer improvements, signalization at intersections, seeding, and sidewalk/transit connections. This project also received Transportation Alternatives Program (TAP) funding from the Iowa Department of Transportation (DOT) which will be reimbursed through Surface Transportation Block Grant (STBG) funds. . Background /Analysis: The Project includes approximately 0.8 miles of ten -foot wide multi -use trail, improvements to the project corridor's storm water drainage systems (including new storm sewer), Americans with Disabilities Act (ADA) compliant curb ramps at its intersections with roadways and facility entrances, connections between the new trail and local sidewalks and transit facilities (bus stops), and signalization at the trail's intersections with roadways. The proposed trail segment has been identified as a priority for bicycle and pedestrian connectivity, and is a prioritized in -fill section. This project addresses a gap in the City's side path network due to the high speeds and volume of vehicular traffic on Highway 6. Areas disturbed by construction will be restored with pavement or seeding. The estimated cost of construction for the project as $660,000. ATTACHMENTS: Description Location Map Resolution Highway 6 Trail - Fairmeadows to Heinz LAKESIDE DR MARSELLIES cn Lu cr cr WHISPERINGMEADOW DR Prepared by: Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240, (319)356-5144 Resolution No. 22-152 Resolution setting a public hearing on June 21, 2022 on project manual and estimate of cost for the construction of the Highway 6 Trail (from Fairmeadows Boulevard to Heinz Road) 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 Hwy 6 Trail - Fairmeadows to Heinz Account #R4376. 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 21st day of June, 2022, at 6:00 p.m. in the Emma J. Harvat Hall, City Hall, 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. 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. 3. 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 6eh day of June , 2022 Attest: 14_LLD 1/21 „(1C City Clerk It was moved by Bergus adopted, and upon roll call there were: Ayes: x X x X X X X U Approved by City Attorneys Office (Sara Greenwood Hektoen and seconded by Taylor Nays: Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner - 06/02/2022) the Resolution be Item Number: 7.b. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT June 6, 2022 Resolution setting a public hearing for June 21, 2022, to approve a purchase agreement with Iowa Interstate Railroad, LLC for Lot 3 and a portion of Outlot B in Iowa City Industrial Campus and to consider a proposal to convey said property. Prepared By: Geoff Fruin, City Manager Reviewed By: Sue Dulek, Assistant City Attorney Fiscal Impact: The purchase agreement is for a price of $1,500,000. The City is responsible for associated brokerage fees. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Purchase Agreement Executive Summary: The Iowa City Industrial Campus is a shovel -ready parcel for industrial use located on 420th Street, which the City has been marketing since 2008. City staff has negotiated a purchase agreement, contingent on City Council approval, for the sale of Lot 3 (approximately 24.7 acres) and the east 50 feet of Outlot B to Iowa Interstate Railroad, LLC for $1,500,000. Background /Analysis: Lot 3 of the Iowa City Industrial Campus (approximately 24.7 acres) is located on 420th Street and is adjacent to Iowa Interstate Railroad main tracks and the connecting rail spur that the City installed in the years following its 2008 purchase of the larger industrial campus. The City has marketed the property since 2008. To date, the City has sold one other lot in the larger campus, which is an 11.2 acre lot that was sold to Alexander Lumber in 2018. Iowa Interstate Railroad has expressed interest in constructing a transload facility on Lot 3 and the City has negotiated a purchase agreement subject to City Council approval. The agreement is for a price of $1,500,000 and includes a small portion of Outlot B that encompasses the rail spur off the main line tracks. Iowa Interstate Railroad intends to construct a transload facility that will facilitate the transfer of goods and commodities between modes of transportation. A 2016 State Department of Transportation Freight Transportation Network Optimization Strategy report highlighted the need for transloading facilities to support Iowa businesses and relieve truck congestion from the Interstate and highway systems. Staff believes the transloading facility represents a key investment in our industrial sector that will help Iowa City support existing local businesses, as well as attract new industry to the community. As such, staff recommends Council approval of the purchase agreement. ATTACHMENTS: Description resolution agreement Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 22-153 Resolution setting a public hearing for June 21, 2022, to approve a purchase agreement with Iowa Interstate Railroad, LLC for Lot 3 and a portion of Outlot B in Iowa City Industrial Campus and to consider a proposal to convey said property. Whereas, Iowa City Industrial Campus is a shovel -ready parcel for industrial use located on 420th Street, which the City has been marketing since 2008; and Whereas, City staff has negotiated the attached purchase agreement, contingent on City Council approval, for the sale of Lot 3 (approximately 24.7 acres) and the east 50 feet of Outlot B to Iowa Interstate Railroad, LLC for $1,500,000; and Whereas, City Council should hold a public hearing on the proposed conveyance. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City Council does hereby declare its intent to convey Lot 3 and the east 50 feet of Outlot B to Iowa Interstate Railroad, LLC pursuant to the attached purchase agreement for $1,500,000. 2. A public hearing on said proposed agreement should be and is hereby set for June 21, 2022 at 6:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. Washington 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. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 6eh day of June , 2022. Attest: . Cit Clerk Approved by City Attorney's Office (Sue Dulek - 06/02/2022) Resolution No 72-1 3 Page 2 It was moved by Bergus 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 Teague x x Thomas x Weiner PURCHASE AGREEMENT IOWA INTERSTATE RAILROAD, LLC/CiTY OF IOWA CiTY, IOWA THIS REAL ESTATE PURCHASE AGREEMENT (this "Agreement") dated as of the date Buyer executes this Agreement (the "Effective Date") is made and entered into by and between Buyer and Seller (each a "Party" and collectively the "Parties"). 1. Basic Information. All capitalized terms used in this Agreement shall have the meanings specified in the Basic Information, unless othenvise defined herein. "Buver" means Iowa Interstate Railroad, LLC, a Delaware limited liability company. "Seller" means City of Iowa City, Iowa, a municipal corporation. "Purchase Price" means ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00). "Inspection Period" means a period expiring at 5:00 p.m. (Central Time) one hundred days (100) days after the later to occur of the Effective Date or the date of which all of Seller's Deliveries ha), e been delivered to Buyer pursuant to Section 5. "Closing Date" means the date mutually acceptable to the patties occurring after the (1) Inspection Period or (ii) Buyer's waiver of Buyers contingencies in Section 6. "Property" means the real property located in the City of Iowa City, Johnson County, State of Iowa (the `State') which property commonly described as 4748 420th Street, Lot 43 and that portion of Outlot B encumbered by the 100' Railroad Spur Easement, as shown on the corrected final plat of Iowa City industrial Campus, Iowa City, Iowa. recorded in Book 63, Page 42 of the Johnson County, lowa Recorder's Office, together with (i) all improvements, structures and fixtures now constructed with respect to and situated on such real property; (ii) all and singular the nghts and appurtenances pertaining to such real property, subject to any easements of record for public utilities; (iii) any and all water. water rights, oil, gas or minerals lying within or that arc appurtenant to such real property and any rights with respect thereto; (v) any and all leases and security deposits with respect to such real property; (vi) all tangible and intangible personal property owned by Seller and used in connection with such real property; (vii) all warranties or guaranties with respect to any portion of such real property; and (viii) all licenses and permits related to such real property. Buyer at its sole cost shall prepare all necessary documents and receive City approval for a revised final plat covering the portion of Outlot 13 currently encumbered by the 100' Railroad Spur Easement. Lot #3 is subject to a farm lease with Phil Prybil. Seller shall attempt to negotiate a termination of said farrn lease with the tenant effective on or before the Closing Date, and if Seller is unsuccessful in such negotiation, Seller shall provide the tenant with a written termination notice pursuant to Section 562.6 of the Iowa Code temrinating said fann lease effective March 1, 2023 and provide Buyer a copy of said notice. 