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HomeMy WebLinkAbout2011-12-06 Resolution4d(1) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 11 -37 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1422 PLUM STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $6,787, executed by the owner of the property on September 14, 2011, recorded on September 23, 2011, in Book 4805, Page 984 through Page 989 in the Johnson County Recorder's Office covering the following described real estate: Lot 93 in Part Three Plum Grove Acres Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 4, Page 313, Plat Records of Johnson County, Iowa WHEREAS, University of Iowa Community Credit Union is refinancing a mortgage for $125,500 and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by a proposed mortgage in order to induce University of Iowa Community Credit Union to secure first position on such a loan; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above - described real estate to secure the City as a second lien, which is the City's original position. 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 University of Iowa Community Credit Union, Iowa City, Iowa. Resolution No. 11 -378 Page 2 Passed and approved this 6th day of Decemher 20 11 *- ATTEST: ?%Uix-/ Yl - 1- CIT CLERK Approved by City Attorney's Office it was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x_ Mims x Wilburn x Wright (Page 1 of 6) IV�II�IIIII�IIVI�IMI�iI IIIIIIIII�Ilallll 1911 Doe 10: 022303000006 Type: 0EN Kind: MORTOAQE Recorded: 09 /23/2011 at 01:38:29 PM Fee Amt: $32.00 Pane 1 of 8 Johnson County Iowa Kim Painter County Recorder m4805 po984 -989 Prepared by & return to: Lizabeth Osborne, Housing Rehab, 410 E. Washington Street, Iowa City, lA 52240; 319- 356 -5246 Mortgagor(s): Dayna H. Ballantyne Mortgagee: City of Iowa City MORTGAGE THIS MORTGAGE is made between Da"a H. Ballantvne ( "Mortgagor"), and the City of Iowa City, Iowa, a municipal corporation ( "Mortgagee" or "the City"). Grant of Mortgage and Security Interest, Mortgagor hereby sells, conveys and mortgages unto Mortgagee, and grants a security interest to Mortgagee in the following described property: a.Land and Buildings. All of Mortgagor's right, title and interest in and to the following described real estate situated in Iowa City, Johnson County, Iowa (the "Land "): Lot 93 in Part Three Plum Grove Acres Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 4, Page 313, Plat Records of Johnson County, Iowa. also known as 1422 Plum Street. Iowa City, Iowa, subject to a mortgage of even date herewith granted by Mortgagor in favor of City of Iowa City, and all buildings, structures and improvements now standing or at any time hereafter constructed or placed upon the Land (the "Buildings "), including all hereditaments, easements, appurtenances, riparian rights, mineral rights, water rights, rights in and to the lands lying in streets, alleys and roads adjoining the land, estates and other rights and interests now or hereafter belonging to or in any way pertaining to the Land. b. Personal Property. All fixtures and other personal property integrally belonging to, or hereafter becoming an integral part of the Land or Buildings, whether attached or detached, including but not limited to, light fixtures, shades, rods, blinds, venetian blinds, awnings, storm windows, screens, linoleum, water softeners, automatic heating and air conditioning equipment and all proceeds, products, increase, issue, accessions, attachments, accessories, parts, additions, repairs, replacements and substitutes of, to, and for the foregoing (the "Personal Property "). c. Revenues and Income. All rents, issues, profits, leases, condemnation awards and insurance proceeds now or hereafter arising from the ownership, occupancy or use of the Land, Buildings and Personal Property, or any part thereof (the "Revenues and Income "). TO HAVE AND TO HOLD the Land, Buildings, Personal Property and Revenues and Income (collectively called the "Mortgaged Property "), together with all privileges, hereditaments thereunto now or hereafter belonging, or in any way appertaining and the products and proceeds thereof, unto Mortgagee, its successors and assigns. 2. Obligations. This Mortgage secures the following (hereinafter collectively referred to as the "Obligations "): a. The repayment of the debt for the loan made pursuant to and evidenced by the Owner's Acknowledgement of Requirements for Rehabilitation Loan executed on even date herewith. b. Mortgagor's performance of the covenants, agreements, and all other obligations of Mortgagor to the City under this Mortgage, and the Owner's Acknowledgement of Requirements for Rehabilitation Loan now existing or hereafter arising, whether direct or indirect, contingent or absolute including, but not limited to, future advances and expenses incurred by the City pursuant to this Mortgage and any Promissory Note executed pursuant to the Owner's Acknowledgement of Requirements for Rehabilitation Loan. Book 4805, Patre 984, File Number SUBORDINATION AGREEMENT- THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $6.787, and was executed by Dayna H. Ballantyne (herein the Owner), dated September 14, 2011, recorded September 23, 2011, in Book 4805, Page 984 through Page 989, Johnson County Recorder's Office, covering the following described real property: Lot 93 in Part Three Plum Grove Acres Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 4, Page 313, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $124,800 on a promissory note to be executed by the Financial Institution, 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 Mortgage held by the City be subordinated to the lien of the mortgage 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 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. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage 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 hereto. Dated this to day of JEcF-MK ?— , 20_0 CITY OF IOWA CITY Mayor Attest: City rk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By?21� / GUvy On this (c day of bFc>`M 86 R. 120-1 _, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared w e, le. and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say th4t they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. 4!,-37,T passed (the Resolution adopted) by the City Council, under Roll Call No. f the City Council on the Z 4k._ day of 20 t/ , and that T IZ and Marian K. Karr acknowledged the execution of the instrument to be their volun ary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. o�pNA ls SONDi�AEFORT -Jc>+ tope Commission Number r7a- y My Commission Expires sown 3 ao Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 30`h day of September, 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Emma McFarlane, to me personally known, who being by me duly sworn, did say that he /she is the Senior Mortgage Loan Processor of University of Iowa Community Credit Union, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Ryan Doehrmann acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. Notary PuNic in and for the State of Iowa YFO, .1 r-DGS -1 P AN11 �' o ,N Commiss;on f,umber734'144 My Commission expires: f°`a9 Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142 RESOLUTION NO. t t -379 RESOLUTION SETTING A NEW DATE FOR RECEIPT OF BIDS FOR THE BIDDING OF THE COURT HILL TRAIL — PHASE THREE NRT- 3715(649)- -9G -52 PROJECT, AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, this project will be bid by the Iowa Department of Transportation (laDOT); and aa�z► WHEREAS, a public hearing was held and a resolution approving plans, specifications, form of contract and estimate of cost for the construction of the Court Hill Trail — Phase Three NRT- 3715(649)- -9G -52 Project, establishing amount of bid security to accompany each bid, and directing City Clerk to publish advertisement for bids and fixing time and place for receipt of bids was approved by Council at its October 18th, 2011 meeting; and WHEREAS, that resolution and advertisement for bids stated that the bids were to be received by the IaDOT in Ames, Iowa on November 15, 2011; and WHEREAS, bids were not received on November 15, 2011 because the project had been withdrawn from the letting; and WHEREAS, the Department of Public Works recommends that the Council set a new date for receipt of bids. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, 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 of the city. 2. Bids for the above -named project are to be received by the IaDOT in Ames, Iowa, (800 Lincoln Way, Ames, IA 50010) before 10:00 a.m. on the 20th day of March, 2012. Thereafter the bids will be opened and announced by the IaDOT, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 3rd day of April, 2012, or at a special meeting called for that purpose. Passed and approved this 6th day of December , 2011. MAYOR Approved by ATTEST: r. u CIT -RK City Attorney's Officei/ -2-1111 pweng \res \crthi IIph3.doc 11/11 Resolution No. 11 -379 Page Z It was moved by champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: X _%___ x x X X— wpdata/glos sa ry/resol utio n -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright m Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. 11 -380 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY MERCER PARK AQUATIC CENTER POOL FILTER REPLACEMENT PROJECT ii4d(3) vi WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Mercer Park Aquatic Center Pool Filter Replacement Project, as included in a contract between the City of Iowa City and Aqua Logic, Inc. of Waconia, Minnesota, dated April 27, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Mercer Pool Filter Replacement Project account # 4324 - 445100; and WHEREAS, the final contract price is $213,372.08. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of December . 20 11 ATTEST: A,,� - � CITY LERK 4C_A,,A--A1 MAYOR Approved by ity Att rxiey's ffic i 1-2 // It was moved by Champion and seconded by Wri ghr the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion g Dickens X Hayek x Mims x Wilburn x Wright Pweng /res /mercerpkaquafilter - acptwork.doc 11/11 � r , 111 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org November 22, 2011 Honorable Mayor and City Council Iowa City, Iowa Re: Iowa City Mercer Park Aquatic Center Pool Filter Replacement Project Dear Honorable Mayor and Councilpersons: I hereby certify that Aqua Logic Inc., of Waconia, Minnesota, Iowa has completed the construction of the Iowa City Mercer Park Aquatic Center Pool Filter Replacement Project in substantial accordance with the plans and specifications prepared by Pool Tech Midwest, Inc., of Cedar Rapids, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $ 213,372.08 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ron Knoche, P.E. City Engineer S: \ENGWRCHITECTURE FILE \Projects \Mercer Aquatic Center Pool Filter Renovation Project \Engineer's Report_Mercer UV Filter Replacement project 12 06 11.cloc 4d(4) Prepared by: Denny Gannon, Ass't City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142 RESOLUTION NO. 11-381 RESOLUTION ACCEPTING THE WORK FOR A TRAIL LOCATED IN SANDHILL ESTATES - PART ONE, AND DECLARING THE TRAIL OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvement has been completed in accordance with the plans and specifications of the City of Iowa City: An 8' wide trail located between lots 9 and 10 on Outlot A of Sandhill Estates - Part One, as constructed by McAllister Concrete of Fairfax, Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvement is hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 6th day of December , 2011. MAYOR Approved by ATTEST: CITY LERK City Attorney's Office 1112- -7 i!1 It was moved by Cbaml2j on and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims X Wilburn X Wright pweng /res /acptwork- sandhillptl .doc 11/11 1 r i -r= III, w f CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5007 FAX www.icgov.org ENGINEER'S REPORT November 23, 2011 Honorable Mayor and City Council Iowa City, Iowa Re: Sandhill Estates — Part One Dear Honorable Mayor and City Council: I hereby certify that the construction of a trail in Sandhill Estates — Part One has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The trail is 8' in width and is located between lots 9 and 10 on Outlot A of Sandhill Estates — Part One. It was constructed by McAllister Concrete of Fairfax, Iowa. I recommend that the City of Iowa City accept the above - referenced improvement. Sincerely, q,j 7 t, Ronald R. Knoche, P.E. City Engineer pweng /engrpt- sandhi 11 ptl .doc :4:d 51 2 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -382 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 1622 WILSON STREET, IOWA CITY, IOWA. WHEREAS, on January 28, 2008, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1622 Wilson Street, Iowa City, Iowa from a Mortgage recorded February 1, 2008, Book 4259, Page 400 through Page 405 of the Johnson County Recorder's Office. Passed and approved this 6th day of December 2011 �:: .1 _ ATTEST: CITY CLERK Approved by i( , ') � -41 City Attorney's Office It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims X Wilburn X Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s):Scott M. Hansen and Julie L. Hansen Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 1622 Wilson Street, Iowa City, Iowa, and legally described as follows: Lot 29 and 30, Block 9, Morningside Addition to Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the owners, Scott M. Hansen and Julie L. Hansen, to the City of Iowa City represented by a Mortgage recorded February 1, 2008, Book 4259, Page 400 through Page 405 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: qd CITY LERK STATE OF IOWA ) ► SS: JOHNSON COUNTY ) A MAYOR Approved by City Attorney's Office On this (a day of A.D. 201, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek 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; he corporation by authority of its City Council, as contained in Resolution No. //—_4 adopted by the City Council on the — day AE-CF.MaEa 20— and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. i 4ME d F.r-6 91 Notary Public in and for Johnson County, Iowa ral 4d(6) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -383 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 1520 ESTHER STREET, IOWA CITY, IOWA. WHEREAS, on June 2, 2003, the owners executed two Mortgages with the City of Iowa City to secure a loan; and WHEREAS, on April 6, 2004, the owners executed two more Mortgages with the City of Iowa City; and WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1520 Esther Street, Iowa City, Iowa from two Mortgages recorded June 17, 2003, Book 3563, Page 924 through Page 930, and Book 3563, Page 931 through Page 935; and two Mortgages recorded April 8, 2004, Book 3716, Page 594 through Page 600, and Book 3716, Page 601 through Page 607 of the Johnson County Recorder's Office Passed and approved this 6th day of December , 20_11 Apprp-1ved by ATTEST: CITY ERK City Attorney's Office Resolution No. Page Z 11 -383 It was moved by Champion and seconded by wrigh�_ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Bailey x Champion X Dickens x Hayek x Mims x Wilburn x_ Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Wayne A. and Sandra A. Cleveland Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 1520 Esther Street, Iowa City, Iowa, and legally described as follows: Lot 9 in village Green South, Iowa City, Iowa, according to the plat thereof recorded in Book 17, Page 9, Plat Records of Johnson County, Iowa. Subject to easements and restrictions of record thereof. from an obligation of the owners, Wayne A. and Sandra A. Cleveland, to the City of Iowa City represented by two Mortgages recorded June 17, 2003, Book 3563, Page 924 through Page 930, and Book 3563, Page 931 through Page 935; and two Mortgages recorded April 8, 2004, Book 3716, Page 594 through Page 600, and Book 3716, Page 601 through Page 607 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST:' CITY C CERK STATE OF IOWA ) SS: JOHNSON COUNTY 1 -0 „l Appro 1 ► - a City Attorney's Office On this (— day of .Dar&%G-0 , A.D. 20 /1 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek 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 ha corporation by authority of its City Council, as contained in Resolution No. 11– 323, adopted by the City Council on the L t day .b fi:m,$ p , 20 lL and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. J ESON7DRAE ORT r 159791 Strnw.� Expires Notary Public in and for Johnson County, Iowa Mpg 4e(1) Prepared by: Ron Knoche, City Engineer, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5138 RESOLUTION NO. 11 -384 RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF A UTILITY EASEMENT ACROSS RALSTON CREEK LOCATED WITHIN A PORTION OF LOT 1, BLOCK 20, COUNTY SEAT ADDITION, IOWA CITY, IOWA, AND SETTING A PUBLIC HEARING ON SAID PROPOSED CONVEYANCE FOR JANUARY 10, 2012. WHEREAS, MidAmerican Energy wishes to install underground electrical utility lines across Ralston Creek located within a portion of Lot 1, Block 20, County Seat Addition, Iowa City, Iowa, for the provision of electrical service to nearby properties; and WHEREAS, in order to install such utilities, MidAmerican Energy has requested the City grant it an underground utility easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to consider the conveyance of an underground utility easement across Ralston Creek located within Lot 1, block 20, County Seat Addition, Iowa City Iowa, to MidAmerican Energy. 2. A public hearing on said proposal should be and is hereby set for January 10, 2012 at 7 p.m. in Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 6th day of December , 2011. � A MAYOR Approved by ATTEST: CITY CLERK City Attorney's Officer/. �/ Resolution No. Page 2 11 -384 It was moved by champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x_ Champion x Dickens _ X Hayek x Mims x Wilburn _ x Wright wpdata/glossa ry/resol utio n -ic. doc t =(2�) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -385 RESOLUTION SETTING PUBLIC HEARING FOR JANUARY 10, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 410 DOUGLASS STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -six single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 410 Douglass Street, Iowa City; and WHEREAS, the City has received an offer to purchase 410 Douglass Street for the principal sum of $105,000; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 410 Douglass Street, Iowa City, Iowa, also known as part of Lot 10 in Wise Addition, for the sum of $105,000. 2. A public hearing on said proposal should be and is hereby set for January 10, 2012, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 11 -385 Page 2 It was moved by champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright Passed and approved this 6th day of December , 2011. N,LN X, d- ATTEST: CI Y CLERK Approved by City Attorney's Office Prepared by: Denny Gannon, Ass't City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142 RESOLUTION NO. 11 -386 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER. WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR BOYD'S FASHIONABLE ACRES, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Boyd's Fashionable Acres, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Boyd's Fashionable Acres, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 6th day of December , 2011. - CA2� JS MAYOR Pro tem Approved by ATTEST: A2 CITY CLERK City Attorney's Office j Z, i/ It was moved by Chamion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: X X X X X X pweng /res /acptwork- boydfashacres.doc 11/11 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright ABSTAIN: X ENGINEER'S REPORT December 5, 2011 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa S2240 -1826 (3 19) 356 -5000 (319) 356 -5007 FAX www.icgov.org Honorable Mayor and City Council Iowa City, Iowa Re: Boyd's Fashionable Acres Dear Honorable Mayor and City Council: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Boyd Fashionable Acres have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, ,-�,_Ll2 Ronald R. Knoche, P.E. City Engineer pweng /engrpt - boydfashacres.doc M;3 Prepared by: Denny Gannon, Asst City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142 RESOLUTION NO. 11 -387 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, TRAIL, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR ROCHESTER RIDGE - PART ONE, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line and water main improvements for Rochester Ridge - Part One, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Trail, certain sidewalk, and paving improvements for Rochester Ridge - Part One, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 6th day of December , 2011. MAYOR Pro tem Approved by ATTEST: 46d CITY E K City Attorney's Office it 1-2-1 /I/ It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: X X X X X X pweng /res /acptwork- rochrdg -partt .doc 11/11 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright ABSTAIN: X ENGINEER'S REPORT December 5, 2011 I CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356 -5000 (3 19) 356 -5007 FAX www.icgov.org Honorable Mayor and City Council Iowa City, Iowa Re: Rochester Ridge — Part One Dear Honorable Mayor and City Council: I hereby certify that the construction of the sanitary sewer, storm sewer, tile line, water main, trail, certain sidewalk, and paving improvements for Rochester Ridge — Part One have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, tile line, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the trail, certain sidewalk, and paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. The trail is 8' in width and is located on Outlot A. The sidewalks are 5' in width and are located adjacent to the north side of Lower West Branch Road abutting Outlot A, adjacent to the west side of Teton Circle abutting Outlot B, and adjacent to the south side of Lower West Branch Road abutting Outlot C. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng /en g rpt -roch n dge- pll.doc 12- Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5239 6@ (SUB 11-00015) RESOLUTION NO. 11 -388 RESOLUTION APPROVING THE PRELIMINARY PLAT OF MACKINAW VILLAGE PART 4, IOWA CITY, IOWA. WHEREAS, the owner, Prime Ventures Construction, Inc., filed with the City Clerk, an application for approval of the preliminary plat of Mackinaw Village Part 4, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Mackinaw Village Part 4, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this61hday ofDecem e2-011 ATTEST: CITY iXERK 4 MAYOR %ol Approved by ��;tt�:P.uccTliZ>� N�1 -ram City Attorney's Office l I �.a%/ f It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X s \pcd \mack 4 preliminary plat - resolution.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Jai To: Planning & Zoning Commission Item: SUB11 -00015 Mackinaw Village Part 4 GENERAL INFORMATION: Applicant: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: STAFF REPORT Prepared by: Sarah Walz Date: November 15, 2011 Prime Ventures 580 Madison Avenue, Unit #3 North Liberty, IA 52317 Kevin @wattsdevelopment.com 319 - 665 -9200 preliminary plat a 16 -lot, single - family residential subdivision Sugar Loaf Circle, north of Foster Road and west of Mackinaw Drive. 3.84 acres OPD -5 Undeveloped North: OPD -5 Residential South: ID -RS Institutional (Elks Club Golf Course) East: OPD -5 Residential West: Iowa River, Iowa City Limits Conservation and cluster development, 2 -5 units per acre Foster Road Open Space District October 27, 2011 December 12, 2011 A preliminary plat and OPD plan for Mackinaw Village, a 115 -lot, 75.25 -acre subdivision, was originally approved in 2004. The plan allowed for cluster development in order to preserve environmentally sensitive features including the Iowa River corridor, floodplain, wetlands, regulated slopes, and woodlands. To date Parts 1 -3, located to the east and north of the subject property, have been final platted. Because preliminary plats are effective for a period of 24 months the original plat for part 4 has expired. The original plat for this area indicated 17 single - family lots located along the Sugar Loaf Circle cul -de -sac. The present plat, which mirrors the original subdivision layout, provides 16 lots (one lot has been eliminated to create wider lots around the bulb of the cul -de -sac). The applicant has indicated that they intend to use the Good Neighbor Policy. 