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Home My WebLink About2003-06-24 Resolution Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 03-195 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: See Attached Passed and approved this 24th day of June_ 03 . MAYOR Approved by CI~ERK City Attorney's Office It was moved by Champion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn CIGARETTE PERMITS PRINTED : 05-MAY-03 PAGE: 1 DOING BUSINESS AS LICENSE # STICKER APPLICANTS NAME PURPOSE %~J MINI MART 97 00005 01437 C U'A & J MINI MART INC IQUOR STORE 01 01086 01438 C.5~ IQUOR STORE INC AIRLINER THE 93 00012 01439 C LOHAUS & LARSON INVESTMENT COMPANY 85 00074 01440 D CITY NEWS AND BOOKS 94 00006 01502 C ~L PENNINGROTH G£ ~J~__r ~t~,~lk% ~5 o4.-00001 CE~RSHIAL 85 00003 01442 C LANES ELL CORP S 95 00005 01443 C U INC HORT sToP CORPORATION 86 00022 01444 C J GLASGOW DAVE'S FOXHEAD TAVERN ~J~T ~o'~'-1'° 85 00023 01445 C ALBERHASKY DAVID L ~_~,j ~F~ D 85 00092 01446 V ENTERPRISES D~'"~MART #1 87 00013 01447 C [,-D~ELI MART CORPORATION SWITCHED APP ADDRESS & BUS ADD FOR MAILINGS T #2 87 00018 01448 C T CORP D L~~i ~T #3 98 00014 01449 C T CORP RT #5 99 00006 01450 C RT CORPORATION 00 00017 01451 c DISCOUNT DEN INC DOu~L R~TANDARD 92 00006 01452 C ZINCK CIGARETTE PERMITS PRINTED : 05-MAY-03 PAGE: 2 DOING BUSINESS AS LICENSE # STICKER APPLICANTS NAME PURPOSE ~D~GTOWN 85 00013 01453 C hqY-VEE INC N UNDERGROUND THE 93 00001 01454 V YDUBLIN UNDERGROUND INC STREET HANDIMART 90 00009 01455 C OM OIL COMPANY FOOD CENTER #157 85 00004 01456 C FOOD CENTERS INC ~Y 9500o06 01457c STORES INC Y STORES INC ORES INC #034 Co~m,tc~ ~,u6 03 00007 C ORES INC 0000 C L ORDER OF EAGLES #695 91 00008 01459 V INC R 95 00004 01460 C PRISES EEAST 00 00004 01461 C RPRISES INC VA~yATANDWALL 93 00011 01462 C CHI HO EY'S SOUTH SIDE PUB 99 00004 01463 C "~'S PUB 02 00288 01464 C INC TT~ DRUG STORE #10 9800001 01465C DRu~ comPANY INO X~T~P 95 O0003 01466 LOUNGE P TAVERN LTD ~ SINCLAIR 85 00125 01467 C HILLTOP SINCLAIR CIGARETTE PERMITS PRINTED : 05-MAY-03 PAGE: 3 DOING BUSINESS AS LICENSE # STICKER APPLICANTS NAME PURPOSE FOOD STORE #1 85 00009 01468 C NC OOD STORE #2 85 00010 01469 C INC OOD STORE #3 85 00011 01470 C NC GAS (#1> 03 00004 C INC GROCERY, INC. 85 00054 01471 C GROCERY INC K- T 85 00140 01472 C ~ CORPORATION KN~OD HAWKEYE CONVENIENCE STORE 85 00135 01473 C TRANSPORT CO UE GO #422 85 00025 01474 C GENTLE OIL CORPORATION ~ GO #51 01 01087 01475 C KUM & GO LC & GO #52 01O1o88 o1476 ~ __~j~'-~ & GO #53 01 01089 01477 C '-KUM & GO LC ~GHTY SHOP, INC. 85 00045 01478 C -L & M MIGHTY SHOP INC Li~QuUOR HOUSE LTD 03 00008 00008 C OR HOUSE LTD LL~yA~ ORDER OF MOOSE LODGE #1096 87 00005 01479 C ORDER OF MOOSE LODGE #1096 89 00004 01480 V CE INC MILL RESTAURANT THE 99 00010 01481 V HANKEYE AMUSEMENT CIGARETTE PERMITS PRINTED : 05-MAY-03 PAGE: 4 DOING BUSINESS AS LICENSE # STICKER APPLICANTS NAME PURPOSE T 96 00005 01482 C INC EATERY 85 O0062 01503 V NC N~ExH2ODGE EXPRESS 01 01090 01504 C ESS INC RD DODGE HJ~q~DI~T 00 00012 01483 ROM OIL COMPANY ON. THEE GO CONVENIENCE STORES 00 00002 01484 C GO CO~ENIENCE STORES INC ONE-EYED JA~'S 98 00006 01505 C ONE POOR ST~ENT INC %~UG ~5048 C~'~ S~ 85 00116 01485 C ~ERIC~ DRUG STORES INC DRUG STORES INC /~EF~ FOOL 03 00292 ~EACEF~ FOOL INC PETR~RoVISIONS 98 00008 01487 C /J~OBINS INC ~OE & FAYE GROBIN QUALITY VENDING SERVICES 03 00006 C QUALITY VEXING SERVICES THE 90 00007 01488 V YE ~USEMENT ON'S 99 00011 01489 C BAR & DELI & ~TY ENTERPRISES INC ~OCO 00137 0.1490 C SERVICE 85 INC ~SPORT COMP~ S~CULT~E 00 00014 C FUTURE FIBRE INC CIGARETTE PERMITS PRINTED : 05-MAY-03 PAGE: 5 DOING BUSINESS AS LICENSE # STICKER APPLICANTS NAME PURPOSE AMOCO 97 00007 01492 C INVESTORS LC lS~J~'~OCO-KEOKUK STREET 98 00012 01493 C uST3BURBAN INVESTORS, L.C. SUMMIT THE 02 00289 01506 C SUMMIT RESTAURANT & BAR INC ~AM.m~mIM~T 93 00008 01494 C D & DAVID V NORDSTROM MINI MART 03 00005 C PROPERTIES LLC ~~L 91 00009 01496 C I VALLEY TOBACCO T~iAKCCO OUTLET PLUS #537 97 00008 01497 C~G TRIP INC ~~72i 92 00012 01500 c ORES INC GG~EENS 85 00029 01501 C EEN COMPANY TOTAL CIGARETTE PERMITS: 75 CIGARETTE PERMITS PRINTED : 05-MAY-03 PAGE: 2 DOING INESS AS LICENSE # NAME PURPOSE NC D~LL~N THE 93 101 01454 V N UNDERGROUND NC STREET 90 00009 01455 C OM OIL COMPANY LEGLE FOOD CENTER #157 85 00004 01456 C FOOD CENTERS INC F~EwAAY STORES INC 95 00006 01457 C Y STORES INC ORES INC #034 03 00007 C ORES INC ~A~ ORDER OF EAGLES #695 98 00003 01458 C L ORDER OF EAGLES #695 G~S 91 00008 01459 V ~4AO ~E' S INC R 95 00004 01460 C PRISES EEAST 00 00004 01461 C RPRISES INC CHI HO ] ~EY'S~MDS SOUTH SIDE/P~ ~0004 01463 C ~ ~NC~IR 85 00125 ~467 C HILLTO~ SINC~IR CIGARETTE PERMITS PRINTED : 05-MAY-03 PAGE: 5 DOING AS LICENSE # # APPLICANTS PURPOSE AMOCO 97 00007 01492 C INV~ LC STREET 98 0 01493 C ESTORS, C. SUMMIT THE 00289 01506 C SUMMIT RESTAURANT & BAR NC H~I~U~T 9~ 00008 0~494 c 3~-£ 9 D & DAVID V MINI MART 03 00005 C PROPERTIES LLC 9I o0o09 01496 C I VALLEY TOBACCO T~ii~CCO OUTLET PLUS #537 97 00008 01497 C~O TRIP INC ~ ~ ~F ~ ~ ~ nn29A 0!~98 C W~-~T ~1721 ~ 92 00012 01500 C WAL-~T STORES INC/ [~~S ~ ~ 000~ 0~0~ ~ ~, TAL CIG~ETTE PE~ITS: 75 City of Iowa City MEMORANDUM TO: City Council FROM: Tracy Hightshoe, Associate Planner~'~ DATE: June 17, 2003 RE: FY04 Emergency Shelter Grant Program Contract Enclosed is the master agreement between the Iowa Department of Economic Development (IDED) and the City of Iowa City for the Emergency Shelter Grants Program. IDED has agreed to provide $93,400 in funding for supportive services for persons who are homeless in FY04. These are pass-through funds that are administered by the City. This year's allocation represents a decrease of $12,230 in funds from the FY03 award. Shelter House, Four Oaks, Table to Table, and the Domestic Violence Intervention Program will receive funds based on a competitive application process completed by the I DED. The City will receive $4,100 for the administration of this grant. Let me know if you have any questions. Prepared by: Jeff Davidson, PCD, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5252 RESOLUTION NO.. 03-196 RESOLUTION SETrING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE COURT STREET TRANSPORTATION CENTER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE ASSISTANT DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 15th day of July, 2003, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said headng. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Assistant Director of Planning and Community Development in the office of the City Clerk for public inspection. Passed and approved this 24th day of ,June ,20 03 CIT~ CLERK - Ci~r~'~y'~ ~'fice Resolution No. 03-196 Page 2 It was moved by ChamDi on and seconded by Pfab the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell ~ Pfab X Vanderhoef ~( Wilbum Prepared by: Steven Nasby, Community Dev. Coord., 410 E. Washington St., Iowa City IA 52240 (319) 356-5248 RESOLUTION NO. 03-197 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the State of Iowa has received funds for the Emergency Shelter Grants Program which utilizes U.S. Department of Housing and Urban Development funding to provide shelter services for homeless people in Iowa; and WHEREAS, the City of Iowa City deems it in the public interest to support services for the homeless in Iowa City; and WHEREAS, the Iowa State Department of Economic Development has agreed to make Emergency Shelter Grants Program funding in the amount of $93,400 available to the City of Iowa City for program administration and support of the Domestic Violence Intervention Program, Shelter House, Table to Table, and Four Oaks (a.k.a. Youth Homes, Inc.). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA - CITY, IOWA THAT: 1. The Agreement for Emergency Shelter Grants Program funding (03-ES-004), a copy of which is attached hereto, is hereby approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for Emergency Shelter Grants Program funding. 3. The City Manager is hereby authorized to execute all necessary documents required by the Iowa Department of Economic Development for the administration of these funds. Passed and approved this 24th day of June ~ ,2003. MAYOR Approved by CIT~CLERK City Attorney's Office Resolution No. 03-197 Page 2 It was moved by Champi on and seconded by Pfab the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT EMERGENCY SHELTER GRANTS PROGRAM GRANT CONTRACT RECIPIENT: City of Iowa City ESGP CONTRACT NUMBER: 03-ES-004 AWARD DATE: April 8, 2003 EFFECTIVE DATE: July 1, 2003 CONTRACT EXPIRATION DATE: June 30, 2004 AWARD AMOUNT: $ 93,400 THIS EMERGENCY SHELTER GRANTS PROGRAM ("ESGP") CONTRACT is made by and between the IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, 200 East Grand Avenue, Des Moines, Iowa 50309 ("Department" or "IDED") and City of Iowa City ("Grantee"). WHEREAS, the Department is designated to receive, administer, and disburse ESGP funds; and WHEREAS, the Department desires to disburse grant funds to the Grantee for eligible purposes to improve the quality of existing providers of services to the homeless; and WHEREAS, the Grantee has agreed to enter into this contract on behalf of the homeless service providers designated for funding through the Department; and WHEREAS, the Department has relied upon the representations of proposed Project activities; management and financial condition of the Grantee; investment of other Project funds; and other material information contained therein; and WHEREAS, the Grantee has certified to the Department that the primary purpose for obtaining ESGP funds is to improve the quality of existing providers of services to the homeless; NOW, THEREFORE, the Grantee accepts this grant upon the terms and conditions set forth in this Contxact. In consideration of the mutual promises contained in this Contract and other good and valuable consideration, it is agreed as follows: ARTICLE 1 DEFINITIONS As used in this Contract, the following terms shall apply: 1.1 ACT. "Act" means the Stewart B. McKinney Homaless Assistance Act of 1987 as amended. 1.2 ALLOWABLE COSTS. "Allowable Costs" are those which costs which are identified on Attachment A, Budget Summary and consistent with federal regulations and guidelines applicable to the ESGP program. 1.3 AWARD DATE. "Award Date" means the date on which the Depam'nent approved the ESGP participation. 1.4 CONTRACT EXPIRATION DATE. "Contract Expiration Date" means the date the Contract ceases to be in force and effect. The Contract expires upon the occurrence of one of the following: a) thc Grantee fulfills the conditions and project activities agreed to herein as of the contract expiration date In'st stated; or b) thc Contract is terminated by the Department due to any default under Article 9; or c) terminated in accordance with provisions set forth in Sections 8 and 9 of the General Provisions, Attachment C of this Contract. 1.5 EFFECTIVE DATE. "Effective Date" means the date upon which the seIvices of the Grantee are to begin and upon which eligible costs may be incurred against the Contract. 1.6 EMERGENCY SHELTER GRANTS PROGRAM 0gSGP). "Emergency Shelter Grants Program" means the grant program authorized by the Stewart B. McKinney Homeless Assistance Act of 1987, as amended. 1.7 GRANT. "Grant" means the award of ESGP funds to the Grantee for Project activities. Contract Number: 03-ES-004 Page 2 of 14 1.8 GRANT CONTRACT OR CONTRACT. "Grant Contract" or "Contract" means this Contract and all of the notes, leases, assignments, mortgages, and similar documents referred to in the Contract and all other instruments or documents executed by the Grantee or otherwise required in connection with the Contract, including the ESGP grant and a related Subrecipient's grant application together with any related submittal documents. 1.9 GRANTEE. "Grantee" means the entity named as the immediate recipient of the funding in this contract. The Grantee, in mm, awards funding to one or more Subrecipients, and acts as the administering agency between the IDED and the Subrecipient(s). 1.10 HOMELESS. "Homeless" means an individual or family who lacks a fixed, regular, and adequate nighttime residence; or an individual or family who has a primary nighttime residence that is: (a) a supervised publicly or privately operated shelter designed to provide temporary living accommodations; (b) an institution that provides a temporary residence for individuals intended to be institutionalized; or (c) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. The term does not include any individual imprisoned or otherwise detained pursuant to an Act of the Congress or a State Law. 1.11 HOMELESS PREVENTION. "Homeless Prevention" means activities or programs designed to prevent the incidence of homelessness, subject to the limitations in 42 U.S.C. 11374(a)(4) and 24 CFR 576.21. 1.12 HUD. "HUD" means the U.S. Department of Housing and Urban Development. 1.13 PROJECT. "Project" means the work, services, and other activities to be performed or accomplished by the Subrecipients as described in this Contract and the ESGP applications of these Subrecipients approved by the Department. 1.14 SUBRECIPIENT. "Subrecipient" means the homeless service provider(s) funded by the Grantee using the funds provided through this Contract. (Subrecipients may also be referred to as Homeless Service Providers.) ARTICLE 2 FUNDING 2.1 FUNDING SOURCE. The source of funding for the Grant is a federal appropriation from the Emergency Shelter Grants Program (ESGP). 2.2 RECEIPT OF FUNDS. All payments under this Contract are subject to receipt by the Department of sufficient federal funds for the ESGP program Any termination, reduction or delay ofESGP fimds to the Department shall, at the option of the Department, result in the termination, reduction or delay of ESGP funds to the Grantee. 2.3 PRIOR COSTS. No costs incurred prior to the Effective Date may be included as Project costs for the purposes of this Contract. 2.4 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT. If the total award amount has not been requested by the Grantee within sixty (60) days after the Contract Expiration Date, then the Department shall be under no obligation for further disbursement. ARTICLE 3 TERMS OF GRANT 3.1 TIME OF PERFORMANCE. The services of the Grantee and its Subrecipients are to commence as of the effective date fa'st stated and shall be undertaken in such sequence as to assure their expeditions completion. All of the services reqtftred hereunder shall be completed on or before the contract expiration date first stated. ESGP Grant Format Revised May 14, 2003 Contract Number: 03-ES-004 Page 3 of 14 3.2 MAXIMUM PAYMENTS. It is expressly understood and agreed that the maximum amounts to be paid to the Grantee and its Subrecipients by the Department for any item of work or service shall conform to the budget as presented in Attachment A, "Budget Summary." It is further understood and agreed that the total of all payments to the Grantee by the Depariment for alt work and services required under this Contract shall not exceed the award amount first stated unless modified by written amendment of this Contract as provided in Section 1.0 of the General Provisions. 3.3 LOCAL EFFORT REQUIREMENTS. (a) It is understood by the Grantee and its Subrecipients that local effort (cash and/or in-kind) must be provided in an amount at least equal to the non-administrative grant award amount. It is expressly understood by the Grantee and its Subrecipients that should local effort not at least equal grant funds expended, the applicable Subrecipient will be required to refund the difference between the documented local effort and non-administrative grant funds expended. As part of the Payment Request/Status of Funds (specified in Article 08.1 Co)), the grantee and its Subrecipients shall identify the cash and in-kind local efforts contributed during the report period. (b) Cash. If the Grantee and its Subrecipients agree to provide cash conh'ibutiun to the Project, then such contxibution shall be provided in accordance with the approved Budget Summary, Attachment A. Expenditures above budgeted levels necessary to complete the statement of work and services shall be paid by local funds. (c) In-Kind. If the Grantee and its Subrecipients agree to provide in-kind cenlribntions to the Project, then said conRibution shall be as shown in the approved Budget Summary, Attachment A. 3.4 ADMINISTRATION. This Contract shall be administered in accordance with 261 Iowa Administrative Code, Chapter 24 and all applicable State and Federal laws and regulations, including the Homeless Assistance Grants Manual, which has been distributed by IDED to the Grantee. ARTICLE 4 PERFORMANCE TARGET ACHIEVEMENT 4.1 PERFORMANCE TARGETS. On the Contract Expiration Date, the Grantee and its Subrecipients shall have accomplished the activities and performance targets as described in Attachment A, "Budget Summary," and as further elaborated in the Joint Grant Application. 4.2 CALCULATION OF PROJECT COMPLETION. The Department has the final authority to assess whether the Grantee and its Subrecipients have met its performance targets at the Contract Expiration Date. The Department shall determine completion according to the performance targets set forth in Attachment A, "Budget Summary." The Department reserves the right to monitor and measure at uny time during the Contract term the achievement of the performance targets. ARTICLE 5 USE OF FUNDS 5.1 GENERAL. The Grantee and its Subrecipiems shall perform in a satisfactory and proper manner, as determined by the Department, the work activities and services as wriRen and described in the Grantee's approved Emergency Shelter Grants ]~udget Summary (Attachment A). ESGP Grant Format Revised May 14, 2003 Contract Number: 03qES-004 Page 4 of 14 5.2 BUDGET REVISIONS. Any substantive change to a funded ESGP project, including time extensions, budget revisions and significant alteration to proposed activities, shall be considered a contract amendment. The subreceipient or Grantee shall request the amendment in writing. No amendment shall be valid until approved in writing by IDED. In no instance shall a budget revision result in total costs exceeding the total Contract amount without approval of the Department through the contract amendment process. Budget revisions shall be compatible with the terms of this Contract and of such a nature as to qualify as an allowable cost. Budget revisions requested during the final ninety (90) days of the Contract period will be approved