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Home My WebLink About1995-07-18 ResolutionRESOLUTION NO, 95-185 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 application, 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: Holiday Inn Iowa City - 210 S. Dubuque Street Memories - 928 Maiden Lane Maxie's - 1920 Keokuk Street It was moved by Throgmorton and seconded by as read be adopted, and upon roll call there were: ?±gott AYES: NAYS: ABSENT: X X X X X X X that the Resolution Baker Horowitz Kubby Lehman Novick __ Pigott Throgmorton Passed and approved this 18th dayof CiTY CLERK ,July ,1995. ~'~ tot-~nney~O~e - - ~ \danceprm.res RESOLUTION NO. A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIF FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE OF THE 1995 CURB RAMP PROJECT, DIRECTING CITY CLERK TO NOTICE OI D HEARING, AND DIRECTING THE CITY ENGINEER SAID ON FILE FOR PUBLIC INSPECTION. BE IT 'HE COUNCIL OF THE CITY OF IOWA THAT: A public hearin for the August, 1995, the plans, specifications, form of the above-mentioned proj( p.m. in the CoL and estimate of cost to be held on the 1st day of Civic Center, Iowa City, Iowa. The City Clerk is hereb for the above-named having a general c (20) days before Jthorized and in a new,' in the City publish notice of the public hearing published at least once weekly and less than four (4) nor more than twenty A copy of the plans, construction of the abo Engineer in the office of the form of contract, and estimate of cost of the ect is hereby ordered placed on file by the City public inspection. Passed and approved this __ ,1995. ATTEST: CITY CLEF )R Approved by Attorney's Office It was moved adopted, and and seconded by 3on roll call there were: NAYS: ~NT: the Resolution be Baker Iorowitz an RESOLUTION NO. 95-186 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL LEACHATE LIFT STATION CONSTRUCTION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BYTHE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 1st day of August, 1995, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. A copy of the plans, specifications, form of contract, and estimate of cost of the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 18th day of Ju:Ly , 1995. ATTEST: ~~ CIT~CLERK MAYOR A~/~-~pp ve~ ~_/$_~_' Cit{/Attornby/s Office It was moved by Thrngmnrren . and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x X x x ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick __ Pigott Throgmorton RESOLUTION NO. 95-187 RESOLUTION ACCEPTING THE WORK FOR THE WHISPERING IVlF. ADOWS WETLAND PARK PROJECT - CONTRACTS 1 AND 2 WHEREAS, the Engineering Division has recommended that the work for construction of the Whispering Meadows Wetland Park Project as included in Contract 1 between the City of iowa City and Barkers, Inc., of Iowa City, Iowa, dated March 31, 1994, and Contract 2 between the City of Iowa City and Olson Brothers Sodding and Landscaping, Inc. of Marion, Iowa, dated March 25, 1994, be accepted and WHEREAS, the performance and payment bonds have been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa, Passed and approved this 18th day of July , 1995. MAY~OR ~:ed i~ney's 6ffice and seconded by It was moved by ?hrngmn~nn adopted, and upon roll call there were: Pigott AYES: NAYS: ABSENT: x x x x X x the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton CITY OF I0 WA CITY ENGINEER'S REPORT July 7, 1995 Honorable Mayor and City Council Iowa City, Iowa RE: Whispering Meadows Wetland Park Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Whispering Meadows Wetland Park Project has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required performance and payment bonds are on file in the City Clerk's Office. The final contract price is $126,703.89. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, -- Richard A. Fosse, P.E. City Engineer RESOLUTION NO, 95-188 RESOLUTION ACCEPTING THE WORK FOR THE NORTHWEST SANITARY SEWER PROJECT, PHASE I1. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Extension of 1,109 linear feet of 24~inch sanitary sewer, as constructed by Maxwell Construction of Iowa City, Iowa. WHEREAS, a maintenance bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted. Passed and approved this. 18th day of July , 1995. ATTEST: ~~ CITY'CLERK Approved by -.., City Attorney s Office It was moved by Throgmorton and seconded by adopted, and upon roll call there were: Pigott the Resolution be AYES: NAYS: ABSENT: X Baker x Horowitz x Kubby X Lehman x Novick x Pigott X Throgmorton CITY OF I0 WA CITY ENGINEER'S REPORT July 11, 1995 Honorable Mayor and City Council Iowa City, Iowa RE: Northwest Sanitary Sewer Project, Phase II Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Northwest Sanitary Sewer Project, Phase ii has been completed in substantial accordance with the plans and specifications o£ the Engineering Division of the City of Iowa City. The required performance and payment bonds are on file in the City Clerk's Office. The final contract price is $71,442,60. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, RicharffA. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY. IOWA 52240-1826 e (319) 256-5000 · FAX (~19) 356-2009 Passed and approved this RESOLUTION NO. 95-189 RESOLUTION ACCEPTING THE WORK FOP, THE 1994 MAINTENANCE AND REPAIR PROJECT - CAPITOL AND DUBUQUE STP`EET PARKING RAMPS WHEREAS, the Engineering Division has recommended that the work fo~'~onstruction of the 1994 Maintenance and Repair Project - Capitol and Dubuque Street Parking Ramps as included in a contract between the City of Iowa City and Advanced Chemical Technologies Inc. of Oklahoma City, Oklahoma, dated May 4, 1994, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. 18th day of 0uly ,1995, CIT~- CLERK Approved by. "----' "CJty Attorney s Office It was moved by Thro. gmorton and seconded by adopted, and upon roll call there were: AYES: NAYS: Pigott the Resolution be ABSENT: Baker x Horowitz X Kubby _ x - - Lehman X _ -- Novick .~x ._ - ' Pigott ~ -- ' Throgmorton July 11,1995 ENGINEER'S REPORT CITY OF I0 Wtl CITY Honorable Mayor and City Council Iowa City, Iowa 1994 Maintenance and Repair Project Capitol and Dubuque Street Parking Ramps Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the 1994 Maintenance and Repair Project- Capitol and Dubuque Street Parking Ramps has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The final contract price is $195,313.90. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer 410 EAST WASJlINOTON STREET · IOWA CITY. IOWA 52240-1826 · (319) 356-$000 · FAX (319) 3~6-5009 RESOLUTION NO. 95-190 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR MEADOWLARK CONDOMINIUMS. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Meadowlark Condominiums as constructed by B & D Construction Co. of Iowa City, Iowa. The storm sewer which the City is accepting is located within the Lakeside Drive right-of- way and consists of two (2) manholes (referred to as storm manholes, nos. 1 and 2, by the approved construction drawings) and approximately 115 linear feet of 12-inch diameter pipe. WHEREAS, maintenance bonds have been filed in the Public Works Department; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT; Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted. Passed and approved this ATTEST: CIT~-CLERK day of ~uly , 1995. Cit~ney' f~.~.~ It was moved by Thro~morton and seconded by adopted, and upon roll cell there were: PiRott the Resolution be AYES: NAYS: ABSENT: X x x X X x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton pweng~meadowE.¢es RESOLUTION NO, RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR MEADOWLARK CONDOMINIUMS, com~ he Engineering Division has certified that the following improveme~ ccordance with the plans and specifications of the City of been Sanitary storm sewer, and water main im as constructed by B & D Construction Co, of storm ch the City is accepting is located within the way and (2) manholes (referred to as storm by the approved 3n drawings) and approximately diameter pipe, Meadowlark City, Iowa. The de Drive right-of- nos. 1 and 2, linear feet of 12-inch WHEREAS, maintenance been filed in the City office; and NOW, THEREFORE, BE IT RE THE CITY COUi~ L OF IOWA CITY, IOWA, THAT: Said public improvements are hereby a( dedications and public improvements are of Iowa City, Iowa, and that all 'accepted. Passed and approved this day of , 1995. ATTEST: ,/~,~,.~) ~. CIT~CLERK It was moved by adopted, and upon rol AYE , and seconded by here were: NAYS: ABSENT: rney's Office the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ENGINEER'S REPORT CITY OF I0 WA CITY july 11,1995 Honorable Mayor and City Council Iowa City, Iowa RE: Meadowlark Condominiums Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, and water main improvements for Meadowlark Condominiums has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements constructed by B & D Construction Co. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richar8 A. Fosse, P.E. City Engineer RESOLUTION NO. 95-191 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE EXECUTED FOR PROPERTY LOCATED AT 431 NORTH VAN BUREN STREET, IOWA CITY, IOWA. WHEREAS, on April 30, 1992, the property owner of 431 North Van Buren Street executed a Promissory Note and a Mortgage in the amount of 98,500 in the form of a no interest Declining Balance Loan through the City's Rental Rehabilitation Program; and WHEREAS, said Promissory Note and Mortgage created a lien against the subject property; and WHEREAS, the property owner paid the balance of the Promissory Note of 96,800 on July 7, 1995. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 431 North Van Buren Street, Iowa City, Iowa, from an obligation to pay to the City the $8,500, which was recorded in Book 1401, Pages 32-43 and Book 1522, Page 47, respectively, of the Johnson County Recorder's Office. Passed and approved this ]P. ch day of July ,1995. It was moved by Th~:ogmnrrnn and seconded by ?tgott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x x x X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ppdrehab\43 lnvan.res RELEASE OF LIEN Date: The City of Iowa City does hereby release the property at 431 North Van Buren Street, Iowa City, Iowa, legally described as follows: The East 50 of the north 75 feet of Lot 1 in Block 49, in Iowa City, Iowa, according to the plat thereof recorded in Book 1, page 116, Plat records of Johnson County, Iowa from an obligation of the property owner to the City of Iowa City in the principal amount of $8,500 represented by a Promissory Note and Mortgage in the form of a 10-year, no interest Declining Balance Loan recorded in the Office of the Johnson County Recorder on July 8, 1992, in Book 1401, Pages 32-43 and Book 1522, Page 47. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. CITY OF IOWA CITY, IOWA ATTEST: By: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~' day of ,~J~ , A.D. 19 ~.-~ , before me, the undersigned, a Notary Public in and f~r said County, in said State, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, by authority of its City Council; and that the said Susan M. Horowitz and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed and said corporation, by it and by them voluntarily executed. ppdr}ehab\431 nvan,rel Notary Public in and for Johnson County, Iowa · · RESOLUTION NO. ,, RESOLUTION AUTHORIZING THE M,AYOR TO SIGN AND THE CITY CLERK TO ~ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE I~XECUTED FOR PROPERTY LOCATED AT 431 NORTH VAN BUREN STREET, IOWA CITY, IOWA, WHEREAS, on April 30, 1992, the property owner of 431 North Van Buren Stree a Promissory Note and a Mortgage in the amount of $8,500 in the form of Declining Balance Loan through the City's Rental Rehabilitation Program; and interest WHEREAS, said Promissory Note and Mortgage created a lien against the: and ect property; WHEREAS, the property owner paid the balance of the Promissory N 7, 1995, ' $6,800 on July NOW, THEREFORE, BE IT RES.OLVED BY THE CITY COUNCIL OF IOWA that the Mayor is authorized to sign and the City of Lien for recordation, whereby t, he City does release the prol Buren Street, Iowa City, Iowa, from, an obligation to pay to recorded in Book 1401, Pages 32-4~and Book 1522, County Recorder's Office. .\ Passed and approved this da~, IOWA CITY, :the attached Release ~ located at 431 North Van City the 98,500, which was of the Johnson ,1992. ATTEST: ~')'~,~.~ ~. CITY-CLERK It was moved by adopted, and upon roll call AYES: ppdrehab\431 nvan,res and seconded by~ NAYS: ABS\'ENT: the Resolution be iiiboia brisc° tney itz RESOLUTION NO. 95-192 A RESOLUTION VACATING THE PLAT OF DEAN OAKES FOURTH ADDITION, IOWA CITY, IOWA WHEREAS, the owner, Oakes Construction Company, filed with the City Clerk of Iowa City, Iowa an application to vacate the plat of Dean Oakes Fourth Addition; and WHEREAS, the Department of Planning and Community Development and the Public Works Department reviewed the requested vacation and recommended approval; and WHEREAS, the Planning end Zoning commission reviewed the requested vacation and, after due deliberation, recommended approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The plat of Dean Oakes Fourth Addition, Iowa City, Iowa, is hereby vacated. All areas previously set aside and dedicated for public use under the final plat and dedication of Dean Oakes Fourth Addition, Iowa City, Iowa, recorded in the records of the County Recorder, Johnson County, Iowa at Book 1785, page 272, et seq., are hereby reconveyed to the owner, Oakes Construction Company. As required by Iowa Code §354.22 {1995), the City Clerk is hereby authorized and directed to certify a copy of this Resolution and record the same with all other supporting documentation required by Iowa Code §354.22 (1995) at the expense of the owner at the Office of the County Reco' der of Johnson County, Iowa, Passed and approved this 18th CITY CLERK It was moved by Kubby and seconded by adopted, and upon roll call there were: day of ~uly , 1995. ~o~d by //"~__~ kX,,~) Attofla.,s/0 f f i a e ~'~./f _?f- Lehman the ~esolution be AYES: NAYS: ABSENT: x x x X x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton CERTIFICATE OF Ab~DITOR '.., ' I, Thomas Slockett, hereby certify, pursuant to Section 354.22 of the 1995 Code of Iowa, that I am the County Auditor of Johnson County, Iowa. The vacated plat of Dean Oakes Fourth Addition to Iowa City, Iowa and the legal description as set forth on Exhibit A is attached hereto and made a part hereof, and that I state that the legal description on Exhibit A adequately describes the tract in question for assessment and taxation purposes without reference to the vacated lots. Dated at Iowa City, Iowa this ~Z~-p¢ day of July, 1995. THOMAS SL~JCKETT Auditor, Johnson County, Iowa EXHIBIT A Beginning at the Northeasterly Comer of Lot 8, Dean Oakes Second Addition to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 30, at Page 18, of the Records of the Johnson County Recorder's Office; Thence N77°58'32"W, (A RECORDED BEARING), along the Northerly Line of said Dean Oakes Second Addition, 150.00 feet; Thence Northeasterly, 9.72 feet, along said Northerly Line, on a 300.00 foot radius curve, concave Southeasterly, whose 9.72 foot chord bears N12°57'09"E; Thence N76°07'09"W, along said Northerly Linc, 100.00 feet; Thence N88°49'57"W, along said Northerly Line, 70.28 feet; Thence N01°57'48"E, 143.49 feet; Thence S88°02'12"E, 27.02 feet; Thence Southeasterly, 208.25 feet, along a 649.52 foot radius curve, concave Southwesterly, whose 207.36 foot chord bears S78°5 l'05"E; Thence N20°20'02"E, 423.43 feet; Thence S 18°44' 15"E, 423.19 feet; Thence S38°21'16"E, 305.90 feet; Thence Southwesterly, 27.10 feet, along a 469.38 foot radius curve, concave southeasterly, whose 27.10 foot chord bears S49°59~29"W; Thence S48°20'15"W, 48.80 feet; Thence Southwesterly, 22.31 feet, along a 15.00 foot radius curve, concave Southeasterly, whose 20.31 foot chord bears S05°44'02"W; Thence Southeasterly, 22.08 feet, along a 463.73 foot radius curve, concave Southwesterly, whose 22.08 foot chord bears S35°30'20"E; Thence S34°08'29"E, 50.39 feet', Thence S55°51'31"W, 192.25 feet, to a Point on the Easterly Line of said Dema Oakes Second Addition; Thence N20°18'55"W, along said Easterly Line, 9.94 feet; Thence N29°49'18"W, along said Easterly Line, 62.00 feet; Thence N49°57'10"W, along said · Easterly Line, 216.17 feet; Thence N20°55'14"W, along said Easterly Line, 57.15 feet; Thence NO 1 °02'34"E, along said Easterly Line, 57.15 feet, to the Point of Beginning. Said Tract of Land Contains 5.21 Acres, more or less, and is subject to easements and restrictions of record. · · DECLARATION OF VACATION OF OFFICIAL PLAT COMES NOW OAKES CONSTRUCTION COMPANY, an Iowa Corporation, with principal offices in Iowa City, Iowa states that it is the owner of all of the land within the subdivision plat known and designated at DEAN OAKES FOURTH ADDITION IOWA CITY, IOWA, a plat of which was filed with the Office of the Johnson Coanty Recorder on July 22, 1994 and as set forth on Plat Book 34, Page 185 Office of said Johnson County Recorder. That the said Oakes Construction Company, as the proprietor and owner of all of the land as set forth in the final plat of Dean Oakes Fourth Addition Iowa City, Iowa does hereby declare that said final plat is vacated pursuant to the provisions of Section 354.22, 1995 Code of Iowa. That the said Oakes Construction Company will state that it is the owner of all eleven (1 I) lots as set forth on the final plat of Dean Oakes Fourth Addition and that after the vacation of said plat, the attached legal description is an accurate description to be used to describe the land after the vacation of said lots, which description is set forth on Exhibit A which is attached hereto and made a part hereof. IN WITNESS WHEREOF, we have hereunto set our hands on this~=~'~"~ day of July, 1995. OAKI~.S CONST~IvICTION COMPANY · DEAN G. OAKES, PRESIDENT OAKES, SECRETARY State of Iowa ) ) SS: County of Johnson ) On this ~ / day of July, 1995, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Dean G. Oakes and Evelyn M. Oakes, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary of the Corporation executing the within and foregoing instrument that no seal has been procured by the said corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Dkectors; and that Dean G. Oakes and Evelyn M. Oakes as such officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. MARION R. N~ELY, Notary Public 'a~.~ and for the State of Iowa EXHIBIT A Beginning at the Northeasterly Comer of Lot 8, Dean Oakes Second Addition to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 30, at Page 18, of the Records of the Johnson County Recorder's Office; Thence N77°58'32"W, (A RECORDED BEARING), along the Northerly Line of said Dean Oakes Second Addition, 150.00 feet; Thence Northeasterly, 9.72 feet, along said Northerly Line, on a 300.00 foot radius curve, concave Southeasterly, whose 9.72 foot chord bears N12°57'09"E; Thence N76°07'09"W, along said Northerly Line, 100.00 feet; Thence N88°49'57"W, along said Northerly Line, 70.28 feet; Thence N01°57'48"E, 143.49 feet; Thence 888°02'12"E, 27.02 feet; Ihence Southeasterly, 208.25 feet, along a 649.52 foot radius curve, concave Southwesterly, whose 207.36 foot chord bears 878°51'05"E; Thence N20°20'02"E, 423.43 feet; Thence S18°44'15"E, 423.19 feet; Thence S38°21'16"E, 305.90 feet; Thence Southwesterly, 27.10 feet, along a 469.38 foot radius curve, concave southeasterly, whose 27.10 foot chord bears S49°59'29"W; Thence S48°20'15"W, 48.80 feet; Thence Southwesterly, 22.31 feet, along a 15.00 foot radius curve, concave Southeasterly, whose 20.31 foot chord bears S05°44'02"W; Thence Southeasterly, 22.08 feet, along a 463.73 foot radius curve, concave Southwesterly, whose 22.08 foot chord bears S35°30'20"E; Thence S34°08'29"E, 50.39 feet; Thence S55°51'31"W, 192.25 feet, to a Point on the Easterly Line of said Dean Oakes Second Addition; Thence N20°lS'55"W, along said Easterly Line, 9.94 feet; Thence N29°49'IS"W, along said Easterly Line, 62.00 feet; Thence N49°57'10"W, along said Easterly Line, 216.17 feet; Thence N20°55'14"W, along said Easterly Line, 57.15 feet; Thence N01°02'34"E, along said Easterly Line, 57.15 feet, to the Point of Beginning. Said Tract of Land Contains 5.21 Acres, more or less, and is subject to easements and restfictions of record. RESOLUTION NO, A RESOLUTION VACATING THE PLAT OF DEAN OAKES FOURTH ADDITION, IOWA CITY, IOWA WHEREAS Iowa an owner, Oakes Construction Company, filed with the City Clerk of low vacate the plat of Dean Oakes Fourth Addition; and WHEREAS, the Planning and Community Development and the Works Department ;d the requested vacation and recommended approval; WHEREAS, the Pia ng and Zoning commission reviewed the requestec due deliberation, approval. cation and, after NOW, THEREFORE, IOWA, THAT: RESOLVED BY THE CITY COUNCIL OF IOWA CITY, 1. The plat of Dean .~s Fourth Addition, Iowa City, is hereby vacated. All areas previously dedication of Dean the County Recorder, hereby reconveyed to aside and dedicated fo use under the final plat and Iowa, recorded in the records of County, Book 1785, page 272, et seq., are Oakes ruction Company. As required by Iowa Code §3 of this Resolution for recordin the City Clerk is directed to certify a copy of the Johnson County Recorder. Passed and approved this ,1995. ATTEST:cIT" CL~ERK it was moved by adopted, and upo and :all there were: ~.YOR ~.~~~ orr f/s umce ;d by __ the Resolution be NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. A RESOLUTION VACATING THE PLAT OF DEAN OAKES FOURTH ADDITION, IOWA CITY, WHEREAS an applicatio ;r, Oakes Construction, Inc., filed with the plat of Dean Oakes Fourth Addition Iowa City, Iowa WHEREAS, the Department nt of Planning and Community uested vacation and recomm~ and the Public Works approval; and WHEREAS, the due deliberation Zoning commiss' ~d approval. the requested vacation and, after NOW, THEREFORE, BE IT IOWA, THAT: ILVED BY THE ~ICIL OF THE CITY OF IOWA CITY, 1. The plat of Dean Oakes Jrth Iowa City, Iowa, is hereby vacated. As required by Iowa Code Resolution with the Johnson (1993) the City Clerk is directed to record the Recorder. Passed and approved this ~y of ,1995. ~,4AYOR CITY CLERI< ~ 'City Attorney's Office and seconded by the Resorution be It was moved by were: adopted, and up( roll call there ES: NAYS: ~ ABSENT: _ \ __ Baker _ ~ __ Horowitz _ ~ Kubby ~ ~-- Lehman ~ Novick ~ Pigott ppdadmin~oakes4,res rogmorton RESOLUTION NO. 95-193 RESOLUTION APPROVING THE PRELIMINARY PLAT OF DEAN OAKES FIFTH ADDITION, IOWA CITY, IOWA, WHEREAS, the owner, Oakes Construction, Inc., filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Dean Oakes Fifth Addition; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Dean Oakes Fifth Addition, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this ]8th day of 5uly ,1995. It was moved by Kubby and seconded by adopted, and upon roll call there were: AYES: NAYS: Pigott ABSENT: the ResoLution be X _ X X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ppdadmln\oakes51h.ms RESOLUTION NO, ' "' RESOLUTION APPROVING THE PRELIM NARY PLAT OF WALDEN WOOD, .'i:,~'.~ WHEREAS, the owner, Myles Braverman, filed with the City Clerk of Iowa City, Iowa, an ~.;.:~ application for approval of the preliminary plat of Walden Wood, Part 8; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended accep{anca and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Walden Woods, Part 8, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this day of ,1995. ATTEST: CiTY CLERK MAYOR It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-194 RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART TWO, IOWA CITY, IOWA. WHEREAS, the owners, Dave-Ed Limited, filed with the City Clerk the final plat of Galway Hills, Part Two, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa: Commencing at the Northeast Corner of the Northwest Fractional Quarter, of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S89°07'30"W, along the Northerly Line of said Fractional Northwest Quarter, and the North Line of Galway Hills Subdivision, Part One, in accordance with the Plat thereof Recorded in Plat Book 31, at Page 247, of the Records of the Johnson County Recorder's Office, 406.23 feet to the Point of Beginning; Thence SO0 o 52'30" E, along the Westerly Line of said Galway Hills Subdivision, Part One, 50.11 feet; Thence S14°48'11 "E, along said Westerly Line, 334.48 feet; Thence N82°50'O7"W, along said Westerly Line, 142.91 feet; Thence S25°13'53"W, along said Westerly Line, 125.41 feet; Thence S03°03'15"W, along said Westerly line, 330.50 feet; Thence S17°21 '05"E, along said Westerly Line, 114.75 feet; thence S02°40'27"W, along said Westerly Line, 178.55 feet; Thence Northeasterly, 76.62 feet, along said Westerly Line on a 359.58 foot Radius Curve, concave Northwesterly, whose 76.47 foot chord bears N86°34'12"E; Thence S09°32'03"E, along said Westerly Line, 130.00 feet, to the Southwest Corner, of said Galway Hills Subdivision, Part One; Thence S67°38'08- "W, 11.61 feet; Thence N86°O3'50"W, 173.05 feet; Thence S42°41 '26"W, 101.30 feet; thence N47° 18'34"W, 19.93 feet; thence Northwesterly, 99.82 feet; along a 179.64 foot Radius Curve, concave Northeasterly, whose 98.54 foot chord bears N31 °23'28"W; Thence S74°31'39"W, 140.05 feet; Thence NO6°47'23"E, 155.65 feet; Thence Northwesterly, 112.56 feet, along a 179.64 foot Radius Curve, concave Northeasterly, whose 110.73 foot chord bears N65° 15'35"W; Thence N42 °41 '26"E, 50.00 feet; Thenco N37°34'14"E, 70.34 feet; Thence N21 °37'22"W, 542.61 feet; Thence N32°47'55"W, 206.73 feet, to a Point on the Easterly Right-of-Way Line of Primary Road No. 518 (218); Thence N57°15'00"E, along said Easterly right-of-Way Line, 201.06 feet; Thence NOO°30'OO"W, along said Easterly Right-of-Way Line, 44.00 feet; to its intersection with the Northerly Line of said Fractional Northwest Quarter; Thence N89°O7'30"E, along said Northerly Line, 624.87 feet, to the Point of Beginning. Said Tract of Land contains 14.71 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1993) and all other state and local requirements. · )l Resolution No. 95-194 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby 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 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 legal documents and the plat shall be recorded at the office of the County Recorder of Johnson County, Iowa at the own- er/subdivider's expense. The City Manager and/or Designee is hereby authorized to execute an appropriate release of lien upon payment of the sanitary sewer tap-on fee as imposed on each lot under Section 14-3B-3, Iowa City City Code. Passed and approved this 18th day of July , 1995. CITY CLERK ppdadmin~jaheay2.ms MAYOR C ey'~9']~e; ~'5 Resolution No. 95-194 Page 3 - It was moved by ?t~ot~ and seconded by adopted, and upon rol~ call there were: Kubby · AYES: NAYS: ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Resolution No, Page 2 lOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: The final plat and subdivision located on the above-described real estate be and the same are hereby approved, ~e City accepts the dedication of the streets and easements as provided ,cifically sets aside portions of the dedicated land, namely streets, ~ublic access at the time of recording for public safety reasons. The to said the final leg~ Iowa. ~open ~yor and City Clerk of the City of Iowa City, Iowa, are herelauthorized and upon approval by the City Attorney, to execute all leg~g ~bdivision, and to certify a copy of this resolution, be affixed to after passage and approval by law. The owner/s shall record the ents and the plat at the office of the Count, of Johnson County, Passed and 3~s day of ,1995. ATTEST: CITY CLERK ppdadmin~ga~wa¥2.res MAYOF \ City A~torney~,..O~f~e, ~-___J_ 21 TREE PROTECTION PLAN HILLS .SUB D tVtSIO N - IOWA CITY, IOWA P ART TWO AN INSPIGeON OF THE 'GtOV~' OF 10 OAKS ON 5/24/95 TREE: COMUENTS/OBSERVAllONS A) REVEALED THE FOLLOW3NG: T~EE: COMMENTS/OBSERVATIONS GENERALLY APPEARS TC BE HEALTHY 26-50' RADIUS DRIP LIRE LO~{R BRANCH TO WESr SHOULD BE REMOVED LOWER BRANCH TO SOU~WEST SHOULD BE REMOVED VIGOROUS LEAF OUT FAiR TO POOR CONDlll0.'.l '8-22' RADIUS DRiP UNE NORI'H 1/4 TO 1/3 OF ':~00T SYSTEM ~S GONE (.POSSIBLE TO PROBABLE WINDFALL HAZARD) PRCBABLY SHOULD BE REMOVED FAIR LFAF OUT. WOULD PROBABLY LIVE UN'RL ()AMAGED IN W1ND STORM. GENERALLY APPEARS TC BE HEALTHY J0-~-0' RADIUS DRIP U~E VICORDUS LEAF OUT ' FAIR TO POOR CONDlllO'~ 12-24-' RADIUS DRIP LIhE UAU tI:UNk 0AMAC[ APPROX 1 FOOT ADC'VC DROUND ON SOU?H SIDE. BRANCHES ABOVE SCAR ARE DEAD AND S ~0ULD BE REMOVED. IrAJR TO POOR LEAF OUF FAIR CONDITION IRREGUtAR FORM '0-20' RADIUS DRIP LIhE THIS TREE IS DEFORMED DUE TO ITS PROXIMITY TO 'R-IE EXISllNO LARGE DOMINANT TREE ~*w~lCH IS ONLY 7.5 FIEF AWAY. FAIR TO GOOD LEAF our NOTE: SEVERAL OF THE TREES ARE IN FAIR CONDITION 18--22' RADIUS DRIP LINE GENERALLY GOOD FORM BUT DOESN'T APPEAR TO BE VERY HEALTHY FAIR TO POOR LEAF OUT FAIR CONDr'RON 0-18' RADIUS DRIP LINE THIS TREE IS S'D,~RELY DEFORMED DUE TO PROBABLE OLD WIND DAMAGE. ALL GROWTH IS TO THE EAST SJDE. FAIR TO GOOD LEAF OUT FAIR CONDIllON 26--30' RADIUS DRIP UNE GENERALLY GOOD FORM BUT DOESN'T APP~R TO BE VERY HEALl~Y FAIR TO POOR LEAF OUT GENEP~LLY APPEARS TO BE HEALTHY 26.-30' RADIUS Oli~lP LINE V1GOROUS LE. AF OUT FAIR CONDI'I1ON 26--3D' RADIUS DRIP UNE GENERALLY GOOD FORM BUT DOESN'T APPEAR TO BE VERY HEALTHY FAIR TO POOR LEAF OUT a STATE OF DECLINE AND MAY NOT BE ABLE TO BE SAVED, HOWEVER, THE FOLLOWING MEASURES ARE TO 8E TAKEN TO ASSURE THAT THE TREES, EXCEPT 03), ARE NOT DAMAGED DURING THE CONSTRUCTION PROCEEDINGS: 1. A BARRICADE (FENCE) SHALL BE INSTALLED AS ILLUSTRATED BEF'ORE ANY GRADING, EXCAVATION OR OTHER ACTIVITIES ARE RESOLUTION NO. 95-195 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY SENIOR CENTER MASONRY RESTORATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, 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% (ten percent) 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 8th day of August, 1995. Thereafter, the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p,m. on the 15th day of August, 1995, or at such later time and place as may then be fixed. Passed and approved this 1R,h day of .~,,ly , 1995. Ci(y~(tt(~jTley's Office Resolution No. 95-195 Page 2 It was moved by Pigott and seconded by. adopted, and upon rol~ call there were: Kubby · AYES: NAYS: ABSENT: X the Resolution be Baker Horowitz Kubby Lehman · Novick Pigott Throgmorton RESOLUTION NO. 95-196 RESOLUTION AUTHORIZING CONVEYANCE OF CITY-OWNED PROPERTY AT 451 RUNDELL STREET TO DANA AND JULIE ASCHENBRENNER WHEREAS, the City of Iowa City moved a house to City-owned property at 451 Rundell Street and rehabilitated the house with the intent to sell the property as an affordable home pursuant to the Consolidated Plan for Housing, Jobs and Services (CITYSTEPS); and WHEREAS, on June 27, 1995, the City Council adopted and approved Resolution No. 95-141, declaring its intent to convey said property to a qualified, income-eligible purchaser, authorizing public notice of its proposal, and setting the date and time for public hearing thereon; and WHEREAS, following public hearing on said proposal, the Council finds that the proposed conveyance of 451 Rundell Street to a low-income household is in the best interest of the City of Iowa City, Iowa; and WHEREAS, after reviewing applications submitted by prospective buyers, the City selected Dana and Julie Aschenbrenner as qualified, income-eligible purchasers NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign the attached Residential Real Estate Purchase Agreement accepting Dana and Julie Aschenbrenner's offer to buy the following described property at a purchase price of $95,000, subject to the conditions contained in said Agreement: All that portion of the vacated Grant Court right-of-way lying nodh of Lot 20, Block 4, lying south of Lot 8, Block 3, lying east of the 30 foot platted alley and lying west of Rundell Street right-of-way as shown on the original plat of Rundell Addition recorded in Plat Book 1, Page 130, Johnson County Recorder's Office. Said parcel mea- sures 60 feet by 125 feet and contains 0.17 acres The Mayor is authorized to sign and the City Clerk to attest the attached Resale Agree- ment For Property Located at 451 Rundell Street which restricts sale of the above de- scribed property to an income-eligible buyer for twelve yeare from the date of pumhase. Said Agreement shall be recorded in the Johnson County Recorder's Office at the Buyer's expense. The Mayor and the City Clerk are authorized to execute a Warranty Deed conveying the City's interest in the above-described property to Dana and Julie Aschenbrenner for and in consideration of $95,000, subject to the terms of the Resale Agreement. The deed shall be executed at time of closing. The City Attorney is authorized to prepare and deliver said Warranty Deed to Dana and Julie Aschenbrenner. The deed shall be recorded in the Johnson County Recorder's Office at the Buyer's expense. Resolution No. 95-196 Page 2 Passed and approved this 18th day of July , 1995. City Attorn~/s Office It was moved by Kubby and seconded by adopted, and upon roll call there were: Novirk AYES: NAYS: ABSENT: X X X X X X X the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ppdcdbg\451 rundl.ms RESALE AGREEMENT FOR PROPERTY LOCATED AT 451 RUNDELL STREET This Agreement is made between Dana and lulie Aachenbrenner, Husband and Wife (hereinafter "Buyers") and the City of Iowa City, Iowa, a municipal corporation (herein~er "the City"). WHEREAS, Buyers executed a Residential Real Estate Purchase Agreement wherein they offered to purchase the foliowing-described real property located in Johnson County, Iowa: All that portion of the vacated Grant Court fight-of-wny lying north of Lot 20, Block 4, lying south of Lot 8, Block 3, lying east of the 30 foot platted alley and lying west of Rundell Street right-of-way as shown on the original plat of Rundell Addition recorded in Plat Book 1, Page 130, Iohnson County Recorder's Office. Said parcel measures 60 feet by 125 feet and contains 0.17 acres. with a street address of 451 Pundell Street; and WHEREAS, the City moved the house to said property and rehabilitated the house with the intent to sell the property as an affordable home pursuant to the Consolidated Plan for Housing, Jobs and Services (CITY STEPS); and WHEREAS, the City provided Buyers a $ 30:000 loan. This loan is a second mortgage on the property and deereased the original mortgage amount so that the home would remain affordable to families at or below 80% median income; and WHEREAS, Buyers qualify as an income-eligible family for the purchase of said property; and WItEREAS, the City desires that the property remain affordable to subsequent low-income purchasers for a period of not less than 12 years. NOW, 1. THEREFORE, THE PARTIES AGREE AS FOLLOWS: The City's second mortgage in the mount of $ 30.000 becomes due on resale of the property fi'om the sale proceeds regardless of when resale occurs. Buyers agree to pay the City the full mount of the $.30 000 mortgage. If Buyers occupy the home until August 11, 2007, 12 years from the date of purchase, no restrictions shall apply to Buyers' resale of the propertyo except as stated in P. 1. In the event Buyers wish to resell the property prior to August 11, 2007, the pmperO7 must be sold to an income-eligible household. The City will determine whether a prospective buyer qualifies as an income-eligible household, and the City must approve all prospective buyers prior to resale of the property. Should Buyers desire to resell the property prior to August 11, o.007, they must iramediately notify the City of their intent to sell and must actively market the property. ffBuyers are unable to secure a qualified buyer within three months of providing the City notice of intent to sell, the City may assist Buyers with mortgage payments, and the City may become actively involved in the marketing of the property. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. firesale of the property occurs prior to August 11, 2007, the Buyer and the City shill share the appreciated value of the property. Appreciated value is the diiference between the purchase price of the property and its market value at the time of resale, less the depreciated value of any improvements made to the house from the time of this Agreement to the date of resale.. The depreciated value of improvements will be determined by an appraiser selected by the City. The l~rcantage of appreciated value received by the Buyers as a result of the sale depeads on ~ number of years the Buyer occupies the property prior to resale according to the schedule attached hereto as "Exhibit A". If Buyers are no longer able to continue making mortgage payments or fail to make mortgage payments for any reason, Buyers must immediately notify the City. The City may then elect to take over the mortgage payments until the property is sold. Any and all mortgage payments msde by the City must be repaid to the City from the proceeds of the resale. If the Buyers cease making mortgage payments, the City is entitled to receive 100% of the appreciated value of the property from the date of this Agreement to the t/me of resale. Any and all modifications to the property by Buyers during the time when this Agreement is in effect must be reviewed by the Iowa City Historic Preservation Commission in accordance with their procedures for a certificate of appropriateness. The City Rehabilitation Officer must be centacted for assistance if modification is anticipated. While this Agreement is in effect, Buyers further agree not to: (1) install manufactured siding on the house; (2) enlarge, eliminate or make smaller any windows; (3) enclose the fi'ont or side porches; (4) remove exterior decorative trim; or (5) add an attached garage. In addition, Buyers agree to rerum any light fixtures to the City's Rehabilitation Officer if they are removed or replaced. 10. This Agreement shall be deemed a covenant running with the land and title to the land, and sludl be binding on and inure to the benefit of the parties for 12 yean f~om the d~te of this Agreement. This AS~eement shaU be recorded in the Iohn~on County Recorders Ot~ce at the Buyers' expanse. Si~ted this day of_ .3~.1<~ ,1995. BUYERS ~hlie Aschenbrenner CITY OF IOWA CITY, IOWA · Horovatz, Ivlayor ~ Marian K. Karr, City Clerk BUYERS' ACKNOWLEDGEM~IT STATE OF IOWA ) ) s: IOHNSON COUNTY ) Onthis /~6 clay of ~ ,19~,l~eforeme, the undersigned, aNotary ~_b, lic in ~and for said County, in said' State,.personally appeared//t~)a ~?h~nbren~er~ and x/ta/{e. /~sche,o brenaeg. husband and wife, to me known to be the identical per~ons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. CITY~S ACKNOWLt~DGF. MIqNT STATE OF IOWA ) )s: JOHNSON COUNTY ) On ~s Ig~ day of 3~,~ , 19 q~__~__, before me, o~ond,~c ~,4,_ , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 aff~ed to the foregoing instrument is the corporate seal of the corporalion, s~l that the instrument was ~il~ued and sealed on behalf of the corporation, by authority of its City Council, as contained in (0rdinan~) (Resolution) No. qS-/~/. passed (the Resolulion adopted) by the City Council, under Roll Call No. - of the City Council on the /~4'~ dayof J,J~ ,19t/6 , and that iusan M Horowitz and Marlin K Karr acknowledged the ~xecution 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 4Slnm~a~ YEAR SOLD 1 2 3 4 5 6 7 8 9 10 11 12 I~ERCENTAGE OF APIq~.CIAT~D VA~LrE EARNED BY BUYER 10 20 30 40 50 60 70 gO 80 80 ~0 100 ADDENDUM Pursuant to a resale agreement for property located at 451 Rundell Street in Iowa City, Iowa, whereby the City of Iowa City intends to sell the property located at 451 Rundell Street to Dana and Julie Aschenbrenner, husband and wife, as buyers of the 451 Rundell Street property, the parties agree to the following addendum to be incorporated by reference into the resale agreement as follows: In further clarification of paragraph 7 dealing with provisions whereby the buyers are no longer able to continue making mortgage payments or fail to make mortgage payments for any reason, the City may elect to take over the mortgage payments until the property is sold. Said paragraph 7 also provides that the City is entitled to 100% of the appreciated value of the properly for purposes of the receiving full repayment of the City's second mortgage in the amount of $30,000 when the house is resold. In order to clarify what occurs if the City elects not to take over the mortgage payments and the bank considers foreclosure, the parties agree that if the bank/primary mortgage holder agrees to same, that Buyers will grant the City of Iowa City a warranty deed in lieu of foreclosure by either the primary mortgageholder/bank or City as secondary mortgage holder, and thus title to the property shall temporarily pass to the City of Iowa City pursuant to this Resale Agreement and so that resale of the property can be carried out under Iowa law. If the City so elects and if the primary mortgage holder/bank agrees, title would then be passed to the City, which title will be held temporarily and only for the purposes of resale and remarketing, and said preper~y would not be deemed a public asset for purposes of the City's financial statement, nor as "city property" for taxing purposes and would thus not be removed from the tax rolls during this "interim marketing period" whereby the City will resell the house to an BUYERS day of ~ Dana Asche~l~enner, Husband ,~ ~.