2 ANALYSIS: Compliance with Comprehensive Plan The North District Plan promotes the use of cluster development in order to preserve environmentally sensitive features. The original OPD plan for Mackinaw Village included a mix of lot sizes and medium density development clustered at the south end of the development near Foster Road. As with the original, the current preliminary plat for Part 4 includes some lots that do not meet the minimum width or lot area requirements of the RS -5 zone. These variations were approved as part of the Sensitive Area Development Plan for the original plat with the condition that homes built on narrow lots demonstrate compliance with the section 14 -6K -1 N.3.k. of the old zoning code with regard to placement of garages (see attached). Homes already established along Mackinaw Drive (Part two of Mackinaw Village) comply with this requirement. In the current plat for Part 4, lots 97 -99 fall short of the 60 -foot minimum lot width standard of the RS -5 zone. To comply with the OPD plan, the proposed plat requires the same standards for garage location. Access and Street Design Sugar Loaf Circle is accessed from Foster Road via Mackinaw Drive. An 85 -foot long stub for Sugar Load Circle is already established at the intersection with Mackinaw Drive. In conformance with the previous subdivision regulations, the stub is established with a 50 -foot right -of -way with 4 foot sidewalks on both sides of the street. Under the current subdivision regulations, a cul -de -sac of this size (serving more than 10 lots) requires a 60 -foot right -of -way with 5 -foot sidewalks. Given the existing stub, staff believes it is appropriate for the remainder of the street to be continued with the established 50 -foot right -of -way and 4 -foot sidewalks. The original plan showed a sidewalk connection to Foster Road located along a sanitary sewer easement that ran diagonally from the cul -de -sac to the southwest corner of the property. Because the sanitary sewer connection is now provided between lots 96 and 97, an easement to Foster Road is not included on the plat. Staff recommended that a sidewalk connection between the cul -de -sac and Foster Road be included. The logical location for the connection as shown on the plat is between lots 89 and 90. This passes through any area that was designated as a construction limit area in the original plan. Staff believes that grading to accommodate a 10 -foot access easement in this area is appropriate. Sensitive areas: Grading and tree removal plans were required as part of the original subdivision. Most grading was completed on the site under the previous preliminary plat. The present plat shows construction area limits and tree removal in compliance with plans approved with the original plat. Storm water management: The City engineer is reviewing the plat. At least one issue has been identified with regard to storm water drainage that may require the relocation of a drainage easement. We believe there will be opportunity to address and anticipate a corrected plat before the commission meeting on Thursday. Infrastructure fees: Water main extension fees of $395 per acre. There are no sanitary sewer fees for this area. Neighborhood parkland or fees in lieu of: Per the zoning code, the neighborhood open space requirement for all of Mackinaw Village is 1.77 acres. This requirement was fulfilled during the final plat of Part 2 with the dedication of Outlot C, a 1.8 acre parcel of open space in the northwest area of the subdivision. PCD \Staff Reports \sub11 -00015 mackinaw 4.doc 3 DEFICIENCIES AND DISCREPANCIES: The City Engineer is still reviewing the plat. At least one issue with regard to storm water drainage has been identified. Staff believes there will be opportunity to address this issue and that the applicant will be able to submit a revised plat in time for the Thursday meeting. STAFF RECOMMENDATION: Staff recommends deferral pending the City Engineer's review of the plat and grading and erosion control plans. Upon resolution of any issues identified by the City Engineer, staff recommends approval of SUB11- 00015, the preliminary plat of Mackinaw Village Part 4, a 3.84 acre 16 -lot residential subdivision located along Sugar Loaf Circle, north of Foster Road and west of Mackinaw Drive. ATTACHMENTS: 1. Location Map 2. Aerial view 3. Garage location standards 4. Plan or plat Approved by: / Robert Miklo, Senior Planner, Department of Planning and Community Development PCD \Staff Reports \subt 1-00015 mackinaw 4 .doc LIM Cl) M o' 0 0 0- 00, vr-- 5 IL -J () (L 0 5 fu 0 M 83HSIMS'' U- -aj kNlll3HSOIS Ln LU LA O N cc M fu 0 M 83HSIMS'' U- -aj kNlll3HSOIS Ln LU Scale: 1" =200' CITY OF IOWA CITY SITE LOCATION: Mackinaw Village - Part Four Y,► VA LZ 10 1 '40 14 -6K -1 k. Additional Considerations: Due to the concentration of dwelling units and the juxtaposition of different land uses that can be achieved by incorporating the above provisions into the design of a sensitive areas development plan, adherence to the following design considerations is encouraged to as- sure that the resulting development is 1 IMM"I'MI SIDE DRIVE (ATTACHED) SIDE DRIVE (DETACHED) (2) Where reduced front yards are proposed, the use of porches is encouraged to provide a tran- sition between the street and the dwelling unit. (3) Where a variety of housing types, such as single - family, duplex and multi - family build- ings, are mixed within a develop- ment, similar architectural schemes, scale, massing and materials should be used to help assure that the various building types are compatible. The use of traditional Iowa City architectural styles, such as prairie, crafts- man, vernacular farm house and Victorian designs, is encour- 14 -6K -1 attractive and provides for a transition between public streets and private residences: (1) Where narrower lots are proposed, garages should be located so that they do not domi- nate the streetscape, as illustrat- ed below: �.. . RECESSED FRONT GARAGE Iowa City 1 ALLEY (ATTACHED OR DETACHED) aged. (Ord. 95 -3699, 12 -5 -1995; amd. Ord. 96 -3755, 10 -22 -1996) 4. Commercial, Research Develop- ment, Office Research And Industrial Development Guidelines: These de- velopment guidelines recognize that when environmentally sensitive fea- tures exist on a commercial, research development, office research or indus- trial property, it may be appropriate to minimize development in and near the sensitive area(s). To mitigate for the loss of development potential, these guidelines allow for an increase in building height and a reduction in yard and parking requirements, as follows: a. The height of a building may be increased up to ten feet (10'). U V) in <n y °m v oop Q Z ? w O U- N� E' w� F-- u O � N Q U w mOm H z O- U U S w m� E 5 z ¢� M Z I- Z rq < o a u co o m o w a � w 0 Y CD UV) O t a g o n J W Q g QZQ C) p « W 0> 3:23 U co w d Q � y e'ac �> O�O 6 5 g N i O z s��b Q N�jbj ° gskF .aFa9 , WF$Fae � a$ RR w ME; a5m�a °�saa�p:aa�w�eg3�es a I <�o< Q enr�ao�r� ®a U) III lo € <9 Q f� zry W �0 p u- W W C J " J `O W\ j / r_ � � U cn_Jer !W^ >O W LL Z QU zQ J w z N O a U3 w � j w O w m U O = O Q 7 U - 30 m � U z z O s= j r I I zw Q O Z O ! w > yy D z H K W Z O m - w Q u H m F it _ { �K °mz0 fn a�n D ... =;�asoa M. S`aeg� w o za .0 Q 30o- Q a i o cr W 'y O Q Cf 92 U H z w N Q ¢ ~ w o av=im �zE5 d U Vj U �NrQ }85 <zE _ z 0 w� O U- Q 3 w0 g� U J_ Q > O_ Q z Y U Q °�er3d seoa oi� ° z 'o � vaiaws H R<;y< wig - LLoz��N a w Z� OC) 0 r Q O UZ O Sarah Walz From: Sarah Walz Sent: Thursday, November 17, 2011 12:24 PM To: Istephanie.steuben @mchsi.com' Subject: RE: Objection to Prime Ventures Stephanie: Bob Miklo asked me to respond to your e -mail regarding Mackinaw Village Part 4. Please know that your letter will be provided to the Planning and Zoning Commission at their meeting tonight. Given your concern, I do think it is appropriate to provide you with some background information. First, the application that is now before P &Z is not a rezoning - -the property is already zoned for residential uses and has been since 2004. Also, the application is not something altogether new: it is basically a renewal of a preliminary plat that was originally approved in 2004 as part of the overall plan for the development of Mackinaw Village. That is, the plan to develop this property in the manner proposed was part of the same plan for development along Mackinaw Drive where your home is located. While I do understand your concerns with regard to the changing view from your backyard, given the present zoning, the City cannot deny the applicant the right to develop this property. So long as the preliminary plat meets the City's current subdivision regulations and the Comprehensive Plan, the commission would likely have insufficient reason to deny the application. Feel free to contact me or Bob Miklo if you have additional questions about the process. Sarah - - - -- Original Message---- - From: Stephanie Steuben [mailto:stephanie.steuben @mchsi.com] Sent: Wednesday, November 16, 201110:01 PM To: Bob Miklo Subject: Objection to Prime Ventures To Whom it May Concern, I recently purchased the house at 1753 Mackinaw Dr and I STRONGLY object to Prime Ventures building Mackinaw Village Part 4 in my backyard. One of the main reasons my family and I were so drawn to our house was the view from the backyard. It is a wonderful nature area and we aren't ready to give that up for more houses. I am concerned about destroying the habitat behind my property. My young daughter enjoys seeing all of the deer and animals back there and I think it would be a shame to destroy that area. We enjoy the peace and quiet in this neighborhood. I don't want to come home from a stressful day of work at UIHC to a noisy area being developed. I don't want to tell my daughter she can't go play in her backyard because there is construction going on! As I was house hunting, I couldn't help but notice that Prime Ventures already owns numerous properties throughout Johnson Co. In my opinion, they should leave the Mackinaw area alone and finish their building elsewhere. Please please do not let Prime Ventures develop more houses in my backyard!!!! Sincerely, Stephanie (Steuben) Power 515 - 491 -1748 Sarah Walz From: Sarah Walz Sent: Thursday, November 17, 2011 12:05 PM To: 'jamie.tisdale @gmail.com' Subject: RE: SUB11 -00015 - Mackinaw Village Part IV (Foster Road and Mackinaw Drive) Jamie, Bob Miklo asked me to respond to your e -mail regarding Mackinaw Village Part 4. Your letter will be passed along to the Planning and Zoning Commission at their meeting tonight. With regard to the application that is before P &Z, please note that this is not a rezoning (the property is already zoned for residential uses). The present application is a renewal of a preliminary plat that was originally approved in 2004, when the entire Mackinaw Village concept (Parts 1 -4) were considered. So long as the preliminary plat meets the City's subdivision regulations and the Comprehensive Plan, the commission would likely have insufficient reason to deny the application. The City cannot dictate the market issue with regard to lots already available for sale in the area. Your concerns about access in the event of a flood are certainly legitimate and I know that the City engineer is working to address these issues. The City has not up -zoned areas along Foster Road for this reason. I have passed your comments regarding stormwater drainage to our engineering department for a second look. They will consider whether this is an issue that has to do with the engineering of the subdivision and we will report their assessment to P &Z. I am also passing along your concerns with regard to on- street parking to our transporation planners. I will ask them to respond to you with any potential solutions. Sarah - - - -- Original Message---- - From: Jamie Tisdale [ mailto:jamie.tisdale @gmail.com] Sent: Thursday, November 17, 201110:44 AM To: Bob Miklo Cc: jthrogmo @yahoo.com; Regenia Bailey Subject: SUB11 -00015 - Mackinaw Village Part IV (Foster Road and Mackinaw Drive) Mr. Miklo, If possible, please pass this correspondence on to the Planning and Zoning Commission at their meeting this evening. Thanks, Jamie Tisdale Jamie Tisdale 1760 Mackinaw Drive Iowa City, IA 52245 November 17, 2011 Dear Planning and Zoning Commission, I regret that I cannot attend tonight's meeting in person. In lieu of appearing before you I am writing to voice some concerns I have regarding SUB11- 00015. My family and I have lived on Mackinaw Drive since February 2007. At that time we were the only people living on the street. Since then I have been pleased to see our development fill out with great neighbors and I am by no means opposed to having more. Here are the things I would like the commission to address (or at least be mindful of with respect) to this application: 1. As you know, this entire area was evacuated during the flood of 2008 due to lack of access on Foster Road. I understand there are discussions as to how to mitigate this in the future involving our downhill neighbors in Idylwild and Taft Speedway. I have no opinion as to how this is mitigated and trust the city and its engineers to do what is best for everyone but until there is a plan to deal with this in the future I question the prudence of zoning more development in our area. The number of people in our area has more than tripled since 2008 (on previously -zoned land). I know our neighbors in the Peninsula Neighborhood and Elk Run have seen a great deal of growth in the last couple years as well. If a flood of 2008 magnitude were to happen again — and I strongly believe it would be foolish to simply assume it will not — many more people would have to be evacuated on top of the hill. This needs to be fixed before we encourage more development. 2. Storm water management is an issue in that area of our neighborhood and I feel as though the report glosses over this. I know of at least one neighbor on the west side of Mackinaw Drive who has had water issues in their basement due to torrential rain. I can also attest that several inches of rain will stand in the graded area for this plat after a large rainfall. For several years I had an unobstructed view of the area and could see it from my house. 3. While our area has seen substantial growth the last couple years, there are still a large number of undeveloped SFH lots in our addition, in particular on Manitou Trail. I would like to see this fill out more before new lots are zoned that would likely compete with the already -zoned lots in our addition. 4. This is a minor concern, but the off - street parking situation in our neighborhood has gotten out of hand. It is already an accident waiting to happen with cars parked on both sides of the road most of the time. Failing some management of this (picking a side for no parking, etc) the increased traffic will only increase the certainty of said accident. I understand this probably falls out of the purvey of P &Z but this is another thing that needs to be addressed before we encourage more development in the area. Again, I am not opposed to the addition of homes to our neighborhood but I would like to see these things addressed before the commission moves forward with zoning for more development. Thank you for your time. Best Regards, Jamie Tisdale jamie.tisdale @gmail.com CC: Jim Throgmorton, Regenia Bailey z Subdivision SUB11- 00015: RESOLUTION APPROVING THE PRELIMINARY OF MACKINAW VILLAGE PART 4, IOWA CITY. IOWA. CITY OF 10 WA CITY Ilk s� �Y N ID -RS s J O P D5 ON POINT RD s � OUI4 a PL RDp(R R M1 OPQ AF WITE DAX Pt R M20 3 ID -RS SITE LOCATION: Foster Road and Mackinaw Drive SUB11 -00015 age, --IF v 1000' �M MY,FM T�LitY btlM AMA ! i 1000' �M MY,FM T�LitY btlM r 1000' �M MY,FM T�LitY btlM !"4fl Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -389 RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY FOR 1443 PRAIRIE DU CHIEN ROAD AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH. WHEREAS, City staff has negotiated a purchase agreement with Iowa Valley Habitat for Humanity to sell 1443 Prairie Du Chien Road for $30,000, which requires City Council approval; and WHEREAS, Iowa Valley Habitat for Humanity intends to construct an owner - occupied single family unit on the lot; and WHEREAS, following public hearing, the City finds that said purchase agreement should be approved and that the property should be conveyed in accordance therewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The purchase agreement with Iowa Valley Habitat for Humanity is approved. 2. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute all documents necessary to dispose of said property in accordance with said purchase agreement. Passed and approved this 6th day of December _, 2011. ATTEST: r� CITY LERK -1 Approved bye� `�J(QL3 City Attorney's Office ((- t )--(r Resolution No. 11 -389 Page 2 It was moved by Wright and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: x x X x x x x wpdata /glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright M i Prepared by: Tracy Hightshoe, Community Dev. Planner, 410 E. Washington Street, Iowa City, IA 52240; (319) 356 -5230 RESOLUTION NO. 11 -390 A RESOLUTION AMENDING IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (A.K.A. CITY STEPS); WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires that the City of Iowa City, Iowa, prepare and submit a Consolidated Plan for the coordinated use of federal, state and local funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City of Iowa City has disseminated information, received public input and held a public hearing regarding the proposed amendment to Iowa City's 2011 -2015 Consolidated Plan; and WHEREAS, the Housing and Community Development Commission has held a public meeting and recommended changing the priority for "Transportation Services" in Iowa City's 2011 -2015 Consolidated Plan from "medium" to "high "; and WHEREAS, the City Council finds changing the priority for "Transportation Services" in Iowa City's 2011 -2015 Consolidated Plan from "medium" to "high" helps achieve the goals set forth within said plan; and WHEREAS, the City Council finds that the public interest will be served by amending Iowa City's 2011 -2015 Consolidated Plan as shown herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Iowa City 2011 -2015 Consolidated Plan, as amended, is hereby adopted and approved. 2. The City Council authorizes the City Manager to submit to HUD all necessary documents related to the submission of Iowa City's 2011 -2015 Consolidated Plan, as amended. Passed and approved this 6th day of December , 2011. ATTEST: - CITY ERK MAYOR _ Appr e City Attorney's Office Resolution No. 11 -390 Page 2 It was moved by ' Champion and seconded by Bailey ey the Resolution be adopted, and upon roll call there were: AYES: —x x x X X X x wpdata /glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DEERY DEERY AND DEERY LL FOR LOTS 16 AND 17 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVI ION WITH AN OPTION TO PURCHASE LOTS 13 -15 AND AUTHORIZI G CONVEYANCE IN ACCORDANCE THEREWITH. WHEREAS, The North Airpo Development Subdivision inc udes commercial lots which have been marketed for sale to the g neral public; WHEREAS, the City has negotiatI, a purchase agreeme�it with Deery Deery and Deery LLC that requires City Council approval; \ / WHEREAS, said purchase agreement rovides that bu er will purchase Lot 17 for $235,000 and Lot 16 for $165,000 and will have a 180 -day opt i to purchase Lots 13 -15 for $165,000 each; and WHEREAS, following public hearing, the Cit findsfhat said purchase agreement should be approved and that the property should be conve ed i accordance therewith. NOW, THEREFORE, BE IT RESOLVED BY THECITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The purchase agreement with Deery Dee and DPI 2. Upon the direction of the City Attorne , the Mayo execute all documents necessary t dispose of purchase agreement. Passed and approved this ATTEST: CITY CLERK of MAYOR LLC is approved. 1 the City Clerk are authored to property in accordiiice w& said 2011. Approved \ \ City Attorney's Office I I�'�:� 9 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -391 RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DEERY DEERY AND DEERY LLC FOR LOTS 16 AND 17 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION WITH AN OPTION TO PURCHASE LOTS 13 -15 AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH. WHEREAS, The North Airport Development Subdivision includes commercial lots which have been marketed for sale to the general public; WHEREAS, the City has negotiated a purchase agreement with Deery Deery and Deery LLC that requires City Council approval; WHEREAS, said purchase agreement provides that buyer will purchase Lot 17 for $235,000 and Lot 16 for $165,000 and will have an 180 -day option to purchase Lots 13 -15 for $165,000 each; and WHEREAS, following public hearing, the City finds that said purchase agreement should be approved and that the property should be conveyed in accordance therewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The purchase agreement with Deery Deery and Deery LLC is approved. 2. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute all documents necessary to dispose of said property in accordance with said purchase agreement. Passed and approved this 6th day of December , 2011. MAYOR Approved ATTEST: CITY ERK City Attorney's Office Resolution No. 11 -391 Page 2 It was moved by champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion g Dickens x Hayek _ x Mims X Wilburn x — Wright wpdata/glossary/resolution - ic.doc Prepared by and return to: Kirsten H. Frey, AT0002699, 920 S. Dubuque Street - P.O. Box 2000, Iowa City, IA 52244 -2000 (319) 351 -8181 RESOLUTION NO. 11 -392 RESOLUTION DISCLAIMING ANY INTEREST IN THE IOWA CITY COMMUNITY SCHOOL DISTRICT'S CENTRAL ADMINISTRATIVE OFFICE, LOCATED AT 509 SOUTH DUBUQUE STREET, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the Iowa City Community School District owns and operates its Central Administrative Office at the property located at 509 South Dubuque Street, Iowa City, Iowa; and WHEREAS, the Iowa City Community School District has recently reached an agreement with the University of Iowa for the Iowa City Community School District's sale and the University of Iowa's purchase of the above - described property; and WHEREAS, in preparation for the closing in connection with the above - referenced sale, a title objection was raised regarding the historical title to a portion of the property upon which the above - described building is located, said property being described as: Lot 2, Block 8, County Seat Addition, Iowa City, Johnson County, State of Iowa; and WHEREAS, the above - described property was previously conveyed to the City of Iowa City by way of a deed dated November 20, 1855, which was recorded November 30, 1855, which deed conveyed the property to the City of Iowa City to be used by the City "solely and exclusively for school purposes "; and WHEREAS, at the time of the above - described conveyance, the City of Iowa City was operating public schools within Iowa City; and Resolution No. 11 -392 Page 2 WHEREAS, the Independent School District of Iowa City was established in 1858 and the City of Iowa City transferred responsibility and authority for operating schools to the Independent School District of Iowa City at that time; and WHEREAS, Section 1167 of Chapter 71 of Title 14 of the 1851 Code of Iowa describes the powers of new Independent School District as follows: "the new district thus formed becomes responsible for the liabilities, and shall assume the control of the property and assets of the districts of which it is constituted "; and WHEREAS, the City of Iowa City did not prepare or record a deed conveying the above - described real property to the Independent School District of Iowa City in 1858 as the change of title was commensurate with the change in responsibility for school district operations; and WHEREAS, to provide clarity and remove any cloud on title by the failure to convey the property by deed in 1858, the City of Iowa City is willing to disclaim any interest it may appear to have in the property; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that: 1. The City of Iowa City has does hereby disclaim any interest in the real property located at 509 South Dubuque Street, Iowa City, Iowa, a portion of which is legally described as: Lot No. Two in Block No. Eight, as designated on the recorded plat of that part of Iowa City known as the County Seat of Johnson County, Iowa. It was moved by Bailey and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: —x x x x x x x NAYS: KF39 \069a 14222a 2 ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Resolution No. 11 -392 Page 3 Passed and approved this 6th day Of Decmeber , 2011. � � A MAYOR ATTEST: �J CIT ERK e� e 1Z KF39 \069a14222a 11 RESOLUTION NO. n -393 RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1,832,000 MIDWESTERN DISASTER AREA REVENUE BONDS (EPS PROPERTIES LLC PROJECT) SERIES 2011, WITH THE PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED TO EPS PROPERTIES LLC, AN IOWA LIMITED LIABILITY COMPANY; THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT AND ASSIGNMENT TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY AND EPS PROPERTIES LLC; THE ASSIGNMENT BY THE CITY TO THE ORIGINAL PURCHASER OF THE RIGHTS AND INTEREST OF THE CITY IN AND TO SAID LOAN AGREEMENT; THE SALE OF SAID BONDS; AND RELATED MATTERS. WHEREAS, the City of Iowa City, Iowa, (hereinafter "Issuer ") a political subdivision organized and existing under the Constitution and laws of the State of Iowa, a municipal corporation organized and existing under the Constitution and laws of the State of Iowa, is authorized and empowered by .Chapter 419 of the Code of Iowa, as amended, (hereinafter "Act ") to issue Midwestern Disaster Area revenue bonds and loan the proceeds from the sale of said bonds to one or more parties to be used to defray all or a portion of the cost of constructing and improving land, buildings and improvements for a "project," as that term is defined in the Act specifically including a project which is suitable for a purpose that is eligible for financing from Midwestern Disaster Area bonds authorized under the federal Emergency Economic Stabilization Act of 2008, Pub. L. No. 110 -185, together with any other financing necessary or desirable in connection with such purpose and located within Issuer; and WHEREAS, the Issuer has been requested by EPS Properties LLC, a limited liability company organized under Chapter 489 of the laws of Iowa (hereinafter "Borrower"), to authorize and issue its Midwestern Disaster Area Revenue Bonds (the 'Bonds ") pursuant to the provisions of the Act for the purpose of financing all or a portion of the cost of constructing and improving an interest in 3.51 acres of land and a new 10,000 square foot medical office building located in the 2600 block of Northgate Drive, Iowa City, Iowa, together with all incidental items and paying the costs of issuance of the Bonds (hereinafter "Project ") which Project will be owned and operated by Borrower; and WHEREAS, it is necessary and advisable that provisions be made for the issuance of Midwestern Disaster Area Revenue Bonds, Series 2011 (EPS Properties LLC Project), of the Issuer in an aggregate principal amount not to exceed $1,832,000 (the 'Bonds ") as authorized and permitted by the Act to finance the cost of the Project to that amount; and WHEREAS, the Issuer will loan the proceeds of the Bonds to the Borrower pursuant to the provisions of the Loan Agreement dated as of December 1, 2011, (the "Loan Agreement ") between the Issuer and the Borrower the obligation of which will be sufficient to pay the principal of, redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, the Bonds will be sold pursuant to and secured as provided by a Bond Purchase Agreement and Assignment to be dated as of December 1, 2011, (the 'Bond Resolution No. 11 -393 Page 2 Purchase Agreement ") by and between the Issuer and U.S. Bank, N.A. (the "Original Purchaser "); and WHEREAS, the rights of the Issuer in and to the Loan Agreement are assigned to the Original Purchaser under the Bond Purchase Agreement; and WHEREAS, notice of intention to issue the Bonds has been published and the City Council has conducted a public hearing pursuant to such published notice, all as required by the Act and Section 147(f) of the Internal Revenue Code of 1986, and has determined that it is necessary and advisable to proceed with the financing of the Project; and WHEREAS, Borrower has represented to the Issuer that it has received, on December 5. 2011 , an allocation of Midwestern Disaster Area Bonds from the Iowa Finance Authority and a determination that Borrower will use the Project and is replacing a trade or business that suffered a loss as result of the flooding of 2008 included in Presidential Declaration of Disaster No. 1763 dated May 27, 2008, as amended June 13, 2008. WHEREAS, the Issuer, at the direction of the Borrower, has arranged for the sale of the Bonds to the Original Purchaser- NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. Authorization of the Bonds. In order to finance the cost of the Project, the Bonds shall be and the same are hereby authorized, determined and ordered to be issued in an aggregate principal amount not to exceed $1,832,000. The Bonds shall initially be issued as a single fully registered Bond, numbered R -1, and shall be dated as of the date of issuance and delivery thereof and shall be executed, shall be in such form, shall be payable, shall have such prepayment provisions, shall bear interest at such rates, and shall be subject to such other terms and conditions as are set forth therein and in the Bond Purchase Agreement and Loan Agreement. The Bonds and the interest thereon do not and shall never constitute an indebtedness of or a charge against the general credit or taxing power of the Issuer, but are limited obligations of the Issuer payable solely from revenues and other amounts derived from the Loan Agreement and the Project and shall be secured by an assignment of the Loan Agreement and the Project and the revenues derived therefrom. Forms of the Bond Purchase Agreement, the Bond and the Loan Agreement are before this meeting and are by this reference incorporated in this Bond Resolution, and the City Clerk is hereby directed to keep them on file. Section 2. Bond Purchase Agreement; Sale of the Bonds. In order to provide for the sale of the Bonds to the Original Purchaser and the conditions with respect to the delivery thereof, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer, the Bond Purchase Agreement in substantially the form submitted to the City Council through filing with the City Clerk, which is hereby approved in all respects. The sale of the Bonds to the Original Purchaser is hereby approved and the Mayor and City Clerk are hereby authorized and directed to deliver the Bonds to the Original Purchaser. The periodic advancing by the Original Purchaser of funds on behalf of the Issuer from time to time at the office of the Original Purchaser shall constitute payment in full for the Bonds pursuant to Section 5.03 of the Bond Purchase Agreement. The Original Purchaser shall be authorized as the Issuer's depository and agent to make such advances pursuant to the Bond Purchase Agreement to effect the making of the loan of the proceeds of sale of the Bonds to the Borrower pursuant to Section 5.03 of the Bond Purchase Agreement. 