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2023-06-06 Resolution
Item Number: 5.a. CITY OF IOWA CITY Z%--_ �=Pa COUNCIL ACTION REPORT June 6, 2023 Resolution accepting the work for the Wetherby Park Sidewalk and Driveway Project. Prepared By: Ethan Yoder, Civil Engineer Reviewed By: Juli Seydell Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Engineer's Report Resolution Executive Summary: The project has been completed by Bockenstedt Excavating of Iowa City, Iowa in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. • Project Estimated Cost: $ 93,000.00 • Project Bid Received: $ 78,448.00 • Project Actual Cost: $ 81,794.80 Background / Analysis: Wetherby Park is an existing park located in south Iowa City and the park's existing amenities included a splash pad, playground equipment, a picnic shelter, cooking grills, sports courts, restrooms, a disc golf course, community garden plots, and a hiking path. The City was looking to improve the park through the removal and replacement of existing sidewalk, constructing new sidewalk to enter the park and access the community gardens, and reconstruction of the vehicle access drive from Taylor Drive. ENGINEER'S REPORT May 25, 2023 Re: Wetherby Park Sidewalk and Entrance Project Dear City Clerk: I l t °� WIa1�p®1 CITY OF IOWA CITY 410 East Washington. Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org I hereby certify that the Wetherby Park Sidewalk and Entrance Project has been completed by Bockenstedt Excavating of Iowa City, Iowa, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The project was bid as a unit price contract and the final contract price is $81,794.80 There was a total of two (2) change or extra work orders for the project as described below: 1) Drainage pipe under sidewalk $1,515.00 2) Full Depth HMA patching change to HMA Overlay $8,662.04 TOTAL $10,177.04 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, C Jason Havel, PE City Engineer S+ CL - Prepared by: Ethan Yoder, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 Resolution No. 2-1-194 Resolution accepting the work for the Wetherby Park Sidewalk and Driveway Project Whereas, the Engineering Division has recommended that the work for construction of the Wetherby Park Sidewalk and Driveway Project, as included in a contract between the City of Iowa City and Bockenstedt Excavating of Iowa City, IA dated June 28, 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Wetherby Park Entrance & Parking Lot account #R4393; and Whereas, the final contract price is $81,794.80. 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 Mayo 2023 Approved by Attest: � City Clerk City Attorn s Office (Liz Craig — 05/30/2023) It was moved by Taylor adopted, and upon roll call there were: Ayes: X X X X X X X and seconded by Nays: Alter the Resolution be Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner Item Number: 5.b. CITY OF IOWA CITY Z%--_ �=Pa COUNCIL ACTION REPORT June 6, 2023 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 the University of Iowa to provide engineering consultant services for the Water Geological Survey. Prepared By: Reviewed By: Fiscal Impact: iii: - •.Z�T'i 11 i 6510711 Commission Recommendations Attachments: Resolution Agreement Marri VanDyke, Civil Engineer Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager $132,254 available in the Collector Well No Upgrade Account #W3322 Approval N/A 2 Cleaning and Executive Summary: This agenda item approves a consultant agreement with the University of Iowa for geological survey and data collection services. This data will inform the ongoing design of the Collector Well No. 2 Cleaning and Upgrade Project, as well as a future Water Storage Study. Background / Analysis: The City entered into an Agreement with Strand Associates, Inc. on May 17, 2022 for design, bidding, and construction related services for the Collector Well No. 2 Project, which includes well maintenance and installation of new laterals. The City also anticipates a future need for greater well expansion beyond the Collector Well No. 2 Project, and intends to hire a design consultant to conduct a study and provide recommendations. In order to better inform this study, as well as lateral placement for the Collector Well No. 2 Project, the City desires to obtain geological survey and data collection services from the Iowa Geological Survey (IGS), which is a department of the University of Iowa. A sole source procurement request for IGS was approved on March 28, 2023. Prepared by: Marri VanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5044 Resolution No. 93_155 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 the University of Iowa to provide engineering consultant services for the Water Geological Survey. Whereas, the City entered into an Agreement with Strand Associates, Inc. on May 17, 2022 for design, bidding, and construction related services for the Collector Well No. 2 Project, which includes well maintenance and installation of new laterals; and Whereas, the City anticipates the need for greater well expansion in the future; and Whereas, the City intends to hire a design consultant to conduct a study and provide recommendations for future well expansion; and Whereas, the City desires to obtain the services of the Consultant to provide geological survey and data collection services which will be used to inform said study, as well as lateral placement for the Collector Well No. 2 Project; and Whereas, the Iowa Geological Survey (IGS) is a department of the University that can provide said services; and Whereas, a sole source procurement request for the Consultant was approved on March 28, 2023; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with the University of Iowa to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with the University of Iowa; and Whereas, funds for this project are available in the Collector Well No. 2 Cleaning and Upgrade Account #W3322. 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 6 t -h day of 11111P 2023 Resolution No. ?3-155 Page 2 M o Approved by Attest: Cit ClerkT- City Attorneis Office (Liz Craig - 06/01/2023) It was moved by Taylor and seconded by adopted, and upon roll call there were: Ayes: Nays: Alter the Resolution be Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas Consultant Agreement This Agreement, made and entered into this 6 h day of June, 2023, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and the University of Iowa, hereinafter referred to as the Consultant. Whereas, the City entered into an Agreement with Strand Associates, Inc. on May 17, 2022 for design, bidding, and construction related services for the Collector Well No. 2 Project, which includes well maintenance and installation of new laterals; and Whereas, the City anticipates the need for additional ground water wells in the future on City - owned property near the Iowa River, namely at the Water Treatment Plant, the Peninsula Park, along Normandy Drive, Foster Road and/or in City Park; and Whereas, the City intends to hire a design consultant to conduct a study and provide recommendations for future well expansion; and Whereas, the City desires to obtain the services of the Consultant to provide geological survey and data collection services which will be used to inform said study, as well as lateral placement for the Collector Well No. 2 Project; and Whereas, the Iowa Geological Survey (IGS) is a department of the University that can provide said services; and Whereas, a sole source procurement request for the Consultant was approved on March 28, 2023; and Whereas, funds are available in the Collector Well #2 Cleaning and Upgrade Account W3322. 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 The Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. Attend a kickoff meeting with City staff and the City's design consultant. B. Conduct a geophysical survey of the sites A -M, as indicated on the attached Exhibit A, incorporated herein by this reference, to collect data that will enhance the hydrologic characterization and understanding of the Iowa River alluvial deposits and their water supply potential by using electrical resistivity (ER) and passive seismic (PS) methods. Survey locations are subject to change based on impassible areas and/or identified sources of noise. Water Plant Site • Area A / CW -1: 1 ER line, 5 PS points, 2 PS control points. • Area B / Riverbank: 3 ER lines, 12 PS points, 2 PS control points. • Area C / CW -2: 2 ER lines, 5 PS points, 2 PS control points. • Area D / Aquifer: 12 PS points and 2 PS control points. -2 - Peninsula Site • Area E / Aquifer: 10 PS points and 2 PS control points. • Area F / Riverbank: 1 ER line and 3 PS points, 1 PS control point. • Area G / Riverbank: 1 ER line and 3 PS points, 1 PS control point. Normandy Drive and City Park • Area H / Riverbank: 1 ER line and 4 PS points. • Area I /Aquifer: 12 PS points and 1 PS control point. • Area J / Riverbank: 1 ER line and 3 PS points. • Area K / Riverbank: • Area L / Riverbank: Foster Road Park • Area M / Riverbank: ER line and •3 PS points. ER line and 3 PS points. 3 PS points. C. Conduct confirmation drilling under the direction of an IGS certified well driller using the IGS #35 -SCS Giddings drilling machine mounted on a RAM 5500 truck, as follows: • Drill eleven (11) soil borings to a maximum depth of 50 feet each, or auger refusal. Selection of the drilling targets will be based on favorable geophysical characteristics and site access. o Visually log the soil cuttings and collect soil cutting samples at 5 -foot intervals from the solid stem flight auger. Preserve the samples for laboratory testing. o Complete grain size distribution analyses for each soil sample. Samples that consist of predominantly clay will not be tested. o Plug the soil boring upon completion of drilling. • Install five (5) monitoring wells for the purpose of establishing well interference. The locations are anticipated in the vicinity of the collector wells. The wells will coincide with five boring locations. The wells will be constructed using 2 -inch diameter PVC with a five-foot long screen and completed to a depth of 25 feet deep, or approximately 10 feet below the water table. o Place a water level transducer in each monitoring well and monitor for a period of 1 week to establish the pumping influence of the nearby collector well. This information would be used in the predictive simulations. o Plug the monitoring wells upon completion of the project. D. Complete a predictive water level drawdown analysis for hypothetical vertical wells. • The prediction will use available, extrapolated, or inferred hydrogeologic information to estimate a discharge/drawdown relationship for each simulated well location. Potential vertical well locations will be selected based on the geophysical characteristics that suggest higher aquifer permeability and/or greater aquifer thickness. -3 - The simulation will provide a drawdown prediction for each hypothetical well location based on best available hydrogeologic information and assumptions. The result will aid in the estimating of preliminary well capacity and well spacing criteria. The simulations will not be a 3D groundwater model and will not predict vertical or collector well drawdown, nor will it be able to account for boundary condition impacts (e.g., river recharge or aquifer limiting low permeability). Synthesize the pumping test results, boring logs, and grain size distribution information into a best estimate of hydrologic parameters and apply it to the aquifer. Aquifer parameters from previous testing at nearby collector well(s) will be weighted highest. Project the estimates into hypothetical vertical well locations selected based on the geophysical results. Perform a forward -model to estimate a well discharge and drawdown relationship for each hypothetical vertical well location and assess the implication for vertical well spacing. E. Generate a letter report summarizing the methods, findings, and recommendations. The report will include a summary of the field work and maps of the known aquifer characteristics. It will integrate previous study results and discuss the potential for the development of vertical wells and collector well laterals along the tested orientations. F. Meet with the City and the City's design consultant to discuss results and recommendations. City Responsibilities. The City agrees to provide the following, as available or needed: • Utility maps for Areas A -M shown in Exhibit A, preferably in ArcGIS format. • Access to properties for surveys and testing. • Vegetation clearing to provide a path between CW -1 and CW -2, and between CW -3 and CW -4, to allow access for the geophysical survey lines. • Assistance with pre -testing and pre -drilling utility locates. • Provide survey coordinates and a ground level elevation at each of the (5) monitoring wells. • Digital spreadsheet of historic water levels in the alluvial monitoring wells on the Water Treatment Plant site. III. Time of Completion Services shall be performed by the Consultant in accordance with the following schedule. Geophysical survey and drilling shall begin immediately upon execution of the agreement. Project deliverables will be completed by November 31, 2023, subject to weather- related, access, or other delays out of the control of the Consultant. M,E IV. Compensation for Services Consultant shall perform the above-described services for the lump sums listed below. 1. Geophysical Survey $80,431 2. Drilling, Soils'Testing, and Monitoring Wells $38,160 3. Predictive Water Level Drawdown Analysis & Report $13,663 Total lump sum: $132,254 V. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "not -to -exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written `consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative -5 - to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, 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 Consultant agrees to be responsible, to the full extent permitted by the Iowa Tort Claims Act (Iowa Code Chapter 669), for any and all claims for wrongful death, personal injury or property damage arising from activities under this Agreement and resulting directly from the negligence or wrongful acts or omissions of University or its employees acting within the scope of their employment. 2. The University of Iowa shall assume responsibility for and indemnify and hold the City harmless from all claims, damages, and/or liability, arising from UI's temporary use of right of way to the full extent permitted by Chapter 669, Iowa Code (2023). Provided, however, that the UI shall not be responsible for, indemnify, or hold City harmless for damage resulting from the City's negligence. P. Insurance The University of Iowa satisfies all claims against it in its capacity as a self- insured agency of State of Iowa government. The University of Iowa is covered as follows: (a) workers' compensation as provided by Chapter 85, Iowa Code; (b) liability claims against the State of Iowa as provided by Iowa Code Chapters 25 and 669 (Iowa Tort Claims Act); (c) for vehicular liability, including owned, non -owned and rental vehicles, via a self-insurance pool for claims up to $250,000, with claims exceeding $250,000 processed through the tort claims process in accordance with Iowa Code Chapter 669; and (d) professional liability insurance (through a self-insurance program) for Principal Investigators who are a member of the University of Iowa Physicians Plan. Coverage is extended to claims based on injury that results from health care professional services provided, or which should have been provided, by University of Iowa Physicians Plan members and participants, with a coverage limit of $5,000,000 per claim and an annual aggregate limit of $9,000,000. Consistent with the terms of Iowa Code Chapter 669, the State of Iowa indemnifies and defends state employees to the extent that a claim results in liability beyond the coverage limit per claim. Q. Standard of Care The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. -7- For the City For the Consultant By: t, L-2 By: Wendy Bea Title: Mayor Title: Executive Direct Division of Spo or Programs Attest: Date: June 6, 2023 ate: Approved by: City At rney's We �e-6-�3 Date DocuSign Envelope ID: 90E3FC07-3A9A-49DD-8258-OBA9182FO7DO -7- V CA LG ie C uIPtd by: Wutijj ft,� Wen y Naver Executive Director, Division of Sponsored Programs 6/1/2023 Item Number: 5.c. CITY OF IOWA CITY Z%--_ �=Pa COUNCIL ACTION REPORT June 6, 2023 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 Calhoun -Burns and Associates Inc. to provide engineering consultant services for the Biennial Bridge Inspection and Master Plan 2023. Prepared By: Ethan Yoder, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $176,300 available in the Annual Bridge Maintenance and Repair account #S3910 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Bridge Inspection Inspection - Agreement.pdf Executive Summary: This agenda item approves a consultant agreement with Calhoun -Burns and Associates, Inc. of West Des Moines, Iowa, for services related to the Biennial Bridge Inspection and Master Plan 2023 Project. This project generally includes the following: • Bridge Inspections & SUMS Updates Perform field inspections for all vehicular bridges and pedestrian bridges in accordance with the National Bridge Inspection Standards (NBIS). Prepare and upload inspection reports to the Structure Inventory and Inspection Management System (SIIMS). • City Master Bridge Plan Update the 6 -year Repair and Maintenance Master Plan. The Master Plan is to include recommended contractor efforts and potential City -Coordinated (in-house) efforts. In conjunction with these efforts, the Master Plan will include a complete annual breakdown of the scope of work, corresponding budgets, and probable costs. • Load Ratings - Oversized Load Requests Review Oversized Load Requests, as processed by the City, through the year 2025. Each review shall include an issuance of a formal, certified summary document of the recommendations. • Load Ratings - Group 2 Special Haul Vehicles (SHV's) Provide updated certified Load Rating Reports and calculations in accordance with I.D.O.T. standards for all bridges identified as Group 2 bridges. • Element Level Inspection Perform in-depth inspection of the Burlington Street, Benton Street, and McCollister Boulevard bridges and provide formal summary of the current conditions, recommended repairs, and estimated cost of repairs. • Underwater assessment Perform underwater assessment for bridges on Park Road, Burlington Street, Benton Street, Iowa Avenue and McCollister Boulevard and provide formal summary of the current conditions, recommended repairs, and estimated cost of repairs. Background / Analysis: The City of Iowa City currently has 56 vehicular bridges and 51 pedestrian bridges located within the City limits. To protect the health and safety of the community, the City administers an inspection program for all vehicular and pedestrian bridges. As per the NBIS, the City is required to perform periodic inspections for vehicular bridges that are greater than 20 feet in span length on a biennial basis. Currently, the City has 80 bridges that have spans greater than 20 feet. In addition to the City's inspection program, the City desires to update the bridge maintenance master plan to identify future maintenance and improvement needs and retain a qualified consultant to provide load analyses for requested oversized loads over City -owned bridges. ` C" Prepared by: Ethan Yoder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356 - Resolution No. 23-156 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 Calhoun -Burns and Associates Inc. to provide engineering consultant services for the Biennial Bridge Inspection and Master Plan 2023. Whereas, the City of Iowa City desires to conduct an inspection of all bridges within City limits and update a 6 -year master plan for the maintenance of City owned bridges; and Whereas, the project will include bridge inspections & SIIMS updates, preparation of a City Master Bridge Plan, review of Oversized Load Requests, load ratings for Group 2 Special Haul Vehicles (SHV's), inspection of the Burlington Street, Benton Avenue, and McCollister Boulevard; and Whereas, the City of Iowa City desires the services of a consulting firm to conduct the inspections, review oversized load requests, and prepare the preliminary and final master plan for the Biennial Bridge Inspection and Master Plan 2023 Project; and Whereas; the City has issued a Request for Qualification with desirable experience working on projects of similar type and size; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with Calhoun -Burns and Associates, Inc., to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Calhoun -Burns and Associates, Inc.; and Whereas, funds for this project are available in the Annual Bridge Maintenance and Repair account #S3910. 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 2023 Ma Resolution No. 22-=56 Page 2 Attest: Cit Clerk *e�k Approved by City Attorn 's Office (Liz Craig - 05/15/2023) It was moved by Taylor - and seconded by Al the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas Consultant Agreement This Agreement, made and entered into this 6th day of June , 2023 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Calhoun -Burns and Associates, Inc., of West Des Moines, Iowa, hereinafter referred to as the Consultant. Whereas, the City is required by Federal law to make maintenance inspection of all bridges located within City limits; and Whereas, the City desires to obtain the services of a qualified consulting firm to perform field inspections and prepare required documentation for all vehicular bridges in accordance with the National Bridge Inspection Standards (NBIS) guidelines, and; Whereas, the City desires to obtain the services of a qualified consulting firm to update the City Bridge Master Plan, prepared by others, based on the conditions assessment performed in accordance with the NBIS guidelines; and Whereas, the City desires to obtain the services of a qualified consulting firm to review oversized load requests for City owned bridges; and Whereas, the City issued a Request for Qualifications, On -Call Professional Design and Engineering Services (2023-2025), November 1, 2022, 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, funds are available in the Annual Bridge Maintenance and Repair Project, Account S3910. Now, therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. Bridge Inspection — Biennial Inspection 1. Perform a routine field inspection of all 55 bridges within the corporate limits of Iowa City by June 30, 2023, which are listed in Attachment A. 2. Update the Structure Inspection and Inventory Management System (SIIMS) database of the Iowa DOT for those 41 bridges over 20' in span length defined as "reportable bridges" per Iowa DOT regulations inspected within 30 days following the field inspection date. 3. Perform a routine field inspection of all 51 pedestrian bridges within the corporate limits of Iowa City, as indicated in Attachment B. 4. Perform Underwater assessment for the Iowa River bridges on Park Road, Benton Street, Burlington Avenue, Iowa Avenue, and McCollister Boulevard, as indicated on Attachment A. 5. Element Level Inspection: Perform element level inspection with the use of a snooper truck for the bridge on Burlington Avenue, as indicated on Attachment A. 6. Snooper Truck Inspection: Perform under -bridge inspection with the use of a snooper truck for the bridges on Benton Avenue and McCollister Boulevard. 7. Prepare and provide to the City in electronic form a Bridge Inspection Report including: i. Completed Structure Inventory and Appraisal (SI&A) forms, ii. Field Inspection forms. iii. A minimum of three (3) photos per bridge plus any additional photos required to document areas of deficiency. iv. Updated Master Lists of Bridges in accordance with Iowa DOT Instructional Memorandum No. 7,020. v. A Summary list of all bridges inspected. vi. Load Rating Analysis. 8. Inspections will be completed by experienced engineers who are Iowa DOT qualified as either a Program Manager or Team Leader. Consultant shall follow inspection procedures include those of the FHWA 'Recording and Coding Guide for the Structure Inventory and Appraisal of the Nations Bridges", AASHTO "Manual for Condition Evaluation of Bridges", and Iowa DOT Instructional Memorandum 7.020. B. Load Rating Analysis 1. Perform load -rating analysis for those six (6) bridges indicated on Attachment A. 2. Update load rating computations in the SIIMS database in accordance with Iowa DOT I.M. 7.020. C. Review of Oversized Load Requests Review Individual Oversized Load Requests upon request as soon as possible, but no later than 3 working days of receipt of request. D. City Bridge Master Plan The Consultant shall update the 6 -year Repair and Maintenance Master Plan (Prepared by IIW, Inc. in 2017) based upon the above-described inspections and analyses. Include recommended contractor efforts and potential City -coordinated (in-house) efforts, including a recommended complete annual breakdown of the scope of work, corresponding budgets, and probable costs. ll. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Routine Field Inspection of Attachment A bridges July 28, 2023 Routine Field Inspection of Attachment B bridges August 31, 2023 Update SIIMS September 29, 2023 Underwater assessment, element level inspections, snooper truck inspections November 30, 2023 Load Rating Analysis December 1, 2023 Bridge Inspection Report January 12, 2024 Oversized load requests As needed through May 1, 2025 the City Bridge Master Plan January 12, 2024 III. Compensation for Services Compensation shall be based on the rates and fees shown on the Attachment C. The total cost of services shall not exceed $ 176,300.00 . A. Bridge Inspection — Biennial Inspection $ 79,800.00 B. Load Rating Analysis $ 9,600.00 C. Oversized Load Requests $ 17,500.00 D. City Bridge Master Plan $ 30,000,00 E. Expenses $ 39,400.00 IV. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "not -to -exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D, It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, 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 To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance 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. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care 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. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City For the Consultant By: Z,6 Title: yoY Title: 5/ ' Date: 106/0612023Date: Attest: ' �- Approved by::/ �L(l City Att ey's O b —tom —,S13 Date ATTACHMENT A IOWA CITY BRIDGE INSPECTION AND RATING PROGRAM 2023 Bridge No. Bridge No. Bridge No. Bridge No. Bridge No. 005 033 046 057 0935- 006 034 047 0581- 0945. 010 035'• 048 059 0951. 011 035A 1- 0491- 060 0961. 016 3••4. 036 050 061 097 5. 017 2.,3.,4. 037 051 0621- 0981. 0194. 038 052 067 0995. 0204. 040 053 070 100'• 021 1• 041 054 080 5. 101 1. 0251- 042 055 081 1. 1021- 026 044 0561- 092 103'- 1, Span length less than 20' (not required to be uploaded into the Sl IMS database per NBIS guidelines) 2. Element Level Inspection 3. Snooper Truck Inspection 4. Underwater Inspection 5. Load Rating Analysis *Bridge numbers correspond to those indicated on the Bridge Structure Location Map, on file with the City Engineer. ATTACHMENT B IOWA CITY PEDESTRIAN BRIDGE INSPECTION AND RATING PROGRAM 2023 Bridge No. Bridge No. Bridge No. P00 P17 P32 P01 P18 P33 P02 P18A P34 P03 P18B P35 PO4 P19 P36 P05 P20 P37 P06 P21 P38 P07 P22 P39 P08 P23 P40 P09 P24 P41 P10 P25 P42 P11 P26 P43 P12 P27 P44 P13 P28 P45 P14 P29 P46 P15 P30 P47 P16 P31 P48 'Bridge numbers correspond to those indicated on the Bridge Structure Location Map, on file with the City Engineer. ATTACHMENT C HOURLY BILLING RATES (EFFECTIVE JULY 2022) PRINCIPAL OF FIRM IV $ 231.00 / HOUR PRINCIPAL OF FIRM III $ 223.00 / HOUR PRINCIPAL OF FIRM II $ 214.00 / HOUR PRINCIPAL OF FIRM 1 $ 204.00 / HOUR SENIOR PROJECT MANAGER IV $ 188.00 / HOUR SENIOR PROJECT MANAGER I11 $ 183.00 / HOUR SENIOR PROJECT MANAGER 11 $ 180.00 / HOUR SENIOR PROJECT MANAGER 1 $ 174.00 / HOUR PROJECT MANAGER IV $ 177.00 / HOUR PROJECT MANAGER III $ 173.00 / HOUR PROJECT MANAGER 11 $ 168.00 / HOUR PROJECT MANAGER I $ 163.00 / HOUR SENIOR PROJECT ENGINEER IV $ 162.00 / HOUR SENIOR PROJECT ENGINEER I11 $ 154.00 / HOUR SENIOR PROJECT ENGINEER II $ 143.00 / HOUR SENIOR PROJECT ENGINEER 1 $ 134.00 / HOUR PROJECT ENGINEER IV $ 150.00 / HOUR PROJECT ENGINEER III $ 139.00 / HOUR PROJECT ENGINEER 11 $ 129.00 / HOUR PROJECT ENGINEER 1 $ 117.00 / HOUR SENIOR DESIGN ENGINEER IV $ 132.00 / HOUR SENIOR DESIGN ENGINEER III $ 121.00 / HOUR SENIOR DESIGN ENGINEER II $ 114.00 / HOUR SENIOR DESIGN ENGINEER I $ 103.00 / HOUR DESIGN ENGINEER IV $ 125.00 / HOUR DESIGN ENGINEER III $ 118.00 / HOUR DESIGN ENGINEER 11 $ 112.00 / HOUR DESIGN ENGINEER 1 $ 105.00 / HOUR ENGINEER INTERN $ 89.00 / HOUR SENIOR TECHNICIAN IV $ 135.00 I HOUR SENIOR TECHNICIAN III $ 130.00 / HOUR SENIOR TECHNICIAN II $ 124.00 / HOUR SENIOR TECHNICIAN 1 $ 118.00 / HOUR TECHNICIAN IV $ 116.00 / HOUR TECHNICIAN III $ 113.00 / HOUR TECHNICIAN II $ 109.00 / HOUR TECHNICIAN 1 $ 106.00 / HOUR OFFICE MANAGER $ 112.00 / HOUR ADMINISTRATIVE ASSISTANT" IV $ 102.00 / HOUR ADMINISTRATIVE ASSISTANT II1 $ 98.00 / HOUR ADMINISTRATIVE ASSISTANT II $ 94.00 / HOUR ADMINISTRATIVE ASSISTANT 1 $ 89.00 / HOUR MILEAGE: CURRENT IRS STANDARD RATE EXPENSES: ACTUAL COST HOURLY RATES SHALL BE ADJUSTED ANNUALLY IN ACCORDANCE WITH CONSULTING ENGINEERS' NORMAL BUSINESS PRACTICE. Item Number: 5.d. CITY OF IOWA CITY Z%--_ �=Pa COUNCIL ACTION REPORT June 6, 2023 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Riverside Drive Pedestrian Improvements Project. Prepared By: Scott Sovers, Asst. City Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $603,707.49 available in the Myrtle/Riverside Intersection Signal account #S3933. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This agenda item awards the construction contract for the Riverside Drive Pedestrian Improvements Project. The project generally includes the installation of sidewalk on the west side of Riverside Drive under the Iowa Interstate Railroad Bridge, as well as the installation of street and pedestrian level lighting and street trees from Benton Street to the Iowa Interstate Railroad. The project also includes upgrades to the Riverside Drive storm sewer and sanitary sewer systems between the Iowa Interstate Railroad and Myrtle Avenue as necessary to support the future Riverfront West Development. The construction cost estimate for the project was $520,000, and two (2) bids were received: Company Bid Amount All American Concrete, Inc. $603,707.49 Midwest Concrete, Inc. Non -Responsive The construction costs associated with the upgrades to the storm sewer and sanitary sewer systems (approximately $230,000) will be reimbursed by the Riverfront West Developer, Scannell Properties. Based upon the bids received, staff recommends awarding the Project to All American Concrete, Inc. of West Liberty, Iowa. Background / Analysis: In 2016, the City finalized a streetscape master plan for the South Riverside Drive Corridor from U.S. Highway 6 to Myrtle Avenue. One of the main guiding principles that came out of the plan was prioritizing pedestrian circulation within the corridor. From this guiding principle, specific corridor objectives were developed, which included: Continue with proposed improvements for a pedestrian underpass along the west side of Riverside Drive at Iowa Interstate Railroad. Considering this objective, the City proceeded with a project to install a pedestrian tunnel through the Iowa Interstate Railroad embankment. During the design development phase, plans were provided to the Iowa Interstate Railroad for review and comment. While they understood the importance of the sidewalk connection across their facility, they were not supportive of the tunnel project, as they were concerned the construction of the tunnel may cause track settlement and potentially increase the chances of a train derailment. Given the importance of the sidewalk connection, key stakeholders including City staff, the Iowa Department of Transportation and the Iowa Interstate Railroad collectively developed the proposed sidewalk design concept that eliminated the need for a tunnel through the railroad embankment. The design includes narrowing Riverside Drive and installation of a 4 - foot -wide sidewalk between the west Riverside Drive curb line and the railroad bridge abutment. With the sidewalk being close to the vehicular travel lanes due to the limited space, a concrete barrier between the sidewalk and the street was included to allow safe passage of pedestrians within the width -restricted area. This project will construct the proposed sidewalk from its current terminus south of the Iowa Interstate Railroad to approximately 30 feet north of the Iowa Interstate Railroad. The remaining section of sidewalk from the north end of this project to Myrtle Avenue is planned to be installed as a part of the Riverfront West Development. Project Timeline: Construction Start — July 2023 Estimated Construction Completion — Fall 2023 City Council Supplemental Meeting Packet CITY OF (OLIVA CITY June 5, 2023 Information submitted between distribution of packet on Thursday and 4:00pm on Monday. Late Additiorl 1.a Proclamations 1 .a(1) Juneteenth National Freedom Day 1 ,a(2) LGBTQ+ Pride Month Consent Calendar- Resolutions and Motions 5.k Record Management Software - See council action report, resolution and agreement. Resolution authorizing the procurement of Record Management Software, Comment: This Resolution will approve the procurement of Record Management Software and subsequent maintenance and licensing fees., The contract will be awarded to Firstdue for one five-year term. This purchase will exceed the S150,000 spending authority of the City Manager, thereby requiring Council approval. Over the course of this contract the City expects to expend approximately S221.577.81 . Late Handout(s): n I Resolutions d Motions Item 5.d Riverside Drive Pedestrian Improvements - See revised comment. Comment: Bids for this project were received on Tuesday, May 30, 2023 and the following bids were received: All American Concrete West Liberty, IA $ 603,707.49_ Midwest Concrete Peosta, IA —Non-R& sponsive\ Engineer's Estimate $ 520 Public Works and Engineering recommend awardmg•th project to imerican Concrete of West Liberty, Iowa. Funding is available in the Myrtle/Riverside Intersection Signal, account#S3933. Consent e earings June 5, 2023 City of Iowa City I Prepared by: Scott Sovers, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 Resolution No. 23-157 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Riverside Drive Pedestrian Improvements Project Whereas, All American Concrete, Inc. of West Liberty, Iowa has submitted the lowest responsive, responsible bid of $ 603,707.49 for construction of the above-named project; and Whereas, funds for this project are available in the Myrtle/Riverside Intersection Signal account # S3933. 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. 3. 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. Passed and approved this 6th day of June , 2023 M Approved by 1 Attest City berk City Attorneys Office - 06/01/2023 It was moved by Taylor and seconded by Alter the Resolution be adopted, and upon roll call there were: Ayes: X X X X X X Nays: Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas 5, Item Number: 5.e. CITY OF IOWA CITY Z%--_ �=Pa COUNCIL ACTION REPORT June 6, 2023 Resolution authorizing the Mayor to sign and the City Clerk to attest the Fiscal Year 2024 28E Agreement between the City of Iowa City and Johnson County for the Mobility Coordinator position. Prepared By: Reviewed By: Darian L. Nagle-Gamm, Director of Transportation Services Geoff Fruin, City Manager Fiscal Impact: $39,550 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution 28E Agreement Executive Summary: This is a resolution to continue the joint funding agreement with Johnson County Social Services for the Mobility Coordinator position. The Mobility Coordinator provides transportation and mobility referrals, education, and community outreach in Iowa City and across the metro area. Background / Analysis: The Mobility Coordinator's goals are to increase awareness of the metro area public transit system and improve mobility for the elderly, low-income, persons with disability or medical issues, and the mobility challenged. The Mobility Coordinator helps residents reach their destinations by providing information on community transportation options, offering trip planning and education, and transit system training. The position is jointly funded by Johnson County (50%), Iowa City (35%), and Coralville (15%). The total costs of the position including salary, benefits, supplies, and mileage are divided amongst the three entities. Iowa City's total contribution in Fiscal Year 2024 is $39,550. Sg oF�p Iowa Secretary of State S�P� ,wv FILED 321 East 12th Street :: vr� Filing Date: 08/0312023 04:27 PM t` Des Moines, IA 50319 (t y�� Filing Number: M516278 s � t� FTH RY Of sos.(owa.gov 28E Agreement Participants Full Legal Name Organization Type County City of Iowa City City Johnson Johnson County County Johnson 400 -TRANSPORTATION Agreement between the City of Iowa City and Johnson County for the Mobility Coordinator position. (Res 23-158) 06/30/2024 Lx .1 Contact Person: (Optionaq Kellie Fruehling City Clerk I, City Clerk 319-356-5041 Prepared by: Darien Nagle-Gamm; Transportation Services, 335 Iowa Ave., Iowa City, IA 52240 (319) 356-5156 Resolution No. 23-158 Resolution authorizing the Mayor to sign and the City Clerk to attest the Fiscal Year 2024 28E Agreement between the City of Iowa City and Johnson County for the Mobility Coordinator position. Whereas, Chapter 28E, Code of Iowa, provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and Whereas, it is in the mutual interest of the City of Iowa City and Johnson County to encourage the use of public transit and provide transportation assistance to elderly, low-income, persons with disabilities, and the mobility challenged; and Whereas, the Mobility Coordinator assists Iowa City residents reach their destinations by providing information on community transportation options, offering trip planning services and education, and providing transit system training for the elderly, low-income, persons with disabilities, and the mobility challenged; and Whereas, the parties have also negotiated a 28E Agreement for the contracting of paratransit services for Fiscal Year 2024. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The attached 28E Agreement for Mobility Coordinator services between the City of Iowa City, Iowa, and Johnson County Iowa is hereby approved in substance, and the Mayor is hereby authorized to execute and the City Clerk to attest to a 28E Agreement for the Mobility Coordinator position with Johnson County that makes no material changes in substance. 2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa, as required by Iowa Code Chapter 28E. Passed and approved this 61h day of June, 2023, Mayor Approved by Attest: �J Cit Clerk City Attorney` t7 fice (Jennifer Sohwickerath - 06/01/2023) Resolution No. Sa_tga Page 2 it was moved by Taylor and seconded by adopted, and upon roll call there were: Nays: Alter the Resolution be Absent: Alter eergus Dunn Harmsen Taylor Teague Thomas 28E Agreement for Mobility Coordinator between the City of Iowa City and Johnson County for the period of July Ist, 2023 through June 30, 2024 This Agreement is made and entered into by and between the City of Iowa City, Iowa, hereinafter referred to as "Iowa City', and Johnson County, Iowa, hereinafter referred to as the "County". Scope of Services The County shall provide to Iowa City through Johnson County Social Services, Mobility Coordinator services. The Mobility Coordinator will provide transportation referrals, education and community outreach, improving the overall mobility for elderly, disabled and low-income residents. General Terms Johnson County, Coralville and Iowa City will jointly fund the Mobility Coordinator position. Johnson County will pay 50%, Coratville will pay 15% and Iowa City will pay 35% of the total expenses related to the position including salary, benefits, supplies and mileage. Iowa City's contribution for the period of this agreement will be equivalenr to 35% of the actual expenses as described herein, however the total amount paid by Iowa City for this position for the duration of this contract shall not exceed $39,550. Each party agrees to release, indemnify and hold the other party, its of-rcers and employees harmless from and against any and all liabilities, damages,'ousiness interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, arromeys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the other 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 parry or its servants; employees or agents of any covenant or condition ofthis Agreement or by any act or failure to act ofthose persons. The County shall notbe liable for any loss, injury, damage or delay of any nature whatsoever resulting from the County's failure to perform if caused by any act or God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the County's control" Iowa City service provided by the Mobility Coordinator will be documented and provided to Iowa City upon request. Service is any assistance in regards to questions and/or naveltraining, and/or updates of transportation needs andlor accepted assignrruent of work requested by Iowa City Transit. Compensation and Duration This agreement shall be for a period of twelve (12) months effective July 1, 2023 through June 30, 2024. This agreement may be modified at any time by mutual written agreement of the parties. The contracted amount contained herein represents Iowa City's full and complete financial responsibility toward the Mobility Coordinator position. For the term running from July 1, 2023 through June 30, 2024, the County shall invoice Iowa City monthly for costs associated with providing the Mobility Coordinator position under this Agreement. The monthly proportional costs for Iowa City shall be calculated based Page 1 of 3 on the total cost of the fiall-time position. The monthly invoice shall show in detail Iowa City monthly expanses and pay for the SAnhility Coordinator. Ions City shall pay the monthly cost within thirty (30) days of receipt of the invoice. If either patty chooses to terminate this agreement, a 60 -day written notice must be provided. Extent of Agreement No scparatc legal entity is established by this Agreement. This Agreement is between pahlic agcncics contracting to perform governmental service pursuant to Iowa Code Section 28E.I2, Pursuant to Iowa Code Section 28E,8(l)(a) (2021) rows City shall file this Agreement, in an electronic format, with the Secretary of State of Iowa in the manner specified by (he Secretary of State. The County Social Services Director shall administer this Agreement and the services dcseribcd in it. The Agreement does not provide for the acquisition of joint personal or real property_ The Agreement represents the entire agreement between Iowa City and Johnwri County for [he Mobility Coordinator position, It may be amended only by a written instrument signed by both parties, Assignment This Agreement is not assignable without written consent of both parties. Dated this 6th _dayof. June , 20-23_. CITY OF IOWA CITY M Attest: Approved by City Attorney's Office JOHNSON COUNTY, IOWA RoiSwlfoVaar Vose 6",1- Attest:~ County Auditor Page 2 of 3 CITY ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ). On this 6th day of June2023 before me, Ta,ara Neumann , a Notary Public by and for the State of Iowa, personally appeared Bruce Teague and He Fruehling, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seat affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. �3-158 passed by the City Council, an the 6th day of T.s>se 2023. and that Bruce Teague and Kellie Fruehling acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. cTAMARA NEUMANN onmitalvn Nrmbm Ilme * * MY 00MMISWN EOIRES an iYtAiiCM 4i, "o" LINTY STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Nocary Public in and for the State of Iowa My commission expires: ACKNOWLEDGEMENT On this 2- R day of -I , 20 2 } 'before me, ET R \%c —lz%4 t" RM v7 a Notary Public in and for the State of Iowa, personally appeared44saj? al .Sec IllVrtcc Trceea Duttglsss an T�tavis Welpert, tome personally known, and, who, being by me duty swom, did say at they are thel�hairperson of the Board of Supennsors and County Auditor, respectively, of the County of Johnson, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its Board of juporvisors, as contained in the Motion adopted by the Board of Supervisors, on the �'I+ 1. day of p;¢ 20 13 , and Lisa Green Douglass and Travis Weipert acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. �bart E"IKTHERME a,t Commission Number 770692 Notary public in and for the State of Iowa MY COMMISSION EXPIRES ropy NOVEMBER W, 2023 My commission expires: t1-3o.i3 Page 3 of 3 Item Number: 5.f. CITY OF IOWA CITY Z%--_ �=Pa COUNCIL ACTION REPORT June 6, 2023 Resolution accepting the work for the 2022 Summer Sidewalk Repair Project. Prepared By: Kim Sandberg, Program Assistant Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Engineer's Report Resolution Executive Summary: The project has been completed by Feldman Concrete of Dyersville, Iowa, in substantial accordance with the plans and specifications developed by the City of Iowa City. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. • Project Estimated Cost: $70,000.00 • Project Bid Received: $86,475.00 • Project Actual Cost: $82,017.73 There were four (4) change orders on the project, including curb replacement at Oak Grove Park, temporary granular backfill, grade correction work and the assessment of liquidated damages. Background / Analysis: This annual project included the removal and replacement of deficient sidewalk squares as part of the City's Sidewalk Inspection Program. ENGINEER'S REPORT May 30, 2023 City Council Iowa City, Iowa Re: 2022 Summer Sidewalk Repair Project Dear City Council: I l i �r VIII W_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org 1 hereby certify that the 2022 Summer Sidewalk Repair Project has been completed by Feldman Concrete of Dyersville, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The project was bid as a unit price contract and the final contract price is $82,017.73. There was a total of four (4) change or extra work orders for the project as follows: 1. Curb and gutter replacement at Oak Grave Park .............................................. $195.00 2. Temporary granular backfill............................................................................... $800.00 3. Granular subbase at 2304 MacBride................................................................... $45.00 4. Liquidated Damages .................................. ...................... ($400.00) TOTAL: $640.00 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, PE City Engineer Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 Resolution No. 23-159 Resolution accepting the work for the 2022 Summer Sidewalk Repair Project Whereas, the Engineering Division has recommended that the work for construction of the 2022 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated August 25, 2022, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in account # 22710220; and Whereas, the final contract price is $82,017.73. 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: 4 IL City Clerk r 2023 It was moved by Taylor and seconded by adopted, and upon roll call there were: Ayes: x R Nays: Approved by Z/�-�- City Attorneys Office (Liz Craig — 06/01/2023) Alter the Resolution be Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas Item Number: 5.g. CITY OF IOWA CITY �--'°�'��� COUNCIL ACTION REPORT June 6, 2023 Resolution amending the budgeted positions in the Information Technology Services Division of the Finance Department by deleting one full-time Voice/Data Network Analyst position, grade 28, and adding one full-time Systems Engineer position, grade 28, and amending the Confidential, Administrative and Executive pay plan by deleting one full-time Voice/Data Network Analyst position, grade 28. Prepared By: Reviewed By: Fiscal Impact: Staff Recommendation Commission Recommendations: Attachments: Resolution Nicole Davies, Finance Director Geoff Fruin, City Manager None Approval N/A Executive Summary: The Information Technology Services Division currently has a vacant Voice/Data Network Analyst position. After evaluating the priorities and duties of the Division, staff has determined a Systems Engineer would better serve the needs of the Division, Finance Department and the City. Staff is seeking approval to eliminate a Voice/Data Network Analyst position and add a Systems Engineer position. Background / Analysis: Within the Information Technology Services Division, an existing Voice/Data Network Analyst position is currently vacant. As part of the process to refill this position, the needs and priorities of the Division were evaluated and reassessed, and it was determined a Systems Engineer position better reflects the current and anticipated workload for the Division. Current staff positions within the Information Technology Division include two Systems Engineer positions and one Voice/Data Network Analyst position. In the past, the Voice/Data Network Analyst position was focused on the voice and data network. More recently, with increases in the overall workload of the Information Technology Division, this position has many overlapping responsibilities with the Systems Engineer positions. Transitioning the vacant Voice/Data Network Analyst position to a Systems Engineer position better reflects the current and anticipated workload for the Division and allows for more flexibility in assigning job responsibilities. Replacement of a Voice/Data Network Analyst position with a Systems Engineer position is not expected to result in a pay and benefits change, as both positions are included in grade 28 of the Administrative/Confidential pay plan. Prepared by: Nicole Davies, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5085 Resolution Number. 23-160 Resolution amending the budgeted positions in the Information Technology Services Division of the Finance Department by deleting one full-time Voice/Data Network Analyst position, grade 28, and adding one full-time Systems Engineer position, grade 28, and amending the Confidential, Administrative and Executive pay plan by deleting one full-time Voice/Data Network Analyst position, grade 28. Whereas, Resolution No. 23-108 , adopted by the City Council on April 4, 2023 authorized budgeted positions in the Finance Department for Fiscal Year 2024; and Whereas, Resolution No. 21-112, adopted by the City Council on May 4, 2021 established a classification and compensation plan for Confidential, Administrative and Executive employees; and Whereas, the Information Technology Services Division has one full-time Voice/Data Network Analyst position vacant; and Whereas, after evaluating staff workloads and job responsibilities for the Information Technology Services Division, a Systems Engineer position is recommended to better manage primary and secondary job responsibilities; and Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The budgeted positions in the Information Technology Services Division of the Finance Department be amended by: a. Deleting one full-time Voice/Data Network Analyst position, grade 28. b. Adding one full-time Systems Engineer position, grade 28. 2. The Confidential, Administrative, and Executive pay plan be amended by deleting the position of Voice/Data Network Analyst from grade 28. Passed and approved this 6th day of June 12023 t Ma 6r Approved by i Attest: ity Clerk City Attorne s Office (Jennifer Schwickerath - 05/25/2023) It was moved by Taylor and upon roll call there were: AYES: X X X X X X X and seconded by Alter the Resolution be adopted, NAYS: ABSENT: Alter Bergus Dunn Harmsen Taylor Teague Thomas X05 Item Number: 5.h. CITY OF IOWA CITY Z%--_ �=Pa COUNCIL ACTION REPORT June 6, 2023 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 Watersmith Engineering of Muscatine, Iowa to provide engineering consultant services for the Highway 6 East Water Main Project. Prepared By: Joe Welter, Sr. Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Staff Recommendation: Commission Recommendations Attachments: Resolution Agreement $62,500.00 available in the Highway 6 East Water Main Replacement Project, Account #W3320 Approval N/A Executive Summary: This agenda item approves the consultant agreement with Watersmith Engineering of Muscatine, Iowa for the preliminary design, final design, preparation of a project manual, permitting, bidding assistance, and construction services for the reconstruction of the water main on the north side of Highway 6 East between Fairmeadows Boulevard and Industrial Park Road. Background / Analysis: The City existing water main on the north side of Highway 6 East between Fairmeadows Boulevard and Industrial Park Road has had five (5) water main breaks since the year 2000, four (4) of which have happened in 2018 and 2019. The type of break has mainly been corrosion related and it is expected to continue to have breaks on this main until it is replaced, because of corrosive soils. Due to the size and relative location of the water main in the distribution system, the breaks on this line are very disruptive with large pressure swings that cause other water quality and integrity issues, as well as loss of service to critical customers. Replacement of this main with new materials will provide improved water system reliability and resiliency. Prepared by: Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240, (319) 356-5144 Resolution No. 23-161 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 Watersmith Engineering of Muscatine, Iowa to provide engineering consultant services for the Highway 6 East Water Main Project Whereas, the City water main on the north side of Highway 6 East between Fairmeadows Boulevard and Industrial Park Road has had five water main breaks since the year 2000, four of which have happened in 2018 and 2019; and Whereas, the type of break has mainly been corrosion related and it is expected to continue to have breaks on this main until it is replaced due to corrosive soils; and Whereas, due to the size and relative location of the water main in the distribution system, the breaks on this line are very disruptive with large pressure swings that cause other water quality and integrity issues as well as loss of service to critical customers; and Whereas, the City of Iowa City desires the services of a consulting firm to provide preliminary design, final design, preparation of a project manual for bidding, permitting, bidding assistance, and construction services for construction of the Highway 6 East Water Main Project; and Whereas; the City issued a Request for Qualifications, On -Call Professional Design and Engineering Services (2023-2025), October 12, 2022, 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 Watersmith Engineering of Muscatine, Iowa, to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with Watersmith Engineering of Muscatine, Iowa; and Whereas, funds for this project are available in the Hwy 6 (Fairmeadows to Industrial Park Rd) Water Main Replacement, Account Number W3320. 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 ,lune 2023 Resolution No. 23-161 Page 2 Mayor Approved by Attest:+1 City Clerk City Attorn 's Office (Liz Craig — 06101/2023) It was moved by Ta�j1 nr and seconded by Al rar the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn Harmsen Taylor _x Teague x Thomas Consultant Agreement This Agreement, made and entered into this 6th day of June , 2023, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Watersmith Engineering, of Muscatine, Iowa, hereinafter referred to as the Consultant. Whereas, the City desires to obtain the services of a qualified consulting firm to provide preliminary design, final design, preparation of a project manual for bidding, permitting, bidding assistance, and construction services for the Highway 6 East Water Main Replacement Project; and Whereas, the City water main on the north side of Highway 6 East between Fairmeadows Boulevard and Industrial Park Road has had five (5) water main breaks since the year 2000, four (4) of which have happened in 2018 and 2019; and Whereas, the type of break has mainly been corrosion related and it is expected to continue to have breaks on this main until it is replaced due to corrosive soils; and Whereas, due to the size and relative location of the water main in the distribution system, the breaks on this line are very disruptive with large pressure swings that cause other water quality and integrity issues as well as loss of service to critical customers; and Whereas, the City issued a Request for Qualifications, On -Call Professional Design and Engineering Services (2023-2025), October 12, 2022, 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, funds are available in the Hwy 6 (Fairmeadows to Industrial Park Rd) Water Main Replacement Project, Account Number W3320; 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. I. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. Engineering Services: 1. Preliminary engineering: L Conduct a kick-off meeting with City Staff. ii. Review available information provided by the City. iii. Prepare preliminary engineering report: 1. Evaluate available information from Iowa DNR on leaking underground storage tank (LUST) numbers 7LTC52, 7LTU47, 8LTA39, 9LTK17 as pertains to pipe material recommendations. a 2. Evaluate materials for the proposed 16" diameter pipe and recommend water main material(s) to be used on the project. 3. Investigate industrial fire water usage at facilities connected to the water main. Pressure surges due to fire water pumps have led to pressure issues in the public water main. Evaluate potential system improvements such as surge protection tank or pressure sustaining valve and provide order of magnitude cost estimates. Recommend system improvements for implementation by the City. 4. Review and recommend project phasing to maintain water service to customers during construction. 5. Present draft report to City for review and comment. 6. Attend meeting with City staff to review draft report. 7. Finalize preliminary engineering report based on input received at review meeting. 2. 30% Engineering: L Survey and field verify the project area (using the Iowa State Plane South Coordinate System). Project area is the north side of Highway 6 from Fairmeadows Boulevard to Industrial Park Road; south side of Highway 6 in the area needed to abandon existing 6" cast iron main approximately 300 feet west of Lakeside Drive. ii. Create a base map for use during design and project document development. iii. Provide project plans, including estimate of construction costs, for review. Anticipated drawings include: 1. Control points and overview map 2. Water main plan and profile 3. Proposed property acquisition iv. Project team meeting (City and Consultant staff) and field visits, as necessary, with meeting agenda and notes provided by the Consultant. 3. 60%, 90%, and Final Engineering Submittals: I. Provide project plans, including estimate of construction costs, for review at approximately 60%, 90%, and Final. Anticipated drawings include: 1. Title Sheet 2. Control points and overview map 3. General notes and quantities 4. Water main plan and profile 5. Details for precast concrete valve vault for pressure sustaining valve (if implemented). 6. Traffic control plans 7. Pavement removals. Pavement removal includes sections of street and sidewalk. 8. Paving plans for street and sidewalk. 9. Restoration plans. ii. Provide project manual, including specifications and engineer's opinion of probable cost, for review at approximately 60%, 90% and Final. Specifications will be based on 2023 SUDAS with City of Iowa City Supplemental Specifications. iii. Coordinate with private utility companies, as needed, for required relocations. iv. Prepare and submit DNR water construction permit application. v. Land surveying services for acquisition of additional right-of-way. Includes research, field work, and preparation of plat maps and legal descriptions for City to use in acquisition process. vi. Meet with City Staff to discuss and review comments. vii. Public engagement: prepare an informational letter for customers in the project area to be mailed by the City; prepare project maps and agenda for public meeting; attend and present information in public information meeting; prepare and distribute meeting notes and summary of input from public information meeting; follow-up with individual residents with project concerns. viii. Provide final bid documents, including a final estimate of construction costs. 4. Bid phase services, including assisting the City in responding to bidder inquiries on technical matters and preparing the appropriate clarifications and addenda. 5. Construction period services, including attending construction meetings and issuing meeting notes, shop drawing review, responding to Requests for Information (RFIs), issuing Instructions to Contractors (ITCs), preparing punch lists, assisting with closeout, and providing as -built record drawings based on contractor mark-ups. B. Services Provided by City: 1. Coordination with industrial customers for Consultant to access their facility for the purpose of investigating surge issues. 2. Provide available information and respond to questions in a timely manner. 3. Provide review of draft drawings and resolve conflicting review comments. 4. Mailings to affected customers. 5. Property acquisition including communication with property owners, drafting agreements, and negotiating. 6. Provide notice and attend public information meeting. 7. Provide construction inspection services. C. Additional Services. The following services are not anticipated and are not included in the Scope of Services but may be performed by Consultant or subconsultant and the City's request, upon further amendment to this agreement in writing. No additional services shall be performed until such amendment is approved: 1. Geotechnical or environmental field work, sampling, or testing. 2. Hydraulic modeling of the water distribution or sewer collection network. 3. Design of modifications to industrial customer's privately owned fire and potable water systems. 4. Structural design of custom (not commercially available) fire water storage tanks or surge tanks. 5. Bidding services for more than one bid. Ill. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. A. Preliminary Engineering Report (Draft for review): July 25, 2023 (assumes June 6 council approval). B. Preliminary Engineering Report Review Meeting: August &, 2023 C. 30% design submittal: September 6, 2023. D. 30% design review meeting: September 19, 2023 E. 60% plans: October 31, 2023. F. 60% review meeting: November 14, 2023 G. 90% plans: December 19, 2023, H. Property Acquisitions: Consultant to provide plat maps and legal description for acquisitions within 4 weeks of notification by City to proceed with acquisition. Timeline for acquisition meetings, negotiations, and agreements is outside the control of the Consultant. I. Final plans, file with City Clerk, and submit to DNR for the Water Construction Permit and DOT for Utility Accommodation Permit: within 4 weeks of notice by City to proceed with final plans. se Ill. Compensation for Services Compensation shall be based on the rates and expenses shown on the attachment. The total cost of services shall not exceed $61,300.00. IV. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "not -to -exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, itis agreed thatthe 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 To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance I . The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. sAS For the City By: Title: Mavor For the Cansnt By: Title: Owner Date: Date: Attest: 6113123 Approved by: City At orney'sice 0-7-a?3 Date Section 6 — Billing Rates WATERSM,-66TH ENGINEERING Watersmith Engineering Hourly Rates and Fees Classification Hourly Rates Calendar Year 2023 2024 2025 Senior Engineer $137 $140 $144 Senior Designer $98 $100 $103 Civil Engineer $68 $74 $80 Engineering Technician $65 $68 $71 Technical Writer/Admin Assistant $42 $44 $46 Mileage Included with hourly rates 3`d Party Printing Expenses At Cost Courier Expenses At Cost Miscellaneous Expenses At Cost Item Number: 5.i. CITY OF IOWA CITY Z%--_ �=Pa COUNCIL ACTION REPORT June 6, 2023 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, First Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Juli Seydell Johnson, Parks & Recreation Director Fiscal Impact: none Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Agreement Executive Summary: The City Code allows non-profit entities to sell, consume, and possess alcohol in a city park and on public right-of-way under limited circumstances. Riverside Theatre would like to be able to sell beer and wine during performances from in June and July 2023 in a demarcated area in an around Riverside Festival Stage in City Park. The agreement is the same as previous years. Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 23-162 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 2023 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, 2023. Approved by `s Attest: L/ City Clerk City Attorne s Office (Sue Dulek - 05/30/2023) It was moved by Taylor and seconded by Alter the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Alter X Bergus X Dunn X Harmsen X Taylor X Teague X Thomas Drafted by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., 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 16, 2023 and shall expire on July 2, 2023. 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 16, 2023 through July 2, 2023. 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 16, 2023 through July 2, 2023, 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 fumish 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 16, 2023 through July 2, 2023, Riverside shall carry "dram shop" insurance in compliance with Iowa Code section 123.92, as amended, 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, as amended. Electronic cigarette means vapor product as defined in Section 453A.1 of the Code of Iowa, as amended. 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. 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 -7 A RIVERSIDE THEATRE day of June, 2023. kowq By: Irena Saric THE CITY OF IOWA CITY By: Geo ruin, City Manager Approved s'-3 43 City Attorney's Office 3 e��aaare�a 0 0Q 0 Oh Se�t1 ^5 0-rCO. ld�k.�►tt a� nt(��rSl.��,� pay. V, L% -:g hot. t+s SeatG EXHIBIT B City of lows 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 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: 5.j. CITY OF IOWA CITY Z%--_ �=Pa COUNCIL ACTION REPORT June 6, 2023 Resolution accepting the work for the Landfill Gas Collection System Expansion Project. Prepared By: Joe Welter, Sr. Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Engineer's Report Resolution Executive Summary: Construction of the Landfill Gas Collection System Expansion Project has been completed by Landfill Drilling and Piping, Inc. of Sun Prairie, Wisconsin, in substantial accordance with the Project Manual developed by HDR Engineering, Inc. of Omaha, Nebraska. The Engineer's Report and Performance, Payment, and Maintenance Bond have been filed in the City Clerk's Office. • Project Estimated Cost: $648,000.00 • Project Bid Received: $545,070.00 • Project Actual Cost: $652,130.00 There were four (4) change orders on this project, which included restoration over pipes installed within closed cells, replacement of the flare valve, additional pipe repairs and installation, valve removal, intake adjustment and related work. The total cost difference for change orders was $107,060.00. Background / Analysis: The project included the installation of additional landfill gas collection system piping around the south and west portions of the Landfill. In total, 4,922 linear feet of ten to twelve inch high density polyethylene (HDPE) pipe was installed for this expansion. The new system provides additional leachate and condensate removal, as well as access to cleanouts, which increases the reliability of the gas collection system for the Landfill. This expansion enables more landfill gas collection from the Landfill's newest cells, Cells FY09, FY18, and FY23. Future horizontal collection lines and vertical gas extraction wells will also tie into this expansion. Disturbed areas were restored with clay intermediate cover, asphalt on the compost pad and roadways, and seeding. 1 r t VIII �- CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 ENGINEER'S REPORT www.icg -ov.org5009FAX wwrg May 30, 2023 City Clerk Iowa City, Iowa Re: Landfill Gas Collection System Expansion Project Dear City Clerk: I hereby certify that the Landfill Gas Collection System Expansion Project has been completed by Landfill Drilling and Piping, Inc. of Sun Prairie, Wisconsin, in substantial accordance with the Project Manual developed by HDR Engineering, Inc. of Omaha, Nebraska. The project was bid as a unit price contract and the final contract price is $652,130.00. There were four (4) change orders on this project, as follows: 1. Added a detail for final cover restoration over the pipes installed within closed cells ($30,720.00) 2. Replacement of the failed flare valve ($12,700.00) 3. Additional gas header, stormwater letdown, and underdrain repairs, and final quantity adjustments ($60,122.00) 4. Remove and salvage valve S7 SV, extend the GW -09-1, GW -09-2, and GW -09-3 risers, intake adjustment, and final quantities ($3,518.00) Total: $107,060.00 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. 23-163 Resolution accepting the work for the Landfill Gas Collection System Expansion Project Whereas, the Engineering Division has recommended that the work for construction of the Landfill Gas Collection System Expansion Project, as included in a contract between the City of Iowa City and Landfill Drilling and Piping, Inc. of Sun Prairie, Wisconsin, dated February 24, 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Landfill Gas Infrastructure Expansion, Account Number L3343; and Whereas, the final contract price is $652,130.00. 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 , 2023 C Mak6r i Attest: City Clerk i Approved by Z� - City Attorn s Office (Liz Craig — 06/01/2023) It was moved by T2%r]or and seconded by the Resolution be adopted, and upon roll call there were: Ayes: x Nays: Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas � r j �► memo �� City Council Supplemental Meeting Packet CITY OF 1011 A CITY June 5, 2023 Information submitted between distribution of packet on Thursday and 4:00pm on Monday. Late Addition(s): 1.a Proclamations 1.a(1) Juneteenth National Freedom Day 1.a(2) LGBTQ+ Pride Month S.k Record Management Software - See council action report, resolution an agreement. Resolution authorizing the procurement of Record Management Software. Comment: This Resolution will approve the procurement of Record Management Software and subsequent maintenance and licensing fees. The contract will be awarded to Firstdue for one five-year term. This purchase will exceed the S150.000 spending tra authority of the City Manager, thereby requiring Council approval. Over the cour onct the City expects to expend approximately S221.577.81. Late Handout(s): Consent Calendar - Resolutions and Motions Item 5.d Riverside Drive Pedestrian Improvements - See revised comment. Comment: Bids for this project were received on Tuesday, May 30, 2023 and the following bids were received: All American Concrete West Liberty, IA $ 603,707.49 Midwest Concrete Peosta, IA Non -Responsive Engineer's Estimate S 520,000.00 Public Works and Engineering recommend awarding the project to All American Concrete of West Liberty, Iowa. Funding is available in the Myrtle/Riverside Intersection Signal, account #S3933. Consent Calendar - Setting Public Hearings June 5, 2023 City of Iowa City r CITY OF IOWA CITY k COUNCIL ACTION REPORT June 6, 2023 Resolution authorizing the procurement of Record Management Software Prepared By: Eric Nurnberg, Deputy Fire Chief Reviewed By: Scott Lyons, Fire Chief Eric Goers, City Attorney Geoff Fruin, City Manager Fiscal Impact: $221,577.81 over a 5 -year period in Account #10450110-444080. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Executive Summary: I ge,14jaijunts, Distributed (Date) Funds for this purchase are available On January 5, 2023, a Request for Proposal: #23-12, Enterprise Software for a Records Management System was posted to the City of Iowa City website. Proposals were due by 2:30 p.m., January 26, 2023. Proposals were distributed to an Evaluation Committee. The Evaluation Committee individually reviewed each proposal and its compliance with the specifications. Based on a thorough review of the proposals, interviews, reference checks, and software demonstrations the evaluation committee chose Firstdue to receive the award. Background / Analysis: The Iowa City Fire Department is currently utilizing Emergency Reporting for their record management systems. In the future, the Emergency Reporting product will no longer be supported by its new global owner and the Fire Department will be forced to change to a new records management system. Although Emergency Reporting has been adequate, the fire department sought to procure a more powerful, consumer -friendly product that could improve the accessibility of data, and improve data collection tools, user experience, and connection with the community. The City of Iowa City Fire department believes they have that solution with Firstdue. Prepared by: Eric Nurnberg, Deputy Fire Chief, 410 E Washington, Iowa City, IA 52240 (319) 356-5259 Resolution No. Resolution authorizing the procurement of Record Management Software Whereas, Request for Proposal #23-10 was released to solicit Enterprise Software for a. Record Management System for the City of Iowa City Fire Department; and Whereas, three responsive proposals were received for these services; and Whereas, based on a thorough review of the proposals, interviews, reference checks, and software demonstrations the evaluation committee chose Firstdue to receive the award; and Whereas, the city's purchasing policy requires City Council to approve purchases over $150,000; and; Whereas, the City expects to expend approximately $221,577.81 for the procurement of a Record Management and Scheduling Software over a 5 -year period; and Whereas, the Fire Department's current Record Management Software will no longer be supported after the fall of 2023; and Whereas, funds for this purchase are available in the budget under account #10450110-444080; 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 sign said Enterprise Agreement and any amendments to or renewals of said Agreement. Passed and approved this day of '20 Attest: City Clerk Mayor Approved by City Attorney's Office � r � .®41 �__ City Council Supplemental Meeting Packet CITY OF IOWA CITY June 5, 2023 Information submitted between distribution of packet on Thursday and 4:00pm on Monday. Late Addition(s): 1.a Proclamations 1.a(1) Juneteenth National Freedom Day 1.a(2) LGBTQ+ Pride Month 5.k Record Management Software - See council action report, resolution an agreement. Resolution authorizing the procurement of Record Management Software. Comment: This Resolution will approve the procurement of Record Management Software and subsequent maintenance and licensing fees. The contract will be awarded to Firstdue for one five-year term. This purchase will exceed the 5150.000 spending authority of the City Manager, thereby requiring Council approval. Over the ,our ontract the City expects to expend approximately S221.577.81. Late Handout(s): Consent Calendar - Resolutions and Motions Item 5.d Riverside Drive Pedestrian Improvements - See revised comment Comment: Bids for this project were received on Tuesday, May 30, 2023 and the following bids were received: All American Concrete West Liberty, IA $ 603,707.49 Midwest Concrete Peosta, IA Non -Responsive Engineer's Estimate S 520,000.00 Public Works and Engineering recommend awarding the project to All American Concrete of West Liberty, Iowa. Funding is available in the Myrtle/Riverside Intersection Signal, account #S3933. Consent Calendar - Setting Public Hearings June 5, 2023 City of Iowa City Prepared by: Eric Nurnberg, Deputy Fire Chief, 410 E Washington, Iowa City, IA 52240 (319) 356-5259 Resolution No. 23-164 Resolution authorizing the procurement of Record Management Software Whereas, Request for Proposal #23-10 was released to solicit Enterprise Software for a Record Management System for the City of Iowa City Fire Department; and Whereas, three responsive proposals were received for these services; and Whereas, based on a thorough review of the proposals, interviews, reference checks, and software demonstrations the evaluation committee chose Firstdue to receive the award; and Whereas, the city's purchasing policy requires City Council to approve purchases over $150,000; and; Whereas, the City expects to expend approximately $221,577.81 for the procurement of a Record Management and Scheduling Software over a 5 -year period; and Whereas, the Fire Department's current Record Management Software will no longer be supported after the fall of 2023; and Whereas, funds for this purchase are available in the budget under account #10450110-444080; 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 sign said Enterprise Agreement and any amendments to or renewals of said Agreement. Passed and approved this 6th day of June 20 23 May®r Approved by ` Attest: G City Clerk City Attorney' Office - 06/05/2023 i Resolution No, 23-164 Page 2 It was moved by Taylor and seconded by Alter The Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent X Alter X Bergus X Dunn % Harmsen Taylor Teague Thomas Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRIRG3QQULOS F -r-3 AGREEMENT FOR SERVICES This Agreement for Services (this "Agreement") dated as of July 1, 2023 (the "Effective Date") is made by and between Locality Media, Inc dba First Due a Delaware corporation, having offices at 107 7th St, Garden City, NY, 11530 ("Locality Media" or "Vendor') and the Iowa City Fire Department located at 410 E Washington St, Iowa City, IA 52240 (the "Customer" or "City"). 1. Locality Media maintains a website through which Customer members may access Locality Media's First Due Size -Up - Community Connect-, Mobile Responder- and/or other software -as -a -service platforms and solutions identified in Exhibit A (collectively, the "Service") in connection with the performance of their Customer duties. Locality Media agrees to grant the Customer access to the Service pursuant to the terms and conditions set forth below and in Exhibit A, and the Customer agrees to use the Service only in strict conformity with and subject to such terms and conditions. 2. Locality Media may provide the Customer with one or more user ID's, initial passwords, digital certificates and/or other devices (collectively, "Credentials") and/or application programming interfaces ("APIs") to access the Service. The Customer shall access the Service only by using such Credentials and APIs. The Customer authorizes Locality Media to act on any instructions Locality Media receives from users of the Service who present valid Credentials and such individuals shall be deemed authorized to act on behalf of the Customer, including, without limitation, to change such Credentials. It is the Customer's sole responsibility to keep all Credentials and other means of access within the Customers direct or indirect possession or control both confidential and secure from unauthorized use. The Customer understands the utility of the First Due Size Up Service depends on the availability of data and information relating to Locations and structures in the Customer's jurisdiction, including but not limited to building system and structural information, building inspection codes and incident report data (collectively, "Location Data"). Locality Media also may process and furnish through the Service, in addition to Location Data, other data regarding residents and roadways within the Customer's jurisdiction ("Community Data"). Location Data and Community Data are referred to collectively herein as "Data". Locality Media may acquire Data from third party public and/or private sources in Locality Media's discretion. In addition, the Customer will upload to the Service or otherwise provide to Locality Media in such form and using such methods as Locality Media reasonably may require from time to time, any and all Data from the Customer's records and systems which the parties mutually designate for inclusion in the Service database. The Customer agrees not to filter or alter such records except to conform such Data to the formats reasonably required by Locality Media. Subject to any third -party license restrictions identified expressly in writing by the Customer, the Customer grants to Locality Media a perpetual, non-exclusive, worldwide, royalty -free right and license to process, use and disclose the Data furnished to Locality Media by the Customer in connection with the development, operation, and performance of Locality Media's business, including but not limited to the Service. 3. The vendor agrees to utilize the City's Active Directory on premise or utilize Azure Active Directory when remote. The vendor agrees to support their interface with Microsoft Active Directory on premise or Azure Active Directory when remote. The vendor agrees they support the ability to utilize Azure Active Directory multifactor authentication for all remote access to city data assets. The vendor agrees that the City of Iowa City's ITS division has control over who is designated as the responsible party for the City's Microsoft Active Directory on premise or Azure Active Directory when remote. The vendor agrees the City of Iowa City's management, or ITS division designee will decide and approve which privileges are granted to each user. 4. As between the parties, the Customer and its employees, contractors, members, users, agents, and representatives (collectively, "Customer Users") are solely responsible for determining whether and how to use Data accessed through the Service. The Customer acknowledges that Locality Media, through the Service, provides an interface for viewing Data compiled from the Customer and other sources over which Locality Media has no control and for which Locality Media assumes no responsibility. Locality Media makes no representations or warranties regarding any Location or Locality Meda. irc. Agreemenr Feb 2023 Page 1 of 15 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS structure (including but not limited to a Location's safety, construction, occupancy, materials, hazards, water supply, contents, location, surrounding structures, exposures, size, layout, compliance, condition or history) ), residents, roadways, or any actual or expected outcome from use of the Data, nor does Locality Media make any representation or warranty regarding the accuracy or reliability of the Data recelved by Locality Media. Locality Media provides administrative and Information technology services only and does riot advise, recommend, or render an opinion with respect to any Inforrnatlan communicated through the Service and shall not be responsible for the Customer's or any third party's use of any information obtained through the Service. 5, The Customer shall obtain and maintain, at its own expense, computers, operating systems, Internet browsers, tablets, phones, telecommunications equipment, third -party application services and other equipment and software ("Equipment") required for the Customer to access and use the Service (the Service being accessible to users through standard internet browsers subject to third party network availability and signal strength). Locality Media shall not be responslble for any problem, error or malfunction relating to the Service resulting from Customer error, data entry errors or malfeasance by the Customer or any third party, or the performance or failure of Equipment or any telecommunications service, cellular or wifi network, Internet connection, internet service provider, or any other third - party communications provider, or any other failure or problem not attributable to Locality Media ("Technical Problems"). 6, This Agreement will be effective for an Initiat term of 60 months (the "initial Term") conrimencing on the Effective Date, After the Initial Term, this Agreement may be renewed for successive terms of 12 months each (a "Renewal Term"), upon at least 60 days' written notice by the Customer. The Agreement is subject to the right of either party to cancel renewal at any tinie upon at least 60 days' written notice. Locality Media reserves the right to increase Customer's renewal Service fees by no more than SM per annum, applied to the Service fees set forth in the previous term. Either party also may terminate this Agreement immediately upon written notice if the other party: (i) becomes insolvent; (ii) becomes the subject of a petition in banlcruptcy which is not withdrawn or dismissed within 60 clays thereafter; (ill) makes an assignment for the benefit of creditors; or (lv) materially breaches its obligations under this Agreement and fails to cure such breach within 30 days after the non -breaching party provides written notice thereof. 7. Upon termination, the Customer shall cease use of the Service and all Credentials then in the Customer's possession or control. This Section 6 and Sections 8 through 11 and 15 through 25 hereof shall survive any termination or expiration of this Agreement. S. The Customer agrees to pay the fees set forth in Exhibit A for use of those Service features described in Exhibit A (as available as of the Effective Date) and as described in Locality Media's Proposal, attached as Exhibit B and incorporated herein by this reference, locality Media may charge separately for services offered from time to time that are not included in the scope of Exhibit A (such as new Service features, systems integration services and applications of the Service for new purposes), subject to the Customer's acceptance of the terms of use and fees associated with such services. The Customer representts it has not received and agrees that it shall not collect any fee, payment, or remuneration of any kind from any Data provider, other municipal agency or other third party In connection with the Customer's purchase or use of the Service under this Agreement. 9. Locality Media owns and shall retain all right, title, and interest In and to the Service, all components thereof, including without limitation all related applications, APIs, user interface designs, software and source code (which shall further include without limitation any and all source code furnished by Locality Media to the Customer fn connection with the delivery or performance of any services hereunder) and any and all future enhancements or modifications thereto howsoever made and all Intellectual property rights therein but not Data furnished by the Customer. Except as expressly provided In this Agreement or as otherwise authorized in advance in writing by Locality Media, the Customer and Customer Users shall not copy, distribute, license, reproduce, decompile, disassemble, reverse engineer, publish, modify, or create derivative works from, the Service, provided, however, that nothing herein shall restrict the Customer's use of the Data that the Customer has provided, 10. " Confidential Information" means any and all Information disclosed by either party to the other which is marked "confidential" or "proprietary," Including oral information that is designated confidential at the time of disclosure. Without limiting the foregoing, all information relating to the Service and associated software and the terms of this Agreement shall be deemed Locality Media's Confidential Information. Notwithstanding the foregoing, Locolily Media, Inc. Agieernent Feb 2023 Page 2 of 15 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRIRG3QQULOS "Confidential Information" does not include any information that the receiving party can demonstrate (i) was known to it prior to its disclosure hereunder; (ii) is or becomes publicly known through no wrongful act of the receiving party; (iii) has been rightfully received from a third party authorized to make such disclosure without restriction; (iv) is independently developed by the receiving party, without the use of any Confidential Information of the other party; (v) has been approved for release by the disclosing party's prior written authorization; or (vi) is required to be disclosed by court order or applicable law, in which event the party required to disclose the information will strive to provide prompt advance notice thereof to the other party (except to the extent such notice is prohibited by law); failure to provide said notice shall not constitute breach of this Agreement. 11. Each party hereby agrees that it shall not use any Confidential Information belonging to the other party other than as expressly permitted under the terms of this Agreement or as expressly authorized in writing by the other party. Each party shall use the same degree of care to protect the other party's Confidential Information as it uses to protect its own confidential information of like nature, but in no circumstances with less than reasonable care. Neither party shall disclose the other party's Confidential Information to any person or entity other than its employees, agents or consultants who need access thereto in order to effect the intent of this Agreement and in each case who have been advised of the confidentiality provisions of this Agreement, have been instructed to abide by such confidentiality provisions, entered into written confidentiality agreements consistent with Sections 9-11 or otherwise are bound under substantially similar confidentiality restrictions. 12. Each party acknowledges and agrees that it has been advised that the use or disclosure of the other's Confidential Information inconsistent with this Agreement may cause special, unique, unusual, extraordinary, and irreparable harm to the other party, the extent of which may be difficult to ascertain. Accordingly, each party agrees that, in addition to any other remedies to which the nonbreaching party may be legally entitled, the nonbreaching party shall have the right to seek to obtain immediate injunctive relief, without the necessity of posting a bond, in the event of a breach of Section 10 or 11 by the other party, any of its employees, agents or consultants. 13. LOCALITY MEDIA REPRESENTS AND WARRANTS THAT IT SHALL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SERVICE WITHOUT INTRODUCING ERRORS OR OTHERWISE CORRUPTING DATA AS SUBMITTED BY THE CUSTOMER. WITHOUT LIMITING THE FOREGOING, LOCALITY MEDIA MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE AT ALL TIMES, NOR DOES LOCALITY MEDIA WARRANT THAT THE SERVICE WILL REMAIN COMPATIBLE WITH, OR OPERATE WITHOUT INTERRUPTION ON, ANY EQUIPMENT OF THE CUSTOMER OR CUSTOMER USERS. 14. RESERVED. 15. The Customer represents and warrants that the Customer is authorized and has all rights necessary to enter into this Agreement, to provide the Data furnished by the Customer to Locality Media, and to.use the Service and Data, and Customer will only use the Service and Data, as permitted under this Agreement and in accordance with the laws, regulations, and any third -party agreements applicable to the Customer and Customer Users. Without limiting the generality of the foregoing, Customer shall not cause or permit any Data to be uploaded to the Service or used in connection with the Service in any manner that would violate any third -party intellectual property rights or license between Customer and any third party. Customer agrees not to use or permit the use of the Service and Data in connection with any public or private enterprise other than operation and performance of the Customer's functions and services. In addition, the Customer and the Customer Users shall not copy, distribute, license, reproduce, publish, modify, or otherwise use any Personally Identifiable Information (PII) contained within the Data accessed through the Service for any purpose other than to lawfully carry out the services and duties of the Customer. The Customer shall remain responsible for the performance, acts and omissions of each Customer User as if such activities had been performed by the Customer. 16. Locality Media shall indemnify, defend and hold harmless the Customer and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from Locality Media's negligence, willful misconduct, or fraud under this Contract, whether such operations be by himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. Locality Media shall further indemnify, defend and hold harmless the Customer Locality Media, Inc. Agreement Feb 2023 Page 3 of 15 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRI RG3QQULOS from and against any and all damages, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys'fees) (collectively, "Losses") resulting from any third -party claim, suit, action, Investigation or proceeding (each, an "Action") brought against the Customer based on the Infringement by Locality Media of any third -party Issued patent, copyright or registered trademark, except to the extent such Action is based on Data furnished from the Customer, the Customer's breach of any third party agreement, or any combination or integratlon of the Service with any Customer- or third -party property, method or system. Responsibility for Damage Claims - it is specifically agreed between the parties executing this contract that It Is not intended by any of the provisions of any part of the contract documents to create In the public or any member thereof a thlyd-party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this contract. It Is understood that no subcontractor Is a thlyd-party beneficiary to any contract between the Clty and the prime Vendor, Nothing In any special provision or any supplemental specification .shall be construed as eliminating or superseding the requirements of this section. 17. The Customer will Indemnify, defend and hold Locality Media harmless from and against any and all Losses arising from or relating to: (1) any breach by the Customer of Section 8; or (11) any Action by a Customer User or third party arising from or relating to the use of the Service or Data accessed through the Service, except to the extent such Losses are subject to Section 1.5 above or result from the gross negligence or willful misconduct of Locality Media. 18, Such Indemnification under Sections 16 and 17 will be provided only on the conditions that: (a.) the indemnifying party is given written notice reasonably promptly after the indemnified party receives notice of such Action; (b) the indemnifying party has sole control of the defense and all related settternent negotiations, provided any settlement that would impose any monetary or injunctive obligation upon the indemnified party shall be subject to such party's prior written approval, and (c) the indemnified party provides assistance, information and authority as reasonably required by the indemnifying party. 19. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS IN SECTION 16, AND EXCEPT FOR CLAIMS OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, LOCALITY MEDIA SHALL NOT BE LIABLE TO THE CUSTOMER OR CUSTOMER USERS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THiS AGREEMENT OR THE SERVICES OR DATA, EVEN IF THE CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAi41AGES, EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS IN SECTION 16, AND EXCEPT FOR CLAIMS OF GROSS NEGLIGENCE, WiLLFUL. MISCONDUCT OR FRAUD, LOCALITY MEDIA SHALL NOT BE LIABLE TO THE CUSTOMER OR CUSTOMER USERS FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF $50,000. 20. All notices, requests, demands, or consents under this Agreement must be in writing, and be delivered personally, by email or facsimile followed by written confirmation, or by internationally recognized courier service to the addresses of the parties set forth in this Agreement. 22. Except as otherwise provided below, neither party may assign this Agreement or any rights or obligations hereunder without the prior written consent of the other party. Locality ivledia may assign this Agreement or any rights or obligations hereunder to any Locality Media affiliate or in connection with the merger or acquisition of Locality Media or the sale of all or substantially all of its assets related to this Agreement, without such consent. In the event of an assignment without Customer's consent, Customer may terminate the Agreement on the next anniversary of the Effective date of this Agreement by providing thirty (30) days' written notice to Locality Media's assignee, This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors and permitted assigns. 22. This Agreement shall be governed by and Construed in accordance with the laws of the State of Iowa. 23. Any modification, amendment or waiver to this Agreement shall not be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy hereunder shall operate as a waiver of such right, power, or remedy, Locolily Medlo, Enc. Agfeement Feb 2L"23 Page 4 of IS Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRI RG3QQULOS 24. The parties are independent contractors with respect to each other, and neither shall be deemed an employee, agent, partner, or legal representative of the other for any purpose or shall have any authority to create any obligation on behalf of the other. 25, Any delay In or failure of performance by either party under this Agreement will not be considered a breach and will be excused to the extent caused by any event beyond the reasonable control of such party including, but not limited to, acts of God, acts of civil or military authorities, strikes or other labor disputes, fires, interruptions in telecommunications or Internet or network provider services, power outages, and governmental restrictions, 26. Each provision of this Agreement is severable from each other provision for the purpose of determining the enforceability of any specific provision. 27, Insurance Requirements. 1. Certificate of Insurance; Cancellation or Modification a. Before commencing work, the Vendor shall submit to the City for approval of a Certificate of Insurance meeting all requirements specified herein, to be In effect for the full contract period. I. The City of Iowa City will be named as additional insured. ii. Project bid number and project title will be In the description. iii. Insurance carriers will be rated as A or better by A.M. Best b. The Vendor shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. c. Cancellation or modification of said policy or policies shall be considered just cause for the City of Iowa City to immediately cancel the contract and/or to halt on the contract, and to withhold payment for any work performed on the contract. d. The policy shall be primary in payment, not excess or contingent, regardless of any other coverage available to the City. 2. Minimum Coverage a. Any policy or policies of insurance purchased by the Vendor to satisfy his/her responsibilities under this contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Informal Project Specs: Class I (under SIM) Type of Coverage Each Aggregate Occurrence a. Comprehensive General Liability (1) Bodily Injury & Property Damage $500,000 $1,000,000 b. Automobile Liability Combined Single Limit (1) Bodily Injury & Property Damage $500.000 c. Worker's Compensation Insurance as required by Chapter 85. Code of Iowa When Additionally Required: Errors and Omissions $500,000 Fidelity Bond (minimum) $50,000 Locality Media, Inc. Agreement Feb 2023 Page 5 of 15 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS Formal Project Specs: Class Il (over $1M) Type of Coverage Each Aggregate Occurrence a. Comprehensive General Liability (1) Bodily Injury & Property Damage $1,000.000 $2,000,000 b. Automobile Liability Combined Single Limit (1) Bodily Injury & Property Damage $1,000,000 c. Excess Liability $1,000.000 $1,000,000 d. Worker's Compensation Insurance as required by Chapter 86, Code of Iowa. 28. Availability of Funds. A contract shall be deemed executory only to the extent of appropriations available to each department for the purchase of such commodities and/or service. The City's extended obligation on these contracts which envision extended funding through successive fiscal periods shall be contingent upon actual appropriation for the following fiscal year. 29. Change in Laws. In the event of a change in law that frustrates the goals of the City relative to this contract, the City will be entitled to terminate the contract with thirty (30) days' written notification to the Vendor without cost or penalty to the City. 30. Contract Alterations. The City reserves the right to make changes to the Goods/Services to be provided which are within the Scope of this Contract. No assignment, alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and agreed to by both the City and the Vendor. The Vendor shall not commence any additional work or change the scope of the Goods/Service until authorized in writing by the City, Vendor shall make no claim for additional compensation in the absence of a prior written approval and amendment of this Agreement executed by both the Vendor and the City. This Agreement may only be amended, supplemented or modified by a written document executed in the same manner as this Agreement. 31. Subletting of Contract. Vendor shall not assign, transfer, convey, sublet or otherwise dispose of any right, title or interest therein, or his/her power to execute such contract, to any other person, firm or corporation, without the prior written consent of the City, but in no case shall such consent relieve the Vendor from his/her obligations, or change the terms of contract. 32. Contract Period. Contract shall remain in force for a full period specified and until all commodities and/or services ordered before date of termination shall have been satisfactorily delivered and accepted and thereafter until all requirements and conditions shall be met, unless: a. Extended upon written authorization of the City and accepted by Vendor, to permit ordering or unordered balances or additional quantities at contract prices and in accordance with contract terms. b. Extended upon written authorization of the City and accepted by Vendor, for a period negotiated and agreed upon by both parties, when in the best interest of the City. c. Terminated due to default, as described below. 32. Default. The contract may be cancelled or annulled by the City in whole or in part by thirty (30) days' written notice of default to the Vendor upon non-performance, violation of contract terms, delivery failure, bankruptcy or insolvency, or the making of an assignment for the benefit of creditors. An award may then be made to next low bidder, or when time is of the essence, similar commodities and/or service may be purchased on the open market. In either event, the defaulting Vendor (or his/her surety) shall be liable to the City for cost to the City in excess of the defaulted contract price. Lack of knowledge by the Vendor will in no way be a cause for relief from responsibility. 33. Delivery Failures. Failure of a Vendor to provide commodities and/or service within the time specified, unless extended in writing by the City, or failure to replace rejected commodities and/or service when so directed by the City shall constitute delivery failure. When such failure occurs, the City reserves the right to cancel or adjust the contract, whichever is in the best interest of the City. In either event, the City may purchase in the open market commodities and/or service of comparable worth to replace the articles of service rejected or not delivered. On all such purchases, Locality Media, Inc. Agreement Feb 2023 Page 6 of 15 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRiRG3OOULOS the Vendor shall reimburse the City, within a reasonable time specified by the City, for any expense incurred in excess of Contract prices, or the City may deduct such amount from monies owed the 'Vendor, If the contract Is not cancelled, such purchases shall be deducted from contract quantities. The City reserves the right to accept commodities and/or service delivered which do not meet specifications or are substandard In quality, subject to an adjustment In price to be determined by the City, 34. Force Majeure. The Vendor shall not be liable In damages for delivery failure when such failure Is the result of fire, flood, strike, act of God, act of government, act of an alien enemy or any other circumstances winich, In the Clty's opinion, Is beyond the control of the Vendor. Under such. circumstances, however, the City may at Its discretion cancel the contract. The City shall not be liable In damages for any payment failure and may suspend or terminate the contract with respect to delivery of any additional goods or services when such failure, suspension or termination is the result of fire, flood, stripe, act of God, act of government, act of an alien enemy or any ether circumstances which, in the City's opinion, is beyond the Cltyfs control, Under such circumstances, however, the Vendor may at its discretion cancel the contract. 35. New Goads Fresh Stock. All contracts, unless otherwise specified, shall produce new commodities, fresh stock, latest model, des€Un or pack. 36. Professional Workmanship. Professional workmanship shall meet or exceed existing industry standards. 37. Occupational Safety and Health Administration Requirements. All commodities and/or service shall satisfactorily comply with applicable Occupational Safety and Health Administration regulations in effect at the time commodities are shipped and/or the service Is performed, Safety Data Sheets are required in accordance with applicable regulations. 38. Anti -Discrimination. Vendor 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. 39. Delivery Provisions: 1. Cartage. All items shall be delivered free on -board destination. Delivery costs and charges must be included in tile- bid hebid unless otherwise stated in the specifications or proposal. 2. Responsibility for commodities and/or services. The Vendor shall be responsible for any commodities and/or service covered by this contract until they are delivered at the designated point, but the Vendor shall bear all risk for rejected commodities and/or service after written notice of rejection, Rejected commodities and/or service shall be removed and/or replaced by and at the expense of the Vendor promptly after written notification of rejection, unless public healthy. and safety require destruction or other disposal of rejected delivery. Upon Vendor's failure to do so within thirty (30) calendar days after the date of notification, the City may return the rejected commodities to the Vendor and/or replace services at the Vendor's risk and expense, or the City rmay dispose of them as its own property. 3. inspections. Final Inspection of commodities and/or service shall be conclusive except as regards latent defects, fraud, or such grass mistakes that amount to fraud. Final inspection and acceptance or rejection of the commodities and/or service shall be made within a reasonable time after delivery, but failure to inspect and accept or reject commodities and/or service shall not impose liability on the City if such commodities and/or service are not in accordance with the specifications. All delivered commodities shall be accepted subject to Inspection and physical count. 4. Time of Delivery, Vendor shall guarantee delivery of supplies in accordance with such delivery schedule as may be provided in the specifications and proposals, If delivery schedules are not provided in the specifications section, deliveries will be accepted between 8:30 a.m. and 3:30 p.m, on weekdays only. ivo deliveries shall be accepted on Saturdays, Sundays or holidays, unless otherwise authorized. Locality Media, Inc, Acgreentent Fete 2023 Page 7 of 15 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS 5, Packing Slips or Delivery Tickets. All shipments or deliveries shall be accompanied by packing slips or delivery tickets and shall contain the following information for each item delivered: • Name and Address of Ordering Department/ Division. • Name of the Vendor. • Commodity name. • Supplier's stock number. • Quantity ordered, • Quantity and date shipped. • Quantity back ordered. Vendors are cautioned that failure to comply with these conditions may be considered sufficient reason for refusal to accept the commodities and/or for delay in payment. 40. Warranty/Guarantee. The Vendor warrants that all articles, materials and services performed shall be consistent with manufacturer's specifications and will be free from defects. From the post acceptance by the City of Iowa City of the items delivered and installed Vendor shall provide a one (1) year warranty to include all hardware, parts, software, software updates, shipping costs, labor, travel, and service calls. If, within the guarantee period, any defects or signs of deterioration are noted which in the City's opinion are due to faulty design, installation, workmanship, or materials, the Vendor, upon notification and at his/her expense, shall repair or adjust the equipment or parts to correct the condition or he/she shall replace the part or entire unit to the complete satisfaction of the City. These repairs, replacements or adjustments shall be made only at such time as shall be designated by the City as least detrimental to the operation of the City business. Vendor will replace, at Its own expense, any project component that does not meet departmental expectations within three (3) to five (5) business days of installation without limitation of any rights which the City may have by reason of any breach of warranty. Regardless of any statement to the contrary, the Vendor agrees that the implied warranty of merchantability and fitness for a specific purpose is not disclaimed. 41. Discrepancies. In the event that there are any discrepancies or differences between any conditions of the Vendor's quote and the General Terms and Conditions prepared by the City of Iowa City, the City's General Terms and Conditions shall prevail. All costs associated with this project must be included in the Vendor's submitted quote. The total project cost for complete repair must include all costs for required equipment, supplies, shipping, labor, and travel needed for the full functionality and use of the equipment. Any costs not specifically set forth in this Quote will be the responsibility of the Vendor and will be deemed included in the fees and charges bid herein. 42. Choice of Law and Forum. The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this contract, without regard to the conflict of law provisions of Iowa law. Any and all litigation commenced in connection with this contract shall be brought and maintained solely in Johnson County District Court for the State of Iowa, Iowa City, Iowa, or in the United States District Court for the Southern District of Iowa, Davenport Division, Davenport, Iowa, wherever jurisdiction is appropriate. This provision shall not be construed as waiving any immunity to suit or liability in State or Federal court, which may be available to the City, 43. Trade Secrets or Propriety Information. Responses to this Request for Bid become the exclusive property of the City of Iowa City. All documents submitted in response to this Request for Bid may be regarded as public records and may be subject to disclosure. During the course of the submittal evaluation process or the course of the project, City of Iowa City will accept materials clearly and prominently labeled "Trade Secret", "Confidential", or "Proprietary" by the respondent or other submitting party, The City of Iowa City will not advise as to the nature of the content of the documents entitled to protection to disclosure, or as to the definition of trade secret, confidential, or proprietary information. The respondent or other submitting party will be solely responsible for all such determinations made by it, and for clearly and prominently marking each and every page or sheet of materials with "Trade Secret", "Confidential", Localily Media, Inc. Agreement Feb 2023 Page 8 of 15 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1RG3QQULOS or "Proprietary" as it determines to be appropriate. Respondents which indiscriminately so identify all or most of their submittal as protected from disclosure without justification may be deemed non-responsive. The City will endeavor to advise the Vendor of any request for material under the Iowa Open Records Act (Iowa Code Chapter 22) that the Vendor has marked "Trade Secret", "Confidential" or "Proprietary" by giving the Vendor 5 calendar days' notice of such request prior to release of the material so marked to enable the Vendor to seek a court order to protect such materials from disclosure, The City's sole responsibility is to notify the proposer of the request for disclosure, and the City of Iowa City shall not be liable for any damages resulting out of such disclosure, whether such disclosure is deemed required by law, by an order of court or administrative agency, or occurs through inadvertence, mistake, or negligence on the part of the City of Iowa City or its officers, employees, consultants, or subconsultants. 44. City Officers and Employees not to benefit. Upon signing this agreement, Vendor 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 contract, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5, 45. Payment Provisions, 1. Payment Terms. The Total Year 1 cost listed in Exhibit A will be invoiced on or around the Subscription Start date. For subsequent annual periods, the Service fees are due and payable annually in advance. Payment terms Net 30 days. 2. Withholding Payment. Consideration for withholding payment shall include faulty materials, equipment, or workmanship, back orders, and liens that have been filed, or evidence indicating a possible filing of claims. In all cases, regulations and limitations imposed by the Federal Government and State of Iowa shall prevail. 3. Invoicing. Following acceptance, payment shall be made within thirty (30) calendar days from receipt of proper invoice. Invoice shall include project number, purchase order number, department name, dollar amount, and any other pertinent information. 4. Taxes. The City of Iowa City is exempt from all Federal, State of Iowa and other states' taxes on the purchase of commodities and services used by the City of Iowa City within the State of Iowa. The Purchasing Division shall provide tax exemption certification to out of state suppliers as required. Out of state taxes imposed on purchases of commodities and/or services which are used within another state are applicable and subject to payment. Vendors shall bill the City Accounting Division, including tax, for contracts pertaining to the alteration, construction or repair of real property. The Vendor Is * hall provide the necessary Iowa Department of Revenue Contractor's Statement (one contractor's statement for eachsubcontractor). The Accounting Division shall then contact the State of Iowa for tax reimbursement. Vendors and subcontractors shall pay all legally required sales, consumer and use taxes on all commodities and/or services purchased or rented to complete their contract. If a Vendor, subcontractor, or builder is to use building materials, supplies, and equipment in the performance of a construction contract with a designated exempt entity, the person shall purchase such items of tangible personal property without liability for the tax if such property will be used in the performance of the construction contract and a purchasing agent authorization letter and an exemption certificate, Issued by the designated exempt entity, are presented to the retailer. Locality Media, Inc. Agreement Feb 2023 Page 9 of 15 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1RG3QQULOS 46. Agreement Billing Information a. Accounts Payable Contact Name: Email: Phone: b. Tax Exempt (Yes/No) If Yes, please email a copy of the Exempt Certificate to accounting@firstdue.com. c. Purchase Order Required (Yes/No) If Yes, return a copy of the Purchase Order with the signed agreement or email a copy to accounting@firstdue.com. LOCALITY MEDIA, INC. City of Iowa City H /e c a� wl� ri ri ---- =z — By: � /i By: ___ i Name: Andreas Huber Name: Title: CEO Title: Date: Jun 02 2023 12:32 PDT Date: 617/23 ,Approved By�' �4 > -2J City Attorney's Office Local -y rA(-,dia irer-ib Page 100` 15 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3000LOS ra first due Locality Media, Inc. dba First Due 107 Seventh St Garden City, NY 11530, United States Phone: +1 (516) 874-2258 Website: https://www.firstdue.com/ BILL TO: Eric Nurnberg Iowa City Fire Department 410 E Washington St Iowa City, IA 52240 Account: Iowa City Fire Department Subscription Start: July 1, 2023 Initial Term: 12 months Annual Subscription: $40,100.00 Exhibit A - Quote Prepared By: Justin Kelly Valid Until: August 31, 2023 Quote Number: 1545132000107486260 Product Details Total Occupancy Management b Pre -incident Planning $ 4,200.00 Manage Occupancies, Pre -Incident Mapping, GIS data, Fire Systems, Hazardous Material, and Contacts. $ 500.00 Responder $ 3,700.00 Web Responder dashboard and Responder iOS/Android App with notifications, statusing and routing. $ 650.00 Inspections $ 5,550.00 Field Inspections, Configurable Checklists, Violation Management, Virtual Inspections, $3,000.00 Inspections Scheduler, and Integrated Pre -Incident Planning. Incident Reporting - NFIRS $ 4.050.00 NFIRS Incident Documentation, State and Federal Compliance with automated $ 5,550.00 submission. Incident Reporting - ePCR $ 8,100.00 ePCR Incident Documentation, State and Federal Compliance with automated $ 1,000.00 submission. Scheduling $ 3,800.00 Manage staff schedules with an interactive shift board, configurable call shifts module, messaging, time -off and shift trades. Personnel Management $ 500.00 Store, Manage and Access Employee Records including demographic data. certifications and employment information. Events & Activities $ 650.00 Create Events, View Global Activity Log: and Access Global Calendar. Assets & Inventory $3,000.00 Assets, vehicles, equipment and inventory management, assets and equipment checks, and work order management. Community Connect $ 5,550.00 Online portal for residents and businesses to input critical occupant and property data that can be made available to Emergency Response Agencies during an incident. CAD Integration $ 1,000.00 Automated importing of CAD calls via XML, Database Connector or API. Locali-y Medio, Inc Agreement Feb 2023 Page I 1 of 15 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1RG3QQULOS Online Standard Training Package Included Includes a one-hour planning session and up to 6 hours of webinar train -the -trainer sessions Implementation and Configuration Services Included Services related to configuring and customizing the First Due Platform as described in the Statement of Work. One -Time Fees Subtotal $ 0.00 Subscription Fees Subtotal $ 40,100.00 Total Year 1 $ 40,100.00 Total Year 2 $ 42,105.00 Total Year 3 $ 44,210.25 Total Year 4 $ 46,420.76 Total Year 5 $ 48,741.80 Grand 5 -Year Total $ 221,577,81 Statement of Work Please see attached Statement of Work detailing the Implementation, Training and Support for this Exhibit A - Quote. Terms and Conditions The above -listed Total Year 1 will be invoiced on or around the Subscription Start date as defined in the Agreement. For subsequent annual periods, the Service fees are due and payable annually in advance. Payment Terms: Net 30 days For electronic ACH payment: JPMorgan Chose Bank I ABA Routing: 021000021 1 Account h: 803527972 Locality Media, Inc. Agreernent Feb 2023 Page 12 of 15 Zoho Sign Document ID: 2AB7F2F4-080SIGRU189KRONHOMHB6EVE92D6ZQTHRIRG3QQULOS 1-F) first d u e Locality Media, Inc. dba First Due 107 Seventh St Garden City, NY 1 1530, United States Phone: +I (516) 874-2258 Website: httos://www.firstdue.coml Statement of Work For Quote Number: 1545132000107486260 Statement of Work I Iowa City Fire Department Introduction The purpose of this Statement of Work (SoW) document is to clearly define the Implementation, Training and Support. Implementation: First Due works very closely with you to ensure the application is ready for go -live. During the Implementation you will be assigned a Client Success Manager and Implementation Manager who will lead you through the process. Below is a description of each component of our implementation. a) Discovery 8 Planning: During a project kick-off meeting we will flesh out the key components of the configuration, customer stakeholders and project Timelines. After this stage we will have a clear plan to when and how your agency will be live with First Due. b) Configuration: First Due is an out -of -the box system but can be configured for your Agency's needs. Our team will work with you to configure all the parts of the application necessary for go -live and beyond. These configuration sessions will generally occur weekly, and act as administrator training. c) Optimization: Once the account is configured, we will arrange a small end-user testing group to begin to use the application out -in -the -field. This is an iterative process in which we listen to feedback and make adjustments to the product on the fly. d) Training: Once we have sign -off the product is ready for go -live we will build the necessary training plan together, which may include train -the -trainer sessions, end user training, custom training videos/content or even onsite sessions. The training section below provides more detail on included training. e) Roll Out: After training is complete, we are ready to roll-out the platform. We will work closely with you to ensure First Due is rolled out effectively across your agency. f) Support: Once we achieve sign -off that the system is live and stable. we will transition to support (as described in the support section below). However, you will continue to have a dedicated Client Success Manager moving forward. 