~-tC/~/ (~ulie Aschenbrenner, Wife , 1995. CITY OF IOWA CITY Susan M. Horowi , ayor ~ Mari~ K. Karr, City Clerk Approved by · REAL ESTATE PURCHASE AGREEMENT Date of Agreement: July 18, '!995 TO THE CITY OF IOWA CITY, SELLERS OF THE SUBJECT PROPERTY (CITY): REAL ESTATE DESCRIPTION. The undersigned BUYERS hereby offer to buy real estate in Iowa City, Johnson County, Iowa, locally known as 45'1 Rundell Street, Iowa City, Iowa, and legally described as follows: All that portion of the vacated Grant Court right-of-way lying nodh of Lot 20, Block 4, lying south of Lot 8, Block 3, lying east of the 30 foot platted alley and lying west of Rundell Street right-of-way as shown on the original plat of Rundell Addition recorded in Plat Book 1, Page 130, Johnson County Recorder's Office. Said parcel measures 60 feet by 125 feet and contains 0.17 acres. with any easements and appurtenant servient estates, but subject to the following: (a) any zoning and other ordinances; (b) any covenants of record; (c) any easements of record for public utilities, roads and highways; (d) the private, driveway easement; and (e) a 12 year resale agreement restricting sale of the property to an income-eligible purchaser approved by the CITY; provided BUYERS, on possession, are required to occupy the property as owner-occupant and use the property as their principal residence. BUYERS and CITY are sometimes collectively referred to herein as "Parties". PURCHASE PRICE. The Purchase Price shall be $95,000 (Ninety-five thousand dollare) and the method of payment shall be as follows: $500.00 with this offer to be deposited upon BUYER'S execution of this offer, in the escrow account by the CITY to be delivered to the CITY upon performance of the ClTY'S obligations and satisfaction of BUYERS' contingencies, if any, and the balance of the purchase price as designated below. This Agreement is contingent upon the BUYERS obtaining a written commitment for a first real estate mortgage in the amount of $60,000.00. BUYERS agree to immediately make application for such mortgage wilh a commercial mortgage lender and to exercise good faith efforts to obtain a mortgage commitment as provided above. If BUYERS have not obtained a written mortgage commitment on or before the 11th day of August, 1995, either the CITY or BUYERS may declare this Agreement null and void, and all payments made hereunder shall be returned to BUYERS. BUYERS shall pay the balance of the purchase price at the time of the closing, by combination of BUYERS' personal funds and the second mortgage in favor of the CITY. BUYERS will execute a second mortgage in favor of the CITY in the amount of $30,000.00. Said second mortgage will be at 0% interest, and no monthly payments will be required on this second mortgage during the period of time the home is owner-occupied by the initial BUYERS. This second mortgage becomes due immediately on sale of the property. REAL ESTATE TAXES, The CITY shall pay all real estate taxes which are due and payable and constitute a lien against the above-described Real Estate, and any unpaid real estate taxes for any pricr years. Except for the tax proration hereinafter set fodh, BUYERS shall pay all subsequent real estate taxes. The CITY shall also pay a prorated share of the real estate taxes for the fiscal year ending June 30, 1996, and payable in the fiscal year commencing July 1, 1996, based upon net taxes payable in the current fiscal year in which possession is given to BUYERS. SPECIAL ASSESSMENTS. The CITY shall pay all special assessments which are a lien on the Real Estate as of the date of closing. INSURANCE. The CITY shall bear the risk of loss or damage to the Real Estate up to the time of closing. In the event of substantial damage or destruction prior to closing, this agreement shall be null and void, unless otherwise agreed by the Parties. 10. 11. 12. POSSESSION. If BUYERS timely perform all obligations, possession of the Real Estate shall be delivered to BUYERS on August 'll, 1995, with any adjustments of taxes, insurance, interest, and other applicable matters to be made as of the date of transfer of possession. Closing of the transaction shall occur after issuance of a title opinion. Possession shall not be delivered to the BUYERS until completion of the closing, which shall mean delivery to the BUYERS of all title transfer documents and receipt of the purchase price funds then due from BUYERS. If by mutual agreement the Parties select a different possession or closing date, they shall execute a separate agreement setting forth the terms thereof. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, automatic garage door openers and transmitter units, all drapery and curtain rods, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners (unless water softener is rental), automatic heating equipment, air conditioning equipment, wall-to-wall carpeting, mirrors attached to walls or doors, tireplace screen and grate, attached barbecue grills, weather vane, all built-in kitchen appliances, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate, and included in the sale. Stove and refrigerator are included in the Pumhase Agreement. USE OF PURCHASE PRICE. At time of closing, funds of the pumhase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. ABSTRACT AND TITLE. The CITY, at its expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of acceptance of this offer, and deliver it to BUYERS for examination. It shall show merchantable title in the ClTY'S name in conformity with this Agreement, Iowa law, and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the BUYERS when the pumhase price is paid in full. The CITY shall pay the costs of any additional abstracting and title work due to any act or omission of the CITY, including transfers by the CITY. If, at the time of closing, there remain unresolved title objections, the parties agree to escrow from the sale proceeds a sufficient amount to protect the BUYERS' interests until said objections are corrected, allowing a reasonable time for the correction of said objections. DEED. Upon payment of the purchase price, the CITY shall convey the Real Estate to BUYERS, by Warranty Deed, free and clear of all liens, restrictions, and encumbrances, except as set forth in l(a) through l(e) above. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of the CITY continuing up to time of delivery of the deed. REMEDIES OF THE PARTIES. If BUYERS fail to timely perform this Agreement, the CITY may forfeit their rights in this Agreement, as provided in the Iowa Code, together with all payments or, at the ClTY'S option, upon thirty (30) days written notice of intention to accelerate the payment of the entire balance because of such failure to perform (dudng which thirty days such failure is not corrected), the CITY may declare the entire balance immediately due and payable. After such 30 day notice, this Agreement may be foreclosed in equity, and the Court may appoint a receiver. If the CITY fails to timely perform this Agreement, BUYERS have the dght to have all payments made by BUYERS returned to them. BUYERS and the CITY also are entitled to use any and all other remedies or actions at law or in equity available to them, and shall be entitled to obtain judgment for costs and attorney fees, as permitted by Iowa law. STATEMENT AS TO LIENS. If BUYERS intend to assume or take subject to a lien on the Real Estate, the CITY shall furnish BUYERS with a written statement prior to closing from the holder of such lien, showing the correct balance due. 13. 14. El 15. 16. CONDITION OF PROPERTY, The Real Estate, as of the date of this Agreement, including buildings, grounds and all improvements, will be preserved by the CITY in its present condition until possession, ordinary wear and tear excepted. The CITY warrants that the heating, electrical, plumbing, and air conditioning systems, whether subject to inspection set forth herein or not, be in good working order and condition on the date of delivery of possession. The BUYERS shall be permitted to make an inspection of the property prior to possession or closing, whichever is sooner, in order to determine that there has been no change in the condition of the property, and that it is ready for BUYERS' possession. WOOD.DESTROYING INSECT INSPECTION. Select (A) or (B) Within days after the final acceptance date of tills Offer, BUYERS may, at BUYERS' expense, have the Real Estate inspected for termites or other wood-destroying insects by a licensed Pest Inspector. If active infestation or damage due to prior infestation is discovered, the CITY shall have the option of either having the Real Estate treated for infestation by a licensed pest Exterminator and having any damage repaired to the BUYERS' satisfaction, or declaring this Agreement void. This provision shall not apply to fences, trees, shrubs or outbuildings other than garages. BUYERS may accept the Real Estate in its existing condition without such treatment or repairs. BUYERS acknowledge that they have been advised of their dght of a pest inspection under this provision, and have declined to make said inspection unless required by a lending institution at which time said inspection would be at BUYERS' expense and the BUYERS will have the same rights as under paragraph 14A if active infestation or damage due to pdor infestation is discovered. SURVEY. The BUYERS may, prior to closing, have the Real Estate surveyed at their expense. If the survey, certified by a Registered Land Surveyor, shows any encroach- ment on said property or if any improvements located on the subject property encroach on lands of others, such encroachments shall be treated as a title objection. TIME FOR ACCEPTANCE. If this offer is not accepted by the CITY on or before 9 o'clock A.M. on July 20, '1995, it shall become void, and all payments shall be returned to the BUYERS. 17. OTHER PROVISIONS. The CITY reserves the right to declare this agreement null and Void in the event the BUYERS do not meet the guidelines for the purchase of said property as determined by the CITY and presented in the Applicant Information Packet - 451 Rundell Street. In the event the City should declare this offer null and void, all earnest money will be returned to the BUYERS. The BUYERS must execute a Resale Agreement for the property located at 451 Rundell Street. A copy of that agreement is attached to this Residential Real Estate Purchase Agreement and incorporated herein by reference. ***THIS IS A LEGAL, BINDING CONTRACT.**" ***IF NOT UNDERSTOOD, SEEK COMPETENT LEGAL ADVICE.*** DATED: ,~'"'~'(J/~ /F~ , t9 ?~ I at /'~):q,_5' o'clock (~)/P.M.). BUYER (~band) Social Security ~J~UYER (wife) Social Security Number Number 14. [] 15. 16. 17. WOOD.DESTROYING INSECT INSPECTION. Select (A) or (B) Within days after the final acceptance date of this Offer, BUYERS may, at BUYERS' expense, have the Real Estate inspected for termites or other wood-destroying insects by a licensed Pest Inspector. If active infestation or damage due to prior infestation is discovered, the CITY shall have the option of either having the Real Estate treated for infestation by a licensed pest Exterminator and having any damage repaired to the BUYERS' satisfaction, or declaring this Agreement void. This provision shall not apply to fences, trees, shrubs or outbuildings other than garages. BUYERS may accept the Real Estate in its existing condition without such treatment or repairs. BUYERS acknowledge that they have been advised of their right of a pest inspection under this provision, and have declined to make said inspection unless required by a lending institution at which time said inspection would be at BUYERS' expense and the BUYERS will have the same dghts as under paragraph 14A if active infestation or damage due to prior infestation is discovered. SURVEY. The BUYERS may, prior to closing, have the Real Estate surveyed at their expense. If the survey, certified by a Registered Land Surveyor, shows any encroach- ment on said property or if any improvements located on the subject property encroach on lands of others, such encroachments shall be treated as a title objection. TIME FOR ACCEPTANCE. If this offer is not accepted by the CITY on or before 9 o'clock A.M. on July 20, '1995, it shall become void, and all payments shall be retumed to the BUYERS. OTHER PROVISIONS. The CITY reserves the right to declare this agreement null and (,old in the event the BUYERS do not meet the guidelines for the purchase of said property as determined by the CITY and presented in the Applicant Information Packet - 451 Rundell Street. In the event the City should declare this offer null and void, all earnest money will be returned to the BUYERS. The BUYERS must execute a Resale Agreement for the property located at 451 Rundell Street. A copy of that agreement is attached to this Residential Real Estate Purchase Agreement and incorporated herein by reference. ***THIS IS A LEGAL, BINDING CONTRACT.*** ***IF NOT UNDERSTOOD, SEEK COMPETENT LEGAL ADVICE.*** DATED: ~/{~ /~4~ , 19 ~"J<' , at ./O;q,~ o'clock (~/P.M.). Number Number This offer is accepted DATED: Ju,/, ,19 q.'5 , at 73o o'clock (A.M.P~]~. .,~q3proved By City Attorney's Office 4 CITY OF IOWa CITY, IOWA, SELLER Ciby Clerk STATE OF ~,o,,.~ ) ) SS: 3~n~'~n. COUNTY ) On this .,L..~. day of -..~t~- in and for the State of Iowa~ personally and ~J~ ~s~A~ Susan M. Ho~wit~, Mayor ,19..~, before me, the undersigned, a Notary Public appeared , husband and wife, to me known to be the identical person(s) named in and who executed the foregoing instrument, and acknowledged that (he) (she) ~ executed the instrument as (his) (her) (~voluntary act and deed. Notary Public in and for the State of STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis/~dayof-~1~ ,19_~_,beforeme, ~,.~ ~,.,J~- , a Notary Public in and for ¢ne State of Iowa, personally appeareo Susan M. Horowitz, to me personally known, and, who, being by me duly sworn, did say that she is the Mayor of the City of Iowa City, Iowa; that tile seal affixed to the foregoing instrument is the corporate seal of the corporation; and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. ¢.~-~; passed by the City Council, under Roll Call No. - of the City Council on the / ? ~ day of J,J,~ , 1975', and that Susan M. Horowitz acknowledged the execution of the instrument to be her 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 propertTVespurch.rnd Otfi¢tal FoFm No. 101 ~ .......... F(~R'~R~'I~E~,(L EFFECT (Jl: TH; i,~S'~: ....... ---- OF THIS FORM, CONSULT YOUR LAWYER Transfer Fea ~.co Reco~dtn_.g Fee Of.) - Total J"~¢ [I o~T-- FILED ~0. 19 t5 SEP 22 PM 3:53 SPACE ABOVE ll41S LINE WARRANTY DEED FOR RECORDER Fo~lhe~nsiderationof_ Ninety-five thousand ($95,000.00) .......................... Dollar{s)andothervaluabte~nsideration, CITY OF TllWA CITY, IOWA~ a muniripal rorpnration, and John E. and Sally J. Callahan, h),shand and wifP~ doherebyConve¥1o DAN/(~'and JULIL~ASCHFNRRFNNFR~ hl,shand And wife, the following described real estale in JohnRnn County, Iowa: All that portion of the vacated Grant Court right-of-way lying north of Lot 20, Block 4, lying south of Lot 8, Block 3, lying east of the 30 foot platted alley and lying west of Rundell Street right-of-way as shown on the original plat of Rundell Addition recorded in Plat Book 1, Page 130, dohnson County Recorder's Office. Said parcel measures 6D feet by 125 feet and contains 0.~7 acres. Grantors do Hereby Covenanl with grantees, and successors in interesl, that grantors hold the real estate by title in fee simple; Ihal they have good and lawlul aulhorily Io sell and convey the real estale; that the real estate is Free and Clear of all Uens and Encumbrances except as may be above stated; and grantors Covenant lo Wa[rant and Dalerid the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all righis of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. STATEOF IOWA ,)OHN~ON COUNT~. Onthis dayol September __., 1995, belore me, the unqersigned, a Notan/ Public in and for said Slale,personally appeared John E. and SalTy J. Callahan, husband and wife. Dated: September , 1995 (Grantor) FoJ'lhe consideration of HineS-five thousand ($95,000.00) .......................... Dollar(s)andothervaluablecensideralion, CITY OF IOWA CITY, TOWA, a municipal c. orpnration, and John E. and Sally J. Callahan, hughand and wife, do hereby Convey to DAIt/~.end JULIL~A-ASCHFNRRFNNFR, husband and wife, the following described real estate in,]ehn,mn County, Iowa: All that portion of the vacated Grant Court right-of-way lying north of Lot 20, Block 4, lying south of Lot 8, Block 3, lying east of the 30 foot platted alley and lying west of Rundell Street right-of-way as shown on the original plat of Rundell Addition recorded in Plat Book 1, Page 130, Johnson County Recorder's Office. Said parcel measures 60 feet by 125 feet and contains 0.17 acres. Grantors do Hereby Covenant wilh grantees, and successors in interest, that grantors hold the real estate by tiUe in fee simple; that they have good and lawful authorib/In sell and convey the real estate; that the real estate is Free and Clear of all Liens and Encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real eslate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights ot dower, homestead and distdbuUve share in and to the real estate. Words and phmsas herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. STATE OF IOWA Dated: September , 1995 ,IOHltSON COUNT~, On this day of September Public in and for said State,personally appeared __ /~'~ John E. and SalTy J. Callahan, ~u~ :.. uaJ~n~,~q /~.~ x7 (Grantor) y a lahan to me known to be the identical persons named in and who C...,~. ~.l/.. , (Grantor) executed the foregoing instrument and acknowledged that they executed the same as their vo un ary act and ,S'd~an Hor~w"i+z N~'~'~, ' ~"' \ Notary Public arian art, City.Clerk' · . .' (Grantor) (lhisformotacknow~edgmenttoHnd~dualgranlor(s)only) GoRP..ORAI'['SEAL OIowa Stale Bar Assoctal]on 10t WARRANTY DEED STATE OP '"~O c~~" .O0thls Publid m and for s,aid State personally appeared to me I~how~ to b§ the identical persons named in and who executed th~ the~,, ~xeb~!e~h~.'.~ame as their volunlary act and deed, STATE OF COUNt, ss: and acknowledged that , Notary Public Publi~nt:~d for , .¥a "-.J~4"L ~', b~/~e me. the undersigned, a Notary to me known to be the identic~l~persons named in and who e~ ecL .~g inst~umen! ,.~CknoA,~jl~,tl,~, Ihey executed the same as their~4oluntary act and deed '~ /?~i~l'}l ~u- .-, Vw~,.-'r. I · f- m ~.l ~y t.,o~nlisSlQfi EXpl~$ STATE OF IOt~A, ~]OHNSON COUNTY, ss: r ~- .~_ \ / . , Notary Public On ~h~s ~ . day of .~,, , 1995, be/~o'e me, a Nota~ Pub]]c ~n and fo~ ~he 5~a~e of Iowa, personally apRea?d 5~ ~ ~,~;~, and ~,~ ~o me pe~sonnally kno~who, ~e]ng b~ ~ lul ~ sworn~ did say ~ha~ t~ey a~e ~he and City gle~, ~?pec~]vely, o~ ~he C] o~ Iowa City, Iowa; that the sea1 affixed ~o the foregoing ]nstrumen~ ~s ~e cot sea1 of ~he co~pora~ion, and U~a{' ]ns~umen~ was signed and of ~he corporation, by authority of No.~-/f~, passed by ~he g~y .Council, on C~y Council, as contained in ~ and ~ha~ ~,, ~. fi~ ~ .... and :~' ~,,~, ~. ~ the execution of ~he ins~umen~ to be voluntary act and deed and ~he ac~ and deed of ~he co~p~, by i~ a~d .' by ~hem voluntarily executed. ~ ~ . ~ ~ ~ ~ ...,~,~."', .- ';;. 073 042 STATE OF ~ On this gO \ dayof , personally appeared ',.J~'t~. ~', , Notary Public COUNT% ss: __ before me, the undersigned, a Notmy to me known to t and who they ~ act and deed. STATE OF IOWA, JOHNSON ss: On this Zaw~,day of ~ , 1995, be StAte of Iowa, eared S~ to me personnally kno~m,who, )ing by ,Notary Public me, a Notary Public in and for the sworn, did say that they ar~ the M~yor and City Clerk, respectively, the C' of Iowa City, Iowa; that the seal affixed to the foregoing instrument is seal of the corporation, and ~ha~' the instrument was signed and of the corporation, by authority of its City Council, as ~ained in Resl ion No.~$./¢~, passed by the City .Council, on the ~t~day of 1! i, and that S~o. ~. fior~ ~' .~' and :~' voluntary act and deed and the by them voluntarily executed. ed the execution of the inst~'.ument to be t)iei'r . y act and deed of the corp~n, by it and .' ublJc qn ~d for the St a "' ~('~ ' r ~ STATE OF On ,his o~O dayof p , ubl~c ~n and for sad Slate, personally appeared Au~du, ioo lsm, I. pus ~u~a s~l[~, . Ohth~s'"l;~'~ dayof 3~ ~l~.~S~fqreme, theundersign~,aNo~ ~ubli~ i~ and fo[ ~i'~ State, per.nelly appear~ ~~ to me ~hown to b~ th~ iden 'col per.ns nam~ in an · the~x~uted th~'~ame as their vo unla~ ac and d~d. who exited the foregoing instrument, and acknowl~ that COUN~ ~: ,19 .~ , before me, the undersigned, a Notary I.o me know. n !.o. be the identical persons named in and who executed the foregoing inslrumen,knc~.. hey execumo Ine same as their volunlary act and deed..--., ~ l~¢~k- ~. ~.~.'~¥ ' -' ' , - j:.j~j My (.;o~lnllSSi~l Expires On this ~'fl"- day of . ,NotaryPublic State of Iow .~.~,,,..~.,. ,.1995, before me, a Notary Public ~n and for the to me -erso a,..per.sonarly. app.ea.reo ~, ~. ~o~,o~ and ~.,~ p nna~y ~nown,wno, being by me duly sworn, did say tha~'~ey ar~ the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and tha~ the instrument was signed and sealed on behalf of the corporation, by authority of its City Co.u. nci], as fontained in Resolution No.?$-/f/~, passed by the City Council, on . the _~day of ~ , 1995, and that S~.~., ~ #,r~_ ,'~ 'mor,.~., ~. ~.~ acknowledged the execution o~ the ins~u?nt to 'be ~e~'r - voluntary act and deed and the voluntary act and deed of the corp by them voluntarily executed. ~ ~/ NO'TAR~AL $£AL STATE OF ~ On this g 0 day of Public in and for said State, personatlyappeared ,,.]~,Yt ~'. ~J'ZgbYb ,Joi't~,ioY~ COUN~ ss: , Notanj Public ,19._~.~_._, before me, the undersigned, a Notary to me known to be the identica,,I persons named in and who execuled the foregoing lnstrumenlI .a~aCKnO~l~., lhey executed the same as their volunla~y act and deed./qr'-"x I.~i,'~J My Co'"mlssi-- Explms STATE OF IOWA, JOHNSON COUNTY, ss: · o, this ~. da, of ~..b... ~"~. before me., ,ot,y Public i, State of Iowa, personalqy appea.red 5~.~. ~, ~o.o~;+. and ~31~',,~' to me personnally known,who, be3ng by me duly sworn, did say that t~ey a~'e 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 thb~' the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as fontained in Resolution No. -~:~A, passed by the City Council, on the ~day of ~ , 1995, and that S~<... ~. fi.~J~z_ ;~ ..' and '{:- ~r,,~,, m. ~ ' acknowledged the execution of the ins~u?nt to '~e ~hei:r voluntary act and deed and the voluntary act and deed of the corp~n, by ~t aM by them voluntarily executed. . ~ '~_ , ~, -. ,otary Public in ~d for the St~{~a o ~ I..u "' I~73' 042 ,,. ?AG[ DRAFT RESALE AGP~EMENT FOR PROPERTY LOCATED AT 45! RUNDELL STREET This Agreement is made between Dana and Julie Aschenbrenner, Husband and Wife (hereina~er "Buyers") and the City of Iowa City, Iowa, ~ (hereina.qer "the City"). WHEREAS, Buyers executed a Residential Real Estate Purchase ~ they offered to purchase the following-described real prope~ n County~ Iowa: All that portion ofl Block 4, lying south and lying Rundell Addition r Office. Said parcd Block 3, lying east c Book 1, ~et by 125 north of Lot 20, 30 foot platted alley original plat of Johnson County Recorders · 17 acres. with a street address of 451 Ru: WHEREAS, the City to sell the property as an affordable Services (CITY STEPS); and and rehabilitated the house with the intent lan for Housing, Jobs and WHEREAS, the City ] property and decreased the original r families at or below 80% median h $ loan. Ttfis loan is a second mortgage on the e mount so that the home would remain affordable to WHEREAS, Buyers qualify as ' for the purchase of said property; and WHEREAS, the City purchasers for a period of~ that the less than 12, remain affordable to subsequent low-income NOW, I. S AGREE ~: The City's mortgage in the amount ~ sale proceeds regardless of' of the $ becomes due on resale of the >ccurs. Buyers agree to pay the If B, occupy the home until August 1, 2007 apply to Buyers' resale of the the date of purchase, no In: to resell the property prior to1, 2002, the property must be to an income-eligible household· The City will a prospective buyer income-eligible household, and the City must approve all prospective buyers prior to resale of the property. Should Buyers desire to resell the property prior notify the City of their intent to sell and mu August 1, 2007, 'must hnmediately If Buyers are~ notice of intent become actively made by the to secure a qualified in the If resale of the the appreciated value purchase price of the value of any' resale.. The depreciated hytheCity. depends on the numlnr of'' the schedule attached hereto tli~ property. ust 1, 2007 value at providing the City and the City may and all mortgage payments and the City shall share is the difference between the le~ the depreciated .~ of an appraiser selected esult of the sale property prior to resale according to If Buyers payments flor any reason, Buyers to take over the mortgage ,must be making mortgage of the property ifil to make mortgage ~' the City. The City may then elect 'the property is sold. Any and all mortgage to th~ City fi'om the proceeds ofthe resale. If the City is entitled to receive 100% of the this Agreement to the time of resale. Any aM all t to the in reviewed' with thdr a must for assis if modification the time when this Agreement is 2ommission in accordance The City Rehabilitation Officer While this A Buyers (0 house; (2) enlarge, ' windows; (3) enclosethe (4) remov( trim; or (5) add an~ garage. In they agree to return any lisht fixtures to the City's Rehabilitation Officer if or replaced. Should Buyers desire to re~11 the property prior: August 1, 2007, they must immediately notify the City of their intent to s~11 and market the property. If.B. uyers are unabl~to secure a qualified notice of intent to sell~the City may assist B become antivel.y invol~ed in the marketing of' made by the City mus~e repaid to the City If resale of the property\occurs prior to the appreciated value oi~ the property. purchas~ price of the valu~ resale.. The by the City. The percentage, depends on the nmnber of" the schedule attached hereto A". within three months of providing the City mortgage payments, and the City may property. Any and all mortgage payments proceeds of the resale. 1, 2007, the Buyer and the City shall share value is the difference between the the time of resale, less the depreciated the time of this Agreement to the date of be determined by an appraiser selected by the Buyers as a result of the sale the property prior to resale according to If Buyers ~re no longer able to, payments for any reason, Bu to take over the mortgage making mortgage ~ making mortgage payments or fail to make mortgage immediately notify the City. The City may then elect until the property is sold. Any and all mortgage City from the proceeds of the resale. /fthe the City is entitled to receive 100% of the date of this Agreement to the time of resale. Any and ~ r reviewed by th~ l with their ~ must be While thi (1) install manufacture~ (2) enlarge, eliminate during the time when this Agreement is Commission in accordance of appro'~iateness. The City Rehabilitation Officer if modification is"~,ieipated. Buyers further agre~ to: a the house; ~ ' windows; ~ (3) enclose the front orrches; (4) remove exterior decorative trim; or (5) add an attached garage. In addition, Buyers agree to return any light fixtures to the City's Rehabilitation Officer if they are removed or replaced. 10. This Agreement shall be deemed a covenant running with the land and title to the land, and shah be binding on and inure to the benefit of the parties for 12 years fi'om the date offs Agreement. This Agreement shall be recorded in the Johnson County Reeorde?s Office at the Buyers' expense. Signed this day of · 199~. BUYERS STATE OF IOWA ~'OHNSON COUNTY CITY OF IOWA CITY, IOWA //~ffit: City Clerk ) BUYERS' t~C7WLEDGEIVlENT On this ~yof Public in and for said County, , husb~md who as their voluntary act and deed. · 19, , before me, the undersigned, a Notary and to me known to be the identical persons named in and instrument, and acknowledged that they executed the same [otary Public in and for the State of Iowa STATE OF IOWA IOHNSON COUNTY )s: On this day of , 19 , before me, · a NoUuy Publio in and for the State of Iowa, personally appeared Susan M. Horowilz and Marian K. Kan', 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 corporalion, and that the instnun~ was silff~l and sealed on behalf of the corporation, by authority of its City ~ contained in (Ordinance) (Resolution) No. passed (the Resolutlon I the Marian K. Itan- the volunm~/ City Council, under Roll Call No.of the City Council on · 19 , and that Darrel Ca. Courthey and I the execution of the instrument to be their voluntary act and deed and by it voluntarily executed. Notary Public in and for the State of Iowa EX~B~T A PERCENTAGE OF APPlil~.CIATED VAI.~UI~. I~ARNED B BUYER 0 60 YI~.AR SOLI) 1 2 3 4 $ 6 7 8 80 9 80 10 80 11 80 12 100 OFFER TO PURCHASE AND ACCEPTANCE 1ohnson County, Iowa, TO: City of Iowa City, Iowa Buyer, hereby offers to purchase is de~-'ribed as 451 lhmdell Iowa with any ea~ment~ and a : sendent, other ord~b.any covenants off records, and highways. 1. PURCHASE PRICE, The purchase price for the Sellers, the Buyers shall gay to performance of the property. The balance I provisions herein which shall All amounts shall be 2. TITLE AND POSSE! 19 Iowa, which real estate to as "the Property," together . but subject to the following: a.any zoning and ' eazements of record for public utilities, roads OFFER, AND PAYMENT. be S95,000. Upon acceptance of this Offer by sum of $500 earnest money, pending Sellers' hereof and delivery of a Warranty Deed for the paid to Sellers upon performance by Sellers of all or before the . day of ,19 Johnson County, Iowa. The Buyers shall be settlement, said date to be this Offer, provided, satisfactory release from reasonable access to the Buyers may deem SUBLEASE. ! as of the date of t after the date of the Sellers' acceptance of Sellers' acceptance of this Offer, and upon receipt of SeUers shall grant the Buyers or its agents soil te~ts may be performed and such other tests as Sellers agree that they will r that that Sellers shall be liable Buyers free and clear of STATUS ~ The real Property as delivered intact at sublet the possession. 'date of this Offer, in its IS ~ven. event that they vacate the same and be first approved by the Buyers and e premises are delivered to the will be preserved and -2- ABSTRACT AND TITLE. Wan abstract for the Property is available to Sellers, Sellers shall promptly deliver same to the Buyers for examination and/or continuation. The abstract shall show merchantable title in Sellers in confermiF with this agreement, Iowa law and Title Standards of the Iowa State Bar A&~ion. All abs~a'acting and/or title curative wofic, procurement of and payment for the or other interests, shali be the responsibility of the Buyers and at its expense.sitall be returned to Sellers on or before the date of settlement. TAXES. Sellers shall''the current y~r.(19 ), taxes thereon )riot years.. An, for the payable unless the . otherwise. Sellers[shall pay all accopta~ce of this offer. RISK O~0SS. Loss or d e to ~e Sellers until possession of the Prop DETERMINATION OF ENCUMBRANCES. a lien on OWED of any unpaid of the risk of the OF LIENS AND In the event this Property equity holder, the Seller shall from the holder balances owing to each or interest therein. the Buyers is or releasing an interest of an in writing upon balance or the lien 10. USE OF PURCHASE It is a other liens and to ll. DEED. funds of the purchase price may be used to pay taxes, uire outstanding interests, if any, of other parties. Upon payment of purchase price, Sdlers shall convey the Real Estate to Buyer or its a~ignee~ by Warranty deed, bee and clear ofail liens, restrictions, and enoum.brances except as provided in 1.s~ through 1.c. Any general warranties of title shall extend only to the time ofsac~ptance of this offer, with special warranties as to acts of Sellers continuing up to time of delivery of the deed. -2- 5. ABSTRACT AND TITLE. If an abstract for the Propexty is ava~ble to Sellers, Sellers shall promptly deliver same to the Buyers for examination and/or continuation. The ab~ract sl~l show merchantable 6tle in S~lers in conformity with tl~ agreement, Iowa law and T'~le Standards of the Iowa State Bar A~soci~'on. All abgrg:ting and/or title cunllive work, ~ the exception of the procurem~t of and payment for the reles~ or relinquishment of liens, encumbrances, or other interests, ~ be the respomibliity of the Buyers and at its expense. Sellers' abstr~gt shall be retum~i to Sellers on or before the date of settlement. 6. TAXES. Sellers shall taxes thereon for the year 7. SPECIAL ASSE~ 10. 11. 'the current year (19 ), pro rated to date of possession of any unpaid Any proration of taxes shall be based upon the tax~ payable unless the parties state otherwise. Sellerstshall pay. all acceptance of this offer. RISK O~OSS. Loss or da'm~_t_o.~e land Sellers until assessments which are a lien given to the Buyers. of be at the risk of the DETERMINATION 0F BALANCES OWED - RELEASE 0F LIENS AND ENCUM~RA~. CES. ~ In t.he event this Property is subject to a lien~o~ th.e Buyers is purchasing an inte.rest o.f. an equity holder, the Seller shall furnish the Buyer~vith a statement or statements, m wntmg from the ho. lder of such lien or interest, sh.owi.ng..~e correct ~d agreed upon balance. or bal.ances owing to each such lienholder or equity holde~or releasing or relinquishing the lien or interest therein. ~ USE OF PURCHASE MONEY. ~. It is agre~i that at time of settlement, funds of the purchase price may be used to pay taxes, other liens and to acquire outslandin$ interests, if any, of other parties. DEED. Upon payment of purchase price, Sellers shall convey the Real Estate to Buyer or its a~ignee~, by Warnmty deed, fr~e and de~ of~ liens, re,,strictions, and encum~}rances ~cept as provided in 1.a. through 1.¢. Any general w~rantias of title shall extend only to fig time of gcepta~,~ of this offer, with special warranties a~ to gt8 o£ Seliers continuing up to time ofdellv~q'y of the deed. -3- 12. FOR THE SRr I.k"KS: ~OINT TENANCY IN PROCEEDS AND IN SECURIT~ RIGHTS IN REAL ESTATE. 13. If, and only if, the Sellers, this offer, de~n'bed prope~ in joint t~aancy, and suchis not of¼w or by a~ts of the Sellers, (1) recaptured fight~ of Sellers in ~d with fights of survivorship and not as ; and death of either Seller, agrees to payof the Seller and to accept deed from such unless and except this paragraph 12 "SELLERS." the title to the above- operation , continuing and/or as joint tenants the event of the of this sale to the surviving paratg'aph 11, above; Spouse, if not a titleholder immediate executed this instrument only for the and distributive share and/or in corr word "Sellers" in the printed pertic n of {his presumption, nor in any way enlarge or property or in the sale proceeds thereof, terms and provisions of this centrat:. 14. TIME IS OF THE ESSENCE. Time is of the ~ence shall be presumed to have rights of dower, homestead section 561.13 I.C.A.; and the use of the without more, shall not rebut such the previous interest of such spouse in said bind such spouse except as aforesaid, to the 15. REMEDIES OF THE PAKTIES. the Code, and all: days written notice of because of such failure may declare the entire 1 may be foreclosed in b. If S~rs fail made returned to i the Sellers may forfeit it as provided in ade shall be forfeited or, at Seller's option, upon thirty to accelerate the payment of the entire balance which thirty days such failure is not corrected) Sellers , due and payable. Thereafter this contract the Court may appoint a receiver. perform Buyer has the fight to have all payments Buyer and or in attorlle~ [ to utilize and all other remedies or actions at law entitled to obtain judgment for costs and law. 16. APPROVAL OF COURT. fithe Property is an asset of any estate, trust or 8uardianship, this contract shall be subject to Court approval, unless declared unnecessary by the Buyer's attorney. If necessary, the 17. 18. appl~opfi~ fiduciary shall proceed promptly and diligently to bring the nuttier on for hearing approval. (In that ~vent the Court Officers De~d slmll b~ used.) SUCCESSOR5 IN INTEREST. contract shall ~ ' to and bind the successors in interest of the respective parties. Word context. ,,any acknowledgement l~reof; shall be corotrued as in masculine, feminine or n~uter gender, ae. cording to the 19. 20. If this offer is not 19 , it shall becom~ OTHER PROVISIONS. or before ~ Buyers's option. DATED: Dana A~chenbrenner This Offer is accepted By: Stephen J. Atkins, City Manager Julie Seller RESOLUTION NO. 95-197 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E AGREEMENT FOR FY96 PARATRANSIT SERVICE BETWEEN CORALVILLE, IOWA CITY, AND JOHNSON COUNTY, WHEREAS, Coralviile and Iowa City operate fixed route public transit systems, and WHEREAS, complementary paratransit service must be provided as required by federal law for those persons unable to used fixed route public transit because of disability, and WHEREAS, Coralville, Iowa City and Johnson County have negotiated a contract for FY96 for Johnson County SEATS to provide paratransit service within the corporate limits of the City of Corelville and the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest the 2BE agreement for FY96 paratransit service between Coralville, Iowa City and Johnson County. 