0 Resolution No. 11 =393 Page 3 Section 3. Repayment of Loan. The Loan Agreement requires the Borrower in each year to pay amounts as loan payments sufficient to pay the principal of, redemption premium, if any, and interest on the Bond when and as due and the payment of such amounts by the Borrower to the Original Purchaser pursuant to the Loan Agreement is hereby authorized, approved and confirmed. Section 4. Loan Agreement. In order to provide for the loan of the proceeds of the Bonds to construct and improve the Project and the payment by the Borrower of an amount sufficient to pay the principal of and premium, if any, and interest on the Bonds, the Mayor and City Clerk shall execute, and deliver in the name and on behalf of the Issuer the Loan Agreement in substantially the form submitted to the City Council through filing with the City Clerk, which is hereby approved all respects. Section S. Miscellaneous. The Mayor and City Clerk are authorized and directed to execute and deliver all other documents which may be required under the terms of the Loan Agreement, the Bond Purchase Agreement, or Tax Exemption Agreement (substantially in the form provided to the City Council through filing with the- City Clerk) or by bond counsel, and to take any other action as may be required or deemed appropriate for the performance of the duties imposed thereby to carry out the purposes thereof. Section 6. Severability. The provisions of this resolution are hereby declared to be separable and if any section, phrase or provisions shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 7. Repealer. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 8. Effective Date. This resolution shall become effective immediately upon adoption. Passed and approved this 6t' day of December, 2011. CITY OF IOWA CITY, IOWA MATTHEW J. HAYEK, Mayor (Corporate Seal) - Attest: K. KARR, City Clerk Resolution No. _.11 -393 Page 4 It was moved by wrieht and seconded by Wilburn the Resolution be adopted, and upon roll call there were: ." x x x x x- x x NAYS: M ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Publish 11/21 NOTICE OF PUBLIC HEARING OF INTENTION TO ISSUE MIDWESTERN DISASTER AREA REVENUE BONDS (EPS PROPERTIES LLC PROJECT) SERIES 2011 Notice is hereby given that the City Council of the City of Iowa City, Iowa, (hereinafter "Issuer") will meet on the 6th day of December, 2011, in the Council Room, at the City Hall, 410 E. Washington Street, Iowa City, IA 52240 at 7:00 p.m., and hold a public hearing on the proposal to issue not to exceed $1,832,000 principal amount of the Issuer's Midwestern Disaster Area Revenue Bonds (EPS Properties LLC Project), Series 2011, (hereinafter "Bonds ") pursuant to the provisions of Chapter 419 of the Code of Iowa, as amended, and Sections 103 and 141 -150 of the Internal Revenue Code of 1986, as amended, for the purpose of defraying a portion of the cost of constructing and improving approximately 3.51 acres and a new approximate 10,000 square foot medical office building (the "Project ") located in the 2600 block of Northgate Drive, Iowa City, Iowa, and paying the costs of issuing the Bonds. The Project will be owned and operated by EPS Properties LLC, a limited liability company organized and existing under the laws of the State of Iowa (hereinafter "Borrower"). It is contemplated that a Loan Agreement will be entered into between the Issuer and Borrower wherein the Issuer will loan to Borrower the proceeds from the sale of the Bonds in return for loan payments from Borrower sufficient to pay the principal of, interest and premium, if any, on such Bonds as the same shall become due and payable. Such Bonds, if issued, and the interest thereon will be payable solely out of the revenues derived from the Project and shall never constitute an indebtedness of the Issuer within the meaning of any state constitutional provision or statutory limitation and shall not constitute nor give rise to a pecuniary liability of the Issuer or become a charge against its general credit or taxing powers. All local residents who appear at the public hearing or any adjustment thereof, shall be given an opportunity to express their views for or against the above stated proposal and, at the meeting or any adjournment thereof, the City Council of the City of Iowa City, Iowa shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Written comments may also be submitted by the time of the above hearing, to the Issuer at City Hall, 410 E. Washington Street, Iowa City, IA 52240. Marian K. Karr, City Clerk BEARING PROCEEDINGS Iowa City, Iowa December 6, 2011 The City Council of Iowa City, Iowa, met in regular session on December 6, 2011, at 7:00 p.m., at City Hall, 410 East Washington Street, Iowa City, Iowa. The meeting was called to order by the Chairperson and the roll being called, there were present the Chairperson and the following named Council Members: Present: Champion, Bailey, Dickens, Hayek, Mims,Wilburn, Wright Absent: None The City Council investigated and found that notice of intention to issue revenue bonds or notes for EPS Properties, LLC, in an aggregate principal amount not to exceed $1,832,000 had, as directed by the City Council, been duly given according to law. This being the time and place specified in the notice for the conduct of a public hearing on the proposal to issue such Bond, the Chairperson announced that all local residents attending the hearing would now be given an opportunity to express their views for or against the proposal to issue the Bond. The following local residents attending the hearing expressed their views as follows: No one appeared. The following local residents who had submitted written comments prior to the hearing expressed their views in such written comments as follows: None were submitted. After all local residents who appeared at the hearing who desired to do so had expressed their views for or against the proposal to issue the Bond, Council Member Wright introduced the resolution and moved its adoption, seconded by Council Member Wilburn ; and after due consideration thereof by the City Council, the Chairperson put the question on the motion and upon the roll being called, the following named Council Members voted: Ayes: Wilburn, Wright,` Baile , Ch,2 ion,I3ickens . Ha ek Mims Nays: Whereupon, the Chairperson declared said motion duly carried and the resolution adopted. z' RESOLUTION NO. RESOLUTIO APPROVING PROCEEDING WITH THE ISSUANCE ND SALE OF NOT TO EXCEED $1,832,000 AGGREGA PRINCIPAL AMOUNT OF MIDWESTE DISASTER A A REVENUE BONDS (EPS PROPER S LLC PROJECT) SE ES 2011, OF THE CITY OF IOWA C Y, IOWA AND RELATE MATTERS. WHEREAS, the City of %wa City, Iowa (the "City "), is thorized and empowered by Chapter 419 of the Code of Iows amended, (hereinafter "A ') to issue Midwestern Disaster Area revenue bonds for the purpos4 of defraying /ower"), f e cost of acquiring, constructing, and improving an interest in appro ' ately 3.51 new approximate 10,000 square foot medical office building located ' the 2600 thgate Drive, Iowa City, Iowa (hereinafter "Project "), and paying th costs of ionds and to loan the proceeds from the sale of such bonds, pursuant to a an AgreS Properties LLC, an Iowa limited liability company (hereinafter referred as the ), to be used for the aforesaid purposes; and WHEREAS, a notice of hearing o t e proposal to issue not to exceed $1,832,000 aggregate principal amount of Midweste isaster Area Revenue Bonds (EPS Properties LLC Project) (the "Bonds "), of the City of Io a ity, Iowa, has been published as required by law; and WHEREAS, a public heari g has been notice of hearing and any and all bjections or been heard and it is deemed to e in the best it proposed. NOW, THEREFC)RE, BE IT RESOL' City, Iowa, as follows: Section 1. ' proceed with the is Project) in an am Sections 103 an to loan the pro & mutually satis acto at the time and place as specified in said comments relating to such Bonds have .s of the City, that said Bonds be issued as by the City Council of the City of Iowa t it is hereby determined that it necessary and advisable that the City ance of its Midwestern Disaster ea Revenue Bonds (EPS Properties LLC nt not to exceed $1,832,000, all as a thorized and permitted by the Act and 1 -150 of the Internal Revenue Code f 1986, as amended, (the "Code ") and of the sale of the Bonds to the Borro er, all upon terms and conditions y to the City and the Borrower. Sec on 2. That at the public hearing conducted by th Council as required by the Act and Secti 147(0 of the Code and pursuant to published noti , all persons who appeared were given a opportunity to express their views for or against the pr %necess issue said Bonds and it is her y determined that any and all objections to the issuance d Bonds, are hereby overruled. Section 3. That the City Council shall proceed with the proceedings relating to the issuance of said Bonds upon reasonable advance notice frorrower that satisfactory financing terms have been agreed upon with the proposed purchasers, that it has received an allocation of Midwestern Disaster Area bonds from the Iowa Finance Authority and the necessary determination by the governor of the State of Iowa, or his designee, and the required documentation has been epared by Bond Counsel, and approved by all other parties, including Ahlers &Cooney, P.C. counsel to the City of Iowa City, Iowa. Section 4. That said Bonds,1 issued, and the interest thereon, will be payable solely out of the revenues derived from the Tina cing of said Project and shall never constitute an indebtedness of the City of Iowa City, owa, within the meaning of any state constitutional provision, or statutory limitation, ands all not constitute nor give rise to a pecuniary liability of said City of Iowa City, Iowa, or a charg against its general, credit or taxing powers. Section 5. All Resolutions and extent of such conflict, hereby repealed immediately upon its adoption. Adopted and approved as of the 6th CITY (Corporate Seal) rs or parts thereof, in conflict herewith are, to the this Reso�tion shall be in full force and effect d y giDecember, 2011. WA CITY, IOWA TTHEW J.14AYEK, MAYOR ATTEST: MARIAN K. KARR, M +3 14 Prepared by: Jeff Davidson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5232 RESOLUTION NO. 11 -394 RESOLUTION APPROVING ECONOMIC DEVELOPMENT PROCESS AND POLICIES WHEREAS, economic development policies consistent with the Economic Development Plan aimed at attracting new development including residential, commercial and industrial uses have been approved by the City Council Economic Development Committee; and WHEREAS, the primary goals of the Economic Development Plan are increased economic activity, more jobs, lower unemployment, higher wages, greater property values, more tax revenues, more ownership and entrepreneurial opportunities, and revitalization of underutilized or blighted areas; and WHEREAS, it is expected that the City of Iowa City will be asked to assist with development projects through economic development financial incentives; and WHEREAS, the City Council Economic Development Committee approved formalization of economic development process and policies at their meeting on October 18, 2011; and WHEREAS, said economic development process and policies are recommended to the City Council for formal adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. The Mayor is authorized to sign and the City Clerk to attest the attached economic development process and policies. Passed and approved this 6th day of December , 20 11 ATTEST: Ak�-4-4�e 1 , CITftLERK p pddi r /res /EDCprocess -pol icies.doc • - 4 MAYOR Approved by w- , - 416-1� City Attorney's Office ,/ 3//1 Resolution No. 11 -394 Page 2 It was moved by Bane, and seconded by TT; i r,,,,-„ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x _X__ X X _ x x x wpdata/g I ossa ry/resol utio n-ic. doc Bailey Champion Dickens Hayek Mims Wilburn Wright CITY OF IOWA CITY MEMORANDUM Date: November 14, 2011 To: Tom Markus, City Manager From: Wendy Ford, Economic Development Coordinator" Re: Formalization of economic development process and policies Introduction: At their meeting on October 18, 2011, the City Council Economic Development Committee (EDC) discussed the following memo entitled Formalization of Economic Development Process and Policies and voted 2 -0 to recommend adoption by the full City Council. The memo outlines a process for standard operating procedures for requests for economic development financial assistance, and provides a framework for considering requests for financial incentives. History: Since the EDC meeting on October 18, 2011, staff has been advised to add one additional strategy by the City Attorney's Office. The City's Bond Counsel recommends for TIF incentives provided at the beginning of a project, developers be required to secure any up front TIF incentives with an Urban Renewal Revenue Note. An Urban Renewal Revenue Note is a form of debt security issued by a lender on the premise that future revenues (the tax increment, in this case) will be sufficient to meet repayment obligations. This type of security can be used in providing public financial assistance where immediate investment capital is required to begin a large project. Discussion of Solution: We've added a fifth point under the heading TIF goals, objects, and strategies on page 3 of the memo to address the Urban Renewal Revenue Note provision. If after discussions with area lenders who would buy Urban Renewal Revenue notes the developer is unable to secure a buyer, the developer may substantiate their reasoning in writing, and the project consideration will continue, albeit with higher risk to the City. Recommendation: After discussion of the proposal, staff recommends the City Council adopt the economic development process and policies subject to any revisions desired by a majority of the City Council. We will be available to answer questions at the November 22 City Council meeting. ppddi r /mem /Formal EcodevProcess- Cover. doc City of Iowa City Economic Development Process and Policies Adopted by City Council December 6, 2011 _P_ = - 644 CITY OF IOWA CITY The economic downturn which began in 2007 has created an atmosphere where the City is now called upon to assist with the funding of economic development projects on a regular basis. Developers are not able to go to financial institutions to the degree that they once could and obtain the financing they need for projects. We are now commonly asked to share in the risk of an economic development project as one of the funding entities. Because these requests have become routine, we wish to commence a discussion that will bring greater structure and objectivity to the standard operating procedures for evaluating economic development financial incentives. Establishing standard procedures and a framework for incentives will allow developers to more clearly understand the City's intentions in providing such incentives, and ensure that the City's financial resources are used as efficiently and effectively as possible. We believe that our economic development financial incentives policy should be tied directly to community objectives. These include such measures as: • Increasing taxable valuation of property, especially commercial and industrial • Increasing the number of jobs which have wages and fringe benefits exceeding the County median • Redevelopment of blighted property • Desirable projects which might not otherwise occur without financial incentives, such as downtown hotels, workforce housing, downtown grocery stores, arts and entertainment venues, etc. Economic Development Process Following is suggested standard operating procedure for requests for economic development financial assistance. Step 1 - Intake. This is the information gathering stage of a project which will provide the foundation for subsequent decision making. Project information may be proprietary and need to be kept confidential. Project information will typically be incomplete in early stages, but it is necessary to collect as much information as possible in order to begin the evaluation of the project. We have developed the attached information intake form. Additional Planning Department staff will be trained so that several persons will be able to conduct initial intake meetings with development prospects. Step 2 - Evaluation. The purpose of the evaluation stage is to weigh the public costs and benefits of the project. To date, this step has been largely qualitative and subjective. We attempt to evaluate the public purpose involved, the strength of the opportunity, and the public costs involved. This information is then taken to the City Council Economic Development Committee for discussion. We are aware of communities that use highly quantitative fiscal economic impact models. Many of these are complicated and data - intensive. We are evaluating a software license for a product called WebLOCI. It is data - intensive, but we believe may be suitable for our purposes. The next Page 2 step in our evaluation of this process is to load data into the model and then test it on some prospective projects. The evaluation stage involves an in -depth financial analysis of the project. We are currently utilizing the services of the National Development Council to aid in this aspect of review. This provides us with a level of expertise not otherwise available from City staff. The evaluation process does not ignore political factors which will influence the economic analysis. For example, how does the proposed project fare in a sustainability evaluation? Will the proposal enhance or harm the image of the City? These factors will be fully vetted by staff before being presented to the City Council Economic Development Committee. Step 3 - Due Diligence. Once we have determined that the project may merit public assistance, we proceed to due diligence. Due diligence is the process of verifying information provided in the intake phase. It involves verifying corporate names, character of the applicant, financial ability, financial history, market analysis, and other factors. In the due diligence phase we typically like to examine three past years of business performance and three future years (pro forma) based on the business plan for the project. The due diligence phase will require the assistance of the City's legal and financial staffs. This step may need to be accelerated for a project which requires a letter of commitment with a quick turn - around. Step 4 - Performance Measures. Performance measures will vary depending on the type of project. Examples of performance measures in past projects include minimum assessment agreements, or Plaza Towers' requirement to include a hotel, grocery store, and office space in the project. Industrial projects have been required to retain or add a specific number of jobs as well as create an increase in the property tax base. This step is a regular part of the monitoring process conducted by the Economic Development Division prior to certification of debt for tax increment revenues. Framework for incentive qualification Tax Increment Financing or property tax exemptions are the two principal methods of financial assistance we have used in Iowa City. There are other smaller programs such as the CDBG economic development fund, but we anticipate TIF and property tax exemption to continue to be our principal sources of financial incentives. Until now, we have generally considered each project on a case -by -case basis on its own merits. We have had misunderstandings related to the expectation that a property within a TIF district is eligible for TIF funds as a matter of right. A more specific framework for qualifying for City - provided financial incentives should be provided. Once it has been determined that a project meets the public purpose requirements we have established, the level of and necessity for financial assistance should be based on a gap analysis. A gap analysis assures that the City's financial assistance are the last dollars in and that "but for" the City's assistance the project would not have happened. If this analysis results in a project which can proceed without public assistance, then it should proceed without public assistance. Page 3 TIF goals, objectives and strategies Under state law, TIF assistance can be used for two principal matters: economic development and remediation of slum and blight. We have developed the following additional criteria for evaluating TIF assistance: TIF generator. Creation of a TIF generator of at least $2 million should be a goal, but not a requirement, for the establishment of a TIF district. 2. Percentage limitation. It should be a goal, but not a requirement for TIF funding to not exceed more than 50% of the TIF increment created. Further, TIF funds made available to a private developer shall not exceed the rp oiect value created. For City TIF projects, funds may be generated from an entire TIF district. 3. Developer equity. Developer equity should be required to at least equal or exceed the amount of TIF funds made available for a project. To clarify, bank commitment of debt can be counted towards developer equity. 4. Eligibility. The following types of projects, which meet taxable value and high quality jobs goals of the City and are located in an Urban Renewal Area, will be considered for TIF assistance: a) Industrial uses b) Office space c) Retail space d) Specific desired uses, such as hotels, grocery stores, arts and entertainment venues, etc. e) Historic revitalization for adaptive reuse f) Housing which supports stated economic development goals 5. Additional security for upfront financial incentives. It shall be the City's policy to use a rebate approach for TIF assistance, where all property taxes are paid and money distributed to protected levies, and the remainder available for project rebates. Upfront financial assistance and the appropriate financing mechanism and security will be considered on a case -by- case basis. Process for creating a TIF project The following process will be followed for crafting a TIF project: a) Creation of Urban Renewal District b) Application process for TIF funds c) Gap analysis d) Staff recommendation e) Legislative process through the EDC, Planning and Zoning Commission, and City Council Page 4 Economic Development Policies Approved by the City Council Economic Development Committee, April 19, 2011 It shall be the policy of Iowa City to maintain an economic development plan. The purpose of the plan is to attract new development including commercial, industrial, and residential uses. Further, the purpose of the plan is to retain the city's existing business operations and to encourage them to expand and foster spin -off business operations. The city's plan also supports organizations which help to incubate, grow, foster, and create new business operations by providing non - traditional collaborative environments. The expected results of the economic development plan are: increased economic activity, more jobs, lower unemployment, higher wages, greater property values, more tax revenues, more ownership and entrepreneurial opportunities, and revitalization of underutilized or blighted areas. The city will consider incentive programs including city, state, and federal economic development funds, tax increment financing, public private partnerships, and other tools in order to achieve the expected results. Various evaluative tools including financial pro formas, written evaluation reports, established benefit metrics, and other performance tools shall be used to monitor the use of economic incentives from the early stages of project development thru the issuance of an incentive and post incentive to make sure the objectives are met. Developers who receive incentives will be expected to enter into development agreements which delineate the terms, conditions, understandings, and the expected results of receiving an incentive. It will be the policy of the City of Iowa City to endeavor to attract, recruit, retain, foster, and develop new development through the use of incentives which is new to our region (Metropolitan statistical area [MSA]). The city will not actively recruit business from other jurisdictions within our MSA. Should business from jurisdictions within our MSA wish to relocate to the City of Iowa City, we will notify our neighboring jurisdiction of the interest. It will be the general practice of the City of Iowa City to not provide economic incentives to business wishing to relocate from another jurisdiction within our MSA. When incentive programs are utilized they will be used to maximize the benefits to the City of Iowa City. The dollar amount of the incentive and time duration of the incentive shall be smallest amount necessary to achieve the maximum amount of city benefit as determined by the City of Iowa City City Council. Despite the need for the program to be flexible and nimble in order to respond to the ever changing economic conditions of the marketplace, it will be the policy of the city to insure that the process of using incentives is an open and transparent public process which instills confidence in the public's understanding of how economic development incentives are utilized. Page 5 Date: Present at Meeting: Economic Development Intake Form Meeting Location: Name of Firm: Contact Information: Name: Phone: Email: Project Description: Nature of firm: ❑ Local ❑ Regional ❑ National ❑ Global Location identified? Size of parcel: Existing building or new? Size of buildinp- needed: r I`�sis CITY OF IOWA CITY Page 6 TIF District or not? Number of Jobs: Associated wages /benefits: Projected sales /year: Capital Investment: Estimated taxable value: Parking requirements: Industrial - Related Transportation requirements? (Rail, interstate access, special roadway geometry, etc.) Water capacity needs in gal /day (average and peak): Waste water capacity need in gal /day: - Hiph concentration waste? - EPA industrial - Hours of Electricity requirements: Notes: i \ 5 2 Em !'a ■s! co 2)!! =k §_■ .!!! !!!!r \�R w{§{ — / |) /\)} {]/ �\i /�� 6 f gq��gqqqqq A ;� CEDE - 5 r I C OF IOWA ITY X -W'°� RAN D U M ME�C� Date: November 14, 2011 To: City Council From: Jeff Davidson, Dire for of Planning and Community Develop nt Wendy Ford, Econo is Development Coordinator Re: Formalization of econ mic development process and polici s The economic downturn which bega in 2007 has created an atmo phere where the City is now called upon to assist with the fundi of economic devel op projects on a regular basis. Developers are not able to go to fina cial institutions to the d gree that they once could and obtain the financing they need for proje ts. We are now com my asked to share in the risk of an economic development project as on of the funding entiti s. Because these requests have become rd tine, we wish o commence a discussion that will bring greater structure and objectivity to he standar operating procedures for evaluating economic development financial incentives. stablishin standard procedures and a framework for incentives will allow developers to more c arty un erstand the City's intentions in providing such incentives, and ensure that the City's inan al resources are used as efficiently and effectively as possible. We believe that our economic development fina ial incentives policy should be tied directly to community objectives. These include such m a res as: • Increasing taxable valuation of F • Increasing the number of jobs County median • Redevelopment of blighted prop • Desirable projects which migh downtown hotels, workforce o venues, etc. Following is suggested standard financial assistance. / esp cially commercial and industrial havI ages and fringe benefits exceeding the not otherwise occ r without financial incentives, such as using, downtown gNocery stores, arts and entertainment ng procedure for rkquests for economic development Step 1 - Intake. This is the nformation gathering stage of a project which will provide the foundation for subsequent d ision making. Project information y be proprietary and need to be kept confidential. Proje information will typically be incomp to in early stages, but it is necessary to collect as m ch information as possible in order to egin the evaluation of the project. We have deve ped the attached information intake rm. Additional Planning Department staff will be trained so that several persons will be abl to conduct initial intake meetings with development prospects. Step 2 - Evaluation The purpose of the evaluation stage is to weigh the public costs and benefits of the project. To date, this step has been largely qualitative and subjective. We attempt to evaluate the public purpose involved, the strength of the opportunity, and the public costs November 14, 2011 Page 2 involved. This information is then taken to the City Council Economic Development Committee for discussion. We are aware of communities that use highly quantitative fiscal economic impact models. Many of these are complicated and data - intensive. We are evaluating a softwareAlcense for a product called WebLOCI. It is data - intensive, but we believe may be suitable for o r purposes. The next step in our evaluation of this process is to load data into the model a then test it on some prospective projects. The evaluation stage involves a in -depth financial analysis of th project. We are currently utilizing the services of the Nation Development Council to aid i this aspect of review. This provides us with a level of expertise of otherwise available from it staff. The evaluation process does not ig ore political factors w ich will influence the economic analysis. For example, how does the oposed project fare n a sustainability evaluation? Will the proposal enhance or harm the imag of the City? The factors will be fully vetted by staff before being presented to the City Counci Economic Dev opment Committee. Step 3 - Due Diligence. Once we have det rmined th the project may merit public assistance, we proceed to due diligence. Due diligence is the p cess of verifying information provided in the intake phase. It involves verifying Corp rate mes, character of the applicant, financial ability, financial history, market analysis, an of er factors. In the due diligence phase we typically like to examine three past years of b si ess performance and three future years (pro forma) based on the business plan for the pr sect. The due diligence phase will require the assistance of the City's legal and financial st . This step may need to be accelerated for a project which requires a letter of commitment it a quick turn - around. Step 4 - Performance Measures. Pe project. Examples of performance mE agreements, or Plaza Towers' requirer the project. Industrial projects have be well as create an increase in the prop process conducted by the Economic increment revenues. Framework for incentive ance easures will vary depending on the type of res in st projects include minimum assessment it to includ a hotel, grocery store, and office space in required to etain or add a specific number of jobs as tax base.. is step is a regular part of the monitoring 'elopment Di sion prior to certification of debt for tax Tax Increment Financing or roperty tax exemption are the two principal methods of financial assistance we have u ed in Iowa City. There are ther smaller programs such as the CDBG economic developme t fund, but we anticipate T and property tax exemption to continue to be our principa sources of financial incentiv . Until now, we have generally considered each project n a case -by -case basis on i s own merits. We have had misunderstandings related,. o the expectation that a property ithin a TIF district is eligible for TIF funds as a matter of right. A more specific framework r qualifying for City - provided financial incentives should be provided. Once it has been detefmined that a project meets the public pur osl established, the level ' of and necessity for financial assistance sh t analysis. A gap ana is assures that the City's financial assistance that "but for" the Cit 's assistance the project would not have happened in a project which can proceed without public assistance, then it public assistance. requirements we have Id be based on a gap e the last dollars in and %this analysis results hould proceed without November 14, 2011 Page 3 TIF goals, objectives and strategies Under state law, TIF assistance can be used for two principal matters: /economic development and remediation of slum and blight. We have developed the following additional criteria for evaluating TIF assistance: 1. TIF generator. Creation of a TIF generator of at le st $2 million should be goal, but not a requirement, for the establishment of a TIF distri . 