2. Purchase and Sale. In consideration of the mutual covenants and agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Buyer agrees to purchase and acquire from Seller, and Seller agrees to sell and convey to Buyer, the Property. Seller hereby approves Buyer's intended use of the Property as a transloading or intemuodal facility or any use consistent with its zoning as of the date of this Agreement. 3. Purchase Price. Buyer agrees to pay and Seller agrees to accept payment of the Purchase Price on the Closing Date, plus or minus proration, by transfer of good funds delivered to Seller. The Purchase Price shall be adjusted upon the consummation of the purchase and sale transaction contemplated herein (the "Closing") by prorations made in accordance with this Agreement. 4. Evidence of Tide and Abstract. Seller shall obtain an abstract of title to the Real Estate continued through the Effective Date of and deliver it to Buyer for examination. It shall show merchantable title in Seller's name in conformity with this Agreement, Iowa law, and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the Buyer when the purchase price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller. If, at the time of Closing Date there remain unresolved title objections, the parties agree to escrow from the sale proceeds a sufficient amount to protect the Buyer's interests until said objections are corrected, allowing a reasonable time for thc corrections of said objections. 5. Seller's Deliveries. Within ten (10) business days after the Effective Date, Seller shall deliver or cause to be delivered to Buyer any leases, unrecorded casements, or contracts affecting the Property that will be in effect at the time of the Closing Date ("Seller's Deliveries"). 6. Inspection Period. (a) The obligation of Buyer to close the transaction contemplated hereby is subject to Buyer's satisfaction with and approval of, in Buyer's sole and absolute discretion, Seller's Deliveries and everything. matter, or item related to the Property or Buyer's purchase thereof, including title and survey matters. Buyer shall have the right to terminate this Agreement for its disapproval or dissatisfaction with any of the foregoing. or for any other reason, in Buyer's sole and absolute discretion. upon thc delivery of written notice thereof to Seller given within ten (10) business days after expiration of the Inspection Period. If Buyer terminates this Agreement pursuant to its rights hereunder and upon any such temunation neither Party shall have any further obligation hereunder. Nothing in this Section 6(a) shall limit Buyer's rights under Sections 6(d) or 6(c). (h) Buyer shall, at Buyer's option and expense, obtain a current survey of the Property (thc "Survey"). If the Survey shows any encroachment on the Property or improvements or if any of the improvements encroach on thc lands of others, such encroachments shall be treated as a title defect. (c) Seller had previously sold, along with Lot 42, a portion of the real property under the 100' Railroad Spur Easement adjacent to Lot M2, to Alexander Lumber. Specifically, Alexander Lumber had purchased a width of 50' of the 100' Railroad Spur Easement measuring from the boundary line of Lot #2 to track center line. Buyer's offer pursuant to this Agreement is subject to its purchase of that portion of the 100' Railroad Spur Easement sold by the City to Alexander Lumber. Should It P. Lumber Co.. inc. (Alexander Lumber's successor), or its successor, be unwilling to sell this section of the 100' Railroad Spur Easement upon terms and conditions acceptable to Buyer, Buyer may cancel this Agreement at no penalty to it. Alternatively, Buyer niay engage the Seller to renegotiate the Purchase Price reflected in this Agreement. (d) If Buyer, at its option, gives to Seller within five (5) business days after the expiration of the inspection Period, one or more written notices of any dissatisfaction of any title or survey matter with respect to the Property, Seller shall take action necessary to cure. correct, or otherwise satisfy or perform the [natters noted. Nothing in this Section 6(d) shall limit Buyer's rights under Section 6(a) or 6(c). 7 Aff nnativc Covenants of Seller. Seller agrees as follows: (a) From and after the Effective Date, Seller shall not, without the prior written consent of Buyer, enter into any transaction with respect to or affecting any part or the Property, or create or permit the creation of any new title exception affecting any part of the Property, enter into any lease, mortgage, casement, construction contract or other contract affecting any part of the Property or the development thereof. alter or improve the Property. or commit or suffer any waste to the Property. (b) Seller shall permit Buyer access to the Property prior to the Closing Date to conduct such inspections and tests as Buyer shall require. During the Inspection Period, Buyer shall be permitted to enter the Property to perform surveys, inspections, investigations and tests, including, without limitation, topographical, geotechnical, structural and environmental tests in Buyer's discretion to detennine the physical condition, suitability and feasibility of the Property in coordination with the Seller so Seller may be present. If Buyer determines, in its discrction, that the Property is not appropriate for Buyer's intended use, Buyer shall have the right to terminate this Agreement pursuant to Section 6(a). Seller acknowledges that, prior to the expiration of the Inspection Period, Buyer has limited access to, but no ownership or control of, any portion of the Property, and Buyer's access during the Inspection Period shall not cause Buyer to be considered an owner or operator of Property for purposes of environmental laws. 8. Representations and Warranties of Seller. To induce Buyer to execute, deliver and perform this Agreement, Seller hereby represents and warrants to Buyer on and as of the Effective Date and on and as of the Closing Date as follows: (a) Seller is the sole owner of the Property, title is vested in Seller and Seller has good and marketable title to the Property free and clear of liens, security interests, encumbrances, occupancy agreements, options. rights of first refusal and restrictions of every kind and description except for any liens related to indebtedness for borrowed money that Seller will cause to be discharged at or prior to the Closing; (b) there arc no claims, causes of action or litigation or administrative proceedings pending or. to Seller's knowledge, threatened with respect to the ownership or operation of the Property. including, without limitation, disputes of tenants, employees, government authorities, environmental groups, pnor owners, utilities, contractors, adjoining landowners or suppliers of goods and services; and (c) Seller has no knowledge of any substance, chemical or waste on or affecting the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Seller has no knowledge that the Property has been used at any time as waste dump site nor has it been used to store hazardous waste or materials that cause a present or future hazard to the groundwater or thc environment, and to the best knowledge of and belief of Seller, the Property is substantially free of all latent and non - apparent hazards and charactenstics which would impair the use of the Property for Buyer as contemplated herein. Seller shall notify Buyer if any of Seller's representations and warranties under this Agreement arc or become untrue immediately upon Seller's discovery thereof. 