by the Department only if it determines that the revisions are necessary to complete Project activities 5.3 COST VARIATION. a) In the event that the total Project cost is less than the mount specified in the Emergency Shelter Grants Budget Summary (Attachment A), the IDED may reduce the ESGP participation at the same ratio to the total project cost reduction as the ratio of the ESGP funds to the total amount of funds provided by the Subrecipient and all fimding sources requiring a proportional reduction of their financial contribution to the Project. Any disbursed excess above the reduced E. SGP participation amount shall be returned immediately to the Department. b) In the event that the total Project cost is greater than the amount specified in the Emergency Shelter Grants Budget Sunanary (Attachment A), the Department shall, upon request, consider increasing the ESGP participation in the same ratio to the total increase in project cost as the ratio of the ESGP fimds to the total amount of funds provided by the Subrecipient and all other funding sources able and willing to offer the Project an increase of funds. The consideration of an increase of ESGP funds for a Project shall be subject to availability of fimds, determination of reasonable and allowable costs, and all other applicable program rules. c) The Subrecipient may request the Department to increase the ESGP participation to an amount that is higher than the proportional ratio. The Department may permit such a higher increase if, in the Depamnent's judgement, the Subrecipient has demonstrated fmancial hardship. ARTICLE 6 CONDITIONS TO DISBLrRSEMENT OF FUNDS Unless and until the following conditions have been satisfied, the Department shall be under no obligation to disburse to the Grantee any amounts under this Grant ConUact: 6.1 GRANT CONTRACT EXECUTED. The Grant Contract shall have been properly executed and, where required, acknowledged. 6.2 COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS. Funds shall not be released under this Cuntsact until the Grantee and its Subrecipients have satisfied the environmental review and release of funds requirements set forth in 24 CFR 576.52, as summarized in the Homeless Assistance Grants Manual 6.3 PERMITS AND LICENSES. The Department reserves the right to withhold funds until the Department has reviewed and approved all material, such as permits or licenses from other state or federal agencies, which may be required prior to project conunencement. 6.4 SUBRECIPIENT AGREEMENT. The Department, prior to the release of funds for the Activity(les), shall receive and review the Subrecipient agreement between the grantee and approved Subrecipient(s). User Certifications for the Iowa Homeless Information Management Network must be submitted to the Iowa Institute for Community Alliances for each Subrecipient before funds will be released. ARTICLE 7 REPRESENTATIONS AND WARRANTIES OF GRANTEE To induce the Department to make the Grant referred to in this Contract, the Grantee represents, covenants and warrants that: ESGP Grant Format Revised May 14, 2003 Contract Number: 03-ES-01M Page 5 of 14 7.1 AUTHORITY. The Grantee is duly authorized and empowered to execute and deliver the Grant Contract. All action on the Grantee's part, such as appropriate resolution of its governing board for the execution and delivery of the Grant Contract, has been effectively taken. 7.2 FINANCIAL INFORMATION. All financial statements and related materials concerning the Project provided to the Department are hue and correct in all material respects and completely and accurately represent the subject matter thereof as of the effective date of the statements and related materials, and no material adverse change has occurred since that date. 7.3 APPLICATION. The application(s) from the Subrecipiants to be administered by the Grantee winch were submitted to the Department for ESGP funding is a complete and accurate representation of the Project as of the date of submission and there has been no material adverse change in the organization, operation, or key personnel of the Subrecipient since the date the Subrecipient submitted its ESGP application to the Department. 7.4 CLAIMS AND PROCEEDINGS. There are no actions, lawsuits or proceedings pending or, to the knowledge of the Grantee or its Subrecipients, tttreatened against the Grantee or its Subrecipients affecting in any manner whatsoever their rights to execute the Grant or the ability of the Grantee to make the payments required under the Grant, or to otherwise comply with the obligations of the Grant contained under the Grant. There are no actions, lawsuits or proceedings at law or in equity, or before any governmental or administrative authority pending or, to the knowledge of the Grantee, threatened against or affecting the Grantee or its Subrecipients or any property involved in the Project. 7.5 PRIOR AGREEMENTS. To the knowledge of the Grantee, neither the Grantee nor its Subrecipient(s) have entered into any verbal or written contracts, agreements or arrangements of any kind winch are inconsistent with the Grant Contract. 7.6 EFFECTIVE DATE OF REPRESENTATIONS AND WARRANTIES. The covenants, warranties and representations of tins Article are made as of the award date of tins Contract and shall be deemed to be renewed and restated by the Grantee at the time of each advance or request for disbursement of funds. ARTICLE 8 COVENANTS OF TIlE GRANTEE 8.1 AFFIRMATIVE COVENANTS. Until the project has been closed out, audited, and approved by IDED, the Grantee covenants with IDED that: (a) PROJECT WORK AND SERVICES. The Grantee and its Subrecipients shah perform the project's work and services by the Contract Expiration Date. Subrecipients are required, to the maximum extent practicable, to involve homeless individuals and families in the renovation, maintenance, and operation of facilities assisted under the Emergency Shelter Grant Program. (b) REPORTS. The Grantee, in cooperation with its Subrecipients shall prepare, review and sign the requests and reports as specified below in the form and content specified by the Department. The Payment Request/Activity Status report and the Client Tracking Report shall be submitted to the Department by the 15th of the month to ensure timely payment. The Grantee and its Subrecipients shall review all reimbursement requests, to be submitted not more often than once a month, and verify that claimed expenditures are allowable costs. The Grantee shall maintain documentation adequate to support the claimed costs. REPORT DUE DATE Payment Request/Activity Status (Form 1) 15t~ of every month after submitting initial request (original and three copies) Client Tracking Using Service Point Software Ongoing during the course of the grant Applicant/Recipient Disclosure Report As needed due to changes Audit Report In accordance with Single Audit Act of 1996, as amended, and OMB Circular A- 133. ESGP Grant Format Revised May 14, 2003 Contract Number: 03-ES-004 Page 6 of 14 The Department reserves the right to require more frequent submission of the reports than as shown above if, in the opinion of the Department, more frequent submissions would help improve the Grantee's Emergency Shelter Grants Program. (c) RECORDS. The Grantee and its Subrecipients shall maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues received under this Grant Contract in sufficient detail to reflect all costs, direct and indirect, of labur, materials, equipment, supplies, services and other costs and expenses of whatever nature, for which payment is claimed under this Grant Contract. The Grantee and its Subrecipients shall maintain books, records and documents in sufficient detail to demonstrate compliance with the Grant Contract and shall maintain these materials for a period of five (5) years beyond the date upon which the fmal audit of the project is accepted by IDED. Records for non-expendable properW acquired under this Contract shall be retained for a five (5) year period after the f'mal disposition of property. Records shall be retained beyond the prescribed period if any litigation or audit is begun or if a claim is instituted involving the grant or agreement covered by the records. In these instances, the records shall be retained until the litigation, audit or claim has been finally resolved. (d) ACCESS TO RECORDS/INSPECTIONS. The Grantee and its Subrecipients shall, without prior notice and at any time, permit HLq) or its representatives, the General Accotmting Office or its representatives, and the Department, its representatives or the State Auditor to examine, audit and/or copy, so long as no identifmble data about persons who receive service is released, (i) any plans and work details pertaining to the Project, (ii) all of the Grantee and its Subrecipients' books, records and accounts, and (iii) all other documentation or materials related to this Grant; the Grantee and its Subrecipients shall provide proper facilities for making such examination and/or inspection. Upon request, aggregate data about persons receiving services will be provided. (e) USE OF GRANT FUNDS. The Grantee and its Subrecipients shall expend funds received under the Grant only for the proposes and activities described in this Contract and as approved by the Department. (0 DOCUMENTATION. The Grantee shall deliver to IDED, upon request, (I) copies of all contracts or agreements relating to the Project, (ii) invoices, receipts, statements or vouchers relating to the Project, (iii) a list of all unpaid bills for labor and materials in connection with the Project, and (iv) budgets and revisions showing estimated Project costs and funds required at any given time to complete and pay for the Project. (g) NOTICE OF PROCEEDINGS. The Grantee and its Subrecipients shall promptly notify IDED of the initiation of any claims, lawsuits or proceedings brought against the Grantee or its Subrecipients. (h) INDEMNIFICATION. The Grantee and its Subrecipienta shall indenmify and hold harmless the Department, its officers and employees t¥om and against any and all losses in connection with the performance of this Contract. (i) NOTICE TO DEPARTMENT. In the event the Grantee or its Subrecipients becomes aware of any material alteration in the Project, initiation of any investigation or proceeding involving the Project, or any other similar occurrence, the Grantee shall promptly notify the Department. (j) CERTIFICATIONS. The Grantee certifies and assures that the Project will be conducted and administered in compliance with all applicable federal and state laws, regulations and orders. Certain statutes are expressly made applicable to activities assisted under the Act by the Act itself, while other laws not referred to in the Act may be applicable to such activities by their own terms. The Grantee certifies and assures compliance with the applicable orders, laws and implementing regnlations, including but not limited to, the following: (i) Financial Management guidelines issued by the U.S. Office of Management and Budget, OMB Circular A-110 ("Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations"), OMB Circular A-122 ("Cost Principles of Nunprofit Organizations"), OMB Circular A-87 ("Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal ESGP Grant Format Revised May 14, 2003 Contract Number: 03-ES-004 Page 7 of 14 Governments"), OMB Circular A-133 ("Audits of State and Local Governments") as implemented by HUD at 24 CFR Part 44, and the implementing regulations issued by HUD concerning administrative requirements found at 24 CFR Part 85. (ii) Title IV of the Stewart B. McKinney Homeless Assistance Act as amended (Public Law 100-77) and regulations which implement this law. (iii) Department of Housing and Urban Development regulations governing the ESGP program, 24 Code of Federal Regulations, Part 576. (iv) Section 102 of the Department of Housing and Urban Development Reform Act of 1989 (P.L. 101-235), and implementing regulations. (v) Title VI of the Civil Rights Act of 1964 as amended (Public Law 88-352; 42 U.S.C. 2000d et seq.); Title VIII of the Civil Rights Act of 1968 as amended (Public Law 90-284; 42 U.S.C. 3601 et seq.); the Iowa Civil Rights Act of 1965; Iowa Executive Order #15, dated April 2, 1973, and Executive Order #34, dated July 22, 1988; Presidential Executive Order 11063, as amended by Executive Order 12259; Presidential Executive Order 11246, as amended; Section 504 of the Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. 794); the Age Discrimination Act of 1975 as amended (42 U.S.C. 6101 et seq.); the Americans with Disabilities Act, as applicable, (P.L. 101-336, 42 U.S.C. 12101-12213; and related Civil Rights and Equal Opportunity statutes; and regulations which implement these laws. (vi) Fair Housing Act, Public Law 90-284. The Public Fair Housing Act is part of Title VIII of the Civil Rights Act of 1968 as amended (42 LI.S.C. 3601 et seq.); Section 3 of the Housing and Urban Development Act of 1968 as amended (12 IJ.S.C. 1701u); and regulations which implement these laws. (vii) Executive Orders 11625, 12432, and 12138 as amended, to encourage the use of minority and women's business enterprises in connection with activities funded under the program. (viii) Davis-Bacon Act, as amended (40 U.S.C. 276a - 276a-5), where applicable under Section 110 of the Housing and Community Development Act of 1974, as amended; Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.); the Copeland Anti-Kickback Act (18 U.S.C. 874); the Department of Defense Reanthorization Act of 1986; and regulations which implement these laws. (ix) Fair Labor Standards Act and implement/ng regulations. (x) Requirements for the Notification, Evaluation and Reduction of Lead Based Paint Hazards in Federally Owned Residential Propexty and Housing Receiving Federal Assistance, Final Rule (24 CFR Part 35, et al.). (xi) National Environmental Policy Act of 1969 0XrEPA), as amended, and implementing regulations. (xii) The Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.) and the Coastal Barriers Resources Act (16 U.S.C. 3501) (xiii) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (URA)(42 U.8.C. 4601) and implementing regulations; (xiv) Hatch Act (regarding political partisan activity and federally funded activities) and implementing regulations. (xv) Government-wide Restriction on Lobbying Certification [Section 319 of Public Law 101-121] and implementing regulations. ESGP Grant Format Revised May 14, 2003 Contract Number: 03-ES-004 Page 8 of 14 (xvi) Drag Free Workplace Act of 1988 and the regulations found at 24 CFR part 24, subpart F. (xvii) Administrative rules adopted by the Iowa Department of Economic Development, 261 Iowa Administrative Code, chapter 24. (xviii) Financial and Program Management guidelines issued by the Iowa Department of Economic Development: the Homeless Assistance Grants Manual, the IDED Audit Guide. 8.2 MAINTENANCE OF PROJECT PROPERTY AND INSURANCE. The Grantee and any Subrecipient shall maintain the Project property in good repair and condition, ordinary wear and tear excepted, and shall not suffer or commit waste or damage upon the Project property. At the Department's request, the Grantee or Subrecipiant shall pay for and maintain insurance as is customary in their industry. This insurance shall be in an amount not less than the full insurable value of the Project property. The Subrecipient shall name the Grantee and Department as a mortgagee and/or an additional loss payee, as appropriate, and the Grantee shall name the Department as a mortgagee and/or an additional loss payee, as appropriate, and submit copies of the policies to the Department. 8.3 NEGATIVE COVENANTS. During the Grant Contract term the Grantee covenants with IDED that it shall not, without the prior written disclosure to and prior written consent of IDED, directly or indirectly: (a) ASSIGNMENT. Assign its rights and responsibilities under this Grant Contract. (b) ADMINISTRATION. Discontinue administration activities under the Contract. ARTICLE 9 DEFAULT AND REMEDIES 9.1 EVENTS OF DEFAULT. The following shall coustitntc Events of Default under this Grant Contract: (a) MATERIAL MISREPRESENTATION. If at any time any representation, warranty or statement made or furnished to the Depas~cnt by, or on behalf of the Grantee or its Subrecipients in connection with this Contract or to induce the Department to make a grant to the Grantee shall be determined by thc Department to be incorrect, false, misleading or erroneous in any material respect when made or furnished and shall not have been remedied to thc Department's satisfaction within thirty (30) days after written, notice by the Department is given to thc Grantee or its Subrccipient(s). (b) NONCOMPLIANCE. If there is a failure by the Grantee or its Subrccipicnt(s) to comply with any of the covenants, terms or conditions contained in this Contract. (c) NON-COMPLETION. If the Project, in the sole judgment of the Department, is not completed on or before thc Contract Expiration Date. (d) MISSPENDING. If thc Grantee or its Subrecipient(s) expends Grant proceeds for purposes not described in the ESGP application, this Contract, or as authorized by the Department. (e) INSURANCE. If loss, theft, damage or destruction of any substantial portion of the property of the Grantee or its Subrecipient(s) occurs for which there is either no insurance coverage or for which, in the opinion of the Department, there is insufficient insurance coverage. 9.2 NOTICE OF DEFAULT. IDED shall issue a written notice of default providing therein a thirty (30) day period in which the Grantee or its Subrecipient(s) shall have an opportunity to cure, provided that cure is possible and feasible. 9.3 REMEDIES UPON DEFAULT. If, atter opportunity to cure, the default remains, IDED shall have the right, in addition to any rights and remedies available to it, to do one or more of the following: ESGP Grant Format Revised May 14, 2003 Contract Number: 03-ES-004 Page 9 of 14 (a) exercise any remedy provided by law, (b) require immediate repayment of up to the full amount of funds disbursed to the Grantee or its Subrecipient(s) under this Contract plus interest. 9.4 FAILURE TO MEET PERFORMANCE TARGETS. If the Grantee or its Subrecipient(s) is determined by the Department to be in default of this Contract due to meeting less than one hundred percent (100%) of its Performance Targets, the Department may require full Grant repayment or, at its discretion, the Department may permit repayment of Grant proceeds which allows partial credit for the performance targets which have been met, or the Department may permit other remedies that the Department deternUnes to be appropriate. ARTICLE 10 INCORPORATED DOCUMENTS 10.1 DOCUMENTS INCORPORATED BY REFERENCE. The Grantee and its Subrccipicnts shall comply with thc terms and conditions of the following documants which are hereby incorporated by reference: 1. Attachment A, "Budget Summa~," dated July 1, 2003. 2. Attachment B, Service Provider Applications. 3. Attachment C, "General Provisions," dated May 23, 2002. 10.2 ORDER OF PRIORITY. In the event of a conflict between documents of th~s contract, thc following order of priority shall govern: 1. Articles 1 through 11 herein. 2. Attachment A, "Budget Sutramry", dated July 1, 2003. 3. Attachment B, Service Provider Applications. 4. Attachrnent C, "ESGP Program General Provisions", dated May 23, 2002. ARTICLE 11 MISCELLANEOUS 11.1 LIMIT ON GRANT PROCEEDS ON HAND. The Grantee shall request Project funds only as needed and shall not have Grant proceeds, including earned interest, on hand for a period of longer than ten (10) working days, after which time any surplus amount shall be returned to the Department. 11.2 BINDING EFFECT. This Grant Contract shall be binding upon and shall inure to the benefit of the Department and Grantee and their respective successors, legal representatives and assigns. The obligations, covenants, warranties, acknowledgments, waivers, agreements, terms, provisions and conditions of this Grant Contract shall be jointly and severally enforceable against the parties to this Grant Contract. 11.3 SURVIVAL OF CONTRACT. If any portion of this Grant Contract is held to be invalid or unenforceable, the remainder shall be valid and enforceable. Thc provisions of this Grant Contract shall survive the execution of all instruments herein mentioned and shall continue in full force until the project is completed as determined by the department. 11.4 GOVERNING LAW. This Grant Contract shall be interpreted in accordance with the laws of the State of Iowa, and any action relating to the Grant Contract shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern District of Iowa. ESGP Grant Format Revised May 14, 2003 Contract Number: 03-ES-004 Page 10 of 14 11.5 NOTICES. Whenever this Grant Contract requires or permits any notice or written request by one pan'y to another, it shall be in writing, enclosed in an envelope, addressed to the party to be notified at the address heretofore stated (or at such other address as may have been designated by written notice), properly stamped, sealed and deposited in the United States Mail. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or two (2) business days after posting. The Department may rely on the address of the Grantee set forth heretofore, as modified from time to time, as being the address of the Grantee. 11.6 WAIVERS. No waiver by the Department of any default hereunder shall operate as a waiver of any other default or of the same default on any f~ture occasion. No delay on the part of the Department in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by the Department shall preclude future exercise thereof or the exercise of any other right or remedy. 11.7 LIMITATION. It is agreed by the Grantee that the Department shall not, under any circumstances, be obligated financially under this Grant Contract except to disburse funds according to the terms of the Contract. 11.8 HEADINGS. The headings in this Grant Contract are intended solely for convenience of reference and shall be given no effect in the construction and interpretation of this Grant Contract. 11.9 INTEGRATION. This Grant Contract contains the entire understanding between the Grantee and the Department and any representations that may have been made before or after the signing of this Grant Contract, which are not contained herein, are nonbinding, void and of no effect. None of the parties have relied on any such prior representation in entering into this Grant Contract. 11.9 COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which shall be deemed to be un original, but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Grant Contract on the latest day and year specified below. GRANTEE: BY: Mayor, City of Iowa City City Hall - 410 E. Washington St. Iowa City, IA 52240-1826 IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT: BY: SANDY EHRIG, DIVISION ADMINISTRATOR DATE: ESGP Grant Format Revised May 14, 2003 Emergency Shelter Grants Program (ESGP) Attachment A - Budget Summary Report Criteria: Contract #: 03-ES-004 Essential Homeless Match Prov. # Provider Name Admin Rehab Services Operating Prevention Total Budget Re({uirement Contract 52001 Domestic Violence Intervention $0 $0 $0 $20,800 $2,000 $22,800 $22,800 Program 52003 Emergency Housing Project $0 $0 $0 $32,300 $0 $32,300 $32,300 52006 Four Oaks, Inc, of Iowa - Iowa City $0 $0 $0 $7,900 $3,500 $11,400 $11,400 52007 Table to Table $0 $0 $0 $22,800 $0 $22,800 $22,800 52999 Admin - City of Iowa City $4,100 $0 $0 $0 $0 $4,100 $0 Subtotal for 03-ES-004: $4,100 $0 $0 $83,800 $5,500 $93,400 $89,300 Attachment A - Budget Su~nmarv Page 1 of I ATTACHMENT C GENERAL PROVISIONS EMERGENCY SHELTER GRANTS PROGRAM (ESGP) Approved as to Form May 23, 2002 1.0 AMENDMENT. a) WRITING REQUIRED. The Contract may only be amended tbxough written prior approval of IDED. Examples of situations where amendments are required include extensions for completion of Project activities, changes to the Project including, hut not limited to, alteration of existing approved activities or inclusion of new activities. b) UNILATERAL MODIFICATION. Notwithstanding paragraph "a" above, 1DED may unilaterally modify the Contract at will in order to accommodate any change in the Act or any change in the interpretation of the Act or any applicable federal, state or local laws, regulations, rules or policies. A copy of such unilateral modification will be given to the Grantee as an amendment to this Contract. c) IDED REVIEW. IDED will consider whether an amendment request is so substantial as to necessitate reevaluating IDED's original funding decision on the Project. An amendment will be denied if it substantially alters the circumstances under which the Project funding was originally approved or if it does not meet requirements set forth in 261 Iowa Administrative Code, Chapter 24. 2.0 AUDIT REQUIREMENTS. SINGLE AUDIT. The Grantee shall ensure that an audit is performed in accordance with the Single Audit Act as amended in 1996 (P.L. 104-156) which requires that an audit be performed in accordance with the OMB Circular A-133 and a copy of the audit report submitted to the IDED if the Grantee expends $300,000 or more in fademl funds within the applicable fiscal year. If the Grantee is required by State law, or its own policies, to have a periodic audit performed, then a copy of that audit report will be provided to the IDED. For projects where audits are not required by OMB Circular A-133,the IDED, at its discretion, does reserve the right to request that an audit and review be performed at project completion. If requested, this audit and review will be at the expense of the IDED. 3.0 COMPLIANCE WITH LAWS AND REGULATIONS. The Grantee shall comply with all applicable State and federal laws, rules, ordinances, regulations and orders. 4.0 UNALLOWABLE COSTS. If 1DED determines at any time, whether through monitoring, audit, closeeut procedures or by other means or process that the Grantee has expended funds which are unallowable, the Grantee will be notified of the questioned costs and given an opportunity to justify questioned costs prior to IDED's final determination of the disallowance of costs. Appeals of any dctetminations will be handled in accordance with the provisions of Chapter 17A, Iowa Code. If it is IDED's final determination that costs previously paid by the IDED are unallowable under the terms of the Contract, the expenditures will be disallowed and the Grantee shall repay to IDED any and all disallowed costs. 5.0 PROGRAM INCOME. All program income as defined in OMB Circular A- 102 and 261 Iowa Administrative Code, Chapter 24, shall be added to the Project Budget and used to further eligible Project objectives as defined in the Contract and the Scope of Work in the ESGP Application for funding. Program income not used to further Project objectives will be deducted from the total Project Budget for the purpose of determining the amount of reimbursable costs under the Contract. The final disposition of program income shall be made by IDED. 6.0 INTEREST EARNED. To the extent it can be determined that interest was earned on ESGP funds, this interest shall be returned to IDED. 7.0 SUSPENSION. When the Grantee has failed to comply with the Contract, award conditions or standards, IDED may, on reasonable notice to the Grantee, suspend the Contract and withhold future payments, or prohibit the Grantee from incurring additional obligations of ESGP funds. Suspension may continue until the Grantee completes the corrective action as required by IDED. IDED may allow such necessary and proper costs which the Grantee could not reasonably avoid during the period of suspension provided IDED concludes that such costs meet the provisions of HUD regulations issued pursuant to OMB Circular A-87. 