2. Percentage limitation. It should be a goal, but not a require ent for T/ted. ing to not exceed more than 50% of the TIF increment created. F rther, TIF made available to a private developer shall not exceed the ro'ec value cFor City TIF p rojects, funds may be generated from an entire TIF di trict. 3. Developer equity. Developer equity should be required to funds made available for a project. To counted towards developer equity. 4. Eligibility. The following types of projects, which the City and are located in an Ur assistance: 1. Industrial uses 2. Office space 3. Retail space 4. Specific desired uses, su etc. 5. Historic revitalization for 6. Housing which support as hotels, t equal or exceed the amount of TIF bank commitment of debt can be taxable value and high quality jobs goals of renewal Area, will be considered for TIF daptive reuse stated economic stores, arts and entertainment venues, pment goals 5. Additional security for upfront financial incentivAs. It shall be the City's #blicy to use a rebate appr a property taxes are par and money distributed to p available for project r bates. Upfront financial assista by -case basis. Urban Renewal Revenue Notes will be and if notes are nobtainable from lender, the r substantiating the r ason why. ,h for TIF assistance, where all lected levies, and the remainder ce will be considered on a case- �uested for all upfront financing, eloper shall provide a letter November 14, 2011 Page 4 Process for creating a TIF project The following process will be followed for crafting a TIF project: 1. Creation of Urban Rent 2. Application process for 3. Gap analysis 4. Staff recommendation 5. Legislative process th Council District funds the EDC, Plannir}E and Zoning Commission, and City Attachments: Adopted Economic Development Polici Intake Form Tax Increment Financing Districts and P ppddi r /mem /FormalEcodevProcess. doc r, r Tax Exemption Areas Approved by the City Council Economic Development Committee 4 -19 -2011 City Manager Markus NT It shall be the policy of Iowa City to mainta an economic develo ment plan. The purpose of the plan is to attract new development incl ding residential, c mercial, and industrial uses. Further, the purpose of the plan is to re in the city's exi ing business operations and to encourage them to expand and foster spin -o business oper ions. The city's plan also supports organizations which help to incubate, grow foster, and reate new business operations by providing non - traditional collaborative environ ents. The expected results of the economic develop ent pl are: increased economic activity, more jobs, lower unemployment, higher wages, gr ater p operty values, more tax revenues, more ownership and entrepreneurial opportunities, and revitalization of underutilized or blighted areas. The city will consider incentive programs cluding city, state, and federal economic development funds, tax increment financing, p lic private partnerships, and other tools in order to achieve the expected results. Various evaluative tools including financia pro ormas, written evaluation reports, established benefit metrics, and other performance , ols s all be used to monitor the use of economic incentives from the early stages of proj�ct deve pment thru the issuance of an incentive and post incentive to make sure the objectiv s are me . Developers who receive incentives will be expe ted to enter into development agreements which delineate the terms, conditio s, understands gs, and the expected results of receiving an incentive. It will be the policy of the City of Iowa City to end s develop new development rough the use of i (Metropolitan statistical are [MSA]). The city will jurisdictions within our MSA. Should business from juri to the City of Iowa City, w will notify our neighboring general practice of the Cit of Iowa City to not provide to relocate from another j risdiction within our MSA. vor to attract, recruit, retain, foster, and ;entives which is new to our region of actively recruit business from other >dictions within our MSA wish to relocate 1 jurisdiction of the interest. It will be the $conomic incentives to business wishing When incentive progra s are utilized they will be used k maximize the benefits to the City of Iowa City. The dollar ount of the incentive and time dur tion of the incentive shall be smallest amount necessary to achieve the maximum amount of cit benefit as determined by the City of Iowa City City Coun il. Despite the need for the program to be flexible and nimbl in order to respond to the ever changing econo Ic conditions of the marketplace, it will be t e policy of the city to insure that the process of sing incentives is an open and trans-pare t public process which instills confidence in th public's understanding of how economic devel ment incentives are utilized. w /ppddi r /EconomicDevelopmentPolicies -2011 -tia-r 2-97A., TIF District or not? # of Jobs: Associated wages /benefits: Projected sales /year: Estimated taxable value: Parking requirements: Transportation requirements? (Rail, i Water capacity needs in gal /day (average Waste water capacity needs in gal /day: High concentration waste? EPA industrial category? Hours of operation? w /ppddi r /EconomicDevelopmentl ntakeForm.doc special roadway geometry, etc.) __ --'r,® CITY OF IOWA CITY 14 , M; MEMORANDUM Date: December 1, 2011 To: Tom Markus, City Manager From: Jeff Davidson, Director, Department of Planning and Community Development Re: Resolution approving economic development process and policies At the 11/22/11 City Council meeting, the City Council deferred the resolution approving economic development process and policies. They stated they wished to have further discussion by the Economic Development Committee of the proposed use of Urban Renewal Revenue Bond Notes for TIF funds that are advanced to a developer at the beginning of a project. They stated the matter should then be reconsidered by the full City Council at the December 6 meeting. We have scheduled a meeting of the City Council Economic Development Committee for Friday, December 2 at 11:00 a.m. in the City Manager's Conference Room of City Hall. At this meeting we will discuss the Urban Renewal Revenue Bond Notes issue. We will also consider input which has been received from the Iowa City Area Development Group and receive input from the general public. Council is then scheduled to reconsider the matter at their December 6 City Council meeting. Let me know if there are any questions. cc: Wendy Ford ppd d it /mem /ecodevproc -pol. doc Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 11 -395 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE IOWA DEPARTMENT OF CULTURAL AFFAIRS FOR A GRANT FROM THE IOWA GREAT PLACES PROGRAM. WHEREAS, Iowa City has been declared a Great Place by the Iowa Department of Cultural Affairs; and WHEREAS, funding is available from the Iowa Great Places program to fund improvements in communities which have been declared Great Places; and WHEREAS, the City intends to complete a Literary Walk Kiosk project for $13,000, comprised of a $9,100 Great Places grant, $2,900 in local cash match and $1,000 in kind services; and WHEREAS, the City of Iowa City has applied for and has been granted $9,100 in funding from the Iowa Great Places program for a Literary Walk Kiosk; and WHEREAS, a grant agreement with the Iowa Department of Cultural Affairs is necessary for Iowa City to obtain the $9,100 in grant funds; and WHEREAS, funds for the $2,900 cash match are available in the 3751 fund account #434730, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the grant agreement with the Iowa Department of Cultural Affairs for $9,100 from the Iowa Department of Cultural Affairs Great Places program, and 2. The City Manager or his designee is authorized to provide any other administrative materials necessary to access the grant funds, and 3. A local match of $2,900 is hereby authorized from the Northside Marketplace Capital Improvements Budget. Passed and approved this 6th day of December 12011 MAYOR ATTEST: CITY'CLERK Approved by V bill ����7� es. City Attorneys Office . ( /(F /( f Resolution No. Page 2 11 -395 It was moved by Wilburn and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x —x x x x x wpdata/glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright r _ ���® CITY OF IOWA CITY ::--rr-u6 5 MEMORANDUM To: City Manager, Tom Markus From: Wendy Ford, Economic Development Coordinator Date: November 17, 2011 Re: 2011 Great Places Grant Award Agreement Introduction: In February 2010, Iowa City, Coralville and North Liberty became one of the Iowa Department of Cultural Affairs' designated Great Places. Iowa City had become part of the Creative Cities Network when it was named a City of Literature in November 2008 by the United Nations Educational, Scientific, and Cultural Organization (UNESCO). History: In June of 2010 as plans for renovating the Northside Marketplace streetscape were underway, the opportunity to apply for a Great Places grant presented itself. The scope of the streetscape design did not call for any public art and Great Places grant funding was available for such expenditures so long as they supported and enhanced the Great Place designation. We were awarded $70,000 for the design and creation of the cast bronze "ribbons" with quotes for the light posts, cast bronze tree grates with artwork and literary quotes, pedestals featuring book stacks recognizing local authors and passages from noteworthy authors having lived in Iowa City and cast aluminum sign toppers to add to the Northside Marketplace brand identity. Another round of grant funding was announced in late summer of 2011 and we applied for a $13,000 grant project for an interpretive sign /kiosk that will aid in pedestrian circulation and way - finding between the Downtown and the Northside Marketplace and give some history about the Literary Walk and our designations as a City of Literature and an Iowa Great Place. The grant also requires a $2,900 local match which can be tapped from the Northside Marketplace capital improvements fund which has a fund balance remaining due to low construction bids. An exact location has not yet been determined but preference would lie in the area around the Irving Weber statue because it is midway between the two Literary Walk installations and would also serve as a directional sign that would better link the Northside Marketplace to Downtown. Discussion of Solution: We learned that our grant request was funded in a letter from the Iowa Department of Cultural Affairs dated October 26, 2011. The letter requests that a resolution authorizing execution of the grant agreement be included with an executed copy of the agreement along with several additional pieces of supporting material (also attached). Recommendation: Staff recommends supporting this resolution so that a grant agreement may be signed and a project for a Literary Walk interpretative sign /kiosk may commence. JKOIK�W IL U _1WMAftV;44 IOWA GREAT PLACES GRANT AGREEMENT Mission of Iowa Great Places "Great Places" is designed to make good places great by bringing together the resources of state government to build capacity in communities, regions, neighborhoods or districts that cultivate the unique and authentic qualities that make places special: engaging experiences; rich, diverse populations & cultures; -a vital, creative economy; clean and accessible natural and built environments; well- designed infrastructure; and a shared attitude of optimism that welcomes new ideas, based on a diverse and inclusive cultural mosaic. I'M F n Instructions 1. There are documents that must be submitted with the signed agreement listed in Section 5.1(c) and (d) on page 6. If you are not able to meet these requirements within 30 days, please send a letter of request for an extension. However, please return the grant agreements within the 30 day timeframe and send the rest of the documents when ready. I have summarized the list of requirements below: • Resolution of the recipient organization authorizing the execution of this agreement and empowering the person signing the agreement to execute this agreement [Section 5.1(c)i] • Updated Articles of Incorporation and bylaws of the recipient organization [Section 5.1(c)iii] • Documentation of, the recipient organization's good standing from the financial institution where the organization has its holdings or a documentation of a credit check from an application institution [Section 5.1(c)iii] • Documentation that the Department of Cultural Affairs and the State of Iowa have been named as additional insured or loss payees [Section 5.1(c)vi] • Documentation that this agreement has been recorded as a restrictive covenant with the County Recorder of the county in which the applicant or organization operates [Section 5.1(d)] 2. If applicable, submit a copy of your organization's 28E agreement. Requirement ii — Project Plan & Project Budget — is considered fulfilled through your grant application; you do not need to resend these two items. 3. Photocopy the reimbursement and project update forms for future use. Invoices and cancelled checks (or a statement from your financial institution showing the invoice has been paid) must be submitted for reimbursement. 4. Expenses pertaining to vertical infrastructure are the only ones eligible for reimbursement. 5. The grant must be expended by June 30, 2012, 6. Project updates are due bimonthly. Contact the Great Places office if you would prefer an electronic copy of this and the reimbursement document. 7. Note Section 12.3, which requires all press releases and publications regarding your project to acknowledge our financial contribution and a Great Places sign to be placed on each grant - funded property. IOWA GREAT PLACES GRANT AGREEMENT RECIPIENT: Iowa City /Coralville/North Liberty EFFECTIVE DATE: October 31, 2011 PROJECT NAME: Literary Walk Kiosk GRANT AWARD: $9,100 PROJECT COMPLETION DATE: June 30, 2011 This IOWA GREAT PLACES GRANT AGREEMENT is made by and between the Iowa Department of Cultural Affairs ( "DCA ") and Iowa City /Coralville/North Liberty ( "Recipient "). WHEREAS, the Iowa Great Places Program ( "Program ") was established by the Iowa Legislature and the Governor of Iowa for the purposes of combining resources of state government in an effort to showcase the unique and authentic qualities of communities, regions, neighborhoods and districts in Iowa; and WHEREAS, the Iowa Legislature has appropriated monies to the Iowa Great Places Fund ( "Fund ") established pursuant to Iowa Code section 303.3D (2005), with the stipulation that such monies be used by DCA to fund capital infrastructure projects for identified Iowa Great Places; and WHEREAS, Recipient has been designated as an Iowa Great Place and has entered into a Memorandum of Understanding ( "MOU ") with the Governor of the State of Iowa regarding the Program; and WHEREAS, Recipient has submitted a proposal to DCA requesting monies from the Fund to help finance the Project described in this Agreement; and WHEREAS, as a condition to receiving Grant Funds, Recipient has secured matching funds for the Project. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement and intending to be legally bound, DCA and Recipient agree to the following terms and conditions: ARTICLE 1 DEFINITIONS As used in this Agreement, the following terms shall apply: 1.1 AGREEMENT means this document, the Project Plan and Project Budget. In the event of a conflict between one or more of the foregoing documents, the conflict shall be resolved according to the priority, ranked in descending order, as the documents are listed in the previous sentence. 1.2 GRANT FUNDS means an award of assistance from the Fund made by DCA to Recipient pursuant to the terms and conditions of this Agreement. 1.3 PERIOD OF RESTRICTION means the period of fifty (50) years immediately following the Project Completion Date. 1.4 PROJECT means the detailed work, services, and other obligations to be performed or accomplished by the Recipient as described in this Agreement, the Project Plan and Project Budget. 1.5 PROJECT COMPLETION DATE means the date stated above, which is the date by which Recipient must complete the Project. For purposes of this Agreement, the Project shall be "completed" when DCA determines that the Project is fully constructed, operational, and open and accessible to the public. 1.6 PROJECT PROPERTY means all real property purchased or acquired, and all personal and other property purchased, acquired, created, constructed, developed, modified, improved or enhanced with Grant Funds. 1.7 PROJECT SITE means the real property on which the Project Property is located. 1.8 TERMINATION DATE means the date this Agreement terminates, which shall occur when this Agreement is terminated by DCA pursuant to Article 10, or at the Project Completion Date. ARTICLE 2 IDENTITY OF THE PARTIES 2.1 DCA is a public instrumentality of the State of Iowa charged with the administration of the Program. 2.2 Recipient is ARTICLE 3 FUNDING 3.1 FUNDING SOURCE Funds for the Project are limited to those monies appropriated and legally available to DCA in the Fund. The funds of the State of Iowa ( "State "), other than those of the Fund, are not obligated or available to meet any obligations of DCA created by this Agreement, and this Agreement shall not constitute an obligation or debt of DCA or the State. 3.2 RECEIPT OF FUNDS All disbursements of Grant Funds under this Agreement are subject to possession by DCA of sufficient legally available monies in the Fund. If the Legislature fails to make appropriations to the Fund; or if Grant Funds are de- appropriated, reduced, diverted, delayed, insufficient or unavailable for any other reason, so that, as determined by DCA in its sole discretion, DCA is unable to meet its obligations under this Agreement, then DCA shall have no obligation to fund the Project, in whole or in part. ARTICLE 4 TERMS OF GRANT 4.1 EXECUTION OF PROJECT Recipient shall execute the Project as described in the Project Plan and in accordance with the Project Budget. Recipient shall allow DCA, its internal or external auditors, the Auditor of the State of Iowa, the Treasurer of the State of Iowa, the Attorney General of the State of Iowa and the Iowa Division of Criminal Investigation to enter upon Recipient's premises and inspect the Project and Project Property at all reasonable times in order to monitor and evaluate performance and compliance with Iowa law and the terms of this Agreement. 4.2 DISBURSEMENT OF FUNDS Subject to the terms and conditions of this Agreement, DCA shall disburse Grant Funds to Recipient to reimburse Recipient for approved Project costs and expenses incurred by Recipient consistent with the Project Plan and Project Budget. 4.3 MAXIMUM PAYMENTS It is understood and agreed that the Grant Funds disbursed by DCA to reimburse Recipient for Project costs and expenses shall not exceed the Grant Award unless otherwise agreed through a written amendment to this Agreement and that DCA's ultimate financial responsibility under this Grant Agreement will not exceed the Grant Award. 4.4 RECORD RETENTION AND ACCESS Recipient shall maintain its books, documents and records that sufficiently and properly document Recipient's receipt and use of Grant Funds under this Agreement for a period of at least five (5) years following the later of the Project Completion Date, Termination Date, or the completion of any required audit. Recipient shall permit the Auditor of the State or any authorized representative of the State, at no charge, to access and examine, audit, excerpt and transcribe any pertinent books, documents, or electronic or optically stored and created 4 records or other records of Recipient relating directly or indirectly to the Project, Project Property or Grant Funds. 4.5 FINANCIAL STATEMENTS Recipient shall maintain and furnish, at DCA's request, financial statements (including, without limitation, income, expense and balance sheets relating to the expenditure of Grant Funds). Recipient shall submit to DCA final Project performance and audit reports within sixty (60) days after the Project Completion Date. DCA reserves the right to require such other reports as DCA deems to be necessary, in its sole discretion, to assure that the Project and Project Property are and shall continue to be operated and maintained for the benefit and use of the public and consistent with the public purposes forming the basis of the Grant Award. 4.6 DOCUMENTATION Within ten (10) days of its receipt of a written request from DCA, the Recipient shall deliver to DCA: (i) copies of all agreements or documents relating to the Project; (ii) copies of all invoices, receipts, statements or vouchers relating to the Project; (iii) a list of all unpaid bills for labor and materials in connection with the Project; and (iv) estimated remaining costs and expenses required to complete the Project. 4.7 PRIOR COSTS No costs or expenses incurred by Recipient prior to the Effective Date shall be reimbursed by DCA unless DCA specifically agrees, in its sole discretion and in writing, to allow and reimburse such costs and expenses. 4.8 CONVEYANCE OF PROJECT PROPERTY During the Period of Restriction, Recipient shall not sell, transfer, convey, assign, encumber or otherwise dispose of all or any portion of the Project Property, whether by agreement, operation of law or otherwise, without the prior written permission of DCA, which permission may be withheld in the sole discretion of DCA. ARTICLE 5 CONDITIONS TO DISBURSEMENT 5.1 CONDITIONS TO DISBURSEMENT The following conditions shall be met before DCA disburses Grant Funds to Recipient: (a) AGREEMENT EXECUTED This Agreement shall have been properly executed by Recipient and returned to DCA within twenty (20) days of DCA's transmittal thereof to Recipient. (b) RECEIPT OF OTHER FUNDING Recipient shall have received and shall have documented, to the satisfaction of DCA, all matching funds and other funds, beyond the Grant Funds, necessary to complete the Project. (c) SUBMISSION OF RECIPIENT DOCUMENTATION Recipient shall have submitted the following documents to DCA: i. A resolution of Recipient's governing body authorizing the execution of this Agreement by Recipient and specifying the officer authorized to execute this Agreement. ii. Project Plan and Project Budget. iii. Completed form "W -9, Request for taxpayer identification number and certification." iv. If Recipient is a private, non - profit entity, certified copies of the Recipient's Articles of Incorporation and By -Laws; documentation of satisfactory credit history, including, without limitation, no outstanding judgment or unsatisfied liens; documentation confirming Recipient's non- profit status; and a certificate of good standing issued by the Iowa Secretary of State. v. All documents required pursuant to Article 6.1 hereof. vi. Certificates of Insurance pursuant to Article 11.5 hereof. vii. Such other documents as DCA may reasonably request. (d) RESTRICTIVE COVENANT This Agreement shall have been recorded as a restrictive covenant for and during the Period of Restriction in the chain of title of the Project Site with the County Recorder of the county in which the Project Property is located. (e) ARTICLES OF INCORPORATION If Recipient is a non- governmental entity, Recipient's covenant contained in Article 8.1 hereof shall have been incorporated into Recipient's Articles of Incorporation, as well as a provision requiring the reversion of Project Property to the State if Recipient(or its successors or assigns) is dissolved during the Period of Restriction, unless the State otherwise agrees in writing to waive one or both of such requirements ARTICLE 6 DISBURSEMENT OF GRANT FUNDS 6.1 REQUIRED DOCUMENTATION All disbursements of Grant Funds shall be subject to receipt by DCA of a reimbursement request form ( "Request for Reimbursement ") from Recipient, which shall be submitted with itemized costs and expenses listed and supporting documentation attached. Prior to submission to DCA, Recipient shall review each Request for Reimbursement to verify that claimed expenditures are allowable costs and expenses. DCA shall review the Request for Reimbursement in a timely manner, and if DCA determines that: (i) all itemized costs and expenses are allowable and eligible for reimbursement, and (ii) the supporting documentation is acceptable, it shall promptly process payment to Recipient. 6.2 SUSPENSION OF DISBURSEMENTS If Recipient is in breach of this Agreement (as provided in Article 10 hereof), DCA may suspend disbursement of Grant Funds to the Recipient until such time as the breach has been cured to DCA's satisfaction. Notwithstanding anything to the contrary in this Agreement, upon a termination of this Agreement due to a breach by Recipient, DCA's obligation to disburse Grant Funds for the Project shall end as of the Termination Date. 6.3 DISALLOWED EXPENSES Any costs and expenses reimbursed by DCA which are subsequently determined to be unallowable through audit procedures shall be returned by Recipient to DCA within thirty (30) days of notice of the disallowance. ARTICLE 7 REPRESENTATIONS AND WARRANTIES OF RECIPIENT To induce DCA to make the Grant Award, the Recipient represents, covenants, and warrants that: 7.1 AUTHORITY Recipient is duly organized and validly existing under the laws of the State of Iowa and is in good standing, and has complied with all applicable laws, regulations and orders. Recipient is duly authorized and empowered to execute and deliver this Agreement. All action on the part of Recipient, such as appropriate resolution of their governing -body for the execution and delivery of the Agreement, has been effectively taken. 7.2 FINANCIAL INFORMATION All financial statements and related materials concerning the Recipient and the Project provided to DCA are and shall be true and correct in all material respects and completely and accurately represent the subject matter thereof as of the effective date of the statements and related materials, and no material adverse change has occurred since that date. 7.3 PROJECT PLAN The Project Plan is a complete and accurate representation of the Project. 7.4 CLAIMS AND PROCEEDINGS There are no actions, lawsuits or proceedings pending or, to the knowledge of the Recipient, threatened against the Recipient affecting in any manner whatsoever the Project Property or the Project Site, Recipient's right to execute this Agreement, or the ability of the Recipient to carry out the transactions or comply with its obligations contained in this Agreement. 7.5 COMPLIANCE WITH LAWS AND REGULATIONS Recipient and its employees, agents, officers, directors, contractors and subcontractors shall comply with all applicable federal, state, international, and local laws, rules, ordinances, codes, regulations and orders when performing within the scope of this Agreement. Recipient represents and warrants that it has complied or will comply, in a timely fashion, with all federal, state and local laws regarding permits, licenses, and clearances that may be required to carry out the Project. 7.6 ELIGIBILITY OF EXPENSES Recipient understands and acknowledges that the governmental appropriation of monies for the Fund places limitations on the types of expenditures for which Grant Funds can be used and that Recipient will not be reimbursed for expenses that fall outside such limitations. Recipient represents and warrants that all Project expenses submitted by Recipient for reimbursement hereunder will be eligible expenses under the terms of the appropriations. 7.7 OWNERSHIP OF PROJECT SITE Recipient is the sole owner of the Project Site or Recipient has obtained all necessary rights and permissions from the owner(s) of the Project Site in order to implement the Project Plan on the Project Site as contemplated by this Agreement, and therefore, Recipient represents, covenants and warrants that it has all right, title and authority to implement the Project Plan on the Project Site. 7.8 RENEWAL OF REPRESENTATIONS The representations and warranties of this Article 7 are made as of the Effective Date of this Agreement and shall be deemed to be renewed and restated by the Recipient at the time of each request for disbursement of funds. ARTICLE 8 COVENANTS OF RECIPIENT Recipient covenants to DCA that: 8.1 RECIPIENT OWNERSHIP During the Period of Restriction, Recipient will not change the ownership, structure, or control of the Recipient, the Project Site or the Project Property, including but not limited to, entering into or agreeing to any merger or consolidation with any person, firm or corporation or permitting substantial distribution, transfer, assignment, conveyance, liquidation or other disposition of the Project Site, Project Property or other Recipient assets associated with the Project, whether by agreement, operation of law, or otherwise, without the prior written consent of DCA . If Recipient is a non - governmental entity, Recipient has amended and will maintain its Articles of Incorporation to provide that if Recipient is dissolved during the Period of Restriction, all Project Property shall automatically revert to the State of Iowa unless the State otherwise agrees in writing to waive such requirement. 8.2 NON- ASSIGNMENT Recipient will not assign this Agreement or otherwise transfer any of its rights hereunder or delegate any of its obligations hereunder, without the prior written consent of DCA, and any such attempted assignment, transfer or delegation without DCA's prior written consent shall be void. 8.3 RECIPIENT OPERATION During the Period of Restriction, Recipient will continuously operate and maintain the Project Property and the Project Site in a manner that preserves and maintains accessibility of the public to the Project Property and the public purpose and use for which the Project was designed and approved. Recipient will not change the scope or use of the Project or the nature of the business and activities conducted, or proposed to be conducted, by Recipient on the Project Site, as contemplated in the Project Plan, without the prior written permission of DCA, which permission may be withheld in the sole discretion of DCA. If Recipient's fails to meet the requirements of this Article 8.3, Recipient shall be required to return all Grant Funds paid by DCA for the Project upon receipt of DCA's demand for repayment. 8.4 RESTRICTIONS Recipient will not place, grant or permit any restrictions, liens, encumbrances, security interests, pledges, restrictive covenants or any other limitations on the Project Property or the Project Site during the Period of Restriction without DCA's prior written consent. 8.5 REMOVAL OF PROJECT PROPERTY Recipient will not remove from the Project Site all or any part of the Project Property without DCA's prior written consent. 8.6 NOTICE OF MEETINGS Recipient will notify DCA at least three (3) business days in advance of all meetings of its governing body at which the subject matter of this Agreement or Project is proposed to be discussed. The Recipient will provide DCA with copies of the agenda and minutes of such meetings and expressly agrees that DCA shall have the right to send a representative to attend any and all such meetings. 8.7 COMPLIANCE WITH LAWS AND REGULATIONS In planning, developing, operating and maintaining the Project and the Project Property, Recipient will comply with any and all applicable federal, state, and local laws, rules, ordinances, regulations and orders, including future administrative rules promulgated with respect to the Program. 8.8 COMPETITIVE BIDDING Recipient will employ a competitive bidding process (submitted to and approved by DCA in advance) in construction, development and all other Project - related contracts. ARTICLE 9 INDEMNIFICATION 9.1 INDEMNIFICATION BY RECIPIENT Recipient and its successors and permitted assigns shall defend, protect, indemnify and hold harmless the DCA, the State and their employees, officers, board members, agents, representatives, and officials (" Indemnitees ") from and against any and all claims, actions, suits, liabilities, damages, losses, settlements, demands, deficiencies, judgments, costs and expenses (including, without limitation, the reasonable value of time of the Attorney General's Office and the costs, expenses and attorney fees of other counsel retained by any Indemnitee) directly or indirectly related to, resulting from, or arising out of this Agreement ( "Claims "), including, but not limited to, any Claims related to, resulting from, or arising out of: (a) Any violation or breach of any term or condition of this Agreement by or on behalf of Recipient, including, without limitation, the furnishing or making by Recipient of any statement, representation, warranty or covenant in connection herewith, that is false, deceptive, or materially incorrect or incomplete; or (b) Any act or omission of Recipient, including, without limitation, any negligent acts or omissions, intentional or willful misconduct, or unlawful acts of Recipient, its agents, officers, officials, directors, employees, board members, subsidiaries, affiliates, contractors or subcontractors; or (c) Recipient's performance or attempted performance of this Agreement; or (d) Failure by Recipient or its agents, officers, officials, directors, employees, board members, subsidiaries, affiliates, contractors or subcontractors to comply with any applicable local, state, federal and international laws, rules, ordinances and regulations. 9.2 SURVIVAL Recipient's duties as set forth in this Article 9 shall survive the termination of this Agreement and shall apply to all acts or omissions taken or made in connection with the performance of this Agreement regardless of the date any potential Claim is made or discovered by DCA or any other Indemnitee. 9.3 DEFENSE OF CLAIM DCA shall reasonably cooperate with Recipient to facilitate the defense of any Claim against DCA. DCA reserves the right to participate in the defense of any such Claim. ARTICLE 10 TERMINATION 10.1 TERMINATION FOR CAUSE BY DCA DCA may terminate this Agreement upon written notice for the breach by Recipient of any material term, condition, provision or covenant of this Agreement, if such breach is not cured within the time period specified in DCA's notice of breach or any subsequent notice or correspondence delivered by DCA to Recipient, provided that cure is feasible. In addition, the Department may terminate this Agreement effective immediately without penalty and without advance notice or opportunity to cure for any of the following reasons: 10 (a) Recipient furnishes any statement, representation, warranty or certification in connection with this Agreement that is false, deceptive, misleading or materially incorrect or incomplete; (b) Recipient or any of Recipient's officers, directors, employees, agents, subsidiaries, affiliates, contractors or subcontractors has committed or engaged in fraud, misappropriation, embezzlement, malfeasance, misfeasance, or bad faith; (c) Dissolution of Recipient or any parent or affiliate of Recipient owning a controlling interest in Recipient, or termination or suspension of Recipient's business; (d) Recipient's corporate existence or good standing in Iowa is suspended, terminated, revoked or forfeited; (e) Recipient has failed to comply with any applicable international, federal, state, or local laws, rules, ordinances, regulations or orders when performing within the scope of this Agreement; (f) DCA determines or believes the Recipient has engaged in conduct that has or may expose the DCA or the State of Iowa to material liability; (g) Recipient or any corporation, shareholder or entity having or owning a controlling interest in Recipient: (i) becomes insolvent or bankrupt; (ii) admits in writing its inability to pay its debts as they mature; (iii) makes an assignment for the benefit of creditors; (iv) applies for or consents to the appointment of a trustee or receiver for the Recipient or for the major part of its property; (v) has a trustee or receiver appointed for it or for all or a substantial part of its assets, and the order of such appointment is not discharged, vacated or stayed within sixty (60) days after such appointment; or (vi) bankruptcy, reorganization, arrangement, insolvency, or liquidation proceedings or other proceedings for relief under any bankruptcy or similar law or laws for the relief of debtors, are instituted by or against Recipient and, if instituted against Recipient is consented to, or, if contested by Recipient, is not dismissed by the adverse parties or by an order, decree or judgment within sixty (60) days after such institution; (h) In DCA's sole determination, Recipient has not made substantial progress toward completion of the Project within one hundred eighty (18 0) days after the Effective Date of this Agreement, or if Recipient fails to complete the Project by the Project Completion Date; (i) In DCA's sole determination, the Project is not operated and maintained at a professional level consistent with the highest industry 11 standards, is no longer accessible to the public or is no longer serving and providing a public use or benefit consistent with the public purposes forming the basis for the Grant Award; 0) If the Recipient expends Grant Funds for purposes other than for payment of approved itemized costs and expenses submitted by Recipient in a Request for Reimbursement; and (k) Recipient fails to receive the matching funds and other funds, besides the Grant Funds, necessary to complete the Project under the terms of this Agreement. 10.2 TERMINATION DUE TO LACK OF FUNDS OR CHANGE IN LAW Notwithstanding anything in this Agreement to the contrary, DCA shall have the right to terminate this Agreement immediately, without penalty and without advance notice, as a result of any of the following: (a) The Legislature or Governor of the State fails to appropriate funds sufficient in the sole opinion of DCA to allow DCA either to meet its obligations under this Agreement or to operate as required to fulfill its obligations under this Agreement. (b) Program funds are de- appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by DCA to make reimbursements hereunder are insufficient or unavailable for any other reason as determined by DCA in its sole discretion. (c) If DCA's authorization to conduct its business or engage in activities or operations related to the subject matter of this Agreement is withdrawn or materially altered or modified, or if the DCA's duties, programs or responsibilities are modified or materially altered. (d) If there is a decision of any court, administrative law judge or an arbitration panel or any law, rule, regulation or order is enacted, promulgated or issued that materially or adversely affects the DCA's ability to fulfill any of its obligations under this Agreement. 10.3 MUTUAL TERMINATION FOR CONVENIENCE This Agreement may be terminated, in whole or in part, upon the mutual agreement of the parties for any reason. 10.4 TERMINATION OR EXPIRATION OF MOU Upon the expiration or earlier termination of the MOU, DCA shall have the option to terminate this Agreement. 10.5 NON - EXCLUSIVE REMEDY DCA's right to terminate this Agreement shall be in addition to and not exclusive of other remedies available to DCA, and DCA 12 shall be entitled to exercise any other rights and pursue any remedies, in law, at equity, or otherwise. 10.6 EFFECT OF TERMINATION (a) If this Agreement is terminated by DCA pursuant to Article 10.1 hereof, Recipient shall repay all Grant Funds received by Recipient within thirty (30) days of DCA's written request; (b) If this Agreement is terminated by DCA pursuant to Article 10.2 hereof, by agreement of the parties pursuant to Article 10.3 hereof, or upon the termination or expiration of the MOU pursuant to Article 10.4 hereof, disbursements shall be paid for approved, documented Project costs and expenses incurred by Recipient through the Termination Date within thirty (30) days of receipt by DCA of a Request for Reimbursement for such costs and expenses, subject to legally available Grant Funds. Any costs and expenses reimbursed by DCA which are subsequently determined to be unallowable through audit procedures shall be returned by Recipient to DCA within thirty (30) days of notice of the disallowance. ARTICLE 11 INSURANCE 11.1 INSURANCE REQUIREMENTS Recipient shall, at its sole expense, maintain in full force and effect, with insurance companies admitted to do business in the State and acceptable to DCA, insurance covering the Project Property. The insurance shall be of a scope and coverage that is acceptable to DCA; shall name DCA and the State as additional insured or loss payees, as the case may be; and shall not be canceled, reduced or changed without DCA's prior written consent. Recipient shall, at a minimum, provide the coverage set forth below. 11.2 FIRE AND EXTENDED CASUALTY Recipient shall provide and continuously maintain, throughout the useful life of the Project Property, fire and extended coverage casualty insurance (including an endorsement for vandalism and mischief) covering the Project Property in an amount equal to the full replacement cost of the Project Property; and 11.3 BUILDERS RISK INSURANCE Coverage shall be made effective on the inception date of construction on the Project and will terminate upon the Project Completion Date. 11.4 CLAIMS PROVISION The insurance policies required by this Agreement shall provide coverage on an "occurrence basis" for all claims arising from activities occurring during the term of the policy regardless of the date the claim is filed or expiration of the policy. 11.5 CERTIFICATES OF INSURANCE At the time of execution of this Agreement, Recipient shall deliver to DCA certificates of insurance certifying the types 13 and the amounts of coverage and also certifying that no cancellation or modification of the insurance policies will be made without at least thirty (30) days prior written notice to the DCA. All certificates of insurance shall be subject to approval by DCA. 11.6 LIABILITY OF RECIPIENT Acceptance of the insurance certificates by DCA shall not act to relieve Recipient of any obligation under this Agreement. It shall be the responsibility of Recipient to keep the respective insurance policies and coverages current and in force as provided herein. Recipient shall be responsible for all premiums, deductibles and for any inadequacy, absence or limitation of coverage. 11.5 WAIVER OF SUBROGATION Recipient shall obtain a waiver of any subrogation rights that any of its insurance carriers may have against DCA or the State. The waiver of subrogation rights shall be indicated on the certificates of insurance coverage supplied to DCA. ARTICLE 12 GENERAL TERMS AND PROVISIONS 12.1 BINDING EFFECT This Agreement shall be binding upon and shall inure to the benefit of DCA and Recipient and their respective heirs, successors, legal representatives and assigns. 12.2 TIME IS OF THE ESSENCE Time is of the essence with respect to Recipient's performance of its obligations under this Agreement. 12.3 IOWA GREAT PLACES RECOGNITION The Project shall permanently recognize, in a manner acceptable to DCA, the financial contribution to the Project made by the State through the Program. 12.4 SEVERABILITY Each provision of this Agreement shall be deemed to be severable from all other provisions of the Agreement and, if one or more of the provisions of the Agreement shall be declared invalid, the remaining provisions of the Agreement shall remain in full force and effect. 12.5 CHOICE OF LAW AND FORUM The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the proceeding shall be brought in Des Moines, Iowa, in Polk County District Court for the State of Iowa, if such court has jurisdiction. If however, such court lacks jurisdiction and jurisdiction lies only in a United States District Court, the matter shall be commenced in the United States District Court for the Southern District of Iowa, Central Division. This provision shall not be construed as waiving any immunity to suit or liability, in state or federal court, which may be available to DCA or the State of Iowa. 14 12.6 MODIFICATION Neither this Agreement nor any documents incorporated by reference in connection with this Agreement may be changed, waived, modified, amended or discharged except through a writing executed by both parties. Examples of situations where amendments are required include, without limitation, extensions of the Project Completion Date or material changes to the Project. DCA will consider whether an amendment request is so substantial as to necessitate re- evaluating DCA's decision to provide a Grant Award for the Project. An amendment will be denied by DCA if it substantially alters the circumstances under which the Project funding was originally approved or if it does not meet requirements set forth in Iowa Code Sections 303.3C or 303.31). 123 NOTICES Notices under this Agreement shall be in writing and delivered to the representative of the party to receive notice (identified below) at the address of the party to receive notice as it appears below or as otherwise provided for by proper notice hereunder. The effective date for any notice under this Agreement shall be the date of delivery of such notice (not the date of mailing) which may be effected by certified U.S. Mail return receipt requested with postage prepaid thereon or by recognized overnight delivery service, such as Federal Express or UPS: If to DCA: If to Recipient: Iowa Department of Cultural Affairs State of Iowa Historical Building 600 E. Locust St. Des Moines, IA 50319 -0290 Attn: Director (a) Any notice or communication sent by certified U.S. Mail under this Agreement shall be deemed given upon receipt as evidenced by the U.S. Postal Service return receipt card, or if sent by overnight delivery service, upon receipt as evidenced by the signature obtained by the carrier. (b) From time to time, the parties may change the name and address of a party designated to receive notice. Such change of the designated person shall be in writing to the other party and as provided herein. 12.8 WAIVERS Except as specifically provided for in a waiver signed by duly authorized representatives of DCA and Recipient, failure by either party at any time to require performance by the other party or to claim a breach of any provision of this Agreement shall not be construed as affecting any subsequent breach or the right to require performance with respect thereto or to claim a breach with respect thereto. No 15 term or condition of this Agreement shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties hereto. 12.9 CUMULATIVE RIGHTS The various rights, powers, options, elections and remedies of DCA and the State provided in this Agreement shall be construed as cumulative and no one of them is exclusive of the others or exclusive of any rights, remedies or priorities allowed DCA and the State by law, and shall in no way affect or impair the right of the DCA or the State to pursue any other contractual, equitable or legal remedy to which DCA or the State may be entitled. The election by DCA or the State of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. 12.10 LIMITATION OF FINANCIAL OBLIGATION It is agreed by the Recipient that DCA shall not, under any circumstances, be obligated financially under this Agreement except to disburse Grant Funds according to the terms of the Agreement. 12.11 ENFORCEMENT EXPENSES The Recipient shall pay upon demand any and all reasonable fees and expenses of DCA, including the fees and expenses of DCA's attorneys (including, without limitation, the reasonable value of time of the Attorney General's Office), experts and agents, in connection with the enforcement of any of the rights of DCA under this Agreement. 12.12 HEADINGS The headings in this Agreement are intended solely for convenience of reference and shall be given no effect in the construction and interpretation of this Agreement. 12.13 EVENT OF DCA DISSOLUTION Recipient hereby acknowledges that DCA is a public instrumentality of the State and that in the event that DCA is dissolved for any reason, the State is entitled to enforce any right, title or interest held by DCA hereunder, and all of Recipient's obligations hereunder are owed to the State. 12.14 SURVIVAL The parties' rights and obligations under Articles 4.4, 4.5, 4.8, 8.1, 8.2, 8.3, 8.4, 8.5, 9, 10.6, 11 and 12.11 shall survive expiration or termination of this Agreement for any reason. 12.15 FINAL AUTHORITY DCA shall have the final authority to assess whether the Recipient has complied with the terms of this Agreement. DCA's decision shall be final and binding on all questions concerning Recipient's compliance with the terms hereof. IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into the above Agreement and have caused their duly authorized representatives to execute this Agreement, effective as of the Effective Date. DEPARTMENT OF CULTURAL AFFAIRS: 16 CUM Mary Cownie, Director DATE: BY: No Matthew J . Vayek- TITLE: Mayor DATE: I - -I/- - /0- 17 GREAT PLACES APPROPRIATIONS PROJECT PLAN Date: Great Place Name: Account Code #: Project Name: Project Code #: Project Scope/Narrative/Public Purposes: Project Timeline: *list date in order of work scheduled 18 PROJECT BUDGET MONEY IN TYPE (In -kind, private?) SOURCE AMOUNT TOTAL AMOUNT: $ MONEY OUT *Staple bids to this page. PROJECT COMPONENT I CONTRACTOR JAMOUNT TOTAL AMOUNT: $ LESS CONTRIBUTIONS $0 GREAT PLACES REQUEST $ 19 Wendy Ford From: Murphy, Sarah [DCA] <Sarah.Murphy @iowa.gov> Sent: Friday, November 18, 20119:21 AM To: Wendy Ford Subject: RE: Extension of 30 day time frame Hi Wendy, Thanks for checking back in with me. I submitted your request to both our Department Director and the AG's office. I had hoped that one of them had reached out to you. My apologies. I spoke to the Director this morning, as she will grant the extension for signing the agreement. Please let this email serve as documentation that your request for an extension has been approved. Thanks again for your patience. -Sarah Sarah Murphy Mannheimer Iowa Great Places Department of Cultural Affairs State of Iowa 515.281.7471 sargh,txlu!'phy�a iowcl,gav From: Wendy Ford [mailto :Wendy- Ford@iowa- city.org] Sent: Friday, November 18, 20119:15 AM To: Murphy, Sarah [DCA] Subject: Extension of 30 day time frame Importance: High Hi Sarah, I sent an email on 11/15 and have left two voicemails requesting an extension of the 30 day deadline for signing the grant agreement for our next great places grant project. We need to have the council resolution approving the signing of the grant agreement before it is signed by our city manager. I am not able to get it on a council agenda until Dec, 6 which is past the 30 day deadline. We request an extension be granted for this reason. Thanks so much, Wendy Wendt rFord Economic Development Coordinator 410 E. Washington St. Iowa City, IA 52240 Phone 319- 356 -5248 R CITY OF IOWA CITY 16 ��_T � k ,4 � � MEMORANDUM DATE: November 22, 2011 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer, RE: East Side Levee Project Consultant Agreement Introduction: The City has received grant funding through the CDBG program for the design and construction of a levee system and related storm sewer improvements to protect critical public infrastructure and businesses in the South Gilbert Street Corridor that flooded in 2008. History /Background: During the flood of 2008, much of the South Gilbert Street Corridor experienced significant flooding. South Gilbert Street and numerous businesses located in the Stevens drive area were inundated for a period of 20 days. In 2009 the City submitted an application for CDBG Disaster Recovery Funding to IDED to construct a levee to protect South Gilbert Street and the abutting commercial areas from future flooding. In 2010, IDED awarded a Community Development Block Grant to the City for an amount not to exceed $3,900,000 for the design and construction of the East Side Levee. Discussion of Solution: The East Side Levee will extend along the eastern side of the Iowa River from US Highway 6 south to the CRANDIC Railroad Bridge protecting the businesses located in the South Gilbert Street Corridor and allow the City to maintain access to critical city -owned facilities during large flood events. This project will also include related storm sewer improvements for the area including backflow prevention and stormwater pumping. These improvements will alleviate the burden placed on the existing sewers when local heavy rains occur during flood events. In September 2011, the City published a Request for Proposals to prepare preliminary and final design drawings and specifications and provide bidding and construction phase services for the East Side Levee Project. The City interviewed three of the five total applicants and chose MMS Consultants, Inc. based on their proximity to and extensive knowledge of the project area. Recommendation: Staff recommends the approval of the consultant agreement with MMS Consultants, Inc. at the December 61h City Council meeting. The fee for the negotiated scope of services is $366,750 and will be funded by IDED through the CDBG program. M. Jason Reichart, Special Projects Engineer Prepared by: Jason Reichart, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5416 RESOLUTION NO. 11 -396 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 MMS CONSULTANTS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE EAST SIDE LEVEE PROJECT. WHEREAS, the City of Iowa City desires to protect critical public infrastructure and businesses in the South Gilbert Street corridor; and WHEREAS, the City will construct a levee system and related storm sewer improvements along the eastern side of the Iowa River; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design, provide bidding services, and provide construction phase engineering services for construction of the East Side Levee Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with MMS Consultants, Inc., to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with MMS Consultants, Inc. WHEREAS, funds for this project are available in the East Side Levee account #3962; and 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, and any amendments thereto that may become necessary. Passed and approved this 6th day of December 12011 MAYOR ATTEST: t 4ITk ERK PW ENG /RES /2011 EastSideLevee -MMS App roved by �, at City Attorney's Office 11 ?A I I /6 Resolution No. 11 -396 Page 2 It was moved by Wright and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: x x x X_ _ x x x wpdata /glossary/resolution- ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 6th day of December , 2011 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and MMS Consultants, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, much of the South Gilbert Street Corridor experienced significant flooding in 2008 inundating South Gilbert Street and damaging 27 businesses; and WHEREAS, the City submitted an application to IDED for CDBG Disaster Recovery Funding to protect the South Gilbert Street Corridor by constructing a levee system and related storm sewer improvements along the eastern side of the Iowa River from US Highway 6 south to the CRANDIC Railroad Bridge; and WHEREAS, IDED approved the said funding application and issued a Community Development Block Grant to the City; and WHEREAS, the City published a Request for Proposals to prepare preliminary and final design drawings and specifications and provide bidding and construction phase services for said levee system and related storm water improvements; and WHEREAS, the City interviewed three of the five total applicants and chose MMS Consultants, Inc. based on their proximity to and extensive knowledge of the project area; and WHEREAS, the City has negotiated an Agreement for said consulting services with MMS Consultants, Inc. 