2. The City Clerk is authorized to file said agreement with the County Recorder of Johnson County, Iowa, and the Secretary of State of the State of Iowa as provided in Chapter 28E, Code of Iowa (1993). Passed and approved this 18th day of July , 1995. CIT~r'~LERK Approye,d by \ City Attorney's Office It was moved by pigoft and seconded by adopted, and upon roll call there were: Throg~ort on AYES: NAYS: ABSENT: X x X x X Baker Horowitz Kubby Lehmph Novick Pigott Throgmorton the Resolution be 28E AGREEMENT FOR FY96 PARATRANSIT SERVICE BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY AND JOHNSON COUNTY This Agreement is madeand entered into by and between the City of Coralville, Iowa, hereinafter referred to as Coralville, the City of Iowa City, Iowa, hereinafter referred to as Iowa City, a~d Johnson County, Iowa, hereinafter referred to as the County. Section I. Scope of Services The County shall provide paratransit service consistent with the Americans with Disabilities Act to Coralville and Iowa City through the Johnson County SEATS program. Paratransit is public transit service for persons who, for reasons of age or disability, are unable to use fixed-route transit service. Section I1o General Terms The paratransit service area for Coralville and Iowa City shall be the corporate limits of the City of Coralville and the City of Iowa City. The paratransit service area for Johnson County is the portion of the county not included in the Iowa City Urbanized Area. -5. The paratransit service shall commence August 1, 1995, and continue for eleven months through and including June 30, 1996. Upon mutual agreement of all parties, the paratransit service may be extended for a period not to exceed one year through and including June 30, 1997. The paratransit service shall be operated within the corporate limits of Coralville and Iowa City from 6:00 a.m. until 10:30 p.m. Monday through Friday; 6:00 a.m. until 7:30 p.m. on Saturday; and 8:00 a.m. until 2:00 p.m. on Sunday. In addition, paratransit service in the Coralville Transit service area shall be operated from 10:30 p.m. until midnight Monday through Friday. The operation of paratransit service shall specifically include Martin Luther King's Birthday, Presidents Day, Veterans Day, and the day after Thanksgiving. The paratransit service shall operate a holiday schedule consistent with Coralville Transit and Iowa City Transit. The paratransit service shall be operated as door-to-door service. If requested, Johnson County SEATS operators shall assist passengers from the door of the origin to the door of the destination of each trip, including assistance in carrying groceries and packages. Johnson County SEATS operators shall be sensitive to the needs of elderly passengers and passengers with disabilities. Coralville and Iowa City shall reserve the right to require sensitivity training of Johnson County SEATS operators. The paratransit service shall be operated with a $1.00 fare. Fares collected shall be retained by Johnson County, The fee for paratransit service provided to Coralville and Iowa City by Johnson County shall reflect an estimated $36,667 in fare revenue which is credited to Coralville and Iowa City on a 16%/84% basis, The only exceptions to the $1.00 fare shall be specific individuals designated by Coralville or Iowa City as being entitled to a waiver of the $1,00 fare. Fare revenue shall be reconciled with the daily trip sheets by Johnson County SEATS and fully accounted for in Johnson County SEATS records, which records shall be available for Inspection by either city upon request, 2 10, The paratransit service will be predicated on the following number of vehicle hours per day operated in integrated service for Coralville, Iowa City and Johnson County: # of Vehicle Time Period Vehicles Hours/Day M-F 6-7 a,m, 2 2 M-F 7 a,m,-5 p.m. 11 110 M-F 5 p,m.-10:30 p.m. 2 11 Sat, 6-8 a.m. 2 4 Sat, 8 a,m.-2 p.m. 4 24 Sat. 2 p,m,-7:30 p.m. 2 11 Sun. 8 a,m.-2 p.m. 4 24 Based on paratransit service demand, Johnson County SEATS may operate a greater or lesser number of paratransit vehicles during the various time periods, Coralville and Iowa City shall retain the right to direct Johnson County SEATS to operate a specified number of vehicles in each time period, Vehicles operated by Johnson County SEATS shall be clearly marked as City of Coralville, City of iowa City, and Johnson County paratransit vehicles. iowa City shall provide signage for the purpose of identifying vehicles that are in use as Coralville-Iowa City- Johnson County paratransit vehicles. Vehicles and personnel used to provide Coralville- Iowa City-Johnson County paratransit service shall be neat and clean in appearance. Johnson County will be familiar with the JCCOG Complementary Paratransit Plan for the Iowa City Urbanized Area, and will conduct the paratransit service consistent with this document. This will include the determination of rider eligibility based on a certification process which will be conducted by Coralville and Iowa City. Johnson County SEATS shall notify Coraiville and Iowa City of requests for ADA certification on a weekly basis, This shall begin a 21-day grace period for the person making the request for ADA certification. It shall be the responsibility of Coralville and Iowa City to notify SEATS of the determination of ADA eligibility, otherwise the person making the request shall remain eligible for paratransit service. Priority for the paratransit service will be given to persons certified under the ADA, Rides will also be granted to non-ADA certified persons 60 years of age and older. Johnson County will accept trip requests during office hours on all days prior to days of service, and will accept requests for Monday trips on Sunday. The dispatching function shall be provided by Johnson County SEATS employees. In addition to dispatching the paratransit service, Johnson County SEATS will dispatch trip requests for non-lift equipped paratransit service through a supplemental private taxi contract. The taxi service is intended to provide supplemental rides for non-disabled elderly persons and ADA-eligible persons not requiring a lift-equipped vehicle during times when capacity is not available on SEATS vehicles. The supplemental taxi service shall be dispatched according to requirements of the supplemental taxi service contract. The following no-show policy shall be in effect: A no-show shall be defined as the failure to cancel a scheduled ride at least 30 minutes before the scheduled pickup time. If a rider is a no-show two or more times in any given 30 day period, Johnson County SEATS will attempt to contact the rider to determine the legitimacy of the problem. Johnson County shall notify Coralville or Iowa City of any riders that have been no-shows two or more times within a 30 day period. Upon notification, Coralville or Iowa City shall send a written warning to the rider stating that failure to cancel two times in the next 30 day period will result in suspension f.rom paratransit service. This no-show policy includes rides scheduled under the supplemental taxi contract. 11. Johnson County SEATS shall maintain reporting statistics required by the Federal Transit Administration National Transit Database (formerly Federal Section 15 system). In addition, Johnson County SEATS shall implement a management information system consisting of information for each trip provided using the form attached and identified as "Form A", Form A information shall be accumulated on a weekly basis and submitted to Coralville and Iowa City no later than Wednesday of the following week. Iowa City Transit employees shall assist Johnson County SEATS in implementing the documentation of trips using Form A. Johnson County agrees to the phase-in of a computerized management information system no later than December 31, 1995, which will enable Coralville and Iowa City to receive Form A information in a summary format. Johnson County SEATS shall provide Coralville and Iowa City with a list of ~,11 riders referred to the supplemental taxi service on a weekly basis. 12. After January 1, 1996, Johnson County SEATS shall comply with the Federal Transit Administration drug and alcohol testing requirements, and shall be responsible for any and all costs associated with said drug and alcohol testing requirements. Johnson County shall cedify that they have not been debarred from federally funded contracting. Johnson County SEATS shall comply with any other requirements required by the Federal Transit Administration. Johnson County SEATS employees shall have any commercial drivers license required by Iowa law, JoHnson County agrees to be responsible for the acts of Johnson County SEATS employees while on duty, except as otherwise prohibited by law. 13, Before commencing work under this contract, Johnson County SEATS shall submit proof of insurance meeting the City of Iowa City Class I1 requirements. 14. Johnson County SEATS shall consider all requests for service from the public consistently. Requests for service which exceed the level of service provided to the general public according to the provisions of this Agreement shall require a separate contract between the requesting entity and Johnson County. Provision of separate contract service by Johnson County SEATS shall not diminish the provision of service to Coralville and Iowa City according to the requirements of Section II, paragraph 6. 15. Johnson County SEATS shall be permitted to use Iowa City Transit facilities acccrding to the following schedule: Driver's room: no charge. Vehicle storage areas: no charge on space-available basis. Vehicle wash facilities: no charge on as-available basis. Fueling facility: $20 per month plus fuel expense. Section IlL Compensation Johnson County shall be reimbursed by Coralville at a rate of $6,802 per month, for a total annual contract fee of $74,822. Checks shall be issued on the first check release date of each month by Coralville. Johnson County shall be raimbureed by Iowa City at a rate of $36,235 per month, for a total annual contract fee of $398,585. Checks shall be released on the first check release date of each month by Iowa City. These amounts represent the total annual fee for the provision of paratransit service by Johnson County to Coralville and Iowa City for the 11-month period between August and June of FYg6. Section IV. Duration This Agreement shall be in effect from the effective date below to June 30, 1996. This Agreement may be modified at any time by a mutual agreement of the parties. By mutual agreeme,nt of the parties this Agreement may be extended by a renewal term not to exceed one year through and including June 30, 1997. Section V. Extent of Agreement This Agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, pursuant to the requirements of Chap{er 28E, Code of Iowa (1993). This Agreement represents the entire agreement between Coralville, Iowa City, and Johnson County for paratranslt service, It may be amended only by a written instrument signed by all parties. Dated this /? '~ day of i ila~CORALV~ ,1995. CITY OF IOWA CITY, IOWA By: Susan M. Horowitz, Mayor ~ JOHNSON COUNTY, IOWA Board of Supervisors ney's Office County Auditor " 5 STATE OF IOWA ) ) JOHNSON COUNTY ) On this ~ ~ day of [ho , a Notary Public in and for the State of Iowa, personally appeared Allan L, Axeen and Arlys Hannare, 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 Coralville, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrumen! was signed and sealed on behalfpf the comoration, by authority of ts City Council as contained m (Ordinance) (Resolution) No, ~,5'-//~ [~assed by the Cih~ // day of ~"~z/~/ . ',19 ~.~', ~nd that ~11an L. Hannam acknowledged the execution of the ~nstrument to be the r voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Pubhc in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis /~%L' dayof ,,J,,d~ ,19 ~]5 ,beforeme, , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Madan K. Karr, to me personally known, and, who, being by rne 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 (Grdinance) (Resolution) No. 95 - 1~'7 passed by the City Council, on the /6 ~ day of ,3~j ,19~5 . and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) eS: JOHNSON COUNTY ) O~th~s ~/~-, .~aypf _,/(~ ,19~ before me, - ,/~,,~_x~d/'~ ~'. ,/-j~..~/.d-J / , a Notary Public in and for the State of Iowa, personally appeare"d Charles Duffy and Tom Slockett, to me personally known, and, who, being by me duly sworn, did say that they are the Board of Supervlsom Chairperson and County Auditor, respectively, of Johnson County, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its Board of Supervisors, as contained in a motion appr~)ved by the Board~oJ.~Supervisors,..a~s con_talned in a motion app~ve_~by the Board of Supervisors on the ~"-~ day of . ./~ , 19 ?-~ , and that Charles Duffy and Tom S ockett acknowledge(~ me execution of the instrument to be theh; vo untary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary P~ubl~c in and for the State of Iowa SEATS Tola~ El. Orc~Y page 1 CV UH RUR COHO NC RUR VAN l~1 E VANI2 E ,S ACT S ACT &.A~ FAP~S FORM A page PAUL D. PATE SI'](JRF, TARY OF ST~%q'E HOOVER BUILDING STATE OF IO%VA DI~]8 MOINES, IO%VA 50319 TEL (515) 281-5204 FAX (515) 242-5953 July 27, 1995 Marian K. Karr City of Iowa City 410 E Washington St Iowa City, IA 52240-1826 RE: Filing of 28E A9reement between the City of Iowa City and the City of Coralville, and Johnson County Dear Ms. Karr: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of July 27, 1995. Sincerly, Paul D. Pate Secretary of State PDP/skr Enclosures RESOLUTION NO. 95-198 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TWO CHAPTER 28E AGREEI~IENTS WITH JOHNSON COUNTY, YELLOW CAB, AND OLD CAPITOL CAB COMPANIES FOR FY96 SUPPLEMENTAL PARATRANSIT TAXI SERVICE, WHEREAS, the City of Iowa City contracts with Johnson County SEATS to provide transit service for the elderly and persons with disabilities; and WHEREAS, the City Council deems it in the public interest to supplement the contract with Johnson County SEATS by providing taxi service to Iowa City residents with disabilities who do not require a lift-equipped vehicle; and WHEREAS, based on competitive bids and the desire to have the flexibility for the best possible service for the riders, it is recommended that the City award contracts to Yellow Cab Company and Old Capitol Cab Company of Iowa City, Iowa, for the FY96 SEATS Supplemental Taxi Service; and WHEREAS, Chapter 28E, Code of Iowa (1995) provides that the City of Iowa City, as a public agency, may jointly exercise any powers with any other public agency having such powers; and WHEREAS, Chapter 28E further provides that public agencies may enter into an agreement with private agencies for joint or co-operative action; and WHEREAS, Iowa City, Johnson County, Yellow Cab, and Old Capitol Cab Company have negotiated Chapter 28E Agreements for supplemental taxi service, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Contracts for taxi service to supplement the Johnson County SEATS program are hereby awarded to Yellow Cab and Old Capitol Cab Company. The Mayor is authorized to sign and the City Clerk to attest the Chapter 28E Agreements between the City of Iowa City, Johnson County, Yellow Cab, and Old Capitol Cab Company for supplemental taxi service. The City Clerk is directed to file the Chapter 28E Agreements with the Secretary of State and record the Agreements in the office of the Johnson County Recorder. Passed and approved this ~ day of ,]ul~, , 1995. CITY CLERK jccogtp\oldcapic.res Approved b~/: City Attorney's Office Resolution No. 95-198 It was moved by Novick and seconded by adopted, and upon rol~calltherewere: · AYES: NAYS: X X X X --X X X Pigoyt ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton CITY OF IOWA CITY CHAPTER 28E AGREEMENT FOR F¥96 SUPPLEMENTAL PARATRANSIT SERVICE This Agreement is made and entered into on the ~..~ day of ~,~-~'. , 1995, by and between the City of Iowa City, Iowa, a municipal corporation (hereina'~"the City"); Johnson County, Iowa (hereinafter 'the County"); and Yellow Cab Company o-I Iowa City (hereinafter uYellow Cab"). WHEREAS, the City entered into a contract with Johnson County SEATS to provide transit service for elderly persons and persons with disabilities; and WHEREAS, it is in the public interest to supplement the contract with Johnson County SEATS by providing taxi service to Iowa City residents with disabilities who do not require a lift-equipped vehicle; and WHEREAS, Chapter 28E, Code of Iowa (1995) provides that a public agency may jointly exercise any powers with any other public agency having such powers; and WHEREAS, Chapter 2~E furlher provides that public agencies may enter into an agreement with private agencies for joint or co-operative action. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: Section I. Scope of Services, Yellow Cab shall supplement the City's paratransit service provided by the Johnson County SEATS by providing transportation for City residents who, for roasons of age or disability, aro unable to use the fixed route transit service. Section II. General Terms, 1. The service area shall be the corporate limits of the Iowa City Urbanized Area. Johnson County SEATS shall administer the dispatching functions for the transpodation services provided by Yellow Cab under this Agreement. The City shall be responsible for tracking the funds expended for the service. Clients must call the SEATS dispatcher to request transportation. The SEATS dispatcher will determine if the rider is eligible for the supplemental taxi service and, if so, will notify Yellow Cab of the trip. All trips must be arranged through the SEATS dispatcher. Yellow Cab shall not provide any trips in response to direct requests from clients. The SEATS dispatcher must authorize any additional stops not requested by the client. For the purposes of this program, a person with a disability is defined as an individual with ambulatory, manual, visual, audile, or mental impairments which seriously limit his or her ability to use a private automobile or fixed route transit for transportation. This includes persons restricted to wheelchairs or other mobility devices. A spouse or companion accompanying eligible persons shall also be eligible for rides from the supplemental taxi service. For the purposes of this program, an elderly person is defined as an individual 60 years of age and older. 2 The taxi service shall provide trips which Johnson County SEATS vehicles cannot serve or may be better served by a taxi during SEATS hours of operation. Yellow Cab reserves the right to refuse service to any disruptive passenger, Yellow Cab. shall notify the SEATS manager of each instance where they refuse to serve a passenger. Yellow Cab shall notify the SEATS dispatcher if they; will be late for a scheduled pickup. Yellow Cab shall also notify the SEATS dispatcher if they arrive to pick up a client and cannot locate the client (no shows). Yellow Cab shall assist passengers getting into and out of cabs and with carrying groceries and packages. Yellow Cab operators shall be sensitive to the needs of elderly passengers and passengers with disabilities, The City shall reserve the right to require sensitivity training for Yellow Cab operators, To the extent required by the Federal Transit Administration, Yellow Cab will comply with applicable regulations regarding drug and alcoholtesting, Yellow Cab shall be responsible for any and all costs associated with said drug and alcohol testing requirements. Section Ili. Compensation. Yellow Cab shall be reimbursed according to the rates submitted in Yellow Cab's contract bid: $3,~45 per mile for the first mile, $.90 for each additional half-mile, $1.00 for each additional stop, and $,25 container charge for each bag, etc, over two. time. For service provided during Iowa City Transit's regular hours of operation, Yellow Cab shall ask each rider to pay a fare of $1.00 for each trip. The City shall subsidize the remaining cost of the trip. The $1.00 fare shall be subtracted from the calculation of the trip charge which is presented by Yellow Cab to the City for reimbursement. Waivers to the $1.00 fare may be granted by the City in which case the City will subsidize the entire cost of the trip. For service provided only within the Iowa City city limits between 10:30 p.m, and 6:00 a,m., Sunday-Saturday, Yellow Cab shall ask each rider to pay a $2.00 per trip fare to Yellow Cab. The City shall subsidize the remaining cost of the trip. Yellow Cab shall retain the $2,00 fare and the request for reimbursement shall reflect a $2,00 deduction from the total trip cost. Only trips for employment purposes will be eligible for reimburse- ment under this agreement. Yellow Cab shall make monthly requests for reimbursement from the City for the amount of the trip subsidy for all trips provided. Each request must include an itemization of the date, time, donation, origin, and destination of each trip including no-shows, Yellow Cab shall provide an invoice for the total amount of reimbursement. Copies of these records shall also be delivered to the Johnson County SEATS director fgr verification. Yellow Cab shall request reimbursement from the City fo,' supplemental taxi seA/ice trips which would have otherwise been provided by Iowa City Transit if the person had not had a disability or had not been 60 years of age and older. 3 The City does not guarantee a minimum number of trips to Yellow Cab under this agreement, Section IV. Indemnification. Yellow Cab agrees to defend, indemnify, and hold harmless the City, its officers, employees, and agents, from any and all liability or claims of damages adsing from the provision of services under the terms of this Agreement. Section V, Assignment. Yellow Cab shall not assign, sublet, qr transfer its interest in this Agreement without the City's written consent. Section VI. DIscrlminatlon. Yellow Cab shall not engage in any of the following employment practices: Refuse to hire or discharge any individual because of their race, creed, color, national origin, religion, age, sex, madtal status, sexual orientation, or disability. Discriminate against any indivldual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. Section Vll. Affirmative Action. Yellow Cab agrees to complete an equal oppor{unity policy statement at the City's request. Yellow Cab agrees to permit a representative of the City to inspect their records concerning the supplemental taxi service during normal working hours. Section VIII. Duration. This Agreement shall be in effect from August 1, 1995, to June 30, 1996. The parties may agree to extend the term of this Agreement an additional 30 days. This Agreement may be terminated upon 30-days written notice by either'the City or Yellow Cab. Section IX. Renewal. The City reserves the right to negotiate a one-year renewal of this Agreement at its discreti~)n. Section X. Extent of Agreement. This Agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, pursuant to the requirements of Chapter 28E, Code of Iowa (1995). 4 This Agreement represents the entire agreement between the City, the County, and Yellow Cab for supplemental paretransit service. It may be amended only by a written instrument signed by all parties. CITY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA By: Susan M. Horowitz, Mayor ~ ' C~ Attorney's Office By: Attest: Board of Supervisors County Auditor YELLOW CAB Norbert Schulte, General Manager 5 crfY OF IOWA CITY ACKNOWLEDGEMENT STATE OFIOWA JOHNSON COUNTY On this ) ) SS: ) day of ..~.1¥ , 19 ?~5 , before me, , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 Cit~, 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 (Sr-diftafrc~ (Resolution) No. ~$- ~' ?~ passed by the City Council, on the /? ~ day of J,~l,;3 ,19 e.5 , and that Susan M. Horowitz and. Marian K. Karr acknowledged the-execution of the instrument to be their voluntanj 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 JOHNSON COUNTYACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onethis ,/~5 -- d~yof_~2~..4~- .,19¢2 ,beforeme, - ~/¢,~ ~.~'. ~:P~.~z.._./ , a Notary Public in and for the Stat~ of Iowa, personally appeare(t Charles D. Duffy and Tom Slockett, to me personally known, and, who, being by me duly sworn, did say that they are the Board 6f Supervisors Chairperson and County Auditor, respectively, of Johnson County, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its Board of Supervisom, ' '--" '~(**' 'il~""""' ' ........ · pa.s. sed_:~'~.~l~_ t'~. ~,; ~bytheBo~rdofS.upervisors,._ ' "'-"" .... ~:' .-"-'"~' ~_onthe /d l-J- dayof ..fY~.~.~/x,..,.-.~- 19 ~-~ ,'and that Charles D. Buffy and Tom 81ockett acknowledged ,(he execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it yoluntarily executed, Notary P~blic in and for the State of Iowa YELLOW CAB COMPANY ACKNOWLEDGEMENT STATE OF IOWA ) ) es: JOHNSON COUNTY ) On thl~ /~,'//,, day of ~--~-~ ,19~-~ , before ~me, t.he undersigned, a N~ary ,Public i.n and for said County,~[n said State, personally appeared r~,./~..~ '~ c/~z.c./~.~_.~ ,, to me known to be the identical pem~.on(s) named in and who executed the within a,nd foregoing instrument, and acknowledged that ~e.~he/thev) executed the same as (~/her/the,') voluntary act and deed, . Notary Public in and for the State of Iowa CiTY OF IOWA CITY CHA,tE. AG.E M .T '96 SU.,, M NTA, ,A.ATR^.Sn' S RWCE This Agreement is made and entered into on the ~ day of ~~~ , 1995, by and be~een the Ci~ of Iowa Cid, Iowa, a municipal corporation (hereina~r~the Ci¥'); Johnson Count, Iowa (hereina~er "the Count"); and Old Capitol Cab Company o'f Iowa Ci~ (hereinafter "Old Capitol Cab"). WHEREAS, the City entered into a contract with Johnson County SEATS to provide transit service for elderly persons and persons with disabilities; and WHEREAS, it is in the public interest to supplement the contract with Johnson County SEATS by providing taxi service to Iowa City residents with disabilities who do not require a lift-equipped vehicle; and WHEREAS, Chapter 28E, Code of Iowa (1995) provides that a public agency may jointly exercise any powers with any other public agency having such powers; and WHEREAS, Chapter 2~E further provides that public agencies may enter into an agreement with private agencies for joint or co-operative action. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: Section I. Scope of Services. Old Capitol Cab shall supplement the City's paratransit service provided by the Johnson County SEATS by providing transportation for City residents who, for reasons of age or disability, are unable to use the fixed route transit service. Section II. General Terms. 1. The service area shall be the corporate limits of the Iowa City Urbanized Area. Johnson County SEATS shall administer the dispatching functions for the transportation services provided by Old Capitol Cab under this Agreement, The City shall be responsible for tracking the funds expended for the service. Clients must call the SEATS dispatcher to request transportation. The SEATS dispatcher will determine if the rider is eligible for the supplemental taxi service and, if so, will notify Old Capitol Cab of the trip. All trips must be arranged through the SEATS dispatcher. Old Capitol Cab shall not provide any trips in response to direct requests from clients. The SEATS dispatcher must authorize any additional stops not requested by the client. For the purposes of this program, a person with a disability is defined as an individual with ambulatory, manual, visual, audile, or mental impairments which seriously limit his or her ability to use a private automobile or fixed route transit for transportation. This includes persons restric~ad to wheelchairs or other mobility devices. A spouse or companion accompanying eligible persons shall also be eligible for ddes from the supplemental taxi service. For the purposes of this program, an elderly person is defined as an individual 60 years of age and older. 2 The taxi service shall provide trips which Johnson County SEATS vehicles cannot serve or may be better served by a taxi dudng SEATS hours of operation. Old Capitol Cab reserves the right to refuse service to any disruptive passenger. Old Capitol Cab shall notify the SEATS manager of each instance where they refuse to serve a passenger. Old Capitol Cab shall notify the SEATS dispatcher if they will be late for a scheduled pickup. Old Capitol Cab shall also notify the SEATS dispatcher if they arrive to pick up a client and cannot locate the client (no shows). Old Capitol Cab shall assist passengers getting into and out of cabs and with carrying groceries and packages. Old Capitol Cab operators shall be sensitive to the needs of elderly passengers and passengers with disabilities. The City shall reserve the right to require sensitivity training for Old Capitol Cab operators. To the extent r~quired by the Federal Transit Administration, Old Capitol Cab will comply with applicable regulations regarding drug and alcohol testing. Old Capitol Cab shall be responsible for any and all costs associated with said drug and alcohol testing requirements. Section III. Compensation, Old Capitol Cab shall be reimbursed according to the rates submitted in Old Capitol Cab's contract bid: $2.50 per mile for the first mile, $.50 for each additional half-mile, $1.00 for each additional stop, $.25 for each additional passenger, and $.50 per minute for waiting time. For service provided during Iowa City Transit's regular hours of operation, Old Capitol Cab shall ask each rider to pay a fare of $1.00 for each trip. The City shall subsidize the remaining cost of the trip. The $1.00 fare shall be subtracted from the calculation of the trip charge which is presented by Old Capitol Cab to the City for reimbursement. Waivers to the $1.00 fare may be granted by the City in which case the City will subsidize the entire cost of the trip. For service provided only within the Iowa City city limits between 10:30 p.m. and 6:00 a.m., Sunday-Saturday, Old Capitol Cab shall ask each rider to pay a $2.00 per trip fare to Old Capitol Cab. The City shall subsidize the remaining cost of the trip. Old Capitol Cab shall retain the $2.00 fare and the request for reimbursement shall reflect a $2.00 deduction from the total trip cost. Only trips for employment purposes will be eligible for reimbursement under this agreement. Old Capitol Cab may charge $.50 per minute of waiting time if a passenger does not respond to a pickup within five minutes of the Old Capitol Cab's arrival. The passenger must pay this charge. The City will not pay any portion of this charge. Old Capitol Cab may make additional stops not authorized by the SEATS dispatcher if additional stops are requested by the passenger. The passenger must, however, pay for all unauthorized stops. 3 e Old Capitol Cab shall make monthly requests for reimbursement from the City for the amount of the trip subsidy for all tdps provided. Each request must include an itemization of the date, time, donation, origin, and destination of each trip including no-shows. Old Capitol Cab shall provide an invoice for the total amount of reimbursement. Copies of these records shall also be delivered to the Johnson County SEATS director for verification. Old Capitol Cab shall request reimbursement from the City for supplemental taxi service trips which would have otherwise been provided by Iowa City Transit if the person had not had a disability or had not been 60 years of age and older. The City does not guarantee a minimum number of trips to Old Capitol Cab under this agreement. Section IV. Indemnification. Old Capitol Cab agrees to defend, indemnify, and hold harmless the City, its officers, employees, and agents, from any and all liability or claims of damages arising from the provision of services under the terms of this'Agreement. Section V. Assignment. Old Capitol Cab shall not assign, sublet, or transfer its interest in this Agreement without the City's written consent. Section Vl. Dlscrlmlnation. Old Capitol Cab shall not engage in any of the following employment practices: 1. Refuse to hire or discharge any individual because of their race, creed, color, national origin, religion, age, sex, madtal status, sexual orientation, or disability. 2. 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, or disability. Section VII. Affirmative Action. Old Capilol Cab agrees to complete an equal opportunity policy statement at the City's request. Old Capitol Cab agrees to permit a representative of the City to inspect their records concerning the supplemental taxi service during normal working hours. Sectlon VIII. Duration. This Agreement shall be in effect from August 1, 1995, to June 30, 1996. The parties may agree to extend the term of this Agreement an additional 30 days. This Agreement may be terminated upon 30-days written notice by either the City or Old Capitol Cab. Section IX. Renewal. The City reserves the right to negotiate a one-year renewal of this Agreement at its discretion. 4 Section X, Extent of Agreement. This Agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, pursuant to the requ. ements of Chapter 28E, Code of Iowa (1995). This Agreement represents the entire agreement between the City, the County, and Old Capitol Cab for supplemental paratransit service. It may be amended only by a written instrument signed by all parties. CiTY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA By: Susan M. HorowitZ, Mayor Attest: City C~ ~" Approved by. ney's Office By: Char~l~es D~u~, Ch irper~~~/~/ Board of Supervisors County Auditor OLD CAPITOL CAB By: , ~ ~' CITY OF IOWA CiTY ACKNOWLEDGEMENT STATE OF IOWA ) ) JOHNSON COUNTY ) On this (?~..~k day of 'J~<]~t , 19. 9,5 , before me, .S,~,,a,.~, ~,.~-- , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Of-dif~ce) (Resolution) No. ~/5-/9~ passed by the City Council, on the f<g "A day of ._)~./~ ,19 ~ , and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa JOHNSON COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ) JOHNSON COUNTY ) ~ppe~are ~this /-~ '~ day of ,.~'~_/'..~,~- ,19 , before me, - ~ -~. ~.~-~,,~.Z~ , a Notary Public in and for the State of Iowa, personally hades D. Duffy and Tom SIockett, to me personally known, and, who, being by me duly sworn, did say that they are the Board of Supervisors Chairperson and County Auditor, respectively, of Johnson County, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its Board of Supervisors, ,~'~ passed.'," - £ .~: .... _~,.' ~ by the Board of Supervisors, ' '1~_:._~.. ~._~.'~. ~_ ' -X_" , t onthe /~ ~ dayof ~.z.~/.~...7"- , 19,~,~, , and that Charles D, Duffy a~d Tom Slockett acknowledged'the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Pu'olic in and for the State of Iowa 6 OLD CAPITOL CAB COMPANY ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~.?~ ~'~ day of ~-/-~'~. ,19 ~ , before ~,.th~..undersigned, a · Ngt~ry P~L~lic in and for said County, in said State, personally appeared ~? ~ ...~ ,~, .~c~ ,, to me known to be the identical pers.~..on.(~. named in and who executed t~e?athm ar~d~regoing ~nstrument, and acknowledged the ht~he/thev) executed the same as (h~.._~er/their) voluntary act and deed. Notary Public in and for the State of Iowa PAUL D. PATE SECRETA I~Y OF STATE HOOVER BUILDING STATE 0F IOWA DES MOINES. IO~VA 50319 TEL (515) 281-5204 FAX (515) 242-5953 September 5, 1995 Marian K Karr City Clerk City of Iowa City, 410 E Washington St Iowa City, IA 52240-1826 RE: Filing of Resolution to 28E Agreement between the City of Iowa City and the Johnson County SEATS Dear Ms. Karr: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of September'5, 1995. Sincerl , P ul D. Pate Secretary of State PDP/kfw Enclosures CITY OF IOWA CITY CHAPTER 28E AGREEMENT FOR FY96 SUPPLEMENTAL PARATRANSIT SERVICE This Agreement is made and entered into on the day of 1995, by and between the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City")i Johnson County, Iowa (hereinafter "the County"); and Yellow Cab Company of Iowa City (hereinafter "Yellow Cab"). WHEREAS, the"~ity entered into a contract with .J. ohnson County SEATS service for elderly I~,sons and persons with disabilities; and WHEREAS it is in th6 3ublic interest to supplement the contract by providing vehicle; and provide transit SEATS Iowa City residents with disabilities who ~require a lift-equipped WHEREAS, Chapter 28E any powers with any Iowa (1995) provides that ic agency having such gency may jointly exercise and WHEREAS, Chapter 28E further private agencies for joint or public encies may enter into an agreement with action. NOW THEREFORE, THE PARTIES AGREE AS Section I. Scope of Services. Yellow Cab shall supplement the SEATS by providing transportation unable to use the fixed route trar service. service provided by the Johnson County who, for reasons of age or disability, are Section II. General Terms, The service area the corporate of the Iowa City Urbanized Area. Johnson shall administer the d~patching functions for the transportation services Yellow Cab under this Agre~nent. The City shall be responsible for tracking the expended for the service. Cliei~s must call the SEATS dispatcher to request tran :ion. The SEATS dispatcher will dfftermine if the rider is eligible for the supplemer)~ taxi service and, if so, will notify Yellov~Cab of the trip. All trips must be arranged,/th ugh the SEATS dispatcher. Yellow Ca'b, shall not provide any trips in response to direct requests from clients. The SEATS ~spatcher must authorize any additi~al stops not requested by the client. ~ For ~e purposes of this program, a disabled person i ds efin~d as an individual with am~blatory, manual, visual, audile, or mental impairmen? which ~e,,riousiy limit his or her ab)lity to use a private automobile or fixed route transit for transpor~tion. This includes persons restricted to wheelchairs or other mobility devices. A spo'u~e or companion accompanying eligible persons shall also be eligible for rides from the s'u~plemental taxi service. For the purposes of this program, an elderly person is defined a~'an individual 60 years of age and older. CITY OF IOWA CITY CHAPTER 28E AGREEMENT FOR FY96 SUPPLEMENTAL PARATRANSIT SERVICE This Agreement is made and entered into on the day of 1995, by and between the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"); Johnson County, Iowa (hereinafter "the County"); and Old Capitol Cab Company of Iowa City (hereinafter "Old Capitol Cab"). WHEREAS, the City entered into a contract with Johnson County SEATS to provide transit service for elderh and persons with disabilities; and WHEREAS, it is in the by providing vehicle; and supplement the ' residents with disabilities who County SEATS require a lift-equipped WHEREAS, any powers with any of Iowa (1995) I: agency having such p agency may jointly exercise and WHEREAS, Chapter 28E further private agencies for joint or co-¢ fides that ve action. 9ncies may enter into an agreement with NOW THEREFORE, II THE PARTIES AGREE AS FOLLOWS: MUTUAL PROMISES CONTAINED HEREIN, Section I, Scope of Services. Old Capitol Cab shall supplement t~ SEATS by providing unable to use the fixed City's service provided by the Johnson County for reasons of age or disability, are Section II. General Terms 1. The service area be the corporate the Iowa City Urbanized Area. 2. Johnson Cour services the supl trips i any SEATS shall administer the Old Capitol Cab under funds expended for the service. The SEATS dis ~mental taxi service and, if so, will notify ed through the SEATS dispatcher. response to direct requests from clients. stops not requested by the client. tching functions for the transportation ement. The City shall be responsible must call the SEATS dispatcher if the rider is eligible for )itol Cab of the trip. All trips 3itol Cab shall not provide any dispatcher must authorize the purposes of this program, a disabled person is as an individual with )ulatory, manual, visual, audile, or mental impairmentslimit his or her to use a private automobile or fixed route tra This includes restricted to wheelchairs or other mobility devices. A silouse or companion accompanying eligible persons shall also be eligible for rides from the supplemental taxi service. For the purposes of this program, an elderly person is defined as an individual 60 years of age and older. RESOLUTION NO. 95-199 RESOLUTION ESTABLISHING A HOUSING AND COMMUNITY DEVELOPMENT COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND REPEALING PREVIOUS RESOLUTIONS ESTABLISHING THE HOUSING COMMISSION AND THE COMMI'!'FEE ON COMMUNITY NEEDS. WHEREAS, the City Council of tire City of Iowa City has adopted a Consolidated Plan for housing, jobs, and services for low and moderate income persons; and, WHEREAS, the U.S. Depadment of Housing and Urban Development requires ongoing citizen participation in matters relating to the Consolidated Plan whose goal is to help families and individuals to achieve their highest level of self-sufficiency; and, WHEREAS, it is in the public interest to combine the functions and duties of the Iowa City Housing Commission and the Committee on Community Needs; and, WHEREAS, said Commissions will be dissolved on August 31, 1995, and be replaced with the Housing and Community Development Commission established herein effective September 1, 1995; and, WHEREAS, the City Council of the City of Iowa City deems it in the public interest to establish a Housing and Community Development Commission for the City of Iowa City, Iowa, to advise the City Council on matters relating to housing and community development issues for low and moderate income residents; and, WHEREAS, the purpose of said Commission shall be to assess Iowa City's community development needs for housing, jobs, and services for low and moderate income residents, and to promote public and private efforts to meet such needs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 2. 