9. Conditions to Closing. (a) Buyer's obligation to complete the Closing contemplated hcrcin is conditioned upon each of the following: (i) all representations and warranties of Seller shall be true and correct in all material respects as of the Closing; (ii) Seller shall have observed and performed all of Seller's covenants and obligations under this Agreement as and when required herein; and (iii) Seller shall have executed and delivered all documents and instruments required by this Agreement as of the Closing. (b) Seller's obligation to complete the Closing contemplated herein is conditioned upon Buyer having delivered (i) the Purchase Price in the form called for herein and (ii) thc documents required to be executed and delivered by Buyer at the Closing. 10. Closing and Possession. (a) At Closing, Seller shall execute and deliver (i) a Warranty Deed conveying the Property to the Buyer free and clear of liens and encumbrances; (ii) a certification of Seller's non -foreign status pursuant to Section 1445 of Internal Revenue Code of 1986, as amended, of the United States of America (the "Code"); (iii) such other releases, terminations, affidavits, bills of sale. assignments and conveyance documents as Buyer may require to consummate the sale of the Property; (v) evidence of Seller's authority to consummate the transactions herein; and (vi) the closing statement (the "Closing Statement"). (b) Neither Party will be required to be present in person at the Closing if such Party has delivered all of the items it is required to deliver at the Closing on or before the Closing. 11. Prorations. (a) Buyer shall receive a credit against the Purchase Price for the amount of current real estate and personal property taxes levied against the Property that are unpaid as of the Closing Date and that arc allocable to the period prior to and including the Closing Date (based on the actual number of days elapsed in a year over the total number of days in such year), the amount of such credit to be determined on the basis of the current tax bills for the Property or, if the samc arc not available on the day of the Closing, the most recent ascertainable assessed value and tax rate, with the Parties agreeing to re -prorate said taxes upon the receipt of the actual tax bills for the Property. Seller shall be responsible for paying the real estate taxes for all periods prior to the tax year in which the Closing occurs out of Seller's own funds and Seller shall provide evidence of the payment thereof at or prior to the Closing Date. (b) Other items customarily adjusted upon the sale of a property similar to the Property shall be adjusted by the Parties. Seller and Buyer shall diligently attempt to determine the exact amounts of prorations and adjustments prior to or at the Closing; provided however, that the Parties acknowledge that exact amounts may not be available at the Closing and agree to re -prorate such items following the Closing based upon final bills or statements. (c) Special Assessments. Seller shall pay all special assessments which arc a lien on the Property as of the Closing. 12. Expenses. (a) Buyer shall pay for (i) all costs of Buyer's inspcction of the Property, except as expressly set forth in Section 12(b); (ii) the costs of the Survey, if obtained; (iii) the cost of recording the Deed; (iv) any and all transfer taxes, deed stamps or other taxes due in connection with the sale or conveyance of the Property contemplated herein; and (v) the fees and expenses of Buyer's counsel. (b) Seller shall pay for (i) the fees and expenses of Seller's counsel: and (ii) the costs of recording and/or filing any releases relating to any liens against Seller's interest in the Property. 13. Brokerage. The Listing and Selling Agents/Brokers are agents of the parties hereto as outlined below, and their fiduciary duties of loyalty and faithfulness are owned to the party they represent; however, they must treat the other party with honesty and fairness. Seller is represented by Jeff Edburg/Lepic Kroeger, Realtors. Seller hereby agrees to indemnify, defend and hold the other harmless from and against any and all claims, causes of action, losses, damages, liabilities, judgments, settlements and expenses (including, without limitation, attorneys' fees) that the other may sustain or incur by reason of its breach of the foregoing representation and warranty. The provisions of this Section 13 shall survive the Closing or termination of this Agreement. 14. Casualty or Condemnation. If, prior to the Closing, any of the improvements on the Property are destroyed or damaged, or if any part of the Property is subject to a condemnation proceeding, Seller shall promptly notify Buycr thereof and Buyer shall have the option, exercisable by delivery of written notice to Seller within fifteen (15) days after Buyer receives such notice, to terminate this Agreement. If Buyer docs not elect to terminate this Agreement as provided above, Seller shall, at the Closing, (a) assign or pay to Buyer all insurance or condemnation proceeds collected or claimed and the amount of any deductible or co-insurance applicable to damage or destruction, or (b) reduce the Purchase Price by an amount equal to the cost to repair or to replace the portion of the Property damaged or destroyed, which amount is subject to the approval of Buyer. In connection with any such assignment under subsection (a) above, Seller shall cause Seller's insurance carrier to acknowledge such assignment and agree to pay to Buyer any proceeds of such insurance. Seller shall not settle any such proceedings without Buyer's consent, and Seller shall, at the Closing, assign or pay to Buyer all condemnation awards collected or claimed relative to such taking. 15. Default. If Buyer or Seller defaults in the performance of its obligations hereunder and the other Party is not then in default in the performance of its obligations hereunder, at the Non -Defaulting Party's discretion it may terminate this Agreement by the delivery of notice thereof to the other Party. 16. Survival. All representations, warranties. covenants, agreements and obligations of the Parties shall, notwithstanding any investigation made by either Party, survive the Closing and the same shall inure to the benefit of and be binding upon the respective successors and assigns of the Parties. 17. Notices. Seller and Buyer may send notices hereunder on behalf of their respective clients, such notices to have the same force and effect as notices delivered hereunder by the Parties. Any notice required or permitted to be given hereunder by one Party to the other shall be in writing and shall be effective (i) when delivered in person; (ii) when sent by fax to the fax number specified below and receipt of delivery confirmation; (iii) if delivered by courier, one (1) day after being deposited with a reputable overnight courier such as FedEx or UPS; (iv) e-mail with notices consisting of a PDF attachment; or (v) if delivered by mail, two (2) days after being deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, at the addresses set forth below (either Party may change its address for notice by delivering written notice to the other Party in accordance with the terms hereof): Notices to Buyer: Iowa Interstate Railroad, LLC 5900 6th St. S.W. Cedar Rapids, IA 52404 Attn: Chief Legal Officer (email: obhouck tiaisrr.com) Notices to Seller: City of Iowa City, Iowa City Attomey 410 East Washington Street Iowa City, Iowa 52240 (email: cgoerstaiowa-city.org) 18. Miscellaneous. This Agreement represents the entire agreement between the Parties with respect to the subject matter hereof, and all prior negotiations and oral or written communications or agreements between the Parties concerning the subject master hereof are superseded hereby. This Agreement may not be amended, modified or discharged nor may any of its terms be waived except by an instrument in writing signed by the Party to be bound thereby, This Agreement may be executed in any number of counterparts and by facsimile, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Time is of the essence of this Agreement. Seller or Buyer may not assign its rights or delegate its obligations hereunder without the prior written consent of the other Party. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa without regard to its conflicts of laws rules. If any term, covenant or condition of this Agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement. or the application of such term, covenant or condition to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby and each term, covenant and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. The prevailing Party in any dispute arising out of this Agreement shall be paid its legal fees and expenses by the non -prevailing Party, whether or not litigation is instituted. if the date for performance of any act hereunder, or if the date of expiration of any time period hereunder, falls on a Saturday, Sunday or legal holiday observed in the State, then the time for performance thereof, or the date of expiration thereof, shall be deemed extended to the next successive business day. "Business day" means any day other than a Saturday, Sunday or legal holiday observed in the State. 19. City Council Approval. This Agreement is subject to approval by the City Council of' Iowa City as required by Section 364.7 of the Code of Iowa. [The remainder of this page is inienfionally left blank: signatures follow on next page] IN WITNESS WHEREOF. this Agreement is executed as of the date set forth below. BUYER: SELLER: IOWA INTERSTATE RAILROAD, LLC, a Delaware limited liability company By: l/'lJ/1' City of Iowa City, Iowa a municipal corporation By_ )oscp(B. Parsons Geoff Fruin President'CEO City Manager Date'. ..,'t=- .)- 1L . 2022 Date: -5unc Z'l , 2022 (Date must be completed) (Date must be completed) a / 2 [THIS DOCUMENT ISA NON-BINDING PROPOSAL ONLY AND LS NOT INTENDED TO BE EXECUTED UNTIL SUCH TIME AS 10W.4 INTERSTATE RAILROAD AND THE CITY OF 10WA CITY. IOWA, AGREE UPON THE DEFINITIVE TERMS OF SAME J Item Number: 10. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT June 6, 2022 Resolution approving project manual and estimate of cost for the construction of the Gilbert Street Pavement Repair — CRANDIC Railroad Crossing Approach Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Ethan Yoder, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $150,000 available in the Annual Pavement Rehabilitation account #S3824 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Executive Summary: This project generally includes removal and replacement of the railroad crossing approach, pavement and sidewalk, as well as new storm sewer and intakes. Background /Analysis: This project is located at the CRANDIC railroad crossing on S Gilbert Street. The railroad crossing and adjacent pavement in this area are in poor condition. This joint project between the City and CRANDIC will repair the crossing and pavement, as well as improve the drainage, in this area. Project Timeline: Resolution setting Public Hearing- May 17, 2022 Public Hearing and Approve Project Manual — June 6, 2022 Bid Letting — July 5, 2022 Award Date — July 12, 2022 Construction Start — August 2022 Final Completion — Fall 2022 ATTACHMENTS: Description Location Map Resolution Ty tri; 071 BOWERY ST Ln - 4,4 7 PROJECT LOCATION BENTON ST KIRKWOOD, N A Gilbert Street Pavement Repair — CRANDIC Railroad Crossing Project 1s! 11 Prepared by: Ethan Yoder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5145 Resolution No. 22-154 Resolution approving project manual and estimate of cost for the construction of the Gilbert Street Pavement Repair — CRANDIC Railroad Crossing Approach Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in the Annual Pavement Rehabilitation account #53824. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 3:00 p.m. on the 5'h day of July, 2022. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 6:00 p.m. on the 12th day of July, 2022, or at a special meeting called for that purpose. Passed and approved this 6th Attest:2-1 (. ;._e City Clerk j ` 1 City Attorney' g Office (Sara Greenwood Hektoen - 06/01/2022) day of June , 2022. J Resolution No. 22-154 Page 2 It was moved by Taylor and seconded by Bergus 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 Resolution be Item Number: 11. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT June 6, 2022 Resolution Adopting the Additional Social Justice and Racial Equity Grant Allocations for Fiscal Year 2022 Prepared By: Stefanie Bowers, Human Rights Coordinator Reviewed By: Geoff Fruin, City Manager Sue Dulek, First Assistant City Attorney Fiscal Impact: $25,000.00 Recommendations: Staff: Approval Commission: The Human Rights Commission recommends full funding for the Iowa Chapter of American Student Dental Association and partial funding for the Iowa City Catholic Worker. The motion passed 8-0. Attachments: Resolution Exhibit A Executive Summary: This resolution is to allocate the additional $25,000 funding provided by City Council at its May 3, 2022 Work Session to the Social Justice and Racial Equity Grants for fiscal year 2022. Background /Analysis: In 2017, the City Council created the Social Justice and Racial Equity (SJ RE) Grant to assist community-based organizations in building capacity to address social justice and racial equity needs. Seventy-five thousand dollars has been allocated yearly for the SJ RE Grant since fiscal year 2019. Social justice and racial equity are defined as both a process and a goal. "The goal is full and equal participation of all groups and individuals in a society that is mutually shaped to meet their needs, allow them to reach their full potential, and limit/decrease barriers. This definition includes a vision of society that is equitable, and where all members are physically and psychologically safe and secure." The grant is available to for profit and non profit Iowa City based organizations to fund programs, activities, or services that help eliminate inequities in the community.. The grant has six priority service areas: education, building communities, housing, criminal justice, health, and employment. Organizations whose programs, services, or activities address one or more of these priorities are considered first for funding.Applications for the grant were available to apply for from December 1, 2021 to January 7, 202. The Human Rights Commission met on February 22, 2022 to review the nineteen funding requests. By a vote of 5-0 the Commission recommended to City Council to fund seven local organizations. The total allocation was $75,000.00. The City Council approved this recommendation at its April 19, 2022 Formal Meeting. At its May 3, 2022 Work Session the City Council decided to approve an additional $25,000 for the Social Justice and Racial Equity Grant for fiscal year 2022 and asked the Human Rights Commission to review and recommend applicants from the original pool of candidates for funding. The additional funding is provided from Resolution No. 20-159, that provides for $1,000,000 to promote racial equity and social justice in the Iowa City community. The Human Rights Commission met on May 24, 2022 to review applicants. Prior to this meeting staff sent out emails to organizations that were in this pool of applicants and eligible to receive funding to determine the following: 1) If partially funded (amount less than requested) could the organization still complete the original proposal between July 2022 to July 2023? 