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 The Consultant shall adhere and follow all the requirements set forth in the Community Development Block Grant (CDBG) guidelines, outlined in Attachment 1, attached and incorporated herein. Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. The work to be performed by the CONSULTANT under this Scope of Services shall encompass and include the preliminary design, final detail design, construction plans and specification preparation for the improvements which include: The grading and storm sewer drainage required to build a flood control levee along the east side of the Iowa River from US Highway 6 south to the CRANDIC Railroad in southwest Iowa City. -2- A. Preliminary Design and Plan Preparation 1. Meetings The CONSULTANT will conduct a project kickoff meeting with the city staff to define a clear scope of goals and services. The CONSULTANT will conduct a pre- design meeting with property owners and the city to discuss potential impacts to property and benefits. 2. Preliminary Survey and Mapping The CONSULTANT will perform a topographic and boundary survey to obtain a base drawing for use in the design of the improvements. The CONSULTANT will research courthouse records to establish approximate locations of existing property lines, right -of -way lines and property ownership for the properties affected by the PROJECT and incorporate this data into the base mapping of the PROJECT. The CONSULTANT will research underground utility locations with the various companies and plot such locations on the base mapping of the PROJECT. Utilities to be researched include: sanitary sewer, storm sewer, electric, gas, water, telephone, cablevision, and fiber optic lines. This task will include field surveys to establish vertical and horizontal control, and obtaining supplemental topographic data required for the development of the preliminary plans. This task also includes incorporating the survey data collected into the base mapping. Permanent benchmarks will be established. Horizontal control to be based on Johnson County GPS control monuments (NGS NAD83). Vertical control to be based on NGVD 1929. 3. Soils Report This task will consist of a maximum of 15 soil borings to appropriate depths below grade. This subsurface exploration will include cone penetration tests, field vane shear tests, groundwater monitoring, visual soil classifications, moisture content tests, dry density determinations, plastic and liquid limit tests, laboratory compaction tests, sieve analysis, one - dimensional consolidation tests, UU triaxial shear tests, CUIC triaxial shear with pore pressures, unconfined compressive strength tests, and laboratory permeability tests. The soils report will contain a description of the PROJECT; a summary of the drilling, sampling, and testing procedures; logs of the boring and laboratory test results; and recommendations regarding the suitability of the soil for levee construction. 4. Conduct CDBG Environmental / Archaeological Site Investigations This task will involve assisting the CITY with Section 106 and NEPA environmental compliance. As part of Section 106 requirements, a phase one cultural resource survey will be completed for the project area. A report will be prepared to meet the requirements of the State Historical Society of Iowa. As part of the NEPA compliance, this task will consist of identifying and drafting notices for publication, completing checklists, and providing documentation for the Environmental Review ME Record. This task will also include a biological assessment / endangered species inventory and wetland investigation. This scope anticipates a Finding of No Significant Impact. 5. Wetland Investigation, Delineation, and Mitigation This task will involve investigation of the levee site to determine the potential for possible wetlands. If wetlands are determined to exist on the site a detailed wetland delineation will be performed to determine their extent. A final wetland delineation report will be prepared that will outline the surveyed wetland boundary and determine the total number of wetland acres that will be impacted by the proposed project. A wetland mitigation plan will be prepared for a site chosen by the city. This task will include preparation and submittal of the permit application to the US Army CORPS of Engineers and the Iowa DNR for the mitigation site. 6. Preliminary Levee Alignment This task will involve preparing preliminary plan sheets that will show the existing topography and the proposed grading along the proposed Levee. Existing features such as trees, pavement, and buildings that will be impacted by the proposed grading will be shown. Proposed permanent and temporary easement limits will be shown. Included will be the necessary CADD work to show the preliminary design features for the proposed improvements, as well as preliminary cross sections for the determination of earthwork quantities. The proposed improvements will include a levee that will meet current FEMA and USACE standards for levee construction. The levee will be designed so it can accommodate a 10 foot wide trail on top. 7. Preliminary Drainage Analysis This task consists of completing an inventory of the existing hydrologic and hydraulic conditions and identifying the impacts the proposed improvements will have on the area wide drainage patterns and storm sewers. Once the impacts have been quantified alternatives to create storm water pumping stations to discharge local runoff to the Iowa River will be evaluated. It is estimated that a maximum of three pumping structures may be required. 8. Preliminary Cost Estimate Preparation This task will include tabulating estimated construction quantities. These quantities will be used to prepare a preliminary cost estimate. 9. Preliminary Acquisition Plats and Easement Plats This task consists of identifying the areas impacted by the proposed improvements. Preliminary acquisition and easement plats will be prepared to identify the amount of property that will need to be acquired to construct the project. These plats will be used to determine an estimated cost of the land acquisition. B. Final Plan and Specification Preparation Based upon the preliminary design and plan preparation, field examination, review comments and various meetings, the CONSULTANT shall proceed with the final design, contract drawings, specifications, and estimates for the PROJECT. The contract documents shall describe in detail the work to be done, materials to be used, and the construction methods to be followed. Final construction plans will be ink plotted on mylar and will become the property of the CITY. The work tasks to be performed by the CONSULTANT under section 1.13 Final Plan and Specification Preparation shall include the following: 1. Final Levee Alignment This task will involve preparing final plan sheets that will show the existing topography and the proposed grading along the proposed Levee. Existing features such as trees, pavement, and buildings that will be impacted by the proposed grading will be shown. Proposed permanent and temporary easement limits will be shown. Included will be the necessary CADD work to show the final design features for the proposed improvements, as well as final cross sections for the determination of earthwork quantities. The proposed improvements will include a levee that will meet current FEMA and USACE standards for levee construction. The levee will be designed so it can be FEMA and Army Corps of Engineers Certified. A ten foot wide trail will be designed on the top of the levee. 2. Final Drainage Analysis This item consists of using the findings from the preliminary drainage analysis to design water pumping stations to discharge local runoff to the Iowa River. Final plan sheets will show the required improvements to construct the pumping stations. 3. Final Acquisition Plats and Easement Plats This task consists of identifying the areas impacted by the proposed improvements. Final acquisition and easement plats will be prepared to identify the amount of property that will need to be acquired to construct the project. These plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. 4. Permitting The CONSULTANT will make application for the required permits on behalf of the CITY. Any fees for construction permits, licenses and other costs associated with permits and approvals shall be the responsibility of the CITY. The CONSULTANT shall provide technical criteria, written descriptions, and design data in filing applications for permits. The CONSULTANT will also be available to participate in consultations with permitting authorities. It is anticipated that the following permit(s) will be applied for: • IDNR Permit for NPDES • IDNR flood plain development permit • US Army Corps of Engineers 404 permit 5. PROJECT Manual This task consists of providing a Project Manual for the PROJECT, including; Notice of Hearing and Letting, Instruction to Bidders, Bid Forms, Bond Forms, Agreement Forms, General Conditions of the Construction Contract, Supplementary General Conditions, and Detailed Construction Specifications. The Project Manual will be -5- developed using the Iowa City engineering consultant dossier (most recent copy) as a guide. 6. Opinion of Probable Construction Cost The CONSULTANT shall prepare an updated Opinion of Probable Construction Cost for the PROJECT at the time of completion of the final plans and specifications. The Opinion of Probable Construction Cost is intended for the use of the Owner in financing and bidding the PROJECT. 7. Meetings The CONSULTANT staff will attend a maximum of 4 meetings to review progress, assist in decision - making, and receive direction from the CITY, one field exam which includes the preparation of materials, participation in the field exam and reviewing results of the field exam with the CITY, and others. The CONSULTANT will coordinate two public information meetings which include the preparation of display materials and hand out information, attendance at a public informational meeting and reviewing results of the informational meetings with the CITY and others. 8. Deliverables The CONSULTANT shall provide the city with two signed and sealed paper copies of the final plan set and one complete set of PDF files. C. Bidding and Construction Services The work tasks to be performed by the CONSULTANT under section I.0 Bidding and Construction Services shall include the following: 1. Printing of Plans and Specifications This task consists of printing and handling of the Plans and Specifications. For budget purposes it is estimated that thirty 24 "x36" plan sets and specifications will be duplicated and assembled for distribution. This task also includes dissemination of the contract documents and maintaining a plan holders list during the bidding phase. Administrative and handling expenses will be a part of this contract, as will the cost to print and distribute plans and specifications to selected plan rooms. 2. Notice of Project The CONSULTANT shall assist in the preparation of the formal Notice of Hearing and Letting. Publication cost shall be borne by the CITY. The CONSULTANT shall also prepare and disseminate an informal notice to contractors concerning the upcoming PROJECT. 3. Contractor Questions and Addenda The CONSULTANT shall be available to answer questions from contractors prior to the letting and shall issue addenda as appropriate to interpret, clarify or expand the I M. bidding documents. Information provided to contractors will not extend to means, methods, techniques, sequences or procedures of construction. 4. Letting, Bid Tabs, and Award Recommendation The CONSULTANT shall conduct a pre -bid meeting to answer questions from prospective bidders. The CONSULTANT shall have a representative present when the bids and proposals are opened, shall make tabulation of bids for the CITY, shall advise the CITY on the responsiveness of the bidders, and assist the CITY in making the award of contract. After the awards are made, the CONSULTANT shall assist in assembling documents for the PROJECT included herein. 5. Submittals and pay requests The CONSULTANT shall review contractor submittals and shop drawings and assist the city with approval of pay requests and change orders. 6. Construction Meetings The CONSULTANT shall coordinate the preconstruction meeting with the CITY, contractor, subcontractors and utility companies. The CONSULTANT shall attend regular construction meeting and other meetings with the contractor as required. 7. Inspections The CONSULTANT shall provide milestone inspections as needed. Full time inspection shall be by the City. 8. Provide O &M Manuals The CONSULTANT shall provide O &M manuals for the equipment. 9. Deliverables The CONSULTANT shall provide as -built plans to the city. The as -built plans shall be submitted as one full sized mylar set, one complete set of PDF files, and one AutoCad drawing file plan set. C. Additional Services Additional Services are not included in this contract. If authorized under a Supplemental Agreement the CONSULTANT shall furnish or obtain from others the following services. 1. Title Searches 2. DOT Type Plot Plans 3. Appraisals 4. Appraisal reviews 5. Right -of -Way negotiation /acquisition services 6. Environmental impact statements 7. Investigation and /or mitigation of hazardous materials, if any 8. Construction Observation and Materials Testing -7- 9. Construction Layout and Staking 10. Phase Two Archeological investigation and /or assessment 11. Application, impact and permit fees I1. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. The work will commence upon execution of this agreement. I.A Preliminary Design and Plan Preparation within 16 weeks I.B Final Plan & Specification Preparation within 30 weeks I.0 Bidding and Construction Services as required to meet schedule 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. 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. 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 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 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. 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 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 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. 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 of $1,000,000. IV. COMPENSATION FOR SERVICES CITY shall pay CONSULTANT for services rendered under Section I - Scope of Services the fee amount as follows, calculated according to the fee schedule shown on Attachment 2, attached hereto and incorporated herein by this reference: Hourly Not -to- Exceed Amount $ 366,750.00 won 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 it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY FOR TI E CONSU TANT By: ��,�.c By. 77 6ZW111 Matthew J. Hayek Title: Mayor Title: %lk /fi� Date: 12/6/2011 ATTEST: i? - JV.17--V) C y Jerk Date: / /�Z 9/ZO/l Approved by: >.. ity Attorney's Office Date Attachment 1 Special Conditions Supplement for all CDBG Contracts and Agreements The City is referred to as "contractor and recipient below and Consultant as "subcontractor and subrecipient." City and Consultant agree to abide by the following provisions, as applicable: 1) Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended. Contracts and subgrants of amounts in excess of $100,000 shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA). Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251.et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contractor subcontract which exceeds $100,000 the aforementioned criteria and requirements. 2) Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333) Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U:S.C. 327 -333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 11/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 3) Copeland 'Anti- Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall comply with the Copeland "Anti- Kickback Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in -2- the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD. 4) Davis -Bacon Act, as amended (40 U.S.C. 276a to 276a -5) When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis- Bacon Act (40 U.S.C. 276a to 276a -5) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction "). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD. 5) Debarment and Suspension (E.O.s 12549 and 12689) No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension," as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 6) Drug -Free Workplace Requirements The Drug -Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug -free workplaces. Each potential recipient must certify that it will comply with drug -free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. 7) Equal Employment Opportunity Contractor shall comply with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, . "Amending Executive Order 11246 Relating to Equal Employment Opportunity, and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." During the performance of the contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the municipality setting forth the provisions of the non - discrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. -3- c. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the property Owner, advising the labor union of workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. e. The Contractor will furnish all information and reports required by Executive Order 11246 amended as of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or the Secretary of Housing and Urban Development, pursuant thereto, and will permit access to his books, records, and accounts by the property owner, the City, the Secretary of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event of the Contractor's non - compliance with the non - discrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or Federally funded constructed contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law. g. The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the property owner may direct as a means of enforcing such provisions, including sanctions for non - compliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. In addition to the federal EEO requirements above, Contractor agrees that its employees and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status, or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 8) Lobbying and Influencing Federal Employees a. No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form -LLL, "Disclosure of Lobby Activities," in accordance with its instructions. c. The Recipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure." 9) Nonsegregated Facilities The federally- assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally- assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally- assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. 10) Section 3 of the Housing and Urban Development Act of 1968 Contractor agrees to comply with Section 3 requirements, the regulations set forth in 24 CFR 135, and to include the following language in all subcontracts executed under this Agreement: The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. c. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees -5- and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. e. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. f. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. g. With respect to work performed in connection .with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian - owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 11) Women and Minority Owned Business Enterprises Contractor shall use its best efforts to afford minority and women -owned business enterprises (at least fifty - one (51) percent owned and controlled by minority group members or women) the maximum practicable opportunity to participate in the performance of this Agreement. 12) Federal Labor Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) moz under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5 (a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215,0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the -7- benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215 - 0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215- 0140 and 1215 - 0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029 - 005 - 00014 -1), U.S. Government Printing Office, Washington, DC 20402. The prime con - tractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215 - 0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance' required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. (i) Apprentices and Trainees. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification'shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees. shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. S. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. -10- 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions ", provides in part: "Whoever, for the purpose of ... influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such work —week unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with - 11 - respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. 3. Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. 1.Health and Safety. The provisions of this paragraph C are applicable only where the amount of the prime contract exceeds $100,000. (i) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (ii) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq. (iii) The Contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 13) Access and Maintenance of Records The contractor must maintain all required records for five years after final payments are made and all other pending matters are closed. At any time during normal business hours and as frequently as is deemed necessary, the contractor shall make available to the Iowa Department of Economic Development, the State Auditor, the General Accounting Office, and the Department of Housing and Urban Development, for their examination, all of its records pertaining to all matters covered by this contract and permit these agencies to audit, examine, make excerpts or transcripts from such records, contract, invoices, payrolls, personnel records, conditions of employment, and all other matters covered by this contract. 14) Civil Rights Provisions As applicable, the Subcontractor agrees to comply with: a. Title VI of the Civil Rights Act of 1964 as amended -12- Title VI, codified at 42 U.S.C. § 2000d, prohibits racial discrimination by recipients of federal funds as follows: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Title VIII of the Civil Rights Act of 1968 as amended Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Act of 1988, which is codified at 42 U.S.C. § 3604, prohibits discriminating against persons in the sale or rent or a dwelling based on disability. Discrimination includes a refusal to make reasonable accommodations in rules and policies, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling. c. Section 109 of Title I of the Housing and Community Development Act of 1974 as amended Section 109 is codified at 42 USC 5309 and provides that no person shall on the ground of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds. d. Americans with Disabilities Act of 1990 as amended The Americans with Disabilities Act of 1990, as amended, prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. e. Section 504 of the 1973 Rehabilitation Act The Subcontractor agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Contractor shall provide the Subcontractor with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. f. Age Discrimination Act of 1975 This prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance. g. Executive Order 11063 This Executive Order signed by President Kennedy "prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds." 15) Prevailing Wage — See insert if applicable. Attachment 2 MMS Consultants Inc. Hourly Rates 2011 Rates All Departments WorlcCode Description Amount /Hour 81 Administrative Assistant $54.50 82 Clerical $54.50 83 Clerical Support Specialist $39.00 86 Expert Witness $175.00 91 Senior Cad Technician $109.50 92 CAD Technician 1 $61.50 93 CAD Technician II $54.50 11 Engineer $109.50 12 Engineer 11 $97.00 13 Engineer III $85.50 14 Engineer IV $74.00 41 Engineering Technician 1 $85.00 42 Engineering Technician II $72.50 43 Engineering Technician Ill $64.50 44 Engineering Technician IV $55.50 51 Geologist $75.00 52 Wetland Scientist $73.50 53 SoiOWetland Technician $56.50 21 Landscape Arch $109.50 22 Landscape Arch 11 $92.00 23 Landscape Arch 111 $70.00 24 Landscape Arch IV $56.50 31 Land Surveyor $109.50 32 Land Surveyor 11 $93.50 33 Land Surveyor 111 $82.00 34 Land Surveyor II GPS /Robotics $118.50 35 Land Surveyor I GPS /Robotics $134.50 38 Land Surveyor III GPS/Robotics $107.00 45 Research Administrative Assistant $64.50 71 Survey Chief $81.00 72 Survey Tech 1 $66.50 73 Survey Tech 11 $57.50 74 Survey Tech I GPS /Robotics $91.50 75 Survey Chief GPS /Robotics $106.00 76 Survey Tech 11 GPS /Robotics $82.50 Monday, Janrrmy 31, 2011 Page 1 of] -2- 2012 Rates All Departments Work Code Description Amount / Hour 81 Administrative Assistant $56.50 82 Clerical $56.50 83 Clerical Support Specialist $40.50 86 Expert Witness $182.00 91 Senior Cad Technician $114.00 92 CAD Technician 1 $64.00 93 CAD Technician II $56.50 11 Engineer $114.00 12 Engineer II $101.00 13 Engineer III $89.00 14 Engineer IV $77.00 41 Engineering Technician 1 $88.50 42 Engineering Technician If $75.50 43 Engineering Technician III $67.00 44 Engineering Technician IV $58.00 51 Geologist $78.00 52 Wetland Scientist $76.50 53 Soil/Wetland Technician $59.00 21 Landscape Arch 1 - $114.00 22 Landscape Arch II $96.00 23 Landscape Arch III $73.00 24 Landscape Arch IV $59.00 31 Land Surveyor 1 $114.00 32 Land Surveyor II $97.00 33 Land Surveyor III $85.00 34 Land Surveyor 11 GPS /Robotics $122.00 35 Land Surveyor I GPS /Robotics $139.00 38 Land Surveyor III GPS /Robotics $110.00 45 Research Administrative Assistant $67.00 71 Survey Chief $84.00 72 Survey Tech 1 $69.00 73 Survey Tech 11 $60.00 74 Survey Tech I GPS /Robotics $94.00 75 Survey Chief GPS /Robotics $109.00 76 Survey Tech II GPS /Robotics $85.00 &5a, .4 CITY OF IOWA CITY ..'