3. 4. The Iowa City Housing and Community Development Commission is hereby established. The Housing and Community Development Commission of the City of Iowa City shall have purpose, duties, membership and terms defined in the By-Laws of said Commission. The Iowa City Housing and Community Development Commission shall be established on September 1, 1995. Resolution No. 70-121, Resolution No. 76-136, and Resolution 1109 are hereby revoked, repealed, and rescinded and set aside and held for naught as of August 31, 1995. Passed and approved this 18th day of July , 1995. ATTEST: CITY CLERK Appr~ornbeYy,~/ Resolution No. 95-199 Page 2 It was moved by Pigott and seconded by adopted, and upon rol~ call there were: Kubby the Resolution be · AYES: NAYS: ABSENT: x x x x x · Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-200 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, BMH PARTNERS AND ROCHESTER HILLS HOMEOWNERS' ASSOCIATION FOR PLACEMENT AND OPERATION OF A WATER SPRINKLER SYSTEM AND WATER SPRINKLER HEADS WITHIN THE ROCHESTER AVENUE RIGHT-OF-WAY ADJACENT TO ROCHESTER HILLS. WHEREAS, BMH Partners ("BMH") is the developer of Rochester Hills in Iowa City, Johnson County, Iowa; and WHEREAS, Rochester Hills Homeowners' Association ("Homeowners' Association") has certain responsibilities, by reason of the development agreement, for maintenance of Rochester Avenue right-of-way adjacent to Rochester Hills; and WHEREAS, BMH and the Homeowners' Association seek City approval to locate and operate a water sprinkler system and water sprinkler heads within the Rochester Avenue right-of-way adjacent to Rochester Hills; and WHEREAS, the Department of Public Works has approved the location and operation of the water sprinkler system and water sprinkler heads; and WHEREAS, an Agreement for Use of Public Right-of-Way setting forth the conditions of said use has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement for Use of Public Right-of-Way attached hereto, which has been reviewed by Public Works, is compatible with the public's use of a portion of Rochester Avenue right-of-way, and is therefore in the public interest and is hereby approved as to form and content. 2. In consideration for the conditions set forth in the Agreement, City shall permit use of a portion of Rochester Avenue right-of-way, but only to the extent explicitly set forth in the Agreement and as described in the Agreement's "Exhibit A." 3. The Mayor is authorized to execute and the City Clerk to attest the Agreement for Use of Public Right-of-Way, for and on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record said Agreement in the Johnson county Recorder's Office at BMH's expense. Resolution No, 95-200 Page 2 Passed and approved this ]~h day of July , 1995. ATTEST:~ CIT~'CLERK ~ity Attorney s Office It was moved by Novick and seconded by adopted, and upon roll call there were: Pi~ott AYES: NAYS: ABSENT: pweng~spdnklr.r~ x X x x x the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton AGI~F. MENT FOR USE OF PUBLIC RIGHT-OF-W&~ BE~EN TBE CIT~ OF IOW& 2IT¥, BMI~ PARTNEI~S AI~D ROCBESTER HII~S HOMEO~RS ~SS02I&TlON This Agreement is made by and between B~ Parthere I"BM~"), the City of Iowa City, Iowa, a municipal corporation ("City"), and Rochester Hills Homeowner's Association, an Iowa non-profit corporation ("Homeowners Association"). WHEREAS, BM~q is the developer of a certain real estate legally described as Rochester Hills; and WHEREAS, the ~omeowners Association has certain responsibilities for maintenance of Rochester Avenue right-of-way located adjacent to the development; and WHEREAS, BMH and the Homeowners Association seek city approval to locate a water sprinkler system and water sprinkler heads within the Rochester Avenue right-of-way; and WHEREAS, the public interest would be served in granting approval of an agreement for use of street right-of-way in the following particulars: 1) There would be no adverse effects on sight lines and traffic visibility; 2) There would be no adverse effects on abutting properties; and WHEREAS, the Department of Public Works has approved the location of the sprinkler system; and WHEREAS, the City agrees to allow use of Rochester Avenue right-of- way for said purpose, subject to the terms and conditions herein. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, IT IS AGREED AS FOLLOWS: 1. BMH shall be allowed to install, and Homeowners Association shall maintain water ~prinkler system within the Rochester Avenue right-of-way, as set out in attached Exhibit 'A'; and in turn Cityagrees to permit said r-o-w use as stated herein. 2. BMB agrees to construct the sprinkler system in a manner acceptable to the city. The Homeowners Association agrees to maintain the sprinkler system in good repair so as to minimize danger and preserve aesthetic appeal. 3. In the event the sprinkler system and/or water sprinkler heads are replaced, for any reason, the Homeowners Association agrees to described as Rochester Hills; and WHEREAS, the Homeowners Association has certain responsibilities for maintenance of Rochester Avenue right-of~way located adjacent to the development; and WHEREAS, BMH and the Homeowners Association seek city approval to locate a water sprinkler system and water sprinkler heads within the Rochester Avenue right-of-way; and WHEREAS, the public of an agreement for particulars: interest would be served in granting approval use of street right-of-way in the following 1) There would be no adverse effects on sight lines and traffic visibility; 2) There would be no adverse effects on abutting properties; and WHEREAS, the Department of Public Works has approved the location of the sprinkler system; and WHEREAS, the City agrees to allow use of Rochester Avenue right-of- way for said purpose, subject to the terms and conditions herein. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, IT IS AGREED AS FOLLOWS: 1. BMH shall be allowed to install, and Homeowners Association shall maintain water sprinkler system within the Rochester Avenue right-of-way, as set out in attached Exhibit 'A'; and in turn Cityagrees to permit said r-o-w use as stated herein. 2. BMH agrees to construct the sprinkler system in a manner acceptable to the city. The Homeowners Association agrees to maintain the sprinkler system in good repair so as to minimize danger and preserve aesthetic appeal. 3. In the event the sprinkler system and/or water sprinkler heads are replaced, for any reason, the Homeowners Association agrees to replace sprinkler system and/or sprinkler heads, subject to the approval of the City's Public Works Department. 4. Parties agree the City may require removal of the sprinkler system upon reasonable notice to BMHand the Homeowners Association pursuant to Section 364.12, Code of Iowa (199~). Upon such notice BMH and/or Homeowners Association agree to remove the sprinkler system from the right-of-way, or to relocate said sprinkler system to another location within the right-of-way acceptable to the City, and agree to do so within sixty (60) days after being so ordered. In the event BMH and/or Homeowners Association fail to remove the sprinkler system, or fail to relocate the sprinkler system after being so ordered, the City may remove it and the cost thereof assessed against the property owned by the Homeowners Association in the manner provided in Section 364.12, Code of Iowa (199~ as a property tax. 5. Parties agree that no property right is conferred by this grant of permission.; that the City is not empowered ~o grant a permanent use of its street right-of-way for private purposes; and that the City may order said sprinkler system removed at any time if, for any reason, the City Council determines that the property upon which the system is located should be cleared of any and all obstructions/utilities. 6. This Agreement shall be binding on the parties hereto as well as their successors and assigns, and shall be construed as a covenant running with the land and with the title to the land owned by the Homeowners Association, according to the Subdivider's Agreement and according to the Declaration of Homeowners Association separately established. Dated this Iq day of J~/~ , 199~. CITY OF IOWA CITY ~ity Clerk BMH Partners Rochester Hills Homeowners Association By:~~ aP~toved By~ /, . orney's Office RESOLUTION NO. 95-201 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and WHEREAS, professional engineering services are required to construct necessary facilities to continue landfilling operations on the western portion of the currently permitted site; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by Howard R. Green Company Consulting Engineers of Cedar Rapids, Iowa; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said Agreement with Howard R. Green Company Consulting Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT, the Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company Consulting Engineers for the Provision of Engineering Services, attached hereto and made a part hereof, be and the same is hereby approved as to form and content. AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this lSth day of 3u1¥ ,1995. CIT~i~CLERK It was moved by Nevi~k and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: x x X x x the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ppweng\landfill.res CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this / ~'-"- day of July, 1995, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Howard R. Green Company of Cedar Rapids, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City desires Consulting Engineering services as necessary to prepare contract documents and specifications and provide construction staking and observation, all for expansion of the next-planned cell and closure of post-'l 9.89 fill areas, at the Iowa City Sanitary Landfill NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. This Scope of Services includes preparation of contract documents, bid letting assistance, construction staking and observation for the next phase of the landfill expansion, and for closure of post-1989 fill areas, as a single construction project. Landfill Expansion Contract Documents and Bid Lettin(~ Consultant's work shall include preparation of the contract documents and specifications required for a bid letting related to the next phase of the landfill expansion. The contract documents will include engineering drawings and details of the proposed landfill cell, plus construction specifications. The construction specifications will include the following: · Instructions to Bidders · Form of Proposal · Bid, Performance, and Payment Bond Forms · General Specifications · Detailed Specifications · Excavation · Borrow - soil removal, stockpile, restoration · Subbase preparation · Construction of groundwater collection facilities O:~°RO,A718310~AGREEMT.795 -1- · Construction of the compacted soil liner system · Installation of the synthetic membrane (if applicable) o Construction of leachate collection facilities · Testing and quality control/assurance · Special Provisions · Engineer's Opinion of Probable Construction Cost Consultant will distribute all copies of the contract documents as required for bid letting. The bid letting process will entail the invitations to bid, instructions to bidders, bid proposals, proposal evaluation, and acceptance, Copies of the plans and contract documents will be provided to prospective bidders, Consultant will arrange a pre-bid meeting for the Contractors that will include a visit to the landfill to discuss site conditions, project requirements, and questions. (Attendance at this pre-bid meeting may be optional for the prospective bidders.) Construction Management This Scope of Services also includes contract management, construction observation and construction staking services for the next phase of the landfill expansion. Consultant will provide construction observation at intervals appropriate to the various stages of construction as deemed necessary in order to observe the progress and quality of various aspects of the Contractor's work. Regarding the construction phase for the next phase of the landfill expansion, Consultant will also provide the following services: Participate in the preconstruction meeting. The Contractor will be advised as to IDNR requirements for construction, testing, and documentation involving the groundwater collection, leachate control, and liner systems. Issue interpretations and clarifications of the project documents. Consultant will review shop drawings, samples, and other data which the Contractor may be required to submit, for conformance with the design concept of the project. Evaluate the acceptability of substitute materials and equipment as may be proposed by the Contractor. Provide staking for the excavation of the next expansion phase and installation of the groundwater and leachate collection piping systems. O:~PROJ~?18310~AGREEMT.795 -2- Coordinate quality assurance and quality control testing to ensure that all materials and equipment for the groundwater collection system, compacted soil liner, synthetic membrane, and leachate control system have been placed in accordance with the approved engineering plans, reports, and specifications. Consultant will provide density testing services for the compacted soil liner. The City will be responsible for charges by a third party for independent testing of the HDPE synthetic membrane liner, to be coordinated by Consultant. A report will be prepared including the results of all testing, along with documentation of any failed tests, a description of the procedures used to correct the failures, and the results of any retesting pedormed. IDNR will be notified when the construction of the landfill liner has been completed. An IDNR inspection may be made to determine that the liner, groundwater collection, and leachate collection system has been constructed as designed. Provide surveying for 'as-constructed' plans of the liner system and associated piping systems as modifications occur during construction. Prepare final drawings showing those changes made during construction, based on the marked-up drawings and updated survey data. Copies of the final plans will be distributed to the City and IDNR. Finally, any change orders, payment requests, and a site inspection for acceptance will be processed. Landfill Closure This Scope of Services also addresses the preparation of contract documents, bid letting assistance, and construction review for the final cover and associated erosion control structures, for the post-1989 fill areas. It is anticipated that the Iowa City Sanitary Landfill will commence closure of its current fill area during fall 1995. Closure will include the construction of the final cover over areas that have been active since October 1989 (which includes FY89, FY91, and applicable podions of the FY86 fill area). in addition, erosion control structures may need to be implemented and compliance documentation provided to IDNR. Contract Documents and Bid Letting Concurrent with and included in a single set of documents, Consultant will prepare the contract documents and specifications required for bid letting related to closure of the landfill. The contract documents will include engineering drawings of the landfill and details of the erosion control structures, plus construction specifications, as noted above. The bid letting process will entail the invitations to bid, instructions to bidders, bid proposals, proposal evaluation, and acceptance. Copies of the plans and contract documents will be provided to prospective bidders. Consultant will arrange a pre-bid meeting for the Contractors that will include a visit to the landfill to discuss site conditions, project requirements, and questions. (Attendance at this pre-bid meeting may be optional for the prospective bidders.) O:~PROJ~718310~AGREEMT. 795 -3- · e Construction Management This Scope of Services also includes contract management, construction observation and construction staking services for the landfill closure work. Consultant will provide construction observation at intervals appropriate to the various stages of construction as deemed necessary in order to observe the progress and quality of vadous aspects of the Contractor's work. Regarding the construction phase of the final cover and erosion control structures, Consultant will also provide the following services: Participate in the preconstruction meeting. The Contractor will be advised as to IDNR requirements for construction, testing, and documentation involving this leachate control system. Issue interpretations and clarifications of the project documents. Consultant will review shop drawings, samples, and other data which the Contractor may be required to submit, for conformance with the design concept of the project. , Evaluate the acceptability of substitute materials and equipment as may be proposed by the Contractor. Provide staking for the construction of the final cover and erosion control structures. Coordinate quality assurance and quality control testing to ensure that all materials have been placed in accordance with the approved engineering plans, reports, and specifications. Consultant will provide density testing services for the compacted cover layer. A report will be prepared including the results of all testing, along with documentation of any failed tests, a description of the procedures used to correct the failures, and the results of any retesting performed. IDNR will be notified when the construction of the closure of the landfill has been completed. An IDNR inspection may be made to determine that the final cover has been constructed as designed. Provide surveying for 'as-constructed' topographic mapping of the landfill capped area and erosion control structures. Prepare final drawings showing those changes made during construction, based on the marked-up drawings and updated survey data. Copies of the final plans will be distributed to the City and IDNR. Finally, any change orders, payment requests, and a site inspection for acceptance will be processed. O:~PROJ~718310V~GREEMT,795 -4- II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. It is the City's desire to complete the landfill expansion and final cover project in the fall of 1995. The schedule for providing the consulting engineering services identified in this contract shall be to accommodate the following target dates for the work tasks indicated. Award of Consultant Agreement (by City of Iowa City) for Engineering Services as described herein July 19, 1995 Prepare draft contract documents and construction specifications for review by City Engineering staff September 1, 1995 Complete final documents and place on file with Iowa City City Council September12,1995 · Award construction contract(s) October 24, 1995 · Commence construction November 1, 1995 III. GENERAL TERMS The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts, To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, martial status, or sexual orientation. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. Should the City terminate this Agreement, the Consultant shall be paid for all work and services pedormed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. O:~ROJ\718310~GREEMT.795 -5- This Agreement shall be binding upon the successors and assigns of the padies hereto, provided that no assignment shall be without the written consent of all Padies to said Agreement. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the dght to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and fries pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. O:~PROJ~718310~AGREEMT.795 -6- Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. IV. COMPENSATION FOR SERVICES The fee for the consulting engineering services required to produce the work identified in Section 1, Scope of Services, is Seventy-four Thousand and No/100 Dollars ($74,000.00). Consultant shall bill City monthly for services and reimbursable expenses. Payment shall be due and payable within thirty (30) days of City's receipt of invoice. MISCELLANEOUS All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY Title: Hayor Date: July 18, 1995 Date: mey $ Office O:~PROJ~718310~,G RE EMT. 795 -7- RESOLUTION NO. 95-202 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN HOWARD R. GREEN COMPANY AND THE CITY OF IOWA CITY, IOWA TO PROVIDE CONSULTING SERVICES DURING CONSTRUCTION OF IMPROVEMENTS TO THE WATER SOURCE, TREATMENT, DISTRIBUTION, AND STORAGE FACILITIES. WHEREAS, the City of Iowa City, Iowa is desirous of obtaining the services of an engineering consulting firm to improve the quantity and quality of Iowa City's water supply, treatment, storage and distribution facilities, and thereby satisfy the health and safety concerns of the Iowa City community; and WHEREAS, the EPA is imposing the requirements of the Federal Safe Drinking Water Act of 1974, the Safe Drinking Water Act Amendments of 1986, and the National Interim Primary Drinking Water Regulations; and WHEREAS, the Consultant has prepared a Comprehensive Water Supply Management Plan and has completed an investigation of the various raw water sources in and around Iowa City and has recommended the City secure its raw water supply from the Iowa River, Jordan aquifer, Alluvial aquifer, and Silurian aquifer; and WHEREAS, the Consultant has also prepared a Comprehensive Water Facilities Plan and has recommended the construction of new water source, treatment, storage, and distribution facilities, hereinafter collectively referred to as the Project, to increase the quantity, enhance the quality, provide more uniform water pressure, and comply with state and federal regulations; and WHEREAS, the Consultant has designed the facilities as recommended in the Comprehensive Water Facilities Plan and Iowa City Water Supplv and Treatment Facilities Proiect Desiqn Outline, as modified by City, and City wishes to construct the same; and WHEREAS, the City wishes to retain the services of an engineering consultant to serve as the City's agent to provide construction management services; and WHEREAS, the City of Iowa City has negotiated an agreement with Howard E. Green Company to provide said services for the above-mentioned project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: It is in the public interest of the City of Iowa City to enter into a consulting agreement with Howard E. Green Company to provide construction management services in order to improve the quantity and quality of Iowa City's potable water supply. The Consultant Agreement between the City of Iowa City and Howard E. Green Company is hereby approved as to form and content. Resolution No. 95-202 Page 2 The Mayor and City Clerk are hereby authorized to execute the Agreement, which is attached hereto and incorporated by reference herein. Passed and approved this 18th day of July ,1995. It was moved by Novick and seconded by Throgmorton adopted, and upon roll call there were: Cit~'~Attorney,s~Office - the Resolution be AYES: NAYS: ABSENT: X x x X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton pwadm{n/{i¢oena0Lres CONSULTANT AGREEMENT WATER FACILITIES IMPROVEMENTS THIS AGREEMEN.T., made and ent.ered into this '.L~ day o! ~,,,'~.~, ,1995, by and between the City of Iowa C~ty, Iowa, a municipal Corporation, hereinafter/referred to as the CITY and Howard R. Green Company of Cedar Rapids, Iowa, hereinafter referred to as the CONSULTANT. WHEREAS, the City of Iowa City, Iowa is desirous of obtaining the services of an engineering consulting firm to improve the quantity and quality of Iowa City's water supply, treatment, storage and distribution facilities, and thereby satisfy the health and safety concerns of the Iowa City community; and WHEREAS, the EPA is imposing the requirements of the Federal Safe Drinking Water Act of 1974, the Safe Drinking Water Act Amendments of 1986, and the National Interim Primary Drinking Water Regulations; and WHEREAS, the CONSULTANT has prepared a Comprehensive Water Supply Management Plan and has completed an investigation of the various raw water sources in and around Iowa City and has recommended the CITY secure its raw water supply from a combination of four sources, i.e., the Iowa River, Jordan aquifer, alluvial aquifer and Silurian aquifer; and WHEREAS, the CONSULTANT has also prepared a Comprehensive Water Facilities Plan and has recommended the construction of a new Iowa City Water Supply & Treatment Facilities, hereinafter collectively referred to as the PROJECT, to increase the quantity, enhance the quality, provide more uniform water pressure, and comply with state and federal regulations; and WHEREAS, the CONSULTANT has designed the Project as recommended in the Comprehensive Water Facilities Plan and Iowa City Water Supply and Treatment Facilities Proiect DesJan Outline, as modified by CITY, and CITY wishes to construct the same; and WHEREAS, the Comprehensive Water Supply Management Plan, the Comprehensive Water Facilities Plan~ and the Iowa City Water Supply and Treatment Facilities Proiect Desi(~n Outline are incorporated herein by reference; and WHEREAS, the CITY wishes to retain the services of an engineering consultant to serve as the CITY's agent to provide construction management services; and WHEREAS, the City of Iowa City has negotiated an agreement with Howard R. Green Company to provide said services, NOW, THEREFORE, It IS AGREED BY AND BETWEEN THE PARTIES HERETO that the CITY does now contract with the CONSULTANT to provide construction management services in order to assure the Project is constructed as designed and within applicable time constraints. Services to be provided are as follows: -1- ARTICLE I RELATIONSHIP OF THE PARTIES 1.1 CiTY AND CONSULTANT The CONSULTANT shall act as the CITY's agent in providing construction management services as described hereinafter. The CONSULTANT and CITY shall perform their respective responsibilities as stated in this AGREEMENT and each accepts and will continue the relationship of trust and confidence which has been previously established, and is further set down in this AGREEMENT. 1.2 STANDARD OF CARE The CONSULTANT covenants with the CITY to furnish its professional engineering skill and judgment in accordance with acceptable standards of the engineering profession and shall use responsible care to effect requirements of applicable laws, rules, regulatJuns, and the various Project construction contracts. The CONSULTANT covenants w!th the CITY to use its best efforts in furnishing construction management services consistent with the CITY's interests. As used in this AGREEMENT, the term "best efforts" shall require the CONSULTANT to act in an expeditious, prudent and diligent manner. 1.3 CONSULTANT RELATIONSHIP WITH CONSTRUCTION CONTRACTOR(S) The CITY will enter into various separate contracts for the construction of the Project. The CONSULTANT shall endeavor to maintain a working relationship with the various contractors on behalf of the CITY. However, nothing in this AGREEMENT shall be construed to mean the CONSULTANT assumes any of the contractual or customary responsibilities or duties of the various Contractors. "Contractor" may be used in this Agreement to refer to one or more contractors. ARTICLE II THE PROJECT SCOPE 2.1 PROJECT DESCRIPTION The construction of the Project improvements for the CITY shall be accomplished through the award of construction contracts generally described as follows: 2.1.1 Project Construction (Pad I) 1995 and 1996 Phase: I-A: Silurian Wells SW-1 & SW-2, Observation Wells and Pump Test (lower terminus only) I-B: Jordan Well JW-1 (lower terminus only) I-C: Ground Storage Reservoir (GSR) Renovations at Rochester Ave., Emerald St. and Sycamore St. I-D: Raw Water Piping I-E: Iowa River Power Dam Improvements I-F: Sanitary Sewer Extension I-G: Silurian Wells SW-3 & SW-4 and Four (4) Silurian Wells (upper terminus); Jordan Well JW-1 (upper terminus) I-H: Williams Brothers Gas Pipeline I-h Pond stabilization and site work -2- 2.2 2.1.2 Project Construction (Part II) 1997 and 1998 Phase: II-A: Collector Wells CW-1, CW-2, CW-3, CW-4 (lower terminus), Observation Wells, and Pump Test II-B: Collector Wells (CW-1 through 4 (upper terminus)) II-C: Sand Pit Pump Station and River Intake II-D: Finished Water Mains II-E: Plant Site Work, including Access Roads, and Lagoons 2.1.3 Project Construction (Part III) 1999 and 2000 Phase: Ill-A: Treatment Plant Ill-B: Existing Water Treatment Plant Demolition and Booster Station Construc- tion BASIC SERVICES 2.2.1 Upon execution of a construction contract by the CITY, the CONSULTANT shall meet with the Contractor to secure its proposed Project Construction Schedule showing (1) milestone events significant to the Project and "long lead" major equipment items associated with those events; (2) the exact sequence of operations and item estimates for the completion of the Project; (3) the order, sequence, and interdependence of all significant work activities along with a schedule for the procurement, fabrication, and delivery of critical or special materials and equipment; and (4) a schedule of Contractor submittals and anticipated approvals of samples and shop drawings for equipment and materials. The CONSULTANT shall review the Project Construction Schedule prior to its submission, shall offer its observations to the Contractor concerning said Schedule, and shall make a written report to the CITY containing its observations and recommendations with regard thereto. 2.2.2 The CONSULTANT shall manage and administer each construction contract, and shall consult with and advise the CITY in regard to the progress and quality of construction throughout the construction phase. The CONSULTANT shall assign, at a minimum, individuals to provide construction management services as per EXHIBIT A. Nothing herein shall operate to relieve the CONSULTANT of its obligations to provide sufficient organization, personnel, and management to carry out the requirements of this AGREEMENT. 2.2.3 The CONSULTANT shall schedule and conduct a preconstruction conference with CITY and Contractor, and shall conduct construction and progress meetings with the Contractor to review and discuss construction progress, procedures, problems, and scheduling. The CONSULTANT shall promptly prepare and distribute to participants and the CITY detailed written minutes of all such conferences and meetings. The CONSULTANT shall prepare and submit to the CITY written monthly reports covering the progress of the Project, problems encountered, and scheduling. Nothing herein shall preclude the CITY from attending such conferences and meetings. -3- 2.2.4 2.2.5 2.2.6 2.2.7 The CONSULTANT shall periodically cause the Contractor to update, revise and reissue, as necessary, the Project Construction Schedule to show current conditions and proposed revisions necessitated by actual work progress. The CONSULTANT shall provide resident Project representation by sufficient resident Project staff as set forth in EXHIBIT A, to be present at the site when construction work is in progress, to provide Project observation and inspection of the progress and quality of the construction work, and to determine in general if the Project is proceeding in accordance with the Contract Documents. The CONSULTANT shall use its best efforts to guard the CITY against defects and deficiencies in the work of the Contractor, shall determine if the work is proceeding in accordance with the Contract Documents, and shall endeavor to achieve satisfactory performance from the Contractor. The resident Project staff will direct its best efforts toward providing greater protection for the CITY so that the completed Project will conform to the Contract Documents, but neither the CITY, nor the CONSULTANT, nor their respective staffs will be responsible for the means, methods, techniques, or procedures of construction selected by the Contractor or for safety precautions and programs incident to the work of the Contractor or for any failure of the Contractor to comply with any laws, ordinances, rules, or regulations applicable to the construction work. The Contractor shall have primary responsibility to perform the construction work as set forth in the Contract Documents. The CONSULTANT shall notify the CITY of all permanent work which does not conform to the Contract Documents, shall prepare and submit a written report describing any apparent nonconforming permanent work, and shall make recommendations to the CITY for its correction, and when authorized by the CITY shall instruct the Contractor to carry out the acceptable corrective measures. The CONSULTANT shall maintain detailed records of the work including a daily diary/log of all activities at the work site which may affect the quality and timely prosecution of the work. The daily diary/log format shall include a record of contractors' workforce at each work site, a list of visiting inspectore and officials, daily activities, weather conditions, equipment on each site, decisions made, general observations, and specific observations (e.g., test results). Copies of daily logs, inspection, and testing reports shall be provided to the CITY weekly. Additionally, construction photos shall be maintained to document construction progress. A series of photos shall be taken from the same vantage points as necessary to show work progress. The CONSULTANT shall review and take appropriate action on shop drawings and samples, the results of tests and inspections, and other data which Contractor is required to submit, for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Consultant shall determine the acceptability of substitute materials and equipment proposed by Contractor; and shall receive and review (for general content as required by the specifications) maintenance and operating instructions, schedules, guarantees, bonds, and certificates of inspection which are to be assembled by Contractor in accordance with the Contract Documents. -4- 2,2.8 2.2.9 2.2.10 2.2.11 The CONSULTANT shall issue all instructions for the CITY to the Contractor; shall prepare change orders as required, shall require such special inspection or testing as necessary to evaluate conformance of the work with the requirements of the Contract Documents and the performance thereunder by the parties thereto. Consultant shall interpret and make determinations with regard to the requirements of the Contract Documents, make recommendations to the CITY on all claims of Contractor relating to the execution and progress of the work, and assist the CITY in obtaining data and information from the Contractor as required in the Construc- tion Contract Documents. The CONSULTANT shall recommend construction change orders to the CITY, review requests for change orders, assist in negotiating Contractors' proposals, submit recommendations to the CITY and if they are accepted, prepare change orders for the CITY's authorization. The CONSULTANT shall maintain the following at the Project sites, on a current basis: a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record significant changes; shop drawings; product data; samples; submittals; maintenance and operating manuals and instruction; other related documents and revisions which arise out of the contract or work. The CONSULTANT shall require the Contractor to provide testing in accordance with the construction plans and specifications. The CONSULTANT shall provide surveying as necessary to establish the initial line and grade for each contract and also provide soils density and concrete testing as necessary during construction. The CONSULTANT shall in each month during the construction phase make an estimate in writing of the total amount and value of the construction work done by Contractor to the first of the month. Each estimate shall also include a calculation of the percent of construction completion for each specific contract, as well as a calculation of the percent of construction completion for the entire project, based on the value of the work done. Such estimates shall be based upon the CONSULTANT's observations and inspections of the construction work performed as a professional experienced and qualified in construction management, and upon the CONSULTANT's review of the Contractor's applications for progress payments and the suppoding data submitted therewith. Such estimates shall constitute the CONSULTANT's professional recommendation with regard to payment and shall constitute a representation to the CITY, based on such observations, inspections, and review, that the work has progressed to the point indicated and that, to the best of the CONSULTANT's knowledge, information and belief, the quality of work is in accordance with the Contract Documents, subject to: an evaluation of the work as a functioning Project upon substantial completion; to the results of any subsequent tests called for in the Contract Documents; and to any qualification stated in the recommendation. The CONSULTANT shall submit such estimates in writing not later than the 4th day of each month. The CONSULTANT shall obtain from the Contractor, at least monthly, for each application for progress payment made by the Contractor, such workfome information as is required by the CITY's Contract Compliance Program. -5- 2.3 2.2.12 The CONSULTANT shall conduct an inspection with the CITY to determine if the Project is substantially complete and a final inspection with the CITY to determine if the Project has been fully completed in accordance with the Contract Docu- ments. If the Contractor has fulfilled all of its obligations thereunder the CONSULTANT shall recommend, in writing, final approval of the work by the CITY. As used herein, the term "substantially complete" shall mean the completion of all work required by the Contract Documents with the exception of punch list or minor items, so that the CITY can have the beneficial operation and use of the facilities with minimal interference from the Contractor. As used herein, the term "fully completed" shall mean the completion of all the work including punch list or minor items, in substantial compliance with the Contract Documents. 2.2.13 At the close of the Construction Phase, the CONSULTANT shall deliver to the CITY all records and documents which it is required to keep and maintain pursuant to this AGREEMENT, including but not limited to those provided in Section 2.2.10. The CONSULTANT shall also prepare a set of reproducible Record Drawings showing those changes made during the construction process, based on marked- up prints, drawings, and other data generated by the CONSULTANT or furnished to the CONSULTANT by the Contractor or the CITY and which the CONSULTANT and the CITY consider significant. SERVICES SPECIFIC TO EACH CONSTRUCTION CONTRACT LISTED IN ARTICLE 2.1.1 2.3.1 PHASE I-A: Silurian Wells SW-1 and SW-2 Observation Wells and Pump Test (lower terminus only). 