2. Training: Training is an integral part of any successful implementation. First Due is focused on providing your agency adequate training to ensure effective user adoption of the platform. As part of this Statement of Work, the customer will receive the purchased training as outlined in Exhibit A - Quote throughout the implementation process as outlined: 1. Webinar Administrator training during configuration sessions 2. Webinar formal Train -the -Trainer and/or End User Session(s) during the training phase 3. Access to online training videos, documents. content. and interactive knowledgecase Integrations: Any scoped integrations included in this document will be described below. Any additional integration scoped at a later date will be provided in a separate SoW at that time. lccclity Media, 'nc. Agreement Feb 2023 Page 13 of 15 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS 4. Data Migration: First Due understands the importance of data migration to our customers and has extensive experience working to migrate historical records Into the platform. First Due will use best efforts to migrate applicable data from Customer's existing systems utilizing data migration best practices. This includes: 1. Data Migration Planning Session 2. Assistance/Guidance in extracting data from existing system/s 3. Mapping extracted data to First Due import workbooks 4. Importing of Data into First Due 5, Support: First Due provides Support as part of the base subscription, This includes: 1. Email, Phone, Ticketing System Support Channels and Live Chat 2. Dedicated Client Success Manager 3. Access to knowledge base including online training videos and FAQs Locality Media, Inc. Agreement Feb 2023 Page 14 of 15 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS Exhibit 6 Fr -3 first d u e City of Iowa City RFP23-1 0 Enterprise Software for Records Management System or so V L1% www.firstdue.com Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS Do Not Sha or ;R E:),- r<ucc - rnt(.-,•rprtse Sol Nva ry for ;.";ec'i'ds M,rri��ciz�r>r"t sysrem Dear City of Iowa City Fire Department team, First Due is humbled and excited for the opportunity to respond to your Request For Proposal for a Fire Records Management System. We believe First Due (Locality Media Inc) is best positioned to assist you in reaching those goals. First Due is a leader in Fire and EMS software solutions, re -imagining how agencies run their entire operation. We founded First Due because of a line -of -duty death, with a mission to ensure first responders have the information they need when responding to an incident. As we worked with agencies across the country, we noticed some massive challenges facing the fire service: There is no true singe platform that does it all - across Pre -Planning, Prevention Response, Incident Reporting, Assets & Inventory, Scheduling, ePCR, Personnel, Community Engagement, Events and Training. • Most of the current vendors are built on old technology, not allowing customization or access to data on any device. Technology is being sunset or stalled, leaving critical u.se-case gaps for fire agencies. There is lade of innovation and support. The current vendors in the space are not innovating fast enough to keep up with the growing demans of Fire; EMS agencies. Current solutions are net responder focused. Even if you collect and maintian great data and pre -pians - they are rarely used out in the field at the time of response. • Mutual aid and cross -agency incidents are challenging, offering little interoperability. . The impact of these problems are extensive inefficiencies due to duplicate data entry and lack of automation • More roan hours accomplishing less work • Higher true IT cost or total cost of ownership • Increased risk to the community and staff, negatively impacting ISO and accreditation. • No true visibility into your operation First Due is changing that., We provide a single, modern, cloud -based application that allows agencies to run their entire operation in one place. Our end-to-end solution offers the following: A best -of -breed Pre -incident Planning platform to collect data and create amazing pre -plans in the field, and even automatically create pre -plans on every structure by programmatically connecting to third -party data sources. An interactive Community Engagement platform, which allows your residents and business owners to share critical life safety information on their homes & occupancies. f5e eiaCil,c t i r oSci Lz'y' U O+rL`d Ctiy IFF v wig vJirstdue.com Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS n(, Not Sfld �E? ar Rt'prOL1l1c-e — Enterprise Scft'r a �' FQf Fi K, , 1]% ti�c7.1 <3`F: I'T?r_'C!C System • A comprehensive Fire Prevention module, including customizable inspection checklists, code management, invoicing, permits, virtual inspections, integrated pre- planning, investigations and more. • A complete Mobile Response platform, tied to dispatch, so your crews can access this great information at the time of response, as well as be notified enroute to the call, all on web, iOS, and Android. • An Incident Reporting platform, with autromated NFIRS and NFORS reporting with NEIVISIS compliant eFCR. • Best -of -breed, fully integrated Scheduling and Personnel Management with flexibile shift beard, tir-ne-off, call shifts, messaging and more. • Assest and Inventory Management with real-time insights and statistics into appartus and equipment health, usage, and compliance, seamlessly linked to First Due Scheduling, Incident Reporting and more. • Modules for Training and Events Management to help you manage your administrative systems with ease First Due is a private, profitiable business growing annual recurring revenue by greater than 100% in each of the last four years. This hypergrowth is a result of the deep functionality within our end-to-end software suite for Fire & ENIS agencies. First Due can be the last full RMS software solution your agency will need. First Due would be honored to work xith The City of Iowa City. Thank you for your consideration. Best, Andreas Huber CEO First Due Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRIRG3QQULOS Table of Contents 1. Letter of Summary 2. Firm Qualifications 5 3. Product Information and Implementation 12 Timeline 4. Pricing Schedule 18 Forms and Exhibits 21 • Certificates of Insurance • Sample Implementation Plan First Due Implementation and Support • First Due Security and Infrastructure About First Due 40 www.firstdue.com Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS 1. Letter of Summary The name, and contact information for the person(s) who will serve as the principal contact with the City. The City of Iowa City's principal contact from First Due will be: Justin Kelly, Account Executive iustin_kel irstdu� cpm_ 1 (551) 592-6390 A summary of the firm's understanding of the work. Highlight any features unique to the services and products offered to differentiate the proposal from competitor's proposals. First Due is passionate about ensuring public safety agencies around North America can take a giant leap forward in how information is used to plan for incidents, increase survivability, and de -risk communities. By delivering a platform for collaboration and sharing, we are bridging the deadly information gap end-to-end, always keeping in mind the way First Responders and Emergency Managers work today. First Due is excited to work with the City of Iowa City and help provide it with best -in -class enterprise software for Fire Records Management. This software must include several key features, all highlighted in the Scope of Work provided in the RFP. We're proud to say that First Due's solution covers these key points and is supported by our fantastic development and implementation teams. Our solution includes: • Pre -Incident Planning Community Engagement • Eire-PLeyRn on Mobile Response • $ 1.hed"&.ReLw.C?neI Assets & Inventory • ►�F.tftS.�nsislent_Re.�zszrting • PPCR Incident Reporting Unlike many of our competitors, First Due can provide a single, .modern, cloud -based application that allows agencies to run their entire operation in one place. Areas of Specialization and Expertise As a forward -thinking organization, we are focused on simplifying and modernizing the work of today's emergency agencies. With a focus on modern technology like automation, Al, IoT, and interconnectivity, we're building a solution that will grow with - and for -Iowa City. Examples of our tech -first, people -first products include: FF]www firstdue.cam Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRI RG3000LOS • Virtual inspections, allowing inspectors to complete inspections using their tablet or -Toone device • The First Due App, available on iOS and Android, allowing users to complete their First Due tivo k +I -rough an easy-to-use app interface • Interoperability between modules, so data is not only secure, but users don't have to enter in data multiple times in multiple systems • Automated and customized scheduling, training, and events modules to ease your administrative burden, with features like drag -and -drop Kanban -style scheduling and automatic notifications of training and events activities • Connected vehicle automation for our assets, making sure you never run low on the materials and apparatus you need to run your agency. In addition, every customer is assigned to a designed Customer Success Manager (CSM). Our CSMs are all current or former fire service members trained to help you manage your First Due account and support you if you have questions. We pride ourselves on being a fire -first service, built for and by firefighters. With our intense focus on the unique aspects of the fire service, we bring a specialized solution that our customers rely on to keep them safe, efficient, and effective for their communities. A signature of the person in your firm who is authorized to negotiate terms, render binding decisions, and commit the firm's resources. .se contact Justin Kelly (Tustin kelt fi-s*due com) for more information on this bid. Thank you, Rachael Paul -Heinz Communications Director 171 www.'irstdue.com 2. Firm Qualifications Fia fi rst due Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRIRG3OOULOS 2. Firm Qualifications Provide a description of your company's qualifications, and resources as they relate to requirements of this Request for Proposal. Your First Due Team The First Due team has extensive experience developing, implementing, and supporting software and technology projects, including the First Due system. As a team, we have implemented our software for agencies across the country with requirements of varying complexity - including large-scale deployments such as Seattle, Raleigh, Santa Monica, Knoxville, Charlotte, the NVERS group (Fairfax County, Alexandria, Arlington, etc), Mecklenburg County, Buncombe, and more. Across the team, we have experience with but not limited to: • Project and program management • Extensive experience with migrating data from legacy systems • Integration with cloud and on -premises applications • Integration with CRDs, including Hexagon, Central Square, Motorola and more • Complex customization and workflow • GIS and geospatial data • Data analytics and reporting • All areas of emergency software • Building cloud and native applications • SaaS customer success best practices including onsite and remote training. • Security, encryption and redundancy practice and protocols • HIPAA compliance and policies First Due Customers First Due is very experienced with the demands of our nation's largest government entities. For the past several years, First Due has been working with the Seattle Fire Department to deploy our Pre -Plan, Response, and Fire Prevention modules to meet their exact specifications. This complex deployment required us to migrate, integrate, and eventually replace several different Records Management platforms previously used by the agency. In contrast to Seattle, First Due also has a powerful reputation for deployment of multi - agency, cross -county jurisdictions. With support from the Northern Virginia Emergency Response System and the Northern Virginia Hospital Alliance, First Due has successfully deployed across 15 counties and cities covering more than 2.6 million people. In addition to City of Seattle, we also serve Fort Lauderdale, Fort Worth, City of Charlotte, and hundreds more. Learn more about our customers and how First Due works for them. www.firstdLe.mm Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS Provide resumes of all staff assigned to the project. Key Team Members Andreas Huber, Co -Founder, CEO Andreas has eight years of experience providing innovative technology solutions to the public sector. Today, he is proud to lead the First Due team with the first solution to bridge the deadly information gap our first responders face. By arming agencies with the data and information they need, better and faster decisions are made. Rami El-choufani, Co -Founder, Head of Product Rami has extensive enterprise SaaS sales and development experience. He studied and worked as a Mechanical Engineer before transitioning to software in 2010. Rami leads Operations and Product at First Due as COO. Rami is responsible for planning, directing and coordinating the operations of First Due. This involves developing and implementing Sales & Marketing strategies, mapping future Product Development to the Business Mission and Goals and supporting customer implementation. Chin Kuo, CTO Chin is an experienced technical entrepreneur, innovator, product manager, team builder, and mentor. At First Due, he has recruited, built, and now manages the company's SaaS, mobile, and open data software development and support team. Toby Ritt, Vice President of Sales Toby is First Due's Vice President of Sales, building pipeline and product to best serve agencies across North America. He leads First Due's sales function. Toby has more than 15 years of experience in fire, EMS and RMS sales, most recently as the VP of Sales and Business Development at ImageTrend. Justin Kelly, Account Executive Justin Kelly, Account Executive, has several years of experience working in the fire, EMS and RMS sales industry, most recently as an Account Executive with ImageTrend. He also spent several years working with the Farmington Fire Department. Joe Callahan, Customer Success Manager Joe Callahan, Client Success Manager, has worked in the fire and safety industry for over 5 years, with experience as a firefighter and a lifeguard he has a strong ability to understand our clients needs and directly relate to their experiences in the field. r rv3 www.fir stdue.com Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZOTHRI RG3OOULOS Anne Hulsether, Director of Implementation and Support Anne is responsible for all implementation and customer support functions at First Due, ensuring the customer relationship is positive and customers receive the white -glove service for which First Due is known. Anne has extensive experience in the public safety and implantation/client services space, including serving as the Director of Client Services at ImageTrend. Justin Dillard., Lead Solutions Consultant Justin started in the fire service before transitioning to technology. He has more than 14 years of experience in selling and designing records management systems. Justin works with Sales and Product teams to develop product enhancements to positively impact end users. He has worked with thousands of fire departments and ambulance services in North America. Implementation Team Your Implementation Manager leads the work to get you started with First Due. Your First Due Implementation Manager starts their relationship with you by gathering information from your Account Executive, your Client Success Manager, and your team directly. They'll bring their extensive project management, tech, and public safety experience to understand where to begin and how to build out your instance of First Due. Integrations with systems such as CAD, regional incident reporting bodies, response solutions, and more will be assessed at this time. Your Implementation Manager will also be your go -to person for imports of previous incident history, hydrant lists, occupancy data, personnel, and any other prior data you bring into First Due. Your Trainer's only job is to get agencies like yours up to speed on First Due. All our trainers are both product and instruction experts who take both the classroom and written/multimedia approaches to training to ensure your team's success. You'll have the opportunity to attend local First Due command summit events; led by your regional First Due trainer, all agencies in an area get together to check out the latest from First Due, exchange strategies, and create a unified approach to mutual and automatic aid. Your Implementation Manager and Trainer will be named upon contract award. 7_3 i� www.firstdu-2.com 3. Product Information and Implementation Timeline Fr -3 first due Zoho Sign Document ID: 2AB7F2F4-Q80SIGRUI89KRONHOMHB6EVE92D6ZQTHR1RG3QQULOS 3. Product Information and Implementation Timeline Product information detailing desirable features of your software. Take care to point out areas which fulfill specification requirements outlined in sections 3 and 4. Product Information & Specifications First Due's modern cloud -based application has all of the modules and tools that the City of Iowa City's Fire Department are looking for. These include the specification requirements outlined in Section 3 and 4 of the RFP. These features include: NFIRS Reporting First Due delivers next -gen incident reporting, allowing users to document fire company responses with fully scalable, NFIRS and NFORS compliant reporting system designed for ease of use by field responders. Documentation capabilities include automatically prefilled property, dispatch, asset, personnel, and open data. All incident reporting requirements at the state and federal level can be fulfilled through automated uploads. ePCR Reporting First Due's NEMSIS-compliant Electronic Patient Care Record Incident Reporting Module allows your agency to initiate, complete and send incident documentation to required regulatory bodies at state and local level. It allows for configurable print reporting and integrates with other First Due modules. Our ePCR reporting tool can connect with your devices such as EKG, connected vehicles, and drivers license scanners. It is accessible via the Web as well as iOS aid Android. Data Analytics First Due's platform allows for several different reporting and data customization features. This includes customizable report generation through several different modules, as well as scheduled reporting. This information can also be made readily available for viewing on the dashboards of numerous modules. Pre -Incident Planning & Occupancy Management With First Due's innovative pre -planning solutions, agencies can: • Automatically aggregate critical information on every structure in your response area so you have pre -plans on every structure within weeks with no effort from your team. • Pre -plan in minutes, with NFPA and custom map markers, building system and structural information, hazardous materials, critical systems like alarm panels and fire systems, and more ... all on any device www.fi stdue.cam 1 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS F)"',Not s}'acl , of ITS"s�( i,.�UC.+_' — r')ii'i )r.`il'. `uJt v,,:ire foc R' co,,di i • Create an occupancy organizer for any structure • assign pre -plans with due dates to individuals, shifts, stations etc, • Manage workflow for submitting and approval of pre -plans • Access instant pre -plan dashboard and routing at time of dispatch. Events and Activites Align your planned training, community events, and station activities with your scheduling, training, and inspections schedules with ease through our Events and Activities module, Drag and drop personnel, assign on the fly, and adjust staffing levels to create a more complete picture of the non -emergency events and activities for which your team is responsible. Personnel Records With many similar functions and tools as our Scheduling module, First Due's platform has the ability to record personal data and attach documents to files. Assets & Inventory First Due's asset and equipment manager allows users to accurately understand, monitor, and assign apparatus, equipment, and inventory, including: • Intuitive all -in -one dashboard • Live fleet management • System logging • User -configurable asset checks • Real-time status updates and notifications • Drag -and -drop work order management • Configurable,,vork-order flows • Detailed work -order histories • On -the -fly work order creation • Connected vehicle automation, including odometer readings, PTO hours, engine hours, pump and warning lights, Hydrant Records Built to integrate with our Pre -Planning module, you can track hydrant location, maintenance schedule, flow rate, damages, and usage, all in one place. Scheduling Our Scheduling and Personnel module allows agencies to easily schedule personnel with simple dreg & drop functionality utilizing a best -of -breed scheduling platform. Automated functionality will recognize vacancies and other required movements to maintain minimum staffing levels, First Due's Scheduling and Personnel includes full ad-hoc reporting, payroll exporting, time off and trade monitors, time -offs and overtime. ..i5: I II 2c,,1,ps1 r c! P:saI :4 n IC! v'^,'3 4+ ( tV1YW.11r-tdU2.ccm i. r .. _ d v Zoho Sign Document ID: 2AB7F2F4-080SIGRU189KRONHOMHB6EVE92D6ZQTHR1RG3000LOS Community Risk Reduction Our Community Connect tool allows Emergency Response Agencies to communicate with their residents and commercial property owners by providing them portal access to add critical data about their property and its occupants. GIS/ESRI implementation/inferface Our platform is interconnected with both GIS and ESRI tools, and we have great relationships with ESRI and other GIS companies. As a whole, our platform can seamless allow users to view, create and maintain items via GIS interfaces such as ESRI. A scheduled time frame for completion of the project that would begin on a mutually agreed upon date. This should include a schedule describing the general work tasks and personnel assigned to the project. Identify the exact tasks, including system configuration and data migration, that the City of Iowa City and the proposer will perform and/or be responsible for in order to accomplish delivery and installation of the system in this time frame. Any task not specifically stated to be the responsibility of the City would be that of the Proposer. implementation Timeline First Due's implementation approach is framed around the client. We start with extensive discovery to identify needs, requirements, concerns, and deadlines. This helps us to then mold our Implementation Plan to best accommodate and deliver their needs. The following are the phases of our Implementation process: Oistovery: First Due holds Discovery sessions for each module we're implementing with both Systems Administrators and End Users to understand every need of the client. This Discovery helps us better plan for implementation. • Data Migration: Data is split into two prioritized categories. Our first focus and priority are basic information needed to configure an account so users can begin to onboard and provide feedback. The second tier is data that needs to be migrated but that is not critical to the Optimization of the account. This split approach enables Clients more time to Optimize their account with us. • Configuration: Configuration begins the moment we can onboard the client to their acco::nt. During this process, we help the client prioritize, review, and test each component of their respected module. • Testing: First Due begins the Acceptance Testing phase as early in the deployment as possible. By providing clients access to components of the platform once they're ready, it maximizes the feedback period. • Go Live: First Due's Client Success team will assist in planning and executing a seamless Go -Live for each module's release. . I .. f 15 * www firstdue cam Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS We work closely with all agencies to determine a realistic timeline for deployment to meet the department's expectations; to support this timeline we have a dedicated team that will oversee the project. Our volume of projects fluctuates frequently, and our team is adequately prepared to support a volume level higher than we currently carry. Implementation Planning & Support All Implementation work is conducted through First Due's Project Management portal, which enables both the client and First Due to manage tasks throughout the entire relationship. In addition to Project Management, this application also handles and consolidates Issues, Tickets, Knowledge Base articles and communication during the Implementation phase. Your project team will be with you during your implementation and will mark all problems or issues in our project management tool, with regular meetings being held with you to tack progress and remediate potential problems as they occur. Following the go -live of your instance, you will have continuing support from your Customer Success Manager (CSM). In addition, we offer opportunities for ongoing training throughout the life of your contract. Customers have access to First Due support 24/7/365 via the Knowledge Base and ticket center. You can submit a ticket at any time. Customers also have access to phone, email, and in the future, live chat. Once a support request or ticket is received, First Due triages items by the colors Red, Yellow and Green. Red or Critical items are viewed as issues that impact our client's ability to respond to an emergency. Response to these issues is immediate with resolution within hours. Yellow relates to Urgent items that are investigated immediately and are typically resolved within a day. Green problems are typically lower -level user issues such as Password resets, and other account -based questions. These are typically responded to and resolved within a day. Training Planning First Due believes training is essential to a successful rollout. We offer custornized training content, online sessions and on-site training depending on the customer's needs. First Due's Head of Training will help plan and execute the training for each module. As part of the implementation, each Agency will receive training as outlined below- • Administrator training during implementation check-in call • Online training during project kick-off • Online train -the -trainer sessions during optimization stage • Access to online training videos documents, and content • Additional training over and above this Is available for an extra charge. www.firstd ue com 1 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMH66EVE92D6ZQTHRI RG3QQULOS Da N3ot: sf';)r ,)t Roc7rC dw:e - Soft%var f(7r Reu,,,r(l; !Iv/I,:f Wl It_[T;erl Systern Our robust training program ensures users at all levels are comfortable using First Due. During your training, you'll learn how to: • Access the system, both via web and mobile platforms. • Successfully document pre -I ncident plan information • Properly document hazardous materials requirements, quantities, and storage locations. • Create and use inspection and permits. • Schedule time related activities. • Track time -related activities. • Create and use the invoicing feature. • Configure and manage the reports module. • Configure and manage users and roles • And more Your comfort and understanding of your First Due platform is critical to us. Follow-up and clarifying training is available upon request from our Client Success team. We can also offer recommendations for real-life best practices and software optimization during your contract. �-�•, irS�. t_, L-, tai?C, C i "y w 1! I ww.#irstdue.com . . . -,. ., . - .. Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRIRG30QULQS F@fiirstdue First Due Quote 107 Seventh St Prepared ay- Justin KeNy Garden City, NY 11530, United States va1+d until: Quote Number 1 54 5 1 3 200 0 1 0 748816 0 CONFIDENTIAL Iowa City Fire Department (IA) We are excited to present pricing for the First Due Suite, Please see below detailed breakdown. It is important to note that First Due is a cloud -based system, and all Support, Maintenance, Hosting and Upgrades are ALWAYS INCLUDED. I First Due • , Description Occupancy Management & Pre -Incident Planning $ 4,200-00 Manage Occupancies, Hydrants, Pre -Incident Mapping, GIS data, Fire Systems, Hazardous Material, and Contacts. Responder $ 3,740.00 Web Responder dashboard and Responder iOS/Android App with notifications, statusing and routing. Hydrant Management - Advanced $ 3,000.00 Manage Hydrants including hydrants visible on pre -plan & response map, hydrant list, hydrant types, hydrant uploads, ArcGIS hydrant layers, hydrant setup, hydrant service checklist, data management, mapping, service inspections, hydrant flow test and reporting. Inspections $ 5550.00 Field Inspections, Configurable Checklists, Violation Management, Virtual Inspections, Inspections Scheduler, and Integrated Pre -Incident Planning. Incident Reporting - NFIRS $ 4,050.00 NFIRS incident Documentation, State and Federal Compliance with automated submission. Incident Reporting - ePCR $ 8,100.00 ePCR Incident Documentation, State and Federal Compliance with automated submission, Scheduling $ 3,800.00 Manage staff schedules with an interactive shift board, configurable call shifts module, messaging, time -off and shift trades. Personnel Management $ 500 00 Store, Manage and Access Employee Records including demographic data, certifications and employment information. Events & Activities $ 650.00 Create Events, View Global Activity Log, and Access Global Calendar. Assets & Inventory $ 3,000.00 Assets, equipment and inventory management, assets and equipment checks, and work order management. Community Connect $ 5,550,00 Online portal for residents and businesses to input critical occupant and property data that can be made available to Emergency Response Agencies during an incident. CAD Integration $ 1.,000.00 Automated importing of CAD calls via XML, Database Connector, or API Implementation and Configuration Services $ 2,200.00 Services related to configuring and customizing the First Due Platform as described in the Statement of Work One -Time Subtotal $ 2.200.00 Subscription Subtotal $ 43,100.00 Total Year 1 $ 45.300.00 Terms and Conditions Total Year 1: $ 45,300.00 TOW Year 2: $ 45,255.00 Total Year 3: $ 47,518 00 Total Year 4: $ 49,894,00 Total Year 5: $ 52,388.00 Document ID: 2AB7F2F4-Q80S 5 -Year Grand Total $240,355.00 First Due standard payment terms: The above -listed Total Year 1 will be invoiced on or around the Subscription Start date as defined in the Agreement. For subsequent annual periods. the Service fees are due and payable annually in advance. Locality Media reserves the right to increase Customer's renewal Service fees by no more than 5% per annum, applied to the Service fees set forth in the previous term. Payment terms Net 30 clays. CONFIDENTIAL Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRI RG3QQULOS ® DATEt (VWCiC"'Cfr) CERTIFICATE OF LIABILITY INSURANCE 01/13/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEG.ATP)ELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING I ISURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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C., Lrvr u Pwuwx• w aw u� ur w u.e xwarw. r.0 eW n caPx � H,,,,�„ 1 . Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRI RG3000LOS 0 F-rD first due Implementation Methodology Your entire operation. One platform. n in www.fiirstdue.com Zoho Sign Document ID: 2AB7F2F4-080SIGRU189KRONHOMHB6EVE92D6ZQTHR1RG3QQULOS40 / ♦ �^ * • J v, At First Due, we understand deploying new software can feel overwhelming for you and your team. We will work together to make sure the go -live process is seamless and to ensure the project plan reflects the goals, timelines, and priorities of your agency. Your First Due team includes dedicated experts in implementation, Client Success, Training, and Support. Account Executive Your Account Executive stays with you for the life of your contract. They understand your biggest goals and concerns and will serve as your first advocate to help make sure that your work with First Due is moving in the right direction. Implementation Manager Your Implementation Manager gets you started with First Due. They will start their relationship with you by gathering information from your Account Executive, your Client Success Manager, and your team directly. Your Implementation Manager will be your go -to person for legacy data imports and will help you efficiently and securely move this data into First Due. They'll use their extensive project management, tech, and public safety experience to bring your First Due instance to fruition. Client Success Manager Your Client Success Manager (CSM) loins your team when you come aboard with First Due. Every First Due CSM is a current part-time or former firefighter, EMT, or PIO with on-the-job experience working in public safety. You will always have a dedicated CSM for your agency - someone who knows you on a first -name basis, who knows the ins and outs of your agency, and is on speed dial for you. Your CSM is your advocate for what is most important to you as First Due continues to develop new features to serve you. www.firstdue com Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRI RG3QQULOS �i Technical Implementation Specialist Your Technical Implementation Specialist is assigned to manage your data migration from your current vendor to First Due and your CAD integration with the First Due platform. The First Due Technical Implementation Specialist team comes from a diverse background ranging from database management to public safety software integration. Your agency's specific needs and workflows will dictate how your Technical Implementation Specialist will work with your crew to sustain successful integrations and best -in -class data continuity between platforms. First Due Training Team Your Trainers will ensure that your team is ready to use the First Due platform. Staffed entirely by experienced instructors from the Fire & EMS service, First Due's training team works with each agency to customize the right training plan to meet your needs. From hands-on group training to one-on-one sessions, education is central to working with First Due. In addition to training, you'll have access to local First Due Command Summit events, led by your regional First Due trainers. During our Command Summits, First Due agencies in a geographic area meet in person to check out the latest from First Due, exchange strategies, and create a unified approach to mutual and automatic aid. Support Engineering Team First Due approaches user support as a responsibility of the entire organization, with a large team fully focused on technical support. First Due's support team is trained to address severity and scope immediately upon notification of a problem and route it accordingly. This unique support philosophy cuts out unnecessary back and forth to route issues directly to the specific individuals who can ensure prompt resolution, including company and product executives when necessary. You We need your help to make sure your First Due experience exceeds your expectations from day one. Have a pont person or team from your agency appointed and ready to get vour First Due relationship on the right track. www.firstdue.com Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZOTHRIRG3000LOS 3 *. 02 04 06 CONFIGURATION OPTIMIZATION Go -Live 01 03 05 07 DISCOVERY DATA TRAINING SUPPORT & PLANNING MIGRATION Phase 1: Discovery & Planning We'll start your implementation with thorough discovery and planning activities, designed to make sure everyone understands what will happen and when it will occur. We'll review the materials and milestones needed to make your First Due go -live a success. We will work together to map out the key components of your First Due instance, identify your stakeholders, and create project timelines and deliverable maps. During Discovery and Planning, we'll also identify any product or service gaps and the steps we'll take together to make sure these gaps are addressed. During Discovery & Planning, your First Due Implementation Manager will host an Implementation Kick Off Session. During this virtual meeting, your team and First Due will: • Establish your internal Implementation team and host introductions • Identify the proposed project timeline • Gather workbooks and other resources that support data migration • Identify the scope of the project - what will be launched during your initial implementation, and the wish list for future projects. • Answer any questions you might have about the implementation process Phase 2: Configuration In this phase, our team will work with you to configure all the parts of the First Due application necessary for your go -live and beyond. These virtual configuration sessions will generally occur weekly_ During your configuration sessions, we will: • Review project updates and task completion • Collaborate on configuration requirements www firstdue.corn Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS • Highlight the essential functions and best practices for each module • Teach step-by-step instructions on the software - everything from how to create users to how to build occupancies, develop inspection checklists, and more • Review our client Knowledge Base for continuous application training & support F Phase 3: Data Migration First Due understands the importance of safe, secure, and organized data migration. We have extensive experience importing historical records into the platform. First Due will migrate applicable data from your existing systems utilizing data migration best practices. During your Data Migration Planning Session, we will: • Identify and prioritize data that is most important to your agency • Determine the best export and import methods based on your priorities and legacy data vendor • Walk you through the phases of importing data 1. Data Migration 0 Planning 4. Import workbooks or creating custom scripts es Phase 4: Optimization IMI, 2. Extracting data tl from existing systems IMI S. Completing Data WVf Import into First Due 1=11 3. Mapping r uQ extracted data Once your agency is initially configured, we will work with you to identify a pilot testing group made up of your team members to begin using First Due in the field. This is an iterative process in which we listen to feedback from you and your team and can adjust your instance of First Due as needed. During your Pilot Testing Session, we will: • Identify pilot testing team members per module • Identify testing protocols per module • Identify feedback communication methods • Make edits, updates & configuration changes www.firstdue com Zoho Sign Document ID: 2AB7F2F4-080SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS 1 fr� Phase 5: Training First Due embraces the Fire and EMS service commitment to training and continuous acquisition of new skillsets and competencies. First Due is focused on providing your agency with a quality training experience throughout implementation and beyond for end users start their journey to becoming a First Due expert from the moment of adoption. The First Due training philosophy is constructed to adapt to the unique needs of your agency. We follow a tested playbook to ensure agencies are ready from go -live day to not only function within but innovate through First Due's software. WEBINARS Go -Live Training Plan ©a VIDEOS ONSITE TRAINING • Online Webinars: Customized 1:1 training webinars tailored for your software selection and/or for any level of user. • Recurring Webinars: Weekly recurring function -specific group webinar training with First Due users from around North America. • Train -the -Trainer: Teach your project leadership to model First Due success within your organization • Onsite Training: If included within your First Due contract, our training team will come to you equipped with a highly customized curriculum built for mission -critical success at your agency. Onsite sessions can be custom-built with specific attention or classes developed for users of any level or responsibility, • Knowledge Base & Resource Library: All First Due users have day one access to a through collection of online training videos, documents, and FAQs through our Knowledge Base. Continuing Education �1 Monthly Release Notes C) New Feature Webinars Q Daily Training Webinars • Regional Command Summits 8 Refresher courses for your team www.firstclue corn Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1RG3000LOS 't.. a • 0 Go -Live We are going live! After training is complete, we are ready to fully roll out the First Due platform to your agency. We will work closely with you to ensure First Due is launched successfully. During your Go Live session, we will: • Identify any future milestone dates • Identify any outstanding risks and actions to mitigate • Introduce First Due Support Representatives • Overview & expectations when transitioning to Support 0 Phase 7: Product Support The First Due Support Center provides you and your team with comprehensive product support. Product questions, requests, or issues are routed immediately to the appropriate team. Your Support organization includes: Client Success Manager Contact J Access to the First Due Knowledge Base 0 24/7 Client Web Based Support Portal it: 24/7 Phone Support Desk @ Email Support www firstdue corn Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMH66EVE92D6ZQTHRIRG30QULOS Your success with First Due is at the core of what we do. First Due takes a consultative approach to your agency's use of our platform. As your needs change and the capabilities of the First Due platform grow, you can count on your Client Success Manager as a trusted adviser and internal advocate to solve your biggest software challenges. At First Due, we pride ourselves on building a platform you can always rely on. We build our platform alongside our customers. As public safety expands, we are on a relentless mission to shape and mold our platform to solve new challenges. Client Success Resources Regular 1;1 Planning & Growth Sessions Access to National & Regional User Groups !=. Online Training Videos and FAQs 4 Access to the First Due Knowledge Base U New Feature Announcements 0 Interactive Webinars r Beta Testing Forums Your entire operation. One platform. www.f i rstdue coni Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRI RG3000L0 [-r-3 first d u e Infrastructure & Security Your entire operation. One platform. 1 ® in https://www.firstdue.com Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRI RG3QQULOS INFRASTRUCTURE & SECURITY F,--) first due � www.firsidue.com ►401 INFRASTRUCTURE Technology Architecture First Due is a multi -tenant cloud software platform - meaning that every customer experiences the highest levels of security. Individual account data is segregated at the database level, so your data is never accessible to anyone outside of your organization. First Due also manages all the infrastructure, hosting, maintenance, upgrades/updates and support. All you need to do is log in to First Due via your browser! Quick Facts: Hosting & Database: • AWS Hosting • PostgreSQL Coding Languages. • PHP • Javascript • HTML5 • CSS3 Backend Operating System: • Linux OS Network Requirements First Due is designed for efficiency and use out in the field. Any broadband or DSL connection will be more than enough to operate the First Due product. First Due is also transitioning some modules to progressive Web technology, which allows for offline access within the browser. Suggested Connectivity Requirements LOW RECOMMENDED 2s0XBs LOW RECOMMENDED 75OX65 Platform Uptime First Due utilizes industry-leading database replication, redundancy, and disaster recovery tools to ensure industry - standard availability for our customers. First Due guarantees 99.9% uptime throughout the United States and Canada, not including scheduled downtime and maintenance. Partner Integrations First Due has a flexible AN and multiple integration methods to push and pull data to/from any system. We have experience integrating with hundreds of products, from CAD providers to payroll systems to county assessors. If we do not have a standard out -of -the box integration for the solution you need, our implementation team will work with your agency to scope out exactly what data needs to be integrated and collaborate on the best, easiest, and most efficient integration method. Some integration method examples we use include: • XML/JSON/CSV connectors to push or pull data via SFTP • Executable based connectors installed on client side to pull data on a frequency • Email or notification -based integration • Out -of -the box connectors to multiple cloud and on -premise applications • REST API operating over https and using 1SON • Esri AcrGIS rest service Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRIRG3OOULOS (0 INFRASTRUCTURE & SECURITY 1@ firSt We www. firstdue. com ACCESS Single Sign -On Updates & Customizations First Due is compatible with a number of Single Sign -on providers, including Microsoft Active Directory and Okta. Application Access First Due is a Web -based system, which means you do not have to download any software to use it. Customers can use their Web browser of choice to access First Due, including Chrome, Safari, Firefox or Edge. First Due is mobile - responsive and can also be accessed via Web browsers on mobile devices. We also offer a dedicated mobile app for iOS and Android, compatible with all actively supported versions of their respective operating systems. IN Play Store App Store Web Module Access All modules in First Due are on a single platform, which means customers access all features in the system from a single user interface and single login. Not only does this make your work more efficient, but it also leads to total data interoperability. Information from one module lives in the same database as your other subscribed modules, eliminating the need for manual data duplication. For example, information from Fire Inspections or Pre -Plans can automatically populate property data in an incident report without the need for double data entry. You'll never need to worry about stressful upgrades and updates again, because every customer is automatically using the latest version of First Due. Customer -specific customizations and integrations are supported through every update to the First Due platform. Customers are always informed of new features and have the choice whether to turn them on or not. Your First Due Client Success Manager will work closely with you to ensure you are using the platform in the most effective way throughout your First Due journey. Zoho Sign Document ID 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRI RG3QQULOS INFRASTRUCTURE & SECURITY GENERAL SECURITY --- Password Security Data security is crucial to what we do. Accounts are password protected with strong encryption and industry - standard password protection mechanisms. First Due uses hashed passwords with built-in sales and First Due web servers are configured to not support weak protocols and cyphers. Data Transmission All transmissions within the First Due platform utilize a secure HTTP connection (HTTPS) and TSL certificates to mitigate malicious activity and ensure users can trust First Due web domains. All First Due data is encrypted in transit and at rest using Transport Layer Security (TLS) and Forward Secrecy (FS) using AES. Account Ecosystem Customer data is protected in a closed account ecosystem down to the user and role level. Audit logs for user access and activities are kept and workflow can be generated to alert a customer of potential suspicious access to data. No access is provided without user credentials, which are managed by the customer. Back -end System Security First Due relies on a secure server environment that can only be accessed from First Due's internal Local Area Network (LAN), rather than a publicly facing Wide Area Network (WAN) such as the general Internet. Permissioning Individual user profiles within the First Due ecosystem can be configured with distinct capabilities, allowing or restricting specific functions, datasets, or capabilities. For example, administrators can grant Command Staff with permissions to access sensitive personnel information while general firefighters will not have this ability. I-7 first due www.firstdue.corn Firewalls First Due can accommodate customer firewalls to encourage access to the First Due platform only from allowed devices or networks as an end-user side -security measure. IP Whitelisting Users of First Due can take advantage of secure internal networks through whitelisting specific IPs known to originate from their agency. Security practices preventing access to these networks from non -authorized devices ensure that only authorized users can access First Due. MAC Address Whitelisting First Due -enabled agencies can implement additional security features such as MAC address whitelisting to restrict user log -in from prohibited devices like personal cell phones, personal computers, or publicly available machines. These mechanisms encourage users to maintain security best practices by using agency -provided devices. User Training & Best Practices As part of First Due onboarding, we offer end-user security training to reinforce security protocols and mitigate potential threats. Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRI RSGG3QQULOS �eyr 1 www.firstdue.com0 INFRASTRUCTURE & SECURITY DATA CENTER SECURITY AWS First Due uses Amazon Web Services (AWS) as its cloud hosting provider. AWS is the most trusted cloud service provider in the world, powering hundreds of thousands of business and consumer applications, millions of businesses, and billions of requests per hour. It's estimated that more than one third of the worldwide internet runs on AWS. Data Sovereignty All data originating in the United States stays within the United States. Similarly, accommodations can be made so that all database access and requests made within Canada stay in Canada. The global reach of AWS allows us to limit data transmission to a specific geographic region based on customer preference and government obligations, AWS Physical Safety Protocols AWS data centers are industry leaders in physical security. From site selection to on -premises security practices, Amazon invests heavily in strategies to plan for and mitigate potential threats. They are world-class leaders in designing, implementing, and testing controls to ensure systems, technology, and people are protected from malicious actions. As First Due customers, your data is protected at this exceptional level. To read more on Amazon's physical access procedures, please visit: t;ttps://aws.amazon.cc)m/compliance/data-center/controls/. AWS Digital Safety Protocols Similar to industry-leading physical security standards, AWS's digital security and threat protection features support some of the most sensitive cloud applications in the world, Automated security controls, AWS shield managed DOOS protection, automated tools to prevent human error and vulnerabilities, and powerful data controls prevent criminal activity, data breaches, or disruptions to service. To read more on Amazon's digital security features and procedures, please visit: https://aws.amazon.comisecurity EMIM Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRIRG3QQULOS INFRASTRUCTURE & SECURITY f -F) stdue www.firstdue.com �'4 DATA PROTECTION & UPTIME Database Redundancy In the fire service, every minute counts, and data should always be ready and available at your fingertips. First Due follows backup, disaster recovery and redundancy best practices. This includes database replication in primary and secondary hosting, redundant servers, and load balancing. Your data will be available where and when you need it. Disaster Recovery & Back -Ups Data back-ups are kept offsite, and industry best practice redundancy and disaster recovery mechanisms are always utilized, including a PostgreSQL DB running on mirrored/RAIDI drives with three daily backups to remote offsite locations and standby servers to quickly fail -over during disaster situations. Customer Data All data in your First Due account is yours and you can access it at any time. Our flexible user interface provides multiple methods to extract data, including ad-hoc reporting and a sophisticated ArcGIS integration. Need to have your data pushed to a data warehouse for your own onsite analysis? No problem. First Due can work with you to provide automatic data pushes in different forms so you can configure it with your own tools Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZOTHR1RG3000LOS FIRE & EMS SOFTWARE IS BROKEN As times change, keeping with the demands of modern firefighting and response is more important than ever. From Pre -Incident Planning to Response and Incident Reporting, Fire and EMS agencies nationwide struggle to effectively manage their day-to- day operations in a single platform. BROKEN SOFTWARE HAS REAL-WORLD I M PACT _`X NO TRUE SINGLE PLATFORM No software platform effectively manages everything your agency needs across prevention, response, incident reporting, assets, and personnel. �- OUTDATED LTJ TECHNOLOGY Many of the current platforms are built using legacy technology and do not take advantage of modern cloud software benefits such as upgrades and flexibility. LACK OF INNOVATION As a result, agencies are often locked into older software versions and do not receive the kind of feature innovation that is required in ever-changing times. NOT RESPONDER FOCUSED Most platforms are focused on compliance and records management, not on ensuring first responders have the information they need at the time of dispatch. DIFFICULT COLLABORATION Accessing data and information is a struggle for your own agency, let alone for cross -agency or jurisdiction collaborations - pre, during and post incident. FIRST DUE 03 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS WE'RE CHANGING THE WAY FIRE & EMS SOFTWARE WORKS An end-to-end solution, born in the cloud, built to run your entire operation in one place. ACCESS & SHARE INFORMATION ANYWHERE, ANYTIME Access First Due on any device and achieve true interoperability across borders and agencies. WHAT MAKES FIRST DUE DIFFERENT? 0 ORE INMENT PLANNING tssE Ts S. iwENTORr' SCHEDUUNG a & PERSONNEL MO&LE RES P'DNDC R NFIRS 0 Any Operating System '• :w /1 1711) AUTOMATIC & MUTUAL AID C) POLICE ONE CLOUD -BASED PLATFORM ■ OEM 0 AGGRESSIVE INNOVATION 40 CONMRA lT� CONNECT FWE PREVENTION 19 .rcR Any Device L a•.S3►at'� 1:11 DISPATCH <i> ;�5 HOUSTIC TEAM VISION & CULTURE FIRST DUE 04 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG30QULOS Pre -incident Planning Re -imagining Emergency Preparedness EVERY STRUCTURE Automatically aggregate critical information on every structure in your response area so you have pre -plans on every structure within weeks with no effort from your team. �© Assessor �. Building department Fire prevention (� GIS �r Open data Social media PRE -PLAN IN MINUTES Easily collect critical occupancy and geospatial data in the field with a best -in -class data collection and mapping platform. Intuitive to use, and available on any device for pre -planning in minutes. ri Gn 0 A v www firstdue Corn products,'prei ncidentplanning NFPA and custom map narkers Building system and structural information Critical systems, such as alarm panels, shutoffs, and fire systems Hazardous material Attachments, such as policies and plans Multi -building and multi-level support Any device FIRST DUE /PRE -INCIDENT PLANNING 05 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRUI89KRONHOMHB6EVE92D6ZQTHRI RG3000LOS ANALYZE & MANAGE Take control of your response area with the ability to assign and schedule pre -plans, analyze inspection history, and gain better insights to risk in your response area, ensuring the best ISO score possible. Occupancy Organizer for every structure. Filter and search occupancies based IPT on any factor. Assign pre -plans with due dates to individuals, shifts, stations, etc. Manage workflow for submitting and approving pre -plans. RESPOND Instantly access critical structure and occupant data at the time of response on any device tied directly to CAD. Receive notifications and access pre -plans, status, route, and manage incidents in just seconds. Instant occupancy dashboard available at the time of dispatch Lo Notifications OEasy -to -view responder pre -plan dashboard & Statusing W_ aKD Route to the scene C) Integration with your Mobile Response Platform FIRST DUE /PRE -INCIDENT PLANNING 06 Zoho Sign Document ID: 2AB7F2F4-080SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS Fire Prevention Re -imagining Inspections NEXT -GEN INSPECTIONS Complete any type of inspection with intuitive, flexible design with fullly integrated pre -planning for company -level inspections. 0 Intuitive, flexible Integrated Mobile J checklists Q codes �� responsive VIRTUAL COMMUNITY RISK REDUCTION Do more with less by completing inspections virtually and working directly with business owners and the community to provide critical information, complete applications, and even complete re -inspections. Z Virtual nspections r1 .1 L i WWW t fstdUe.. !productsifirepreve nnr., Integrated best- of-dreed pre- planning aAutomated re -inspections FZ Apple for permits j$ Collaborate with businesses and residents FIRST DUE /FIRE PREVENTION 07 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS ENTERPRISE MANAGEMENT From small agencies to large enterprises, we've got you covered with code management, checklist customization, and end-to-end invoicing and billing. Code management tools Checklist configuration 5 Automated invoicing Sophisticated reporting Bridge the gap between Prevention and Operations by making sure everyone has the critical building and Occupant data they need to stay safe. Data on every structure, including residential Tied to CAD [:,) Mobile Responder App �h Quick -read format with Alert Tiles FIRST DUE /FERE PREVENTION 0 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRI RG3QQULOS Community Connect End -to -End Community Engagement for Public Safety ENGAGE RESIDENTS Give residents & business owners a Powerful online portal to build life saftey profiles and an out-of-the-box online marketing presence to get them there. tLOccupants & contacts • Access & fun,ctiona! needs Access and utilities �p Pets & livestock 121 Critical building Information COVID 19 self reporting/test distribution FAST AND EASY Five minutes to a complete Community Connect profile from start to finish. COMPLIANT & SECURE Safe &secured with bank level encryption & HIPAA compliance. xnw h, ;tdue.com 1pfodurtV Community Connert CUSTOMIZABLE Turn on or off Information collection buckets for your specific needs. LAUNCH ON DAY 1 Your own print & media assets - 1: 1 ssets.1:1 help from Community Connect experts. FIRST DUE/ COMMUNITY CONNECT 09 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS ENGAGE BUSINESSES Engage directly with your commercial buildings, schools, universities, and other target hazards. Enable them to provide critical emergency -related information and collaborate with your agency before, during, and after an incident. f3Emergency plans Access and utilities Critical building information Ak Vulnerable staff/employees/residents AUTOMATE WORKFLOWS Take your paper-based and manual processes and completely automate them by allowing residents and businesses to apply, be notified and pay for services directly through the Community Conned Portal. #0 BURN SMOKE V PERMITTING n+ DETECTOR KNOX BOX RE -INSPECTIONS ! AND MORE INSTALLS INFORMATION WHEN IT MATTERS Respond with Community Connect information during an emergency & use data for analysis during a major event. 0 DASHBOARD C} RESPONSE Instant visual dashboard tom• Routing to the scene, at the time of dispatch. notifications. and statusing. PQ ANALYSIS Compatible with Esri ArcGIS for a top-down view of your residents. FIRST DUE f COMMUNITY CONNECT 10 Contact information eFire systems AHazardous material Access and utilities Critical building information Ak Vulnerable staff/employees/residents AUTOMATE WORKFLOWS Take your paper-based and manual processes and completely automate them by allowing residents and businesses to apply, be notified and pay for services directly through the Community Conned Portal. #0 BURN SMOKE V PERMITTING n+ DETECTOR KNOX BOX RE -INSPECTIONS ! AND MORE INSTALLS INFORMATION WHEN IT MATTERS Respond with Community Connect information during an emergency & use data for analysis during a major event. 0 DASHBOARD C} RESPONSE Instant visual dashboard tom• Routing to the scene, at the time of dispatch. notifications. and statusing. PQ ANALYSIS Compatible with Esri ArcGIS for a top-down view of your residents. FIRST DUE f COMMUNITY CONNECT 10 Zoho Sign Document ID: 2AB7F2F4-Q803IGRU189KRONHOMHB6EVE92D6ZQTHRIRG3QQULOS � obile Responder � �. [m] Re -imagining Information�°°� at the Time of Dispatch•• www.firstdue [urn o+educts% mobilerLwand er 7114 � �O_ Complete mobile response functionality allows you to be notified, status, and route to an incident. Notifications Statusing 14* Live chat .9 Routing Live unit tracking M Flexible maps ACCESS Access critical information on every building at the time oi'dispatch. From map markers to alert tiles, data is easy to consume quickly. 11 Pre -plan maps LEn Responder dashboard 71 Data on every structure FIRST DUE / MOBILE RESPONDER 11 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS Ensure all of your mutual aid agencies, police, and OEM are all operating from the same playbook with easy sharing of pre -pians, ' Share pre -plan data Cross -agency collaboration Live tactical mapping .:MEN_ P FEM Respond and access critical information on any device in seconds. fx aft$ ISI Android Web aIKOrOROLA SOLLMONS FIRST DUE I MOBILE RESPONDER 12 Zoho Sign Document ID' 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRIRG3QQULOS NFIRS Re -imagining Records Management NEXT -GEN INCIDENT REPORTING Document fire & EMS responses with fully scalable, NFIRS, NFORS and ePCR compliant reporting system designed for ease of use by field responders. I' intuitive responder -focused workflow Cp Mobile responsive on any device Fully scalable for all incident sizes Fully integrated single report across ePCR and NFIRS AUTOMATION pt, Incident documentation that requires a fraction of the time with automatically pre -filled property, patient, dispatch, asset, personnel, and open data. ....................., first due <...................... FIRST DUE /NFIRS 13 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU)89KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS COMPLIANCE Fullfil) your Incident Reporting requirements at the state and federal level with automated uploads to necessary regulatory agencies. ® AND MORE SOPHISTICATED REPORTING Sophisticated reporting to see every high level and granular detail within your organization, ensuring compliance for accreditation & ISO standards. ® Detailed compliance I, Comprehensive breakdown T incident type analysis Analyze user activity across functions FIRST DUE JNFIRS 14 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1RG3QQULOS ePC Re -imagine Electronic Patient Care Reporting NEMSIS COMPLAINT NEXT GEN EPCR Fulfill any NEMSIS Data Collect 3.4 requirement with expansive enterprise functionality. Fulfill Any Compliance Requirement Statewide Countywide Multi -agency ww,,Y-. s'due.com/pr.oduc,sieper Expansive Enterprise ePCR Functionality e, Configurable print reporting 1h Integrated with other First Due modules () Easy to use audit trail HIGHLY CONFIGURABLE Easily add or remove values and groups on the fly, in the field at any time on any device. Easy updates to ever-changing compliance Custom element builders t4 Custom values for NEMSIS questions T�j Custom vitals groups FIRST DUE /ePCR 15 Zoho Sign Document ID2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRIRG3000LOS NEXT -GEN FUNCTIONALITY Meet the ever-changing needs of EMS with next - gen features and functionality. Connected Device Integrations Seamlessly Accessible on Any Device ® EKG 45 iOS e Connected vehicles Android Q In -the field drivers licence scanning ■ ,Vol Web AUTOMATION Harness the power of automaton to save time and elim+nate data cgapswithin your organization and with partners. Seamlessy Integrate with other First Due modules. Effortlessly exchange data with Healthcare Providers. FIRST DUE i'ePCP 16 Zoho Sign Document ID: 2AB7F2F4-080SIGRU189KRONHOMHB6EVE92D6ZQTHRI RG3000LOS Scheduling &Personnel Re -imagining Staff Management IMPROVED SCHEDULING Schedule personnel with a single drag & drop, utilizing a best -of -breed scheduling platform. !; Flexible Shift Board ,.� Apparatus staffing levels Trades 0 Time off and overtime AUTOMATION \'i WN.�'f SCi�l.e.COfn ,prod ,cts'scheduhngpersonreI The Scheduling Deputy will recognize vacancies and other required movements to maintain minimum staffing levels. to Vacancies M+ Recommend actions Show unassigned personnel FIRST DUE /SCHEDULING & PERSONNEL 17 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1RG3QQULOS COMPLIANCE Fulfill union and department. requirements with this all-inclusive scheduling solution. ® Full ad-hoc reporting R, Payroll exporting `$ Data export fA Time off and Trade monitors ENTERPRISE MANAGEMENT From small agencies to large enterprises, we've got you covered with comprehensive data capture and end-to-end scheduling, Any shift type and any rotation. 0 On Universally accessible overtime paging, time off requests, and approvals. 0 Automation and integration with CAD, Incident Reporting, and more. FIRST DUE /SCHEDULING & PERSONNEL 1 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRIRG30QULOS Assets & Inventory TLa Re -imagining Vehicle &'r Equipment Management www-firstdue.cory products assetssnventory ENHANCED ASSET MANAGEMENT Next -level asset management to accurately understand and assign apparatus, equipment and inventory. :i Heads -up dashboard ►N Live fleet management CP System logging 0 Seamlessly integrated NEXT -GEN ASSET CHECKS Use powerfully intuitive customizations to bridge the gap In vehicle Checks. FIRST DUE /ASSETS & INVENTORY MANAGEMENT 19 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRIRG3QQULOS WORK ORDER MANAGEMENT Easy drag -and -drop work order management to stay on top of statuses & progress.. m Kanban -style work -order- management Configurable work -order flows A ZI Detailed work -order histories ElOn -the -fly work order creation CONNECTED VEHICLE AUTOMATION Leverage emerging IT capabilities in your apparatuses to aut0rT1a(U critical areas of the vehicle management process. Have apparatuses communicate automatically with First Due to monitor status, health, and hazards. Odometer readings O PTO hours I Engine hours MMI Pump aerial hours I �= Warning Lights I � FIRST DUE !ASSETS A INVENTORY MANAGEMENT 20 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS c. U ITY -%V-- 'A C' 0! 1 Y U -IF fly V 9E 15 C 0 C IFTY 1 -0 FL I TIT RAT U K E Event Information Number: RFP23-12 Addendum 1 T'itle: Enterprise Software for Records Management System Type: Request for Proposal Issue Date: 1/5/2023 Deadline: 1/2612023 02:30 PM (CT) Notes: The City of Iowa City is seeking proposals from qualified and experienced vendors to provide: Enterprise Software for the City of Iowa City Fire Department Records Management System Questions: All questions and clarifications regarding this Request for Proposal will be accepted until January 18, 2023 noon (CST) by submitting Your questions through [on Wave, All questions must be in writing in order to receive a response. Page I of 13 pages Vendor: Pirst Due PFP23-12 Addendum 1 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRIRG3QQULOS Contact Information Contact: Theresa Vanatter Address: 410 E Washington St IOWA CITY, IA 52240-4525 Page 2 of 13 pages Vendor: Fust Due RFP23-12 Addendum 1 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRIRG3000LOS By submitting your response, you certify that you are authorized to represent and bind your company, Rachael Paul -Heinz Signature Submitted at 1/22/2023 09:29:45 AIVI (CT) Reauested Attachments Wage Theft Policy General Terms and Conditions Exceptions Upload only if you have exceptions Proposal Bid Attributes rachael@firstdue.com Email Wage Theft Policy_Complete.pdf Iowa City RFP -Contract Exceptions.docx Iowa City RFP - First Due Response.pdf No Contact Policy Code of Silence: No City Representative other than the contact listed. under Bid Contact information should be contacted regarding this Request for Proposal beginning with the issue date of the Request for Proposal and ending with the issuance of the Purchase Order. Any contact *' initiated by the vendor or by a City representative, other than the Purchasing Division representative listed herein, concerning this Request for Proposal is strictly prohibited. Any such unauthorized contact may cause the disqualification of the vendor from the procurement transaction. ❑ I have read, understand, and agree to these terms. (I have read, understand, and agree to these terms.) Page 3 of 13 pages Vendor. -first Due RFP23-12 Addendum 1 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRlRG3QQULOS Scope of Work The Iowa City Fire Department is seeking qualified vendors to implement and provide an Enterprise Software Solution for the Fire Department Records Management System. ,;;,';l A. The solution must: 1. Have the capability to migrate all current data from Emergency Reporting and have established APIs with Vector Solutions and Vector Scheduling. 2. Be able to accept all incoming information from the current records management and dispatch solution Global Software, used by the Johnson County Emergency Communications Center. 3. Be compatible with City of Iowa City Esrf software including but no limited to communications via Rest services. 4. Must be able to integrate with Cin,/ of Iowa City security implementation including MS Azure or native MFA B. Data must: 1. Be MFA or ivfS Azure to grant access, Data no matter where it resides and no matter where the data is located must be MFA or MS Azure to grant access. C. Responding vendors must: 1. Have successful experiences with implementation in similar -sized fire agencies. 2. Offer a scalable solution to accommodate the future needs of the fire department. 3. Offer a full system implementation for the Iowa City Fire Department beginning on an agreed upon date, 4. Provide a demo site for further evaluation of the product. C. The records management systems must include: While this RFP has specific requirements, the Iowa City Fire Department is open to accepting bids from software vendors that will meet the needs of the Iowa City Fire Department outside of the traditional enterprise record management system environment. € have react and understand. (I have read and understand.) Page 4 of 13 pages Vendor: First Due RFP23-12 Addenduan 1 1. NFIRS Reporting, EPCR Reporting 2. Data analytics (both automated and customizable) 3, Pre -incident planning with the ability to enter live updates via mobile access 4. Quick access to pre -plans 5. Occupancy inspection, both desktop and mobile access 6. Events & activities 7. Training records, or the ability to integrate with Vector Solutions personnel records 8, Assets & inventory, to include daily digital checklists x 9. Hydrant records 10. maintenance records and requests, to include a process to send notification of requests 11, Scheduling, or ability to integrate with Vector Solutions Scheduler 12, Community risk reduction resources 13. Ability for community members to interact with data and update occupancy records 14. Ability to display up-to-date response data on display screens within the fire stations 15. Access to all of the modules through mobile platforms 16. Integration or connection to Esri system Mth limited to no manual interaction via scripts and/or services While this RFP has specific requirements, the Iowa City Fire Department is open to accepting bids from software vendors that will meet the needs of the Iowa City Fire Department outside of the traditional enterprise record management system environment. € have react and understand. (I have read and understand.) Page 4 of 13 pages Vendor: First Due RFP23-12 Addenduan 1 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS Proposal Requirements Documents required to be submitted with your proposal Pr000sals must be limited to a maximum of 70 pages. Pr000sals must contain information that is pertinent to this Request for Proposal and must not include superfluous general information or advertising. Section 1 - Letter of Summary: Summarize the key points of your proposal. Include the following: 1. The name, and contact information for tfie person(s) who will serve as the principal contact with the City. 2. A summary of the firm's understanding of the work. Highlight any features unique to the services and products offered to differentiate the proposal from competitor's proposals. 3. A signature of the person in your firm who is authorized to negotiate terms, render binding decisions, and commit the firm's resources. Section 2 — Firm Qualifications, Tell us about your team, provide or include 1. Provide a description of your company's qualifications, and resources as they relate to requirements of this Request for Proposal. 2. Provide resumes of all staff assigned to the project. Section 3 - Product Information and implementation time line Tell us how your product will meet our needs and when it will be installed, provide: 1. Product information detailing desirable features of your software. Take care to point out areas which fulfill specification requirements outlined in sections S and 5. 2, A scheduled time frame for completion of the project that vrould begin on a mutually agreed upon date. This should include a schedule describing the general work tasks and personnel assigned to the project. Identify the exact tasks, including system configuration and data migration, that the City of Iowa City and the proposer will perform andlor be responsible for in order to accomplish delivery and installation of the system in this time frame. Any task not specifically stated to be the responsibility of the city would be that of the Proposer. Section 1- Pricing Schedule: Outline your compensation expectations: 1. Provide an initial detailed itemized price schedule including milestones (payment points) with a not to exceed total including reimbursable expenses. The last milestone payment shall occur upon acceptance of the system. Upon award of the contract i the City will work ,with the successful proposer to define and agree upon major milestones for the lifecycle of the project. The City is not responsible for the vendor's failure to provide information and pricing on required items. In this instance the prices ' submitted will prevail as the proposal. The City shall have 60 days following the "go live" date for final acceptance the system. During this time, the system must perform without major interruption of services and in compliance with all representations made in Vendor's proposal. The final milestone payment wilt be withheld until final system acceptance. 2. Prices must also be completed in the line items section of this proposal. Vendor's submitted proposal must be organized in the sequence above. I have read and understand. (I have read and understand.) Page 5 of 13 pages Vendor: First Due RFP23-12 Addendum 1 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS Project Background The Imlia City Fire Department is currently utilizing Emergency Reporting for their record management systems. In the near future, the Emergency Reporting product will no longer be supported by it's new global owner and the Fire Department will be forced change to a new records rnanagernent system. Although Emergency Reporting has been adequate, recent research has shown there are `=t more powerful, consumer friendly products on the market. These new products have improved the accessibility of data, data collection tools, user experience, and connection vnth the community. The City of Iowa City Fire department is seeking a praposal that will incorporate some or all of these features. r=. I have read and understand these terms. (I have read and understand these terms.) 5 Specifications - Desired Features ' A. Desired Functionality and General System Requirements. The purpose of this RFP is to solicit proposals from software vendors, systems integrators, and/or implementation partners who can demonstrate that they possess the organizational, functional, and technical capabilities to provide an Enterprise Record Management System Software solution that meets the Iowa City Fire Department's needs. The ideal vendor must have experience in successfully implementing the proposed solution at cities or similar public agencies with similar requirements to the Iowa City Fre Department. The successful vendor will be responsible for the final approved design, installation, implementation, and commissioning of the Enterprise Records Management System, including development of user acceptance testing, system integration and connectivity to existing resources. I This solution will replace the Iowa City Fire Department's record management system (Emergency Reporting). The proposed solution must be able to support all specifications and requirements identified in this RFP. The Iowa City Fre Department is seeking a single vendor that will provide solution, implementation services, data conversion services, as well as training and support_ S. Records Management System Requirements 1) NFIRS Reporting, the software solution must have: 1. Customizable fields and questions 2. Customizable fields and questions which can be queried 3. The ability to make fields required 2) ePCR Reporting, the software solution must have: 1. Customizabfe fields and questions 2. Customizable fields and questions which can be queried 3. The ability to make fields required 31 Data Analytics. the software solution must have: 1. Customizable report generation 2. Scheduled report generation 3. The ability to display analytics data in a dashboard 4) Pre -Incident Planning 1. The ability to update pre -plans in the field with mobile devices 2. The ability to access pre-plaris with quick view details for incident commanders 5) Occupancy Inspection, the software solution must have: 1. The ability to perform mobile inspections both on-line and off-line 2. The ability to schedule inspections 3. The ability to see past inspection data, to include past violations or outstanding violations Page 6 of 13 pages Vendor: First Due PF -P23-12 Addendum 1 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS 4. The ability to integrate with Brycerl The Compliance Engine 6) Events & Activaties, the software solution must have 1. The ability to create customizable events and activities 2. The ability to create reports from the customizable event and activities 3. Training Records, or the ability to integrate with Vector Solutions 4. The ability to record training for all department personnel or, the ability to integrate with Vector 7) Personnel Records, the software solution must have: 1. The ability to record personal data 2. The ability to attach documents to personal profile 8) Assets & inventory 1. The ability to create assets and inventory reports 2. The ability to update assets and inventories through a mobile application • I 9) Hydrant Records, the software solution must have: 1. Maintenance Records and Requests 2. The ability to see previously entered requests and current status 3. The ability to send notification of maintenance requests 10) Scheduling, the software solution must have: 1. The ability to create and maintain a schedule of department members or, the ability to integrate with hector Solutions Scheduler 2. The ability to integrate schedule into NFIRS reporting and ePCR i 11) Community Risk Reduction, the software solution must have: 1. The ability to provide outreach to the community 2. The ability to provide a platform for community members' to enter data about their home or business } 3. Access for community members to see and interact with department response data 4. The ability to display up-to-date response data on display screens within the fire stations 5. Access to all modules through a mobile application. i 12) GIS f Esn, the soft,vare solution must have: 1. The ability to view, create and maintain items via GIS interface j 0 f have read and understand these terms. (I have read and understand these terms.) Page 7 of 13 pages Vendor f-irst Due RFP23-12 Addendum 1 zohoSign Document ID: zAa7p2F4-uaon|oRu|ooxRowHnMH1Ro3QOuLoS Specifications Additional Features A. Additional Features, the software Solution shall have: � I. Ahelp menu Z. Training 3. A toll-free technic -al support via phone ore -moo| - ; B. Interfaces. the software must interface with: ` 1. TaclO Global Bokma/ 2. Vector Solutions 3. Vector Scheduling v�- 4. arycer/The Compliance Engine 5. Esri F%_/1 ihave read and understand. (| have read and undenstandj PrOpOSG|R8quirerneOtS \ The vendor must beable mdemonstrate success with software compatibility through client references and ademonstration. |n | mddtion, the vendor must beable mprovide proof oytechnical exper6se, perform asuuoesshul implementation of tile proposed ���� system. provide mgo|ng and provide future uuppuu, which will include adoUicateg customer Success liaison. | M I have read and understand. (I have read and understand.) Page 8 of 13 pages Vendor: First Due RFP23-12 Addendurn I Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1 RG3QQULOS Training and implementation A. Implementation by the Awarded vendor Awarded vendor must offer a kick-off meeting and pre -installation analysis to ensure that the solution meets the Iowa City Fire Department's requirements. This pre -installation meeting should also be used to determine requirements for implementation, training, and database conversion. The results of this meeting should be used to provide an accurate timetable for total implementation in terms of time, and other variables. This will be presented for Iowa City Fire Department approval as the implementation plan. B. Acceptance The last milestone payment will occur upon acceptance of the system. Upon award of the contract the City will work with the successful proposer to define and agree upon major milestones for the lifecycle of the project. 1. The City must have 60 days following the "go live" date for final acceptance of the system. During this time, the system must perform without major interruption of services and in compliance with all representations made in vendor's proposal, The final milestone payment will be withheld until final system acceptance. The warranty period will not begin until final system acceptance. 2. Failure to perform during this period may result in cancellation of the Contract. The City may, in its discretion, elect to extend the acceptance period. In the event of dispute or discrepancy as to the functionality of any product or service, the City's decision shall prevail. The City agrees to pay only for authorized orders received up to the date of termination. if the Contract is terminated within the acceptance period, the City reserves the option to award the contract to the next proposer by mutual agreement with such proposer. The City will work with Vendor to define major milestones for the lifecycle of the project_ These milestones will be the payment points for the Vendor during the implementation. The City's project manager for the implementation will sign off on the milestones. Acceptance will be in writing from the Purchasing Division. 1. The City will have 60 days following the "go live" date for final acceptance the system. During this time, the system must perform without major interruption of services and in compliance with all representations made in Vendor's proposal. A final payment equal to 25% of the system cost will be withheld until final system acceptance. The warranty period will not begin until system acceptance. Acceptance will be in writing from the Purchasing Division. 2. Failure to perform during this period may result in cancellation of the Contract. The City may, in its discretion, elect to extend the acceptance period. in the event of dispute or discrepancy as to the functionality of any product or service, the City's decision shall prevail, The City agrees to pay only for authorized orders received up to the date of termination. If the Contract is terminated within the acceptance period, the City reserves the option to award the contract to the next proposer by mutual agreement with such proposer. I have read and understand. (I have read and understand.) Contract Term This contract shall be for the development, installation, testing and delivery, until the City has completed acceptance of the system. Following acceptance of the system, the initial licensing, maintenance, and support shall extend for a term of five yea.rs.The City may elect to renew this Contract for three (3) additional three (3) year terms upon expiration of the initial term. ® I have read and understand these terms. (I have read and understand these terms.) Page 9 of 13 pages Vendor. First Due PFP23-12 Addendum 3 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1RG3QQULOS Scoring Each proposal stands alone and will be evaluated on its own merits by an evaluation committee in terms of meeting the City's requirements and overall responsiveness to this Request for Proposal. Failure of the vendor to provide any information requested in this Request for Proposal may result in disqualification of the proposal and shall be the responsibility of the vendor. 'The proposal that accrues the highest point total based on a 150 -point scale shall be recommended for award subject to the best interests of the Cit/ of Iowa City. Each category shall receive a point value within the specified range based on how well the proposal meets or exceeds the City's requirements. Point category and assigned points Phase One 1. Compatibility with the City's desired functional and technical requirements - 50 2. Proposed implementation strategy and plan, including training - 15 3. Public sector experience, product longevity and staff qualifications - 10 4. Ongoing suppordCttstomer Semite - 5 5, Cost (both cost of project and 5 -year cost) - 15 6. Compatibility with the City's proposed contract terms and conditions -5 Total Points Phase One - 100 Point category and assigned points Phase Two 1. Software demonstration and interviews - 25 2. References, proven success of contracts with other clients and a possible customer site -visit by Iowa City staff • 25 Total Points for Phase Two - 50 Total Points for Phase One and Phase Two - 150 Vendors will he treated equally without regard to race, coior. creed, religion, national ong in. sex, gender Identity, sexual orientation. disahr!tty, manta! status and rage - Submittal of a proposal infers acceptance of these scoring techniques. M ! have read and understand these terms. (I have read and understand these terms.) Page 10 of 13 pages Vendor irst Due PF -P23-12 Addendum 1 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1RG3QQULOS Pricing Please campiete your pricing information on the 'Line Iterns" tab. Include the entire cost of ownership of the software over a 5 year period. This price must include all costs, fees, and reimbursable fees, including but not limited to implementation. travel expenses, licenses for 5 years, and ongoing training and support for 5 years Also include a comprehensive detailed itemized pricing schedule in section 4 of your proposal, Include pricing for the objectives detailed in the specifications section (See section r5 tit 36). Include all costs, fees, and reimbursable fees to be incurred as a part of your company's work. Include milestone payments in your pricing schedule. The City is not responsible for the vendor's failure to provide information and pricing on required items. The suomitted pricing I must include all of the costs required to perform the tasks of this contract. Any costs not included in the vendor's submitted proposal that are required to perform the services under this contract. viii be the responsibility of the awarded vendor. These costs include, but are not limited to, labor, materials, equipment, training, shipping, and travel, etc. J❑ I have read and understand these terms. (I have read and understand these terms.) I Required Attachments and Exceptions From the Attachments tab download and review the following required documents. o General Requirements for Requests for Proposals • General Terms and Conditions a Wage Theft Affidavit (Please sign and upload your completed Wage Theft Affidavit to the Response Attachments tab.) o Contract Compliance Form (To be completed by awarded vendor only.) Vendors are required to inform themselves of all requirements of this Request for Proposal. Failure to do so is at the vendor's o"vn risk. If a vendor does not clearly demonstrate and provide documentation substantiating that they are compliant with the qualifications and specifications of this Request for Proposal, they may be disqualified. Exceptions may not be added after the Request for Proposal due date. If your company has no exceptions/deviation select "No exceptions" from the menu below. If you select "No exceptions" you may not submit your company's terms and conditions or any other list of exceptions after the due date. If you have exceptions to this Request for Proposal, choose "I have exceptions" from the menu below and attach a list of your exceptions to the response attachments tab. I have exce tions Prohibited Interest 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 fail within the exceptions to said statutory provision enumerated in Section 362.ti Your firm shall identify any relationship that has existed, or presently exists With the City of Iowa City and its staff that may interfere With fair competition or may be a possible conflict of interest for either party. if no relationship has existed or does not presently exist, the company must make this statement in the space provided n below (companies are subject to disqualification on the basis of any potential for conflict of Interest as determined by the City of Iowa City). No relationships exist. Page 11, of 13 pages Vendor. First Due RF -P23-12 Addendum 1 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHRI RG3QQULOS =:1 Liens, Unsatisfied Judgments, Disciplinary Actions List any and all disciplinary actions, administrative proceedings, malpractice claims or other like proceedings against your company or any of its personnel relating to your firm's services that are current, pending, or occurring in the last five (5) years. If your company has no liens, unsatisfied judgments, or disciplinary actions that have occurred you must state this also. No disciplinary actions, administrative proceedings, malpractice claims, or other proceedings relating to First Due's services are current, pending, or occurring in the last five years. We have no liens, unsatisfied judgments, or j disciplinary actions. - �1 l Reference #1 Name SD Enc Kerska (Rochester, MN) i 1.' 6I Reference #1 Address 201 4th St SE Ste 10, Rochester, MN, 55904 T Reference #1 Phone Number (507) 328-2810 1.. Reference #1 Email ekerska c@rochestermn.gov 1� Reference 4*1, Types of services performed for a similarly sized Fire department and number of years i your company has been working with the department. Modules used by the Rochester Fire Department include: Assets & Inventory; Automated Pre -Plans; Community Connect; Incident Reporting - NFIRS; Inspections; Invoicing; Permitting; Pre -Pian; Responder; Scheduling. Rochester has been a First Due client since July 2021. Reference #2 Name d2'-- +JVesley Ogle (Huntsville, AL) Reference #2 Address PO Box 308, Huntsville, AL, 35804 2 Reference #2 Phone Number (256) 851-4033 i 2 == Reference 92 Email I ti esesjey.ogle@huntsvilleal.gov Reference #2, Types of services performed for a similarly sized Fire department and number of years your company has been working with the department. Modules used by tete Hunstsville FD include: Assets &Inventory; Automated Pre Pians; Community Connect; Incident Reporting - ePCR; Incident Reporting - NFIRS; Inspections; Invoicing; Permitting; Personnel Management, j Pre Plan; Responder Reference #3 Name Richard Ennis (Madison, A Page 12 of 13 pages Vendor. First Due RFP23-12 Addendum 1 Zoho Sign Document ID: 2AB7F2F4-Q80SIGRU189KRONHOMHB6EVE92D6ZQTHR1RG3QQULOS Reference #3 Address F101 Mill Rd, Madison, AL, 35758 Reference #3 Phone Number 04] Reference #3 Email Erich =ard. e n nis@ m adisonal,gov Reference #3, Types of services performed for a similarly sized Fire department and number of years your company has been working with the department. Modules used by the Madison, AL FD include: Assets & Inventory-, CAD Integration; Events: Incident Reporting - ePCR: Incident Reporting - NFIRS; Inspections; Personnel Management; Pre -Plan; Responder; Scheduling Bid Lines Not to exceed total including reimbursable expenses. Include the entire cost of ownership of the software over a 5 year period. This price must include all costs, fees, and reimbursable fees, including but not limited to implementation, travel expenses, licenses for 5 years, and ongoing training and support for 5 years. Also include a comprehensive detailed itemized pricing schedule in section 4 of your proposal. Include pricing for the objectives detailed in the specifications section (See Section '15 & 36). include all costs, fees, and reimbursable fees to be incurred as a part of your company's work. Include milestone payments in your pricing schedule. :`!'] Quantity: I UOM: _EA Price: $240,355,00] Total: 5240,355.00 Response Total: $240,355.00 Page 13 or 13 pages vendor: First Due PFP23-12 Addendum 1 I IrTNI ► Rl i,lem'Fi -ln CITY OF IOWA CITY ca 7R COUNCIL ACTION REPORT June 6, 2023 Resolution setting a public hearing on June 20, 2023 on project manual and estimate of cost for the construction of the 2023 City of Iowa City Parking Garages Maintenance and Repair 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: Reviewed By: Fiscal Impact: Staff Recommendation: Commission Recommendations Attachments: Resolution Joe Welter, Sr. Engineer Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager $177,300 available in the Parking Facility Restoration Repair Account #T3004 Approval N/A Executive Summary: This agenda item begins the bidding process for the 2023 City of Iowa City Parking Garages Maintenance and Repair Project. The project generally includes structural repair and protection improvements at the Dubuque Street and Tower Place Parking Ramps, stair tower HVAC improvements and associated electrical equipment at the Tower Place, Chauncey Swan, and Court Street parking ramps, and infrared scanning of electrical equipment at the Harrison Street parking ramp. Background / Analysis: This annual project addresses maintenance, rehabilitation, and repairs on the City's six parking garage structures. The items within this year's annual project were either identified and programmed within the City's Five -Year Condition Review and Proposed Repair and Maintenance Master Plan, June 2020, or have manifested themselves in the past year. Prepared by: Ethan Yoder Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5145 Resolution No. 23-165 Resolution setting a public hearing on June 20, 2023 on project manual and estimate of cost for the construction of the 2023 City of Iowa City Parking Garages Maintenance and Repair 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 Parking Facility Restoration Repair account #T3004. Now, therefore, be it resolved by the -Council of the City of Iowa City, Iowa, that: 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 20th day of June, 2023, 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 6th day of June , 2023 Approved by Attest: � City Uerk City Attorney' Office (Jennifer Schwickerath - 06/01/2023) It was moved by Taylor adopted, and upon roll call there were: Ayes: X and seconded by Alter Nays: Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas the Resolution be m r Approved by Attest: � City Uerk City Attorney' Office (Jennifer Schwickerath - 06/01/2023) It was moved by Taylor adopted, and upon roll call there were: Ayes: X and seconded by Alter Nays: Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas the Resolution be m Item Number: 6.b. CITY OF IOWA CITY Z%--_ �=Pa COUNCIL ACTION REPORT June 6, 2023 Resolution setting a public hearing on June 20, 2023 on project manual and estimate of cost for the construction of the 2023 Dubuque Street, McCollister Boulevard, and Landfill Seeding 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: Reviewed By: Fiscal Impact: Staff Recommendation Commission Recommendations Attachments: Resolution Joe Welter, Sr. Engineer Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager $240,000 available in the McCollister Blvd — Gilbert to Sycamore Account #S3934 and Landfill Operations Account#75750121 Approval N/A Executive Summary: This agenda item sets the public hearing, which begins the bidding process, for the 2023 Dubuque Street, McCollister Boulevard, and Landfill Seeding Project. The project includes soil quality restoration and overseeding of the parkways along Dubuque Street and McCollister Boulevard and the median along McCollister Boulevard. Additionally, seeding, fertilizing, and mulching of designated areas of the Iowa City Landfill and Recycling Center is included. Background / Analysis: The project intends to improve the grassed parkways on Dubuque Street and McCollister Boulevard, as well as the median along McCollister Boulevard, by performing soil quality restoration (aeration and compost) with overseeding. The project will also include watering and fertilizing for Dubuque Street and McCollister Boulevard. Several areas of the landfill will be also seeded, fertilized, and mulched to stabilize areas of the site that are no longer being used for waste disposal or have been utilized for temporary material storage this year. r �''+•Twrl®��� City Council Supplemental Meeting Packet CITY OF IOWA CITY June 5, 2023 Information submitted between distribution of packet on Thursday and 4:00pm on Monday. Late Addition(s): 1.a Proclamations 1.a(1) Juneteenth National Freedom Day 1.a(2) LGBTQ+ Pride Month Consent Calendar- Resolutions and Motions- 5.k Record Management Software - See council action report, resolution and agreement. Resolution authorizing the procurement of Record Management Software. Comment: This Resolution will approve the procurement of Record Management Software and subsequent maintenance and licensing fees. The contract will be awarded to Firstdue for one five-year term. This purchase will exceed the $150,000 spending authority of the City Manager, thereby requiring Council approval. Over the course of this contract the City expects to expend approximately $221,577.81. Late Handout(s): Consent Calendar- Resolutions and Motions Item 5.d Riverside Drive Pedestrian Improvements - See revised comment. Comment: Bids for this project were received on Tuesday, May 30, 2023 and the following bids were received: All American Concrete West Liberty, IA $ 603,707.49 Midwest Concrete Peosta, IA Non-Responsive Engineer's Estimate $ 520,000.00 Public Works and Engineering recommend awarding the project to All American Concrete of West Liberty, Iowa. Funding is available in the Myrtle/Riverside Intersection Signal, account#S3933. Consent Calendar- Setting Public Hearings June 5,2023 City of Iowa City l f i r Item 6.b 2023 Dubuque Street, McCollister Boulevard, and Landfill Seeding - See revised comment. Comment: This project includes soil quality restoration and overseeding of the parkways along Dubuque Street and McCollister Boulevard. Additionally, seeding, fertilizing, and mulching of designated areas of the Iowa City Landfill and Recycling Center is included. The estimated construction cost is $240,000 and will be funded by Account#53934, McCollister Blvd. — Gilbert to Sycamore and Account#1_3338 Future andfill Cell Council Appointments Item 10.a Airport Commission - See correspondence from Chris Lawrence. I June 5, 2023 City of Iowa City 2 Prepared by Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240,(319)356-5144 Resolution No. 23-166 Resolution setting a public hearing on June 20, 2023 on project manual and estimate of cost for the construction of the 2023 Dubuque Street, McCollister Boulevard, and Landfill Seeding 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 McCollister Blvd - Gilbert to Sycamore, Account #S3934 and Landfill operations funds. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: 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 20' day of June, 2023, 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 6th day of June 12023 May I Approved by Attest: City Clerk City Attorney' Office (Liz Craig - 06/01/2023) It was moved by Taylor and seconded by adopted, and upon roll call there were: Ayes: Nays: Alter the Resolution be Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas REA Item Number: 9.c. CITY OF IOWA CITY Z%--_ �=Pa COUNCIL ACTION REPORT June 6, 2023 Resolution approving project manual and estimate of cost for the construction of the Asphalt Resurfacing 2023 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: Reviewed By: Fiscal Impact: iii: - •.Z�7"i111=_ 1 GFUM Commission Recommendations Attachments: Resolution Marri Van Dyke, Civil Engineer Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager $600,000 available in the Annual Pavement Rehabilitation - Account #S3824 Approval N/A Executive Summary: This project is a recurring maintenance project that concentrates on asphalt resurfacing and chip sealing streets throughout Iowa City. In addition to resurfacing, this project includes storm intake repairs, repair of curb and gutter as needed, and replacement of curb ramps to meet current ADA standards. Background / Analysis: The Asphalt Resurfacing 2023 Project includes work at the following locations: Asphalt Overlay • Court Street — Elmira Street to Berkeley Lane • Gilbert Street — at the railroad crossing between Southgate Avenue and Cherry Avenue Chip Seal • Taft Avenue — Herbert Hoover Highway to American Legion Road Project Timeline: Bid Letting — June 27, 2023 Award Date —July 11, 2023 Construction — July to November 2023 9Ac' Prepared by: Mard VanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5044 Resolution No. 23-167 Resolution approving project manual and estimate of cost for the construction of the Asphalt Resurfacing 2023 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 #S3824. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 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 25th day of April, 2023. 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 11th day of July, 2023, or at a special meeting called for that purpose. Passed and approved this 6th day of June 2023. May Resolution No. 23-167 Page 2 1 Attest: ' City derk Approved by City Attorn s Office (Liz Craig — 05/30/2023) It was moved by Thomas and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas =111101111=1'6TT :rq1 CITY OF IOWA CITY ca 7q COUNCIL ACTION REPORT June 6, 2023 Resolution approving project manual and estimate of cost for the construction of the CDBG ADA Curb Ramp 2023 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: Reviewed By: Fiscal Impact: iii: - •.Z� 1111=_ 1 GFUM Commission Recommendations Attachments: Resolution Ethan Yoder, Civil Engineer Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager $155,000.00 available in the Curb Ramp — ADA account #S3822 Approval N/A Executive Summary: This item begins the bidding process for the CDBG ADA Curb Ramp 2023 Project. This project generally includes removal and replacement of curb ramps and sidewalks at various locations within Iowa City. Background / Analysis: The curb ramp locations included in the CDBG ADA Curb Ramp 2023 Project are Broadway Street at Cross Park Avenue, Apple Court, and Sandusky Drive, Hollywood Blvd at Hollywood Court and Delwood Drive, Tracy Lane and Davis Street, Downey Drive and Ridge Street, and Sandusky Drive at Davis Street and Bancroft Drive. These locations include curb ramps in residential areas near Twain Elementary and Wetherby Park. Project Timeline: Bid Letting — June 28, 2023 Award Date —July 11, 2023 Construction — July through September 2023 Prepared by: Ethan Yoder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5145 Resolution No. 23-168 Resolution approving project manual and estimate of cost for the construction of the CDBG ADA Curb Ramp 2023 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 Curb Ramps - ADA account #S3822. 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 27th day of June, 2023. 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 11th day of July, 2023, or at a special meeting called for that purpose. Passed and approved this 6th day of June 2023 Ma Approved by Attest: City Clerk City Attorn 's Office (Liz Craig - 05/15/2023) Resolution No. 23-168 Page 2 It was moved by Bergus adopted, and upon roll call there were: Ayes: and seconded by Nays: Alter Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas the Resolution be Item Number: 9.e. CITY OF IOWA CITY Z%--_ �=Pa COUNCIL ACTION REPORT June 6, 2023 Resolution approving Substantial Amendment #1 to Iowa City's FY23 Annual Action Plan. Prepared By: Erika Kubly, Neighborhood Services Coordinator Reviewed By: Tracy Hightshoe, Neighborhood and Development Services Director Fiscal Impact: Project will be funded with FY23 CDBG funds and program income. Iowa City received $730,874 in CDBG funds in FY23. Staff Recommendation: Approval Commission Recommendations: The Housing & Community Development Commission approved by a vote of 5-0 at their May 18, 2023 meeting. Attachments: HCDC 5.18.23 minutes -draft General Project Area Map Resolution FY23 AAP Substantial Amendment #1 Executive Summary: A substantial amendment is proposed for the FY23 Annual Action Plan to shift unspent economic development set-aside funds to an FY23 Neighborhood Improvement project which will build or replace accessible curb ramps in residential areas near Twain Elementary and Wetherby Park. The amendment will expedite the project and supports timely expenditure of the City's Community Development Block Grant (CDBG) funding. Background / Analysis: The Annual Action Plan is approved by City Council ahead of the fiscal year and outlines how the City will spend CDBG and HOME funding for the upcoming year. Any changes to the plan fall under either an administrative or substantial amendment, according to the City's Citizen Participation Plan. Because this proposal increases the project budget by more than $50,000, a substantial amendment is required which includes public notice and a public meeting. A 30 - day public comment period began on May 5, 2023 and ends on June 6, 2023. Each year, the City sets aside $75,000 in CDBG funds to improve public infrastructure, enhance neighborhood sustainability, or add amenities in low-income areas under the Neighborhood and Area Benefits activity. Neighborhood Services works with Parks and Recreation or Engineering to identify projects that are not part of the City's Capital Improvement Plan. For FY23, Engineering staff proposed a project that will build or replace sidewalk curb ramps at ten intersections in residential areas between Wetherby Park and Mark Twain Elementary. A map of the project area is attached to this report. T he locations were selected based on resident feedback and a review of the surrounding area for similar conditions. Ramps that need to be replaced will be upgraded to meet current accessibility standards for slope and detectable warnings. Accessible curb ramps will also be added to sidewalks at intersections where they do not currently exist. The proposed project is approximately $150,000, which is an increase of $75,000 from the neighborhood improvement set-aside. The amendment proposes to shift $50,000 in unspent CDBG economic development set-aside funds to this project, along with $25,000 in program income. CDBG economic development grant funds are available to organizations providing assistance for microenterprise development. There are currently no pending applications. After July 1, 2023, the FY24 economic development set-aside of $50,000 will be available for this purpose. Staff and HCDC recommend approval of Substantial Amendment #1 to the FY23 Annual Action Plan. By shifting funds to this project, the neighborhood improvements will be able to take place this construction season rather than next year, and the neighborhood will more quickly receive the benefit of accessible sidewalk curb and ramps. Additionally, the expenditure of funds for this project will help the City meet important CDBG spending deadlines set by HUD each year. MINUTES PRELIMINARY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MAY 18, 2023 — 6:30 PM FORMAL MEETING THE CENTER ASSEMBLY ROOM MEMBERS PRESENT: Maryann Dennis, Karol Krotz, Kiran Patel, Becci Reedus, Kyle Vogel MEMBERS ABSENT: Kaleb Beining, Michael Eckhardt, Jennifer Haylett, Nasr Mohammed, STAFF PRESENT: Erika Kubly, Brianna Thul OTHERS PRESENT: Scott Hawes (Habitat), Jennie Schmidt (Free Medical Clinic) RECOMMENDATIONS TO CITY COUNCIL: By a vote of 5-0 the Commission moved to recommend that City Council approve the substantial amendment to the City's FY23 Annual Action Plan. CALL MEETING TO ORDER: Dennis called the meeting to order at 6:30 PM. CONSIDERATION OF MEETING MINUTES: APRIL 20,2023: Reedus moved to approve the minutes of April 20, 2023. Vogel seconded the motion. A vote was taken and the minutes were approved 5-0. PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: None. UNSUCCESSFUL AND DELAYED PROJECTS UPDATES: FY22 Shelter House HVAC ($225,000) — update postponed until next meeting at the request of the agency. FY23 Free Medical Clinic Improvements ($75,000) - Jennie Schmidt (Free Medical Clinic) reported the project has started, it started in the beginning of May, and it is almost complete. The reason for the delay is originally they had a lot of trouble getting people who wanted to bid because they're busy but once they got the bid they had to wait for the supplies to come in. When the supplies came in they decided to alter something on one piece of the design so there was a three week delay while they debated different canopy structures. Construction has started and within three days the doors were installed so now they're waiting to paint the lines on the parking lot and finish the electricity and the finishes around the door and install the handicap arm. They anticipated the canopy should arrive next week so they anticipate being done by June 15. FY23 DVIP Shelter Construction ($425,000) — written update was provided. DVIP missed the March 50% expenditure deadline but has since expended half of their award. Vogel questioned the whole they missed the deadline because they ordered stuff it's just because the orders are on back order, but it seems like they are still on time. On the final page of their written report Housing and Community Development Commission May 18, 2023 Page 2 of 6 they note they missed the deadline but they ordered the supplies prior to the 15"', so is it just an accrual versus cash issue. Thul replied part of that may have been they ordered the supplies but the City usually waits until they arrive to pay out. Kubly stated the project seems to be moving forward, it just didn't mean the March deadline for the request for the reimbursement expenditure. PROJECT MONITORING UPDATES: Dennis noted they received the written comments from DVIP Scott Hawes (Habitat for Humanity) stated they have two HOME awards that they're currently planning to use before the end of the fiscal year. One is for 2408 Indigo Drive and that is the new build, and a project with a variety of partners including Homes for Iowa, a local developer, PC Cog, and City of Iowa City as well as Habitat of course. They closed on that home April 10, it was a six -bedroom home for eight people, they were at 49% of the area median income. Prior to buying the home from Habitat they were living in a three-bedroom home and had to keep a mattress off on a covered porch area and drag it into the living room so kids can sleep. Now they all have bedrooms, so it's what they certainly consider a success story. The second project that they will use HOME funds for is at 2413 Indigo Drive, right across the street. They plan to close on that home on June 15, they have a purchase agreement and financing is in the process of being secured. This home will be for a five -person household, a single mother with four children, they are at 41 % area median income. Again, another great success because they're pulling together resources from all over, Habitat for Humanity of Iowa, City of Iowa City, Iowa City Housing Authority, the owner is on Section VIII Housing Choice Voucher so to be able to sell a brand-new home to somebody at 40% area median income certainly doesn't happen very often. Dennis stated she was sorry to hear about the tornado and Habitat losing their storage buildings. Hawes replied it was awful but the community really rallied behind them and after seven days they had all the cleanup completed. Of course now they have the long process of rebuilding and once their claim is settled they'll know what the budget for the warehouse will be and be able to start the process. He stated that warehouse was a lot more than just storage space, they hosted volunteers there and were able to keep projects moving even in bad weather because they had that space. Thul stated Simon Andrew from The Housing Fellowship was going to attend tonight and present his slides but he was not feeling well so a printout of the slides was distributed to the Commissioners. They have acquired several properties and CHDO operations. Dennis stated Inside Out and Reentry sent in a report, they did buy their house and they are in the process of rehabbing it. Thul stated that project was funded with HOME funds and it was acquisition, there's four HOME funded units in it and they want to add two more. REVIEW AND CONSIDER RECOMMENDATION TO CITY COUNCIL ON APPROVAL OF SUBSTANTIAL AMENDMENT TO THE CITY'S FY23 ANNUAL ACTION PLAN: Kubly explained this proposed amendment is basically a funding swap of CDBG set aside funding that will allow staff to do a neighborhood improvement project this construction season. The City sets aside $75,000 in CDBG funds for neighborhood improvements each year in the action plan and then they work with parks or engineering to determine projects. They've done several things at Wetherby and other various parks that are in low-income areas throughout the City. The proposed project is a curb ramp accessibility improvement in the South District near Twain Elementary. Kubly shared a map that shows the general area where the curb ramps are. Staff is proposing to replace 10 intersections to ADA standards. Some of these are intersections that were identified for repair by residents and then the Public Works team went and reviewed the area to find similar conditions and determined there was 10 that needed to be replaced. In some spots the crossings Housing and Community Development Commission May 18, 2023 Page 3 of 6 don't exist, or there might be a north/east crossing but not an east/west crossing. Then in other spot, there are ramps already but the slope is not compliant with ADA and they're too steep or missing detectable warnings. Total cost of the project is $150,000, it was initially intended to cover two years of funding for FY23 and FY24, but they have the opportunity to start the project this construction season, however, only half of the funds are available now. If they wait for approval for FY24 funds they will have to wait until next construction season. Therefore, staff is proposing to add program income funds to the project, those are funds that are repaid for loans or returned for whatever reason that got put back into the funding pool. They also want to use unused economic development funds to fund this project and have a $50,000 economic development set aside each year. They're currently using those economic development funds for small business technical assistance, which is an open application for people to apply, so they have unused funds right now and will have more funds available on July 1. The reason they'd like to do this now and not wait is the timeliness for CDBG is in May and that doesn't work well for construction season so anything they can get done the year before is helpful in order to meet the timeliness deadlines with HUD. Also it will get the curb ramps quicker in the neighborhood to meet the neighborhood resident need. Kubly explained this change is considered a substantial amendment to the action plan which is why staff is presenting it today. Any major changes made to funding are considered substantial amendments, so they follow the citizen participation plan and come to HCDC, have a public comment period, and get it approved by Council. Staff is asking for a recommendation from HCDC to swap the funds to get the project going. If we needed to supplement economic development in the future they can always do that but she doesn't see it being an issue right now. Krotz asked for it to be considered a substantial amendment it has to be at least $150,000. Kubly explained what makes it a substantial amendment is they're doubling the amount from $75,000 to $150,000 and if it is more than 25% of the project budget it needs approval. Reedus asked how they choose projects, do they keep a larger list or is it based on complaints. Kubly stated they rely mostly on other City departments to let them know what's needed. It can't be anything in the City's capital improvement plan because that's not allowed by CDBG, so these are more one-off projects that aren't planned for that may be needed. Because they are funded with CDBG, they have to be located in a low-income area of Iowa City. A lot of what they do is playground improvements, shelters, trails, and stuff like that. Vogel noted they are talking about curb cuts but the big issue in that area has always been all those Mark Twain kids that live south of Highway 6 and it's a nightmare for them to get across. They have to go all the way to Broadway and Hollywood to get across. He is curious what curb cut intersection they were doing here and are they primarily doing it in the feeder neighborhood streets on the individual smaller sidewalks to get to the current connections or are they adding new connections. Kubly said this is just for the corner connections and adding in the ramps. Vogel thought at one time there had been bigger discussions about putting some other connection across Highway 6 but putting in a pedestrian bridge is a whole different level of expense. Reedus moved to recommend that City Council approve the substantial amendment to the City's FY23 Annual Action Plan. Motion seconded by Krotz, a vote was taken and motion passed 5-0 STAFF & COMMISSION UPDATES: Reedus gave an update on the on the Aid to Agencies subcommittee process, they met on May 1 and have another meeting scheduled for May 22. The group has identified six areas of focus and these initiatives came up by input during the first meeting based on agencies or staff or commission members experience or desire. The six are (in order of how Reedus feels they should tackle them): 1) determining if the current process is the right one for Aid to Agencies, is the HCDC review process for allocating the Housing and Community Development Commission May 18, 2023 Page 4 of 6 funds the right one, should it be this Commission or should it be handled by somebody else. 2) Revising the application and the funding platform, the subcommittee asked to connect with United Way on this so Reedus contacted the director and they're going to have a couple of people attend the committee meetings. On Monday they will also be discussing the new funding platform and United Way may be willing to discuss a new platform for the funding which would hopefully take care of some of the problems with getting the information inputted. 3) Taking a look at funding priorities and performance assessments, this would mean to review City Steps as the basis for prioritizing the activities the City wants to fund and also looking at the labels given for Legacy and Emerging Agencies 4) The policies and rules related to Aid to Agencies funding process, such as minimum award amounts, percentage of budgets, looking at historical allocations and how they have a role and current funding process. 5) Rubric and scoring, 6) Commission and community education on nonprofit impact, how do they promote and showcase what the agencies do on an annual basis with CDBG and City funding. Reedus asked if staff has an update on UAY because the funding was approved at the City Council meeting so is UAY going to proceed with the funding. Kubly replied they haven't spoken with them but she stated they received Housing Trust Fund funding that was contingent on City funding. What was recommended to Council was the to keep HCDC's recommendation but to give a deadline of March 15 o identify a property and at that time they can revisit if they haven't spent the funding which aligns with the unsuccessful delayed projects policy. Thul stated Patel, Vogel and Mohammad's terms are expiring in June, so if they want to reapply to do so before May 30. Kubly stated they took the action plan and Aid to Agency recommendations to Council earlier this month Council took the recommendation and also added $15,000 for Center for Worker Justice in addition to what was recommended so staff will find another $15,000 in the budget for that. Staff also has to do a substantial amendment to the HOME ARP allocation plan due to some changes at Hud and are working on that and will have to bring that back through the Commission to get approval. If they're ready with this by June they may try to hold a June meeting. If not staff doesn't have anything else for the June agenda. Reedus noted another item from the Aid to Agencies subcommittee is that staff asked for them to have their work done by December and that committee will meet regardless of if this Commission is meeting or not. If there are things this Commission needs to know, they can send things out via email. Vogel stated that his term expires soon and that one of the reasons he joined HCDC was because under the description of HCDC part of the duties are to recommend to the city council from time -to -time amendments, supplements, changes and modifications to the Iowa City Housing Code and it's one of the main reasons he originally joined was to be part of that discussion. The whole time he's been here they've never had that any of that show up in front of them, even when changes were made. He would love if at some point either the Housing Inspection Division Director or someone from Building Inspection come in and talk about the changes that have been made and why those changes were made. He would also love to hear their recommendations for the Housing Code and Housing Inspections, what aren't they getting from this Commission or Council. It's just been frustrating that in all the time he's been here they've never once had anybody come to discuss anything housing code related even though it's supposed to be part of the mission. Krotz understands wanting to stay true to what their mission is and what their responsibilities are as they were outlined by Council and there are a couple other little items as well she's often wondered about how that comes into play. Kubly stated they can certainly have staff come to the meeting if there's something specific the Commission wants to hear from them or even just a broad overview. 4 Housing and Community Development Commission May 18, 2023 Page 5 of 6 Reedus requested that Iowa City Housing Authority staff provide an update on the recently changed policy related to extended absences for voucher holders. Krotz requested that Iowa City Housing Authority staff give an update on the waiting list. Kubly stated they can definitely have the new director of the Housing Authority come present. Staff is also looking at the full admin plan and that travel policy was part of the admin plan, so staff is doing a full overhaul of the admin plan updating making sure it's matching the goals at the City, moving towards Housing First a little more than previously and that will come to the Commission for review. ADJOURNMENT: Reedus moved to adjourn, Vogel seconded the motion, a vote was taken and the motion passed 5-0 Housing and Community Development Commission May 18, 2023 Page 6 of 6 Housing and Community Development Commission Name Terms Exp. 7/21 9/15 10/20 11/17 1/19 2/16 3/30 4/20 5/18 Beining, Kaleb 6/30/24 X O/E X X X O/E X X O/E Dennis, Maryann 6/30/25 X O/E X X X X X O/E X Haylett, Jennifer 6/30/25 X X O/E O/E X X O/E X O/E Krotz, Karol 6/30/24 O/E X X X X O/E X X X Marilla-Kapp, Elizabeth 6/30/23 X O/E Mohammed, Nsar 6/30/23 X X X X X X X O/E O/E Reedus, Becci 6/30/24 X X X X X X X X X Vogel, Kyle 6/30/23 O/E X X X O/E X X O/E X Eckhardt, Michael 6/30/25 -- -- X X X X X X O/E Patel, Kiran 6/30/23 -- -- -- -- -- O/E X X X Attendance Record 2022-2023 Resigned from Commission Key: X = Present O = Absent O/E = Absent/Excused --- = Vacant 0 11 . � ,111 ��111�� _ rM 1EL �� ��, =" _t Iiia � �• ■ r I� I� IEzabeth Yate High A ry zq Ta l L L CIL Urn y _ C Johon n —ounty TT M LI -1 FFF1 FM ai" I I I � try Johnson Johnson County GIS The information presented 0 0.07 0.13 V herein intended at be an GQUI?ty /�j accurate representation of Web Printing WQr�E existing records. Johnson County assumes no liability Project Area M I for errors or omissions. 1 inch = 586 feet S Users relying on this information do so at their Printed: 3/10/2023 own risk. Prepared by: Erika Kubly, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 Resolution No. 23-169 Resolution approving Substantial Amendment #1 to Iowa City's FY23 Annual Action Plan Whereas, HUD requires the City of Iowa City, Iowa to prepare and submit an Annual Action Plan as part of the City's 2021-2025 Consolidated Plan, City Steps 2025, to plan the use of federal funds to assist lower income residents with housing, jobs, public facilities, and public services; and Whereas, the FY23 Annual Action Plan was approved by City Council Resolution No. 22-162 on June 21, 2022; and Whereas, a neighborhood improvement sidewalk curb ramp project is proposed for low-income areas of the community through the Neighborhood and Area Benefits activity; and Whereas, in order to expedite the project, funding for this activity will be increased to $150,000 shifting $50,000 in CDBG economic development set-aside funds and $25,000 in CDBG program income to this activity; and Whereas, Substantial Amendment #1 to the FY23 Annual Action Plan includes revised funding for Neighborhood and Area Benefits and removes the Economic Development activity; and Whereas, the City has disseminated information, solicited public input, and held a public meeting on the amendment to the FY23 Annual Action Plan; and Whereas, the amended FY23 Annual Action Plan contains the updated allocation of CDBG and HOME funds attached hereto as Appendix B; and Whereas, the City Council finds that the public interest will be served by the approval of an amendment to Iowa City's FY23 Annual Action Plan and submission to the U.S. Department of Housing and Urban Development. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Substantial Amendment #1 to the City of Iowa City FY23 Annual Action Plan is hereby approved and adopted. 2. The City Council authorizes the City Manager to submit to HUD all necessary certifications or documents related to the submission of the amendment to Iowa City's FY23 Annual Action Plan. Passed and approved this 6'h day of June, 2023. Mayor Resolution No. 23-169 Page It was moved by Alter and seconded by Dunn The Resolution be adopted, and upon roll call there were: Resolution No. 23-169 Page 3 Attest: City Clerk AYES: NAYS: G . City Attorneys Office (Sue Dulek — 05/30/2023) ABSENT: Alter Bergus Dunn Harmsen Taylor Teague Thomas EXHIBIT A FY23 Annual Action Plan Substantial Amendment #1 May 5, 2023 Each year, $50,000 of Community Development Block Grant (CDBG) funds are set aside by City Council for economic development activities per the City's Investment Policies. The disruptions from the COVID-19 pandemic caused numerous spending delays over the last several years as subrecipients shifted their focus to immediate pandemic -related concerns. As a result, the City is working through a backlog of economic development funding and is currently near completion of FY22 economic development activities. Due to the approaching FY24 budget allocation of an additional $50,000 for economic development, an amendment is proposed to reallocate FY23 economic development funding. This will allow the City to facilitate timely expenditure of CDBG. An additional $75,000 of CDBG is allocated to the Neighborhood Improvements Program annually. The City plans to make accessibility improvements in low to moderate income areas of Iowa City by adding ramps to existing curbs with FY23 funding. The proposed amendment reallocates $50,000 of CDBG from the economic development set-aside to the Neighborhood Improvements Program. The amendment also increases the budget by an additional $25,000. The source of this funding was unanticipated program income that was not allocated during the recent FY24 funding round. The final budget for the curb ramp improvements totals $150,000 which will allow the City to address curbs at ten intersections in low -to -moderate income neighborhoods. This use is consistent with priorities identified in the City's consolidated plan, City Steps 2025, as well as the new Strategic Plan which prioritizes maintaining streets that are comfortable and safe for all users. The City Council will consider this recommendation on June 6, 2023 following a 30 -day public comment period and an amendment will be submitted to the U.S. Department of Housing and Urban Development (HUD) subject to City Council approval. Jurisdiction: City of Iowa City, Iowa Contact Person Jurisdiction Web Address: Erika Kubly http://www.icgov.org/actionplan 410 E. Washington Street Iowa City, IA 52240 319.356.5121 Erika-Kubly@lowa-City.org Proposed Amendment The proposed amendments include the following: • Updates to AP -20 and AP -35 to be consistent with this amendment. • Update Appendix B to be consistent with this amendment. • Update Appendices and other text as needed to be consistent with this amendment. AP -20 =Sort Goal Name ,,_:- Start End ;.Category : `- Geographic Nee'd's` Furicing' -Goal Outcome - 'Order Year < Year- Area 'Addressed;,, ... Indicator Increase the number of affordable AHLM Affordable rental $0 CDBG 1 rental housing 2023 2024 Affordable Eligible Areas and owner $596,000 7 Other (Rental units including Housing housing HOME Units) through new Citywide construction and acquisition Citywide Preservation of Rehabilitate and Housing existing 2 improve owner- 2023 2024 Affordable Rehab affordable rental $282,000 CDBG 22 Owner Units occupied Housing Targeted and owner $90,000 HOME Rehabbed housing units Areas housing Citywide Preservation of Rehabilitate and Housing existing 3 improve renter- 2023 2024 Affordable Rehab affordable rental $0 CDBG 1 Other (CHDO occupied Housing Targeted and owner $26,000 HOME Operations) housing units Areas housing Provide public Non -Housing $124,000 CDBG 2,800 People 4 services 2023 2024 Community Citywide Public Services $0 HOME Assisted Development Improve public Non -Housing LMI Areas Public facility $500,000 CDBG 1,900 People Assisted 5 facilities 2023 2024 Community Citywide Improvements $0 HOME (2 Public Facilities) Development Improve public Non -Housing LMI Areas Public $75,990 CPBG. 300 People Assisted 6 infrastructure & 2023 2024 Community Citywide Infrastructure $150,000 CDBG (1 Public address climate Development improvements $0 HOME Facility/Infrastructure) action needs Support economic and Non -Housing LMI Areas Economic $50,009 G 7 workforce 2023 2024 Community Citywide Development $0 2 Bus Resses ;s steel development - Development $0 HOME Effectively administer and 8 plan for the 2023 2024 Other Citywide Administration $160,000 CDBG 2 Other CDBG, HOME, and Planning $60,000 HOME and related programs AP -35 3 Neighborhood and Area 'Benefits '. , Pro'ect.Narrre Target Area LMI Areas Goals Supported Improve public infrastructure Needs Addressed Public infrastructure and neig hborhood-based climate action Funding P5,999 $150,000 Description Improvements to the built environment that enhance the quality -of -life for residents living in LMI neighborhoods. Target Date 6/30/2023 Estimate the number and Beneficiaries are dependent on the area to be served, so beneficiaries cannot be type of families that will estimated until the areas to be assisted have been identified. For a placeholder benefit from the in this plan, 300 persons per year has been used. It is important to note, proposed activities however, that this is only an estimate and actual number assisted may vary widely. In any given year, the ability to complete neighborhood improvement projects is dependent on funds available, eligible projects coming forward, and availability of public works staff and contractors to carry out the projects. These projects may not be completed every year. In this plan, a placeholder of $75,000 is being used to ensure that funds are available in the event an appropriate project comes forward. Location Description Funding is available in LMI areas. However, funds are typically concentrated in older areas of the City due to thea e of facilities. Planned Activities The following activities are proposed: green infrastructure improvements in LMI areas including (but is not limited to) installing street trees, landscaping, and other neighborhood amenities that provide ecosystem services and other related benefits. Activities depend on submitted proposals by City departments. IDIS Table 8.3 — Neighborhood and Area Benefits Description Appendix B _ 013G,".1"Persons;'! Households+ Projecf Planned'activities Awad' - HOME Award `Yfacl ities Assisted Aid to Agencies - Shelter House $ 90,810 NA 700 Public Service Activities ;Aid to Agencies - DVIP $ 33,190 _.- - NA .._ _ _ .. _ _ .. 600 _ _ -- Aid to Agencies - NCJC _ .---__ _. NA - Public Facility Activities ;DVIP - Shelter New Construction $ 425,000 NA 700 :Free Medical Clinic - Facility Improvements $ 75,000 NA 1,200 Neighborhood and Area Benefits Neighborhood Improvement Program $990 $ 150,000 NA 300 ,Homeowner/Rental Housing Comprehensive Rehabilitation : $ 282,000 $ 90,000 22 Rehabilitation Other Housing Activities The Housing Fellowship CHDO Operations 'Inside $ - $ 26,000 NA Out Reentry - Rental Acquisition $ - $ 100,000 4 CHDO Reserve Activities 'The Housing Fellowship - Rental Acquisition $ - $ 320,000: 2 EGOnG...iG Dever„ nt G no,Vek)f:Re t oR r —58;888 NA 2 Administration & Plannin g-- CDBG Administration - -- _._ _ $ 160,000 _ - -- -- NA - - NA HOME Administration NA $ 60,000, NA Total; $1,216,000 $ 596,000 3,530 Public Comments Received with Staff Response The 30 -day public comment period for the FY23 Annual Action Plan Substantial Amendment #1 began May 5, 2023 and ends June 6, 2023. The City Council is holding a public meeting on June 6, 2023. Comments Received: TBD. Staff Response: N/A Item Number: 9.f. CITY OF IOWA CITY �--'°�'��� COUNCIL ACTION REPORT June 6, 2023 Resolution authorizing the City Manager to initiate a two-year zero -fare pilot project on all Iowa City transit routes. Prepared By: Geoff Fruin, City Manager Reviewed By: Jennifer L. Schwickerath, Assistant City Attorney Fiscal Impact: A loss of an estimated $1 million in fare revenue is anticipated for each year of the pilot project. Federal funding will be utilized to offset the losses during the pilot period. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: The City's Strategic Plan includes an action item to evaluate the feasibility of a zero -fare transit system. At the May 16, 2023 work session, staff recommended initiation of a two-year pilot project so that operational impacts and permanent funding sources could be fully explored. This resolution authorizes the City Manager to initiate a two-year zero -fare pilot project beginning in the summer or fall of 2023. Background / Analysis: In 2021, the City Council adopted the Iowa City Area Transit Study, which outlined numerous opportunities to enhance transit service to the Iowa City community. Since that time, staff has redesigned routes, improved frequencies on several routes, aligned fare policies with Coralville, and introduced battery electric buses into the fleet. Consistent with the City's Strategic Plan, the next step is to fully evaluate shifting to a zero -fare model. A zero -fare model is anticipated to bolster ridership by 20% to 60% and help the City to continue to move toward our climate action and equity goals. The shift in the model will also support economic development goals by providing greater and more affordable connections to employment opportunities. Staff anticipates launching the two-year pilot program in the summer or fall of 2023. Federal funds will be utilized to offset the loss of fare revenue, which is anticipated to be approximately $1 million per year. Staff will collect operational data and fully explore permanent funding sources during year one of the pilot. In the summer of 2024 that information will be presented to the City Council so that a decision can be made on whether or not to continue the zero -fare service beyond the second year of the pilot. Prepared by: Geoff Fruin, City Manager, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5010 Resolution Number 23-170 Resolution authorizing the City Manager to initiate a two-year zero -fare pilot project on all Iowa City transit routes Whereas, The City Council approved the Iowa City Area Transit Study Plan in 2021 that outlined a number of possible service enhancements to Iowa City Transit operations including shifting to a zero -fare model; and Whereas, The City Council adopted a Strategic Plan for Fiscal Years 2023 to 2028 in December 2022 that included an action item to fully evaluate the feasibility and funding sources needed for a zero -fare transit system; and Whereas, The City Council received a work session presentation on May 16, 2023 from Transportation Services staff with a recommendation to initiate a two-year zero -fare pilot project on all Iowa City transit routes; and Whereas, The two-year pilot project is anticipated to commence in the summer or fall of 2023; and Whereas, City staff will collect relevant operational data during the pilot period and fully evaluate funding sources that could support a permanent zero -fare transit system and present that information to the City Council in the summer of 2024; and Whereas, The two-year pilot project is necessary for the City Council to make an informed decision on a permanent shift to a zero -fare transit system, Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager utilize existing financial resources in the Transit Fund to conduct a two-year zero -fare pilot project on all Iowa City transit routes beginning in the summer or fall of 2023 and further report back to the City Council in the summer of 2024 with operational data and potential permanent funding sources to carry forward the zero -fare system after the two-year pilot project ends in 2025. Passed and approved this 6th day of June 2023 Ma Approved by Attest: au I J --,P City Clerk City Attorney' Office (Jennifer Schwickerath — 05/26/2023) Resolution No. 23-170 Page 2 It was moved by Bergus adopted, and upon roll call there were: AYES: and seconded by NAYS: Dunn ABSENT: Alter Bergus Dunn Harmsen Taylor Teague Thomas the Resolution be Item Number: 9.g. CITY OF IOWA CITY Z%--_ �=Pa COUNCIL ACTION REPORT June 6, 2023 Resolution authorizing the Mayor to sign a State and Local Fiscal Recovery Fund (SLFRF) grant agreement with Johnson County and the Community Foundation of Johnson County to administer the Child Care Wage Enhancement Program. Prepared By: Cassandra Gripp, Grants Specialist Reviewed By: Tracy Hightshoe, Neighborhood and 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 $750,000 of those funds. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Agreement Executive Summary: As part of the American Rescue Plan Act (ARPA), the City was awarded State and Local Fiscal Recovery funds (SLFRF) to respond to the COVID-19 pandemic. This resolution authorizes a subrecipient agreement with Johnson County and the Community Foundation of Johnson County for $750,000 to administer the Child Care Wage Enhancement Program. The program addresses the growing challenges of child care staffing wages without increasing the costs of tuition or passing along additional costs to families. In addition to increasing child care staffing wages by $2.00 per hour, the fund pays the increased payroll taxes incurred by the employer in participating in the program. This resolution further authorizes the City Manager to amend the agreement as needed. Background / Analysis: The Johnson County Child Care Coalition formed to respond to the pressing needs surrounding child care in our area, issues made much more acute due to the pandemic. To support our workforce, quality, affordable child care is essential. Unfortunately, attracting and retaining child care staff remains a significant barrier. Child care professionals have the lowest wage of any tracked profession in the County. From this Coalition, many possible solutions emerged, including the proposed Child Care Wage Enhancement Program. The Child Care Wage Enhancement Program was presented to the City Council at their March 7, 2023 work session. The attached Subrecipient agreement formalizes the relationship between the City of Iowa City, County, and the Community Foundation of Johnson County to operate a Child Care Wage Enhancement Program in Johnson County. The City and Johnson County each commit $250,000 per year for three years (total of $1.5 million) to support wages of early education professionals working in eligible child care centers. Johnson County Social Services will be the program administrator and will receive applications, process invoices, and track data and reporting. The Community Foundation of Johnson County will be the City's fiscal agent. They will hold the City's funds in a designated account and reimburse, after County review and authorization, approved costs by child care centers located in Iowa City's corporate limits. The County will administer their own funds. While the initial investment will come from the City of Iowa City and County, the goal is that private investment from businesses will continue to grow the program and allow it to become sustainable. A fund at the Community Foundation of Johnson County has already been established to hold funds for the program. 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 ... impacted industries for programs, services or capital expenditures, including support for payroll costs" are an enumerated eligible use of SLFRF funds. Per the Final Rule, "an industry is presumed to be impacted if the industry experienced employment loss of at least 8 percent". Per the Department of Health & Human Services, during the height of the COVID-19 pandemic, the childcare industry experienced a 35% decrease in workforce. Furthermore, the pandemic has had lasting impacts on the industry, with the overall workforce remaining 8% below pre -pandemic levels as of November 2022. Thus the administration of a child care wage enhancement program as outlined above addresses the impacts of COVID- 19 and is an eligible us of SLFRF funds. Prepared by: Cassandra Gripp, Neighborhood Services, 410 E. Washington St., Iowa City, A 52240 (319) 356-5230 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, tho-A 1 The Mayor is authorized to execute the attached Subrecipient Grant Agreement. 2. The City Manager is authorized to sign amendments to adjust the annual budget by up to ten percent (10%) and to sign other amendments to the Subrecipient Grant Agreement as needed. ' 1 . assed and approved this 6th day of June 2023, Resolution No. Page Approved by CIty Clerk -C-7it—y—A-tt—or-n-W's Office Alter EepgUs DuDO HarmsmD T8y/or TeagUe Thomas Prepared by Cassandra Gripp, Grants Specialist, 410 E, Washington St,, Iowa City, A 52240 (319) 356-5237 This Agreement is entered into among the City of Iowa City, a municipal corporation ("City"), Johnson County, an Iowa political subdivision, (the "County" or "Program Administrator"), and the Community Foundation of Johnson County (the "Foundation" or "Fiscal Agent") an Iowa private non-profit corporation, on June 6 , 2023 in Iowa City, Iowa. Whereas, the County, through Johnson County Social Services, has developed the Child Care Wage Enhancement Program ("Program") providing eligible childcare centers the opportunity to enhance their staff wages by up to $2.00 per hour plus the program also pays $0.153 per $2.00 of enhancement to cover the additional payroll taxes incurred by the employer in participating in the program.: and Whereas, the Community Foundation of Johnson County in cooperation with Better Together 2030, has agreed to establish a Designated Fund known as the Childcare Coalition Charitable Giving Fund ("Fund'); and Whereas, future distributions from the Fund will be used to support the Child Care Wage Enhancement Program's efforts upon the completion of the distribution of local funds, and Whereas, the COVID-19 pandernic has had a severe negative impact on the child care industries in Iowa City and elsewhere; and Whereas, the U.S. DjjW",t if Tjj N26W ",1,1 "j"j,,",WWWAj9k 2 -M7M7FMGMTrT1j r1nu k _)LrMF-FM LVAR 01 Ine American Kescue 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, the City wishes to allocate $750,000 in City SLFRF funds toward the Program for the benefit of qualifying childcare centers located within the City under the same eligibility terms as the County's program; and Whereas, the City shall partner with the County and the Foundation to operate said program to benefit childcare centers in Johnson County to encourage childcare employee retention and promote quality childcare. Now, therefore, the City, County, and Foundation agree as follows: 1 . 'Effective Date and Term, This Agreement shall commence upon execution and remain in effect until December 31_2_X26,, unless terminated as provided herein. 2. SLFRF Funds. The City shall provide the Foundation a total sum not to exceed $750,000 in SLFRF funds payable in three annual lump -sum payments not to exceed $250,000. 1 Use of Funds. The County shall be the program administrator whose responsibilities shall include: • Market the fund • Accept applications from childcare centers • Verify program and employee eligibility • Enter agreements with childcare centers for childcare wage enhancement payments stipends to eligible employees Accept and approve payment reimbursements from selected childcare centers Determine what centers in Iowa City shall receive Iowa City funds Submit monthly payment authorizations to the Foundation for reimbursement with City funds Maintain all documentation and provide requested documentation from the City to ensure ARPA reporting and record documentation requirements Provide documentation of monthly tracking of City and County ARPA funds to ensure each entity is making timely progress of program expenditures per the ARPA rules and requirements, and Administer the program as outlined in Exhibit A, which is attached and incorporated herein. These County duties shall end when the County has finished its own Child Care Wage Enhancement Program; and may also end sooner at the County's sole discretion such as if the County decides to discontinue its program. The City shall provide a total of $750,000 in funds to the Foundation to pay authorized staff payroll costs to childcare centers located in the corporate limits of Iowa City. The City shall complete all ARPA reporting for City funds. The City shall advise the County about what documents the City requires to complete said reporting, Maintain a separate, designated account for said City funds. issue montVv ow4metts to low,� Citv clildcare cet 1 11111111 1-- 1 ::: Of the $750,000, the Foundation may use up to 1.25% of the award for administrative costs, to $3,125 annually or $9,375 over the term of the agreement. The Foundation shall provide a yearly report of expenses paid and amount of administrative costs incurred, up to the maximu allowed, before the City provides the next year's allocation. I] The City shall pay the Foundation the amount of $250,000 annually up to a total of $750,000, The first allocation will be made upon agreement execution, The 2n' allocation shall be issued 12 • after the anniversary of the • • the agreement. The 31d allocation 12 months after the 2 nd allocation. If the Foundation is not able to spend a year's allocation, the are depleted. 111111 1111111111111111mr1111111111 W.11 wo Ir-ilft'llIrrey��-rt'-si.IfTm-c-,V,FJ.-dT-CCTTJ-T"r,tFI-LTII,t SIVIU11MC11rdLIVII 11.91 LHU k_,01f1LJ 110 Wer Man Me 411'" OTM3 month, beginning in October 2023 for the previous quarter, The County will provide the City copies of all submitted documentation and reports for childcare centers receiving Iowa City funds, The County decides what to require the Providers to report. The information included in the quarterly reports includes a, of eligible Professionals that received City Wage Enhancement funds b. r•u worked by each eligible Professional c.r. of filled childcare, slots (birth -5) d. # of open childcare slots (birth -5) e, # of total children enrolled in Child Care Assistance (CCA) in that quarter f. # of staff children enrolled in CCA that quarter g. # of participating Professionals who left or changed employment h, # of newly participating Professionals L Current QRS/IQ4K/NAEYC status The close out of this Agreement is governed by 2 CFR 200.343-.344, The Partiesobligations shall not end until all close-out requirements are completed, and the compliance period is over. 7. Cit andTreasury Recoaon. Parties shall insure recognition of the role of the City, the County, and the US. Treasury in providing funding through this Agreement. Any publication produced with the SLFRF funds will be within the control and power of the City and the Foundation — because the County will not be publishing anything using the SLFRF funds. 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 US. Department of Treasury. For Cause In accordance with 2 CFR 200.338-342, the City may terminate this Agreement if the County or the Foundation materially falls to comply with any terms of this Agreement, which include, but are not limited to, the following: I Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and US. Treasury guidelines, policies or directives as may become applicable at any time; Failure, for any reason, of the parties to fulfill in a timely and proper manner its obligations under this Agreement; V Ineffective or improper use of funds provided under this Agreement; or -- 9 4. Submission by the parties 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 parties shall have fifteen (16) days following written notice from the City, to oure, The City shall be obligated to make no payment due hereunder if City has notified the parties, in writing, of its intent to suspend or terminate this Agreement. In the event of termination, the Foundation shall repay to the City all unexpended funds within thirty (30) days of receiving written notice from City of its intent to terminate this Agreement. Administrative funds shall be pro -rated based on the date of termination. 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 For Convenience This Agreement may be terminated upon the mutual agreement of the parties hereto, in which case the parties shall agree upon the termination conditions, including the effecfm; date and the disposition of contract amounts. 9. SAM. Parties shall maintain an active SAM registration at all times while this Agreement is in effect, 10. Documentation and F�ecord dee int. Records to be Maintained The parties 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 : a. Records providing a full description of each activity undertake b. Financial records as required by 2 CFR200.333-337; and 01 Other records necessary to document compliance 2 CFR 2001 M a n*04*171 Uj MIS corlUdUL aria May resua in Me wannolding payments. The Foundation hereby agrees to have an annual agency audit conducted in accordance withm CFR Part 200, Subpart F for the funded years 2023, 2024, 2025, and 2026 and to provide the City with- a copy within thirty (30) days of receipt. I delivered or deposited in the United States mail, postage prepaid, sent certified or registered, addressed as follows: I Mr"? - - - - '4 1' 7COM7 501 Ave, Ste, 102 Coralville, ]A, 52241 b. If to the City, to: City Attorney City of Iowa City 410 East Washington Street Iowa City, IA 52240 c. If to the County, to: Johnson County Social Services Attn: Director 855 S. Dubuque Street, Suite 2025 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 ATo discharge from employment or refuse to hire any individual or to discriminat against any individual in terms, conditions, or privileges of employment becaus of their race, creed, color, national origin, religion, age, sex, marital status, sexu- orientation, gender identity, disability, or handicap status. B. To deny to any person its services on the basis of race, creed, color, national original, religion, sex, marital status, sexual orientation, gender identity, disabilit] or handicap status. 11 M 1 04.0 Iowa Law Upon signing this Agreement, the Parties acknowledge that Section 362.5 of the Iowa Code C*tv oTicer or Q lo, ji it ,&e from 'u2vjj#.' 9 , terest it P cott 'ct utit'i ti a MIL2j NOW— lila- 0 BONN- -01,11,13191 7 a INE411 applicable to each ac Ivity funded with an SLFRF award. The Parties shall disclose to the other parties and to the U.S. Treasury any potential conflict of interest affecting the awarded funds in accordance with 2 OFIR 2M 112. 0 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. The County 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 County's control. 19. 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, 20. Amendment. All amendments shall be in writing and signed by all 3 parties to this Agreement. 21. Severa!jq. 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. 22. Successorsand Assigns. 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 any of the parties hereto to any third party without the prior written consent of the other parties to this Agreement. 23. 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, 24. Entire AgrqemRDQnt2gEg!2n, This Agreement constitutes the entire agreement between the City, the County, and the Foundation 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 Parties with respect to this Agreement, �MA I -", • This Agreement is subject to the Final Rules issued by the U.S. Department of Treasury published on January 6, 2022 for the Coronavirus Sta�te Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act. The Parties acknowledge that the U.S. Department of Treasury may amend the SLFRC regulations during the term of this Agreement and agree to comply with any applicable amended regulation. Parties certify 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, the Parties shall comply with all federal, state, and local laws. CITY OF IOWA CITY 06/06/2023 m4dr Date M Shelly%ll� \ DatePresid�t� a CEO ) w Enrollment and Request for Reimbursement Process or replace any of the other official program documents which shall be the controlling documents of the program — including but not limited to the actual agreements that may be entered into with the child care providers.) ° A child care center must submit an application for enrollment into the Child Care Wage Enhancement Program. Applications will hesubmitted electronically toJohnson County Social Services at: snda|eemiceo@johosonozuntyiovva.gnv. ` A committee that includes representation from BT2030, City of Iowa City, Johnson County, United Way and/or other stakeholders will review applications to determine eligibility and award funding, ~ Johnson County Social Services will email notification of Center eligibility within 15 business days of receiving the completed application. ° After a Center receives email notification of approval for the Wage Enhancement Program, the Center may begin inviting eligible employees tocomplete the staff enrollment form for the Wage Enhancement Program, " The Center Director/Administrator will collect and submit staff enrollment forms e|eut[oniom||ytosooia/aen/ices@johnsonoountyiowa.gov. ° Johnson County Social Services will email notification of staff eligibility to the Center Director/Administrator, After enrollment, the Center is eligible for reimbursement for the wage enhancement of up to $2.00 per hour for full time employees. The Wage Enhancement must not supplant the WAGE$ Program, If an employee is eligible for or enrolled in the WAGE$ Program and their wage is over $17.99 they will only be eligible to receive a wage enhancement that would bring their wage to $19.99 inorder to remain eligible for VVAGE$. For example, ifanemployee enrolled inVV&GE$ is earning $18.50 and is approved for the Wage Enhancement Program, the wage enhancement would not exceed $1.4D. A Center may begin receiving reimbursement for wage enhancements at the beginning of the first pay period following verification of employee eligibility, Reimbursement will begin after the employee's wages have been increased, The Center must submit a monthly billing invoice using the template provided by Johnson County Social Services, The monthly invoice will include all payroll dates for the month including dates of payment and dates covered during the pay period, The billing invoice must be submitted by the 15,1, ofthe following month. Iffil The County will issue reimbursement within 20business days following receipt of the invoice, provided that all ofthe County's requirements are met and the Provider remains eligible ondiD good standing within the Program. The Center is responsible for notifying Johnson County Social Services of any changes in employment status for participating employees including, but not limited to, changes in hours, wage, and position. If an enrolled employee's hours average less than 32 hours per week for more than two consecutive months a review will occur to determine continued eligibility, Employees ineligible for the Wage Enhancement Program include: part-time (less than 32 hours/week), temporary employees, staff funded through the Statewide Voluntary Preschool Program, Before and After School Program Staff; and support staff such as janitorial, kitchen, and office personnel, Reporting Period Report Due July — September October 20 October — December January 20 January —March April 20 April—June July 20 End of Year (July -June) July 20 ° ACenter that isnot 1nprogram compliance may be provided with the opportunity to achieve compliance. A Center that is unable to reach or sustain program compliance will be removed from the Wage Enhancement Program. &low % of total child care budget covered by Federal, State and Local grants (excluding CCA, C/uCFP,Statewide Voluntary Preschool, Stabilization Grmnts). High 9&infant slots. 1 High96ofenrollment onCCA. 4. Higb96ofinfants enrolled DnCCA. IN Points 100 7 S 0 Priority 1 Nona of child care 10% or less of child Between 11% and Over 20% of child program budget care program 20% of child care care program comes from budget comes program budget budget comes considered grants from considered comes from from considered grants considered grants grants Points 3 2 1 0 Priority 2 More than 20% of 11-20% of the slots 10% or less of the None of the slots slats are for ages are for ages 0-2 slots are forages are for ages 0-2 0-2 0-2 Priority 3 More than 50°® of Between 40% and Between 30% and Between 20°® and slots are filled with 5016 of slots are 40f of slots are 30% of slots are CCA children filled with CCA filled with CCA filled with CCA children children children Priority 4 More than 50% of Between 40Y6 and Between 30% and Between 2016 and Infant slots are 5061 of Infant slots 4061 of infant slots 30916 of infant slots filled by children are filled by are filled by are filled by enrolled in CCA children enrolled in children enrolled in children enrolled in CCA CGA CCA romeaPoints from- each ch column `total Points it Subrecipient hereby certifies that the grant will boconducted and administered in compliance with: (1) Title VU of the Ck/U Rights Act of 1964 (Pub. L $8'352; 42 U.S.C. 2000d, et Leg.) and implementing regulations issued at24CFR Part 1; CD Title VU| of the Civil Rights Act of 1968 (Pub. L 90-284; 42 U.S.C. 3601, et leg.), as amended; and that the grantee wU| administer all programs and activities related to housing and community development hnamanner toaffirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 2974, as amended; and the regulations issued pursuant thereto; Nl Section 3ofthe Housing and Urban Development Act of1BG&,anamended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issued ot41 CPR Chapter 60, (6) Executive Order 11063, as amended by Executive Orders 12253, and implementing regulations mt24CFR Part 1D7; /7l Section 504 of the Rehabilitation /\ot of 1973 (Pub. L. 93-112)/ as amended, and implementing regulations when published for effect; (8) The Age Discrimination inEmployment Act of1975/Pub.L94-195\,axamended, and implementing regulations when published for effect; (9) The relocation requirements of Title || and the acquisition requirements of Title ||| of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD implementing regulations set forth in24CFR Part 42; (l[) Executive Order 11988relating tothe evaluation offlood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution; (l%) The flood insurance purchase requirements of Section 102(o) of the Flood Disaster Protection Act of1973/Pub.L93-234\; (12) The applicable regulations, policies, guidelines and requirements ofOMB Circular Nos, A-1O2,Revised, 24CPR Q5 and Subpart Jof24CFR S7O'A,O7^A-11O,A,122,Ar22Qand A-133asthey relate to the acceptance and use of federal funds under this federal ly-assisted program; (I3) The Clean Air Act (42U.S.C.74O1et.aeq.)asamended; particularly section 17G(c)and (d)[42U.S.C.75O6(dand (d}]; /14\ The Safe Drinking Water Act of1974(42U.S.C.201,3OOH1et.scQ,and Z1U&C'349) as amended; particularly section 1424 (e) (42 U.SX. 300 (h)-303 (e)); IM (15) The Endangered Species Act of 1973 (16U�C� 1531 et, Seq.)as amended; including but not limited tosection 7(16U.&C. 1536)thereof, O6\ The Reservoir Salvage Act of1g6O91G U.S.0 469 et.meq.); particularly section 3 (16 U.&C.46Vu-l)|asa�uended hvthe Archeological eodEimborimdP/csorvat1onAc of 1974; (I7) Flood Disaster Protection Act of2973/42U.S.C.40U1et.eeq.\asamended; particularly sections IO2(a) and 2D2(o)[42U.S'C.4OI2a(a)and 41O6(m)]; . (IX) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. Seq.); particularly sections 2and 5; (19) Lead -Based Paint Poisoning Prevention requirements of2SCFR Part 35 issued pursuant tothe Lead -Based Paint Poisoning Prevention Act (42U.S.C.4O21et.seq.); CI[H The National Historic Preservation Act of19GG {15 U.S.C. 470etaeq.) as amended; particularly section 1OG(16U.G.C.470f);and (ZI) Executive Order 11593,Protection and Enhancement ufthe Cultural Environment, May 13,1971(35FR8921etseq.);particularly section 2(c). (22) Construction work financed in vvhokm or in part with federal funds is subject to the prevailing wage requirements ofthe Davis -Bacon Act (29 CFR, Parts 3and 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 m/U|beinoorporated|ntothisconLractdocumantand shall bmincorporated into o||construction contracts and subcontracts ofany tier thereunder, (23) No ARPA funds may be expended for lobbying purposes and payments from other sources for lobbying must bedisclosed (24CFR Part O7). (a) No federally appropriated funds have been or will be pok[ by or on behalf of subrenip|ent, tnany person for influencing orattempting boinfluence 8nofficer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of e Member of Congress in connection with the awarding ofany federal contract, the making ofany 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, grantloan, orcooperative agreement. (b) Ifany funds other than federal approoriatedfundshavebmenpaidormiUbepaidto 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 aCCDrdance with its instructions, (24) Where asbestos is present in property undergoing rehabilitation, Federal requirements im] (25) Compliance with Applicable Law and Regulations. (a) Subrecipient agrees tocomply with the requirements of sections E02and G03of the Act, regulations adopted bvTreasury pursuant hosections 602(f)and 603(f)of the Act and guidance issued by Treasury regarding the foregoing. Subneuipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Subreclplen1shm|/ provide for such compliance by other parties inany agreements itenters into with other parties relating tothis award. (b) Federal regulations applicable to this award include, without limitation, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2CF,K.Part 2OO 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 tothis award. |i. Universal Identifierand System for Award Management (SAM), 2 C,F,R. Part 25, pursuant to which the award term set forth inAppendix 4tm 2 C.F.R. Part 25 is hereby incorporated bvreference. iii. RaportingSubawmrd and Executive Compensation Information, 2C.F.R. Part I70, pursuant to which the award term set forth in Appendix Ato 2 C.F.R. Part 17O|shereby incorporated bvreference. |v. OMB Guidelines toAgencies onGovernmentwideDebarment and Suspension (NnnproounemeRt),2C.F.R. Part 180, including the requirement to include term 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 tV2C.F.R.Part 18Oand Treasury's implementing regulation at31C.F.R.Part 19. v, Recipient Integrity and Performance Matters, pursuant to which the award term sat forth in 2 C.F.K. Part 200, Appendix XII to Port 200 /s hereby incorporated byreference, vi Governmentv}deRequirements for Drug -Free Workplace, 31C.F.R.Part 2n. vii, New Restrictions oD Lobbying, 31 C.F.H. Part 21, viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42U&C.§§ 4GO1-485S) 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 Y|ofthe Civil Rights Act of18G4/42U.S.C.§§20O0detseq.\and Treasury's implementing regulations at 31C.F.M. Part 22, vvhlrh prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving �� federal financial assistance; U. The Fair Housing Act, Title NUof the Civil Rights Act of 1968 (42U�.C.§§ 3601 et seq.), xvhid` prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; fil. 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 (42U��§§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination VUthe basis ofage lnprograms m[activities receiving federal financial assistance; and - V, Title Uof the Americans with Disabilities Act of 1990, asamended (42U��§§ 12101 et seqlwhich prohibits discriminatiun on the basis ofdisability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto, (26) Hatch Act. Subreciplent agrees to comply, as applicable, with requirements of the Hatch Act (5U.S.C.H15O1'1GO&and 7324-732Q)which limit certain political activities ofState 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) inaccordance with 41MI�§ 4712 Subreciphentmay 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, agross waste offederal funds, anabuse ofauthority relating toafederal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to o federal contract (including the competition for mrnegotiation ofacontract) orgrant, (b) The list ofpersons and entities referenced in the paragraph above includes the following: I. Amember ufCongress orarepresentative ofucommittee ofCongress; iL AnInspector General; Ill. The Government Accountability office; iv, A Treasury employee responsible for contract or grant oversight or management; V, Anauthorized official nfthe Department ofJustice orother law enforcement agency; vi. 400urtorgrand jury; or vil, A management official or other employee of Subreciplent, contractor, 8e. or address misconduct, (c) 3ubreopient shall inform its employees in writing ofthe rights and remedies provided under this section, in the predominant native language of the 11100 we or personally owned vehicles, HIM .14 il:iillll�Ill, 1111 111 111111 enforce policies that ban text messaging while driving, and Subreciplent should establish workplace safety policies to decrease accidents caused by distracted drivers, Subrecipient sha.11 comply with the following: W 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 stool 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 ofnon-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. M Item Number: 9.h. CITY OF IOWA CITY �--'°�'��� COUNCIL ACTION REPORT June 6, 2023 Resolution to remove Commission member Boniface Penandjo Lemoupa from the Parks and Recreation Commission due to multiple unexcused absences. Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Juli Seydell Johnson, Parks and Recreation Dept. Director Fiscal Impact: none Staff Recommendation: Approval Commission Recommendations: Approval Attachments: Minutes 04-12-2023 Approved.pdf Resolution Executive Summary: The by-laws for the Parks and Recreation Commission provide that a recommendation may be made to Council to remove a member who has had 3 unexcused absences. Boniface Penandjo Lemoupa has had 7 unexcused absences in the last year, and the Commission recommends Council remove him. Background / Analysis: Article III, Section 3 of the Parks and Recreation Commission By -Laws provides 3 unexplained absences of a Commission member may result in a recommendation by the Commission to City Council to remove the member and appoint a new member. Commissioner Boniface Penandjo Lemoupa had unexcused absences from the Parks and Recreation Commission on April 13, 2022, July 13, 2022, October 12, 2022, November 9, 2022, January 11, 2023, February 8, 2023, and April 12, 2023. On April 12, the Parks Commission passed a motion recommending City Council remove him from the Commission. Section 372.15 of the Iowa Code governs the process for removal of all persons appointed to city office and includes notice and the right to be heard. If the resolution is passed, the Clerk will send Boniface Penandjo Lemoupa a copy of the resolution by certified mail. Upon written request within 30 days of the date of mailing a copy of the resolution, he will be granted a public hearing before the Council on all issues connected with his renewal. Following the public hearing, Council will either confirm its earlier decision of removal or reinstate Boniface Penandjo Lemoupa to the Commission. If no hearing is requested, removal shall be effective 30 days after the date on which a copy of the resolution is mailed. If a hearing is requested, he will remain on the Commission pending final resolution by Council. IOWA CITY PARKS & RECREATION COMMISSION APPROVED MINUTES OF APRIL 12, 2023 ROBERT A. LEE RECREATION CENTER — MEETING ROOM B Members Present: Alex Hachtman, Brian Morelli, Melissa Serenda, Connie Moore, Rachel McPherson, Doloris Mixon, Missie Forbes, Members Absent: Boniface Penandjo Lemoupa, Staff Present: Tyler Baird, Matt Eidahl, Gabe Gotera Others Present: Sue Protheroe, Jerry Protheroe CALL TO ORDER: Chairman Hachtman called the meeting to order at 5:00 p.m. RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): Moved by Moore, seconded by Forbes to recommend removing Commissioner Boniface Penandio Lemoupa from the Parks & Recreation Commission due to unexplained absences. Motion passed 7-0 (Lemoupa Penandio Absent) OTHER FORMAL ACTION: Moved by Forbes, seconded by Serenda to move Item 7, "Consider the recommendation to remove Parks & Recreation Commission member due to unexplained absences" & Item 8, "Election of Vice Commission Vice Chair" to the top of the agenda. Motion passed 7-0 (Penandio Lemoupa absent). Moved by Mixon, seconded by Serenda, to approve the February 8, 2023 minutes as written. Motion passed 7-0 (Penandio Lemoupa absent). Moved by Mixon, seconded by Morelli to elect Connie Moore as Vice -Chairman of the Parks and Recreation Commission. Motion passed 7-0 (Penandio Lemoupa absent). CONSIDER RECOMMENDATION TO REMOVE PARKS & RECREATION COMMISSION MEMBER DUE TO UNEXPLAINED ABSENCES — Chairman Alex Hachtman Chairman Hachtman explains that according to the Commission bylaws, if a commission member has had several unexplained absences in a row, the opportunity arises to recommend removing that member. Hachtman recalls the lack of quorum at the attempted March 2023 meeting for consideration. Commissioner Morelli asks if attempts to reach out to Commissioner Penandjo Lemoupa have been made. Hachtman and Acting Director Baird confirms this and adds that the last meeting Penandjo Lemoupa had attended was March 2022. PARKS AND RECREATION COMMISSION April 12, 2023 Page 2 of 8 Moved by Moore, seconded by Forbes to recommend removing Boniface Lemoupa Penandio Lemoupa from the Parks & Recreation Commission due to unexplained absences. Motion passed 7-0 (Lemoupa Penandio Absent) PUBLIC DISCUSSION OF ANY ITEMS NOT ON THE AGENDA: Sue Protheroe introduces herself as a City Park Pool user since 1979 and makes the point that while she loves the pool as is, she welcomes updates to the tub design and to the surrounding area. Protheroe recalls listening to the podcast Watts Happening by local developer Gary Watts, who on April 4, 2023 interviewed Iowa City City Manager Geoff Fruin. Protheroe quotes Fruin as calling City Park Pool "truly a unique gem here in Iowa City". Protheroe describes Fruin as talking about the pool's age and issues before quoting Fruin as saying, We'll be moving into a design phase because we anticipate the reconstruction of that pool in 2025. We need to find a balance between preserving the unique character while also making sure that we're welcoming all types of swimmers and all types of users of different abilities. Right now, the pool is really fantastic if you are a lap swimmer. For people just beginning, just becoming swimmers, that pool is not as welcoming. We'll be going through a design process here probably in the next year. Protheroe discusses two concerns. The first concern being that Fruin has skipped over the first four steps in the City's RFQ. These steps are to review data, evaluate the current conditions of the facility, prepare a report of current conditions, and present the report to City Council, letting City Council decide whether to renovate or rebuild. Protheroe questions whether City staff view the process laid out by the RFQ as words on paper or as a process created to find the best outdoor pool for the community. Protheroe's second concern is that both Fruin and Juli Seydell Johnson are pushing a narrative that City Park Pool isn't welcoming and are pitting lap swimmers against other users. Protheroe says that while the pool entrance and bath house have issues, the City's own data does not support the claim that the pool itself isn't welcoming and goes further to say that she rejects this narrative. Protheroe says that when the claims of [City staff] aren't data driven, the entire process feels disingenuous. Protheroe closes by saying one of the reasons that City Park Pool is a gem is because the design allows many groups of users, including non- swimmers to happily co -exist. Protheroe says that while moving forward in the repair process, she would love to see City staff working with the community to arrive at a solution that works for everyone. Jerry Protheroe introduces himself as a fan of City Park Pool before thanking the Commission for their volunteer work. Protheroe says that he's heard talk about the pool being intimidating, and acknowledges that even sometimes he, an accomplished strong swimmer, can be intimidated at City Park Pool before asking for recognition of the fact that this is describing 50 -meter lap swim hours. Protheroe does make a point to recognize and thank the City for the expanded morning lap swim hours. Protheroe describes this time as being well attended with 2-3 people swimming per lane which can sometimes make swimming a bit chaotic. He makes the distinction that City Park Pool does not have ropes which can add to any feelings of intimidation, but also that there are no instructions about how to swim in the facility, no depth instructions, and no instruction from staff. Protheroe adds that the usual swimmers are very welcoming and teaches new swimmers how to circle swim and how to properly use the pool during lap swim hours. Protheroe says that all his points do not point to a pool design issue, but rather a programming problem, and that while some may be intimidated by the design, a 50 -meter lap swim should be, by nature, challenging. Protheroe closes by passing out a handout regarding City Park Pool - Back to the Future Vision, a fast-growing group that wants to engage with the community in a positive way, and to not always be complaining. PARKS AND RECREATION COMMISSION April 12, 2023 Page 3 of 8 PRESENETAION OF IOWA CITY STRATEGIC PLAN — Megan Alter: At -Large. Mayor Pro Tem Megan Alter: At -Large, Mayer Pro Tem, presented the attached PowerPoint presentation to the Parks and Recreation Commission regarding the City's Strategic Plan for FY23-FY28. Commissioner Morelli asks where the Strategic Plan is currently in the process, specifically if the plan has been approved and finalized. Alter replies that that Strategic Plan was approved in December of 2022 and has been finalized into the document that the City can be held to. Commissioner Forbes asks how projects that are currently being funded by the American Rescue Plan Act (ARPA) are anticipated to be sustained after funds are run dry. Alter says this can be seen by looking at some of the commitments that are on the Strategic Plan. Alter says that applications are being taken in for underestimated business entrepreneurs and small business folk, being funded with four million dollars of ARPA funds for brick -and -mortar projects but also for programming. Alter adds that this would not be a one -and -done deal and that the City is looking for projects that can be sustainable in their own right. Alter continues that there is an awareness present now that the City must be able to support the projects that are funneled through ARPA. Alter makes the clarification that this is not the case for all, as some projects are end capped, but that discussions will take place on how projects can be more sustainable and how much will the City be willing to commit. Commissioner Morelli asks how the Strategic Plan will come to fruition and be measured against decisions made by the City Council for accountability. Alter responded that while there is no rubric, the trick would lie in working hard to get the Council to stick to the plan, especially when there are so many different perspectives to consider during meetings. Alter says that the plan will be used as a prioritization guide to determine how to adapt as something important crops up. The Plan will be used to guide what projects will move forward, what kind of give-and-take must happen between projects to make something happen, and deciding what projects get moved out of the way for the time being. Acting Director Baird comments about how the Strategic Plan can be used for daily work, announcing that the plan has been seen by all of the Parks Staff, who appreciate having the Plan as a long-term roadmap that can be used as a lens for daily decision-making. RECREATION DIVISION GOALS — Assistant Recreation Superintendent Matt Eidahl: Assistant Recreation Superintendent Matt Eidahl introduces himself having worked for the City for 23 years with the last several years worked as the Assistant Recreation Superintendent. Eidahl explains how the Recreation Division Goal Setting and Performance Measurement Plan is derived from the 2022 Recreation Masterplan through which, vital feedback and information was received from stakeholders, community members, and staff regarding current and future programs. Eidahl adds that information was also received regarding barriers that may prevent people from participating recreation programming. Eidahl says that over the past 4 months, Recreation staff has used this feedback to create the framework for this plan by establishing 5 different strategical themes oh what they want to accomplish in the next 10 years. Within these five strategical themes, staff came up with measurable goals. Eidahl says that when goals are measured, it can be seen what goals are accomplished, ultimately helping keep staff on task while making sure that they are held accountable and transparent. PARKS AND RECREATION COMMISSION April 12, 2023 Page 4 of 8 Eidahl describes the first strategic theme, Community Connections which would connect new audience and enhance public awareness of the Department's programs, facilities, and amenities. Eidahl says that Community Connection goals would include, • Utilize language translation staff and technology to provide welcoming facilities and programs that reach a broader community base. • Provide equitable access to information through various channels to engage the community in fresh and innovative ways. Eidahl describes the second strategic theme, Recreation Programming, where staff would engage with the community through programming, activities, and events that are intentionally designed to best align with their needs. Eidahl lists the Recreation Programming Goals as, • Consistently deliver high-quality programs and services that are in -touch with the needs of the community. • Grow participation in and access to learn -to -swim opportunities. • Develop educational and skill -developing programming that focuses on lifelong benefits of outdoor exploration, bicycle safety, and STEAM • Provide adults the resources. Program opportunities and equipment access that promote active living, lifelong fitness, and healthy lifestyles. • Provide satisfying, positive experience through quality recreation programs, and services that meet or exceed customer expectations. Eidahl describes the third strategic theme, Diversity, Equity, and Inclusion which would promote community well-being through facilities, programs and services that instill a sense of belonging, inclusion and are accessible to all. The Diversity, Equity, and Inclusion goals would include, • Provide ongoing training and tools to increase employee skill and ability in applying equity best practices and services. • Deliver recreation experience that are accessible to various neighborhoods to reduce the need for transportation • Ensure that needs -based financial support for program and services are readily available, promoted, and utilized. Eidahl describes the fourth strategic theme, Partnerships and Outreach which would work to strengthen community relationships and partnerships Eidahl says that the goal will be strengthen outreach and engagement relationships with community-based organizations. Eidahl describes the fifth strategic theme, Team Development would maintain a well-trained, high - performing, and cross -capable division team. Eidahl says that the goal will be to ensure that staff have the opportunity to learn through continued education and training. Chairman Hachtman appreciates the work put into the plan, saying that when performance is measured, performance is improved. Hachtman asks what opportunities are planned for reporting back. Eidahl says that update reports will be given to the Commission and the City Council annually but that if Commissioners want reports on seasonal accomplishments, that could be worked out as well. Chairman Hachtman leaves the meeting at 5:58pm. Commissioner Morelli leaves the meeting at 6:03pm PARKS AND RECREATION COMMISSION April 12, 2023 Page 5 of 8 MECER PARK ATHLETIC FIELDS PROJECT — Eric Hornig; Hitchcock Design In a pre-recorded video, Eric Hornig of Hitchcock Design presents the proposed designs for the Mercer Park Athletic Fields Project in the attached PowerPoint presentation. Hornig explains how the project is meant to address the aging infrastructure of the athletic fields at both Mercer Park & City Park while maintaining a key focus on safety and accessibility. Staff had met with stakeholder groups, including those involved with Pickleball/Tennis and Baseball in the area, to determine what would be desired in the renovation. Hornig details how the proposed plans for Mercer Park Field 1 would include updates to the lighting, bleachers, spectator areas, edge drainage, and potential improve the grading. Mercer Park Field 4 would see updates to the fencing, pathing, dugouts, bleachers, spectator areas, and improvements to both the grading and drainage. Hornig says that the Mercer Park Tennis & Pickleball courts would receive updated aisles, nets/posts, fencing/windscreens, asphalt surfacing, color coating, striping and a backboard in the project. Hornig explains that to accommodate the regular use of the courts, the number of Tennis Courts would be reduced to 2 while the Pickleball Courts would increase to 9. Hornig says that the Core Area of the fields and courts would receive a new concrete basing while reworking the existing stairs/ramps for to create a more accessible space. Hornig adds that space for the Memorial in the Core Area would be preserved. Hornig explains that the City Park Tennis Courts would receive the same updated amenities as Mercer Park and would include 6 Tennis Courts, including the striping for a single pickleball overlay per court. Hornig details that Basketball Court would remain a half court with new surfacing and standards. Hornig adds that there would be minor walkway adjustments to the nearby area. Hornig wraps up his presentation, explaining the schedule of the project. Design development and input gathering took place, October - February. Construction Documentation, the current phase started in February and would end in April. The Bidding process would begin sometime in the late -spring early - summer with construction beginning potentially as early as July. Acting Director Baird explains that he will answer questions on the project in lieu of Hornig. Commissioner Forbes asks if there is any worry that there will be no bids on the project. Acting Director Baird explains that while this would always be a possibility, he does not see it as likely in this case as past park projects always have a decent amount of interest and multiple bids from bidders. Vice -Chairman Moore refers to Pickleball Players interest in additional seating and asks if these would be included in the proposed designs. Acting Director Baird explains that the aisles were a larger focus than seating in the actual design, but that enough space would be added to the aisles to create the opportunity to add seating after the project is complete. Baird adds that the aisles also allow more fencing in between the courts to allow more ball control and stop balls from rolling into other games. REPORT ON ITEMS FROM CITY STAFF Assistant Recreation Superintendent — Matt Eidahl Programming: Acting Rec Supt. Eidahl announces that the Summer Activity Guide is out, with Summer Registration for programming opening on April 18 for Iowa City residents and April 19 for non-residents. Vice -Chairman Moore asks hiring for summer programs is coming along. Eidahl says that Recreation Customer Service is at a stable amount, Aquatics could use more swim instructors, but that the main areas PARKS AND RECREATION COMMISSION April 12, 2023 Page 6 of 8 where staff is lacking would be Summer Camps and possibly the Famers' Market. Commissioner Mixon asks what kind of work staff at the Farmers' Market would do. Admin Coord. Gabe Gotera explains that work would involve looking over set up & tear down of the market, making sure that vendors are in their correct spots, and managing the token exchange. Vice -Chairman Moore asks when water will be turned on at the Dog Parks. Baird says that water was turned on at the Thornberry Dog Parks that day, April 12. Baird explains that Rita's Ranch Dog Park is being reseeded and aerated due to the amount of turf damage over the winter but makes that point that the water will be turned on when the dog park is open for the year. Parks & Forestry Superintendent— Tyler Baird Parks & Trails: Acting Director Baird says that nearly all restrooms and drinking fountains in the parks are open. Baird explains that this process is heavily weather dependent and can be delayed by recent snow fall. Baird says that work is continuing this spring on the single stack off-road bike trail system, which would be in the Terrell Mill Park area. Baird details that mowing will take place soon, and that a lot of recent focus has been on the athletic fields due to the large number of events this spring. Tree Planting: Baird details 3 different planting events that are planned at James Allen McPherson Park, Napoleon Park, & City Park with Commissioners getting a closer look at the process during the next Commission Meeting at James Allen McPherson park. Baird says that while staff does handle some of the planting projects, there will be a large contract that would regard planting around 300 trees this year. Baird explains that the contract for the tree planting projects is close to being finalized. Vice -Chairman Moore asks what types of tree are planned to be planted. Baird explains that across the city, there are about 30 different species of trees, all spread out across the genus level. Baird details the importance of this diversity and not just planting 15 different types of Oaks and Maples, pointing at the Emerald Ash Borer which targets and kills all species of Ash Tree. Commissioner Serenda explains that there are many utility flags still planted from last years contracted tree planting and asks if this is something that the contractors can remove as soon as they are not needed. Baird says that the contractors should be removing them as they are done to not confuse homeowners. Baird make the point to share this note with the contractor. Commissioner Serenda asks if there are any future plans to convert more land into prairies. Baird responds that any upcoming plans would involve small pieces and enhancements to some that were recently established. Baird says that a lot of the larger areas have already been covered but that the department is open to suggestions and working with the neighborhoods to. Baird mentions that there was a recent request to add prairie near Scott Park, to the opposite side of the road from the dam Intercultural Development Inventory Assessment: Baird talks about the Intercultural Development Inventory (IDI) assessment that is recommended for Commission Members to take part in. Baird adds that staff involved with the Commission are already signed up. Baird describes the IDI as a 50 question self-assessment to determine any biases that an individual may have. Baird continues that after the assessment, there would be a private debrief with a member of the contracted company to explain your results, what they mean, and how to work moving forward. Baird says that the Human Rights Commission all took part in the assessment and found it valuable enough to suggest that it be made to other commissions. PARKS AND RECREATION COMMISSION April 12, 2023 Page 7 of 8 CHAIRS REPORT: None COMMISSION TIME/SUGGESTIONS FOR FUTURE AGENDA ITEMS Commissioner Serenda invites others to the South District Neighbors Association annual team up event on Sunday, April 23 at loam. Serenda describes the event as the neighborhood coming together to clean up trash, refresh flower beds along Broadway St, and working on the Edible Forest in Weatherby Park. Commissioner Forbes asks where people would meet up for the event. Serenda responds that the Neighborhood Centers location is along Broadway St. Commissioner Mixon asks for clarification on what the Edible Forest is? Serenda explains how Backyard Abundance has fruit trees and various other vegetation in Weatherby Park for people can forage freely from. ADJOURNMENT: Vice -Chairman Moore adjourns the meeting at 6:26 p.m. PARKS AND RECREATION COMMISSION April 12, 2023 Page 8 of 8 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD NAME N N N N N N N N N N N N N N N N M N M N M N M N M M M O qT N a) � 00 00 N TERM vkn � � r- l� 00 O\ O �--i e4 N � r -4N en M qT qT EXPIRES Missie 12/31/25 X O/E X X X X X NM X O/E LQ X Forbes Alex 12/31/24 X X X X X X X NM X X LQ X Hachtman Rachel 12/31/26 * * * * * * * * X X LQ X McPherson Doloris 12/31/26 * * * * * * * * X X LQ X Mixon Connie 12/31/25 * * * X X X X NM X X LQ X Moore Brian 12/31/25 X X X O/E X X X NM X X LQ X Morelli Christopher 12/31/24 O/E X O/E X O/E O/E O/E NM X O/E LQ Odinet Boniface 12/31/23 O O/E O O/E O/E O O NM O O LQ O Penandjo Lemou a Melissa 12/31/23 X X X X X X X NM X X LQ X Serenda KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting LQ = No meeting due to lack of quorum * = Not a member during this meeting ,-t Prepared by:Susan Dulek, First Asst. City Att'y, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 Resolution No. 23-172 Resolution to remove Commission member Boniface Penandjo Lemoupa from the Parks and Recreation Commission due to multiple unexcused absences. Whereas, Article III, Section 3 of the Parks and Recreation Commission By -Laws provides three (3) unexplained absences of a Commission member may result in a recommendation by the Commission to City Council to remove the member and appoint a new member; and Whereas, City Council appointed Boniface Penandjo Lemoupa to the Parks and Recommendation Commission; and Whereas, Commissioner Boniface Penandjo Lemoupa had unexcused absences from the Parks and Recreation Commission on April 13, 2022, July 13, 2022, October 12, 2022, November 9, 2022, January 11, 2023, February 8, 2023, and April 12, 2023; and Whereas, Section 372.15 of the Iowa Code governs the process for removal of all persons appointed to city office and includes notice and the right to be heard; and Whereas, on April 12, 2023, the Parks and Recreation Commission passed a motion recommending City Council remove Boniface Penandjo Lemoupa from the Parks and Recreation Commission. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Pursuant to Article III, Section 3 of the Parks and Recreation Commission by-laws and Section 372.15 of the Iowa Code, Boniface Penandjo Lemoupa is removed from the Parks and Recreation Commission. 2. The City Clerk is directed to mail a copy of this resolution to Boniface Penandjo Lemoupa by certified mail. 3. Boniface Penandjo Lemoupa, upon written request filed with the City Clerk within thirty (30) days of the date of mailing a copy of the resolution, shall be granted a public hearing before the Council on all issues connected with his removal. The hearing shall be held within thirty (30) days of the date the request is filed unless Boniface Penandjo Lemoupa reasonably requests a later date. Following the public hearing, the Council will either confirm its earlier decision of removal or reinstate Boniface Penandjo Lemoupa to the Parks and Recreation Commission. 4. If no hearing is requested by Boniface Penandjo Lemoupa, removal shall be effective thirty (30) days after the date on which a copy of the resolution is mailed to Boniface Penandjo Lemoupa. If a hearing is requested, Boniface Penandjo Lemoupa shall remain on the Parks and Recreation Commission pending final resolution by City Council. Resolution No. 23-172 Page 2 Passed and approved this 6th day of June r Approved by City Attorney' Office (Sue Dulek — 05/25/2023) It was moved by Alter adopted, and upon roll call there were: DD AYES: NAYS 2023. i Attest: Ci Clerk and seconded by Thomas the Resolution be ABSENT: Alter Bergus Dunn Harmsen Taylor Teague Thomas CITY OF IOWA CITY City Hall 410 E.Washington St. Iowa City, IA 52240-1826 1g )23 of 2 9171 9690 0935 0249 9682 50 Zont4c-e- C-C)l Sf , + 10 5 L�O �fI O N tzr i'qF,Prv, it aN'„ •tea. •y{• tit':.0 J Ill�w•LL 4' IJ 60 71• _ _-1 IjjW SSA, afi 7 -a la'uIN s C co v U ul O) { V 1.ol itll N ..��� � I � (D IV 0) r O :y a AAS 0) co U10 N OD `)O N O 0 r-4 LM S Q w r� N