�� MEMORANDUM Date: November 30, 2011 To: Tom Markus, City Manager From: Marcia Bollinger, Public Art Program Coordinator Re: Donation of 3 BookMarks Sculptures to the City of Iowa City Introduction: On December 6, the Iowa City City Council will be asked to accept the donation of three BookMark statues purchased by private individuals or entities. These BookMarks will be placed on display in downtown Iowa City and become part of the Iowa City Public Art inventory. History/Background: In June 2011, 25 unique BookMark statues were unveiled kicking off 6 months of celebrating reading, writing, and book art in Johnson County. Four additional statues debuted in July. All of these books were sponsored by various individuals and entities. (The City of Iowa City sponsored Mobv Dick that was on display in front of City Hall over the summer.) These gigantic statues were created by artists from throughout the Midwest and were on display through the end of October in Coralville, Iowa City, North Liberty, and at the Eastern Iowa Regional Airport. On November 10, an auction was held to conclude the project with all proceeds going to benefit the Iowa City UNESCO City of Literature and the public libraries of Iowa City, Coralville and North Liberty. Discussion of Solutions: The three BookMark statues that have been purchased at the auction and offered to the City of Iowa City and their proposed locations are: WINDOWS AND WORLDS By Megan Klazura Donated by Susan Craig Located on Iowa Avenue adjacent to Tower^% `f Place parking ramp TREASUREISLAND By Tam Bodkin Bryk Donated by Hands Jewelers Located at its current location on the Iowa Sculptors Showcase Pad LITERARY LIFE IN IOWA CITY By Lauren Haldeman Donated by Thomas M. Markus and the Iowa City /Coralville Area Convention and Visitors Bureau Located in front of Iowa City City Hall Recommendation: The City Council authorizes the acceptance of donated "Bookmark" sculptures as detailed in the donation agreement. Installation of the Literary Life in Iowa City and Windows and World should occur in the next two weeks. rA ,r r Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 11 -397 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DONATION AGREEMENTS FOR THE ACCEPTANCE OF "BOOKMARK" SCULPTURES UPON THE RECOMMENDATION OF THE PUBLIC ART ADVISORY COMMITTEE WHEREAS, a recent public art initiative included the creation and installation of "Bookmark" sculptures in public spaces throughout the City, which sculptures were auctioned to private parties at the end of the program; and WHEREAS, several purchasers of these sculptures wish to donate them to the City for further public display and /or use; and WHEREAS, the public art advisory committee will review any proposed donations and may recommend acceptance of said sculptures as being in the public interest pursuant to the terms of a donation agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council of Iowa City, Iowa finds it is in the public interest to authorize the acceptance of donated "Bookmark" sculptures pursuant to the terms of a donation agreement to enable said sculptures to be displayed or otherwise put to public use. 2. The Mayor is hereby authorized to sign and the City Clerk to attest donation agreements for the acceptance of "Bookmark" sculptures upon the recommendation of the public art advisory committee. Passed and approved this A roved by. City A ney's ffice i/ -30 -// 6th day of December 606!- MAYOR 2011. ATTEST: -C-1TYkQLERK Resolution No. 11 -397 Page 2 It was moved by Champion and seconded by Ra; i Py the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x wpdata/glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright !-1 CITY OF IOWA CITY PUBLIC ART PROGRAM AGREEMENT FOR CITY'S ACCEPTANCE OF DONATION OF "BOOKMARK" SCULPTURE THIS AGREEMENT is made on this day of _ 2011, by and among the City of Iowa City (hereinafter "Owner "), and (hereinafter "Contributor "). WHEREAS, n the recommendation of the Iowa City P blic Art Advisory Committee, Owner desires to acce t as a gift the "Bookmark" sculpture ent- led hereinafter referred to a "Art Work ". NOW, THEREF E, in consideration of the utual promises and undertakings contained herein, the partie agree as follows: 1. Contributor hereby conve all of their right, title an interest in the Art Work to Owner as a donation. Contributor acknow dges that he will n t be compensated by Owner for such donation. 2. Owner intends to install the a work for publi exhibition, but reserves the right to alter the location of the Art Work, relocate a Art Wor and remove the Art Work from public display pursuant to Paragraph 7 below. 3. Risk of Loss. The risk of loss or da ag to the Art Work shall be borne by the Contributor until Owner takes possession of the Art rk. The Contributor shall not be responsible for loss or damage due to vandalism, theft, acci s, or acts of God once the Owner takes possession of the Art Work. 4. Warranties of Title: Contributor re resents nd warrants that, to the best of his knowledge: (a) the Art Work does not infringe on any cop ight; and (b) the Art Work is free and clear of any liens from any source whatev r. 5. Warranties of Quality and ondition: Owner to s the Art Work as is and Contributor warrants that they know of no * herent defects in the A Work and have not committed any act that would materially affect th quality, durability or longev of the Art Work. 6. Copyright Disclosure: Co tributor affirmatively states that hey are not aware of whether the Art Work has been registe d on the Register of Copyrights or otherwise copyrighted. 7. Contributors' Reco ni on. Upon installation or any future relocation of the Art Work, the Owner shall, at its exp nse, prepare and install at the site a plaque identifying the Artist, Contributor, the title of�he Art Work, and the year of completion and shall reasonably maintain such notice to the ext�nt as may be practicable. 8. Maintenance. Excrept as provided for herein, the Owner agrees that it will not intentionally I' damage, alter, modify or change the Art Work without the prig written approval of the Contributor. Owner shall take reasonable steps to assure that` the Art Work is properly maintained and protected. Owner reserves the right to alter/Ile location of the Art Work, relocate the Art Work and remove t e Art Work from public di lay. 9. Permanent Record. Owner's Re resentative shall maintai on permanent file a record of this Agreement and the location and dis osition of the Art Wo 10. Entire Agreement. This writing mbodies the entire agreement and understanding between the parties hereto, and there are no other agreemen and understandings, oral or written, with reference to the subject matter here that are not erged herein and superseded hereby. Co tributor 1� -�P�� -1C�ZC Owner Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk by: City Attorney's Office CITY OF IOWA CITY PUBLIC ART PROGRAM AGREEMENT FOR CITY'S ACCEPTANCE OF DONATION OF "BOOKMARK" SCULPTURE THIS AGREEMENT is made on this th day of December, 2011, by and among the City of Iowa City (hereinafter "Owner "), and Susan K Craig (hereinafter "C ntributor "). WHEREAS, on the recommendation of the Iowa City Pu is Art Advisory Committee, Owner desires to accept as a gift the "Bookmark" sculpture entitled Windows & Worlds, hereinafter referred to as "Art rk ". NOW, THEREFORE, i consideration of the rn tual promises and undertakings contained herein, the parties agre as follows: 1. Contributor hereby conveys all o their right, title an� interest in the Art Work to Owner as a donation. Contributor acknowledge that he will n t be compensated by Owner for such donation. / 2. Owner intends to install the artwork \for publicJexhibition, but reserves the right to alter the location of the Art Work, relocate the AV Word( and remove the Art Work from public display pursuant to Paragraph 7 below. f 3. Risk of Loss. The risk of loss or damag to the Art Work shall be borne by the Contributor until Owner takes possession of the Art Wbr . The Contributor shall not be responsible for loss or damage due to vandalism, theft, accidents, or acts of God once the Owner takes possession of the Art Work. 4. Warranties of Title: Contributor represents a d warrants that, to the best of his knowledge: (a) the Art Work does not infringe �Pon any copy 'ght; and (b) the Art Work is free and clear of any liens from any source whatever. f f 5. Warranties of Quality a_nd !;�o ndition: Owner t es the Art Work as is and Contributor warrants that they know of no i herent defects in the rt Work and have not committed any act that would materially affect the°'quality, durability or long vity of the Art Work. 6. Copyright Disclosure: Contributor affirmatively states t at they are not aware of whether the r Art Work has been registered on the Register of Copyrights r otherwise copyrighted. 7. Contributors' Recognition'. Upon installation or any futur relocation of the Art Work, the Owner shall, at its expenpe, prepare and install at the site 'a, plaque identifying the Artist, Contributor, the title of the Art Work, and the year of completion and shall reasonably maintain such notice to the extent as may be practicable. 8. Maintenance. Except as provided for herein, the Owner agrees that it will not intentionally damage, alter, modify or change the Art Work without the prior written approval of the 6 Contributor. Owner shall take reasonable steps to assure that the Art Work is properly maintained and protected. Owner reserves the right to alter the location of the Art Work, relocate the Art Work and remove the Art Work from public display. 9. Permanent Record. Owner's Representative shall maintain on /dunderstanding file a record of this Agreement and the location and dispositio of the Art Work. 10. Entire Agreement. This writing embo ies the entire agreeme between the parties hereto, and there are no oth r agreements and unde oral or written, with reference to the subject matter hereof th t are not merged he in and superseded hereby. Contributor Ow Susan K Craig `J / Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk by: City Attorney's Office CITY OF IOWA CITY PUBLIC ART PROGRAM AGREEMENT FOR CITY'S ACCEPTANCE OF DONATION OF `BOOKMARK" SCULPTURE THIS AGREEMENT is made on this th day of /entitleld 11, by and among the City of Iowa City (hereinafter "Owner"), and Iowa City /C Convention & Visitors Bureau (hereinafter "Contributor'). WHEREAS, on the recom endation of the Iowa rt Advisory Committee, Owner desires to accept as a gift he "Bookmark" sculpt erary Life in Iowa City, herei nafter referred to as "Art Wo NOW, THEREFORE, in contained herein, the parties agree as follows: 1. Contributor hereby conveys all of th Ir right, donation. Contributor acknowledges tat hey donation. of J& mutual promises and undertakings le and interest in the Art Work to Owner as a II not be compensated by Owner for such 2. Owner intends to install the artwork f public exhibition, but reserves the right to alter the location of the Art Work, relocate the Work and remove the Art Work from public display pursuant to Paragraph 7 below. 3. Risk of Loss. The risk of loss or amag to the Art Work shall be borne by the Contributor until Owner takes possession of t Art Wor The Contributor shall not be responsible for loss or damage due to vandalism, tht, accidents, r acts of God once the Owner takes possession of the Art Work. / 4. Warranties of Title: Contri� utor represents a d warrants that, to the best of his knowledge: (a) the Art Work does not i ringe upon any copy 'ght; and (b) the Art Work is free and clear of any liens from any source ha ever. 5. Warranties of Qualit and Condition: Owner t kes the Art Work as is and Contributor warrants that they kno`4of no inherent defects in the rt Work and have not committed any act that would materially fect the quality, durability or Ion evity of the Art Work. 6. Copyright Disclos re: Contributor affirmatively states that they are not aware of whether the Art Work has been egistered on the Register of Copyrigh s or otherwise copyrighted. 7. Contributors' R gnition. Upon installation or any future relocation of the Art Work, the Owner shall, at its expense, prepare and install at the site a plaque identifying the Artist, Contributor, the title of the Art Work, and the year of completion and shall reasonably maintain such notice to the extent as may be practicable. 8. Maintenance. Except as provided for herein, the Owner agrees that it will not intentionally 2 damage, alter, modify or change the Art Work without the prior written approval of the Contributor. Owner shall take reasonable steps to assure that the Art Work is properly maintained and protected. Owner reserves the right to alter the location of the Art Work, relocate the Art Work and remove the Art Work from public disp/aunderstanding 9. Permanent Record. Owner's Representative shall maintain ole a record of this Agreement and the location and disposition of the Art Work. 90, Entire Agreement. This writing bodies the entire agreem between the parties hereto, and there are no ther agreements and endral or written, with reference to the subject matter hereof at are not merged herei ded hereby. C :, Owner Vua Schamberger, President ; Iv tthew J. Hayek, Mayor Iowa City /Coralville Area Convention & Visitors Bureau Attest: Marian K. Karr, City Clerk by: City Attorney's Office CITY OF IOWA CITY PUBLIC ART PROGRAM AGREEMENT FOR CITY'S ACCEPTANCE OF DONATION OF "BOOKMARK" SCULPTURE THIS AGREEMENT is made on this day of , 2011, by and among the City of Iowa City (hereinafter "Owner "), and Thomas M. Markus (hereinafter "Contributor "). WHEREAS, on the recommendation of the Iowa City qublic Art Advisory Committee, Owner desires to accept as a gi the "Bookmark" sculpture titled Literary Life in Iowa City hereinafter referred to as "Art Wor '. NOW, THEREFORE, in c nsideration of the tual promises and undertakings contained herein, the parties agree a follows: 1. Contributor hereby conveys all of th it right, title and interest in the Art Work to Owner as a donation. Contributor acknowledges t at he will n be compensated by Owner for such donation. 2. Owner intends to install the artwork f public exhibition, but reserves the right to alter the location of the Art Work, relocate the Art or and remove the Art Work from public display pursuant to Paragraph 7 below. 3. Risk of Loss. The risk of loss or damag to the Art Work shall be borne by the Contributor until Owner takes possession of the Art ork. The Contributor shall not be responsible for loss or damage due to vandalism, theft, acci ents, r acts of God once the Owner takes possession of the Art Work. 4. Warranties of Title: Contributor r presents an warrants that, to the best of his knowledge: (a) the Art Work does not infringe ;upon any copyr ht; and (b) the Art Work is free and clear of any liens from any source whate er. 5. Warranties of Quality and Condition: Owner t es the Art Work as is and Contributor warrants that they know of n inherent defects in the rt Work and have not committed any act that would materially affect a quality, durability or long vity of the Art Work. 6. Copyright Disclosure: C ntributor affirmatively states at they are not aware of whether the Art Work has been regist red on the Register of Copyright or otherwise copyrighted. 7. Contributors' Reco ition. Upon installation or any fut a relocation of the Art Work, the Owner shall, at its eipense, prepare and install at the sit a plaque identifying the Artist, Contributor, the title of the Art Work, and the year of completi and shall reasonably maintain such notice to the extent as may be practicable. 8. Maintenance. Except as provided for herein, the Owner agree that it will not intentionally damage, alter, modify or change the Art Work without the prio \written approval of the 2 Contributor. Owner shall take reasonable steps to assure that the Art Work is properly maintained and protected. Owner reserves the right to alter the location of the Art Work, relocate the Art Work and remove the Art Work from public display. 9. Permanent Record. Owner's Representative shall maintain on permanent file a record of this Agreement and the location and disposition of the Art Work. 10. Entire Agreement. This writing embodies the entire agreement and understandin etween the parties hereto, and there are no other agreements and understandings, oral r written, with reference to the subject matter hereof that are not merged herein and super ded hereby. Owner J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Approve2 by: i City Attorney's Office ®�r CITY OF IOWA CITY - �MEMORANDU M Dat e: November 30, 2011 To: Tom Markus, City Manager From: Adam Bentley, Administrative Assistant to the City Managerx__ L� Re: Lobbyist Evaluation Final Report- Recommendation Introduction: From time to time, the City of Iowa City depends on lobbying to assist the City in defining an issue and lobbying our state legislature, governor's office, and the administrative departments of the State. To date, lobbying efforts have been through our elected officials, administrative staff, and our affiliate organizations (i.e. The Metro Coalition and the Iowa League of Cities; both of which retain the services of lobbyists). Background: In August 2011, the City Manager proposed the hiring of a City lobbyist to facilitate communication between the City of Iowa City and facets of state government. Receiving a positive confirmation from Council to pursue a City lobbyist, staff developed a Request for Proposal (RFP) that was sent to various firms and contacts (including a press release) on October 3, 2011. On November 7, 2011, seven RFPs were submitted to the City's purchasing agent for review of the evaluation committee. The evaluation committee, consisting of four staff personnel and two council members, met on November 22, 2011 to review the evaluations and decide which candidates moved forward for interviews. Based on a 100 point scoring system, three candidates were chosen to proceed for interviews. Interviews were held on November 29, 2011. Evaluation committee members present for interviews re- evaluated the three candidates based on the interview process and forwarded two candidates for the City Manager's consideration. The evaluation committee members included: 1. Regenia Baily- Council Member 2. Susan Mims- Council Member 3. Dale Helling- Assistant City Manager 4. Eleanor Dilkes- City Attorney 5. Marian Karr -City Clerk 6. Jeff Davidson - Director of Planning and Community Development 7. Adam Bentley- Administrative Assistant to the City Manager (Staff Support) Discussion of Solutions: Seven RFPs were submitted to the evaluation committee for review and scoring. The scoring was based on the following categories and weighted point totals: 1. Firm's resume, experience, qualifications, personnel (30pts); 2. References, proven success of plans designed for other clients (25pts); 3. Firms work plan and work schedule (25pts); and 4. Pricing (20pts). November 30, 2011 Page 2 Each evaluation committee member was asked to score each candidate's RFP and return the evaluations to the purchasing agent for averaging. In order to be considered for the award, candidates had to achieve an 80 point minimum threshold. Two phases of grading were used to achieve the final scores. The first phase was the initial grading to select finalists. The final phase of grading occurred after the interviews and utilized the phase one grade as a base for modification. The candidates meeting the 80 point threshold are provided below: 1. Fultz McHenry Consulting: 88 2. Davis Brown Law Firm: 87.75 It was expected that the candidates applying would also be able to achieve a maximum price point per year in compensation. The compensation amount was not to exceed $30,000 per year. Below are the price points provided by the qualifying candidates: 1. Fultz McHenry Consulting: $30,000 annually 2. Davis Brown Law Firm: $25,200 annually. The evaluation committee concluded that both candidates would perform to the expectations of the City of Iowa City. It was also noted that both candidates offer a unique methodology of service to the City. Fultz McHenry Consulting, a single person operation, offers a unique and modern business model. The Davis Brown Law Firm, a multi- faceted operation, offers a traditional model with experience in local government issues. When determining how successful a candidate may be with the City, certain issues were discussed at the committee level: 1. Which candidate had the experience that would best fit with Iowa City's legislative agenda? 2. Which candidate had the experience that would best convey the City's issues with the State? 3. Which candidate had the ability to respond to Iowa City's needs at any point during the contractual period? 4. Which candidate would best match with the City's management and administrative staff? 5. Which candidate has a proven ability to work with clients (in particular local government) to achieve legislative goals? 6. Which candidate best understands Iowa City's specific set of circumstances? 7. Which candidate had the most reliable expressed work plan that accounted for conflicts of interest, personal /sick time, and plans to achieve results? Committee Recommendation: As the points suggest, the evaluation committee recommends either candidate for the lobbyist position with the City. The evaluation committee believes that either would perform their services to the best of their abilities and that those abilities would meet or exceed Iowa City's expectations. Both candidates have strong recommendations and are well qualified to serve the City. Staff Recommendation: While both candidates offer the City exceptional services, management staff recommends the Davis - Brown Law Firm (the Firm) for the below reasons: 1. The Firm has experience working on local government issues and has a strong background with local government administration and policy concerns. 2. The Firm has the best working knowledge of issues facing Iowa City including tax increment financing and rail access. November 30, 2011 Page 3 3. The Firm has committed to working with management, prior to the legislative session, to develop an internal structure for communication between the City and the firm and spend time assisting with building a comprehensive strategy around advocating for City issues. 4. While Iowa City will not be the Firm's only client, the Firm has the resources and staff to best mitigate conflicts of interest and ensure continual services to Iowa City during the contractual period. 5. The Firm expressed that Iowa City will be a priority during the legislative session and has the capacity to ensure attention to matters pertaining to Iowa City. 6. The Firm has estimated a lower cost than the $30,000 price point. 7. The Firm has the organizational management experience and structure to offer the best likelihood for legislative success and working with Iowa City as not only a new client but also a first time lobbying client It is recommend that the City of Iowa City enter into a contract with the Davis -Brown Law Firm and begin the process of developing a legislative strategy for the 2012 legislative session. Mk Prepared by: Eleanor Dilkes, City Attorney, 410 Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -398 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 DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P.C. TO PROVIDE LOBBYING SERVICES. WHEREAS, the City Council believes it is in the best interests of the City of Iowa City to retain the services of a lobbyist to represent the interests of the City; WHEREAS, after seeking and evaluating proposals the City Manager recommends that the City enter into a contract for lobbying services with Davis, Brown, Koehn, Shors & Roberts, P.C.; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Agreement for Professional Services attached hereto is in the public interest, and is approved. 2. The Mayor and the City Clerk are hereby authorized and directed to execute the attached Agreement for Professional Services. 3. Funds for this contract are available in the City Manager's Office (412100) account #432060 Passed and approved this 6th day of December , 2011. A13R A -�6 MAYOR f 'A Approvdd-�by,� / ATTEST: ,films - -`, JAI CITY RK City Attorney's Offic f- Resolution No. 11 -398 Page 2 It was moved by Mims and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: X X x x x x x wpdata /glossary/resolution- ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright AGREEMENT FOR PROFESSIONAL SERVICES fi This Agreement for Professional Services ( "Agreement ") is made this % day of December, 2011 between Davis, Brown, Koehn, Shors & Roberts ( "Consultant "), having an office at 215 10th Street, Suite 1300, Des Moines, IA 50309 and the City of Iowa City, IA ( "Client ") having an office at 410 E. Washington St, Iowa City, IA 52240. In consideration of the mutual promises set forth herein, Client and Consultant agree as follows: 1. CONSULTANT'S SERVICES A. Consultant shall perform the professional services ( "Services ") more fully described in Exhibit A attached hereto and by this reference incorporated herein. Consultant shall furnish all labor, materials and supervision necessary to perform the Services. B. The Consultants shall not commit any of the following employment practices and agree 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. C. It is further agreed that no party to this Agreement, including their employees, representatives, subcontractors or agents, shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City. D. Consultant agrees to specifically assign the agreed upon professional services to Jessica Harder who shall be the primary lobbyist, and who may utilize personnel qualified and /or suitable to perform the Services. Each person assigned to perform any part of Consultant's obligations hereunder shall be qualified and, if required by law, licensed or certified to perform such obligations. 2. COMPENSATION Client shall compensate Consultant for Services rendered in such amounts as described in Exhibit B. 3. INVOICES AND PAYMENTS A. Not more frequently than once a month Consultant shall invoice Client for its fee. Agreement for Professional Services Page 2 B. Client shall pay each invoice within thirty (30) days of receipt. However, if Client objects to all or any portion of any invoice, Client shall so notify Consultant within fifteen (15) days from receipt, give reasons for the objection, and pay that portion of the invoice not in dispute within thirty (30) days of receipt of the invoice. Unless otherwise directed in writing, all invoices shall be submitted for payment to the following address: City of Iowa City, Iowa Attn: Thomas Markus City Manager 410 E. Washington St. Iowa City, IA 52240 4. INDEPENDENT CONSULTANT STATUS AND SUBCONTRACTORS Consultant will act solely as an independent contractor in performing the Services, and nothing herein will at any time be construed to create the relationship of employer and employee, principal and agent, partners, or joint venturers between Client and Consultant, or Client's and Consultant's officers, directors, partners, elected officials, managers, employees or agents. Consultant shall be solely responsible for the compensations, benefits, worker's compensation, contributions, withholdings and taxes, if any, of its employees, subcontractors and agents. 