HomeMy WebLinkAbout2004-06-01 Resolution
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Prepared by Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030
RESOLUTION NO. 04-159
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, LANDOWNER UNIVERSITY VIEW PARTNERS, AND TENANT
TAKANAMI LLC d/b/a TAKANAMI, FOR A SIDEWALK CAFÉ AT 219
IOWA AVE.
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way
within the City; and
WHEREAS, landlord University View Partners, and tenant Takanami LLC d/b/a
Takanami, applied for temporary use of the public right-of-way at 219 Iowa Ave., Iowa
City, Iowa for a sidewalk café and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the
proposed sidewalk café 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 lOW A 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 Public Works
Department, and direct copies of this resolution together with the application and
signed license agreement to the applicant.
2. The City Clerk is hereby directed to record this Resolution and license agreement
with the Johnson County Recorder at Applicant's expense,
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YOR
ATTEST:~~ K ~ Approved bY:~
CI CLERK
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City Attorney's Office
Starbucks Sidewalk Café Res-5-13-04
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Resolution No. 04-159
Page 2
It was moved by Champion and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
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Prepared by: Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240, (319)356-5041
RESOLUTION NO. 04-160
RESOLUTION RESCINDING RESOLUTION NO. 94·254 AND ADOPTING IN LIEU
THEREOF A NEW RESOLUTION ESTABLISHING FEES AND POLICY FOR
EXAMINATION OF PUBLIC RECORDS FOR SERVICES PERFORMED BY THE OFFICE
OF THE CITY CLERK
WHEREAS, every citizen has a right to examine and copy public records and documents, as provided by
state law; and
WHEREAS, the Iowa Code provides that a city may require all expenses for providing such work to be paid
by the person desiring to examine or copy such records; and
WHEREAS, the City Council of Iowa City, Iowa recognizes the need to ensure the protection of public
records, and to prevent interference with orderly office routine.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. Prior City Council Resolution No. 94-254 is hereby rescinded effective June 1, 2004, in its entirety.
2. The following policy and fees are hereby established effective June 1, 2004:
a. All requests for records shall be made during regular business hours.
b. Absent extenuating circumstances, response time for retrievals shall not exceed three (3)
working days.
c. Copying and retrieval charges do not apply to City officials and employees of the City carrying
out the regular duties of their office or position.
d. The Clerk shall provide copies of public documents maintained in the Clerk's office. Specifically,
the Clerk is not responsible for additional calculations or information not contained in or on the
documents themselves.
e. Certified copies of a document may be made only at the time the photocopy is made by the City
Clerk.
f. The charge for copies of records and documents shall be as follows:
1) Photocopy/Microfilm copy $ .15 per page
2) Duplicate or transfer of cemetery deed $10.00
3) Audio tapes of City Council meetings $ 3.50
4) FAX $ 2.50 per page
g. No charge will be made for the first fifteen (15) minutes for the services of the City Clerk or staff
in research and retrieval of records. Retrievals of more than 15 minutes will be assessed in
quarter-hour intervals at the rate of $5.00 per quarter hour.
h. If the service requested cannot be completed during regular City Clerk office hours, a person
may request the work be completed after hours. The charge will be based upon the overtime
paid to the person providing assistance. The decision to authorize overtime shall be made by
the City Clerk, and the City Clerk cannot guarantee the information will be provided in the time
requested.
Resolution No. 04- 1 nO
Page 2
Passed and approved this 1st day of June ,20-ºL.
¿-~U /J
ATTEST: ~ ;(". ~A.u £r:~0);¿ -
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CITY CL RK City Attorney's Office
It was moved by Champion and seconded by Vanderhoef the Resolution be adopted,
and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
C lerk/res/clerkfee. res
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Prepared by: Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City IA 52240 (319) 356-5230
RESOLUTION NO. 04-161
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 $81,252 available to the City of Iowa
City for program administration and support of the Domestic Violence Intervention Program,
Shelter House, and Table to Table.
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 (04-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 Mayor and the City Manager are 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 1st day of June ,2004.
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Ä OR
Approved by
ATTEST: 7J~~:~~/ ,1/. ~A1) ~ ç-J.\-<:J'{
CIT LERK City Attorney's Office
jccoghs\res\agt-ided.doc
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Resolution No. 04-161
Page 2
It was moved by ChamDion and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
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lOW A DEPARTMENT OF ECONOMIC DEVELOPMENT
EMERGENCY SHELTER GRANTS PROGRAM
GRANT CONTRACT
RECIPIENT: City ofIowa City
E8GP CONTRACT NUMBER: 04-E8-004
AWARD DATE: April 19, 2004 .
EFFECTIVE DATE: July 1, 2004
CONTRACT EXPIRATION DATE: June 30, 2005
AWARD AMOUNT: $ 81,252
THIS EMERGENCY SHELTER GRANTS PROGRAM ("ESGP") CONTRACf is made by and between the IOWA
DEPARTMENT OF ECONOMIC DEVELOPMENT, 200 East Grand A venue, 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 Ibis 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 Ibis grant upon the tenus and conditions set forth in this Contract. In
consideration of the mutual promises contained in Ibis Contract aud other good and valuable consideration, it is agreed as
follows:
ARTICLE 1
DEFINITIONS
As used in this Contract, the following tenus shall apply:
1.1 ð£L "Act" means the Stewart B. McKinney Homeless Assistance Act of 1987 as amended.
1.2 ALLOW ABLE 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 Department 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) the Grantee fulfills the conditions and
project activities agreed to herein as of the contract expiration date first stated; or b) the Contract is tenninated by the
Department due to any default under Article 9; or c) tenninated in accordance with provisions set forth in Sections 8 and 9 of
the General Provisions, Attachment C of this Contract.
L5 EFFECTIVE DATE. "Effective Date" means the date upon which the services of the Grantee are to begin
and upon which eligible costs may be incurred against the Contract.
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Contract Number: 04-ES-004
Page 2 of 11
1.6 EMERGENCY SHELTER GRANTS PROGRAM ŒSGP). "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 ofESGP funds to the Grantee for Project activities.
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 iustruments 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 turn, 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 homeless ness, subject to the limitations in 42 U.S.c. I 1374(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 peñormed 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.offunding 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 tennination, reduction or delay of ESGP funds 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.
ESGP Grant Format
Updated May 12, 2004
Contract Number: 04-ES-004
Page 3 of 11
ARTICLE 3
TERMS OF GRANT
3.1 TIME OF PERFORMANCE. The services of the Grantee and its Subrecipients are to connnence as of the
effective date fIrst stated and shall be undertaken in such sequence as to assure their expeditious completion. All of the
services required hereunder shall be completed on or before the contract expiration date fIrst stated.
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 Sunnnary." It is further understood and agreed that the total of all payments to the Grantee by the
Department for all work and services required under this Contract shall not exceed the award amount fIrst stated unless
modifIed by written amendment ofthis Contract as provided in Section 1.0 of the General Provisions.
3.3 LOCAL EFFORT REOUlREMENTS.
(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(b)), 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 contribution to the Project, then
such contribution 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 contributions to the Project,
then said contribution shall be as shown in the approved Budget Sunnnary, 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 ACIDEVEMENT
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 [mal 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 perfonnance targets set forth in Attachment A, "Budget Summary." The Department
reserves the right to monitor and measure at any time during the Contract term the achievement of the performance targets.
ARTICLE 5
USE OF FUNDS
5.1 GENERAL. The Grantee and its Subrecipients shall perform in a satisfactory and proper manner, as
determined by the Department, the work activities and services as written and described in the Grantee's approved Emergency
Shelter Grants Budget Summary (Attachment A).
ESGP Grant Fonnat
Updated May 12, 2004
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Contract Number: 04-ES-004
Page 4 of II
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 detennines 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 amount 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 funding sources requiring a proportional reduction of their financial contribution to the
Project. Any disbursed excess above the reduced ESGP 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 Summary (Attachment A), the Departmènt 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 funds 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 funds, 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 pennit such a higher increase if, in the Department's
judgemeut, the Subrecipient has demonstrated financial hardship.
ARTICLE 6
CONDITIONS TO DISBURSEMENT 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 Contract:
6.1 GRANT CONTRACT EXECUTED. The Grant Contract shall have been properly executed and, where
required, acknowledged.
6.2 COMPLIANCE WITH ENVIRONMENTAL REOUIREMENTS. Funds shall not be released under this
Contract until the Grantee and its Subrecipients have satisfied the enviromnental review and release of funds requirements set
forth in 24 CPR 576.52, "Enviromnental Review Procedures for the Community Development Block Grant Program," and
summarized in the Homeless Assistance Grants Manual. In addition, construction contracts for non-exempt activities shall not
be executed and construction shall not begin prior to providing the Department with documentation of the Recipient's
compliance with Section I 06 of the National Historic Preservation Act and 36 CFR Part 800, "Protection of Historic
Properties. " The Recipient shall comply with any programmatic Memorandum of Understanding between the Iowa
Department of Economic Development and the Iowa State Historic Preservation Office, applicable to any activities included in
this contract.
6.3 PERMITS AND LICENSES. The Department reserves the right to withhold funds until the Department
has reviewed and approved all material, such as pennits or licenses ftom other state or federal agencies, which may be required
prior to project commencement.
6.4 SUBRECIPIENT AGREEMENT. The Department, prior to the release of funds for the Activity(ies), shall
receive and review the Subrecipient agreement between the grantee and approved Subrecipient(s). User Certifications for the
ESGP Grant Format
Updated May 12, 2004
Contract Number: 04-ES-004
Page50fll
Iowa Homeless Information Management Network mnst be submitted to the Iowa Institnte for Cornmuuity 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 Gralltee represents, covenants and
warrants that:
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 [mancial statements and related materials concerning the Project
provided to the Department are true 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) ftom the Subrecipients to be administered by the Grantee which 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, threatened 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 which are inconsistent with the
Grant Contract.
7.6 EFFECTIVE DATE OF REPRESENTATIONS AND WARRANTIES. The covenants, warranties and
representations of this Article are made as of the award date of this 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 THE 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 shall perform the
project's work and services by the Contract Expiration Date. SubrecipieÌ1ts are required, to the maximum
extent practicable, to involve homeless individuals and families in the renovation, maintenance, and
operation offacilities assisted under the Emergeucy 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
ESGP Grant Format
Updated May 12, 2004
Contract Number: 04-ES-004
Page 6 of II
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) 15th of every month after submitting initial request (original and three
copies)
Client Trackin. Usin. 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.
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 tlùs Grant Contract in
sufficient detail to reflect all costs, direct and indirect, oflabor, 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 final audit of the project is accepted by IDED. Records for non-expendable property
acquired under this Contract shall be retained for a five (5) year period after the final 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 RECORDSIINSPECTIONS. The Grantee and its Subrecipients shall, without prior
notice and at any time, permit HUD or its representatives, the General Accounting Office or its
representatives, and the Department, its representatives or the State Auditor to examine, audit and/or copy, so
long as no identifiable 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 purposes and activities described in this Contract and as approved by the Department
(I) 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.
ESGP Grant Format
Updated May 12, 2004
Contract Number: 04-ES-004
Page 7 of 11
(h) INDEMNIFICATION. The Grantee and its Subrecipients shall indemnify and hold hannless the
Department, its officers and employees ftom 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.
U) 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 tenus. The Grantee certifies and
assures compliance with the applicable orders, laws and implementing regulations, 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 Nonprofit Organizations"), OMB Circular A-87 ("Principles for
Detennining Costs Applicable to Grants and Contracts with State, Local and Federally recognized
Indian Tribal Governments"), OMB Circular A-133 ("Audits of State and Local Governments") as
implemented by HOD at 24 CFR Part 44, and the implementing regulations issued by HUD
conceming 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 US.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 U.S.C. 3601 et seq.); Section 3 of the Housing and
Urban Development Act of 1968 as amended (12 US.c. 170lu); 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
ESGP Grant Format
Updated May 12, 2004
.- _ -...--.". -. --
Contract Number: 04-ES-004
Page80fll
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 Reauthorization Act of 1986; and regulations which implement these
laws.
(ix) Fair Labor Standards Act and implementing regulations.
(x) Requirements for the Notification, Evaluation and Reduction of Lead Based Paint Hazards
in Federally Owned Residential Property and Housing Receiving Federa] Assistance, Fina] Rule (24
CFR Part 35, et aL).
(xi) National Environmental Policy Act of ]969 (NEPA), as amended, and implementing
regulations.
(xii) The Flood Disaster Protection Act of ]973 (42 U.S.c. 4001 et seq.) and the Coastal
Barriers Resources Act (]6 U.s.c. 3501)
(xiii) Uuifonn Re]ocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, (URA)(42 U.S.C. 460]) 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.
(xvi) Drug Free Workplace Act of ]988 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) Financia] and Program Management guidelines issued by the Iowa Department of
Economic Development: the Homeless Assistance Grants ManuaL
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
conunit waste or damage upon the Project property. At the Department's request, the Grantee or Subrecipient 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 tenn the Grantee covenants with IDED that it shall
not, without the prior written disclosure to and prior written consent ofIDED, directly or indirectly:
(a) ASSIGNMENT. Assigu its rights and responsibilities under this Grant Contract
(b) ADMINISTRATION. Discontinue administration activities under the Contract ,
ESGP Grant Format
Updated May 12, 2004
~."....._- ----.-..-..."..--- -~-'--'-'-- --- -----._-------.-----
Contract Number: 04-ES-004
Page 9 of 11
ARTICLE 9
DEFAULT AND REMEDIES
9.1 EVENTS OF DEFAULT. The following shall constitute Events of Default under this Grant Contract:
(a) MATERIAL MISREPRESENTATION. If at any time any representation, warranty or statement
made or furnished to the Department 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 the
Department to be incorrect, false, misleading or erroneous in any material respect when made or furnished
and shall not have been remedied to the Department's satisfaction within thirty (30) days after written notice
by the Department is given to the Grantee or its Subrecipient(s).
(b) NONCOMPLIANCE. If there is a failure by the Grantee or its Subrecipient(s) to comply with any
of the covenants, tenns 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 the Contract Expiration Date.
(d) MISSPENDING. If the Granteear its Subrecipient(s) expends Grant proceeds for purposes not
described in the ESGP application, this Contract, or as authorized by the Department
(e) INSURANCE., lflass, theft, damage or destruction afany substantial portion of the property of the
Grantee or its Subrecipient( s) ÒCCtmi 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, after opportunity to cure, the defanlt remains, IDED shall have the
right, in addition to any rights and remedies available to it, to do one or more of the following:
(a) exercise any remedy provided by law,
(b) require inunediate repayrr¡ent 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 Perfonnance
Targets, the Department may require full Grant repayrr¡ent or, at its discretion, the Department may permit repayrr¡ent of Grant
proceeds which allows partial credit for the perfonnance targets which have been met, or the Department may permit other
remedies that the Department determines to be appropriate.
ARTICLE 10
INCORPORATED DOCUMENTS
10.1 DOCUMENTS INCORPORATED BY REFERENCE. The Grantee and its Subrecipients shall comply
with the terms and conditions of the following documents which are hereby incorporated by reference:
1. Attachment A, "Budget Summary," dated July I, 2004.
ESGP Grant Fonnat
Updated May 12, 2004
.- -.-,... -_._~--_..~- - '''-'._~--'''-'..~_.,-_..._--_._-
Contract Number: 04-ES-004
Page 10 ofll
2. Attachment B, Service Provider Applications.
3. Attachment C, "General Provisions," dated March 19, 2004.
10.2 ORDER OF PRIORITY. In the event of a conflict between documents of this contract, the following order
of priority shall govern:
1. Articles I through II herein.
2. Attachment A, "Budget Summary," dated July I, 2004.
3. Attachment B, Service Provider Applications.
4. Attachment C, "ESGP Program General Provisions," dated March 19, 2004.
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 oflonger than ten (10) working days, after which
time any surplus arnount shall be returned to the Department.
11.2 BINDING EFFECT. TIlis Grant Contract shall be binding upon and shall inure to the benefit ofthe
Department and Grantee and their respective successors, legal representatives and assigns. The obligations, covenants,
warranties, acknowledgments, waivers, agreements, tenus, 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. The 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 detennined by the department.
11.4 GOVERNING LAW. TIlis Grant Contract shall be interpreted in accordance with the laws of the State of
Iowa, and any action relating to the Grant Contract shan only be commenced in the Iowa District Court for Polk County or the
United States District Court for the Southern District ofIowa.
11.5 NOTICES. Whenever this Grant Contract requires or pennits any notice or written request by one party 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 future 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 tenus 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.
ESGP Grant Format
Updated May 12, 2004
Contract Number: 04-ES-004
Page 11 of 11
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 an 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: -
e Honorable Ernest W. LeiurtaÍ1
Mayor, City oflowa City AppfOytd By
City Hall - 410 E. Washington St.
Iowa City, IA 52240-1826 ~~ g-Jf-C'F
DATE: June 1, 2004 City Attorney', Office
lOW A DEPARTMENT OF ECONOMIC DEVELOPMENT:
BY:
SANDY EHRIG, DIVISION ADMINISTRATOR
DATE:
ESGP Grant Format
Updated May 12,2004
~....-.,.--.---~----" ---... --.------.--.-.-----
Emergency Shelter Grants Program (ESGP)
Attachment A - Budget Summary - Amended
Report Criteria: Contract #: 04-ES-004
Essential Homeless Match
Prov.# Provider Name Admin Rehab Services Operating Prevention Total Budget Requirement
Contract
,~ri\IUJe¡".Ø~"Ii~~J~i t.Qlt~~ftDwªGltv - Effective Date:
7/112004
52001 Domestic Violence Intervention $0 $0 $0 $20,500 $2,000 $22,500 $22,500
Program
52003 Shelter House Community Shetter $0 $0 $0 $32,189 $0 $32,189 $32,189
and Transition Services
52007 Table to Table $0 $0 $0 $22,500 $0 $22,500 $22,500
52999 Admin - City of Iowa City $4,083 $0 $0 $0 $0 $4,063 $0
Subtotal for 04-ES.o04: $4,063 $0 $0 $75,189 $2,000 $81,252 $77,189
t-InmAIA!I:;!I;. A-C;;!I;.I!I;tanCA Prnnr:lm!l; Page 10f1 Print Date: 5/13/20041:53:22 PM
Attachment A - Budaet Summary - Amended
--"'-~-"'-"---'-""'-' -_. .--- ~._~-,~--~-
ATTACHMENT C
GENERAL PROVISIONS
EMERGENCY SHELTER GRANTS PROGRAM (ESGP)
Approved as to Ponn March 19,2004
1.0 AMENDMENT.
a) WRITING REOUIRED. The Contract may only be amended through written prior approval ofIDED. Examples of
situations where amendments are required include extensions for completion of Project activities, changes to the Project
including, but not limited to, a1teration of existing approved activities or inclusion of new activities.
b) UNILATERAL MODIFICATION. Notwithstanding paragraph "a" above, IDED 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 loea] 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 REOUlREMENTS.
SINGLE AUDIT. The Grantee shall ensure that an audit is perfonned in accordance with the Single Audit Act as amended in
1996 (p.L. 104-156) which requires that an audit be perfonned in accordance with the OMB Circular A-133 and a copy ofthe
audit report submitted to the IDED if the Grantee expends $300,000 or more in federal funds within the applicable fiscal year.
If the Grantee is required by State law, or its own policies, to have a periodic audit perfonned, 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 perfonned at project completion. Ifrequested, 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. IfIDED determines at any time, whether through monitoring, audit, closeout 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 determinations will be handled in accordance with the provisions of Chapter 17 A, Iowa Code. If it is IDED's final
determination that costs previously paid by the IDED are unallowable under the tenus 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-I02 and 261 Iowa Administrative Code,Chapter 24,
shan 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 that interest is eamed 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 ofESGP funds. Suspension may continue until the Grantee completes the corrective action as required by
IDED. IDED may anow 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 ofHUD regulations issued pursuant to OMB Circular A-
87.
.- ---,~ ------- ,_ '_.____-..__w_w____..___~___ --~-----"._-" .",,-----
Contract Number: 04- ES-004
Page 2 of 4
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.
b) FOR CONVENIENCE. IDEO 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 ESOP federal grant funds to the State.
9.0 PROCEDURES UPON TERMINATION.
a) NOTICE. IDED shall provide written notice to the Grantee of the decision to terminate, the reason(s) for the
termination, and the effective date of the termiI).ation. If there is a partial tennination 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. IDEO's share of
noncancellable obligations which IDEO determines were properly incurred prior to notice of cancellation will be
allowable costs.
b) RIGHTS IN PRODUCTS. All finished and unfinished documents, data, reports or other material prepared by the
Grantee under the Contract shall, at IDEO option, become the property ofillED.
c) RETURN OF FUNDS. The Grantee shall return to IDED all unencumbered funds within one week of receipt of the
notice ofterrnination. Ány costs previously paid by IDED which are subsequently determined 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 ofthe
Department, including the fees and expenses of their attorneys, experts and agents, in connection with the exercise or enforcement
of any of the rights of the Department under this Contract.
11.0 INDEMNIFICA nON. The Grantee shall indemnify and hold harmless the Department, its officers and employees, ¡¡-om 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 perfonnance of this Contract, and
from any and all claims and losses accruing or resulting to any person, finn 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 lib" below who exercise or have exercised 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 infonnation
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 thereafter.
Ii) PERSONS COVERED. The conflict of interest provisions described above apply to any person who is an employee,
agent, consultant, officer, or elected or appointed official of the Grantee, or of any designated public agencies, or
Subrecipients which are receiving ESGP funds.
c) CONFLICTS OF INTEREST. Chapter 68B, Code oflowa, 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 Subrecipient
during any period of debarment, suspension, or placement in ineligible status under the provisions of24 CFR Part 24 or any
applicable law or regulation of the Department of Labor.
.- ---.- --_.__......~----._,
Contract Number: 04-ES-004
Page 3 of4
14.0 CIVIL RIGHTS.
a) DISCRIMINATION IN EMPLOYMENT. The Grantee shall not discriminate against any qualified employee or
applicant for employment because ofrace, color, religion, sex, national origin, age, or physical or mental disability. The
Grantee may take affinnative 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 afpay or other forms of compensation; and selection for training, including an apprenticeship. The
Grantee agrees to post notices setting forth the provisions of the nondiscrimination clause in conspicuous places so as to
be available to employees.
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 Code, Section 19B.7, Federal Executive Order 1124~, as aJltended; 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 aJltended (29 U.s.c. Section 794), and the Age
Discrimination Act of 1975 as amended (42 U.S.c. Section 6101et seq.). The Grantee will furnish all information and
reports requested by the State of Iowa or required by or pursuant to the rules and regulations thereof and will pennit
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 behalf 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 the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
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 of a Member of congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the Grantee shall complete and submit Standard Fonn-LLL, "Disclosure Fonn to
Report Federal Lobbying" in accordance with its instruction.
iii. The Grantee shall require that the language of this certification be included in the award documents for all
subawards at all 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 confonn with requirements of Title VI of the Civil Rights
Act of 1964 (42 U.S.c. 2000d et seq.) and ROO regulations issued pursuant thereto contained in 24 CFR Part 1. No
person in the United States shall on the basis ofrace, 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 made available through this contract. Any prohibition against discrimination on the
basis of age under the Age Discrimination Act of 1975 (42 U.S.c. 6101 et. seq.) or applicable pro~isions of the
Americans with Disabilities Act (P.L. 101-336,42 U.S.c. 12101-12213) with respect to an otherwise qualified individual
_..._."_.-.---_...~-_.. - -...-.-----------.--- ------ .---_.__._~-_.."----~... --~----~-_. -- --
Contract Number: 04-ES-004
Page 4 of 4
with a disability, and as also provided in Section 504 ofthe 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. 170Iu).
h) NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS. In the event of the Grantee's noncompliance with the
nondiscrimination clauses of this contract or with any of the aforesaid rules, reguJations. 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 other sanctions and invoking additional remedies as provided by· the Iowa Civil Rights Act of 1965 (Chapter
601A, Code mIowa) or as otherwise provided by law.
i) INCLUSION IN SUBCONTRACTS. The Grantee will include the provisions ofthe preceding paragraphs of Section
14 in every subcontract unless exempt by the State of Iowa, and said provisions wiU 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 pro gram 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 extent, 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 ofthe Anti-Drug 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 drugs or alcohol by its beneficiaries.
.
N\,[. IJ;[
Prepared by: Deb Briggs, ICHA, 410 E. Washington St., Iowa City, IA 52240 (319) 887-6069
RESOLUTION NO. 04-162
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIEN REGARDING A SECOND MORTAGE
AGREEMENT FOR THE PROPERTY LOCATED AT 2258 RUSSELL DRIVE,IOWA
CITY, IOWA.
WHEREAS, on May 22, 1998, the owners executed a Second Mortgage Agreement in
the amount of $50,000 that was recorded twice; and
WHEREAS, the owners also executed a Promissory Note; and
WHEREAS, this loan has been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
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
attached Release of Liens for recordation, whereby the City does release the property
located at 2258 Russell Drive, Iowa City, Iowa from a Second Mortgage Agreement
recorded May 27,1998, Book 2493, Page 173 to 178; and rerecorded January 23, 2002,
Book 3215, Page 1169 to 1174 and from the Promissory Note recorded on June 4,
1998, Book 2502, Page 109 of the records of the Johnson County Recorder's Office.
Passed and approved this 1 s t ',: cl J:~ ,;(ltZQQL.
,~¿
¿- ~ -
AYOR
Aprrt"'",d by ~~
ATTEST: ~~ÊR/ k. ~A Æ .J ~- J \" -CJ't
City Attorney's Office
It was moved by Champion and seconded by Vanderhoef the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
-- -.-----
Prepared by: Deb Briggs, ICHA, 410 E. Washington SI., Iowa City, IA 52240 (319) 887-6069
RELEASE OF LIENS
The City of Iowa City does hereby release the property at 2258 Russell Drive, Iowa City, Iowa,
and legally described as follows:
Lot 204, Part Five, Hollywood Manor Addition to Iowa City, Iowa, according
to the plat thereof recorded in Book 13, Page 18, Johnson County Records,
Johnson County, Iowa.
from an obligation of the owners, Willie and Augusta Gadson, to the City of Iowa City in the total
amount of $50,000 represented by a Second Mortgage Agreement recorded May 27, 1998
Book 2493, Pages 173 to 178 and re-recorded January 23, 2002, Book 3215, Pages 1169 to
1174, and a Promissory Note recorded June 4, 1998, Book 2502 on Page 109 of the Johnson
County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
¿; 4~.~~
'-4.- _ IÁ J.
-MAYOR
Approved by
ATTEST:càk~ÉRK'/ I.( ~--u./ ~ \-ð\--o~
City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this I s'¡' day of 'Tu"'fL ,AD.20 ot ' before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the
instrument was signed and sealed on behalf of the corporation by authorit~ of its City Council, as
contained in Resolution No. oA,-I(,1:-adopted by the City Council on the I Si- day --:rü.,o,¡r.c
_, 20 D4 and that the said Ernest W. Lehman and Marian K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
So-nc1..ncu. ~~
ppdrehab"-.rel Notary Public in and for Johnson County, Iowa
Wi SONDRAE FORT
Commission Number 159791
My CommisSiO~ !;pires
'3,-"/-D
.-... ...~.--.__.
MT('~ I 06-3:(5) I
Prepared by: Deb Briggs, ICHA, 410 E. Washington 51., Iowa City, IA 52240 (319) 887'{;069
RESOLUTION NO. 04-163
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIEN REGARDING A SECOND MORTAGE
AGREEMENT FOR THE PROPERTY LOCATED AT 1512 DICKENSON LANE, IOWA
CITY,IOWA.
WHEREAS, on August 23,2000, the owners executed a Second Mortgage Agreement in
the amount of $57,000; and
WHEREAS, this loan has been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
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
attached Release of Lien for recordation, whereby the City does release the property
located at 1512 Dickenson Lane, Iowa City, Iowa from a Second Mortgage Agreement
recorded August 24, 2000, Book 2999, Pages 240 to 246; and recorded of the records of
the Johnson County Recorder's Office.
Passed and approved this 1st day of June ,20 04 .
? L'
¿'.JÞ . .~þ~, #- ~. __
~AYOR
^J3J3fô"ved by
ATTEST: ~L~RK-~ *" ~AA ) ~~ ç--JS~
City Attorney's Office
It was moved by Champion and seconded by Vanderhoef the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
.- -"_._._~-- -- ----
Prepared by: Deb Briggs, ICHA, 410 E. Washington St., Iowa City, IA 52240 (319) 887-6069
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1512 Dickenson Lane, Iowa City,
Iowa, and legally described as follows:
Lot 81, South Point Addition, Part 5, Iowa City, Iowa, according
to the plat thereof recorded in Book 33, Page 312, Johnson County Records,
Johnson County, Iowa.
from an obligation of the owners, Terrance R. and Cheryl M. Simmons, to the City of Iowa City
in the total amount of $57,000 represented by a Second Mortgage Agreement recorded August
24, 2000, Book 2999, Pages 240 to 246 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
¿-~ W. ~L ~ ----
MAYOR
Approved by
ATTEST:CI~étt~ k J¿A ,< .J ~~
City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ day of ~¡.¡t: ,A.D. 20 04 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said 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. 04 - /10 ~ , adopted by the City Council on the ,,;1- day
-.It.! A)£ ,2004 and that the said Ernest W. Lehman and
Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary
act and deed of said corporation, by it and by them voluntarily executed.
'S.""'~"" ' r~
ppdrehab'-.rel Notary Public in and for Johnson County, Iowa
-""f' SONDRAE FORT
~ Commission Number 159791
. . My -2mmission Expires
ow ..- -0
-....,.--. ....--..-- ~_.~._.._._-"_...----_._-_.._._.__._.-.,._.._- ---------
iVh '" ~
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB04-00013)
RESOLUTION NO. 04-164
RESOLUTION APPROVING FINAL PLAT OF SANDHILL ESTATES, PART 2, IOWA CITY, IOWA.
WHEREAS, the owner, SG&M Properties, L.L.C., filed with the City Clerk the final plat of Sandhill
Estates, Part 2, 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:
Commencing at the Southwest Corner of Section 23, Township 79 North, Range
West, of the Fifth Principal Meridian; Thence N87°45'25"E; along the South Line of
Southwest Quarter of said Section 23, a distance of 879.60 feet, to the Point of
Beginning; Thence N02°14'35"W, 187.17 feet, Thence N87°45'25"E, 18.9 feet;
Thence N02°14'35"W, 394.02 feet; Thence N87°45'25"E, 356.23 feet, to a Point on
the West Line of South Pointe Addition Part 3, in accordance with the Plat thereof
Recorded in Plat Book 33, at Page 312, of the Records of the Johnson County
Recorder's Office; Thence S01°06'53"E, along said West Line and the West Line of
South Pointe Addition Part 2, in accordance with the Plat thereof Recorded in Plat
Book 33, at Page 312, of the Records of the Johnson County Recorder's Office,
581.31 feet, to the Southwest Corner thereof, and a Point on the South Line of said
Southwest Quàrter; Thence S87°45'25"W, along said South Line, 363.72 feet, to the
Point of Beginning. Said Tract of land contains 4.75 acres, more or less, 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
(2003) 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, 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.
~......- -.--..-- --.--....-. .~....,- . _._.,------~._--- --'--'--'--'~~'--'-'--"'- .__._~-_.---- _.'.~._-._--
Resolution No. ...illb164
Page 2
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 1 s t day of June ,20....QL.
P tA/. 4'd~.
AYOR ~
Approved by
ATTEST: ~t'Á~) k. ~AA...J k~ 1;:-~ rl'~"¡"f-
CI LERK ~Ity Attorney s Office
It was moved by o I Donne 11 and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
ppdadmin\res\sanbdhillpart2.doc
-+...---......-.-...---...- --_... + .-......."----"".---.-----.....-.-------- - .-.......-
5=y
STAFF REPORT
To: Planning & Zoning Commission Prepared by: John Yapp
Item: SUB04-00013, Sand Hill Estates, Part 2 Date: April 15, 2004
GENERAL INFORMATION:
Applicant: Southgate Development
755 Mormon Trek Blvd.
Iowa City, IA 52246
337-4195
Applicant's Engineer: Joe Holland
300 Brewery Square
Iowa City, IA 52240
354-0331
MMS Consultants Inc.
1917 S. Gilbert St.
Iowa City, IA 52240
351-8282
Requested Action: Final plat approval
Purpose: A 21-lot residential subdivision
Location: West of the existing terminus of
Langenberg Avenue
Size: 4.75 acres
Existing Land Use and Zoning: Undeveloped; OSA-5
Surrounding Land Use and Zoning: North: Undeveloped; OSA-5
South: Undeveloped; County A1
East: Residential; RS-8
West: Undeveloped; OSA-5
Comprehensive Plan: The South District Plan identifies this area
as predominantly single-family residential.
File Date: May 13, 2004
45-Day Limitation Period: June 27, 2004
60-Day Limitation Period: July 12, 2004
BACKGROUND INFORMATION:
The preliminary plat of Sand Hill Estates, a 379-lot, 146.48-acre preliminary plat was approved in
February 2004. The Applicant, Southgate Development, has applied for a final plat Sandhill
Estates Part 2, a 4.75 acre, 21-lot residential subdivision, located at the western terminus of
Langenberg Avenue, west of the South point subdivision.
-..".....,_..... -- ----,..~ --.-, .__._.~_._._--_.. +.-_._.-_.._..._+..~_.~._--_..._- . .,----,._-
2
ANALYSIS:
Conformance with Preliminary Plat: The final plat is in general conformance with the
preliminary plat. The subdivision consists of 21 single-family residential lots and a new street, Keel
Boat Loop, a 22-foot wide loop street on the north side of Langenberg Avenue. The preliminary
plat includes as alley behind Lots 73-77; this alley is included as part of the construction plans for
Sandhili Estates Part 2. The alley is not included on the final plat due to these lots being sold to
another developer (the alley is not being sold). Lots 73-77 will have access to this future aliey.
Planned Development Variations: When the preliminary plat and OPDH plan were approved,
several variations to the low-density, single-family standards were also approved, including
permitting lots to be less than 8,000 square feet in size and less than 60 feet in width. When the
City Council approved the OPDH plan, they added a condition that requires a 25-foot setback for
lots less than 60' in width. This condition will apply to most of the lots in Sandhili Estates Part 2.
The OPDH plan also included some streets less than the standard 28-foot wide street, including
Keel Boat Loop, a 22-foot wide loop street. Because of it's narrower width, a note on the plat
indicates that Keel Boat Loop will be signed as 'No Parking.'
Storm Water Management: This property drains partly to the north to a basin to be constructed,
and partly to the east to the stormwater basin in Southpointe subdivision. The basin to the north is
depicted on the preliminary plat, and is part of the construction plans. Easement plats wili be
created for this basin.
Water Main Extension Fee: Fees of $395 per acre are required for the water main extension fee.
Sanitary Sewer Tap-On Fee: Fees of $1,796.50 per acre are required for the portion of this
property which is part of the defined South Sycamore Trunk Tap-on Fee District.
STAFF RECOMMENDATION:
Staff recommends that SUB04-00013, a final plat of Sand Hill Estates, Part 2 a 4.75-acre, 21-lot,
single-family residential subdivision, located at the western terminus of Langenberg Avenue, be
approved subject to staff approval of legal papers and construction plans, prior to Council
consideration.
Approved by: /?~~~?,
Robert Miklo, Senior Planner,
Department of Planning and Community Development
ATTACHMENTS:
1. Location Map
2. Final Plat
U:\subdivisions\Sand Hill 2.DOC
- - .---....-.-,.- . _.._.____.________.u__..
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SITE LOCATION: Langenburg Ave. to Keel Boat Loop SUB04-00013
4.75AC
FINAL PLAT
SANDHILL ESTATES - PART TWO,
__~'.n~-.." , ,." ,. IOWA CITY, IOWA
LEGEND AND NOTES PI.AT PR~ARJ:D RY' 0DEIt. ~IIRDMn~R- ATl'DRNRY·
-+- _ _ IIYS CONSULTAJnS INC. SG 6: iii PROPKRTIC! u.c SOUTHGATE DEVELOPMENT .JOE HOLLAND
t : - =: IlCUT_ UI11 SOUTH CILBERT ST. 756 MORIION TREK BLVD 756 WHIlOM TREK BLVD 300 BREWERY sqUARE
. : ~ ~-;:a''=- IOWA cm, IOWA, 52240 lOW" CITY, 10\ 52248 IOW,\ CITY, II. 52246 IOWA CITY, 10\ 52240
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.._ :::~==..-=-.....IIEIII Development. 0 su.....y was mOå under my IlUpenIi,ion 010 Portion of the .....
I ... . " . --------- -~PØ,_..__ South_t Ouort.. of the South_t o..orl.. of Section 23, Town"'" 1st North, ! I
....1tMI. fill' ---------1;1-------- : =:;~- - - Range 6 Wetil. of the Filth Principal MerldlOf'l, Iowa City, Johnson County, .. It. 0
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__-.....__...,._ Ccmm_inIJ at the $auth_t Com.. or Seelion 2J, T_..¡p 7!i1 North, Ronge 6 a i !!
EIIIDI CJ a.c&IIE IS LESS 11M 1 fOOT II æ.aoD f'EIT West, of the filth Pr;"CÕfXlI Meridian: Thence NBT45'25"E, oIonç the South Iii ~oð
~,e or Soul~~t Quort.. or said ,~tion 2J. 0 distonce or 879.60 ,'"~' to the ~
, NOtE: ItE£L lOA' LOCI' SIYIU. I[ SIOI[D AS 'NO pMliClfC' Poont 01 Seigonnonlj; Thence NDT\435 W, 187.17 r..t: Thence N8T4525 E, 11S.liJ J '5
I . reel: Thence NDT\4'J5-w, 394,02 IHI: Th."ce N874,'25-E, J:a6.2J f..I, to 0 ..I=!i
OUTLOT "F Point on the ...t Line of South Pointe Addition Port J, in oc:cordonc:e with the III r:!
'=..::""...:".-=-~:':"- Plot th..eof Recorded in Plot Book JJ, ot POCje J12, of the Recordll 01 the U 8" ;i.
'.'" '" - .,Iohn_ Count, Record..'1I Office; Th."ct¡ S011M5'5J-[, oIanç (lid West Line. 'I
! ond the "'t Line 01 South Pointe Addition Port 2, in occonIance .nth the Plat J - ,
thllteol RKDrIied in Plot Book JJ, ot P09II J12. 01 the Records or the John... ~.
· I County Recorder'lI Office, 581.J1 ,"to to the South_t Cor.... t...-.or. ond 0 á
Point on Ihe South line 01 said South_t Ouorter; Thertce 58r45·25"W. oIon;
II '71 70 ~ lIoid South Une. 36J.72 ,..t. to the Point of Beginninç . Said Troct or lond 0'
"...,.. "..... '" I § contoins 4.75 ocr.., more or I.... ond is IlUbject to eosernents ond
i ~., 'E rntrictiontolrecord. ~
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Prepared by: Mitchel T. Behr, Assl. City Attorney, 410 E. Washington 51., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 04-165
RESOLUTION AUTHORIZING THE ACQUISITION OF PERMANENT AND
TEMPORARY EASEMENTS FOR THE CLEAR CREEK TRAIL PROJECT,
AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
DOCUMENTATION OF THE SAME.
WHEREAS, it is in the public interest to acquire from the University of Iowa a 20-foot wide, .78
acre permanent easement, and a surrounding 50-foot wide temporary easement for extension of
the Clear Creek Bike Trail from its current terminus at Prairie Meadow Drive to Melrose Avenue;
and
WHEREAS, the University has agreed to grant said easements and maintain the trail after it is
constructed, in exchange for the City's construction of the trail in accordance with plans approved
by the University; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Acquisition of a 20-foot wide, .78 acre permanent easement, and a surrounding 50-foot
wide temporary easement from the University of IOwa for extension of the Clear Creek
Bike Trail from its current terminus at Prairie Meadow Drive to Melrose Avenue is hereby
approved and authorized.
2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to
attest any and all documentation necessary to effectuate the acquisition of the easements
pursuant to the terms as approved herein.
Passed and approved this 1st day of JUn; , 20 04 /
~ --~ W. ~ I -
YO
Appr ved by
ATTEST: ~.M'~'¡¿ ~Á1) ~/'Vtf(J'+
CITY LERK
Resolution No. 04-165
Page 2
It was moved by Vanderhoef and seconded by Ba il ey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
",'~' ....- . - --.--.,--_. -'~--- ..- .----..---.----. .----_._._,_.._._~._--_.._---,..._.._..._.~_.. ,.---.'.--
CLEAR CREEK
t"\·, (:, r::w
Prepared by: Daniel Scott, Project Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144_
RESOLUTION NO. 04-166
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
CLEAR CREEK TRAIL 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 1 0:30 a.m. on the 22"" day of June, 2004,
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 6th day
of July, 2004, 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,
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 1st day of June 20 04
,
&~-~~, *¿- -
AYOR
Approved by
ATTEST: 7J.¡~ k. ~~ ~ f:=~ >1Z--"7/~
Ity A orney's Office
CITY ERK
pweng\reslclearcreekappp&s.doc 5/04
- --..... -~---- >,·.·_."..__»_,··.._.e_·
Resolution No. 04-166
Page 2
It was moved by Vanderhoef and seconded by o I Donne 11 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
- .-"--,..--..- .-'--..--....-----------...- ---_._.._-~--_."._- -....-.."
~ /1;',"' . c:w
I'
Prepared by: Marilyn Kriz, Parks and Recreation, 220 S. Gilbert, Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. 04-167
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF
CONTRACT, ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
BENTON HILL PARK DEVELOPMENT, 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 CITY 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% 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 City Hall, until 2:00 p.m. on the 29th day of June, 2004,
or at a later date as determined by the Director of Parks and Recreation or designee,
with notice of said later date to be published as required by law. Thereafter the bids will
be opened by the Parks and Recreation Director or 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 City Hall (in Emma J. Harvat Hall), Iowa City, Iowa, at 7:00 p.m. on the 6th
day of July, 2004 or at such later time and place as may be fixed.
Passed and approved this 1st day of June ,20ci.
,£e-/w. ~£.
AY R
Approved by
ATTEST:C~~~RK~ k. )¿AA.J ~'<~ >lu-IO<f-
City A torney' . ffice
parksrec/reSlbenton hill constr.doc
,., ,- -.--.....-...---'-.... _ __.,._.n_.'__ _.~.~__··~'_.m_'_·_ -...---'.- .._---~_.-
Resolution No. 04-167
Page 2
It was moved by O'Donnell and seconded by Ell i ott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
x O'Donnell
X Vanderhoef
X Wilburn
- --_..__._.._------~~-_.....__._----~
M,(~ c:w
Prepared by: Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232
RESOLUTION NO. 04-168
RESOLUTION APPROVING THE CALL TO ARTISTS FOR THE ART
COMPONENT OF THE BENTON HILL PARK PROJECT
WHEREAS, the Iowa City Public Art Program Acquisition Procedures provide for City Council
consideration of each "Call to Artists"; and
WHEREAS, the Benton Hill Park Concept Plan inciudes an entryway to the park with an art
component; and
WHEREAS, the Parks and Recreation Commission and the Miller-Benton Neighborhood
Association have approved said Concept Plan; and
WHEREAS, the Public Art Advisory Committee, as part of their neighborhood art strategy,
approved at their meeting of May 20, 2004 a "Call to Artists" for an artistically designed and
executed entry to the Benton Hill Park.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Call to Artists attached hereto for the public art component of the Benton Hill Park Project is
hereby approved.
Passed and approved this 1st day of June ,20~.
£--~~ ;;µ.¿. F
AYOR
ATTEST:~~R~ k. ~~t-J A~L ÜhL S"- ~S- -IJ 'I
City Attorney's Office
It was moved by Bailey and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
ppddirJres/benthmprk-art. doc
~""'--'--"'---'---'-"'-'-"---'----"-~--
The Public Art Program
of the City of Iowa City CALL TO ARTISTS
was established in
September 1997. The
intention of the Public Art
Program is to enhance . .
public spaces, promote
Iowa City as a cultural
center, and build Iowa
City's image as a vital
place to live and work.
This will be accomplished
by the integration and
placement of art in public
projects and places. The
Public Art Program is
supported by a specific
allocation of $50,000 of
public funds per fiscal
year. A Public Art
Advisory Committee has
been appointed to assist
in the development and
management of this
program.
The mission of the Public
Art Advisory Committee,
as stewards of the City of
Iowa City, is to enhance
the appearance of the
city through the selection
and integration of art in
a public environment.
2004 Membership:
Barbara Camillo
Chuck Felling
Rick Fosse
James Hemsley
Mark Seabold
Terry Trueblood
Emily Carter-Walsh
. .
-_.._~------
Iowa City Public Art Program
Benton Hill Park Project
Background and Site Description
Benton Hill Park is an approximately four acre park in the heart of a west side Iowa City
neighborhood. The park is long-awaited by neighboring residents who have had a
primary role in determining its function and design. The park will focus on young
families, with an area for pre-schoolers and a discovery play area for elementary
school-aged children. Almost two acres of the park will be devoted to preserving a
meadow, enhancing wildlife habitat, and providing nature trails.
The entry to the park is at the corner of two intersecting streets, Benton Street and Miller
Avenue, one of which is a two-lane east-west arterial. The entry way will traverse a 10'
wide paved walk and mark the end of a 4' high vinyl-coated chainlink fence that will
parallel the arterial street
The entry should include the name of the park-"Benton Hill Park"-and be an inviting
notice of the park's entrance. Materials should be durable and able to withstand the
vagaries of Iowa's weather. The entryway should not be climbable and should avoid
sharp or pointed features below six feet from grade. The entryway should be at least 14'
wide and have no less than 10' clearance in height from the walkway.
The artist will be responsible for designing, fabricating and installing the entire entryway.
(See reverse side for map of park proposal.)
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Call
The Public Art Advisory Committee of the City of Iowa City is issuing a call for an Iowa
artist to design, fabricate and install an artistic entryway to a neighborhood park.
Project Parameters
· The artist will be responsible for conception, design, fabrication and installation of the
public art. Employment of a team of artists or subcontractors will be at the artist's
discretion, but must stay within the prescribed budget for the project.
· The artist will be expected to work in coordination with the general contractor on the
project.
· Materials used should be durable and able to withstand exposure to weather and wind
loads. Low to no maintenance materials are preferred.
· Design should be appropriate for the Benton Hill Neighborhood Park.
· The finished entry design should be safe for an environment that will be used by
children and should not encourage climbing.
Project Budget
Approximately $30,000 including design, fabrication and installation.
Project Timeline
Design fabrication and installation completed by Nov. 1,2004.
Selection Process
Submitted materials will be reviewed by the Public Art Advisory Committee at their meet-
ing on July 1, 2004.
Deadline for Receipt of Materials:
Wednesday, June 30, 2004 by 5:00 P.M.
Submission Materials
A Artists should submit ten (10) collated sets of printed submission materials,
organized in the specific order as described below.
1. A letter of interest (one page maximum) including any background information
that would support the artist's qualifications for this project.
2. Resume including education, exhibits, honors, and galleries.
3. A description of any similar projects completed with references. Images may
be provided as one copy of up to ten (10) 35 mm slides. Digital images may be
sent to the email address noted below; digital images are preferred. Digital images
may also be provided on a zip disc or CD. Images of similar projects or related
work are encouraged.
B. All materials submitted will become property of the Iowa City Public Art Advisory
Committee.
SUBMISSIONS MUST BE RECEIVED BY 5:00 P.M.
Wednesday, June 30, 2004
SEND TO: KARIN FRANKLIN, DIRECTOR
PLANNING & COMMUNITY DEVELOPMENT
CITY OF IOWA CITY
410 EAST WASHINGTON STREET
10WACITY,IOWA 52240
QUESTIONS: (319)356-5232
email: karin-franklin@iowa-city.org
ppddirfpagelbentonhillcall.p65
lv-:, ., Uï:]
11
Prepared by: Mitchel T. Behr, Assl. City Attorney, 410 E. Washington 51., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 04-169
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR
VARIOUS PURCHASES IN ACCORDANCE WITH THE ANNUAL OPERATING BUDGET,
CONTRACTS FOR PUBLIC IMPROVEMENTS INVOLVING THE CONSTRUCTION,
RECONSTRUCTION, IMPROVEMENT OR REPAIR OR MAINTENANCE OF A HIGHWAY,
BRIDGE OR CULVERT WHEN THE ESTIMATED TOTAL COST TO THE CITY DOES NOT
EXCEED $50,000, CONTRACTS FOR OTHER PUBLIC IMPROVEMENTS WHEN THE
ESTIMATED TOTAL COST TO THE CITY DOES NOT EXCEED $25,000, AND CONTRACTS
FOR PROFESSIONAL SERVICES WHEN THE TOTAL COST OF SUCH SERVICES DOES
NOT EXCEED $50,000.
WHEREAS, pursuant to Resolution No. 96-180, adopted and approved June 11, 1996, the City
Council authorized the City Manager to initiate and execute, without City Council approval and in
accordance with the Annual Operating Budget, contracts for and purchases of commodities,
operating services and capital outlay, public improvement contracts where the total estimated
amount does not exceed twenty-five thousand dollars ($25,000), and contracts for professional
services (e.g. engineering, architect) where the total estimated amount does not exceed fifty
thousand dollars ($50,000); and
WHEREAS, said resolution was based in part on state law requirements that cities publicly
advertise and let for bid all public improvement contracts where the total estimated cost exceeded
twenty-five thousand dollars ($25,000); and
WHEREAS, state law has been amended, and now requires cities to publicly advertise and let for
bid public improvement contracts involving the construction, reconstruction, improvement, or
repair or maintenance of a highway, bridge, or culvert only if the estimated total cost of the
contract is in excess of fifty thousand dollars ($50,000).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Resolution No. 96-180 should be and the same is hereby rescinded.
2. The City Manager is hereby authorized to initiate and execute, without City Council
approval, the following contracts in accordance with the annual operating budget as
approved by the City Council:
a. Purchases of commodities, operating services, and capital outlay.
b. Public improvement contracts involving the construction, reconstruction, improvement,
or repair or maintenance of a highway, bridge, or culvert where the estimated total cost
of the contract was does not exceed fifty thousand dollars ($50,000), and other public
improvement contracts where the total estimated amount does not exceed twenty-five
thousand dollars ($25,000).
Resolution No. 04-1f>Q
Page 2
3. In addition to those items approved during the budget process, the City Manager is hereby
authorized to initiate and execute, without City Council approval, contracts for professional
services (e.g. engineering, architect) where the total estimated amount does not exceed
fifty thousand dollars ($50,000).
Passed and approved this 1st dayo:&. ,20 04¿
~-~~. ~ "
AYOR
Approved by
ATTEST: ~u~ _, -=> [~'1A J ~ ~ ~~~;b'7-
CITY LERK City Attorney's Office
.... ..- -.,. _u....____·_.......__._______.____ _ _____ ______
Resolution No. 04-169
Page 3
It was moved by Champion and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Ì'Å--¡ Co WW
Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington SI., Iowa City, IA 52240 (319)356-5149
RESOLUTION NO. 04-170
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE 2004 PCC PAVEMENT REHABILITATION PROJECT
- DODGE STREET.
WHEREAS, All American Concrete, Inc. of West Liberty, Iowa, has submitted the lowest
responsible bid of $113,881.50 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to All
American Concrete, Inc., subject to the condition that awardee secure adequate
perfonmance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 1st day of l]une ,20 04
¿../ ~ ~L.~
AYOR
ATTEST: ~"".-..J k ~AA~ A~y Ó:r./ ¿~(t11¡
(3¡ty Attorn~ce
ClERK
It was moved by O'Donnell and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
pweng/res/2004pccpavedodgest. doc
9/99
----- ____ .......---__.____n_ __ __ ___.._____n___________ _ .____ - _..__._~.._-.._-_.._-_. ----.-.-...-
I~
,
ADVERTISEMENT FOR BIDS
2004 PCC PAVEMENT REHABILITATION
PROJECT-DODGE STREET
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 25th day of May, 2004, 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. Sealed proposals will be opened immediately
thereafter by the City Engineer or designee. Bids
submitted by fax machine shall not be deemed a
"sealed bid" for purposes of this Project. Pro-
posals will be acted upon by the City Council at a
meeting to be held in the Emma J. Harvat Hall at
7:00 P.M. on the 1st day of June, 2004, or at
such later time and place as may be scheduled.
The Project will involve the following:
495 SY PCC Full-depth patching, 126 SF
PCC partial depth patching, 6535 SY diamond
grinding, 9000 linear feet of joint & crack,
cleaning sealing and related work.
All work is to be done in strict compliance with
the plans and specifications prepared by the City
of Iowa City Engineering Division, which have
heretofore been approved by the City Council, and
are on file for public examination in the Office of
the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in
a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a surety
in the State of Iowa, in the sum of 10% of the bid.
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
lOW A, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
of the City Council's award of the contract and
post bond satisfactory to the City ensuring the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to the
provisions of this notice and the other contract
documents. Bid bonds of the lowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days following award
of the contract, or until rejection is made. Other
bid bonds will be returned after the canvass and
tabulation of bids is completed and reported to the
City Council.
The successful bidder will be required to furnish
a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to
AF-1
-_... ........-..' .......--. --_.__._~ --<-
be issued by a responsible surety approved by the
City, and shall guarantee the prompt payment of
all materials and labor, and also protect and save
harmless the City from all claims and damages of
any kind caused directly or indirectly by the
operation of the contract, and shall also guarantee
the maintenance of the improvement for a period
of two (2) year(s) from and after its completion
and formal acceptance by the City Council.
The following limitations shall apply to this
Project:
Work Days: 30 days
Late Start Date: July 6, 2004
Liquidated Damages: $200/day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifications
and form of proposal blanks may be secured at
the Office of the City Engineer of Iowa City, Iowa,
by bona fide bidders.
A $10 non-refundable fee is required for each set
of plans and specifications provided to bidders or
other interested persons. The fee shall be in the
form of a check, made payable to the
TREASURER OF THE CITY OF IOWA CiTY,
IOWA.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of
minority contractors can be obtained from the
Iowa Department of Economic Development at
(515) 242-4721 and the Iowa Department of
Transportation Contracts Office at (515) 239-
1422.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts.
By virtue of statutory authority, preference must
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
quired under Iowa Statutes. The Iowa reciprocal
resident bidder preference law applies to this
Project.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARIAN K. KARR, CITY CLERK
AF-2
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