2.3.1.1 The CONSULTANT shall provide horizontal and vertical control surveys for use by the Contractor. Control surveys shall include establishment of well locations and benchmarkers for each silurian well and observation well. Benchmarks will be located within 200 feet of each well. 2.3.1.2 The CONSULTANT shall collect data, monitor the pumping test, interpret data, and provide a written recommendation which meets the objectives of the CITY's silurian water needs while minimizing influence on existing silurian aquifer wells. 2.3.2 PHASE I-B: Jordan Well JW-1 (lower terminus only) 2.32.1 The CONSULTANT shall provide horizontal and vertical control surveys for use by the Contractor. Control surveys shall include establishment of well location and benchmarks within 200 feet of the well. 2.3.2.2 The CONSULTANT shall collect data, monitor the pumping test, interpret data, and provide a written recommendation on production pump capacity, pump setting and total dynamic head (TDH). -6- 2.3.3 PHASE I-C: Ground Storage Reservoir (GSR), Renovations at the Remote Storage Reservoirs on Rochester Avenue, Emerald Street and Sycamore Street 2.3.3.1 The CONSULTANT shall coordinate and monitor the startup of the GSR pumps and electrical equipment installed by the Contractor to ensure proper operation, 2.3.3,2 The CONSULTANT shall prepare an operation and maintenance manual for each GSR and provide three (3) copies to the CITY. 2.3.4 PHASE I-D: Raw Water Piping 2.3.4.1 The CONSULTANT shall provide horizontal and vertical control for use by the Contractor. Horizontal control shall be provided as necessary to maintain design alignment and vertical control as necessary to maintain design depth and avoid conflicts with other utilities and structures. 2.3.4.2 The CONSULTANT shall provide a video tape of the pipeline mute pointing out and discussing existing features before and after pipeline construction. 2.3.5 PHASE I-E: Iowa River Power Dam Improvements 2.3.5.1 The CONSULTANT shall provide horizontal and vertical control as necessary for the Contractor to complete its work, 2.3.6 PHASE I-F: Sanitary Sewer Extension 2.3.7 2.3.6.1 The CONSULTANT shall provide horizontal and vedical control for use by the Contractor. Horizontal and vertical control shall be provided as necessary to maintain design alignment and vertical elevation. Location and elevation of all structures to be constructed shall be provided. The CONSULTANT shall field verify the location and elevation of all potential utility conflicts. Elevation and alignment of all jacking or boxing pits shall be provided. 2.3.6.2 The CONSULTANT shall provide a video tape of the sanitary sewer route, pointing out and discussing existing features before and after sanitary sewer construction. PHASE I-G: Silurian Wells SW-3 and SW-4 and Upper Terminus of Silurian Wells SW-1, SW-2, SW-3 and SW-4; Upper Terminus of Jordan Well JW-1 2.3.7.1 The CONSULTANT shall provide horizontal and vedical control surveys for use by the Contractor, 2.3,7,2 The CONSULTANT shall coordinate the work with Iowa-Illinois Gas & Electric Company to provide electrical service to the wells. -7- 2.4 2.3.7.3 The CONSULTANT shall monitor the startup of all mechanical and electrical equipment installed by the Contractor to ensure proper operation. 2.3.7,4 The CONSULTANT shall prepare an operation and maintenance manual for each type of well constructed and provide three (3) copies to the CITY. 2.3.8. PHASE I-H: Williams Brothere Gas Pipeline Relocation 2.3.8,1 This AGREEMENT assumes the gas pipeline relocation will be the sole responsibility of Williams Brothers Pipeline Company. 2.3.8.2 The CONSULTANT shall be present periodically to observe construction of the pipeline in order to provide assurance construc- tion has occurred per agreement with Williams Brothers Pipeline Company. 2.3.9. PHASE i-I: Pond stabilization and site work. 2.3.9.1 The CONSULTANT shall provide horizontal and vertical control as necessary for the Contractor to complete its work. SERVICES SPECIFIC TO EACH CONSTRUCTION CONTRACT LISTED IN ARTICLE 2,1,2 2.4.1 PHASE lI-A: Collector Wells CW-1, CW-2, CW-3, CW-4 and Observation Wells and Pump Test 2.4.1.1 The CONSULTANT shall provide horizontal and vertical control surveys for use by the Contractor. Control surveys shall include establishment of collector well and observation well locations and a benchmark for each well within 200 feet of the well. 2.4.1,2 The CONSULTANT shall collect data, monitor the pump test, interpret data, and provide a written recommendation which meets the objectives of the CITY's collector well water needs. 2.4.2 PHASE II-B: Collector Well Houses CW-1 through CW-4 2.4.2.1 The CONSULTANT shall provide horizontal and vertical control at each well house for use by the contractor. 2.4.2.2 The CONSULTANT shall coordinate the work with Iowa-Illinois Gas & Electric Company to provide electrical service to the wells. 2.4.2,3 The CONSULTANT shall monitor the startup of all mechanical and electrical equipment installed by the Contractor to ensure proper operation. -8- 2,4.2,4 The CONSULTANT shall prepare an operation and maintenance manual for the collector wells and provide three (3) copies to the 2,4.3 PHASE II-C; Sand Pit Pump Station and River Intake 2.4.3.1 The CONSULTANT shall provide horizontal and vertical control surveys for use by the Contractor. The surveys shall include location of manholes, inlet and outlet locations and elevations, plus line and elevation for pipeline between river intake and pump station, Survey staking for rip-rap placement at the river intake shall be provided. 2.4.3,2 The CONSULTANT shall collect data, monitor the pumping station pump test and recommend operating pump capacity to the CITY. 2.4,3.3 The CONSULTANT shall monitor the startup of all mechanical and electrical equipment installed by the Contractor to ensure proper operation. 2,4.3.4 The CONSULTANT shall prepare an operation and maintenance manual for the sand pit pump station and river intake and provide three (3) copies to the CITY. 2,4.4 PHASE II-D: Finished Water Mains 2.4.5 2.4.4.1 The CONSULTANT shall provide horizontal and vertical control surveys for use by the Contractor. Horizontal control shall be provided as necessary to maintain design alignment and vertical control as necessary to maintain design depth and avoid conflicts with other utilities and structures. 2,4,4.2 The CONSULTANT shall provide a video tape of the pipeline route pointing out and discussing existing features before and after pipeline construction. PHASE II-E: Lagoons 2.4,5.1 New Water Treatment Plant Site Work Including Access Roads, The CONSULTANT shall provide horizontal and vertical control surveys for use by the Contractor. Detailed surveying for all site work elements shall be provided. 2.4,5.2 The CONSULTANT shall prepare an operations and maintenance manual for the lagoons and provide three (3) copies to the CITY. -9- 2.5 SERVICES SPECIFIC TO EACH CONSTRUCTION CONTRACT LISTED IN ARTICLE 2.1.3 2.5.1 PHASE Ill-A: Water Treatment Plant 2.5.1.1 The CONSULTANT shall provide baseline surveys, benchmarks, and offsets as necessary for the Contractors' use. Location and elevation for all structures shall be provided, 2.5.1.2 The CONSULTANT shall schedule and monitor the startup of all mechanical and electrical equipment chemical feed systems, and instrumentation and controls installed by the Contractor to ensure proper operation. 2.5.1.3 The CONSULTANT shall coordinate the work of Iowa-Illinois Gas & Electric Company to provide electrical service and gas service to the site, 2.5.1.4 The CONSULTANT shall prepare an operations and maintenance manual for the water treatment plant and provide three (3) copies to the CITY. 2.5.2 PHASE Ill-B: Existing Water Treatment Plant Demolition and Booster Station Construction 2,5.2.1 The CONSULTANT shall locate and clearly mark all existing facilities including pipelines not to be demolished. 2.5.2.2 The CONSULTANT shall coordinate changeover of treatment operations from the old plant to the new plant. 2.5.2.3 The CONSULTANT shall clearly mark property limits to prevent Contractor encroachment onto adjacent property. 2.5,2,4 The CONSULTANT shall monitor the startup of all booster station mechanical and electrical equipment installed by the Contractor to ensure proper operation, 2.5.2.5 The CONSULTANT shall provide an operation and maintenance manual for the booster station and provide three (3) copies to the city. 2,6 ADDITIONAL SERVICES: If authorized by the CITY, and at additional cost, the CONSULTANT shall furnish or obtain from others additional services as outlined below: 2.6.1 Property surveys, or related engineering services needed for the transfer of interests in real property, engineering surveys and staking to enable the Contractor to proceed with its work, and providing other special field surveys. -10- 2.6.2 Borings and subsurface explorations and recommendations on foundation type and soil bearing capabilities. ARTICLE III CITY'S RESPONSIBILITY 3.1 The CITY shall arrange for access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services under this AGREEMENT. 3.2 The CITY shall examine all sketches, drawings, specifications, and other documents presented by CONSULTANT; obtain advice of an attorney, insurance counselor, and other consultants as CITY deems appropriate for such examination; and rander, in writing, decisions pertaining thereto. 3.3 The CITY shall furnish to CONSULTANT data or estimated figures as to CITY's anticipated costs for services to be provided by others for CITY so that CONSUL- TANT may make the necessary findings to support opinions of probable Total Project Costs. ARTICLE IV GENERAL TERMS 4.1 The CONSULTANT shall not commit any of the following employment practices in any subcontract. 4.1.1 To discriminate against any individual in the terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. 4.2 Should the CITY terminate this AGREEMENT, the CONSULTANT shall be paid for all work and services performed up to the time of termination. However, the sum paid shall not be greater than the "lump sum" amount listed in Article Vl herein. The CITY may terminate this AGREEMENT upon seven (7) calendar days' written notice to the CONSULTANT. 4.3 This AGREEMENT shall be binding upon the successors and assigns of the padies hereto, provided that no assignment shall be without the written consent of all Parties to said AGREEMENT. 4,4, It is understood and agreed that the City retains the CONSULTANT as an independent contractor exclusively. It is further agreed the CONSULTANT shall have the right to employ such assistance as may be required for the performance of the PROJECT. 4.5 CITY agrees that all records and files needed by the CONSULTANT for the PROJECT shall be made available by the CITY upon reasonable request from the CONSULTANT. The CITY agrees to furnish all reasonable assistance in the use of these records and files. 4.6 It is further agreed that no party to this AGREEMENT shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. -11- 4.7 At the request of the CITY, the CONSULTANT shall attend such meetings of the C~ty Council regarding the work set forth ~n th~s AGREEMENT. Any requests made by the CITY shall be given with reasonable notice to the CONSULTANT. 4.8 4.9 4.10 4.11 4.12 4.13 4.14 The CONSULTANT agrees to furnish, upon termination of this AGREEMENT and upon demand by the CITY, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the CONSULTANT pursuant to this AGREEMENT without cost, and without restrictions or limitations as to the use relative to specific phases covered under this AGREEMENT. In such event, the CONSULTANT shall not be liable for the CITY's use of such documents on other projects. The CONSULTANT agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The CONSULTANT shall furnish the services of Mr. R. Dan Lovett, P.E., and Mr. Ralph J. Russell, P.E. to attend such meetings of the City Council and public meetings relative to this AGREEMENT and as may be requested by the CITY. Either Mr. Russell or Mr. Lovett shall attend other meetings as requested by the CITY. Any requirements made by the CITY shall be given with reasonable notice to the CONSULTANT. Mr. Lovett shall direct all PROJECT efforts expended by the CONSULTANT during the work, and shall serve as the primary liaison with the CITY. Changes in the CONSULTANT's representatives shall be made only with the prior written approval of the CITY. Charles Schmadeke and Edward Moreno shall act as the CITY's representatives with respect to the work to be performed under this AGREEMENT. These two persons or their designees shall have complete authority to transmit instructions, receive information, interpret and define the ClTY's policies and decisions with respect to the work presented under this AGREEMENT. The CITY agrees to tender to the CONSULTANT all fees in a timely manner, excepting, however, that CONSULTANT'S failure to satisfactorily perform in accordance with this AGREEMENT shall constitute grounds for the CITY to withhold payment of an amount sufficient to properly complete the PROJECT in accordance with this AGREEMENT. Should any section of this AGREEMENT be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid podion and shall continue in full force and effect. Original contract drawings shall become the property of the CITY. The CONSUL- TANT shall be allowed to keep mylar reproducible copies for the CONSULTANT's own filing use. 4,15 Fees paid for securing approval of authorities having jurisdiction over the PROJECT shall be paid by the CITY, -12- ARTICLE V TIME OF COMPLETION The CONSULTANT shall complete the PROJECT in accordance with Construction Contracts awarded by the CITY. Construction Contracts will be awarded during the year indicated in Sections 2.1.1, 2.1.2 and 2.1.3. If Construction Contracts are not awarded during the year indicated, Article VI may be amended as agreed to by both parties. ARTICLE Vl COMPENSATION FOR SERVICES 6.1 Methods of Payment for: 6.1.1 Phases in 1995 and 1996 (Part I) as described in Section 2.1.1 Part I: 1995-1996 l-A: $75,500 l-B: 36,000 1-C: 63,000 l-D: 71,000 l-E: 63,500 l-F: 44,100 l-G: 43,000 I~H: 12,500 1-1: 30,000 Total Lump Sum Fee - Part h $438,600 6.1.2 Phases in 1997 and 1998 (Part II) as described in Section 2.1.2 To be negotiated prior to commencement of work under this section. 6.1.3 Phases in 1999 and 2000 (Part III) as described in Section 2.1.3 To be negotiated prior to commencement of work under this section. 6.2 Schedule of Payment The CONSULTANT's lump sum fee shall be earned and paid in accordance with Exhibit B attached hereto. The CONSULTANT shall submit monthly statements requesting payment for its services concurrently with the submission of estimates for payment of the Construction Contractor. ARTICLE VII MISCELLANEOUS 7.1 Insurance Requirements 7.1.1 Certificate of Insurance, Cancellation or Modification 7.1.1.1 Before commencing work, the CONSULTANT shall submit to the CITY, for approval, a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. -13- 7.1.1.2 The CONSULTANT shall notify the CITY in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. 7.1,1.3 Cancellation or modification of said policy or policies shall be considered just cause of the CITY to immediately cancel the AGREEMENT and/or to halt work on the PROJECT, and to withhold payment for any work performed on the Contract, 7.1.2 Minimum Coverage 7.1.2,1 Any policies of insurance purchased by the CONSULTANT to satisfy its responsibilities under this AGREEMENT shall include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coverage i. Comprehensive General Liability (1) Bodily Injury (2) Property Damage ii. Motor Vehicle Liability and Property Damage Insurance (1) Bodily Injury (2) Property Damage iii. Worker's Compensation Insurance as Required by Chapter 85, Code of Iowa 7.2 Limitations of Liability 7.3 Class II Each Occurrence Aqqre~ate $250,000.00 Per Person $500,000.00 $100,000.00 Per Accident $250,000.00 $500,000.00 $100,000.00 7.4 CITY agrees to limit CONSULTANT'S liability to CITY arising from CONSULTANT'S professional negligent acts, errors or omissions on the PROJECT to damages not exceeding the sum of $1,000,000.00. In consideration therefor, the CONSULTANT agrees at all times material to this Agreement to have and maintain professional liability insurance covering the CONSULTANT'S liability for the CONSULTANT'S negligent acts, errors and omissions to the CITY in the sum of $1,000,000.00. All provisions of the Agreement shall be reconciled in accordance with generally accepted standards of the Engineering profession. It is furlher agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire Agreement, and that no other monies or considerations have been solicited. -14- CITY OF iOWA CITY, IOWA FOR THE CONSULTANT HOWARD R. GREEN COMPANY alph~s~' R I, P.E., President Attest by: R. Dan Lovett, P.E., Vice President Approved by ~ty Attorney'lO'ffioe Date ' ~ pwadmln',green.con -15- STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis /['P~' dayof '~'~1'7 ,19 '~5 ,beforeme, §,.,d,,~, - ~,-~ , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordi~,~-'n~e} (Resolution) No. '~5 - Zo Z.- passed by the City Council, onthe ~'~ ~ dayof J~.l~ ,19 ~5 ,andthat Susan M. Horowitz and Marian K. Karr acknowledged the ~'xecution 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 ) ) SS: JOHNSON COUNTY ) On th~s \~ day of ~-~--~'.~ , 19~b, before me, the undersigned a Notary Public and for the State of Iowa, pe~r~ona~'~ppeared g..c,\g~'~. ~-.'.~5?-%~//and ~-. L-o.1%'~- , to me per~sonally known, who being by~_e dgly sworn, did ~s~.~hat theyarethe ~.c,\Q~c,.~. ~2_._~__~\ and - ~-~,.-,, , respectively of the corporation executing the foregoing instrument; that the seal affixed thereto is the seal of the corporation; that said instrument was signed and se.aL~d o~ be,half of the corporation by authority of its Board of Directors and that ~.,\k}~'~ ~----~. ~.,-~...~.~L\~ and ~, ~)c:~c~ ~, (.~'q~..~'~- 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 a fiduciary voluntarily executed. Notary Public in ah-'d fb.~he State of Iowa -16- Exhibit A Part I - 1995-96 Project Manager R. Dan Lovett, P.E. Principal-In-Charge Ralph J. Russell, P.E. Construction Manager Bob Pringle Construction Observation (Part I) Constr. Observer Bob Pringle Constr. Observer Bob Pringle Consir. Observer Rich Block Coustr. Observer Renee Whittinghill Constr. Observer Oeny Hingtgen Constr. Observer Bob Pringle Constr. Observer Bob Pfingle Constr, Observer Bob Pfingle Consir. Observer Bob Pringle I-A: Silurian Wells l & 2: I-B: Jordan Well JWh I-C: GSR Renovation: I-D: Raw Water Mains: I-E: Iowa River Dam: I-F: Sanitary Sewer: I-G: Silurtan WelLs 3 & 4, etc.: I-H: Williams Bros. Pipeline: I-I: Pond Stabilization: Office Sapport Dave Wallace Office Support Dave Wallace Office Support Chris Carlin Office Support Dan Wall Office Support Marvin Houg Office Support Dan Wall Office Support Dave Wallace Office Support Rich Block Office Support Dave Moermond Exhibit A Part II- 1997-1998 Project Manager R. Dan Lovett, P.E. Principal-In-Charge Ralph J. Russell, P.E. Construction Manager Bob Pringle Construction Observation (Part II) Constr, Observer Rich Block Constr, Observer Bob Pr/ngle Constr. Observer Bob Pfingle II-A: Collector Wells 1, 2, 3, 4: II-B: Collector & Jordan Well Houses: II-C: Sand Pit Pump Station: II-D: Finished Water Mains: Constr. Observer Renee Whininghill II-E: Plant Site Work, Road & Lagoons: Constr. Observer Bob Pringle II-F: Silurlan Wells S, 6, 7: Consir. Observer Rich Block Office Support Dave Wallace Office Support Dave Wallace Office Support Mark Duben Office Support Dan Wall Office Support Mark Duben Office Support Dave Wallace Exhibit A Part III- 1999-2000 Project Manager Dan Lovett, P.E. Principal-In-Charge Ralph J. Russell, P.E. Construction Manager Chris Carlin Construction Observation (Part HI) m-a: Treatment Plant: Constr. Observers Chris Carlin, Rich Block Bob Pringle, Gerry l-lingtgea Office Support Mark Duben-Design and Process Mark Kinney-Structural Paul Young-Electrical Mike Drahos-lVlechanical Dwight Doberstein-Architectural m-i{: Extsting Plant Demolition: Cunstr. Observers Rich Block, Bob Pdngle Office Support Mark Dubeu EXHIBIT B Howard R. Green Company will invoice a percentage of the lump sum (ES) amount based on contractor(s) progress according to the following table. Percent Percent of LS Pement Percent of LS Contractor Complete Amount Billed Contractor Complete Amount Billed 1 2 51 52 2 5 52 53 3 8 53 53 4 11 54 54 5 13 55 55 6 15 56 55 7 17 57 56 8 18 58 57 9 19 59 57 10 21 60 58 11 22 61 58 12 23 62 59 13 24 63 59 14 25 64 60 15 26 65 6O 16 27 66 61 17 27 67 62 18 28 68 62 19 29 69 63 20 30 70 63 21 31 71 64 22 31 72 64 23 32 73 65 24 33 74 66 25 34 75 67 26 35 76 68 27 35 77 68 28 36 78 69 29 37 79 69 30 38 80 70 31 39 81 71 32 39 82 73 33 40 83 74 34 41 84 75 35 42 85 76 36 43 86 77 37 44 87 78 38 44 88 79 39 45 89 80 40 45 90 81 41 46 91 83 42 46 92 85 43 47 93 88 44 48 94 90 45 48 95 91 46 49 96 93 47 49 97 95 48 50 98 97 49 51 99 99 50 52 100 100 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN HOWARD R. GREEN COMPANY AND THE CITY OF IOWA CITY, IOWA TO PROVIDE CONSULTING SERVICES DURING CONSTRUCTION OF IMPROVEMENTS TO THE WATER SOURCE, TREATMENT, DISTRIBUTION, AND STORAGE FACILITIES. WHEREAS, the City of Iowa City, Iowa is desirous of obtaining the services of an engineering consulting firm quantity and quality of Iowa City's water supply, storage and :acilities, and thereby satisfy the health and safety corn ; of the Iowa City WHEREAS, the 1974, the Safe Drinking Drinking Water Reg~ sing the requirements of the Federal Safe ~r Act Amendments of 1986, and the ~ nd Water Act of I Interim Primary WHEREAS, the Consultant hi prepared a Comprehensive and has completed an investi. ~n of tl and has recommended the secure its raw water aquifer, and Silurian aquifer; and lement Plan ces in and around Iowa City from the Iowa River, Jordan WHEREAS, the Consultant has recommended the construction of facilities, hereinafter collectivel the quality, provide more uniform regulations; and ~repared a water ~nsive Water Facilities Plan and has treatment, storage, and distribution ect, to increase the quantity, enhance and comply with state and federal WHEREAS, the Consultant has desi Water Facilities Plan and Iowa C Outline, as modified by City, an facilities as recommended in the Comprehensive and Treatment Facilities Project Desiqn to construct the same; and WHEREAS, the City wishes ~ ~in the City's agent to provide co mana of an engineering consultant to serve asthe services; and WHEREAS, the City Company to provide City has negotiat services fol an agreement with Howard E. Green Iioned project. NOW, THEREFOI IOWA, that: BE IT RESOLVED BY THE JNCIL OF THE CITY OF IOWA CITY, It is i~interest of the City of wit Green Company to provid ,rove the quantity and quality of Iowa City's nter into a consulting agreement management services in order water supply. i'he Consultant Agreement between the City of Company is hereby approved as to form and content. City and Howard E. Green RESOLUTION NO. 95-203 RESOLUTION RESCINDING RESOLUTION NO, 92-329 AND APPROVING THE REVISED DESIGN OF CARNEGIE PLAZA, THE PROPOSED DEVELOPMENT AT THE CORNER OF COLLEGE AND GILBERT STREETS, WHEREAS, pursuant to Resolution No. 83-13, dated January 18, 1983, the City Council authorized execution of a contract for sale of the Old Public Library and adjacent parking lot; and WHEREAS, this contract obligated the buyer of the parking lot, G.W.G. Investments, to submit building designs for Council approval for any development of the parking lot; and WHEREAS, the City Council adopted Resolution No. 92-329, approving the building design for a building called Carnegie Plaza, and WHEREAS, revised design plans for a four-story mixed use building called Carnegie Plaza have been submitted and reviewed by the City staff, and WHEREAS, the City staff has recommended approval of the revised building design plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Resolution No. 92-329, approving the building design plans for Carnegie Plaza, is hereby rescinded. 2. The City Council hereby approves the revised building design for Carnegie Plaza as shown on plans submitted by G.W.G. Investments dated May, 1995, as required under the contract for sale of the Old Public Library and adjacent parking lot. This Resolution shall supersede Resolution 92-329 as rescinded above. Passed and approved this 18th day of .:ru].y , 1995. AYOR ""~---)_ CITY-CLERK ~.._~t o r n ~{~.f f~ _e~"~ · MICROFILMED BY C ::{ES- '"" INFORMATION TECHNOLOGIES''" "R -.i.'"" ' C - 84 TAKE '" RESOLUTION NO. 95-203 RESOLUTION RESCINDING RESOLUTION NO, 92-329 AND APPROVING THE REVISED DESIGN OF CARNEGIE PLAZA, THE PROPOSED DEVELOPlVlENT AT THE CORNER OF COLLEGE AND GILBERT STREETS, WHEREAS, pursuant to Resolution No. 83~13, dated January 18, 1983, the City Council authorized execution of a contract for sale of the Old Public Library and adjacent parking lot; and WHEREAS, this contract obligated the buyer of the parking lot, G.W.G. Investments, to submit building designs for Council approval for any development of the parking lot; and WHEREAS, the City Council adopted Resolution No. 92-329, approving the building design for a building called Carnegie Plaza, and WHEREAS, revised design plans for a four-story mixed use building called Carnegie Plaza have been submitted and reviewed by the City staff, and WHEREAS, the City staff has recommended approval of the revised building design plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT~ 1. Resolution No. 92-329, approving the building design plans for Carnegie Plaza, is hereby rescinded. 2. The City Council hereby approves the revised building design for Carnegie Plaza as shown on plans submitted by G.W.G. Investments dated May, 1995, as required under the contract for sale of the Old Public Library and adjacent parking lot. This Resolution shall supersede Resolution 92-329 as rescinded above. Passed and approved this 18t:h day of July,,1995. CITY-CLERK ( City A~torn~,s~c_eo--~ Resolution No. 95-201 -: Page 2 .. It was moved by Novick and seconded by adopted, and upon rol~ call there were: the Resolution be . AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmortcn 3Ui_-i?-icJgS 14:3L FE~3~I Bt_/3~1IN[;i F~q[RIE TO ].3L937_~E~35 P,01 BLOOMIN~ PRAIRIE J'uly 3, 1995 Rochelle Prunty New Pioneer Co-op 22 South Van Burcn Iowa City, Iowa Dear Roche~e, Thank. you for asking me, your floor plan designer, to comment on the use of windows in the retail area of your prospect/re new store. The store d~ign allows tbr full-sized windows only in front of the checkout area £adng northwest toward the pla2a. V~"mdows facing dire,'tly north tow&rd Collie would have to be positioned.above the linc of fi.xtures, or at least 75" above the r~m'l floor. This is also true of the Gilbert Street wall, except for an area adjacent to the 9' high me~t cooler. Grocery stores and windows don't function together well. Indeed, most ropermarkets have no windows in the retail area except, perhaps, the Front-end. The reason for this is that store operations and customer traffic flow patterns require that psimeter walls be intensively fixtured whether for backroom operations or retail merchandizin~ The desi.~ off your new store offers signiflcamly more oppommity for windows than the typical supermarket. But for the most part these windows '.,fill exist for the purpose of letting in natural light, fairer than providing passersby a view of the interior of your store. This last goal may be unattainable anyhow due to the r~tail floor being s~verai feet above grade toward the Gilbert $tr~t side. Having seen your artchitcct's renderings of the store exterior, I am confident you can attain an attractive and inviting street presence even with the window limitations. Yours h3 cooperation, P.J. Hoffman Store Planner, Blooming Prairie Retail Services TOTI:~- P · 01 RESOLUTION NO. 95-204 RESOLUTION APPROVING A DISPOSITION PLAN APPLICATION FOR 1926/1946 BROADWAY STREET WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Hbusing Authority and the Department of Housing and Urban Development has published a notice of fund availability for replacement of Public Housing units; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer Certificate, Voucher and Public Housing Programs; and WHEREAS, the' Iowa City Housing Authority held meetings with the Public Housing tenants to advise them of the application and to request comments; and WHEREAS, the participants of the Public Housing assistance programs and the Citizens of Iowa City would benefit from the Disposition Plan, namely the sale of 1926/1946 Broadway Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said Disposition Plan application to the Department of Housing and Urban Development, which Plan includes the sale of Iowa City Public Housing now located at 1926/1946 Broadway in Iowa City, Iowa. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 18th day of Julv , 1995. CITY-CLERK It was moved by PiRott and seconded by Thro~;morton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton X hbasst[dispplan.rB~ · · City of iowa City MEMORANDUM To: Housing Commissi n~'s~e cti~~ From: Douglas Boothroy, Director of Ho[ siices Re: HUD Application for 18 Public Halusing Replacement LJ~,s On June 16, 1995, the much delayed Notice o'S Funding Availability (NOFA) and invitation for applications for public housing development funds was published by HUD. This NOFA was delayed due to activity/discussions concerning HUD budget cuts proposed by Congress. The President's veto (June 7, 1995) of legislation that would have rescinded part or all of the public housing development funds caused HUD to issue this NOFA. Applications are due 3:00 p.m. at the HUD office on July 31, 1995. If the City Council (ICHA) is to make the application deadline, the Housing Commission will need to make its recommendation to the ICHA at its meeting of July 11, 1995. The ICHA will hold the public hearing on this application July ~'~,/~95. I am recommending applying for 18 three-bedroom, single-family detached public housing replacement units. Applications for replacement units are given the highest award priority by HUD and those replacement units would offset the sale of the 18 three-bedroom, multi-family units located at 1926/1946 Broadway. As you may recall, in January of this year I recommended the sale of Broadway Apartments to HACAP for transitional housing. The Committee on Community Needs has approved funds for HACAP to purchase Broadway for transitional housing. I am also proposing the "development method" be acquisition of existing single-family houses in lieu of new construction. It is my experience (two acquisition projects - 30 units, one new construction project- 33 units) that acquisition projects achieve better distribution of housing (i.e. not all units will be located south of Highway 6 Bypass) and larger housing units with established yards located in several neighborhoods. I am requesting the Housing Commission recommend the application for acquisition of 18 existing three-bedroom public housing replacement units which supports the sale of 1926/1946 Broadway to HAOAP for transitional housing. I believe this housing project to be a "win-win" for the community, public housing clientele, ICHA and HAOAP. This project is highly advantageous to all padies because of the following: · Expands transitional housing opportunities within the community. Meets top priority of providing transitional housing as identified in the City Steps. Provides transitional housing in quality housing stock located close to needed services. · Expands low income housing opportunities by 18 units. 2 · Reduces the amount of disruption/relocation of tenants since 10 of the 18 units are vacated due to recent fire damage. · Requires no relocation of tenants presently residing at Broadway and provides them the opportunity of HACAP services if they choose. Provides 18 single-family, detached public housing unite which are highly desirable by public housing clientele because of the type of housing opportunity provided (i.e. single-family housing located within low density residential neighborhoods). · Provides income to the Iowa City Housing Authority that can be used to address specific budgetary concerns. 1 hope the Housing Commission will support this proposal and I look forward to discussing this matter with each of you. Thank you for your consideration. b~udappl RESOLUTION NO. 95-205 RESOLUTION APPROVING REPLACEMENT HOUSING PLAN FOR DISPOSITION OF 1926/1946 BROADWAY STREET WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development has published a notice of fund availability for replacement of Public Housing units; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer Certificate, Voucher and Public Housing Programs; and WHEREAS, the Iowa City Housing Authority held meetings with the Public Housing tenants to advise them of the replacement housing plan and to request comments; and WHEREAS, the participants of the Public Housing assiste, nce programs and the Citizens of Iowa City would benefit from the one-for-one replacement plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said Replacement Housing Plan for disposition of Public Housing units to the Department of Housing and Urban Deyelopment, That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this [8th day of July ,1995. CITY CLERK Approved Clty Attorney s Office It was moved by Nnv~,¢k and seconded by adopted, and upon roll call there were: Pigott AYES: NAYS: ABSENT: x X x x X the Resolution be ABSTAIN: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton h~asst~e~plan.ms RESOLUTION NO. 95-206 RESOLUTION APPROVING SPECIAL CENSUS PROCEDURE AND DIRECTING EXECUTION OF CONTRACT THEREFORE FOR THE CITY OF IOWA CITY, IOWA. WHEREAS, the City Council of the City of Iowa City has heretofore deemed it necessary and desirable to have a Special Census; and WHEREAS, the United States of America, Department of Commerce, Bureau of the Census has presented a two-page agreement therefore which now requires execution by the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CIl'Y, JOHNSON COUNTY, IOWA, THAT the attached agreement be signed by the Mayor and Clerk and that City staff proceed with the implementation thereof. Passed and approved this 18th day of July , 1995. CIT~' CLERK It was moved by Kubby and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton the Resolution be 0230 CONTIU~CT NO. IOWA CITY, IOWA AND THE UNITED STATES OF AMERICA DEPARTMENT OF COMMERCE BUREAU OF THE CENSUS Agreement between the United States of America, Bureau of the Census, Department of Commerce, (hereinafter referred to as the Government) and the Iowa City, Johnson County, Iowa (hereinafar referred to as the Conlraelor). RECITALS The Centracier has requested that a special population census be taken under the authority of Title 13, United States Codes, Section 196. Section 196 of ~tle 13 authorizes the Secretary of Commerce to take a special census for a state or local government upon payment of the actual or estimated cost. The Contractor is willing to pay all costs of taking the special census including, but not limited to, appropriately furnished office quarters, total compensation of all field ennmemtion and supervisory personnel, compensation of C~nsus Bureau headquarters and regional office personnel for time allocated to the special census, overhead for headquarters and regional offices, processing of data, and all other costa attributable to taking the special census. In taking the special census, the Contractor is directly responsible for recruiting, screening, recommending, end compensating all field personnal determined necessary by the Governntent for taking the special census. Notwithstanding the Contractor's responsibility for recruitment and compensation, such field per~onnal shall be and remain employees of the Government, subject to all appropriate Federal laws and under its direct supervision. In this regard, the Govermnent reserves the right to reject persons recommended by the Contractor if such persons fail to meet employment criteria. TERMS Acknowledging the foregoing, the parties agree as follows: A. (1) The Government shall designate one or more experienced employees to direct the taking of the special census. (2) The designated Government employee(s) shall oversee all aspects of the enumeration including the hiring, training, and separation of field representatives, field supervisory personnel, and other temporary personnel employed locally to take the special population census. The designated Government employee(s) shall exorcise day-to-day technical supervision of these employees. All such temporary personnel shall be Government employees and neither the Contractor nor any representative of the Contractor shall supervise, exercise control over or in any other way interfere with such employees in the performance of their responsibilities. (1) The Contractor shall update maps of the proposed census area in accordance with instructions provided by the Government. The Contractor shall provide any certification of legal boundaries within the proposed census area as required by the Government. Tbe census will not be scheduled until these obligations have been completed to the satisfaction of the Government. (2) The Contractor shall supply, free of charge, satisfactory office quarters equipped with telephone(s), office furniture, personal computers, and other equipment end furnishings as determined necessary and proper by the Government. O) The Contractor shall recruit, screen, end recommend for employment sufficient qualified applicants for field representatives, supervisory field personnel, and other positions as may be needed to complete the special population census. Employees shall be selected for employment end separation under standards established by the Government, and shall take an oath or affirmation as required to protect the confidentiality of the information collected by them. between the United States of America, Bureau of the Census, Depart'menS of Coramerce, (hereinafter referred to as the Government) and the Iowa C y, Johnson County, Iowa (hereinafter referred to as the Contractor). .RECITALs The Conlractor has requested that a epeeial population census be taken under the authority of/'/tie 13, United States Codes, Section 196. Section 196 of ~'tl~ 13 authorizes the Secretary of Commerce to take a special census for a state or local governmeat upon payment of the actual or estimated cost. 3. The Contractor is willing to pay all costs of taking the special census including, but not limited to, appropriately furnished offtea quarters, total compensation of all field enumeration and supervisory personnel, compensation of Census Bureau headquarters and rcgionsl office persoaael for time allocated to the special ceasus, overhead for headquarters and regional offices, processing of data, and all other eests attributable Io taking the special censns. 4. In taking the special census, the Contractor is directly responsible for recruiting, screening, recomrr~,,nding, end compensating all field personnel determined necessary by the Government for Inking the special census. Notwithstanding the Contractor's responsibility for recruitment and compensation, such field personnel shall be end remain employees of the Government, subject to all appropriate Federal laws and under its direct sopervisinn. In ~s regard, the Government reserves the right to reject persons recommended by the Contraetas if such perseus fail to meet employment criteria. Acknowledging the foregoing, the parties agree as follows: A. (I) (2) (1) TERMS The Government shall designate one or more experienced employees to direct the ~,ing of the special census. The designated Govermnent employee(s) shall oversee all aspects of the enumeration including the hiring, training, and separation of field representatives, field supervisory personnel, and other tamporary personnel employed locally to take the special population census. The designated Government employee(s) shall exercise day-te-day technical supervision of thes~ employees. All such temporary personnel shall be Government employees and neither the Contraetor nor any representative of the Contractor shall supervise, exercise control over or in any other way interfere with such employees in the performance of their responsibilities. The Contractor shall update maps of the proposed census area in accordance with instructions provided by the Government. The Contractor shall provide any certification of legal beuadades within the propo.~l census area as required by the Govermnent. The census will not be scheduled until these obligations have been completed to the satisfaction of the Government. (2) (5) The Contractor shall supply, free of Charge, eatis.~ctory offic~ quarters equipped with telephone(s), office furniture, pervenal coreputers, and other equipment and furnishings as determined necessary and proper by the Government. The Contractor shall recruit, screen, and recommend for employment sufficient qualified applicants for field representslives, supervisory field personnel, and other positions as may be needed to complete the special population census. Employees shall be ~lected for employment and separation ueder standards established by the Government, and shall take an oath or affirmation as required to protect the confidentiality of the information collected by them. The Government reserves the right to reject suy persons recommended by the Contractor ifsoeh persons fail to meet the established employment standards. The ContraClor shall be responsible for all administrative operations relating to the reconcilement and payment of thes~ employees. The Contractor shall also comply with all applicable federal, state, and local laws, including but not limited to those pertaining to Equal Employment Opportunity Act and the Fair Labor Standards Act applicable to these employees, and shall complete and file any and all repo~ required thereunder. (a) In the event that sufficient suitable applicants are not funfished by the Contractor for the necessary positions and the Government must expend funds to obtain applicants to fill the remaining positions. the Coatrector agrees to reimburs~ the Government for those additional expenses. This will increase the costs estimated in I].(4). and (4) (a), , ~Tbe Contractor shall pay, directly, field represe. atatives, supervisory field personnel, and others hired locally to conduct the actual enumeration, at rates of pay fLxed by the Government. The compea~tion of such field .~ representatives, supervisory field personnel, and others shall be paid to them directly by the Contractor upon approval '~by the designated Governngnt employee. The Contractor shall pay or withhold from the compensation paid to the field \~cprasentatives, supervi.sory field personnel, and others locally employed all amounts necessary for Social Security, '[~.eral; .state, and local mcon~ tax, continuatinn of pay, or other sums .~. uired to be paid or withheld by federal, state, o~.ecai ~aws. 'rbc amount necessary to cover thes~ expenses, not including workmart'n compensation tad continuation of'~.~y, is estimaled to be $106,33 1. The Contractor agrees that thes~ funds will I~ available for disbursement upon appr61val of the designated Oovernmnnt employee. Co) e Contractor shall reimburse the Government for all fnn~ expended by the Governre/out resulting from payments to the Department of Labor under applicable Federal workers compensation tad nnempf~yment benefits laws. (5) In addition to 0be salary expenses to be paid directly by hired locally, the Contractor a~res~ to pay all other expenses related to the taking of the ~ . not limited to (a) edministrstiv~nnd technical work performed by headquamrs and regional personnel, Co) ~ schedules tad related material's[ (c) map preparation; (d) tabulation expenses; (¢) the cost of the desi employee's salary, allowances for subsistence at the standard federal rate per day, traveling other reasonable and necessary expenses, and overhead and other charges applicable to these costs; and (0 by the Govermnent in completing the special population census. Based t the estimated cost for these services is $92,500. A payment of that amount shall be ~overnment before any work on the census is performed. The advance payment will be adjusted to actual g or refund made as appropriate. This payment is for Government costs referenced in this item and e the Contractor under item B.(3) above. (6) In accordance with B.(5), if actual cost e:~ceeds the advance payment, the Government in full is due 30 days from the date of the invoice. A late charge shall be imposed ~ the overdue amount for each 30-day period or portion thereof during which the remittance is due. The n a percentage rate equal to the current value of funds to the U.S. Treasury in accordance with g fiscal requkemants. Notwithstanding Contrsetor's direct payment of compensation, all temporary tad others hired locally that, absent negligence or malfeasance on its part, Act or amounts owing due to inappropriate personnel actions by Accordingly, it is understood for claims under the Federal Tort Claims D. The individual information collected by the field tspmsentatives on the/special population e~nses questionnaires is strictly confidential pursuant to the provisions of Title 13, United States Cod~, and the questionnaires shall be controlled by and returned directly to the authorized representative of the Goverament.,/All such population census questionnaires and all other papers relating to the special population census am the prolmrty o,f'the Governntent and under the law may only be made available to, and examined by, Government officials and employes. Unlawful disclosure subjects employees to a fine of up to $5,000 or imprisonment of up to 5 years, or both. / . E. The Goverranent shall provide to the Contractor the officia, l/pepnlation count derived from the special census at the earliest practicable date afler completion oftbeenumerationand ~eprocessing required to produce tbe statistical results. This count, which shall be as of the date of the stxx:iai census, wi, ll be provided in writing and signed by an appropriate Govermnent official. The Government will not guarantee delivery of thg/fmal count by any specified date and shall not be held responsible for any loss or damages suffered by the Contractor due !6 the data not being available by a specific date. The Contractor accepts that response to a special eensua is vohmtary and ~t~t, in order to obtain as complete a to~al count as possible, it may be necessary to use sex. ondary sources and administrative/records, which may not include all of.~he detailed information. The detailed statisticel results will be made available to tl{o Contractor, subject to limitations impo~ed by the need to protect confidentiality tad by such statistical requirements as dge/med necessary by the Bureau of the Ceasus~. The Government will also provide these statistical results to government yfficials and individuals upon written request; .afi~.d, insofar as the Government deems the results to be of sufficient public in, tere~t, make them generally available in publications of the Bureau of the Census. The Contractor shall accept as £mal the .dfficial population count tad other statistical results ~vhen provided by the Government. F. This agreement may be cnncoled~y/y the Contractor bofure enumeration begins. In the event~of cancellation of the agreement, the Government will be reimb.u~sed by the: Contractor for costs incurred or obligated prior t~the date of cancellation. Once the enumeration has cominCO, it will be~ carried to completion, the dale will be processed ~t~xdx reported. G. In the event a dispute ari~gs under or related to the terms of this Agreement, and before any lega'l,xa~ixon is taken, the Parties mutually agree to ~17e foram for alternate resolution of the dispute. FOR THE COIqTR~CTOR , FOR THE GOVERN~ (6) peymenM ~ the Department ot Labor under appl~caOla t,~eral wornors' compensanon ano unemp.~oymom t~nvu~s suw~,. In addition to ~e salary expenses to be paid directly by the Contractor to ail temporary emp~/~ees hired locally, the Contractor a~greea'to pay all other expenses related to the talcing of the special census ineludt{ng but not limited to (a) administrativ~xsud technical work performed by headquarters and regional persom~el; (b) efiumeration schedules and related materialxs~ (e) map preparation; (d) tabulation expenses; (e) the cos~ t Goverament employes's salary, allowanem for subsistence at the standard f~derol rat~ per day, other reasonable and necessary e~peas~, and overhead and other charges applicable to these costs; and ~ by ~he Government in completing the special population census. Based on a estimated cost for these setvi6es is $92,500. A payment of ths any work on the ceusus is peffni~, ed. The advance payment will be adjusted to actual as appropriate. This payment is 'fo.r Government costs referenced in this item and e the Contractor under item B.(3) al~.,ve. In accordance with B.(5), if actual cost~co~ the advance payment, is due 30 days from the dat~ of the invoi~. A late charge shall be imposed period or portion thereof during which the'r~emit~mce is due. to the current value of funds to the U.S. Treasury in accordsue \ Notwithstanding Contractor's dir~t and others hired locally to conduct the special eansus am ~ ,topicyeas that, absent negligence or malfeasanen on its p~% the Contractor shall not b~ Act or amounts owing due to inappropriate personnel action\ by \ The individual information collected by the field confidential pursuant to the provisions of Title 13, United Stst~s ratoread directly to tha authorized representative of the Government. papers relating to the special pepulatioa census am the property ~ available to, and examined by, Government officials and to $5,000 or imprisonment of up to 5 yesrs, or both. population of 62,900, the to the Government Mfom and billing or refand made dixectly payable by ~o the Government in full for each 30-day a perceatage rate equal fiscal requirements. , supervisory field peroonnel Accordingly, it is understcod br claims under the Federal Tort Claims population census questionnaires is strictly . nnd the qu~tionnaires shall be controlled by and such population census questioanaffes and all other Govermnent and under the law may only be made ,Unlawful disclosure subjeets employees to a fine of up The Government shall provide to the Contractor pee!al census at the earliest prscticablo date after completion of the enumeration and t,h~/proce~ing required to produc~ the statistical results. This count, which shall be as of the date of the special eansus, w~l[be provided in writing and signed by an appropriate Government official. / The Government will not guanmt~ delivery of th/t'u~l. count by any speeified date and shall not be held responsible for any loss or damages ~.ffered by the Contractor due~6 the data not b~ing available by a ~pecifin date. The Contractor accepts that response to a sperm! ceases is voluntary and t~t~t, in order to obtain as enmplet~ a to~al enunt as possible, it may be necassary use s da,',~ so~ and admlnistratiwfiecords, which ma not include all of%e detailed information. The detsiled to econ -~t '7 Y . x . . statistical results will be. made available to ~fe Contractor, subject to limitattain y the need to protect confidentmhty and by such statistical requirements as d~e~med necessary by the Bureau of th, The Government will also provide these statistical results to government ~fficials and individuals upon written n , insofar as the Government desms the results to be of sufficient public interest, make them generally available in s of the Bureau of the Census. The Contractor shall accept as final the , the Govermnent. Tins agreement may b~ canceled the Governraent will the enumeration the Contractor b~fore enumeration begins. the Contractor for costs incurred or obllgnt~l prior it will be carried to ~mplctien, the data will be procassed cancellation of the agreement, the date of cancellation. Once In the event a mutually agree FOR THE CONT A/TOR ~lated to the terms of this Agreement, )rum for alternat~ resolution of the dispute. the Parti~ FOR THE GOVERNMENT Associate D recgor Held OperAfAons Bureau of the Census SC-3 5125195 (a), ~ ~fhc Contractor shall pay, directly, field representstiws, supervisory field personnel, and others hired locally to' conduct the actual enumeration, at rsl~ of pay fixed by the Government. The compusatiaa of such field rvpresantstives, supervisory field personnel, and others shall I~ paid to them directly by the Conractar upon mppmvat by the designa~:d Goveznment employe~. The Contractor shall pay or withhold from the compe3zafion paid to the field represuntatives, supervisory field personnal, and others locally employed all amounts necessary for Social Security, fedseal, state, ~d local incom~ tax, continuation of pay, or other sum t~xiuired to be paid or withheld by federal, state, or local laws. The amount nocessury to cover the~e expnns~, not inch:ding workman's compensation and continuation of pay, is estimated to be $106,331. The Contractor agre~ that these funds will be available for disbursement upon approval of the dasignated Government employee. The Contractor shall reimburs~ the Government for all funds expended by the: Government resulting from paytaunts to the Departmnnt of I. mber under applicable Federal workers' compen~tion and unemployment benefits laws. in addition to the salary expenses to be paid directly by the Contractor to all tampentry employ~ hired locally, the Contractor agrees to pay all other expenses related to the taking of the special census including but not limited to (a) adminlstmtive and technlcel work performed by headqtumots and regional personnel; (b) anunlcration schedules and related materials; (c) map preparation; (d) tabulation expenses; (e) the cost of the designated Government employce's salary, allowances for subsistence at the standard federal rate per day, traveling expenses, other ressonabla and n~ry expenses, and ovcrhesd and other charges applicable to these costs; and (13 other incidental expenses iaeareed by the Government in completing the special population census. B~I on an estimate of the population of 62,900, the estimated cost for these services is $92,500. A payment of that amount shall be furnished to the Government before any work on the census is performed. The advance payment will be adjusted to actual costs and billing or refund made as appropriate. This payment is for Government costs roferenesd in this item and excludes those directly payable by the Contractor under item B.(3) above. ha accordance with B.(5), if actual cost exceeds the advance payment, the additional payment to the Government in full is due 30 days from the date of the invoice. A late charge shall be imposed on the overdue amount for each 30-day period or portion thereof during which the remittance is due. The late charge will be based on a percentage rate equal to the current value of funds to the U.S. Treasury in accordance with Treasury fiscal requirements. Notwithstanding Contrsctor's direct payment of compensation, all temporary field representsfives, supervisory field personnel ~nd others hired locally to conduct the speeiai census are employees of the Federal Government. Accordingly, it is understood that, absent negligence or malfeasance on its part, the Contractor shall not be liable for claims under the Federal Tort Claims Act or amounts owing due to inappropriate personnel actions by the Government. The individual information collected by the field representatives on the special population census quastioimaires is sidefly confidential pursuant to the provisions of Title 13, United Sta~ Code, and the questionnaires shill be controlled by and returned directly to the authorized representative of the Government. All such population census questionnaires and all other papers relating to the special population census am the property of the Government and under the law raay only be made available to, and examined by, Government officials and employees. Unlawful disclosure subjects employees to a fine of up to $5,000 or imprisonment of up to 5 years, or both. The Government shall provide to the Contractor tha official population count derived from the special census at tha carlie.st practicable date after completion of the enumeration and the processing required to produce the statistical results. This count, which shall be as of the date of the special census, will be provided in writing and signed by an appropriate Government official. The Government will not guarantee delivery of the final count by any specified date and shall not be held responsible for any Ion or damages suffered by the Contractor duc to the data not being available by a specifin date. The Contractor accepts that r~spoase to a special census is vnluatary and that, in order to obtain as complete a total count as possible, it may be necessary to use secondary sources and administrative records, which may not include all of the detailed information. The detailed statistical results will be made available to the Contractor. subject to limitations imposed by the need to protect confidentiality and by such statistical requirements as deemed necessary by the Bureau of the Census. The Government will also provide them statistical results to government officials and individuals upon written request; and, insofar as the Govermnent deems the results to be of sufficient public interest, make them generally available in publications of the Bureau of the Census. The Contractor shall accept as final the official population count and other statistical results when provided by the Government. This agreement may be canceled by the Contractor before enumeration begins. In the event of cancellation of tha agreement, the Government will be reimbursed by the Contractor for costs incurred or obligated prior to the data of cancellation. Once the esumerstion has commene. ed, it will be ¢m'ried to ~mplctioa, the dam will Ns procec~ and reported. In the event a dispute arises uuder or related to the terms of tkis Agreement, and before any legal action is taken, the Parties muteally agree to select a forum for sitemate easelutica of the dispute. FOR THE CONTRACTOR FOR THE GOVERNI'I t,11' In addition to the s~lary expenses to be p~id directly by the Contractor to ~11 t~mpor~ employees ~ locally, the Contractor agr~s to pay all other excuses r~lated to the Uddng of the special census including but not limited to (a) adminlstrativ~ and technical work pe~ormed by headqnnners aed regioaal perso--d; (b) enumemtinn sohedul~ and related matedils; (c) map p~eparation; (d) tabulation expenses; (e) the cost of the designated Government employes's salary, allowances for anbsisteaca at the standard federal rate per day, traveling expeusea, other reasonable and necessary esp~nses, and overhead and other charge~ applicable to tbes~ cam; and (f) other incidental expenses incurred by the Gamemeat ia completing the special population census. Based on ~ miraate of the population of 62,900,'the estimated cost for these services is $92,500. A payment of that amount shall I~ furnished to the Government before any work on the census is performed. The advance payment will be ~just~l to actoul costs and billing or refund made as appropriate. This payment is for Government costs refermeed in this item and axelades those directly payable by the Contractor under item B.(3) above. (6) In accordance with B.(5), if actual cost exceeds the adwmce paymeat, the additional payment to the Government in full is due 30 days from the date of the invoice. A late charge shall be imposed un the oval'due amount for each 30-day period or portion thereof during which the n~mittance is due. The la~e charge will be based on a percentage ~ate equal to the current value of funds to the ~J.$. Treasury in accordance with Treasury fiscal requirements. Notwithstanding Contrsctor's direct paymeat of earnper,atica, all t~mporary fidd representatives, supervisory fidd personnel and others hired locally to conduct the special census are employess of the Federal Government. Accordingly, it is understood that, absent negligenc~ or malfensanca on its part, the Contractor shall not be liable for claims under the Federal Tort Claims Act or amounts owing duo to inappropriat~ personnel actions by the Government. The individual infonnation collected by the field representatives on the special population cenans questionnaires is strictly confidential pursuant to the pmvislous of Title 13, United States Code, and the questionnaires shall be controlled by and returned directly to the anthoriz~ representative of the Government. All anch population census questionnaires and all other papers relating to the special population comus am the property of the Government and under the law may only be made available to, and examined by, Governmeet officials and employees. Unlawful disclosure subjects employees to a tiao of up to $5,000 or imprisonment of up to 5 yeats, or both. The Government shall provide to the Contractor the official population count derived from the special census at the earlie.st practicable date aRor completion of the anumerafioa nnd the processing required to produce the statistical results. This count, which shall be as of the date of the special census, will be provided in writing and signed by an appropfiats Government official. The Ooverntnent will not guamatce delivery of the flaal eonnt by any specified date sad shall not be held re.spoasible for any Io~s or damages suffered by the Contractor due to the data not being available by a specific date. The Contractor accepts that respease to a special census is voluntary sad that, in order to obtain as complete a total count as pea$iblo, it may be necessary to use secondary sources and administrative records, which may not iaclude all of the detailed information. The detailed statistical results will be made available to the Contractor, subject to limitstioas imposed by the need to protect confidentiality and by such statistical requirements as deemed necessary by the Bureau of the Census. The Government will also provide these statistical results to government officials and individuals upon written request; and, insofar as the Government deems the results to be of sufficient public interest, make them generally available in publications of the Bureau of the Census. The Contractor shall accept as final the official population count and other statistical results when provided by the Government. This agreement may b~ eunceled by the Contractor before enumeration begins. In the event of cancellation of the agreement, the Government will be ruimbumed by the Contractor for costs incurred or obligated prior to the date of cancellation. Once the enunmmfion has commenr, e.d, it will ~ carried to completion, ~o data will be proceded end reported. In the event a dispute arises under or rdated to the terms of this Agreement, and before any legal action is taken, the Parties mutually agree to sdect a forum for alternate resolution of the dispute. FOR THE CONTRACTOR FOR THE GOVERN~NT Associate Dtrector for Fteld Operations Bureau of the Census SC-3 5125195 CONTRACT NO. IOWA CITY, IOffA AND THE UNITED S~ATE$ OF ANERICA OEPART~EHT OF CO~HERCE BUREAU OF 'fl'iE cEHeus ~ . Agreemeat between~th¢ U~ed States of Amenca, Bureau of the Census, Detn~tntnt of Commerce, the Iowa Cid, Johnson County, Iowa ~, Or.~iaa~ refem:d to u ~, Con~ot}. · 1. The ContmetorL ~lu~d tim a special population canv~ b~ taken ~t~ authority of T~tle 13, United States Codes, Section 196. 2. Ser~n ~9~ ~f ~tlt ~`-~ ~utheriz~ th~ ~terttar~ ~f C~mm~c~.to take a ~d ~ f~r a ~ ~r ~ ~ove~t u~ paysrot of t~ actual or eatimatc~l cost. 3. The Conlvaclor is vailing to pay all cc~ of taking the ~,~chl census in¢lt, d~, but not limited to, appropriately furnished office quarters, total comlxa~on of all field eau .m~fion and aupat~mq petrunnel, onmpeasation of Conave Bureau headqtutm:ra and r~ional offic~ pa:rmmxel for time allocated to the apecid c¢w$, overhead for fieadquarters sad regional offices, processing of data, and all other ¢oata attfi~bhtablo to ~g the ~ cessna. 4. In taki~ the a-~lal ~asu$' the C~n~ract~r i$ dir~ly res~n~ibl~ fer rc~u~g'~eaing~ rec~mme~din~' and c~mpea~tMg all field petxonnel detetmh~ necessary by the Gortrnnlt~l for taking thotpo~l ctasus. Notwlthshmdieg the ContmctorJ$ :x~'ponsibility for t~cmitment and onmp~naatlon, such field iznr, onnel slall I~ and remain emp/oyee~ of the Government, subject to all approFfiat~ Fedend laws ~d ~nder its direct supervision. hll~ ~qtrd, the Government re~ree~ Oae right to reject !~men~ recommeaded by the Cont.~ctqr if such panens fail to uzc~ ~loymeot criteria. Aclmowledging the for~gohg, the I~rtie$ agro~ ~ follows: A. (1) The 6overnmtnt ~hall de.~ig~sto one or moro expedeac~d employes ~ dime the taking of the ~citl census. The designated Goveramant employee(s) shall ovet~e~ all aspects of~mmrstion includiag the hiring, Lraiulag, and septnation of field ~pmsontativca, field supe~isoty pa~onn~A, and ot~ t~patery personnel employed locally to teke the special popuhtion census. The deaig~tted Oovernm¢ot employ~s)slall exea:i~o day4o.-dey teclmical supaa'vision of theco employees. All such temperaO' ge~onael shah be Oovetam~lemployec~ aad n~ither the Contratrot nor any repretentatlgt of the Contractor ahall supatvise, exercise contM 0m o~' ia My oOm' way i~tedere vath such empIoye~a in the padonmace of their responsibilities. B. (1) The Contrasot ~ update mape of the pmtx~d ~easu~ a~a h ~ ~ ~cti~s pmvid~ by ~e Go~tnt. ~ Co~or ~1 p~ ~y ~fi~i~ of I~ ~ ~ ~o ~ ~ ~ ~ ~ui~ by ~o Gon~. ~ ~ ~H not ~ ~ul~ ~fil ~ ~fi~o~ have ~ ~1~ ~ ~ ~tis~ti~ of ~o Goye~t~. (3) ,~e Co~m~or ~U ~mit, ~, ~d ~md for e~l ~ci~t q~ifi~ ~pfi~m for fi~d ' ~afiv~, ~i~ field ~, ~d o~ ~fiom u my b ~ to ~mpl~o ~e ~i~ ~htion c~. E~lo~ ~1 ~ ~I~ for e~loy~t ~d ~ ~ ~r~ ~bfish~ by ~ ~O~t~ta, ~d ~1 ~e ~ oa~ or ~on ~ ~ui~ ~ pmmt ~ ~n~i~ of ~ ~fo~on ~11<t~ by ~em. ~ ~ort~nt ~ ~ right ~ ~j~ ~y ~ ~ b~ ~ Co~m~r if n~ ~ f~l ~ ~ ~ ~li~ ~ploy~t m~. ~ Co~m~er ~1 ~ ~b~ for ~1 ~s~five o~tio~ relating to ~ ~il¢~t ~d ~y~t of ~ e~loy~. ~ Cont~er~11 ~ compl~ with all appli~ble fMenl, ~ ~, ~d 1~ la~, Mcluding bu not li~ ~ to ~ ~g ~ ff~loy~t ~ y Act ~d ~e Fal~ ~r S~ Act appli~ble ~ ~ mploy~, ~ ~1 ~lm~ file ~y ~d ~1 ~ ~uir~ ~d~r, ~ ~m~ ~ ~v~t for ~o~ ~fio~ ~, ~11 ~ ~ ~ ~fim~ ~ B.(4). ~d e.(~. (4) (a) The Conlmc~or shaU pay, dlzo;tly, field ~;~fiv~, ~ field ~, ~ o~e~ ~ I~y ~ f~o~, ~, ~ ~ ~ ~, ~on of pay, or o~or ~ ~u~ ~ ~ ~d or ~d oy tm~, ~ of~y,~$1~,331. ~Co~or~~a~lofotO~.~n ~) ~ ~mr s~ ~b~ ~ ~t for ~ ~ ~d~,by &o Oove~t ~l~g from ~, ~ for ~ ~t ~ ~ f~o~ ~ ~ ~y, ~vo~ o~. o~r ~mblo ~d ~ Co~m~or ~der i~.(3) ~v~ ' (6) ...... ,., --x-- . . . ~3~ ~ du~ 30 &ys from &~ ~o 6~o mvox~. A ~ c~go s~ ~ ~ on ~ ov~ ~t for y ~ ~ ~t vd~ of ~ m ~x~.~. ~ ~ ~ ~ Tr~ ~ ~u~, , · ~' ' fi~ld ~vn ~ i~ field ~ o~on ~ l~y ~ ~ mo s~ ~ ~ o~loy~ of ~ F~ Oov~k A~mgly, zl ~ ~ ~l, ~t neglig~ or ~f~ ~ i~ ~, ~ Co~m~r ~nl! ~t ~ ~1o ~r c~ ~ ~o P~ ToR Clat~ ~o ~vid~l ~fo~g~ ~H~ by ~o field ~iv~ on ~ ~ ~on ~ qu~o~ is s~ctly ~nfid~ p~t m ~o pmv~iom of Ti~o 13, U~ S~ ~e, ~ ~e q~o~ ~1 ~ ~oH~ by ~d av~ablo ~, ~d ~.~i~ by, Gov~t o!cids *rid ~ioy~. U~a~I d~lo~m ~bj~ o~toy~ to u vldo ~ ~o Co~or ~ o~oi~ ul~ ~t ~dv~ from ~e ~i~ ~ at ~e ~li~t w~ ~ ~ ~ of ~o ~ of ~o ~i~ ~, ~1 ~ pmvtd~ m ~g ~ sl~m oy ~ appmpna~ ~ove~ o~c~. ~o ~o~t~e~ w~ n~ ~ defiv~ of &~ ~ ~ by my s~ifi~ ~ ~1 ~ ~ held ~iblc for ~y mu~r~ to ~ a fo~ for ~ ~lu~oa of ~o ~u~, FOR ~E CONTRACTOR / ._/_._.___ BY: BRY,4~TU£#TO# DATE: Associate Director for Field Operations Bureau of the Census SC-3 $~Z5/95 RESOLUTION NO. 95-207 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A LEASE EXTENSION AGREEMENT WITH SOUTHGATE DEVELOP- MENT COMPANY, INC. FOR THE U-SMASH-EM BUILDING PARKING LEASE. WHEREAS, the City of Iowa City, Iowa (Lessor) has leased a portion of the U-Smash-Em Building Parking area to Southgate Development Company, Inc. (Lessee) since 1986, which Lease expires on May 31, 1996; and WHEREAS, a Lease Extension Agreement has been negotiated through February 28, 1998, and extended at the prevailing parking permit rate for twenty (20) parking spaces, currently t~700 monthly; and WHEREAS, it is in the interest of the City of Iowa City to execute the attached Lease Extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF IOWA CITY, IOWA THAT: 1. The Lease Extension Agreement, attached hereto and made apart hereof, is approved as to both form and content. 2. The Mayor and City Clerk are hereby authorized to execute and attest the Lease, and the City Clerk is directed to furnish a copy thereof to any citizen requesting same. 3. The City Manager is hereby authorized to execute any subsequent extension, as provided in the attached Lease Extension Agreement. Passed and approved this 18th day of July , 1995, ATTEST: ~'~¢~ CITY-CLERK City Attorm ,'s Office finp~r ch\leaseexl.res It was moved by ie. ubb¥ and seconded by adopted, and upon roll call there were: Pigott AYES: NAYS: ABSENT: x x x X x the Resolution be Baker Horowitz Kubby Lehman Novick , Pigott Throgmorton LEASE EXTENSION AGREEMENT This Lease Extension Agreement is entered into this /O day of ~ , 1995, by the City of Iowa City, Iowa, as Lessor, and Southgate'DevelopmEnt Getnpany, Inc., as Lessee. RECITALS 1. Lessor and Lessee entered into a written lease dated January 28, 1986, in which Lessor has leased to Lessee certain premises described therein as the "U-Smash-Em" building parking located at 126 S. Gilbert Street in Iowa City, Iowa. 2. The term of the lease expires May 31, 1996. 3. Lessor and Lessee, under certain terms and conditions, wish to extend the Lease until February 28, 1998. TERMS AND CONDITIONS 1. The Lease shall be extended, subject to this Lease Extension Agreement, from May 31, 1996, through February 28, 1998, or as further extended by Lessor. 2. Upon the termination of this lease, Lessor shall offer to rent to Lessee twenty (20) parking spaces in the Chauncey Swan parking ramp at the then prevailing rate. 3. All provisions of the Lease not otherwise specifically modified by this Lease Extension Agreement shall remain in full force and effect during the extended lease term. LESSOR CiTY OF IOWA CITY, IOWA ~Susan M. Horowitz, Mayor Cit~, Attorn~'s Office finpu~ch~loasee xt.agt LESSEE SOUTHGATE DEVELOPMENT O~ INC. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this _~ day of J.z~..~ , A.D. 19 ~?.~., before me, the undersigned, a Notary Public in and fdr. J~e State of Iowa, personally appeared Mace Braverman, to me personally known, who, being by me duly sworn, did say that he is the President of SOUTHGATE DEVELOPMENT COMPANY, INC., said corporation executing the within and foregoing instrument, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed {and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said Mace Braverman, as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. Notary Public in and for t~tate of Icwa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis /<{.4L dayof ~1.~ ,19 ?5 ,beforeme, ~/~,F , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (~fdi~;~,cc~ (Resolution) No, ~-5 - Zo'7 passed by the City Council, on the I~'~-~4 day of ~ , 19 ~._% , and that Susan M. Horowitz and Marian K. Karr acknowledged thorexecution 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 LEASE EXTENSION AGREEMENT This reement is entered into this day of , 1995, by of'Iowa City, Iowa, as Lessor, and Southgate Development . Inc., as Lessee. RECITALS Lessor and Lessor has buildingl entered into a written lease dated Janua to Lessee certain premises described at 126 S. Gilbert Street in 1986, in which "U-Smash-Em" City, Iowa. 2. The term of the expires May 31, 1996. Lessor and Lessee February 28, 1998. r certain terms and wish to extend the Lease until ~MS AND CONI ONS 1. The Lease shall ect to 1996, through February 28, Extension Agreement, from May 31, extended by Lessor. Upon the termination of this leas parking spaces in the Chauncey shall offer to rent to Lessee twenty (20) ~n parking ramp at the then prevailing rate. All provisions of the Agreement shall remain in ' force specifically modified by this Lease Extension ~g the extended lease term. LESSOR CiTY OF IOWA CITY, LESSEE SOUTHGATE DEVELOPMENT COMPANY, INC. By: Susan M. ATTEST: Mayor lerk 7 ~/] --¢,.¢..- Office By: ~ Presic)~nt ATTEST: RESOLUTION NO. 95-208 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE TRANSIT DIVISION OF THE PARKING AND TRANSIT DEPARTMENT, WHEREAS, Resolution No. 95-50 adopted by the City Council on March 7, 1995, authorized permanent positions in the Transit Division for FY96; and WHEREAS, Council has directed the establishment of an east side bus route which requires the addition of a driver. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the budgeted positions in the Transit Division be amended by: 1. The addition of one part-time (.75) Mass Transit Operator, AFSCME paygrade 6. Passed and approved this 18th day of July ,1995. ATTEST: ~~ ~. ~ CITSZ-CLERK It was moved by Kubby and seconded by adopted, and upon roll call there were: A. 'oved Novick the Resolution be AYES: NAYS: ABSENT: x x X x x x x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-209 RESOLUTION ADOPTING A SUSSTANCE ASUSE POLICY AND A COMMER- CIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL WHEREAS, federal law mandates alcohol and controlled substance testing programs for commercial drivers be developed and substance abuse policies be adopted, and WHEREAS, the City of Iowa City employs drivers who are required to possess a commercial driver's license, and WHEREAS, the City of Iowa City is required to comply with federal regulations and it is in the best interests of the City to do so, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the City of Iowa City commercial driver's license substance abuse prevention program for drugs and alcohol and the City of Iowa City substance abuse policy be adopted. Passed and approved this 18th day of July , 1995. ATTEST: "~~ CITY-CLERK It was moved by Lehman and seconded by adopted, and upon roll call there were: Novick the Resolution be AYES: NAYS: ABSENT: x x x 'x X X . Baker Horowitz Kubby Lehman Novick Pigott Throgmorton THE CITY OF IOWA CITY Substance Abuse Policy 1.0 POLICY The City of Iowa City is dedicated to providing safe, dependable, and economical services to our citizens. City of Iowa City employees are our most valuable resource and it is our goal to provide a healthy, satisfying working environment which promotes personal opportunities for growth. In meeting these goals, it is our policy to {1) assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner; (2) create a workplace environment free from the adverse effects of drug abuse and alcohol misuse; (3) prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances; and (4) to encourage employees to seek profes- sional assistance any time personal problems, including alcohol or drug dependency, adversely affect their ability to perform their assigned duties. 2.0 PURPOSE The purpose of this policy is to assure worker fitness for duty and to protect our employees and the public from the risks posed by the misuse of drugs or alcohol and use of prohibited drugs. This policy is also intended to comply with all applicable Federal regulations governing workplace anti-drug and alcohol programs. 3.0 APPLICABILITY This policy applies to all City employees including volunteers, contract employees and contractors when they are on City property or when performing any City-related business. This policy applies to off-site lunch periods or breaks when an employee is scheduled to return to work. Substance Abuse Policy 5/26/95 Page 1 4.0 PROHIBITED SUBSTANCES "Prohibited substances~ addressed by this policy include the following: 4.1 Illegally Used Controlled Substances or Drugs Any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1300.11 through 1300.15. This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. 4.2 Legal Drugs The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to supervisory personnel and medical advice must be sought by the employee, as appropriate, before performing work-related duties. A legally prescribed drug means that individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. Legally prescribed drugs must be carried in their original container with a label which includes the patient's name, the name of the substance, quantity/amount to be taken, and the period of authorization. The misuse or abuse of legal drugs while performing City business is prohibited. 4.3 Alcohol City employees are prohibited from consuming alcoholic beverages and from possessing containers of alcoholic beverages with a broken seal while on City premises or on duty. Substance Abuse Policy Page 2 5/26/95 5.0 PROHIBITED CONDUCT 5.1 Manufacture, Trafficking, Possession, and Use City of Iowa City employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances on City premises, in City vehicles, in uniform, or while on city business. Employees who violate this provision will be subject to disciplinary action up to and including termination. Law enforcement shall be notified, as appropriate, where criminal activity is suspected. 5.2 Intoxication/Under the Influence Employees are expected and required to report to work on time in an appropriate mental and physical condition. Any employee who is reasonably suspected of being intoxicated, impaired, under the influence of a prohibited substance, or not fit for duty shall be relieved of job duties pending an investigation and verification of condition. Employees found to be under the influence of prohibited substances or employees who fail to pass a drug or alcohol test administered under federal regulations shall be removed from duty and subject to disciplinary action, up to and including termination. (See Commercial Driver's License Substance Abuse Program for details.) 5.3 Alcohol Use No employee should report for duty or remain on duty when his/her ability to perform assigned safety- sensitive functions is adversely affected by alcohol. No employee shall use alcohol while on duty, or during the hours that they are on call. Violation of these provisions is prohibited and subject to disciplinary action up to and including termination. 5.4 Treatment The City recognizes that drug dependency is an illness and a major health problem. The City also recognizes drug abuse as a potential health, safety and security problem. All employees are encouraged to make use of the Employee Assistance Program (EAP) for treatment for drug or alcohol misuse and illegal drug use problems. Under certain circumstances, employees may be required to undergo treatment for substance abuse or alcohol misuse. Any employee who refuses or fails to comply with City requirements for treatment, after care, or returo to duty shall be subject to disciplinary action, up to and including Substance Abuse Poltcy 5/26/95 Page 3 termination. Employees will be allowed to use accumulated sick leave and other accruals as appropriate to participate in a prescribed rehabilitation program. 5.5 Notifying the City of Criminal Drug Conviction The Drug Free Workplace Act of 1988 mandates that employees are required to notify the City of any criminal drug statute conviction for a violation occurring in the workplace or off City premises while conducting City business within five days after such conviction. The City will take appropriate disciplinan/ action and/or require the employee to participate in a rehabilitation program within 30 days of receiving notice of any conviction under a criminal drug statute. Failure to comply with this provision shall result in disciplinan/action, up to and including termination. 5.6 Proper Application of the Policy The City of Iowa City is dedicated to assuring fair and equitable application of this substance abuse policy. Supervisors are required to use and apply all aspects o[ this policy in an unbiased and impartial manner. Any supervisor who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action, up to and including termination. 6.0 PRE-EMPLOYMENT DRUG TESTING PROCEDURES 6.1 Pre-Employment Drug Testing All applicants for positions covered by Federal regulations governing workplace anti-drug and alcohol programs shall undergo urine drug testing following the offer of employment. Receipt by the City of a negative drug test result is required prior to employment. Failure of a pre-employment drug test will disqualify an applicant for employment for a period of one year. City employees not currently in a position covered by Federal regulations governing workplace anti-drug and alcohol programs who apply for a position covered by Federal regulations must pass a urine drug test following the offer of a transfer into a position covered by Federal regulations governing workplace anti- drug and alcohol programs. Substance Abuse Policy 5/2~/95 Page 4 7.0 CONSEQUENCES FOR POLICY VIOLATIONS Violations of this policy or failure to pass a drug or alcohol test administered under federal regular:ions will result in disciplinary action, up to and including termination. Substance Abuse Policy 5/26/9.5 Page 5 COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL 5/17/95 COMMERCIAL DRIVER'S LICENSE SUBSTANCE ABUSE PREVENTION PROGRAM FOR DRUGS AND ALCOHOL TABLE OF CONTENTS SECTIONS 1 2 3 4 5 6 7 8 9 10 11 12 Purpose and Construction ........................................ 1 Applicability ................................................ 1 Effect of Use, Refusal or Failure .................................. 1-2 Safety-Sensitive Function ........................................ 2 Prohibited Conduct ........................................... 2~3 Types of Drug Testing ......................................... 3-7 Drug Testing Procedures ............... Alcohol Testing Procedures .............. Information and Training ............... Employee Referral Evaluation and Treatment Recordkeeping .................... Access to Facilities and Records .......... ...................... 8-14 ..................... 14-21 ..................... 21-22 ..................... 22-23 ..................... 23-27 ..................... 27-28 APPENDICES A Employer's Substance Abuse Policy Employee Positions Subject to Drug Testing Under 49 CFR Part 382 (FHWA) C Employee Positions Subject to Drug Testing Under 49 CFR Parts 653 and 654 (FTA) D Personnel Subject to Training Under 49 CFR Part 382 (FHWA) E Personnel Subject to Training Under 49 CFR Parts 653 and 654 (FTA) F Breath Alcohol Testing Form 5/17/95 SECTION 1. PURPOSE AND CONSTRUCTION This document describes the City of Iowa City's Substance Abuse Prevention Program for certain personnel required to hold a Commercial Drivers License. The purpose of the program is to establish procedures for the administration of the Department of Transportation (DOT) substance abuse prevention program pursuant to the Commercial Driver's License Regulations, Code of Federal Regulations, Title 49 (49 CFR), Part 382. Part 382 requires employers to implement substance abuse prevention programs if they employ personnel who eperate commercial motor vehicles and who are required to have commercial drivers' licenses. SECTION 2. APPLICABILITY The City has employees who drive commercial motor vehicles and who are required to have a commercial drivers' license. Employees who use a commercial motor vehicle and who are required to have a Commercial Driver's License are subject to this program effective January 1, 1995. A list of positions subject to drug and alcohol testing is attached as Appendix B. Employees and prospective employees shall be tested in accordance with requirements of the Commerciel Driver's License Regulations, Code of Federal Regulations, Title 49 (49 CFR), Part 382 and Part 40. For the purposes of this program, commercial motor vehicles include: A motor vehicle with a gross combination rate of 26,001 or more pounds, including a towed unit with a gross weight of 10,000 pounds; or b. A motor vehicle designed to transport 16 or more passengers, including the driver; or A motor vehicle required to be placarded under regulation of hazardous materials (49 CFR Part 172, subpart F). The following categories of employees are exempt from the CDL drug and alcohol testing program. Mass transit employees subject to Federal Transit Authority drug and alcohol testing under 40 CFR Parts 653 and 654. These employees become subject to this policy on January 1, 1996 subject to the regulatory requirements of 49 CFR, Parts 653 and 654. A list of posi- tions subject to drug and alcohol testing under FTA Authority is attached as Appendix C. b. Drivers waived from having a CDL (e.g., fire fighters). In the event of a conflict between this program and the provisions of 49 CFR, Part 382 or Parts 653 and 654, the provisions of the federal regulations will prevail. SECTION 3. EFFECT OF USE, REFUSAL OR FAILURE Any job applicant applying for a position with the City who refuses or fails a pre-employment drug test will not be hired. No employee covered by this policy who has engaged in prohibited drug use will perform safety-sensitive functions. The City will immediately remove from performing safety-sensitive functions covered by the DOT safety standards in 49 CFR Part 382 or Parts 653 and 654, any employee covered by this program who refuses or fails an alcohol or drug test. Any employee covered by this program who rei~uses or fails an alcohol or drug test may receive disciplinary action, up to and including termination, in accordance with the substance abuse policy of the City (see Appendix A). Furthermore, the City or employee who violates these requirements may be subject to the penalties found at 49 U.S.C. 521(b), including: a. Employer 1. Civil penalties ranging from $500 to $10,000; and 2. Criminal penalties for knowing and willful violatirms with a maximum fine of $25,000 or imprisonment for up to one year, or both. b. Drivers with Commercial Drivers' Licenses 1. Civil penalties for knowing and willful violations ranging from $500 to $2,500; and 2. Criminal penalties with a maximum fine of $5,000 or imprisonment for up to 90 days, or both. SECTION 4. SAFETY-SENSITIVE FUNCTIONS The regulations governing safety-sensitive functions apply to all time an employee is required to be ready to work in or on a commercial motor vehicle as defined in Section 1.2 of this program. Safety- sensitive functions include: a. Waiting to be dispatched, unless the City has relieved the employee from duty; b. inspecting, servicing, or conditioning any commercial motor vehicle at any time; c. Driving time; d. Time in or on any commercial motor vehicle; e. Supervising, assisting, or attending the loading or unloading of a commercial motor vehicle, or remaining in readiness to operate the commercial motor vehicle; f. Repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle; g. Dispatching any commercial motor vehicle; SECTION 5. PROHIBITED CONDUCT 5.1 Prohibited Employee Conduct. Employees will not engage in the following conduct: a. Alcohol Concentration. Report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. b. Alcohol Possession. Be on duty or operate a commercial motor vehicle while pos- sessing alcohol. c. On-duty Use. Use alcohol while performing safety-sensitive functions. 2 5/17/95 d. Pre-dutv Use. Perform safety-sensitive functions within 4 hours after using alcohol. Post-accident Use. Use alcohol for 8 hours following an accident or until undergoing a post-accident test. Refuse to Test. Refuse to submit to an alcohol or drug test, except a pre-employment test. go Use drugs. Report for duty or remain on duty requiring the performance of safety- sensitive functions when the driver has used illegal drugs. Test Positive for Drugs. Report for duty, remain on duty, or perform a safety-function if tested positive for illegal drugs. Employees who engage in any of the preceding will be removed from safety-sensitive functions and referred to a substance abuse professional. 5.2 Prohibited Employer Conduct. The City, if having actual knowledge that an employee is engaging in any of the conduct listed above, will not allow the employee to drive or perform any other safety-sensitive function. 5.3 Other Alcohol Conduct. Other regulated conduct related to an employee's use of alcohol includes the following: An employee whose test results indicate an alcohol concentration of .02 or greater, but less than .04, will not be allowed to perform safety-sensitive functions until the start of the employee's next regularly scheduled duty period, but not less than 24 hours following the alcohol test. The City will not discipline an employee based solely on alcohol test results of less than .04. This does not bar the City from imposing other discipline as appropriate and lawful. SECTION 6. TYPES 01: TESTING Covered employees are subject to six types of drug and alcohol testing under tim substance abuse prevention program. 6.1 Pre-employment Testing. A pre-employment drug test will be conducted as follows: A pre-employment drug test will be conducted when an individual is hired for a position covered in this program. This requirement applies to both new employees and current employees who transfer to a safety-sensitive position within the City. b. Drug Specific Requirements: The City will not hire any individual unless the applicant has taken a drug test with a verified negative test result. The City will notify the applicant of the results of a drug test if the applicant requests the results within 60 calendar days of being notified of the City's decision regarding the applicant's employment application. 3 5/1 7/95 6.2 If the Medical Review Officer (MRO) cannot contact the applicant/employee to advise them of a positive test result, the Personnel Administrator will make reasonable efforts to contact and request each applicant/employee who submitted a specimen under the City's drug testing program to contact and discuss the results of the drug testing program with the MRO. The Personnel Administrator will also immediately notify the MRO that they have notified the applicant/employee to contact the MRO within 24 hours. Post-accident Testing. When an accident involving a commercial motor vehicle occurs, the City will require a drug and alcohol test on the operator who was performing safety sensitive functions with respect to the vehicle if the accident involved the loss of human life or if the employee received a ticket for a moving traffic violation arising from the accident. The employee(s) will be tested as follows: a. Drug Specific Requirements The employee will be tested as soon as practicable, but no later than 32 hours after the accident. Because certain drugs or drug metabolites do not remain in the body for extended periods of time, testing should be conduct- ed as soon as possible. If the drug test is not administered within 32 hours after the accident, the City will cease attempts to administer the drug test and will prepare and maintain records stating why the City did not admin- ister the tests promptly. All reasonable steps will be taken to obtain a urine sample from the employ- ee after an accident. In case of a conscious but hospitalized employee, the City will request a hospital or medical facility to obtain a urine sample and if necessary, reference will be made to the DOT drug testing requirements. If an employee is unconscious or otherwise unable to evidence consent to the procedure, the medical facility shall collect the sample. If an employee who is subject to post-accident testing is conscious, able to urinate normally (in the opinion of a medical professional} and refuses to be tested, that employee will be removed from duty as an employee covered by this policy. b. Alcohol Specific Requirements If the alcohol test is not administered within 2 hours post-accident the City will prepare and maintain on file a record stating the reasons. If the alcohol test is not administered within 8 hours post-accident the City will stop attempts to administer the test and will prepare and maintain a record stating the reason. An employee who is subject to post-accident drug and alcohol testing will remain readily available for such testing or may be deemed to have refused to submit to testing. However, the employee is allowed to get necessary emergency medical attention for injured people, or, if necessary, to leave the scene of an accident for the period necessary to obtain assistance in responding to the accident. The City will provide employees with necessary information, procedures and instruc- tions so that employees will be able to comply. 4 5/17/95 6.:3 ee The City may use drug and alcohol (breath or blood) test results taken by Federal, State, or local officials if such test results conform to applicable requirements and the City obtains the results. Random Testing. All employees subject to this program are subject to unannounced drug and alcohol testing based on random selection. Random testing will be conducted as follows: The City will ensure that random drug and alcohol tests are unannounced and spread reasonably throughout the calendar year. The City will calculate the number of employees subject to random drug and alcohol tests using a scientificallyvalid method of random selection. To assure that the selec- tion process is random, all employees covered by this program may be placed in a common selection pool or kept in separate selection pools based on the governing regulations. Drug Specific Requirement For drug testing, the number of employees to be tested will be equivalent to at least fifty percent (50%) of the selection pool every twelve (12) months. o Alcohol Specific Requirement For alcohol testing, the number of employees to be tested will be equivalent to at least twenty-five percent (25%) of the selection pool of employees every twelve (12) months. The percentage of employees to be tested for alcohol misuse can be adjusted by the FHWA or FTA Administrator to an amount between 10% and 50% of all drivers based on violation rates for the industry. All employees will be subject to random testingon each random testingdate and will have an equal chance of being tested each time selections are made. As a result of the random selection process, an employee may be tested more than once or not at all during the calendar year. de An employee selected for random drug or alcohol testing will proceed to the test site immediately. However, if the employee is performing a safety-sensitive function, the employee will stop performing the safety-sensitive function and will proceed to the test site as soon as possible. The random selection procedure will employ a computer-based random number generator that is matched with the social security number of each employee in the pool. The City will select a sufficient number of alternate employees for testing in each test period to ensure that testing is conducted at the required rate. Alternate employees will be tested in order of selection only if persons selected are unavailable for testing due to vacations, medical leave or travel requirements. g. Random testing will be spread reasonably throughout the year. 5/17~95 If an employee is subject to drug or alcohol testing under the testing rules of more than one DOT agency for the City, the employee will be subject to drug or alcohol testing at the minimum annual percentage rate established for the calendar year by the DOT agency regulating more than fifty percent (50%) of the employee's function. If the City is required to conduct random drug or alcohol testing under the testing rules of more than one DOT agency the City may: Establish separate pools for random selection, with each pool having the DOT covered employees who are subject to testing at the same required minimum annual percentage rate; or Administer drug or alcohol tests to the highest minimum annual percentage rate to which the City is subject. j. Alcohol Specific Requirement The City will administer a random alcohol test to an employee only just before, while, or just after the employee performs a safety-sensitive function. 6.4 Reasonable Suspicion Testing. When the City has reasonable suspicion to believe that an employee covered by this program is using a prohibited drug, or is using alcohol in a prohibited manner, the City will require the employee to take a drug or alcohol test (which- ever is appropriate) as follows: A decision to test must be based on specific contemporaneous, describable observa- tions concerning the appearance, behavior, speech or body/breath odors of the employee. The required observations for reasonable suspicion drug or alcohol testing must be made by a trained supervisor or a trained City official. The City will make a written record within 24 hours of the observations leading to a reasonable suspicion test or before the results of the test are released, whichever is earlier. The supervisor or City official who made the observations must sign this record. d. Alcohol Specific Requirements The person who makes the determination that reasonable suspicion exists to conduct an alcohol test may not conduct the alcohol test. The observations must be made just before, while, or just after the employee performs safety-sensitive functions. If the test is not administered within 2 hours following the supervisor's observation and determination that a reasonable suspicion of alcohol viola- tions exists, the City will prepare and maintain on file a record stating the reasons. If the alcohol test is not administered within 8 hours the City will stop attempts to administer the test and will prepare and maintain a record stating the reason. 5/17/95 The City will not permit an employee to perform or continue to perform safety-sensitive functions if the C'ty has a reasonable suspicion the employee is using alcohol in a prohibited manner until: (a) An alcohol test shows the employee's alcohol concentration as less than .02; or (b) 24 hours have elapsed following the determination of reasonable suspicion. Other than requiring an employee to take an alcohol test, the Commercial Driver's License regulation (49 CFR Part 382) does not authorize the City to take any action against the employee based solely on the driver's behavior and appearance with respect to alcohol use until the employee takes, or refuses to take, an alcohol test. This does not bar the City from imposing other discipline as appropriate and lawful. 6,5 Return to Duty Testing. Any employee who has engaged in prohibited drug or alcohol use must undergo a drug or alcohol test before returning to duty requiring the performance of safety-sensitive functions. The drug test must indicate a verified negative result for drug use. The alcohol test must indicate an alcohol concentration of less than .02 immediately prior to performing safety-sensitive functions. 6.6 Follow-up Testing. An employee returned to duty in accordance with subsection 6.5 is subject to follow-up testing: Following a determination by a substance abuse professional that an employee needs assistance in resolving drug or alcohol abuse problems, the City will administer unannounced follow-up drug or alcohol testing as directed by a substance abuse professional. At least 6 tests are required in the first 12 months following the em- ployee's return to duty. The substance abuse professional may require the employee to undergo additional controlled substances and alcohol testing for up to 60 months. The City will conduct follow-up alcohol testing only just before, while, or just after the employee performs safety-sensitive functions. SECTION 7, DRUG TESTING PROCEDURES 7.1 General Guidelines. The drug testing portion of these procedures will be administered by the Employee Assistance Program (RAP). The RAP will act as an authorized agent for the City. The EAP will contract for laboratory and medical review officer (MRO) services on behalf of the City. The following testing procedures will be followed in conducting tests under this program: Drug testing will be performed utilizing urine samples. A split sample method of collection will be used. Tests for marijuana, cocaine, opiates, amphetamines and phencyclidine will be per- formed. An applicant who is offered a position covered by this policy will be required to report to MECCA within 48 hours of notification and provide a specimen of his/her urine. 7 5/17/95 Upon notification that a drug test is required, an employee will report immediately to MECCA, and provide a specimen of his/her urine. Since delay in reporting to the site after notification can adversely affect the test results, the time allowed for em- ployees to report for drug testing after receiving notice will be travel time. In the event of post-accident testing, employees will report to MECCA as soon as possible, but no later than 32 hours after an accident has occurred. Split Specimen Samples A split sample of at least 45 ml of urine will be collected. Thirty ml will be collected for the primary sample and 15 ml for the split sample. Ira 60 ml collection container or single specimen bottle is used, the collection site personnel will divide the speci- men into two specimen bottles in the presence of the donor. Both bottles will be shipped in a single shipping container, together with copies 1, 2, and the split specimen copy of the chain of custody form, to the laboratory. If the test result of the primary specimen is positive, the MRO will, if requested by the employee within 72 hours after being notified of the test result, direct a different DHHS-certified laboratory to test the split specimen. The result of the second test will be provided to the MRO. If the result of the second test fails to confirm the drugs found in the primary sample, the test will be cancelled. A cancelled test is neither a positive nor a negative test. Privacy Unless there is a reason to believe that a particular individual may alter or substitute the specimen, procedures for collecting urine specimens will allow individual privacy. Whenever possible a higher-level supervisor of the collection site person, or a designated employer representative will review and agree in advance of any decision to obtain a specimen under the direct observation of a same gender collection site person. The following circumstances are the only grounds for a reason to believe the individ- ual may tamper with a specimen and justify the use of monitoring procedures or direct observation of the donation of the urine specimen: The specimen falls outside the normal temperature range and the employee either declines to allow a measurement of oral body temperature or oral body temperature varies by more than 1.8 degrees Fahrenheit from the specimen temperature. The last urine specimen provided by the employee was determined by the lab to have a specific gravity of less than 1.00 and a creatinine concentra- tion below .2g/L. Tile collection site person observes conduct clearly and unequivocally indi- cating an attempt to substitute or adulterate the sample. o In the case of follow up testing, the employee has previously been deter- mined to have used a controlled substance without medical authorization. 8 5/17/95 7.2 The employee may not be required to waive liability w th respect to negligence the part of any person participating in the collect on, handling or analysis of the specimen or to indemnify any person for the negligence of others. If the employee refuses to cooperate with the collection process, the collection site person will inform the Personnel Administrator and will document the non-coopera- tion on the drug testing custody and control form. Samples that yield positive results and are confirmed positive by a second test must be retained by the laboratory in properly secured, long-term, frozen storage for at least one year. Within this one-year period, the employee or the employee's repre- sentative, the employer, or the authorized federal or state agencies may request that the laboratory retain the sample for an additional period. If, within the one-year period, the laboratory has not received a proper written request to retain the sample for a further reasonable period specified in the request, the sample may be discarded. Since some analytes may deteriorate during storage, detected levels of the drug below the detection limits established in the DOT Procedures, but equal to or greater than the established sensitivity of the assay, must, as technically appropriate, be reported and considered corroborative of the original positive results. The collection agency shall adhere to all requirements outlined in 49 CFR Part 40, Procedures for Transportation Work~lace Drug Testin~ Pro,ram. Collection Agencies (For Urine Specimens). In order to provide maximum convenience to employees, the program will utilize the services of EAP, a division of MECCA, 430 Southgate Ave., Iowa City, IA. The EAP will comply with all methods and procedures of 49 CFR Part 40 and will provide required reports. The City and EAP will develop and maintain a procedure for collection, shipment, and access to urine specimens which will include at a minimum: Use of a standard drug testing custody and control form which identifies data on the donor and on the specimen collection and transfer process. Use of a clean, split specimen bottle that is securely wrapped until filled with the specimen. The bottle will only be unwrapped immediately before being given to the employee and in the presence of the employee to be tested. c. Use of a tamper proof sealing for the specimen bottle. d. Use of a shipping container that will prevent undetected tampering. Written procedures and instructions including: emphasis that the collection site person is responsible for maintaining the integrity of the specimen collection and transfer; carefully ensuring/:he privacy of tile donor; avoiding any conduct or remark by the collection site person that might be understood as accusations or which are offensive or inappropriate. Ifacollection must be monitored by non-medical person- nel, or is directly observed, the collection site person will be of the same gender as the employee giving the sample. 9 5/17/95 7.3 Medical Review Officer (MRO). The MRO for this policy is: National Medical Review Offices, Inc. 5750 Wilshire Blvd. Suite 275 Los Angeles, Ca 90036 A list of the MRO's duties can be found at 49 CFR sections 382.407, 382.408, 653.7 and Part 40 of the federal regulations. Those duties include: a. Notifications to the Employer The MRO may report to the employer m any manner, but must forward a signed written notification within three business days of completion of the medical officer's review. The report shall include: 1. Indication that the drug test met the requirements of Part 40 drug testing procedures; 2. The name of the person tested; 3. The type of test; 4. The date and location of the specimen collection; 5. The identity of the MRO and the person performing collection and analysis; 6. The verified results of the drug test and, if positive, the identity of the drugs testing positive; and 7. The fact that the MRO made reasonable efforts to contact the person tested. Recordkeeping The MRO will keep the following records: 1. Positive drug test results for five years. 2. Negative and canceled drug test results for one year. Confidentiality The MRO cannot release individual drug test results without first obtaining a specific, written authorization from the person tested. Medical Review Duties The MRO is responsible for the following: 1. Review the results of drug testing before they are reported to the City. 10 5/17/95 o Review the chain of custody to ensure that it is complete and sufficient on its face. Review and interpret each confirmed positive test result as follows to deter- mine if there is an alternative medical explanation for the confirmed positive result: Conduct a medical interview with the person tested. Review the person's medical history, or any other relevant biomedical factors. (c) Review all medical records made available by the person tested to determine if a confirmed positive test resulted from legally prescribed medication. (d) Verify that the laboratory report and assessment are correct. If the MRO concludes there is a legitimate medical explanation, other than prohibited drug use, for a confirmed positive result the MRO will declare the test to be negative. Contact the tested person directly, on a confidential basis, to determine whether the person wishes to discuss the test result. If, after making all reasonable efforts and documenting them, the MRO is unable to reach the person directly, the MRO will contact the Personnel Administrator who will direct the person to contact the MRO as soon as possible. The MRO will not disclose to any third party any medical information provided by the person tested, except the MRO may disclose such informa- tion to the City, a DOT agency or a physician responsible for determining the medical qualification of the person under an applicable DOT agency regulation only if: (a) An applicable DOT regulation permits or requires such disclosure; or (b) In the MRO's reasonable judgment, the information could result in the person being determined to be medically unqualified under an applicable DOT agency rule; or (c) In the MRO's reasonable judgment, the information indicates that continued performance by the person of a safety-sensitive function could pose a significant safety risk. Before obtaining medical information from the person tested as part of the verification process, the MRO will inform the person that information may be disclosed to third parties and the identity of any parties to whom the information may be disclosed. The MRO may verify a test as positive without direct communication with the person tested if the person expressly declines the opportunity to discuss the test or if the Personnel Administrator has made and documented a contact with the person and more than five days have passed without the MRO receiving any communication from the person. If such a verification occurs, the person may present the MRO information documenting un- avoidable circumstances which prevented the person from timely contacting the MRO. Based on this information, the MRO may reopen the verification. 11 5/17/95 7.4 10. 11. Following the verification of a positive test result, the MRO will, as provided in the City's policy, refer the case to the City's employee assistance program and to the Personnel Administrator. Before the MRO verifies a confirmed positive result for opiates, the MRO will determine if there is clinical evidence, in addition to the urine test, of unauthorized use of any opium, opiate, or opium derivative. The MRO will notify each person tested who has a confirmed positive test that the person has 72 hours in which to request an analysis of the second sample at the person's expense. However, if the second sample tests nega- tive, the City will bear the cost of the analysis. If the person makes such a request, the MRO will order, in writing, an analysis of the second sample. 12. If the MRO questions the accuracy of any test result, the MRO may require that the original specimen be reanalyzed. 13. The MRO shall determine whether and when an employee who refused to take or did not pass a drug test administered under DOT procedures may be returned to duty following a positive test. 14. The MRO shall determine a schedule of unannounced testing in consulta- tion with the City for an employee who has returned to duty following a positive test. 15. Ensure that an employee has been drug tested in accordance with DOT procedures before the employee returns to duty following a positive test. Testing Laboratory. The testing laboratory for this program is: Med Express National Laboral Center, inc. 4022 Willow Lk. Blvd. Memphis, TN 38100 The testing laboratory will comply with all methods and procedures of 49 CFR Part 40 and wiJl provide annual reports to the City showing compliance. In the event that the designated laboratory is unable to satisfactorily perform services required under this program, the City will designate an alternative laboratory. The City or its agent will have a written contract with the laboratory which will require the laboratory to: 1. Maintain employee test records in confidence; and Disclose information related to a positive drug test to the person tested, the City, or the decision maker in a lawsuit or other proceeding initiated by or on behalf of the person and arising from a certified positive drug test. 12 5/17/95 Drug testing laboratories must be secure at all times and must restrict access to specifically authorized individuals whose authorization is documented. Documenta- tion of individuals accessing drug testing areas, dates, and time and purpose of entry will be maintained. c. Reporting Results The laboratory will report test results to the MRO. Before any test result is reported, it will be reviewed and the test will be certified as an accurate report by the individual conducting the test. Only confirmed positive specimens will be reported positive for a specific drug. The laboratory may transmit results to the MRO by various electronic means so long as they are designed to ensure confidentiality by limiting access to the transmission. Results may not be provided orally by telephone. The laboratory will provide a monthly statistical summary of urinalysis testing for the City. This analysis will not include any identifying informa- tion so that it is not likely that information about an individual's tests can be inferred. This summary will be delivered by registered or certified mail not more than 14 calendar days after the end of the month covered by the summary. d. Quality Assurance and Quality Control All drug testing laboratories must have quality assurance and control proce- dures to monitor each step of the drug testing process. As part of the quality control process the City will submit blind samples. The City will submit three blind performance test specimens for each 100 employee specimens it submits for testing, up to a maximum of 100 blind performance test spe- cimens per quarter. The City will maintain documentation showing the number of blind sam- ples sent to the laboratory and the total number of samples submitted to the laboratory. e. Individual Access to Test and Laboratory Certification Results Any employee who has undergone a drug test will, upon making a written request, have access to any records relating to the employee's drug test and any records relating to the results of any relevant certification, review, or revocation of certifica- tion proceedings. SECTION 8. ALCOHOL TESTING PROCEDURES 13.1 General Requirements, The alcohol testing portion of these procedures will be administered by the Employee Assistance Program (EAP). The EAP will act as an authorized agent for the City and will provide testing services and certified Breath Alcohol Technicians (BAT). The general requirements for alcohol testing under this program are as follows: a. Alcohol testing will be performed using breath samples. 13 5/17/95 8.2 8.3 An applicant who is offered a position covered by this policy will be required to report for alcohol testing within 48 hours of notification and provide a breath speci- men. c. Upon notification that an alcohol test is required, an employee will report for alcohol testing and provide a breath specimen. Since delay in reporting after notification can adversely affect the outcome of a test result, the ti me allowed for employees to report for alcohol testing after receiving notice will be travel time. d. The party conducting alcohol tests will adhere to all requirements outlined in 49 CFR Part 40, Procedures for Transportation Workplace Alcohol Testin~ Program. Testing Sites (for alcohol breath tests). In order to provide maximum convenience to employees, the program will utilize the services of EAP, 430 Southgate Ave., Iowa City, IA. The following shall apply to alcohol testing sites used in this program: a. The testing location must provide the employee being tested with privacy sufficient to prevent unauthorized people from seeing or hearing test results. b. Access to the testing location will be limited to authorized people when the EBT is not in a secure place or, when testing is being conducted. c. The only time a test will be conducted outside of the selected testing site will be when it is essential to perform the test at the scene of an accident. The City will provide the employee with the greatest privacy possible under such circumstances in an effort to prevent unauthorized people from seeing or hearing test results. Screening Tests. Alcohol screening tests will be conducted in accordance with the following procedures: a4 Only evidential breath testing devices (EBTs) will be used. A log book will be main- tained for each EBT which does not meet the requirements of an EBT used for confir- mation test. The Breath Alcohol Technician (BAT) and the employee will complete sections one and two, respectively, of the Breath Alcohol Testing Form found in Appendix F. If the employee refuses to sign this certification, the employee will be considered to have refused to take the alcohol test. An individually-sealed mouthpiece will be opened in front of the employee and the BAT and will be attached to the EBT. The BAT will tell the employee to blow forcefully into the mouth piece for at least 6 seconds or until the EBT indicates that an adequate amount of breath has been obtained. If the result of the test is an alcohol concentration of less than .02, the BAT will date and sign the certification in Step 3 of the Breath Alcohol Testing Form. The driver will sign the certification and fill in the date in Step 4 of the form. If the driver does not sign Step 4 of the form, the BAT will note such failure in the "Remarks" section of the form. The driver's failure to sign Ster) 4 of the form does not constitute a refusal to be tested. 14 5/17/95 8.4 If a test result printed by the EB-I' does not match the result displayed on the EBT, the BAT will note the difference in the "Remarks" section of the Breath Alcohol Testing Form. Both the driver and the BAT will initial the notation. In such a case, the test is invalid and the BAT will inform the City and the employee that the test is invalid. An invalid test is neither a positive nor a negative test. If the test result is an alcohol concentration of less than .02, no further testing is authorized for that particular test session. The Breath Alcohol Technician will transmit the results to the City in a confidential manner and the City will store the test results. Confirmation Tests. If the result of the initial test is an alcohol concentration of .02 or greater, another alcohol test will be completed to confirm the results. All EBTs used for confirmation tests must be capable of providing a printed result in triplicate and assigning a unique sequential number to each test. The confirmation test will be administered as follows: a. Waiting Period The BAT will wait at least 15 minutes, but no longer than 20 minutes, after the completion of the initial test before administering the confirmation test. The BAT will instruct the employee not to eat, drink, put any object or substance in his or her mouth, and not to belch during the waiting period before the confirmation test. The BAT will explain to the employee that the reason for the waiting period and the restrictions on the employee's activities during that time is for the employee's benefit to prevent any accumulation of mouth alcohol leading to an artificially high reading. The BAT will also explain to the employee that the test will be conducted at the end of the waiting period, even if the employee has disregarded the instruction regarding the limitation of activities during the waiting period. If the BAT becomes aware that the employee has not complied with the waiting period instruction, the BAT will so note in the "Remarks" section of the Breath Alcohol Testing Form. If a BAT other than the one who conducted the initial test is conducting the confir- mation test, the new BAT will use a new Breath Alcohol Testing Form and will require the employee to complete the appropriate sections both before and after testing. A new mouthpiece will be used for the confirmation test and the same procedures will be used for administering the test as were used in administering the initial test. The BAT will ensure that the EBT registers 0.00 on an air blank before administering the confirmation test. If the reading is greater than 0.00, testing will not proceed using that instrument. However, testing may proceed on another instrument. If the initial and confirmation test results are not the same, the confirmation test result is considered to be the final result upon which any action in regard to the employee will be based. 15 5/17~95 8.5 Problems With Testing. The following is a list of procedures to be followed in the event of testing problems: a. Refusals to test and uncompleted tests Refusal by an employee to complete and sign the Breath Alcohol Testing Form Step 2, to provide an adequate amount of breath, or otherwise to cooperate with the testing process in a way that prevents the completion of the test, will be noted by the BAT in the "Remarks" section of the Breath Alcohol Testing Form. The BAT will end the testing process and will imme- diately notify the City. If a screening or confirmation test cannot be completed, or if an event occurs that would invalidate the test, the BAT will, if practicable, begin a new test using a new Breath Alcohol Testing Form. Inability of Employee to provide an adequate amount of breath If an employee claims an inability, because of a medical condition, to provide an amount of breath sufficient to complete a breath test, the following procedures will be followed: 1. Breath Alcohol Technician (a) The BAT will tell the employee to try to provide an adequate amount of breath. ff the employee refuses to make the attempt, the BAT will immediately inform the City. (b) If the employee attempts and fails to provide an adequate amount of breath, the BAT will so note in the "Remarks" section of the Breath Alcohol Testing Form and immediately inform the City. 2. Employer (a) The City will tell the employee to obtain, as soon as practical after the attempted provision of breath, an evaluation from a licensed physician concerning the ernpioyee's medical ability to provide an adequate amount of breath. (b) If the physician determines as a reasonable medical judgment that a medical condition has prevented the employee from providing an adequate amount of breath, the employee's failure to provide an adequate amount of breath will not be considered a refusal to take the test. (c) If the physician is unable to determine that a medical condition has prevented the employee from providing an adequate amount of breath, the employee's failure to provide an adequate amount of breath will be considered a refusal to take the test. 5/17/'95 8,6 (d) The physician will provide the employer a written statement of the basis for the physician's conclusion. c. Invalid Tests A breath alcohol test will be invalid under the following circumstances: The next external calibration check of an EBT shows that the machine is inaccurate. In this event, eve~/test result of .02 or greater obtained on the device since the last valid external calibration check will be invalidated. The BAT does not obse~'e the minimum 15-minute wait period prior to performing a confirmation test. 3. The BAT does not perform an air blank of the EBT before a confirmation test, or an air blank does not result in a reading of 0.00 prior to or after the administration of the test. 4. The BAT does not sign the Breath Alcohol Testing Form as required. The employee fails to sign the Breath Alcohol Testing Form or refuses to sign the form following the recording on or attachment to the form of the test results and the BAT does not note the refusal or failure on the "Re- marks" section of the form. The EBT fails to print a confirmation test result. There is a difference between the sequential test number or alcohol test result displayed on the EBT and the sequential test number or alcohol test result on the printed result. Breath Alcohol Technician (BA'D. The following shall apply to BATs under this program: a. Training The BAT must be trained to proficiency in the operation of the EBT used and in the alcohol test!ng procedures of 49 CFR Part 40. Proficiency is demonstrated by successful completion of a course which provides training in EBT methodology, operati on, and calibration checks; the fundamentals of breath analysis for alcohol content; and the procedures re- quired for obtaining a breath sample, and interpreting and recording EBT results. Courses must be equivalent to a DOT model course as determined by the National Highway Traffic Safety Administration (NHTSA). NHTSA will review a BAT instruction course for equivalency. The course must provide documentation that the BAT has demonstrated competence in the operation of the specific EBT(s) to be used. Any BAT who will perform an external calibration check of an EBT will be trained to proficiency in conducting the check on the particular model of 17 5/17/95 EBT, to include practical experience and demonstrated competence in preparing the breath alcohol simulator or alcohol standard, and in mainte- nance and calibration of the EBTo The BAT must receive additional training as needed to ensure proficiency concerning new or additional devices or changes in technology that the BAT will use. Parties Who May Act as a BAT Generally the direct supervisor of an employee may not act as BAT for that employee's alcohol test. However, a BAT-qualified supervisor of an em- ployee may conduct the alcohol test for that employee if, and only if, another BAT is unavailable to perform the test in a timely manner. Law enforcement officers certified by state or local governments to conduct breath alcohol tests are deemed to be qualified as BATs. Such officers must be certified to use the EBT that is used for the test to qualify under DOT alcohol testing requirements. Co The BAT will not leave the alcohol testing location while the testing procedure is in progress. The BAT will require the employee to provide positive identification when the employee enters the alcohol testing location. Positive identification will be through the use of a photo I.D. card or identification by a City representative. The BAT will provide the employee with positive identification if the employee makes such a request. The BAT will explain the testing procedure to the employee before starting the testing process. If the EBT provides a printed result, but does not print the results directly onto the Breath Alcohol Testing Form, the BAT will show the employee the result displayed on the EBT. The BAT will then affix the test result printout to the Breath Alcohol Test Form using a method that will provide clear evidence if tampering occurs. if the EBT prints the test results directly onto the Breath Alcohol Testir. g Form, the BAT will show the employee the result displayed on the EBT. i. Reporting of test results to the City. The BAT will transmit all test results to the Personnel Administrator in a confidential manner. If the results require the City to prevent the employee from performing a safety-sensitive function the BAT will ensure the results are transmitted immediately. 3. Such transmission may be in writing, in person, by phone or electronically. 18 5/17/95 8.7 8.8 o If the initial transmission of test results is not in writing, the BAT will follow the initial transmission by providing the City with a copy of the Breath Alcohol Testing Form. Employer Responsibilities. The City's and/or its agent's responsibilities in conducting alcohol testing under this program include: a. Breath Alcohol Testing form The City will ensure that the BAT uses the three-part form required by federal regulations. o The parts of the form are as follows: Copy 1 (white) will be kept by the BAT; Copy 2 (green) will be given to the employee; Copy 3 (blue) will be transmitted to the City for recordkeeping. The City will designate one or more employer representatives for the purpose of re- ceiving and handling alcohol testing results in a confidential manner. All communica- tions by BATs concerning alcohol test results will be to a designated employer representative. This representative will ordinarily be the Personnel Administrator. In the absence of the Personnel Administrator, test results may be transmitted to the Personnel Generalist or the Assistant City Manager. If test results are reported in any way other than writing, the City will verify the identity of the BAT. The City will establish documentation of the training and proficiency of each BAT used to test employees. The City will comply with the NHTSA-approved quality assurance plan for each EBT used for alcohol testing including: ensuring that external calibration checks of each EBT are performed as re- quired; taking an EBT out of service if any external calibration check results in a reading outside tolerance levels; ensuring that inspection, maintenance and calibration of each EBT are per- formed by appropriate parties; ensuring that each BAT who performs an external calibration check is qualified to do so; and storing the EBT in a secure space when it is not in use at a testing site. Alcohol Testing Devices. The following shall apply to alcohol testing devices used by the City or its agent to administer this program: The City will use only Evidential Breath Testing devices (EBT) that meet the following requirements: 19 5/17/95 1. Initial Tests The BAT may use a device that meets the regulatory requirements for a confirmation device. If the BAT uses initial testing devices for screening tests that do not meet the regulatory requirements for confirmation EBTs, the City will: (a) Use a log book for each test performed with such a device. Log books must relate only to one device and cannot be used in con- junction with any other device. The log book must include the fol- lowing columns: (1) (2) (3) (4) (5) (6) the test number; date of the test; name of the BAT; location of the test; quantified test result; and initials of the employee taking each test. (b) Ensure that the BAT and the employee complete the following steps: (1) (2) (3) (4) The BAT will show the employee the result displayed on the EBT. The BAT will record the displayed result, test number, testing device, serial number of the testing device, time and quanti- fied result on the Alcohol Testing Form. The BAT will complete the log book. The employee will initial the log book entry. Confirmation Tests The EBT used for confirmation alcohol tests must meet the following re- quirements: (a) The EBT will have the capability of providing a printed result in tripli- cate of each breath test and associated identifying information. (b) The EBT will be capable of assigning a unique and sequential number to each completed test, with the number capable of being read by the BAT and the employee before each test and being printed out on each copy of the test result. (c) The EBT will be capable of printing out on each copy of the test result the manufacturer's name for the device, the device's serial number, and the time of the test. (d) The EBT will be able to distinguish alcohol from acetone at the .02 alcohol concentration level. (e) The EBT will be capable of testing air blanks prior to each collection of breath and performing an external calibration check. 20 5/~ 7195 SECTION 9. INFORMATION AND TRAINING 9.1 Education. Every employee covered by this program will receive the following drug and alcohol use education prior to the start of testing: a. Person available to answer questions about the materials: Employee Assistance Program b. Categories of drivers subject to testing: See CDL Program Appendix c. Description of safety-sensitive positions: See Job Description d. Specific information on conduct which is prohibited: See Substance Abuse Policy and Commercial Driver's License Program e. Circumstances when employees will be tested: See CDL Program f. Testing procedures to protect the employee and integrity of testing process: See CDL Program g. Requirement that testing is required: See CDL Program h. Explanation of refusal to submit to testing and the consequences: See CDL Program i. Consequences of engaging in prohibited conduct: See Substance Abuse Policy and CDL Program j. Consequences of alcohol concentration of 0.02 or greater, but less than 0.04: See CDL Program k. Information on effects of substance abuse on an individual's health, work, and per- sonal life; signs of a substance abuse problem; and available methods of intervening when a problem is suspected: See Handouts This program will be made available to each employee and displayed in the work area. Drug or alcohol counseling and/or rehabilitation is available through the EAP, and information about such assistance will be displayed in the work area and given to each employee. 9.2 Training. Every supervisor covered by this policy who will determine whether an employee must submit to a reasonable suspicion drug or alcohol test will receive at least two hours of training annually on the specific, contemporaneous physical, behavioral, speech, and performance indicators of probable drug or alcohol abuse. One hour will cover alcohol misuse and one hour will relate to drug use. A list of each management or supervisory position which will be subject to training is attached as Appendix E. 21 5/17/95 SECTION 10. EMPLOYEE REFERRAL, EVALUATION AND TREATMENT 10.1 Employees Engaged In Prohibited Drug Use. An employee who has engaged in prohibited conduct (See section 5) will be: a. Immediately removed from the performance of safety-sensitive functions; bJ Advised by the City of resources available to the employee in evaluating and resolv- ing drug or alcohol abuse problems including name, address, and phone number of substance abuse professionals at the EAP; Evaluated by a substance abuse professional to determine what assistance, if any, is necessary; 10.2 d. Subject to return-to-duty drug and alcohol tests. For drugs, the employee must have a negative test result before being allowed to perform safety-sensitive functions. For alcohol, the employee must have a test result of less than .02 before being allowed to perform safety-sensitive functions. Employees Identified as Needing Assistance. Employees identified as needing assistance will be: Evaluated by a substance abuse professional to determine that the employee has followed any rehabilitation program properly; Subject to unannounced follow-up drug or alcohol tests under the following guide- lines: The number and frequency of follow-up tests will be determined by a sub- stance abuse professional and will consist of at least six tests in the first twelve months; The City may direct the employee to undergo return-to-duty and follow-up drug or alcohol tests if the substance abuse professional determines such tests are necessary; Follow-up testing will not exceed 60 months from the date of the em- ployee's return to duty; and The substance abuse professional may end testing after the first six tests if such tests are no longer necessary. 10,3 Evaluation and Treatment Services, The following shall apply to evaluation and treatment services provided under this program: a. Evaluation and rehabilitation may be performed by a substance abuse professional provided by the employer; a substance abuse professional under contract with the employer; or by a substance abuse professional not affiliated with the employer. The employer will ensure the substance abuse professional who determines an employee needs assistance does not refer the employee to the substance abuse professional's private practice; an entity from which the substance abuse professional receives remuneration; or an entity in which the substance abuse professional has a 22 5/17/95 financial interest unless such assistance is provided by a public agency, the employer or an entity under contract with the employer, the sole source of treatment under the driver's health insurance program, or the sole source of treatment reasonably accessi- ble to the driver. The cost of drug and alcohol tests will be paid by the City for pre-employment, post- accident, random and reasonable suspicion tests. If an employee requires return-to- duty or follow-up testing, such costs shall be paid by the employee. Sick leave accrual or other applicable accruals may be used for work time spent in counseling sessions if satisfactory documentation of attendance is provided. 10.4 Scope. The policies governing the referral, evaluation and treatment of individuals do not apply to applicants who refuse to submit to pre-employment tests or to applicants having a verified positive pre-employment drug test result or a pre-employment alcohol test result of .04 or greater. SECTION 11. RECORDKEEPING 11.1 Security and Inspection. The City and/or its agents will maintain records of its drug and alcohol programs in a secure location with controlled access for the periods specified. These records will be available for inspection at the employefts and/or its agent's principal place of business within two business days of a request by an authorized representative of the Federal Highway Administration. 11.2 Time-Frame for Record Retention. Records will be retained for the following periods: a. Records to be kept for at [east 5 years: Verified positive drug test results and alcohol test results indicating an alco- hol concentration of .02 or greater; 2. Documentation of refusal to take drug or alcohol tests; 3. Driver evaluation referrals; 4. Annual calendar year summary prepared pursuant to section 382.403. b. Records to be kept for at least 2 years: 1. Other records relating to the collection/testing process; 2. Training records. Negative and canceled drug test results will be kept for at least one year. Alcohol test results with a concentration of less than .02 will be kept for at least one year. 11.3 Records to be Kept. The following records will be maintained: a. Records relating to the collection process including: 1. Collection logbooks, if used; 23 $/17/95 fJ 3. 4. 5. Random selection process documents; Documents related to decisions to administer reasonable suspicion tests Documents related to decisions on post-accident tests; Medical explanations for the inability of an employee to provide a urine sample for testing; 6. Consolidated annual calendar year summaries; 7. Alcohol Specific Requirements (a) Calibration documentation for evidential breath testing devices; (b) Documentation of Breath Alcohol Technician; Training. Records related to employee's test results: 1. Drug Specific Requirements (a) City's copy of the drug test chain of custody and control form; (b) Documents sent by the MRO to the City; 2. Alcohol Specific Requirements City's copy of the alcohol test form, including test results; 3. Documents related to employee's refusal to submit to a required test; 4, Documents submitted by employees to dispute test results. Records related to other violations of the law governing drug or alcohol programs; Evaluation records including records pertaining to a substance abuse professional's determination of an employee's need for assistance; and records concerning an employee's compliance with the recommendations of a substance abuse professional. Education and training records including: 1. Awareness records including the City's drug and alcohol abuse policy; 2. Documentation of compliance with education requirements including each employee's signed receipt of educational materials; 3. Documentation of supervisor training for reasonable suspicion testing; 4. Certification that all training complies with regulatory requirements. Drug testing records including: 1. Agreements with collection sites, labs, and MRO's. 24 5/17/95 11.4 Names and positions of officia s and the r roles in the C'ty's test ng program; Monthly lab statistical summaries of urinalysis; Management Information System. The City or its agent will prepare and maintain an annual calendar year summary of the results of its drug and alcohol testing program for the previous calendar year by March 15 of each year. If notified in January, the City is required to submit the report to the applicable agency (Federal Highway Administration or Federal Transit Authority) by March 15. Drug Specific Requirements of the Summary Calendar year summaries that indicate one or more verified positive drug tests will include the following information: (a) Number of employees subject to part 382 or 653; (b) (c) (d) (e) (f) (~) (h) (i) (j) (k) (I) Number of employees subject to drug use rules of more than one DOT agency, organized by DOT agency; Number of urine specimens collected, organized by type of test; Number of positive drug tests, and type of drugs, verified by a MRO, organized by type of test; Number of negative drug tests verified by a MRO, organized by type of test; Number of persons denied a position by pre-employment test; Number of employees verified positive for multiple drugs; Number of employees who refused testing; Number of supervisors who received drug training during the year; Number of employees returned to duty who previously had a verified positive drug test; Number of employees given a drug and alcohol test at the same time who had a verified positive drug test and an alcohol concentration of .04 or greater; Number of employees violating non-testing provisions of the federal regulations and any responsive action. Calendar year summaries with no violations can be recorded on an "EZ" report form containing: (a) Number of employees subject to part 382 or 653; (b) Number of employees subject to the drug use rules of more than one DOT agency, organized by DOT agency; 25 5/17/95 (c) Number of urine specimens collected, organized by type of test; (d) Number of negative test results verified by an MRO, organized by type of test; (e) Number of employees who refused testing; Number of supervisors who received drug training during the year; (g) Number of employees returned to duty who previously had a verified positive drug test. Alcohol Specific Requirements 1. Calendar year summaries that indicate one or more alcohol test result of .02 or greater, or any other of the alcohol misuse provisions of Subpart B will include the following information: (a) Number of employees subjed to part 382 or 654; (b) Number of employees subject to testing under the alcohol misuse rules or more than one DOT agency, organized by DOT agency; (c) Number of persons denied a position by pre-employment alcohol test; (d) Number of employees who refused testing; (e) Number of supervisors who received alcohol training during the year; (f) Number of screening alcohol tests, by type of test; (g) Number of confirmation alcohol tests, by type of test; (h) Number of confirmation alcohol tests indicating alcohol of .02 or greater, but less than .04, by type of test; (i) Number of confirmation alcohol tests indicating an alcohol concen- tration of .04 or greater, by type of test; Number of employees returned to duty who previously engaged in prohibited alcohol misuse under these regulations; (k) Number of employees given a drug and alcohol test at the same time who had a verified positive drug test and an alcohol concentration of .04 or greater; Number of employees violating non-testing provisions of these regula- tions and any responsive action. 2. Calendar year summaries with no alcohol screening tests of .02 or greater can file an "EZ" report form containing: (a) Number of employees subject to part 382 or 654; 26 5/17/95 (b) Number of employees subject to the alcohol misuse rules of more than one DOT agency, organized by DOT agency; (c) Number of employees who refused testing; (d) Number of supervisors who received alcohol training during the year; (e) Number of screen alcohol tests by type of test; and Number of employees returned to duty who previously engaged in prohibited alcohol misuse. Employers subject to more than one DOT alcohol or drug program will identify each driver covered by more than one DOT agency. The identification will be by the total number of covered functions. Prior to conducting any drug test on any such employ- ee, the employer will determine which agency rules authorize or require the test. The employer will direct the test results to the appropriate DOT agency or agencies. e. The City will prepare and submit annual calendar year summaries and reports. SECTION 12. ACCESS TO FACILITIES AND RECORDS 12.1 City Records. Access to facilities and records held by the City or its agent shall be as follows: The City will not release employee information that is contained in drug or alcohol program records except as required by law or expressly authorized by the employee. An employee is entitled, upon written request, to obtain copies of any records pertaining to the employee's use of drugs or alcohol, including any test records. The City will give these records to the employee and will not make access to the records contingent upon payment for records other than those specifically requested. The City will permit access to all facilities utilized in complying with the drug and alcohol program laws to federal, state and local officials with regulatory authority over the City or its employees. The City will make all drug or alcohol test results and other program information available to federal, state and local officials with regulatory authority over the City or its employees when requested. The City will d~sc ose informat on related to the C ty's administration of post accident tests when requested by the National Transportation Safety Board as part of a related accident investigation. The City will provide records to subsequent employers upon written request from an employee or former employee and only as expressly authorized by the terms of the employee or former employee's request. 27 5/17/95 The City may provide information to an employee or decision maker when a griev- ance or other proceeding has been initiated by or on behalf of the employee which arises from the results of a drug or alcohol test given by the City, or from the City's determination that the employee engaged in prohibited conduct. Such proceedings may pertain, but are not limited, to workers compensation, unemployment compen- sation or other benefits sought by the employee. The City will release information regarding an employee's records as directed by the specific, written consent of the employee authorizing the release of the information to an identified person and only in accordance with the terms of the employee's consent. 28 5/17/95 DRUG AND ALCOHOL TESTING SUBSTANCE ABUSE PREVENTION PROGRAM Appendix B Employee Positions Subject to Drug and Alcohol Testing 49 CFR, Pa~t 382 Title or description of employee position EQUIPMENT: Mechanic I Mechanic II Mechanic III Body Repair Mechanic Shop Supervisor Equipment Supervisor CEMETERY: MW II FORESTRY: MW I MW II Forester CBD: MWI Sr. MW PARKS: MW I MW II MW III Sr. MW WASTEWATER: MWI MW I - WW Plant MW III MW I11 - WW Collection Sr. MW Sr. MW - Collection Maintenance Operator TPO St. TPO SOLID WASTE: MW I - Landfill MW I - Refuse MW II - Landfill MW II - Refuse Solid Waste Superintendent STREETS: MWI MW II MW Sr. MW MW I - Water Dist. MW III - Water Dist. Sr. MW - Water Dist. Asst. Streets Superintendent Streets Superintendent TRAFFIC ENGINEERING: MW I1 MW II- Signs MW III Electronics Tech Electrician WATER: MW III- Plant St. T.P.O. DRUG AND ALCOHOL TESTING SUBSTANCE ABUSE PREVENTION PROGRAM Appendix C Employee Positions Subject to Drug and Alcohol Testing 49 CFR, Part 653 and 654 Title or description of employee position Mass Transit Operator MW I - Transit MW II - Transit MW III - Transit Transit Operations Supervisor Transit Manager Mechanic I - Transit Mechanic ]11 - Transit St. Mechanic - Transit Shop Supervisor - Transit Parking Operations Supervisor (substitute Transit Operations Supervisor) Parking and Transit Director DRUG AND ALCOHOL TESTING SUBSTANCE ABUSE PREVENTION PROGRAM Appendix D Management or Supervisory Personnel Subject to Employee Assistance Program Training List below, by title or description, all positions in your organization for which Employee Assistance Program (EAP) training is required under 49 CFR, Part 382. include the current number of employees for each position. Title or description of employee position Equipment: Cemetery: Forestry: CBD: Parks: Wastewater: Solid Waste: Streets: Traffic Engineering: Water: Equipment Superintendent (1) Shop Supervisor (1) MW III - Cemetery (1) Forester (1) Sr. MW- CBD (1) Parks Superintendent (1) Asst, WW Superintendent (1) WW Superintendent (1) Solid Waste Superintendent (1) Asst, Streets Superintendent (1) Streets Superintendent (1) Traffic Engineer (1) Asst. Water Superintendent (1) Water Superintendent (1) DRUG AND ALCOHOL TESTING SUBSTANCE ABUSE PREVENTION PROGRAM Appendix E Management or Supervisory Personnel Subject to Employee Assistance Program Training List below, by title or description, all positions in your organization for which Employee Assistance Program (EAP) training is required under 49 CFR, Part 653 and 654. Include the current number of employees for each position. Title or description of employee position Transit Operations Superintendent (2) Parking Operations Superintendent (substitute Transit Operations Superintendent) (2) Transit Manager (1) Transit Equipment Shop Supervisor (1) Parking and Transit Director (1) ~humanreRcdldrug.pol RESOLUTION NO. 95-210 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT FOR SALE OF REAL ESTATE BETWEEN OWNERS OF PROPERTY KNOWN AS "THE PENINSULA PROPERTY" AND THE CITY OF 10WA CITY IN CONNECTION WITH THE PURCHASE OF FLOODPLAIN PROPERTY AND WITH THE IOWA CITY WATER SUPPLY AND TREATMENT FACILITIES PROJECT. WHEREAS, a large portion of the "Peninsula property" is included in the Iowa River floodplain, as delineated by the official flood hazard maps, which floodplain areas are appropriate for purchase by the City of Iowa City in conjunction with the federal flood hazard mitigation monies, pursuant to federal law; and WHEREAS, sellers have conditioned the sale of the floodplain property, approximating 91 acres, on the condition that the City of Iowa City also purchase a 25-acre parcel, below the elevation of 660 feet above sea level, thereby also entitling the City to use flood hazard mitigation monies for this additional 25 acres; and WHEREAS, sellers have also conditioned the sale of the real estate on the purchase of the entire approximately 200 acres known as "the Peninsula property", 92 acres of which may be sold by the City in the future for development, and which will be purchased by the City with funds other than flood hazard mitigation monies; and WHEREAS, it is in the public interest to construct certain alluvial and other wells, as a component of the Iowa City water supply and treatment facilities project, now underway; and WHEREAS, the property commonly known as the "Peninsula property" contains substantial amounts of high quality water, together with alluvial sands which are amenable for the Iowa C~ty water supply and treatment facilities project; and WHEREAS, City staff has negotiated an agreement with the current owners of the property, and it is in the public interest to enter into said contract for sale of real estate in order to set forth the mutual promises and conditions attendant thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached contract for sale of real estate is in the public interest to mitigate property damage and control use within the floodplain, leaving said floodplain property as public open space in perpetuity, and is also in the public interest as an integral part of the Iowa City water supply and treatment facilities project. .'/, Resolution No, 95-210 ' Page 2 I ' The contract for sale of real estate is hereby approved as to form and content, and the City Attorney is hereby authorized to consummate the final transactions, all as provided by law. Passed and approved this 181:h day of July , 1995. ATTEST:_~~ ~. ?~J C~TY'CLERK Resolution No. 95-210 Page 3 It was moved by t~b7 and seconded by adopted, and upon roi~ call there were: .AYES: NAYS: X X X X X X Lehman ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott , Throgmorton CONTRACT FOR SALE OF RE~L ESTATE THIS CONTRACT is made this /~ day of July, 1995, by and between Duane L. Bolton and Judith L. Bolton, husband and wife; First National Bank, Iowa city, Iowa, and Walter A. Dobrian, Trustees of the Trust Created Under the Last Will and Testament of E. F. Lindquist, Deceased; and William L. Meardon and LaVera Meardon, husband and wife (all hereinafter collectively referred to as Sellers), and the city of Iowa City, Iowa, a municipal corporation, existing under the laws of the State of Iowa (Buyer), WITNESSETH: WHEREAS, Sellers desire to sell and Buyer desires to purchase certain real estate from the Sellers under the terms and conditions hereinafter set forth, IT IS, THEREFORE, AGREED: 1. Unless this contract is approved by the City Council of the Buyer on or before August 2, 1995, it shall be of no further effect. 2. Sellers own the real estate located in Iowa City, Johnson County, Iowa, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof. Sellers reserve ten (10) acres of said described real estate located in the northeast corner thereof and will have said parcel surveyed at Sellers' expense. Further, Sellers grant the Buyer the right to establish an ingress and egress right-of-way to the property being sold, which right-of-way shall have a width of sixty-six (66) feet 2 and may be used for vehicular and pedestrian access as well as the installation of utilities, and will be located at a point mutually agreeable to the parties near the southeast corner of the property being reserved by Sellers. Buyer shall prepare a perimeter survey of the property being purchased all at Buyer's expense. It is understood that the entire tract of land formerly known as the Dunham Farm contains two hundred (200) acres of land, more or less. 3. The real estate acquired by the Buyer will be zoned P (Public) in the low land including the floodplain area and P/IDRS in the upper portion (elevation above 660 MSL) of the real estate. The real estate being retained by the Sellers will remain in the zone of IDRS until a road and utilities are available to this acreage. The Buyer is under no obligation to provide utilities or an improved road to the real estate being retained by Sellers, but Sellers shall have the right to hook on and use such road and utilities after the same have been furnished to the area. Assessment of cost of improvements to the Sellers (road and utilities) shall not exceed that permitted under state law. 4. At such time as a road and utilities are furnished to the real estate being retained by Sellers, the parties agree that the area will be rezoned to permit residential use under the terms and conditions of the ordinances of the Buyer as the same exist at that time. 5. No structures are the Buyer. 6. Conveyance to the applicable zoning, easements 7. The Buyer shall use 3 located on the land being purchased by Buyer shall be made subject to all and restrictions of record. the real estate being acquired by it at all elevations below 660 MSL for floodplain management and open space which may include parks, an arboretum, nature trails, and any other recreational public purpose; and for well fields, well heads, well houses, and underground utilities. A copy of the well house structure is attached as Exhibit "B" and by this reference made a part hereof and is approved by the parties for the development of well houses on the lower portion of the real estate being sold. No housing or residential use shall be made of this area. At any elevation above 660 MSL the Buyer may use the property for public purposes and for residential development as the Buyer may in its absolute discretion determine to be appropriate subject to its own ordinances for building and development. 8. The purchase price will be Two Million Dollars Iowa City, Johnson-County, of the area being sold to the Buyer ($2,000,000) payable to the Sellers in Iowa, as follows: a. Twenty-five Thousand.Dollars ($25,000) at the time this contract is approved and signed, and the balance of One Million Nine Hundred Seventy-five Thousand Dollars ($1,975,000) on 4 or before August 15, 1995, when the Sellers deliver merchantable title to the Buyer and the Buyer receives a Warranty Deed from the Sellers. In the event of a title objection a reasonable amount as determined by Seller's attorney and Buyer's attorney shall be held in escrow until any necessary title correction is performed. 9. Sellers shall pay the real estate taxes for fiscal year 1994 (July 1, 1994, through June 30, 1995) and three-twenty-fourths (3/24ths) of that amount to the Buyer as a proration of taxes for fiscal year 1995. Further, Sellers will be responsible for any special assessments levied against the real estate on or before August 15, 1995. 10. Possession of the real estate being sold to the Buyer shall be delivered on or before August 15, 1995, at the time Warranty Deed is delivered by the Sellers and payment of the remaining purchase price is made to the Sellers. It is understood that the Buyer has had possession of portions of the real estate for several months for the purpose of testing wells and delivering products to make repairs to the Coralville Dam. 11. It is understood that one or more of the Sellers may wish to engage in a tax-free exchange under the provisions of 1031 IRC. Buyer agrees to cooperate by placing funds in escrow as directed by Sellers but shall incur no expense or liability in that regard. 5 12. In the event of a breach of this agreement, either party shall have all of the remedies available under the laws of the State of Iowa. 13. The provisions of this Contract shall be binding upon the parties, their personal representatives, successors and assigns. CITY OF IOWA CITY, IOWA UDITH L. BOLTON FIRST NAr£IONAL BANK, IOWA CITY, IO. WA, .Trustee/~ u/w/o E. F. .. By Vincent .~tee Walter A. Dobrian, Trustee LaVERA MEARDON By S~ee~' City Manager ATTEST: City Clerk /7. - -~ City Attorney's Office EXHIBIT "A" "' Government Lot S, except the East 26½ acres there of, and Government Lots 3 and 4 of Sectign 4; Also all pf that part of Section S lying East bf the Iowa River, except that part thereof on which the East end of the dam across said river, known as the Coralwille Dam, is constructed, and except that part thereof on which the abutments of said 'dam are constructed and subject to the right to quarry all stone thereon which may be needed in Roeping up and repairing said dam, including the · banks, abutments and piers, and subject. to the ' right to haul said stone across said premises, as said rights now exist of record; Also all that part of Section 8 lying North and Easl of the Iowa Riverl All of the above described premises being in Township 79 Norfh, Range 6 lYest of the .. $~h P.M., tomraining .170 acres, more or less. 'and All that part of Section S, TowSship 79 North, ~.'.Range 6 ~est of the S%h P.M. lying east of the Idwa River on which the east end of the dam -.a~ross said river, known as the Coralville Dam, · .including the abutments for same, is constructed, and aI1 rights to quarry stone for use in ~ ~ection with said dam as previously reserved. and 'All that part of the northwest quarter'of Section 9, in Township 79 North Range 6 West of. the 5th P.M. Lying north and wes: of the · Iowa River ' / 7'"/7'77 '7-Z. -'77' 7 7/"' FOLLOWING IS :m~ BEST DOCUMENT AVAILABLE