5. INDEMNIFICATION, INSURANCE AND THIRD PARTY BENEFICIARIES A. Consultant shall indemnify, defend and hold Client harmless from any and all claims, demands, causes of action, losses, damages, fines, penalties, liabilities, costs and expenses, including reasonable attorney's fees and court costs, sustained or incurred by or asserted against Client or Client's officers, directors, partners, elected officials, managers, employees or agents, in the capacity of a defendant or witness, by reason of or arising out of Consultant's breach of this Agreement or Consultant's negligence, gross negligence or willful misconduct with respect to Consultant's duties and activities within the scope of this Agreement. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance cover the Consultant's liability for the Consultant's negligent acts, errors or omissions to the City in the sum of $1,000,000. B. This Agreement shall not be construed to create a duty or liability to any party who is not a signatory party to this agreement, it being the intention of the parties hereto that their duties and obligations are to each other and not for the benefit of or for third party beneficiaries. Agreement for Professional Services Page 3 6. CONFIDENTIALITY Consultant shall treat as confidential property and not disclose to others during or subsequent to the term of this Agreement, except as necessary to perform this Agreement (and then only on a confidential basis satisfactory to both parties), any information and documents (including without limitation any environmental information, reports, data, or financial information) which may be delivered to Consultant by Client. Nothing above, however, shall prevent Consultant from disclosing to others or using in any manner information that Consultant can demonstrate: A. Has been published and has become part of the public domain other than by acts, omissions or fault of Consultant, their employees, agents, contractors and /or consultants; or, B. Has been furnished or made known to Consultant by a third party (other than those acting directly or indirectly for or on behalf of Consultant or Client) as a matter of legal right without restrictions on its disclosure; or, C. Was in Consultant's possession prior to the date of this agreement and /or prior to the date of disclosure thereof by Client. D. Must be disclosed pursuant to any statute, law, regulation, ordinance, order or decree of any governmental authority having jurisdiction over Consultant or any of its employees, agents, contractors and /or consultants. The foregoing obligations in this Section 6 shall survive for a period of one (1) year from the mutual execution of this Agreement. Agreement for Professional Services Page 4 7. TERM AND TERIVIINATION OF AGREEMENT Unless otherwise earlier terminated pursuant to this contract, this Agreement shall remain in full force and effect for one (1) year following the date of its execution by the City. Termination of this Agreement shall discharge only those obligations that are executory by either party on and after the effective date of termination. Any right or duty of a party based on either performance or a breach of this Agreement, prior to the effective date of termination, shall survive. A. Client reserves the right to terminate this Agreement at any time, with or without cause, upon delivery of written notice to Consultant, even though Consultant is not in default. If Client terminates this Agreement pursuant to this paragraph, Client shall compensate Consultant, at the monthly rate contained in Exhibit B, for all monthly periods completed by Consultant, and any subsequent monthly period in which Consultant has performed services for client, up to and including the month of termination. B. Consultant shall have the right to terminate its obligations pursuant to this Agreement if one of the following conditions exists and it has not been remedied or cured within thirty (30) days of Client's receipt of written notice of such condition: A substantial breach of any material obligation of client under this Agreement; or ii. If Consultant is unable for any reason beyond its control to perform its obligations pursuant to this Agreement in a safe, lawful and professional manner. It is expressly understood that license and /or registration requirements are within the control of Consultant. Upon Consultants termination of its obligations, Client shall pay all actual expenses and charges as of the date of termination, which charges and expenses shall not continue to accrue after Client receives Consultant's notice of termination. In no event will said expenses and charges exceed the not -to- exceed figures included in Exhibit B. C. The termination of this Agreement under the provisions of this Article 7 shall not affect the rights of either party with respect to any damages it has suffered as a result of any breach of this Agreement, nor shall it affect the rights or obligations of either party with respect to liability or claims accrued, or arising out of events occurring or conditions existing, prior to the date of termination, all of which shall survive such termination. Agreement for Professional Services Page 5 8. WAIVER A Waiver on the part of the Client or Consultant of any term, provision or condition of this Agreement shall not constitute a precedent or bind either Party to a waiver of any succeeding breach of the same or any other term, provision or condition of this Agreement. 9. ENTIRE AGREEMENT This Agreement, including any Exhibits, the Request For Proposal, and Consultant Proposal, constitute the entire Agreement between Consultant and Client. In the event of conflict between these documents, this Agreement shall prevail. These documents supersede all prior or contemporaneous communications, representations or agreements, whether oral or written, relating to the Services set forth in this Agreement. This Agreement may be amended only by a written instrument signed by both parties. The captions in this Agreement are for convenience in identification of the several provisions and shall not constitute a part of this Agreement nor be considered interpretative thereof. 10. ASSIGNMENT This Agreement shall be binding upon the successors or assigns of the parties hereto. However, this Agreement shall not be assigned by either party without first obtaining the written consent of the other. 11. SEVERABILITY Every paragraph, part, term or provision of this Agreement is severable from the others. If any paragraph, part, term or provision of this Agreement is construed or held to be void, invalid or unenforceable by order, decree or judgment of a court of competent jurisdiction, the remaining paragraphs, parts, terms and provisions of this Agreement shall not be affected thereby but shall remain in full force and effect. 12. NOTICES Any information or notices required to be given in writing under this Agreement shall be deemed to have been sufficiently given if delivered either personally or by certified mail (return receipt requested, postage prepaid), to the address of the respective party set forth below, or to such other address for either party as that party may designate by written notice. Agreement for Professional Services Page 6 For the Client: Thomas Markus City Manager City of Iowa City 410 E. Washington St. Iowa City, IA 52240 13. GENERAL TERMS For the Consultant: Davis, Brown, Koehn, Shors & Roberts, P.C. Attn: Jessica Harder, Thomas Stanberry 215— 10th Street, Suite 1300 Des Moines, IA 50309 The Consultants agree to furnish, upon termination of this Agreement and upon demand by the City, without cost, copies of all data prepared or obtained by the Consultants pursuant to this Agreement, without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultants shall not be liable for the City's use of such documents on other projects. Upon signing this agreement, Consultants 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 Iowa Code Section 362.5 14. GOVERNING LAW This Agreement shall be governed and interpreted pursuant to the laws of the State of Iowa. IN WITNESS WHEREOF, the Client and Consultant have caused this Agreement to be executed by their duly authorized representatives, as follows: CLI P1114 City of I By: _ Attest: City Att, V1NC7TT .T A NT- P.C. EXHIBIT A CITY OF IOWA CITY, IA LOBBYING SERVICES SCOPE OF SERVICES: Working in consultation with the City Manager and/or his designee, the following are areas of responsibility of Consultant: 1. Development and maintenance of relationships with members of the Iowa legislature, legislative leadership, and the executive branch to effectively represent the interests of the City of Iowa City; 2. Provide assistance in policy development and in the preparation of a government relations plan to support the City of Iowa City's legislative interests; 3. Monitor State legislative and regulatory issues with potential impact to the City of Iowa City. Attend all appropriate committee hearings, rules meetings, legislative functions and other events to promote the interests of the City of Iowa City; 4. Meet with legislators, .executive branch, and other stakeholder lobbyists to discuss weaknesses or merits of specific bills and to influence passage, defeat, amendments, or introduction of legislation favorable to the City of Iowa City's interests; 5. Regularly communicate with the City of Iowa City concerning current and potential legislation, regulations, and related issues that could have an impact on the city. Including regular updates on legislative activities during the legislative session as arranged with the City Manager and a weekly written update on legislative actions and impacts; 6. Attend City Council meetings quarterly. In addition, participate in staff meetings as needed and requested by the City Manager; 7. Outreach, coordination, and collaboration with individuals and groups that have interests similar to the City of Iowa City including but not limited to the Iowa City Area Chamber of Commerce, the Metropolitan Coalition, and the Iowa League of Cities; 8. Develop with the City Manager and his staff appropriate grassroots messages that reflect the City of Iowa City's concerns regarding legislative proposals. These written messages can then be used to influence leaders to move the City's legislative agenda; 9. Plan and coordinate meetings between the City of Iowa City, legislators, and the executive branch, including State of Iowa Departments, to discuss legislative issues and proposals; 10. During the time the legislature is not in session, provide reports on issues of interest or concern to the City of Iowa City including, but not limited to, action taken at interim committee meetings, rulemaking hearings, status of task forces, and proposed legislation and regulations; 11. Obtain and provide data pertaining to matters of interest to the City of Iowa City; 12. Develop, in cooperation with the City Manager's staff and subject to his and the City Council's approval, an annual strategic work plan identifying from the list of City infrastructure needs those capital projects that can be best positioned for State funding support. 13. Provide such other lobbyist duties as are determined to be in the interests of the City Council and as communicated to the Lobbyist by the City Manager. Exhibit B Compensation The submitted pricing must include all of the costs required to perform the tasks to complete the project in full. These costs include, but are not limited to, labor, materials, equipment, travel (lodging and transportation), etc. Proposer shall submit one monthly lump sum fee which shall be fully inclusive, and which shall be the exclusive sum provided by the City to Proposer. This fee shall be paid upon invoicing after the completion of each month. Fixed, fully inclusive, lump sum fee for Professional Services for each month of service: ZS Z> 16' ° PER MONTH , Z ao Dollars $ AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services ( "Agreement ") is made this day of October, 2011 between ( "Consultant "), having an office at and the City of Iowa City/andn IA ( "Client ") having an office at 410 E. Washington St, Iowa City, IA 52240. In consideration of the mutual promises set forth herein, Cltant agree as follows: 1. CONSULTANT SERVICES A. Consultant shall perfo the professional services ( "Sely described in Exhibit A attached hereto and by this reference incoronsultant shall furnish all labor, materials and supervision necessary tices. B. The Consultants shall not ommit any of the f6�rowing employment practices and agree to prohibit the followingTractices in any su)dcontracts. 1. To discharge or refuse to hir any indivi fal because of their race, color, religion, sex, national origin, disabilit ,age, arital status, gender identity, or sexual orientation. 2. To discriminate against any indj lkival in terms, conditions, or privileges of employment because of their ra e, co�pr, religion, sex, national origin, disability, age, marital status, gender ide rty, or sexual orientation. C. It is further agreed that no part to this Agreem t, including their employees, representatives, subcontracto or agents, shall pe form contrary to any state, federal, or local law or any of the o inances of the City o owa City. D. Consultant agrees to ecifically assign the agreed upon professional services to Jessica Harder who all be the primary lobbyist, a d who may utilize personnel qualified and/or Sul le to perform the Services. Eacl► person assigned to perform any part of Cons ant's obligations hereunder shall be �laalified and, if required by law, licensed or rtified to perform such obligations. \ 2. i Client shall con pensate Consultant for Services rendered in such a unts as described in Exhibit B. 3. i INVOICES AND PAYMENTS A. Not more frequently than once a month Consultant shall invoice Client for its fee. Agreement for Professional Services Page 2 4. B. Client shall pay each invoice within thirty (30) days of receipt. However, if Client objects to all or any portion of any invoice, Client shall so notify Consultant within fifteen (15) days from receipt, give reasons for the objection, and pay that portion of the invoice not in dispute within thirty (30) days of receipt of the invoice. Unless otherwise directed in ritmg, all invoices shall be submitted for payment to the following address: City`pf Iowa City, Iowa Attn:'Thomas Markus City Manager 410 E. Washington St. Iowa Cit} -, IA 52240 Consultant will act solely as an kd, and nothing herein will at any employer and employee, principal Client and Consultant, or Client's elected officials, managers, empli responsible for the compensations withholdings and taxes, if any, q its IW. enticontractor in performing the Services, construed to create the relationship of gent, partners, or joint venturers between Consultant's officers, directors, partners, or agents. Consultant shall be solely its, worker's compensation, contributions, Joyees, subcontractors and agents. BENEFICIARIES A. Consultant shag indemnify, defend an old Client harmless from any and all claims, d ands, causes of action, sses, damages, fines, penalties, liabilities, c sts and expenses, including easonable attorney's fees and court cost , sustained or incurred by or ass rted against Client or Client's officers, directors, partners, elected official, managers, employees or a/acts, ents n the capacity of a defendant or witness by reason of or arising out sultant's breach of this Agreement or Con vltant's negligence, gross nce or willful misconduct with respect to `Consultant's duties and es within the scope of this Agreement. The Consultant agrees at all aterial to this Agreement to have and maintairi�professional liability ce cover the Consultant's liability for the Co sultant's negligent rors or omissions to the City in the sum of $1,000, 00. This Agreement shall not be construed to create a duty or iability to any party who is not a signatory party to this agreement, it bein the intention of the parties hereto that their duties and obligations are to ea h other and not for the benefit of or for third party beneficiaries. Agreement for Professional Services Page 3 6. CONFIDENTU Consultant shal treat as confidential property and not subsequent to th term of this Agreement, except as Agreement (and th n only on a confidential basis satisl information and d cuments (including without lim information, reports, data, or financial information) } Consultant by Client. Nothing above, howeve shall prevent using in any manner in ation that Con: A. Has been published d has becoi by acts, omissions o fault of contractors and /or consu ants; or/ !to others during or sary to perform this to both parties), any any environmental may be delivered to #t from disclosing to others or can demonstrate: I art of the public domain other than )nsultant, their employees, agents, B. Has been furniAlosure ma own to Consultant by a third party (other than those actitly o indirectly for or on behalf of Consultant or Client) as a maal ig without restrictions on its disclosure; or, C. Was in Consulsession rior to the date of this agreement and /or prior to the date osure ther of by Client. D. Must be disclosant to any s tute, law, regulation, ordinance, order or decree of overnmental authority having jurisdiction over Consultant or a employees, a nts, contractors and /or consultants. The foregoing obli tions in this Section 6 shall survive for a period of one (1) year from the mut 1 execution of this Agreement, Agreement for Professional Services Page 4 7. TERM AND TERMINATION OF AGREEMENT Unless otherwis earlier terminated pursuant to this contract, this A Bement shall remain in full fo e and effect for one (1) year following the date f its execution by the City. Te 'nation of this Agreement shall discharge only hose obligations that are executory either party on and after the effective ate of termination. Any right or duty o a party based on either performanc or a breach of this Agreement, prior to th effective date of termination, shall rvive. A. Client reserves t right to terminate this Agr7inent at any time, with or without cause, up delivery of written notic to Consultant, even though Consultant is not in default. If Client term' ates this Agreement pursuant to this paragraph, C 'ent shall compensat Consultant, at the monthly rate contained in Exhibit , for all monthly eriods completed by Consultant, and any subsequent m nthly period ' which Consultant has performed services for client, up to nd includi the month of termination. B. Consultant shall have the r ht t terminate its obligations pursuant to this Agreement if one of the fo o ing conditions exists and it has not been remedied or cured within t ' y (30) days of Client's receipt of written notice of such condition: i. A substantial br ch of a \arewit ial obligation of client under this Agreement/ions or ii. If Con unable foson beyond its control to perform its oblpursuant Agreement in a safe, lawful and profesnner. It sly understood that license and /or registr uirements in the control of Consultant. Up Consultants termination of it obligations, Client shall pay all ac al expenses and charges as of e date of termination, which �fiarFes and expenses shall not co tinue to accrue after Client receives Consultant's notice of term in tion. In no event will said expenses and charges exceed the not -t exceed figures included in Exhibit B. C. he termination of this Agreement under the pro isions of this Article 7 all not affect the rights of either party with respec to any damages it has suffered as a result of any breach of this Agreement, nor shall it affect the rights or obligations of either party with respect t6 liability or claims accrued, or arising out of events occurring or condition existing, prior to the date of termination, all of which shall survive such teriination. Agreement for Professional Services Page 5 8. WAIVER A Waiver on the part condition of this Agrees a waiver of any succee condition of this Agreer 9. ENTIRE AGREEMENT 10. 11. the Client or Consultant of any term, provision or shall not constitute a precedent or bind either Party to breach of the same or any other tyrm, provision or This Agreement, including any xhibits, the Request For roposal, and Consultant Proposal, constitute the entire A reement between Co sultant and Client. In the event of conflict between these cuments, this Agr ement shall prevail. These documents supersede all pri r or cc representations or agreements, whet er oral or forth in this Agreement. This Agr ment rr instrument signed by both parties. The cc convenience in identification of the se eral part of this Agreement nor be considered ' t rI ASSIGNMENT oraneous communications, en, relating to the Services set be amended only by a written >ns in this Agreement are for sions and shall not constitute a [tive thereof This Agreement shall be binding up n the ccessors or assigns of the parties hereto. However, this Agreement all not b assigned by either party without first obtaining the written consent the other. SE VERABILITY Every paragraph, part, term r provision of this Agr ment is severable from the others. If any paragraph, p rt, term or provision of thi Agreement is construed or held to be void, invalid or nenforceable by order, decre or judgment of a court of competent jurisdiction, a remaining paragraphs, parts, ern and provisions of this Agreement shall of be affected thereby but shall re ain in full force and effect. 12. NOTICES Any informati n or notices required to be given in writing unde this Agreement shall be dee ed to have been sufficiently given if delivered either rsonally or by certified m it (return receipt requested, postage prepaid), to the dress of the respectiv party set forth below, or to such other address for either arty as that party m designate by written notice. Agreement for Professional Services Page 6 For the Client: For the Consultant: Thomas Markus Davis, Brown, Koehn, Shor & Roberts, P.C. City Manager Attn: Jessica Harder City of Iowa City r 215 — 10`h Street, Suite 1 00 410 E. Washington St. I Des Moines, IA 5030 Iowa City, IA 52240 13. GENERAL TERMS The Consultants agree tofu 'sh, upon termin tion of this Agreement and upon demand by the City, without c st, copies of 1 data prepared or obtained by the Consultants pursuant to this A eement, wi out restrictions or limitation as to the use relative to specific projects overed u er this Agreement. In such event, the Consultants shall not be liable fib the Cit 's use of such documents on other projects. Upon signing this agreement, Cons 1 ants acknowledged that Section 362.5 of the Iowa Code prohibits a City officer employee from having an interest in a contract with the City, and certifie t t no employee or officer of the City, which includes members of the City Co ncil nd City boards and commissions, has an interest either direct or indirect, n this reement, that does not fall within the exceptions to said statutory pr ision en merated in Iowa Code Section 362.5 14. GOVERNING LAW This Agreement shall be verned and interp ted pursuant to the laws of the State of Iowa. IN WITNESS Agreement to be CLIENT: City of Iowa City By: Attest: 4:h_ew �� rian K.1< City Mtomey Office: :OF, the Client ank Consultant have caused this by their duly authorize representatives, as follows: CONSULT! Davis, Brown, By: ayor Name: / Title: /Z -I -/] Shors & Roberts, P.C. EXHIBIT A CITY OF IOWA CITY, IA LOBBYING SERVICES SCOPE OF SERVICES: Working in consultation with the City Man g responsibility of Consultant: 1. Development and maintenance of rela legislative leadership, and the executiv the City of Iowa City; 2. Provide assistance in policy developm relations plan to support the City of Iowa 3. Monitor State legislative and regulatory City. Attend all appropriate committee h other events to promote the interests of r and/or /effectively ignee, the following are areas of nships embers of the Iowa legislature, branch t represent the interests of d in the preparation of a government legislative interests; with potential impact to the City of Iowa rules meetings, legislative functions and of Iowa City; 4. Meet with legislators, executive br nch, a d other stakeholder lobbyists to discuss weaknesses or merits of specific bi sand to ' nfluence passage, defeat, amendments, or introduction of legislation fa/rlated to the Ci of Iowa City's interests; 5. Regularly communicate wiity of Iow City concerning current and potential legislation, regulations, an issues th t could have an impact on the city. Including regular updates slative active ies during the legislative session as arranged with the City Man d a weekly 'tten update on legislative actions and impacts; 6. Attend City Council me rags quarterly. In addi needed and requested b the City Manager; 7. Outreach, coordinatio , and collaboration with individt similar to the City of owa City including but not limite of Commerce, the tropolitan Coalition, and the Iowa 8. Develop with the ity Manager and his staff appropriate the City of Iowa ity's concerns regarding legislative pr( can then be use4 to influence leaders to move the City's 1 participate in staff meetings as s and groups that have interests to the Iowa City Area Chamber pague of Cities; roots messages that reflect s. These written messages tive agenda; 9. Plan and co rdinate meetings between the City of Iowa ity, legislators, and the executive b nch, including State of Iowa Departments, to disc ss legislative issues and 10. During the time the legislature is not in session, provide reports o issues of interest or concern to the City of Iowa City including, but not limited to, actin taken at interim committee meetings, rulemaking hearings, status of task forces, and pf7sed legislation and regulations; 11. Obtain and provide data pertaining to matters of interest to the City of Iowa City; 12. Develop, in cooperation with the City Manager's staff and subject to his and the City Council's approval, an annual strategic work plan identify' g from the list of City infrastructure needs those capital projects that can be be ositioned for State funding support. 13. Provide such other lobbyist duties as are determined o be in the interests of the City Council and as communicated to the L bbyist by the gity Manager. Exhibit B Compensation The submitted pricing must include al of the costs requirpd to perform the tasks to complete the project in full. These costs include, lipt are not limite to, labor, materials, equipment, travel (lodging and transportation), etc. Proposer shall subm' one monthly lump sum fee which shall be fully inclusive, and which shall be the exclusive s m provided by the City to Proposer. This fee shall be paid upon invoicing after the 4ompleti# of each month. Fixed, fully inclusive, lump sum fee for Prot'e�ional Services for each month of service: PER MONTH M� 19 z Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5041 RESOLUTION NO. 11 -399 RESOLUTION ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2012 FOR THE CITY ATTORNEY AND CITY CLERK. WHEREAS, the City of Iowa City, Iowa, employs the City Attorney and City Clerk subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salary compensation for the said unclassified personnel; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following compensation is hereby established effective July 1, 2011: Salary: City Attorney - $79,035.84 (60% FTE) City Clerk - $101,899.20 Passed and approved this 6th day of December , 2011. MAYOR ATTEST: v CITY bEERK It was moved by Wilburn and seconded by adopted, and upon roll call there were: AYES: x x x x x x x 7, cle rf;lreslsafa dell 2.doc NAYS: Mims the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright