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HomeMy WebLinkAbout2001-03-05 Resolution 4e(1) Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., IOwa City, IA 52240, (319)356-5138 RESOLUTION NO. 01-42 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD IMPROVEMENT - MELROSE AVENUE TO THE IOWA INTERSTATE RAILROAD BRIDGE PROJECT, STP-U-3715(618)-70-52, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 20"' day of March, 2001, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, and estimate of cost for 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 5th day of March ,20 01 Appreved by It was moved by Vanderhoef and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X . Pfab X Vanderhoef X Wilburn pwengVesVnofTno4~trk.doc Prepared by: Ron Knoche. St. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138 RESOLUTION NO. 01-43 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL GREENSPACE AND STORMWATER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications. form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 20th day of March, 2001, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Approved by. C City Attorney's Office Resolution No. 01-43 Page 2 It was moved by Vander-hoef and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X . Kanner ~ . Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum 03-05-01 4f( 1 ) Prepared by: Liz Osbome, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 01-44 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 62 REGAL LANE~ IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of Mortgages in the total amount of $22,152, executed by the owners of the preperty on June 12, 1996 and recorded on June 26, 1996, Book 2110, Page 85 through Page 94 and an amended Mortgage executed on August 16, 1997 and recorded on September 4, 1997, Book 2336, Page 272 through Page 276, in the Johnson County Recorder's Office covering the following described real estate: Lot 110, "Lakeside Addition", to Iowa City, Iowa subject to restrictions and covenants of record. WHEREAS, The University of Iowa Community Credit Union, has refinanced a first mortgage in the amount of $66,200 to the owners of 62 Regal Lane and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the lien of the proposed mortgage in order to induce The University of Iowa Community Credit Union to make such a loan; and WHEREAS, The University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated to the lien of said Modgage with The University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and The University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 5th day of Narch ,20 0]_ . Approved by ATTEST: 2] CIT~r-~LERK City Attorney's Office Resolution No. 01-44 Page 2 It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and The University of Iowa Community Credit Union of Iowa Cit/v. Iowa , herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mnrtga g~s __ which at this time is in the amount of $ ;2;2,152 . and were executed by George L and Mary L Wilmot (herein the Owner), dated June 12 , 1996 , recorded June 26 ' 1996 , in Book 2110, Page 65 through 94 and dated June 12 1996 , recorded September 4 1997, in Book 2336, Page .222_ through 276 Johnson County Recorders Office, covering the following described real property: Lot 110, Lakeside Addition to Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, the Financial Institution proposes to loan the sum of $ 66,200.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the mortgages held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted mortgage s held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the mortgages of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hemto. Dated this -~ TM day of ~ .,,=,.~ ,20. o I . University of Iowa Community Credit Unio res dent Attest: ~;J_c~on ~nyder/S~:~President-T.ending CI'T'Y'S ACKNOWLEDGEMENT STATE OF iOWA ) ) SS: JOHNSON COUNTY ) On this .S-r. day of tV~ A~c,-/ , 20 o( , before me, the undersigned, a Notary PUblic in and for the State of Iowa, personally appeared ~',~,~s-r ld. [~ 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 corporafion, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (nr,~;,,^.-,-~ (Resolution) No. o/- .4,~ passed (the Resolution adopted) by the City Council. under Roll Call No. ;-- of the City Council on the 5 ~ day of f..'{~c~ , 20 o { , and that ~,,a~-.~T t.~. [.r-~tf~,t~,~ and Marlan 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 yC A,0pr0ved By SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 27th day of February , A.D. 2001 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared personally kno n, o bein b me dul worn, did say that they are the st. vice President e g , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Eldon Snyder and David van Dusseldorp as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa SUBORDINATION AGREEMENT Page / 3- SeniOr, Mortgage. The mortgage in favor of the Financial Ins'dtution is be~ b acknowfe~g~ed as a lien superior to fie. mort:gages of the P_~. 4. Binding Ef~ t. This agreement shall be binding upon and inure to the bene~ of the respective hre'~~. egal representatives successors and assigns of the parties"h · \ University of Community Credit Unio  vi~ va yor eslden~ selaor v~ce:: ~ - Attest: '\~ ;e .President-Lending C~Y Cle~ CITY'8 ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of . 20 , me. the undersigned, a Notary P~blic in and the State of Iowa personally appeared Marian K. Karr, to me and, who, being by me duly sworn. did say that I , are the Mayer and C~ of the City of Iowa City, low-a; that the seal to the foregoing instrument is the seal of the corporation. and that the s/gned and sealed on beha/f corporation, by authority of its City contained in (Ordinance) (Resolution) No. passed (the Resolution adopt/e~ the City Council, under Roll Call No, ' of the City Council on the day of __ and that instrument to be y act and deed and the voluntary act and kcorporafion, by it voluntarily execCed. / / / ' Notary Public in and for the State of Iowa /A rovedB City Atto ey's Office FEE-27-01 12:48 FROM:UICCU MORTGAGE DEPT. ID:319 341 2123 PAGE 4/4 SUBORDINATION AC,~REB~ENT Page 3 STATE OF IO ' ) " JOHNSON CO } e re'' .the ins~ment to which ~is is a~ed, ~at said in~me~ of said i~ Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 01-45 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT AND A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 529 BROWN STREET, IOWA CITY, IOWA. WHEREAS, on August 2, 1990, the owner of 529 Brown Street executed a Rehabilitation Agreement through the City's Rental Rehabilitation Program; and WHEREAS, on June 14, 1991, the owner of 529 Brown Street executed a ten-year declining balance loan through the City's Rental Rehabilitation Program for the amount of $9,917.87; and WHEREAS, the terms of the loan were satisfied on February 13, 2001; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 529 Brown Street, Iowa City, Iowa from a Rental Rehabilitation Lien recorded on October 4, 1991, Book 1285, Page 194 through Page 196 and a Rehabilitation Agreement, recorded on February 20, 1992, Book 1330, Page 32 through Page 35 of the Johnson County Recorder's Office. Passed and approved this 5th day of MArch ,20 01 . r-~YOR Approved by It was moved by Vanderhoef and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdrehab/res/529Brown doc Prepared by: Liz Osbome, PCD, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 529 Brown Street, Iowa City, Iowa. and legally described as follows: The Nodh Half IN%) of Lot one (1) in Block Thirty-three (33), in Iowa City according to the recorded plat thereof from an obligation of the owner, Steven Jon VanderWoude, to the City of Iowa City in the total amount of $9,917.87 represented by a Rental Rehabilitation Lien, recorded on October 4, 1991, Book 1285, Page 194 through Page 196 and a Rehabilitation Agreement, recorded on February 20, 1992, Book 1330, Page 32 through Page 35 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded::~)ment. AZY./~ A EsT: 7, k'. ,---,-o/ CI'~CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this .~ ''q day of ~4rt'r__~ , A.D. ;~..?,o~,# , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared ~,~9 ~t. L--~,~,,~ and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. el--~ , adopted by the City Council on the 5 t'' day ~(' , ~o~,! and that the said E~'nest W.Lehm~nand Madan K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. pPdrehabL529Brown-reldoc Nota Public in and for Johnson C unty, Iowa Prepared by: Liz Osborne. PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356°5246 RESOLUTION NO. 01-46 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT AND A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 824 EAST COLLEGE STREET, IOWA CITY, IOWA. WHEREAS, on November 19, 1992, the owner of 824 East College Street executed a ten-year declining balance loan through the City's Rental Rehabilitation Program for the amount of $7,984.57; and WHEREAS, the terms of the loan were satisfied on February 1, 2001; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 824 East College Street, Iowa City, Iowa from a Rental Rehabilitation Lien recorded on November 20, 1992, Book 1467, Page 61 through Page 63 of the Johnson County Recorder's Office. Passed and approved this 5th day of March ,20 01 Approved by It was moved by Vanderhoef and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell X Pfab × Vanderhoef X Wilburn ppdrehab/res/824ECollege dec Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 824 East College Street, Iowa City, Iowa, and legally described as follows: Commencing at a point 120 feet east of southwest corner of Block Two (2), Iowa City, Iowa; thence North 160', thence East 66'11% thence S12', thence West 2'8", thence South 148', to the south line of said Block 2; thence West to the place of beginning, together with all rights, grantors may have an easement to use the paved driveway located on the east side of said premise and on the premises adjacent thereto on the east. Subject to recorded easement, from an obligation of the owner, Dona Fae Park, to the City of Iowa City in the total amount of $7,984.57 represented by a Rental Rehabilitation Lien, recorded on November 20, 1992, Book 1467, Page 61 through Page 63 of the Johnson County Recorders Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded do m.~/t~' ~~ R City Attome~s Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this .~- r~ day of /vt.~c~ , A.D. 1.~r,.~o{~l', before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared ~..,.-,~ 4. L~..,.,~ 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 seat affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~/- 4-~, adopted by the City Council on the £ r~ day ~r' , !~ .~-c~,-~l and that the saidErnest W.Lehma~qand Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 03-05-0t 4f(4) Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 01-47 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRSTAR BANK, IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 428 FIFTH AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of Mortgages in the total amount of $25,176, executed by the owners of the property on May 8, 1996 and recorded on May 21, 1996, Book 2085, Page 53 through Page 62 and another Mortgage executed on January 2, 1997 and recorded on January 8, 1997, Book 2209, Page 229 through Page 233, in the Johnson County Recorder's Office covering the following described real estate: Lot "A' of a survey recorded July 10, 1951, in Book 4, Page 216, of the Plat Records in the office of the Recorder of Johnson County, Iowa, excepting therefrom the following described portion thereof, to-wit: Commencing at the northwest corner of said Lot "A", being also the Southwest corner of Lot 6, Block 37 in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof thence southeasterly along the south line of said Lot 6, 46 feet, thence westerly to a point which is located 15 feet south of the northwest corner of said Lot "A", thence northerly to the point of beginning. WHEREAS, Firstar Bank, has refinanced a first mortgage in the amount of $64,000 to the owners of 428 Fifth Avenue and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the lien of the proposed mortgage in order to induce Firstar Bank to make such a loan; and WHEREAS, Firstar Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated to the lien of said Mortgage with Firstar Bank; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Firstar Bank, Iowa City, Iowa. Passed and approved this 5th day of Ma~'ch ,20 01 Approved by CI~Y~,LERK City Attorney's Office Resolution No. 01-47 Page 2 It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be adopted. and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~ Lehman × O'Donnell X Pfab X Vanderhoef X Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of iowa City, he, ein the City, and FIP,,STAR B~fK of , herein the Financial Institution, WHEREAS, the City is the own~2%arJ. bbo er of a certain REAL F..STATE MORTGAGES which at this time is in the amount of $ , ql/.~c~ . and were executed by BROCE A. TITUS AND 'm~TDC. F.T I.. T'r'rn~ (herein the Owner), dated MAY 8 , 19 96 , recorded MAY 21 1996., in Book 2085.., Page 53 through 62 and dated OCTO~kR. Zl 19.96., recorded JANUARY 8 , 19.77, in Book 2209 , age 229 through .2.~3. , Johnson County Recorder's Office, covering the fol!owing described real property: Lot "A' of a survey recorded July 10, 1951 in Book 4, Page 216, of the Plat Records in the office of the Recorder of Johnson County, Iowa, excepting therefrom the following described portion thereof, to-wit: Commencing at the northwest corner of said Lot "A", being also the Southwest corner of Lot 6, Block 37 in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof, thence southeasterly along the south line of said Lot 6, 46 feet, thence westerly to a point which is located 15 feet south of the northwest corner of said Lot "A", thence northerly to the point of beginning. WHEREAS, the Financial Institution proposes to loan the sum of $ 64.000.00 on a promissory note to be executed by the Finandal Institution and the Owner, secudng a mortgage covering the real property described above; and WHEREAS to induce the Financial Institution to make such loan, it is necessary that the MORTGAG S held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted MORTGAGES heid by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Oollars ($150.00) and other good and valuable consideration for its act of subordination herein, SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien supedor to the te~-3c-~cv.s of the City, 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective h~irs, legal representatives, successors, and assigns of the parties hereto. g..T_]C~/~.,/t~ FINANCIAL INSTITUTION Mayor ~ ~.~ By Attest: C rk City Attorney's Office CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) ' On this -~ "'~ day of /~r<cx~ . 20 ot , before me, the undersigned, a Notary Public in and for the State of Iowa. personally appeared ~rz,,r~s.'r IA]. L~=.~A~./ and Madan K. Karr, to me personally known, and. who, being by me duly swom, did say that they are the Mayor and City Clerk. respectively, of the City of Iowa City, Iowa; that the co:! 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 (-OrdL~---nc~) (Resolution) No. ol- 4 7 passed (the Resolution adopted) by the City Council, under Roll Call No. f of the City Council on the G' ~''~ day of /vt~,~zLu , 20 ~, t , and that E~N~-~'T ~J- LF-,A~,~,Z-,~' 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 SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 27111 day of FF~RI~ARy , A.D. 20 O] , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Jmtlq~ Skm~m~.SFEU~ and vl~.h~'rrF. K. KI~PP , to me personally known, who being by me dul sworn, did say that they are the S~211IOR I>ERSOI~IkT~ B~t~tu~K SI~IOR ~SSl:. BI~I~IClt ~I/:GI!;R and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said and Vl~Rl~!:l"rg K. IGIAPP as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. My Commission Expires Not n and for the State ;f Iowa October 12, 2002 . ppdc(lbg~subrdntnagl.doc Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 01-48 RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF WESTCOTT HEIGHTS, PART 3, (PHASE 1 ), JOHNSON COUNTY, IOWA. WHEREAS, the owner, Westcott Partners, L.L.P., filed with the City Clerk the final plat of Westcott Heights, Part 3, (Phase 1 ), Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: Beginning at the Northwest Corner of the South One-Half of the Southwest Quarter of the Northwest Quarter of Section 26, Township 80 North, Range 6 West, of the Fifth Principal Meridian; Thence S88o41 '25"E, along the North Line of Said South One-Half, and the South Line of Westcott Heights, in accordance with the Plat thereof Recorded in Plat Book 39, at Page 24, of the Records of the Johnson County Recorder's Office, 360.82 feet; Thence S40o55'06"W, 80.40 feet; Thence S38o39'47"W, 187.93 feet; Thence S30o28'28"E, 583.45 feet; Thence S66o06'11"E, 190.14 feet; Thence S31°24'02"W, 701.10 feet; Thence S30o16'18"E, 113.80 feet; Thence S66o27'53"W, 146.65 feet; Thence S16o26'14"W, 221.35 feet; Thence S87o52'16"E, 166.64 feet; Thence Southeasterly, 270.56 feet, along a 530.00 foot radius curve, concave Southwesterly, whose 267.63 foot chord bears S73o14'47"E; Thence S58o37'18"E, 59.85 feet; Thence Southeasterly, 214.24 feet, along a 220.00 foot radius curve, concave Northeasterly, whose 205.87 foot chord bears S86o31'10"E; Thence N65°34'58"E, 102.37 feet; Thence Northeasterly, 52.74 feet along a 67.50 foot radius curve, concave Southeasterly, whose 51.41 foot chord bears N87o58'01"E; Thence S69°38'57"E, 100.00 feet, to a Point on the Centerline of Prairie Du Chien Road, in accordance with the Official Plans of Johnson County Project STP-E-52(40)~5k-52; Thence S20o21'03"W, along said Centerline, 148.94 feet, to its intersection with the South Line of the Northwest Quarter of the Southwest Quarter of said Section 26; Thence N88o45'12"W, along said South Line, 1024.94 feet to the Southeast Corner of the Northeast Quarter of the Southeast Quarter of Section 27, Township 80 North Range 6 West, of the Fifth Principal Meridian; Thence N87o52'16"W, along the South Line of Said Northeast Quarter of the Southeast Quarter, 1297.54 feet; Thence N00o08'16"W, along the Line of the Existing Fence, 1990.12 feet, to the Southwest Corner of Wescott Heights, Part Two, in accordance with the Plat thereof Recorded In Plat Book 41, at Page 58 of the Records of the Johnson County Recorder's Office; Thence S88o14'14"E, along the South Line of said Westcott Heights, Part Two, and the South Line of said Westcott Heights, 1305.41 feet, to the Point of Beginning. Said Tract of land contains 78.96 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 Resolution No. 01-48 Page 2 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 conditional 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 (1999) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the conditional dedication of the streets and easements as provided by agreement and by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 5th day of Hatch ,2001. Appro ATTEST. F. f It was moved by Champion and seconded by 0'Donne'l 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilburn ppdadrninlreslwestcottphl doc Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, 356-5240 RESOLUTION NO. 03.-48 APPROVING THE EXTRATERRITORIAL FINAL PLAT HEIGHTS, PART 3A, ISON COUNTY, IOWA. WHEREAS, the r, Westcott Partners, L.L.P., filed City Clerk the final plat of Westcott Heights, A, Johnson County, Iowa; and WHEREAS, said is located on the foilowl -described real estate in Johnson County, Iowa, to wit: Beginning at the Northwest r of the of the Southwest Quarter of the Northwest Quarter of Townsh 80 North, Range 6 West, of the Fifth Principal Meridian; Thence S88o41 the North Line of Said South One-Half, and the South Line of Westcott Heic Plat thereof Recorded in Plat Book 39, at Page 24, of the Reco of the Johnson County Recorder's Office, 360.82 feet; Thence S40o55'06"W, Thence S38o39'47"W, 187.93 feet; Thence S30o28'28"E, 583.45 S66°06'11"E, 190.14 feet; Thence S31°24'02"W, 701.10 feet; 113.80 feet; Thence S66o27'53"W, 146.65 feet; Thence 221.35 S87o52'16"E, 166.64 feet; Thence Southeasterly, along a :)0 foot radius curve, concave Southwesterly, whose 267.6: chord bears 4'47"E; Thence S58o37'18"E, 59.85 feet; Thence 214.24 feet, alon 220.00 foot radius curve, concave Northeasterly, 205.87 foot chord trs S86o31'10"E; Thence N65°34'58"E, 102.37 Northeasterly, 52.74 along a 67.50 foot radius curve, concave whose 51.41 foot chord N87°58'01"E; Thence S69o38'57"E, 100.00 to a Point on the Centerline of Du Chien Road, in accordance with th, Plans of Johnson County (40)-5k-52; Thence S20o21'0,'' along said Centerline, 148.94 feet, to its with the South Line of Northwest Quarter of the Southwest Quarter o said Section 26; Thence N8,~o4~ W, along said South Line, 1024.94 feet to the So heast Corner of the Northeas uarter of the Southeast Quarter of Section 27, To ship 80 North Range 6 W st of the Fifth Principal Meridian; Thence N87o52'16"W, a ng the South Line of id Northeast Quatier of the Southeast Quarter, 1297.54 et; Thence N00°08' "W, along the Line of the Existing Fence, 1990.12 feet, to th Southwest Corner f Wescott Heights, Part Two, in accordance with the Plat thereof R corded In Plat ook 41, at Page 58 of the Records of the Johnson County Recorde Office; The ce S88°14'14"E, along the South Line of said Westcott Heights, Part Two, nd the S th Line of said Westcott Heights, 1305.41 feet, to the Point of Beginning. Sai Tract land contains 78.96 acres, more or less, and is subject to easements and restri ions IEREAS, the Department of Planning and Community Development and the Public W ks partment examined the proposed final plat and subd~ws~on and recom Resolution No. 01-48 Page 2 WHEREAS, the Planning and Zoning Commission examined the final plat and'subdivision and recommended that said final plat and subdivision be accepted and approved; WHEREAS, a conditional dedication has been made to the public, and ~ivision has been made, with the free consent and in accordance with the desires of the and proprietors; and said final plat and subdivision are found to conform 354, Code of Iowa II other state and local requirements. )RE, BE IT RESOLVED BY THE CITY OF THE CITY OF IOWA 1. The said subdivision located on the real estate be and the same are hereb' 2. The City accepts dedication streets and easements as provided by agreement and by law. 3. The Mayor and City Clerk Iowa City, Iowa, are hereby authorized and directed, upon approval by to execute all legal documents relating to said subdivision, and to certify a c of this resolution, which shall be affixed to the final plat after passage and approval The City Clerk shall record the legal documents and the plat at the office of the County, Iowa at the expense of the owner/subdivider. Passed and approved this 5th day of Mar ,2001. ATTEST: . ~ c.) It was moved by Champion and seconded by E)'l')nnnpll the Resolution be adopted, and up n roll call there were: AYES: NAYS: ABSENT: X Champion Lehman O'Donnell / ,/ X Pfab i,"' X Vanderhoef ,/ X Wilburn ~dadm~n\res\westcott3a.doc Prepared by: Ron Knoche, Sr. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 01-49 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FOSTER ROAD AND MORMON TREK BOULEVARD LANDSCAPING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 20~ day of March, 2001, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 20t~ day of March, 2001, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 5th day of Marc~h 20 01 Approved by Resolution No. 01-49 Page 2 It was moved by 0'Donnel 1 and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner × Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Kim Shera, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-.5437 RESOLUTION NO. 01-50 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CAPTAIN IRISH PARKVVAY EXTENSION (PHASE II) AND FIRST AVENUE EXTENSION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public headng on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby appreved. Said plans and specifications include both the grading and paving of the First Avenue Extension and allow for construction to begin prior to July 1, 2001. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 27th day of March, 2001, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m rd on the 3 day of April, 2001, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. OR A EsT:7 ?-.'V -O/ CI/'i'~ CLERK City Attorney's Office pwengVes~capidshlstavedoc Resolution No. 01-50 Page 2 It was moved by 0' Donnel 1 and seconded by Vande~'hoef the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X , Pfab X Vanderhoef X Wilbum Prepared by: Ross Spitz, Civil Engineer, 440 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 01-51 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2001 ASPHALT RESURFACING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named proiect are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to pub}ish notice for the receipt of bids for the construction of the aboveroamed project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 27t~ day of March, 2001, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. d on the 3r day of April, 2001, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 5th day ~R/,/U' ~~ Approved by CI~LERK City Attorney'% Office Resolution No. 01-51 Page 2 It was moved by Pfab and seconded by W1 ] burn the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 01-52 RESOLUTION ADOPTING FEES FOR CONVERSION OF EXISTING STRUCTURES USED FOR HUMAN HABITATION TO HORIZONTAL PROPERTY REGIMES (CONDOMINIUMS). WHEREAS, on April 25, 2000, the state legislature enacted SF. 2426, which requires that if an eKisting structure used for human habitation is to be converted to a horizontal property regime (condominium), the declarant must file the declaration with the city in which the regime is located so the city's building department can inspect the structure; WHEREAS, S.F. 2426 further requires that the existing structure used for human habitation shall not be converted to a horizontal property regime unless the city's building requirements in effect on the date of conversion are met; WHEREAS, the City Council adopted an ordinance authorizing the adoption of a fee schedule to offset the costs of conducting the required inspections. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The fees to conduct site and building inspections and to fulfill all other obligations of S.F. 2426 shall be as follows: (a) Initial consultation requesting information on the City's condominium conversion policy: no fee (b)Condominium conversion: $200 (includes project specific consultation and plan review) (c) Inspection (1) If a building permit is required: $0 (declarant will be assessed building permit fee) (2) If a building permit is not required: $30/staff hour (one hour minimum) (d) Certificate of Occupancy (1) If a building permit is required: $0 (declarant will be assessed building permit fee) (2) If building permit is not required: $25 ....... , Passed and approved this 5th day of ~ ./~ 001 Appr~ sue\ord&res\condoconvres doc Resolution No. 01-52 Page 2 It was moved by 0'Donnel 1 and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn City of Iowa City MEMORANDUM FROM: Karin Frankli~ RE: "Jazz" Contract At your March 5, 2001 City Council meeting, you are being requested to execute a contract between the City and the National Sculptures Guild (NSG) for the sculpture "Jazz", created by artist Gary Alsum and to be installed at the west entrance to the pedestrian mall. The contract reflects a few changes from what was originally envisioned: · The contract amount of $51,250.00 reflects an increase from the original $50,000 bid as this amount did not include installation, transportation or lodging costs. · The proposed contract as presented by NSG included language that permitted the duplication of the sculpture up to a maximum of 10 copies. As this was other than had been envisioned, it was necessary to have the Public Art Advisory Committee review this change. It was decided that duplication was acceptable but that no copies can be located within 300 miles of Iowa City. The City will have the original version of the statue. · Due to the need to reconsider the contract by the Public Art Advisory Committee, the time frame for installation of the sculpture was delayed. Although the contract now details January 5, 2002, NSG suggests that they will attempt to get the sculpture delivered and installed in fall, 2001. Please let us know if you have questions regarding this information. Prepared by: Marcia Klingarnan, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 01-53 RESOLUTION APPROVING AN AGREEMENT BETVVEEN THE CITY OF IOWA CITY AND THE NATIONAL SCULPTORS' GUILD WITH AND THROUGH ITS ARTIST FOR THE WEST PAD OF THE DOWNTOWN PEDESTRIAN MALL AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the Iowa City Public Ad Program provides for investment in public ad annually; and WHEREAS, a Call to Artists was distributed for sculptors to propose sculptures for three locations on the downtown pedestrian mall; and WHEREAS, the City Council affirmed the selection of Gary Alsum's Jazz for the West Pad located at the intersection of College and Clinton Streets at their October 17, 2000 meeting by adoption of Resolution No. 00-352. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement between the City of Iowa City and the National Sculptors' Guild with and through its artist Gary Alsum for the design, fabrication, and the installation of the bronze sculpture Jazz for the west pad of the pedestrian mall, a copy of which is attached hereto, is hereby approved as to form and content. 2. The Mayor is hereby authorized to sign and the City Clerk to attest said Agreement. Passed and approved this 5th day of March ,20 01 It was moved by Champion and seconded by Wi 1 burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilburn CONTRACT FOR COMMISSION THIS CONTRACT FOR COMIVl/SSION is made this 5th day of March 2001 between the City of Iowa City, 410 East Washington Street, Iowa City, Iowa 52240-1826, (hereinafter called "City"), and the National Sculptors' Guild with and through its Artist, Gary Alsum, National Sculptors' Guild being a State of Colorado Corporation doing business in Iowa; whose Colorado address is: 2683 North Tat't Avenue, Loveland, Colorado 80538 (hereinafter called "Artist'). WHEREAS, the City of Iowa City, Iowa solicited proposals for a Work of public art (hereinat~er called "Work") to be located at the west entrance to the Iowa City Pedestrian Mall, Iowa City, Iowa, (hereinafter called "Site"); and WHEREAS, the Artist submitted a proposal for the Work pursuant to the City's request for proposals; and WHEREAS, the Artist was selected by the City to design, execute, fabricate and install the Work at the Site; and WHEREAS, the City and the Artist desire to set forth the terms upon which the Artist will produce and install the Work for the City; NOW, THEREFORE, the City and the Artist, for the consideration and under the conditions hereina~er set forth, agree as follows: ARTICLE L SCOPE OF SERVICES A. General 1. The Artist shall design, execute, fabricate, install and document the Work as described in Exhibit A attached hereto and incorporated herein by reference. The specifications of the Work are as follows: Title: "Jazz". Description: three musicians who depict a jazz ensemble. One figure is standing and playing a trumpet, one is standing - playing a saxophone, and one is sitting playing drums. Dimensions: Life-size to 110% life-size Medium Bronze 2. The location for the Work has been determined to be at the west entrance to the Iowa City Pedestrian Mall. 3. The Artist shall perform all services and furnish all supplies, materials and equipment ~ necessary for the design, execution, fabrication, transportation and installation of the Work. 4. The Artist shall refine the maquettes of the piece in clay for the City's approval prior to creating the fife-size work. The Artist shall determine the Artistic expression, scope, design, color, size, enmext and texture of the Work. 5. The Artist shah be responsible for the payment of all mailing or shipping charges on submissions to the City, the cost of transporting the Work to the site and the costs of all travel and lodging by the Artist and the Artist's agents and employees necessary for the proper performance of the services required under this agreement. B. EXECUTION OF THE WORK 1. The Artist shall complete the installation and fabrication of the Work in conformity with the specifications set forth in Article I, Section A. 1 of this contract. 2. Prior to implementation of any changes in the Work, the Artist shall present to the City in writing, a detailed description of such proposed changes. The City shall have the right in its sole absolute discretion to approve or disapprove any changes suggested by the Artist. The Artist may implement changes only with the prior written approval of the City. 3. The City shall have the right to review the progress of the Work at reasonable times, and with advance notice, during the fabrication thereof The Artist shall submit such reports regarding the progress of the Work as the City may request. 4. In the design, execution, fabrication, installation and documentation of the Work, the Artist shall comply with all applicable federal, state and local laws, rules and regulations, including those pertaining to Worker's Compensation insurance. 5. The Artist shall complete the fabrication and installation of the Work on or before January 5, 2002 (hereinaf~er called 'Installation Date"), provided this contract has been fully executed by all parties and the initial payment received on or before April 5, 2001. If this contract has not been fully executed by all parties hereto by April 5, 2001 the Artist shall complete the fabrication and installation of the Work ten months from the date of the execution of this contract. 6. The Artist may, up to sixty (60) days before the Installation Date, request in writing an extension of the Installation Date. If an extension is granted, the new Installation Date shall be agreed upon in writing. C. DELIVERY AND INSTALLATION 1. The Artist shall notify the City in writing, no fewer than 30 days prior to delivery when fabrication of the Work is completed, detailing when the Artist is ready to deliver the Work and install it at the Site. 2. The City shall furnish the Artist with the as built specification of the Site within sixty days of the execution of the agreement. 3. The Artist shall be responsible for all expenses, materials, and labor to install the sculpture including a hammer drill to drill the concrete pad to receive the sculpture. The Artist shall deliver and install the completed Work at the Site. 4. The City shall ensure that the pad on the west entrance of the Iowa City pedestrian Mall is clear and accessible to ensure the timely installation of the sculpture. The City shall be responsible for providing a forklift for the installation. The City shall have available staff to inspect and approve final installation of the Work. 5. The Artist shall coordinate with the City to prepare the Site for installation. The City shall use its best efforts to arrange to temporarily modify and/or barricade the Site so as to effectively secure the Site and protect the public during installation of the Work. D. POST-INSTALLATION Within thirty days from the date of installation: 1. the Artist shall furnish the City with a full written narrative description of the Work 2. the Artist shall furnish the City with a minimum of six (6) slides, photographs (and negatives), or digital photographs on a disk which document the process and development of the Work from beginning fabrication through completion. 3. the Artist shall provide to the City, written instructions for appropriate maintenance and preservation of the Work, including moving and reinstallation of the Work 4. the City shall provide and install an identification plaque which shall include the following information: "Jazz" Gary Alsum- National Sculptors' Guild Iowa City Public Art Program - 2001 or 2002 E. FINAL ACCEPTANCE 1. The Artist shall notify the City in writing when all services required by the Artist under the Contract (including those described in Article I, Section D) have been completed. The Artist shall, prior to final acceptance, provide the City with such lien and/or claim releases with respect to the Work as the City may require. 2. Within seven days of City's receipt of notification by Artist of completion pursuant to subparagraph 1 of this section, City will inspect that work and provide Artist with written notice of any deficiencies. 3. Final acceptance shall be determined by the City in its sole and absolute discretion. Such acceptance shall constitute the City's acknowledgement that the Work has been completed and installed according to the terms of this Contract. Notice of final acceptance shall be no later than seven days from the date of Artist's correction of the deficiencies identified by the City pursuant to subparagraph 2 hereoE 4. The City shall notify the Artist in writing of its final acceptance of the Work 5. Title of ownership of the Work shall pass to the City upon final acceptance. F RISK OF LOSS 1. The risk of loss or damage to the Work shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are necessary to protect the Work and the materials relating hereto from loss or damage and to insure the Work and the materials relating thereto until final acceptance. 2. The Artist and all employees of the Artist shall each effect and maintain insurance to protect the Artist from claims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of the Artist's employees or of any person other than the Anist's employees; and from claims for damages because of injury to or destruction of tangible property; including loss of use resulting therefrom; and from claims arising out of the Artist's performance of professional services caused by errors, omissions, or negligent acts for which the Artist is legally liable. The City shall be shown as an additional insured for general liability. 3. The Artist agrees to indemnify, defend and hold Owner and its officers, employees, and agents harmless from any and all loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from Artist's operations, duties or responsibilities under this agreement, whether such be by Artist himself or by any subcontractor or by anyone directly or indirectly employed by the Artist. 4. Upon final acceptance of the Art Work, the Owner shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the Artist against any and all claims or liabilities thereafter made in connection with the Art Work, the site, the project or this agreement, except claims by the OWNER against the Artist and claims which may occur as a result of the Artist's breach of the warranties provided in Article 4. ARTICLE II, COMPENSATION A. PAYMENT SCHEDULE 1. The City shall pay the Artist a fixed fee of $51,250 which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Contract including all travel and installation costs related to the Work. This price does not include maquettes. 2. The $51,250.00 fee shall be paid in the following phases with each installment except the phase I installment to represent full and final payment for all services and materials provided for that phase: a. Phase I - One-half(S25,625.00) upon execution of this Contract. b. Phase 2 - 40% ($20,500.00) upon approval of the life-size day figures but not before July 1, 2001. c. Phase 3 - 10% ($5,125.00) upon final acceptance. B. FEE STATEMENTS In order to receive the payments described in clauses b. and c. above, the Artist shall submit a statement to the City. ARTICLE HI. TIME OF PERFORMANCE A. CITY DELAY If the Artist is delayed from installing the Work by the Installation Date as a result of action taken by the City, the City shall reimburse the Artist for actual transportation and storage costs incurred for the period between the Installation date and date on which the Site is available to permit installation of the work, if and only if, the transportation and storage cost are incurred as a direct result of the delay by the City. The City shall not be responsible for any transportation and storage costs that the Artist would have been required to pay in the absence of delay caused by the City. B. NECESSARY DELAY Neither the City nor the Artist shall be penalized under the terms of this Contract for delays caused that are beyond each party's control. Delays beyond each party's control shall consist of.' Acts of God D~th of the Artist Change in federal or state laws affecting the contract Declaration of a State of Emergency by the Governor/President respectively. C. SERIOUS ILLNESS OR DEATH OF Artist In the event of the serious illness or death of the Artist, Gary Alsum, during the construction and/or the installation of the Work, his heirs, family and estate will in no way be responsible for the completion of the unfinished Work nor shall they bc entified to the compensation for uncompleted work due under this contract. The National Sculptors' Guild shall be responsible for the complction of the Work through the services of one or more of its other Artists, subject to the written approval of the City. ARTICLE IV. WARRANTIES A. WARRANTIES OF TITLE 1. The Artist represents and warrants that: a. the Work is solely the result of the Artistic and creative efforts of the Artist; b. except as otherwise disclosed in writing to the City, the Work is unique and original and does not infringe upon any Copyright; and e. the Work is free and clear of all liens from any source whatsoever. 2. The warranties described in this Section A shall survive for so long as the City owns the Work. B. WARRANTIES OF QUALITY AND CONDITION 1. The Artist represents and warrants that: a. the Work, as fabricated and installed, will be flee of defects in material and workmanship, including any defects of "inherent vice" or qualities which may cause or accelerate deterioration of the Work; and b. reasonable maintenance of the Work will not require procedures in excess of those described in Article I, Section D, subsection 3. 2. The warranties described in this Section shall survive for a period of three (3) year after final acceptance of the Work. The City shall give notice to the Artist of any observed breach of these warranties with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranties, which is curable and which cure is consistent with professional conservation standard (including, for example, cure by means of repair or refabfication of the Work). 3. The Artist shall not be responsible for any damage inflicted on the Work by third parties or outside forces, whether man-made or from natural causes, which exceed those that the design of the Work should reasonably tolerate. This shall include the wear and tear on the patina due to its placement in a public area. 4. After final acceptance of the Work by the City, the City shall hold the Artist harmless ~-om any and all liability or personal injury to the public, except to the extent covered by the warranties of Article IV, Section B. 1. ARTICLE V. OWNERSBIP OF WORK AND COPYRIGHT A. GENERAL The Artist grants to the OWNER and its assigns a royalty-free, irrevocable license to make two dimensional reproductions of the Art Work for educational and/or non-commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. The Artist retains Copyright in and to the work under the Copyright Act of 1976, 17 U.S.C,, Section 101, et seq. Each of the figures comprising the Work in its final location at the Site shall be number one of a limited edition. A limited edition is defined herein as consisting of no less than 5 but no more than 10. Any other editions of the Work for public placement shall be located no closer than 300 miles from the city limits of Iowa City, Iowa. It is further understood that the figures may be located and relocated by the City at its sole discretion. The City shall first notify the Artist consistent with Section C herein as to the new location. If the Artist objects to the new location, the only remedy available to the Artist is to request the City to remove the identification plaque referred to in Article I, Section D, subsection 4 herein. Further, upon written request of the Artist, the City shall not promote the Work as that of the Artist. Provided however, this provision in no way prohibits the City from truthfully responding to inquiries, oral and written, as to the name of the Artist. B. IDENTITY OF ARTIST All two-dimensional reproductions by the City shall contain a credit to the Artist substantially in the following form; Gary Alsum, National Sculptors' Guild, 2001. C. NOTICES All notices required herein shah be in writing and served upon the parties as follows: National Sculptors' Guild C/o Iv'ft. John Kinkade/Ms. Nela Huntsinger 2683 N. Taft Avenue Loveland, Colorado 80538 Phone No. (800) 606-2015 City of Iowa City C/o City Manager 410 East Washington Street Iowa City, Iowa 52240-1826 319/356-5237 All notices required herein shall be deemed served when mailed to each party's last known mailing address. It is the responsibility of each party to inform the other of a change in address. If notice cannot be served due to a change in address which has not been served upon the other party, such party's failure to notify shall be deemed a waiver of notice, ARTICLE VI. SUBSEQUENT EVENTS A. MAINTENANCE The City and the Artist recognize that maintenance of the Work on a regular basis is essential to the integrity of the Work. Therefore, the City shall assure regular maintenance according to the instructions supplied by the Artist as set forth herein under Article I, Section D.3. and may take action reasonably designed to protect the Work against vandalism. B. REPAIRS AND RESTORATION At~er final acceptance of the Work, the Artist may inspect the Work at his own expense and shall notify the City in writing as to the necessity of any repairs. The City may in its discretion consult with the Artist and make the noted repairs. All such consultations shall be without additional cost to the City. C. ALTERATION OF THE WORK The City will not consent to the intentional alteration, modification or change to the Work. The City shall retain the fight to sell or donate the Work to a third party. D. WAIVER OF RIGHTS The Artist understands and agrees that the provisions of this Article VI shall control over the provisions of 17 U.S.C. - 106A (a) and other laws grant'rag the Artist any "moral rights" or similar rights as to the Work, and shall constitute a waiver by the Artist of any rights with the exception of copyright, in the Work set out in or otherwise granted by 17 US.C. - 106A (a) or in such other laws. ARTICLE VH. INDEPENDENT CONTRACTOR The Artist performs this contract as an independent contractor and not as an agent or an employee of the City. The Artist shall maintain control, furnish all supervision, labor, materials, equipment, supplies, other incidentals, as well as transportation, shipping and installation of the Work. ARTICLE VIH. ASSIGNMENT The work and services required of the National Sculptors' Guild through its Artist, Gary Alsum, under this Contract are personal and shall not be assigned, sublet or transferred, except as provided for in Article III paragraph C. However, the Artist shall be allowed to employ qualified personnel who shall work under the Artist's supervision. ARTICLE IX. INDEMNIYICATION The Artist shall defend, release, indemnify and save and hold harmless the City against any and all damages to property or injuries to or death of any person or persons, and shall defend, release, indemnify and hold harmless the City from any and all claims, demands, suits, liabilities, actions, causes of actions, or legal or equitable proceedings of any kind or nature, or by anyone whomsoever, in any way resulting from or arising out of the Artist's activities in connection with this Contract, including acts of omissions of the Artist or persons acting under the Artist's control. ARTICLE X. TERMINATION & MEDIATION A. TERMINATION 1. This Contra~ may be terminated by either party, subject to thirty (30) days notice, provided that attempts at mediation as set forth in Section B of this article have failed. a. If either the Artist or the City shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements or stipulations material to this Contract, the other party shall thereupon have the right to terminate this Contract by giving written notice to the defaulting party of its intent to terminate and speciering the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If the default is not cured within such time period, this Contract shall terminate. b. In the event of a default by the City, the City shall promptly compensate the Artist pursuant to Article II for all services performed by the Artist prior to termination, and all finished and unfinished drawings, sketches, photographs and other work products prepared and submitted or prepared for submission by the Artist under this Contract shall at the City's option become its property, provided that no right to fabricate or execute the Work shall pass to the City. c. In the event of a default by the Artist, the Artist shall forfeit the right to any and all remaining payments due under this contract for which Work has not been completed as well as any and all copyrights reserved herein and any and all limited edition rights as defined herein. Then and in that event the National Sculptors' Guild shall be responsible for completion of the Work through the services of one of its other Artists, subject to the written approval of the City. B. MEDIATION If, during the creation of the Work, its installation and subsequent existence, any disputes should arise between the Artist and the City, the parties hereto will mediate their disagreements and make every effort to effect a mutually satisfactory resolution of the disagreements including the appointment of an independent mediator reasonably acceptable to both parties. ARTICLE XL MODIFICATION No alteration, change or modification of the terms of this Contract shall be valid unless made in writing and signed by the parties hereto. ARTICLE XII. CONFLICT OF LAW Any provision of this Contract which is hereafter found by a court of law or otherwise to be in conflict with the laws, rules, and/or regulations of the United States or the States of Colorado and Iowa shall be considered null and void. The valid provisions of this Contract shall be severed from the invalid provisions and remain in effect to the extent possible. ARTICLE XIL COMPLIANCE The Artist shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the Artist's services under this agreement. A. GENERAL TERMS 1. The Artist shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 2. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 3. 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, gender identity, or sexual orientation. 4. It is understood and agreed that the retention of Artist by City for the purpose of the Work shall be as an independent contractor and shall be exclusive, but the Artist shall have the right to employ such assistance as may be required for the performance of the Work. 5. It is agreed by the City that all records and files pertaining to information needed by the Artist for the Work shall be available by said City upon reasonable request of the Artist. The City agrees to furnish all reasonable assistance in the use of these records and files. 6. At the request of City, the Artist shall attend such meetings of the City Council relative to the Work set forth in this Agreement as deemed necessary. Any requests made by the City shall be given with reasonable notice to Artist to assure attendance and shall coincide with trips to Iowa City already planned by the Artist. 7. 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 continues in full force and effect. 8. Upon signing this agreement, Artist acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory prohibition enumerated in Section 362.5. ARTICLE Xm. CHOICE OF LAW All conflicts, causes of actions and civil disputes shall be filed in the courts of Iowa. ARTICLE XIV. EFFECTIVE DATE The effective date of this Contract shall be the date of approval by all parties hereto. Attest to: City o a City ~,~9~ M~'~K.. Karr, City Clerk M;yor (Corporate Seal) Secretary e ~rector (Corporate Seal) , Gary kl~m~, Artist J 03-05-0~ 15 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. 01-54 RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2002. WHEREAS, a public hearing on the proposed budget for the fiscal year ending June 30, 2002 was held on February 20, 2001, at regularly scheduled City Council meetings and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The annual budget for the fiscal year ending June 30, 2002, as set forth in the Adoption of Budget and Certification of Taxes and on the Adopted Budget Summary, together with the detailed budget in support thereof showing revenue estimates, appropriation expenditures, and program allocations for said fiscal year should be and hereby is adopted. 2. The City Clerk is hereby directed to make the filings required by law, and to set up the books in accordance with the summary and details, as adopted. CI~LERK City Attorney's Office It was moved by 0'Donnel 1 and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ~nadm%res~annlbdgtdoc Prepared by: Marcia Klingaman. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. \ REgOLUTION APPROVING AN AGREEMENT BETWEEN THE C OF GIft'AND THE NATIONAL SCULPTURES GUILD WITH AND ITS .ERK TO ATTEST THE SAME. '\ WHEREAS, the Iowa Cit~Public Art Program provides forin public art annually; and ,or scu,ptors sc.,ptures ,or three ,ocat,o.s WHEREAS, the City Cc the selection ' A[sum's Jazz for the West Pad located at the intersection of College and )ctober 17, 2000 meeting by adoption of Resolution No. 00-352. NOW, THEREFORE, BE IT THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement be~een the City City and the National Sculptures Guild with and through its a~ist Ga~ Alsum fabrication, and the installation of the bronze sculpture Jazz for the west pad ian mall, a copy of which is a~ached hereto, is hereby approved as to form a~ 2. The Mayor is hereb' sign and Clerk to attest said Agreement. Passed and approved this day of ,20 ; MAYOR ATTEST: "~ / by ~-- .~ CITY C,~ERK Office / It was moved y and seconded by the Resolution be adopted, an upon roll call there were: ~u~YES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn CONTRACT FOR COMMISSION THIS CONTRACT FOR COMMISSION is made this 5th day of March 2001 between the City of Iowa City, 410 East Washington Street, Iowa City, Iowa 52240-1826, (hereinafter called "City"), and the National Sculptors' Guild with and through its Artist, Gary Alsum, National Sculptors' Guild being a State of Colorado CorpOration doing business in Iowa; whose Colorado address is: 2683 Noah Taft Loveland, Colorado ~ (hereinafter called "Artist"). WHEREAS, the ty of Iowa City, Iowa solicited proposals Work of public art (hereinafter called ~ to be located at the west entrance to Iowa City Pedestrian Mall, Iowa City, ); and WHEREAS, the Artist mitted a proposal for the the City's request for proposals; and WHEREAS, the Artist was the City to execute, fabricate and install the Work at the Site; and WHEREAS, the City and the desire to forth the terms upon which the Artist will produce and install the Work NOW, THEREFORE, the City and for the consideration and under the conditions hereinafter set forth, agree as ARTICLE I. OF SERVICES ? A. General / / / / 1. The Artist shall design/execute, install and document the Work as described in Exhibit A/attached hereto and corporated herein by reference. The specifications of the ork are as follows: one is standing - pl~dng a saxophone, and one is sittin drams. Dimensions:l Life-size to 110% life-size Medium Bronze 2. The location ~or the Work has been determined to be at the west entrance to the Iowa City Pedestrian Mall. 3. The Artist shall perform all services and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and installation of the Work. 4. The Artist shall refine the maquettes of the piece in clay for the City's approval prior to creating the life-size work. The Artist shall determine the Artistic expression, scope, deign, color, size, context and texture of the Work. n City, the cost of transporting the Work and the costs of all travel and~tx~dging by the Artist and the Artist's employees necessary for the equired under agreement. 1. The Artist shall lete the installation fabrication of the Work in conformity with the set in Article I, Section A.1 of this contract. 2. Prior Work, the Artist shall present to the City in writing, a detailed proposed changes. The City shall have the right in its sole absolute approve or disapprove any changes suggested by the Artist. The Arti: Mement changes only with the prior written approval of the City. 3. The City shall have the right ~rogress of the Work at reasonable times, and with advance durin fabrication thereof. The Artist shall submit such reports fthe Work as the City may request. 4. In the design, and documentation of the Work, the Artist shall comply, all a ,licable state and local laws, rnles and regulations, including t Compensation insurance. 5. fabrication and ion of the Work on or before January 5, 2002 'Installation provided this contract has been fully by all parties and the initial on or before April 5, 2001. been hereto by April 5, 2001 comp the date of the execution of this contract. 6. The Artist up to sixty (60) days before the Installation Date, request in writin of the Installation Date. If an extension is granted, the new Installation shall be agreed upon in writing. 2 C. DELIVERY AND iNSTALLATION 1. The Artist shall notify the City in writing, no fewer than 30 days prior to delivery when fabrication of the Work is completed, detailing when the Artist is ready to deliver the Work and install it at the Site. 2. The City shall furnish the Artist with the as built specification of the Site v days of the execution of the agreement. 3. The 3onsible for all expenses, materials, and labor sculpture includin to drill the concrete pad to : the sculpture. The Arti~ install the completed Work at the 4. The City shall ensure e pad on the west entrance of the Pedestrian Mall is clear and accessil ensure the timely The City shall be responsible for a forklil The City shall have available staff to inspect 5. The Artist shall coordinate with the The City shall use its best efforts to arrange to r and/or barricade the Site so as to effectively secure the Site and g installation of the Work. D. POST-INSTALLATION 1. the Artist shall furnish the City a full description of the Work 2. the Artist shall furnish the Ci with a minimum six (6) slides, photographs (and negatives), or digital a disk ~ document the process and development fabrication completion. 3. the Artist shall to the City, written for appropriate maintenance and of the and reinstallation of the Work 4. the City shall provide and install an identification plaque shall include the following informatio: "Jazz" ~ Gary Alsum- Nahonal Sculptors' Guild a City Public Art'Program - 2001 o 2002 3 E. FINAL ACCEPTANCE 1. The Artist shall notify the City in writing when all services required by the Artist under the Contract (including those described in Article I, Section D) have been completed. The Artist shall, prior to final acceptance, provide the City lien and/or claim releases with respect to the Work as the 2. Within Jays of City's receipt of notification by completion pursuant to ~h I of this section, City will inspect that provide Artist notice of any deficiencies. 3. Final acceptance be determined by the City sole and absolute discretion. Such shall constitute the City's. gement that the Work has and installed accordin terms of this Contract. Notice of final acce shall be no later than days from the date of Artist's correction of deficiencies by the City pursuant to subparagraph 2 hereof. 4. The City shall notify the Arti ~ writing of i acceptance of the Work 5. Title of ownership y upon final acceptance. F RISK OF LOSS 1. The risk of loss or damage to be borne by the Artist until final acceptance, and the Artist shall 1 as are necessary to protect the Work and the materials hereto loss or damage and to insure the Work and the materials thereto until 2. The Artist and of the Artis effect and maintain insurance to protect the Artist claims under workers acts; claims for damages because f injury including injury, sickness or disease, or death of any of the employees or of any the Artist's employees; and from for damages because to or destruction of tangible property; loss of use resulting and from claims arising out performance of professional o's caused by errors, omissions, or neglil for which the Artist is le . The City shall be shown as an additi. insured for general liability. 3. The Artist agrel to indemnify, defend and hold Owner its officers, employees, and harmless from any and all loss, cost, dama expense (including attomey's fees and court costs) resulting from, arising out of, or incurred reason of any claims, actions or suits based upon or alleging bodil' :lu~ding death, or property damage arising out of or resulting from Artist's operations, duties or responsibilities under this agreement, whether such be by Artist himself or by any subcontractor or by anyone directly or indirectly employed by the Artist. 4. Upon final acceptance of the Art Work, the Owner shall, to the extent permitted by law, and without waiving any immunities available thereunder and hold harmless the Artist against any and all claims or liabilities made in connection with the Art Work, the site, the project or this except claims OWNER against the Artist and claims which ' occur as a result of the Artist'i each of the warranties provided in Article ] 2OMPENSATION A. PAYMENT i 1. The City shall pay the a fixed fee of $5 which shall constitute full compensation for and materials to and furnished by the Artist under this Contract luding all installation costs related to the Work. This price does not 2. The $51,250.00 fee shall be phases with each installment except the phase I installment to and final payment for all services and materials provided for that a. PhaseI-One-half(: t execution of this Contract. b. Phase 2 - 40% ($20,500.00 of the life-size clay figures but not before July 1, 2001. / c. Phase 3 - 10% ($5,125.00)/ilpon final / B. FEE STATEMENTS / In order to receive the paymG.~y~ts described in clauses and c. above, the Artist shall submit a statement to the . / ARTICLE Ill. TIME ( / A. CITY DELAY ~i!rgees i~ If the Artist is delay d from installing the Work by the Installation ate as a result of action taken by the ity, the City shall reimburse the Artist for a~ 1 rm s ~ortation Artist would have been required to pay in the absence of delay caused by the City. 5 B. NECESSARY DELAY Neither the City nor the Artist shall be penalized under the terms of this Contract for delays caused that are beyond each party's control. Delays each party's control shall consist of: Acts of God Artist Change or state laws affecting the contract Declaration ;tate of Emergency by pectively. C. DEATH OF Artist In the event of the illness or death Artist, Gary Alsum, during the construction and/or the his heirs, family and estate will in no way be responsible for ~letion unfinished Work nor shall they be entitled to the coml: work due under this contract. The National Sculptors' Guild for the completion of the Work through the services Artists, subject to the written approval of the City. ARTICI WARRANTIES A. WARRANTiES OF TITLE I. The that: a. the Work is solely efforts of the Artist; b. except as otherw se disclosed in ' ' to the Work is unique and original and do~snot infringe c. the Work is f~4e and clear of all liens from any source' 2. The warranties described in this Section A shall survive long as the City owns the Wor . a. the Work, as fabricated and installed, will be free of defects in material and wor~krnanship, including any defects of "inherent vice" or qualities which may cause or accelerate deterioration of the Work; and b. reasonable maintenance of the Work will not require procedures in e those described in Article I, Section D, subsection 3. 2. The warranties described in this Section shall survive for a period (3) year after final acceptance of the Work. The City shall give notice t of any observed breach of these warranties with reasonable The Artist shall, at the request of the City, and at no cost to the City, the breach of any such warranties, which is curable and is consistent with :onservation standard (including, for cure by means of of the Work). 3. The Artist on the Work by third parties or whether causes, which exceed those that the desi of the Work should tolerate. This shall include the wear and tear on its in a public area. 4. After final acceptance Work by the City shall hold the Artist harmless from any and all ility or injury to the public, except to the extent covered by the Section B. 1. ARTICLE V. 3HT A. GENERAL The Artist grants to the OWNER and royalty-free, irrevocable license to make two dimensional of the A Work for educational and/or non-commercial purposes, includin not limited to productions used in advertising, calendars, posters, brochures, medi publicity, catalo es, museum, educational and development projects, or other si ar publications, pr vided that these rights are exercised in a professional manner. ' ,~ Artist retains Copyr ht in and to the work under the Copyright Act of 1976, 17 U.S C Section 101, et seq. Eac of the figures comprising the Work in its final location at h~ Site shall be number one of a limited edition. A limited edition is defined herein s consisting of no less than 5 b no more than 10. Any · ' ' ' lacement shall be located no loser than 300 miles / to the n. ev~ location. If the . ist objects to th~ nev~ locaSion, the only remedy .available to 1 not promote the Work as that of the ~ist. Provided however, this provision in no way prohibits the City from tmthBlly responding to inquiries, oral ~d written, as to the n~e of the A~ist. B. IDENTITY OF ARTIST All two-dimensional reproductions by the City shall contain a to the Artist substantially in the following form: Gary Alsum, National Sculptors' Guild, 2001. C. All notices rec shall be in writing and ~, upon the parties as follows: National: C/o Mr. er 2683 N. 80538 Phone No., 015 City of Iowa City C/o City Manager 410 East Washin Iowa City, Iowa 5 319/356-5237 All notices required herein sh served when mailed to each party's last known mailing address. I of each party to inform the other of a change in address. due to a change in address which has not been served }arty, such 's failure to notify shall be deemed a waiver of notice. SUBSEl A. MAINTENANCE The City and the that maintenance of the on a regular basis is essential to the of the Work. Therefore, the shall assure regular maintenance g to the instructions supplied by the as set forth herein under Article I, Seczion D.3. and may take action reasonabl, protect the Work against vandalism. B. REPAiRS AND RExSTORATION After final acceptance of the Work, the Artist may inspect the Work at his own expense and shall notify the City in writing as to the necessity of any repairs. The City may in its discretion consult with the Artist and make the noted repairs. All such consultations shall be without additional cost to the City. C. ALTERATION OF THE WORK The City will not consent to the intentional alteration, modification or change to the Work. The City shall retain the right to sell or donate the Work to a third party. D. WAIVER OF RIGHTS The understands and agrees that the provisions of this shall control over the isions of 17 U.S.C. - 106A (a) and other la~vs the Artist any "moral ri similar rights as to the Work, and shall a waiver by the Artist of any with the exception of copyright, Work set out in or otherwise granted 7 U.S.C. 106A (a) The Artist performs this : an independent and not as an agent or an employee of the City. The Artist maintain furnish all supervision, labor, materials, equipment, supF well as transportation, shipping and installation of the Work. ARTICLE The work and services req culptors' Guild through its Artist, Gary Alsum, under this Contract are personal be assigned, sublet or transferred, except as provided for in Article III C. the Artist shall be allowed to employ qualified personnel who shall ~ under the 2st's supervision. ARTICLE I/~. The Artist shall defend, release, i demnify and save the City against any and all dama. ges to property o injuries to or dea. th of any or pers. ons, and shall or nature, or by anyone whonfisoever, in any way resulting from or a ' ing out of the ARTICLe. TERMINATION & MEDIATION ' A. TERMNATiON 1. This Contract may be terminated by either party, subject to thirty (30) days notice, provided that attempts at mediation as set forth in Section B of this article have failed. 9 a. If either the Artist or the City shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements or stipulations material to this Contract, the other party shall thereupon have the right to terminate this Contract by giving written notice to the defaulting party of its intent to terminate and specifying the grounds for termination. The defaulting party shall have thirty (30) days fter receipt of ~e notice to cure the default. If the default is not cured such time this Contract shall terminate. b. In the of a default by the City, the City shall compensate the Artist Article II for all services the Artist prior to all finished and unfinished sketches, photographs and other prepared and submitted ~repared for submission by the ' this Contract shalI at the its property, provided that no to fabricate or execute shall pass to the City. c. In the event by the Artist, the forfeit the right to any and all remaining due under contract for which Work has not been completed as well herein and any and all limited edition rights . Then and in that event the National Sculptors' Guild shall be Work through the services ect to the written approval of the City. B. MEDIATION If, during the creation of the Work, ts and subsequent existence, any disputes should arise between the ~st and the parties hereto will mediate reasonably acceptable to both pa~/es. of an independent mediator ARTI LE XI. ARTI LE XII. CONFLICT OF LAW ..... otherwise to the States of Colorado and Iowa shall be considered null and void. The valid provisions of this Contract shall be severed from the invalid provisions and remain in effect to the extent possible. 10 ARTICLE XII. COMPLIANCE The Artist shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the Artist's services under this agreement. A. GENERAL TERMS 1. The/M/tists all noy commit. any. of the following and agrees to 2. ause Of race, color, religion, sex, national origih~Ndisability, age, marital status identity, or sexual orientation. 3. To discriminate against individual in term~ conditions, or privileges of eml: color, religion, national origin, disability, age, marital status, 4. It is understood and agreed that ~ retention o by City for the purpose of the Work shall be as an independent be exclusive, but the Artist shall have the right to employ such required for the performance of the Work. 5. It is agreed by the City that all records les pertaining to information needed by the Artist for the Work shall be availabl City upon reasonable request of the Artist. The City agrees to furnish ;istance in the use of these records and files. 6. At the request of City, the Artist Shall attend of the City Council relative to the Work set forth in this Agreement necessary. Any requests made by the City shall be given With reasonable to assure attendance and shall coincide with trips to IoWa City already planned b 7. Should any section of this Agreement be found invalid, it is a that the remaining portion shall be deemed seveFhble from the invalid portion and cont~ues in full force and effect. / 8. Upon signing this agreem nt, Artist acknowledges that Section 362.5 of the Iowa 1 members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory prohibition enumerated in Section 362.5. 11 ARTICLE XIII. CHOICE OF LAW All conflicts, causes of actions and civil disputes shall be filed in the courts of Iowa. ARTICLE XIV. EFFECTIVE DATE The effe~ve date of this Contract shall be the date of approval by a ~arties hereto. Attest to: K~ City of Iowa City Marian K. , ' k Ernest' Mayor (Corporate Seal) ~ \ Attest to: ~ Sculptors' Guild Secretary ade, Executive Director (Corporate Seal) r Alsum, Artist 12 ~/~ PIAR 0 7 2001 City ~U~ AUDITOR Tom Slockett, Johnson County Auditor Johnson County Administration Bldg. 913 S. Dubuque Street iowa City, Iowa 52240 Dear Tom: Enclosed please find the following proceedings and materials for certification of the FY2002 budget for Iowa City, Iowa, july 1, 2001 through June 30, 2002. 1 An original proof and copy of publication of Notice of Public Hearing - Budget Estimate. 2 Resolution No. 01-54 Adopting the FY2002 budget. 3 Two copies of the Adoption of Budget and Certification of taxes (Form 635.1) 4 Two copies of the Adopted Budget Summary (Form 635.2A). 5. Two copies of the Resources Detail (Form 631,B}. 6. Two copies of the Requirements Schedules (Form 631.A pages 1 & 2). 7. Two copies of the Long-Term Debt Schedule (Form 703). If you have any questions please contact Kevin O'Malley, Finance Director at 356-5052 or Deb Mansfield at 356-5051. Sincerely, ~ity of ~o~a D~y Clty ~ler~ Adoption of Budget and certification of City Taxes Fiscal Year July 1, 2001 - June 30. 2002 City Name: Iowa City County Name: Johnson Date Budget Adopted: . 03105101 Regular h 1.920,754,679 ~o 1,875,390.751 6o,148 HAR 0 ? 2001Re. ularpfusT~F(ifnOTtFvaluere-enteF3a 1,9),525.260 3. 1.889.161,332 Ag Land 4. 2.262,120 4b 2.262,120 ~UN~ AUDITOR ~'~ ~"~ Code Request with Prope~ Taxes Sac. Limit Purpose Utili~ Replacement Levied Rate ~ ~ Regular General levy 5 15,558.113 15.190,665 43 ~TEOr$675 Contra~ for use of Bridge '6 ..... ~;~Z;~ ~:~'~ ..... ,2(,o) s95 Opr & Maint pubtidy owned Transit 7 1.824,717 ~;~.~; 1,781.621 ~;~ 45 0.95000 12(11) ~N~ Rent, Ins. Maint of Civic Center 8 ~ ~2~ $.~3s Opr & Maint of City owned Civic Center 9 ~:::~:.~: 0 ~::s 47 0 ~=(~3) ~.m75 Planning a Sanita~ Disposal Project ~o ~;~::.~:~ 0 ~.~ 48 0 12(~4) $27 Aviation Authority (under sec. 330A. 15) , .... 0 ~ 49 0 ~2(,5) ~ N. Joint city-~unty building lease 12 ~:~ 0 s~ ~ 0 ~2(~) smT5 Levee Impr. fund in special charier city 13 ~E~ 0 ~::~::: s~ 0 ~na) __N. LiabifiW. properly & self insurance costs ~4 412 000 .~.~ ~ ~ 402,271 :~ 52 0.21450 ~2(2z) ~N. Suppodofa Local Emgerg.Mgmt. Comm. 462 ~::~E~ 0~E::z:: 465 0 Q(5) ~ vot~ County Bridge ~9 ::~h~:: 12(6} $135 Missi or Missouri River Bridge Const. zo :~:~:~: 0 ~: ~ 0 12(9) $03375 Aid to a Transit Company 2~ 0 :::: s9 0 ~2(2,) s27 Suppod Public Libraw 23 518.604 ~::~:: 506,356 ~; 6, 0.27000 28E.22 $1~ Unified Law Enforcement 24:: 0 ::~ 62 Total General Fund Regular Levies (5 thru 24) 2s 18,313,434 ;~:::::E~ 17,880,913 3~1 s3~375 Ag Land 26 6.795: :::: 6,795 ::::~ 63 3.00375 Total General Fund Tax Levies (25 + 26) 27 18,320,229 ~: 17.887,708 ~;:~E} DONOrAdd ~ e sz7 Emergency (if general fund at levy limit) 28 518.604 :;:: 506,356 ~j~ ~ 0.27000 Total Employee Bene~t Levies (29,30,3f) 32 4.058.982~ 3963,113 :~:~ ~5 2 11322 Sub Total Special Revenue Levies (28+32) 33 4,577.586 ;:: 4.469469 Valuation $~ ASR~ WJthGas&Elec WjthoutGas&Elec :E~E:~/~::Z~]~]~:~E:E~:~::~:Ej~: ::~ E:j~ ..... :::::.::::.::; TOtal Special Revenue Levies (33+38) 39 4.577 586: .~ 4,469,469 ~:: 3~4 AmtN~ Debt Se~ice Levy 76.10(6) 40 5.696.794 40 5,5~3 202 70 2 94480 3~ 7 ASVOt~ Capital Projects (Capital Improv. Resale) 4~ 4~ 0 7~ 0 TO~I Prope~ Taxes (27+39+40+41:42 28594609 .2 27920 379 7~ 14 86252 County Auditor - I cedi~ the budget is in compliance with aZl the following: Adoption of Budget and certification of City Taxes Rscal Year July 1, 2001 - June 30, 2002 City Name: Iowa City County Name: Johnson Date Budget Adopted: 03/06/01 \ 319 356-5041 CountyAudltorDat p January 1, 1999 Property Valuations Population eg Regular 2a 1,920,754,679 2b 60,148 u~ar plus TIF (ff no TIF value re-enter 3, 1,934,525,260 3b B89,161,332 ', Ag Land 4~ 2,262,120 4b 2,262,120 / \ TAXES LEVIED Code ~ Request with Property Taxes Sec. Limit Purpose ~ Utility Replacement Lev~eo Rate 384 1 s81o0e0 Regular Genera levy (384) Non-Voted Other Permissi Lewes ~T~ OF $ 6Z5 Contract for use of Bridge ~2H~ $ ~35 Opr & Maint of City owned CivicSenter 9 / 0 0 12(21) $27 Suppod Public Library / as ~ 518.604 50c Jso s U 2?'000 Total General Fund Tax ~vies (25 + 26) 2z 29 ~ ~ 887.708 } Do Not Add Special ~evenue Leviey Sub Total Sp cial Revenue Levies (28+32) 33 4 469469 Valuation 3844 AmtNec Debt Se~ice Levy 76.10(6) 40 5 696,794 40 5 563.202 70 2 9448U City Council ~ ~[~F~,~}~8~.~,~S~O0I Civic Center Iowa City, IA 52240 O~ Dear Members of the Council: I am writing to urge that you oppose the inclusion of the grant to reduce drag availability in the Iowa City budget (as requested by the Johnson County multi-Agency Drug Task Force and the S.C.A.T unit of the IC Police Department). This grant is a reckless attack on our civil liberties and a waste of public resources. Accepting the grant, which would require the fulfillment of "garbage search" quotas, sacrifices the democratic process. A statement in the grant reads that "the drug of choice in our area appears to-be marijuana." This local War on Marijuana, like our federal War, will not reduce drug use. Given the failure of our well-funded federal War and DARE (with a $700 million annual budget), an $80,000 drug reduction program grounded in arrest quotas, incarceration, and fines cannot possibly reduce drug availability. The Police Department should re-prioritize what illegal activity will be addressed with our limited resources. Alternative and more appropriate law enforcement programs, which the Iowa City Police Department could have applied for (and still can) through the same grant progain include: (1) improving offender rehabilitation through offender assessment and treatment, (2) enhancing youth and family wellness through early intervention, (3) reducing the demand for drugs through substance abuse information dissemination, and (4) reducing crime through crime prevention. Any of these priorities are more prudent and just than a program to reduce the availability of marijuana through the fulfillment of arrest quotas. The quotas for 45 garbage searches and "knock and talks" are in blatant violation of the Fourth Amendment and the City ordinance against door to door sales. The quotas for controlled buys, marijuana offenders, pre-conviction forfeiture, and worst of all the handing of offenders over to the federal government are completely unacceptable. At the very least, the City Manager should remove the quotas from the budget requirements. These quotas represent people and these people do not deserve to be treated like hardened criminals because of a health risk they pose only to themselves. Our current alcohol and drug laws have already disadvantaged marginal groups and severely strained the trust between police officers and citizens. The new quotas will be antagonistic to a mutually respective and friendly relationship between residents and their local public servants. The quotas are in danger of being filled through institutionalized policies such as racial profiling. For example, according to the Leadership Conference on Civil Rights, African-Americans make up 12 percent of the United States population but 38 percent of those arrested for drug offenses and 58 percent of those convicted of drug offenses. Also, the costly fines and minimum prison sentences place a disproportionately greater financial burden on the poor. Furthermore, this "money saving" grant will actually increase costs to taxpayers as the local jail is filled to reach quotas. S/Udies'hi~,e repeaiedly demonstrated that marijuana is not addictire. Marijuana use should be considered a health problem rather than a crime. Studies also show treatment is ten times more cost effective than interdiction in reducing the use of drugs. Marijuana u~e is illegal, but our public resources could be targeted in much more productive ways than filling madjuana quotas. The altemative programs mentioned above provide possible examples of altematives to address health and drug issues in Iowa City. The facts show that the war determined to be waged is doomed to fail. If the grant is not included, the activities specified in the public document should also not be funded with taxpayers money. These activities would devastate lives and set dangerous precedents for privacy rights. Sincerely, Elaine Ditsler ~i~/~u~ilmembe~. ]:~ Home Address: 807 E. Washington, ~4, Iowa City, Iowa 52240 (319)338-8865 BUDGET AMENDMENTS Submitted by Steven Kanner OPERATING BUDGET FOR FISCAL YEAR 2002 (JULY 1, 2001 - JUNE 30, 2002) MAKE THE FOLLOWING CHANGES: 1) ADD $5,452 EXPENDITURE - Aid to Human Service Agencies (see following for breakdown:) - Add: $2,000 to Arc; $2,744 to Domestic Violence Intervention Program; $1,000 to Emergency Housing Program; $2,000 to 4 C's (Child Care); $116 to Free Medical Clinic; $2,144 to Neighborhood Centers of johnson County; $750 to Rape Victim Advocacy Program; $1,000 to Youth Homes. subtotal - $11, 754 - Delete: $1,011 from Big Brothers/Big Sisters; $1,808 from Elderly Services, Inc.; $3,483 tiom MYEP subtotal =$6,302 - 1.2% increase over FY '01(13.4% increase had been requested by all Agencies for FY '02) 2) ADD $20,000 EXPENDITURE - Family Resource Centers Iowa City Schools made request. Provides supervision and activities in part for crucial after-school time period for school age youth. School District would "partner with the City of Iowa City to: Reinstate the Family Resource Center at Grant Wood, Expand after school activities at Mark Twain, Support the family outreach component at Twain as the grant dollars decrease." 3) ADD $10,000 EXPENDITURE - Childcare Expansion Grant to UI COGS - Ask UI to add $10,000 in matching funds. - Ask COGS to add $2,000 in matching funds. - Subsidize low and moderate income parents. - Child Care is listed as major need by the Johnson County Capacity Assessment - Can use Economic Development for even more budget dollar savings: Child Care listed as goal by City Council as part of Economic Development. BUDGET AMENDMENTS Submitted by Steven Kanner Decera pay and adequate childcare for the parents in COGS will spur economic and fiscal growth in Iowa City. 4) ADD $1,460 EXPENDITURE - Child Care at City Council Formal Meetings - $700 to pay childcare worker Use only as on-call basis. Pay $10/hr 20 out 26 meetings worker needed. Work 6:30 to 10:00 PM. - $1,000 for supplies (snacks, paper, crayons, etc.) $50/mtg - $240 collected from Parents/Guardians Pay $2atr./child Figure 3/children/meeting x 20 meetings x 2 hours - Parems/Guardians must reserve childcare use in advance - Can be used by anyone attending meeting (general public, councilors, reporters, etc.) - Parent/Guardian must remain in Civic Center. 5) ADD $20,000 EXPENDITURE - Community Police in Schools - Use for interaction & discussion of issues of safety, community, etc. between police and children in school. - Eliminate ineffective D.A.R.E. program (anti drug/alcohol/smoking program) - Don't bring guns into school (keep as gun-free zones) 6) ADD $51,000 EXPENDITURE - Natural Areas Manager (for Parks and Rec) - Tremendous growth in park acreage. - Well maintained and accessible natural areas are a strong incentive for businesses and workers to relocate to Iowa City. 7) ADD $10,000 EXPENDITURE - Limit Parking Ramp Permit Increase for Seniors at Senior Center (decrease to $5,000 in FY '03 and zero in FY '04) - Increase tiom $6,000 to $10,000 total fees (instead of planned increase to $20,000) - Increase is planned to coincide with new Iowa Ave. Parking Ramp. - Planned increase (to $20,000) raises yearly fee for individual from $10 to $50. - Use extra $10,000 to subsidize those making up to 80% of median income. 8) ADD $3,500 EXPENDITURE - Community Groups/Events - Add: $2,500 for Arts Iowa City $1,000 for UI RiverFest 9) ADD $400,000 EXPENDITURE- Public Transit - Add Sunday service. - Extend highRime service. - Add Routes. - Lower Fares. - Consider implementing Citizen Transportation Commission. -2- BUDGET AMENDMENTS Submitted by Steven Kanner 10) NOT APPLY FOR $64,753 GRANT - Iowa Office of Drug Control, "Edward Byrne Memorial State and Local Law Enforcement Assistance Program Funding" (from U.S. Dept. of Justice) - $48,000 is federal money. - $16,000 is local tax money. - Supplies an officer to Johnson County Drug Task Force. - Objectives in grant application concentrate on odious enforcement measures that follow slippery slope to abridgement of 4t~ amendment rights to privacy: Conduct "45 knock & talks or garbage searches in response to citizen complaints..."; "referring forfeiture proceeds," etc. - Let our police help people by concentrating their efforts on stopping violence, and large drug suppliers. - Can reapply for same grant using different objectives (as listed in grant application form): "Improve Offender Habilitation (Offender Assessment/Treatment)...; Enhance Youth and Family Wellness (Early Intervention and Treatment); Reduce Demand for Drugs (Substance Abuse Information Dissemination)...; Reduce Crime (Crime Prevention...); Increase Offender Accountability (Restitution and Supervision). - From grant application: "Matching Funds (fi'om local, i.e. Iowa City) must be in addition to funds that would otherwise be made available for law enforcement and related activities." 11) SUBTRACT $100,000 EXPENDITURE - Two Police Officers - Remove officer positions by attrition (3~a officer position eliminated in FY '03) - Cut back ($100,000) on proposed increase of $6,754,622 to $7,412,273 - One of two officers is D.A.R.E. officer. Numerous studies have shown program to be long-term ineffective. Iowa City Schools is cutting back on D.A.P~.E. program. Perhaps support other national programs that approach drugs, alcohol & cigarette use in a holistic manner and have shown to be effective. Give D.A.R.E. officer reassignment in police force. -14 Officers added with grants since 1996 - Crime has not decreased at same proportion of police officer increase since 1996. - Nor has population of Iowa City increased at same rate as police officer increase since 1996. - U.S., Iowa and Iowa City population is aging, which is major reason crime rate will/has gone down. - Strong local economy, moderately priced housing, good recreation opportunities, a strong education system and support for human & health services are long term keys to crime reduction. 12) SUBTRACT $5,000 EXPENDITURE - Parks Consultant (Parks & Rcc.) - Ad hoc consultant not needed with Natural Areas Manager hire. 13) SUBTRACT $20,000 EXPENDITURE - ~ Library Network/Data Administrator - Add ½ time new position in FY '02 (instead of full time). -3- BUDGET AMENDMENTS Submitted by Steven Kanner - Make fulltime position in FY '03 as new Library is about to open. 14) SUBTRACT $27,000 EXPENDITURE - Subsidy to Iowa City Airport - Proposed subsidy had been for $87,000. - Less then 27,000 take-offs or landings/year. - Economic & social benefit ofakT~ort to Iowa City is minimal. ~ Airport can replace funding with higher hanger, landing & fuel fees in addition to revenue from North Commercial Development - Phase out IC support to zero next fiscal year ('03). 15) SUBTRACT $25,000 EXPENDITURE - "Economic Development" - Reduce from $174,161 budgeted for FY '02. - Use siginfieant portion of remaining $'s to develop child care and small to medium businesses. - Adhere to previously adopted financial assistance guidelines (high, long-term wages, environment concerns, etc.) when using Economic Development dollars. - Reexamine need for growth in terms of large tax abatement and economic development dollars. Micro grants and loans to small businesses and for human needs are best economic tools. It is unlikely that we will lose our biggest employer - University of Iowa, thus shielding Iowa City from major recession. - Iowa City continues to grow its tax base with over 13% growth in commercial property value from 1999 to 2000 and over 200 news housing starts last year. 16) ADD $600,000 INCOME - Increasing Parking Fees at Lots & Ramps by $.20atr. - Parking/Transit Planners estimate that parking rates can easily be increased by this amount without reducing the amount of people using garages. - Consider raising the rates higher in future years, enough to effect use rate, as greater accessible public transit increases. KANNER'S BUDGET AMENDMENTS OPERATING BUDGET FOR FISCAL YEAR 2002 SAVINGS = $216,000 (approximately) -4- BUDGET AMENDMENTS Submitted by Steven Kanner ) OPERATING BUDGET FOR FISCAL YEAR 2002 (JULY 1, 2001 - JUNE 30, 2002) Amendments: #1) ADD $20,000 EXPENDITURE - Community Service Officers in Schools - Use for interaction & discussion of issues of safety, community, etc. between police and children in school. - Eliminate ineffective D.A.R.E. program (anti drug/alcohol/smoking program) - Don't bring guns into school (keep as gun-free zones) //2) NOT APPLY FOR $64,753 GRANT - Iowa Office of Drug Control, "Edward Byrne Memorial State and Local Law Enforcement Assistance Program Funding" (from U.S. Dept. of Justice) - Keep officer, Add $48,000 (replace lost federal/state money) to Iowa City Budget as expenditure. - $16,000 is local tax money. - Supplies an officer to Johnson County Drug Task Force. - Objectives in grant application concentrate on odious enforcement measures that follow slippery slope to abridgement of 4th amendment fights to privacy: Conduct "45 knock & talks or garbage searches in response to citizen complaints..."; "referring forfeiture proceeds," etc. - Let our police help people by concentrating their efforts on stopping violence, and large drug suppliers. - Can reapply for same grant using different objectives (as listed in grant application form): "Improve Offender Habilitation (Offender Assessment/Treatment)...; Enhance Youth and Family Wellness (Early Intervention and Treatment); Reduce Demand for Drugs (Substance Abuse Information Dissemination)...; Reduce Crime (Crime Prevention...); Increase Offender Accountability (Restitution and Supervision). - From grant application: "Matching Funds (from local, i.e. Iowa City) must be in addition to funds that would otherwise be made available for law enforcement and related activities." SUBTRACT $100,000 EXPENDITURE - Two PoliCe Officers - Remove officer positions by attrition (3ra officer position eliminated in FY '03) - Cut hack ($100,000) on proposed increase of $6,754,622 to $7,412,273 - One of two officers is D.A.R.E. officer. Numerous studies have shown program to be long-term ineffective. Iowa City Schools is cutting back on D.A.R.E. program. ' ' Perhaps support other national programs that approach drugs, alcohol & Cigarette use in a holistic manner and have shown to be effective. Give D.A.R.E. officer reassignment in police force. -14 Officers added with grants since 1996 ~.. BUDGET AMENDMENTS Submitted by Steven Kanner - Crime has not decreased at same proportion of police officer increase since 1996. - Nor has population of Iowa City increased at same rate as police officer increase since 1996. - U.S., Iowa and Iowa City population is aging, which is major reason crime rate will/has gone down. - Strong local economy, moderately priced housing, good recreation opportunities, a strong education system and support for human & health services are long term keys to crime reduction. KANNER'S BUDGET AMENDMENTS OPERATING BUDGET FOR FISCAL YEAR 2002 SAVINGS = $32,000 (approximately) Marian Karr From: caroline dieterie [caroline_dietede@hotmail.com] Sent: Tuesday, February 27, 2001 6:39 PM To: council@iowa-city.org Cc: slangenberg@press-citizen.com; lylem@fyiowa.com; jplambec@blue.weeg.uiowa.edu; adam- white@uiowa.edu Subject: Letter for Council packet for March 5 meeting February 27, 2001 To the City Council: I have asked the City Clerk to include in your packets a copy of the listing of the police grants from 1990-2000. Please note the bottom line of figure of $3,600,099 lawards plus matches over the 10 years) and the number of officers that have been added to the force under these grants. While it is true that the police budget would have necessarily increased somewhat in 10 years - grants or no grants - it seems very doubtful that it would have reached the current proposed figure of $7,412,273, an amount far surpassing the approximately $6 million budget for the City Administration (I.C. Press Citizen, 2/26/01). The situation surely illustrates very well the somewhat hidden danger of successful grant applications: when the grant runs out, local money is usually substituted. This makes the relatively modest-sounding local match money insignificant in the long run, as far as the overall effect for many years to come that the grant actually will have on local taxpayers. Additionally, I am including in this letter some later information gathered after the "Watch the money" post I sent to you earlier, and some conm~ents that have appeared on JCNEWS: Page 10 ("Detailed Budget Justification"} of the Edward Byrne 2000 grant proposal lists under the subheading "Equipment": One Citation 8 Receiver/recorder Kit @$2995.00. The justification is: "Due to frequently encountered problems with body microphones/receivers not clearly documenting the targeted conversation, we are requesting funds for the purchase of a receiver/recorder kit. The equipment will be used exclusively in Task Force activity by the investigators for the purpose of improving case documentation and presentation for prosecution." This is the catalog listing for for a Citation 8: "Receivers (Body Wire) Body Wire Receiver/Recorder With Audio Filter - 100 Channels: Model: Citation 8 $2,995 This new receiver/recorder system is the heart of audio surveillance. Our new improved kit includes a 6 band audio filter that helps filter background noise. The 100 channels allows you to work on tasks forces - just dial in the frequency of any body wire. Works with repeaters. AC/DC operation." It's a body-wire RECEIVER. With a capacity to manage up to 100 different body-wire transmitters during "task forces" operations. Great noise-filtering capability, so probably very useful in places like crowded bars. The Edward Byrne Memorial State and Local Law Enforcement Assistance Program Funding FY2000, Part I - General Information/Application for Assistance: "To the best of my knowledge and belief, all data in this application is 1 true and correct, the document has been duly authorized by the governing body of the applicant, and the applicant will comply with the attached assurances if the assistance is awarded." Signed by Stephen Atkins as Legal Applicant and Rick Wyss, Program Director. NO SIGNATURE by the Mayor or any member of the City Council. There is NO RESOLUTION by the City Council on record authorizing the application for the police grant (GASA) that has the quotas in it - and furthermore, not for any other police grants either. The situation apparently is as follows: 1) The Police Dept. puts the grant(s)in their requested budget; 2) The City Manager does not discuss the Police budget with the Council; 3) Council passes budget; 4) The City Manager uses budget passage as implicit approval of applying for the grant. I ask you to make sure you know which grant applications are being authorized before you pass a City budget. The FY02 police budget under capital expenses lists: "3 new 4X4s - $75,000". The head of the City Motor Pool told me that as far as he knows, the ONLY 4X4's the ICPD has are: 1 Chevy Tahoe - used by the canine unit and slated to be replaced yet in this fiscal year (FY01) - not next (FY02), 2 Ford Explorers - used by Community Services, white - bought in FY01 also to replace 2 old Jeeps. He told me about the police vehicles bought this (FY01) year, squad cars and unmarked cars, and already knew about the $42,000 for 2 new unmarked vehicles for next (FY02) year. I told him about the 2 Chevy Blazer 4X4's currently driven by the City Manager and Police Chief and he said that they were outside the motor pool and he knew nothing about them - that the Police Dept. sits down with the City Manager. to do their own budget. Interestingly, he told me that for FY01 the vehicles bought so far for the police are: 9 Crown Victorias , 2 Impala police cruisers, 2 Chevy Malibus (replacing some of the old Tauruses). Dealers submit sealed bids to get the business. HOWEVER - Comparing the ICPD Summary Financial Plan for FY01-FY03 with the current Summary Financial Plan for FY02-FY04 under the heading Capital Outlay, the following discrepancies are found: FY01 requested: $250,360 FY01; Final Budget: 0 (in FY01-FY03 Plan); FY01 estimate: $14,418 /in FY02-FY04 Plan), Actual FY01 isn't known until after the end of the fiscal year. BUT: one surely doesn't get 9 Crown Victorias, 2 Impala police cruisers, and 2 Chevy Malibus for $14,418. The sheets don't match. And one wonders what the $14,418 "estimate" is based upon? Does it include the $2995 Citation 87 Regarding the "knock-and-talk" (from JCNEWS): "Could you explain this Knock and Talk thing? Coralville police are doing a personal contact campaign with every household in Coralville starting in April. The goal is meant to lead to good relationships and dialogue between residents and police. The police may be in uniform or plainclothes. The chief will also be walking the neighborhoods. I hope this positive step is not taken as a Knock & Talk." "I know some residents in Coralville are nervous about this because if the cops come to their door after they've just taken a hit, smell a waft of marijuana, and go and get a warrant to search the place for drugs on reasonable suspicion, they are going to be in BIG trouble. At least if they act the way the ICPD does when it comes to a resident's door. I remember reading that some of the CPD officers were reluctant to undertake this 'knock and visit' action because they don't expect to be welcomed equally by all residents. If the ICPD were doing this in Iowa City, I would suggest that NO ONE open the door." "It's usually nighttime (DARK time): Knock, knock. Person opens door, sees two Ninja-suited police officers on the stoop. "Hello, ma'am, we're from the ICPD and we've gotten word of an incident in 2 the neighborhood. May we come in and talk to you for a couple of minutes?" Person lets police in. Police then use psychological ploys during the visitation with the resident in order to flush out any drugs that may be in the place. If they suspect nothing early on they split, leaving the resident to believe the cops aren't such bad guys after all. If the psychological ploys lead the Ninja-suiters to suspect something, they pick up the pace and put more pressure on. Quite often they will then walk away with a pipe and a bit of pot. Bingo! Another person's life in misery for a number of months to come. These kinds of Knock and Talks usually come about as a result of an anonymous tip." "Knock and talk is a tactic designed to facilitate a drug bust. Officers, on some sort of suspicion that amounts to less than probable cause (i.e., no warrant is possible) go to the home and engage the resident in a discussion, usually along the lines of "we have reason to believe there are drugs here; we want in; if you agree, we'll just come in and take a look around; if you have nothing to hide, then why not; if you decline, we'll go get a warrant and we'll be tougher on you, etc. etc.) The law does not require officers to educate a person as to his or her rights regarding search and seizure law (like it does under some circumstances regarding interrogation). Quite often, the officer gains entry, conducts a search, and often finds contraband." This activity is apparently quite legal, but I agree with Professor Cox that the vast majority of Iowa City voters would not support it if it were on the ballot; and I also agree with Atty. Rick Zimmerman that it violates the spirit of the 4th Amendment (Bill of Rights). Please direct the City Manager to tell the Police Chief to stop using this procedure immediately. Get your FREE download of MSN Explorer at http://explorer.msn.com Marjan Karr From: Caroline Dieterie [caroline-dieterle@uiowa.edu] Sent: Tuesday, February 27, 2001 12:37 PM To: council@iowa-city.org Subject: Attn. Marian Please put a copy of the e-mail "Follow the money" into the City Council packet for the coming week (meeting of March 5, 2001), and also a copy of the 1990-2000 list of police grants. Thank you - - Caroline · 'CarOline Dieterie, 04:39 PM 2/22/2001-0600, JCNEWS: Watch the money.../thanks to Open Record,, Date: Thu, 22 Feb 2001 16:39:46 -0600 To: JCNEWS@yosemite.leepfrog.com From: Caroline Dieterie <caroline-dieterle@UIOWA. EDU> Subject: JCNEWS: Watch the money.../thanks to Open Records law Cc: lylam@tyiowa.com, cbaldwin@press-citizen.com, slangenberg@press-citizen.com, jplambec@blue.weeg.uiowa.edu, adam-white@UIOWA. EDU Reply-To: jcnews @yosemite. leepfrog .com Some time spent at the County Administration Bldg., the ICPL and the Civic Center has yielded the following information: The City provides a vehicle for the exclusive use of the City Manager. Instead of a vehicle marked "City of Iowa City" with a govemment license plate, the City Manager's vehicle currently is an unmarked, black, 4X4 1999 Chevrolet Blazer with the undercover police license of 924 BJK.** This vehicle was purchased through the ICPD budget in June, 1999, but is maintained under the City Manager's budget (repairs, maintenance, etc.). Police cars are 'recycled' after 60,000 (which happens about every two years, since they are driven daily on all shifts); however, the vehicle the City Manager uses is not ddven as many miles per day, so at some point the vehicle he drives is given to the police for undercover use for the rest of the time the City owns it. The proposed FY02 ICPD budget includes $42,000 for 2 new unmarked vehicles. The reason given forthe use of an unmarked vehicle by the City Manager is that he needs it to perform surveillance on other City employees: i.e., to cruise undetected past places where work is being done by city employees to inspect them and check for compliance with city policy. **License plates with the letters BJK and BJP are used by ICPD undercover vehicles - many of them Ford Taurusas. Undercover police license plates are NOT traceable on the computer system used by the Motor Vehicle Dept. The FY01 salary of the City Manager is approximately $125,000. Up from $118,640 in FY00. The salary of the Chief of Police is approximately $98,600. Up from $86,418 in FY00. If both the City Manager and Chief of Police receive the Citys projected approximately 3% salary increase to reflect inflation, only, their FY02 salaries will be, respectively, $128,750 and $101,350. For FY01: The salary of the highest paid Johnson County official, the County Attorney, is currently $80,000. The Sheriff of Johnson County is paid $87,000. He provides law enforcement for 640 square miles, 900 miles of road, does water rescues, runs the jail, oversees the CMI processes office, the Hazmat team, and CMI Defense. The salary of the Coralvilla Chief of Police is approx. $60,000. The Chief of Police for Cedar Rapids is paid $80,000 in FY01; he oversees a force of 201 Printed for Caroline Dieterie <caroline-dieterle~ulowa.edu> I Caroline Dieterie, 04:39 PM 2/22/2001-0600, JCNEWS: Watch the money.../thanks to Open Record,, officers. Cedar Rapid's pop. is about 115,000. Iowa City has a police force of 79 officers and a population of approx. 60,000. The salary of an Iowa City Maintenance Worker III (experienced garbage collector and much appreciated city employee) is approx. $35,000. The FY00 salary of the head of the Drug Task Force (the team sifting through citizens' garbage looking for 'evidence') was $55,288; the SCAT (Special Crimes Action Team) offk;ers he supervisas: about $42,000 each. E-mail addressas of City Council members: connie_cham pion@iowa-city. org, dee_vanderheef@iowa-city.org, emie_lehman@iowa-city.org, ross_wilbum@iowa-city. org, ipfab~avalon.net, m ike_edonnall@iowa-city.org Printed for Caroline Dieterie <caroline-dieterle~uiowa.edu> 2 IOWA CITY POLICE DEPARTMENT GRANT LISTING L"lr ,hr, (1990- 2000) Year &Grant $ Awarded Match Total Grant Expires To be used for: 1990 GASA, Drug Control $ 26,149 $ $ 26,149 06/30/91 1 officers wages, benefits, overtime 1991 GASA, Drug Control $ 77,544 $ $ 77,544 06/30/92 I officers wages. benefits, overtime 1992 GASA, Drug Control $ 67,945 $ $ 67,945 06/30/93 1 officers wages, benefits, overtime, operating expenses 1992 GASA SAFE/Crime Prevention $ 9,150 $ 1,525 $ 10,675 09/30/95 Promote crime prevention (neighborhood watch) 1993 GASA, Drug Control $ 72,255 $ $ 72,255 06/30/94 I officers wages, benefits, overtime, training, operating expenses 1993 GTSB, Occupant Restraint $ 3,750 $ 1,250 $ 5,000 10/01/93 Overtime patrol & educational matertars 1993 GTSB, Police Traffic Se~ices $ 10,300 $ 5,211 $ 15,511 09/30/93 Pad-time bike officers, training, printing. maintenance 1994 GASA Drug Control $ 61,399 $ $ 61,399 06/30/95 1 officers wages, benefits 1995 GASA, Drug Control $ 60,138 $ $ 60,138 06/30/96 1 officers wages, benefits, operating expenses 1995 COPS More '96 - Phase 1 $ 981,960 $ $ 981,960 09/30/00 6 officers wages and benefits 1996 GASA, Drug Control $ 64,595 $ $ 64,595 06/30/97 1 officers wages, benefits, ovenline, operating expenses 1996 LLEB Grant $ 34,993 $ $ 34,993 09/30/98 Computers 1997 GASA, Drug Control $ 63,420 $ $ 63,420 06/30/98 1 officers wages, benefits, overtime, operating expenses 1997 COPS More '96 $ 367,500 $122,500 $ 490,000 05/31/98 Technology &Equipment (Computers/Se~ers/Mobiles) 1997 STOP Violence Against Women $ 54,143 $ 18,048 $ 72,191 06/30/98 1 officers wages & benefits 1998 GTSB, Alcohol Incentive $ 13,000 $ $ 13,000 10/01/98 Ovedime, Irathing 1998 GASA, Drug Control $ 66,046 $ $ 66,046 06/30/99 1 officers wages, benefiis, overtime, operating expenses 1998 LLEBG $ 76,796 $ 8,533 $ 85,329 09/30/00 Oredime and 17 in-car video cameras 1998 STOP Violence Against Women $ 41,510 $ 13,837 $ 55,347 06/30/99 1 officers wages & benefits 1999 GTSB, Police Traffic Se~ices $ 2,500 $ $ 2,500 11/01/99 1 Laser Quick Map Computer System 1999 GTSB, Alcohol Incentive $ 15,000 $ $ 15,000 10/01/99 Oredime, training, I in-car video system 1999 GASA, Drug Control $ ~8,374 $ 16,125 $ 64,499 06/30/00 I officers wages, benefits, ovedime, operating expenses 1999 LLEBG $ 74,000 $ 8,304 $ 82,304 09/30/01 Communications Equipment Upgrade 1999 Universal Hiring $ 450,000 $ 380,628 $ 830,628 10/31/01 6 officers wages and benefits 1999 STOP Violence Against Women $ 31,822 $ 10,607 $ 42,429 06/30/00 I officers wages & benefits 2000 GTSB, Alcohol Traffic Enforcement $ 21,000 $ $ 21,000 10/01/00 Alcohol Rerated Traffic Enforcement ovenline 2000 GASA, Drug Control $ 48,565 $ 16, 188 $ 64,753 06/30/01 1 officers wages, benefits, overlime 2000 Bulletproof Vest Parnership $ 4,515 $ $ 4,515 06/30/00 Bulletproof vests 2000 LLEBG $ 80,000 $ 8,898 $ 88,898 09/30/02 Communications Equipment Upgrade 2000 STOP Violence Against Women $ 29,307 $ 9,769 $ 39,076 06/30/01 1 officers wages, benefits 2001 GTSB, Alcohol Traffic Enforcement $ 21,000 $ $ 21,000 10/01/01 Alcohol Related Traffic Enforcement oredime TOTAL GRANTS $2,978,676 $613,437 $3,600,099 GASA = Governors Alliance on Substance Abuse GTSB = Governors Traffic Safety Bureau LLEBG = Local Law Enforcement Block Grant Updated 10/04/00 Knoxville:. :',to Knoxv~le, state urged '"' drug unit li, KNOXVILLE, fr0mPagelBthat we can no ]onger incarcerate, ~way~ffie~o~" ~ 1~ ~e ~d ~s. he ~ '~, ~ Grav~ d ~ M~5, ~e pro~ ~e ~t- F~gt of ~e Iowa ~ate ~ m~t~nterw~d~at~ ::~fio~ w~ c~ of t~ the I~a ~ent d ~c ~ g~ ~dud~ ~, l~- ~ offenders w~d r~e ~ laths, ~ ~ r6ch~ mon~ of ~ent ea~ y~ ~ ~d ~er offid~ who r~i~ ~ flte~e to ~, ~e pr~ ~a's ~o~ pr~m. ~ w~ ~d ~n ~ ~ ~ 7~ ~t~, Grav~ ~d. ~ Ka~ ~d me ~h of ofthe~forf~erF~k Iowa'sp~n~fion~ xo~. -~ ~o ~ ~t ~- ~..~t~ ~ ~ t~ fo~ ~ population m~W corr~om progr~ w~e the ~ate fa~ a ~ ~ ~ ~. Tm V~ ~d .Workeffiden~,he~ for~.~e~ent ~ I~a ~e to Yhenumberoflowa "~ a~ h a k~ favor of ~' o~ra~g ~ ~ ~ a 1~ ~ inmates is proj~ to ~ve ~ off~ ~e ~q ~ ~ ~er to~ol~ 2010. ~tos~E~t~ve squeezed ~ca~e of huge I~ to r~ of ~o~on or ~ ~ ~W ~s, he ~ ~ ~ w~d ~rate ~d~e's 12,0~ ~ole, ~av5 ~ Repoder WIlliam Pe~skl can be inched V~ h at (515) 2H-8H7 or ~h~on~e~ve~nclud~ petmskl~nem.dmmg.Hm f~ ~t. ~e 10,0~ ~d~e~~- ~ ~ f~ r~- 4, O~ ~l~a's~ ~d~~ :: ~d ~ ~t~ ~ 2, ~0 - ,: ~ ~ ~ate ]~ 0 ~d o~ ~d I~a ~ ~UnCE:IowaDM~M "~' ~o~e," ~ told ~e c :, I~a ~ of ~o~ on ' ' F~y. I~a's m ~ ~ a~s ~me ~ ~ aid other f~m~f~l~a ~ m ~ n~ to to ~d ~ ~ m ~ I~a's ~w~ ~ ~ hws. Iowa t~payers a~ut ~t~ w~d ~ ~ See KN0~ILLE, Page 3B Marian Karr From: Martha Greet [martha-greer@uiowa.edu] Sent: Monday. March 05, 2001 3:39 PM To: connie_champion@iowa-city. org; dee_vanderhoef@iowa-city.org; ernie_lehman@iowa- city.org; ross_wilburn@iowa-city.org; ipfab@avalon.net; mike_odonnell@iowa-city.org; council@iowa-city.org Subject: Police Budget I am writing to ask that the council carefully consider the proposed budget for the Iowa City Police Department. As a resident of Iowa City I have become increasingly concerned with the policies of the Iowa City Police Department, especially the practice of "knock and talk" and garbage searches conducted as follow up to anonymous tips. My understanding is that such searches have been determined to be legal by the courts. As a citizen I would question that interpretation by our courts. More importantly, however, I would ask that each of you contemplate exactly how you envision our population being served by our police department. There can be a vast difference between what is legal and what is fundamentally right for a community. Should our cormnunity be taking this interpretation of a citizen's Fourth Amendment rights and applying it in the extreme to everyday police practice? What does this signify for our community's ultimate relationship to the police department? Do you, as a council, want to promote the increasingly adverse feelings that the citizenry is developing for the ICPD? More to the point, do you want to promote the increasingly adversarial feelings that the ICPD is displaying toward the citizens it is charged with protecting and serving? In the schools and through various public service messages in the media my 7-year-old son is taught that police are to be trusted. If he is in trouble, he is told to seek out the assistance of a police officer. What then, given the current climate, do you propose I teach my son to do if an officer rings our doorbell? How do I teach him that the police are safe as long as they aren't on our doorstep asking for help with a 'neighborhood problem'? How do I convey that police might lie when they come to our door? I have a great deal of respect for the men and women who chose to serve their communities through law enforcement. It can be a thankless and dangerous job. I am, however, finding it difficult to respect the policies that these officers are enforcing, in part through your endorsement as a council. I urge you to consider your position carefully. This is not simply an issue of grants, quotas and drugs. This is an issue of quality of life, of liberty and of trust. Respectfully, Martha Sixt Greer 530 S. Governor St - Iowa City, IA 52240 ' - .... 319 338-9362 Marian Karr From: Martha Greer [martha-greer@uiowa.edu] Sent: Monday, March 05, 2001 3:39 PM To: connie_champion@iowa-city.org; dee_vanderhoef@iowa-city.org; ernie_lehman@iowa- city.org; ross_wilburn@iowa-city,org; ipfab@avalon.net; mike_odonnell@iowa-city,org; council@iowa-city.org Subject: Police Budget I am writing to ask that the council carefully consider the proposed budget for the Iowa City Police Department. As a resident of Iowa City I have become increasingly concerned with the policies of the Iowa City Police Department, especially the practice of "knock and talk" and garbage searches conducted as follow up to anonymous tips. My understanding is that such searches have been determined to be legal by the courts. As a citizen I would question that interpretation by our courts. More importantly, however, I would ask that each of you contemplate exactly how you envision our population being served by our police department. There can be a vast difference between what is legal and what is fundamentally right for a community. Should our community be taking this interpretation of a citizen's Fourth Amendment rights and applying it in the extreme to everyday police practice? What does this signify for our community's ultimate relationship to the police department? Do you, as a council, want to promote the increasingly adverse feelings that the citizenry is developing for the ICPD? More to the point, do you want to promote the increasingly adversarial feelings that the ICPD is displaying toward the citizens it is charged with protecting and serving? In the schools and through various public service messages in the media my 7-year-old son is taught that police are to be trusted. If he is in trouble, he is told to seek out the assistance of a police officer. What then, given the current climate, do you propose I teach my son to do if an officer rings our doorbell? How do I teach him that the police are safe as long as they aren't on our doorstep asking for help with a 'neighborhood problem'? How do I convey that police might lie when they come to our door? I have a great deal of respect for the men and women who chose to serve their communities through law enforcement. It can be a thankless and dangerous job. I am, however, finding it difficult to respect the policies that these officers are enforcing, in part through your endorsement as a council. I urge you to consider your position carefully. This is not simply an issue of grants, quotas and drugs. This is an issue of quality of life, of liberty and of trust. Respectfully, Martha Sixt Greer ~' 530 S. Governor St Iowa City, IA 52240 319 338-9362 ?~ ~ ;~2~$ March 2, 2001 Drugs can cad studcat's f ancial aid the law, w~ch m~y educators Students convicted of dfu~ By STACI HUPP convid~ of ~g offe~ ad ~g co~elors view ~ ~- offenses risk losinS their aE~STER'S ~ES SUaE~U ~k l~ thek f~ad~ c r i m i n a t o r y a n d financial aid under a federal law Ames, Is. -- ~p~ ~d~der a feder~ law that co~terpr~uctive. that went into e~ect this year. ~Hce say they ~ught Iowa t~k eff~ t~ ye~. BI~- "~ law repr~ents the win' on Number of dru9 arrests made State U~versi~ fr~ s~, 20, de~n~ on ~dent ~s ~ ~ its hysteria," s~d ~n by Iowa State U niversity K~ Blade with m~i- lo~ to get though sch~L Stone, ~tor of the Iowa Civil campus police: ~aa ~ ~ dor~to~ "It's one t~g to p~h H~$ U~on. ~e ne~ a new r~m l~ month. some~y," s~d Bl~, approack" 1997 i;a 25 ~ere's more at st~e of Om~a. "It's ao~er ~e HRle-~own law de~es or 1998 EaS~a 36 tha a cr~ r~ord. ~g to t~e away the~ delays federal financial aid, Blade, who ~ aw~t~g a fu~e.' ~clu~g grits, 1~ or work 1999 ~ 30 co~ date, says he ~ght A ~tionwide c~p~gn pr~r~. Students ~e ineligible 2000 ..... 54 n~d to ~op out of sch~l ff headed ~ a Msach~e~s for one ye~ ~ter ~ek f~st ~g convict. Ssion conviSion. M~tipie SOURCE: Isu's Degasmeat of ~Hege ~dents who ~e S~e AID, page 7A mnvictiom me~ ~def~te ~eH- THE REGISTER gib~. Pennties ~e stricter for students mnvicted of se~g ~gs. priv ~ege, ~d it ca ~ forfeit~ by ~e ~n~ti~ co~d "~ck out a bre~g the law." whole lot of ~ple,' s~d BI~, "De~ of such f~ci~ ~d who sm~$~Hti~sdence. doesn't deny ~ ~&vidu~ the "M~iju~a's ~e~here,' he ch~ce to attend college,' Grsley ~d. "I ~ow ~ys ~g a 3.9 s~d. "Many students go t~ough k college without goverment s~- grade~t av~age who smo ~ ' we~ ~eW day 1~ sem~ter." t~ce, ~tead relying on the~ At ISU, ~ce m~t re~rt ~g f~es or on wor~g to ~y thek offe~ and other ~ to the own way." Dea of Students office. Students ~r~ Jaeger, &ector of ISUs ~e r~mible for re~rt~g ~g Dep~ment of ~bHc S~eW, ~d convi~om on a fin~cia[ ~d form drag ~rests have so~ed ~ r~ent due each J~u~, ISU offici~s years. His dep~ment's stat~ti~ s~d. ~e r~ ~e checked don't reflect cap~ ~rests made ag~t a ~ta~e m~t~ by by Ames ~Hce or Sto~ ~ the f~er~ goverment. sherfff's officiO. ~venW ~rcent of ISU students A widespread effort to ~ the f~out the~d form~ch ye~.One law h~ ~en st~ ~ U.5. Rep. 1SU student l~t f~ci~ ~d t~ B~ney Fr~, D-Ms. Students at ye~ ~e of the new law, s~d ~I ~w~g, &~or of the 75 colleges ad ~versi~$ have f~ci~ ~d oilice at ISU. joked the protest by o~g F~ci~ ~d offici~ at m~y chapters of Students for ~mible ~versiti~ ~e t~g to help Drag PollS. No Iowa sch~ ~e ove~n the leg~lation, s~d ~volv~ in the group. ~w~. Stone com~ the law to a b~ U.S. ~n. Tom H~, D-Ia., psed l~t ye~ that ~ows Iowa vot~ for the law on the con~tion college offici~ the option of noti- t~t students rega eHgib~W for fy~g p~ents when the~ c~en f~ci~ ~d ff they go t~ough a violate sch~l ~cohol ~ci~. re~b~tation progra, a s~k~- "~ey're t~ing to cle~e the a for H~'s office ad. coBege cap~es of thek vice," ~n, ~1~ Gr~sley, R-Ia., Stone said. "It's the new ~ f~er~ f~d~ ~d ~a ~oMbition.' .-' ;::o'resfers Lead Cops On Wild Race To The Tune Of 'Dew Must Go Now' -:.:..::.!i!:::.!::;j ........:.,fr S f a r t e d A s A C a I m D a y But Soon 18 Were In Jail' EDITOR'S NOTE: This account of phone and accused the American poe- The demonstrators descended, char, tint Tuesday's demonstration was compiled pie of being more concerned with their "Stop Dew Now," and moved to the are~ by City Editor Sally AIr based upon re- personal comforts than with human lives. south of the Union, wilere members o[ th~ pods from Editorial Page Editor Don He then said, "I'm going to stop Dew Citizens Committee Against the War .jr Yager, and Staff Writers Ted Henry, today -- on this campus." ¥ietnanl, who had also picketed/vlonday Roy petty, Sue Hoevan, Chary] Arvld- /~torris then walked off the terrace and contknued their walk back and forth· son and John Bailey. headed for the south entrance of the Union. Aboul noon, the group of demonstrators, The day began calmly enough. It was Several dozen persons followed him. now grown to about i25, marched from v/arm, it was clear, and a peaceful rally The group walked ap the side staircase the Union, ap the Jefferson Street hill, was being concincted en lhe Union patio. to the second floor of the Union. iMorris across the Pentacrest, east on Iowa Ave- By 4 p.m., 18 persons had been arrested, led them down a wide corridor next to the hue, soalh on Dubuque Street and east on more than 100 law enforcement officers New Ballroom and turned right down a Washington Street. Their route took them had been led on wild goose chases around ,. much narrower corridor. to the Civic Center, which houses the Iowa campus and througb Iowa City, and num- Someone yelled "run" and everyone did City Police Department. ereus persons had been introduced to a just that. But police anti sheriff officials The group was led by Albert G. Marion, cbemical spray called Mace. had gotten there first. G, North Liberty, who had a bullhorn, and About 10 p.m., two University buses Bruce A. Clark, At, Des Moines. The rally, which was against the Vial- with about 100 deputies,from Scott, Linn, As tha protesters marched past.the namese ~var in general and Dew Chemical Johnson, and Black Hawk countries had Civic Center} they were confronted by Co. in particular. was artended by about arrived at Campus Security headquarters. 15 Johnson County sheriff's officers. 200 personS. Do:v Chemical Co was at the They ',,,'ere wearing riot helmets and car- Marlan was pulled from the llne 'by Besthess an4 Placement Office of the rying "batons," or night sticks. officers and was arrested. His bullhorn Union Monday?' and Tuesday intervieo.'ing During the day, officers from Iowa was confiscated. ' prospective recruitcos. City police, Louisa County and Evansdale, About 1E:30 p.m., Mrs. Rdy Harvey, Bow Chemical Co. mamlfactures napaim a saburb of Waterloo, also were on cam- Route 1, ran toward the Civic Center with nsed in the Viehmmese war. pus, as well as members of the state a dead rat and threw it at officers. She The mood of the rally changed when a police. was arrested and carried, while strag- yetrag Air Force veteran took the micro- As the group led by Morris reached the gling, into the Civic Center. Mrs. Harvey phone. He was Steve Morris, who on Oct. wider corridor, a policeman had caught ripped a camera from areand her neck 16 turned in his draft card to a fedteral one of the protesters and wrestled him to and handed it to another demonstrator, marshal bl Cedar Rapids On Nov. 1 he the floor. He accused the be.',' of assault- ,,,v.b~o _r_a.p with it. tvg~ On~ hf i~ damenob'stern arrested for ing an officer, and his night stick added The group of demonstrators returned to ROUGED UP BY JOHNSON COUNTY SHERIFF'S DEPUTIES, the Civil Confer, is escr~ed inside. She was charge.d With resist- emphasis to the words. the Union Wheel Room, where they re- campus. The first policeman had caught the grouped. They then headed for the head- Mrs. Korea Harvey, who allegedly threw a rat on the steps of lag an officer and disorderly conduct. Morris stood in front of the micro- youth he was chasing and had him by quarters of Campus Security. The build- the scruff of the neck. At the police led ing was surrounded by officers from. a ~ ~-, the other demonstrators shouted obsceni- G. Grant, G. St, Louis, Me., who pigs" and "Nazi bastards," was dragged by dfficers to the middle of Meanwhile, another group of demonstrot- the street and, prior lo being ar! ~ed, .~ torn had been confronted by police in the was sprayed with Mace and hit with aight hall from the Union Wheel goo!n and the sticks. Bast lobby. Bystanders said that night Jerry Sies, A4, Valley Stream, N.Y., · sticks had been used on at least one dam- was also arrested and dragged into the Servin~ the Univer.sitV of Ionza and l/ze Peolde of Iowa Citu onstrator. Security Force Building. In both~ incidents in the Union, law en- Durblg the disturbance, Francis SUep- tggtaD:IMI:':I lq 1838 10 cents a copy Associated Press Leased Wire and Wh'enhoto Iowa City, Iowa 52240--Wednesday, December 6; 1967 forcement officials used the chemical pal, Johnson County deputy sheriff, coi- npray Mace to subdue demonsh'ators. Macelapsad inside the bailcling and was taken has effects similar to tear gas. Demon-tly ambulance to a local hospital, where -Permanent Fund Debated Protesters Plan ,trotors iater ,.sad ,,~eline ,o pro,e¢the .'as trealed and ,'ele.sed. ~ : their eyes from Mace, ~hich they saktDeaqonstrators lnoved on to UniverSity has effects ]astitlg aimut 15 minutes. "" '" T D,, n .,.i.i,e ,h..',,d.n b..i,ont...'.-:'c t.k!.., "' "' "' \;~a'~.0...,:. ,',., .... 'q)'x ~,r d~'~ &t~ ~4~ ~ t ~ ~ ff ' ~ I,-iiee chieL collapsed at the Division of want ~ it" (M L. i{oit, dean of st,dent Streakers flash campus..oagain , News Editor impossible to make, dozens of several streaking incidents blocked traffic on Clinton Street "it would appear to us ¢Carnpus streakers ran at intervals were reported. The crowd for brief periods of time. S~urity ) that it is a violation o~ ~ :: .' Tuesday's streak-in proved to through the Pentsorest crowd of moved across the Iowa River to - was to come as over 1,0~ per- women and chars from men. tivities between Burge and the UI administration Disorderly conduct could in- ~ns at one time crowded the Wednesday's streak ~gan at Daum dormitories, and after a developed a ~licy statement on elude "behavior that is often- Pentacrest Wednesday night to approximately 9 p.m. when per- 15 minute pause for chanting campus streaMng which was sire to others, bl~king a street k " Tumer's statement Although the Penmcrest crowd middle of Clinton Street and on- earlier in the day that' did not appear to be "offended" ~" to the Pentacrest. ".strea~ing is ~ffeetly legal" - Students crowded thestairsof since the Iowa Supreme Court by the streakers. D~ley said a ' " Old Capitol and congregated at recently ruled two of the state's disorderly conduct charge "has the foot of the buildling as obscenity and lewdness laws nothing to do with whether a ;-. streakers rushed ao~ the steps were unconstitutional because group of people t~nks it offen- ~ and through the multitudes. The they are "too va~e." sire." A crowd could concur with an e~ent 'that is illegal. he crowd chanted for more, Sang The statement said that as a said. "Streak, streak, streak for result of the court's decision, When asked if any member of Iowa," and urged others in the streaking, "while offensive." is the community had complained ' :~:]' '/ crowd to ~isrobe. no longer ~lawful. It added. a~ut the streaking activities. Students said they joined the however, 'that if streaking on D~ley respondea "no corn- '" ': group "for a show" or to see ' the UI campus is accomoaa ed meat." He also said that the ac- ' "what was happening," and a by activ ty that is illegal Lhen tivities of streakers could be of- carnival atmosphere prevailed. the university can take ap- fensire and that Campus An the trappings of propriate actidns. Security viewed the activity as ,' ~[. yesteryear's demonstrations HowardSokol. assstamt~the disorderly.conduct., were present except for the ten- vice president. termed illegal ?uesday night's streak-in sion and lines of riot-equipped activities as including disor- resulted in one arrest. Chuck police. derly conduct, disturbing the Hanson, 20, 3~ N. Riverside The police were present, peace and crest ng disruptions Dr., A3, was picked up by police ~ however. Iowa City and Cam- encampus. atl2:IOa.m. onthel0blockotE. ' - pus Security officers mingled He explain~ th~ the Un vet- Blodmington St, He was with the crowd and skirted the sity won d not arrest persons for charged with' disorderly con- periphery of the action. Johnson streaking, but this did not mean duct "by ex~sing himself." County sheriffs' and Highway the university 4vould not do HansonPosteda~5~ndand is Patrol . vehicles were also anything if illegal conduct oe- scheduled to appear in ~ patrolling the streets. At press curred.' Magistrate's Court on'Mar. 14. time the DI was told by a police After one male was picked up UI's activities were mirrored . spokesperson that ap- by Campus ~curity officers on other Iowa campuses ~ ' proximately seven people were and taken to Iowa City police Tuesday night as 60 streakers ~ ~ken to thepolices~tion, some headquarters for ~oking, John were sightd~ at Iowa State ~ ~ ~ of whom were charged with DoeIcy, director of the depart- University, 50 streakers at ._ ~:.-.:;~;:,: ~rderly conduct. Iowa City, meat for transportation and Drake University n Des : ~mpus Security and sheriffs' security, said the alleged Moines, 10 from William Penn officers were' involved in the streaker was probably charged College in Oskaloosa, and 20 at arrests. with disorderly conduct. the Un versify of No~hern Iowa Law enforcement- vehicles Although he sai4 streaking i~ Cedar Falls. ,-. 'I kaoa wha meant' I03-05-01 16 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. 01-55 RESOLUTION APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 2002 THROUGH 2004 AND THE MULTI- YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2005. WHEREAS, the City Council of the City of Iowa City deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt a three-year Financial Plan for operations and a multi-year Capital Improvements Program budget; and WHEREAS, the three-year Financial Plan and multi-year Capital Improvements Program are subject to annual review and revisions; and WHEREAS, a public hearing was held on February 20, 2001, at regularly scheduled City Council meetings and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council of the City of Iowa City does hereby adopt the three-year Financial Plan for the Fiscal Years 2002 through 2004 and the multi-year Capital Improvements Program through Fiscal Year 2005. 2. This Resolution is an expression of the Council's legislative intent for planning future operation and capital improvements for the City of Iowa City, Iowa; and the anticipated means of financing said plan, subject to applicable laws. Passed and approved this 5t.h day of , . MAYOR ' finadm~res\finplan.doc Resolution No. 01-55 Page 2 It was moved by Charnp~ on and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X . Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum BUDGET AMENDMENTS MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR '05 MAKE THE FOLLOWING CHANGES: 1) REMOVE $12,000,000 EXPENDITURE - Planned Burlington St. Parking Ramp ("Transit Intermodal Facility") (FY '02 - '04) - $1,700,000 in local funds budgeted. ($700,000 - FY '02, $700,000 - '03, $300,000 - '04) - $700,000 local funds spent (FY '01) - $9,600,000 in federal funds. - This will be 450-600 space ramp with childcare center and Greyhound station. - Two large parking ramps already across the street. - Traffic planners say that they cannot determine if there is a parking need for this ramp at present time. Other ramps are not full. - Ramp discourages increased public transit and encourages more traffic congestion, smog and sprawl. - Make plan to suppor~ downtown childcare center. 2) REMOVE $2,000,000 - $4,000,000 EXPENDITURE - Dodge St. Reconstr - I80/Governor (FY '02 & '03) - Cut budgeted $100,000 in local funds in half to $50,000. (FY '03) - $500,000 had been budgeted in FY '02 (Almost all federal funds.) - $5,600,000 had been budgeted for FY '03 (Almost all federal funds.) - Do Spot Improvements instead of expansion to three or four lanes Add stop light at Prairie duChien and possibly at Hy-vee (near Dubuque Rd.) - Traffic projected through 2025 to go down on stretch of Dodge from Governor to Captain Irish Pkwy with opening of First Ave. extended - Explore increased public transportation between commuters from north into Iowa City. 3) REMOVE $7,533,000 EXPENDITURE - Mormon Trek - Hwy 1 to Hwy 921 (FY '03 - '05) - Move this project ont of Capitol Improvement Plan into unfunded category. - $5,633,000 in local funds ($700,000 - FY '03, $2,000,000 - '04, $2,933,000 - '05) - $2,600,000 total had been budgeted for FY '03 - $2,000,000 had been budgeted for FY '04. - $2,933,000 had been budgeted for FY '05. - Above includes: $1,000,000 from Economic Development Initiative (G.O. Bonds) $1,900,000 from STP (controlled by JCCOGS) - All but $1,900,000 are local funds 4) DELAY First Ave. Extended Start - from FY '01 to FY '02 - Do bids in Spring, 2002 (FY '02); Build in FY '02 & '03 - Budget $200,000 in FY '02 (Road Use taxes) - Budget $500,000 in FY '03 ($400,000 local, $100,000 Road Use taxes) - Stick with compromise of March 7, 2000. 5) DELAY Captain Irish Pkwy -ACT/Roch .from FY '02 to FY '03 BUDGET AMENDMENTS Submitted by Steven Kanner - Budget $4,000,000 in FY '03 - Budget $2,000,000 in FY '04 6) REMOVE $200,000 EACH YEAR - "Economic Development" (FY '02 - FY '05) - Reduce each year. From: - $700,000 in FY '02 (to $500,000) - $600,000 in FY '03 (to $400,000) - $700,000 in FY '04 (to $500,000) - $700,000 in FY '05 (to $500,000) 7) ADD $100,000 INCOME - from the Airport to Pay off Airport Related G.O. Debt - FY '02 - Use revenue from North Commercial Airport Development. - Pay offlowa City incurred North Commercial Debt plus previous Iowa City Airport improvement incurred debt (over $400,000 per year) 8) ADD $200,000 INCOME - from the Airport to pay off Airport Related G.O. Debt - FY '03 - Use revenue fi'om North Commercial Airport Development. - Pay offlowa City incurred North Commercial Debt plus previous Iowa City Airport improvement incurred debt (over $400,000 per year) 9) ADD $400,000 INCOME - from the Airport to pay off Airport Related G.O. Debt - FY '04 - Use revenue from North Commercial Airport Development. - Pay off Iowa City incurred North Commercial Debt plus previous Iowa City Airport improvement incurred debt (over $400,000 per year) 10) ADD $400,000 INCOME - from the Airport to pay off Airport Related G.O. Debt- FY '05 - Use revenue from North Commercial Airport Development. - Pay off Iowa City incurred North Commercial Debt plus previous Iowa City Airport improvement incurred debt (over $400,000 per year) KANNER'S BUDGET AMENDMENTS MUL TI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR '05 SAVINGS (approximately) = FY '02 FY '03 FY '04 FY '05 $4,500,000 $750,000 $500,000 $3,533,000 -6- BUDGET AMENDMENTS Submitted by Steven Kanner THREE-YEAR FINANCIAL PLAN FY '02 - '04 MAKE THE FOLLOWING CHANGES: 1) ADD $5,452 EXPENDITURE - Aid to Human Service Agencies (see following for breakdown:) (FY '02) - Add: $2,000 to Arc; $2,744 to Domestic Violence Intervention Program; $1,000 to Emergency Housing Program; $2,000 to 4 C's (Child Care); $116 to Free Medical Clinic; $2,144 to Neighborhood Centers of Johnson County; $750 to Rape Victim Advocacy Program; $1,000 to Youth Homes. subtotal ~ $11, 754 - Delete: $1,011 from Big Brothers/Big Sisters; $1,808 from Elderly Services, Inc.; $3,483 from MYEP subtotal =$6,302 - 1.2% increase over FY '01(13.4% increase had been requested by all Agencies for FY '02) ADD $5,452 EXPENDITURES - Aid to Human Service Agencies (FY '03 & '04) 2) ADD $20,000 EXPENDITURE - Family Resource Centers (FY '02) Iowa City Schools made request. Provides supervision and activities in part for crucial after-school time period for school age youth. School District would "partner with the City of Iowa City to: Reinstate the Family Resource Center at Grant Wood, Expand atter school activities at Mark Twain, Support the family outreach component at Twain as the grant dollars decrease." ADD $40,000 EXPENDITURES - Family Resource Centers (FY '03 & '04) - Maintain FY '02 program - Add an additional $20,000 "to help fund: Horace Mann Elementary Family Resource Center. Based on the success of our collaboration at Wood, Twain and Mann, we (IC Schools) would like to propose conducting a needs assessment to explore sites in other neighborhoods for beyond 2002-2003 ." 3) ADD $10,000 EXPENDITURE - Childcare Expansion Grant to UI COGS (FY '02) - Ask UI to add $10,000 in matching funds. - Ask COGS to add $2,000 in matching funds. - Subsidize low and moderate income parents. - Child Care is listed as major need by the Johnson County Capacity Assessment - Can use Economic Development for even more budget dollar savings: Child Care listed as goal by City Council as part of Economic Development. -7- BUDGET AMENDMENTS Submitted by Steven Kanner Decent pay and adequate childcare for the parents in COGS will spur economic and fiscal growth in Iowa City. ADD $10,000 EXPENDITURES - Childcare Expansion Grant to UI COGS (FY '03 & '04) 4) ADD $1,460 EXPENDITURE - Child Care at City Council Formal Meetings (FY '02) - $700 to pay childcare worker Use only as on-call basis. Pay $10/hr 20 om 26 meetings worker needed. Work 6:30 to 10:00 PM. - $1,000 for supplies (snacks, paper, crayons, etc.) $50/mtg - $240 collected from Parents/Guardians Pay $2/hr./child Figure 3/children/meeting x 20 meetings x 2 hours - Parents/Guardians must reserve childcare use in advance - Can be used by anyone attending meeting (general public, councilors, reporters, etc.) - Parent/Guardian must remain in Civic Center. ADD $1,460 EXPENDITURES - Child Care at City Council Formal Meetings (FY '03 & '04) 5) ADD $20,000 EXPENDITURE - Community Police in Schools (FY '02) - Use for interaction & discussion of issues of safety, community, etc. between police and children in school. - Eliminate ineffective D.A.R.E. program (anti drug/alcohol/smoking program) - Don't bring guns into school (keep as gun-free zones) ADD $20,000 EXPENDITURES - Community Police in Schools (FY '03 & '04) 6) ADD $51,000 EXPENDITURE - Natural Areas Manager (for Parks and Rec) (FY '02) - Tremendous growth in park acreage. - Well maintained and accessible natural areas are a strong incentive for businesses and workers to relocate to Iowa City. ADD $51,000 EXPENDITURES - Natural Areas Manager (for Parks and Ree) (FY '03 & '04) 7) ADD $10,000 EXPENDITURE - Limit Parking Ramp Permit Increase for Seniors at Senior Center (FY '02) - Increase from $6,000 to $10,000 total fees (instead ofplauned increase to $20,000) - Increase is planned to coincide with new Iowa Ave. Parking Ramp. - Planned increase (to $20,000) raises yearly fee for individual fi'om $10 to $50. ~ Use extra $10,000 to subsidize those making up to 80% of median income. ADD $5,000 EXPENDITURES - Limit Parking Ramp Permit Increase for Seniors at Senior Center (FY '03) 8) ADD $3,500 EXPENDITURE - Community Groups/Events (FY '02) - Add: $2,500 for Arts Iowa City -8- BUDGET AMENDMENTS Submitted by Steven Kanner $1,000 for UI RiverFest ADD $3,500 EXPENDITURES - Community Groups/Events (FY '03 & '04) 9) ADD $400,000 EXPENDITURE- Public Transit (FY '02) - Add Sunday service. - Extend nighttime service. - Add Routes. - Lower Fares. - Consider implementing Citizen Transportation Commission. ADD $400,000 EXPENDITURE - Public Transit (FY '03 & '04) 10) NOT APPLY FOR $64,753 GRANT - Iowa Office of Drug Control, "Edward Byrne Memorial State and Local Law Enforcement Assistance program Funding" (from U.S. Dept. of Justice) (FY '02) - $48,000 is federal money. - $16,000 is local tax money. - Supplies an officer to Johnson County Drug Task Force. - Objectives in grant application concentrate on odious enforcement measures that follow slippery slope to abridgement of 4m amendment rights to privacy: Conduct "45 knock & talks or garbage searches in response to citizen complaints..."; "referring forfeiture proceeds," etc. - Let our police help people by concentrating their efforts on stopping violence, and large drug suppliers. - Can reapply for same grant using different objectives (as listed in grant application form): "Improve Offender Habilitation (Offender Assessment/Treatment)...; Enhance Youth and Family Wellness (Early Intervention and Treatment); Reduce Demand for Drugs (Substance Abuse Information Dissemination)...; Reduce Crime (Crime Prevention...); Increase Offender Accountability (Restitution and Supervision). - From grant application: "Matching Funds (t~om local, i.e. Iowa City) must be in addition to funds that would otherwise be made available for law enforcement and related activities." NOT APPLY FOR $64,753 GRANT - Iowa Office of Drug Control for "Edward Byrne Memorial State and Local Law Enforcement Assistance program Funding" (from U.S. Dept. of Justice) (FY '03 & FY '04) 11) SUBTRACT $100,000 EXPENDITURE - Two Police Officers (?Y '02) - Remove officer positions by attrition (3~d officer position eliminated in FY '03) - Cut hack ($100,000) on proposed increase of $6,754,622 to $7,412,273 - One of two officers is D.A.R.E. officer. Numerous studies have shown to be long-term ineffective. Iowa City Schools is cutting hack on D.A.R.E. program. Other national programs that approach drugs, alcohol & cigarette use in a more hnlistic manner have been shown to be more effective. Give D.A.R.E. officer rcassignment in police force. -14 Officers added with grants since 1996 -9- BUDGET AMENDMENTS Submitted by Steven Kanner - Crime has not decreased at same proportion of police officer increase since 1996. - Nor has population of Iowa City increased at same rate as police officer increase since 1996. - U.S., Iowa and Iowa City population is aging, which is major reason crime rate will/has gone down. - Strong local economy, moderately priced housing, good recreation opportunities, a strong education system and support for human & health services are long term keys to crime reduction. SUBTRACT $150,000 EXPENDITURE - Three Police Officers (FY '03 & '04) - Remove third officer position by attrition (two officer positions eliminated in FY '02) 12) SUBTRACT $5,000 EXPENDITURE - Parks Consultant (Parks & Rec.) (FY '02) - Ad hoe consultant not needed with Natural Areas Manager hire. SUBTRACT $5,000 EXPENDITURE - Parks Consultant (Parks & Rec.) (FY '03 & '04) 13) SUBTRACT $20,000 EXPENDITURE - 'A Library Network/Data Administrator (FY '02) - Add ~ time new position in FY '02 (instead of full time). - Make fulltime position in FY '03 as new Library is about to open. 14) SUBTRACT $27,000 EXPENDITURE - Subsidy to lowa City Airport (FY '02) - Proposed subsidy had been for $87,000. - Less then 27,000 take-offs or landings/year. - Economic & social benefit of airport to Iowa City is minimal. - Airport can replace funding with higher hanger, landing & fuel fees in addition to revenue from North Commercial Development - Phase out IC support to zero next fiscal year ('03) SUBTRACT $115,000 EXPENDITURE -Elimination of Subsidy (of proposed $135,500) to Iowa City Airport (FY '03) SUBTRACT $137,000 EXPENDITURE - Elimination of Subsidy (of proposed $137,000) to Iowa City Airport (FY '04) 15) SUBTRACT $25,000 EXPENDITURE - "Economic Development" (FY '02) - Reduce from $174,161 budgeted for FY '02. - Use significant portion of remaining $'s to develop child care and small to medium businesses. - Adhere to previously adopted financial assistance guidelines (high, long-term wages, environment concerns, etc.) when using Economic Development dollars. - Reexamine need for growth in terms of large tax abatement and economic development dollars. Micro grants and loans to small businesses and for human needs are best economic tools. It is unlikely that we will lose our biggest employer - University of Iowa, thus shielding Iowa City from major recession. - Iowa City continues to grow its tax base with over 13% growth in commercial property value from 1999 to 2000 and over 200 news housing starts last year. SUBTRACT $25,000 from "Economic Development" (FY '03 & '04) 16) ADD $600,000 1NCOME - Increasing Parking Fees at Lots & Ramps by $.20atr. (FY '02) BUDGET AMENDMENTS Submitted by Steven Kanner - Parking/Transit Planners estimate that parking rates can easily be increased by this amoum without reducing the amount of people using garages. - Consider raising the rates higher in future years, enough to effect use rate, as greater accessible public transit increases. ADD $600,000 INCOME - Increasing Parking Fees at Lots & Ramps by $.20/Hr. (FY '03 & '04) KANNER'S BUDGET AMENDMENTS THREE-YEAR FINANCIAL PLAN FY '02- '04 SAVINGS (approximately)= FY '02 FY '03 FY '04 $216,000 $293,000 $321,600 -11~ SVDGEX AMENDMENxs Submitted by SIeveD Kanner THREE-YEAR FINANCIAL PLAN FY '02 - '04 MAKE THE FOLLOWING C~NGES: 1) ~D $5,452 E~ENDITURE - Aid to Human Semite Agencies (see following for b~akdown:) (~ '02) - Add: $2,000 to ~c (new agency) $2,744 to ~mestic Violen~ Intewention Pro~; $1,000 to E~rgency Hous~g Prog~; $2,000 to 4 C's (Child C~e) (new ~ency); $116 to Free Medical Clinic; $2,144 to Neigh~rhood Centers of Jo~son Co~ty; $750 to ~ Vict~ Advocacy ProF~ (new agency); $1,000 to Youth Homes. subtotal = $11, 754 - Delete: $1,011 ~om Big Brothcraig Si~ers; $1,808 ~om Elderly Services, Inc.; $3,483 ~om MYEP subrural =$6, 302 - 1.2% ~cre~e over FY '01(t3.4% ire~ ~d ~en reque~ by all Agencies for FY '02) ~D $5,452 E~ENDITU~S - Aid to Human Semite Agencies (FY '03 & '04) 2) ADD $20,000 E~ENDITU~ - Fam~ Resou~e Cen/en (ff '02) Iowa City Schoo~ made reque~. Provides supervision and ~tivities ~ p~ for crucial a~er-schoot t~e period for school age yomh. School District would '~ner with the City of Iowa CRy to: Re,state the F~ly Rem~ce Center at Grit Wood, Expand after school activities at M~k TwO, Suppo~ the fmily outreach component at Tw~ as the grit doll~s decrease." ~D $40,000 E~ENDITU~S - Fami~ Resource Centers (FY '03 & '04) - Mainta~ FY '02 progr~ - Add ~ addRioml $20,000 '~o help id: Horace M~ Element~ F~ly Reso~ce Center. B~d on the success ofo~ eolla~ration at Wood, Twa~ ~d Mm we (IC Schools) wo~d l~e to praise ~nduct~g a needs ~sessment to explore sites ~ other neigh~rhoods for ~yond 2002-2003 ." 3) ADD $10,000 E~ENDIT~E - Childca~ Expansion Grant to UI COGS &Y '02) - Ask U1 to add $10,000 in matchUg ~nds. - ~k COGS to add $2,000 ~ mtch~g ~nds. - Subsidize low ~d moderate ~come p~ents. - Child C~e is li~ed as ~jor need by the Jo~on Co~ty Capacity ~sessment - C~ use Econo~c Development for even more budget doll~ ~vings: BUDGET AMENDMENTS Submitted by Steven Kanner Child Care listed as goal by City Council as part of Economic Development. Decent pay and adequate childcare for the parents in COGS will spur economic and fiscal growth in Iowa City. ADD $10,000 EXPENDITURES - Childcare Expansion Grant to UI COGS ~ '03 & '04) 4) ADD $1,460 EXPENDITURE - Child Care at City Council Formal Meetings (FY '02) - $700 to pay childcare worker Use only as on-call basis. Pay $10/hr 20 out 26 meetings worker needed. Work 6:30 to 10:00 PM. - $1,000 for supplies (snacks, paper, crayons, etc.) $50/mtg - $240 collected from Parents/Guardians Pay $2/hr./child Figure 3/children/meeting x 20 meetings x 2 hours - Parents/Guardians must reserve childcare use in advance - Can be used by anyone attending meeting (general public, councilors, reporters, etc.) - Parent/Guardian must remain in Civic Center. ADD $1,460 EXPENDITURES - Child Care at City Council Formal Meetings (FY '03 & '04) 5) ADD $20,000 EXPENDITURE - Community Service Officers in Schools (FY '02) - Use for interaction & discussion of issues of safety, community, etc. between police and children in school. - Eliminate ineffective D.A.R.E. program (anti drug/aleohoVsmoking program) - Don't bring guns into school (keep as gun-flee zones) ADD $20,000 EXPENDITURES - Community Police in Schools (FY '03 & '04) 6) ADD $51,000 EXPENDITURE - Natural Areas Manager (for Parks and Rec) (FY '02) - Tremendous growth in park acreage. - Well maintained and accessible natural areas are a strong incentive for businesses and workers to relocate to Iowa City. ADD $51,000 EXPENDITURES - Natural Areas Manager (for Parks and Rec) (FY '03 & '04) 7) ADD $10,000 EXPENDITURE - Limit Parking Ramp Permit Increase for Seniors at Senior Center (FY '02) - Increase ~rom $6,000 to $10,000 total fees (instead of planned increase to $20,000) - Increase is planned to coincide with new Iowa Ave. Parking Ramp. - Planned increase (to $20,000) raises yearly fee for individual from $10 to $50. - Use extra $10,000 to subsidize those making up to 80% of median income. ADD $5,000 EXPENDITURES - Limit Parking Ramp Permit Increase for Seniors at Senior Center (FY '03) 8) ADD $3,500 EXPENDITURE - Community Groups/Events (FY '02) - Add: BUDGET AMENDMENTS Submitted by Steven Kanner $2,500 for Arts Iowa City $1,000 for UI RiverFest ADD $3,500 EXPENDITURES - Community Groups/Events (FY '03 & '04) 9) ADD $400,000 EXPENDITURE- Public Transit (FY '02) - Add Sunday service. - Extend nighttime service. - Add Routes. - Lower Fares. - Consider implementing Citizen Transportation Commission. ADD $400,000 EXPENDITURE - Public Transit (FY '03 & '04) 10) NOT APPLY FOR $64,753 GRANT - Iowa Office of Drug Control, "Edward Byrne Memorial State and Local Law Enforcement Assistance program Funding" (from U.S. Dept. of Justice) (FY '02) - Keep officer, Add $48,000 (replace lost federal/state money) to Iowa City Budget as expenditure. - $16,000 is local tax money. - Supplies an officer to Johnson County Drug Task Force. - Objectives in grant application concentrate on odious enforcement measures that follow slippery slope to abridgement of 4t~ amendment rights to privacy: Conduct "45 knock & talks or garbage searches in response to citizen complaints..."; "referring forfeiture proceeds," etc. - Let our police help people by concentrating their efforts on stopping violence, and large drug suppliers. - Can mapply for same grant using different objectives (as listed in grant application form): "Improve Offender Habilitation (Offender Assessment/Treatment)...; Enhance Youth and Family Wellness (Early Intervention and Treatment); Reduce Demand for Drugs (Substance Abuse Information Dissemination)...; Reduce Crime (Crime Preventior~..); Increase Offender Accountability (Restitution and Supervision). - From grant application: "Matching Funds (from local, i.e. Iowa City) must be in addition to funds that would otherwise be made available for law enfomement and related activities." NOT APPLY FOR $64,753 GRANT - Iowa Office of Drug Control for "Edward Byroe Memorial State and Local Law Enforcement Assistance program Funding" (from U.S. Dept. of Justice) (FY '03 & FY '04) 11) SUBTRACT $100,000 EXPENDITURE - Two Police Officers (FY '02) - Remove officer positions by attrition (3ra officer position eliminated in FY '03) - Cut back ($100,000) on proposed increase of $6,754,622 to $7,412,273 - One of two officers is D.A.R.E. officer. Numerous studies have shown to be long-term ineffective. Iowa City Schools is cutting hack on D.A.R.E. program. Other national programs that approach drugs, alcohol & cigarette use in a more holistic manner have been shown to be more effective. BUDGET AMENDMENTS Submitted by Steven Kanner Give D.A.R.E. officer reassignment in police force. -14 Officers added with grants since 1996 - Crime has not decreased at same proportion of police officer increase since 1996. - Nor has population oflowa City increased at same rate as police officer increase since 1996. - U.S., Iowa and Iowa City population is aging, which is major reason crime rate will/has gone down. - Strong local economy, moderately priced housing, good recreation opportunities, a strong education system and support for human & health services are long term keys to crime reduction. SUBTRACT $150,000 EXPENDITURE - Three Police Officers (FY '03 & '04) - Remove third officer position by attrition (two officer positions eliminated in FY '02) 12) SUBTRACT $5,000 EXPENDITURE - Parks Consultant (Parks & Rec.) (FY '02) - Ad hoc consultant not needed with Natural Areas Manager hire. SUBTRACT $5,000 EXPENDITURE - Parks Consultant (Parks & Rec.) (FY '03 & '04) 13) SUBTRACT $20,000 EXPENDITURE - Y= Library Network/Data Administrator (FY '02) - Add ½ time new position in FY '02 (instead of full time). - Make fulltime position in FY '03 as new Library is about to open. 14) SUBTRACT $27,000 EXPENDITURE - Subsidy to Iowa City Airport (FY '02) - Proposed subsidy had been for $87,000. - Less then 27,000 take-offs or landings/year. - Economic & social benefit of a'u'port to Iowa City is minimal. - Airport can replace funding with higher hanger, landing & fuel fees in addition to revenue from North Commercial Development - Phase out IC support to zero next fiscal year ('03) SUBTRACT $115,000 EXPENDITURE -Elimination of Subsidy (of proposed $135,500) to Iowa City Airport (FY '03) SUBTRACT $137,000 EXPENDITURE - Elimination of Subsidy (of proposed $137,000) to Iowa City Airport (FY '04) 15) SUBTRACT $25,000 EXPENDITURE - "Economic Development" (FY '02) - Reduce from $174,161 budgeted for FY '02. - Use significant portion of remaining $'s to develop child care and small to medium businesses. - Adhere to previously adopted financial assistance guidelines (high, long-term wages, environment concerns, etc.) when using Economic Development dollars. - Reexamine need for growth in terms of large tax abatement and economic development dollars. Micro grants and loans to small businesses and for human needs are best economic tools. It is unlikely that we will lose our biggest employer - University of Iowa, thus shielding Iowa City from major recession. - Iowa City continues to grow its tax base with over 13% growth in commercial property value from 1999 to 2000 and over 200 news housing starts last year. SUBTRACT $25,000 from "Economic Development" (FY '03 & '04) BUDGET AMENDMENTS Submitted by Steven Kanner 16) ADD $600,000 INCOME - Increasing Parking Fees at Lots & Ramps by $.20atr. (FY '02) - Parking/Transit Planners estimate that parking rates can easily be increased by this amount without reducing the amount of people using garages. - Consider raising the rates higher in future years, enough to effect use rate, as greater accessible public transit increases. ADD $600,000 INCOME - Increasing Parking Fees at Lots & Ramps by $.20/Hr. (FY '03 & '04) KANNER'S BUDGET AMENDMENTS THREE-YEAR FINANCIAL PLAN FY '02 - '04 SAVINGS (approximately)= FY '02 FY '03 FY '04 $216,000 $293,000 $321,600 BUDGET AMENDMENTS Submilled by Steven Kanner MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM FISCAL YEAR '02 -'05 MAKE THE FOLLOWING CHANGES: 1) REMOVE $12,000,000 EXPENDITURE - Planned Burlington St. Parking Ramp ("Transit Intermodal Facility") (FY '02 - '04) - $1,700,000 in local funds budgeted. ($700,000 - FY '02, $700,000 - '03, $300,000 - '04) - $700,000 local funds spent (FY '01) - $9,600,000 in federal funds. - This will be 450-600 space ramp with childcare center and Greyhound station. - Two large parking ramps already across the street. - Traffic planners say that they cannot determine if there is a parking need for this ramp at present time. Other ramps are not full. - Ramp discourages increased public transit and encourages more traffic congestion, smog and sprawl. - Make plan to support downtown childcare center. 2) REMOVE $2,000,000 - $4,000,000 EXPENDITURE - Dodge St. Reeonstr - 180/Governor (FY '02 & '03) - Cut budgeted $100,000 in local funds in half to $50,000. (FY '03) - $500,000 had been budgeted in FY '02 (Almost all federal funds.) - $5,600,000 had been budgeted for FY '03 (Almost all federal funds.) - Do Spot Improvements instead of expansion to three or four lanes Add stop light at Prairie duChien and possibly at Hy-vee (near Dubuque Rd.) - Traffic projected through 2025 to go down on stretch of Dodge from Governor to Captain Irish Pkwy with opening of First Ave. extended - Explore increased public transportation between commuters from north into Iowa City. 3) REMOVE $7,533,000 EXPENDITURE - Mormon Trek- Hwy 1 to Hwy 921 (FY '03 - '05) - Move this project out of Capitol Improvement Plan into unfunded category. - $5,633,000 in local funds ($700,000 - FY '03, $2,000,000 - '04, $2,933,000 - '05) - $2,600,000 total had been budgeted for FY '03 - $2,000,000 had been budgeted for FY '04. - $2,933,000 had been budgeted for FY '05. - Above includes: $1,000,000 from Economic Development Initiative (G.O. Bonds) ., $1,900,000 from STP (controlled by JCCOGS) - All but $1,900,000 are local funds 4) DELAY First Ave. Extended Staff - from FY '01 to FY '02 - Do bids in Spring, 2002 (FY '02); Build in FY '02 & '03 - Budget $200,000 in FY '02 (Road Use taxes) 2: " - Budget $500,000 in FY '03 ($400,000 local, $100,000 Road Use taxes) - Stick with compromise of March 7, 2000. 5) DELAY Captain Irish Pkwy -ACTatoeh from FY '02 to FY '03 BUDGET AMENDMENTS Submated by Steven Kanner - Budget $4,000,000 in FY '03 - Budget $2,000,000 in FY '04 6) REMOVE $200,000 EACH YEAR - "Economic Development" (FY '02 - FY '05) - Reduce each year. From: - $700,000 in FY '02 (to $500,000) - $600,000 in FY '03 (to $400,000) - $700,000 in FY '04 (to $500,000) - $700,000 in FY '05 (to $500,000) 7) ADD $100,000 INCOME - from the Airport to Pay off Airport Related G.O. Debt - FY '02 - Use revenue from North Commercial Airport Development. - Pay off Iowa City incurred North Commercial Debt plus previous Iowa City Airport improvement incurred debt (over $400,000 per year) 8) ADD $200,000 INCOME - from the Airport to pay off Airport Related G.O. Debt - FY '03 - Use revenue f~om North Commercial Airport Development. - Pay off Iowa City incurred North Commercial Debt plus previous Iowa City Airport improvement incurred debt (over $400,000 per year) 9) ADD $400,000 INCOME - from the Airport to pay off Airport Related G.O. Debt- FY '04 - Use revenue from North Commercial Airport Development. - Pay off Iowa City incurred North Commercial Debt plus previous Iowa City Airport improvement incurred debt (over $400,000 per year) 10) ADD $400,000 INCOME - from the Airport to pay off Airport Related G.O. Debt- FY '05 - Use revenue from North Commercial Airport Development. - Pay off Iowa City incurred North Commercial Debt plus previous Iowa City Airport improvement incurred debt (over $400,000 per year) KANNER'S BUDGET AMENDMENTS MUL TI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR '05 SAVINGS (approximately) = FY '02 FY '03 FY '04 FY '05 $4,500,000$750,000$500,000$3,533,000 Prepared by: Andrew Malthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 01-56 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TO A LEASE OF THE UNION BUS DEPOT PROPERTY, 404 EAST COLLEGE STREET, PURSUANT TO WHICH GREYHOUND LINES, INC. WILL RENEW ITS LEASE FOR A TERM OF THREE YEARS. WHEREAS, the City of Iowa City, Iowa has leased the Union Bus Depot located at 404 East College Street to Greyhound Lines, Inc. under the current lease since March 1, 1998, and said current lease expires on February 28, 2001; and WHEREAS, an addendum to the present lease with Greyhound Lines, Inc. has been negotiated extending the lease for an additional three-year period for the sum of $1,300 per month, and provides that Greyhound Lines, Inc. may terminate the lease during the lease term in the event Greyhound Lines, Inc. relocates its bus operations to the Transportation Center, which addendum to lease and lease is attached hereto; and WHEREAS, it is in the public interest to enter into a lease for the Union Bus Depot located at 404 East College Street with Greyhound Lines, Inc. for a three-year term, as provided therein. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COIfNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The addendum to lease and lease agreement attached hereto and made a part hereof is approved as to form and content. 2 The Mayor and the City Clerk be, and they are hereby authorized and directed to respectively execute and attest the addendum to lease and lease agreement attached hereto. Passed and approved this 5th day of March, 2001. Approved by: CI C legal/andy/greyhoundres Resolution No. 01-56 Page 2 It was moved by Vanderhoef and seconded by (1' Ilnnn~l 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn LEASE AGREEMENT LANDLORD: TENANT: Name City of Iowa City Greyhound Lines, .Inc a Delaware corporation Address 401 East Washington Street P.O. Box 660362 City Iowa City Dallas, Texas 75266-0362 State, Zip Iowa 52240 Attn: Contracts Administration 1. DATE. This Lease Agreement ("Lease") is made to be effective as of March 1, 1998. 2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases and takes from Landlord for the term, at the rental, and upon all the terms, covenants and conditions set forth herein, the following real property (the "Premises"): [Choose and complete one] comprising approximately '1,620 square feet of floor space as described or designated in the City of Iowa County of Johnson, State of Iowa., commonly known as 404 East Colleqe Street and as more particularly described in the site plan on Exhibit "A", attached hereto and incorporated herein for all purposes; together with the continuous and uninterrupted right of access to and from the Premises, and, if applicable, the use by Tenant; its employees, invitees and customers of the common areas. 3. TERM. The term of this Lease ("Term") shall be three (3) years, commencing on March 1.1998 ("Commencement Date") and extending through February 28, 2001 unless sooner terminated pursuant to any provision hereof. The parties hereto acknowledge that Tenant shall have the dght to terminate this Lease at any time upon N/A ( -0- ) months pdor written notice to Landlord. 4. RENT.. Tenant shall pay to Landlord as rent for the use of the Premises equal monthly installments of One Thousand Two Hundred Dollars ($'1,200.00), payable in advance, on or before the first day of each calendar month of the Term. Rent for any period less than one month shall be a pro rata portion of the monthly installment. Rent shall be payable to Landlord at its address set forth above or to such other address as Landlord may designate by notice as provided herein. 5. USE OF PREMISES. The Premises shall be used by Tenant for the conduct of Tenant's operation of a bus terminal and the handling of passengers, baggage and package express and any other activities reasonably related thereto. If the Premises is less than all of Landlord's building or buildings in which the Premises is located, Landlord will not permit any remaining portion thereof to be occupied or used for purposes which, in the reasonable opinion of Tenant, would adversely affect or reflect upon Tenant's business. 6. REPRESENTATIONS. WARRANTIES AND COVENANTS OF TITLE. Landlord hereby represents, warrants and covenants to Tenant that as of the Commencement Date: _]_ (a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant the estate demised herein and to execute and perform all of the terms, provisions, covenants and agreements provided in this Lease; (b) to the best of its knowledge, the Premises complies with all applicable zoning requirements, ordinances, regulations, and all applicable laws, affecting the Premises or required in Tenant's use of the Premises or common areas appurtenant to the Premises, including the Americans with Disabilities Act (or other laws affecting handicapped access) and any environmental impact or traffic studies or requirements; and (c) the Premises does not contain any asbestos or Hazardous Materials, ~is~lictmR(as defined in Section 22 herein) and Landlord is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Premises including, but not limited to, soil and ground water condition, and that no previous occupant of the Premises has used, generated, manufactured, stored or disposed of on, under or about the Premises any Hazardous Materials, as deterrot ned by a Court of competent jurisdiction. 7. QUIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant observes and performs all of the agreements and covenants required of it hereunder, Tenant shall peaceable and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by Landlord. If Tenant's use of the Premises is limited or denied through rezoning, environmental impact edict, or other action of any public or quasi-public agency or governmental authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action and the rent applying to the unexpired podion of the Term will abate. 8. UTILITIES. Tenant shall pay for all regular utility charges related to the use of the Premises, except as follows: N/A 9. ASSIGNMENT AND SUBLETTING. Tenant shall have the right to assign this Lease, or sublease all or a part of the Premises for any purpose, contemplated in Paragraph S, with the prior written consent of Landlord, which consent shall not be unreasonably withheld,to any person or entity at any time and from time to time. If Tenant subleases all or a part of the Promises, Tenant agrees to remain primarily liable for the payment of rent for the remaining term of this Lease. 10. ALTERATIONS, IMPROVEMENTS AND ADDITIONS. Tenant, without Landlord's consent, may make any alterations, improvements, or additions in, on or about the Premises, which Tenant may deem necessary or desirable, except for structural repairs and maintenance, which are the sole obligation of Landlord. Tenant, at its option, may remove such alterations, improvements, or additions made by it in, on or about the Premises. Tenanrs personal property and its trade fixtures, including all machinery, equipment and furnishings, shall remain the property of Tenant and may be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or additions not removed by Tenant within thirty (30) days after the end of the Term shall automatically become the property of Landlord. Tenant shall repair any material damage to the Premises caused by Tenanrs removal of its personal property, trade fixtures, alterations, improvements, or additions, but Tenant shall have no obligation to remove such items from the Premises at any time. Landlord shall, at its sole expense, make any alterations, improvements or additions to the Premises (structural or non*structural) that may be required on account of any existing or future laws of any governmental authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the nature of Tenant's business. 11. REPAIRS AND MAINTENANCE. Tenant shall make ordinary interior repairs and replace broken glass in the Premises. Landlord shall maintain and promptly make all exterior repairs and common area maintenance, all repairs, replacements or retre-fitting of a permanent character (including, but not limited to, components in the air conditioning, boiler and heating systems, HVAC system, sprinkler system, gas lines, electrical and plumbing fixtures and hot water systems, including heaters), and all floors and floor surfaces, driveways, parking lots, bus docks, wall, roof (including water tightness), foundation, footings, Building Systems (as herein defined) and structural repairs, support systems, strengthenlegs, alterations reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, -2- insect infestation, or damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. Tenant shall promptly notify Landlord of any known defect, damage, decay or dangerous condition associated with the building system. The "Building Systems" shall be construed as the building utility elements essential for Tenant's use and occupancy of the Premises including, but not limited to, such systems as are not readily accessible to Tenant, such as underground water, sewer, electric and other utility lines and all trash removal, janitorial and elevator services and maintenance services related to the Premises. Tenant shall surrender the Premises in as good order, repair and condition as the same were in the commencement of the Term, damage by fire and items covered by extended coverage insurance, unavoidable casualty, reasonable wear and tear, alterations, improvements and additions made by Tenant and Landlord's failure to repair excepted. 12. TAXES. Landlord, during the Term, shall pay promptly when due, all general ad valorem real estate taxes and assessments which may be imposed upon the Premises. Tenant shall pay all taxes assessed against and levied upon Tenant's trade fixtures, and all other personal property of Tenant contained in the Premises. As used herein, the term "real estate tax" includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy, penalty, or tax imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement distdct thereof or any public or quasi-public agency or governmental authority, upon any legal or equitable interest of Landlord in the Premises, upon Landlord's right to rent or business of leasing the Premises, or upon Tenant's use or occupancy of the Premises. 13. INSURANCE. Landlord shall maintain throughout the Term, at its sole cost and expense, a policy or policies of insurance for the mutual benefit of Landlord and Tenant against loss or damage to the Premises in the amount of the full replacement cost thereof, against any pedls included within the classifications of fire, vandalism, explosion, malicious mischief, special extended perils ("all risk") and any risk covered by the so-called Extended Coverage Endorsement (including leasehold improvements). Tenant shall maintain, at its sole cost and expense, a comprehensive general liability policy including coverage of contractual liability as respects this Lease, providing a combined single limit of liability of not less than $500,000 per occurrence, which policy shall be primary in the event of negligence on the part of Tenant, and or the failure of Tenant to discharge its duties hereunder. Tenant shall furnish a certificate of insurance evidencing the aforesaid coverage upon Landlord's written request. Landlord shall maintain public liability insurance for any common areas. Notwithstanding any provision herein to the contrary, Tenant may satisfy its insurance obligations hereunder by self-insuring any or all of its insurance liabilities and Tenant shall, upon Landlord's request, furnish certificates evidencing such coverage. 14. INDEMNITY. Except as otherwise agreed herein, each party agrees to indemnify and save the other party harmless from any and all claims, demands, costs and expenses of every kind whatsoever, including reasonable attorney's fees for the defense thereof, adsing from the indemnifying party's wrongful act or negligence in or about the Premises. In case of any action or proceeding brought against either party by reason of any such claim, upon notice from such party, the indemnifying party covenants to defend such action or proceeding by counsel reasonably satisfactory to the other party, unless such action or proceeding alleges the joining or concurring wrongful act or negligence of both parties, in which case both parties shall share equally in the defense of such action or proceedings. 15. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part by fire or other casualty, Landlord shall repair and restore the Premises to a good tenantable condition. All rent shall wholly abate in case the entire Premises is untenantable, or shall abate pro rata for the portion rendered untenantable in case a part only is untenantable, until the Premises is restored to a tenantable condition. Landlord shall commence and complete all work required to be done under this Section 15 with reasonable promptness and diligence. In the event Landlord repairs or restores the Premises, the rent due under this Lease shall be abated or reduced proportionately during any period which, by reason of such damage or destruction, there is any interference with the operation of the business of Tenant. Tenant shall not be liable to Landlord for damage to the Premises caused by fire or other risks embraced within Landlord's insurance coverage, whether or not the same is due to the negligent act or omission of Tenant. If Landlord does not commence the repair or restoration within fifteen (15) days after the damage or destruction occurs, or if repair or restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this Lease by -3- giving Landlord notice of Tenanrs election to do so at any time prior to the commencement of the repair or restoration. In that event, this Lease shall terminate as of the date of such damage or destruction. 16. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation or under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are heroin called "condemnation"), this Lease, at Tenant's sole discretion, shall automatically terminate as of the date the condemning authority takes title or possession, whichever occurs first. If any other taking (of the Premises or otherwise) adversely and substantially affects Tenanrs use, access, or rights of ingress or egress of or to the Premises, then Tenant may elect to terminate this Lease as of the date the condemning authority takes possession. Tenant's election to terminate shall be made in writing within thirty (30) days after Landlord has given Tenant written notice of the taking (or in the absence of such notice, within fifteen (15) days after the condemning authority has taken possession). If Tenant does not terminate this Lease in accordance with this Section 16, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that rent shall be reduced in the proportion that the area taken diminishes the value and use of the Premises to Tenant. In addition, Landlord, at its expense, shall promptly repair any damage to the Premises caused by condemnation and restore the remainder of the Premises to the reasonable satisfaction of Tenant. Any award or payment made upon condemnation of all or any part of the Premises shall be the property of Landlord, whether such award or payment is made as compensation for the taking of the fee or as severance damages; provided Tenant shall be entitled to the podion of any such award or payment for loss of or damage to Tenant's trade fixtures, removable personal properly, and additions, alterations and improvements made to the Premises by Tenant, and for its loss of business or the leasehold herein created or any other consequential or special damages, such as Tenant's relocation and moving expenses. 17. DEFAULTS; REMEDIES. (a) Defaults. The occurrence of any of the following events constitutes a material default of this Lease by Tenant: (i) The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder, as and when due, where the failure continues for a period of twenty (20) days after Tenant receives notice thereof from Landlord. (ii) The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant, other than those described in subsection (i) above, where the failure continues for a period of thirty (30) days after Tenant receives notice thereof from Landlord; provided, however, that if the nature of Tenanrs default is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within the thirty (30) day period and thereafter diligently completes the cure. (iii) The making by Tenant of any general assignment or general arrangement for the benefit of creditors; the filing by Tenant of a petition to have Tenant adjudged a bankrupt; the judicial declaration of Tenant as bankrupt. (iv) The appointment of a trustee or receiver to take possession of substantially all Tenant's assets located at the Premises or of Tenant's interest in this Lease, if possession is not restored to Tenant within thirty (30) days. (v) The attachment, execution or other judicial seizure of substantially all Tenanrs assets located at the Premises or of Tenanrs interest in this Lease, if the seizure is not discharged within thirty (30) days. (b) Remedies upon Tenant's Default. In the event of any such material default by Tenant, Landlord may, after giving notice as provided above, enter into the Premises, remove Tenant's property and take and hold possession -4- of the Premises and expel Tenant and pursue those remedies available to Landlord under the laws of the state in which the Premises is located. Landlord shall make reasonable efforts to relet the Premises or any part thereof in order to mitigate any damages resulting from Tenant's default. (c) Default bY Landlord. Landlord shall not be in default unless Landlord fails to perform any covenants, terms, provisions, agreements or obligations required of it within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord; provided that if the nature of Landlord's obligation is such that more than thirty (30) days are reasonably required for performance, then Landlord shall not be in default if Landlord commences performance within the thirty (30) day pedod and thereafter diligently completes performance. (d) Remedies upon Landlord's Default. If Landlord defaults in the performance of any of the obligations or conditions required to be performed by Landlord under this Lease, Tenant may, after giving notice as provided above, either cure the default and deduct the cost thereof from rent subsequently becoming due hereunder, or elect to terminate this Lease upon giving 30 days written notice to Landlord of its intention to do so. In that event, this Lease shall terminate upon the date specified in the notice, unless Landlord has meanwhile cured the default to the satisfaction of Tenant. In the event that any representations and warranties set forth in this Lease (including but not limited to those set forth in Section 6 herein) shall cease to be the case, and if Landlord shall have failed to commence to cure within sixty (60) days after notice from Tenant and thereafter diligently completes the cure of the same, then, except as specifically provided elsewhere in this Lease, Tenant shall have the right to terminate this Lease upon written notice to Landlord. Tenant may also pursue those remedies available to it under the laws of the state in which the Premises is located. 18. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration or termination of this Lease, and without the execution of a new Lease, Tenant shall be deemed to be occupying the Premises as a tenant from month-to-month, subject to all of the conditions, provisions and obligations of this Lease insofar as they are applicable to a month-to-month tenancy. 19. NOTICES. All acceptances, approvals, consents, notices, demands or other communications required or permitted to be given or sent by either party to the other, unless otherwise provided, shall be deemed to have been fully given when made in writing and delivered in person or deposited in the United States mail, certified and postage prepaid, addressed to the name and address set forth at the top of this Lease. The address and person for written communication may be changed upon ten (10) days written notice to the other party. 20. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or through them hereby mutually release and discharge each other, any other tenants or occupants of the building in which the Premises is located, and the officers, employees, agents, representatives, customers and business visitors of Landlord or Tenant or such other tenants or occupants, from all claims, losses and liabilities arising from or caused by any hazard covered by insurance on or in connection with the Premises or said building, even if caused by the fault or negligence of a released party. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 21. ENVIRONMENTAL MATTERS. As a condition precedent to the effectiveness of this Lease, Landlord shall provide Tenant a copy of all existing environmental reports, studies or audits concerning the Premises. Tenant will comply with all environmental laws during the term of the Lease, but shall bear no liability whatsoever and shall not assume any conditions for any existing environmental materials or Hazardous Materials on the Premises. Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all loss, damage, liability and expense (including reasonable attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to environmental conditions, Hazardous Materials or any other environmental laws and regulations not directly resulting from Tenant's activities on the Premises. The delivery of copies of environmental reports, studies or audits required in this Section must be provided to Tenant not later than fourteen (14) days prior to the Commencement Date. 22. HAZARDOUS MATERIALS. The term "Hazardous Materials" as used herein shall include but not be limited to asbestos, fiammable explosives, dangerous substances, pollutants, conruminants, hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to which is prohibited or regulated by any governmental -5- authority having jurisdiction over the Premises, any substances defined as "hazardous substances," "hazardous materials' or "toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, by Superfund Amendments and Reauthorization Act 42 U.S.C. §6901, et seq.; the Hazardous Materials Transporlation Act, 42 U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. §7901, et seq.; Toxic Substances Control Act, 15 U.S.C. §2601, et seq.; Clean Water Act, 33 U.S.C. §1251, et seq; the laws, regulations or rulings of the state in which the Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 23. MISCELLANEOUS. (a) Sifins. Tenant may erect such signs on the exterior or interior of the Premises as Tenant may deem desirable if the signs do not violate the laws, rules, or regulations of the municipality in which the Premises are situated. (b) Severability; Choice of Law. The invalidity or unenforceability of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this Lease or any other provision hereof. THIS LEASE SHALL BE GOVERNED BY THE LAWS OF THE STATE IN WHICH THE PREMISES IS LOCATED. (c) Entire A~lreement. This Lease and any addenda and exhibits attached hereto or to be attached hereto, set forth all of the covenants, promises, agreements, and conditions between Landlord and Tenant concerning the Premises and this Lease and there are no covenants, promises, agreements or conditions, either oral or written, between them. This Lease may not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. (d) Brokeraqe. Landlord covenants and agrees to save and hold Tenant harmless from any and all claims for brokerage fees arising out of this Lease. (e) Attornev's Fees. If either party named herein brings an action to enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on tdal or appeal, shall be entitled to his reasonable attorney's fees to be paid by losing party as fixed by the court. IN WITNESS WHEREOF, the parties hereto have executed this instrument to be effective as of the day and year first above written. Landlord: Tenant: CITY OF IOWA CITY ~ HOU D LINES, INC. 8 are corporati~on By: ~ ~ N ~c gsland Its: Mayor Its: Qqief Operatina Officer Attorney -6- Tax ID No.: (If individual, Social Security Number) · ~. ~an K, Karr, City Clerk -7- ADDENDUM TO LEASE - BUSINESS PROPERTY The City of Iowa City (hereinafter "Landlord") and Greyhound Lines, Inc. (hereinafter "Tenant") entered into a Lease Agreement dated March 1, 1998 for the premises located at 404 East College Street, Iowa City, Iowa, copy of which is attached hereto and by this reference incorporated herein. Landlord and Tenant desire to execute an addendum to said Lease for Business Property to provide for an additional three-year renewal period as set forth herein. 1. Renewal for an Additional Three-Year Term: commencing March 1, 2001 through February 28, 2004. The Lease for Business Property may be terminated by Tenant in the event Tenant relocates its bus operations to the Transportation Center (which facility is currently being planned and designed) upon thirty (30) days prior written notice provided to Landlord. 2. Rent During Renewal Term. During the renewal term as above provided, Tenant agrees to pay Landlord rent as follows: $1,300 per month, payable in advance, on or before the first day of each calendar month of the Term. 3. All other provisions of the original lease dated March 1, 1998 shall remain in full force and effect. Dated this 5TM day of M~gc~ ,2001. IN WITNESS WHEREOF, the parties have duly executed this lease in duplicate the day and year written above. Landlord: Tenant: Its: Mayor Its: Vice President Attest: Manan K. Karr, City Clerk //~al Eestat/.~ilities Approved By EXHIBIT "A" (Page 1 of 2) to that certain Lease Agreement by and between CITY OF IOWA CITY, as Landlord, and GREYHOUND LINES. INC,, as Tenant Dated 19 SITE PLAN /7 ADDENDUM TO LEASE - BUSINESS PROPERTY The City of Io.~ City (hereinafter "Landlord") and Greyhound Lines, Inc. (hereinafter "Tenant") entered into a Le~e Agreement dated March 1, 1998 for the premises located at 404 East College Street, Iowa City,'/l, owa, copy of which is attached hereto and by this reference incorporated herein. Landlord and Tenant d sire to execute an addendum to said Lease for Business Property to provide for an additional~ree-year renewal period as set forth herein. 1. Renewal for an itional Three-Year Term: commencing March 1, 2001 through February 28, 2004. The Lease for may be terminated by in the event Tenant relocates its bus the Transportation Center facility is currently being planned and desi dlord. 2. Rent During Renewal Term. During the renewal term as agrees to pay Landlord rent as follows: $1,300 per month, on or before the first day of each calendar month of the Term. 3. All other provisions of the original March 1, 1998 shall remain in full force and effect. Dated this day of ,2001. IN WITNESS WHEREOF, the ' executed s lease in duplicate the day and year written above. Landlord: Tenant: City of Iowa City LINES, INC. By: By: Ernest W. Its: Mayor l Its: Attest: Marjan K. Karr, City Clerk Approved By ~ty ttorney s )ffice Prepared by: Kumi Morris. Engineering Division, 410 E, Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 01-57 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY TRANSIT INTERCHANGE PROJECT PHASE II (REBID) PROJECT. WHEREAS, Apex Construction Company of Iowa City, Iowa has submitted the lowest responsible bid of $155, 900 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Apex Construction Company, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 5th day of Na~'ch ,20 Approved by City Atto'nene~ Office -~lo ~,~ pweng/res%~nterchange doc 2J0 1 Resolution No. 01-57 Page. 2 It was moved by Wi I burn and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ADVERTISEMENT FOR BIDS IOWA CITY TRANSIT INTERCHANGE FACILITY PHASE II PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 p.m. on the 1st day of March, 2001, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 5th day of March, 2001, or at such later time and place as may be scheduled. The Project will involve the following: Masonry, steel construction, interior building construction, mechanical and electrical installation. All work is to be done in strict compliance with the plans and specifications prepared by Shoemaker & Haaland Professional Engineers, of Coralville, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and repoded to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to AF-1 be issued by a responsible surety appreved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 78 Specified Start Date: April 23, 2001 Liquidated Damages: $100 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of Shoemaker & Haaland Professional Engineers, 160 Holiday Road, Coralville, Iowa, by bona fide bidders. A $50.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Shoemaker & Haaland Professional Engineers. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK AF-2 Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 01-58 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 6 CORRIDOR IMPROVEMENTS PROJECT, STP-U-3715(6t 5)--70-52. WHEREAS, McAninch Corporation of West Des Moines, Iowa has submitted the lowest responsible bid of $1,892,597.50 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to McAninch Corporation, subject to the condition that awardee secure adequate performance and payment bond and insurance certificates, and subject to Iowa Department of Transportation concurrence. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond and insurance certificates, subject to Iowa Department of Transportation concurrence. Passed and approved this 5th day of Hatch ,20 01 Approved by City, '~ey's It was moved by W'i'] burn and seconded by Kanner the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell X Pfab X Vanderhoef X Wilburn pwenglreslhwy6corr2 doc ADVERTISEMENT FOR BIDS HIGHWAY 6 CORRIDOR IMPROVEMENTS PROJECT STATE of IOWA, FEBRUARY 27, 2001 - Sealed bids will be received by the Iowa Department of Transportation, at the Office of Contracts in Ames, Iowa and at its official depository on the third floor of the Marriott Hotel, Des Moines, Iowa, until 9 o'clock A.M.C.T. on the above date, for the various items of construction and/or maintenance work listed below. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts at Ames, Iowa 50010. Opening and reading of the bids will be performed at the Iowa Department of Transportation, at Ames, Iowa after 9 o'clock A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation. A Proposal Guarantee in an amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks or bank drafts shall be made payable either to the Contracting Authority or the bidder and, where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the authorized agent. A Bid Bond, properly completed on the Form No. 650001 available from the Iowa Department of Transportation, Contracts Office, may be used in lieu of above. Failure to execute a contract and file an acceptable performance bond and Certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. Plans, specifications and proposal forms for the work may be seen and secured at the office of Contracts, Iowa Depadment of Transportation, Ames, Iowa, until noon on the day previous to the Petting. All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected, and the Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. Attention of bidders is directed to the Special Provisions covering the subletting or assigning of contracts. Minimum wage rates for all Federal-Aid projects have been predetermined by the Secretary of Labor and are set forth in the specifications. However, this does not apply to proiects off the Federal Aid system. All Federal-Aid projects are subject to the Work Hours Act of 1962, P.L. 87-581 and implementing regulations. By virtue of statutory authority, a preference wil~ be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be a~lowed a preference as against a non-resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no federal funds invoFved. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal-Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all proiects without goals, the contractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as potential subcontractors. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS Tel. 515-239-1414 pweng/hwy6ad4bids.doc Prepared by: Ross Spitz, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5149 RESOLUTION NO. 01-59 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 SHIVE-HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE HIGHWAY 6 CORRIDOR IMPROVEMENTS PROJECT, STP-U-3715(6'I5)--70-52. WHEREAS, the Iowa Department of Transportation (IDOT) has received bids for construction of the Highway 6 Corridor Improvements Project ("Project"), STP-U-3715(615)--70-52; and WHEREAS, it is desirable for Shive-Hattery, Inc. to provide construction administration, construction observation and construction survey services during the Project; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by Shive-Hattery, Inc. of Iowa City, 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 Shive-Hattery, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT, the Consultant Agreement by and between the City of Iowa City, Iowa, and Shive-Hattery, Inc. for the provision of engineering services, attached hereto and made a part hereof, is in the public interest, and 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. Passed and approved this 5th Rr_~~~),~ day of , CI City Attorney's Office It was moved by W1 ] burn and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner × Lehman X O'Donnell X Pfab Vanderhoef ~ Wilburn CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this ~5 day of Mo, or.. 2001 by and between the City of Iowa City, a municipal corporation, hereina~er referred to as the City and Shive-Hattery. Inc., of Iowa City. Iowa, hereinafter referred to as the Consultant. WHEREAS, the City desires to construct storm sewer improvements from Hollywood Boulevard to the Iowa River (approximately 0.85 miles), including improvements west of Sycamore and Boyrum Street. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultam to provide services as set forth herein. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. All phases of services will include the necessary work for compliance with Surface Transportation Program requirements relative to federal aid fanding of construction and the Iowa Department of Transportation Stm~dard Specifications relative to construction observation and administration. Construction Phase A. Preconstruction Conference Schedule and conduct a preconstruction conference with the City, Iowa DOT, utilities, and Contractor. Other City departments affected by the project will also be invited. Preconstruction conference minutes will be recorded and distributed to all invitees by the consultant. B. Construction Staking 1. Storm Sewer a. A centerline and one offset stake will be set at end of each storm pipe. b. A centerline and one offset stake will be set at each manhole or intake. c. Offset stakes will be set at 100-foot intervals along the storm pipe alignment. d. A centerline and one offset stake will be set at each boring location. 2. Grading a. Stakes will be set at 100 foot intervals at a Contractor specified offset distance to the centerline of the swale. I00179-P 1 CONSULTANT AGREEMENT 3. Right-of-way/Easement a. Stakes will be set at 100-foot intervals along the existing fight-of-way line or along the sidelines of the temporary construction easements. The City or Contractor shall provide a minimum of a 48-hour advance notice to the Consultant when staking will be required. Construction staking will be provided on a onestime basis. Costs of any additional staking beyond the above outlined scope of work or re-staking of previously requested staking will be provided on an hourly rate plus reimbursable expense basis based on our Standard Hourly Fee Schedule in place at the time of service. C. Review of shop drawings and submittals. D. Perform Iowa DOT required construction testing that may include: 1. Trench backfill compaction testing and test reports. 2. Concrete testing and reports for paving. E. Construction Observation and Administration 1. Observe current work and prepare daily diaries of construction activities. 2. Prepare daily Iowa DOT Bid Item Progress Documentation and Measurement reports. 3. Prepare Iowa DOT Working Day reports. 4. Review and record material inspection reports from Iowa DOT. 5. Prepare Iowa DOT EEO reports. 6. Conduct wage rate interviews and payroll reviews associated with Davis-Bacon wage guidelines. 7. Prepare Iowa DOT Quantity OverFLlnder-run Statements as necessary. 8. Review and recommend change orders. 100179-P 2 CONSULTANT AGREEMENT 9. Review payment applications and provide payment recommendation. 10. Perform pre~nal construction inspection and project review and prepare a listing of remaining work items for Contractor completion prior to final review. 11. Perform final review and inspection with Iowa DOT and City representatives. 12. Complete Statement of Completion (Form 830435). 13. Prepare "Disadvantaged Business Enterprise Certificate of Accomplishment" (Form 102116) and submit to Iowa DOT. 14. Prepare "Interest Data Sheet" (Form 830235) and submit to Iowa DOT. 15. Prepare "Final Estimate" (Form 181235) for final payment. 16. Prepare Contractor Evaluation. 17. Prepare Iowa DOT Audit Report 83031. 18. Provide periodic project updates to affected businesses and property owners. Post-Construction Services A. Construction Record Drawings Prepare construction record drawings of the project and provide electronic AutoCAD format and one (1) reproducible set of construction record drawings to the City. B. Project Close-out Collect and process Contractor's closeout documents and recommend acceptance to the City upon completion of the project. C. Iowa DOT Audit Prepare Iowa DOT audit documents and submit for review with the Iowa DOT, 100179-P 3 CONSULTANT AGREEMENT TIME AND COMPLETION INFORMATION Based on the construction duration specified in the Bid Documents, the Consultant shall complete services for the Project in accordance with the schedule shown below. This estimated schedule assumes contractor compliance with the specified construction duration. Start Complete Construction March 2001 September 2001 Construction Staking March 2001 September 2001 Post-construction September 2001 December 2001 COMPENSATION FOR SERVICES The consultant shall be compensated for the above scope of work utilizing lump sum fees for work that is well defined and on a time and expense basis for tasks where the level of effort is beyond the control of the consultant. Construction staking will be performed on a "one time" basis. Costs for reestablishing stakes are not included. The fees and budgets for time and expense scope of work items are summarized below: A. Hourly Plus Expense Budgets Construction Phase Services $113,000 Post-construction 15.500 Subtotal $128,500 B. Lump Sum Construction Staking Subtotal $ 17,500 TOTAL $146,000 GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity or sexual orientation. 2. 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, gender identity or sexual orientation. 100179-P 4 CONSULTANT AGREEMENT B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed 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. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. 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 right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon masonable request to the Consultant. The City agrees to furnish all masonable assistance in the use of these records and files. F. It is further agreed that no Party to the Agreement shall perform contrary to any state, federal, or local taw or any of the ordinances of the City of Iowa City, Iowa. G. 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. H. 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. I. 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. J. 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. 100179-P 5 CONSULTANT AGREEMENT K. Should any section of the 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. L. 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. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissioners, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. 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 orS1,000,000. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the Generally Accepted Standards of the Engineering Profession. B. 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. C. The City will provide the Consultant the below listed support or information: l. Review of submitted documents in a timely basis. 2. Newspaper and media construction updates. The Consultant will provide the City with drab update reports. 100179-P 6 CONSULTANT AGREEMENT The terms of this proposal are valid for 30 days from the date of this proposal. FOR THE CITY FOR THE CONSULTANT Keyin P. Trom, P.E. Title:. M.ay.or Title: Project Manager Date: March 5,200~- Date: 100179-P 7 Prepared by: Daniel Scott, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5142 RESOLUTION NO. 01-60 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 NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE RECONSTRUCTION OF THE IOWA RIVER DAM AND PEDESTRIAN BRIDGE. WHEREAS, the City of Iowa City desires to reconstruct the existing dam and pedestrian bddge spanning the Iowa River north of the Clear Creek confluence; and WHEREAS, the City of Iowa City desires to contract for the design of the project, which includes concept statement phase. preliminary plan phase, final plan phase, property acquisition, and bid letting services; and WHEREAS, an Agreement for professional engineering services has been negotiated with NNW, Inc. of Iowa City, Iowa 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 NNW, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in duplicate. Approved by ' ' '/'" ' ,~ ~c~ d:l- ~/ A n It was moved by Pfab and seconded by Vander'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner × Lehman O'Donnell ~ Pfab X Vanderhoef ~ Wilburn p~engVes~dam&ped~rdg doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 5th day of 14a~'ch 2001 , by and between the City of Iowa City, Iowa, a municipal corporation: hereinafter referred to as the City and NNW. Inc. of Iowa City hereinafter referred to as the Consultant. WHEREAS, the City desires to assure the stability of the pool formed by the Iowa River Dam and wishes to rehabilitate the existing dam. In addition, the City desires to construct a pedestrian bridge across the dam and spillway area. As part of this project the City of Coralville. having a financial interest in the project, desires to construct a gazebo on the west end of the bridge. (The city of Coralville will reimburse the City for this work.) 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. A. Preliminary Phase: The preliminary phase for the dam is complete. This phase is for concepting, estimating costs and recommending a pedestdan bridge. 1. Develop concepts for the pedestrian bridge with due consideration to aesthetics, constructability with the dam project and cost; 2. Work with Coralville's landscape architect in developing concepts for the bridge; 3. Attend meetings with City Staff and City of Coralville as required; 4. Federal, state and local regulatory submittals, permit and approvals, B. Final Plan Phase: 1. Prepare detail plans, specifications, contract documents and engineer's estimate required for City of Iowa City formal letting; 2. Contract documents shall be in accordance with City, State and Federal requirements and shall use Iowa City Standard Specifications as base specifications; 3. Provide necessary prints and calculations for review by City, State and Federal agencies; 4. Review required construction drawings as well as detailed shop and erection drawings submitted by the contractor for compliance with the design concept of the proposed project; 5, An'ange and hold a pre-construction meeting to be held with the successful bidder to answer technical questions regarding construction of the project; 6. Attend meetings with City Staff as required. C. Gazebo Design 1. Design gazebo on west end of bddge using Coralville Architect's concept. including civil site work and structural design. 2. Integrate this design into the bridge design and include in plans, specifications and contract documents for the bddge. D. Final Cost Estimate 1. Prepare a final cost estimate at completion of design. 2. Determine appropriate cost split between the cities of Iowa City and Coralville, E. Property Acquisition Property acquisitions include property necessary to construct and maintain dam, pedestrian bridge, gazebo, pedestrian trail, and public utilities. 1. Provide legal property plans for necessary fee title acquisitions, permanent easements and temporary easements. 2. Conduct a pre-construction meeting with the cities of ~owa City and Coralville and the successful contractor. F. Letting Services: 1. Print and Distribute plans and specifications to contractors and plan rooms. For budget purposes it is estimated that forty 24x36 plan sets and specifications will be duplicated and distributed. A non-refundable deposit will be charged to the bidders to recover the actual cost of printing the plans and specifications; 2. Assist in the preparation of the formal Notice of Hearing and Letting. Publication costs shall be borne by the City. Prepare and disseminate an informal notice to contractors concerning the upcoming project. 3. Answer questions from contractors prior to letting and issue addenda as appropriate to interpret, clarify or expand the bidding documents; 4. E~e present when bids and proposals are opened, make tabulation of the bids for the City, and recommend award of contract to City. 5. After the award is made, assist in assembling the contract documents for the project included herein. G, Special Services (Not included in contract) 1. Preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered; 2. Assist the City as expert witness in litigation arising from the development and construction of the project and in hearings before various appmving and regulatory agencies, II. TIME OF COMPLETION The intent of the City is to begin construction of the dam in the winter of 2001 with a target letting of September 2001. Review plans shall be submitted to the City by July 15, 2001 III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion,sex, national origin, disability, age, marital status, sexual orientation or gender identity. 2. 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, sexual orientation or gender identity. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "amount not to exceed" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. 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, the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files 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. F. 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. G. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set fodh in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to ensure attendance. H. 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. I. 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. J. 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. K. 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. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies of the Consultant's own filling use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. The Consultant shall not be responsible for the means, methods, procedures, techniques, or sequences of construction. In addition, the Consultant shall not be responsible for the contractor's job site safety, nor be responsible for the contractor's failure to carry out the work in accordance with the contract documents. O. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. P. The Consultant agrees at aH 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. IV. COMPENSATION FOR SERVICES The City agrees to pay for services stated in this agreement on an hourly basis at the hourly rates shown in Appendix A, attached hemto, with a maximum not to exceed amount for each phase: A. Preliminary Bridge Phase: Two Thousand Six Hundred dollars ($2,600.00). B. Final Plan Phase: a. Dam: Fifty Four Thousand Five Hundred dollars ($54,500.00). b. Pedestrian Bddge: Forty Five Thousand Seven Hundred dollars ($45,700.00). C. Gazebo Design: Two Thousand Five Hundred dollars ($2,500.00) D: Letting Services: Two Thousand Two Hundred dollars ($2,200.00) V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that is the entire Agreement, and that no other monies or considerations have been solicited. Approved by: C~ty Attorney s Office Date