HomeMy WebLinkAbout2009-09-29 Resolution„~,
September 29 ~ 2009
The City Council of the City of Iowa City, State of Iowa, met in
regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa, at ~ : o0 o'clock P .M., on the above date. There were present
Mayor Bailey , in the chair, and the following named Council Members:
Bailey, Champion Correia Hayek O'Donnell, Wilburn.
Wright
Absent: None
*******
3e 1
Council Member Champion introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $10,000,000 PARKING SYSTEM REVENUE REFUNDING CAPITAL
LOAN NOTES, SERIES 2009F, OF THE CITY OF IOWA CITY, STATE OF IOWA,
AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the
same be adopted. Council Member Hayek seconded the motion to
adopt. The roll was called and the vote was,
AYES: Bailey, Champion, Correia, Hayek, O'Donnell,
Wilburn Wright
NAYS: None
Whereupon, the Mayor declared the Resolution duly adopted as follows:
Resolution No. 09-310
RESOLUTION FIXING DATE FOR A MEETING ON THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE
OF NOT TO EXCEED $10,000,000 PARKING SYSTEM REVENUE
REFUNDING CAPITAL LOAN NOTES, SERIES 2009F, OF THE CITY
OF IOWA CITY, STATE OF IOWA, AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Iowa City, State
of Iowa, should provide for the authorization of a Loan Agreement and the issuance of
Parking System Revenue Refunding Capital Loan Notes, Series 2009F, in the amount of
not to exceed $10,000,000, as authorized by Sections 384.24A, 384.82, and 384.83, Code
of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter
described; and
WHEREAS, the Loan Agreement and Notes shall be payable solely and only out
of the net earnings of the Municipal Parking System and shall be a first lien on the future
net earnings of the Utility; and shall not be general obligations of the City or payable in
any manner by taxation and the City shall be in no manner liable by reason of the failure
of the net revenues to be sufficient for the payment of the Loan Agreement and Notes;
and
WHEREAS, before a Loan Agreement may be authorized and Parking System
Revenue Refunding Capital Loan Notes, Series 2009F issued to evidence the obligation
of the City thereunder, it is necessary to comply with the provisions of the City Code of
Iowa, as amended, and to publish a notice of the proposal and of the time and place of the
meeting at which the Council proposes to take action for the authorization of the Loan
Agreement and Notes and to receive oral and/or written objections from any resident or
property owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA:
Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E.
Washington, Iowa City, Iowa, at 7 : o0 o'clock P .M., on the 6th day
of October , 2009, for the purpose of taking action on the matter of the
authorization of a Loan Agreement and the issuance of not to exceed $10,000,000
Parking System Revenue Refunding Capital Loan Notes, Series 2009F, to evidence the
obligations of the City thereunder, the proceeds of which will be used to provide funds to
pay the costs of the refunding of outstanding parking revenue indebtedness, including the
Series 1999 Parking System Revenue Bonds.
Section 2. The Clerk is authorized and directed to proceed on behalf of the City
with the negotiation of terms of a Loan Agreement and the issuance of Parking System
Revenue Refunding Capital Loan Notes, Series 2009F, to a principal amount of not to
exceed $10,000,000, to select a date for the final approval thereof, to cause to be prepared
such notice and sale information as may appear appropriate, to publish and distribute the
same on behalf of the City and this Council and otherwise to take all action necessary to
permit the completion of a loan on a basis favorable to the City and acceptable to the
Council.
Section 3. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of the meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in the City. The
publication to be not less than four clear days nor more than twenty days before the date
of the public meeting on the issuance of the Notes.
Section 4. The notice of the proposed action shall be in substantially the following
form:
NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF
IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE
PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE
ISSUANCE OF NOT TO EXCEED $10,000,000 PARKING SYSTEM
REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009F,
AND THE PUBLIC HEARING ON THE AUTHORIZATION AND
ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City,
State of Iowa, will hold a public hearing on the day of ,
2009, at o'clock .M., in the Emma J. Harvat Hall, City Hall, 410 E.
Washington, Iowa City, Iowa, at which meeting the Council proposes to take additional
action for the authorization of a Loan Agreement and the issuance of not to exceed
$10,000,000 Parking System Revenue Refunding Capital Loan Notes, Series 2009F, in
order to provide funds to pay the costs of the refunding of outstanding parking revenue
indebtedness, including the Series 1999 Parking System Revenue Bonds. The Notes will
not constitute general obligations or be payable in any manner by taxation, but will be
payable from and secured by the net revenues of the Municipal Parking System.
At the above meeting the Council shall receive oral or written objections from any
resident or property owner of the City, to the above action. After all objections have been
received and considered, the Council will at this meeting or at any adjournment thereof,
take additional action for the authorization of a Loan Agreement and the issuance of
Notes or will abandon the proposal to issue the Notes.
This Notice is given by order of the City Council of the City of Iowa City, State of
Iowa, as provided by Sections 384.24A and 384.83 of the City Code of Iowa, as
amended.
Dated this day of , 2009.
City Clerk, City of Iowa City, State of Iowa
(End of Notice)
PASSED AND APPROVED this 29th day of September , 2009.
ATTEST:
. ~. ~~~
City Jerk
CERTIFICATE
STATE OF IOWA )
SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby
certify that attached is a true and complete copy of the portion of the corporate records of
the City showing proceedings of the City Council, and the same is a true and complete
copy of the action taken by the Council with respect to the matter at the meeting held on
the date indicated in the attachment, which proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting and all action thereat
was duly and publicly held in accordance with a notice of meeting and tentative agenda, a
copy of which was timely served on each member of the Council and posted on a bulletin
board or other prominent place easily accessible to the public and clearly designated for
that purpose at the principal office of the Council (a copy of the face sheet of the agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty-four hours prior to the commencement of the meeting as required by law and
with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective
City offices as indicated therein, that no Council vacancy existed except as may be stated
in the proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the City hereto affixed this 1st day of
October , 2009.
City ,City of Iowa City, State of Iowa
(SEAL)
,Y1~ 3f1
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 1319)356-5246
RESOLUTION N0. 09-311
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 609 MANOR DRIVE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Retention Agreement and
Deed Restrictions, executed by the owners of the property on May 8, 2009, recorded on
July 17, 2009, in Book 4478, Page 670 through Page 671, in the Johnson County
Recorder's Office covering the following described real estate:
Lot One Hundred Twenty-five (125), Park View Terrace subdivision, Iowa City,
Iowa, according to the recorded plat thereof.
WHEREAS, the Retention Agreements and Deed Restrictions reflects the provisions of
the state Jumpstart program, through which the owners received flood rehabilitation
assistance; and
WHEREAS, Midwestone Bank has refinanced a mortgage to the owner of the property
located at 609 Manor Drive and is securing the loan with a mortgage covering the real
estate described above; and
WHEREAS, the purpose of the refinancing is solely to obtain a lower interest rate, and
Midwestone Bank will be providing no additional funds to the owner; and
WHEREAS, Midwestone Bank has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said
mortgage with Midwestone Bank; and
WHEREAS, the subordination will not change the City's current position, that is it will
remain is second position and inferior to the owner's primary lender.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
SUBORDINATION AGREEMENT BETWEEN THE City of Iowa City and Midwestone
Bank, Iowa City, Iowa.
Passed and approved this 29th day of September , 202_•
Approved by
ATTEST: ~ '~/
CI ERK
City Attorney's Office
It was moved by Champion and seconded by xa9 ek the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
~_ Correia
x Hayek
x O'Donnell
x Wilburn
x Wright
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
Midwestone Bank of Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of a certain Retention Agreements and Deed
Restrictions which at this time is in the amount of 25 011, and was executed by Thomas A.
Novak and Louise C. Wolf-Novak (herein the Owners), dated May 8, 2009, recorded July 17,
2009, , in Book 4478, Page 670 through Page 671, Johnson County Recorder's Office, covering
the following described real property:
Lot One Hundred Twenty-five (125), Park View Terrace Subdivision, Iowa City, Iowa,
according to the recorded plat thereof.
WHEREAS, the Financial Institution proposes to loan the sum of $250,000 on a promissory note to
be executed by the Financial Institution and the owner, securing a mortgage covering the real
property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
Retention Agreement and Deed Restrictions held by the City be subordinated to the lien of the
mortgage proposed to be made by the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted Retention Agreement and Deed Restrictions held by the City is and
shall continue to be subject and subordinate to the lien of the mortgage about to be made
by the Financial institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Retention Agreement and Deed Restrictions of
the City.
4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this 2q~~ day of T rE~~p , 20~.
CITY OF IOWA CITY
By
Mayor
FINANCIAL INSTITUTION
yN~~~es~E%aE $aw~
gy ~,~-~,~ ~ c~~- U
Attest:
City rk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this ~_ day of Sa~PTf`~nB>~~ , 20 y9 ,before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ~.n,i ~ ~. ~ ' ~ and
Marian K. Karr, to me personally known, and, who, being by me d y sworn, did say that ey are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in-~f9rdifleneej~
(Resolution) No. ~•-'~ ~--- 31 j passed (the Resolution adopted by the City Council, under Roll Call
Nor--------~ of the City Council on the ~~. day of ~. , 20_x, and
that R.~ a tn; a .Zl . Tom: l s - and Marian K. Karr acknowledged the execution of the
instrumen to be their voluntary t and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
- SONDRAE FORT
c ~ Commission Number 159791
My Commission F~cpires
- 3 ? °~ Notary Public in and for the State of Iowa
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this ~ day , 200, fore me, the undersigne , a Notary Public in
~2r~/~i
.- .
and for the State of Iowa, personally appeared ~i21~C ~ ~ to me
perso Ily known, who being~t by me duly sworn, did say that he/she is the
~~, ~llS(Q~ of/~//p~i~:S%ONt,~~¢~y,~. ,that said instrument was signed on
behalf of said corporation by authority of its Board of Directors; and that said
~~/~~J ~tt.,~y'~t acknowledged the execution of said instrument to be the voluntary act
and deed of said corporation, by it and by him/her voluntarily executed.
and for the State of Iowa
My Commission expires: +~ ~~~~ ~~"
b y ~'l2
M~ 3f 2
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 09-312
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND IOWA FINANCE AUTHORITY, DES MOINES, IOWA
FOR PROPERTY LOCATED AT 817-825 PEPPERWOOD LANE, IOWA CITY,
IOWA.
WHEREAS, the City of Iowa City is the owner and holder of an Agreement, Mortgage,
and a Promissory Note in the amount of $300,000 executed by the owners of the
property on July 24, 2001, recorded on August 1, 2001, in Book 3104, Page 345 through
Page 361, in the Johnson County Recorder's Office covering the following described real
estate:
Lot 14 of a portion of Block 1, Braverman Center, Iowa City, Iowa, according to
the plat thereof recorded in Book 31, Page 137, Plat Records of Johnson County,
Iowa.
WHEREAS, Iowa Finance Authority is refinancing a first mortgage in the amount of
$665,000 to the owners of 817-825 Pepperwood Lane and is securing the loan with a
mortgage covering the real estate described above; and
WHEREAS, Iowa Finance Authority, has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said
mortgage with Iowa Finance Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest
the subordination agreement between the City of Iowa City and Iowa Finance Authority,
Des Moines, Iowa.
Passed and approved this 29th day of September , 20 0~
ATTEST: l /
CIT ERK
City Attorney's Office
Resolution No. 09-312
Page 2
It was moved by Champion and seconded by xayek the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
x Hayek
x O'Donnell
~ Wilburn
_
x Wright
Prepared by, and when recorded return to, Joanna B. Wilson, Iowa Finance Authority, 2015
Grand Avenue, Des Moines, IA 50312; (515) 725-4900.
SUBORDINATION, CONSENT AND RELEASE AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the "City",
and the Iowa Finance Authority, of 2015 Grand Avenue, Des Moines, IA 50312, herein the
"Authority" .
WHEREAS, the City is the owner and holder of a certain "Agreement, Promissory Note
and Mortgage" which at this time is in the amount of $300,000.00 and was executed by
Pentacrest, Inc. , herein the "Owner" , dated July 24, 2001, recorded August 1, 2001, in Book
3104, Page 345 through 361, Johnson County Recorder's Office, covering the following
described real property:
Lot 14 of a portion of Block 1, Braverman Center, Iowa City, Iowa, according to
the plat thereof recorded in Book 31, Page 137, Plat Records of Johnson County,
Iowa.
WHEREAS, the Authority proposes to loan the sum of $665,000.00 on a promissory note
to be executed by the Owner, secured by a mortgage covering the real property described above;
and
WHEREAS, to induce the Authority to make such loan, it is necessary that the City
consent in writing to the Authority's Mortgage, subordinate its mortgage priority and release
various interests contained in the above described Agreement, Promissory Note and Mortgage in
relation to the lien of the mortgage proposed to be made by the Authority.
NOW THEREFORE, in consideration of the mutual covenants and promises of the
promises of the parties hereto, the parties agree as follows:
1
1. Consent. The City hereby consents to a loan by the Authority in the sum of
$665,000.00 on a promissory note to be executed by the Owner and secured by a
mortgage conveyance covering the real property described above
2. Subordination. The City hereby covenants and agrees with the Authority that the
above noted Agreement, Promissory Note and Mortgage held by the City is and
shall continue to be subject and subordinate to the lien of the Mortgage about to be
made by the Authority.
3. Senior Mortgage. The Mortgage in favor of the Authority is hereby
acknowledged as a lien superior to the above noted Agreement, Promissory Note
and Mortgage in favor of the City.
4. Release. The City hereby releases the Authority from all terms, provisions,
conditions, restrictions and reversions contained in the agreement located in the
Agreement, Promissory Note and Mortgage made by and between the City and the
Owner, but the release would not extend to the Owner upon the Owner obtaining
the interest of the Authority.
5. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the respective heirs, legal representatives, successor, and assigns of the parties
herein, except for the exclusion contained in paragraph 4 above.
THE REMAINDER OF THE PAGE IS LEFT INTENTIONALLY BLANK
2
IN WITNESS WHEREOF, the parties hereto have hereunto caused this Agreement to be duly
executed as of the ~ day of September, 2009.
City of Iowa City
By:
Its: M
Attest:
By: 9~.
(SEAL) Its: City •k
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
)§
COUNTY OF JOHNSON )
On this ~9 day of S~~E~ , 2009, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared R f3 s and
~ ar 1 an k . Karr , to me personally known, d, who, being b me duly sworn, did
say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the
seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as
contained in Resolution No. 09- 3/a- passed (the Resolution Adopted) by the City Council,
under Roll Call No, - - of the City Council on the ~ day of ~p'fFm g~2 ,
2009, and that ci;J.t and Mir; a~ 1C. ~ar/ acknowledged the execution of
the instrument to e their voluntary act and deed and the voluntary act and deed of the corporation
by it voluntarily executed.
o t~ SONDRAE FORT
_ ~ Commission Number 159791 ~~~ ~~
My Commission Expires
ow 3 ~O~ ~
Notary Public in and for State of Iowa
3
Iowa Finance Authority
y:
(SEAL) e: Bret L. Mills
Title: Executive Directo
STATE OF IOWA )
)§
COUNTY OF POLK )
On this 17 day of September, 2009, before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared Bret L. Mills, to me personally known, who being
by me duly sworn did say that he is the Executive Director of Iowa Finance Authority, the
agency executing the foregoing Subordination and Release to which this is attached; that the
seal affixed thereto is the seal of the said agency; that said instrument was signed on behalf of
said agency by authority of its Board of Directors and that the said Bret L. Mills, as such
officer, acknowledges the execution of said instrument to be the voluntary act and deed of said
agency by it and by him voluntarily executed.
~~~Ct~1,~ ~ 1 Y~~~~.~1~
Notary Public in and for State of Iowa
.~....
KAREN RASMUSSEN
~, ~M . 70QS10
+ow~ ms`s
4
M ~~ 09-29-09
3f 3
Prepared by: Kris Ackerson, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
RESOLUTION NO. 09-313
RESOLUTION AUTHORIZING APPLICATIONS FOR FUNDING ASSISTANCE FOR FEDERAL
RECREATION TRAILS PROGRAM (FRT) PROJECTS TO THE IOWA DEPARTMENT OF
TRANSPORTATION (IDOT), FOR DEVELOPMENT OF RECREATION TRAILS.
WHEREAS, the proposed trail through Scott Park and connecting to Court Hill Trail will increase
access to multiple recreation activities; and
WHEREAS, the proposed trail will enhance the quality of life of residents and visitors of Iowa
City; and
WHEREAS, under the provisions of Federal Recreation Trail program, up to $465,000 in
funding assistance is requested to aid in financing the cost of trail development; and
WHEREAS, the City of Iowa City considers it in the best public interest to complete trail
development projects described in the application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Staff is authorized to submit an application and any additional documentation to the
Iowa Department of Transportation for funding assistance; and
2. The City Manager is authorized to sign the grant application forms and any
subsequent grant contracts with the Iowa Department of Transportation; and
3. Any funding assistance received shall be used for implementation of the project
referenced above; and
4. The City hereby certifies that its share of project funding is committed and will be
derived from City of Iowa City General Funds, General Obligation Bonds, or
Donations & Contributions; and
5. Any property acquired or facility developed with FRT financial aid will be placed in
use as an outdoor recreation facility and retained in such use for twenty years unless
otherwise provided and agreed to by the City of Iowa City and IDOT; and
6. This resolution will be included with formal applications to IDOT.
Passed and approved this 29th day of
ATTEST:
20~,_.