8.0 TERMINATION. a) FOR CAUSE. IDED may terminate the Contract in whole, or in part, whenever IDED determines that the Grantee has failed to comply with the terms and conditions of the Contract. Conlxact Number: 03-ES-004 Page 12 of 14 b) FOR CONVENIENCE. IDED and the Grantee may terminate the Contract in whole, or in part, when all parties agree that the continuation of the Project would not produce beneficial results commensurate with the future disbursement of funds. c) DUE TO REDUCTION OR TERMINATION OF ESGP FUNDING. At the discretion of IDED, the Contract may be terminated in whole, or in part, if there is a reduction or termination of ESGP federal grant funds to the State. 9.0 PROCEDURES UPON TERMINATION. a) NOTICE. IDED shall provide written notice to the Grantee oftbe decision to terminate, the reason(s) for the termination, and the effective date oftbe termination. If there is a partial termination due to a reduction in funding, the notice will set forth the change in funding and the changes in the approved budget. The Grantee shall not incur new obligations beyond the effective date and shall cancel as many outstanding obligations as possible. IDED's share ofnoncancellable obligations which 1DED determines were properly incurred prior to notice of cancallation will be allowable costs. b) RIG[ITS IN PRODUCTS. All finished and unfinished documents, data, reports or other material prepared by the Grantee under tl~e Contract shall, at IDED option, become the property of IDED. c) RETURN OF FUNDS. The Grantee shall return to IDED all unencumbered funds within one week of receipt of the notice of termination. Any costs previously paid by IDED which are subsequently deterrmned to be unallowable through audit, monitoring, or closeout procedures shall be returned to IDED within thirty (30) days of the disallowance. 10.0 ENFORCEMENT EXPENSES. The Grantee shall pay upon demand any and all reasonable fees and expenses of the Department, including the fees and expanses oftbeir attorneys, experts and agents, in connection with the exercise or enforcement of any of the rights of the Department under this Contract. 11.0 INDEMNIFICATION. The Grantee shall indemnify and hold harmless the Department, its officers and employees, from and against any and all losses, accruing or resulting from any and all claims subcontractors, laborers and any other person, finn or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this Contract. 12.0 CONFLICT OF INTEREST. a) GENERAL. Except for the use of ESGP funds to pay salaries and other related administrative or personnel costs, no persons identified in paragraph "b" below who exercise or have exemised any functions or responsibilities with respect to ESGP assisted activities or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a ESGP assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafler. b) PERSONS COVERED. The conflict of interest provisions described above apply to any person who is an employee, agent, consult~n!, officer, or elected or appointed official of the Grantee, or of any designated public agencies, or Subrecipiants which are rece~wng ESGP funds. c) CONFLICTS OF INTEREST. Chapter 68B, Code of Iowa, the "Iowa Public Officials Act", shall be adhered to by the Grantee, its officials and employees. 13.0 USE OF DEBARRED~ SUSPENDED, OR INELIGIBLE CONTRACTORS OR SUBRECIPIENTS. ESGP funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the service of, or fund any contractor or Subrecipiant during any period of debarment, suspension, or placement in ineligible status under the provisions of 24 CFR Part 24 or any applicable law or regulation of the Department of Labor. 14.0 CML RIGHTS. a) DISCRIMINATION IN EMPLOYMENT. The Grantee shall not discriminate against any qualified employee or applicant for employmant because of race, color, religion, sex, national origin, age, or physical or mental disability. The Grantee may take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but may not be limited to the following: employment, upgrading, demotion or transfers; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of coml?~nsation; and selection for training, including an apprenticeship. The Grantee agrees to post notices setting forth the provisions oftbe nondiscrimination clause in conspicuous places so as to be available to employees. ESGP Grant Format Revised May 14, 2003 Contract Number: 03-ES-004 Page 13 of 14 b) CONSIDERATION FOR EMPLOYMENT. The Grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or disability. Solicitation and Advertisement - The Grantee shall list all suitable employment openings in the State Employment Service local offices. c) CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. The Grantee shall comply with all relevant provisions of the Iowa Civil Rights Act of 1965 as amended, Iowa Executive Order 15, Federal Executive Order 11246, as amended; Title VI of the U.S. Civil Rights Act of 1964 as amended (42 U.S.C. Section 2000d et seq.), the Fair Labor Standards Act (29 U.S.C. Section 201 et seq.), the Americans with Disabilities Act, as applicable, (P.L. 101-336, 42 U.S.C. 12101-12213, Section 504 of the Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. Section 794), and the Age Discrimination Act of 1975 as amended (42 U.S.C. Section 6101 et seq.). The Grantee will furnish ail information and repons requested by the State of Iowa or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State of Iowa to investigate compliance with these rules and regulations. d) CERTIFICATION REGARDING GOVERNMENT-WIDE RESTRICTION ON LOBBYING. The Grantee certifies, to the best of his or her knowledge and belief, that: i. No Federal appropriated funds have been paid or will be paid, by or on behaif of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with thc awarding of any Fedcrai contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee, or an employee ora Member of congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Federal Lobbying" in accordance with its instruction. iii. The Grantee shail require that the language of this certification be included in the award documents for all subawards at ail tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. e) PROGRAM NONDISCRIMINATION. The Grantee shall conform with requirements of Title V1 of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and HUD regulations issued pursuant thereto contained in 24 CFR Part 1. No person in the United States shall on the basis of race, color, national origin, sex or religion or religious affiliation be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds mede available through this contract. Any prohibition against discrimination on the basis of age trader the Age Discrimination Act of 1975 (42 U.S.C. 6101 et. seq.) or applicable provisions of the Americans with Disabilities Act (P.L. 101-336, 42 U.S.C. 12101-12213) with respect to an othe~rwise qualified individual with a disability, and as also provided in Section 504 of the Vocational Rehabilitation Act of 1973 (29 U.S.C. Section 794), shall also apply to any such program or activity. f) FAIR HOUSING. The Grantee shall comply with Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), generally known as the Fair Housing Act, and with HUD regulations found at 24 CFR Part 107, issued in compliance with Federal Executive Order 11063, as amended by Federal Executive Order 12259. g) SECTION 3 COMPLIANCE. The Grantee shall comply with provisions for training, employment, and contracting in accordance with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). h) NONCOMPLIANCE WITH THE CML RIGHTS LAWS. In the event of the Grantee's noncompliance with the nondiscrimination clauses of this contract or with any of the aforesaid rules, regulations, or requests, this contract may be canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action, imposing ESGP Grant Format Revised May 14, 2003 Contract Number: 03-ES-004 Page 14 of 14 other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 601 A, Code of Iowa) or as otherwise provided by law. i) INCLUSION IN SUBCONTRACTS. The Grantee will include the provisions of the preceding paragraphs of Section 14 in every subcontract unless exempt by the State of Iowa, and said provisions will be binding on each subcontractor. The Grantee will take such action with respect to any subcontract as the State of Iowa may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event the Grantee becomes involved in or is threatened by litigation with a subcontractor or vendor as a result of such direction by the State of Iowa, the Grantee may request the State of Iowa to enter into such litigation to protect the interests of the State of Iowa. 15.0 POLITICAL ACTIVITY. No portion of program funds shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. Neither the program nor the funds provided therefore, nor the personnel employed in the administration of this Contract, shall be in any way or to any extant, engaged in the conduct of political activities in contravention of The Hatch Act (5 U.S.C. 15). 16.0 MINORITY AND WOMEN BUSINESS ENTERPRISES. The Grantee shall comply with the requirements of Executive Orders 11625, 12432, and 12138. Consistent with responsibilities under these Orders, the grantee must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this part. 17.0 DRUG ABUSE. The Grantee will comply with the requirements of the Anti-Drag Abuse Act of 1988 (P. L. 100-690). The Grantee will administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution of drags or alcohol by its beneficiaries. ESGP Grant Format Revised May 14, 2003 Prepared by: Robert Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB03-00002) RESOLUTION NO. 03-198 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF THE DONAHUE SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the owners, Richard J. and Penelope Donahue, filed with the City Clerk the final plat of the Donahue Subdivision, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in iowa City, Johnson County, Iowa, to wit: A portion of the S 1/2 NW 1/4, Section 2, T. 79 N., R. 6 W. of the 5th P.M., Iowa City, Iowa, being the same realty as described in Deed Book 2267 - Page 123, Johnson County Recorder's Office, excepting therefrom Auditor's Parcel 98040 as recorded in Plat Book 39 - Page 140 and excepting therefrom Dubuque Road ROW dedication as recorded in Book 2488 - Page 188, and including Auditor's Parcel 2003034 as recorded in Plat Book 46, Page 61 described as follows: Commencing at a cut "X" found marking the intersection of the centerline of Dubuque Road and the half section line running east and west through said Section 2; thence S 89°35'45" W - 34.53 feet along said half section line to a 5/8" rebar with cap #8295 found marking the SW corner of said ROW dedication and the Point of Beginning; thence S 89°35'45'' W - 320.95 feet along said half section line to the SE corner of the Tower Site as recorded in Plat Book 31 - Page 62 as marked by a found 5/8" rebar with cap #7036; thence N 00°24'15" W - 130.00 feet to the NE corner of said Tower Site as marked by a found 5/8" rebar with cap #7036; thence S 89°35'45" W - 50.00 feet to the NW corner of said Tower Site as marked by a found 5/8" rebar with cap #7036; thence S 00°24'15" E - 129.96 feet to the SW corner of said Tower Site as marked by a found 5/8" rebar with cap #7036; thence S 89°45'11" W - 269.52 feet along said half section line to a point 675 feet west of said centeriine of Dubuque Road as marked by a set 5/8" rebar with cap #8295; thence N 00027'24" W - 594.08 feet (recorded 589 feet in said Book 2267 - Page 123 and 595.98 feet in Plat Book 5 - Page 12) as marked by a 5/8" rebar with cap #8295 set next to the existing corner post; thence S 87°37'37'. E - 211.80 feet (recorded 214.5 feet) along the existing fence line to a 5/8" rebar with cap #8295 set next to the existing corner post; thence S 88°43'44" E - 604.60 feet along the existing fence line to the NW corner of said ROW dedication as marked by a set 5/8" rebar with cap #8295; thence S 16°44'22'. W - 117.64 feet along said ROW to the ROW corner of said Auditor's Parcel 98040 as marked by a found 5/8" rebar with cap #8295; thence S 89°35'45" W - 313.17 feet along the nodh line of said Auditor's Parcel to the NW corner thereof as marked by a found 5/8" rebar with cap #8295; thence S 08°51'14" W - 373.19 feet along the west line of said Auditors Parcel to a corner marked by a found 5/8" rebar with cap #8295; thence S 37°00'17'' E - 51.29 feet along said west line to the NW corner of said Auditor's Parcel 2003034 to a set 5/8" rebar with cap #8295; thence N 89°35'45" E - 216.30 feet along the north line of said Auditor's Parcel 2003034 to the northeast corner thereof as marked by a set 5/8" rebar with cap #8295; thence S 16°44'22" W - 47.09 feet along said ROW line to the Point of Beginning. Said Donahue Subdivision contains 6.91 acres subject to a 15 foot wide Access Easement to said Tower Site as shown on Plat Book 31 - Page 62. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and Resolution No. 03-198 Page 2 WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and subdivision and recommended that said preliminary and final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1995) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 24th dayof ,]une ,20 03 . CiTY~ERK ..... It was moved by Champ'ion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn ppdad m/res~donahuesu bd.doc Prepared by: Shelley McCafferty, Assoc. Planner 410 E. Washington St., Iowa City, iA 52240 (319) 356-5243 (SUB03~0013) RESOLUTION NO. 03-199 RESOLUTION APPROVING THE PRELIMINARY PLAT OF HIGHLAND WOODS, A 10-LOT, 6.92-ACRE SUBDIVISION LOCATED WEST OF CUMBERLAND LANE, SOUTH OF SCO'I-F PARK. WHEREAS, the owner, Arlington Development Inc., filed with the City Clerk of Iowa City, Iowa, an application for approval of the prelimary plat of Highland Woods, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary plat, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The preliminary plat of Highland Woods, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and direc~ed, to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 24th day of ,2003. Approved by CI'I'~'"CLERK City//~r'~f~y'~ ~fice It was moved by Champion and seconded by pfah the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~ Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 03-200 RESOLUTION APPROVING FINAL PLAT OF HOLLYWOOD MANOR, PART 8, IOWA CITY, IOWA. WHEREAS, the owner, ST Enterprises, LC, filed with the City Clerk the final plat of Hollywood Manor, Part 8, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: A Portion of the Northeast Quarter of the Southwest Quarter of Section 23, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Beginning at the Southwest corner of Auditor's Parcel "B", in accordance with the plat thereof recorded in Plat Book 34, at Page 243 of the records of the Johnson County Recorder's Office; Thence N02°23'00"W, along the West line of said Auditor's Parcel "B", 320.05 feet; Thence N87°37'00"E, along said West line, 91.50 feet; Thence N02°23'00"W, along said West line, 280.00 feet; Thence S87°37'00"W, along said West line, 26.50 feet; Thence N02°23'00"W, along said West line, 175.00 feet, to the Northwest corner thereof; Thence N87°37'00"E, along the North line of said Auditor's Parcel "B", 345.64 feet, to the Northwest corner of Hollywood Manor - Part 7 in accordance with the recorded plat thereof, recorded in Plat Book 42 at Page 155 of the records of the Johnson County Recorder's Office; Thence S02°23'00"E, along the West line of said Hollywood Manor - Part 7, a distance of 175.00 feet; Thence N87°37'00"E, along said West line, 10.38 feet; Thence S02°23'00"E, along said West line, 126.53 feet; Thence S89021'11"W, along said West line, 37.55 feet; Thence S00°48'22"W, along said West line, 66.41 feet; Thence S03°24'34"E, along said West Line, 62.92 feet; Thence S07°43'40"E, along said West line, 62.92 feet; Thence S07°48'57"E, along said West line, 98.83 feet; Thence S02°17'57"E, along said West line, 60.00 feet; Thence N87°42'03"E, along said West line, 32.63 feet; Thence S02°17'57"E, along said West line, 125.00 feet, to the Southwest corner of said Hollywood Manor - Part 7; Thence S87°42'03"W, along the South line of said Auditor's Parcel "B", 428.49 feet, to the Point of Beginning. Said Parcel of land contains 6.35 acres and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. Resolution No. 03-200 Page 2 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 24th dayof ,20 03. Approved by ATTEST: ~~_~ 7~. ~:~ ~ CITY'CLERK ' It was moved by Pfab and seconded by Champ"ion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Shelley McCaffedy, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356~243 (SUB03~0017) RESOLUTION NO. 03-201 RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART 7, IOWA CITY, IOWA. WHEREAS, the owner, Dave-Ed Limited, filed with the City Clerk the final plat of Galway Hills, Part 7, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Southeast Corner of Lot 117 of Galway Hills Subdivision - Part Five, in accordance with the Plat thereof Recorded in Plat Book 40, at Page 282, of the Records of the Johnson County Recerder's Office; Thence S00°10'02"E, along the East Line of the West One-Half of the Northeast Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, 542.97 feet; Thence S89°49'58"W, 406.54 feet; Thence S74°31'24"W, 66.00 feet; Thence N15°28'36"W, 41.35 feet; Thence S74°31'24"W, 101.52 feet; Thence N06°35'51"W, 125.00 feet; Thence Southwesterly, 2.37 feet, along a 419.15 foot radius curve, concave Southeasterly, whose 2.37 foot chord bears S83°14'25"W; Thence N06°55'18"W, 175.16 feet; Thence S81°15'35"W, 143.78 feet; Thence S89054'28"W, 85.41 feet; Thence N82°34'27"W, 81.55 feet; Thence N04°34'50"E, 31.29 feet; Thence N71°21'10"W, 187.00 feet; Thence Northeasterly, 8.56 feet, along a 325.00 foot radius curve, concave Southeasterly, whose 8.56 foot chord beam N19°24'08"E; Thence N69°50'35'~/V, 134.06 feet, to a Point on the East Line of Galway Hills Subdivision, Part One,. in accordance with the Plat thereof Recorded in Plat Book 31, at Page 247, of the Records of the Johnson County Recorder's Office; Thence N27°46'53"E, along said East Line, 176.07 feet; Thence Northwesterly, 15.33 feet, along said East Line on a 452.44 foot radius curve, concave Northeasterly, whose 15.33 foot chord beam N61°14'53"W; Thence N29°43'21"E, along said East Line, 140.14 feet, to the Southwest Comer of Galway Hills Subdivision - Part Six, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 343 of the Records of the Johnson County Recorder's Office; Thence S61°47'59"E, along the South Line of said Galway Hills Subdivision - Part Six, 220.51 feet; Thence N88043'34"E, along said South Line, and the West Line of Galway Hills Subdivision - Part Five, in accordance with the Plat thereof Recorded in Plat Book 40, at Page 282, of the Records of the Johnson County Recorder's Office, 186.20 feet; Thence S19°19'35"E, along said West Line, 200.23 feet, to the Southwest Corner thereof; Thence Northeasterly, 38.18 feet, along the South Line of said Galway Hills Subdivision, Part Five, on a 497.37 foot radius curve, concave Northwesterly, whose 38.17 foot chord beam N68°28'28"E; Thence N66°16'32"E, along said South Line, 21.09 feet; Thence Southeasterly, 49.36 feet, along said South Line , on a 30.00 foot radius curve, concave Southwesterly, whose 43.98 foot chord beam S66°35'11"E; Thence NT0°33'05"E, along said South Line, 66.00 feet; Thence Northwesterly, 25.82 feet, along said South Line, on a 402.32 foot radius curve, concave Southwesterly, whose 25.82 foot chord bears N21°17'I4"W; Thence N66°52'27"E, along said South Line, 177.18 feet; Thence N89°49'58"E, along said South Line, 325.50 feet, to the Point of Beginning. Said Tract of land contains 10.98 acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa Resolution No. 03-201 Page 2 (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT; 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements, and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 24th day of~, 2003. Approved by ATTEST: ~,'2.,~ CITY ~LERK Ci It was moved by Chamo'ion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum VSTAFF REPORT To: Planning & Zoning Commission Prepared by: Shelley McCafferty Item: SUB03-00017 Galway Hills Part 7 Date: May 15, 2003 GENERAL INFORMATION: Applicant: Dave-Ed Limited 18 Donegal Place Iowa City, IA 52246 Contact Person: MMS Consultants, Inc. 1917 South Gilbert Street Iowa City, IA 52240 351-8282 Requested Action: Approval of final plat Purpose: To create a 16-1ot residential subdivision Location: Intersection of Kilarney Road and Dublin Drive Size: 10.98 acres Existing Land Use and Zoning: Undeveloped, RS-5 Surrounding Land Use and Zoning: Nodh: RS-5 & PDH-8, residential South: RS-5, undeveloped East: P, West High School West: RS-5, Low Density Single Family Residential Comprehensive Plan: 2-8 dwelling units per acre File Date: April 24, 2003 45-Day Limitation Period: June 8, 2003 BACKGROUND INFORMATION: The applicant, Day-Ed Ltd. is requesting approval of the final plat of Galway Hills Pad 7, Lots 138- 153. This subdivision is 10.98 acres of the 19.01-acre Galway Hills Parts7,8 and 9 subdivision. The preliminary plat for Galway Hills Parts7, 8 and 9 was approved by City Council on May 6, 2003. 2 ANALYSIS: The final plat as submitted is in general conformance with the approved preliminary plat. Construction plans have been submitted and are being reviewed by the City Engineer. Legal papers will require review by the City Attorney and Engineer, but have not yet been recieved. Prior to Council consideration of the final plat, staff must approve construction plans and legal documents. A sanitary sewer tap-on fee to the North West trunk line is required for 9.7 acres of this subdivision. The tap-on fee is $2,017.44 per acre for a total fee of $19,569.17. A water main extension fee is required for 10.98 acres at $395 per acre for a total fee of $4,337.10 STAFF RECOMMENDATION: Staff recommends that SUB03-00017, a final plat of Galway Hills Part 7, a 10.98-acre, 16-1ot residential subdivision located at the intersection of Kilarney Road and Dublin Drive be approved subject to staff approval of legal papers and construction drawings prior to City Council consideration. ATTACHMENTS: 1. Location map 2. Final plat Approved by: ~ ~ Robert Miklo, Senior Planner, Department of Planning and Community Development FINAL PLAT GALWAY HILLS SUBDIVISION - PART SEVEN TO IOWA CITY, IOWA MELROSE AVE WEST HIGH SCHOOL p PDH- 12 _-- SI""E~,. LOCATION: Galway Hills Subdivisiop~Oart Seven SU~,3-O0/ Prepared by: Kumi Morris, Engineering Division Public Works, 410 E. Washingt~3n St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 03-202 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CIVIC CENTER NORTH COURT TRANE HVAC PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2 p.m. on the 11th day of July, 2003, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 15~h day of July, 2003, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 24th dayof Jun( __ . ClTY'""~'LERK Ci~ ~t~or~ey,s0 Office 6/03 Resolution No. 03-202 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: /~J3SEN'D: X Champion X Kanner X Lehman X O'Donnell ~ Pfab X Vanderhoef X Wilbum Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 03-203 RESOLUTION ACCEPTING PAYMENT OF $1500.00 CIVIL PENALTY AND WA1VER OF RIGHT TO HEAPdNG FROM DELI MART #2 WHEREAS, on February 13, 2003, in Ryan Sean Bunting violated Iowa Code § 453A.2(1) by selling tobacco to a minor; and WHEREAS, at the time of this violation Bunting was an employee of the establishment operating under the retail cigarette permit issued to Deli Mart #2, 1920 Lower Muscatine Avenue, Iowa City; and WHEREAS, there was a prior violation of Section 453A.2(1) by one of this business's employees or agents within a two-year period. WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit may be subjected to a civil penalty of $300.00 the first time its employee violates Iowa Code § 453A.2(1) and, at the establishment's option, either a $1500.00 civil penalty or a thirty (30) day retail cigarette permit suspension the second time its employee violates section 453A.2(1) within a two-year period, each after a heating and proper notice; and WHEREAS, on or about June 24, 2003, Deli Mart #2 waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by tendering the $1500.00 civil penalty to the City Clerk of the City of Iowa City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $1500.00 civil penalty on behalf of Deli Mart #2. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: June 24, 2003 Mayor, City of Iowa City City ~terk, City of Iowa City Resolution No. 03-203 Page, ~ It was moved by ChamDion and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. RESOLUhON ASSESSING CIVIL PENALTY OF EITHER THIRTY (30) DAY RETAIL CI x~d~,ETTE PERMIT SUSPENSION OR $1500.00/GA1NST DELI MART #2 Seen Bunting violated I~a Code § 453A.2(1) by WHEREAS, on February '~.~, 2003, Ryan selling tobacco to a minor; ah~ WHEREAS, at the time of the a~kove violation, Bunting waCn employee of the establishment operating under the retail cigarettb~,permit issued to Deli M,firt #2, 1920 Lower Muscatine Avenue, Iowa City; and ', WHEREAS, there was a prior violati~h of Section 455A.2(1) by one of this business's employees or agents within a two-year period. WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty o~f $300.00 the first time its employee violates Iowa Code § 453A.2(1) and a civil penalty of a thirty (30) day suspension of its permit or $1500.00, at the permit holder's option, the second time its employee violates Iowa Code § 453A.2(1), within a two-year period, each after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess a civil penalty against Deli Mart #2 and at said hearing'the City Council heard the facts of the violation and the arguments of the permitee, if any; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuafit to Iowa Code § 453A.22(2) hereby assesses a civil penalty of either $1500.00 or a thirty (30) daX suspension of the retail cigarette permit of Deli Mart #2, at the option of Deli Mart #2, pursuarlt to Iowa Code § 453A.22(2). BE IT FURTHER RESOLVED, that said retail cigarette permit& has ten (10) days from the date of this Resolution to either surrender its retail cigarette permit to me City Clerk who will hold it for a period of thirty (30) days or pay the $1500.00, thereby choosing its civil penalty pursuant to Iowa Code §453A.22(2). BE IT FURTHER RESOL, VED, that the City Clerk will forward a cop~( of this Resolution to the Johnson County Attorney s Office, which will then provide a copy ofth~ same to the retail cigarette permit holder via regular mail sent to the permit holder's place 6~business as it appears on the application for a retail cigarette permit. P, ASSED AND APPROVED: Mayor, City of Iowa City ATTEST: City Clerk, City of Iowa City Prepared by Andy Matthews, Asst. City At~omey, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 03-204 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, THE MOEN GROUP, AND TERRAPIN BREWERY, INC. dPo/a TERRAPIN COFFEE IOWA CITY FOR A SIDEWALK CAFe; WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, The Morn Group d/b/a Terrapin Coffee Iowa City, applied for temporary use of the public right-of-way at 259 Iowa Avenue, Iowa City, Iowa for a sidewalk caf6 thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the City Clerk. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this 24thday of ~~ ^ rEST: Approved by: C~y A~o~ey's Office Terrapin Sidewalk Caf6 Res Resolution No. 03-204 Page 2 It was moved by Champi on and seconded by Wi 1 burn the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Nab X Vandenqoef X Wilbum