2) 1 yes, what would be the minimum amount that the organization could receive to complete the proposal? Two organizations responded that they could fulfill both goals. The Human Rights Commission recommends both for funding. Iowa Chapter of American Student Dental Association (IASDA) IASDA will purchase the book So You Want to Talk About Race by Ijeoma Oluo for every dental student at the University of Iowa College of Dentistry. For a school wide book read to spark discussions about disparities that exist in the school and in Iowa communities. This will have a community impact because student will be able to reflect on their own biases and learn about racial injustices that exist to this day. This will have a wide community impact because it will allow students to improve their patient interactions as dental health care providers that treat patients from numerous backgrounds that come to receive care from all across Iowa. Iowa City Catholic Worker House The Catholic Worker will launch a new program called Escucha Mi Voz Whole Worker Organizing Project, an immigrant -led initiative that will publish a Spanish-language newsletter and train immigrant workers in community leadership, identify issues impacting them, and take action to address them, including lobbying, letter -writing, direct action, going on strike, and voting. The Escucha Mi Voz Whole Worker Organizing Project came to be through the Fund Excluded Workers Coalition in 2021 that trained dozens of immigrant leaders to win millions of dollars in pandemic relief and racial equity for excluded workers. The organizing committee of immigrant leaders began to call themselves Escucha Mi Voz and develop and expand an immigran -led vehicle for community improvement. ATTACHMENTS: Description Resolution Exhibit A Prepared by: Stefanie Bowers, Human Rights Coordinator, Office of Equity & Human Rights, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5022. Resolution No. 22-155 Resolution Adopting the Additional Social Justice and Racial Equity Grant Allocations for Fiscal Year 2022 Whereas, the City Council approved funding in the fiscal year 2022 budget for Social Justice and Racial Equity ("SJRE") Grants for community-based organizations to build capacity to address social justice and racial equity; and Whereas, the City has disseminated the SJRE Grant applications to Iowa City organizations; and Whereas, the City has received 19 applications for the SJRE Grant for fiscal year 2022; and Whereas, the Human Rights Commission held a meeting to discuss and review applications regarding the allocation of funds for the SJRE Grant for fiscal year 2022; and Whereas, the Human Rights Commission recommended that 7 local organizations be approved; and Whereas, the City Council approved that recommended at its April 19, 2022, formal meeting date; and Whereas, at its May 3, 2022, Work Session, the City Council provided the Human Rights Commission with an additional $25,000.00 out of funding that was created under Resolution No. 20-159 to promote racial equity and social justice in Iowa City; and Whereas, the Human Rights Commission held a meeting to review previously submitted applications for the SJRE Grant for fiscal year 2022; and Whereas, the Human Rights Commission recommended that 2 local organizations be approved to receive the additional SJRE Grant funding; and Whereas, the City Council finds that the SJRE Grant allocations have a public purpose and the public interest will be served by the adoption of one of the two additional fiscal year 2022 SJRE Grant allocations; and Whereas, the City Council finds that allocation of $5,440 should be made to the Iowa Chapter of the American Student Dental Association, with no allocation made to the Iowa City Catholic Worker House. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The additional allocation of fiscal year 2022 SJRE Grant funds in the amount of $5,440 to the Iowa Chapter of the American Student Dental Association is hereby approved and adopted. 2. The City Manager or designee is hereby authorized to execute, terminate, or amend SJRE Grant agreements executed in connection with the allocation of public funds, Passed and approved this 6th day of June Mayor ,2022 I .-2-114-6 xesoluL.iun LL -133 Page 2 Attest: V ; Q,.Se I City Clerk It was moved by Alter and upon roll call there were: City Attorney's Office and seconded by Weiner Ayes: Nays: Absent: x Alter X Bergus X Harmsen X Taylor X Teague x Thomas x Weiner the Resolution be adopted, EXHIBITA Organization Amount Iowa Chapter of American Student Dental Association $5,440.00 Iowa City Catholic Worker $19,560.00 Prepared by: Stefanie Bowers, Human Rights Coordinator, Office of Equity & Human Rights, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5022. Resolution No. lution Adopting the Additional Social Justice and Raci- quity Grant Allocations for Fiscal Year 2022 Whereas, the CI Council approved funding in the fiscal year 2022 budg= for Social Justice and Racial Equity ("SJRE") G -nts for community-based organizations to build ca city to address social justice and racial equity; an Whereas, the City has seminated the SJRE Grant applicatio - to Iowa City organizations; and Whereas, the City has recei ed 19 applications for the SJR. Grant for fiscal year 2022; and Whereas, the Human Rights mmission held a me- ng to discuss and review applications regarding the allocation of fund for the SJRE Gran for fiscal year 2022; and Whereas, the Human Rights Comm i •ion recomm nded that 7 local organizations be approved; and Whereas, the City Council approved that eco ended at its April 19, 2022, formal meeting date; and Whereas, at its May 3, 2022, Work Session e City Council provided the Human Rights Commission with an additional $25,000.00 out of fundi . th-t was created under Resolution No. 20-159 to promote racial equity and social justice in Iowa Ci ; and Whereas, the Human Rights Commission held a mseting to review previously submitted applications for the SJRE Grant for fiscal year 2022- -nd Whereas, the Human Rights Co ission recommende. that 2 local organizations be approved to receive the additional SJRE Gr- t funding; and Whereas, the City Council fines that the SJRE Grant allocati. s have a public purpose and the public interest will be served by the adoption of the additional fiscal y r 2022 SJRE Grant allocations. Now, therefore, be it reso ed by the City Council of the City of lo : City, Iowa, that: 1. The additional - location of fiscal year 2022 SJRE Grant funds -ttached hereto as Exhibit A is hereby approv-d and adopted. 2. The City Ma -ger or designee is hereby authorized to execute, to inate, or amend SJRE Grant agreementsexecuted in connection with the allocation of public fun. s, Passed and appryved this Attest: day of , 2022 Mayor Approved by G Ice — City Clerk City Attorney's 05/26/2022 EXHIBIT A Organizatio Amount Iowa Chapter of ^ merican Student Dental Association $5,440.00 Iowa City Catholic W• ker $19,560.00 Item Number: 12. 46,, CITY OF IOWA CITY � COUNCIL ACTION REPORT June 6, 2022 Resolution authorizing the Mayor to sign a State and Local Fiscal Recovery Fund (SLFRF) grant agreement with the Iowa City/Coralville Convention and Visitors Bureau to replace hotel/motel tax revenue lost during the COVID-19 pandemic and develop and administer a tourism and visitor recovery grant program. Prepared By: Cassandra Gripp, Grants Specialist Reviewed By: Erika Kubly, Neighborhood Services Coordinator Tracy Hightshoe, Neighborhood & Development Services Director Geoff Fruin, City Manager Fiscal Impact: The City has been allocated $18,325,190 in ARPA-SLFRF funds. This agenda item would authorize expenditure of $250,000 of those funds. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Exhibit A Exhibit B Executive Summary: As part of the American Rescue Plan Act (ARPA), the City was awarded State and Local Fiscal Recovery Fund (SLFRF) dollars to respond to impacts of the COVID-19 pandemic. This resolution authorizes a subrecipient grant agreement with Think Iowa City (Iowa City/Coralville Convention and Visitors Bureau) for $250,000 to provide revenue replacement of lost hotel/motel tax and facilitate the development and administration of a tourism and visitor recovery grant program to spur tourism and economic activity in Iowa City. This resolution further authorizes the City Manager to amend the agreement as needed, including the budget for each of these activities by upto5%. Background /Analysis: Following extensive public input at the September 7th, 2021 City Council Work Session, staff presented initial expenditure recommendations and the City Council signaled their support for several initiatives, including providing financial assistance to the arts, culture, and tourism industries to spur increased tourism & economic activity in Iowa City. In order to accomplish this objective, staff has worked closely with Think Iowa City (Iowa City/Coralville Convention and Visitors Bureau) to craft the attached agreement. The COVI D-19 pandemic has significantly impacted the tourism industry. According to the United States Census Bureau's Quarterly Workforce Indicators, the State of Iowa experienced the 10th largest decline in Tourism, Travel, and Outdoor Recreation Average Earnings when comparing the second quarter of 2019 and the second quarter of 2020. Locally, the tourism industry impacts can be illustrated by the nearly 52% decrease in hotel/motel tax revenue when comparing the same timeframe. The U.S. Treasury permits the City to make subawards with SLFRF funds for the purpose of carrying out an eligible use under the SLFRF program. Per 31 CFR 35.6(b)(3)(ii)(D) "assistance to tourism, travel, hospitality, and other impacted industries for programs, services, or capital expenditures" is an enumerated eligible use of SLFRF funds. The U.S. Treasury's Final Rule on SLFRF further states that "recipients may use funds to respond to the public health emergency with respect to COVI D-19 or its negative economic impacts, including...aid to impacted industries such as tourism, travel, and hospitality". Thus, the replacement of lost revenue and development and administration of a recovery grant program proportionately addresses the impacts of the COVI D-19 pandemic and is an eligible use of SLFRF funds. ATTACHMENTS: Description Resolution ThinklC SLFRF SubAward AgreementThinklC SLFRF SubAward Exhibit A Think! C SLFRF SubAward Exhibit B ThinklC SLFRF SubAward Prepared by: Cassandra Gripp, Grants Specialist, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution no. 72-1 56 Resolution authorizing the Mayor to sign a State and Local Fiscal Recovery Fund (SLFRF) grant agreement with the Iowa City/Coralville Convention and Visitors Bureau to replace hotel/motel tax revenue lost during the COVID-19 pandemic and develop and administer a tourism and visitor recovery grant program. Whereas, Think Iowa City Tourism Recovery Program ("TRP"), a program of Subrecipient, has two primary objectives: (1) replacement of hotel/motel tax revenue lost by Subrecipient during the depressed tourism and hospitality period of COVID-19, and (2) administration of a tourism and visitor recovery grant program to spur tourism and economic activity in the Iowa City area; and Whereas, the COVID-19 pandemic has had a severe negative impact on the tourism and hospitality industries in Iowa City and elsewhere; and Whereas, the depressed tourism and hospitality economies have reduced the hotel/motel tax revenue upon which Subrecipient relies for operations; and Whereas, Subrecipient hotel/motel tax revenue went from $292,012 between April 1, 2019 and March 31, 2020 to $165,577 between April 1, 2020 and March 31, 2021, a difference of $126,436; and Whereas, the length of the COVID-19 pandemic has caused tourism and hospitality habits to change among residents and former visitors, presenting the need to reinvigorate those fields to reengage visitors in all that is wonderful about the Iowa City area; and Whereas, the U.S. Department of Treasury allocated the City funds through the State and Local Fiscal Recovery Fund ("SLFRF") as part of the American Rescue Plan Act (aka, ARPA) to meet local needs; and Whereas, federal regulations permit the City to make subawards with SLFRF funds for the purpose of carrying out an eligible use under the SLFRF program; and Whereas, Subrecipient has proposed to the City developing the TRP, in which Subrecipient will administer a tourism & visitor recovery grant program, to help fund conferences, tournaments, and special events that positively impact the tourism, hotel, and restaurant industry within the Iowa City city limits, to spur increased tourism and economic activity in Iowa City following the pandemic; and Whereas, encouraging tourism and economic activity within the City as set forth in the Subrecipient Grant Agreement is a public purpose; and Whereas, both revenue replacement and the TRP proposal are eligible uses of SLFRF funds under 31 CFR 35.6. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: Resolution No. 22-156 Page 2 1. The Mayor is authorized to execute the attached Subrecipient Grant Agreement. 2. The City Manager is authorized to sign amendments to increase the budget for each activity by up to five percent (5%) and to sign other amendments to the Subrecipient Grant Agreement as needed. Passed and approved this 6th day of Jun2022. Attest: M Approved by City Attorney's 's ffice — 06/01/2022 Resolution No. Page 3 27-156 It was moved by Thomas 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 SUBRECIPIENT GRANT AGREEMENT This Agreement is entered into between the City of Iowa City, a municipal corporation ("City") and the Iowa City/Coralville Convention and Visitors Bureau ("Subrecipient"), an Iowa private non-profit corporation, on June 6 2022 in Iowa City, Iowa. Whereas, Think Iowa City Tourism Recovery Program (TRP"), a program of Subrecipient, has two primary objectives: (1) replacement of hotel/motel tax revenue lost by Subrecipient during the depressed tourism and hospitality period of COVID-19, and (2) administration of a tourism and visitor recovery grant program to spur tourism and economic activity in the Iowa City area; and Whereas, the COVID-19 pandemic has had a severe negative impact on the tourism and hospitality industries in Iowa City and elsewhere; and Whereas, the depressed tourism and hospitality economies have reduced the hotel/motel tax revenue upon which Subrecipient relies for operations; and Whereas, Subrecipient hotel/motel tax revenue went from $292,012 between April 1, 2019 and March 31, 2020 to $165,577 between April 1, 2020 and March 31, 2021, a difference of $126,436; and Whereas, the length of the COVID-19 pandemic has caused tourism and hospitality habits to change among residents and former visitors, presenting the need to reinvigorate those fields to reengage visitors in all that is wonderful about the Iowa City area; and Whereas, the U.S. Department of Treasury allocated the City funds through the State and Local Fiscal Recovery Fund ("SLFRF") as part of the American Rescue Plan Act (aka, ARPA) to meet local needs; Whereas, federal regulations permit the City to make subawards with SLFRF funds for the purpose of carrying out an eligible use under the SLFRF program; and Whereas, Subrecipient has proposed to the City developing the TRP, in which Subrecipient will administer a tourism & visitor recovery grant program, to help fund conferences, tournaments, and special events that positively impact the tourism, hotel, and restaurant industry within the Iowa City city limits, to spur increased tourism and economic activity in Iowa City following the pandemic; and Whereas, both revenue replacement and the TRP proposal are eligible uses of SLFRF funds under 31 CFR 35.6. Now, therefore, the City and Subrecipient agree as follows: 1. Effective Date and Term. This Agreement shall commence upon execution and remain in effect until December 31, 2026, unless terminated as provided herein. 2. SLFRF Funds. 1 The City shall provide Subrecipient a total sum not to exceed $250,000 in SLFRF funds payable as provided herein. 3. Use of Funds. Subrecipient shall use the funds for the two following activities: 1. Activity #1: Tax Revenue Replacement. Replacement of $125,000 in hotel/motel tax revenue lost by Subrecipient during the COVID-19 pandemic due to depressed tourism and hospitality. This funding will support general operations of the Subrecipient in carrying out tourism attraction and support activities in the Iowa City area. 2. Activity #2: Tourism Recovery Program. Award $125,000 for Think Iowa City to develop and administer a tourism & visitor recovery grant program to spur increased tourism and economic activity in Iowa City following the pandemic. This award will help fund conferences, tournaments, and special events that positively impact the tourism, hotel, and restaurant industry within the Iowa City city limits. 4. Payment. Activity #1: Tax Revenue Replacement The City shall pay Subrecipient the amount of $125,000 in one lump sum upon the execution of this Agreement. Activity #2: Tourism Recovery Program The City shall pay Subrecipient within thirty (30) days of receipt of an approved reimbursement claim form for TRP expenditures, not to exceed a TRP reimbursement total of $125,000. All SLFRF funds must be obligated no later than December 31, 2024, and expended no later than December 31, 2026. 5. Procurement. Subrecipient shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.317-326. 6. Quarterly Reporting. Subrecipient shall provide quarterly reports as of the end of each fiscal quarter on a form provided by the City, which will be substantially similar to the draft form, which is attached, marked Exhibit A, and incorporated herein. Such reports shall be delivered to the City not later than the tenth (10th) day following the end of each fiscal quarter (i.e., January 10, April 10, July 10 and October 10) and shall contain: a. The status of completion of the overall award, including all Activities; b. A narrative update of any progress made on each Activity during the quarter; b. The amount spent on each Activity during the quarter; c. A certification that, as of such reporting date and at all times since the previous reporting date (or if none, since the date of the Grant Agreement), Subrecipient is and has been in full compliance with all terms of the Agreement; and d. Such other items as the City shall reasonably request related to the Agreement. 7. Close Out Reporting. 2 The close out of this Agreement is governed by 2 CFR 200.343-.344. Subrecipient's obligation to the City shall not end until all close-out requirements are completed and the compliance period is over. 8. City and U.S. Treasury Recognition. Subrecipient shall insure recognition of the role of the City and the U.S. Treasury in providing funding through this Agreement. Additionally, any publication produced with the SLFRF funds must display the following language: This project is supported, in whole or in part, by federal awarded number SLFRP0047 awarded to the City of Iowa City by the U.S. Department of Treasury. 9. Termination. For Cause In accordance with 2 CFR 200.338-342, the City may terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include, but are not limited to, the following: 1 Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and U.S. Treasury guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the City reports that are incorrect or incomplete in any material respect. Prior to a suspension or termination for the reasons in this paragraph (#4) the Subrecipient shall have fifteen (15) days following written notice from the City, to cure. The City shall be obligated to make no payment due hereunder if City has notified Subrecipient, in writing, of its intent to suspend or terminate this Agreement In the event of termination, Subrecipient shall repay to the City the full amount of funds that have been disbursed to Subrecipient under the terms of this Agreement within thirty (30) days of receiving written notice from City of its intent to terminate this Agreement. The failure of City to insist upon strict performance of any of the covenants or conditions of the Agreement, or to exercise any options herein conferred in any one or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. For Convenience This Agreement may be terminated upon the mutual agreement of the parties hereto, in which case the City and the Subrecipient shall agree upon the termination conditions, including the effective date and the disposition of contract amounts. 10. SAM. Subrecipient shall maintain an active SAM registration at all times while this Agreement is in effect. 3 11. Documentation and Record Keeping. Records to be Maintained Subrecipient shall maintain all records required by the Federal regulations, which are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Financial records as required by 2 CFR 200.333-337; and c. Other records necessary to document compliance 2 CFR 200. Retention Subrecipient shall comply with the record retention requirements set forth in 2 CFR Part 200, Part D. Additionally, the Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement until January 31, 2030 ("retention period"). Such records include but are not limited to payroll, timekeeping records, invoices, receipts, purchase orders, bank statements, and cancelled checks. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the retention period, then such records must be retained until completion of the actions and resolution of all issues 12. Audits & Inspections. Throughout the retention period, all Subrecipient records with respect to any matters covered by this Agreement shall be made available to the City, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with 2 CFR Part 200, Subpart F for the funded years 2022, 2023, and 2024 and to provide the City with a copy within thirty (30) days of receipt. 13. Use and Reversion of Assets. Subrecipient's use and disposition of real property and equipment under this Agreement shall comply with the requirements set forth in 2 CFR 200.311-313. 14. Notices. All notices required to be given hereunder shall be in writing and deemed given when personally delivered or deposited in the United States mail, postage prepaid, sent certified or registered, addressed as follows: a. If to Subrecipient, to: 4 President Think Iowa City 900 1m Ave. Hayden Fry Way Coralville, IA, 52241 b. If to the City, to: City Attorney City of Iowa City 410 East Washington Street Iowa City, IA 52240 or to such other address or person as hereafter designated in writing by the applicable party in the manner provided in this paragraph for the giving of notices 15. Non Discrimination. Subrecipient shall not permit any of the following terms and practices: A. To discharge from employment or refuse to hire any individual or to discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, gender identity, disability, or handicap status. B. Subrecipient shall not deny to any person its services on the basis of race, creed, color, national original, religion, sex, marital status, sexual orientation, gender identity, disability, or handicap status 16. Title VI of the Civil Rights Act of 1964. Subrecipient, its contractors, subcontractors, successors, transferees, and assignees, shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement. 17. Third Party Beneficiary/Independent Contractor. The City's sole responsibility hereunder shall be to provide the funds to Subrecipient in accordance with the terms of this Agreement. Nothing contained in this Agreement, nor any act or omission of the Subrecipient or the City, shall be construed to create any special duty, relationship, third -party beneficiary, respondent superior, limited or general partnership, joint venture, or any association by reason of the Subrecipient's involvement with the City, nor shall the City have authority to direct the manner or means by which Subrecipient conducts activities. 18. Conflict of Interest. Iowa Law 5 Upon signing this Agreement, Subrecipient 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, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5 SLFRF Requirement Subrecipient shall maintain a conflict-of-interest policy consistent with 2 CFR 200.318(c) which is applicable to each activity funded with an SLFRF award. Subrecipient shall disclose to the City and to the U.S. Treasury any potential conflict of interest affecting the awarded funds in accordance with 2 CFR 200.112. 19. Indemnification. Each party agrees to release, indemnify and hold the other parties, their officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the party by reason of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non-performance by the other parties or their servants, employees or agents of any covenant or condition of this Agreement or by any act or failure to act of those persons. The City shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the City's control. 20. Conflict of Laws/Venue/Jurisdiction. 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. 21. Amendment. All amendments shall be in writing and signed by both parties to this Agreement. 22. Severability. In the event any portion of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected thereby and shall continue to be valid and enforceable and if, for any reason, a court finds that any provision of this Agreement is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal and enforceable then such provision shall be deemed to be written, construed and enforced as so limited. 23. Successors and Assigns. 6 This Agreement shall be binding upon, and inure to the benefit of both parties and their respective permitted successors, assigns and other legal representatives. Neither this Agreement nor the rights arising hereunder shall be assignable by either of the parties hereto to any third party without the prior written consent of the other party to this Agreement 24. Captions. The captions of the sections of this Agreement are for convenience of reference only and in no way define, limit or affect the scope or substance of any section of this Agreement. 25. Entire Agreement/Integration. This Agreement constitutes the entire agreement between the City and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the Subrecipient with respect to this Agreement. 26. SLFRC Regulations. This Agreement is subject to the Final Rules issued by the U.S. Department of Treasury published on January 6, 2022 for the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act. Subrecipient acknowledges that the U.S. Department of Treasury may amend the SLFRC regulations during the term of this Agreement, and Subrecipient agrees to comply with any applicable amended regulation. 27. Labor Standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for review upon request. 28. Compliance with Laws and Guidelines. Subrecipient certifies that this Agreement will be conducted and administered in compliance with the federal laws, regulations, and Executive Orders contained in Exhibit B, which is attached and incorporated herein. In addition to the specific laws set forth in this Agreement, Subrecipient shall comply with all federal, state, and local laws. 7 CITY OF IOWA CITY /a rte_ 6/6/2022 Date IOWA CITY/CORALVILLE CONVENTION AND VISITORS BUREAU 6a" dhafnberger esident Approved: a To be completed by City: Subrecipient Name: Think Iowa City Project Name: ThinkIC Tourism Recovery Project ID Number: Subaward No.: Total Award: $ 250,000.00 CITY OF IOWA CITY ARPA-SLFRF Quarterly Report Form Reporting Period (select one): D Jan -Mar (Q1) ❑ Apr -June (Q2) E July -Sept (Q3) ❑ Oct -Dec (Q4) Amount of Costs Incurred (cumulative, to -date): $ 'a• Amount Expended (cumulative, to -date): Program Income Earned (cumulative, to -date): $ . - Program Income Expended (cumulative, to -date): $ 'J Completion Status: - Brief Description of Project Accomplishments for the Quarter: Subaward Specific Data: 1. Please attach and upload with this form any invoices and/or supporting documentation per the Subrecipient Agreement. Signature Date EXHIBIT B CERTIFICATIONS Subrecipient hereby certifies that the grant will be conducted and administered in compliance with: (1) Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d, et sec.) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 U.S.C. 3601, et seq.), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Orders 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination in Employment Act of 1975 (Pub. L. 94-135), as amended, and implementing regulations when published for effect; (9) The relocation requirements of Title II and the acquisition requirements of Title 1II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD implementing regulations set forth in 24 CFR Part 42; (10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution; (11) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234); (12) The applicable regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, 24 CFR 85 and Subpart J of 24 CFR 570, A-87, A-110, A-122, A-128 and A-133 as they relate to the acceptance and use of federal funds under this federally -assisted program; (13) The Clean Air Act (42 U.S.C. 7401 et.seq.) as amended; particularly section 176 (c) and (d) [42 U.S.C. 7506 (c) and (d)]; (14) The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (I) et.seq., and 21 U.S.C. 349) as amended; particularly section 1424 (e) (42 U.S.C. 300 (h)-303 (e)); (15) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. Seq.) as amended; including but not limited to section 7 (16 U.S.C. 1536) thereof; (16) The Reservoir Salvage Act of 1960 916 U.S.C. 469 et.seq.); particularly section 3 (16 U.S.C. 469a-1); as amended by the Archeological and Historical Preservation Act of 1974; (17) Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et.seq.) as amended; particularly sections 102(a) and 202(a) [42 U.S.C. 4012a(a) and 4106(a)]; (18) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. Seq.); particularly sections 2 and 5; (19) Lead -Based Paint Poisoning Prevention requirements of 25 CFR Part 35 issued pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 et.seq.); (20) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended; particularly section 106 (16 U.S.C. 4700; and (21) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et seq.); particularly section 2(c). (22) Construction work financed in whole or in part with federal funds is subject to the prevailing wage requirements of the Davis -Bacon Act (29 CFR, Parts 3 and 5), the Copeland Act (29 CFR Part 3), and the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). When a project meets this applicability requirement, the labor standards provision of the HUD 4010 and the Davis - Bacon Wage Decision issued for the project will be incorporated into this contract document and shall be incorporated into all construction contracts and subcontracts of any tier thereunder. (23) No ARPA funds may be expended for lobbying purposes and payments from other sources for lobbying must be disclosed (24 CFR Part 87). (a) No federally appropriated funds have been or will be paid, by or on behalf of subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (24) Where asbestos is present in property undergoing rehabilitation, Federal requirements apply regarding worker exposure, abatement procedures and disposal. (CPD -90-44 EPA/OSHA). (25) Compliance with Applicable Law and Regulations. (a) Subrecipient agrees to comply with the requirements of sections 602 and 603 of the Act, regulations adopted by Treasury pursuant to sections 602(0 and 603(0 of the Act, and guidance issued by Treasury regarding the foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Subrecipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. (b) Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Goverunentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a tern or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. (c) Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. • (26) Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. (27) Protections for Whistleblowers. (a) In accordance with 41 U.S.C. § 4712, Subecipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (b) The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. (c) Subrecipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. (28) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Subrecipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. (29) Reducing Text Messagng While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Subrecipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies to decrease accidents caused by distracted drivers. (30) Appendix 11 to 2 CFR Part 200. Subrecipient shall comply with the following: • Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract' in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." • All applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). • Debarment and Suspension (Executive Orders 12549 and 12689) - A subcontract must not be made to parties listed on the govenunentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. • Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. • § 200.322. (a)As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.