City Attorney's Uttice
z3~oq
Resolution No. 09-313
Page 2
It was moved by Champion and seconded by Hayek the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
x Hayek
x O'Donnell
x Wilburn
x Wright
jcxotp/res/kt-app.doc
I ~ -rtS~'
C~
Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO. 09-314
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A GROUND LEASE WITH THE JOINT EMERGENCY COMMUNICATIONS
SERVICES ASSOCIATION OF JOHNSON COUNTY FOR PLACEMENT OF A
MONOPOLE TELECOMMUNICATIONS TOWER AT IOWA CITY INDUSTRIAL PARK.
WHEREAS, the City of Iowa City, Johnson County, the City of Coralville, the City of North Liberty,
and the Johnson County Emergency Management Commission established the Joint Emergency
Communications Services Association of Johnson County ("JECSA") pursuant to Chapter 28E of
the Iowa Code for the purpose of creating a separate legal entity to conduct and manage all
facets of joint emergency response; and
WHEREAS, JECSA needs to place communication towers throughout Johnson County and has
proposed placing a monopole and accompanying communication facilities at the Iowa City
Industrial Park;
WHEREAS, pursuant to Resolution 09-72, Council entered into a similar lease at Fire Station 3 in
Iowa City, but that site was not approved by the FAA and the lease was terminated by agreement;
WHEREAS, it is in the interest of the City of Iowa City to enter into along-term ground lease with
JECSA for placement of telecommunications equipment; and
WHEREAS, a copy of the Communications Tower Ground Lease and Access Agreement is not
attached to this resolution due to its length, but is available for review at the City Clerk's office
until passage of the resolution and execution of the lease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Mayor is hereby authorized to sign and the City Clerk to attest one (1) original of the
Communications Tower Ground Lease and Access Agreement.
Passed and approved this 29th day of _
M
A'
Appro ~ by C
er ~ r-,.2009.
~~
CITY ERK
L
City Attorney's Office
Resolution No. 09-314
Page 2
It was moved by Aayek and seconded by Correia the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
X
~_
x
X
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic. doc
by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO.
R OLUTION AUTHORIZING THE MAYOR TO SIGN AND THE C CLERK TO
ATT ST A GROUND LEASE WITH THE JOINT EMERGENCY MMUNICATIONS
SERV ES ASSOCIATION OF JOHNSON COUNTY FOR P CEMENT OF A
MONOP LE TELECOMMUNICATIONS TOWER AT IOWA ITY INDUSTRIAL PARK.
WHEREAS, the Cit of Iowa City, Johnson County, the City of Co Iville, the City of North Liberty,
and the Johnson Cou Emergency Management Commission stablished the Joint Emergency
Communications Servic Association of Johnson County ("J SA") pursuant to Chapter 28E of
the Iowa Code for the pur ose of creating a separate legal ntity to conduct and manage all
facets of joint emergency r ponse; and
WHEREAS, JECSA needs to ace communication to ers throughout Johnson County and has
proposed placing a monopole nd accompanying communication facilities at the Iowa City
Industrial Park;
WHEREAS, pursuant to Resolution 0~2, Cour}~il entered into a similar lease at Fire Station 3 in
Iowa City, but that site was not approve by th FAA and the lease was terminated by agreement;
WHEREAS, it is in the interest of the City o owa City to enter into along-term ground lease with
JECSA for placement of telecommunicat' n equipment; and
WHEREAS, a copy of the Communic tions T er Ground Lease and Access Agreement is not
attached to this resolution due to its I gth, but is vailable for review at the City Clerk's office.
NOW, THEREFORE, BE IT R
CITY, IOWA, THAT:
The Mayor is hereby au
Communications Tower G
Passed and approved
Approved by
VE17 BY THE
d to sign and the C
Lease and Access Ag
COUNCIL OF THE CITY OF IOWA
Clerk to attest one (1) original of the
day of , 2009.
MAYOR
ATTEST:
CITY CLERK
~~-v~
City Attorney's Office
Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO.
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A GROUND LEASE ITH THE JOINT EMERGENCY COMMU (CATIONS
SERVICES ASSOCIATION OF JOHNSON COUNTY FOR PLACEME OF A
MONOPOLE TELECOMMUNI TIONS TOWER AT IOWA CITY IN STRIAE PARK.
WHEREAS, the City of Iowa City, Johnso County, the City of Coralville, th~ City of North Liberty,
and the Johnson County Emergency Man ement Commission established the Joint Emergency
Communications Services Association of J nson County ("JECSA") p~suant to Chapter 28E of
the Iowa Code for the purpose of creating a separate legal entity to conduct and manage all
facets of joint emergency response; and
WHEREAS, JECSA needs to place communi ation towers thrgiaghout Johnson County and has
proposed placing a monopole and accomp ying commu (cation facilities at the Iowa City
Industrial Park;
WHEREAS, pursuant to Resolution 09-72, Coun it
Iowa City, but that site was not approved by the F
WHEREAS, it is in the interest of the City of Iowa
JECSA for placement of telecommunications eq
dd into a similar lease at Fire Station 3 in
the lease was terminated by agreement;
to enter into along-term ground lease with
ent; and
WHEREAS, a copy of the Communications T er round Lease and Access Agreement is not
attached to this resolution due to its length, bu Is avai ble for review at the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED B~ THE
CITY, IOWA, THAT: /
The Mayor is hereby authorized togn and the City
Communications Tower Ground Lea and Access AgreE
Passed and approved this _~ day of
NCIL OF THE CITY OF IOWA
rk to attest one (1) original of the
2009.
MAYOR
ATTEST:
CITY CLE ' K
Approved by
~c4> ~ - t ~- cJ~
City Attorney's Office
M ~~
Prepared by: Dale Helling, Acting City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013
RESOLUTION NO. 09-315
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA,
AND PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION AND
MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION.
WHEREAS, City of Iowa City Resolution No. 84-248 provides that the City of Iowa City may
designate anon-profit organization (NPO) to manage and operate the local public access
channel, functions, and equipment, with partial funding to be provided by the Cable franchisee,
and
WHEREAS, City of Iowa City Resolution No. 05-224 approving the existing Franchise Agreement
between the City of Iowa City and MCC Iowa LLC (Mediacom) provides that certain funding,
equipment, and facilities shall be provided to the NPO as designated by the City of Iowa City, and
WHEREAS, it is deemed in the interest of the City of Iowa City to designate a private non-profit
organization to carry out the public access function, and
WHEREAS, the City of Iowa City and Public Access Television, Inc. have successfully negotiated
the terms of a 3-year agreement for said management and operation of the local public access
channel, functions, and equipment commencing October 1, 2009.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. Public Access Television, Inc. be and is hereby designated as the non-profit organization
(NPO) to manage and operate the local public access channel(s), functions, and
equipment.
2. The Mayor is hereby authorized to sign, and the City Clerk to attest, the attached
agreement between the City of Iowa City and Public Access Television, Inc., for funding,
operation and management of the local public access function.
~~
Resolution No. 09-315
Page 2
Passed and approved this 29th day of
ATTEST: ~~
Maria .Karr, City Clerk
2009.
Approved by
~~C-=~
_d~ _os
City Attorney's Office
It was moved by _ Hayek and seconded by Correa a the Resolution be
adopted, and upon roil call there were:
AYES: NAYS: ABSENT:
Bailey
x
X Champion
Correia
X Hayek
X
O'Donnell
-~- Wilburn
--~- Wright
X
AGREEMENT
by and between The City of Iowa City, Iowa, and Public Access Television, Inc.
for Funding, Operation and Management of the Local Public Access Function
This Agreement is made by and between the City of Iowa City, Iowa, a municipal
corporation ("Iowa City") and Public Access Television, Inc., an Iowa non-profit
corporation ("PATV"), (collectively "Parties"). In consideration of their mutual
promises, the Parties agree as follows:
RECITALS
The City of Iowa City desires to provide support for the use of public access
channel(s), namely non-commercial community programming channels
provided pursuant to the Cable Communications Policy Act of 1984, the Cable
Television Consumer Protection and Competition Act of 1992, and the
Telecommunications Act of 1996 and all other applicable local, State and
Federal laws.
2. For the purpose of this Agreement, public access does not include the
government, public library, University of Iowa, Kirkwood Community College, or
educational access channels.
3. The franchise agreement between Iowa City, Iowa and MCC Iowa LLC
provides that certain payments shall be made by MCC Iowa LLC to support the
public access channel(s) and community programming.
4. For the purposes of this Agreement, the definition of public access is providing
residents or groups of residents of the Iowa City community with equipment,
training, professional support, facilities and/or non-profit media program
distribution on local channel(s) of local video service systems, reserved by City
or State franchise agreements, for public access programming use.
Examples of public access services to be provided for members of the local
community would include, but are not limited to, operating a public access
facility, employing and providing professional staff and trainers to provide
producer support, operating training workshops, providing, scheduling and
maintaining media production equipment, scheduling and managing the
cablecast of community or staff produced media programs on the public
access channel(s), producing community programming or obtaining
programming (live or pre-recorded) of interest to the community, and
developing promotional materials or other outreach efforts to build audiences
or promote the use of public access services in the community.
5. For the purpose of this Agreement, the definition of Community Programming
is a specific kind of public access programming that facilitates community
interaction, provides community news and information, supports the
communication needs and/or documents the efforts of local non-profit groups
and organizations who organize cultural, artistic, and recreational events and
2
activities, who provide social services, who promote local political discussion
and debate, who explore issues of economic and environmental development
or who document and disseminate the history of the community.
Some examples of community programming include but are not limited to video
coverage of such non-profit activities and events as the 4th of July fireworks,
Homecoming parade, Run for the School Road Races, local sporting events,
local news and documentaries, free local concerts and arts events, coverage of
local political caucuses, forums, and rallies, oral and other local histories, local
scientific and educational content, and community public service
announcements.
6. The City of Iowa City has since 1990 designated PATV as the approved non-
profit organization to manage and operate the local public access channel,
function, and equipment.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the Parties agree as follows:
Section 1. Scope of Services. In consideration of the funding provided to PATV
pursuant to this Agreement, PATV shall perform the following services:
A. Operate Public Access Cable Channel(s). Operate the public access cable
channel(s) for public access and community programming purposes. Operation
shall include, but not be limited to, responsibilities for administering,
coordinating, and assisting those who request to use the public access
channel(s).
B. Operate an Access Center. Provide a media production facility and equipment
that shall be available for public use, the products of which shall be shown on
the public access channel.
C. Provide Eaual Access. Allow access and use of equipment and facilities
provided herein, together with cablecast time on the public access cable
channel(s), on anon-discriminatory basis to all members of the Iowa City
public. This access shall be only for non-commercial programming purposes,
whether produced or provided by individuals, groups, or organizations. Non-
lowa City residents may be allowed use of equipment and facilities so long as
they pay a minimum annual charge to PATV of twice (2X) the amount equal to
the funding determined in Section 14.A.1 of this document divided by the
number of video service subscribers as determined on the anniversary of the
funding calculation. Additional charges to non-residents may be determined
and required by PATV.
D. Maintain Rules. Maintain written rules and guidelines for the use of the access
equipment, facilities, and cablecast time in cooperation with the City. PATV
shall provide the City with a copy of said rules and guidelines to allow the Iowa
City Telecommunications Commission (ICTC) to review and comment.
3
Said rules and guidelines shall be consistent with the Cable Communication
Policy Act of 1984, the Cable Television Consumer Protection and Competition
Act of 1992, and the Telecommunications Act of 1996, FCC regulations, and all
other applicable local, State, and Federal laws. Further, any rules and
guidelines specific to times and hours of cablecast shall be content-neutral and
consistent with the public forum doctrine, namely, time, place and manner.
E. Trainin .Provide monthly training in the techniques of media production and
facilitate production of community programming by providing technical advice
and/or direct staff support.
F. Client Satisfaction. Conduct assessment of client satisfaction of relevant
service, staff, and center offerings including but not limited to training,
equipment availability and condition, and staff responsiveness.
G. Programming. Schedule and cablecast programs a minimum of 70 hours per
week on the public access channel(s) according to the adopted rules and
guidelines. Character Generated public service announcements cannot be
counted for more than 30 minutes per day of the 70 hour per week minimum
requirement.
H. Proaram Listing. PATV shall regularly send program-listing information to all
appropriate agencies so that program information may be included in the focal
print media (currently the Press-Citizen and Daily Iowan) and on the digital tiers
of the local cable TV company (ies), if available.
I. Maintenance of Equipment. Provide regular maintenance and repair of all
equipment and to keep all equipment operational in a reasonable time and
basis.
J. Promotion. Actively promote the use and benefit of the public access
channel(s) and facilities to cable subscribers, the general public, cable access
users, the City, and MCC Iowa LLC.
K. Community Programming. PATV shall dedicate a minimum of forty percent
(40% +/- 3%) of its monthly programming hours to community programming as
defined in this agreement. This ratio of community programming may be as low
as 20%, only if it is replaced with new content that is locally produced.
L. Performance Review. In cooperation with the City and after three years of
operation under this Agreement, or any renewal or extension thereof,
undertake a performance review that shall include an opportunity for public
access users, cable subscribers, and the general public to provide comment.
M. Other Activities. Undertake other community access activities as deemed
appropriate by PATV.
4
N. Compliance with Laws Rules and Regulations. Administer the public access
channel(s) and facilities in compliance with applicable federal, state, and local
laws, rules, and regulations, the Iowa City Broadband Telecommunications
Franchise Enabling Ordinance, and in accordance with the franchise
agreement between the City and MCC Iowa LLC.
Section 2. Programming Content. PATV agrees to keep the public access channel(s)
and services open to all Iowa City residents that are potential users, and free of
censorship, subject to FCC regulations, the Cable Communication Policy Act of 1984,
the Cable Television Consumer Protection and Competition Act of 1992, the
Telecommunications Act of 1996, and all other applicable local, State and Federal
laws.
Parties agree that they will not attempt to control the content of programming placed
on the public access channel(s) to the extent such programming is both lawful and
also remains in compliance with the programming rules and guidelines.
Section 3. Indemnification. PATV shall indemnify, defend and hold harmless the City,
its officers, agents, and employees, from and against all claims, losses, liabilities, or
damages, including payment of reasonable attorney's fees which may arise from the
performance of this Agreement, or which may be caused in whole or in part by any act
or omission of PATV.
The City shall indemnify, defend, and hold harmless PATV, its officers, agents, and
employees from and against any and all claims, losses, liabilities, or damages,
including payment of reasonable attorney's fees which may arise from the
performance of this Agreement, or which may be caused in whole or in part by any act
or omission of the City.
Section 4. Copyright Clearance. Before cablecasting video and/or audio transmission,
PATV shall require all users to agree in writing that they have obtained all required
rights to all material cablecast and clearances from broadcast stations, networks,
sponsors, music licensing organizations; representatives, and without limitation from
the foregoing, together with agreements from any and all other persons as may be
necessary to transmit its or their program materials over PATV's authorized
channel(s). PATV shall maintain copies of all such user agreements for purposes of
inspection by the City, upon reasonable notice given by said party, and for the term of
the applicable statute of limitations. If and when PATV is notified of any copyright
violation contained in any individual program being transmitted by PATV, it agrees to
immediately stop exhibition of that same program from all forms of current or future
cablecast or public transmission on the cable channels or other transmission outlets
that it controls. PATV shall notify the City promptly in writing upon its notification of
copyright violation. If PATV violates this provision it agrees to indemnify the City fully
as provided in Section 3 above for any liability imposed on the City.
Section 5 Copyright and Ownership. PATV shall own the copyright of any programs
which it may choose, from time to time, to produce. Copyright of programming
5
produced by the public shall be held by such person(s) who produces said
programming if such person(s) so copyrights, subject, however, to PATV's continuing
rights to recording and/or recorded media, both physical media and electronic devices,
as is established and governed by PATV's adopted rules and guidelines.
Section 6. Distribution Rights.
A. PATV shall require that all programs produced with funds, equipment, facilities,
or staff pursuant to this Agreement shall be distributed on the cable channel(s)
whose use is authorized by this Agreement. This subparagraph shall not be
interpreted to restrict other production and distribution (beyond that production
and distribution on cable channels authorized by this Agreement), so long as
such other distribution is consistent with the approved rules and guidelines as
noted above in Section 1 A, B and G. Alternative production and distribution
may include "new media" systems. New media is a term meant to encompass
the emergence of digital, computerized, or networked information,
communication technologies and Internet production and distribution
opportunities.
B. Payments required to obtain cable television distribution rights for programs
acquired by PATV primarily for cablecast use may be made by PATV from
funds granted under this Agreement.
C. PATV shall display on a daily basis a credit stating "Partial funding for the
operation of this channel is provided by MCC Iowa LLC [along with any other
existing cable TV franchises, if any,] and by the City of Iowa City."
Section 7 Equipment and Facilities.
A. PATV shall be responsible for maintenance of all equipment and facilities
owned, leased or loaned to PATV under this Agreement or purchased with
funds provided pursuant to this Agreement.
B. PATV recognizes that this Agreement, or property purchased pursuant to this
Agreement, may create a possessory interest subject to property taxation, and
that PATV may be subject to the payment of property taxes levied on such
interest. PATV agrees to pay any and all lawful and non-exempt taxes,
assessments, fees or charges at any time levied by the state, county, city or
any tax or assessment levying body upon any property interest in this
Agreement or on any possessory right which PATV may have in property,
improvements, fixtures or equipment purchased as a result of this Agreement.
In the event of protest, PATV agrees to pay said taxes under protest, and in no
event will the City be responsible for any fees incurred as a result of such
protest.
C. City Funded Equipment and Facilities. PATV shall own all equipment and
facilities acquired by it and purchased with City funds received during the term
6
of this Agreement and in past Agreements. Upon termination or non-renewal
of this Agreement, PATV agrees that all PATV's assets, equipment and
facilities shall be donated, transferred, reassigned or disposed of pursuant to
Section 18 C of this Agreement.
Section 8. Insurance. PATV shall maintain in full force and effect, and at all times
during the term of this Agreement, insurance as required by this Section. The cost of
such insurance shall be borne by PATV and may be paid from funds received
pursuant to this Agreement. The City requires that the Insurance carrier be A- rated
or better by A.M. Best. All liability policies shall include the Waiver of Subrogation
endorsements in favor of the City of Iowa City.
A. Liability Insurance. PATV will maintain Comprehensive General liability
insurance, bodily Injury and Property Damage insurance with coverage
amounts of a minimum of $1,000,000 for "Each Occurrence" and $2,000,000
"Aggregate." Comprehensive General Liability shall include Contractual,
Premises & Operations, Products & Completed Operations, and Aggregate
Limits of Insurance endorsement.
PATV will also maintain Comprehensive automobile liability for any vehicle
owned, leased, or operated by PATV, at a minimum of $1,000,000 for "Each
Occurrence" combined single limit.
PATV will maintain Professional Liability with coverage amounts of a minimum
of $1,000,000 for "Each Occurrence" and $1,000,000 "Aggregate."
B. Worker's Compensation. PATV will maintain full Worker's Compensation
Insurance as required by Iowa Code, Chapter 85.
Employer's Liability insurance with coverage for "Each Occurrence" at
$500,000 for "each accident," $500,000 for "each employee" and a $500,000
policy limit.
C. City as Co-Insured or Additional Insured. PATV shall include the City of Iowa
City, Iowa, including all its elected and appointed officials, all its employees
and volunteers, all its boards, commissions and/or authorities and their
boards' members, employees and volunteers as additional insured on all
policies except workers compensation. Such additional insured
endorsement(s) shall make the entities liability insurance primary to the City
of Iowa City's and furthermore, shall not be contributing with any other
insurance or similar protection available to the City of Iowa City, whether such
available protection is primary, contributing or excess. City of Iowa City shall
be an additional insured as respects all required aforementioned coverage,
which shall be stated on Certificates of insurance that the City of Iowa City is
an additional insured. This subsection shall be interpreted to be expressly
limited to claims made against Iowa City in relationship to PATV's activities.
7
D. Notification of Coverage. PATV will file with the City Certificates of Insurance
for coverage required above within thirty (30) days of execution of this
Agreement, and annually on the same date thereafter. Upon reasonable written
notice, the City may request that Certificates of Insurance be provided at any
time.
Section 9 Non-Discrimination in Employment. PATV shall not discriminate against
any person, employee, applicant for employment, or subcontractor on the basis of
age, color, creed, disability, gender identity, marital status, national origin, race,
religion, sex, or sexual orientation or political affiliation.
Section 10. Independent Contractor. It is understood and agreed that PATV is an
independent contractor and that no relationship of principal/agent or
employer/employee exists between the City and PATV. If in the performance of this
Agreement any third persons are employed by PATV, such persons shall be entirely
and exclusively under the control, direction, and supervision of PATV. All terms of
employment, including hours, wages, working conditions, discipline, hiring and
discharging, or any other term of employment shall be determined by PATV, and the
City shall have no right or authority over such persons or terms of employment.
Section 11. Assignment. Neither this Agreement nor any interest herein shall be
assigned or transferred by PATV, except as expressly authorized in writing by the
City.
Section 12. Reports.
A. Annual Reports. PATV shall prepare and provide annually to the City, within 90
days following the end of each year (December 31), a written report of
operational activities, which report shall include, but not be limited to, the
following information:
1. Current and complete listing of PATV's Board of Directors.
2. Year-end financial summary.
3. Written annual reports and statistical comparisons from the previous year,
and to other similar access centers if such data is available, studio use,
checkout of equipment, editing bay bookings, total number of new
producers, total number of workshops taught, total number of new locally-
produced programs cablecast on the channel, and total number of new
"community" programs cablecast on the channel.
B. Periodic Reports. PATV shall also prepare and provide periodic reports on the
following:
Monthly oral reports at Iowa City Telecommunications Commission
meetings.
8
2. Quarterly written reports for the Iowa City Telecommunications Commission
that will include:
a. A general report of operational status.
b. Current financial statements,
c. An accounting on the number of persons trained in the workshops
offered during that quarter, their rate of program completion, and whether
they are affiliated with any University of Iowa project or class, other
educational institution or community organization, or are persons who are
not residents of the City of Iowa City,
d. Listing of individual community programs produced and cablecast within
the last quarter; PATV's role in the production of the community
programming listed, if any; the nonprofit organization the program was
produced for or reason the event or activity was selected and determined to
be a community program, and the run times of each program.
e. A report of individual public access programs and their run times
produced and cablecast over the quarter.
f. Other information deemed important by PATV.
3. Other reports reasonably requested by the City Council, Iowa City
Telecommunications Commission or any current or future franchise
agreement.
Section 13. Records. PATV shall maintain all necessary books and records, in
accordance with generally accepted accounting principles.
Section 14 Relationship with Cable Franchise.
A. Fundin .PATV shall receive funding as a result of the franchise agreement
between the City and MCC Iowa LLC. Pursuant to the aforementioned, funds
will be made available to PATV as follows:
City shall pay to PATV monthly 1/12 of an amount based on a 2009
annual payment of $218,937.21, subject to a yearly escalator as
provided in the franchise agreement between Iowa City and MCC Iowa
LLC and further subject to the provisions of Subsection A.2. of this
Section.
2. All of the above notwithstanding, funding from the City to PATV shall
only be provided as long as Cable Television Franchisee is obligated to,
and continues to, provide funding as specified in Subsection A.1. of this
Section. City shall not be obligated herein to make any payment to
9
PATV under this agreement unless and until such amount is paid to
Iowa City by MCC Iowa LLC.
3. In the event that additional Iowa City cable franchise agreements are
accomplished by other cable, telephone or similar service providers, the
City agrees to make a good faith effort, but without guarantee, to obtain
similar or adjusted agreements as defined in Section 14.A.1. of this
contract Agreement with the new franchisee(s) if allowed by federal,
state, or local law. A good faith effort shall include a request in writing
from the City to the franchisee(s). If there are any negotiations between
the City and franchisee(s) concerning potential funding for public
access, a representative of PATV shall be permitted to be present.
B. Continued Services.
The Parties shall continue to utilize dedicated channel(s) as provided for
in the City's cable ordinance decreeing public access channel
dedication.
2. The City will make reasonable efforts to enforce all provisions of its
ordinance and franchise agreement regarding public access.
Section 15. Expenditure of Funds. PATV shall spend funds received from the City
solely for the purposes listed in this Agreement, and for the purpose of accomplishing
PATV's mandate as described in PATV's Articles of Incorporation and Bylaws. Funds
not expended in a given fiscal year may be carried over into succeeding fiscal years.
Section 16 Funding From Other Sources. PATV may, during the course of this
Agreement, receive supplemental funds from other sources, including, but not limited
to, fund raising activities.
Section 17. Term of Agreement. This Agreement shall commence on October 1, 2009
and end on May 1, 2012, unless terminated earlier, as provided in this Agreement.
This Agreement may be extended, by mutual written agreement of the Parties, for an
additional three-year period as set forth below.
Section 18. __Termination of Agreement: Transfer of Assets.
A. The City shall have the right to terminate this Agreement for breach of any
provision of the Agreement by PATV, upon sixty (60) days written notice to said
breaching party, provided that the breaching party may avoid termination by
curing any such alleged breach within thirty (30) days of notification or within a
timeframe agreed to by the Parties. The City may also terminate this
Agreement if PATV is dissolved.
B. PATV shall have the right to terminate this Agreement for breach of any
provisions of this Agreement by the City, upon sixty (60) days written notice to
10
them, provided that the City may avoid termination by curing any such alleged
breach within thirty (30) days of notification or within a timeframe agreed to by
the Parties.
C. Upon the occurrence of any of the following events, and notwithstanding any
provisions to the contrary in PATV's Articles of Incorporation or Bylaws, PATV
agrees that the assets of PATV, including any real estate and equipment,
shall be transferred or conveyed, at no cost to the City or its designee, by
PATV to an organization or entity which the City may designate, which may
include the City, to provide public access/community programming services
and offerings:
1. Termination, for reason provided herein, of this agreement between
the City and PATV for the provision of public access/community
programming services to the community, including termination for
failure to perform as required under said agreement.
2. Dissolution of PATV as a private, non-profit corporation under the laws
of the State of Iowa.
3. Failure by PATV to meet its obligations to repay its mortgage loan
under the terms and conditions of said mortgage.
D. The City shall have the right to terminate this Agreement on thirty (30) days
written notice to PATV in the event that funding for public access shall cease to
be provided by operation of federal or other applicable law. In such event, and
notwithstanding Section 14 hereof, the City shall have no liability to provide
funding to PATV, nor shall the City be liable to PATV for any damages it may
suffer or claim resulting from the termination of this Agreement.
Section 19. Renewal of Agreement. This Agreement may be renewed, extended or
renegotiated for additional periods, pursuant to the following process:
A. If PATV seeks a renewal or renegotiation of this Agreement, it shall do so on or
before November 1, 2011 by letter of intent to the City requesting renewal or
renegotiation.
B. The City shall respond to PATV's letter of intent to request renewal or
renegotiation of the contract within sixty (60) days. Renewal or renegotiation
may not be denied solely on the failure of PATV to make such a request by
November 2, 2011 unless the City has provided PATV a written notice of the
alleged default and opportunity to cure same, and PATV has not satisfactorily
cured said default.
1. If the City indicates its desire to renew or renegotiate this Agreement,
PATV shall, within sixty (60) days, submit to the City a letter accepting
the contract as is or outlining the content of the proposed new
Agreement including items to be negotiated.
11
2. If the City indicates its intention not to renew or renegotiate this
Agreement, it must delineate, in writing, specific reasons for said denial.
On receipt of the specific reasons for denial, PATV will be allowed sixty
(60) days to provide a cure or a plan to cure the problems or issues
raised by the City. The City will not be obligated to renew or renegotiate.
C. Parties to this Agreement shall make all reasonable efforts to reach agreement
specific to the renewal in order to prevent unnecessary interruption of the
access services provided to the public under this Agreement.
Section 20. Time. Time is of the essence in the performance of this Agreement and
for the performance of all covenants and conditions herein.
Section 21. Cooperation. Each Party agrees to execute all documents and do all
things necessary and appropriate to carry out the provisions of this Agreement in good
faith.
Section 22. Applicable Law. This Agreement shall be interpreted and enforced under
applicable laws of the State of Iowa. However, the parties will consider the use of
mediation in attempting to resolve any dispute between or among them. In the event
of dispute which cannot be resolved through mediation or where mediation has been
rejected by one or both of the parties, the courts of jurisdiction shall be the Iowa
District Court in and for Johnson County, Iowa, and the Southern United States
District Court (Davenport Division).
Section 23. Attorney Fees. In the event a legal dispute arises concerning the terms
and conditions of this Agreement, and specific performance, damages and/or criminal
prosecution is sought, the prevailing party shall be entitled to reimbursement for all
reasonable attorney fees and costs resulting from said litigation.
Section 24. Notices. All notices and other communications to be given by either party
may be given in writing, depositing the same in the United States mail, postage
prepaid and addressed to the appropriate party as follows:
To PATV:
To City:
Public Access Television, Inc.
206 Lafayette St.
Iowa City, IA 52240
City Clerk
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
12
Any party may change its address for notice by written notice to the other party at any
time.
Section 25. Entire Agreement. This Agreement is the entire agreement of the Parties,
and supersedes all prior negotiations and agreements, whether written or oral. This
Agreement may be amended only by written agreement. No purported oral
amendment to this Agreement shall be valid.
Section 26. Severability. In the event some portion of this Agreement is found invalid
by a court of competent jurisdiction, it shall be deemed severable, and the remainder
shall remain in full force and effect.
CITY OF IOWA CITY,
a municipal corporation
By:
Date: September 29 , 2009
Attest: `~
Ma ~ n K. Karr, City Clerk
Date: September 29 , 2009
Approved ey
~~~~~ ~ ~ ~ 3 °~
City Attorney's Office
PUBLIC ACCESS TELEVISION, INC.
a non-profit organization
By: %~ .
PATV oard Chairperson
Date: gI i6l o °~
09-29-09
12
City of Iowa City
cable television administrator
September 14, 2009
TO: City Council/Iowa City Telecommunications Commission
FM: Bob Hardy, Cable Television Administrator
RE: Contract Renegotiations With Public Access Television
Introduction
The Agreement between the City of Iowa City and Public Access Television, Inc. (PATV) for
funding, operation and management of the local public access fimction have been renegotiated
and discussions have been concluded. As you may know, PATV has served as the desigriated
non-profit organization to operate the local pubic access channel, function and service since 1990.
The follow»ng is a summary of the significant changes in the Agreement thai has resulted from
this renegotiation.
Agreement Changes
1. Recital number 4 was rewritten and expanded to more clearly define the meaning of the term
"public access" for the purposes of this Agreement. Examples demonstrating this definition were
added.
2. Recital num er 5 was rewritten and expanded to more clearly define the meaning of the term
"community pr gramming" for the purposes of this Agreement. Examples .demonstrating this
definition were added.
3. Section 1 ( )was rewritten to more clearly identify to whom use of equipment and facilities
will be provide and conditions by which non-Iowa City residents may use the facilities.
4. Section 1 ( )was rewritten to increase the minimum number of monthly programming hours
on the channel edicated to cablecasting community programming to 40% of the total number of
program hours ablecast.
5. Section 4 w~s rewritten to include a requirement that PATV notify the City in writing upon
notification of opyright violation by a program cablecast nn the public access channel.
6. Section 5 w~s rewritten to strengthen PATV's rights to cablecast programming produced with
PATV equipm~nt, facilities or support.
7. Section 6 (t~l) was rewritten to allow for additional distribution opportunities for public access
and community programming produced by or at PATV on "new media" outlets such as the
Internet.
8. PATV's insurance obligations, defined in Section 8, were reviewed by the City's Revenue and
Risk Manager and rewritten to require coverage levels considered appropriate to protect the City.
9. Section 12 was rewritten to clarify PATV's periodic and annual reporting obligations.
10. Section 18 (C) was substantially rewritten to make this Agreement's "transfer of assets"
~~
language consistent with language found in the Agreement Between the City of Iowa City and
Public Access, Inc. For Partial Funding of a Programming Facility At 730 South Dubuque
Street." The City Attorney's Office found the replacement language to be superior to previous
language in protecting the City's interest and long-term investments in public access services in
the event PATV could no longer function as anon-profit organization or fulfill the obligations of
this Agreement.
The PATV Board of Directors has approved and accepted the new Agreement.
If you have questions or concerns, please contact me.
cc:
Dale Helling, Acting City Manager
Sue Dulck, Asst. City Attorney
Publish 8/13
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Iowa City Telecommunications Commission will hold a
public hearing on the 24th day of August, 2009, at 5:30 p.m. in the Emma J. Harvat Hall
of the Iowa City City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the Telecommunications Commission thereafter as
posted by the Cable Administrator; at which hearing the Commission will consider the
proposed Agreement by and between the City of Iowa City, Iowa, and Public Access
Television, Inc. for funding, operation and management of the local public access
function. Copies of the proposed Agreement are on file for public examination in the
office of the City Clerk, City Hall, and the Cable Division office at 10 South Linn Street,
Iowa City, Iowa. Persons wishing to make their views known for Commission
consideration are encouraged to appear at the above-mentioned time and place.
ROBERT HARDY, CABLE ADMINISTRATOR
AGREEMENT
by and between
,.
The City of Iowa City, Iowa, and Public Access Television, Inc. `~~ --
for ~ ~-~3 a ~M1_;
_.._ :,~.
g, Operation and Management of the Local Public Access Function :=- "~ ~'~`
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FINAL DRAFT VERSION "J ~~
~~~
This Agreement is made by a between the City of Iowa City, to a, a municipal corporation ("Iowa
City") and Public Access Tele ~ ion, Inc., an Iowa non-profit corporation ("PAN"), (collectively
"Parties"). In consideration of their tual promises, the Parties ag ee as follows:
RECITALS
1. The City of Iowa City desires to pro 'de support for th use of public access channel(s), namely
non-commercial community progra ming Chan Is provided pursuant to the Cable
Communications Policy Act of 198 the Cab Television Consumer Protection and
Competition Act of 1992, and the Telec munic tions Act of 1996 and all other applicable
local, State and Federal laws.
2. For the purpose of this Agreement, public a ss does not include the government, public
library, University of Iowa, Kirkwood Community ollege, or educational access channels.
3. The franchise agreement between Iowa City, Iowa nd MCC Iowa LLC provides that certain
payments shall be made by MCC Iowa C to su ort the public access channel(s) and
community programming.
4. For the purposes of this Agreement, the finition of public ccess is providing residents or
groups of residents of the Iowa City co unity with equipme t, training, professional support,
facilities and/or non-profit media progr distribution on local c annel(s) of local video service
systems, reserved by City or State fra chise agreements, for pu is access programming use.
Examples of public access service to be provided for members o the local community would
include, but are not limited to, o erating a public access facility, mploying and providing
professional staff and trainers t provide producer support, opera ~ g training workshops,
providing, scheduling and m intaining media production equip nt, scheduling and
managing the cablecast of c mmunity or staff produced media pro rams on the public
access channel(s), producing ommunity programming or obtaining progr mming (live or pre-
recorded) of interest to th community, and developing promotional aterials or other
outreach efforts to build diences or promote the use of public access services in the
community.
5. For the purpose of this Agreement, the definition of Community Programming is a specific
kind of public access p ogramming that facilitates community interaction, provides community
news and informatio ,supports the communication needs and/or documents the efforts of
local non-profit gro sand organizations who organize cultural, artistic, and recreational
events and activiti ,who provide social services, who promote local political discussion and
debate, who exp re issues of economic and environmental development or who document
and disseminate the history of the community.
2
Some examples of community programming include but are not limited to video coverage of
such non-profit activities and events as the 4~h of July fireworks, Homecoming parade, Run for
the School Road Races, local sporting events, local news and documentaries, free local
concerts and arts events, coverage of local political caucuses, forums, and rallies, oral and
other local histories, local scientific and educational content, and community public service
announcements.
6. The City of low City has since 1990 designated PATV as the approved non-profit organization
to manage and erate the local public access channel, function, and equipment.
NOW, THEREFORE, in c nsideration of the mutual promises nd covenants set forth herein, the
Parties agree as follows:
Section 1. Scope of Services In consideration of the fund
Agreement, PAN shall perform t following services:
A. O erate Public Access Ca a Channel s . Operate
public access and communi programming purpo E
limited to, responsibilities fora inistering, coordi tl
use the public access channel(s).
provided to PATV pursuant to this
the public access cable channel(s) for
s. Operation shall include, but not be
ng, and assisting those who request to
B. Operate an Access Center. Provid~a media pfoduction facility and equipment that shall be
available for public use, the products o which s 11 be shown on the public access channel.
C. Provide Equal Access. Allow access a d se of equipment and facilities provided herein,
together with cablecast time on the publi ccess cable channel(s), on anon-discriminatory
basis to all members of the Iowa City p .This access shall be only for non-commercial
programming purposes, whether produce or ovided by individuals, groups, or organizations.
Non-Iowa City residents may be allowe use o quipment and facilities so long as they pay a
minimum annual charge to PATV of ce (2X) t amount equal to the funding determined in
Section 14.A.1 of this document d' ided by th number of video service subscribers as
determined on the anniversary oft funding calcul tion. Additional charges to non-residents
may be determined and required b PAN.
D. Maintain Rules. Maintain writt rules and guidelines r the use of the access equipment,
facilities, and cablecast time i cooperation with the City. PATV shall provide the City with a
copy of said rules and guideli s to allow ICTC to review an comment.
Said rules and guidelines s all be consistent with the Cable C mmunication Policy Act of 1984,
the Cable Television nuumer Protection and Compe ion Act of 1992, and the
Telecommunications Act f 1996, FCC regulations, and all oth r applicable local, State, and
Federal laws. Further, a y rules and guidelines specific to times a d hours of cablecast shall be
content-neutral and co istent with the public forum doctrine, name ,time, place and manner.
E. Trainin Provide onthly training in the techniques of media ~ roduction and facilitate
production of com nity programming by providing technical advice a /or direct.5taff support.
F. Client Satisfactio .Conduct assessment of client satisfaction of relevant service, staff,,=.and ` ~°
center offerings ncluding but not limited to training, equipment availabili~i and ,condition:;'and '°'~,~~;
staff responsiv ess. ~ ~~-~
~°-a
G. Pro rammin .Schedule and cablecast programs a minimum of 70 hours per-meek d~the ;~
public access channel(s) according to the adopted rules and guidelines. Charac`,k~r;~en~ted
public service announcements cannot be counted for more than 30 minutes per~ay of trig 70
hour per week minimum requirement. `~
3
H. PATV shall regularly send program-listing information to all appropriate agencies so that
program information may be included in the local print media (currently the Press-Citizen and
Daily Iowan) and on the digital tiers of the local cable TV company(ies), if available.
Maintenance of Equipment. Provide regular maintenance and repair of all equipment and to
keep all equipment operational in a reasonable time and basis.
Promotion. Actively promote the use and benefit of the public access channel(s) and facilities to
subscribers, the general public, access users, the City, and MCC lowaj LLC.
K. Community Programming. PATV shall dedicate a minimum of forty p rcent (40% +/- 3%) of its
monthly program ing hours to community programming as define in this agreement. This
ratio of community ogramming may be as low as 20%, only if it is eplaced with new content
that is locally produce .
L. Performance Review. In operation with the City and after three ears of operation under this
Agreement, or any renew or extension thereof, undertake a erformance review that shall
include an opportunity for p lic access users, cable subscrib rs, and the general public to
provide comment.
M. Other Activities. Undertake other c mmunity access activitie as deemed appropriate by PATV.
N. Com liance with Laws Rules and ulations. Adminis r the public access channel(s) and
facilities in compliance with applicable deral, state, an ocal laws, rules, and regulations, the
Iowa City Broadband Telecommunicatio sFranchise abling Ordinance, and in accordance
with the franchise agreement between the ity and M Iowa LLC.
Section 2. Programming Content. PATV agrees to k e the public access channel(s) and services
Parties agree that they will not attempt to contr the content f programming placed on the public
access channel(s) to the extent such programmi g is both lawful nd also remains in compliance with
the programming rules and guidelines.
open to all -Iowa City residents that are potential us s, and free of censorship, subject to FCC
regulations, the Cable Communication Policy Act of 1 ,the Cable Television Consumer Protection
and Competition Act of 1992, the Telecommunication Act 1996, and all other applicable local, State
and Federal laws
Section 3. Indemnification. PATV shall ind mnity, defend and hold armless the City, its officers,
agents, and employees, from and against all laims, losses, liabilities, or mages, including payment of
reasonable attorney's fees which may aris from the performance of this reement, or which may be
caused in whole or in part by any act or o ssion of PATV.
The City shall indemnify, defend, and old harmless PATV, its officers, agent and employees from
and against any and all claims, to es, liabilities, or damages, including pa ment of reasonable
attorney's fees which may arise fro the performance of this Agreement, or whic may be caused in
whole or in part by any act or omiss' n of the City. _.._ '
Section 4. Co ri ht Clearanc .Before cablecasting video and/or audio transmissi n,' PATV=.shall .~-
require all users to agree in wr ing that they have obtained all required rights to all ma r'idt .cable~ast p~.~.
and clearances from broa ast stations, networks, sponsors, music licensing rga'nizatttllis; ~ `~""'
representatives, and without imitation from the foregoing, together with agreements fro .any and' all ~"
other persons as may be cessary to transmit its or their program materials over PATV'. ~~Utho~ed ~
channel(s). PATV shall maintain copies of all such user agreements for purposes of inspe ton b~~he
City, upon reasonable notice given by said party, and for the term of the applicable statute ~' imitations.
If and when PATV is notified of any copyright violation contained in any individual pr0'gram tZ,yrs ng
4
transmitted by PATV, it agrees to immediately stop exhibition of that same program from all forms of
current or future cablecast or public transmission on the cable channels or other transmission outlets
that it controls. PAN shall notify the City promptly in writing upon its notification of copyright violation.
If PATV violates this provision it agrees to indemnify the City fully as provided in Section 3 above for any
liability imposed on the City.
Section 5. Cooyriaht and Ownership. PAN shall own the copyright of any programs which it may
choose, from time to time, to produce. Copyright of programming produce by the public shall be held
by such person( who produces said programming if such person(s) so opyrights, subject, however,
to PAN's contin ing rights to recording and/or recorded media, both p ysical media and electronic
devices, as is esta fished and governed by PAN's adopted rules and gui elines.
A. PAN shall requ a that all programs produced with fund ,equipment, facilities, or staff
pursuant to this Agr ement shall be distributed on the cable annel(s) whose use is authorized
by this Agreement. 's subparagraph shall not be interpr ed to restrict other production and
distribution (beyond th t production and distribution on cable channels authorized by this
Agreement), so long as such other distribution is con istent with the approved rules and
guidelines as noted above Section 1 A, B and G. Alte native production and distribution may
include "new media" system New media is a term eant to encompass the emergence of
digital, computerized, or ne rked information, c mmunication technologies and Internet
production and distribution oppo nities.
B. Payments required to obtain cable t levision d
primarily for cablecast use may be ma a by P
C. PAN shall display on a daily basis a cl
channel is provided by MCC Iowa LLC [
any,] and by the City of Iowa City."
fist ution rights for programs acquired by PAN
A from funds granted under this~4greement.
stating "Partial funding for the operation;~c~f this'~~
~ with any other existing cable TV franchises, if
``~ d {
Section 7. Equipment and Facilities. `°: = ~ ~:~;~
~,
A. PAN shall be responsible for ma' tenance of all uipment and facilities owned, leal~d or
loaned to PAN under this Agr ement or purchase with funds provided pursuant to this
Agreement.
B. PATV recognizes that this Ag ement, or property purchas pursuant to this Agreement, may
create a possessory interest ubject to property taxation, an that PAN may be subject to the
payment of property taxes vied on such interest. PATV agre s to pay any and all lawful and
non-exempt taxes, assess ents, fees or charges at any time le 'ed by the state, county, city or
any tax or assessment I ying body upon any property interest 'n this Agreement or on any
possessory right which PAN may have in property, improvem nts, fixtures or equipment
purchased as a result this Agreement. In the event of protest, PA agrees to pay said taxes
under protest, and in o event will the City be responsible for any fe s incurred as a result of
such protest.
C. Cit Funded E ui lhent and Facilities. PATV shall own all equipment and cilities acquired by
it and purchased ith City funds received during the term of this Agreement nd in past
Agreements. U on termination or non-renewal of this Agreement, PAN agr es that all PATV's
assets, equip ent and facilities shall be donated, transferred, reassigned or d posed of
pursuant to Section 18.C of this Agreement. ~
Section 8. Insurance. PAN shall maintain in full force and effect, and at all times during the term of
this Agreement, insurance as required by this Section. The cost of such insurance shall be borne by
5
PATV and may be paid from funds received pursuant to this Agreement. The City requires that the
Insurance carrier be A- rated or better by A.M. Best. All liability policies shall include the Waiver of
Subrogation endorsements in favor of the City of Iowa City.
A. Liabilit~lnsurance. PATV will maintain Comprehensive General liability insurance, bodily Injury
and Property Damage insurance with coverage amounts of a minimum of $1,000,000 for "Each
Occurrence" and $2,000,000 "Aggregate." Comprehensive General Liability shall include
Contractual, Premises & Operations, Products & Completed Operations, and Aggregate
Limits of Insurance endorsement.
PAN will al o maintain Comprehensive automobile liability for any vehicle owned, leased, or
operated by N, at a minimum of $1,000,000 for "Each Occurren e" combined single limit.
PATV will maint in Professional Liability with coverage amounts f a minimum of $1,000,000
for "Each Occurre ce" and $1,000,000 "Aggregate."
B. Worker's Com ensa 'on. PAN will maintain full Worker's Com ensation Insurance as required
by Iowa Code, Chapt 85.
Employer's Liability ins ance with coverage for "Each O currence" at $500,000 for "each
accident," $500,000 for "e h employee" and a $500,000 p icy limit.
C. Cit as Co-Insured or Additi al Insured. PATV shall ~ clude the City of Iowa City, Iowa,
including all its elected and pointed officials, all i employees and volunteers, all its
boards, commissions and/or uthorities and their boards' members, employees and
volunteers as additional insured o all policies excep workers compensation. Such additional
insured endorsement(s) shall make he entities lia ' ity insurance primary to the City of Iowa
City's and furthermore, shall not be c ntributing w' any other insurance or similar protection
available to the City of Iowa City, whet r such ailable protection is primary, contributing or
excess. City of Iowa City shall be an a ditional insured as respects all required
aforementioned coverage, which shall be tat d on Certificates of insurance that the City of
Iowa City is an additional insured. This sub tion shall be interpreted to be expressly limited
to claims made against Iowa City in relation to PATV's activities.
D. Notification of Coverage. PAN will file ith th City Certificates of Insurance for coverage
required above within thirty (30) days of ecution this Agreement, and annually on the same
date thereafter. Upon reasonable wri en notice, t e City may request that Certificates of
Insurance be provided at any time.
Section 9. Non-Discrimination in Em to ent. PAN shall n t discriminate against any person,
employee, applicant for employment, or bcontractor on the b is of age, color, creed, disability,
gender identity, marital status, national rigin, race, religion, sex, or sexual orientation or political
affiliation.
contractor and that no relationship o
PAN. If in the performance of this
shall be entirely and exclusively
employment, including hours, wa s
term of employment shall bed er
such persons or terms of empl mer
o . It is understood and agreed t t PAN is an independent
f rincipal/agent or employer/employee xists between the City and
greement any third persons are employ d by PAN, such persons
der the control, direction, and supervisio of PATV. All terms of
working conditions, discipline, hiring and di charging, or any other
mined by PAN, and the City shall have nor ht or-authorit over
Section 11. Assignment. either this Agreement nor any interest herein shall
transferred by PAN, exce as expressly authorized in writing by the City.
be assigned o~
_. ~' ~ a~
~"
%: (:~
C7
6
Section 12. Reports
A. Annual Reports. PAN shall prepare and provide annually to the City, within 90 days following
the end of each year (December 31), a written report of operational activities, which report shall
include, but not be limited to, the following information:
1. Current and complete listing of PAN's Board of Directors.
2. Year-end financial summary.
3. Written an ual reports and statistical comparisons from the revious year, and to other
similar acc ss centers if such data is available, studio use, ch ckout of equipment, editing
bay bookin s, total number of new producers, total numbe of workshops taught, total
number of n wlocally-produced programs cablecast on the hannel, and total number of
new "commu ity" programs cablecast on the channel.
B. Periodic Reports. P N shall also prepare and provide periodic eports on the following:
1. Monthly oral report at Iowa City Telecommunications Co mission meetings.
2. Quarterly written replQrts for the Iowa City Telecommunications Commission that will
include: ~~ /
a. A general report of oper'a~ional status.
b. Current financial statements;
c. An accounting on the number f persons tr fined in the workshops offered during that
quarter, their rate of program compl ion, and hether they are affiliated with any University
of Iowa project or class, other educ tional ' stitution or community organization, or are
persons who are not residents of the Ci of owa City,
d. Listing of individual community progra roduced and cablecast within the last quarter;
PAN's role in the production of the c mm ity programming listed, if any; the nonprofit
organization the program was produce for or ason the event or activity was selected and
determined to be a community progr ,and the un times of each program.-
e. A report of individual public access progra and their run times produced and
cablecast over the quarter. -~-
~ti
f. Other information deemed i portant by PAN.
3. Other reports reasonably re uested by the City Council, owa City Telecpmmuni~'d;tionsr=~
Commission or any current r future franchise agreement. .. ~ ~'
..._ ~ ~.
Section 13. Records. PAN shall aintain all necessary books and re rds, in a~ccgrdan with'
•~,
generally accepted accounting princi les. y r
d
A. Fundin .PAN shall r ceive funding as a result of the franchise agreement~etween the City
and MCC Iowa LLC. ursuant to the aforementioned, funds will be made avail ble to PAN as
follows:
1. City shall pay to PAN monthly 1/12 of an amount based on a 2009 annual payment of
$218,937.21, subject to a yearly escalator as provided in the franchise agreement
7
between Iowa City and MCC Iowa LLC and further subject to the provisions of
Subsection A. 2 of this Section.
2. All of the above notwithstanding, funding from the City to PATV shall only be provided
as long as Cable Television Franchisee is obligated to, and continues to, provide
funding as specified in Subsection A. 1. of this Section. City shall not be obligated
herein to make any payment to PATV under this agreement unless and until such
amount is paid to Iowa City by MCC Iowa LLC.
In the vent that additional Iowa City cable franchise
other c le, telephone or similar service providers, th
effort, b without guarantee, to obtain similar or a~
Section 1 A.1 of this contract Agreement with th
federal, stat or local law. A good faith effort shall i
City to the anchisee(s). If there are any n g
franchisee(s) c ncerning potential funding for pub c
shall be permitte to be present.
B. Continued Services.
The Parties shall contin a to utilize ded
cable ordinance decreein_ public access
2. The City will make reason
franchise agreement regardi
Section 15. Expenditure of Funds. PATV shy
purposes listed in this Agreement, and for the p~
in PATV's Articles of Incorporation and Bylaws
carried over into succeeding fiscal years.
greements are accomplished by
City agrees to make a good faith
dusted agreements as defined in
new franchisee(s) if allowed by
elude a request in writing from the
~tiations between the City and
access, a representative of PATV
,,..,
'a
i"
.cus
~~.y
I channel(s) as provided fQ~ in the City's
nel dedication. " ,_' ' '
~~~ ~'~_
efforts t~ enforce all provisions of its-a~rdinance and
ublic access. '~ c~
hd funds received from the City solely for the
of accomplishing PATV's mandate as described
snot expended in a given fiscal year may be
Section 16. Funding From Other Sources. PA ma during the course of this Agreement, receive
supplemental funds from other sources, includi ,but not invited to, fund raising activities.
Section 17. Term of Agreement. This Agree ent shall co ence on May 1, 2009 and end on May 1,
2012, unless terminated earlier, as provide in this Agreem t. This Agreement may be extended, by
mutual written agreement of the Parties, fo an additional three ear period as set forth below.
A. The City shall have the righ to terminate this Agreeme t for breach of any provision of the
Agreement by PAN, upon ixty (60) days written notice t said breaching party, provided that
the breaching party may a oid termination by curing any su h alleged breach within thirty (30)
days of notification or wit n a timeframe agreed to by the Pa ies. The City may also terminate
this Agreement if PATV i dissolved.
B. PATV shall have the fight to terminate this Agreement for br ach of any provisions of this
Agreement by the Ci ,upon sixty (60) days written notice to the ,provided that the City may
avoid termination b curing any such alleged breach within thirt (30) days of notification or
within a timeframe greed to by the Parties.
C. Upon the occurrence of any of the following events, and notwithstan ing any provisions to the
contrary in PATV's Articles of Incorporation or Bylaws, PATV agrees at the assets of PATV,
including any real estate and equipment, shall be transferred or conveyed, at no cost to the
City or its designee, by PATV to an organization or entity which the City may designate,
which may include the City, to provide public access/ community programming services and
offerings:
Termination, for reason provided herein, of this agreement between the City and
PATV for the provision of public access/community programming services to the
community, including termination for failure to perform as required under said
agreement.
2. Dissolution of PATV as a private, non-profit corporation under the laws of the State of
Iowa.
Failure f~PATV to meet its obligations to repay its mortgage loan under the terms
and condi 'ons of said mortgage ~
D. The City shall have a right to terminate this Agreement on thi y (30) days written notice to
PAN in the event th funding for public access shall cease t be provided by operation of
federal or other applicab law. In such event, and notwithstand' g Section 14. hereof, the City
shall have no liability to p ovide funding to PAN, nor shall th City be liable to PAN for any
damages it may suffer or c im resulting from the termination o this Agreement.
Section 19. Renewal of Agreement. his Agreement may be rene ed, extended or renegotiated for
additional periods, pursuant to the folio 'ng process:
A. If PATV seeks a renewal or re gotiation of this Agr ement, it shall do so on or before
November 1, 2011 by letter of intent o the City requestin renewal or renegotiation.
B. The City shall respond to PAN's le r of intent to equest renewal or renegotiation of the
contract within sixty (60) days. Renewal r renegotia ' n may not be denied solely on the failure
of PAN to make such a request by Nov tuber 2, 011 unless the City has provided PAN a
written notice of the alleged default an oppo unity to cure same, and PAN has not
satisfactorily cured said default.
1. If the City indicates its desire to ren or renegotiate this Agreement, PAN shall,
within sixty (60) days, submit to the ty a etter accepting the contract as is or outlining
the content of the proposed new Ag emen including items to be negotiated.
2. If the Ciry indicates its intention of to rene or renegotiate this Agreement, it must
delineate, in writing, specific re ons for said d ial. On receipt of the specific reasons
for denial, PAN will be allow sixty (60) days provide a cure or a plan to cure the
problems or issues raised the City. The Cit will not be obligated to renew or
renegotiate.
C. Parties to this Agreement shall ke all reasonable efforts to each agreement specific to the
renewal in order to prevent un ecessary interruption of the a ess services provided to the
public under this Agreement.
Section 20. Time. Time is of th essence in the performance of thi Agreement_.and far~ythe
performance of all covenants and c nditions herein. '~ ~'
.,,,
Section 21. Cooperation. Each arty agrees to execute all documents and do I things necessary "end ~,~°
appropriate to carry out the pro sions of this Agreement in good faith. ~ °' `~"
~'R~"~
Section 22. Applicable Law.. his Agreement shall be interpreted and enforced under applici~tlle la?a~ts of
the State of Iowa. However, the parties will consider the use of mediation in attempting tQ [+solve_any
dispute between or among them. In the event of dispute which cannot be resolved throug~mediatii~ii or
where mediation has been rejected by one or both of the parties, the courts of jurisdictiotf'shall bathe
9
Iowa District Court in and for Johnson County, Iowa, and the Southern United States District Court
(Davenport Division).
Section 23 Attorney Fees. In the event aceg dams ues nand/or criminalg prosecution n s soughtn the
this Agreement, and specific performan 9
prevailing party shall be entitled to reimbursement for all reasonable attorney fees and costs resulting
from said litigation.
Section 24. Notices. All not es and other communications to be given by eithe party may be given in
writing, depositing the sam in the United States mail, postage prepaid and addressed to the
appropriate party as follows: J
f
To PAN:
To City:
Public Access Tel
206 Lafayette St.
Iowa City, IA 52240
Inc.
City Clerk
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
Any party may change its address for notice by ritten otice to the other party at any time.
Section 25 Entire Aareement. This Awhether wr' n ornoral Th seAgreementmay be amendedeon aby
all prior negotiations and agreements,
written agreement. No purported oral amendme t to this Agreement shall be valid.
Section 26 Severabilitv. In the event sdmeve~able, a d the gemainder'shall remainlin bull force a d
competent jurisdiction, it shall be deeme
effect.
IN WITNESS WHEREOF, the Parties ve executed this A reement as of the Date written above.
CITY OF IOWA CITY,
a municipal corp oration
DRAFT
By:
Regenia D. Bailey,
Date:
PUBLIC A CESS TELEVISION, INC.
a non-profit rganization
By:
Date:
Date:
Attest:
Marian K. Karr, City Clerk
~~
PA Board Chairperson
1
AGREEMENT
by and between
The City of Iowa City, Iowa, and Public Access Television, Inc.
for
Fundir ,Operation and Management of the Local Public Access Function
FINAL DRAFT VERSION
,~~-~~:
This Agreement is ma by and between the Ci of Iowa City, low~,_ a rngnicip~~
corporation (',Iowa City") nd Public Access T levision, Inc., an ,louva ncsn-prod
corporation (PATV' ), (co ctively Parties ). In consideration of their, ,,~;mutu~a
,s~,
promises, the Parties agree a ollows: = ~,;-: .~~,~
- ~- _'~
c ~.
RECIT S ~°~'
~~
-.~
1. The City of Iowa City desires pro ide support for the use of public access
channel(s), namely non-com er ial community programming channels
provided pursuant to the Cable C munications Policy Act of 1984, the Cable
Television Consumer Protectio d Competition Act of 1992, and the
Telecommunications Act of 19 a all other applicable local, State and
Federal laws.
2. For the purpose of this Ag Bement, p lic access does not include the
government, public library, U iversity of low Kirkwood Community College, or
educational access channel .
3. The franchise agreemen between Iowa City, Iowa and MCC Iowa LLC
provides that certain pay ents shall be made by C Iowa LLC to support the
public access channel(s) and community programmi g.
4. For the purposes of thi Agreement, the definition of pu lic access is providing
residents or groups of esidents of the Iowa City commu 'ty with equipment,
training, professional upport, facilities and/or non-profit m dia program
distribution on local hannel(s) of local video service syste ,reserved by City
or State franchise a reements, for public access programmin use.
Examples of pub c access services to be provided for mem rs of the local
community woul include, but are not limited to, operating a ublic access
facility, employi g and providing professional staff and traine to provide
producer supp rt, operating training workshops, providing, sch duling and
2
5.
maintaining media production equipment, scheduling and managing the
cablecast of community or staff produced media programs on the public
access channel(s), producing community programming or obtaining
programming (live or pre-recorded) of interest to the community, and
developing promotional materials or other outreach efforts to build audiences
or promote the use of public access services in the community.
For the purpose of this Agreement, the definition of Community Programming
is a s cific kind of public access programming that facilitates community
interacti provides community news and information, supports the
communr tion needs and/or documents the efforts of local non-profit groups
and organi tions who organize cultural, artistic, and recreational events and
activities, wh provide social services, who pr mote local political discussion
and debate, w explore issues of economic nd environmental development
or who documen and disseminate the histor of the community.
Some examples of c mmunity programmin include but are not limited to video
coverage of such non rofit activities and events as the 4t" of July fireworks,
Homecoming parade, n for the Schoo Road Races, local sporting events,
local news and document ries, free loca concerts and arts events, coverage of
local political caucuses, fo ms, and ra ies, oral and other local histories, local
scientific and education Conte t, and community public service
announcements.
6. The City of Iowa City has since 90 designated PATV as the approved non-
profit organization to manage a operate the local public access channel,
function and equipment.
NOW, THEREFORE, in consideratio of the utual promises and covenants set forth
herein, the Parties agree as follows:
Section 1. Scope of Services. I consideration of the funding provided to PATV
pursuant to this Agreement, PAT shall perform the Ilowing services:
A. O erate Public Access able Channels . Op rate the public access cable
channel(s) for public a ess and community prog mming purposes. Operation
shall include, but t be limited to, respon ~bilities for administering,
coordinating, and a sisting those who request t use the public access
channel(s). ""-
B. O erate an Acce s Center. Provide a media production cility and` eguipr~ent u -~~1
that shall be av ilable for public use, the products of whic shall be showy on ~-
the public acc s channel. ~ y ~ ~
:,
C. Provide E al Access. Allow access and use of equipme t a~i~ fac~ties
provided rein, together with cablecast time on the public ~cess sable
channels , on anon-discriminatory basis to all members of t e lowa`~ity
3
public. This access shall be only for non-commercial programming purposes,
whether produced or provided by individuals, groups, or organizations. Non-
lowa City residents may be allowed use of equipment and facilities so long as
they pay a minimum annual charge to PATV of twice (2X) the amount equal to
the funding determined in Section 14.A.1 of this document divided by the
number of video service subscribers as determined on the anniversary of the
funding calculation. Additional charges to non-residents may be determined
and required by PATV.
D. Maintain Rules. Maintain written rules and guidelines for the use of the access
equi~xnent, facilities, and cablecast time in cooperation with the City. PATV
shall pr`gvide the City with a copy of said rules and guidelines to allow ICTC to
review aild comment. ,
Said rules aid guidelines shall be consiste t with the Cable Communication
Policy Act of 1''984, the Cable Television Co sumer Protection and Competition
Act of 1992, and'~he Telecommunications ct of 1996, FCC regulations, and all
other applicable 'local, State, and Fe era) laws. Further, any rules and
guidelines specific td.,times and hours of cablecast shall be content-neutral and
consistent with the public forum doctrin ,namely, time, place and manner.
E. Trainin .Provide monthl~training i the techniques of media production and
facilitate production of corr~munity rogramming by providing technical advice
and/or direct staff support. '`~
F. Client Satisfaction. Conduct sessment of client satisfaction of relevant
service, staff, and center o er~igs including but not limited to training,
equipment availability and con itiori;~and staff responsiveness.
G. Programming. Schedule an cablecas programs a minimum of 70 hours per
week on the public acce channel(s) ccording to the adopted rules and
guidelines. Character G erated public ervice announcements cannot be
counted for more than 3 minutes per day f the 70 hour per week minimum
requirement.
H. PATV shall regular) send program-listing in rmation to all appropriate
agencies so that pr ram information may be incl ed in the local print media
(currently the Pres Citizen and Daily Iowan) and on a digital tiers-of the local
cable TV compan (ies), if available. ~
I. Maintenance o E ui ment. Provide regular maintenan a and .repair.~f ali „i~
equipment an to keep all equipment operational in a re sona~le: tirrte=' and J~~
basis. " ._. , .,,
:~::~ ~3
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J. Promotion. Actively promote the use and benefit of the ~ ~blic access
channel(s) nd facilities to subscribers, the general public, acce s users, the
4
City, and MCC Iowa LLC.
K. Community Programming. PATV shall dedicate a minimum of forty percent
(40% +/- 3%) of its monthly programming hours to community programming as
defined in this agreement. This ratio of community programming may be as low
as 20%, only if it is replaced with new content that is locally produced.
L. Performance Review. In cooperation with the City and after three years of
operation under this Agreement, or any renewal or extension thereof,
'\undertake a performance review that shall include an opportunity for public
cess users, cable subscribers, and the general public to provide comment.
M. Oth~ Activities. Undertake other co~unity access activities as deemed
appro late by PATV.
N. Com lian e with Laws Rules and a ulations. Administer the public access
channel(s) nd facilities in complia ce with applicable federal, state, and local
laws, rules, nd regulations, the Iowa City Broadband Telecommunications
Franchise En bling Ordinance and in accordance with the franchise
agreement betty en the City an MCC Iowa LLC.
Section 2. Programming Cdn
and services open to allll loin
censorship, subject to FCC re
the Cable Television Consi
Telecommunications Act of 1
laws
t. P TV agrees to keep the public access channel(s)
Cit residents that are potential users, and free of
of ns, the Cable Communication Policy Act of 1984,
Protection and Competition Act of 1992, the
and all other applicable local, State and Federal
Parties agree that they will no attemp to control the content of programming placed
on the public access chann (s) to the xtent such programming is both lawful and
also remains in compliance ith the progr ming rules and guidelines.
Section 3. Indemnification PATV shall inde nify, defend and hold harmless the City,
its officers, agents, and ployees, from and gainst all claims, losses, liabilities, or
damages, including pay ent of reasonable alto ey's fees which may arise from the
performance of this Agr ement, or which may be used in whole or in part by any act
or omission of PATV.
The City shall inde nify, defend, and hold harmless TV, its officers, agents, and
employees from d against any and all claims, los es, liabilities, or damages,
including payme t of reasonable attorney's fees w 'ch may arise ;.from the
performance oft is Agreement, or which may be caused in hole or in part by any -act w
or omission oft e City. - ~ "'
i.~
=~
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Section 4. Copyright Clearance. Before cablecasting video and/or audio transmission,
PATV shall require all users to agree in writing that they have obtained all required
rights to all material cablecast and clearances from broadcast stations, networks,
sponsors, music licensing organizations; representatives, and without limitation from
the foregoing, together with agreements from any and all other persons as may be
necessary to transmit its or their program materials over PATV's authorized
channel(s). PATV shall maintain copies of all such user agreements for purposes of
insp ction by the City, upon reasonable notice given by said party, and for the term of
the a licable statute of limitations. If and when PATV is notified of any copyright
violation ontained in any individual program being transmitted by PATV, it agrees to
immediate stop exhibition of that same program from all forms of current or future
cablecast o ublic transmission on the cable channels or other transmission outlets
that it controls. PATV shall notify the City romptly in writing upon its notification of
copyright violati If PATV violates this p ovision it agrees to indemnify the City fully
as provided in Sec 'on 3 above for any lia ility imposed on the City.
Section 5. Co ri ht d Ownershi ATV shall own the copyright of any programs
which it may choose, om time to time, to produce. Copyright of programming
produced by the public hall be held by such person(s) who produces said
programming if such person ) so pyrights, subject, however, to PATV's continuing
rights to recording and/or reco ed edia, both physical media and electronic devices,
as is established and governed PATV's adopted rules and guidelines.
Section 6. Distribution Rights.
A. PATV shall require that all progr s produced with funds, equipment, facilities,
or staff pursuant to thi Agreemen shall be distributed on the cable channel(s)
whose use is authori ed by this A Bement. This subparagraph shall not be
interpreted to restrict other productio and distribution (beyond that production
and distribution on able channels aut orized by this Agreement), so long as
such other distribu on is consistent with he approved rules and guidelines as
noted above in S ction 1 A, B and G. A rnative production and distribution
may include "ne media" systems. New m dia is a term meant to encompass
the emergenc of digital, computerize or networked information,
communicatio technologies and Internet production and distribution
opportunities.
B. Payments quired to obtain cable television dist ~ ution rights fof programs
acquired PATV primarily for cablecast use may be made by,:PATV from
funds gr ted under this Agreement. - ~;'b
C. PATV hall display on a daily basis a credit stating " artial fur~dfhg fbr'the=
oper ion of this channel is provided by MCC Iowa LLC long w±~hl'~ny~ther =^
exis ng cable TV franchises, if any,] and by the City of low City " ~ ~:
y.» .•~
~~
6
Section 7. Equipment and Facilities.
A. PATV shall be responsible for maintenance of all equipment and facilities
owned, leased or loaned to PATV under this Agreement or purchased with
funds provided pursuant to this Agreement.
B. PATV recognizes that this Agreement, or property purchased pursuant to this
~reement, may create a possessory interest subject to property taxation, and
that. PATV may be subject to the payment of property taxes levied on such
interest. PATV agrees to pay any and all lawful and non-exempt taxes,
assessl~ients, fees or charges at any time levied by the state, county, city or
any tax'`or assessment levying body upon any property interest in this
Agreement`or on any possessory right w ich PATV may have in property,
improvemenfs~ fixtures or equipment purch sed as a result of this Agreement.
In the event of protest, PATV agrees to pa said taxes under protest, and in no
event will the Ci~y~ be responsible fora fees incurred as a result of such
protest. ~.
\.
C. Cit Funded E ui men nd Facilities. ATV shall own all equipment and
facilities acquired by it an purchase with City funds received during the term
of this Agreement and in p t Agree ents. Upon termination or non-renewal
of this Agreement, PATV agr s th tall PATV's assets, equipment and
facilities shall be donated, trans red, reassigned or disposed of pursuant to
Section 18.C of this Agreement.
Section 8. Insurance. PATV shall aintai in full force and effect, and at all times
during the term of this Agreement, i urance s required by this Section. The cost of
such insurance shall be borne b PATV an may be paid from funds received
pursuant to this Agreement. The ity requires th t the Insurance carrier be A- rated
or better by A.M. Best. All liabil~ y policies shall i lude the Waiver of Subrogation
endorsements in favor of the Ci of Iowa City.
A. Liability Insurance. PTV will maintain Com ehensive General liability
insurance, bodily Inj ry and Property Damage 'nsurance with coverage
amounts of a minim of $1,000,000 for "Each Occ rrence" and $2,000,000
"Aggregate." Com rehensive General Liability sha include Contractual,
Premises & Opera ions, Products & Completed Opera ~ons, and Aggregate
_... ,
Limits of Insuranc endorsement.
PATV will also aintain Comprehensive automobile liabilit for" any velaicle,L~ ~, l
owned, leased, r operated by PATV, at a minimum of $1,00 040 for "Each '~"
Occurrence" c bined single limit. ~ ~a
__~ x~
PATV will m intain Professional Liability with coverage amounts o. ~ ~``mini~um
of $1,000, 0 for "Each Occurrence" and $1,000,000 "Aggregate."'' v
7
B. Worker's Compensation. PATV will maintain full Worker's Compensation
Insurance as required by Iowa Code, Chapter 85.
Employer's Liability insurance with coverage for "Each Occurrence" at
$500,000 for "each accident," $500,000 for "each employee" and a $500,000
policy limit.
C. Cit Co-Insured or Additional Insured. PATV shall include the City of Iowa
City, to a, including all its elected and appointed officials, all its employees
and vol tees, all its boards, commissions and/or authorities and their
boards' m bers, employees and volunteers as ad itional insured on all
policies a ept workers compensation. Suc additional insured
endorsement( shall make the entities liability insur nce primary to the City
of Iowa City's d furthermore, shall not be c tributing with any other
insurance or simil protection available to the Ci of Iowa City, whether such
available protection ' primary, contributing or cess. City of Iowa City shall
be an additional insu d as respects all req fired aforementioned coverage,
which shall be stated o Certificates of ins ance that the City of Iowa City is
an additional insured. T subsections II be interpreted to be expressly
limited to claims made agai st Iowa City ' relationship to PATV's activities.
D. Notification of Coverage. PAT will fil with the City Certificates of Insurance
for coverage required above ' hi thirty (30) days of execution of this
Agreement, and annually on the sa a date thereafter. Upon reasonable written
notice, the City may request that a ificates of Insurance be provided at any
time.
Section 9. Non-Discrimination in to ment. ATV shall not discriminate against
any person, employee, applicant or employment, or subcontractor on the basis of
age, color, creed, disability, g der identity, mari I status, national origin, race,
religion, sex, or sexual orients ' nor political affiliation.
Section 10. Inde endent ontractor. It is understood a agreed that PATV is an
independent contracto and that no relationship of principal/agent or
employer/employee e ' is between the City and PATV. If in he performance of this
Agreement any third ersons are employed by PATV, such p sons shall be entirely
and exclusively u er the control, direction, and supervision o PATV. All terms of
employment, in ding hours, wages, working conditions, di ipline,_ hiring .and
discharging, or ny other term of employment shall be determined y PATV, and:>the
.:.r~,
City shall hav no right or authority over such persons or terms of em oyment. T
. _ „x Y
Section 1 Assi nment. Neither this Agreement nor any interest h rein sh~I~ be ~~
assigned or transferred by PATV, except as expressly authorized in riti~q by.,,.the jz~
City. ~, - ~ ;.~
~.~
V
8
Section 12. Reports
A. Annual Reports. PATV shalt prepare and provide annually to the City, within 90
days following the end of each year (December 31), a written report of
operational activities, which report shall include, but not be limited to, the
following information:
1. Current and complete listing of PATV's Board of Directors.
2. Year-end financial summary.
3. Writte annual reports and statistical comparisons from the previous year,
and to her similar access centers if such dat is available, studio use,
checkout f equipment, editing bay bookin total number of new
producers, t tal number of workshops taught, tal number of new locally-
produced pro ams cablecast on the chann ,and total number of new
"community" pr rams cablecast on the chan el.
B. Periodic Reports. PA~V shall also prepare ar~i provide periodic reports on the
following: \ /
1. Monthly oral reports t Iowa City Telecommunications Commission
meetings. --
2. Quarterly written reports fort e to a City Telecommunications Commission ~~;~-~
_, ,
that will include: -- ` s
~U
a. A general report of operati al tatus. _~ : ~ _ ~ ;~
off. c:_~
b. Current financial statem ts, ~. w_
v
c. An accounting on the tuber of perso trained in the workshops offered
during that quarter, their rate of program c pletion, and whether they are
affiliated with any Univ sity provided at any ti
Section 9. Non-Discrimin tion in Em to ment. PATV s II not discriminate against
any person, employee, pplicant for employment, or sub ntractor on the basis of
age, color, creed, di bility, gender identity, marital statu national origin, race,
religion, sex, or sexu orientation or political affiliation.
Section 10. Ind endent Contractor. It is understood and agree that PATV is an
independent ntractor and that no relationship of p cipal/agent or
employer/empl yee exists between the City and PATV. If in the pe rmance of this
Agreement a y third persons are employed by PATV, such persons hall be entirely
and exclusi ely under the control, direction, and supervision of PAT... All terms of
employme t, including hours, wages, working conditions, discipline, hiring and
9
discharging, or any other term of employment shall be determined by PATV, and the
City shall have no right or authority over such persons or terms of employment.
Section 11. Assignment. Neither this Agreement nor any interest herein shall be
assigned or transferred by PATV, except as expressly authorized in writing by the
City.
Section 12. Reports
A. Annual Reports. PATV shall prepare and provide annually to the City, within 90
days following the end of each year (December 31 ), a written report of
operational activities, which report shall include, but not be limited to, the
following information:
1. Curren and complete listing of PATV's Board of Directors.
4. Year-end fir'r~ncial summary.
5. Written annual ports and statistical comp isons from the previous year,
and to other simi r access centers if su data is available, studio use,
checkout of equip ent, editing bay okings, total number of new
producers, total numl~r of workshops ught, total number of new locally-
produced programs ca lecast on th channel, and total number of new
"community" programs ca lecast on a channel.
B. Periodic Reports. PATV shall a
following:
2. Monthly oral reports at
meetings.
2. Quarterly written
that will include:
a. A general re
b. Current fin
pare and provide periodic reports on the
Telecommunications Commission
for the Iowa City
of operational status.
I statements,
Iecommunications Commission
;~,
~~°°~
;. --_
~;: ~3
v
c. An acc nting on the number of persons traine in the workshops
offered dur' g that quarter, their rate of program comple 'on, and whether
they are affiliated with any University of Iowa project r class, other
educati al institution or community organization, or are pe ons who are
not re 'dents of the City of Iowa City,
d. sting of individual community programs produced and cadlecast within
th last quarter; PATV's role in the production of the community
10
programming listed, if any; the nonprofit organization the program was
produced for or reason the event or activity was selected and determined to
be a community program, and the run times of each program-
e. A report of individual public access programs and their run times
produced and cablecast over the quarter.
f. Other information deemed important by PATV.
3. Other reports reasonably requested by the City Council, Iowa City
Telecommunications Commission or any current or future franchise
agreement.
Section 13. Records. PATV shall maintain all necessary books and records, in
accordance with generally accepted accounting principles.
Section 14. Relationsl' with Cable Franchis .
A. Fundin .PATV sha~receive fundin as a result of the franchise agreement
between the City and ~CC Iowa C. Pursuant to the aforementioned, funds
will be made available t PATV a follows:
1. City shall pay to PR~V monthly 1/12 of an amount based on a 2009
annual payment of 18,937.21, subject to a yearly escalator as
provided in the fran is agreement between Iowa City and MCC Iowa
LLC and furthers ject °t~o the provisions of Subsection A. 2 of this
Section. 'e
2. All of the abov notwithstandir~, funding from the City to PATV shall
only be provide as long as Cabl Television Franchisee is obligated to,
and continues o, provide funding a specified in Subsection A. 1. of this
Section. Ci shall not be obligate herein to make any payment to
PATV unde this agreement unless a d until such amount is paid to
Iowa City MCC Iowa LLC.
3. In the a ent that additional Iowa City cable franchise agreements are
accom fished by other cable, telephone or si ' ar service providers, the
City a rees to make a good faith effort, but with t guarantee, to obtain
simil r or adjusted agreements as defined in S ction 14.A.1 of this
con act Agreement with the new franchisee(s) if Ilowed by federal,
st e, or local law. A good faith effort shall include a equest in wr#ing w ,
f m the City to the franchisee(s). If there are any nego 'ations betwieen .,.'~
he City and franchisee(s) concerning potential fun ing ; ,for ~~blic ~ `'`'
access, a representative of PATV shall be permitted to be present _ _"~
_._ :.a ~
r ~ .. ,ems
,,~:-~
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11
B. Continued Services.
The Parties shall continue to utilize dedicated channel(s) as provided for
in the City's cable ordinance decreeing public access channel
dedication.
2. The City will make reasonable efforts to enforce all provisions of its
ordinance and franchise agreement regarding public access.
Section 15. Expenditure of Funds. PATV shall spend funds received from the City
solely for tlil~ purposes listed in this Agreement, and for the purpose of accomplishing
PATV's mandate as described in PATV's Articles of Incorporation and Bylaws. Funds
not expended i~a given fiscal year may be carried over into succeeding fiscal years.
Section 16. Fun From Other Sources. PATV/ may, during the course of this
Agreement, receive pplemental funds from oth~r sources, including, but not limited
to, fund raising activitie
Section 17. Term of A ree ent. This Agre ent shall commence on May 1, 2009
and end on May 1, 2012, un ss terminate earlier, as provided in this Agreement.
This Agreement may be extend , by mu al written agreement of the Parties, for an
additional three year period as set rth b low.
ion
A. The City shall have the rig t to to inate this Agreement for breach of any
provision of the Agreemen y PATV, pon sixty (60) days written notice to said
breaching party, provide that the bre Ching party may avoid termination by
curing any such allege reach within thi (30) days of notification or within a
timeframe agreed to by the Parties. a City may also terminate this
Agreement if PATV i dissolved.
B. PATV shall hav the right to terminate this A Bement for breach of any
provisions of th' Agreement by the City, upon sixt 60) days written notice to
them, provide that the City may avoid termination b curing any such alleged
breach withi thirty (30) days of notification or within a ~ eframe agreed to by
the Parties
C. Upon th occurrence of any of the following events, and no ithsfanding-any„_, ,
provisi ns to the contrary in PATV's Articles of Incorporation o Bylaws, PATV:,,.:",.,,;
agre that the assets of PATV, including any real estate a equipt`fT~nt,; _ '~
shat be transferred or conveyed, at no cost to the City or its esgnee, by•
PA V to an organization or entity which the City may designate~.-whiclr't~ay .
inc ude the City, to provide public access/ community programm~iag~ serves
an offerings: ~~
12
1. Termination, for reason provided herein, of this agreement between
the City and PATV for the provision of public access/community
programming services to the community, including termination for
failure to perform as required under said agreement.
2. Dissolution of PATV as a private, non-profit corporation under the laws
of the State of Iowa.
3. Failure by PATV to meet its obligations to repay its mortgage loan
under the terms and conditions of said mortgage
D. The City shall have the right to terminate this Agreement on thirty (30) days
wr~ten notice to PATV in the event that funding for public access shall cease to
be provided by operation of federal or other applicable law. In such event, and
notwitli~standing Section 14. hereof, the City shall have no liability to provide
funding tb, PATV, nor shall the City be liable to PP~TV for any damages it may
suffer or claim resulting from the termination of thyt Agreement.
Section 19. Renewal A reement. This Agreeme may be renewed, extended or
renegotiated for additiona eriods, pursuant to the Ilowing process:
A. If PATV seeks a rene I or renegotiatio of this Agreement, it shall do so on or
before November 1, 20 by letter of 'tent to the City requesting renewal or
renegotiation.
B. The City shall respond to T 's letter of intent to request renewal or
renegotiation of the contract wi ~ sixty (60) days. Renewal or renegotiation
may not be denied solely on a 'lure of PATV to make such ~° reques,~ by
November 2, 2011 unless t City h provided PATV a written n"otice of. the
alleged default and opport nity to cure ame, and PATV has not -satisfaofionly y~y
cured said default. ~~ ~.
,'ti
1. If the City indi ates its desire to rene r renegotiate this~-ykgreei'~irent, ,.t
PATV shall, ithin sixty (60) days, submi o the City a letter=acce~tmg
the contra as is or outlining the cunt t of the proposed ~:-,~ew
Agreeme including items to be negotiated.
2. If the ity indicates its intention not to renew r renegotiate this
Agre ment, it must delineate, in writing, specific reas s for said denial.
O eceipt of the specific reasons for denial, PATV will e allowed sixty
days to provide a cure or a plan to cure the probl s or issues
aised by the City. The City will not be obligated to renew or enegotiate.
C. Parties to this Agreement shall make all reasonable efforts to ready agreement
specific to the renewal in order to prevent unnecessary interruption of the
access services provided to the public under this Agreement.
13
Section 20. Time. Time is of the essence in the performance of this Agreement and
for the performance of all covenants and conditions herein.
Section 21. Cooperation. Each Party agrees to execute all documents and do all
things necessary and appropriate to carry out the provisions of this Agreement in good
faith.
Section 22. Applicable Law. This Agreement shall be interpreted and enforced under
applicable laws of the State of Iowa. However, the parties will consider the use of
mediation n attempting to resolve any dispute between or among them. In the event
of dispute ~hich cannot be resolved through mediation or where mediation has been
rejected by one or both of the parties, the courts of jurisdiction shall be the Iowa
District Court i19., and for Johnson County, Iowa, and; the Southern United States
District Court (Davenport Division). ;~
Section 23. Attorne s. In the event a legal dis ute arises concerning the terms
and conditions of this Agr ment, and specific perf mance, damages and/or criminal
prosecution is sought, the p vailing party shall a entitled to reimbursement for all
reasonable attorney fees and co s resulting fro said litigation.
Section 24. Notices. All notices and her co munications to be given by either party
may be given in writing, depositing t s e in the United States mail, postage
prepaid and addressed to the appropriate rty as follows:
To PATV:
Public Access Televisi ,Inc.
206 Lafayette St. - _ `
;,,
..f .:..
Iowa City, IA 52240 ~ ~ -
To City:
City Clerk
City of Iowa ity
410 E. W hington Street
Iowa Cit , IA 52240
Any party may cha ge its address for notice by written notice to the other pa at any
time.
Section 25. En ' e A reement. This Agreement is the entire agreement of the Parties,
and supersed all prior negotiations and agreements, whether written or oral. This
Agreement ay be amended only by written agreement. No purported oral
amendment o this Agreement shall be valid.
. _.J
~.,.:~
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c~
14
Section 26. Severability. In the event some portion of this Agreement is found invalid
by a court of competent jurisdiction, it shall be deemed severable, and the remainder
shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Date
written above.
CITY OF IOWA CITY,
a municjpal corp oration
PUBLIC ACCESS TELEVISION, INC.
a non-profit organization
DRAFT
By:
Reaenia D. Bailev: ~ilavor
DRAFT
By:
PATV Board Chairperson
...
,..~
G~
'_,_ :^
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,~
THE ~
UNIVEIZSI'[Y
OF IOWA
City Council Members
City of Iowa City
410 E Washington Street
Iowa City, IA 52240
Dear Council Members,
WOMEN'S RESOURCE AND
ACTION CENTER
130 N. Madison Street
Iowa City, Iowa 52242-1725
319-335-1486 Fax 319-353-1985
www.uiowa.edu/~wrac '
August 18, 2009
We are writing on behalf of the staff and volunteers of the Women's Resource and Action
Center (WRAC) at the University of Iowa to articulate our enthusiasm for Iowa Public Access
Television (IAPAN) and your continued support of their commitment to community
programming.
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As an organization, our experience with IAPATV continues to be a positive one. The staff is
easy to work with, genuinely invested in their mission of providing an accessible, collaborative
media outlet to local residents, and very skilled at helping those of us who are less familiar
with media production feel comfortable and successful in our endeavors.
WRAC has benefitted directly from IAPATV's technical support and programming
opportunities, showcasing our social justice initiatives and outreach efforts through its Live and
Local segments. As members of Iowa Shares, a statewide coalition of non-profit organizations,
we've also been able to better communicate our message and purpose using the channels
IAPATV provides for all of us as a community. From the assistance they provided us in the
development of our programming to the use of technology we would otherwise not be able to
afford, IAPATV is an invaluable resource to our organization and to the larger community.
It is our pleasure to express our gratitude for their hard work and true commitment to their task.
We also want to thank the City Council and the City of Iowa City for your continued support of
this extraordinary resource. We look forward to future collaboration!
Thank you for your time and conslderatlon.
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August 24, 2009
Josh Goding
Public Access Television -Iowa City
206 LaFayette
Iowa City, Iowa 52240
Dear Josh:
I wanted to write a letter to you personally re: Public Access Television -Iowa City and
the importance of this organization to Iowa City and the Greater Cedar Rapids/Iowa City
Corridor.
As you know, I represent 150 arts and culture organizations in the 1 I-county area around
Cedar Rapids and Iowa City. Last year, Public Access Television -Iowa City contacted
us about putting together a forum for the arts and culture organizations to talk about the
effects of the 2008 Floods. The program that resulted helped several nonprofit arts and
culture groups to talk directly to their Iowa City audiences at no charge to the nonprofits
represented.
Public Access Television -Iowa City has been a big help to many groups get the word
out about their events. PATV came to our annual meeting and award show, the Iowa
Cultural Corridor Alliance (ICCA) Excellence in Innovation Awards (aka The Icky's!),
and videotaped the Red Carpet entrances of celebrities and guests. The subsequent airing
of this footage offered ICCA no-cost publicity that has been invaluable to our
organization.
Thank you so very much for all of your hard work and dedication to helping the arts and
culture nonprofits of the Cedar Rapids/Iowa City area.
Sincerely,
Joe Jennison
Executive Director
Iowa Cultural Corridor Alliance
P.O. Box 95 -
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Hello Your Honor.
It is my understanding that PATV is up for some kind of funding review tonight.
I wanted to voice my support as both a business member and resident of Iowa City in
support of the financial guidance our city offers the locally produced content.
Josh Goding of PA TV has taken his time on more than one occasion to attend
informational classes which the Co-op offers regarding the connection between Nutrition
and Health and has carefully edited videos bringing this content to the citizens for free.
This helps New Pioneer's mission of education and offers relevant and unique views in
an alternative avenue for broadcast.
I know that PA TV programs are watched because I have heard from several people that
they have seen me on them.
Thanks for all you are doing and for your consideration in this matter.
Best Wishes,
Genie Maybanks
Customer Service Manager
New Pioneer Food Co-op
22 S. Van Buren
Iowa City, IA 52240
319.330.3652
I would like to voice my support for the contract renewal for PATV-18. My name is
Adam Pollack and I am the coach of the nonprofit Iowa City/Coralville Boxing Club. I
have found PATV to be a wonderful resource. It is so rare and refreshing to find a '
channel that is truly open and free to the public, where anyone can find a home for his or
her artistic and political expression. PATV has done several shows on my boxing
program, as well as the Police Athletic League program. The beauty about PATV is its
variety. It is not beholden to market forces. It is open to all, giving everyone the
opportunity to express themselves as they see fit without any censorship. It serves a
valuable public function. Freedom of speech is fully on display, and as the only avenue
where anyone can express themselves on television, it is as true an evidence and
expression of our democracy as any that I can think of. The fact of its existence makes
Iowa City a better place. PATV is a cornerstone to the beauty and variety that makes
Iowa City such a wonderful place to live.
Sincerely,
Adam Pollack
Iowa City/Coralville Boxing Club Coach
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PATV has recorded my lectures to the public about multiple sclerosis, nutrition and will
record my upcoming lectures in the food as medicine series. By completing the
recording of the food as medicine series PATV has made this information more available
to the community of Iowa City. As a result thousands of people have the potential to
benefit from learning how they can take greater control of their own health. This is the
power of PATV, improving the ability of local citizens to communicate more effectively
to one another. It is an invaluable community service. This one act, which will have a
ripple effect of slowly improving the health of our community, can be replicated time and
time again, as PATV supports other similar educational efforts.
Terry L Wahls, Professor of Medicine, University of Iowa, Assistant Chief of Staff, Iowa
City, VAMC.
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Dear Iowa City Council Members,
PATV has been an important resource for our local nonprofit, Mediation Services of
Eastern Iowa. With PATV's expertise, we have produced two training videos in
collaboration with the Iowa Coalition Against Domestic Violence. We had a low budget
and PATV was willing to work with us every step of the way: filming, editing,
formatting, and designing the final project. Thanks to PATV, we are on the brink of
being able to offer a training video with professional commentary on Mediation and
Domestic Violence. There is nothing like this that already exists to train family
mediators. Thanks to PATV, it now exists and will be used to train mediators locally and
around the country and the world as part of a curriculum primarily written by the Iowa
Coalition Against Domestic Violence.
I personally have used PATV to edit interviews with members of the oldest generation in
my family. The staff has been very helpful.
PATV is an important community resource for individuals, families, businesses and
nonprofits. PATV fosters creativity, education and communication in our community.
PATV provides an opportunity for individuals to gain and use the skills they need to
produce their projects and enrich our community and the world beyond.
Thank you for continuing to support PATV.
Sincerely,
Annie Tucker, Director
Mediation Services of Eastern Iowa
I really appreciate PATV because it makes it possible to view area church services. I also
appreciate the wonderful local talent and creative ideas, which are showcased in fun and
professional ways by our Public Access Television. It is also a wonderful forum
for innovative ideas and needs our local community members recognize. And it spotlights
programs and ideas which help to meet these needs. As a local public access it helps
educate citizens about underreported ideas, issues, and opportunities for action. It is
therefore a civic tool which allows and informs citizens to encourage responsible civic
action. It is an invaluable community resource. I appreciate PATV and hope you will
continue your vital support. Thank you.
Kris Johnson
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Dear PATV and to Whom it may concern,
As a long time advocate of freedom of expression and speech, I would like to lend my
support and gratitude for the services and support which PATV offers to the community
of Iowa City and Johnson County. Nowhere else on the Television dial today is there
more diversity and creativity than in the programming that is created through the resident
and resources made available by Public Access Television Studios here in Iowa City.
In these times, when terms such as union of apathy, path of least resistance and curb your
enthusiasm are the norm, PATV stands apart as a unique place that young and old alike,
can go to be productive! PATV makes media available to ALL residents of Iowa City.
As a member of PATV, you get access to high-tech digital cameras for check-out,
multiple in-house editing suites to do post production and afull-blown live video
production studio for broadcast.
Sure the programming on PATV isn't as riveting as "COPS" or as real as "Brooke Knows
Best" or as drama filled as "WWF Smackdown" but, it is far more diverse, educational,
cultural, artistic and spiritual than what you'll see on all 150 commercial channels one
might surf in a typical hour.
As a video production studio owner and long term resident of this community, I would
like to personally thank the City of Iowa City and Mediacom for your continued support
of ALL access channels. We the residents of Iowa City are very fortunate, and I for one
would like to thank you for your support of access television, keep up the good work!
-Andy Small
President and Owner
THE VIDEO CENTER
25 N. Van Buren St.
Iowa City, IA 52245
Josh, I hope you can forward this info to the public hearing on Monday August 24. I do
again want to apologize for my absence. I just have too many meetings scheduled #~or
this time, and date. PATV, I fee it has a significant impact to our community, and
organizations that are within the community. I'm presently the Bicyclists of Iowa City
President. We have used the PATV to promote our signature bike ride which takes place
each fall. This ride is our yearly event that we promote through the PATV to raise money
for cancer research. We have partnered with the Holden's Comprehensive Cancer Center
at the University of Iowa. We rely on PSA to get the word out about this great event.
This enables us to give back to the community. We also use the PATV to promote Bike
to Work Week each and every year. I'm sure there are several other groups, or clubs who
depends on this service.
Steve Rudin,
Bicyclists of Iowa City
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My wife and I produce a show called "The College of Self-Knowledge". In the spirit of
"know thyself", our show (actually a series of short pieces) suggests some ways to
accumulate self-knowledge by recognizing small "glimpses of self' which I've come to
believe we're all having on a daily basis. Although she is blind, my wife has found ways
to be my director and camera-person, by putting some small plastic "braille dots" on the
equipment in the control room.
I consider myself to be an excellent example of the kind of private citizen who can
really benefit from public access television, for the following reasons. First, I feel that I
have something to say which may be of value to my neighbors. Second, I have very little
discretionary funds to devote to this end. And third, no commercial outlet would likely
be interested in airing my views. Without public access tv, my contribution would never
have the opportunity to be judged by my peers.
I just submitted our first project to you, and each member of your team has helped my
wife and I to get the job done. We've found your collective expertise to be a deciding
factor in our efforts to succeed in manifesting our ideas into a concrete form.
It's my impression, though, that you operate on a fairly tight budget. Currently, one of
your three editing stations seems to be in need of some new hardware. This means that
there is increased competition for the remaining two stations. Some of those who are
vying for my seat are independent producers like myself. Others appear to have been
contracted by you to cover various community events.
As I understand it, there are seven tv stations in the Iowa City PEG group. Four of
these are devoted to education (channels 10, 11, 17 and 21). Two are devoted to local
government and community events (channels 4 and 5). And one is devoted to public
access (channel 18).
By this count, I would expect that sufficient resources have been directed to covering
community events that the single station devoted to the "P" in PEG would have very little
expected of it in this area. In short, Josh, I hope that the City Council will not charge you
with even more duties to cover community events, so that I can stop worrying about
scarcity of resources at the station and get back to my passion!
Like a lot of people, I have a love-hate relationship with speaking out in public. If I'm
feeling brave on August 24th, I'll stand up and tell the Council first-hand how happy I am
with the service you provide. If not, then I hope this letter will suffice.
Michael Baxter, PhD
retired professor of business ethics
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PATV has helped me and organizations I've been involved with many times over the
years.
For example, the River City Housing Collective celebrated their 30th anniversary two
years ago and I was able to put together a program that explained what the housing co-op
is all about. We showed photos from way back in the early days of the 1970's when the
co-op was formed and interviewed some of the early organizers, including Dan Daly.
This alternative housing allows students and others to live in a house and be involved
with decisions that determine how the house is run and what foods are bought, etc.
Though it has been around for three decade and the Daily Iowan has done several stories
about RCHC, the regular media basically ignore this self-help movement. If it were not
for public access, fewer people would know about it.
I also worked with a group called People for Justice in Palestine to call attention to the
destruction of Palestinian homes with the use of huge bulldozers especially designed and
built by Caterpillar for home destruction. The human consequences of this "enterprise"
are rarely if ever addressed by the main stream media, so PATV really helps us fill the
gap on that issue.
When the Green candidate for President came through town in 2004, we were able to
interview him at PATV studios.
I have always found the staff and director of PATV to be not only helpful, but critical in
working with us and it seems clear to me that the community benefits so very much from
the way the station is run and managed. I've worked at public access stations in New
York and New Mexico and I can honestly say that PATV is one of the best in the nation.
We all need to value this resource that not only democratizes the media, but our
community by allowing us to have our voices heard and get our messages out.
Thank you.
Gloria Williams
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Public Access TV has been great for Prairie Lights. Having lost the support of WSUI,
any media presentation of our reading series is mightily appreciated. Customers are
constantly coming into the store to ask for books by authors they've seen on TV, that is
Public Access TV. If there is a particularly good author at Prairie Lights, it is perfectly
possible that your presentation might be the best thing on TV that night. It would be
dreadful to lose this vital coverage at a difficult time for local businesses. We are hoping
that funding for this important community service will continue to enrich the cultural life
of Iowa City.
Paul Ingram
Prairie Lights Books
Iowa City is extremely fortunate to have an organization such as PATV. Especially
given how increasingly corporate our country's news and entertainment organizations
have become, it's critical to have organizations that (a) offer diverse content and (b) train
citizens in the use of the technical equipment necessary to disseminate that content.
PATV has been extremely helpful to Landlocked Film Festival as we pursue our goal of
bringing people together to watch movies that broaden understanding of topics that are
rarely covered. This year that includes documentaries about disabled women and sex,
Cairo "garbage people" who sift through the city's trash to find recycles in order to
support their families, and the peace movement inside Israel. Independent narrative
feature movies, which are more like traditional entertainment, also bring many people
into downtown Iowa City, which facilitates another Landlocked goal of being an
economic development engine for the area.
PATV also works with Landlocked to re-screen some of our fest selections at encore
showings in the community. This year, also, we are working with PATV to put on a
workshop geared towards getting local people interested in learning how to use video
equipment and to make their own movies, whether documentary or narrative. PATV
employees are knowledgeable, professional, talented, and very giving of their time and
resources.
Video production has become ever cheaper over the decades, putting the means of
production into the hands of citizens, but it is up to the citizens to do something with that
power. Cheap as it is, it is not free, so PATV is there to provide equipment and training
so that people can actually use the power, and PATV is also there to provide the forum
for disseminating people's work to the general public and for giving voice to diverse
opinions and ideas.
Mary Blackwood
Creative Director
Landlocked Film Festival
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Prairie Voices Productions
PO Box 3411
Iowa City, IA 52244
Dear Council Members,
I am writing on behalf of the staff of Prairie Voices Productions/The Iowa Women's
Music Festival to express our support for Iowa Public Acess Television (IAPATV) and
your continued support of their commitment to community programming.
We have worked with PATV off and on throughout the 16 years of the Iowa Women's
Music Festival. The PATV staff and volunteers have enthusiastically embraced our
mission to highlight the work of women artists in the state of Iowa. We believe that we
share the common goal to empower individuals to develop and use new skills, often
outside of their everyday jobs; and to provide them with the resources to do so. PATV
has been committed to this mission for a long time. A number of our volunteers have
completed PATV's training and have served as producers of community-based
programming, including programs featuring our outdoor festival performers. In this way
the work that we do to produce the music festival reaches a larger audience and lives on
over a number of years. Additionally, we have been able to publicize the festival through
programs like "Live and Local." We appreciated the visibility that local television
programming provides.
One of the philosophies that we believe we share with PATV is to break down the walls
between the audience and the performers (or for PATV, the program), giving
opportunities to those who might be denied such opportunities in other venues. PATV
provides an opportunity for the free expression of ideas in the community which is
otherwise limited to a very few privileged voices in televised media. This is a real and
valuable gift to the community.
We thank the City Council and the City of Iowa City for your continued support of this
extraordinary resource, and look forward to working with PATV again in the future.
Thank you for your time and consideration. ~ ~ .•5
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August 17, 2009
To the Iowa City City Council,
The National Alliance on Mental Illness (NAMI) Johnson County would like to share its
appreciation for PATV 18's efforts on raising mental illness awareness in our
community. PATV 18 has given NAMI Johnson County the opportunity to discuss
mental illness in order to reduce the stigma surrounding the illness and to educate the
community. Their ongoing support has enabled NAMI Johnson County to improve the
quality of life of all those affected by mental illness.
Nyle Jessen, Co-President of NAMI Johnson County
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To whom it may concern:
I work with Iowa Valley Habitat for Humanity and would like to express my appreciation
for Public Access Television. PATV has been an excellent resource for Iowa Valley
Habitat for Humanity in promoting our special events and creating awareness by reaching
a selected targeted audience -viewers of Public Access Television.
In particular, Live & Local allows us to showcase the various facets to our organization,
and in my opinion, is a very informative and entertaining program to better understand
our community.
Iowa Shares, another organization I represent, is a coalition of nonprofit organizations
seeking workplace giving and has been featured on Live & Local. For this size of
federation, we have very few means of advertising ourselves and run into funding
limitations. Live & Local is one of the few outlets that has allowed us to shine and get
our message out to the public. The complimentary DVD we receive after taping the show
has also been a great publicity tool to telling our mission to new member organizations
and businesses that we're reaching out to.
PATV is an important part of nonprofits and our community. On behalf of Iowa Valley
Habitat for Humanity, I hope my input is taken into consideration when deciding whether
or not to renew their term for the next three years.
Sincerely,
Kasie Ver Schuure
Director, Resource Development
Iowa Valley Habitat for Humanity
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24 August 2009
To Whom it May Concern;
I'm writing this letter in support of Public Access Television (PATV). PATV has been a
wonderful community partner for the Career Connections Program.
Career Connections provides students with disabilities the extra training and support
needed to become independent and successful in community jobs. We have had several
students receive training and support through employment internship opportunities at
PATV. Students have completed workshops to develop the skills to operate cameras on
several television shows. They continue to develop those skills as well as graphic and
sound design as they grow more confident and knowledgeable. We have even had a
student develop the camera operation skills to become successfully employed by the City
of Iowa City Cable Channel 4! That student is now going to a college in western Iowa to
study broadcast media.
PATV has been able to help train students to help develop new worker skills such as
showing up to work when scheduled and on time. We appreciate PATV for the
commitment to working with youth and helping to shape tomorrow's workforce!
Sincerely
Melissa Copeland-Silver
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With the help of PATV, I recently began learning how to use video and film equipment
for the first time. I knew very little about filmmaking but had an idea for a documentary
program about the closing of a local business. After a camera basics workshop, PATV
staff members helped me organize my ideas and expand my vision. Soon, I was checking
out camcorders, tripods, wireless mics, and more. I was bringing back tapes and learning
how to edit them. Without the creative and technical support of PATV, my ideas for a
film would never have begun to materialize.
Being a member of PATV has also encouraged a stronger connection to my community.
With access to local public television production, I continue to find new opportunities to
film and document events in and around the area.
Most of all, I'm impressed by the way PATV teaches and advocates media literacy in an
age of ever-expanding media influence. With its openness to growth and change, I
believe PATV's programming will continue to exercise its potential to reflect the
diversity and creativity of the community it serves. This spirit of activism and inclusion
marks PATV as an invaluable resource for the Iowa City community.
Thanks to all the folks at PATV! And best luck at tonight's meeting. I'll try to be there.
Melissa Brown
PATV Producer
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Monday, August 24, 2009
Dear Iowa City City Council:
Thank you for the opportunity to express my support for Public Access Television.
Public Access Television has been an invaluable resource for my students in the Iowa
City School District. They've actively participated in PATV's FREE programs for the
past 7 years, and have produced more than a dozen programs using PATV resources.
PATV has supported my class by sending guest speakers fora `service' panel, voted by
the students of ICCSD. Every year, my students receive a list of 80 service organizations
in Johnson County and they vote on which organizations to invite for their service panel.
Three times they have voted PATV as their top five organizations! And all three years
PATV has provided us with excellent guest speakers.
PATV has supported my students in countless service projects, ranging from Child
Labor, to the Raptor Center, Factory Farming, Animal Shelter, Seniors, Global Warming,
Wildlife, and even PATV itself. The PATV project involved students actually
videotaping and producing TV programs of their peer's service projects! As a teacher it
was so delightful to watch my students produce television programs about their peer's
service projects.
PATV has extended itself to my students unconditionally again and again. I often ask
PATV to go beyond their purview to help my programs, and they say YES 100% of the
time. For example, they will send their staff to a farm to videotape my kids interviewing
a family farmer. (Generally it is the consumer's responsibility to take the classes and rent
the cameras). They will make me copies of the shows my students produce, they will
come to my classes whenever I ask (and share fun resources, like bumper stickers etc
with the kids) and they will even let the kids use their technology *(with their
supervision).
PATV is a wonderful, CRITICAL program in our community, and I thank you in
advance for supporting one of my very favorite teaching resources. Please do not hesitate
to contact me if you'd like to discuss PATV's exceptional service any further.
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Our affiliation with Public Access Television has been enjoyable and rewarding both personally, professionally
and most of all for our students! Over the past year, PATV has afforded several of our students a forum to
explore careers in media, broadcasting and production.
Career Connections is a program that works in cooperation with Grant Wood AEA, UI Center for Disabilities
and Development, Goodwill Industries of the Heartland, and the following school districts -Iowa City
Community, Solon, Clear Creek -Amana, Highland, Tipton, West Branch and Mid-Prairie. We work with
youth who are at risk or who have disabilities to help them learn about careers. We do this through career
exploration, internships and ultimately placements. I like to think of it as helping kids get "jump started" into
careers.
Josh and the staff at PATV have provided a welcoming and empowering environment for our youth to learn and
grow in their skills in video production, animation, camera operation and learning the basic skills for working!
The leadership and easy going styles embodied in all who work there provide great role modeling for youth who
are often struggling to find their way.
PATV reflects our community as few other places can or do. The diversity of opinions, topics and people truly
is the melting pot that we as citizens of the US and Iowa City can be proud o£ Several of our students have
found PATV to be one place where they fit in and can play a valued role.
One of our students began college today pursuing a degree in broadcast media! This is due to a large extent to
the staff at PATV. This young woman lacked confidence in herself and her skills but knew that she desired to
do this sort of work. Staff lead her and bolstered her to try new things and helped her to uncover her unique
skills and strengths. Not only did she learn what she desired to do but also developed friendships that may last a
lifetime.
Another student who had no work experience and limited knowledge of what he wanted to do (other than be an
animator) has done a long term volunteer internship with PATV helping with camera work, some directing and
helped with graphics. Special animation classes were structured to help his unique learning styles. Staff have
shown amazing patience and support for this sometimes challenging person.
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1700 South First Avenue Suite 11A • Iowa City, IA 52240 • 319-337-4889
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From:
Sent:
To:
Subject:
Dear Councilors,
Josh Goding [josh.goding@gmail.com]
Friday, September 25, 2009 5:16 PM
Council
PATV contract and public hearing
Soon PATV's contract extension will be before you. The staff and volunteers of Public
Access Television look forward to three more fantastic years of local programming, media
education, and technology access for Iowa City citizens.
August 24th there was a public hearing in support of Public Access Television. That night,
more than twenty community producers and organizational members told the Iowa City
Telecommunications Commission why they love PATV.
There is a web-video of those testimonials available for you to view at
http://www.patv.ty.
Also, the hearing will run in its entirety (about an hour) on PATV, Mediacom Channel 18,
at the following times:
SAT 9/26 at 12:30 pm
SUN 9/27 @ 10:00 pm
MON 9/28 @ 12:00 pm
TUES 9/29 @ 1:00 pm
Iowa City can be proud of PATV, and all of our access channels.
Together we produce thousands of hours of original, locally-based and non-commercial
programming each year -- informing our citizens, promoting diversity, and strengthening
our democracy. Thank you for supporting Your Neighborhood Network, PATV!
Sincerely,
Josh Goding
PATV Director
contact@patv.ty
319-338-7035
1
,~
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252
RESOLUTION NO. 09-316
RESOLUTION SUPPORTING INTERCITY PASSENGER RAIL SERVICE
BETWEEN CHICAGO AND THE CITY OF IOWA CITY
WHEREAS, the Iowa Department of Transportation (DOT), in collaboration with the Illinois
Department of Transportation is seeking High Speed Rail Corridor and Intercity Passenger Rail
Service funding to implement passenger rail service between Chicago, IL and Iowa City, IA; and
WHEREAS, these funds would support environmental impact analysis, track infrastructure
construction and improvements, layover facility construction, and station improvements and other
infrastructure necessary to implement passenger rail service; and
WHEREAS, Illinois DOT and Iowa DOT have agreed to a memorandum of understanding
specifying responsibilities for operating costs of passenger rail service between the two states;
and
WHEREAS, the Johnson County Council of Governments Board has voted to locate the
passenger rail depot in Iowa City near the University of Iowa campus; and
WHEREAS, the City of Iowa City is actively pursuing the depot location and is committed to
operating the depot through the City's Transportation Services Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City of Iowa City strongly supports the application for intercity passenger rail service
funding to implement improvements necessary for passenger rail service between
Chicago, Illinois and Iowa City, Iowa.
2. Approval of this application will help the State of Iowa and the region move forward with
the Midwest Regional Rail Initiative.
Passed and approved this 29th day of September , 20 09
ATTEST: j~'~i~-a~ ~~~
CI ERK
`C~~~f Y
City Attorney's Office
r3
Jccogadm/res(ntercityrailsupport9-15-09.doc
Resolution No. 09-316
Page ~
It was moved by Champion and seconded by Wilburn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
~ Champion
~ Correia
X Hayek
~_ O'Donnell
g Wilburn
~ Wright
wpdata/glossary/resolution-ic.doc
13
~-----
~~ m e m o
r~~
Date: September 22, 2009
To: City Council
From: John Yapp, Transportation Planner~}~'/ ~ ~
Brad Neumann, Assistant Transportation Plannei~~'*'
Re: Consideration of a resolution supporting intercity passenger rail service between
Chicago and the City of Iowa City
This resolution and letter declares Iowa City's support for the State application for High Speed
Rail and Intercity Passenger Rail Service (HSIPR) grant funds. Iowa DOT is submitting this
application jointly with Illinois DOT for improvements to the rail corridor between Chicago and
Iowa City. These funds would support the Environmental Impact Analysis, track infrastructure
construction and improvements, layover facility construction, and station improvements.
There is a statement in the draft resolution of support which states "The City is committed to
operating the depot." Similar to other City facilities, there is some local cost in "operating" the
depot which Council should be aware of, including utilities, interior and exterior maintenance,
and mechanical systems maintenance. There will also be some commitment of staff time,
primarily to unlock doors in advance of the trains' arrival and conducting normal building
operations, including cleaning and minor maintenance; it is planned that the depot would be
operated under the City's Transportation Services Department. Amtrak officials have let us
know Amtrak will participate in the cost of utilities in the waiting room area and in the cost of
exterior operations such as snow removal. The specific level of Amtrak's financial participation
will be determined closer to the time the service is established. There is also the potential for the
City to lease the non-Amtrak portion of the depot building for revenue to help support these
operations costs.
There will also be capital costs associated with the depot, primarily for the platform and canopy;
Iowa DOT is including funds for these capital costs in their application for grant funds.
Staff will be available at your September 28 work session to address any questions. Please
consider approval of the resolution and letter of support for the Iowa DOT passenger rail
infrastructure grant application.
jccogadm/memlpassengerrail9-16-09. doc
;~~
September 14, 2009
N ncy Richardson, Director
to Department of Transportation
800 'ncoln Way
Ames, wa 50010
Dear Nancy,
~ r
~~.®~,~
~m,~li.
-~a.a~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-I$26
(3 19) 356-5000 ~;'
(319) 356-5009 FAUX
www. icgov.org ; '~
~.
I am writing this I er to express our support for the Iowa D partment of Transportation's
(Iowa DOT) applica ' n being submitted under competiti grant funding made available
through the America Recovery and Reinvestment ct (ARRA). The Iowa DOT, in
collaboration with the I 'nois DOT, is seeking Hig Speed Rail Corridors and Intercity
Passenger Rail Service SIPR) funding throu a Track 2 application. These funds
would support continued en ironmental impact nalysis, track infrastructure construction
and improvements, layover f ility constructi nand station improvements to implement
service between Chicago and I wa City.
This application's approval would Ilo Iowa to move forward with our passenger rail
vision as documented in the State ail Plan, State Transportation Plan and previous
(Midwest Regional Rail Initiative) RRI planning documents. The implementation of
this portion of Iowa's passenger ail vl ion would help create jobs, improve our nation's
transportation infrastructure a d assis in providing transportation alternatives to the
citizens of Iowa.
Iowa City also supports a "GreenLine" vi ion developed by both the Iowa and Illinois
DOT's. Utilizing new a existing green initi Ives and programs to support sustainability
in regard to Iowa City' depot rehabilitation wi make this project even better.
Iowa City is com fitted to improving the area urrounding the proposed passenger rail
service depot. owa City is receiving assis ance via the EPA's Smart Growth
Implementatio Assistance Program in red veloping the South Gilbert Street
Commercial orridor, including the establishmen of a Transit Oriented Development.
We are a ited about the possibilities of buildin on the success of passenger rail
service i Iowa City.
This roject is strongly supported by those in
enc rage you to take full consideration of this app
Sincerely,
Regenia D. Bailey, Mayor
City of Iowa City
community and we respectfully
on.
Jccogtp/Itr/Amtra k Ltr-Bailey
~/3
September 14, 2009
Nancy Richardson, Director
Iowa Department of Transportation
800 Lincoln Way
Ames, Iowa 50010
Dear Director Richardson,
_~ ? i
~~~.®~~
• „'~®~~~
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 5 2240- 1 826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
I am writing this letter to express our support for the Iowa Department of Transportation's
(Iowa DOT) application being submitted under competitive grant funding made available
through the American Recovery and Reinvestment Act (ARRA). The Iowa DOT, in
collaboration with the Illinois DOT, is seeking High Speed Rail Corridors and Intercity
Passenger Rail Service (HSIPR) funding through a Track 2 application. These funds
would support continued environmental impact analysis, track infrastructure construction
and improvements, layover facility construction and station improvements to implement
service between Chicago and Iowa City.
This application's approval would allow Iowa to move forward with our passenger rail
vision as documented in the State Rail Plan, State Transportation Plan and previous
(Midwest Regional Rail Initiative) MWRRI planning documents. The implementation of
this portion of Iowa's passenger rail vision would help create jobs, improve our nation's
transportation infrastructure and assist in providing transportation alternatives to the
citizens of Iowa.
Iowa City also supports the "GreenLine" vision developed by both the Iowa and Illinois
DOT's. Utilizing new and existing green initiatives and programs to support sustainability
in regard to Iowa City's depot rehabilitation will make this project even better.
Iowa City is committed to improving the area surrounding the proposed passenger rail
service depot. Iowa City is receiving assistance via the EPA's Smart Growth
Implementation Assistance Program in redeveloping the South Gilbert Street
Commercial Corridor, including the establishment of a Transit Oriented Development.
We are excited about the possibilities of building on the success of passenger rail
service in Iowa City.
This project is strongly supported by those in our community and we respectfully
encourage you to take full consideration of this application.
Si rely, _
g nia D. Bailey, Ma r
CI of Iowa City
Jccogtp/Itr/AmtrakLtr-Bailey
M ~~ 14
Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5144
RESOLUTION NO. 09-317
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST A SECOND AMENDMENT TO
THE FEBRUARY 10, 2009 AGREEMENT BY AND BETWEEN THE CITY OF
IOWA CITY AND FOTH INFRASTRUCTURE AND ENVIRONMENTAL, L.L.C. TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE 420T" STREET
CORRIDOR IMPROVEMENTS PROJECT.
WHEREAS, the City of Iowa City desires to improve 420m Street and increase available industrial
development in Iowa City; and
WHEREAS, the improvement of 420' Street will provide access to the industrial park and the
development will provide for a variety of industrial uses; and
WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final
design for construction of the 420' Street Corridor Improvements Project; and
WHEREAS, the City of Iowa City has negotiated a second Amendment to the February 10, 2009
Agreement for said consulting services with Foth Infrastructure and Environmental, L.L.C., to
provide said services; and
WHEREAS, it is in the public interest to enter into said second Consultant Agreement Amendment
with Foth Infrastructure and Environmental, L.L.C.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Consultant's 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's Agreement.
Passed and approved this 29th day of
ATTEST: ti
CI LERK
r~NN~vvGU uy
~~~ 9
City Attorney's Office
Pweng/res/420°1 corn-2ndAmend.doc
Resolution No
Page 2
09-317
It was moved by Wilburn and seconded by Hayek the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
~_ Hayek
g O'Donnell
x Wilburn
x Wright
wpdata/glossary/resolution-ic. d oc
t-Foth
September 18, 2009
Mr. Daniel Scott, P.E.
Senior Civil Engineer
City of Iowa City -Public Works Dept.
410 East Washington Street
Iowa City, IA 52240
Re: Additional Scope of Services -Supplemental Agreement No.2
420th Street Corridor Improvements
Dear Mr. Scott:
Subsequent to our recent discussions, we are submitting the following proposal to provide
additional engineering services with regard to the above-referenced project. We are proposing
an amendment to the original agreement between the City of Iowa City and Foth Infrastructure
and Environment, LLC. dated February 10th, 2009. The scope of work shall include qualified
personnel, equipment and supplies required to perform the following:
Task 1 -Additional Environmental Services
During the preliminary scope of services, Earthview Environmental, L.L.C., identified jurisdictional
wetlands that will be impacted by the proposed project. Due to the level of impacts, we anticipate
that a Section 404 Individual Permit will be required from the U.S. Army Corps of Engineers (COE).
As part of the permitting process, the COE will require that a Wetland Mitigation Plan be prepared with
details regarding how the impacted wetlands will be replaced. The Sub-Consultant, Transition
Ecology, L.L.C, shall serve as the Consultant's and the City's professional representative for
wetland permitting and mitigation.
The services to be provided assume that the wetland mitigation will occur within the proposed Iowa
City Industrial Campus (as directed by the City of Iowa City) and will involve the following task items:
1.1 Develop Wetland Mitigation Plan
This task includes phone meetings with regulatory entities, wetland area research, and development
of a wetland plan and an alternative analysis for replacement of the area impacted. The mitigation
plan will include wetland planting/seeding list with three recommended suppliers of those plants,
planting specifications and a site plan for the proposed mitigation site. The site plan shall include
delineation of the proposed wetlands, grading plan with earthen berms, erosion control fabrics or
structures, storm water control or other drainage control structures.
1.2 Prepare Permit Application
The Sub-Consultant will prepare a Wetland Mitigation Plan and 404 Permit Application for the 420tH
Street Corridor Improvements Project. The Section 404 Permit application and mitigation plan for
wetland development will be submitted to the Rock Island District office of the COE.
The City of Iowa City shall understand that Consultant and Sub-Consultant cannot guarantee that
the Corps of Engineers or other relevant governmental agencies will ultimately approve the prepared
application, since such authorization is beyond their control.
This task also includes limited follow-up conversations with the regulatory agencies involved to
obtain information on the status of their review progress. The scope of services does not include
responding to comments received during the Public Notice and Comment period.
The Sub-Consultant shall meet with the City of Iowa City to address concerns raised by other federal
or state agencies, public interest groups or individuals.
1.3 Construction Observation and As-Constructed Documentation
We propose to provide qualified wetland personnel to perform the wetland construction observation
and to prepare the as-constructed documentation, as required by the COE. A wetland scientist will
generally be assigned to perform field observation at selected periods during construction of the
wetland mitigation area at the site. The fees assume that Transition Ecology, L.L.C. personnel will
perform ten site visits, approximately one hour per visit, to observe and document the construction of
the mitigation area.
The scope of service would include visual classification of hydric soil during placement; photos
of construction and planting; consultation with the general contractor on collection of seed and
tree tags; and preparation of an as-constructed report. The report will include information
concerning major deviations from the original plans, final grade contours, and planting locations
and types. The As-Constructed Report will be submitted to the COE and Iowa Department of
Natural Resources (IDNR).
Additional Services
Additional Services are not included in this agreement. If authorized under a supplemental
agreement, the Consultant shall furnish or obtain from others the following services: The preparation
of annual monitoring reports (typically required by the COE as a permit condition) or other operating
conditions that may be required by the Section 404 Permit.
SCHEDULE
The Consultant shall complete the following tasks outlined above in accordance with the schedule
shown. Approval of this letter by the Client will be assumed to be Notice to Proceed.
Task
Estimated Comaletion Date
Task 1 -Additional Environmental Services (Wetland Mitigation) 09/30/10
FEE
The proposed fees for Consultants services rendered under this Amendment shall be increased as
shown below:
Original Agreement $619,500.00
Supplemental Amendment No.1 $39,400.00
Supplemental Amendment No.2 $16,500.00
Total Current Contract $675,400.00
We propose to perform the additional services as described herein for the NOT-TO-EXCEED FEE
(Unit Cost /Time Charges) of $16,500.
Except as specifically amended by this Supplemental Agreement, all the terms and conditions of the
original Agreement dated February 10th, 2009 shall remain in full force and effect. In witness
whereof, the parties hereto have caused this Supplemental Agreement to be executed by their
proper officials thereunto duly authorized as of the dates below indicated.
Dan, the scope of work under this supplemental agreement will begin immediately following the
acceptance by the City and the time of completion will be in conjunction with the schedule as
proposed above. This letter provides you with our proposed additional Scope of Services and Fee.
Please contact me at 319.365.9565, if you have any questions regarding our proposal.
Respectfully submitted,
nfrastructure an E it nment, LLC.
,'
Davi apler, P.E.
Senior Project Manager
Accepted: Cit f Iowa Ci y
Signed:
Name (printe kJ~
Title: Mayor
Date: Se tember 29 2009
City Clerk
M ~,
15
Prepared by: Rick Fosse, Public Works Director, 410 E. Washington Street, Iowa City, IA 52240; (319) 356-5141
RESOLUTION NO. 09-318
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT BY
ADDING TWO SPECIAL PROJECTS ADMINISTRATORS POSITION.
WHEREAS, Resolution No. 09-75, adopted by the City Council on March 10, 2009, authorized
permanent positions in the Engineering Division of the Public Works Department for FY10; and
WHEREAS, the City Council deems it in the public interest to have in-house project
management services provided by City employees within the Public Works Department; and
WHEREAS, to provide project management services for special projects related to Flood
Recovery projects, it is necessary to add two Special Projects Administrator positions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
THAT:
The budgeted positions in the Engineering Division of the Public Works Department be
amended by the addition of two full-time Special Projects Administrators.
Passed ar
ATTEST:
r~
It was moved by Chamyion and seconded by Hayek the Resolution
be adopted, and upon roll call there were:
AYES:
x
x
x
X
x
x
x
NAYS:
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright