HomeMy WebLinkAbout1996-07-16 ResolutionRESOLUTION NO, 96-205
RESOLUTION OF INTENT TO CONVEY A FOUR FOOT WIDE TRACT OF LAND
IAT LEAST 1500 SQUARE FEET) FROIVl THE NORTHERLY PORTION OF
SHAMROCK PLACE APARTMENTS, 3501-3560 SHAIV1ROCK PLACE, IOWA
CITY, IOWA, TO THE COURT HILL OWNERS ASSOCIATION
WHEREAS, the City Council has considered a proposal from the Court Hill Owners Association
to purchase a four foot wide tract of land (at least 1500 square feet) from the northern
portion of Shamrock Place Apartments; and
WHEREAS, the Court Hill Owners Association owns the tract of land directly adjacent to the
northerly portion of Shamrock Place Apartments; and
WHEREAS, the Court Hill Owners Association must acquire an additional 1500 square feet
of land adjacent to their current tract to comply with applicable zoning regulations fcr the
number of dwelling units on their tract of land; and
WHEREAS, the Court Hill Owners Association has offered to purchase the four foot wide tract
of land from the northerly portion of Shamrock Place Apartments for $2,600.00, with the
Public Housing Authority retaining a recreational/access easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
The City Council does hereby declare its intent to convey its interest in the following
described property to the Court Hill Owners Association for the sum of $2,600, with
the City retaining a recreational/access easement for the use of said tract of land as
a play area for the tenants and guests of the Shamrock Place Apartments:
A four foot wide tract of land (at least 1500 square feet) from the
northerly portion of the tract of land commencing at the Northwest
Corner of Section 18, Township 79 North, Range 5 West of the 5th
Principal Meridian; Thence S 00043'39" E, along the West line of the
Northwest Quarter of said Section 18, 35.00 feet; thence N
88°30'13"E, 5.00 feet; thence S 89°28'11 ' E, 445.11 feet; thence S
00043'39" E, 280.07 feet; thence N 89°28'11" W, 445.11 feet;
thence N 00 °43'39" W, 280.07 feet to the point of the beginning, also
known as 3501-3560 Shamrock Place.
A public hearing on said proposal should be and is hereby set for August 6, 1996,~.t
7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Stree~
Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice oT
public hearing to be published as provided by law.
Resolution No. 96-205
Page 2
Passed and approved this ]6th day of
July ,1996.
ATTEST:
CITY'CLERK
Approved by:
City Attorney's Office
Resolution No. 96-205
Page 3
It was moved by Norton and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X .
X.
Kubby
ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
RESOLUTION NO. 96-206
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the following
described locations upon his filing an epplication, having endorsed thereon the certificates of
the proper city officials as to having complied with all regulations and ordinances, and having
a valid beer, liquor, or wine license/permit, to wit:
SOhO'S
6:20
Maxie's
1210 Highland Court
620 S. Madison Street
1920 Keokuk Street
It was moved by Norton and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS:
--X
X
X
X
X
X
X
Passed and approved this
16TH day of July
Kubby
ABSENT:
that the Resolution
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
,1996 ·
ATTEST:
CITY CLERK
MA'~OR ~,/
Approved by
'~orne¥'s Office
\danceprm.res
Prepared by: Liz Osborne, Program Assistant, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 96-207
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TWO SUBORDINATION AGREEMENTS BETWEEN THE
CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION
FOR PROPERTY LOCATED AT 109 SOUTH JOHNSON STREET, IOWA CITY,
IOWA.
WHEREAS, the City of Iowa City is the owner and holder of certain Promissory Notes and
Mortgages executed by the owner of 109 South Johnson Street on July 23. 1993 and October
4, 1994 and recorded in Book 1596, Pages 284 through 295 and Book 1837 Pages 167 through
173 in the Johnson County Recorder's Office covering the following described real estate:
The South Eighty-five (85) feet of Lot One (1) of Block Forty-one (41) of Iowa City, Iowa,
as shown by the recorded plat thereof.
WHEREAS, the City's lien totals $6311.00; and
WHEREAS, on June 13, 1996, the University of Iowa Community Credit Union, Iowa City, Iowa
loaned the sum of $50,000 to the owner of 109 South Johnson Street and the loan was secured
by a mortgage covering the real estate described above; and
WHEREAS, the University of Iowa Community Credit Union was induced to make said loan in
anticipation of an agreement by the City to subordinate its liens to the Credit Union's liens; and
WHEREAS, University of Iowa Community Credit Union has requested that the City execute the
attached subordination agreements thereby making the City's liens subordinate to the lien of said
mortgage to University of Iowa Community Credit Union; and
WHEREAS, there is sufficient value in the above described real estate to secure the City's liens
as a second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF IOWA CITY,
IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached subordina-
tion agreements between the City of Iowa City and the University of Iowa Community Credit
Union, Iowa City, Iowa.
Passed and approved this :[6th day of ~lu].y ,1996.
ATTEST: C~R~K
City Attorney's Office
Resolution No. 96-207
Page. 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
the UNIVERSITY 0F IOWA COMMUNITY CREDIT of IOWA CITY, TOWk
herein the Financial Institution. UNI ON
WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is
in the amount of $ ~£'740.nn a~d was executed by PAt. f~LA S. MICHAUD, SINGLE
(herein the Owner), dated JULY 23, , 1993 , recorded
AUGUST 9 19 93, in Book 1596, Page 291 * Johnson County
Recorder's Office, covering the following-described real property:
SOUTH 85 FEET OF LOT/IN BLOCK 41 IN IOWA CITY, IOWA
ACCORDING TO THE RECORDED PLAT THEREOF,
*As evidenced by a promissory note also dated July 23, 1993,
recorded on August 9, 1993, In Book 1596, Page 288, Johnson
County Recorder's Office
WHEREAS, the Financial Institution proposes to loan the sum of $ 50,000.00 on a
promissory note to be executed by the Financial Institution and the Owner, securing a mortgage
covering th{~ real property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
rehabilitation loan held by the City be subordinated to the lien of the mortgage proposed to be
made by the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted rehabilitation loan held by the City Is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act
of subordination herein.
Senior Mortgage. The mortgage in favor of the Financial Institution Is hereby
acknowledged as a lien superior to the rehabilitation loan of the City.
SUBORDINATION AGREEMENT
Page 2
Blndlng Effect. This agreement shall be btndlng upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this 3rd day of Ju.ly ,19 96
CITY OF IOWA CITY
Attest:
Mayor
FINANCIAL INSTITUTION
'-~a'hara De---~-~z First Vice President
BYI, a'r..r._F Fo%li~taln Assisfan~t Vi~rees~d(
City Clerk
CITY'S ACKNOWLEDGEMENT
Clty Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this / ~ "/-~ day of ..~.,~
Public In and for the State of Iowa',
,199f., before me, the undersigned, a Notary
personally appeared ~,-,.c,, t /,]b,.,;,-./< and
Marian K. Kerr, to me personally known, and, who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument Is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained In
.(O.r.d~mace) (Resolution) No. ~6 - Zo'7 passed (the Resolution adopted) by the C!ty Council,
under Roll Call No. of the City Council on the /4, ~ day of
~J,.,,,-~ ,19~/. ,andthat ~cc~,,-,~; ~ A.~c,v',cF-~ andUarlanK.
Karr ackdbwledged the execution of the Instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by It voluntarily executed,
Notary Public In and for the State of Iowa
STATE OF IOWA
JOHNSON COUNTY
On this 3rd day of
undersigned, a Notary
Sandra Deetz
)
) SS:
)
July ,A.D. 19 96 , before me, the
Public tn and for the State of Iowa, personally appeared
and Larry Founta:l.n , to me personally known, who
SUBORDINATION AGREEMENT
Page 3 ·
belng by me duly sworn, did say that they are the ~,~,-,~ vj,-,o P,"eeic3e-~-. and
Ass t stant; V'lce ]?res -1 dent;, respectively, of said coq3oratlon executing the within and foregoing
Instrument to which this Is attached, that said Instrument was slgned and sealed on behalf of
said corporation by authority of Its Board of Directore; and that the saidF:l. rst; V:l. ce Pres~.dent',
andAesP. st;ant; Vice P:es:l. denas 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, ..
Nota~
ngng~ubtdn~l~lm
/Z'~ ~theState flo'~-wa' ·
Public In~'nd for ~ -
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
th~ UNIVERSITY OF IOWA COMMUNITY CREDIT of ~owa CTT¥, TOWA
herein the Financial Institution. ONION
WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time ls
in the amount of $ 57~ .nn and was executed by PAHET,A S. H_TCRAUD, SINGLE
(herein the Owner), dated OCTOBER 4 , 1994 , recorded
NOVEMBER 18 , 1994 , in Book 1837., Page 167, Johnson County
Recorder's Office, covedng the following-described real property:
THE SOUTH EIGHTY-FIVE (85) FEET OF LOT ONE (1) OF
BLOCK FORTY-ONE (41) OF IOWA CITY, IOWA AS SHOWN BY
IH[ RECORDED PLAT THEREOF.
WHEREAS, the Financial Institution proposes to loan the sum of $ 50,000.00 on a
promissory note to be executed by the Financial Institution and the Owner, securing a mortgage
covering thi~ real property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it ls necessary that the
rehabilitation loan held by the City be subordinated to the lien of the mortgage proposed to be
made by the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted rehabilitation loan held by the City is and shall continue to be subject and
subordinate to the lien o! the mortgage about to be made by the Financial Institution.
Conslderatlon. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act
of subordination herein.
Senior Mortgage. The mortgage in favor of the Financial Institution Is hereby
acknowledged as a lien superior to the rehabilitation loan of the City.
SUBORDINATION AGREEMENT
Page 2
51riding Effect. This agreement shall be blndlng upon and inure to the benefit of the
respective heirs, legal representstires, successors, and assigns of the parties hereto.
Dated this 3]:8 day of July ,19 96
CITY OF IOWA CITY
FINANCIAL INSTITUTION
Attest:
Mayor
CITYS ACKNOWLEDGEMENT
City Attorney's Ofltce
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On thls,_/_~ day of ..1 ~... ,199~, before me, the %nderslgned a Notary
Pub ic m and for the State of Iow~ personally appeared /Q~,>~; J /,qo o; ~/,... and
Marian K, Karr, to me personally known, and, who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the coq3oration, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
(Oralimitate) (Resolution) No, 9'b- Zo ? passed (the Resolution adopted) by the. ~lty Council,
under Roll Call No, - of the City Council on the f~. ""- day of
J~,.,~ ,19 ?¢ ,andthat ,,0~,.: .~. ~,~,~-.~_~ andMarlanK.
Karr acl{nowledged the execution of the Instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public tn and for the State of Iowa
STATE OF IOWA
JOHNSON COUNTY
On this, 3re] day of
unclereigned, a Notary
Sand]:a Deet:z
)
) SS:
)
July , A.D. 19 96 ., before me, the
Public in and for the State of Iowa, personally appeared
and Larry Fountain , to me personally known, who
SUBORDINATION AGREEMENT
Page 3 ·
being by me duly sworn, did say that they are the Fir,~t v'~,',e pr~-I,~r~. and
Assist. ant Vice Presf. clent,mspectlvely, ofsaidcorporatlonexecut~ngthewlthlnandforegoing
instrument to which thle Is attached, that said instrument was signed and sealed on behalf of
said corporation by authority of Its Board of Directors; and that the sald?trst. Vice Prestclen~.
andAssistant Vice Presiden~ such officers acknowledgsd the
~(~c~io6 of said Instrument to be the voluntary act and deed of said corporation, by It and by
them voluntarily executed.
Notanj PubIllTh and for the State of Iowa7 ',o .
Prepared by: Sarah E. Holecek, Asst. City Arty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO. 96-208
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CiTY CLERK TO
ATTEST A STORMWATER MANAGEMENT EASEMENT AGREEMENT BETWEEN
WEST SIDE PARK AND PARK WEST SUBDIVISION CONCERNING STORMWATER
MANAGEMENT OBLIGATIONS FOR PARK WEST SUBDIVISION, PART ONE, IOWA
CITY, IOWA, AND A DRAINAGE FACILITY EASEMENT AGREEMENT BETWEEN
WEST SIDE PARK AND THE CITY OF IOWA CITY FOR THE INSTALLATION AND
MAINTENANCE OF A DRAINAGE STRUCTURE TO FACILITATE THE USE OF THE
WEST SIDE PARK STORMWATER MANAGEMENT FACILITY BY TY-N-CAE
SUBDIVISION.
WHEREAS, on July 2, 1996, the City Council approved an Amended Escrow Agreement
between the City and West Side Park Subdivision which required the Developers of West Side
Park to grant those easements necessary to facilitate the use of the existing Stormwater
Detention Basin within West Side Park by Park West Subdivision and by a portion of Ty-N-Cae
Subdivision; and
WHEREAS, it is in the public interest to preserve valuable parkland in the area and to allow the
existing stormwater detention facilities in the area to be used by surrounding developments for
purposes of stormwater management; and
WHEREAS, the attached Stormwater Detention Facility Easement Agreements permit the
Developers of Park West Subdivision and Ty-N-Cae Subdivision to utilize the existing
stormwater management basin within West Side Pai'k Subdivision.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
It is in the public interest to execute the attached' Stormwater Detention Facility
Easement Agreements to permit the Developers of Park West Subdivision and Ty-N-
Cae Subdivision to utilize the existing stormwater management basin within West Side
Park Subdivision.
The Mayor is hereby authorized to execute and the City Clerk to attest the attached
Stormwater Detention Facility Easement Agreements.
The City Clerk is authorized to certify and record a copy of this Resolution, along with
the attached Stormwater Detention Facility Easement Agreements, in the Office of the
Johnson County Recorder at the expense of Smith-Moreland Properties.
Resolution No. 96-208
Page 2
It was moved by Norton and seconded by
be adopted, and upon roll call there were:
Kubby the Resolution
AYES: NAYS: ABSENT:
Passed and approved this 16th day of July
Baker
Kubby
Lehman
Norton
Novick
Thomberry
Vanderhoef
, 1996.
ATTEST: CI~ ~ ~
STORMWATER DETENTION FACILITY EASEMENT AGREEMENT
THIS AGREEMENT is made by and between Park West Subdivision,
Inc., an Iowa Corporation (hereinafter referred to as "Park
West"); Smith-Moreland Properties, an Iowa General Partnership
(hereinafter referred to as "S-M"); and the City of Iowa City,
Iowa, a Municipal Corporation (hereinafter referred to as "the
City").
IT IS HEREBY AGREED AS FOLLOWS:
For the sum of one dollar and other valuable consideration,
receipt of which is hereby acknowledged, S-M hereby grants and
conveys to Park West an easement for the purpose of using and op-
erating existing stormwater control facilities and storage areas
otherwise known as a "StormWater and Management Basin" over and
across the areas designated as "Stormwater Detention Basin Ease-
ment" on the following-described real estate located in Johnson
County, Iowa:
Lots 12, 13 and 14 of West Bide Park Addition, Iowa
City, Iowa, according to the plat thereof recorded in
Plat Book 24, at Page 45, of the Records of the
Johnson County Rscorder's office.
S-M further grants Park West the right to use and operate
said easement areas for stormwater management only, and for no
other purpose.
Neither S-M nor Park West shall erect or construct any
building, fence or other structures in said easement area, plant
any trees, drill or operate any well on said easement area; or
construct any obstructions on said easement area.
S~M and its successors and interests and assigns shall main-
tain the easement areas from weeds and debris. S-M agrees that
it shall not fill or permit the Stormwater Control Facilities to
be filled in, and furthermore, S-M and its successors and inter-
ests and assigns agrees to maintain its land so as to minimize
erosion in and around said easement areas.
S-M covenants with Park West and City that it is lawfully
seized and possessed of the real estate described above, and that
it has good and lawful right to convey it or any part thereof.
It is further agreed that S-M, and its successors and inter-
ests and assigns, shall maintain the existing facilities and
easement areas in such condition as to facilitate the proper
functioning of said facilities. The maintenance shall include
maintaining and mowing the groundcover over the areas adjacent to
the basin and keeping the basin and conduits free of debris. The
City shall have no obligation for maintenance of the facilities
2137 em 125
2
or the easement areas. However, the city shall have the right,
but not the obligation to enforce the terms of this agreement and
to perform emergency maintenance upon the facilities at S-M's
cost without notice.
In consideration of this agreement, pursuant to the Amended
Escrow Agreement between Park West Subdivision Inc. and the City
of Iowa City, Iowa, concerning stormwater management obligations
for Park West Subdivision Parts I-IV, the City agrees to return
to Park West $60,000.00 of the previously placed Escrow and that
the remaining Escrow shall be retained by the City to cover the
costs of improvement to the existing West Side Park Stormwater
Detention Facility necessitated by the use of said facility by
Park West, as set forth hereinabove.
This Agreement shall inure to the benefit of and bind the
successors and assigns of the respective parties hereto, and all
covenants shall apply to and run with the land and with the title
to the land.
DATED this 16th day of July , 1996.
CITY OF IOWA CITY, IOWA
Attest:
· Karr, City Clerk
By:
We Kroeger, ~'
President & Secretary
By:
By:
SMITH-MOREL/uND PROPERTIES,
jC. e~neIn~a~~ Gen~ral Partn~ersh~iprx
Sahdra a. ~oreland
General Partner
"' 2187 126
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this I G~l day of
undersigned, a Notary Public
, 1996, befo.re me, the
'~nd for said County, in said
State, personally appeared Naomi J. Novick 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 foregoing instrument; that the seal af-
fixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal
corporation by authority of City council of said municipal corpo-
ration; and that Naomi J. Novick and Marian K. Karr acknowledged
the execution of said instrument to be the voluntary act and deed
of said munichpal corporation and by them voluntarily executed.
Notary Public
State of Iowa
in and for the
) ss:
JOHNSON COUNTY )
O.n this /O day of , 1996, before me, the
undersigned, a Notary Publl.~/in ahd for the State of Iowa, per-
sonally appeared Gene Kroeg~r, to me personally known, who being
by me duly sworn did say that he is the president and secretary
of the corporation executing the within and foregoing instrument,
that no seal has been procured by the corporation; that said in-
strument was signed on behalf of the corporation by authority of
its Board of Directors; and that Gene Kroeger as officer acknowl-
edged the execution of the foregoing instrument to be the volun-
tary act and deed of the corporati~. } it and by him voluntar-
ily executed. .
~._.]~o~ry Public in a~ for the
State of Iowa
"' 2137 127
STATE OF IOWA )
)
.On this _~ day of ~ , 1996, before me, the un-
dersigned, a Ndtary Public in andNor the state, personally ap-
peared John W. Moreland, Jr. and ~ndra J. Moreland, to me per-
sonally known, who being by me duly sworn, did say that the per-
sons are the partners of Smith-Moreland Properties, an Iowa Gen-
eral Partnership, and that the instrument was signed on behalf of
the partnership by authority of the partners; and the partners
acknowledged the execution of the instrument to be the voluntary
act and deed of the partnership by it and by the partners volun-
tarily executed.
N~tary Publid in and/~or
State of I~a
the
q~Vn k~nk4'G7aO385.rst
STORMWATER DETENTION FACILITY EASEMENT AGREEMENT
THIS AGREEMENT is made by and between Smith-Moreland
Properties, an Iowa General Partnership (hereinafter referred to
as "S-M"); and the City of Iowa City, Iowa, a Municipal
Corporation (hereinafter referred to as "the City").
IT IS HEREBY AGREED AS FOLLOWS:
For the sum of one dollar and other valuable consideration,
receipt of which is hereby acknowledged, S-M hereby grants and
conveys to the City an easement for the purpose of using and op-
erating existing stormwater control facilities and storage areas
otherwise known as a "Storm Water and Management Basin" over and
across the areas designated as "Stormwater Detention Basin Ease-
ment" on the following-described real estate located in Johnson
County, Iowa:
Lots 12, 13 a~d 14 of West Side Park Addition, Iowa
City, Iowa, according to the plat thersof recorded in
Plat Book 24, at Page 45, of the Records of the
Johnson County Recorder's Office,
S-M further grants to the City the right to use and operate
said easement areas for stormwater management only, and for no
other purpose.
Neither SoM nor the City shall erect or construct any build-
ing, fence or other structures in said easement area, plant any
trees, drill or operate any well on said easement area; or con-
struct any obstructions on said easement area.
S-M and its successors and interests and assigns shall main-
tain the easement areas from weeds and debris. S-M agrees that
it shall not fill or permit the Stormwater Control Facilities to
be filled in, and furthermore, S-M and its successors and inter-
ests and assigns agrees to maintain its land so as to minimize
erosion in and around said easement areas.
S-M covenants with the City that it is lawfully seized and
possessed of the real estate described above, and that it has
good and lawful right to convey it or any part thereof.
It is further agreed that S-M, and its successors and inter-
ests and assigns, shall maintain the existing facilities and
easement areas in such condition as to facilitate the proper
functioning of said facilities. The maintenance shall include
maintaining and mowing the groundcover over the areas adjacent to
the basin and keeping the basin and conduits free of debris. The
City shall have no obligation for maintenance of the facilities
or the easement areas. However, the City shall have the right,
2137 129
but not the obligation to enforce the terms of this agreement and
to perform emergency maintenance upon the facilities at S-M's
cost without notice.
This Agreement shall inure to the benefit of and bind the
successors and assigns of the respective parties hereto, and all
covenants shall apply to and run with the land and with the title
to the land.
DATED this/~~
COR?ORA]'E SEAL
CITY OF IOWA CITY, IOWA
NaOmi J~N~vlck, Mayor
r By
By:
Attest:
City Clerk
$MITH-MOREI~AND PROPERTIES,
an Iowa General Paztne~sh~p
By: J~hn W. Moreland, Jr.
G~ne.~al Part~er ~ .
Sandra J. M~eland
General Partner
STATE OF IOWA )
) SS:
JOHNSON COUNTY ).
,.
On this ~ day of . u3~ , 1996, befo.re me, the
undersigned, a Notary Public l~ and for said County, ~n said
State, personally appeared Naomi J. Novick 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 foregoing instrument; that the seal af-
fixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal
',':. 2137 130
3
corporation by authority of City council of said municipal corpo-
ration; and that Naomi J. Novick and Marian K. Karr acknowledged
the execution of said instrument to be the voluntary act and deed
of said municipal corporation and by them voluntarily executed.
State of Iowa
STATE OF IOWA )
)
JOHNSON COUNTY )
SS:
dersigned, a ~otary Public in and for the state, personally ap-
peared John W. Moreland, Jr. and Sandra J. Moreland, to me per-
sonally known, who being by me duly sworn, did say that the per-
sons are the partners of Smith-Moreland Properties, an Iowa Gen-
eral Partnership, and that the instrument was signed on behalf of
the partnership by authority of the partners; and the partners
acknowledged the execution of the instrument to be the voluntary
act and deed of the partnership by it and by the partners volun-
tarily executed.
/~RP_10,1~
N6~ary Public in and for the
State of Iowa
q:~rnk'~n~4~37aO536.nst
Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa Cib/, IA 319-356-5143
RESOLUTION NO. 96-209
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A PORTION OF A STORMWATER DRAINAGE
EASEMENT LOCATED ON LOT 56 OF PARK VIEW TERRACE SUBDIVISION, IOWA
CITY, IOWA
WHEREAS, the City of iowa City currently possesses an eight foot (8') stormwater drainage easement
on Lot 56 of Park View Terrace Subdivision, Iowa City, Iowa; and
WHEREAS, the east three-foot (3') of the easement is not in use, and plans for further development of
the lot by the property owner call for a structure to be placed over the easement; and
WHEREAS, release of the east three-foot (3') of the easement will enable the property owners to fully
utilize the area encumbered by this section of the easement, with no adverse impact on the City's
interests; and
WHEREAS, Public Works has recommended release of the east three-foot (3') of the easement; and
WHEREAS, it is in the public interest for title purposes to formally release the east three-foot (3') of the
drainage easement on the subject property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The City Council finds it is in the public interest to release the east three-foot (3') of the
stormwater drainage easement on Lot 56 of Park View Terrace Subdivision, Iowa City, Iowa. To
this end, the City of Iowa City does hereby abandon, release and relinquish all right, title and
interest in the east three-foot (3') of the stormwater drainage easement.
The Mayor is hereby authorized to sign, and the City Clerk to attest, a release of three-foot (3')
of said easement, which release is attached hereto.
The City Clerk is hereby authorized and directed to certify a copy of this Resolution for
recordation in the Johnson County Recorder's Office together with the attached release, said
recording costs to be paid by the owner of Lot 56, Park View Terrace Subdivision.
Passed and approved this 16th
ATTEST: Ci LERK
day of July , 1996.
MAYOR
Approve. d by ~
Resolution No, 96-209
Page 2
It was moved by ~ Norton and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
Kubby
ABSENT:
the Resolution be
Baker
Kubb¥
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Rick Fosse. City Engineer. 410 E. Washington St.. Iowa City. IA 319-356-5143
RELEASE OF STORMWATER D!:~AINAGE EASEMENT
The City of Iowa City, Iowa, does hereby release the east three-foot (3') of the existing eight-
foot (8') stormwater drainage easement located on Lot 56, Park View Terrace Subdivision, Iowa
City, Iowa, as more particularly described in the plat of survey marked Exhibit A which is
attached hereto and incorporated by reference herein.
The City retains the west five-foot (5') stormwater drainage easement of the existing eight-foot
(8') easement and all other easements shown on the final plat of Park View Terrace Subdivi-
sion, Iowa City, Iowa not released by this document.
c Ty or ow^
I~aomi~. No~k, Mayor
Attest: .~ ~ ~
Marian K. Karr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this .,% . day of M~y, 1996 before me, the undersigned, a Notary Public in nd for
said County, in said State, personally appeared Naomi J. Novick and Madan K. Karr, to me
personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk,
respectively of said municipal corporation executing the foregoing instrument; that the seal
affixed thereto is the seal of said municipal corporation; that said instrument was signed and
sealed on behalf of said municipal corporation by authority of City council of said municipal
corporation; and that the Naomi J. Novick and Marian K. Karr acknowledged the execution of
said instrument to be the voluntary act and deed of said municipal corporation and by them
voluntarily executed.
Notary Public in and for the State of iowa
pweng~parkwew. wrne
EXHIBIT "A"
V1
EXISTING
HOUSE
I H~.REB¥ CERllFy 1HAT THIS PLAT. MAP. SURVEY OR
REP~T WAS PREPARED BY ME. OR UNDER ~Y OiRECT
SUPER~510~. ANO THAT I AM A OULY REGISTEREO
SIGNED BEFORE ME ~IS~ DAY OF.~~' ~(- ,19~/~'
LEGEND AND NnTE$
[~RE~ 9r Q_D~l,,6t[ iS L[~ I1[~i I ;'GOT IN ~O,CC~
MANOR
DRIVE
--~ N87'46' J1'£
i/
EXISTING
HOUSE
N88'48'00' W
MY REG~STRAfIO.N EXPIRES, DECEMBER 3~.
SIONED BEFORE U£ IHIS~ DAY OF ~".l~L .lg~'
LEF2EN~ AN[} NUTES
EASEMENT VACATION
56, Park View Terrace
W
£
I
Prepared by: Steven Nasby, Assoc. PIsnner, 41 0 E. Washington St., Iowa City IA 52240 (319)356-5248
RESOLUTION NO. 96-210
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND THE IOWA STATE DEPART[VIENT OF ECONOIVIIC DEVELOPMENT
FOR IOWA EMERGENCY SHELTER GRANTS PROGRAIVi FUNDING, AND
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST
THE SAME,
WHEREAS, the State of Iowa has created the Iowa 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 Iowa
Emergency Shelter Grants Program funding in the amount of $63,580 available to the City of
Iowa City for the support of the Domestic Violence Intervention Program, the Emergency
Housing Project, Hawkeye Area Community Action Program, Greater Iowa City Housing
Fellowship, and Youth Homes, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA C'T'r',
IOWA THAT:
The Agreement for Iowa Emergency Shelter Grants Program funding 196-ES-006), a
copy of which is attached hereto, is hereby approved.
The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement
for Iowa Emergency Grants Program funding.
The City Manager is hereby authorized to execute all necessary documents required
by the Iowa Department of Economic Development for the administration of these
funds.
Passed and approved this 16th day of July , 1996.
City Attorney's Office
jccoghs~resolutn~agt-~ded.res
Resolution No.96-210
Page 2
It was moved by Nor~;on and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
Kubb.¥
ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
IOWA DEPARTMENT OF ECONOMIC DEVELGPMENT
EMERGENCY SHELTER GRANT PROGRAM CONTRACT SUMMARY SB-~.~T
PROGRAM: Emergency Shelter Grants Program
CONTRACT NUMBER: 96-ES-006
EFFECTIVE DATE:
EXPIRATION DATE:
July 1.1996
June 30. 1997
CONTRACT PREPARED BY: Steve Deeds
PHONE #: 242-485[
I. Grantee
The Honorable Naomi Noviek
Mayor. Ci~ oflowa City
410 East Washington Street
Iowa City. Iowa 52240
II. Grant Amount
$ 63,580.00
III. Budget Summary
Federal _$ 63,580.00
Local $ 63,580,00
Other $ 0,00
Total $127.160,00
IV. Summary of Contract Activities
To assist the Domestic Violence Intervention Progratrt with insurance expenses (not to exceed
$4,000 in ESGP funds), utilities expenses (not to exceed $12,000 in ESGP funds), and emergency
payments to near homeless individuals (not to exceed $3,000 in ESGP funds).
To assist the Emergency Housing Project with the cost ofa salm3t for an Early Bird Director (not
to exceed $3,000 in ESGP funds).
To assist the Greater Iowa City. ~ Fellowship with the cost of emergency payments to near
homeless individuals (not to exceed $5,000 in ESGP funds).
To assist HACAP - Johnson County with utility expenses (not to exceed $6,000 in ESGP funds) and
other normal operating expenses (not to exceed $6,000 in ESGP funds).
To assist Youth Homes. Inc. with the costs of a Youth Counselor position (not to exceed $7,800 in
ESGP funds), insurance expenses (not to exceed $7,800 in ESGP funds), and utility expenses (not
to exceed $6,000 in ESGP funds).
To assist the .~i[y ~low~ C[iX with the costs associated with the administration of this contract
(not to exceed $3,180 in ESGP funds).
I & 2.
3.
4.
5.
ESGP CONTRACT VARIABLES
ESGP CONTRACT NO. - -~
AWArD DATE
AWARD AMOUNT
Grantee Name
Start Date:
End Date:
Written Amount
Numerical Amt.
July 1, 1996
$ 63,580,00
C$~Y of IOWa City
the 1_~ day of ~ulv, 1996
June 30, 1997
s~xty-three thousand five h~dred and o~ghty
~ ~3,580.00
Special Condition for Article 5.2: (Check if desired)
__ APPROVAL OF PRIOR COSTS
, ~, HOWLESS PRE~ION - 180 DAYS
SUBRECIPIENT AGREEMENT for Activity(ies) X
Additional Conditions to be placed at the end of Article 6.0:
__ DNR: the __system improvements in Activity __
HANDICAP ACCESSIBILITY of the __
__ DEPT. OF HE/LLTH of the __ facility
__ FUNDING NOTIFICATION for
from
for activity # __
11-12 Insert insurance requirement (8.1) and default clause (9.1) X
14
20.
21.
22.
dollars
YES; __NO
Attachment B dated: ~5 Attachment C dated: /13 Application
DATE: Ju~e 7~ 1996 16/DATE: 195 DATE: January 13, 1996
GRANTEE NAME
SIGNATOR TITLE
GR/%NTEE ADDRESS
Naom~ NQviok
MayoF, City of Iowa City
410 East Washington Street
Iow~ City, Iowa 52244
IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT
EMERGENCY SHELTER GRANTS PROGRAM
GRANT CONTRACT
ESGP CONTRACT NUMBER:
AWARD DATE:
EFFECTIVE DATE:
AWARD AMOUNT:
96-ES-006
July 1, 1996
July 1, 1996
$ 63,580.00
THIS EMERGENCY SHELTER GRANTS PROGRAM ("ESGP") CONTRACT is made by and between the IOWA
DEPARTMENT OF ECONOMIC DEVELOPMENT, 200 East Grand Avenue, Des Moines, Iowa 50309 ("Department" or
"IDED") and the 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 emergency shelters for the homeless; and
WHEREAS, the Grantee submitted an application for funding to the Department and the Department has approved the
application; and
WHEREAS, in approving the application 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
contamed therein; and
WHEREAS. the Grantee has certified to the Department that the prima~ purpose for obtaining ESGP funds is to improve
the quality &existing emergency shelters for the homeless;
NOW, THEREFORE, the Grantee accepts this grant upon the terms and conditions set forth in this Contract. In
consideration of the mutual promises contained in this Contract and other good and valuable consideration, it is agreed as follows:
ARTICLE 1
DEFINITIONS
As used in this Contract, the following terms shall apply:
I. 1 p. CT. "Act" means the Stewart B. McKinney Homeless Assistance Act of 1988 as amended.
1.2 ALLOWABLE COSTS. "Allowable Costs" are those which costs which are identified on Attachment B,
Budget Summary; Attachment A, Application; and consistent with federal regulations and guidelines applicable to the ESGP
program
1.3
1.4
AWARD DATE. "Award Date" means the date on which the Department approved the ESGP participation.
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 Grant'~e fulfills the conditions and
project activities agreed to herein as of the last date specified in Article 03. I; or b) the Contract is terminated by the DeparIanent
due to any default under Article 9; or c) terminated in accordance with provisions set forth in Sections 8 and 9 of the General
Provisions, Attachment C of this Contract.
CONTRACT NUMBER 96-ES-006
PAGE 2
1.5 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.
1.6 EMERGENCY SHELTER GRANTS PROGRAM (ESGP). "Emergency Shelter Grants Program" means the
grant program authorized by the Stewart B. McKinney Homeless Assistance Act of 1988, as amended.
1.7 .GRANT. "Grant" means the award of ESGP 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 instruments or documents
executed by the Grantee or otherwise required in connection with the Contract, including the ESGP grant and a related shelter's
grant application together with any related submittal documents.
1.9 HUD. "HUD" means the U.S. Department of Housing and Urban Development.
1.10 HOMELESS. "t-1omeless" 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:
o a supervised publicly or privately operated shelter designed to provide temporary living accommodations;
m an institution that provides a temporary r~sidence for individuals intended to be instimtinnalized; or
· a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
The tenn does not include any individual imprisoned or otherwise detained pursuant to an Act of the Congress or a State Law.
I.I 1 PROJECT. "Project" means the detailed description of the work, services, and other activities to be performed
or accomplished by the Grantee as described in this Contract and the ESGP application approved by the Deparnnent.
ARTICLE 2
FUNDING
2.1 FUNDING SOURCE. The source of funding for the Grant is a federal appropriation for the Emergency Shelter
Grants Program (ESGP).
2.2 RECEIPT OF FUNDS, All payments under this Contract are subject to receipt by the Department of sufficient
federal funds for the ESGP program. Any termination, reduction or delay 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 ninety (90) days of the Conu'act Expiration Date, then the Department shall be under no
obligation for funher disbursement.
ESGP Grant Format
Revised April 28, 1995
CONTRACT NUMBER 96-ES-006
PAGE 3
ARTICLE 3
TERMS OF GRANT
3.1 TIME OF PERFORMANCE. The services of the Grantee are to commence as of the first day of July, 1996
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 June 30, 1997.
3.2 MAXIMUM PAYMENTS. It is expressly understood and agreed that the maximum amounts to be paid to the
Grantee by the Deparmlent for any item of work or service shall conform to the budget as presented in Attachment B, "Budget
Summary". 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 sixty-three thousand five hundred and eighty dollars ($63,580.00) unless
modified by written amendment of this Contract as provided in Section 1.0 of the General Provisions.
3.3 LOCAL EFFORT REQUIREMENTS.
(a) !2ash. Ifthe Grantee agrees to pmvide cash contribution tothe Project, thensuch contribution shall be
provided in accordance with the approved Budget Summary, Auachment B. Expenditures above budgeted levels necessary to
complete the statement of work and services shall be paid by local funds.
(b) In-Kind. If the grantee agrees to provide in-kind contributions to the Project, then said contribution
shall be as shown in the approved Budget Summary, Attachment B.
(c) It is expressly understood by the Grantee that should local effort not at least equal grant funds
expended, the Grantee will be required to refund the difference between the documented local effort and grant funds expended.
As part of the Payment Request/Status of Funds (specified in Article 08.1(b)), the grantee shall identify the cash and in-kind local
efforts contributed during the report period.
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 Iowa Emergency Shelter Grants
Implementation Manual, which has been distributed by IDED to the Grantee.
ARTICLE 4
PERFORMABICE TARGET ACHIEVEMENT
PERFORMANCE TARGETS. On the Contract Expiration Date, the Grantee shall have accomplished the
activities and performance targets as described in Attachment B, "Budget Summary", and as further elaborated in Attachment A,
ESGP Grant Application.
4.2 CALCULATION OF PROJECT COMPLETION. The Department has the final authority to assess whether
the Grantee has met their performance targets at the Contract Expiration Date. The Depamnent shall deterrhine completion
according to the performance targets set forth in Attachment B, "Budget Summary". The Department reserves the right to monitor
and measure at any time during the Contract term the achievement of the performance targets.
ESGP Grant Format
Revised April 28, 1995
CONTRACT NUMBER 96-ES-006
PAGE 4
ARTICLE
USE OF FUNDS
5.1 .GENERAL. The Grantee shall perform in a satisfactory and proper manner, as determined by the Department,
the work activities and services as written and described in the approved grant proposal (Attachment A) as summarized in the
Grantee's approved 1993 Emergency Shelter Grants Budget Summary (Attachment B).
5.2 EXPENDITURE OF HOMELESS PREVENTION FUNDS. The Grantee shall ensure the use and
expenditure of Contract funds for the purpose of homeless prevention within 180 days of the start of this Contract. Any funds
remaining in the budget for this purpose at~er the expiration of the 1 g0 days may be utilized for other purposes only after a formal
budget amendment to this Contract. Ifthe Grantee cannot utilize any funds remaining for other purposes, the Department may
require the amendment of this Contract to reduce the award amount by a similar amount
5.3 BUDGET REVISIONS, Budget revisions which would result in increases of budgeted line item amounts in
excess often pement (10%) or ten thousand dollars ($10,000). whichever is less, shall be subject to approval of the Department
through the contract amendment process. Budget line item decreases which would lower the Grantee's perfommce level required
under this Contract must be approved by the DeparUnent through the amendment process. In no instance shall a budget revision
result in total costs exceeding the total Contract amount. Budge: revisions shall be compatible with the terms of this Contract and
of such a nature as to qualify as an allowable cost. Budget revisions requested during the final ninety (90) days of the Contract
period will be approved by the Department only if it determines that the revisions are necessary to complete Project activities.
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 has satisfied the environmental review and release of funds requirements set forth in 24 CFR 576.52, as
summarized in the 1ow._._~a Emergency Shelter Grants Implementation Manual.
6.3 PERMITS AND LICENSES. The Depamnent reserves the right to withhold funds until the Department has
reviewed and approved all material, such as permits or licenses from other state or federal agencies, v&ich may be required prior
to project commencement.
6.4 SUBRECIPIENT AGREEMENT. The Department, prior to the release of funds for the Activity(ies), shall
recep,'e and reviev.. the subrecipient agreement behveen the grantee and approved subrecipient(s).
6.5 REVIEW OF DISABLED ACCESSIBILITY. Construction of the KEYBOARD0 shall not begin prior to
plan review and approval of disabled accessibility by the Building Code Program staffof the lowa Department of Public'Safety.
ESGP Grant Format
Revised April 28, 1995
CONTRACT NUMBER 96-ES-006
PAGE 5
ARTICLE 7
REPRESENTATIONS AND WARRANTIES OF GRANTEE
To induce the Department to make the Grant referred to in this Contract, the Grantee represents, covenants and wanants
that:
7.1 AUTHORITY, The Grantee is duly authorized and empowered to execute and deliver the Grant Contract. All
action on the Grantee's pan, such as appropriate resolution of its governing board for the execution and delivery of the Grant
Contract, has been effectively taken.
7.2 FINANCIAL INFORMATION. All financial statements and related materials concerning the Project provided
to the Department are 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 contents of the application(s) from the shelters 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 Grantee since the
date the Grantee submitted its ESGP apphcatinn to the Department.
7.4 CLAIMS AND PROCEEDINGS. There are no actions. lawsuits or proceedings pending or, to the knowledge
of the Grantee, threatened against the Grantee 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 any property involved in the
Project.
7.5 PRIOR AGREEMENTS. The Grantee has not 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 shall perform work and services derailed in the
ESGP application by the Contract Expiration Date. Shelters are required, to the maximum extent practicable, to involve homeless
individuals and families in the construction, renovation, maintenance, and operation of facilities assisted under the Emergency
Shelter Grant Program.
(b) REPORTS. The Grantee shall prepare, review and sign the requests and reports as specified below in
the form and content specified by the Department. The requests and reports shall be submitted to the Department by the 10th of
the month when due, and for final reports. within thirty (30) days after the Contract Expiration Date. The Grantee shall review all
ESGP Grant Format
Revised April 28, 1995
CONTRACT NUMBER 96-ES-006
PAGE 6
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 DUEDATE
Activity Status Report (Form 3)
10th of every month accompanying any funds request (original and one
copy)
Payment RequesffStattis of Funds (Form
10th of every month after submitting initial request (original and three
copies)
Summary Performance Report (Form 3-D)
Within 15 days of Contract completion and within 15 days of the end of a
calendar year.
Updates to the ApplicanffReipient
Disclosure Report
As needed due to changes
Audit Report
In accordance with Single Audit Act of 1984.
The Department reserves the right to requtre 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 shall maintain books, records, documents and other evidence pertaining to
all costs and expenses incurred and revenues received under this Grant Contract in sufficient detail to reflect all costs, direct and
indirect, of labor, materials, equipment, supplies, services and other costs and expenses of whatever nature, for which payment is
claimed ander this Gram Contract The Grantee 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 three (3) years beyond the date upon which
the final audit ofthe project is accepted by IDED. Records for non-expendable property acquired under this Contract shall be
retained for a three (3) year period after the final disposition of property. Records shall be retained beyond the prescribed period if
any litigation or audit is begun or ifa claim is instituted involving the grant or agreement covered by the records. In these
instances. the records shall be retained until the litigation, audit or claim has been finally resolved.
(d) ACCESS TO RECORDS/INSPECTIONS. The Grantee shall, without prior notice and at any time,
perm it 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 (i) any plans and work details pertaining to the Project, (ii) all of the Grantee's
books, records and accounts, and (iii) all other documentation or materials related to this Grant; the Grantee shall provide proper
facilities for making such examination and/or inspection.
(e) USE OF GRANT FUNDS. The Grantee shall expend funds received under the Grant only for the
purposes and activities described in this Contract and as approved by the Department.
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 shall promptly notify IDED of the initiation of any
claims, lawsuits or proceedings brought against the Grantee.
ESGP Grant Format
Revised April 28, 1995
CONTRACT NUMBER 96-ES-006
PAGE 7
(h) INDEMNIFICATION. The Grantee shall indemnify and hold harmless the Department, its officers
and employees from and against any and all losses in connection with the performance of this Contract.
(i) NOTICE TO DEPARTMENT, In the event the Grantee becomes aware of any material alteration ir~
the Project, initiation of any investigation or proceeding involving the Project, or any other similar occurrence, the Grantee shall
promptly notify the Department.
(j) CERTIFICATIONS, The Grantee certifies and assures that the Project will be conducted and
administered in compliance with all applicable federal and state laws, regulations and orders. Certain statutes are expressly made
applicable to activities assisted under the Act by the Act itself, while other laws not referred to in the Act may be applicable to
such activities by their own terms. The Grantee certifies and assures compliance with the applicable orders, laws and
implementing regulations, including but not limited to, the following:
(i) Financial Management guidelines issued by the U.S. Office of Management and Budget, OM
Circular A-I I 0 ("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 Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized
Indian Tribal Governments"), OMB Circular A-128 ("Audits of State and Local Governments") as implemented by HUD at
24 CFR Part 44, and the implementing regulations issued by HUD concerning administrative requirements found at
24 CFR Part 85.
(it) Title IV of the Stewart B. McKinney Homeless Assistance Act as amended (Public Law 100-
77) and regulations which implement this law.
(iii) Department of Housing and Urban Development regulations governing the ESGP program,
24 Code of Federal Regulations, Part 576.
(iv) Section 102 of the Department of Housing and Urban Development Reform Act of 1989
(P.L. 101-235), and implementing regulations.
(v) Title VI of the Civil Rights Act of 1964 as amended (Public Law 88-352;
42 U.S.C. 2000d et seq.); Title VIII of the Civil Rights Act of 1968 as amended (Public Law 90-284; 42 U.S.C. 3601 et seq.); the
Iowa Civil Rights Act of 1965; Iowa Executive Order #15, dated April 2, 1973, and Executive Order #34, dated July 22, 1988;
Presidential Executive Order 11063, as amended by Executive Order 12259; Presidential Executive Order 11246, as amended;
Section 504 of the Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. 794); the Age Discrimination Act of 1975 as
amended (42 U.S.C. 6101 et seq.); the Americans with Disabilities Act, as applicable, (P.L. 101-336, 42 U.S.C 12101-12213; and
related Civil Rights and Equal Opportunity statutes; and regulations which implement these laws.
(vi) Fair Housing Act, Public Law 90-284. The Public Fair Housing Act is part of Title VIII of the
Civil Rights Act of 1968 as amended (42 U.S.C. 3601 et seq.); Section 3 of the Housing and Urban Development Act of 1968 as
amended (I 2 U.S.C. 1701 u); 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 mid Community Development Act of 1974, as amended; Contract Work Hoars 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.
ESOP Grant Forma~
Revised April 28, 1995
CONTRACT NUMBER 96-ES-006
PAGE 8
(x)
implamenting regulations.
regulations.
(xi)
· Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821 - 4846), as amended, and
National Environmental Policy Act of 1969 (NEPA), as amended, and implementing
The Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.) and the Coastal Barriers
(xii)
Resources Act (16 U.S.C. 3501)
(xiii) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, (URA)(42 U.S.C. 4601) and implementing regulations;
(xiv) Hatch Act (regarding political partisan activity and federally funded activities) and
implementing regulations.
(xv) Government-wide Restriction on Lobbying Certification [Section 319 of Public Law 101-121]
and implementing regulations.
(xvi) Drug Free Workplace Act of 1988 and the regulations found at 24 CFR pan 24, subpart F.
(xvii) Adminisirative rules adopted by the Iowa Department of Economic Development, 261 lowa
Administrative Code, chapter 24.
(xviii) Financial and Program Management guidelines issued by the Iowa Department of Economic
Development: the lowa Emergency Shelter Grants Manual, the IDED Audit Guide.
(k) MAINTENANCE OF PROJECT PROPERTY AND INSURANCE. The Grantee and any
subrecipient shall maintain the Project property in good repair and condition, ordinary wea~ and tear excepted, and shall not suffer
or commit waste or damage upon the Project property. At the Department's request, the Grantee or subrecipient shah 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 G~antee shall name the Department as a mortgagee and/or an additional loss payee, as appropriate,and submit
copies of the policies to the Depm'trnanc
8.2 NEGATIVE COVENANTS, During the Grant Contract term the Grantee covenants with IDED that it shall
not, without the prior wriUan disclosure to and prior written consent of IDED, directly or indirectly:
(a) ASSIGNMENT. Assign its rights and responsibilities under this Grant Contract.
(b) ADMINISTRATION. Discontinue administration activities under the Contract.
ARTICLE 9
DEFAULT AND REMEDIE~
9 I 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 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
ESGP Grant Format
Revised April 28, 1995
CONTRACT NUMBER 96-ES-006
PAGE 9
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.
(b) NONCOMPLIANCE. If there is a failure by the Grantee to comply with any of the covenants, terms
or conditions contained in this Contract.
CONTRACT EXPIRATION DATE. If the Project, in the sole judgment of the Department, is not
completed on or before the Contract Expiration Date.
(d) MISSPENDING. lfthe Grantee expends Grant proceeds for purposes not described in the ESOP
application, this Contract, or as authorized by the Department.
(e) INSURANCE. If loss, theft, damage or destruction of any substantial portion of the property of the
Grantee occurs for which there is either no insurance coverage or for which, in the opinion of the Department, there is insufficient
insurance coverage.
9.2 NOTICE OF DEFAULT. IDED shall issue a written notice of default providing therein a fifteen (15) day
period in which the Grantee shall have an opportunity to cure, provided that cure is possible and feasible.
9.3 REMEDIES UPON DEFAULT. If, after opportunity to cure, the default remains, IDED shall have the right,
m 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 immediate repayment of up to the full amount of funds disbursed to the Grantee under this Conu'act
plus interest.
9.4 FAILURE TO MEET PERFORMANCE TARGETS. If the Grantee is determined by the Department to be
in default of this Contract due to meeting less than one hundred percent (100¥o) of its Performance Targets, the Department may
require full Grant repayment or, at its discretion. the Department may permit repayment of Grant proceeds which allows partial
credit for the performance targets which have been met, or the Department may permit other remedies that the Depm'tment
determines to be appropriate.
ARTICLE 10
INCORPORATED DOCUMENTS
10. I DOCUMENTS INCORPORATED BY REFERENCE, The Grantee shall comply with the terms and
conditions of the following documents which are hereby incorporated by reference:
1. Attachment A, "Application," dated January 13, 1996.
2. Attachment B, "Budget Summary," dated June 7, 1996.
3. Attachment C, "Ge,~eral Provisions," dated April 28, 1995.
10.2
priority shall govern:
ORDER OF PRIORITY. In the event of a conflict between documents of this contract, the following order of
1. Articles I through 11 herein.
ESOP Grant Format
Revised April 28, 1995
CONTRACT NUMBER 96-ES-006
PAGE IO
2. Attachment C, "ESGP Program General Provisions", dated April 28, 1995.
3 Attachment B, "Budget Summary", dated June 7, 1996.
5. Attachment A, "ESGP Application", dated January 13, 1996.
ARTICLE
MISCELLANEOUS
! I I LIMIT ON GRANT PROCEEDS ON HAND. The Grantee shall request Project funds only as needed and
shall not have Grant proceeds, including earned interest, on hand for a period of longer than ten (10) working days, after which
time any surplus amount shall be returned to the Department.
11 2 BINDING EFFECT. This Grant Contract shall be binding upon and shall inure to the benefit of the
Department and Grantee and their respective successors, legal representative5 and assigns. The obligations. covenants, warranties.
acknowledgements, waivers, agreements, terms. provisions and conditions of this Grant Contract shall be jointly and severally
enforceable against the parties to this Grant Contract.
11.3 SURVIVAL OF CONTRACT. If any portion of this Grant Contract is held to be invalid or unenforceable, the
remainder shall be valid and enforceable. The provisions of this Grant CanAct shall survive the execution of all instruments
herein mentioned and shall continue in full force until the project is completed as determined by the department.
11.4 GOVERNING LAW. This Grant Contract shall be interpreted in accordance with the laws of the State of
Iowa, and any action relating to the
Grant Contract shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the
Southern District of Iowa
11.5 NOTICES. Whenever this Grant Contract requires or permits any notice or written request by one parVj 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 State
Mail Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or t'.vo (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 pan of the Departrnent in exercising any right or remedy
hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by the Department shall preclude
future exercise thereof or the exercise of any other right or remedy.
11.7 LIMITATION. It is agreed by the Grantee that the Department shall not, under any circumstances, be
obligated financially under this Grant Contract except to disburse funds according to the terms of the Contract.
11.8 HEADINGS. The headings in this Grant Contract are intended solely for convenience of reference and shall be
given no effect in the constn~ction and interpretation of this Grant Contract.
I 1 9 1NTEGRAT1ON, This Grant Contract contains the entire understanding between the Grantee and the
Department and any representations that may have been made before or aRer 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.
ESGP Grant Format
Revised April 28, 1995
CONTRACT NUMBER 96-ES-006
PAGE I I
11.10 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:
DATE:
City of Iowa City
Nat~mi N6,~[ck [
Mayor, City of Iowa City
410 East Washington Street
Iowa City, Iowa 52244
IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT:
BY:
DATE:
ESGP Grant Format
Revised April 28, 1995
IOWA EMERGENCY SHELTER GRANTS PROGRAM
ATTACHMENT B
Contract Number:. 96-ES-006
Grantee: City of Iowa City
Address:
Homeless Agency(s}: (a) DV Intervtn Pgm. (b) Eme~g Hag ProJ, (c) Gtr la City Hag Folshp, {d) HACAP,
(e) Youth Homos
PROJECT DESCRIPTION
PERFOR?&ANCE TARGET
ESGP
! Amendment e
, FklRep Sgn
OTHER TOTAL
LOCAL MATCH
{~ Pmpe~y Valus
GRA.?EE ADMI~ISTRA110,: ~A_~_d..~ Roporll_ng, L.?I
TOTAL AMOUNT OF ALL FUNDS BUDGETED:
$20.020
SUBTOTAL
ISUBTOTAL
ISUBTOTAL:
$12.640
$7,800
$24.000 ',
CONTRACT NUMBER 96-E$-006
AT'fACHMENT C
EMERGENCY SHELTER GRANTS PROGRAM (ESGP) CONTRACT
GENERAL PROVISIONS
'~ABLE OF CONTENTS
10
20
30
40
50
60
70
80
9O
10.0
II0
12.0
130
140
15.0
160
170
A.MENDMENT ......................................................................... I
(a) WRITING REOUIRED ................................................................ I
(b) UNILATERAL MODIFICATION ................................................................. I
(c) IDED REVIEW ......................................................................... I
AUDIT REOUI RE,M E,¥1'S .......................................................................
COMPLIANCE WITH LAWS AND REGULATIONS .................................................. I
tINALLOWABLE COSTS ..................................................................... I
PROGRAM INCOME ............................................................. 2
INTERESTEARNED ........................................................... 2
SUSPENSION ................................................................................... 2
TERMINATION ................................................... 2
(a) FOR CAUSE ................................................... 2
(b) FOR CONVENIENCE .................................................................... 2
(c) DUE TO REDUCTION OR TERMINATION OF ESGP FUNDING ....................................... 2
PROCEDURES UPON TERMINATION ................................................... 2
(a) NOTICE ................................................................. 2
(b) RIGHTS IN PRODUCTS ........................................................ 2
(c) RETURN OF FUNDS .................................................... 2
ENFORCEMENT EXPENSES ......
INDEMNIFICATION ..
CONFLICT OF INTEREST ............................................. 3
(a) GENERAL ................................. 3
(b) PERSONS COVERED ..................................... 3
(':) CONFLICTS OF INTEREST ............................................. 3
]}SE OF DEBARRED, SUSPENDED, OR INELIGIBLE cO~rRACTORS OR SUBRECIPIENTS ............ 3
CIVIL RIGHTS .......................
(a)
(b)
(c)
(d)
(0
(g)
(h)
(i)
DISCRIMINATION IN EMPLOYMENT ........................................ 3
CONS1DERATIO~ FOR EMPLOYMENT ....................................... 4
CIVIL RIGHTS COMPLIANCE IN EMPLOY~IE.¥r ....................... 4
CERTIFICATION REGARDING GOVERNMEN'T-WIDE RESTRICTION ON LOBBYING ................ 4
PROGRAM NONDISCRIMINATION ....................................................... 5
FAIR IIOU$1NG ......................................... 5
SECTION 3 COMPLIANCE ..................................... 5
NONCOMPLIANCE WITH THE CWIL RIGHTS LAWS ........................ 5
INCLUSION IN SUBCONTRACTS ..................................................... 5
POLITICAL ACTIVITY. ...............
MINORITY AND WOMEN BUSINESS ENTERPRISES ...................................... 6
DRUG ABUSE .................... : ...................... 6
ESGP Grant Format
Revised April 28, 1995
ATTACHMENT C
GENERAL PROVISIONS
EMERGENCY SHELTER GRANTS PROGRAM (ESGP)
Appmvod April 28, 1995
1.0
20
3.0
40
50
60
70
AMENDMENT.
(a)
(b)
WRITING REOUIRED, The Contract may only be amended through written prier approval oflDED Examples of situations
where amendments are required include extensions for completion of Project activities, changes to the Project including, but not
limaed to. alteration of existing approved activities or inclusion of new activities
(c)
UNILATERAL MODIFICATION. Notxvithstanding paragraph "a" above. IDED may unilaterally modify the Contract at will
in order to accomroodate any change in the Act or any change in the interpretation of the Act or any applicable federal. state or
local laws. regulations, rules or policies. A copy of such undateral modification will be given to the Grantee as an amendment to
this Contract.
IDED REVIEW. IDED x~ill consMer x~hether an amendment request ~s so substantial as to necessaate reeva!uating IDED's
original funding decision on the Project. An amendment will be denied if it substantially alters the circumstances under t~hich
the Project funding was originally approved or if it does not meet reqmrements set forth in 261 Iowa Administrative Code,
Chapter 24
AUDIT REOUIREMENTS.
(a)
{b)
SINGLE AUDIT. The Grantee shall ensure that an audit ~s performed m accordance with the Single Autht Act of 1984 (P.L
98-502) as implemented at 24 CFR part 44, IDED's administrative rules for the ESGP program (261 Iowa Administrative Code
24). the lows Emergency Shelter Grants Program Manual and the IDED Audit Guide thstributed by IDED.
ADDITIONAL AUDIT, As a condaion of the grant to the Grantee. IDED reserves the right to require the Grantee to submit to a
post Project completion audit and reviev. in addition to the audit required above. Such an audit and review will be at the expense
of the Grantee
COMPLIANCE WITH LAWS AND REGULATIONS. The Grantee shall comply with all applicable State and federal laws, rules,
ordinances. regulalions and orders.
UNALLOWABLE COSTS. If IDED derermines at any umc, whether through monitoring. audit, closeout procedures or by other means
or process that the Grantee has expended funds x~hmh are unallowable, the Grantee will be nolified of the quastmnod costs and given an
opportunity to jush fy questionod cnsts priar to IDED's final determinatron of the d~salfuwance of costs Appeals of any determinations
will be handled in accordance with the provisions of Chapter 17A, Iowa Code. If it is IDED's final determination that costs previously
paid by the IDED are unallowable under the terms of the Contract, the expenddures ,.vdl be d~sallowed and the Grantee shall repay to
IDED any and all disallowed costs.
PROGRAM INCOME, All program ~ncomc as defined m OMB Circular A-102 and 261 Iowa Admraistrative Code, Chapter 24, shall
either be added to the Project Budget and used to further eligible Project objecti%es as defined in the Contract and the Scope of Work in
the ESGP Application for funding. Program income not used to fnrther Project objectives wdl be deducted from the total Project Budget
for the purpose of determining the amount of reimbursable costs under the Conhact. The final dispositmn of program income shall be
made by IDED
INTEREST EARNED. To the extent R can be determined that interest was earned on ESGP funds, this interest shall be returned to IDED
SUSPENSION. When the Grantee has failed to comply with the Contract. award condmons or standards, [DED may, on reasonable
nohce to the Grantee, suspend the Contract and v, ithhotd future payments. or prohibit the Grantee from incumng additional obligations of
ESGP funds Suspension may continue until the Grantee completes the corrective action as required by IDED. IDED may allow such
necessary and proper costs which the Grantee could not reasonably avoid during the period of suspension provided IDED concludes Ihat
such costs meet the provestons of HUD regulations issued pursuant to OMB Circular A-87
80 TERMINATION.
(a)
FOR CAUSE. 1DED 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
9.0
I0.0
I 1.0
ESGP General Provisions
Page 2
Revised April 28, 1995
(b)
(c)
FOR CONVENIENCE. [DED, the Gmmee 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.
DUE TO REDUCTION OR TERMINATION OF ESGP FUNDING. At the discretion of IDED, the Contract may be
terminated in whole, or in part, if there is a reduction or termination of ESGP federal grant funds to the State.
PROCEDURES UPON TERMINATION,
(a)
(b)
(c)
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 termination If there is a partial termination due to a reduction in funding, the notice will set forth the
change in funding and the changes in the approved budget. The Grantee shall not incur new obligations beyond the effective date
and shall cancel as many outstanding obligations as possible. IDED's share of noncancellable obligations which IDED
determines were properly incurred prior to notice of cancellation v, ill be allowable costs.
RIGHTS IN PRODUCTS, All finished and unfinished documents, data, reports or other material prepared by the Grantee under
the Contract shall, at IDED option, become the propert). of IDED.
RETURN OF FUNDS, The Grantee shall return to IDED all unencumbered funds within one week of recetpt of the notice of
termmmian. Any 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.
ENFORCEMENT EXPENSES, The Grantee shall pay upon demand any and all reasonable fees and expenses of the Departmeat,
including the fees and expenses of their attorneys. experIs and agents, in connection with the exercise or enforcement of any of the rights
of the Department under this Contract
INDEMNIFICATION. The Grantee shall indemnify and hold harmless the Department, its officers and employees, from and against any
and all losses, acerrang or resulting from any and all claims subcontractors, laborers and any other person, firm or coq~oration furnishing
or supplying work, services, materials or supplies in connection with the performance of this Contract, and from any and aft claims and
losses accruing or resulting to any person, firm or corporanon v, ho may be injured or damaged by the Grantee in the performance of this
Contract
12 0 CONFLICT OF INTEREST,
13.0
140
(a)
GENERAL. Except for the use of ESGP funds to pay salaries and other related administrative or personnel costs, no persons
identified m paragraph "b" below v, ho exercise or have exercised any functions or responsibilities with respect to ESGP assisted
achvitles or who are in a position to partm~pate in a decisionmaking process or gain inside information with regard ta such
activrties, may obtain a personal or financial interest or benefit from a ESGP assisted activity, or have an interest in any contract,
anbcont;act or agreement with respect thereto. or the proceeds thereunder, etther for themselves or those with whom they have
family or business ties, daring their tenure or for one year thereafter.
(b)
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 &any designated public agencies, or subrecipients which
are receiving ESGP funds
(c)
CONFLICTS OF INTEREST. Chapter 68B, Code of Iowa, the "Iowa Public Officials Act", shall be adhered to by the
Grantee, its officials and employees
USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS OR SUBRECIPIENTS, ESGP funds shall not be used
d~rect{y or indirectly to employ, award contracts to. or othep, vtse engage the service of. or fund any contractor or subrecipient durmg any
period of debarment, suspension, or placement in ineligible status under the provisions of 24 CFR Part 24 or any apphcable law or
regulation of the Department of Labor.
CIVIL RIGHTS.
(a)
DISCRIMINATION 1N EMPLOYMENT, The Grantee shall not discriminate against any qualified employee or applicant for
employment because of race, color. religion, sex, national origin, age, or physical or mental disability. The Grantee may take
affirmative action to ensure that applicants are employed and that employess are treated without regard to their race, color,
rehgion, sex, national angin, age, or disability. Such action shall include but may not be hmited to the following' employment.
upgrading, demotmn or transfers; recruitment or recruitment advertrsing; [ay-offor termination; rates of pay or other forms of
ESGP General Provisions
Page 3
Revised April 28, 1995
compensatmn; and selection for training. including an apprenticeship. The Grantee agrees to post notices scrt~ng 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 emp!oyment without regard to race,
color, religion, sex, national origin. age. or disability.
Solicitation and Advertisement - The Grantee shall list all suitable employment openings ~n the State Employment Service local
offices
(c)
CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. The Grantee shall comply with all relevant provisions of the Iowa
C~vil Rights Act of 1965 as amended, Iowa Executive Order 15. Federal Executive Order 11246, as amended; Title VI of the
U.S. Civil Rights Act of 1964 as amended (42 U S.C. Section 2000d et seq.). the Fmr Labor Standards Act (29 U.S.C. Section
201 et seq.). the Americans with Disabilities Act, as applicable, (P L 101-336. 42 US.C. 12101-12213. Section 504 of the
Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. Section 794), and the Age Discrimination Act of 1975 as amended
(42 U S.C. Section 6101 ct seq ). The Grantee will furnish all information and reports requested by the State of lowa or required
by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State of Iowa
to investigate compbancc with these mlas and regulations
(d)
CERTIFICATION REGARDING GOVERNMENT-WIDE RESTRICTION ON LOBBYING. The Grantee certifies. to the
best of his or her know!edge and belief. that:
No Federal appropriated funds have been paid or will be paid. by or on behalf of the Grantee. to any person for
rafluencing or attempting :o 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.
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 agenc). 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 S:andard Form-LLL. "Disclosure Form to Report Federal Lobbying" m accordance
x~ith its instruction
iii.
The Grantee shall require lhat 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 anbrecspients shall certify and thsclose accordingly.
This certification ~s a material representation of fact upon which reliance was placed '.,,hen this transaction was made or entered
into Subm]ssmnofthiscertificafionlsaprarequisitefor makingorenteringintothistransactran~mposadbysectian 1352, trtle
31. U.S. Code Any person x~ ho falls to file the raquirad certification shall be subject to a civil penalty of not leas than $10.000
and not more than $100.000 for each such failure
(e)
PROGRAM NONDISCRIMINATION. The Grantee shall conform with requirements of T~tle VI of the Civil Rights Act of
1964 (42 U S C 2000d el seq.) and HUD regulations issued pursuant thereto contained in 24 CFR Part I. No person in the
United States shall on the basts of race. color. national oftgin. sex or religion or rehgtoas affdiation be excluded from
participation in, be alereed the benefits of, or be subjected to discrimination under any program or activity funded in whole or in
pan 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 provisions of the Americans with Disabihties Act
(P.L. 101-336, 42 U.S C. 12101-12213) with respect to an othenvise qualified individual with a disability, and as also provided
m Section 504 of the Vocational Rehabilitation Act of 1973 (29 U S.C. Section 794), shall also apply to any such program or
acti'.i~y.
(0
FAIR HOUSING. The Grantee shall comply with Title Vlll of the Civil Rights Act of 1968 (42 U.S.C 3601 et scq ), generally
known as the Fmr lionsing Act. and ~th HUD regulations found at 24 CFR Part 107. ~ssued in comphance with Federal
Executive Order 11063, as amended by Federal Executive Order 12259.
(g)
SECTION 3 COMPLIANCE, The Grantee shall comply wrth provisions for training. cmp!oyment, and contracting in
accordance with Sectran 3 of the Housing and Urban Development Act of 1968 02 U.S.C. 1701u).
15.0
16.0
17.0
ESGP General Provisions
Page 4
Revised April 28, 1995
th)
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 afurcsaid rules, regulations, or requests, this contract may be
canceled, terminated, or suspended either wholly or in pan. In addition, the State of Iowa may take further action, imposing
other sanctions and invoking additional remedies as provided by th, e Iowa Civil Rights Act of 1965 (Chapter 601A, ,Cede o_f
Iowa) or as otherwise provided by law.
(i)
INCLUSION IN SUBCONTRACTS. The Grantee will include the provisions of the preceding palagraphs of Section 14 in
every subcontract unless exempt by the State oflowa, and said provisions will be binding on each subcontractor. The Grantee
will take such action with respect to any subcontract as the State of Iowa may direct as a means of enforcing such provisions
including sanctions for noncompliance. In the event the Grantee becomes involved in or is threatened by litigation with a
subcontractor or vendor as a result of such direction by the State of Iowa, the Grantee may request the State of Iowa to enter into
such litigation to protect the interests of the State of Iowa.
POLITICAL ACTWITY, No portion of program funds shall be used for any panissn political activity or to further the election or defeat
of any candidate for public office. Neither the program not 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 pelitical activities in contravention of The Hatch Act (5
U.S.C. 15).
MINORITY AND WOMEN BUSINESS ENTERPRISES, The Grantee shall comply with the requiremenls 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 pan.
DRUG ABUSE, The Grantee will comply with the requirements of the Anti-Drag Abuse Act of 1988 (P. L. 100-690) The Grantee will
administer, in good faith, policies designed to ensure that the assisted homeless facility is flee from illegal use, possession, or distribution
of drags or alcohol by its beneficiaries.
1§1§24248§§ P, 02
PR00RAM:
CONTI~,CT NUMBER:
EFFECTI'VE DATE:
EXPIRATION DATE:
, Shelter G~I~ Proem
CONTRACT PREPARED BY: ~
PHONE #: 2~
M~vo~-~ Ci~ of
H, C-x~t Amount $ 63
Budgot 8umma~
other/
Tot~
/
J 6~.580,00
$
JUL-11-96 THU t5:16 IR Ds~l o[ [conoaic Der, F~ NO, 15152424859 ?,03
~ of Contract Acti~i.e4
$4,000 m ESOP funds), u~.'tie~ e.x~ns~ (not to exceed $12,00~ in ESOP funds),
paymona to near homel~se mdivifah (not to exexed $3,000 ~ ESOP furlds).
To assist tho Emcrgen~ Hg_t~lg~ ~ wi~ the cost of~for an Early Bird Din~ctor (not
to oxceed $3,000 in ESOP funds).
To ~st the ~i
homel~s h3div~duals
~$t of emergency paymont~ to ne~tr
To a~iat HACAP-
other normal operating exp~ns~s I
, ot to exceed $6,000 m ESOP f~ds) 0gd
To assist Youtl~ Ho _nt.e~ with the c
ESGP funds), inmn'ancc expenses
to oxce~d $5,000 in ESOP funds).
position (not to sxcced $7,800 in
imds), aad utilt~ expenses (not
To assist
(not to excwai
with the ~mlnis~zatlon of this contract
JULH1-96 THU rS:t8
F~X NO, 15152424859
P, 04
1&2.
AWARD DA~Z
Grantee Name _¢l~v o~ Io~ City_
Date:
8~ecial Condition
30,
~hop_e~md ~va ht~d~e~ a~d eigh~v~_ dolla~a
/
$.2: (Check if
-- . A~P~0VAL OF
180 DAYS
Add/tional Conditione to be
__ DN'R: t:/-.e _.,sya=em '
-~- hL%NDZCAl~ACC~SSIgI~iTy
o~
of Ar~£cle
__ D~PT. OF HEALTH of the
FUNDING NOTIFICATION
fro~
for
At~achmen~ a dated: / 3.5 Attaohment C
DATE: i~une 7._~9]~16} DATB:
~IGNATOR TITS/ ~o~.
22. ~ ~D~SS .&%O ~a~ W~sh~n~o~
clause (9,1) .~_
13 Application
DATE: J~n~, 13, 1996
JUL-11-98 THU 15:16
De t of Econonit Der,
NO. 15152424859
P, 05
IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT
EMERGENCY SHELTER GRANTS PROGRAM
ESGp COPtTRAcT NUMBER:
AWARD DATE:
EFFECyiVE DATE:
CONTRACT
_$qIy 1, 1996. ....
AWARD AMOUNT; Ju~y !, 199.6
~ ~.63.S80.00 .
'H-IIS EMERGIENCy SblELTER GRANTS PROG~
DEPAR~T OF
"~ED") ~d ~ C~ ~Iowa Ci~
WHEREAS, t~c D~pntt~nt is designated to re~ive
WHEREAS, the Dep~Iment des/~es to disburse/Fant f~nds I
ofexist/~$ cmcr§e~cy ~hcltcm for t~u homelea~; ~d
, and bew'~en th~ IOWA
, D~ ("l~part'mene' or
and
eligible purpose~ to improve the quality
WHEREAS, the Grantee mbmkted an application for
application; and
Depmmtmt and 0ac Depm'm~ent has ~pproved the
WHEREAS, in approving the application the Depanmen~
activities; management ~nd rmnclal condillon of the Ontotee; in
contain~ therein; and
propped Project
other material informalion
WHEREAs, ~hc Grantee h~s certified
· e quality of existing emergency shelters for the
he
ESGP funds is to improve
NOW, TI~FORE, tile (]i'anlg¢ the tenals RIld e
comide~tion of~e mutual ~mi~ ~ntaiu~ ~, ~er good ~C
/
/
/
DEFINIT~ON~
~ used in ~ Con~ ~c ~Jlow~g tc~s ~a~ apply:
l.I ~ "A~' m~ S~ ~. McRInn~y H0mel~s ~sNrance ~ 1988 ~ men~
1.2 .~WABL~ ~.~ 'allo~ble ~' n~ ~0~ *hich co~ whkh
Budget Su~, A~c~t A, 6~pli~on; and ca~M~t wl~ ~eml ~lations md ~
1.3 fiWARD DA~E, A~ D~e" m~s ~ ~ on which ~e
~ in th5 Contz~t. I~
k is ~greed ~ follows:
e identifl~ on Amichm~r B,
the
~ the Contract cea.,,cs to b~ M
1.4 CO._I~iTJ~td~CT ]~XPIRATIO~]}ATE_. "CooltaCt Expiration Date" m~ ~e
fo~ ~ c~. ~ CO~ e~ upon ~c o~n~ o~one ~ ~ollowing: ~) ~o Gintee
md
~j~t acdvitl~ a~ ~ h~ln ~ of~ I~ &~ s~[fl~ ~ ~clc 03. I; or b) ~o ~n~t ~ ~Ma~ by 8J~ ~t
due m ~y de~ult ~d~ A~cle 9; ~ c) ~a~ M acco~ wi~ provlsio~ set fo~ ~ Sc~o~ 8 ~d 9 of~ G~U~
~ov~lo~, A~c~ont C of~ ~u~
JUL-11-06 ~U 15:17
[R DepL of Econoale Day.
FRX NO, 15152424859
P, 08
CONTEACT NUN~E~ 96.ES.006
PAG£ 2
/
1,3 EF~E~ DAT~ "Eff~t~vc ~te" mea~s ~e d~t~ upo~ ~kh ~c so. ices o~e G~a~an ~ m b~ ~d
upon which e~le
1.5
g~t pmg~ au~o~ by ~e 5~ B. Mc~m~ey Homcl~z A~ Act of ~988~ ~d~.
1.8
note,% leases, assignments, roeriga§es,
grant applkadon together with
"Grant Cantra.--f',
referred to in the
:r insre,merits ot docum~ts
the ESGP grant and a related shelters
1.9 HUD. "HUD" means the
Development.
1.1O ItOMELE,e~ "Homeless" means
residence; or an individual or family who has a
, who lacks a fixed, regular, and adequate nighttime
supervised publicly or
to provide temporary living accommodations;
· an in~dnnioo zha~ provides a {empara,c,
individuals mt~:nded to bc institutionalizod; or
public or privme place no~ designed for, or ~
used as, a regular sleephg accommodation for human beings.
The tcn'n do~s not iuclud~ any individual imprisoned
t detained pursuant to an Act of the Congress or a State Law.
1.11 .PROJECT. "Project" mea~s the,
or accomplinh~ by the Grantee as described in fi
, services, and other e~'dvitios to ba performed
£SGP application approved by hhe Department.
2.1 ~UN1DING The soure~ of funding for the Or~n~is a federal appropriation for the Emcrgeacy Shalt~
O~ ~m ~SGP).
22 RECEI~ { ~ All ~cn~ ~dor ~h Conifer arc ~ubje~ to recci~ by ~ Dcp~ent ofs~clant
f~eml ~ for ~e ESGP pn ' te~in~o~ ~duction or delay of E~n~ to ~e Dep~e~ ~hall, a~ ~e option of
~e Dep~nL ~t ~ ~e t~ ~duc{{on or delay of~GP ~ to ~e O~{me.
of ~s Con~.
2.4 DI~BU~DF L~T~AN ~E ~ AW~D~MOU~. lf~e ~ a~ ~o~ h~ not
been ~u~ by ~e ~ wl~ ~e~ (~) days of~e Con~ ~p~tion DataVal ~e Dop~{ shall be ~r ~o
obligation for ~ disbursement
ESGP Grant
RevL~.d Apd128, 1995
JUL-11-96 THU 15:17
lfl Dept of Econouic Dsv,
NO, 15152424859 P, O?
CONTRACT NUMBER
PAGE 3
3. l IIME OF PERFO]~lV[,~NCg~ The se~i~ of~ G~t~
com~iet~ on or ~fom June 30, 1997.
{rst day ffJfly, I~6
.~quired h~roander shill be
3.2 MAXr~HIM PbYMEI~T~ It is expressly understood and a
Granw.~ hy the Dcparlmap. l for any item of work or se~ce :hall conform to ~
modified by written amendment oft
~mounts to he paid to the
Attachmere B, "Budge{
fine Department for all work and
aighty ~Iollars ($63~80.00) unless
3.3 CAL
provided in accordance with ~c
complet~ fine statem~n! of work and services s
(b) la.~ind. If the
shall be as shown in thee
agrees to provide cash
be pald by 1ocaJ 1
to the ProjecL then such eonm'buthm shall b~
B. Expcedimre~ above budgeted levels necessary to
the Pmje~ then a,id ~ntribution
(c) It is expressly understood
eXpended, the Gran~ wiU be fequ~d to te~nd the
As part of the Payment Request/Status ofFund~ ~
efforts centribbed during the report perJori
should local effort s~0! m ~st equal grant 1tmda
the documented local effort and grant funds expended.
~ .aatiele 0N. ICe)), the gmn~o shall identify the cash and in-kind local
3.4 ~,DMINISTRATION.
Chapter 24 and all applicable Sine and Federal laws
[w~ll~m~tltation ~ which ha~ been diCm~uted
I be admtni.tlered in accordance with 26) Iowa Adminiswative Code,
o the Grantee.
4.1 PERFOR~MANCE <
activities and
ESGP Grant Applicafion~
__ On the Consfas I
4.2
the Grantea~ has met their performance targets at the Corntam Expiration
according to the performance targets set forth in Attachment B, 'Bud
and measure at any time during the Conlr~c: t~,~ uric achievement of the
ACH'[EVEM~NT
the Grantee shall have accomplished the
Summary", and as further elaborated in Attachment A,
s the Final authority to assess whether
[ae completion
The Depar~ent reserves the right to monitor
ESGP (}rant Format
RevL~nt April 28, 1995
JUL-11-96 THU 15:18 la De~L o[ Eeono~ic Day, Ffl NO, 15152424859
P, 08
CONTRACT NLrMBER 96-E5-006
PAGE 4
US~ oF I~.UNDS /
th .S.I. ..... ~ The Grantee shaltperform ins samfacw~ ~d proper m~a~ ~ dem~ined by ~e
Or~tees app~v~ 1993 ~ergen~ Shelter Om~ Budget Su~ (A~c~nt B). '
/
$.2 EX~E~I~Rg OF HO~L~ PRE~ION ~
ex~ndi~ of Cun~ ~ for ~a p~ose ofh~m~l~ p~v~fiun wi~M 180 dsy~ q~v ~ of~is Con~ ~y
~maMMg ~ ~ budget for ~ p~ ~e ~e e~p~ion of~c li0 ds~ m~y be ufi}~ for o~e pu~os~ only a~er
budget ~eu~ent ~ ~b Cannot If ~o O~{~nnot udli~ ~y ~n~ ~Cor o~er p~os~, ae D~t may
~uig ~c ~t of this ~n~ct t.o ~duce ~aw~ arno,mr bye simi,~
s.a BUDOET
excess often percent (10%) or t~n thousand dollars
through the eon~ract amendment process. Budget
under this Contract must ba approval I:
result in total co~ axe~diug
of~uch a nature a~ to qua[ify us an allowable coat.
period will be approved by tho Del~nnent onb
I0,000), whichever{
ulnas that the
result
WO
af budgored line Item amounts in
Ipproval of the DepaCanent
performance level r~iu/md
Instance shall a budg~ revision
t ~hc t~ms of ~his Coa~nt,zt and
tha final :,incty (90) days of the Cone'act
_qONEIITIONs ']
Union and until the following conditions have
the Omnt~e any amounu under this Grant Cant'act:
6.1 GI1A{~ CONTRAC~ EXECUTE~
required, eek~owlcd~cd.
6.2 COMPLIANCE WlTt{
Contract until the Grantee h~ :atisfi~ the environmental
summa~d in the ~ __
6.3 ~ITS AND LL.¢g, IVSES
reviewed and approved all m~.eria{, such ns permits or
to projuct eommencimlent.
6.4 ~UBRECIPIF, NT AGREEM]~NT,
receive and review t
6.5
plan review and approval of disabled accessibility by 1
the Dcpa~unent shall be under no obligation to disburse to
been properly executed and, where
gNTS. Funds shall oat be glensod under this
funds reqnirements set forth in 24 CFR 576.$2,
he r
~t~ ot
f~nds untilthe Depar~<t has
which may be required prior
DepaCanenL prior to ~hc
and approval subrecipiont(s).
),ahall
Consmilan of the ggYBOARD0 shall not begin prior to
Building Code Prograln staffof the Iowa {~partrnant of Public'Safety.
ESOP (Irarim Fonua~
R~sed April 21L 1995
JUL-11-98 THU 15:19 IA Dept o£ Econohie Der, FAX NO, 15152424859
P, 09
CONTRACT NUMBER ~6-E8-006
PAGE $
TI B_LCJ
To induce the Depm~ent to m~ke t
i relented te in thia Contl~t, the Grantee represent, coYchants a~d warranL~
action on th,. Gr~t~'s part, auch ~ e
Confiner, has been effectively taken.
, authorized ~md nmpowe~d
of its governing board for the
3rant Con~ot. All
' of ~a Omnt
7.2
m the Department am Uue ~d correct in all material
of the effective date of the statements and relltted n
?.3 ,4PP. LICAT..ION, The contents of the ~
were submir~-xl to the Departmere for ESGP funding is a c
submission and there has been no maredal adverse change i
date the Grantee submitted its ESOP application to the
concerning the Proj~ provided
has occurred sincn bbat dam.
ae administered by the Grantee which
n of the I%jcct as of the dam of
operation, or key personnel of the Grantee since the
7.4 .CLAUViS AN_D~P. ROCEEDINGS, There
of the Grantee, fl~'esiened agaiast the Grantee affe;I/u8 in an
the Gra.utec to m~c the payments required under the Grant, or
under the Grant. Them are ao actions, ~awsuits or
authority p~ndlng or, to the knowledge of the Grantee
lawsuits or proceedings pending or, to the knowledge
~heir tights to exe:me the Out or the nbil~ of
3therwbe comply with the obligations of the Gra~t contained
law or in equity, or before any &ovemmcntal or adminisu'ativn
against o:r affc~ing the Grimtee or any property ~velved in the
7.5 P,J~IOR AGREEMENTS. The C{r~ee h~s ~0
~gemen~ of~y ~nd whic~ ~ ~nsi~m w~the O~t
7.6 E~ECTIVE
~p~sematiens of~ ~clc ~ made ~ ofth~ aw~ date
the O~lee ~ ~e ~e erich ~v~oo o~u~t for ~b~em~t
/'
COV. g~A~S OF~H~
8.1 AFlamE COrNeTS. Umil the pmj~t h~
umme coveo~ wi~
ESGP appll~flon by ~e Co~ Expiration Da~. Shaltera ~e
Shel~t Grot ~o~.
oy verbal or written contras'o, agn:e~nenm or
). WARRA~ITIF,~ The covenants, wa. wantio~ and
to be renewed aad t~toted by
'funds.
approved by LDED, the
~ sha!l perform work and services de~aikd in the
m involve homeless
[ti~ a.~lsted u~r the Emergency
Co) REPORTS. Thu Grante~ shall prepare, review and sign ~e requests and reporta as sp~ifled bciow in
~he form and conLent specified by the DeparUnnnL The requesls end reporla shall b~ submitted ~o the DeparlnlOnt by the 10th of
the montfi when due, and for final rapore, within thirty (30) days aftor the CouR'act EXpiration Dute. The Orantea lhall review all
B$OP 0mat Format
R,~vised April 28, 1995
JUL-11-96 THU 15:19 Dept o[ coaoaic Der, NO, 5152424859
P. 10
CONTRACT NUMBER. ~}6-ES-006
PAGE 6
reimbursement requesLl, to be subarmed not more often than once a month, end verify
costs. The OntoLet shall maintain documentation adequate to support the clanned costs.
Dug pATE
Acti¥ity Sates R~pon (Form
Payment R~lUaS'./,51alus of ~,{nds
10th of every month accompanying auyi
esP~)
' loth oFowry
copi~)
allow-,.,ble
[hal and one
Summary Peffol-manc~.}~Cport (Fo~ll.3z~
15 d~y~ of Contract ~ ~l~on and within 15 days of the end of a
Updates to.fil,~ Appllcant/Pxq:j.qJ~l
Oi~c{oture.Repon
needed duc to chart
Audil ]gV~pol:t In
The Depereaicnt reserves t
Department, more fi'cquent submissions would
(c) ~ The Grantee sha
all costs and cxpe~c~ incurred and revenue{ received uad
indirect, of labor, materials, equipment, supplies, services and~
claimed under this Grant Con~. The Gnmt~ sl
compliance with the Grant Coalra~ and shall maintain these
the final audit of the proj~'~-t is accepted by IDED. Records
re~ained l:3r a thr~e (3) year period after the f
an), litigation or audit h begun or ifs claim is ins~tutcd
instances, the records shall be retained until thn litigation,
the tepom than ~ shown above If, lu the opinion of the
' Shelter OraliLl Program.
documents and other evidence penainin§ to
in sufficient derail to reflect all cam, dimat and
r costs and expenses of what.or n~iure, for which payment is
records and dectenants in sufficient detail to damonsnare
(3) yeats beyond the date upon which
property acquired under this Cone-act shall be
Records s~{l be retained beyond the preswibcd period if
ha~ been Finally resolved.
(d)
permit HUD or its tepresenta~ve Office or i
the Stare Auditor to examine,
books, r~cords and accounts, and (tii] or materials
facilities for making such examination and/or ins
prior uotke and at any time,
and the Department, lB representatives or
pertaining to the ProjoeL 0i) all ortho Graute. e's
the Grantee ~hall provide proper
(c) USE The Grantee shall
puquoscs and activities d~ctited in this Contra}:t and as approved I
ived under the Grant only for the
(f) DOCUMENTAlION. The Grantee shah deliver to request, (0 copies of all cone'acts or
agreements relating to the Project, (ii) invoices, r0ccipts, statements or voucheta Project, (ih') ~ 1~ of all unpaid bills
for labor and materials in connection w,th the Pto. l~ct, and (iv) budgets and revisions aho~Xi.ng estLrnam:l Project costs a~t funds
required ~ any given time to comph~e and pay for the Project.
(g) NOTICE OF PRQCffEDINGS. The Orantee shah promptly notify IDED of the initiation of any
clauns, lawauks or prOcecding~ brough~ against the Grantee.
ESOP Grant Forerot
Revised April 28, 1995
JUL-11-96 THU 15:20
FAX NO. 15162424859
P, 11
CONTP~CT NUMBER 96-ES-006
PAGE 7
(h)
and empioyans fi'oul uud afroblot any and all
(i) NOTZcI~ TO
the Project, inittiaa of any invesfignUou or
promptly notify the Depn.,-tmem.
· The Grimtee shall indemnify end hold hnnuless the
in coan~ction with the performaucu o
In the event the Grantee
or any
ils officaa
material aiteraUon in
d)
administered m compliance with all a
applicable to activities assisted wnd~' the ACt b'
su~ a~viti~ by their ow~ t~ms. The Gn~,tc~
implameming regulations, ~ncindh~g
Circular A-110 ('~J~iform
Hospitals. and Other Nonprofit OrianizaUous"),
Circular A-B7
lndi~ Tribal Governments"), OMR Cu'cular A-128 ~
24 CFR Pan 44, and the
24 CFR Part 85.
The Grantee certifies and assures that the
laws, regulations and
e Ac~ [fsal~, while other laws
the following:
issued by ~
conducted and
Ccnsin at~tutos ~.~ 0xpressly made
in the Ac~ may beapplic~ble to
fiic~ble orders, laws and
Office of Management and Budget, OMB
ions ofHigh~r Edu~atinn,
OlVlB
, LO~al and Federally ~co~]Ized
uirum~s found at
(ii) Tide IV ofuhe StewaTt J McKinney.
77) and regulations which implement this law.
Act as areceded (Public Law 100-
(iii)
24 Code ofF,oral Regulations, Pan 576.
governing the ESOP program,
(iv) Section 102 ofth
(P.L. 101-235), and implementing regulations.
Housing and Urban Development Reform Act of 1989
(v) Title VI of the Civil Rights
42 U.S.C. 2000d ~ s~q,); Title VIII of the Civil Righis Act of
Iowa Civil Rights Act of 1965; Iowa Execsire Order #15
P~idenfial Executive Order 11063, as amende~
Sealon 504 of~hc Vocational Rehabilitation Ac~ of l
amended (42 U.S.C. 6101 ~ seq,); the Americans wi~
r~lat~t Civil Rights and Equal Opportunity statutes; and i
(Public Law 88.352;
; 42 u.,q.c. 3601 el: seq,); the
and Executive Order #34, da~,d July 22, 1988;
11246, as am~ndecl;
:. 794); the Ago Discrimination A~ of 1975 as
101-336, 42 U.S.C. 12101-12213; and
(vi) {4. The
Civil Rights Act of 1968 as amended (42 U.S.C. 3601 eq.); Se, cUon 3 of the
amended (12 U.S.C. 1701 u); and regulations which implement these laws.
Fair Housing Act is part of Tide VIII of the
and Urban Developmere Act of 1968 as
(vii) Exm;utive Orders 11625, 12432, aud 12138
women's business enterprises in connection with a~tvities funded u~d~, the proguim.
encourage the use of minehuff and
(vifl) Davis-Ba~on AcL a~ amoudud (40 U.S.C. 276a. I l0
of the Hou,s~ng and Co~i~ ~velopm~t A~ of 1974, as ~ended; Con~ct Wo~ Hou~ ~d Safc~ Stan~ Act
(40 U.S,C. 327 ot~.); thu Copcl~d ~d-~c~k A~ (18 U.S.C. 874); ~c D~enI of Defuse R~ofi~on Act of
1986; ~d regulations which ~pl~ent ~e laws.
(ix) Fair Labor Stan~rds A~ and tmplemen~g regulations.
ESGP Gmat Format
Revis~l April 28, 1~95
JUL-]I-96 TEU ]5:2] ]R Dep[ or Eco.o=ic Der, FaX NO, t5152424858
CONTRACT NUMBER 96-ES.00fi
PAGE 8
(x)
implcmeatlng regulations.
regulations.
Lead Based Parrot ~oisoning Prevention Act (42
National Environmental PoIi~ Act of 19{{9
U,S.C. 4 1 .~amended, and
/
Resource,! Act (16 U.$,C. 3~01)
Act of 1~3
0 [et seq.) and the Coastal Barriers
(~ti) Uniform Reloe
8mended, (URA)(42 U.S.C. 4~o
t A.ssis~ce sad
970, as
(xi¥) Hatch,Act
implementing regulations.
and federally landed activities) and
and implementing regulations.
Govenunem.wido}
Ce~fication [Section 319 of PubLic Law 101-121]
(xvl)
(xvii)
Administrative Code, chapter 24.
Drug Free Workplace
Administrative ml~a ad
regulations found at 24 CFR pan 24, subpart F.
the Iowa Departmaul of Economic DevclopmcnL 261 Iowa
(xvii0
Dovolopm~t: the Iowa Emergoncy Shelter Omnis
~ned by the Iowa Deparauent ofF, cOnomic
(k) MAIWTF~ANC.~ OF
subr~ipieni shall maintain the Proj~
or commit waste or damage u
maintain insmace as is customary
the Project property. The subrecipient shall
appropriate, alld the Grantee shall nL~lo lfio;
copies of the policies to the Depara~enc
This insurance
anle~ and
l~}]?~klLC,_~ The Grantee and any
t we. mr and te~r excepted, and shall not.'ruffer
,thc Grantee or subrecipient shah pay for and
ua amount not less than the full humble value of
lortgag~o and/or an addMonal loss payee, ~
and/or an additional loss payee. a~ appropriate,and rubmk
8.2 During
not, wilhout the prior WdReu
(a) Asstea its rights and
th~ Grantee covenant~ with IDED th~u it shall
, or indirectly:
s Gmat Cantra~
activities under the Centam.
J').~;FA ULT t
9. l ~O~UL'I', The following shall eonstim~ Event ~Oefiult andcr ~bh Grant Contract;
(a) MA.TE. RI&b M~REPRRSENTATION, if at any time any.mpmt~tation, warranty o{'s~uem~nt
made or furnished m ~e Departaunt by, or on behalf of the Orant¢~ [u couuuction wl~ this Conu~t or to indu~ the Deparunenr
to mak~ n gaul to the Orardeu shall be detenuined by the Departsout to be incenact, 5tL~% mislead{n8 or erroneous iu asxy
ESOP Grant Forerot
R~via,~lApfi128, 1995
JUL-ll-96 THU 15:21 IR Dept of Eco.o. ic Day,
CONTRACT NUMB.ER 96-ES-006
PAOE 9
mataria{ rUSl~Ct when made or furnished ~nd s
aria' wrllteu notice by the Dep~rimcnt is giveo Io ilia
NO, 15152424859
P, 13
(b) IVONCOMPLIAWcE,
or conditions contained in this Contract.
Failure by the Grantee to comply
of the ~veRanL~ t~nns
(c) CONTRACT !
camplated on or before the Con~'a~t Expiration Date.
if the Project, in the solo
D~panmuat, is not
(d)
application, this Conetact, ot as authori~0d b
{u Ihe ESOP
(e) INSU{L4WCF.. If loss, thor
Grantee oc~rs for wl',Jch there is oithc
insuranc~ coverage.
substearin{ portion of~hc propmy ofd~e
the~ b insufficient
9.2 {~OTIC.~ OF DEFAULT, 1DED:
period in which the Gramee shall have au oppe~nity to cure,
9.3 ,P,I~MEDIF~ UPON DEFAULT,
in addition m any rights and remedies available to it to do one,
(a) exercise any remedy provided by law,
of default providing therein a fifteen (15) day
basiblc.
, to cure, {he default ternaLms, IDED shall have {he tight,
g:
plus hitarieL
(b) require immediate ~paymcnt of up to the
of funds disbursed to the Grantee under this COntract
9.4 FAILURK.TO MEET
in default of this Conu'aer due Io me~ug le4~s than
require full Co'ant repaymum or, at its discretion
credit for the perfunnance tiegets whicl~ have been met,
dcrcrmlnea to be appropriate.
If the Orantee is determined hy the Departmet to be
10.0%) of it~ Performance Targets, the Departure m~y
pmc. l~is which allows partial
may permit other remedies tha~ the Peparian, it
ARTICLE ~0
10.1
conditions of the following documon~ ~vMch
1, Attachment ~ 1996.
2. A~clunent B, 1996.
3. AUachmont C, "C,~n~ral Previa:ohs,' dated April 28, 1995.
by
comply with the tones and
10.2 ORIH~R OF PRIORITY. lu the event of a conflict between documenL~ of this conUacL the foRowing order of
priority shall govern:
1. Articles I through I 1 he, min,
ESoP O~nt Fonual
Rev{~ed April 28, 1995
JUL-]l-96 THU t5:22 ]R Dep[ e[ Econoaic Der,NO, 15152424859
P, 14
CONTRACT NUMBER 96-ES-006
PAGE 10
2.
3. AttarJ~ment B, "Budget Summary", ~
5. Attachment A, "ESGP Application",
Provisions", dam April 28, 1995.
1996.
13, 1996.
~R~rlCLE ! 1
11.1
shall not have Grant prooeeds, including
time any surplus amount shall be relumed to t]
The Grant~ shall
)jest funds only as needed ~d
11 O) workln.g days, aller which
11.2 H~NDING F-.FFEC~ This Grant
Deparnnent and Grantee and tha~ r
acknowledgements, waiveo, a
enforceable against the parties to this Grant Con.st.
con~don
)enefl~ of ~e
The obligations, covgnanls, wanant[es,
shall b~ jointly and severa[[y
11.3 i~J..,~.VIVAL QF COI~TRA. CTa Irany ]
remainder shall be valid and enforceable. The
her~m mentioned ~nd shall continue in MI force until the
11.4 .~._Q3~RNING I~AW, This(
Iowa, end any action rels~§ to the
Grant Contract shall only be commenc~ in the lows DiStrict ¢
Southern District of Iowa.
Grant Con~ct is held m be invalid or unenfon~able, the
I survive the cxecudoo of all insuumenta
is Completed ~ determined by the dep~anant
I be interpreted in accordance with the l~ws of the Sat~ of
for Polk COunty or the Uniled S~.tes Direct Court for the
11.5 ~ Whenever this Grant ( ; or Farmits any notice or written request by one pare/to
another, it shall be in writing, enclosed in an savelope, m:l&e, ssed to e pan'y to he rlolifie, d al the ~ Minefore staled (or
such other address as may have been designated by written notic~), sealed and deposited in the United State
Mail, Ally such notice given heretrader shall be daemed delivered t ] the earlier of actual receil~ or two (2) b~in~s day~ a~r
posting. The Deparlanent may rely on the address of the Grantee set as modified fi'om'dmo To
address ortho Grimtee.
11.6 W ~ [[I~]]~ No waNer by the Department of an
default or of the same default on ady ~m~ oec~ion. No delay on ~,
hereunder ~11 op~m~ ~ a waif~ thereoff No single or paffial ea~ise
11.7 h[~ITATIQN, It ~ a~ by ~c O~tee ~al ~e De
obliga~d ~ci~y under ~ Gmat Ceae~ exit to ~sbu~ ~d
fit heretrader shall operate as a waiver ofnny other
: of the Depamacnt in exercising any fight or remedy
any ri~t or remedy by the Department shall preeJud~
shall not, under any clrcums~lces, be
to the torres of the ContraCt.
11.8 IIEADINGS~ The headings solely for convenience of r~ferance and shaU be
given no effect in ~ eo~ztruction and htc~ra~on of~h G~t Co~
11.9 I~G~ON, Th~ Great Con~ con~ ~e entl~ ~d~dlng b~ ~ O~ ~d ~e
Dep~t ~d ~y ~p~t~io~ ~t may ~ve b~n roads before or ~cr ~c si~g of ~b O~t Con~ which ~c nm
~n~ed hemiu, ~ riooblOng, void ~d of no eff~ Non~ of ~e ~ni= ~v~ ~11~ on ~y tach p~or ~pt~n~ion ~
ente~g ~to ~ Grot Can=~t.
ESOP Grout Formal
R~vised April 28, 1995
JUL-11-98 THU 15:22IA D,~ oF Eeo,omic Der. FAX NO.
15152424859 P. 15
It.10 ~.O-UNTEI~pA~ This Confrae{ may bo executed in any number of couate each ofwhich s}mll be
~lec~r,d to bc an o~§L, ml, but sll ofwhich mge~er s~tll eonstitut~ but one a~d ~ same tnsm~ ~ts' cach ofwl
IZ4 WITNESS WHEREOF, the part~ hitvo ~xecut~d this G~t Con~ on ~sy ~d y~ ~cc~ below.
GRANTEE: City oflows Ci~
BY:
DATE:
N~omiNo~ck
M8yor, CP. yof~ov~City
~waCi~,lowaS~244
IOWA DEPARTMENT
BY:
DATE:
~GP ~;mnt F~*mat
JUL-11-98 THU 15:22 IA Dep[ o~ Ecoaomic Der. FI~ NO, 15152424859
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[40
CONTRACT NUMBER 96-ES-006
UI~ALLOWA~LE ClZ~Cl~'~ ...............
~ROGP. AM I~COM~ ...............
m-~R~r ~n .....................
LUS~ION
{~Roc£u~z.f UgONl'£amlm, AT10~l ..........
(a) E021_q~ ................
Co) RIGrii~ IN PRODUCT8..
(c) ~ ................
l~FORO~:Mg,'fl* IUiPgi',iSES .....
IiqD]EMNIFIC.~ ................
co ~: I C.T_ O.F..m'r ~:R E.b'L .............
~ ...........
(b) ~']gRSD2~5 COWglm.~;~
lJ$~ OF DF.B^RRED,.SU~I]gO. OR
S DR ~UBRECIPIgf,,rrs .................................. 3
.(~VIL tlIGHTg_.
(~)
(a)
1c)
10
(~)
I~0 ~.~0 LITIi~A L~.
11,.0 ,IrlllV q ._R{']L'y Alll) WOMEN I{USIIVF..88
17.0 ~RC.~LRf~. ......................
ESOP Oma! Yonua~
Revi~d Aprfi 28, 1995
JUL-11-96 THU 15:23 IR Dept o£ Econoaic Day, FRX NO, 15152424859
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ATTACHMENT C
(o)
(h)
GENBILAL PROVISIONS
EMERGENcy SHELTER GRANTS PROGRAM (ESOP)
Approwd April 28, 1995
limft~ m ......... ~ . d~ ~t~tO~ for ~mplctlon of~jc~ activili~
~AT~L MODIFICAT~OH, ~
in or~
(c)
.U)ED R.EVJEW. IDED will c
orl§ina] ~nding dt~"ision on the Project An
tha Projoct thnding was ~alginally s
Chapter 24.
AUI] R EO. Un iviE rr..,
(~)
· an amendment request is so subflM~ll~ as to nu:~,sim,.e reev~luatlng IDElYs
leoted if it suh~andally alts-~s the citcUmstonce~ undea' which
Fit do~ not meet {cquimm~n.~ set forth iu 261 Iowa AdmioistraHve Code.,
(b)
SING_L_~,,_&~.T~ Tha Grantee shall alsum ,.hat
98.502) as implemeu~d at 24 CFR
24), the Iowa Em~gcnc'y Shr. lter Oran~s Pr
ADD rf IO.N ,..~[~.T~ As a condition o£ the
post Project compl~on audit lind review i~ add{Hot
of the Graite~.
audit is perform~ in accordance with the Single Audi{ ACt of lg84 (P. L.
la~ Adminlstmtlve Code
~ IDffD,
le right to require Ihe Gmm~ to submit tu a
ui~'d above Suah ~ audit aid revisit will be at ~m expense
COMPLiAN.CE WiTH L6WS ANI~. ~ The (]
ordinance.v, regulations and orde~.
~ppIlcable Siam and federal laws, ruI~
{]FJ. ALLOW.A,~I~K COST~. If [DED dot~mun~s at a~ly timr.. ~
or pmc~ that ~ G~tee h~ ~d~ ~nds whl~ ~
oppo~ni~ mj~ qu~ion~ ~s~ prior ~ ~E~s fi~ d
will ~ ~dl~ in ~ ~a ~c
p~d by ~c ~ED ~e un~lowable ~d~
~ ~y ~d all d}s~low~ ~
h monitoring, andIt clos~oul procedures or by Other mcan.s
Grant~ will bc notified of the questioned cost~ aild given an
or coons. Appeals orauy d~enninazlons
lfh l{ IDED's final d~tenninadon that ~sts previou$]y
]ra~ shall ~cpay to
PROG~ All pmgra~ income~
oilher be ~dd~ to die Projec~ Budget a~d used
· c ESOP Applicatiou for ruedlog. Program Income
for the putpeso of demnninmg the amount of
made by LDED.
and 261 Iowa Admin~trativc Code, Chapter
u the Contrsct ~d ~ Scope of Wo~
r om Budga
un~ ~e Cauca. disposition of proem intoinc
I_.}Yj~.~EST F-.A]~VFJ~ To the extent it can b~,
$U$}~F,~$ION, V/hen the Grank~c ha~ fail~
notice to the Omatw, suspend the Conu'a~
ESOP fuud~. Susp~sion may
necessmy aid proper costs which t
su~ easts m~t the provisions ofHUD n
]~RMTHATJI.O~
\
~atnr~t was named on ) funds, this interesl shall b~ r~JmKI m IDED.
comply wi~h the Conu'ueL awani conditions ~r standards, IDED may, en treasonable
payments. or prohibit the 0roan:0 from incurdog ~{itionul obligor{Ohm
oreplates the COrrective action as ~equircd by IDED. tDED may e~low such
~ avoid dining the p~iod of suspension provided IDED eonclud~a
ptusuant to OM~ Circedot A-87.
.F.....QR.C~k~S F~ IDED may t~roina~ tha Coatn~ in whaI,L or in parL whenever IDED del~Tmn~ thai the Oran~ h~ failed m
comply with the tcm~ and conditions ortho Coo~.
JUL-11-98 THU 15:24 I~ De~ of E¢ooomie Day. F~X NO, 15152424859
P. 18
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F, SGP General Provisions .
Page 2 .
Revl~cd April 28. 1995
(b) FOR CONVENIENCE. H}ED, the Orantee may mrminate the Coatraft m whole, or i~l p$.~, whe~/all pa~tie. s agr~ that the
coatmu~an of the Ptojc~t would a0t produce beoelic~id ms, its commcrtsurn~ with dlc future dpur~m~nt of fund~
DUE TO RI~.DUCTiON O~i TERMINAT1QN OF F.~GP FUNDING At the dis~ratinn of}/DED. the Coon'act may bc
tuminat~ in whoIv, or in pea, if there is :~ reduction or tanninarian of ESGP fcdc~ gran~nds ~ the Stale..
~ROCI~DURES UPON T~RMrtVATIOPL
(a) NOTIC-~Fa IDED shall provide writtea norco to the Grante~ of the dccialon to tcrmin/!c,~e,.reaan~.(~)fo.r the
the e~fecuv= dam of~c tormi~doo. ]fthc~ is a pmia} ~rmination du= to a rcductl~h In f~adin& the aotir. e will set fo~
~angc in fondle8 and ~.e chang .~. in ~e a arantt~ shall not ~(cur new 41 gnnons beyond the
and shall cancel ~ many outsta~dm ED's share of ao/fconcallablc obligafiona which IDED
determines were properly incurred prior to n ;ll be allowable costs.
(b)
RIGI-ITs U~IPRODU__CT~.All finished
the Contt~t shall, at IDED opttoo, b~come
(c}
RETURN OF IqJND3. The areatoe shal
tenain~om Any COSts p~viously paid b
monitoring, or closeout procedu~ shall b
EN1;'OR~:~M~gNT EXPENse, S, The Grantee shall
ipcludir..g
of the Dcpmtmcto under ll~is ConheeL
peepace/of IDED.
prep~'ed by ~c Grantee under
determined m be unallowablc thiough audit,
(30) days erie dtsallowan~.
aJl rcosonshla fee~ and ~xpenscs of the Departm~t,
ay of the fights
!]~fOE~i~LrlC&TION,
and all Iossc~ accruing or ~ul~g
or ~pplyfns wo~ ~k~, ma~al~ or ~ppllcs in Conn~an
lo~ ac~ing or ~ultmg ~ ~y p~co,
Con~.
i~ oflic~s and employees, from and against ~ny
my oth~ preen, 6nn or corporation furnisl~inS
Ils Coa'mtc~, and fi'um any and aU claims and
' the Orant~ in the pert'enhance of~b
CONFLICT ~OF ItTfF..REST.
(a}
~J;I~ERAL. Exc,.-pt for the use of ESGP fun~sto
idenhficd in paragraph %" below who excr~is~ m
a~tivitics or who ~e in a pOSition to pa.,llclpale in
acttvitir. s, may obtain a p~rsanal or tinancia]
subcontract or agraemit with n:sp~t thereto, o
family or business ties, dutb~8
; and oth~r related edmmistradw or p~sann~l edsel, no pcno~s
fuactions or ~bilid~ wi~ ~s~ m ~OP
~fi reside i~o~tion ~ r~ ~ such
~, or.re ~ in~r~ in ~y con~
either br ~c~lv~ or ~o~ w[~ whom ~ have
(b)
(c}
PERSONS COVERED.
cansuha~t. Officer, of cl~ct~d or ~pomtod c
an~ receiving F.,$GP funds.
CON~ICT~ OF INTER .E.~, Cha
Granian, xts officiah and unploy~.
above apply to any person who is tm employee, agent,
\
B, ~L~oflowa. th~ 'Iowa P~blic Officials A~" shal bc ~h~'ed to by the
U~E o_,r DEBARRgD,~USpJI~{DED, OR:
directly or indirectly to employ,
period oi~debarmexih suspension, or placement
ragulateen of the Department of Labor.
~CXOR~ OR ~UBBI~C1PIENTS. ESGP funds shall not bc
, or ethanvise engage ~c s~vico of, or fi.md any contractor or aubrecipient o'~a'i~tit
~dcr the provisions of 24 CPR Pan 24 or any applicable law or
clv~
DI$CRI1VI,I,N,fiTION ~ J~ The Grautee shall not dlscri_minat~ againsI any qu~Jlffed employee or applicant for
Cmploymuni because of race, color, religion. sex, nadianat origin. age, or physical or mental disability. The Orantee may take
aYtkmativ¢ ~ction to c~tuo that appllcaals ate employed and that employees a~ trc~ withoui rcgud to their rice, color,
religion. sc~ nsxionsl orisiu, age, or disability. Su~ action shall include but may not be limited to the followlaB: employment,
upmadlng, demotion or u*aosfers; ranTuP. m~t or r~cruitmans advenisin~ lay*off*or mmina~on; r~e~ of pay or other fomu of
JUL-il-96 THU 15:24 [R Dep[ o[ Econoaic Der.
FAX NO. 15152424859
P, 19
FrkSGP General Provisions
Page 3
Revised April 2§, 199S
(b)
o~c~.
compcr, satiun; and selection for traintagi maludiag un appnmUc~bip. The Grantee
provisions of the nondiserimineUen clan}c in conspicuous
.C_O~'$X~gR~T[O~ FOR E
or on behalf of the Gra.ntco, ~t¢ that all,
color. r~li$ion, sex, unUonal eftsin, a~e, ~ , discbritt7.
Solicitation and AdvcRisement- The
II suitable
forth the
~mplc, ymem withou~ regard to race.
s in ~c Stsc Emplo~ S~i~ lo~
(c)
Civil Rights A~ 0£ 1~)6~ as amended, Iowa
U.S. Civil Pighis Act of 1964 as amended
201 ct .~:X[.), the Ayz]¢ricauu with Dlsabi{ld~
Vocational Rchabi{ltalion Act of 1973 as{
(42 U.S.C. Section 610{ ~ seq.).
by or ptuanant to ~
to loves'figure compliance with [he~e rule and
, with all r~kvant provision~ of the Iowa
11246, tu autndcd; TilIc Vl of the
the Fmr Labor S{~mdafls Act (29 U.S.C Seelieu
42 U.S.C. 12101-12213, Seedon 504 Ofthc
~ and the Ago Discrhuhadon Act of 1975 ~s amuzded
¢pom ccquuted by the State orlowaor reqal~
payroll and employment [~.~rd~ by the State ol'I0wa
(dS
_C£RTIF}~ATION R~GARDING
bnxt of his or her knowl~ge and belief. that:
LOBpyJW~ThcOram~aifi~the
No Federal i
influencin8 or attemptillg 20 inf!uanco all
contract, the making of any Federal
agreement,
or cOOperative eBro:meet.
or will be paid, by oz on behalf of~qc Granter., m any person for
agency. a Menlbc~ of Can§re~ all olflec~ or
t Men',her of Conl{Rss m conhOodoo with the e, wa'din$ ofauy
Federal loan, the trim'tug into of toy ~upmalve
amendment, or modffie~fion of any Fedexal COntract, 8nmt, loan,
it.
If an)
aRcmptlng to lollecono an officer a
¢mploye:~ era Mcothcr of COn
Grant~
~th its instructins
paid to any person for taflutualng or
a Memb~ of Congress, an oftleer or ~:mployc¢, or an
x wi~h this FedeM contra~ grant, loan, or cooperalive agreement, the
iii.
Tbc Grantee shall require ~at [ language of thb
all tiers (includin
in the awaM docuzllcat, t for all subaw~d.m
~ts, lea, u, and cooperalive agreements) ~nd that
This ccrtifi~ra~iou i~ a romeriot n pen whict S tremaulion was made or ~
into. Submi~on of ~ ~fl~ico ~ a p~quisi~ for m~im ~[cduR Mto ~ ~ion imp~d ~ ~ctian 1352, title
3 l, U.S. Code. ~y p~n who f~b to file ~e ~q~ $h~l M ~bje~ m a civil p~ of n~ I~ ~m $10.~
~d not more ~ $100,000 for ~h such ~lu~.
~RQG~M NONDISCRI~ATION, ~c Om~ s~ll confo~ ~ mqu~u of T/tic ~ of~e Civil Righ~ Act of
19M {42 U.8.C. 2~ el ~q.) ~d ~ ~g~io~ i~u~ pmu<t thei~o ~nmi~ in 24 CFR P~ I. No ~on ~ ~r
Uni~d S~t~ shah on the bmb of~ ~lor, ~tioa~ ~n. ~x or ~ligian or religions ~{{~}on be ~c{ud~d ~m
pe~i~ipa~an in, ~ d~ed ~e bonefiB ~ or ~ $ubj<Rd ~ di$~imin~{on uad~ ~y pmg~ ~ ~vi~ ~nd~ ia whol~ or ~
p~ wi~ ~ndm made evalille throu~ ~is contra~ Any prohibition ;~i~ dia~un on ~c ~b of agra under ~e ~
D~min~on A~ O{ I~5 (42 U.9.C. 6101 eL ~.) or appHmble provl$ioM of ~ ~ ~ D~II}~ A~
(P.L 101-336, 42 U.S.~ 12 {01.1~13) ~th r~e~ m ~ o~¢~v~e qual~ indivi~ ~ a ~{li~, ~d ~ ~ providM
M So.iOn $~ of ~e V~CO$ Rch~lli~nun A~ ~ 1 ~3 (~ U,S.C. Se~oa 794~ ~all ~o ~ply m ~ ~ch p~ ~
a~ivi~.
(0
FA-&..[]~,.];L(~ U$ I N g, The Granto: shall comply with Title Vlll of ~ Civil R{ghB Act of 1968 (42 U.S.C. 3601 c{.v.q.), generally
I~own as the Fair Housing Act, ~d with HUD ~egulatJons found m 24 CFR Part IO7, Lmsucd }n compli~c~ with Fedend
F, xu~uhvc Ord~ I I063, as amended by Frger, d Ex~"utlvc Order 122~9.
,SJ;.CTION 3 COIVJP,,LLRNCE. The Gnmte~ shah coolply ~dth pcovL~ioo~ fi~r toxintog employmme, end contrmrlin$ in
aecord~co with See{ion 3 of the Ransing and U~ban D{vc{oprncnt ~ of i~68 (12 U.S.C. l?O{u).
JUL-11-9§ THU 15:25 IR Dopt o¢ Eco,o=ic Der. F~ NO. 35152424859
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I~ONi~OMPLIAI~CE ~ITI'I. Th~ CIVIl, RI~IJ~'S }~AWSa Ln ~c ov~t of the G~'s non~mpli~
-- --, ~,,,,~m ~. ~u~ am~ waol~ or ~ ~ In ~d Ho~ ~e S~of Iowa m~y
~ or ~ o~m~ pmvtd~ b ~ I~w.
· du~inS ~lio~ for ~ ~l ~ ~bcon~ ~ ~1~ a s ~ of~fo~lnS sueis
~ ]i~on ~ p~Ol~l ~e ~o G~ may ~u~
pOLITICAL A,f2'flVITY. No perliOn of
of ~y ;'andida~ for lrdblic office..
oFfhis Coatr~l
U.S.C.
~o u.e~d tar any partisan polJ~i~ ~ctivip/or to furtiler die clegv.~on or dercat
· Iror the pcrsOrttel employgl in clio adn~oa
political activities in conlraveatlott orThO HaZch Act (5
M.II~OR1TY ~ V/.OMgN BUS~NE~ I
124~2, ~d I~138. Consis~t wl~h mspO~'ibiliffes
women's I
a~mlnlstet, in good fai~, poHoi~ titsigned ~o
of drags or alcohol by iu b~nefi¢iarian.
*rig Orm~xee shall comply with the ~equltem~s Of Execulivc Orders 1162~.
, the 8r~t~ rous~ maY~: cffo~ ~ encourage ~1~ uSc Ofminority and
A~li.Dmg Abuse Ag of 1988 (P. L. 100-690) Tho Otlnk'c will
asslgcd homeless facility is free from illggal use. possession, or dJs-¢lbution
Prepared by: Steven Nasb¥, Assoc. Planner, 410 E. Washington St,, Iowa City IA 52240 (319)356-5248
RESOLUTION NO. 96-211
RESOLUTION APPROVING AN AGREEIViENT BETWEEN THE CITY OF iOWA
crrY AND THE EMERGENCY HOUSING PROJECT FOR IOWA EMERGENCY
SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE IViAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST SAME.
WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which
utilizes U.S. Department of Housing and Urban Development funding for the purpose of
providing shelter services for homeless people in Iowa; and
WHEREAS, the City of Iowa City deems it in the public interest to support services for
homeless people in Iowa City; and
WHEREAS, the Emergency Housing Project is an agency which provides emergency shelter
and related assistance to homeless individuals; and
WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa
Emergency Shelter Grants Program funding available to the City of Iowa City for the support
of the Domestic Violence Intervention Program, the Emergency Housing Project, Hawkeye
Area Community Action Program, Greater Iowa City Housing Fellowship, and Youth Homes,
Inc.; and
WHEREAS, the Emergency Housing Program's funding Agreement incorporates the Agreement
between the City and the Iowa State Department of Economic Development {96-ES-006),
approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Agreement for Iowa Emergency Shelter Grants Program funding of the Emergency
Housing Project, a copy of which is attached hereto, is hereby approved.
The Mayor is hereby authorized to execute and the City Clerk to attest the Emergency
Shelter Grants Program Agreement for the Emergency Housing Project,
Passed and approved this
16th day of July ,1996.
jccoghs~resolutn\ehp.esg
_~_x~,~...,..~A p p r o v e d by
City Attorney's Office
Resolution No. 96-211
Page 2
It was moved by Norton) and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
)~uhby
ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
EMERGENCY SHELTER GRANTS PROGRAM AGREEMENT
Emergency Shelter Grants Program Agreement between the City of Iowa City (hereinafter
referred to as the Grantee), and the Emergency Housing Project (EHP) (hereinafter referred to
as Provider) for the provision of related services and assistance to Grantee's Contract Number
96-ES-006 with the State of Iowa Department of Economic Development (IDED).
The Grantee shall make available to provide the sum of $3,000 (Three thousand dollars)
in accordance with the terms and conditions of this contract, the grant contract
agreement between the State of Iowa and the Grantee, attached hereto as Exhibit I, and
in accordance to any subsequent provisions, requirements, and assurances promulgated
by the State of Iowa that apply to said grant. Said subsequent requirements shall be
specifically incorporated herein. Failure to adhere to the above mentioned requirements,
provisions, and assurances shall cause this Agreement to be terminated at the discretion
of the Grantee or State. It is agreed between the parties that this Agreement, with
attachments, as written, is the full and complete agreement between the parties.
The Grantee shall be obligated tc~ provide said grant funds to Provider only on the
condition that said funds shall be available from the State of Iowa. Failure of the
Grantee to receive grant funds from the State shall cause this Agreement to be
terminated.
The Provider, its officers, agents, employees and assigns agree to hold the Grantee and
the State of Iowa harmless from any and all liability, claims, damages and litigation
arising from, or under the terms of this Agreement.
This Agreement shall be binding upon the Grantee and Provider, and neither shall assign
or transfer its rights and responsibilities without prior written consent of the other,
However, the Grantee shall not transfer any ultimate fiscal responsibilities including:
authority to request funds, authorization of activity status reports or final audit.
This Agreement shall be governed by the laws of the State of Iowa. In the event any
provisions of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof.
The terms and conditions of this Agreem~-nt may only be amended or supplemented by
written agreement of both parties and, when necessary, with State concurrence. Such
amendments include any deviation from the Iowa-Grantee Program Schedule and
Budget.
The Grantee shall be responsible for and adhere to the following. Noncompliance may
be grounds for Grantee canceling, terminating or suspending this Contract.
The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601-19
and implementing regulations; Executive Order 11063 and implementing
regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2002d-1) and implementing regulations issue at 24 CFR Part 1.
The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against
discrimination against handicapped individuals under Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
The requirements of Executive Order 11 246 and the regulations issued under
the Order at 41 CFR Chapter 60.
The requirements of Section 3 of the Housing and Urban Development Act of
1968, 12 U.S.C. 1701u.
The requirements of Executive Orders 11 625, 12432, and 12138. Consistent
with responsibilities under these Orders, the Provider must make efforts to
encourage the use of the minority and women's business enterprises in
connection with activities funded under this part.
The requirements of the Anti-Drug Abuse Act of 1988 (P.L. 100-690). The
Provider 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.
Compliance with OMB Circulars A-87 and A-1 28 regarding Cost Principles and
Uniform Audit requirements.
ho
Prohibited use of debarred, suspended or ineligible contractors as required under
24 CFR Part 24.
The Provider shall provide uncontested access to Contract related records by any
appropriate federal or state agents, and retain said records for no less than three {3)
years after the Iowa Department of Economic Development's close-out acceptance.
This includes any financial, procurement, and local match records required for the
Grantee's close-out and audit.
This Contract shall terminate on the expiration date of the Iowa Department of
Economic Development contract, unless otherwise modified in writing herein.
This Agreement shall be effective upen the signature of all parties.
By:
Attest:
PrOvider ~Chair
cutive Director
Chibf Ele~ed tOfficial
Date:
'Z/~,~'/~¢ Date: Jul.y ]6, ]996
ppdcdbg~ehpesg.agt
2
City Attorney's Offic
Prepared by: Steven Nasby, Assoc. Planner. 410 E. Washington St.. Iowa City. IA 52240 (319)356-5248
RESOLUTION NO. 96-212
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND THE DOMESTIC VIOLENCE INTERVENTION PROGRAM FOR
IOWA EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST SAME.
WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which
utilizes U.S. Department of Housing and Urban Development funding for the purpose of
providing shelter services for homeless people in Iowa; and
WHEREAS, the City of Iowa City deems it in the public interest to support services for
homeless people in Iowa City; and
WHEREAS, the Domestic Violence Intervention Program is an agency which provides
emergency shelter and related assistance to those who are homeless because of domestic
violence; and
WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa
Emergency Shelter Grants Program funding available to the City of Iowa City for the support
of the Domestic Violence Inte,'vention Program, the Emergency Housing Project, Hawkeye Area
Community Action Program, Greater Iowa City Housing Fellowship, and Youth Homes, Inc.;
and
WHEREAS, the Domestic Violence Intervention Program's funding Agreement incorporates the
Agreement between the City and the Iowa State Department of Economic Development (96-ES-
006), approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Agreement for Iowa Emergency Shelter Grants Program funding of the Domestic
Violence Intervention Program, a copy of which is attached hereto, is hereby approved.
The Mayor is hereby authorized to execute and the City Clerk to attest the Iowa
Emergency Shelter Grants Program Agreement for the Domestic Violence Intervention
Program.
Resolution No. 96-212
Page 2
Passed and approved this 16th day of
July , 1996.
ATTEST: CF~K ~'
jccoghsVesolutn\dvip esg
Approved by
City Attorney's Office
Resolution No 96-212
Page 3
I; was moved by Norton and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
K,~hl~y
ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
EMERGENCY SHELTER GRANTS PROGRAM AGREEMENT
Emergency Shelter Grants Program Agreement between the City of Iowa City (hereinafter
referred to as the Grantee), and the Domestic Violence Intervention Program (DVIP) (hereinafter
referred to as Provider) for the provision of related services and assistance to Grantee's
Contract Number 96-ES-006 with the State of Iowa Department of Economic Development
(IDED).
The Grantee shall make available to provide the sum of ~19,000 (Nineteen Thousand
dollars) in accordance with the terms and conditions of this contract, the grant contract
agreement between the State of Iowa and the Grantee, attached hereto as Exhibit I, and
in accordance to any subsequent provisions, requirements, and assurances promulgated
by the State of Iowa that apply to said grant. Said subsequent requirements shall be
specifically incorporated herein. Fai!ura to adhere to the above mentioned requirements,
provisions, and assurances shall cause this Agreement to be terminated at the discretion
of the Grantee or State. It is agreed between the parties that this Agreement, with
attachments, as written, is the full and complete agreement between the parties.
The Grantee shall be obligated to provide said grant funds to Provider only on the
condition that said funds shall be available from the State of Iowa. Failure of the
Grantee to receive grant funds from the State shall cause this Agreement to be
terminated.
The Provider, its officers, agents, employees and assigns agree to hold the Grantee and
the State of Iowa harmless from any and all liability, claims, damages and litigation
arising from, or under the terms of this Agreement.
This Agreement shall be binding upon the Grantee and Provider, and neither shall assign
or transfer its rights and responsibilities without prior written consent of the other.
However, the Grantee shall not transfer any ultimate fiscal responsibilities including:
authority to request funds, authorization of activity status reports or final audit.
This Agreement shall be governed by the laws of the State of Iowa. In the event any
provisions of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof.
The terms and conditions of this Agreement may only be amended or supplemented by
written agreement of both parties and, when necessary, with State concurrence. Such
amendments include any deviation from the Iowa-Grantee Program Schedule and
Budget.
The Grantee shall be responsible for and adhere to the following. Noncompliance may
be grounds for Grantee canceling, terminating or suspending this Contract.
The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601-19
and implementing regulations; Executive Order 11063 and implementing
regulations at 24 CFR Part 107; and Title Vl of the Civil Rights Act of 1964 (42
U.S.C. 2002d-1) end implementing regulations issue at 24 CFR Part 1.
The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against
discrimination against handicapped individuals under Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
The requirements of Executive Order 11246 and the regulations issued under
the Order at 41 CFR Chapter 60.
The requirements of Section 3 of the Housing and Urban Development Act of
1968, 12 U.S.C. 1701u,
The requirements of Executive Orders 11625, 12432, and 12138. Consistent
with responsibilities under these Orders, the Provider must make efforts to
encourage the use of the minority and women's business enterprises in
connection with activities funded under this part.
The requirements of the Anti-Drug Abuse Act of 1988 (P.L. 100-690). The
Provider 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.
go
Compliance with OMB Circulars A-87 and A-128 regarding Cost Principles and
Uniform Audit requirements.
Prohibited use of debarred, suspended or ineligible contractors as required under
24 CFR Part 24.
The Provider shall provide uncontested access to Contract related records by any
appropriate federal or state agents, and retain said records for no less than three (3)
years after the Iowa Department of Economic Development's close-out acceptance.
This includes any financial, procurement, and local match records required for the
Grantee's close-out and audit.
This Contract shall terminate on the expiration date of the Iowa Department of
Economic Development contract, unless otherwise modified in writing herein.
This Agree e t//,,s~e~ti~on the signature of all parties.
Chil~f Elec~cl
Executive Director
2
July 16, 1996
Prepared by: Steven Nashby. Assoc. Planner. 410 E. Washington St.. Iowa City, IA 52240 (319)356-5248
RESOLUTION NO. 96-213
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND YOUTH HOMES, INC. FOR IOWA EMERGENCY SHELTER
GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST SAME.
WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program wl~ich
utilizes U.S. Department of Housing and Urban Development funding for the purpose of
providing shelter services for homeless people in Iowa; and
WHEREAS, the City of Iowa City deems it in the public interest to suppod services for
homeless people in Iowa City; and
WHEREAS, Youth Homes, Inc. is an agency which provides emergency shelter and related
assistance to homeless youth; and
WHEREAS, the Iowa State Dep~rtment of Economic Development has agreed to make Iowa
Emergenc~, Shelter Grants Program funding available to the City of Iowa City for the support
of the Domestic Violence Intervention Program, the Emergency Housing Project, Hawkeye Area
Community Action Program, Greater Iowa City Housing Fellowship, and Youth Homes, Inc.;
and
WHEREAS, the Youth Homes, lnc.'s funding Agreement incorporates the Agreement between
the City and the Iowa State Department of Economic Development (96-ES-006), approved by
the City Council.
NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Agreement for Iowa Emergency Shelter Grants Program funding of Youth Homes,
Inc., a copy of which is attached hereto, is hereby approved.
The Mayor is hereby authorized to execute and the City Clerk to attest the Emergency
Shelter Grants Program Agreement for Youth Homes, Inc.
Resolution No. 96-213
Page 2
Passed and approved this 16th day of July
,1996.
ATTEST: ~.~
CITY'CLERK
MAYOR
Ap,~3ved by ~
City Attorney s Office
jccog hs~'esolutn~yhL esg
Resolution No.
Page 3
96-213
It was moved by No~'ton and seconded by.
adopted, and upon roll call there were:
Kubby
the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
EMERGENCY SHELTER GRANTS PROGRAM AGREEMENT
Emergency Shelter Grants Program Agreement between the City of Iowa City (hereinafter
referred to as the Grantee), and Youth Homes, Inc. (hereinafter referred to as Provider) for the
provision of related services and assistance to Grantee's Contract Number 96-ES-006 with
the State of Iowa Department of Economic Development (IDED).
The Grantee shall make available to provide the sum of $21,600 {Twenty-one
thousand Four hundred dollars) in accordance with the terms and conditions of this
contract, the grant contract agreement between the State of Iowa and the Grantee,
attached hereto as Exhibit I, and in accordance to any subsequent provisions,
requirements, and assurances promulgated by the State of Iowa that apply to said
grant. Said subsequent requirements shall be specifically incorporated herein. Failure
to adhere to the above mentioned requirements, provisions, and assurances shall cause
this Agreement to be terminated at the discretion of the Grantee or State. It is agreed
between the parties that this Agreement, with attachments, as written, is the full and
complete agreement between the parties.
The Grantee shall be obligated to provide said grant funds to Provider only on the
condition that said funds shall be available from the State of Iowa. Failure of the
Grantee to receive grant funds from the State shall cause th~s Agreement to be
terminated.
The Provider, its officers, agents, employees and assigns agree to hold the Grantee and
the State of Iowa harmless from any and all liability, claims, damages and litigation
arising from, or under the terms of this Agreement.
Thi~, Agreement shall be binding upon the Grantee and Provider, and neither shall
assign or transfer its rights and responsibilities without prior written consent of the
other. However, the Grantee shall not transfer any ultimate fiscal responsibilities
including: authority to request funds, authorization of activity status reports or final
audit.
o
This Agreement shall be governed by the laws of the State of Iowa. In the event any
provisions of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof.
The terms and conditions of this Agreement may only be amended or supplemented
by written agreement of both parties and, when necessary, with State concurrence.
Such amendments include any deviation from the Iowa-Grantee Program Schedule and
Budget.
The Grantee shall be responsible for and adhere to the following. Noncompliance may
be grounds for Grantee canceling, terminating or suspending this Contract.
The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601-
19 and implementing regulations; Executive Order 11063 and implementing
regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2002d-1) and implementing regulations issue at 24 CFR Part 1.
The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 61 O1-07) and the prohibitions against
discrimination against handicapped individuals under Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
The requirements of Executive Order 11246 and the regulations issued under
the Order at 41 CFR Chapter 60.
The requirements of Section 3 of the Housing and Urban Development Act of
1968, 12 U.S.C. 1701u.
The requirements of Executive Orders 11 625, 12432, and 12138. Consistent
with responsibilities under these Orders, the Provider must make efforts to
encourage the use of the minority and women's business enterprises in
connection with activities funded under this part.
The requirements of the Anti-Drug Abuse Act of 1988 (P.L. 100-690). The
Provider 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.
Compliance with OMB Circulars A-87 and A-128 regarding Cost Principles and
Uniform Audit requirements. -
Prohibited use of debarred, suspended or ineligible contractors as required under
24 CFR Part 24.
The Provider shall provide uncontested access to Contract related records by an,/
appropriate federal or state agents, and retain said records for no less than three (3)
years after the Iowa Department of Economic Development's close-out acceptance.
This includes any financial, procurement, and local match records required for the
Grantee's close-out and audit.
This Contract shall terminate on the expiration date of the Iowa Department of
Economic Development contract, unless otherwise modified in writing herein.
This Agreeinept shall be M,4ecti~ upon
Pro
,~xecutive D~recto~'~
the signature of all parties.
C h~'ef Ele d,t/e d
Date:
Date: July 16, 1996
ppdcdbg\youthESG.agt
2
Prepared by: Steven Nasby, Assoc, Planner, 410 E. Washington St., Iowa City IA 52240 (319)356-5248
RESOLUTION NO. 96-214
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND THE GREATER IOWA CITY HOUSING FELLOWSHIP FOR IOWA
EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING
THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME.
WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which
utilizes U.S. Department of Housing and Urban Development funding for the purpose of
providing shelter services for homeless people in Iowa; and
WHEREAS, the City of Iowa City deems it in the public interest to support services for
homeless people in Iowa City; and
WHEREAS, the Greater Iowa City Housing Fellowship ~s an agency which provides shelter and
related assistance to those who are homeless; and
WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa
Emergency Shelter Grants Program funding available to the City of Iowa City for the support
of the Domestic Violence Intervention Program, the Emergency Housing Project, Hawkeye
Area Community Action Program, Greater Iowa City Housing Fellowship, and Youth Homes,
Inc.; and
WHEREAS, the Greater Iowa City Housing Fellowship's funding Agreement incorporates the
Agreement between the City and the Iowa State Department of Economic Development (96-
ES-006), approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Agreement for Iowa Emergency Shelter Grants Program funding of the Greater
Iowa City Housing Fellowship, a copy of which is attached hereto, is hereby approved.
The Mayor is hereby authorized to execute and the City Clerk to attest the Iowa
Emergency Shelter Grants Program Agreement for the Greater Iowa City Housing
Fellowship.
Passed and approved this 16th
jccoghs\resolut n\gichf.~sg
day of Juicy , 1996.
A roved by -'T')
City Attorne~ s Office
Resolution No. 96-214
Page 2
It was moved by Nor~oa and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
--X
Kubby
ABSENT:
the Resolution be
Baker
Kubb¥
Lehman
Norton
Novick
Thornberry
Vanderhoef
EMERGENCY SHELTER GRANTS PROGRAM AGREEMENT
Emergency Shelter Grants Program Agreement between the City of Iowa City (hereinafter
referred to as the Grantee), and Greater Iowa City Housing Fellowship (hereinafter referred to
as Provider) for the provision of related services and assistance to Grantee's Contract Number
96-ES-006 with the State of iowa Department of Economic Development (IDED).
The Grantee shall make available to provide the sum of $5,000 (Five thousand dollars)
in accordance with the terms and conditions of this contract, the grant contract
agreement between the State of Iowa and the Grantee, attached hereto as Exhibit I, and
in accordance to any subsequent provisions, requirements, and assurances promulgated
by the State of Iowa that apply to said grant. Said subsequent requirements shall be
specifically incorporated herein. Failure to adhere to the above mentioned requirements,
provisions, and assurances shall cause this Agreement to be terminated at the discretion
of the Grantee or State. It is agreed between the parties that this Agreement, with
attachments, as written, is the full and complete agreement between the parties.
The Grantee shall be obligated to provide said grant funds to Provider only on the
condition that said funds shall be available from the State of Iowa. Failure of the
Grantee to receive grant funds from the State shall cause this Agreement to be
terminated.
The Provider, its officers, agents, employees and assigns agree to hold the Grantee and
the State of Iowa harmless from any and all liability, claims, damages and litigation
arising from, or under the terms of this Agreement.
This Agreement shall be binding upon the Grantee and Provider, and neither shall assign
or transfer its rights and responsibilities without prior written consent of the other.
However, the Grantee shall not transfer any ultimate fiscal responsibilities including:
authority to request funds, authorization of activity status reports or final audit.
This Agreement shall be governed by the laws of the State of lows. In the event any
provisions of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof.
The terms and conditions of this Agreement may only be amended or supplemented by
written agreement of both parties and, when necessary, with State concurrence. Such
amendments include any deviation from the Iowa-Grantee Program Schedule and
Budget.
The Grantee shall be responsible for and adhere to the following. Noncompliance may
be grounds for Grantee canceling, terminating or suspending this Contract.
The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601-19
and implementing regulations; Executive Order 11063 and implementing
regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2002d-1 ) and implementing regulations issue at 24 CFR Part 1.
The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against
discrimination against handicapped individuals under Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
The requirements of Executive Order 11246 and the regulations issued under
the Order at 41 CFR Chapter 60.
The requirements of Section 3 of the Housing and Urban Development Act of
1968, 12 U.S.C. 1701u,
The requirements of Executive Orders 11625, 12432, and 12138. Consistent
with responsibilities under these Orders, the Provider must make efforts to
encourage the use of the minority and women's business enterprises in
connection with activities funded under this part.
The requirements of the Anti-Drug Abuse Act of 1988 (P.L. 100-690). The
Provider 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.
Compliance with OMB Circulars A-87 and A-128 regarding Cost Principles and
Uniform Audit requirements.
Prohibited use of debarred, suspended or ineligible contractors as required under
24 CFR Part 24.
The Provider shall provide uncontested access to Contract related records by any
appropriate federal or state agents, and retain said records for no less than three (3)
years after the Iowa Department of Economic Development's close-out acceptance.
This includes any financial, procurement, and local match records required for the
Grantee's close-out and audit.
This Contract shall terminate on the expiration date of the Iowa Department of
Economic Development contract, unless otherwise modified in writing herein.
This Agreement shall be effective upon the signature of all parties.
Provider Chair Chief Ele~J~ed ~)fficial
Executive Director
Date:
ppdcdbggichfESG.agt
Date:
2
July 16, 1996
City Attorney's Office
Prepared by: Steven Nasb¥, Assoc. Planner, 410 E. Washington St.. Iowa City IA 52240 (319)356-52~,8
RESOLUTION NO. 96-215
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND HAWKEYE AREA COMMUNITY ACTION PROGRAM FOR IOWA
EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING
THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME.
WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which
utilizes U.S. Department of Housing and Urban Development funding for the purpose of
providing shelter services for homeless people in iowa; and
WHEREAS, the City of Iowa City deems it in the public interest to support services for
homeless people in Iowa City; and
WHEREAS, Hawkeye Area Community Action Program is an agency which provides shelter
and related assistance to those who are homeless; and
WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa
Emergency Shelter Grants Program funding available to the City of Iowa City for the support
of the Domestic Violence Intervention Program, the Emergency Housing Project, Hawkeve
Area Community Action Program, Greater Iowa City Housing Fellowship, and Youth Homes,
Inc.; and
WHEREAS, the Greater Iowa C~ty Housing Fellowship's funding Agreement incorporates the
Agreement between the City and the iowa State Department of Economic Development (96-
ES-006), approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Agreement for Iowa Emergency Shelter Grants Program funding of Hawkeye Area
Community Action Program a copy of which is attached hereto, is hereby approved.
The Mayor is hereby authorized to execute and the City Clerk to attest the Iowa
Emergency Shelter Grants Program Agreement for Hawkeye Area Community Action
Program.
Passed and approved this
CITY-CLERK
jccoghs~r esolutn\hecap.esg
16th day of July ,1996.
City Attorney's Office
Resolution No. 96-215
Page 2
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Norton
AYES: NAYS: ABSENT:
X
X
X
X
x
X
the Resolution be
ABSTAIN:
Baker
Kubby X
Lehman
Norton
Novick
Thornberry
Vanderhoef
EMERGENCY SHELTER GRANTS PROGRAI'~I AGREEfVlENT
Emergency Shelter Grants Program Agreement between the City of Iowa City (hereinafter
referred to as the Grantee), and Hawkeye Area Community Action Program (hereinafter
referred to as Provider) for the provision of related services and assistance to Grantee's
Contract Number 96-ES-006 with the State of Iowa Department of Economic Development
(IDED).
The Grantee shall make available to provide the sum of 812,000 (Twelve thousand
dollars) in accordance with the terms and conditions of this contract, the grant
contract agreement between the State of Iowa and the Grantee, attached hereto as
Exhibit I, and in accordance to any subsequent provisions, requirements, and
assurances promulgated by the State of Iowa that apply to said grant. Said
subsequent requirements shall be specifically incorporated herein. Failure to adhere
to the above mentioned requirements, provisions, and assurances shall cause this
Agreement to be terminated at the discretion of the Grantee or State. It is agreed
between the parties that this Agreement, with attachments, as written, is the full and
complete agreement between the parties.
The Grantee shall be obligated to provide said grant funds to Provider only on the
condition that said funds shall be available from the State of Iowa. Failure of the
Grantee to receive grant funds from the State shall cause this Agreement to be
terminated.
The Provider, its officers, agents, employees and assigns agree to hold the Grantee and
the State of Iowa harmless from any and all liability, claims, damages and litigation
arising from, or under the terms of this Agreement.
This Agreement shall be binding upon the Grantee and Provider, and neither shall
assign or transfer its rights and responsibilities without prior written consent of the
other. However, the Grantee shall not transfer any ultimate fiscal responsibilities
including: authority to request funds, authorization of activity status reports or final
audit.
This Agreement shall be governed by the laws of the State of Iowa. In the event any
provisions of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof.
The terms and conditions of this Agreement may only be amended or supplemented
by written agreement of both parties and, when necessary, with State concurrence.
Such amendments include any deviation from the Iowa-Grantee Program Schedule and
Budget.
The Grantee shall be responsible for and adhere to the following. Noncompliance may
be grounds for Grantee canceling, terminating or suspending this Contract.
The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601-
19 and imp!ementing regulations; Executive Order 11063 and implementing
regulations at 24 CFR Part 107; and Title Vl of the Civil Rights Act of 1964 (42
U.S.C. 2002d-1) and implementing regulations issue at 24 CFR Part 1.
The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against
discrimination against handicapped individuals under Section 504 of the
Rehabilitation Act of 1973 {29 U.S.C. 794).
The requirements of Executive Order 11246 and the regulations issued under
the Order at 41 CFR Chapter 60.
The requirements of Section 3 of the Housing and Urban Development Act of
1968, 12 U.S,C. 1701u.
The requirements of Executive Orders 11625, 12432, and 12138. Consistent
with responsibilities under these Orders, the Provider must make efforts to
encourage the use of the minority and women's business enterprises in
connection with activities funded under this part.
The requirements of the Anti-Drug Abuse Act of 1988 (P.L. 100-690). The
Provider 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.
Compliance with OMB Circulars A-87 and A-128 regarding Cost Principles and
Uniform Audit requirements.
Prohibited use of debarred, suspended or ineligible contractors as required under
24 CFR Part 24.
The Provider shall provide uncontested access to Contract related records by any
appropriate federal or state agents, and retain said records for no less than three (3)
years after the Iowa Department of Economic Development's close-out acceptance.
This includes any financial, procurement, and local match records required for the
Grantee's close-out and audit.
This Contract shall terminate on the expiration date of the Iowa Department of
Economic Development contract, unless otherwise modified in writing herein.
This Agreement shall be effective upo~he signature of all parties.
Attest: E~e~cut,,eDi, ec~ Attest' C.er.~.~~
comrndev~reentt~hacapESG.agr
2
Date: July 16, 1996
By
City Attorney's Office
Prepared by: Robert Mik]o, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240
RESOLUTION NO. 96-216
RESOLUTION APPROVING FINAL PLAT OF SADDLEBROOK ADDITION, PART 1, IOWA CITY,
IOWA.
WHEREAS, the owner, Lake Calvin Properties, filed with the City Clerk the final plat of
Saddlebrook Addition, Pair 1, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in-Iowa City,
Johnson County, Iowa, to wit:
A portion of NW ~, Section 25; the W ~ SE ~A, Section 25, except the east 660.O5 feet
thereof; the W ½ SE ~A, Section 24 lying south of Highway No. 6 (formerly Lower Muscatine
Road, formerly Wyoming Road), except the east 660.05 feet thereof; and the east 25 feet of
the E ½ SW ¥4, Section 24 lying south of said Highway No. 6, all located in Twp. 79 N., R.
6 W., of the 5th P.M., Iowa City, Iowa being the same realty described in Book 1036 - Page
193 Johnson County Recorder's Office, described as follows:
Beginning at a a/a" rebar set marking the common quarter corner between said Sections 24 and
25;
thence S 88°36'12" W -- 25.00 feet along the south line of said Section 24 to a a/e" rebar
set at the SE corner of Bon Aim Mobile Home Lodge as described in Book 1035 -- Page 422
and Plat Book 2 - Page 127 which point also marks the Point of Beginning of the parcel
herein described;
thence N 00o05'24" W -- 1627.67 feet (recorded 1622.11 feet) along the west line of said
east 25 feet of the E ½ SW ~A, Section 24 which line is also the east boundary of said Bon
Aire realty to a a/a" rebar set on the southerly ROW line of said Highway No 6 as described in
Book 226 -- Page 515;
thence Southeasterly -- 330.34 feet a!ong said ROW line along a 5789.58 foot radius curve,
concave northeasterly, with acentral angle of 03o16'09" and a chord of S 59°25'31" E --
330.29 feet to a ¥8" rebar set 60 feet normal to P.-r. Sta. 288 + 17.4;
thence S 61 °03'35" E - 464.44 feet along said ROW line to a 8/e" rebar set marking the
intersection with the west line of said east 660,05 feet of the W ~ SE ~A, Section 24;
thence S 00°17'37" W - 987,51 feet along said west line of the east 660.0§ feet of theW
½ SE ~A, Section 24 to a set 5/a" rebar;
thence N 89°51 '28" W - 263.47 feet to a ¥8" rebar set on the easterly ROW line of Heinz
Road;
Resolution No. 96-216
Page 2
thence Southeasterly - 223.42 feet along said ROW line along a 1907.00 foot radius curve,
concave northeasterly, with a central angle of 06°42'45" and a chord of S 17°09'46" E --
223.29 feet to a set s/8" rebar;
thence S 20°31 '09" E -- 75.18 feet along said ROW line to a set 5/8" rebar;
thence S 69°28'51" W - 100.00 feet to a s/s" rebar set on the westerly ROW line of said
Heinz Road;
thence S 20°31'09" E -- 129.30 feet to a set e/e" rebar;
thence southeasterly 376.18 feet along a 967.00 foot radius curve, concave southwesterly,
with a central angle of 22°!7'21" andachord of S09°22'28" E - 373.82 feet to a set
rebar;
thence S 01 °46'13" W -- 114.19 feet to a set 5/s" rebar;
thence southeasterly - 236.10 feet along a 533.00 foot radius curve, concave northeasterly,
with a central angle of 25°22'49" and a chord of S 10°55'12" E - 234.18 feet to a set
rebar;
thence S 67°01 '36" W - 33.10 feet to a set s/s" rebar;
thence westerly - 903.89 feet along a 1457.50 foot radius curve, concave northerly with
a central angle of 35°31'58" and a chord of S 84°47'35" W - 889.47 feet to a set
rebar;
thence N 77026'26" W - 238.75 feet to a set 5/8" rebar;
thence westerly - 304.75 feet along a 1542.50 foot radius curve, concave southerly, with
a central angle of 11 °19'11" and a chord of N 83°06'01" W -- 304.25 feet to a set
rebar;
thence N 88045'37" W - 487.49 feet to a set 5/8" rebar;
thence N 00o09'02" W - 865.42 feet to a 5/s" rebar set on the north line of said NW 2,
Section 25;
thence N 88°21 '05" E - 86.03 feet along said north line of the NW 2, Section 25 to a
rebar found marking the southwest corner of said Bon Aire realty;
thence N 88°36'12" E - 1290.05 feet along said north line of the NW ~A, Section to the
Point of Beginning.
Said Saddlebrook Addition, Part 1 contains 62.249 Acres, more or less.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval;
and
Resolution No. 96-216
Page 3
WHEREAS, the Planning and Zoning Commission examined the final p~at 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 (1995) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The said final plat and subdivision located on the above-described real estate be and
the same are here§y approved.
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.
The City Council hereby finds that, due to the unusual characteristics of the
Subdivision coupled with the uncertain location of the east-west parkway, the general
requirement of financial guarantees and/or escrows for the future construction of the
southern extension of Heinz Road and the future construction of sidewalk adjacent to
the southerly and easterly lines of Lot 4 of the Subdivision results in an undue burden
being placed on the Subdivision by reason of excessive costs. Therefore, pursuant to
Iowa City Code Section 14-7A-7D, the City Council of Iowa City hereby approves the
waiver of the general requirement of a finanacial guarantee and/or escrow for certain
improvements in said Subdivision, accepting in lieu thereof, the attached "Agreement
and Covenant in Lieu of Escrow", which shall be executed and recorded in accord with
paragraph 4 below.
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 is also hereby further
directed to record the legal documents and the plat in the office of the County
Recorder of Johnson County, Iowa at owner's expense.
Passed and approved this ]6th day of ,hJly , 1996.
CITY ~LErCK
ppdadm~!saddle~r .r e,s
Ap roed by
Resolution No. 96-216
Page 4
It was moved by Kuhhy and seconded by
adopted, and upon roll call there were:
I ehman the Resolution be
AYES: NAYS: ABSENT:
X
X
X,
X
X
L
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by:
/liklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (3 356-5240
RESOLUTION NO,
FINAL PLAT OF SADDLEBROOK ADDITION
1,10WA CITY,
IOWA.
WHEREAS, the owner, Calvin Properties, filed with the Clerk the final plat of
Saddlebrook Addition, Part 1 )wa City, Iowa, Johnson Count Iowa; and
WHEREAS, said subdivision is
Johnson County, Iowa, to wit:
ated on the following-d~
real estate in-Iowa City,
A portion of NW ~A, Section
thereof; theW ~ SE ~, Section 24 I~
Road, formerly Wyoming Road), exce
the E ½ SW ~, Section 24 lying south
6W., of the 5th P.M., Iowa City, Iowa
193 Johnson County Recorder's Office,
~V ½ SE ~A, 25, except the east 660.O5 feet
south No. 6 (formerly Lower Muscatine
east L05 feet thereof; and the east 25 feet of
Ihway No. 6, all located in Twp. 79 N., R.
same realty described in Book 1036 -- Page
'ibed as follows:
Beginning at aYa" rebar set marking the
25;
~n quarter corner between said Sections 24 and
thence S 88°36'12" W - 25.00 along
set at the SE corner of Bon Aire ,me Lod
and Plat Book 2 - Page 127 point also
herein described;
;outh line of said Section 24 to a ¥a" rebar
as described in Book 1035 - Page 422
ks the Point of Beginning of the parcel
thence N 00005'24" W
east 25 feet of the E ½
Aim realty to a ¥a"
Book 226 - Page 5
t
concave northe~
330.29 feet
thence S 61
intersectio~
627.67 feet (recorded
'~, Section 24 which line
the southerly ROW
:.11 feet) along the west line of said
~lso the east boundary of said Bon
~id Highway No 6 as described in
330.34 feet along said ROW line alon~a 5789.58 foot radius curve,
,. with a central angle of 03°16'09" and ~chord of S 59°25'31" E -
% rebar set 60 feet normal to P.T. Sta. 288 +~7,.4;
E - 464.44 feet along said ROW line to a a/a~,rebar set marking the
~ west line of said east 660.05 feet of the W ½ ~ ~, Section 24;
thence S/~O° 17'37" W - 987.,5. 1 feet along said west line of the east 660.05 feet of the W
½ SE/~_,. ~ection 24 to a set % rebar;
thence N 89°51 '28" W - 263.47 feet to a %" rebar set on the easterly ROW line of Heinz
Road;
thence Southeasterl~'~223.42 feet along said ROW line,along a 1907.00 foot radius curve,
concave northeaster.~,,,,w~ .~ central angle of 06°42'45 and a chord of S 17°09'46" E-
223.29 feet to ~ set,, ~' reba?;
thence S 20°31,09',', E ~ 75.18 feet along sai~ ROW line to a set ¥8" rebar;
thence S 69°28 51" W ~ 100.00 feet to a 8/8 rebar set on the westerly ROW line .~f said
Heinz Road; ~
thence S 20°31'09" E - 1 ;~.30 feet to a set 8/8" rebar;
thence southeasterly 376.18 a 967.00 foot radius curve, y,
with a central angle of "and a chord of S 09022'28" E - 373.~ o a set 6/8"
rebar;
thence S 01 °46'13" W - 114.1
a set ¥8" rebar;
thence southeasterly - 236
with a central angle of 25022'49"
rebar;
533.00 foot radius
~chord ors 10°55'1
concave northeasterly,
E - 234.18 feet to a set 8/~"
thence S 67°01 '36" W - 33.10
set
thence westerly - 903.89 feet along a
a central angle of 35031'58" and a chord
rebar;
radius curve, concave northerly with
W - 889.47 feet to a set ~/~"
thence N 77026'26" W - 238.75 feet
rebar;
thence westerly - 304.75
a central angle of 11°19'11"
rebar;
1542,50
chord of N
: radius curve, concave southerly, with
6'01" W - 304.25 feet to a set ~/,"
thence N 88045'37" W
set ¥8"
thence N 00°09'02" W
Section 25;
865.42 feet to a 8/8" rebar
the north line of said NW ~,
thence N 88
rebar found markin
86.03 feet along said north line
southwest corner of said Bon Aire
NW ~, Section 25 to a
thence N 88036'
Point of Beginei~
E - 1290.05 feet along said north line of tt~e NW ~A, Section to the
Said
Addition, Part 1 contains 62.249 Acres, more or less.
W
De~
and
;, ~artment of Planning and Community Development and the Public Works
ixamined the proposed final plat and subdivision, and recommended approval;
WHEREAS, the Planning
recommended that said
Zoning Commission examined the final plat and subdivision and
plat and subdivision be accepted and approved; and
WHEREAS, a dedicatic en made to the public, and the subdivision has been made with
the free consent and in ~nce with the desires of the owners and proprietors; and
WHEREAS, said final plat and u~di/ision are found to conform with Chapt~/354, Code of
Iowa (1 995) and all other stal an~ local requirements. J
NOW, THEREFORE, BE IT RE~ ~LVE~BY THE CITY COUNCIL OF THE C/R'Y OF IOWA CITY,
IOWA, THAT: \, j
1. The said final plat and subdivisi ~\1ocated on the above-des/ofibed real estate be and
the same are hereby approved. \ ~
2. The City accepts the dedication of ' ~ streets and ease,~ents as provided by law and
specifically sets aside portions o dicated land, n,¢rnely streets, as not being open
for public access at the time of i for publi~/,~afety reasons.
The City Council hereby finds that,
Subdivision coupled with the uncertain
requirement of financial guarantees and/or
southern extension of Heinz Road a~
the southerly and easterly lines of Lot 4
being placed on the Subdivision by
Iowa City Code Section 14-7A-7D, the
waiver of the general requirement of
improvements in said Subdivision
"Agreement and Covenant in Lieu Escrow".
unusual characteristics of the
parkway, the general
for the future construction of the
re construction of sidewalk adjacent to
Subdivision results in an undue burden
ssive costs. Therefore, pursuant to
~cil of Iowa City hereby approves the
Jarantee and/or escrow for certain
thereof, Developer's proposed
The Mayor and City Clerk of
directed, upon approval by
to said subdivision, and to
the final plat after passag~
directed to record the
Recorder
City of Iowa Cit,
Attorney, to
tify a copy of this
)roval by law. The
al documents and the
Iowa at owner's expense.
)wa, are hereby authorized and
gal documents relating
which shall be affixed to
' Clerk is also hereby further
the office of the County
Passed and approved this
day of
1996.
MAYOR
ATTEST:
CITY
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
July 12, 1996
Honorable Mayor Naomi J. Novick and Members of the City Council
Linda N. Woito, City Attorney '--~----~'~'---
Sarah E. Holecek, Assistant City Attorney ~'_~
Saddlebrook Addition, Part 1: Developer's proposal for Agreement and
Covenant in Lieu of Escrow
The Developer of Saddlebrook Addition, Part 1 has stated that meeting the general
requirement of placing a cash escrow or letter of credit with the City to ensure the completion
of sidewalks along the perimeter of Lot 4 (the manufactured housing park) and the paving of
Heinz Road extended south to the proposed East-West Parkway will jeopardize the project
through extraordinary "upfront" costs. As an alternative, the Developer has proposed to enter
into an Agreement and Covenant in Lieu of Escrow as a means of ensuring the completion of
certain public improvements within this Subdivision. Under City Code Section 14-7A-7D, the
City Council may approve a waiver or modification of a general requirement of the Subdivision
Regulations, provided that the public interest is protected and that the waiver or modification
will not nullify the purpose or intent of the Subdivision Regulations.
With regard to the extension of Heinz Road, the proposed Agreement operates as a covenant
binding and obligating the remaining, unplatted land within Sycamore Farms to install the
extension of Heinz Road south to the proposed East-West Parkway. The Agreement includes
two "triggers": first, any further development and/or subdivision of the remaining land will
require the construction of the extension for approval; additionally, should the City complete
construction of the East-West Parkway prior to such development, the owners of the
remaining property will be obligated to install Heinz Road to the Parkway.
With regard to the sidewalks along the south and east sides of Lot 4 (the manufactured
housing park), the Developer will escrow the cost and/or install the sidewalk as the park is
built out in phases.
DRAFT
053196
COVENANT IN LIEU OF ESCROW
THIS AGREEMENT AND
, 1996. by
partnership, ("Developer") and the City
WHEREAS,
/
made and entered intT/nis day of
between Lake Calv7 Properties, an Iowa general
:~wa City, 17, City"), Withesseth:
Developer is the owner of the in Exhibit "A" attached hereto,
and has applied to City for approval of the .~ livision of a part of that real estate into a
subdivision known as "Saddlebrook Additior
1, Iowa City, Iowa" (the "Subdivision"), the
legal description of which Subdivision is
"B" attached hereto; and,
WHEREAS, under the Iowa City ( Code, approval o.~final plat requires a financial guaran-
tee and/or escrow to the City,/~o ensure that public im[~rovements will be installed by the
Developer; and / ~'\
WHEREAS, SaddlebrOok Addition Part I contains unusual char~<~e~ristics such as a large tract
designated for a ~nufactured h~using development as well as a fOt~:e road extension which
leads to as y,~ndeveloped and unplatted land; and
WHERE,~Z, the City Council wishes to acknowledge Lake Calvin's prior dedication of acres of
land for preservation of wetlands, recreational and public schooling purposes; and
053196
WHEREAS, although preliminary plans call for an East-West Parkway, as part of Iowa City's
and Johnson County Council of Government's arterial street system, along the southern bound-
ary of Lot 4 of the Subdivision, the timing and exact location of such parkway are as yet
uncertain; and
WHEREAS. due to tile unusual charaferistics of the Subdivisionthe consider-
ations of pdor dedications and the uncertain location of the east-westthe requirement
of financial guarantees and/or escrows fo'~the future construction/~,fsouthern extension of
reason of excessive costs; and
WHEREAS, in lieu of requiring an escrow for
sion, the Developer has proposed to ente~
shall not only bind the Subdivision itsel~ut shall
which is beyond and outside
and which shall constitute a
obligations provided herein
;ubdivision,
running witl~
of who owns
train public improvements within the Subdivi-
agreement herein, which agreement
Iso bind land now owned by the Developers
described in Exhibit "C" attached hereto,
,aid land and shall bind said land to the
and
WHEREAS, where the ~lic interest in ensudng
will be protected, waiver of the requirement of a l
such improver will not nullify the purposes or
construction of such improvements
ncial guarantee and/or escrow for
the general requirements as
contained in Iowa City Code Title 14, Chapter 7, entitled "Land Subdivisions", the City Council
of the City of Iowa City is empowered to grant a modification of such requirements; and
2
053196
V~-IEREAS, the City Council finds that the proposed agreement protects the public interest in
ensudng the timely construction of such improvements, and the waiver of the requirement of
a financial guarantee and/or escrow for such improvements will not nullify the purposes or
intent of the general requirements as contained in Iowa City Code Title 14, Chapter 7.
THEREFORE, in consideration of the ~pproval by the City of the final plat of the Subdivision,
and the covenants and obligations of I~eloper under this agreement, D~/~(/oper and City
agree as follows:
1. ~h,~ parties acknowledge that Develop~ is the owner .of/~e real estate described in
Exhibit 'A' attached hereto, and has applied to Oly for app~v~I of the subdivision of a p~rt of
that real estate into a subdivision known as "Saddll~brook//Addition Part 1, Iowa City, Iowa (the
"Subdivision"), the legal description of which Sub/~ylsion is contained in Exhibit "B" attached
hereto. The Parties further acknowledged th~nd~er the Iowa City City Code, approval of a
final plat requires a financial guarantee and//.~'r escrov~ to the City to ensure that pubtic improve-
ments will be installed by the Develo,/~r~
/
J ~ I ' ro k Addition Part 1 contains
2 The Parties further ac~?owledge and agree that~add eDo "
unusual characteristics such' as a large tract designated f~r a manufactured housing develop-
ment as well as a futur,.e/Fi)ad extension which leads to as Y~ undeveloped and unplatted, land,
and although prel?i~ary plans call for. an East-West ParkWay, as part of Iowa City s and
Johnson Count/y/C. ouncil of Government s artedal street systed~along the southern boundary
of Lot 4 ofthe~ubdivision, the timing and exact location o_f such..)~,~kway are as yet uncertain.
Further, the Parties acknowledge and agree that the City Council wis~b, es to acknowledge Lake
3
053196
Calvin's prior dedication of acres of land for preservation of wetlands, recreational and public
schooling purposes.
3. The Parties acknowledge and agree that, due to the unusual characteristics of the
Subdivision coupled with the considerations of prior dedications and the uncedain location of
the east-west parkway, the
construction of the southern exter
adiacent to the southerly and
burden being placed on the
;ment of financial guarantees and/or escrows for the future
on of Heinz Road and the future ction of sidewalk
lines of Lot 4 of the Subdivision ults in an undue
reason of excessive costs
4. The Parties acknowledge and
escrow for certain public improvements withi
enter into a binding agreement which agreeme
shall also bind land now owned by the Develope
sion, as described in Exhibit "C" attached
with said land and shall bind said land
owns it.
in lieu of requi~ a financial guarantee and/or
the Developer has proposed to
only bind the Subdivision itself, but
hich is beyond and outside of the Subdivi-
shall constitute a covenant running
obli provided herein regardless of who
5. The Parties acknowled
construction ofsuch '
of a financial guarante~
intent of the gener;
"Land
requirements.
tee that,
public interest in ensuring the timely
~nts will be protected,
~nd/or escrow for such iml
the waiver of the requirement
will not nullify the purposes or
drements as contained in Iowa City Code Title 14, Chapter 7, entitled
the City Council of the City of Iowa City is empowered to waive such
4
053196
6. The Parties hereby acknowledge and agree that they wish to enter into an agreement
which protects the public interest in ensuring the future construction of specific improvements
in the Subdivision, subject to the following terms, covenants and conditions:
A. Extension of Heinz
(1) Subject to the A.(2), Developer ag
its successors and assigns in interes~ ~at following approval
not approve any further subdivisions, lot slits, other division'.
described in Exhibit "C" unless:
/
on behalf of itself and
ibdivision, the City will
3ment ofthe real estate
(i) The first division of such real
described in Exhibit "C" submitted to the
City for approval includes all of the un
I estate lying easterly of Heinz Road and Lot
4, northerly of the northerly line of
Water Management Easement #1,
westerly of the West line of the ~.05 feet ~
Section 25 and 26, Township ,79//North, Range
and Heinz Road, all as sho/wn on the final plat
/
/
(ii) SFc/h plat includes an extension of
from its souther!y~erminus as shown on the final plat of the
/
Temporary S~rm Water Management Easement #1, and
West One-Half of the Northeast 1/4 of
~f the 5th P.M., and southerly of Lot 2
ubdivision; and
Road along and adjacent to Lot 4
livision to the northerly line of
(iii) The legal documents for any subsequent plat, resubdivision, division or
development include a requirement that Developer or its successors in interest or assigns pave
5
053196
the Heinz Road extension in accordance with plans and specifications completed by the
Developer's engineer and approved by the City or that the Developer deposit with the City
Clerk of the City an amount equal to 110% of the cost of constructing such street extension as
determined by the City Engineer in accordance with the plans and specifications completed by
the Developer's engineer and approved by the City.
(2) In the event the
southerly boundary of the Sub~
resubdivision, division or devele
Agreement, Developer or its
demand from the City, dedicate a
and adjacent to Lot 4 for the extension
intersection with the northerly line of the
er or its successors in interest or assigns shall e
the pavement and storm sewer facilities for
and specifications completed by the
deposit with the City Clerk of the (: an amount
cause an East*West parkway to be constructed along the
sion prior to Developer's submission of a new subdivision,
nt for approval as contemplated in Paragraph I.(a) of this
,rs in interest orreceipt of written
ht-of*way, down from 100 feet, along
inz Road southerly terminus to a point of
y, and thereafter Develop-
~y grade, construct and install
Road extension in accordance with p!ans
and approved by the City, or shall
he cost of such installation
as determined by the C ty En( in accordance with the p~,s and specifications completed
by the Developer's engin and approved by the City. In the ~,vent Heinz Road extension is
· ' '~"t described in "C"
constructed in accord with this Paragraph A.(2), the rea~ esta,~, Exhibit
not included Road right-of-way dedication may be includ~in the first subdivision
of Developer's remaining real estate submitted to the City for approval.~
\
B. Lot 4 Sidewalks.
6
053196
The Parties acknowledge that Developer intends to construct a manufactured home
park on Lot 4 of the Subdivision in accordance with the final site plan for Saddlebrook Manufac-
tured Housing Park, Iowa City, Iowa, (the "Housing Park"), which site plan will be approved by
the City following the City's final plat approval of the Subdivision. The City wishes to ensure that
sufficient funds are available to
time as the East-West parkway, c
construct a sidewalk along the east:
as the Heinz Road extension is
of itself and its successors in interest,
a sidewalk along the southerly line of Lot 4 at such
other City street, is constructed adjacent thereto, and to
of Lot 4 running in a north/south di such time
acent thereto. Therefo on behalf
as follows:
(1) Manufactured home sites in the
numbered sequence, in reference to the pad
Saddlebrook Manufactured Housing Park:
follows; (ii) Lots 134 through 154; (iii)
222.
~11 be constructed in the following
contained on the final site plan for
Lots 1 through 133, then sequentially as
;Ih 173; and finally (iv) Lots 174 through
(2) Developer shall nc
construction ads on Lots 134 through 154 of the
Housing Park until Develo, p/er shall have ~ Clerk of the City either a cash
escrow or a letter of ,c)'e/~it acceptable to the City in an amo~t equal to 110% of the cost as
determined by th~,.C~ity Engineer of constructing a sidewalk, f~ur (4) feet in width, along the
north side of t~.,¥'proposed East-West parkway, or other City stree~ to be constructed along the
southerly of Lot 4 of the Subdivision adjacent to that portion 'of Lot 4 abutting Lots 134
through 154.
7
053196
(3) Developer shall not commence construction of pads on Lots 155 through 173 of the
Housing Park until Developer shall have deposited with the City Clerk of the City either a cash
escrow or a letter of credit acceptable to the City in an amount equal to 110% of the cost as
determined by the City Engineer of constructing a sidewalk, four (4) feet in width. along the
north side of the proposed East-West parkway, or other City street, to be constructed along the
southerly line of Lot 4 of the ' ' adjacent to that portion of Lot 4 abutting Lots 155
through 173.
(4) Developer shall not commence
Housing Park until Developer shall have de
escrow or a letter of credit acceptable
determined by the City Engineer of constructing
north side of the proposed East-West parkway,
southerly line of Lot 4 of the Subdivision adjace~
through 199, and until Developer shall have
cash escrow or a letter of credit acceptable
as determined by the City Engineer
part of the west side of Heinz Road
the Subdivision.
restruction of pads
ited with the Cit'
in an amo~
h 222 of the
of the City either a cash
ual to 110% of the cost as
four (4) feet in width. along the
;ity street, to be constructed along the
,at portion of Lot 4 abutting Lots 174
the City Clerk of the City either a
the City in ar
~g
constructed ac
~mount equal to 110% of the cost
4 feet in width, adjacent to that
3 the easterly line of Lot 4 of
(5) In the event
)er is in default under the I:
Paragraph B at the
time such subdivisior~,~,~subdivision. divisions or development are to the City for
approval, Developer, on behalf of itself and its successors in interest and ~signs. agrees that
the City shall not approve any further subdivision. resubdivision. divisions or development of
any of the real estate described in Exhibit "C" attached hereto not included in the Subdivision.
8
053196
(6) The Parties agree that, if the East-West Parkway has not been constructed, in ten
(10) years from the date of final plat approval of the Subdivision, the City will reassess whether
an East-West parkway or other city street(w~31~e-'located and constructed in the general area
along the south line of Lot 4 depicted in t,be preliminary plat of Saddlebr, o/~k Addition. If said
street is planned to be constructed within tle general area of said dght;of way as depicted on
, /
the preliminary plat, then any financial
of this agreement shall be retained by City
reassessment no street is planned to be
antee deposited by Dev, e~oper under paragraph B
/
he constructioy~aid sidewalk. If, upon City's
the gen.,efal area along the south line of Lot
4 as depicted on the preliminary plat of Saddle
all escrow deposited by Develop-
er under paragraph B of this agreement shall
~ed to Developer by the City.
7. Bindin.q Effect. It is the intent of the this agreement that the obligations of the
Developer shall be binding upon the/~v~eloper's Jccessors in interest and assigns, and the
obligations of this agreement shall../~ covenants ru~ ~ ing with the land and with title to the land.
Therefore, the Developer's oblig/atlons under Paragr. 6(A) and 6(B) of this agreement shall
/
be binding upon any grant/~, assign or other succes,, in interest of the Developer and shall
be a covenant running w~h the land and with title to the
in Exhibit "C", and furt.~er, this covenant shall inure to the
of the Subdivision ~sed on the sequencing, cost and dedi
and such grant?es, assigns or successors in interest shall
provisions of Paragraph B.(5) of this agreement.
/
/'
8. Mort(~a¢lee's Joinder. Iowa State Bank & Trust Cornpan!
~nd of all such real estate described
~nefit of and bind the land outside
considerations noted herein,
urther be subject to the default
lee") presently holds a first
mortgage lien on all of the real estate described in Exhibits "A" and "C" attached hereto, and
9
053196
executes this document to evidence its consent to the terms and conditions of this agreement
as it relates to the real estate within and outside of the Subdivision as noted herein.
DEVELOPER CiTY
LAKE CALVIN PROPERTIES
CITY OF IOWA CITY, IOWA
By By
James R. Miller,
General Partner
J. Novick, Mayor
By ATTEST:
Stephen F. Bright,
General Partner
Madan Karr, City Clerk
MORTGAGEE
IOWA STATE BANK
IST COMPANY
By
By
10
EXHIBIT "C"
LEGAL DESCRIPTION OF
THE PORTION OF SYCAMORE FARMS
AFTER EXHIBIT" "~~ESS EXHIBIT "B" (I.E.
REMAINS~NPLATTED!!!)
19
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240
'~ RESOLUTION NO.
RES ~J APPROVING FINAL PLAT 0F SADDLEBROOK ADDITION, PART 1, IOWA CITY,
WHEREAS, the ~ei, Lake Calvin Properties, filed with the City Clerk?~e final plat of
Saddlebrook Ad, ~, Part 1, Iowa City, Iowa, Johnson County, Iowa;/~/~ . .
WHEREAS, said ' is located on the following-described real estate in-Iowa City,
Johnson County, Iowa, wit:
A portion of NW ~A, 25; the W ½ SE ~, Section 25, the east 660.05 feet
thereof; the W ¥2 SE 'A 24 lying south of Highway (formerly Lower Muscatine
Road, forrnerl~ except the east 660.05 fe and the east 25 feet of
the E ¥~ SW %, Section 24 of said Highway 6, all located in Twp. 79 N., R.
6 W., of the 5th P.M., Iowa City, va being the same ~ described in Book 1036 - Page
193 Johnson County Re :e, described ws:
Beginning at a ¥a" rebar set markin
25;
zarter corner between said Sections 24 and
thence S 88o36'12" W- 25.00 feet ah he south line of said Section 24 to a 6/8" rebar
set at the SE corner of Bon Aire Mobile ]dge as described in Book 1035 - Page 422
and Plat Book 2 - Page 127 which j~oint harks the Point of Beginning of the parcel
herein described;
thence N 00005'24" W - 1627'.67 feet (recorded 16~ ,2.11 feet) along the west line of said
east 25 feet of th,,e E ~ SW ;/~, S;~:ti~n 24 which line ~X~lso the east boundary of said Bon
Aire realty to a 5/a rebar se.,t,/'on the southerly ROW line of§a~d Highway No 6 as described in
Book 226 - Page 515/
thence Southeasterly/'- 330.34 feet along said ROW line along a'x,5789.58 foot radius curve,
concave northeast~.(y, with acentral angle of 03016'09" and a ch~rd of S 59°25'31" E -
330.29 feet to,~/~" rebar set 60 feet normal to P.T. Sta. 288 + 1,,~
thence S 61 ,~...3'~5" E - 464.44 feet along said ROW line to a 6/6 rE set marking the
intersectio,~vvith the west line of said east 660.05 feet of the W ½ SE :tion 24;
thence S~0°17'37" W - 987.51 feet along said west line of the east 660.05 feet of the W
~ SE./~,, Section 24 to a set %" rebar;
thence N 89°51 '28" W - 263.47 feet to a %" rebar set on the easterly ROW line of Heinz
/Road;
thence Southeasterly - 223.42 feet along said ROW I!ne ,,along a 1907~O~(~Joo~t radius .c,,urve,
concave northeasterly, with a central angle of 06°42 45 and a chdfd of S 17°09'46 E -
223.29 feet to a set %" rebar;
thence S 20°31'09" E - 75.18 feet along said ROW line to a set %"
W - 100,00 feet to a %" rebar set on the west, , ROW line of said
thence S 69
Heinz Road;
thence S
thenc
with a central
rebar;
'09" E - 129.30 feet to a set %" rebar;
' 376.18 feet along a 967.00 foot radius
~f 22°17'21" and a chord of S 09°22'
thence S 01 °46'13"
thence southeasterly
with a central angle of
rebar;
thence S 67°01'36" W -
14.19 feet to a set %" re
10 feet along a
and a chord
thence westerly -- c.
a central angle of 35o31'58" and
rebar;
thence N 77026'26" W - 238.75
thence westerly -- 304.75 feet
a central angle of 11°19'11"
rebar;
concave southwesterly,
E - 373.82 feet to a set %"
feet to a
radius curve, concave northeasterly,
i'12" E - 234.18 feet to a set 6/8"
¥s" rebar;
foot radius curve, concave northerly with
of S 84°47'35" W - 889.47 feet to a set %"
set %" rebar;
a ~ foot radius curve, concave southerly, with
a chord of i'01" W - 304.25 feet to a set %"
thence N 88o45'37" W L49 feet to a set %"
thence N 00°09'02" W/ 865.42 feet to a 6/8" rebar se the north line of said NW ~,
Section 25;
thence N 88°21 'O5'~.~ - 86.03 feet along said north line Section 25 to a %"
rebar found nnarki/~g the southwest corner of said Bon Aire realty;
thencefN 838i~3ni6~'/01.2" E- 1290.05 feet along said north line of the N'~/4, Section to the
Pointo Beg'~,~ g. ~,
Said Saddle.b.{ook Addition, Part 1 contains 62.249 Acres, more or less. ~.
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 ion has been made to the public, and the subdivision has been made with
the free consent accordance with the desires of the owners and proprietors; and
WHEREAS, said final lat and subdivision are found to conform with 354, Code of
Iowa (1995) and all ;r state and local requirements.
NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF T
IOWA, THAT:
OF iOWA CITY,
The said final plat I subdivision located on
the same are hereby )proved.
real estate be and
The City accepts the
specifically sets aside
for public access at the
)tion of the streets and
ions of the dedicated la~
~e of recordin
~ernents as provided by law and
namely streets, as not being open
safety reasons.
o
The Mayor and City Clerk
directed, upon approval
to said subdivision, and to
the final plat after passage
directed to record the legal
Recorder of Johnson County, Iowa
City of Iowa, are hereby authorized and
Attotin ', to execute all legal documents relating
a copy resolution, which shall be affixed to
law. The City Clerk is also hereby further
and the plat in the office of the County
~wner's expense.
Passed and approved this
day
,1996.
ATTEST:
CITY CLERK
/
/
/
/
/
/
/
MAYOR
City
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319} 356-5240
RESOLUTION NO. 96-217
RESOLU'rlON APPROVING FINAL SITE PLAN OF LOTS 3 AND 4, SADDLEBROOK
ADDITION, PART 1, IOWA CITY, IOWA.
WHEREAS, in accordance with Iowa City Code Article 14-4D, the owner, Lake Calvin Properties, filed
with the City Clerk the final site plan of Saddlebrook, Lots 3 and 4, a Manufactured Housing Park,
Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said site plan is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
Lots 3 and 4 Saddlebrook Addition, Part 1, Iowa City, Iowa,
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final site plan, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final site plan and recommended that
said final site plan be accepted and approved; and
WHEREAS, said final site plan is found to conform with the design requirements set forth in Article
14-4D of the City Code, entitled "Manufactured Housing Parks", and all other state and local
requirements,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
The final site plan located on the above-described real estate be and the same is hereby
approved.
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 site plan,
and to certify a copy of this resolution, which shall be affixed to the final site plan after passage
and approval by law. The City Clerk is also hereby directed to record the legal documents and
the final site plan in the office of the County Recorder of Johnson County, Iowa, at the
Owner's expense.
Passed and approved this 16th day of
CORPORATE SEAL
CITY'~ER~
July ,1996.
Resolution 96-217
Page 2
It was moved by [<,hhy and seconded by
adopted, and upon-roll call there were:
Norton the Resolution be
AYES: NAYS: ABSENT:
X Baker
.. X. Kubby
X Lehman
X Norton
X Novick
...JL_. Thornberry
~{ Vanderhoef
City of Iowa City
MEMORANDUM
Date: July 11, 1996
To: City Council
From: Robert Miklo, Senior Planner
Re: SUB95-0029 Saddlebrook Addition Part One
Staff and the applicant have reached agreement regarding methods to assure the construction
of Heinz Road and the sidewalks within and adjacent to this development.
To address the need to provide a sidewalk between this development and the nearest bus
stop, the applicant has agreed to build a sidewalk adjacent to the west side of the
proposed extension of Heinz Road. The City would build a temporary sidewalk from the
intersection of Heinz Road and Highway 6 to the bus stop located to the west adjacent
to Highway 6 and the Bon Aire Mobile Home Park. The temporary walk'way would be
replaced by a permanent walkway when the trail system adjacent to Highway 6 is
developed. An estimate of the cost of the temporary sidewalk is being prepared by the
Public Works Department and should be available at the Council Work Session.
The applicant has agreed to provide escrow funds in phases for the construction of the
future sidewalk adjacent to Saddlebrook Parkway and Heinz Road on Lot 4, the actual
location of the manufactured housing park. Rather than escrow for the sidewalk
immediately the escrow funds would be placed with the City at the time the manufactured
housing pads are developed adjacent to the sidewalk location. This arrangement will
allow the applicant to place the initial 129 manufactured housing units on the site prior to
beginning the escrowing of funds.
The legal papers for the plat will contain an agreement requiring that the property owner
build or provide escrow funds for the construction of Heinz Road when the adjacent
properties now currently owned by the applicant are proposed for development by either
the current owner or future owners. Alternatively, the construction of Heinz Road or
escrow funds for its construction will be required at the time that ~addlebrook Parkway is
built adjacent to the south side of Lot 4. Thus, either further development in the area, or
the construction of the east-west parkway will "trigger" the construction of Heinz Road
extended. This should allow the City to complete the street network in the area to provide
for sufficient circulation for future development and emergency vehicles. However it does
not provide the level of assurance that an immediate escrow would.
The applicant is in agreement with these provisions and they are contained in the legal
documents for the subdivision and manufactured housing park.
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
July 12, 1996
Honorable Mayor Naomi J. Novick and Members of the City Council
Linda N, Woito, City Attorney
Sarah E, Holecek, Assistant City Attorney
Saddlebrook Addition, Part 1: Developer's proposal for Agreement and
Covenant in Lieu of Escrow
The Developer of Saddlebrook Addition, Part 1 has stated that meeting the general
requirement of placing a cash escrow or letter of credit with the City to ensure the completion
of sidewalks along the perimeter of Lot 4 (the manufactured housing park) and the paving of
Heinz Road extended south to the proposed East-West Parkway will jeopardize the project
through extraordinary "upfront" costs. As an alternative, the Developer has proposed to enter
into an Agreement and Covenant in Lieu of Escrow as a means of ensuring the completion of
certain public improvements within this Subdivision. Under City Code Section 14-7A-7D, the
City Council may approve a waiver or modification of a general requirement of the Subdivision
Regulations, provided that the public interest is protected and that the waiver or modification
will not nullify the purpose or intent of the Subdivision Regulations.
With regard to the extension of Heinz Road, the proposed Agreement operates as a covenant
binding and obligating the remaining, unplatted land within Sycamore Farms to install the
extension of Heinz Road south to the proposed East-West Parkway. The Agreement includes
two "triggers": first, any further development and/or subdivision of the remaining land will
require the construction of the extension for approval; additionally, should the City complete
construction of the East-West Parkway prior to such development, the owners of the
remaining property will be obligated to install Heinz Road to the Parkway.
With regard to the sidewalks along the south and east sides of Lot 4 (the manufactured
housing pad(), the Developer will escrow the cost and/or install the sidewalk as the park is
built out in phases.
Prepared by: Charles Schmadeke, Public Works Dir.. 410 E. Washington St., Iowa City, IA 52240 {319) 356-5141
RESOLUTION NO. 96-218
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WELL HOUSE
IMPROVEMENTS PROJECT IN CONNECTION WITH THE WATER SUPPLY AND
TREATMENT FACILITIES 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:
The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
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.
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.
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 10:30 a.m. on the 13th day of
August, 1996, Thereafter the bids will be opened by the City Engineer 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 the Council Chambers, Civic Center, Iowa
City, Iowa, at 7:00 p.m. on the 27th day of August, 1996, or at such later time and
place as may then be fixed.
Passed and approved this ~.6th day of ,l~dy , 1996.
ATTEST:_~~
CITY'CLERK
Approved by
City Attorney s ice ~,
MAYOR
Resolution No. 96-218
Page 2
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Rick Fosse, City Engineer, 41 O E. Washington St., Iowa City, IA 52240; 319-356-5143
RESOLUTION NO. 96-219
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN
AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE
SOCCER SITE ACCESS ROAD PROJECT,
WHEREAS, Peterson Contractors
the lowest responsible bid of $148,075.0O
project.
, of Reinbeck , Iowa, has submitted
for the construction of the above-named
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY,
IOWA, THAT:
The contract for the construction of the above-named project is hereby awarded to
Peterson Contractors , of Reinbeck , Iowa, subject to the
condition that awardee secure adequate performance bond, insurance certificates, and
contract compliance program statements.
The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the
construction of the above-named project, subject to the condition that awardee secure
adequate performance bond, insurance certificates, and contract compliance program
statements.
Passed and approved this 16th day of July , 1996.
CIT~CLERK
MAYOR
Ap y
~it~/Attorney s Office
It was moved by Norton and seconded by Thornberry
adopted, and upon roll call there were:
the Resolution be
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
ADVERTISEMENT FOR BIDS
Soccer Site
Access Road PROJECT
Sealed prsp~sls will be received bythe City
Clerk of the City of Iowa City, Iowa, until
10:30 A.M. on the 16th day of
_~ulv , 1996, end shall be received in the City
Clerk's office no later than said date and time.
Sealed proposals will be opened immediately
thereafter by the City Engineer. Bids submitted
by fax machine shall not be deemed a "sealed
bid" for purposes of this Project. Proposals will
be acted upon by the City Council at a meeting
to be held in the Council Chambers at
7:00 P.M. on the 16th day of
~ 1996, or at such later time and place
aa may then be scheduled.
The Project will involve the following:
Construction of a new granular surfaced
roadway of approximately 5,800 lineal feet
in length. Clearing and grading work will
include topsoil stripping, stockpiling and
replacement, excavation and placement of
compacted roadway subgrade fill, excava-
tion and shaping of drainage ditches,
furnishing and installation of drainage
culverts, installation of granular roadway
base and surface courses, seeding and
erosion control and all related incidental
items of construction.
All work ta to be done in strict compliance
with the plans and specifications prepared by
Shoemaker & Hauland Professional Engineers,
of Corelville, Iowa, 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 exe-
cuted 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, IOWA, 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 and post bond satisfactory
to the City insuring the faithful performance of
the contract and maintenance 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 until a contract is awarded,
,or a~ll ~t~.I~'d~i~n '~ mad e. Other bid bonds will
'3~rt;~tu~ s~* t~e ~nva~ and tabulation of
~s ~s ~e~d and repo~d to the CiW
~a su~ss~l bidder will be required to
~mish a bond in an amount equal to one hun-
dmd pement (100%) of ~e con~act price, said
bond to be issued by a responsible surew a~
proved by ~e C~ Council, and shall guarantee
the prompt payment of all materials and labor,
and also pmmm and ~ve harmle~ ~he CiW
from all claims and damages of any kind caused
directly or Indire~y by ~e operation of ~e
con,am, and shall also guarantee the mainte-
nance of ~e improvement for a period of one
(1) year from and aAer As completion and
formal acceptance by the CiW.
The following limi~tions shall apply to this
Proj~t:
WoAing Days: 40
Early S~A Dam: July 24, 1996
~e Stem Date: July 29, 1996
Liquidated Damages: $100.00 per day
The plans, specifications and proposed con-
~a~ documen~ may be examined at the office
of ~e CiW Clerk. Copies of said plans and
specificatlon~ and form of proposal blanks may
be secured at the Office of Shoemaker &
Healand Professional Engineers, 160 Holiday
Road, Coralville, Iowa, by bona fide biddem.
A Pr~ ~nfemnce for pr~pe~ve biddem
will be held at ~e office of Shoemaker &
Healand Profellow] Engineers, 160 Holiday
Road, Coralville, Iowa, on Tuesday, July 9 .
1996 at 10:00 a.m. Bidder8 are encouraged to
a~end to meet wi~ the design engineer and
ciw representatives to discuss proism
requirements.
Prospective biddem am advised ~at ~e CiW
of Iowa CiW d~ims m employ minoriW
convectors and subcontractors on CiW pro-
jects.
Bidders shall list on ~e Form of Pmpo~l the
names of p~rsons, firms, companies or other
pa~es w~h whom ~e bidder intends to
subcon,am. This list shall include ~e WPe of
work and approximate subcontra~ amount(s).
The Contm~or awarded the contract shall
submit a list on the Form of Contm~ of the
proposed subcon~a~ors, together with
quentin, unit pdc~ and e~ended dollar
amounts. If no minoriw busine~ enterpris~
(MBE) am utilized, the Contractor shall furnish
documen~fion of all ma~onable, good faith
effo~ to recruit MBE's.
A listing of minority contractors can be ob-
tained from the Iowa Department of Economic
Development at {515) 242-4721.
By virtue of statutory authority, preference
will be given to products and provisions grown
and coal produced within the State of Iowa,
and to Iowa domestic labor, to the extent
lawfully required under Iowa Statutes. The
Iowa Reciprocal Preference Act applies to the
contract with respect to bidders who are not
Iowa residents.
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
Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-3§6-5144
RESOLUTION NO. 96-220
RESOLUTION AWARDING CONTRACT AND AUTHORIZING IV1AYOR TO SIGN
AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE
IOWA CITY LANDFILL FORCE MAIN PROJECT.
WHEREAS, McAninch Corporation
the lowest responsible bid of $ 226,938,80
project.
, of Des Moines , Iowa, has submitted
for the construction of the above-named
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The contract for the construction of the above-named project is hereby awarded to
McAninch Corporation , of Des Moines , Iowa, subjecttothe
condition that awardee secure adequate performance bond, insurance certificates, and
contract compliance program statements.
The Mayor is hereby authorized to sigh and the City Clerk to attest the contract for the
construction of the above-named project, subject to the condition that awardee secure
adequate performance bond, insurance certificates, and contract compliance program
statements.
Passed and approved this 16th day of Juicy , 1996.
MAYOR
CITY CLERK
~ity Attorney's Office
It was moved by Kubby and seconded by
adopted, and upon rolm calm there were:
Vand~rh~f the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
,X
Baker
Kubby
Lehman
Norton
Novick
__ Thornberry
Vanderhoef
'Green Company
ADVERTISEI~ENT FOR BIDS
LEACHATE FORCEMAIN PROJECT
CITY OF IOWA CITY, IOWA CITY. IOWA
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 16th day of July, 1996. and shall be
received in b~e City Clerk's office no later than
said date and time. Sealed proposals will be
opened immediately thereafter by the City
Engineer. Bids submitted by fax machine shall
not be deemed a 'sealed bid' for purposes of this
Project. Proposals will be acted upon by the City
Council at a meeting to be held in the Council
Chambers at 7:00 P.M. on July 16, 1996, or at
such later time and place as may then be
scheduled.
The Project will involve the following:
Leachate Fome Main Project
City of Iowa City, Iowa City, Iowa
1996.
All work is to be done in stdct compliance with
the plans and speofications prepared by Howard
R. Green Company, P.O. Box 9009, Cedar
Rapids, Iowa 52409-9009 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 erlvelope, 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, IOWA, 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 and post bond satisfactory to the City
insudng the faithful performance of the contract
and maintenance of said Project, if required,
pursuant to the provisions of this notice and
theother contract documents. Bid bonds ofthe
lowest two or more bidders may be retained for a
period of not to exceed fifteen (15) calendar
days until a contract is awarded, 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
_,m
furnish a bond in an amount equal to one
hundred percent (100%) of the contract price,
said bond to be issued by a responsible surety
approved by the City Council, 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.
The following limitations shall apply to this
Project.
Completion Date: September 30, 1996
Liquidated Damages: $200.00 per 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 Howard R. Green
Company, Consulting Engineers, P.O. Box 9009,
Cedar Rapids, Iowa 52409-9009 by bona fide
bidders.
A $75.00 deposit ~s 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 Howard R.
Green Company. A refund of $25.00 per set will
be given upon return of sa{d plans and
specifications in good and usable condition
within 10 days after the receiving of bids.
Prospective bidders are advised that the City
of Iowa City desires to employ minority
contractors and subcontractors on City projects.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to
subcontract This list shall include the type of
work and approximate subcontract amount(s).
The Contractor awarded the contract shah
submit a list on the Form of Agreement of the
proposed subcontractors, together with
quantities, unit prices and extended dollar
amounts. If no minodty business enterprises
(MBE) are utilized, the Contractor shall furnish
documentation of all reasonable, good faith
efforts to recruit MBE's.
A listing of mintdry contractors is available at
the City, and can be obtained from the Human
Rights Coordinator at the Iowa City Civic Center
by calling 319-356-5022.
~,~;A~E.R. TiS E ME NT,Fr, m c,~.
~hate Forcemaia_P_mJ]~
By virtue of statutory authority, preference will
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully
required under Iowa Statutes. The Iowa
Reciprocal Preference Act, Section 23.21, Code
of Iowa (1991), applies to the contract with
respect to bidders who are not Iowa residents.
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
--A~vERTISEM~NT FOR BID'8
Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5144
RESOLUTION NO. 96-221
RESOLUTION AWARDING CONTRACT AND AUTHORIZING NIAYOR TO SIGN
AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE
ABBEY LANE SANITARY SEWER PROJECT,
WHEREAS, I~urst & $nn~ £nntrartnrs, of
the lowest responsible bid of 8 104,766.00
project.
WatPrl nn , Iowa, has submitted
for the construction of the above-named
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The contract for the construction of the above-named project is hereby awarded to
Hurst & Sons Contractors ,of Waterloo ,Iowa, subject to the
condition that awardee secure adequate performance bond, insurance certificates, and
contract compliance program statements.
The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the
construction of the above-named project, subject to the condition that awardee secure
adequate performance bond, insurance certificates, and contract compliance program
statements.
Passed and approved this 16th day of July , 1996.
MAYOR
Approved by
rney'; Office
It was moved by ThnrnhPrry and seconded by
adopted, and upon roll call there were:
Norton
AYES: NAYS: ABSENT:
X
X
X
X
X
X
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
ADVERTISEMENT FOR BIDS
ABBEY LANE SANITARY TRUNK SEWER
IN THE CITY OF IOWA CITY, IOWA
Sealed proposals will be received by the C~
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 16 th day of July, 1996, and shall be
received in the City Clerk's office no later thar~.
said date and time. Sealed proposals will be
opened immediately thereafter by the City Engi-
neer. Bids submitted by fax machine shall not be
deemed a Dsealed bid'~ for purposes of this
Project. Proposals will be acted upon by the City
Council at a meeting to be held in the Council
Chambers at 7:00 P.M. on the 16 th day of July,
1996, or at such later time and place as may
then be schedu!ed.
The Sanitary Sewer Project will involve the
installation of approximately 600 lineal feet of 30-
inch diameter RCP sanitary sewer pipe, 100 feet
of 20-inch DIP sanitary sewer pipe, 75 feet of 18-
inch RCP sanitary sewer pipe with a creek cross-
ing and other incidental work.
All work is to be done in strict compliance with
the plans and specifications prepared by MMS
CONSULTANTS, of Iowa City, Iowa, 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 shafl 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, IOWA, 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 and posl bond satisfactory to the City
insuring the faithful performance of the contract
and maintenance 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 until a contract is awarded, 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 hun-
dred percent (100%) of the contract price, said
bond to be issued by a responsible surety
proved by the City Council, and shall guarantee
tb,,e .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 mainte-
nance of the improvement for a period of two (2)
year(s) from and after its completion and formal
acceptance by the City.
The following limitations shall apply to this
Project:
Working Days: 40
Early Star~ Date: July 29, 1996
Late Start Date: August 19, 1996
Liquidated Damages: $450 per day
The plans, specifications and proposed con-
tract documents may be examined at the office of
the City Clerk. Copies of said plans and specifi-
cations and form of proposal blanks may be
secured at the Office of MMS Consultants, Inc.,
1917 South Gilbert St., Iowa City, IA, 52240, by
bona fide bidders at no cost.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects.
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. Th~s 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 Contract of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts. If no
minority business enterprises (MBE) are utilized,
the Contractor shall furnish documentation of all
reasonable, good faith efforts to recruit MBE's.
A listing of minority contractors is available at
the City, and can be obtained from the Human
Rights Coordinator at the Iowa City Civic Center
by calling 319/356-5022.
By virtue of statutory authority, preference will
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
Preference Act applies to the contract with re-
spect to bidders who are not Iowa residents.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irmgular'~ies.
Published upon order of the City Council of
Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
rr J.
Prepared by; Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240
(319) 356-5242
RESOLUTION NO. 96-222
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-TO-AGENCY
FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: BIG
BROTHERS AND BIG SISTERS ($33,600); CRISIS CENTER (933,000);
DOMESTIC VIOLENCE INTERVENTION PROGRAM ($46,000); EMERGENCY
HOUSING PROJECT ($7,500); IOWA CENTER FOR AIDS RESOURCES AND
EDUCATION (99,200); MAYOR'S YOUTH EMPLOYMENT (936,000);
NEIGHBORHOOD CENTERS OF JOHNSON COUNTY (949,000); RAPE VICTIM
ADVOCACY PROGRAM ($12,500); AMERICAN RED CROSS (94,510); AND
UNITED ACTION FOR YOUTH (930,240).
WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist and
support its residents; and
WHEREAS, the City Council of Iowa City, Iowa, recognizes the need for human service
support in the Iowa City community; and
WHEREAS, the City of Iowa C~ty, Iowa, is empowered by the State law to enter into such
contracts and agreements; and
WHEREAS, the City of Iowa City, Iowa has negotiated funding agreements with Big Brothers
and Big Sisters; the Crisis Center; the Domestic Violence Intervention Program; the Emergency
Housing Project; Iowa Center for AIDS Resources and Education; Mayor's Youth Employment;
Neighborhood Centers of Johnson County; Rape Victim Advocacy Program; American Red
Cross; and United Action for Youth.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Funding Agreements between the City of Iowa City and Big Brothers and Big
Sisters; the Crisis Center; the Domestic Violence Intervention Program; the Emergency
Housing Project; Iowa Center for AIDS Resources and Education; Mayor's Youth
Employment; Neighborhood Centers of Johnson County; Rape Victim Advocacy
Program; American Red Cross; and United Action for Youth, copies of which are
attached hereto and made a part hereof by this reference, are hereby approved.
The Mayor is hereby authorized to execute and the City Clerk to attest said
Agreements.
Resolution No, 96-222
Page 2
Passed and approved this 16th day of July
,1996.
A~oved by ~
City Attorney's Office
It was moved by Kubby and seconded by
adopted, end upon roll call there were:
Lehman
AYES: NAYS: ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Venderhoer
Prepared by: Linda Severson. Human Sen/ices Coordinator, 410 E. Washington St., Iowa City, IA 52240; (319)356-
5242
AGREEMENT
THIS AGREEMENT, made and entered intoonthis 16th dayof July
by and between the City of Iowa City, Iowa, a municipal corporation
Brothers/Big Sisters of Johnson County ("Recipient").
,1996,
("City"), and Big
This Agreement shall be subject to the following terms and conditions, to-wit:
1. Recipient shall not permit any of the following practices:
To discharge from employment or refuse to hire any individual because of their
race, creed, color, national origin, religion, age, sex, madtal status, sexual
orientation, disability, handicap status, or gender -i dent'i t.y,
b. To discriminate against any individual in terrns, conditions, or privileges of
employment because of their race, creed, color, national origin, religion, age,
¥~ rParital status, sexual orientation, disability, handicap status, or gender
2. Recipient shall not deny to any person its services on the basis of race, creed, color,
national origin, religion, age, sex, madtal status, sexual orientation, disability, gender
'i dent,'i t~, or- handicap status. All current and prospective project beneficiaries must, however, be
persons in need of the programs provided by the Recipient.
I. SCOPE OF SERVICES
During the term of this Agreement, Recipient agrees to provide a program whereby youths
between 6 and 14 years of age are matched with adult volunteers who will provide guidance
and companionship. Details of services to be provided are outlined in the Recipient's Program
Information and Goals and Objectives Statement for FY97.
II. FUNDING
As its sole obligation under this Agreement, the City shall pay to Recipient the
sum of $33,600 to assist Recipient in paying the salades of the Executive
Director and Caseworkers of the Big Brothers/Big Sisters Program.
The City shall transfer the funds to Recipient in quarterly payments of $8,400.00
each. The first payment will be made on July 15, 1996. Subsequent payments
will be made on the 15th day of the month following the end of each calendar
quarter.
111. GENERAL ADMINISTRATION
On or before the 15th day of the month following the end of each calendar
quarter, Recipient will submit to the City copies of all board minutes, a quarterly
accounting and a quarterly program report.
On or before July 30, 1997, Recipient will provide to the City an annual
accounting report describing, at a minimum, the uses of funds received
hereunder.
Duly authorized representatives of the City shall at all reasonable times, have
access to and the dght to inspect, copy, audit and examine all financial books,
records, and other documents of Recipient, and to make site visits and survey
participants in order to evaluate and monitor the Recipienrs programs. No
report or publication resulting from any such inspection, audit, examination, site
visit or survey shall disclose the name or other identifying information conceming
persons using Recipienrs services. Site visits and participant surveys shall be
done only after consultation with Recipient's director regarding the methods used
in such visits and surveys.
The City's sole responsibility hereunder shall be to provide the funds to Recipient
in accordance with the terms of this Agreement. Nothing contained in this
Agreement, nor any act or omission of the Recipient or the City, shall be
construed to create any special duty, relationship, third-party beneficiary,
respondeat superior, limited or general partnership, joint venture, or any
association by reason of the Recipient's involvement with the City. Further,
neither the City nor any officer, employee, or agent of the City shall have
authority to direct the manner or means by which Recipient conducts its
activities.
E. This contract may be terminated upon 30 days wdtten notice by either party.
IV. TERM
This Agreement shall commence upon execution by the parlies and shall terminate on June
30, 1997, except as provided herein.
V. ASSIGNMENT
This Agreement may not be assigned by either party without priorwd~en agreement ofthe
other party.
For the City of Iowa City, Iowa:
NAOMI J. N{)VICI~, MAYOR
ATTEST:
MARTAN K. KARR, CITY CLERK
A/~oved astern
City Attorney's Office
contract~bb-bs
For Big Brothers/Big Sisters
of Johnson County:
TITLE
Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240; (319)356-
5242
AGREEMENT
THIS AGREEMENT, made and entered intoonthis 16th dayof July ,1996,
by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Crisis
Center ("Recipient").
This Agreement shall be subject to the following terms and conditions, to-wit:
1. Recipient shall not permit any of the following practices:
To discharge from employment or refuse to hire any individual because 0ftheir
race, creed, color, national origin, religion, age, sex, madtal status, sexual
orientation, disability, handicap status, or gender 'identity,
b. To discriminate against any individual in terms, conditions, or privileges of
emp!oyment because of their race, creed, color, national origin, religion, age,
sex, marital status, sexual orientation, disability, handicap status, or §ender
i denti ty.
2. Recipient shall not deny to any person its services on the basis of race, creed, co)or,
national origin, religion, age, sex, madtal status, sexual orientation, disability, gender'
'identit.y Orhandicap status. All current and prospective project beneficiaries must, however, be
persons in need of the programs provided by the Recipient.
I. SCOPE OF SERVICES
During the term of this Agreement, Recipient shall provide assistance to individuals, including
but not limited to: shod-term cdsis counseling, and information and referral services;
emergency transportation and food for local residents; and assistance with emergency shelter,
food and transportation for non-residents of the Iowa City area. Details of the services to be
provided are outlined in the Recipient's Program Information and Goals and Objectives
Statement for FY97.
II. FUNDING
As its sole obligation under this Agreement, the City shall pay to Recipient the
sum of $33,000 to assist Recipient in meeting its expenses for operation of the
programs described herein.
The City shall transfer the funds to Recipient in quarterly payments of $8,250.00
each. The first payment will be made on July 15, 1996. Subsequent payments
will be made on the 15th day of the month following the end of each calendar
quader.
2
Ill. GENERAL ADMINISTRATION
On or before the 15th day of the month following the end of each calendar
quarter, Recipient will submit to the City copies of all board minutes, a quarterly
accounting and a quarterly program report.
On or before July 30, 1997, Recipient will provide to the City an annual
accounting report describing, at a minimum, the uses of funds received
hereunder.
Duly authorized representatives of the City shall at all reasonable times, have
access to and the right to inspect, copy, audit and examine all financial books,
records, and other documents of Recipient, and to make site visits and survey
participants in order to evaluate and monitor the Recipient's programs. No
report or publication resulting from any such inspection, audit, examination, site
visit or survey shall disclose the name or other identifying information concerning
persons using Recipient's services. Site visits and participant surveys shall be
done only after consultation with Recipient's director regarding methods used in
said visits and surveys.
The City's sole responsibility hereunder shall be to provide the funds to Recipient
in accordance with the terms of this Agreement. Nothing contained in this
Agreement, nor any act or omission of the Recipient or the City, shall be
construed to create any special duty, relationship, third-party beneficiary,
respondeat superior, limited or general partnership, joint venture, or any
association by reason of the Recipient's involvement with the City. Further,
neither the City nor any officer, employee, or agent of the City shall have
authority to direct the manner or means by which Recipient conducts its
activities.
E. This contract may be terminated upon 30 days written notice by either party.
IV. TERM
This Agreement shall commence upon execution by the parties and shall terminate on June
30, 1997, except as provided herein.
V. ASSIGNMENT
This Agreement may not be assigned by either party without prior written agreement of the
other party.
3
For the City of Iowa City, Iowa:
NAO[v11 J. NO..~/ICK[ MAYOR
ATTEST:
MARl-AN K. KARR, CITY CLERK
A/~roved as to Form
City Attorney's Office
contract~ccic
For the Crisis Center:
NAME
TITLE
ATTEST:
TITLE
Prepared by: Linda Severson, Human Services Coordinator. 410 E. Washington St., iowa City, IA 52240; (319)356-
5242
AGREEMENT
THIS AGREEMENT, made and entered into on this 16th day of Jul y ,1996,
by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Domestic
Violence Intervention Program ("Recipient").
This Agreement shall be subject to the following terms and conditions, to-wit:
1. Recipient shall not permit any of the following practices:
To discharge from employment or refuse to hire any individual because of their
race, creed, co!or, national origin, religion, age, sex, madtal status, sexual
orientation, disability. handicap status, or gender 'identity.
b. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, creed, color, national origin, religion, age,
sex, madtal status, sexual orientation, disability, handicap status, or gender
identity.
2. Recipient shall not deny to any person its services on the basis of race, creed, color,
national odgin, religion, age, sex, madtal status, sexual orientation, disability, gender
identity or handicap status. All current and prospective project beneficiaries must, however, be
persons in need of the programs provided by the Recipient.
I. SCOPE OF SERVICES
Dudng the term of this Agreement, Recipient shall provide assistance to individuals who are
victims of domestic violence, such assistance to include but not be limited to: temporary shelter
and food, counseling and emotional support, and advocacy in referral to community resoumes.
Details of the services to be provided are outlined ~n the Recipient's Program Information and
Goals and Objectives Statement for FY97.
II. FUNDING
As its sole obligation under this Agreement, the City shall pay to Recipient the
sum of $46,000 to assist Recipient in meeting its operating expenses.
The City shall transfer the funds to Recipient in quarterly payments of
$11,500.00 each. The first payment will be made on July 15, 1996. Subsequent
payments will be made on the 15th day of the month following the end of each
calendar quarter.
III. GENERAL ADMINISTRATION
On or before the 15th day of the month following the end of each calendar
quarter, Recipient will submit to the City copies of all board minutes, a quarterly
accounting and a quarterly program report.
On or before July 30, 1997, Recipient will provide to the City an annual
accounting report describing, at a minimum, the uses of funds received
hereunder.
Duly authorized representatives of the City shall at all reasonable times, have
access to and the right to inspect, copy, audit and examine all financial books,
records, and other documents of Recipient, and to make site visits and survey
participants in order to evaluate and monitor the Recipient's programs. No
report or publication resulting from any such inspection, audit, examination, site
visit or survey shall disclose the name or other identifying information concerning
persons using Recipient's services. Site visits and participant surveys shall be
done only after consultation with Recipienrs director regarding methods used in
said visits and surveys.
The City's sole responsibility hereunder shall be to provide the funds to Recipient
in accordance with the terms of this Agreement. Nothing contained in this
Agreement, nor any act or omission of the Recipient or the City, shall be
construed to create any special duty, relationship, third-party beneficiary,
respondeat superior, limited or general partnership, joint venture, or any
association by reason of the Recipient's involvement with the City. Further,
neither the City nor any officer, employee, or agent of the City shall have
authority to direct the manner or means by which Recipient conducts its
activities.
E. This contract may be terminated upon 30 days written notice by either party.
IV. TERM
This Agreement shall commence upon execution by the parties and shall terminate on June
30, 1997, except as provided herein.
V. ASSIGNMENT
This Agreement may not be assigned by either party without prior written agreement of the
other party.
For the City of Iowa City, Iowa:
.A~M~ J.~VICK, MAYO.
ATTEST:
MARl'AN K. KARR, CITY CLERK
City Attorney's Office
For the Domestic Violence
Intervention Program:
NAME
TITLE
ATTEST:
TITLE
contract\dvip
Prepared by: Linda Severson, Human Services Coordinator, 410 E, Washington St., Iowa City. IA 52240
(319) 356-5242
AGREEMENT
THIS AGREEMENT, made and entered into on this ].6th day of Ou].y ,1996,
by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the
Emergency Housing Project ("Recipient").
This Agreement shall be subject to the following terms and conditions, to-wit:
1. Recipient shall not permit any of the following practices:
To discharge from employment or refuse to hire any individual because of their
race, creed, color, national origin, religion, age, sex, marital status, sexual
orientation, disability, handicap status, Or gender identity.
identity or
b. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, creed, color, national origin, religion, age,
sex, marital status, sexual orientation, disability, - handicap status, or gender
i denti ty.
Recipient shall not deny to any person its services on the basis of race, creed, color,
national origin, religion, age, sex, marital status, sexual orientation, disability, gender
handicap status. All current and prospective project beneficiaries must, however, be
persons in need of the programs provided by the Recipient.
I. SCOPE OF SERVICES
During the term of this Agreement, Recipient shall provide assistance to homeless persons,
both local and transient, including but not limited to: temporary emergency shelter and food,
and referral to community resources. Details of the servicesto be provided are outlined in the
Recipient's Program Information and Goals and Objectives Statement for 1997.
11. FUNDING
As its sole obligation under this Agreement, the City shall pay to Recipient the
sum of $7,500 to assist Recipient in meeting its operating expenses.
The City shall transfer the funds to Recipient in quarterly payments of
$1,875.O0 each. The first payment will be made on July 15, 1996.
Subsequent payments will be made on the 15th day of the month following the
end of each calendar quarter.
I11. GENERAL ADMINISTRATION
On or before the 15th day of the month following the end of each calendar
quarter, Recipient will submit to the City copies of all board minutes, a quarterly
accounting and a quarterly program report,
On or before July 30, 1997, Recipient will provide to the City an annual
accounting report describing, at a minimum, the uses of funds received
hereunder.
Duly authorized representatives of the City shall at all reasonable times, have
access to and the right to inspect, copy, audit and examine all financial books,
records, and other documents of Recipient, and to make site visits and survey
participants in order to evaluate and monitor the Recipient's programs. No
report or publication resulting from any such inspection, audit, examination, site
visit or survey shall disclose the name or other identifying information
concerning persons using Recipient's services. Site visits and participant
surveys shall be done only after consultation with Recipient's director regarding
methods used in said visits and surveys.
The City's sole responsibility hereunder shall be to provide the funds to
Recipient in accordance with the terms of this Agreement. Nothing contained
in this Agreement, nor any act or omission of the Recipient or the City, shall be
construed to create any special duty, relationship, third-party beneficiary,
respondeat superior, limited or general partnership, joint venture, or any
association by reason of the Recipient's involvement with the City. Further,
neither the City nor any officer, employee, or agent of the City shall have
authority to direct the manner or means by which Recipient conducts its
activities.
E. This contract may be terminated upon 30 days written notice by either party.
IV. TERM
This Agreement shall commence upon execution by the parties and shall terminate on June
30, 1997, except as provided herein.
3
V. ASSIGNMENT
This Agreement may not be assigned by either party without prior written agreement of the
other party.
For the City of Iowa City, Iowa:
NAO~/11J. t~,pVl~K, MAYOR
ATTEST:
For the Emergency Housing Project:
TITLE
proved as to Form
City Attorney's Office
ATTEST:
contracl\ehp
Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319)
356-5242
AGREEMENT
THIS AGREEMENT, made and entered into onthis 16th day of July ,1996,
by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Iowa
Center for AIDS/ARC Resources & Education ("Recipient").
This Agreement shall be subject to the following terms and conditions, to-wit:
1. Recipient shall not permit any of the following practices:
To discharge from employment or refuse to hire any individual because of their
race, creed, color, national origin, religion, age, sex, madtal status, sexual
orientation, disability, handicap status , or gender identity.
b. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, creed, color, national origin, religion, age,
sex, marital status, sexual orientation, disability, , handicap status, or gender
identity.
2. Recipient shall not deny to any person its services on the basis of race, creed, color,
national origin, religicn, age, sex, marital status, sexual orientation, disability, gender
identity orhandicap status. All current and prospective project beneficiaries must, however, be
persons in need of the programs provided by the Recipient.
I. SCOPE OF SERVICES
During the term of this Agreement, Recipient shall provide assistance to individuals with HIV
seropositivity (HIV) orAlDS, and to their families and loved ones. This assistance shall include
emotional, financial and material support. Recipient shall also provide educational services and
materials to the general community, high dsk groups, and persons with HIV or AIDS to increase
awareness and decrease high dsk behaviors. Details of the services to be provided are
outlined in the Recipienrs Program Information and Goals and Objectives Statement for FY97.
II. FUNDING
As its sole obligation under this Agreement, the City shall pay to Recipient the
sum of $9,200 to assist Recipient in meeting its operating expenses.
The City shall transfer the funds to Recipient in quarterly payments of $2300.00
each. The first payment will be made on July 15, 1996. Subsequent payments
will be made on the 15th day of the month following the end of each calendar
quarter
2
III. GENERAL ADMINISTRATION
On or before the 15th day of the month following the end of each calendar
quarter, Recipient will submit to the City copies of all board minutes, a quarterly
accounting and a quarterly program report.
On or before July 30, 1997, Recipient will provide to the City an annual
accounting report describing, at a minimum, the uses of funds received
hereunder.
Duly authorized representatives of the City shall at all reasonable times, have
access to and the dght to inspect, copy, audit and examine all financial books,
records, and other documents of Recipient, and to make site visits and survey
participants in order to evaluate and monitor the Recipienrs programs. No
report or publication resulting from any such inspection, audit, examination, site
visit or survey shall disclose the name or other identifying information concerning
persons using Recipient's services. Site visits and participant surveys shall be
done only after consultation with Recipient's director regarding methods used in
said visits and surveys.
The City's sole responsibility hereunder shall be to provide the funds to Recipient
in accordance with the terms of this Agreement. Nothing contained in this
Agreement, nor any act or omission of the Recipient or the City, shall be
construed to create any special duty, relationship, third-party beneficiary,
respondeat superior, limited or general partnership, joint venture, or any
association by reason of the Recipienrs involvement with the City. Further,
neither the City nor any officer, employee, or agent of the City shall have
authority to direct the manner or means by which Recipient conducts its
activities.
E. This contract may be terminated upon 30 days written notice by either party.
IV. TERM
This Agreement shall commence upon execution by the parties and shall terminate on June
30, 1997, except as provided herein.
3
V. ASSIGNMENT
For the City of Iowa City, Iowa:
NAOI~11 J. N~/ICI~, MAYOR
This Agreement may not be assigned by either party without prior written agreement of the
other party.
For the Iowa Center for
AIDS/ARC Resources & Education:
NAME
A'I-fEST:
· KARR, CITY CLERK
TITLE
City Attorney's Office
A'I-rEST:
NAME
Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319)
356-5242
AGREEMENT
THIS AGREEMENT, made and entered into on this. ]6th day of July ,1996,
by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Mayor's
Youth Employment Program ("Recipient").
This Agreement shall be subject to the following terms and conditions, to-wit:
Recipient shall not permit any of the following practices:
To discharge from employment or refuse to hire any individual because of their
race, creed, color, national origin, religion, age, sex, marital status, sexual
orientation, disability, handicap status, or gender identity.
identity
or
b. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, creed, color, national origin, religion, age,
sex, marital status, sexual orientation, disability, . handicap status, or gender
i denti ty.
Recipient shall not deny to any person its services on the basis of race, creed, color,
national origin, religion, age, sex, marital status, sexual orientation, disability, gender
handicap status. All current and prospective project beneficiaries must, however, be
persons in need of the programs provided by the Recipient.
I. SCOPE OF SERVICES
During the term of this Agreement, Recipient agrees to provide meaningful employment within
public and private non-profit agencies for youth between the ages of 14 and 21 who are socially
or economically disadvantaged. Recipient shall also provide job training, vocational and career
counseling, and related assistance to youth to develop positive work habits so that future
employment opportunities will be enhanced. Recipient agrees to refer youth to appropriate
agencies and programs in accordance with their needs. Recipient also agrees to assist youth
who are not eligible for its programs to secure employment in the pdvate sector through
referral. Details of these services are outlined in Recipient's Information and Goals and
Objectives Statement for FY97.
II. FUNDING
As its sole obligation under this Agreement, the City shall pay to Recipient the
sum of $36,000 to assist Recipient in meeting its expenses for the operation of
the programs described herein.
The City shall transfer the funds to Recipient in quarterly payments of $9,000.00
each. The first payment will be made on July 15, 1996. Subsequent payments
will be made on the 1 5th day of the month following the end of each calendar
quarter.
2
III. GENERAL ADMINISTRATION
On or before tl~e 15th day of the month following the end of each calendar
quarter, Recipient will submit to the City copies of all board minutes, a quarterly
accounting and a quarterly program report.
On or before July 30, 1997, Recipient will provide to the City an annual
accounting report describing, at a minimum, the uses of funds received
hereunder.
Duly authorized representatives of the City shall at all reasonable times, have
access to and the dght to inspect, copy, audit and examine all financial books,
records, and other documents of Recipient, and to make site visits and survey
padicipants in order to evaluate and monitor the Recipient's programs. No
report or publication resulting from any such inspection, audit, examination, site
visit or survey shall disclose the name or other identifying information concerning
persons using Recipienrs services. Site visits and participant surveys shall be
done only after consultation with Recipienrs director regarding methods used in
said visits and surveys.
The City's sole responsibility hereunder shall be to provide the funds to Recipient
in accordance with the terms of this Agreement. Nothing contained in this
Agreement, nor any act or omission of the Recipient or the City, shall be
construed to create any special duty, relationship, third-party beneficiary,
respondeat superior, limited or general partnership, joint venture, or any
association by reason of the Recipient's involvement with the City. Further,
neither the City nor any officer, employee, or agent of the City shall have
authority to direct the manner or means by which Recipient conducts its
activities.
E. This contract may be terminated upon 30 days written notice by either party.
IV. TERM
This Agreement shall commence upon execution by the parties and shall terminate on June
30, 1997, except as provided herein.
V. ASSIGNMENT
This Agreement may not be assigned by either party without prior wdtten agreement of the
other party.
For the Mayor's Youth
For the City of Iowa City, Iowa: Employment Program:
City Attorney's Office
TITLE
ATTEST:
MARIAN K. KARR, CITY CLERK
ATTEST:
NAME
Prepared by: Linda Severson. Human Services Coordinator. 410 E Washington St.. Iowa City. IA 52242 (319)
356-5242
AGREEMENT
THIS AGREEMENT, made and entered into on this 16th dayof July ,1996,
by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and Neighborhood
Centers of Johnson County ("Recipient").
This Agreement shall be subject to the following terms and conditions, to-wit:
1. Recipient shall not permit any of the following practices:
To discharge from employment or refuse to hire any individual because of their
race, creed, color, national origin, religion, age, sex, madtal status, sexual
orientation, disability, handicap status, or gender identity.
b. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, creed, color, national odgin, religion, age,
sex, marital status, sexual orientation, disability, handicap status, or' gender
i denti ty.
2. Recipient shall not deny to any person its services on the basis of race, creed, color,
national odgin, religion, age, sex, marital status, sexual orientation, disability, gender'
'identity or handicap status. All current and prospective project beneficiaries must, however, be
persons in need of the programs provided by the Recipient.
I. SCOPE OF SERVICES
Dudng the term of this Agreement, Recipient agrees to enhance a spidt of community and
provide a wholesome environment by providing a recreational and community support program
to residents of the Pheasant Ridge and Broadway Street neighborhoods, as detailed in the
Recipient's Program Information and Goals and Objectives Statement for FY97.
II. FUNDING
As its sole obligation under this Agreement, the Qty shall pay to Recipient the
sum of $49,000 which shall be allocated for operating expenses of the programs
of the Pheasant Ridge and Broadway Street Neighborhood Centers.
The City shall transfer the funds to Recipient in quarterly payments of $12,250-
.00 each. The first payment will be made on July 15, 1996. Subsequent
payments will be made on the 15th day of the month following the end of each
calendar quarter.
2
III. GENERAL ADMINISTRATION
On or before the 15th day of the month following the end of each calendar
quarter, Recipient will submit to the City copies of all board minutes, a quarterly
accounting and a quarterly program report.
On or before July 30, 1997, Recipient will provide to the City an annual
accounting report describing, at a minimum, the uses of funds received
hereunder.
Duly authorized representatives of the City shall at all reasonable times, have
access to and the right to inspect, copy, audit and examine all financial books,
records, and other documents of Recipient, and to make site visits and survey
participants in order to evaluate and monitor the Recipient's programs. No
report or publication resulting from any such inspection, audit, examination, site
visit or survey shall disclose the name or other identifying information c0nceming
persons using Recipient's services. Site visits and participant surveys shall be
done only after consultation with Recipient's director regarding methods used in
said visits and surveys.
The City's sole responsibility hereunder shall be to provide the funds to Recipient
in accordance with the terms of this Agreement. Nothing contained in this
Agreement, nor any act or omission of the Recipient or the City, shall be
construed to create any special duty, relationship, third-party beneficiary,
respondeat superior, limited or general partnership, joint venture, or any
association by reason of the Recipient's involvement with the City. Further,
neither the City nor any officer, employee, or agent of the City shall have
authority to direct the manner or means by which Recipient conducts its
activities.
E. This contract may be terminated upon 30 days wdtten notice by either party.
IV. TERM
This Agreement shall commence upon execution by the parties and shall terminate on June
30, 1997, except as provided herein.
3
V. ASSIGNMENT
This Agreement may not be assigned by either party without prior written agreement of the
other party.
For the City of Iowa City, Iowa:
NAOI~,11 J. NOVICe, MAYOR
ATTEST:
RR, CITY CLERK
For Neighborhood Centers of
Johnson County:
TITLE
City Attorney's Office
A'I-rEST:
NAME
scoJ,
TITLE
Prepared by: Linda Severson. Human Services Coordinator. 410 E. Washington St.. iowa City. IA 52240 (319)
356-5242
AGREEMENT
THIS AGREEMENT, made and entered into on this 16th day of July ,1996,
by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Rape
Victim Advocacy Program ("Recipient").
This Agreement shall be subject to the following terms and conditions, to-wit:
1. Recipient shall not permit any of the following practices:
To discharge from employment or refuse to hire any individual because of their
race, creed, color, national odgin, religion, age, sex, marital status, sexual
orientation, disability, handicap status, or gender identity.
b. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, creed, color, national origin, religion, age,
sex, marital status, sexual orientation, disability, - handicap status, or gender
identity.
2. Recipient shall not deny to any person its services on the basis of race, creed, color,
national origin, religion, age, sex, marital status, sexual orientation, disability, gender
identity or handicap status. All current and prospective project beneficiaries must, however, be
persons in need of the programs provided by the Recipient.
I. SCOPE OF SERVICES
During the term of this Agreement, Recipient will provide emergency services for all victims of
sexual assault, including counseling, medical and law enforcement advocacy intervention, and
referral to other agencies. Community education will be provided, including current statistics
and information on sexual cdmes and prevention. Details of the services to be provided are
outlined in the Recipient's Program Information and Goals and Objectives Statement for FY97.
II FUNDING
As its sole obligation under this Agreement, the City shall pay to Recipient the
sum of $12,500 to assist Recipient in meeting its expenses for operation of the
programs described herein.
The City shall transfer the funds to Recipient in quarterly payments of $3,125.00
each. The first payment will be made on July 15, 1996. Subsequent payments
will be made on the 15th day of the month following the end of each calendar
quarter.
2
III. GENERAL ADMINISTRATION
On or before the 15th day of the month following the end of each calendar
quarter, Recipient will submit to the City copies of all board minutes, a quarterly
accounting and a quarterly program report.
On or before July 30, 1997, Recipient will provide to the City an annual
accounting report describing, at a minimum, the uses of funds received
hereunder.
Duly authorized representatives of the City shall at all reasonable times, have
access to and the dght to inspect, copy, audit and examine all financial books,
records, and other documents of Recipient, and to make site visits and survey
participants in order to evaluate and monitor the Recipient's programs. No
report or publication resulting from any such inspection, audit, examination, site
visit or survey shall disclose the name or other identifying info..,T~..ation concerning
persons using Recipient's services. Site visits and participant surveys shall be
done only after consultation with Recipient's director regarding methods used in
said visits and surveys.
The City's sole responsibility hereunder shall be to provide the funds to Recipient
in accordance with the terms of this Agreement. Nothing containsd in this
Agreement, nor any act or omission of the Recipient or the City, shall be
construed to create any special duty, relationship, third-party beneficiary,
respondeat superior, limited or general partnership, joint venture, or any
association by reason of the Recipient's involvement with the City. Further,
neither the City nor any officer, employee, or agent of the City shall have
authority to direct the manner or means by which Recipient conducts its
activities.
E. This contract may be terminated upon 30 days written notice by either party.
IV. TERM
This Agreement shell commence upon execution by the parties and shall terminate on June
30, 1997, except as provided herein.
V. ASSIGNMENT
This Agreement may not be assigned by either party without prior written agreement of the
other party,
For the Rape Victim Advocacy
Program:
For the City of iowa City, Iowa:
NAOmi J. ~)VIC~,, MAYOR
NAME
ATTEST:
MARIAN K. KARR, CITY CLERK
/~roved as to Forj3~,,
City Attorney's Office
Agency Director
TITLE
NAME
Office Manager
TITLE
Prepared by: Linda Severson. Human Services Coordinator. 410 E. Washington St.. Iowa City. IA (319) 356-
5242
AGREEMENT
THIS AGREEMENT, made and entemd into on this 16th dayof July ,1996,
by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Johnson
County Office of the Grant Wood Area Chapter of the Amedcan Red Cross ("Recipient").
This Agreement shall be subjeci to the following terms and conditions, to-wit:
1. Recipient shall not permit any of the following practices:
To discharge from employment or refuse to hire any individual because of their
race, creed, color, national origin, religion, age, sex, madtal status, sexual
orientation, disability, handicap status, or gender identit.y,
b. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, creed, color, national odgin, religion, age,
sex, madtal status, sexual orientation, disability,.. handicap status ,or gender
identity.
2. Recipient shall not deny to any person its services on the basis of race, creed, color,
national origin, religion, age, sex, madtal status, sexual orientation, disability, §ender
identity or handicap status. All current and prospective project beneficiaries must, however, be
persons in need of the programs provided by the Recipient.
I. SCOPE OF SERVICES
During the term of this Agreement, Recipient agrees to provide services to alleviate suffering
caused by natural or man-made disasters by providing immediate and longer-term assistance
to disaster victims in Johnson County. This includes offering, when personal resources are not
available, immediate shelter, food, clothing, and needed medicines to Johnson County disaster
victims. It also includes maintaining a program of pre- and post-disaster education to assist the
residents of Johnson County with disaster self-help. Recipient will provide instruction in First
Aid in order to promote personal safety and health awareness, and training in cardiopulrnona~y
resuscitation (CPR) techniques. Details of the services to be provided are included in the
Recipient's Program Information and Goals and Objectives Statement for FY97.
II. FUNDING
As its sole obligation under this Agreement, the City shall pay to Recipient the
sum of $4,510 with the agreement that these funds shall be allocated toward the
disaster and safety programs of the Johnson County Office of the Grant Wood
Area Chapter of the American Red Cross.
2
The City shall transfer the funds to Recipient in quarterly payments of $1,127.50
each. The first payment will be made on July 15, 1996. Subsequent payments
will be made on the 15th day of the month following the end of each calendar
quarter.
Ill. GENERAL ADMINISTRATION
On or before the 15th day of the month following the end of each calendar
quarter, Recipient will submit to the City copies of all board minutes, a quarterly
accounting and a quarterly program report.
On or before July 30, 1997, Recipient will provide to the City an annual
accounting report describing, at a minimum, the uses of funds received
hereunder.
Duly authorized representatives of the City shall at all reasonable times, have
access to and the right to inspect, copy, audit and examine all financial books,
records, and other documents of Recipient, and to make site visits and survey
participants in order to evaluate and monitor the Recipient's programs. No
report or publication resulting from any such inspection, audit, examination, site
visit or survey shall disclose the name or other identifying information concerning
persons using Recipient's services. Site visits and participant surveys shall be
done only after consultation with Recipient's director regarding methods used in
said visits and surveys.
The City's sole responsibility hereunder shall be to provide the funds to Recipient
in accordance with the terms of this Agreement. Nothing contained in this
Agreement, nor any act or omission of the Recipient or the City, shall be
construed to create any special duty, relationship, third*party beneficiary,
respondeat superior, limited or general partnership, joint venture, or any
association by reason of the Recipienrs involvement with the City. Further,
neither the City nor any officer, employee, or agent of the City shall have
authority to direct the manner or means by which Recipient conducts its
activities.
E. This contract may be terminated upon 30 days written notice by either party.
IV. TERM
This Agreement shall commence upon execution by the parties and shall terminate on June
30, 1997, except as provided herein.
3
V. ASSIGNMENT
This Agreement may not be assigned by either party without prior written agreement of the
other party.
For the City of Iowa City, Iowa:
NAqMI J. t~OVI(];K, MAYOR
ATTEST:
MARlAN K. KARR, CITY CLERK
For the Johnson County Office of the
Grant Wood Area Chapter of the
American Red Cross:
Al~roved as to For~r'~
City Attorney's Office
Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240
(319) 356-5242
AGREEMENT
THIS AGREEMENT, made and entered into on this 16th day of July , 1996,
by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and United
Action for Youth ("Recipient").
This Agreement shall be subject to the following terms and conditions, to-wit:
1. Recipient shall not permit any of the following practices:
To discharge from employment or refuse to hire any individual because of their
race, creed, color, national origin, religion, age, sex, marital status, sexual
orientation, disability, handicap status, or gender identity.
b. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, creed, color, national origin, religion, age,
sex, marital status, sexual orientation, disability, handicap status, or gender
identity.
2. Recipient shall not deny to any person its services on the basis of race, creed, color,
national origin, religion, age, sex, marital status, sexual orientation, disability, gender
identity or handicap status. All current and prospective project beneficiaries must, however, be
persons in need of the programs provided by the Recipient.
I. SCOPE OF SERVICES
During the term of this Agreement, Recipient agrees to provide assistance to young people,
especially those who are ahenated from traditional approaches to youth service, in identifying
their individual needs and opportunities, and to facilitate meeting the same in the best
interests of the individual with regard for the community. Further details of these services are
outlined inthe Recipient's Program Information and Goals and Objectives Statement for FY97.
Specifically:
Recipient agrees to plan and conduct a comprehensive Outreach Program to locate
youth who are experiencing difficulty and to serve and assist troubled youth who are
identified as being under severe stress which, if not relieved, is likely to result in
delinquent behavior. The Outreach Program shall include the following components:
a. Staff and maintain a walk-in center which will be open weekdays.
Maintain visibility and have planned and purposeful contact with youth in the
community.
2
o
Develop trust and rapport with young people to enable the Outreach staff to
effectively perform their duties.
Maintain records of Outreach workers, including youth contacts, activities and
referrals.
Build and establish working relationships and communications with other
agencies in the community.
Recipient agrees to provide appropriate Outreach services to youth as determined by
individual needs. At a minimum, such services shall include:
Street counseling through personal interaction in the youth environment,
maintaining a relationship with individuals, assisting them in clarifying their
current needs, and determining a course of action that is in their best interest.
Crisis intervention by seeking out young people experiencing a crisis situation
and being available to alleviate their current situation.
Identification and utilization of available referral services to assist young people
in meeting their needs or improving their current situation.
Consultation with and referral of youth to other agencies in the community,
remaining available as a resource when appropriate for individual youth.
Written records of all referrals will be maintained.
Follow-up on all Outreach provided to young people to evaluate individual
situations and determine if further assistance is needed.
Recipient shall solicit and document ongoing feedback from clients, their families, and
other agencies regarding the effectiveness of Outreach, including information regarding
client needs, their level of trust and rapport with Recipient's staff, others' perceptions
of Recipient's effectiveness, and service gaps among agencies.
FUNDING
As its sole obligation under this Agreement, the City shall pay to Recipient the
sum of 530,240 to be used for general operating expenses of its programs.
The City shall transfer the funds to Recipient in quarterly payments of
$7,560.00 each. The first payment will be made on July 15, 1996.
Subsequent payments will be made on the 15th day of the month following the
end of each calendar quarter.
II1. GENERAL ADMINISTRATION
On or before the 15th day of the month following the end of each calendar
quarter, Recipient will submit to the City copies of all board minutes, a quarterly
accounting and a quarterly program report.
3
ao
On or before July 30, 1997, Recipient will provide to the City an annual
accounting report describing, at a minimum, the uses of funds received
hereunder.
Duly authorized representatives of the City shall at all reasonable times, have
access to and the right to inspect, copy, audit and examine all financial books,
records, and other documents of Recipient, and to make site visits and survey
participants in order to evaluate and monitor the Recipient's programs. No
report or publication resulting from any such inspection, audit, examination, site
visit or survey shall disclose the name or other identifying information
concerning persons using Recipient's services. Site visits and participant
surveys shall be done only after consultation with Recipient's director regarding
methods used in said visits and surveys.
The City's sole responsibility hereunder shall be to provide the funds to
Recipient in accordance with the terms of this Agreement. Nothing contained
in this Agreement, nor any act or omission of the Recipient or the City, shall be
construed to create any special duty, relationship, third-party beneficiary,
respondeat superior, limited or general partnership, joint venture, or any
association by reason of the Recipient's involvement with the City. Further,
neither the City nor any officer, employee, or agent of the City shall have
authority to direct the manner or means by which Recipient conducts its
activities.
E. This contract may be terminated upon 30 days written notice by either party.
IV. TERM
This Agreement shall commence upon execution by the parties and shall terminate on June
30, 1997, except as provided herein.
4
V. ASSIGNMENT
This Agreement may not be assigned by either party without prior written agreement of the
other party.
For the City of Iowa City, Iowa:
15rOVItU K, MAYOR
For United Action for Youth, Inc.:
ATTEST: ATTEST:
R, CITY CLERK
Approved as to Form---.
City Attorney's Office
contract\uay
NAME
TITLE
Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St.. Iowa City, IA 52240
(319) 3,66-5242
RESOLUTION NO. 96-223
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-TO-AGENCY
FUNDING BY THE CITY OF IOWA CITY, AND AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: FREE MEDICAL
CLINIC {$5,180) AND HAWKEYE AREA COMMUNITY ACTION PROGRAM
($6,240).
WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist and
support its residents; and
WHEREAS, the City Council of Iowa City, Iowa, recognizes the need for human service
support in the Iowa City community; and
WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into such
contracts and agreements.
WHEREAS, the City of Iowa City, Iowa has negotiated funding agreements with the Free
Medical Clinic and the Hawkeye Area Community Action Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Funding Agreements between the City of Iowa City and the Free Medical Clinic
and the City of Iowa City and Hawkeye Area Community Action Program, copies of
which are attached hereto and made a part hereof by this reference, are hereby
approved.
The Mayor is hereby authorized to execute and the City Clerk to attest said
Agreements.
Passed and approved this ].eth day of July , 1996.
ATTEST:ciT~
jccoghs',fundl .res
MAYOR
City Attorney's Office
Resolution No. 96-223
Page 2
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
Norto~
the Resolution be
AYES: NAYS: ABSENT: ABSTAIN:
Baker
Kubby X
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Linda Severson, Human Services Coordinator. 410 E. Washington St., Iowa City, IA 52240 (319)
356-5242
AGREEMENT
THIS AGREEMENT, made and entered into on this 16th day of July ,1996,
by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Hawkeye
Area Community Action Program ("Recipient").
This Agreement shall be subject to the following terms and conditions, to-wit:
1. Recipient shall not permit any of the following practices:
To discharge from employment or refuse to hire any individual because of their
race, creed, color, national origin, religion, age, sex, madtal status, sexual
orientation, disability, handicap status, or gender identity.
To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, creed, color, national origin, religion, age,
sex, madtal status, sexual orientation, disability, ~handicap status, or gender identit..v
2. Recipient shall not deny to any person its services on the basis of race, creed, color,
national origin, religion, age, sex, marital status, sexual orientation, disability, gender
identity or handicap status. All current and prospective project beneficiaries must, however, be
persons in need of the programs previded by the Recipient.
I. SCOPE OF SERVICES
During the term of this Agreement, Recipient agrees to provide developmental programming
for children of limited-income families who are aged three to school age. Such services shall
include, but are not limited to: support for the families, prs-school educational activities,
health/nutrition screening, and follow-up services. Details of the services to be provided are
outlined in the Program Information and Goals and Objectives Statement portions of Recipient's
request for FY97 City funding.
II. FUNDING
As its sole obligation under this Agreement, the City shall pay to Recipient the
sum of $6,240 to assist Recipient in meeting its operating expenses.
The City shall transfer the funds to Recipient in quarterly payments of $1,560.00
each. The first payment will be made on July 15, 1996. Subsequent payments
will be made on the 15th day of the month following the end of each calendar
quarter.
2
III. GENERAL ADMINISTRATION
On or before the 15th day of the month following the end of each calendar
quarter, Recipient will submit to the City copies of all board minutes, a quarterly
accounting and a quarterly program report.
On or before July 30, 1997, Recipient will provide to the City an annual
accounting report describing, at a minimum, the uses of funds received
hereunder.
Duly authorized representatives of the City shall at all reasonable times, have
access to and the right to inspect, copy, audit and examine all financial books,
records, and other documents of Recipient, and to make site visits and survey
participants in order to evaluate and monitor the Recipient's programs. No
report or publication resulting from any such inspection, audit, examination, site
visit or survey shall disclose the name or other identifying information concerning
persons using Recipient's services. Site visits and participant surveys shall be
done only after consultation with Recipient's director regarding methods used in
said visits and surveys.
The City's sole responsibility hereunder shall be to provide the funds to Recipient
in accordance with the terms of this Agreement. Nothing contained in this
Agreement, nor any act or omission of the Recipient or the City, shall be
construed to create any special duty, relationship, third-party beneficiary,
respondeat superior, limited or general partnership,' joint venture, or any
association by reason of the Recipient's involvement with the City. Further,
neither the City nor any officer, employee, or agent of the City shall have
authority to direct the manner or means by which Recipient conducts its
activities.
E. This contract may be terminated upon 30 days wdtten notice by either party.
IV. TERM
This Agreement shall commence upon execution by the parties and shall terminate on June
30, 1997, except as provided herein.
3
V. ASSIGNMENT
This Agreement may not be assigned by either party without prior wdtten agreement of the
other party.
For the City of Iowa City, Iowa:
NAOmi J. N.~)VlC~K, MAYOR
For the Hawkeye Area Community
'A~M~)n Program: ,
ATTEST:
RR, CITY CLERK
TITLE
City Attorney's Office
contract~tacap
ATTEST:
TITLE
Prepared by: Linda Severson, Human Sen/ices Coordinator, 410 E. Washington St., Iowa C~ty, IA 52240 (319)
356-5242
AGREEMENT
THIS AGREEMENT, made and entered into on this 16th day of July ,1996,
by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Free
Medical Clinic ("Recipient").
This Agreement shall be subject to the following terms and conditions, to-wit:
1. Recipient shall not permit any of the following practices:
To discharge from employment or refuse to hire any individual because of their
race, creed, color, national origin, religion, age, sex, madtal status, sexual
orientation, disability,. handicap status, or gender identity.
identi
b. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, creed, color, national origin, religion, age,
s~, rperital status, sexual orientation, disability, . handicap status, or gender
loen~l~y.
Recipient shall not deny to any pemon its services on the basis of race, creed, color,
national ohgin, religion, age, sex, madtal status, sexual orientation, disability, gender
ty or handicap status. All cu~ent and prospective project beneficiaries must, however, be
persons in need of the programs provided by the Recipient.
I. SCOPE OF SERVICES
During the term of this Agreement, Recipient agrees to provide the following services to
residents of Johnson County: general outpatient care; limited financial assistance for
medication, medical supplies, eyeglasses, cancer screening, and other preventive health needs;
and HIV counseling and testing. Details of the services to be provided are included in the
Recipient's Program Information and Goals and Objectives Statement for FY97.
II. FUNDING
As its sole obligation under this Agreement, the City shall pay to Recipient the
sum of $5,180 with the agreement that these funds shall be allocated toward the
health care programs of the Free Medical Clinic.
The City shall transfer the funds to Recipient in quarterly payments of $1,295.00
each. The first payment will be made on July 15, 1996. Subsequent payments
will be made on the 15th day of the month following the end of each calendar
quarter.
2
III. GENERAL ADMINISTRATION
On or before the 15th day of the month following the end of each calendar
quarter, Recipient will submit to the City copies of all board minutes, a quarterly
accounting and a quarterly program report.
On or before July 30, 1997, Recipient will provide to the City an annual
accounting report descnbing, at a minimum= the uses of funds received
hereunder.
Duly authorized representatives of the City shall at all reasonable times, have
access to and the right to inspect, copy, audit and examine all financial books,
records, and other documents of Recipient, and to make site visits and survey
participants in order to evaluate and monitor the Recipient's programs. No
report or publication resulting from any such inspection, audit, examination, site
visit or survey shall disclose the name or other identifying information concerning
persons using Recipient's services. Site visits and participant surveys shall be
done only after consultation with Recipient's director regarding methods used in
said visits and surveys.
The City's sole responsibility hereunder shall be to provide the funds to Recipient
in accordance with the terms of this Agreement. Nothing contained in this
Agreement, nor any act or omission of the Recipient or the City, shall be
construed to create any special duty, relationship, third-party beneficiary,
respondeat superior, limited or general partnership, joint venture, or any
association by reason of the Recipient's involvement with the City. Further,
neither the City nor any officer, employee, or agent of the City shall have
authority to direct the manner or means by which Recipient conducts its
activities.
E. This contract may be terminated upon 30 days written notice by either party.
IV. TERM
This Agreement shall commence upon execution by the parties and shall terminate on June
30, 1997, except as provided herein.
3
V. ASSIGNMENT
This Agreement may not be assigned by either party without prior wdtten agreement of the
other party.
For the City of Iowa City, Iowa:
NAQ.MI J. N~VIO.K, MAYOR
For the Free Medical Clinic:
ATTEST:
MARIAN K. KARR, CITY CLERK
TITLE
City Attorney's Office
ATTEST:
TITLE
Prepared by: Linda Severson, Human Services Coordinator, 410 E. Washington St., Iowa City, IA 52240
(319) 356-5242
RESOLUTION NO. 96-224
RESOLUTI0~ APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY, IOWA, AND THE FOLLOWING AGENCIES FOR FEDERAL COMMUNITY
DEVELOPMENT BLOCK GRANT {CDBG) FUNDING BY THE CITY OF IOWA
CITY, IOWA AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TOATTESTTHE SAME: ELDERLY SERVICES ($55,105}; tVIID-EASTERN
COUNCIL ON CHEIVilCAL ABUSE {$25,235); AND UNITED ACTION FOR
YOUTH ($24,660);
WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist and
support its residents; and
WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of
Housing and Urban Development (HUD) under Title I of the Housing and Community
Development Act of 1 974, as amended (Public Law 93-383) and under the Cranston-Gonzales
National Affordable Housing Act (Public Law 101-625); and
WHEREAS, the City Council of Iowa City, Iowa, recognizes the need for human service
support in the Iowa City community; and
WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into such
contracts and agreements.
WHEREAS, the City of Iowa City, Iowa has negotiated funding agreements for use of part of
such funds with Elderly Services, Mid-Eastern Council on Chemical Abuse, and United Action
for Youth.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Funding Agreements between the City of Iowa City and Elderly Services, Mid-
Eastern Council on Chemical Abuse, and United Action for Youth, copies of which are
attached hereto and made a part hereof by this reference, are hereby approved.
The Mayor is hereby authorized to execute and the City Clerk to attest said
Agreements.
Resolution No. 96-224
Page 2
Passed and approved this 16th day of July
,1996.
ATTEST: ~'~¢.~.~
CITY'CLERK
MAYOI~ '
App/~ved by
City Attorney's Office
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Vanderhoef
AYES: NAYS: ABSENT:
x Baker
x Kubby
x Lehman
x Norton
x Novick
x Thornberry
x Vanderhoef
the Resolution be
AGREEMENT BETWEEN THE CITY OF IOWA CiTY
AND THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY
FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, entered into this 16 day of July ,1996, by and between the City
of Iowa City, a municipal corporation ("City"), and the Elderly Services Agency of Johnson
County ("Agency" or "Subrecipient");
WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds
granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the
Housing and Community Development Act of 1974, as amended (Public Law 93-383) and
under the 1992 National Affordable Housing Act (Public Law 102-550); and
WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing services
to older people in Iowa City who are in need of programs which aid them in their efforts to
remain independent.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
PART I
I. PURPOSE AND SCOPE OF SERVICES:
The Agency shall use the CDBG funds disbursed under this Agreement
for administrative and operational expenses of the Agency. Specifically,
these funds will be used for approximately 88% of the Executive Direct-
ors salary, 71% of the Chore Coordinators salary and FICA for both.
The Agency staff of approximately 5 FTEs shall provide assistance to
approximately 1,400 elderly persons dudng the year ending June 30,
1997.
During the term of this Agreement, the Agency shall provide to elderly residents
of Iowa City the information and support services herein described, in order to
identify and assist in responding to their needs and concerns. Further details of
these services are outlined in the Agency's Program Information and Goals and
Objectives Statement for FY97. Specifically:
The Agency agrees to provide and to publicize through available media
a comprehensive Information and Referral service for eldedy residents of
Iowa City which shall include the following components:
Maintenance of a current information file on services and resourc-
es available to Iowa City elderly.
Response to requests for information about community resources
for the elderly and referral of eldedy individuals to appropriate
resources to meet their needs.
2
Follow-up on referrals, as appropriate, by contacting the person
referred to determine whether the referral met the need
expressed.
Maintenance of records of all information and referral contacts
and related calls, including specific information on needs
expressed during these contacts and calls which cannot be met
by existing resources.
The Agency agrees to provide an Outreach service to identify needs and
concerns of elderly people in Iowa City and to help meet those needs
with appropriate intervention, referral and case monitoring. Under the
Outreach program, volunteers are trained to monitor the lives of clients
through in-home visits and telephone calls. Staff monitor volunteers'
written reports and intervene as appropriate. The Outreach program will
also include a case management team of professionals working for
hospitals and agencies coordinating various levels of in-home care in
complex cases. Outreach also includes a Retired Senior Volunteer
Program which acts as a clearinghouse for volunteer opportunities
throughout the community with an emphasis on elderly helping other
eldedy and an SSI outreach effort to find eligible elderly.
The Agency shall publicize its Outreach service through available
media resources on a systematic basis.
The Agency shall provide a referral or liaison to community re-
sources where necessary and appropriate.
The Agency agrees to coordinate a chore and respite/in-home care
service for Iowa City elderly in need of same.
Coordination shall include recruitment and screening of prospec-
tive independent contractors as well as the negotiation of an
agreeable wage between the elderly employer and the indepen-
dent contractor. These workers will be referred to the elderly
client who has requested help with yard work or non-licensed in-
home care.
Coordination includes the organization of volunteers in the spring
and fall to help with seasonal chores around the home.
A small repair program provides Iowa City residents who are over
62 years of age, who own their own homes, and who have low or
moderate incomes with help in securing repairs necessary to their
safety and comfort.
The Agency agrees to coordinate a Shared Housing program for its
elderly and handicapped clients, which shall match screened, compatible
and supportive house mates who will provide some services in exchange
for low/no rent.
II.
III.
IV.
3
Coordination shall include finding homeowners who need either
income and/or services in order to remain in their homes as long
as possible.
Tenant/homeowner living arrangements shall be monitored by the
Shared Housing Coordinator to help ensure a successful living
arrangement.
The Agency agrees to serve as an advocate for the needs and concerns
of Iowa City elderly on an individual and group basis as the need adses,
including:
Group advocacy with governmental policy makers, and with busi-
ness and civic community groups on unmet needs brought to the
Agency's attention through the provision of its services and on
issues of concern raised by the elderly community.
Individual advocacy in regard to the Agency's programs when a
client has difficulty obtaining a service or when provision of a ser-
vice is unsatisfactory.
The Agency shall solicit and provide documentation of ongoing feedback from
its clients and clients' families, and other appropriate agencies and individuals
regarding the effectiveness of the programs offered by the Agency in serving
elderly persons.
The Agency shall operate in compliance with all applicable federal, state and
local regulations regarding its program services.
TIME OF PERFORMANCE:
This Agreement shall commence upon execution by the City and the Agency and shall
terminate on June 30, 1997.
PROPOSED PROJECT BUDGET:
Amount
Salaries:
Executive Director
Chore Coordinator
FICA
TOTAL PROJECT COSTS
TOTAL CDBG GRANT
$33,394
17,799
3,912
$55,105
$55,105
COMPENSATION AND METHOD OF PAYMENT:
The City shall pay and the Agency agrees to accept in full no more than Fifty-five
Thousand and One Hundred and Five Dollars ($55,105.00)for performance
under this Agreement as follows.
Partial payments shall be made monthly, with the first payment to commence
July 1, 1996. Requests for each monthly payment shall be submitted together
with all time sheets and all other source documents by the foudh day following
the end of each calendar month. Quarterly reports shall continue to be submit-
ted as required by this Agreement.
TERMS AND CONDITIONS:
The Subrecipient agrees to comply with all applicable federal, state, and local
laws and regulations governing the funds provided under this contract.
The City shall have no responsibility or liability for the maintenance, operation
or program funding for the Agency beyond the obligation to pay the funds as set
forth in this Agreement.
Except as provided herein, the terms of this Agreement shall be effective from
the date of execution through June 30, 1997.
In the event the Agency discontinues its services, and/or the project/program
funded under this Agreement pdor to June 30, 1997, ceases, all real and person-
al property (tangible and intangible) secured with the CDBG funds under this
Agreement shall revert to the City. If the property has been disposed of, then
the City will be reimbursed in the amount of the current fair market value of the
property less any portion attributable to non-CDBG funds. (Personal properly
includes, but is not I~mited to, equipment, furnishings, and vehicles.)
Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employedemployee
between the padies. The Subrecipient shall at all times remain an independent
contractor with respect to the services to be performed under this Agreement.
The City shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, tile and/or medical insurance and Workers' Compensation
Insurance as the Subrecipient is an independent contractor.
During the period of this Agreement, effective as of the start of the Project, the
Subrecipient shall, at its own expense, procure and maintain all-risk property
damage and liability insurance. Property damage coverage shall not be less
than the current market value of the properly. Liability coverage which shall
include contractual insurance as well as comprehensive form insurance, and
which shall provide coverages of not less than $250,000 bodily injury per person,
$500,000 bodily injury per occurrence, and $100,000 property damage. Proof
of insurance shall be shown to the City by furnishing a copy of the certificate of
insurance issued by an insurance company licensed to do business in the State
of Iowa. The cedificate of insurance shall include a statement guaranteeing that
the insurance company shall notify the Community Development Coordinator
within 30 days of the lapse of said policy. The Subrecipient shall provide
Workers' Compensation Insurance coverage for all employees involved in the
performance of this contract.
PART I1
PERFORMANCE AND REPORTING:
II.
I11.
5
The Agency shall direct all notices, reports, insurance policies, and other com-
munications related to or required by this Agreement to the office of the Iowa
City Community Development Coordinator, 410 E. Washington Street, Iowa City,
Iowa 52240. Notice by both Agency and City shall be given by ordinary mail.
On or before the first day of the second month following the end of each calen-
dar quarter, the Agency shall submit to the City copies of all board minutes, a
quarterly accounting and a quarterly program report. Each quarterly program
report shall include statistical information concerning the number and percentage
of agency clients who are low-income or moderate-income, the racial composi-
tion and age range of the Agency's client group, and the number of female-
headed households which were served. In addition, the last quarterly report
shall indicate how many temporary and permanent jobs have been created or
retained by the funding of this program.
Not later than July 31, 1997, the Agency shall provide the City with a certified
statement of the expenditure of funds disbursed under this Agreement.
Following completion of the Project, the Subrecipient shall submit an annual
report by the first day of December, 1997. The annual report shall, at a mini-
mum, include statistics pertaining to the number and place of residence of clients
served at the Subrecipient's Facility.
For projects involving $25,000 or more, an audit report which meets the specifi-
cations set forth in OMB Cimular A-133, "Audits of Institutions of Higher Educa-
tion and Other Nonprofit Organizations," and which discloses the expenditure of
CDBG funds allocated for this Project, shall be submitted by October 31, 1997.
OTHER REPORTS, AUDITS AND INSPECTIONS:
The Agency shall promptly fumish the City or HUD with such statements, re-
cords, data and information as the City or HUD may reasonably request pertain-
ing to this Agreement.
During the term of this Agreement, any time during normal business hours, the
Agency shall make available to the City, HUD and/or the Comptroller General
of the United States, or their duly authorized representatives, all of the Agency's
records in order to permit examination of any audits, invoices, materials, payrolls,
personnel records, conditions of employment, and other data relating to all
matters covered by this Agreement. No report or publication resulting from any
such inspection, audit, examination, site visit or survey shall disclose the name
or other identifying information concerning persons using the Agency's services.
The Agency shall retain financial records supporting documents, statistical re-
cords, and all other records pertaining to expenditures under this Agreement for
a pedod of three (3) years from the termination of this Agreement.
ADMINISTRATIVE REQUIREMENTS:
A. Financial Mana.qement
1. Accounting Standards
6
The Subrecipient agrees to comply with Attachment F of OMB Circular A-110
and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source docu-
mentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB
Circulars A-122, "Cost Principles for Non-Profit Organizations, for all costs
incurred whether charged on a direct or indirect basis.
Documentation and Record-Keepin~
1. Records to be Maintained
The Subrecipient shall maintain all records that are pertinent to the activities to
be funded under this Agreement, including but not limited to:
a. Records providing a full description of each activity undertaken;
Records required to document the acquisition, improvement, use
or disposition of real property acquired or improved with CDBG
assistance;
Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program; and
Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-110.
2. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to a signed and
dated verification of income statement, or other basis for deten,nining eligibility,
and description of service provided. Such information shall be made available
to City monitors or their designees for review upon request.
3. National Objectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this contract benefit low/moderate
income persons, as defined in 24 CFR Part 570.208.
Procurement
1. Compliance
The Subrecipient shall comply with current City policy concerning the purchase
of equipment and shall maintain an inventory record of all non-expendable
personal property as defined by such policy as may be procured with funds
provided herein. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the City upon termination of this contract.
IV.
VI.
7
2. OMB Standards
The Subrecipient shall have access through the Iowa City Planning Department
copies of the following materials: A-133, A-122, Attachment O of OMB Circular
A-110, Procurement Standards, and shall subsequently follow Attachment N,
Property Management Standards, covering utilization and disposal of property.
D. Amendments
The City and Subrecipient may, by mutual agreement, amend this Agreement at any
time provided that such amendments are executed in writing and signed by a duly
authorized representative of both organizations. Such amendments shall not invalidate
this Agreement, nor relieve or release the City or Subrecipient from its obligations under
this Agreement.
NONIDISCRIMINATION:
No person shall be excluded from or denied the benefits of the Agency's
on the basis of age, race, color, religion, creed, national origin, sex,/~afiFal
status, disability or sexual orientation. All current and prospective project beneft-
ciaries must, however, be persons in need of the programs provided by the
Agency.
Section 504 Compliance. The Agency confirms that no otherwise qualified
individual with handicaps shall, solely by reason of his/her handicap, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving federal financial assistance. This in-
cludes, but is not limited to, programs and/or activities related to housing, em~
p!oyment, and the delivery of services.
EQUAL EMPLOYMENT OPPORTUNITY:
The Agency certifies that it is an "Equal Opportunity Employer" and that it will comply
with Title 2 (Human Rights) of the Iowa City Code, Chapter 216 (State Civil Rights) of
the Iowa Code, and all applicable regulations of the U.S. Department of Housing and
Urban Development pertaimng to equal opportunity and affirmative action in employ-
ment. Further, the Agency shall ensure that all contracts for work under this Agreement
contain appropriate equal employment opportunity statements.
SECTION 3:
The Subrecipient agrees to comply with Section 3 requirements, the regulations set forth
in 24 CFR 135 and the CDBG program requirements under 24 CFR part 570.
The work to be performed under this contract is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employ-
ment and other economic opportunities generated by HUD assistance or
HUD-assisted projects covered by Section 3 shall, to the greatest extent feasible,
be directed to low and very low income persons, particularly persons who are
recipients of HUD assistance for housing.
identil
8
The parties to this contract agree to comply with HUD's regulations in 24 CFR
part 135, which implement Section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or
other impediment that would prevent them from complying with the part 135
regulations.
The contractor agrees to send to each labor organization or representative of
workers with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers' repre-
sentative of the contractor's commitments under this Section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference, shall set forth mini-
mum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location of the
person(s) taking applications for each of the positions; and the anticipated date
the work shall begin.
The contractor agrees to include this Section 3 clause in every subcontract
subject to compliance with the regulations in 24 CFR part 135. and agrees to
take appropriate action, as provided in an applicable provision of the subcontract
or in this Section 3 clause, upon a finding that the subcontractor is in violation
of the regulations in 24 CFR pad 135. The contractor will not subcontract with
any subcontractor where the contractor has notice or knowledge that the subcon-
tractor has been found in violation of the regulations in 24 CFR part 135.
The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the
contract is executed, and (2) with persons other than those whom the regulations
of 24 CFR part 135 require employment opportunities to be directed, were not
filled to circumvent the contractor's obligations under 24 CFR part 135.
Noncompliance w~th HUD's regulations in 24 CFR part 135 may result in sanc-
tions, termination of this contract for default, and debarment or suspension from
future HUD assisted contracts. W~th respect to work performed in connection
with Section 3 covered Indian housing assistance, section 7(b) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C 450e) also applies
to the work to be performed under this contract. Section 7(b) requires that to the
greatest extent feasible (I) preference and opportunities for training and employ-
ment shall be given to Indians, and (it) preference in the award of contracts and
sub-contracts shall be given to Indian organizations and Indian-owned Economic
Enterprises. Parties to this contract that are subject to the provisions of Section
3 and section 7(b) agree to comply with Section 3 to the maximum extent feasi-
ble, but not in derogation of compliance with section 7(b).
VII. TERMINATION OF AGREEMENT FOR CAUSE:
If the Agency fails to fulfill its obligations under this Agreement in a timely and proper
manner, or if the Agency violates any of the terms, agreements or stipulations of this
Agreement, the City shall thereupon have the right to terminate th~s Agreement by giving
written notice to the Agency of such termination, specifying the default or defaults, and
stating that this Agreement shall be terminated 30 days after the giving of such notice
unless such default or defaults are remedied within such cure period. The City shall be
9
obligated to make no payment due hereunder after it gives said notice unless the
defaults are remedied within said 30-day period. In the event of such termination, the
Agency may be required to repay to the City the full contract amount of $55,105.00, or
that portion of the amounts which have been disbursed to the Agency prior to such
termination.
VIII. TERMINATION OF AGREEMENT FOR CONVENIENCE:
IX.
This Agreement may be terminated in whole or in part upon the mutual agreement of
the parties hereto, in which case the City and the Agency shall agree upon the termina-
tion conditions, including the effective date, the disposition of contract amounts, and in
the case of partial termination, the portion to be terminated. However, if, in the case of
partial termination, the City determines that the remaining portion of the award will not
accomplish the purposes for which the award was made, and the award is terminated
in its entirety, no further funding payments shall be made by the City to the Agency.
INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS:
No member or delegate to the Congress of the United States, and no resident
Commissioner, shall be permitted to any share or part of this Agreement, or to
any benefit to arise herefrom.
No member of the governing body of the City, no officer, employee, official or
agent of the City, or other local public official who exercises any functions or
responsibilities in connection with the review, approval or carrying out of the
Project to which this Agreement pertains, shall have any private interest, direct
or indirect, in this Contract.
C
No federal funds appropriated under this contract shall be paid, by or on behalf
of the Agency, to any person for influencing or attempting to influence a member
of Congress, an officer or employee of Congress or any federal agency 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 agreement.
If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this federal contract,
the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
The Subrecipient shall require that the language of this certification be included
in the award documents for all sub-Subrecipients and that all sub-Subrecipients
shall certify and disclose accordingly.
CONFLICT OF INTEREST:
The Agency covenants that it has no interest and shall not acquire any interest, direct
or indirect, which would conflict in any manner or degree with the performance of the
services to be undertaken through this Agreement. The Agency further covenants that
10
in the performance of this Agreement, no person having such an interest shall be
employed by the Agency.
XI. ASSIGNABILITY:
The Agency shall not assign or transfer any interest in this Agreement without the pdor
written approval of the City. Any assignment made without such consent shall be void.
This Agreement shall be binding upon and shall inure to the benefit of the successors
and assigns of the parties hereto.
XII. HOLD HARMLESS PROVISION:
The Agency shall indemnify, defend and hold harmless the City, its officere, employees
and agents frem all liability, loss, cost, damage and expense (including reasonable
attorney's fees and court costs) resulting from or incurred by reason of any actions
based upon the negligent acts or omissions of the Agency's employees or agents dudrig
the performance of this Agreement.
XIII. WORKERS' COMPENSATION:
The Subrecipient shall provide Workers' Compensation Insurance coverage for all
employees involved in the performance of this contract.
XIV. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP:
The City shall not be liable to the Agency, or to any party, for completion of or failure
to complete any of the programs that are included in this Agreement. Nothing contained
in this Agreement, nor any act or omission of the City or the Agency, shall be construed
to create any special duty, relationship, third-party beneficiary, respondeat superior,
limited or general partnership, joint venture, or any association by reason of the
Agency's involvement with the City.
XV. If any one or more of the provisions contained in this Agreement are held to be invalid,
illegal, or unenforceable, this Agreement shall be deemed severable and the remainder
of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this .E~?day
CITY OF IOWA CITY, IOWA
Mayor/
A'I-rEST:
City~lerk
City A~orney's Office
ELDERLY SERVICES AGENCY OF
JOHNSON COUNTY
By: ~,
Exedut~ Director ~
Board Meanher ~ ' ~
11
ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
Onthis //~ day of, ,~.~.~.~ , 19 ~. ,before me,
~:~,,~. a Notary Public in and for said State, personally appeared Naomi
J. Novick 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 hereto is the seal of said municipal
~.orporate, and that the said Naomi J. Novick and Maclan K. Karr acknowledged the execution
said instrument to be the voluntary act and deed and said municipal corporation, by it and by
them voluntarily executed.
Notary Public in and for Johnson County, Iowa
STATE OF iOWA )
) SS:
JOHNSON COUNTY )
On this /'~ day of .~,~ , 19_~z_, before me, the undersigned, a
Notary Public in.and for the State o"f Iowa, personally appeared
and P-~r~, ~]~.~.~.r' ~, ~ , to me personally known, who being by me duly sworn,
didsaythattheyarethe ~_--~¢¢~.'~..,~;,-..~G...and ~.~...~. r/1.¢,.~_~)<.~- ,respective-
ly, of the corporation executing the foregoing instrument; that no seal has been procured by the
corporation; that the instrument was signed on behalf..of !he corporation by authority of its
Board of Directors; that J....{ '7'~.., and /--~, ~ ~./~.¢~ acknowledged
the execution of the instrument to be the voluntary act and dee~l of the cdrp~ration and of the
fiduciary, by it, by them and as fiduciary voluntarily executed.
Notary Public in and for the State of Iowa
contraCts~esahud agt
Prepared by: Linda Severson. Human Sewices Coordinator. 410 E. Washington St.. Iowa City, IA 52240 (319)
356-5242
AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND MID-EASTERN COUNCIL ON CHEMICAL ABUSE
FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, entered into this 16 day of July ,1996, by and between the City
of Iowa City, a municipal corporation ("City"), and Mid-Eastern Council on Chemical Abuse
("Agency");
WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds
granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the
Housing and Community Development Act of 1974, as amended (Public Law 93-383) and
under the 1992 National Affordable Housing Act (Public Law 102-550); and
WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing services
to assist persons in need of comprehensive substance abuse prevention and treatment
programs in Iowa City.
NOW. THEREFORE. THE PARTIES AGREE AS FOLLOWS:
Part I
PURPOSE AND SCOPE OF SERVICES:
The Agency shall use the CDBG funds disbursed under this Agreement for
administrative and operational expenses oftheAgency. Specifically, these funds
will be used for a portion of the Executive Director's and Medical Director's
salaries.
During the term of this Agreement, the Agency shall provide services to individu-
als who are in need of comprehensive substance abuse prevention and treat-
ment programs. An individualized treatment plan may require the services of
traditional outpatient treatment, intensive outpatient treatment, day treatment,
halfway house, or residential services. The agency agrees to provide the follow-
ing services:
The Treatment Program shall provide residential treatment services to
approximately 55 female and 55 male clients and provide approximately
2000 units of individual services and 8000 units of group services.
2. Provide detoxification and crisis stabilization services to 156 persons.
II.
Ill.
IV.
2
Provide 18,000 hours of formal substance abuse prevention program-
ming.
Provide a treatment alternative to prison sentence for third and subse-
quent drunk driving offenders through a contract with Sixth Judicial Dis-
tdct, Depadment of Correctional Services. Provide aftercare program-
ming for clients who choose to remain in the Iowa City area upon dis-
charge from the treatment program.
Details of the services to be provided are outlined in the Agency's Program Infor-
mation and Goals and Objectives Statement for FY97.
The Agency shall operate in compliance with all applicable federal, state and
local regulations regarding its program services.
TIME OF PERFORMANCE:
This Agreement shall commence upon execution by the City and the Agency and shall
terminate on June 30, 1997.
PROPOSED PROJECT BUDGET:
Amount
Salaries: Executive Dira~or
Medical Dirs~or
TOTAL PROJECT COSTS
TOTAL CDBG GRANT
$12,617.50
12,617.50
$25,235.00
25,235,00
COMPENSATION AND METHOD OF PAYMENT:
The City shall pay and the Agency agrees to accept in full no more than Twenty-
Five Thousand and Two Hundred and Thirty Five Dollars and No Cents
($25,235.00) for performance under this Agreement as follows.
Partial payments shall be made monthly. Requests for each monthly payment
shall be submitted together with all time sheets and all other source documents
by the fourth day following the end of each calendar month. Quarterly reports
shall continue to be submitted as required by this Agreement.
TERMS AND CONDITIONS:
The Subrecipient agrees to comply with all applicable federal, state, and local
laws and regulations governing the funds provided under this contract.
3
The City shall have no additional responsibility or liability for the maintenance,
operation or program funding for the Agency beyond the obligation to pay the
funds as set forth in this agreement.
Except as provided herein, the terms of this Agreement shall be effective from
the date of execution through June 30, 1997.
Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee
between the parties. The Subrecipient shall at all times remain an independent
contractor with respect to the services to be performed under this Agreement.
The City shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and/or medical insurance and Workers' Compensation
Insurance as the Subrecipient is an independent Contractor.
II.
Part 11
PERFORMANCE AND REPORTING:
The Agency shall direct all notices, reports, insurance policies, and other com-
munications related to or required by this Agreement to the office of the Iowa
City Community Development Coordinator, 410 E. Washington Street, Iowa City,
Iowa 52240. Notice by both Agency and City shall be given by ordinary mail.
On or before the first day of the second month following the end of each calen-
dar quarter, the Agency shall submit to the City copies of all board minutes, a
quarterly accounting and a quarterly program report. Each quarterly program
report shall include statistical information concerning the number and percentage
of agency clients who are low-income or moderate-income, the racial composi-
tion and age range of the Agency's client group, and the number of female-
headed households which were served. In addition, the last quarterly report
shall indicate how many temporary and permanent jobs have been created or
retained by the funding of this program.
Not later than July 31, 1997, the Agency shall provide the City with a certified
statement of the expenditure of funds disbursed under this Agreement.
Following completion of the Project, the Subrecipient shall submit an annual
report by the first day of December, 1997. The annual report shall, at a mini-
mum, include statistics pertaining to the number and p!ace of residence of clients
served at the Subrecipient's Facility.
For projects involving $25,000 or more, an audit report which meets the specifi-
cations set forth in OMB Circular A-133, "Audits of Institutions of Higher Educa-
tion and Other Nonprofit Organizations," and which discloses the expenditure of
CDBG funds allocated for this Project, shall be submitted by October 31, 1997.
OTHER REPORTS, AUDITS AND INSPECTIONS:
The Agency shall promptly furnish the City or HUD with such statements, re-
cords, data and information as the City or HUD may reasonably request pertain-
ing to this Agreement.
During the term of this Agreement, any time dudng normal business hours, the
Agency shall make available to the City, HUD and/or the Comptroller General
of the United States, or their duly authorized representatives, all of the Agency's
records in order to permit examination of any audits, invoices, materials, payrolls,
personnel records, conditions of employment, and other data relating to all
matters covered by this Agreement. No report or publication resulting from any
such inspection, audit, examination, site visit or survey shall disclose the name
or other identifying information conceming persons using the Agency's services.
III.
5
The Agency shall retain financial records, supporting documents, statistical re-
cords, and all other records pertinent to expenditures under this Agreement for
a period of three (3) years from the termination of this Agreement.
ADMINISTRATIVE REQUIREMENTS:
A. Financial Mana.qement
1. Accountin.q Standards
The Subrecipient agrees to comply with Attachment F of OMB Circular A-110
and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source docu-
mentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB
Circulars A-122, "Cost Principles for Non-Profit Organizations, for all costs
incurred whether charged on a direct or indirect basis.
B. Documentation and Record-Keepinq
1. Records to be Maintained
The Subrecipient shall maintain all records that are pertinent to the activities to
be funded under this Agreement, including but not limited to:
a. Records providing a full description of each activity undertaken;
Records required to document the acquisition, improvement, use
or disposition of real property acquired or improved with CDBG
assistance;
Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program; and
F~nancial records as required by 24 CFR Part 570.502, and OMB
Circular A-1 10.
2. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to a signed and
dated verification of income statement, or other basis for determining eligibility,
and description of service provided. Such information shall be made available
to City monitors or their designees for review upon request.
IV.
6
3. National Objectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this contract benefit low/moderate
income persons, as defined in 24 CFR Part 570 208.
C. Procurement
1. Compliance
The Subrecipient shall comply with current City policy concerning the purchase
of equipment and shall maintain an inventory record of all non-expendable
personal property as defined by such policy as may be procured with funds
provided herein. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the City upon termination of this contract.
2. OMB Standards
The Subrecipient shall have access, through the Iowa City Planning Department,
copies of the following materials: A-133, A-122, Attachment O of OMB Circular
A-110, Procurement Standards and shall subsequently follow Attachment N,
Property Management Standards, covering utilization and disposal of property.
D. Amendments
The City and Subrecipient may, by mutual agreement, amend this Agreement at any
time provided that such amendments are executed in wdting and signed by a duly
authorized representative of both organizations. Such amendments shall not invalidate
this Agreement, nor relieve or release the City or Subrecipient from its obligations under
this Agreement.
NON-DISCRIMINATION:
No person shall be excluded from or denied the benefits of the Agency's
on the basis of age, race, color, religion, creed, national odgin, sex,/n~ir
status, disability or sexual orientation. All current and prospective project benefi-
ciaries must, however, be persons in need of the programs provided by the
Agency.
Section 504 Compliance. The Agency confirms that no otherwise qualified
individual with handicaps shall, solely by reason of his/her handicap, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination
under any program o~ activity receiving federal financial assistance. This in-
cludes, but is not limited to, programs and/or activities related to housing, em-
ployment, and the delivery of services.
i dent i ty
Vi.
EQUAL EMPLOYMENT OPPORTUNITY:
The Agency certifies that it is an "Equal Opportunity Employer'' and that it will comply
with Title 2 (Human Rights) of the Iowa City Code, Chapter 216 (State Civil Rights) of
the Iowa Code, and all applicable regulations of the U.S. Department of Housing and
Urban Development pertaining to equal opportunity and affirmative action in employ-
ment. Further, the Agency shall ensure that all contracts for work under this Agreement
contain appropriate equal employment opportunity statements.
SECTION 3:
The Subrecipient agrees to comply with Section 3 requirements, the regulations set forth
in 24 CFR 135, and the CDBG program requirements under 24 CFR part 570.
The work to be performed under this contract is subject to the require-
ments of Section 3 of the Housing and Urban Development Act of 1968,
as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is
to ensure that employment and other economic opportunities generated
by HUD assistance or HUD-assisted projects covered by Section 3 shall,
to the greatest extent feasible, be directed to low and very low income
persons, particularly persons who are recipients of HUD assistance for
housing.
The parties to this contract agree to comply with HUD's regulations in 24
CFR part 135, which implement Section 3. As evidenced by their execu-
tion of this contract, the parties to this contract certify that they are under
no contractual or other impediment that would prevent them from com-
plying with the part 135 regulations.
The contractor agrees to send to each labor organization or representa-
tive of workers with which the contractor has a collective bargaining
agreement or other understanding, if any, a notice advising the labor
organization or workers' representative of the contractor's commitments
under this Section 3 clause, and will post copies of the notice in conspic-
uous places at the work site where both employees and applicants for
training and employment positions can see the notice. The notice shall
descdbe the Section 3 preference, shall set forth minimum number and
job titles subject to hire, availability of apprenticeship and training positi-
ons, the qualifications for each; and the name and location of the per-
son(s) taking applications for each of the positions; and the anticipated
date the work shall begin.
The contractor agrees to include this Section 3 clause in every subcontr-
act subject to compliance with the regulations in 24 CFR part 135, and
agrees to take appropriate action, as provided in an applicable provision
of the subcontract or in this Section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR part 135. The
contractor will not subcontract with any subcontractor where the contr-
8
actor has notice or knowledge that the subcontractor has been found in
violation of the regulations in 24 CFR art 135.
The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but
before the contract is executed, and (2) with persons other than those
whom the regulations of 24 CFR part 135 require employment opportunit-
ies to be directed, were not filled to circumvent the contractor's obligati-
ons under 24 CFR part 135.
Noncompliance with HUD's regulations in 24 CFR part 135 may result in
sanctions, termination of this contract for default, and debarment or sus-
pension from future HUD assisted contracts.
With respect to work performed in connection with Section 3 covered I-
ndian housing assistance, section 7(b) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450e) also applies to the work
to be performed under this contract. Section 7(b) requires that to the gr-
eatest extent feasible (I) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of
contracts and sub-contracts shall be given to Indian organizations and I-
ndian-owned Economic Enterprises. Parties to this contract that are subj-
ect to the provisions of Section 3 and section 7(b) agree to comply with
Section 3 to the maximum extent feasible, but not in derogation of compl-
iance with section 7(b).
VII. TERMINATION OF AGREEMENT FOR CAUSE_:
If the Agency fails to fulfill its obligations under this Agreement in a timely and proper
manner, of if the Agency violates any of the terms, agreements or stipulations of this
Agreement, the City shall thereupon have the right to terminate this Agreement by giving
wdtten notice to the Agency of such termination, speci~ing the default or defaults, and
stating that this Agreement shall be terminated 30 days after the giving of such notice
unless such default or defaults are remedied within such cure period. The City shall be
obligated to make no payment due hereunder after it gives said notice unless the
defaults are remedied within said 30 day period. In the event of such termination, the
Agency may be required to repay to the City the full contract amount of $25,235.00, or
that portion of the amounts which have been disbursed to the Agency prior to such ter-
mination.
VIII. TERMINATION OF AGREEMENT FOR CONVENIENCE:
This Agreement may be terminated in whole or in part upon the mutual agreement of
the parties hereto, in which case the City and the Agency shall agree upon the terminat-
ion conditions, including the effective date, the disposition of contract amounts, and in
the case of partial termination, the portion to be terminated. However, if, in the case of
partial termination, the City determines that the remaining portion of the award will not
IX.
XI.
9
accomplish the purposes for which the award was made, and the award is terminated
in its entirety, no further funding payments shall be made by the City to the Agency.
INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS:
No member or delegate to the Congress of the United States, and no resident
Commissioner, shall be admitted to any share or part of this Agreement, or to
any benefit to adse herefrom.
No member of the governing body of the City, no officer, employee, official or
agent of the City, or other local public official who exercises any functions or r-
esponsibilities in connection with the review, approval or carrying out of the Proj-
ect to which this Agreement pertains, shall have any pdvate interest, direct or i-
ndirect, in this Contract.
No federal funds appropriated under this Contract shall be paid, by or on behalf
of the Agency, to any person for influencing or attempting to influence a member
of Congress, an officer or employee of Congross or any federal agency 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 agr-
eement, and the extension, continuation, renewal, amendment or modification
of any federal contract, grant, loan or agreement.
If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection w~th this federal contract,
the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
The Subrecipient shall require that the language of this certification be included
in the award documents for all sub-Subrecipients and that all sub-Subrecipients
shall cedify and disclose accordingly.
CONFLICT OF INTEREST:
The Agency covenants that it has no interest and shall not acquire any interest, direct
or indirect, which would conflict in any manner or degree with the performance of the
services to be undertaken through this Agreement. The Agency further covenants that
in the performance of this Agreement, no person having such an interest shall be ~mpl-
oyed by the Agency.
ASSIGNABILITY:
The Agency shall not assign or transfer any interest in this Agreement without the prior
written approval of the City. Any assignment made without such consent shall be void.
This Agreement shall be binding upon and shall inure to the benefit of the successors
and assigns of the parties hereto.
10
XII. HOLD HARMLESS PROVISION:
The Agency shall indemnify, defend and hold harmless the City, its officers, employees
and agents from all liability, loss, cost, damage and expense (including reasonable attor-
ney's fees and court costs) resulting from or incurred by reason of any actions based
upon the negligent acts or omissions of the Agency's employees or agents during the
performance of this Agreement.
Xlll. WORKERS' COMPENSATION:
The Subrecipient shall provide Workers' Compensation Insurance coverage for all
employees involved in the performance of this Contract.
XIV. LIMITATIONS OF CITY LIABILITY o DISCLAIMER OF RELATIONSHIP:
The City shall not be liable to the Agency, or to any party, for completion of or failure
to complete any ofthe programs that are included in this Agreement. Nothing contained
in this Agreement, nor any act or omission of the City or the Agency, shall be construed
to create any special duty, relationship, third-party beneficiary. respondeat superior, limi-
ted or general partnership, joint venture, or any association by reason of the Agency's
involvement with the City.
SEVERABILITY CLAUSE
XV. If any one or more of the provisions contained in this Agreement are held to be invalid,
dlegal, or unenforceable, this Agreement shall be deemed severable and the remainder
of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Padies hereto have executed this Agreement on this ~ day
of ,,,~,,.~, , 1996.
CITY OF IOWA CITY, IOWA
Mayor
MID-EASTERN COUNCIL
ON CHEMICAL ABUSE
Executive Direc~r
Board Member
A~,t..ed by ~
City Attorney's Office
11
ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
Ont~s ~/~ day of, 3~_ ,19 ~'/.,. , before me,
.~,,.,,L a Nota~y~"~ublic in and for said State, personally appeared Naomi
J. Novick 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 hereto is the seal of said municipal
corporate, and that the said Naomi J. Novick and Marian K. Karr acknowledged the execution
said instrument to be the voluntary act and deed and said municipal corporation, by it and by
them voluntarily executed.
Notary Public in and for Johnson County, Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /~, day of ,..~u.~-ct , 19 ~, before me, the undersigned, a
Notary P_ublic in and for the.State o¢'lowa, personally appeared ,~,~4-~ ~c.~,~ t[.
and '"/'?~n~.~ L. A~.r~,~ , to me personally known, who being by me duly sworn,
did say that they are the ~_,~-~,.,( .J3',~ ~',~,- and ~.r-,.J ~,.- , respecti-
vely. of the corporation executing the foregoing instrument; that no seal has been procured by
the corporation; that the instrument was signed on behalf of the corporation by authority of its
Board of Directors; that 40.~,~. ~c~_1'~- and '-7'),~r,,~.~ L. [2~,,,~_ acknowledged
the execution of the instrument to be the voluntary act and deed of the corporation and of the
fiduciary, by it, by them and as fiduciary voluntarily executed.
contracts~'neccahud.agt
Notary Public in and for the State of Iowa
Prepared by: Linda Severson. Human Sewices Coordinator. 410 E. Washington St.. Iowa City, IA 52240 (319)
356-5242
AGREEMENT BETWEEN THE CITY OF IOWA cI'rY
AND UNITED ACTION FOR YOUTH
FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, entered into this 16 day of Ju].y ,1996, by and between the City
of Iowa City, a municipal corporation ("City"), and United Action for Youth ("Agency");
WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds
granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the
Housing and Community Development Act of 1974, as amended (Public Law 93-383) and
under the 1992 National Affordable Housing Act (Public Law 102-550); and
WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in providing services
to young people in Iowa City.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
PART I
PURPOSE AND SCOPE OF SERVICES:
The Agency shall use the CDBG funds disbursed under this Agreement
for administrative and operational expenses of the Agency. Specifically,
these funds will be used for approximately 35% of the Executive
Director's salary, 10% of the Associate Director's salary, 10% of the
Business Director's salary, a portion of the expenditures for taxes and
benefits for the Executive Director, Associate Director, and Business
Director, and a portion of the expenditures for utilities for the Youth
Center.
The Agency staff of approximately 22 FTEs shall provide assistance to
approximately 1800 young people and 400 parents during the year
ending June 30, 1997.
Dudng the term of this Agreement, the Agency shall provide assistance to young
people, especially those who are alienated from traditional approaches to youth
service, in identifying their individual needs and opportunities, and to facilitate
meeting the same in the best interests of the individual with regard for the
community. Further details of these services are outlined in the Agency's
Program Information and Goals and Objectives Statement for FY97. Specifically:
The Agency agrees to plan and conduct a comprehensive Counseling
and Prevention Program to locate youth who are experiencing difficulty
2
and to serve and assist troubled youth who are identified as being under
severe stress which, if not relieved, is likely to result in delinquent
behavior. The Counseling and Prevention Program shall include the
following components:
a. Staff and maintain a walk-in center which will be open weekdays.
Maintain visibility and have planned and purposeful contact with
youth in the community.
Develop trust and rapport with young people to enable the
Counseling and Prevention staff to effectively perform their duties.
Maintain records of Counseling and Prevention workers, including
youth contacts, activities and referrals.
Build and estab!ish working relationships and communications
with other agencies in the community.
The Agency agrees to provide appropriate Counseling and Prevention
services to youth as determined by individual needs. At a minimum, such
services shall include:
Street counseling through personal interaction in the youth
environment, maintaining a relationship with individuals, assisting
them in clarifying their current needs, and determining a course
of action that is in their best interest.
Crisis intervention by seeking out young people experiencing a
crisis situation and being available to alleviate their current
situation.
Identification and utilization of available referral services to assist
young people in meeting their needs or improving their current
situation.
Consultation with and referral of youth to other agencies in the
community, remaining available as a resource when appropriate
for individual youth. Wdtten records of all referrals will be
maintained.
Follow-up on all Counseling and Prevention provided to young
people to evaluate individual situations and determine if further
assistance is needed.
The Agency shall solicit and document ongoing feedback from clients,
their families, and other agencies regarding the effectiveness of
Counseling and Prevention, including information regarding client needs,
their level of trust and rapport with the Agency's staff, others' perceptions
of the Agency's effectiveness, and service gaps among agencies.
The Agency shall operate in compliance with all applicable federal, state
and local regulations regarding its program services.
II.
Ill.
IV.
3
TIME OF PERFORMANCE:
This Agreement shall commence upon execution by the City and the Agency and shall
terminate on June 30, 1997.
PROPOSED PROJECT BUDGET:
Amount
Salaries:
Executive Director
Associate Director
Business Director
Benefits
$14,378.00
3,257.00
2,743.00
3,260.00
Utilities
TOTAL PROJECT COSTS
TOTAL CDBG GRANT
1,022.00
$24,660.00
$24,660.00
COMPENSATION AND METHOD OF PAYMENT:
The City shall pay and the Agency agrees to accept in full no more than Twenty-
four Thousand and Six Hundred and Sixty Dollars and No Cents ($24,660.00)
for performance under this Agreement as follows.
Partial payments shall be made monthly, with the first payment to commence
July 1, 1996. Requests for each monthly payment shall be submitted together
with all time sheets and all other source documents by the fourth day following
the end of each calendar month. Quarterly reports shall continue to be
submitted as required by this Agreement.
TERMS AND CONDITIONS'
The Subrecipient agrees to comply with all applicable federal, state, and local
laws and regulations goveming the funds provided under this contract.
The City shall have no additional responsibility or liability for the maintenance,
operation or program funding for the Agency beyond the obligation to pay the
funds as set forth in this agreement.
Except as provided herein, the terms of this Agreement shall be effective from
the date of execution through June 30, 1997.
In the event the Agency discontinues its services, and/or the project/program
funded under this Agreement pdor to June 30, 1997, ceases, all real and
personal property (tangible and intangible) secured with the CDBG funds under
this Agreement shall revert to the City. If the property has been disposed of,
then the City will be reimbursed in the amount of the current fair market value
of the property less any portion attributable to non-CDBG funds. (Personal
property includes, but is not limited to, equipment, furnishings and vehicles.)
4
Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee
between the parties. The Subrecipient shall at all times remain an independent
contractor with respect to the services to be performed under this Agreement.
The City shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and/or medical insurance and Workers' Compensation
Insurance as the Subrecipient is an independent Contractor.
During the period of this Agreement, effective as of the start of the Project, the
Subrecipient shall, at its own expense, procure and maintain all-risk property
damage and liability insurance. Property damage coverage shall not be less
than the current market value of the property. Liability coverage which shall
include contractual insurance as well as comprehensive form insurance, and
which shall provide coverages of not less than $250,000 bodily injury per person,
$500,000 bodily injury per occurrence, and $100,000 property damage. Proof
of insurance shall be shown to the City by furnishing a copy of the certificate of
insurance issued by an insurance company licensed to do business in the State
of Iowa. The certificate of insurance shall include a statement guaranteeing that
the insurance company shall notify the Community Development Coordinator
within 30 days of the lapse of said policy. The Subrecipient shall provide
Workers' Compensation Insurance coverage for all employees involved in the
performance of this contract.
PART II
I. PERFORMANCE AND REPORTING:
The Agency shall direct all notices, reports, insurance policies, and other
communications related to or required by this Agreement to the office of the Iowa
City Community Development Coordinator, 410 E. Washington Street, Iowa City,
Iowa 52240. Notice by both Agency and City shall be given by ordinary mail.
On or before the first day of the second month following the end of each
calendar quarter, the Agency shall submit to the City copies of all board minutes,
a quarterly accounting and a quarterly program report. Each quarterly program
report shall include statistical information concerning the number and pementage
of agency clients who are low-income or moderate-income, the racial composi-
tion and age range of the Agency's client group, and the number of female-
headed households which were served. In addibon, the last quarterly report
shall indicate how many temporary and permanent jobs have been created or
retained by the funding of this program.
Not later than July 31, 1997, the Agency shall provide the City with a certified
statement of the expenditure of funds disbursed under this Agreement.
Following completion of the Project, the Subrecipient shall submit an annual
report by the first day of December, 1997. The annual report shall, at a
minimum, include statistics pertaining to the number and place of residence of
clients served at the Subrecipienrs Facility.
For projects involving $25,000 or more, an audit report which meets the
specifications set forth in OMB Circular A-133, "Audits of Institutions of Higher
II.
Ill.
Education and Other Nonprofit Organizations," and which discloses the expendi-
ture of CDBG funds allocated for this Project, shall be submitted by October 31,
1997.
OTHER REPORTS, AUDITS AND INSPECTIONS:
The Agency shall promptly furnish the City or HUD with such statements,
records, data and information as the City or HUD may reasonably request
pertaining to this Agreement.
During the term of this Agreement, any time dudng normal business hours, the
Agency shall make available to the City, HUD and/or the Comptroller General
of the United States, or their duly authorized representatives, all of the Agency's
records in order to permit examination of any audits, invoices, materials, payrolls,
personnel records, conditions of employment, and other data relating to all
matters covered by this Agreement. No report or publication resulting from any
such inspection, audit, examination, site visit or survey shall disclose the name
or other identifying information concerning persons using the Agency's services.
The Agency shall retain financial records, supporting documents, statistical
records, and all other records pertaining to expenditures under this Agreement
for a period of three (3) years from the termination of this Agreement.
ADMINISTRATIVE REQUIREMENTS:
A. Financial Mana.qement
1. Accountinq Standards
The Subrecipient agrees to comply with Attachment F of OMB Circular A-110
and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary soume
documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB
Circulars A-122, "Cost Principles for Non-Profit Organizations," for all costs
recurred whether charged on a direct or indirect basis.
B. Documentation and Record-Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records that are pertinent to the activities to
be funded under this Agreement, including but not limited to:
a. Records providing a full description of each activity undertaken;
Records required to document the acquisition, improvement, use
or disposition of real property acquired or improved with CDBG
assistance;
IV.
6
Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program; and
Financial records as required by 24 CFR Part 570.502, and OMB
Circular A-110.
2. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to a signed and
dated verification of income statement, or other basis for determining eligibility,
and description of service provided. Such information shall be made available
to City monitors or their designees for review upon request.
3. National Obiectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carded out with funds provided under this contract benefit low/moderate
income persons, as defined in 24 CFR Part 570.208.
C. Procurement
1. Compliance
The Subrecipient shall comply with current City policy conceming the purchase
of equipment and shall maintain an inventory record of all non-expendable
personal property as defined by such policy as may be procured with funds
provided herein. All program assets (unexpended program income, property,
equipment, etc.) shall revert to the City upon termination of this contract.
2. OMB Standards
The Subrecipient shall have access through the Iowa City Planning Department
copies of the following materials: A-133, A-122, Attachment O of OMB Circular
A-110, Procurement Standards, and shall subsequently follow Attachment N,
Property Management Standards, covedng utilization and disposal of property.
Copies of said circulars are provided and by execution of this Agreement, the
Subrecipient acknowledges their receipt.
D. Amendments
The City and Subrecipient may, by mutual agreement, amend this Agreement at any
time provided that such amendments are executed in writing and signed by a duly
authorized representative of both organizations. Such amendments shall not invalidate
this Agreement, nor relieve or release the City or Subrecipient from its obligations under
this Agreement.
NON-DISCRIMINATION:
No person shall be excluded from or denied the benefits of the Agency's service
on the basis of age, race, color, religion, creed, national origin, sex, marital
status, disability/or sexual orientation. All current and prospective project
gender identity,
VI.
7
beneficiaries must, however, be persons in need of the programs provided by
the Agency.
Section 504 Compliance. The Agency confirms that no otherwise qualified
individual with handicaps shall, solely by reason of his/her handicap, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving federal financial assistance. This
includes, but is not limited to, programs and/or activities related to housing,
employment, and the delivery of services.
EQUAL EMPLOYr~ENT OPPORTUNITY:
The Agency certifies that it is an "Equal Opportunity Employer" and that it will comply
with Title 2 (Human Rights) of the Iowa City Code, Chapter 216 (State Civil Rights) of
the Iowa Code, and all applicable regulations of the U.S. Department of Housing and
Urban Development pertaining to equal opportunity and affirmative action in employ-
ment. Further, the Agency shall ensure that all contracts for work under this Agreement
contain appropriate equal employment opportunity statements.
SECTION 3:
The Subrecipient agrees to comply with Section 3 requirements, the regulations set forth
in 24 CFR 135 and the CDBG program requirements under 24 CFR part 570.
The work to be pe[formed under this contract is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employ-
ment and other economic opportunities generated by HUD assistance or
HUD-assisted projects covered by Section 3 shall, to the greatest extent feasible,
be directed to low and very low ~ncome persons, particularly persons who are
recipients of HUD assistance for housing.
The parties to this contract agree to comply with HUD's regulations in 24 CFR
part 135, which ~mplement Section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or
other impediment that would prevent them from complying with the part 135
regulations.
The contractor agrees to send to each labor organization or representative of
workers with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location of the
person(s) taking applications for each of the positions; and the anticipated date
the work shall begin.
The contractor agrees to include this Section 3 clause in every subcontract
subject to compliance with the regulations in 24 CFR part 135, and agrees to
take appropriate action, as provided in an applicable provision of the subcontract
VII.
or in this Section 3 clause, upon a finding that the subcontractor is ~n violation
of the regulations in 24 CFR part 135. The contractor will not subcontract with
any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the
contract is executed, and (2) with persons other than those whom the regulations
of 24 CFR part 135 require employment opportunities to be directed, were not
filled to circumvent the contractor's obligations under 24 CFR part 135.
Noncompliance with HUD's regulations in 24 CFR part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension
from future HUD assisted contracts. With respect to work performed in
connection with Section 3 covered Indian housing assistance, section 7(b) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to be performed under this contract. Section 7(b) requires
that to the greatest extent feasible (I) preference and opportunities for training
and employment shall be given to Indians, and (ii) preference in the award of
contracts and sub-contracts shall be given to Indian organizations and
Indian-owned Economic Enterprises. Parties to this contract that are subject to
the provisions of Section 3 and section 7(b) agree to comply with Section 3 to
the maximum extent feasible, but not in derogation of compliance with section
7(b).
TERMINATION OF AGREEMENT FOR CAUSE:
If the Agency fails to fulfill its obligations under this Agreement in a timely and proper
manner, or if the Agency wolates any of the terms, agreements or stipulations of this
Agreement, the City shall thereupon have the right to terminate this Agreement by giving
written notice to the Agency of such termination, specifying the default or defaults, and
stating that this Agreement shall be terminated 30 days after the giving of such notice
unless such default or defaults are remedied within such cure period. The City shall be
obligated to make no payment due hereunder after it gives said notice unless the
defaults are remedied within said 30-day pedod. In the event of such termination, the
Agency may be required to repay to the City the full contract amount of $24,660.00, or
that portion of the amounts which have been disbursed to the Agency prior to such
termination.
VIII. TERMINATION OF AGREEMENT FOR CONVENIENCE:
This Agreement may be terminated in whole or in part upon the mutual agreement of
the parties hereto, in which case the City and the Agency shall agree upon the
termination conditions, including the effective date, the disposition of contract amounts,
ad in the case of partial termination, the portion to be terminated. However, if, in the
case of partial termination, the City determines that the remaining portion of the award
will not accomplish the purposes for which the award was made, and the award is
terminated in its entirety, no further funding payments shall be made by the City to the
Agency.
IX.
XI.
9
INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS:
No member or delegate to the Congress of the United States, and no resident
Commissioner, shall be admitted to any share or part of this Agreement, or to
any benefit to arise herefrom.
No member of the governing body of the City, no officer, employee, official or
agent of the City, or other local public official who exercises any functions or
responsibilities in connection with the review, approval or carrying out of the
Project to which this Agreement pertains, shall have any private interest, direct
or indirect, in this Contract.
No federal funds appropriated under this contract shall be paid, by or on behalf
of the Agency, to any person for influencing or attempting to influence a member
of Congress, an officer or employee of Congress or any federal agency 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 agreement.
If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this federal contract,
the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
The Subrecipient shall require that the language of this certification be included
in the award documents for all sub-Subrecipients and that all sub-Subrecipients
shall certify and disclose accordingly.
CONFLICT OF INTEREST:
The Agency covenants that it has no interest and shall not acquire any interest, direct
or indirect, which would conflict in any manner or degree with the performance of the
services to be undertaken through this Agreement. The Agency further covenants that
in the performance of this Agreement, no person having such an interest shall be
employed by the Agency.
ASSIGNABILITY:
The Agency shall not assign or transfer any interest in this Agreement without the pdor
written approval of the City. Any assignment made without such consent shall be void.
This Agreement shall be binding upon and shall inure to the benefit of the successors
and assigns of the padies hereto.
XII. HOLD HARMLESS PROVISION:
The Agency shall indemnify, defend and hold harmless the City, its officers, employees
and agents from all liability, loss, cost, damage and expense (including reasonable
attorney's fees and court costs) resulting from or incurred by reason of any actions
based upon the negligent acts or omissions of the Agency's employees or agents during
the performance of this Agreement.
10
XIII. WORKERS' COMPENSATION:
The Subrecipient shall provide Workers' Compensation Insurance coverage for all
employees involved in the performance of this contract.
XIV. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP:
The City shall not be liable to the Agency, or to any party, for completion of or failure
to complete any of the programs that are included in this Agreement. Nothing contained
in this Agreement, nor any act or omission of the City or the Agency, shall be construed
to create any special duty, relationship, third-party beneficiary, respondeat superior,
limited or general partnership, joint venture or any association by reason of the
Agency's involvement with the City.
XV. SEVERABILITY CLAUSE:
If any one or more of the provisions contained in this Agreement are held to be invalid,
illegal, or unenforceable, this Agreement shall be deemed severable and the remainder
of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this
day of ..~,.¥ . 1996.
CITY OF IOWA CITY, IOWA
UNITED ACTION FOR YOUTH
A'FI'EST: City~ ~'
E~,e'cutive D~rector
City Attorney's Office
?-II -eL.
ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
Onthis /~,-/k. day of, ...)~J .19 ~'~ ,before me, .~=,n~.-,~
[~'~,,2f-- a Nota~L'~Public in and for said State, personally appeared Naomi
J. Novick 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 hereto is the seal of said municipal
corporate, and that the said Naomi J. Novick and Madan K. Karr acknowledged the execution
said instrument to be the voluntary act and deed and said municipal corporation, by it and by
them voluntarily executed.
Notary Public in and for Johnson County, Iowa
11
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /'/~ Y-~ day of ,,~,_,~ ,19.~.~.., before me, the undersigned, a
Notary Public in and for the State ~f Iowa, personally appeared ~, ,.,q, $~ ~o~; ~
and ~/; ;z~ ~,~ ~ 1~'- ~q¢~. , to me personally known, who being by me duly sworn,
did say that they are the~ ~.~,~ec,~-I';~- J~',~,~ and ~_,¢,A N~,.~-.._ ,
respectively, of the corporation executing the foregoing instrument; that no seal has been
procured by the corporation; that the inst.rument was signed on behalf of the corporation by
authority of its Board of Directors; that ~,m..S~.o~,.~ and ~1 ;-~_~-J,.. FL. ~,~
acknowledged the execution of the instrument to be the voluntary act and deed of th~
corporation and of the fiduciary, by it, by them and as fiduciary voluntarily executed.
contracts\uayhud.agt
Notary Public in and for the State of Iowa
Prepared by: Jeanne Somsky, Purchasing, 410 E. Washington St., Iowa C~t¥. IA 52240 {31 9)356-5076
RESOLUTION NO. 96-225
RESOLUTION AWARDING THE VEHICLE TOWING AND STORAGE SERVICES
CONTRACT TO BIG 10 UNIVERSITY TOWING, INC.
WHEREAS, on June 28, 1996, the City prepared requests for proposals for vehicle towing and
storage services for a three (3) year contract; and
WHEREAS, proposals were received and evaluated by staff according to the criteria set out
in the requests for proposal; and
WHEREAS, Big 10 University Towing, Inc. has submitted the proposal which best meets the
City's needs for a three (3) year towing contract, and will meet all requirements of the
proposal documents by start of contract; and
WHEREAS, it is in the public interest that the City of Iowa City, Iowa enter into a contract
with Big 10 University Towing, Inc. for towing and storage service, a copy of which is
attached to this resolution, to be effective on August 25, 1996.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Subject to Big 10's satisfaction of all particulars noted in their proposal by August 26,
1996 (e.g. fencing), the City hereby accepts the Big 10 University Towing, Inc.
proposal for towing service as in the public interest, and approves the Contract as to
content and form.
The Mayor is authorized to sign and the City Clerk to attest the attached contract on
behalf of the City.
3. The City Manager or designee is hereby authorized to administer said Contract.
Passed and approved this 16th day of Jul,y , 1996.
CITY CLERK
MAYOR
Approved bye,
C~y Attorney s Office
?-/--~- ~,,
MICROFILMED
BY
:."
CRES
INFORMATION TECHNOLOGIES
rr\J~j
Prepared by: Jeanne Somsky, Purchasing, 410 E. Washington St., Iowa City. IA 52240 {319)356-5076
RESOLUTION NO. 96-225
RESOLUTION AWARDING THE VEHICLE TOWING AND STORAGE SERVICES
CONTRACT TO BIG 10 UNIVERSITY TOWING, INC.
WHEREAS, on June 28, 1996, the City prepared requests for proposals for vehicle towing and
storage services for a three (3) year contract; and
WHEREAS, proposals were received and evaluated by staff according to the criteria set out
in the requests for proposal; and
WHEREAS, Rig 10 University Towing, Inc. has submitted the proposal which best meets the
City's needs for a three (3) year towing contract, and will meet all requirements of the
proposal documents by start of contract; and
WHEREAS, it is in the public interest that the City of Iowa City. Iowa enter into a contract
with Big 10 University Towing, Inc. for towing and storage service, a copy of which is
attached to this resolution, to be effective on August 25, 1996.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Subject to Big 10's satisfaction of all particulars noted in their proposal by August 26,
1996 (e.g. fencing), the City hereby accepts the Big 10 University Towing, Inc.
proposal for towing service as in the public interest, and approves the Contract as to
content and form.
The Mayor is authorized to sign and the City Clerk to attest the attached contract on
behalf of the City.
3. The City Manager or designee is hereby authorized to administer said Contract.
Passed and approved this 16th day of 3u],y , 1996.
ATTEST: /~~
CITY CLERK
MAYOR
Approved by,, ,
C~y Attorney s Office
Resolution No.
Page 2
96-225
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
Norton
AYES: NAYS: ABSENT:
X
X
X
X
X
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
CONTRACT
RFP #97-18, VEHICLE TOWING AND STORAGE SERVICES
THIS AGREEMENT, made and entered into this 16th day of'
July , 1996, by and between the CITY OF IOWA CITY, hereinafter
referred to as "City," and Big 10 University Towing, Inc., hereinafter referred to as "Contractor."
WHEREAS, the City has prepared certain lists, specifications, and proposal blanks, dated and
filed the 28th day June, 1996, for RFP #97-18, Vehicle Towing and Storage Services.
WHEREAS, it is in the public interest to enter into a Contract to carry out the towing and
storage of motor vehicles in Iowa City; and
VVHEREAS, said lists, specifications, and proposal accurately and fully describe the terms and
conditions upon which the Contractor is willing to perform the work specified.
NOW, THEREFORE, in consideration oftheir mutual promises, it is agreed between the ParUes
as follows:
The City hereby accepts the Contractor's proposal for the work and for the sums listed
in the attached rate sheets, in accordance with the requirements of the proposal docu-
ments.
City and Contractor agree this Contract consists of the following component pairs, which
are made a part of this Contract by reference, as if set out in full herein:
a. Specifications, including
(1) Notice to Bidders
(2) General Specifications
(3) Information and Rate Sheets
Contractor's Proposal
This Instrument/Contract
Payments are to be made to the Contractor in accordance with and subject to the provi-
sions set forth herein, together with the documents made a part of this Contract.
This Contract is executed in duplicate.
RFP ¢¢97-18. Sec. II. Page 2
CITY OF IOWA CITY, IOWA
Title
AI-FEST:
Title
Approved by
City Attorney s Office ,7-/,,~- ?,&
finpurch\towing.ctr
RFP //97-18, Sec. V, Page 1
SECTION V. RATE SHEETS
RFP #97-18, VEHICLE TOWING AND STORAGE SERVICES
A. BIDDER AGREEMENT:
The undersigned agrees to provide vehicle towing and storage services for the City
of Iowa City, in accordance with the conditions and specifications of these bid
documents, and at the rates listed below.
2. The undersigned certifies that all information contained in Sec. IV, COMPANY
INFORMATION, is current and accurate.
3. Prices bid, less tax, must remain firm for the first year of the contract. Any change
of fee or charge may be made only on the ahniversary date of each year.
4. The City of Iowa City does not guarantee or imply that any specific number of tows
will occur, or is expected to occur, during the term of this contract.
B. RATES PROPOSED:
GROUP h Rates for Group I apply to those vehicles which are NOT owned by the
City, and services performed as a result of a call from a City dispatcher or official.
(City. owned or leased vehicles are included in Group II.)
GROUP I. CLASS A BID PRICE
STANDARD TOW ..................................... $ 40.00
DOLLY CHARGE ...................................... $ 15.00
MILEAGE OUTSIDE CITY LIMITS ........................... $ 1.00/mile
MILEAGE OUTSIDE CITY LIMITS ON DOLLYS .................. $ i .00/mile
WINCHING {First 1/2 hour) ............................... $ 15.
WINCHING (After first 1/2 hour) ........................... $
TIRE OR WHEEL CHANGE ............................... $ 20.00
STANDBY TIME (First 1/2 hour) ........................... $ 15.00
STANDBY TIME (After first 1/2 hour) ........................ $ 15.00
SHOW-UP FEE ....................................... $ _2,_0_,J3.Q
GROUPI. CLASS C: TOWING AND/OR RECOVERY BID PRICE
TRUCKS, TRACTORS. HOUSE TRAILERS, TRUCK TRAILERS,
BUSES, ETC ....................................... $ 75.00
TRUCK TRACTOR TRAILERS ............................. $ 75.00
AFTER HOURS RELEASE CHARGE ......................... $_2._0_._QD.
FIRST HOUR (Per Umt) .................................. $ ?q.(~C)
AFTER FIRST HOUR (Per Umt) ............................ $ 75.00
GROUP I. STORAGE BID PRICE
CARS. PICKUPS, MOTORCYCLES (Outside Storage) ............. $ ?. nn/ciay
CARS. PICKUPS, MOTORCYCLES (Inside Storage for firsz seven
days - by Police Request ONLY) ......................... $ ?.O0/c]ay
RFP //97-18, Sec. V, Page 2
GROUP Ih Rates for Group II apply ONLY to those vehicles which are owned or
leased by the City, and the services performed as a result o[ a call from a City Police
Officer or City employee.
GROUP II. CLASS A BID PRICE
STANDARD TOW .....................................
DOLLY CHARGE ...................................... $ _LS_,_0_Q
MILEAGE OUTSIDE CITY LIMITS ........................... $ 1.00/raile
MILEAGE OUTSIDE CITY LIMITS ON DOLLYS .................. $ 1.00/mile
WINCHING (First 1/2 hour) ............................... $ 15.00
WINCHING (After first 1/2 hour) ........................... $ 15.00
STANDBY TIME (First 112 hour) ...........................
STANDBY TIME (After first 1/2 hour) ........................
SHOW-UP FEE.. ......... : ............................ $
BID PRICE
GROUP II. CLASSC: TOWING AND/OR RECOVERY
TRUCKS, TRACTORS, BUSES ............................. $ 75_00
UNDERREACH ........................................ $ n/a
FIRST HOUR (Per Unit) .................................. $ 75.(30
AFTER FIRST HOUR (Per Unit) ............................ $ 75. O0
C. AUTHORIZED SIGNATURE
acknowledge that I have received Addenda #
NAME OF FIRM:
ADDRESS:
PHONE NUMBER:
FAX NUMBER:
97-18
Rig 10 lln~uprS~ty To~ing
qqRq Highway ! S,W
Iowa City Iowa
(319) 354-6970
NAME & TITLE OF REPRESENTATIVE: Matt J. Leonard P/.e~_ident.
DATE QUOTATION EXPIRES: June I 1999
CONTRACT
RFP #97-18, VEHICLE TOWING AND STORAGE SERVICES
THIS
referred to as
--NT, made and entered into this day of
, 1996, by and between the CITY OF- hereinafter
Id Big 10 University Towing, Inc., herein~ as "Contractor."
WHEREAS, the Cit prepared certain lists, specifications, and
filed the 28th day June, 996, for RFP #97-18, Vehicle Towing
dated and
Services.
WHEREAS, it is in the
storage of motor vehicles
interest to enter into a
owa City; and
carry out the towing and
WHEREAS, said lists,
conditions upon which the
and proposal
is willing
and fully describe the terms and
the work specified.
NOW, THEREFORE, in
as follows:
f their mutua!
;, it is agreed between the Parties
The City hereby accepts
in the attached rate sheets, in
merits.
proposal for the work and for the sums listed
with the requirements of the proposal docu-
City and Contractor agree this ¢
are made a part of this
a. Specifications,
(1) Notice
(2) General
(3)
and Rate
consists of the following component pads, which
as if set out in full herein:
b. )osal
c. This
Payments are
sions set fo
,/
made to the Contractor in
herein, together with the
is executed in duplicate.
with and subject to the provi-
a part of this Contract.
RFP #97-18, Sec. II, Page 2
CITY OF IOWA CITY, IOWA
CONTRACTOR
By
By
Title
ATTEST:
Title
ATTEST:
Title
Approved by
City Attorney's Office
finpurch~towing.ctr