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HomeMy WebLinkAbout2012-01-10 CorrespondenceCITY OF IOWA CITY -ora�� -- 2:111 p' � 5 1 IN MOWN - io MEMORANDUM Date: December 15, 2011 To: City Clerk From: Kent Ralston; Assistant Transportation Planner Re: Item for January 10, 2012 City Council meeting; Installation of (1) STOP sign at the intersection of Lower West Branch Road and Amhurst Street, (1) STOP sign at the intersection of Rochester Avenue and Teton Circle, and (1) STOP sign at the intersection of Rochester Avenue and Boyd Court. As directed by Title 9, Chapter 1, Section 313 of the City Code, this is to advise the City Council of the following action: Action: Pursuant to Section 9 -1 -3A (5); Install (1) STOP sign at the southwest corner of Lower West Branch Road and Amhurst Street, install (1) STOP sign at the southeast corner of Rochester Avenue and Teton Circle, and install (1) STOP sign at the southeast corner of Rochester Avenue and Boyd Court. Comment: The associated street infrastructure improvements necessitating this signage were accepted by City Council on December 6, 2011. N y� � Marian Karr 1 59(2) From: Jeffrey K. McGinness <jmcginness @simmonsperrine.com> Sent: Thursday, December 01, 2011 10:11 AM To: Council Cc: 'jeff.mcginness @iccsd.k12.ia.us' Subject: School Board Relationship Connie and Council Members, I would like to thank you, the outgoing council members, and incoming council for recognizing the need to work more closely with the School Board as it relates to school board decisions that may impact the council's development and redevelopment plans. That being said, and I mean this in no disrespect, I couldn't help but feeling like I was being scolded for a decision that many of the new board members had nothing to do with. I am not sure such an approach, including putting us on the defensive in one of our first meetings in our new building, is the best to take when trying to develop a more meaningful and positive working relationship. I recognize your concern and frustration over this issue, but our board has made a conscious effort to move forward in a more positive light given its past history. Unquestionably, a more positive relationship with the council, and more positive press regarding that relationship and efforts to improve our great schools, can go a long way by itself in fostering development and redevelopment efforts. In addition, and while I recognize the impact closing a school can have on a neighborhood, that impact is one of many factors that come into play when considering such a decision. I was obviously not involved in the decision to close Roosevelt and, quite honestly, that decision was made long before the actual board vote in 2009. Whether by intent or neglect, Roosevelt was left in disrepair for many years. As reported throughout this process, it would have cost several millions to bring that school up to code, in compliance with ADA requirements, and to address many environmental issues on cite through that process. Add to that several more millions if we wanted to update the school beyond the most basic 1990 technology standards. Fortunately, it appears many of our other older schools have not experienced similar neglect and, as Tuyet mentioned, I don't believe anyone in the past or present has indicated that closing those buildings are up for consideration. That does not mean those buildings do not need some "love" or that small buildings don't exacerbate class size issues because of the economy of scale factor. However, I believe those are challenges the district and the board are willing to take on. Last, it is my hopes that the council's desire to work with the school district and board is reciprocal. Unquestionably, there are many decisions made by the council that have similar impact on the districts ability to provide the high standard of education our community expects and deserves. As you move forward with those decisions, whether they are TIF or other significant decisions, I hope we are similarly given a voice and consideration. Sincerely Jeff McGinness 01-10-12 Marian Karr 5g(3) From: Pascoe, Judith M <judith- pascoe @uiowa.edu> Sent: Thursday, December 01, 2011 9:36 AM To: Council Subject: thanks Dear Council Members, I am grateful to Connie Champion for voicing concern about the closure of Roosevelt, and for advocating a more cooperative relationship between City Council members and School Board members. I know other Council members, too, are concerned about the possible closure of the city's oldest neighborhood schools, and I thank you for emphasizing the key role these schools play in neighborhood preservation. Yours sincerely, Judith Pascoe 317 Fairchild St. It _,I t ,I CITY OF IOWA CITY --21 �bk" M RAND U MEMO Date: December 16, 2011 To: Tom Markus, City Manager From: Ronald R. Knoche, City Engineer Re: Competitive Quotation Results CDBG ASBESTOS ABATEMENT - CONTRACT #7 " 0-12 5aM Competitive quotations for the CDBG Asbestos Abatement - Contract #7 Project were opened on December 16, 2011 and the following quotes were received: Active Thermal Concepts Hiawatha, IA $ 63,980.00 Lindstrom Environmental Dubuque, IA $ 64,300.00 Abatement Specialties Clinton, IA $ 66,739.00 Advanced Environmental Waterloo, IA $ 84,015.00 ESA, Inc. North Sioux City, SD $ 104,360.00 Engineer's Estimate $ 50,000.00 Public Works and Engineering recommended and the City Manager awarded the contract to Active Thermal Concepts of Hiawatha, Iowa. The project will be funded with CDBG funds. HMGP ASBESTOS ABATEMENT - CONTRACT #5 Competitive quotations for the HMGP Asbestos Abatement - Contract #5 Project were opened on December 16, 2011 and the following quotes were received: Abatement Specialties Clinton, IA $ 31,657.00 Lindstrom Environmental Dubuque, IA $ 39,000.00 Active Thermal Concepts Hiawatha, IA $ 41,140.00 Advanced Environmental Waterloo, IA $ 61,985.00 ESA, Inc. North Sioux City, SD $ 65,520.00 Engineer's Estimate $ 36,000.00 Public Works and Engineering recommended and the City Manager awarded the contract to Abatement Specialties of Clinton, Iowa. The project will be funded with HMGP Funds. Marian Karr From: Thomas Carroll <tcarrol152240 @g mail. com> 5 Sent: Thursday, December 08, 2011 2:00 PM To: Council Subject: Response to Previous Correspondence to Council re: Authorizing Expenditures Attachments: Part_ 2. _Procurement_by_Solicitation_of Competitive_Bids.doc Dear Council: Best wishes to the new and returning Council Members. I was interested in the correspondence submitted by S. Clark (11/22/11) regarding his concerns to increase transparency in local government by suggesting changes in the city's purchasing procedures. I have to admit I was very surprised that Iowa City's current procedures do not permit Council to authorize large expenditures, such as the $1 million failed software purchase. This puts the Council in a very weak and subservient position to staff with so sparse (or no) documentation required to be provided from staff. As other local governments are increasing transparency through complete searchable expenditure listings, I was surprised that Iowa City is the only city in Iowa to not require Council authorization of large expenditures. Without this requirement, important transactions executed by staff are undocumented and no public information is accessible to citizens. It appears that only through investigative reporting was the software situation revealed, certainly not through any proactive release of information by staff. One thing I would like to add is that other cities have procurement ordinances, as opposed to policies, which are a code of laws that must be followed no matter what employee might be the incumbent of a position. I would suggest you look at the city of Des Moines as an example of a city with a procurement ordinance (attached). I believe their threshhold for authorization by Council is any purchase of goods or services over $25,000. As Mr. Clark stated, if Des Moines has the time to to this, why not Iowa City? Being transparent and providing easily accessible documentation gives the public confidence that their funds are being spent wisely. I heartily concur with Mr. Clark that the Council be proactive in assuring adequate transparency in the expenditure of public funds permanently, not just in the tenure of a particular incumbent administration. I'm hopeful the new city management and new Council will always keep the interests of transparency and complete documentation of expenditures in the forefront. Thank you for your time. T. Carroll MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids Part 2. - Procurement by Solicitation of Competitive Bids Sec 2-726. Procurement of goods and services under competitive bidding process: exceptions. Sec 2 -727 - Competitive bidding and advertisement. Sec 2-728. Annual purchase agreements and contracts for demolition and repair services. Sec 2 -729. - Procurement requests. Sec. 2 -730. - Advertisement for bids. Sec 2 -731 - Opening and public inspection of bids. Sec 2 -732 - Determining responsibility of bidders. Sec. 2 -733. - Refection of bids. Sec 2-734. Appeal of procurement administrator's determination regarding best bid or resection of bid. Sec 2 -735 - Performance bond indemnity and insurance. Sec 2-736. Authority to issue purchase orders and to approve and execute contracts for goods and /or services or concession agreements procured by competitive bids authority to issue change orders to purchase orders and to execute amendments to procurement contracts and concession agreements. Sec 2 -737 - Renewal of contracts awarded pursuant to competitive bid. Sec 2 -738. - Assignment of contract prohibited. Sec. 2 -726. - Procurement of goods and services under competitive bidding process; exceptions. (a) The procurement of goods and /or services, wherein cost to the city and compliance with specifications will be the only criteria considered in selecting among competing bidders, shall be accomplished under the competitive bidding process outlined in this part, with the following exceptions: (1) The procurement of services which by their nature are not adapted to award by competitive bidding, including but not limited to contracts for the services of individuals possessing a high degree of professional skill where the ability or fitness of the individual plays an important part, and contracts for the disposal of special or hazardous waste materials, where the charge for services cannot be calculated until an analysis of the waste is completed. (2) The procurement of printing or engraving of bonds, official statements and other evidences of indebtedness. (3) The procurement of printing or procurement of special materials, supplies, or postage to be used in connection with an election or referendum. (4) The procurement of utility services and fuel and fuel services for vehicles and equipment. (5) The procurement of magazines, books, periodicals, and similar articles of an educational or instructional nature, and the binding of such magazines, books, periodicals, pamphlets, and similar articles. (6) The procurement of repair services for equipment and machinery, or for the procurement of repair parts, when required repair parts are available only from a single factory source and are sold through a single area -wide distributor, and competitive bids for such repairs are thus not prospectively obtainable, and the city manager or his or her designee so finds and declares in writing. The city manager's written determination shall be filed with the procurement documents in Des Moines, Iowa, Code of Ordinances Page 1 of 9 MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids each such instance. (7) The procurement of goods and /or services that are of such a nature that they are the only goods and /or services which will fit and comply with the required use, or are an integral part of a total system so as to be uniquely compatible with existing city needs, materials or equipment to be cost effective, and the city manager so finds and declares in writing. The city manager's written determination shall be filed with the procurement documents in each such instance. (8) Contracts for the procurement of goods and /or services through which nonprofit associations, established to aid or assist governmental bodies or other governmental agencies have secured special rates or provisions for the purchase of goods and /or services for the benefit of governmental bodies or agencies. (9) Contracts for goods and /or services procured through a cooperative chapter 28E agreement that were procured by a governmental entity participating in said 28E agreement, provided that the city manager determines that said entity procured the goods and /or services pursuant to competitive procurement procedures substantially equivalent to those set forth in this division. (10) The procurement of goods and /or services by a department from a particular vendor, involving a city expenditure of less than $1,000.00, under rules developed by the procurement administrator. (11) The procurement of sponsorship services which provide funding and /or promotion, marketing or assistance with the implementation of events, services or programs undertaken by the park and recreation department. (12) The sale of advertising under guidelines approved by the procurement administrator. (13) The procurement of entertainers or performing artists for civic programs and events, when the availability of such person does not lend itself to competitive procurement. (14) A nonprofit agency or organization need not complete the competitive procurement process but must obtain written permission from the city manager to sell consumer goods and /or services to its members or the public on city property. (15) A temporary concession may be granted through a written agreement approved by the city manager, or the director of the procuring department if authorized by the city manager, without completing the competitive procurement process. (16) The procurement of concessions at the airport pursuant to section 22 -50 of this Code. (17) Concessions involving the lease or exclusive use of city property for a period of more than three years shall be subject to approval of the city council, as provided by I.C. § 364.7. (b) The procurement administrator is expressly authorized to procure from any federal, state, or local government unit or agency thereof surplus machinery, motor vehicles, materials, supplies, commodities, or equipment as may be made available through the operation of any legislation heretofore or hereafter enacted without conforming to the competitive bidding requirements of this division. (c) The procurement administrator is also expressly authorized to procure goods and/ or services Des Moines, Iowa, Code of Ordinances Page 2 of 9 MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids from supply schedules of the U.S. General Services Administration and from contracts established by the State of Iowa Department of General Services, the Iowa Department of Transportation, and the Iowa Communications Network pursuant to procedures established by Iowa Code Chapter 8A and rules and regulations promulgated thereunder, or pursuant to supply schedules of Polk County contracts or accepted bids pursuant to Polk County's bidding procedures, without conforming to the competitive bidding requirements of this subdivision. (d) Regular or temporary employment contracts or hiring in the municipal service, whether with respect to the classified service or otherwise, shall not be subject to this subdivision. (e) The procurement administrator is hereby expressly authorized to procure from any federal, state, or local government unit or agency thereof, without conforming to the competitive bidding requirements of this division, such goods and /or services as are authorized by the city manager, provided that the city manager determines and declares in writing that such goods and /or services were competitively procured by such unit or agency pursuant to competitive procurement procedures substantially equivalent to those set forth in this division, and can be procured without mark -up from such other federal, state, or local government unit or agency. (f) The procurement administrator is hereby expressly authorized to procure goods and /or services from contracts that have been competitively established through the Western States Contracting Alliance and other cooperative group contracting consortiums for state government departments, institutions, agencies and political subdivisions, without conforming to the competitive bidding requirements of this division. (g) The procurement administrator is hereby expressly authorized to procure goods and /or services through a joint bid with Polk County by a competitive bidding procedure, without conforming to the competitive bidding requirements of this subdivision. (0. 14,346, 14,408, 14,892, 14,936) Sec. 2 -727. - Competitive bidding and advertisement. (a) Except as otherwise provided, all purchase orders issued by the procurement division, and all contracts of whatever nature, made by or on behalf of the city, for the procurement of goods and /or services, whether by purchase, lease, or a concession agreement, where the estimated cost or revenue to the city will exceed $25,000.00 annually, and where the selection criteria include only the lowest or highest bid and compliance with bid specifications, shall be let pursuant to the formal competitive bidding procedure, after advertisement as provided by section 2 -731, to the lowest responsible bidder or, in the appropriate instance, to the highest responsible bidder, depending upon whether the city is to expend or receive money. (b) All purchase orders issued by the procurement division, and all contracts of whatever nature, made by or on behalf of the city, for the procurement of goods and /or services, whether by purchase, lease, or a concession agreement, where the estimated cost or revenue to the city will not exceed $25,000.00 annually, and where the selection criteria include only the lowest or highest bid and compliance with bid specifications, shall be let pursuant to the formal competitive bidding procedure, after advertisement as provided by section 2 -730, to the lowest responsible bidder or, in the appropriate instance, to the highest responsible bidder, depending upon whether the city is to expend or receive money, unless the procurement administrator determines that the informal Des Moines, Iowa, Code of Ordinances Page 3 of 9 MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids competitive bidding procedure is appropriate. (c) All surplus property deemed suitable and appropriate for sale by the procurement administrator, where the estimated sale price of any single item of surplus property, or the estimated aggregate sale price of all items of surplus property to be sold in one lot, will exceed $25,000.00, shall be sold pursuant to the formal competitive bidding procedure, after advertisement as provided by section 2 -730, or at auction. All such sales in excess of $25,000.00 must be approved by the city council. (d) All surplus property deemed suitable and appropriate for sale by the procurement administrator, where the estimated sale price of any single item of surplus property, or the estimated aggregate sale price of all items of surplus property to be sold in one lot, will not exceed $25,000.00, may be sold pursuant to the formal competitive bidding procedure after advertisement as provided by section 2 -730, unless the procurement administrator determines that the informal competitive bidding procedure or sale by advertisement is appropriate. (e) The procurement administrator may dispose of surplus property not deemed suitable or appropriate for sale by such means as the procurement administrator deems appropriate. (0.14, 346) Sec. 2 -728. - Annual purchase agreements and contracts for demolition and repair services. (a) The procurement administrator is authorized to enter into annual purchase agreements for the procurement of goods and /or services that are consistently needed by city departments, but where the type or quantity of goods and /or services are unknown and where a purchase agreement for a fixed amount is not reasonable or cost efficient. Competitive bidding procedures shall be followed in entering into the annual purchase agreement. Such annual purchase agreements shall state that the city manager may purchase necessary goods and /or services with the successful bidder for those particular goods and /or services at the determined price as needed by the city. Annual purchase agreements where the estimated cost exceeds $25,000.00 must be approved by the city council. Annual purchase agreements where the estimated cost will not exceed $25,000.00 may be approved by the procurement administrator. Annual purchase agreements shall be negotiated or rebid annually, unless renewed as provided in the purchase agreement. (b) The city manager is hereby expressly authorized to enter into annual demolition contracts for demolition projects where the estimated cost to demolish each project does not exceed $100,000.00 or each project has a total estimated cost equal to or less than the competitive bid threshold as established in Section 314.1 B. The city manager shall procure such contracts by mailing and publishing annually, a solicitation for annual demolition contracts, which solicitation shall be mailed to all demolition contractors providing such service to the city within the last year, and shall be published once in a newspaper of general circulation in the county, which mailing and publication shall occur not less than five business days prior to the required response date. The city manager may solicit separate contracts for "demolition - structure removal" and for "demolition - asbestos removal ". In responding to such solicitation, demolition contractors shall be required to execute a blanket form of demolition contract in the form approved by the city manager and the legal department, shall be required to submit a certificate of insurance evidencing the coverages and endorsements required by the city, and shall be required to submit a performance, payment and maintenance bond on the form provided, and in the amount required, by the city. If two or more demolition contractors respond to such solicitation and submit executed contracts, insurance certificates, and performance, payment and maintenance bonds as above provided, the city manager may execute such contracts on behalf of the city. Upon execution Des Moines, Iowa, Code of Ordinances Page 4 of 9 MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids of such contracts, the city manager may, as needed, obtain competitive proposals from said contractors for demolition projects within the city, and may enter into a contract addendum for a demolition project with a responsible contractor submitting the lowest responsive proposal therefor, provided that the proposed cost of each demolition project does not exceed $100,000.00, or each project has a total estimated cost equal to or less than the competitive bid threshold as established in Section 314.1 B. If the cost of demolishing a demolition project will exceed $100,000.00, the engineering department shall procure competitive bids therefore for award by the city council pursuant to chapter 26 Public Construction Bidding. (c) The city manager is hereby expressly authorized to enter into annual rehabilitation and /or repair contracts for the repair and /or renovation of city -owned municipal housing agency units, where the cost to repair and /or renovate any single unit does not exceed $25,000.00. The city manager shall procure such contracts by mailing and publishing annually, on or before April 1 of each year, a solicitation for annual repair and /or renovation contracts, which solicitation shall be mailed to all contractors providing such service to the city within the last year, and shall be published once in a newspaper of general circulation in the county, which mailing and publication shall occur not less than five business days prior to the required response date. In responding to such solicitation, contractors shall be required to execute a blanket form of agreement in form approved by the city manager and the legal department, shall be required to submit a certificate of insurance evidencing the coverages and endorsements required by the city, and shall be required to submit a performance and maintenance bond on the form provided, and in the amount required, by the city. If two or more contractors respond to such solicitation and submit executed contracts, insurance certificates and performance and maintenance bonds as provided above, the city manager may execute such contracts on behalf of the city. Upon execution of such contracts, the city manager may, as needed, obtain competitive proposals from said contractors for the repair and /or renovation of city -owned municipal housing agency units and may enter into a contract addendum for the repair and /or renovation of a particular unit or units with a responsible contractor submitting the lowest, responsive proposal therefor, provided that the proposed cost of repairing and /or renovating any single unit does not exceed $25,000.00. If the cost of repairing and /or renovating any single unit will exceed $25,000.00 the city manager shall procure competitive bids therefor for award by the city. (0.14,346, 14,999) Sec. 2 -729. - Procurement requests. (a) The director of each department of the city shall give written notice to the finance director, identifying the officers or employees of the department who shall be authorized to approve requests for procurement of goods and /or services for the respective departments, boards or commissions. (b) Except as to emergency contracts authorized by section 2 -709 of this subdivision, no procurement request shall be split into parts for the purpose of avoiding any section of this subdivision. (0.14,346) Sec. 2 -730. - Advertisement for bids. (a) All proposals to award purchase orders or contracts where the estimated cost or revenue to the city will exceed $25,000.00 shall be published by the procurement administrator in a secular English language daily newspaper of general circulation throughout the city at least seven days in advance of the date announced for receiving bids„ excluding Sundays and legal holidays, except the city council Des Moines, Iowa, Code of Ordinances Page 5 of 9 MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids may waive publication in times of public emergency. (b) Such proposals to award purchase orders or contracts shall simultaneously be posted on readily accessible bulletin boards in the office of the procurement administrator. (c) Nothing contained in this section shall be construed to prohibit the procurement administrator from promulgating additional announcements in recognized trade journals, on the city cable television channel, on the city's internet website, on other appropriate websites, by other electronic media, or by mailing announcements to potential bidders. (d) Advertisements for bids shall describe the character of the proposed contract or agreement in sufficient detail to enable the bidders thereon to know what their obligations will be, either in the advertisement itself or by reference to detailed plans and specifications on file in the office of the procurement administrator at the time of the publication of the first announcement. This advertisement shall also state the date, time and place assigned for the opening of bids, and no bids shall be received at any time subsequent to the time indicated in the announcement. (e) A certified check payable to the city and drawn on a state bank as a deposit of good faith in a reasonable amount but not in excess of ten percent of the contract amount may be required of each bidder by the procurement administrator on all bids involving amounts in excess of $25,000.00 and, if required, the advertisement for bids shall so specify. (f) Subject to the direction and supervision of the city manager only the procurement administrator is authorized to advertise for bids or issue requests for proposals when a purchase order is to be used. (0.14, 346) Sec. 2 -731. - Opening and public inspection of bids. All sealed bids made pursuant to this subdivision shall be publicly opened by the city manager or his or her designee at such time and place as shall be specified in the advertisement or invitation for bids, and all such bids shall be available for a reasonable time to public inspection in the office of the procurement administrator. (0.14,346) Sec. 2 -732. - Determining responsibility of bidders. In determining responsibility of bidders pursuant to this subdivision, the procurement administrator may take into account, in addition to financial responsibility, the past record of transactions and experience with the bidder, adequacy of the bidder's equipment, and his or her ability to complete performance within the specified time limit. (0.14, 346) Sec. 2 -733. - Rejection of bids. Any and all bids received in response to an advertisement may be rejected by the procurement administrator if the bidder is not deemed responsible; or the character or quality of the goods and /or services does not conform to requirements; or if the specifications or requirements submitted by the city to the bidder are determined to be faulty or incorrect; or if the public interest may otherwise be served thereby. If the lowest bid received, pursuant to the formal competitive bidding procedure, or in the Des Moines, Iowa, Code of Ordinances Page 6 of 9 MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids appropriate instance the highest bid received, depending upon whether the city is to expend or receive money, is rejected because it is not the most responsible bid, the person or body rejecting it shall immediately state in writing the precise reasons for rejection and file the same in the office of the procurement administrator. (0.14, 346) Sec. 2 -734. - Appeal of procurement administrator's determination regarding best bid or rejection of bid. (a) Any bidder or potential bidder who believes that the terms of a bid request are objectionable, or who believes that the procurement administrator or other city staff have not appropriately responded to its questions, objections, or requests for information, clarification or interpretation regarding a bid request, or who believes that the procurement administrator or other city staff have a bias against it or are treating it unfairly, may communicate its concerns in that regard to the city manager or the city council. A bidder or potential bidder who wishes to raise such an issue with the city manager or city council shall first communicate its concerns directly to the city manager, orally or in writing. If the city manager cannot resolve the issue to the satisfaction of the bidder or potential bidder, the city manager shall, at the request of the bidder or potential bidder, forward such concerns to the city council for its consideration. (b) A bidder who is aggrieved by the procurement administrator's determination as to which is the lowest compliant bid, or as to the determination to reject a bid, may appeal such determination pursuant to the administrative appeal process established by the procurement division. (0.14, 346) Sec. 2 -735. - Performance bond, indemnity and insurance. (a) When deemed to be in the public interest by the procurement administrator, bidders may be required to submit a bond, with good and sufficient sureties, in an amount deemed adequate to assure performance of the contract in the time and manner prescribed in the contract, to secure the payment of the bidder's subcontractors and suppliers, and to assure maintenance of the goods. (b) Bidders shall be required to execute an indemnity in favor of the city, agreeing to save, indemnify, and keep harmless the city against all loss, damages, claims, liabilities, judgments, costs, and expenses which may in any way accrue against the city in consequence of the awarding the contract or which may in any way result from the bidder's performance thereof. (c) When deemed to be in the public interest by the city's risk manager, bidders may be required to obtain insurance in form and amounts deemed adequate by the risk manager. (0.14,346) Sec. 2 -736. - Authority to issue purchase orders and to approve and execute contracts for goods and /or services or concession agreements procured by competitive bid; authority to issue change orders to purchase orders and to execute amendments to procurement contracts and concession agreements. (a) The city manager or a procuring department is not authorized to accept any goods and /or services, or to execute a contract for goods and /or services for which a purchase order is required Des Moines, Iowa, Code of Ordinances Page 7 of 9 MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids pursuant to administrative policy, until the procurement administrator has issued the purchase order therefor. (b) In procuring goods and /or services where the cost or revenue to the city will not exceed $25,000.00 annually, the procurement administrator is authorized to issue purchase orders for such goods and /or services, or concessions. Upon issuance of a purchase order by the procurement administrator, if required by administrative policy, the city manager, or the director of the procuring department if authorized by the city manager, is authorized to approve and execute the contract or concession agreement, if any, associated with such procurement. (c) In procuring goods and /or services, or concessions, where the cost or revenue to the city will exceed $25,000.00 annually, the procurement administrator shall make a recommendation to the city council regarding the award of the bid or concession. Upon council award of a bid, the procurement administrator is authorized to execute and issue a purchase order for such goods and /or services. Upon execution and issuance of the purchase order for goods and /or services, if required by administrative policy, the city manager, or the director of the procuring department if authorized by the city manager, is authorized to execute the contract, if any, associated with that procurement. Upon council award of a concession, the city manager, or the director of the procuring department if authorized by the city manager, is authorized to execute the concession agreement. (d) The procurement administrator may approve, execute and issue change orders to purchase orders, authorizing the payment of an additional sum for an additional unit of goods and /or services, when the sum of the original purchase order amount plus the change order amount(s) does not exceed $25,000.00. Upon approval of the city council. the procurement administrator shall issue a change order to a purchase order when the sum of the original purchase order amount plus the change order amount(s) exceeds $25,000.00. If a contract is associated with such purchase order, the city manager, or the department director if authorized by the city manager, is authorized to execute the required contract amendment. (e) The procurement administrator may also approve, execute and issue change orders to purchase orders previously approved by city council when the change order amount(s) does not exceed ten per cent of the original purchase order amount, or $15,000.00, whichever is less. (f) The city manager or a procuring department is not authorized to execute a contract amendment for additional units of good and /or services, for which a purchase order is required pursuant to administrative policy, or to accept such additional goods and /or services, until the procurement administrator has issued the change order to the purchase order. (0.14,346) Sec. 2 -737. - Renewal of contracts awarded pursuant to competitive bid. Contracts for the provision of goods and /or services, or concession procured pursuant to the competitive bid process shall not be for an initial term in excess of one year, and shall not result in the extension of the contract for more than two one -year renewals after the expiration of the initial term. However, as to contracts for goods and /or services or concessions where the cost or revenue will exceed $25,000.00 annually, the city council, the city manager, the airport board or the municipal housing board may provide for an initial term in excess of one year, or may provide for the renewal of such contracts, when such longer initial term or renewals are deemed to be in the best interests of the city. As to contracts for goods and /or services or concessions where the cost or revenue will not exceed Des Moines, Iowa, Code of Ordinances Page 8 of 9 MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids $25,000.00 annually, the city manager, or the procurement administrator if authorized by the city manager, may provide for an initial term in excess of one year, or may provide for the renewal of such contracts, when such longer initial term or renewals are deemed to be in the best interests of the city. Contracts may only be renewed if renewal is provided for in the bid specifications, which shall identify the terms of the renewal and the number of permitted renewals. Compensation to be paid the successful bidder shall not be increased during any renewal term unless such increase is provided for in the original contract and bid specifications. (0.14,346) Sec. 2 -738. - Assignment of contract prohibited. No purchase order or contract awarded to the lowest bidder or to the highest responsible bidder, as the case may be, shall be assignable by the successful bidder without the written consent of the officer or body which authorized the award. (0.14, 346) Des Moines, Iowa, Code of Ordinances Page 9 of 9 MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids Part 2. - Procurement by Solicitation of Competitive Bids Sec 2-726. Procurement of goods and services under competitive bidding process: exceptions. Sec 2 -727 - Competitive bidding and advertisement. Sec 2-728. Annual purchase agreements and contracts for demolition and repair services. Sec 2 -729. - Procurement requests. Sec. 2 -730. - Advertisement for bids. Sec 2 -731 - Opening and public inspection of bids. Sec 2 -732 - Determining responsibility of bidders. Sec. 2 -733. - Resection of bids. Sec 2-734. Appeal of procurement administrator's determination regarding best bid or resection of bid. Sec 2 -735 - Performance bond indemnity and insurance. Sec 2-736. Authority to issue purchase orders and to approve and execute contracts for goods and /or services or concession agreements procured by competitive bid: authority to issue change orders to purchase orders and to execute amendments to procurement contracts and concession agreements. Sec 2 -737 - Renewal of contracts awarded pursuant to competitive bid. Sec 2 -738 - Assignment of contract prohibited. Sec. 2 -726. - Procurement of goods and services under competitive bidding process; exceptions. (a) The procurement of goods and /or services, wherein cost to the city and compliance with specifications will be the only criteria considered in selecting among competing bidders, shall be accomplished under the competitive bidding process outlined in this part, with the following exceptions: (1) The procurement of services which by their nature are not adapted to award by competitive bidding, including but not limited to contracts for the services of individuals possessing a high degree of professional skill where the ability or fitness of the individual plays an important part, and contracts for the disposal of special or hazardous waste materials, where the charge for services cannot be calculated until an analysis of the waste is completed. (2) The procurement of printing or engraving of bonds, official statements and other evidences of indebtedness. (3) The procurement of printing or procurement of special materials, supplies, or postage to be used in connection with an election or referendum. (4) The procurement of utility services and fuel and fuel services for vehicles and equipment. (5) The procurement of magazines, books, periodicals, and similar articles of an educational or instructional nature, and the binding of such magazines, books, periodicals, pamphlets, and similar articles. (6) The procurement of repair services for equipment and machinery, or for the procurement of repair parts, when required repair parts are available only from a single factory source and are sold through a single area -wide distributor, and competitive bids for such repairs are thus not prospectively obtainable, and the city manager or his or her designee so finds and declares in writing. The city manager's written determination shall be filed with the procurement documents in Des Moines, Iowa, Code of Ordinances Page 1 of 9 MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids each such instance. (7) The procurement of goods and /or services that are of such a nature that they are the only goods and /or services which will fit and comply with the required use, or are an integral part of a total system so as to be uniquely compatible with existing city needs, materials or equipment to be cost effective, and the city manager so finds and declares in writing. The city manager's written determination shall be filed with the procurement documents in each such instance. (8) Contracts for the procurement of goods and /or services through which nonprofit associations, established to aid or assist governmental bodies or other governmental agencies have secured special rates or provisions for the purchase of goods and /or services for the benefit of governmental bodies or agencies. (9) Contracts for goods and /or services procured through a cooperative chapter 28E agreement that were procured by a governmental entity participating in said 28E agreement, provided that the city manager determines that said entity procured the goods and /or services pursuant to competitive procurement procedures substantially equivalent to those set forth in this division. (10) The procurement of goods and /or services by a department from a particular vendor, involving a city expenditure of less than $1,000.00, under rules developed by the procurement administrator. (11) The procurement of sponsorship services which provide funding and /or promotion, marketing or assistance with the implementation of events, services or programs undertaken by the park and recreation department. (12) The sale of advertising under guidelines approved by the procurement administrator. (13) The procurement of entertainers or performing artists for civic programs and events, when the availability of such person does not lend itself to competitive procurement. (14) A nonprofit agency or organization need not complete the competitive procurement process but must obtain written permission from the city manager to sell consumer goods and /or services to its members or the public on city property. (15) A temporary concession may be granted through a written agreement approved by the city manager, or the director of the procuring department if authorized by the city manager, without completing the competitive procurement process. (16) The procurement of concessions at the airport pursuant to section 22 -50 of this Code. (17) Concessions involving the lease or exclusive use of city property for a period of more than three years shall be subject to approval of the city council, as provided by I.C. § 364.7. (b) The procurement administrator is expressly authorized to procure from any federal, state, or local government unit or agency thereof surplus machinery, motor vehicles, materials, supplies, commodities, or equipment as may be made available through the operation of any legislation heretofore or hereafter enacted without conforming to the competitive bidding requirements of this division. (c) The procurement administrator is also expressly authorized to procure goods and/ or services Des Moines, Iowa, Code of Ordinances Page 2 of 9 MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids from supply schedules of the U.S. General Services Administration and from contracts established by the State of Iowa Department of General Services, the Iowa Department of Transportation, and the Iowa Communications Network pursuant to procedures established by Iowa Code Chapter 8A and rules and regulations promulgated thereunder, or pursuant to supply schedules of Polk County contracts or accepted bids pursuant to Polk County's bidding procedures, without conforming to the competitive bidding requirements of this subdivision. (d) Regular or temporary employment contracts or hiring in the municipal service, whether with respect to the classified service or otherwise, shall not be subject to this subdivision. (e) The procurement administrator is hereby expressly authorized to procure from any federal, state, or local government unit or agency thereof, without conforming to the competitive bidding requirements of this division, such goods and /or services as are authorized by the city manager, provided that the city manager determines and declares in writing that such goods and /or services were competitively procured by such unit or agency pursuant to competitive procurement procedures substantially equivalent to those set forth in this division, and can be procured without mark -up from such other federal, state, or local government unit or agency. (f) The procurement administrator is hereby expressly authorized to procure goods and /or services from contracts that have been competitively established through the Western States Contracting Alliance and other cooperative group contracting consortiums for state government departments, institutions, agencies and political subdivisions, without conforming to the competitive bidding requirements of this division. (g) The procurement administrator is hereby expressly authorized to procure goods and /or services through a joint bid with Polk County by a competitive bidding procedure, without conforming to the competitive bidding requirements of this subdivision. (0. 14,346, 14,408, 14,892, 14,936) Sec. 2 -727. - Competitive bidding and advertisement. (a) Except as otherwise provided, all purchase orders issued by the procurement division, and all contracts of whatever nature, made by or on behalf of the city, for the procurement of goods and /or services, whether by purchase, lease, or a concession agreement, where the estimated cost or revenue to the city will exceed $25,000.00 annually, and where the selection criteria include only the lowest or highest bid and compliance with bid specifications, shall be let pursuant to the formal competitive bidding procedure, after advertisement as provided by section 2 -731, to the lowest responsible bidder or, in the appropriate instance, to the highest responsible bidder, depending upon whether the city is to expend or receive money. (b) All purchase orders issued by the procurement division, and all contracts of whatever nature, made by or on behalf of the city, for the procurement of goods and /or services, whether by purchase, lease, or a concession agreement, where the estimated cost or revenue to the city will not exceed $25,000.00 annually, and where the selection criteria include only the lowest or highest bid and compliance with bid specifications, shall be let pursuant to the formal competitive bidding procedure, after advertisement as provided by section 2 -730, to the lowest responsible bidder or, in the appropriate instance, to the highest responsible bidder, depending upon whether the city is to expend or receive money, unless the procurement administrator determines that the informal Des Moines, Iowa, Code of Ordinances Page 3 of 9 MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids competitive bidding procedure is appropriate. (c) All surplus property deemed suitable and appropriate for sale by the procurement administrator, where the estimated sale price of any single item of surplus property, or the estimated aggregate sale price of all items of surplus property to be sold in one lot, will exceed $25,000.00, shall be sold pursuant to the formal competitive bidding procedure, after advertisement as provided by section 2 -730, or at auction. All such sales in excess of $25,000.00 must be approved by the city council. (d) All surplus property deemed suitable and appropriate for sale by the procurement administrator, where the estimated sale price of any single item of surplus property, or the estimated aggregate sale price of all items of surplus property to be sold in one lot, will not exceed $25,000.00, may be sold pursuant to the formal competitive bidding procedure after advertisement as provided by section 2 -730, unless the procurement administrator determines that the informal competitive bidding procedure or sale by advertisement is appropriate. (e) The procurement administrator may dispose of surplus property not deemed suitable or appropriate for sale by such means as the procurement administrator deems appropriate. (0.14, 346) Sec. 2 -728. - Annual purchase agreements and contracts for demolition and repair services. (a) The procurement administrator is authorized to enter into annual purchase agreements for the procurement of goods and /or services that are consistently needed by city departments, but where the type or quantity of goods and /or services are unknown and where a purchase agreement for a fixed amount is not reasonable or cost efficient. Competitive bidding procedures shall be followed in entering into the annual purchase agreement. Such annual purchase agreements shall state that the city manager may purchase necessary goods and /or services with the successful bidder for those particular goods and /or services at the determined price as needed by the city. Annual purchase agreements where the estimated cost exceeds $25,000.00 must be approved by the city council. Annual purchase agreements where the estimated cost will not exceed $25,000.00 may be approved by the procurement administrator. Annual purchase agreements shall be negotiated or rebid annually, unless renewed as provided in the purchase agreement. (b) The city manager is hereby expressly authorized to enter into annual demolition contracts for demolition projects where the estimated cost to demolish each project does not exceed $100,000.00 or each project has a total estimated cost equal to or less than the competitive bid threshold as established in Section 314.1 B. The city manager shall procure such contracts by mailing and publishing annually, a solicitation for annual demolition contracts, which solicitation shall be mailed to all demolition contractors providing such service to the city within the last year, and shall be published once in a newspaper of general circulation in the county, which mailing and publication shall occur not less than five business days prior to the required response date. The city manager may solicit separate contracts for "demolition - structure removal' and for "demolition - asbestos removal'. In responding to such solicitation, demolition contractors shall be required to execute a blanket form of demolition contract in the form approved by the city manager and the legal department, shall be required to submit a certificate of insurance evidencing the coverages and endorsements required by the city, and shall be required to submit a performance, payment and maintenance bond on the form provided, and in the amount required, by the city. If two or more demolition contractors respond to such solicitation and submit executed contracts, insurance certificates, and performance, payment and maintenance bonds as above provided, the city manager may execute such contracts on behalf of the city. Upon execution Des Moines, Iowa, Code of Ordinances Page 4 of 9 MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids of such contracts, the city manager may, as needed, obtain competitive proposals from said contractors for demolition projects within the city, and may enter into a contract addendum for a demolition project with a responsible contractor submitting the lowest responsive proposal therefor, provided that the proposed cost of each demolition project does not exceed $100,000.00, or each project has a total estimated cost equal to or less than the competitive bid threshold as established in Section 314.113. If the cost of demolishing a demolition project will exceed $100,000.00, the engineering department shall procure competitive bids therefore for award by the city council pursuant to chapter 26 Public Construction Bidding. (c) The city manager is hereby expressly authorized to enter into annual rehabilitation and /or repair contracts for the repair and /or renovation of city -owned municipal housing agency units, where the cost to repair and /or renovate any single unit does not exceed $25,000.00. The city manager shall procure such contracts by mailing and publishing annually, on or before April 1 of each year, a solicitation for annual repair and /or renovation contracts, which solicitation shall be mailed to all contractors providing such service to the city within the last year, and shall be published once in a newspaper of general circulation in the county, which mailing and publication shall occur not less than five business days prior to the required response date. In responding to such solicitation, contractors shall be required to execute a blanket form of agreement in form approved by the city manager and the legal department, shall be required to submit a certificate of insurance evidencing the coverages and endorsements required by the city, and shall be required to submit a performance and maintenance bond on the form provided, and in the amount required, by the city. If two or more contractors respond to such solicitation and submit executed contracts, insurance certificates and performance and maintenance bonds as provided above, the city manager may execute such contracts on behalf of the city. Upon execution of such contracts, the city manager may, as needed, obtain competitive proposals from said contractors for the repair and /or renovation of city -owned municipal housing agency units and may enter into a contract addendum for the repair and /or renovation of a particular unit or units with a responsible contractor submitting the lowest, responsive proposal therefor, provided that the proposed cost of repairing and /or renovating any single unit does not exceed $25,000.00. If the cost of repairing and /or renovating any single unit will exceed $25,000.00 the city manager shall procure competitive bids therefor for award by the city. (0.14,346, 14,999) Sec. 2 -729. - Procurement requests. (a) The director of each department of the city shall give written notice to the finance director, identifying the officers or employees of the department who shall be authorized to approve requests for procurement of goods and /or services for the respective departments, boards or commissions. (b) Except as to emergency contracts authorized by section 2 -709 of this subdivision, no procurement request shall be split into parts for the purpose of avoiding any section of this subdivision. (0.14, 346) Sec. 2 -730. - Advertisement for bids. (a) All proposals to award purchase orders or contracts where the estimated cost or revenue to the city will exceed $25,000.00 shall be published by the procurement administrator in a secular English language daily newspaper of general circulation throughout the city at least seven days in advance of the date announced for receiving bids„ excluding Sundays and legal holidays, except the city council Des Moines, Iowa, Code of Ordinances Page 5 of 9 MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids may waive publication in times of public emergency. (b) Such proposals to award purchase orders or contracts shall simultaneously be posted on readily accessible bulletin boards in the office of the procurement administrator. (c) Nothing contained in this section shall be construed to prohibit the procurement administrator from promulgating additional announcements in recognized trade journals, on the city cable television channel, on the city's internet website, on other appropriate websites, by other electronic media, or by mailing announcements to potential bidders. (d) Advertisements for bids shall describe the character of the proposed contract or agreement in sufficient detail to enable the bidders thereon to know what their obligations will be, either in the advertisement itself or by reference to detailed plans and specifications on file in the office of the procurement administrator at the time of the publication of the first announcement. This advertisement shall also state the date, time and place assigned for the opening of bids, and no bids shall be received at any time subsequent to the time indicated in the announcement. (e) A certified check payable to the city and drawn on a state bank as a deposit of good faith in a reasonable amount but not in excess of ten percent of the contract amount may be required of each bidder by the procurement administrator on all bids involving amounts in excess of $25,000.00 and, if required, the advertisement for bids shall so specify. (f) Subject to the direction and supervision of the city manager only the procurement administrator is authorized to advertise for bids or issue requests for proposals when a purchase order is to be used. (0.14, 346) Sec. 2 -731. - Opening and public inspection of bids. All sealed bids made pursuant to this subdivision shall be publicly opened by the city manager or his or her designee at such time and place as shall be specified in the advertisement or invitation for bids, and all such bids shall be available for a reasonable time to public inspection in the office of the procurement administrator. (0.14,346) Sec. 2 -732. - Determining responsibility of bidders. In determining responsibility of bidders pursuant to this subdivision, the procurement administrator may take into account, in addition to financial responsibility, the past record of transactions and experience with the bidder, adequacy of the bidder's equipment, and his or her ability to complete performance within the specified time limit. (0.14, 346) Sec. 2 -733. - Rejection of bids. Any and all bids received in response to an advertisement may be rejected by the procurement administrator if the bidder is not deemed responsible; or the character or quality of the goods and /or services does not conform to requirements; or if the specifications or requirements submitted by the city to the bidder are determined to be faulty or incorrect; or if the public interest may otherwise be served thereby. If the lowest bid received, pursuant to the formal competitive bidding procedure, or in the Des Moines, Iowa, Code of Ordinances Page 6 of 9 MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids appropriate instance the highest bid received, depending upon whether the city is to expend or receive money, is rejected because it is not the most responsible bid, the person or body rejecting it shall immediately state in writing the precise reasons for rejection and file the same in the office of the procurement administrator. (0.14,346) Sec. 2 -734. - Appeal of procurement administrator's determination regarding best bid or rejection of bid. (a) Any bidder or potential bidder who believes that the terms of a bid request are objectionable, or who believes that the procurement administrator or other city staff have not appropriately responded to its questions, objections, or requests for information, clarification or interpretation regarding a bid request, or who believes that the procurement administrator or other city staff have a bias against it or are treating it unfairly, may communicate its concerns in that regard to the city manager or the city council. A bidder or potential bidder who wishes to raise such an issue with the city manager or city council shall first communicate its concerns directly to the city manager, orally or in writing. If the city manager cannot resolve the issue to the satisfaction of the bidder or potential bidder, the city manager shall, at the request of the bidder or potential bidder, forward such concerns to the city council for its consideration. (b) A bidder who is aggrieved by the procurement administrator's determination as to which is the lowest compliant bid, or as to the determination to reject a bid, may appeal such determination pursuant to the administrative appeal process established by the procurement division. (0.14, 346) Sec. 2 -735. - Performance bond, indemnity and insurance. (a) When deemed to be in the public interest by the procurement administrator, bidders may be required to submit a bond, with good and sufficient sureties, in an amount deemed adequate to assure performance of the contract in the time and manner prescribed in the contract, to secure the payment of the bidder's subcontractors and suppliers, and to assure maintenance of the goods. (b) Bidders shall be required to execute an indemnity in favor of the city, agreeing to save, indemnify, and keep harmless the city against all loss, damages, claims, liabilities, judgments, costs, and expenses which may in any way accrue against the city in consequence of the awarding the contract or which may in any way result from the bidder's performance thereof. (c) When deemed to be in the public interest by the city's risk manager, bidders may be required to obtain insurance in form and amounts deemed adequate by the risk manager. (0.14,346) Sec. 2 -736. - Authority to issue purchase orders and to approve and execute contracts for goods and /or services or concession agreements procured by competitive bid; authority to issue change orders to purchase orders and to execute amendments to procurement contracts and concession agreements. (a) The city manager or a procuring department is not authorized to accept any goods and /or services, or to execute a contract for goods and /or services for which a purchase order is required Des Moines, Iowa, Code of Ordinances Page 7 of 9 MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids pursuant to administrative policy, until the procurement administrator has issued the purchase order therefor. (b) In procuring goods and /or services where the cost or revenue to the city will not exceed $25,000.00 annually, the procurement administrator is authorized to issue purchase orders for such goods and /or services, or concessions. Upon issuance of a purchase order by the procurement administrator, if required by administrative policy, the city manager, or the director of the procuring department if authorized by the city manager, is authorized to approve and execute the contract or concession agreement, if any, associated with such procurement. (c) In procuring goods and /or services, or concessions, where the cost or revenue to the city will exceed $25,000.00 annually, the procurement administrator shall make a recommendation to the city council regarding the award of the bid or concession. Upon council award of a bid, the procurement administrator is authorized to execute and issue a purchase order for such goods and /or services. Upon execution and issuance of the purchase order for goods and /or services, if required by administrative policy, the city manager, or the director of the procuring department if authorized by the city manager, is authorized to execute the contract, if any, associated with that procurement. Upon council award of a concession, the city manager, or the director of the procuring department if authorized by the city manager, is authorized to execute the concession agreement. (d) The procurement administrator may approve, execute and issue change orders to purchase orders, authorizing the payment of an additional sum for an additional unit of goods and /or services, when the sum of the original purchase order amount plus the change order amount(s) does not exceed $25,000.00. Upon approval of the city council. the procurement administrator shall issue a change order to a purchase order when the sum of the original purchase order amount plus the change order amount(s) exceeds $25,000.00. If a contract is associated with such purchase order, the city manager, or the department director if authorized by the city manager, is authorized to execute the required contract amendment. (e) The procurement administrator may also approve, execute and issue change orders to purchase orders previously approved by city council when the change order amount(s) does not exceed ten per cent of the original purchase order amount, or $15,000.00, whichever is less. (f) The city manager or a procuring department is not authorized to execute a contract amendment for additional units of good and /or services, for which a purchase order is required pursuant to administrative policy, or to accept such additional goods and /or services, until the procurement administrator has issued the change order to the purchase order. (0.14,346) Sec. 2 -737. - Renewal of contracts awarded pursuant to competitive bid. Contracts for the provision of goods and /or services, or concession procured pursuant to the competitive bid process shall not be for an initial term in excess of one year, and shall not result in the extension of the contract for more than two one -year renewals after the expiration of the initial term. However, as to contracts for goods and /or services or concessions where the cost or revenue will exceed $25,000.00 annually, the city council, the city manager, the airport board or the municipal housing board may provide for an initial term in excess of one year, or may provide for the renewal of such contracts, when such longer initial term or renewals are deemed to be in the best interests of the city. As to contracts for goods and /or services or concessions where the cost or revenue will not exceed Des Moines, Iowa, Code of Ordinances Page 8 of 9 MUNICIPAL CODE Chapter 2 - ADMINISTRATION ARTICLE V. - DEPARTMENTS DIVISION 3. - FINANCE Part 2. - Procurement by Solicitation of Competitive Bids $25,000.00 annually, the city manager, or the procurement administrator if authorized by the city manager, may provide for an initial term in excess of one year, or may provide for the renewal of such contracts, when such longer initial term or renewals are deemed to be in the best interests of the city. Contracts may only be renewed if renewal is provided for in the bid specifications, which shall identify the terms of the renewal and the number of permitted renewals. Compensation to be paid the successful bidder shall not be increased during any renewal term unless such increase is provided for in the original contract and bid specifications. (0.14, 346) Sec. 2 -738. - Assignment of contract prohibited. No purchase order or contract awarded to the lowest bidder or to the highest responsible bidder, as the case may be, shall be assignable by the successful bidder without the written consent of the officer or body which authorized the award. (0.14, 346) Des Moines, Iowa, Code of Ordinances Page 9 of 9 Marian Karr From: Kevin O'Malley Sent: Thursday, December 08, 2011 4:03 PM To: 'tcarro1152240 @gmaii.com' Cc: Marian Karr; Kevin O'Malley Subject: FW: Response to Previous Correspondence to Council re: Authorizing Expenditures Dear Mr. Carroll, Thank you for your comments. I wanted to share with you my response to Mr. Clark's inquiry and his reply below. Also, since that correspondence has occurred, I had finished my review of staff purchasing authority and have had the City Council adopt a new resolution that requires their approval for purchases over $150,000. 1 appreciate your attachment from the City of Des Moines and I am in the process of instituting a similar procedure with staff for City Council approval. Sincerely, Tom Markus, City Manager From: Stephen Clark [ mailto :clark.stephen295 @gmail.com] Sent: Monday, November 21, 20117:14 PM To: Tom Markus Subject: Re: Innoprise Mr. Markus: I appreciate the significant amount of time you have spent responding to my comment. I feel in a way quite guilty that you yourself had to take the time to summarize a transaction that in other cities would have been permanently documented by subordinate staff as part of the regular course of business. I am heartened that you are considering making some changes in the purchasing procedures to hopefully add some transparency and accountability so citizens no longer need to make similar special requests of the chief operating officer. Again, thank you for your time and I hope you have a happy holiday. Regards, Stephen Clark On Wed, Nov 16, 2011 at 10:06 AM, Tom Markus < Tom- Markuspiowa-city.ora> wrote: Dear Mr. Clark: Thank you for taking the time to share your thoughts on this important matter. Shortly after my arrival last December, I became aware of Innoprise's failure. I found that City Council had been alerted to the problems by staff, including through confidential memos and executive session. In my investigation of this software implementation failure, I found that staff was in the process of negotiating the return of payments from the vendor. The City Attorney's office worked with staff and the vendor on a repayment agreement. However, after the first payment was received, Innoprise indicated their assets were purchased by another company, Harris Computer Systems, Inc. The City Attorney's Office has filed a lawsuit against Innoprise, Inc. and Harris Computer Systems, Inc. and is pursuing recovery of the funds. To be clear, while the contract amount approached $800,000, a lesser amount, $254,179, was actually paid to Innoprise as progress payments. You are correct that I, like recent City Managers before me, have authority only up to $50,000 for Professional Services. However, this acquisition fell not under Professional Services, but Capital outlay. With the exception of "public improvement projects" (construction contracts) that, in accordance with state law, require Council approval if in excess of $100,000, expenditures for capital outlay require budget approval by City Council, but not approval of the specific contracts. This authority is outlined in Council resolution no. 07 -261. City Council approved a total of $1,000,000 in the Capital Improvement Plan for this software purchase at least four times (2006- 2009). The State Auditor's Office routinely audits City finances, and awarded a clean bill of health, finding no violations of signature authority. The City Attorney's Office also specifically looked at this issue, and found it to be in compliance with Council resolution and the City's purchasing policies. That said, I am currently in the process of preparing a recommendation to Council regarding the signature authority that Council delegates to the City Manager and revising the purchasing policies with the assistance of the City Attorney's Office and our Purchasing division. Part of that review is whether contracts of this size should have to go to City Council for approval. Because you mentioned the possibility of hiring a Purchasing Agent, I will also note that our Purchasing division has five employees, including two who are certified Professional Public Buyers. They were fully involved in this procurement. In answering your questions about due diligence, I will say that I reviewed the procurement process that resulted in the Innoprise contract. I won't delve deeply into detail, but will say that the decision, with the assistance of an outside consultant, was not made lightly. Following a lengthy process, the decision was made to implement an enterprise resource planning software solution. With the assistance of the consultant, a Request For Proposal (RFP) was developed and sent to over 200 software companies located throughout North America and Europe. As required in the proposal, a question and answer session for vendors was held and several vendors attended in person and by phone. One month later, when the proposals were due, there were seven submissions. The submissions had quoted systems from $800,400 to $5,064,651. Staff did not limit their analysis to initial cost. They reviewed the five year operating costs of each proposal, finding a range of $1.2 million to $6.3 million. The difference between the lowest vendor and the second lowest vendor was substantial, at $270,000. Staff also looked at vendor compliance to the proposal's requirements and determined that the lowest cost vendor met the proposal requirements. Staff then proceeded to contact the required six references and schedule software demonstrations of Innoprise, the lowest bid vendor. After satisfactory references and software demonstrations, the project team staff and additional support staff went and performed site visits to Colorado and Wyoming, where the software was developed, installed and running. Having completed the procurement process without finding any problems, the contract was signed by the Interim City Manager. Further City Council action followed when staff went to Council to hire a project manager to assist in the implementation of the project. Staff prepared a memo for City Council review and discussed at a public meeting the merits of the position. In January 2010, the City Council approved the hiring of a temporary project manager for this software project. Staff went to Colorado for software training in April and was informed that Innoprise's Human Resources/Payroll programmer had quit recently. After a second training trip in May, staff learned of Innoprise's software trainer leaving the company. During the negotiation of the software purchase contract with Innoprise, staff had constructed milestones that had to be met by both Innoprise and City staff. In May of 2010, staff realized that Innoprise would not be able to meet the deadlines. The contract provided either party opportunities to cure deficiencies. Staff thoroughly documented the problems, and a series of demand letters were sent to Innoprise. During that period, other staff from Innoprise left the company and were replaced by consultants hired by Innoprise. It quickly became clear that Innoprise would not be able to deliver the promised software solution in a timely manner, if at all. Consequently, the City terminated the contract. Staff negotiated with Innoprise following the termination for recovery of the $254,179 paid to Innoprise. A settlement was reached for the return of $196,000, via monthly payments of $10,000. After making the first $10,000 payment, Innoprise paid nothing further, breaching the settlement agreement. The City Attorney's Office has filed suit against both Innoprise and Harris Computer Systems, the company that bought the Innoprise assets, in an attempt to recover those funds. I hope this sheds additional light on the long and frustrating history with Innoprise, as well as addressing your concerns about Council authorization and due diligence. Should you have any additional concerns, please feel free to contact me. Sincerely, Tom Markus City Manager 5� g�i■� 6 JIM L. MAYNA" 1909 WINSTON DRIVE -- IOWA CITY, IOWA 52245 -6051 TELEPHONE: 319 - 351 -4636 --------------------------------------- E -MAIL: JLMavnardASLAnaol.com December 8, 2011 The Honorable Matt Hayek, Mayor ° =�' I i and Members of the City Council - .> _ City of Iowa City, Iowa 314 East Washington Street Iowa City, IA 52240 `' C] RE: City considering sale of Southwest Quarter of Chauncey Swan Plaza Block. Mayor Hayek and Members of the City Council: I recently communicated my objections to the proposed sale of the Southwest quarter of the Chauncey Swan Plaza block for private development to City Manager Tom Markus who forwarded my comments and materials to Planning Director Jeff Davidson. After some additional discussion with them, I would like to submit my thoughts and the attached illustrations to you for your consideration. I am opposed to the sale of the southwest quarter of the Chauncey Swan Plaza block for private development because the west half of this block is the best and most logical location for future expansion of the municipal offices and other public and semi- public agency offices. The site would be convenient for those who need to access the offices and would concentrate office employees on the edge of the CBD, to the benefit of CBD businesses. Attached are some photographs of design concepts developed by architect Bob Burns and myself in 1970 for Project GREEN. The photographs are of a model constructed from that design for Project GREEN by Hanson Ho, then a graduate planning student at UL After a presentation to the City Council at that time, the model was given to the City and was on display for a period of time. The purpose of the project was to illustrate the potential of the site and stimulate the imagination as to kind of attractive and functional urban space that could be created in the area. For the South half of the area, the concept envisioned a multi -level activities area which would provide covered spaces for vendors or a farmers' market type space on the lower level as well as a live performance amphitheatre area. I suspect there are many who would like to see the entire half block area preserved as a park with such spaces and activities accommodated. Perhaps it is again time to consider the real possibilities and potential contributions the site could offer to the viability of the CBD. -1- With respect to possible private development, another 3 or 4 story brick and stick student apartment building with a few marginal commercial spaces that end up being used as beer and liquor outlets, pizza and sandwich shops is not what the CBD needs. H the site were developed privately with any student housing included, it would all be all student housing in a matter of time. The only housing development that would benefit the CBD is middle to upper income condominiums or apartments most likely for those employed downtown or those retired or soon to retire. Office development would be most beneficial if a single tenant or 3 or 4 large office tenants could be found. Retail commercial space on the ground floor is not likely to be successful due to the isolated location from other retail spaces. (How much of that is still vacant in other recent construction? I think there is some that has been vacant for 15 years.) This site ultimately has a much more valuable role to play and it should be reserved for that purpose. The key is that whatever use occupies the site, be it public or private, needs to attract or be occupied people who have needs that can be met by businesses in the CBD and who have the means and inclination to satisfy those needs in the downtown area. Other than beer and pizza, those people aren't students. I personally believe the site has much more potential to benefit the CBD and the citizens of Iowa City if developed as an attractive, interesting, exciting, functional, forward looking public space. I have resurrected these ideas from 40 years ago to encourage you to use your individual and collective imaginations to envision and promote a use and development that truly looks to a bright and successful future for downtown Iowa City. Attached: Five photographs of 1970 Civic Plaza design concepts model. Note: I also have the original drawings of the design concept if anyone would like to see them. -2- Fri '71 _< r..w -2- C y r C z z b r N O x i z 0 z d y O i F�+ J O oz I 1 oz 3r 0 x m r� O r G y Vj v N O n i b N d G� 0 b y rr 0 t r � •1 i ir' R+ , �r G r y r l` O r Y y 0 �Oil M� a 3C x �r n y ^, <> F� Z J a � a 7 r r T {� yr N y x 0 ONO oil d c� o o H I r r+ O e F ra f r r IV ff ff ♦ AN I s Marian Karr From: Congressman Dave Loebsack <Rep.Loebsack @mail. house.gov> 5 Sent: Friday, December 16, 2011 10:18 AM To: Council Subject: Iowa City, Coralville, and North Liberty Kids Send Our Troops Holiday Cheer December 16, 2011 Dear Friend, Students from schools across Iowa City, Coralville and, North Liberty have been busily working on a special prof( this holiday season. Over the last few weeks, the students and teachers at Longfellow, Van Allen, Lucas, Rooseve Kirkwood, Coralville Central, and Penn Elementary Schools as well as Southeast Junior High and West High put together holiday cards for our troops. I then sent their cards to be distributed to our servicemembers who are deplc or stationed overseas and to our injured troops who are recovering in military hospitals. I make it a holiday traditii to participate in this great program which sends holiday cards from Americans all across the country to our troops. Over the last several years, I have travelled overseas and to military hospitals during the holidays, and, ea( time, I have brought notes from Iowa students with me. It's hard to describe how much our troops appreciate the wonderful notes our kids write to them. The notes from Iowa City, Coralville, and North Liberty students are no exception. Their simple words of support and holiday wishes are going to make a deployed servicemember's holic just a little bit brighter. I'd like to thank all of the students for their hard work on the cards and their teachers and principals for making tir to send these great holiday wishes to servicemembers who will be spending the holidays away from their families. Sincerely, Dave Loebsack Iowa's Second District Unsubscribe here 1 Marian Karr 5= From: Tom Markus Sent: Wednesday, December 28, 2011 9:16 AM To: 'David Bates'; Council Cc: Council; *All Department Heads Subject: RE: Televising /Streaming of Upcoming Budget Sessions I am ok with placing the cable work sessions on cable. Consistent with our past practice we had not intended to do so. It was my plan to create a cable program that reviewed the budget in detail but which would not have taken close to ten hours of cable time to view what the budget consisted of. My experience is that such a program created greater viewership because it was a more efficient way for citizens to get budget information. If you believe a significant number of our citizens would actually watch the budget work sessions maybe I should reconsider and place them on cable. From: David Bates [mailto:dbatesuiowa @gmail.com] Sent: Tuesday, December 27, 20117:41 PM To: Council Subject: Televising /Streaming of Upcoming Budget Sessions Dear Council: I read the city news release right before Christmas which announced the upcoming Council budget sessions schedule. I looked for but didn't see any information in the release concerning televising /streaming the sessions for citizens. I am assuming this was an oversight and the sessions will be both televised and recorded for later viewing /streaming, but just wanted to make sure by contacting you. I read that the sessions allow for citizen observation but no input is allowed until late in the process, the public hearing, so televising and recording the sessions for replay and streaming would be essential for public education on this complex and important topic. I recall viewing past years' sessions which seemed to cover only capital projects, but not operational /departmental or other financial components of the budget. It would be an improvement to transparency if all budget sessions were televised and archived for later viewing /streaming as other cities do, such as the city of Dubuque and others. Could one of your staff contact me with information on what channel the broadcasted sessions will occur and where I will be able to locate the video archive on the website? Thanks so much for the information and best wishes in 2012. David Bates Iowa City 50) Iowa City Council, 01/02/2012 I'm writing in response to recent announcements that the City administration is proposing eliminating five positions within the city. And in eliminating these positions, it will mean laying employees off. As president of AFSCME Local 183, (we represent the affected employees), I strongly oppose this plan of action. I feel that laying people off in this economy is a very harsh move. These employees were notified of this possible action one week before the Holidays, and just days after reaching a tentative agreement with the Union on a five year deal. I think that this maneuver was deplorable. If budget concerns force reductions in budgeted positions, I believe that some of the "extras" should be cut before you start cutting meat off the bone. Extras like, a full -time temporary "flood mitigation coordinator ". Or a full -time temporary "grant specialist" for flood mitigation. And then there is the recently hired "Lobbyist ". Who in his/her first legislative session, will be lobbying to reduce the contributions to police and fire fighters pension plans. I don't believe it is right to spend tax payers dollars on a lobbyist to lobby against the City's own employees. Maybe the City should discontinue furnishing the Police Chief, Fire Chief and the City Manager a free vehicle with insurance and fuel to drive. I also believe that there are some capital improvement projects that could be eliminated or delayed until the economy rebounds. I think it is hard to explain to someone who is losing his/her job, or to the tax payers, that the City needs a $30,000,000.00 "multi use parking facility ". That will be located less than one block from an existing parking ramp. Or that we can afford to spend millions of dollars for a new "park ". Every day I drive by a beautiful new bridge built over Interstate 80 on North Dodge Street for a new bike trail /side walk, and I wonder to myself. How can the City afford to continue expanding it's infrastructure, when apparently, it cannot afford the personnel to maintain what it has now? I understand that the Council is in the process of constructing next year's budget. And I appreciate the difficulties and challenges that presents. There are so many demands and requests, and only so much money to go around. Especially during these challenging economic times. The union leadership and its membership are aware of this. I believe we demonstrated that in the recent contract negotiations. We came to the table with modest expectations and we demonstrated flexibility on the temp issue. That was an issue we believed we would have prevailed in with a "neutral ". I would hope that the Administration and the Council continue to look hard and long for budget cuts that don't include layoffs. I suggest that you include ALL your employees in that search for ideas. Not taking advantage of all the experience and knowledge you have at your disposal, is a terrible waste of your most valuable assets. cc Tom Markus Sincerely, Steven G. Miller President AFSCME Local 183 _77—rr— 5900) Marian Karr ■�'� From: mfmccarthy @att.net Sent: Monday, January 02, 2012 2:11 PM To: Council Subject: provocative michael mccarthy 22977 Palazo Del Kayla hayward, CA 94541 -3311 January 2, 2012 Mr. Terry Dickens 410 East Washington Street Iowa City, IA 52240 Mr. Dickens: Many Republican politicians and commentators are supporting Mitt Romney, now, hoping that he can draw enough independent votes in key states to win in November. However, Obama is already labeling Romney and Republicans as defenders of the greedy - capitalist 1% who will not fund programs that half the population depends on. Democrats can point out that "the rich" Romney people are spending $10s of millions to destroy Newt Gingrich and that Ron Paul vows to CUT $1 Billion his first year. Ron Paul is getting media attention and drawing "non - romney" votes by running against both the deceitful Democrats and the inept Republicans in Congress. Given the Primary/ Caucus schedule, half the delegates will be selected six months before the convention. Romney could win if he does as well as he did four years ago and gets half of the (establishment) McCain voters in the Jan -March primaries. Yet, $Billions in adverse advertising and free media; and, some social, political, economic and /or military crises will make Romney's "good manager" moniker, irrelevant. The more the system fails, the more people are likely to vote for Ron Paul; and, the more votes he gets, now, the more likely he is to run 3rd party, later. In a crisis we'll forget the "baggage" and want a tried and tested leader. There is one candidate who confounds conventional assumptions. Newt Gingrich is indeed "provocative "; but, that is how he got a Republican majority elected in 1994. And, that's how in spite of Clinton's vetoes, the liberal media rhetoric and special interest money, he freed enterprise with tax cuts, limited government by balancing the budget and fostered civic virtue through entitlement reform. Gingrich is a leader who can go to the heart of an issue and advocate a conservative solution. Sincerely, michael mccarthy 510 - 889 -7488 michael mccarthy sent this message via Congress.org, which uses the Capwiz•XC system. Congress.org is a free public service of Capitol Advantage and Knowlegis, LLC. You may access Congress.org here: http: / /congress.org 'ICJ ;Sosc 5-01 90wa City, Jowa 52244 9.,Wu " 1, 20/2 :�ecdi golon cowloi t, fibout eicowd, 4peis:lu the niq Jjr ;„n bVottirn bb 'a 5g "ll FILED 2012 AN -t, PH 3: 54 CITY CLERK 101VA CITY, lbu ru oLt eoa,,-Jvi� JA'ee� V);,tJz �o 1 �! wit - . ' e � cam e 0 , y� 1 eJvu� ` ! o o�te, go p -vp e& December 9, 2011 To: City of Iowa City Council 5g(12) Subject: Highway I Trail: - P ' F The proposed 8 foot wide trail along Orchard St. I own property at 216 and 210 Douglass Ct. My son, Jay Nelson, owns property at 811 Orchard St. I met with Joshua Slattery on Monday November 1, 2011, regarding the proposed 8 foot wide concrete trail. We reviewed the drawings he had that would involve these properties. It appears that the installation of an 8 foot wide trail would be problematic in regards to existing sewer manhole covers, power line poles and guide wires. If a 4 foot wide cement trail were utilized instead the impact that would occur on the 210 and 216 Douglass properties would be significantly less. Issues affecting the 811 Orchard properties are as follows: 1) What to do with the large tree between the street and existing sidewalk. 2) If the driveway angle would change cars would hit rear bumper or drag underneath. 3) Water drainage would be a problem. 4) Cement trail would be in be within a few feet of residents front porch. We finished discussing the Pros and Cons regarding this 8 foot cement trail. I then asked Mr. Slattery where this trail was continuing from Ochard St. He informed me that the 8 foot trail would join the 4 foot sidewalk in front of the hair saloon and gas station on the south side of Benton street. If this is the current design, the result would be an 8 foot wide cement trail funneling into an existing 4 foot wide sidewalk, which does not make sence from an engineering design prospective. It has already been decided that this project would utilize a 4 foot concrete trail along Miller Ave. and Hudson Ave. If a 4 foot wide concrete trail is satisfactory for those two street, why isn't it sufficient for Orchard Street? Since this project has been designed as a Highway Trail Project, the city should take responsibility for the maintenance, repairs and snow removal. We would strongly advice the city to adopt the 4 foot wide cement trail. Thank you for considering our assessment of the Highway I Project. SRS (\also e� 0 L'i rw_ A, /I xls,# k7 Towa, u vY, Te"''gsz-Lqd Marian Karr From: Andy Brodie <andy @andybrodie.com> Sent: Thursday, January 05, 2012 11:36 AM To: Bob Miklo Cc: Council; PlanningZoning Public Subject: Re: Demolition /development on E. Washington Hi Bob, Thank you for your response. I now understand that rezoning isn't an issue in this case, but it's difficult to be satisfied with a response that's little more than a shoulder shrug. Just because the issue of zoning came up in 2005, does that mean it couldn't have been revisited? If not, why wasn't it revisited? Further, shouldn't there be more of a strenuous review process in place for sweeping changes like this? A property owner has to jump through considerable hoops just to change their roof or redo the steps to their front porch, but demolition permits are handed out without question? Both Jesse Allen and the City had to know full well that the demolition and redevelopment plans would be controversial, and it seems an effort was made to push this through quickly and quietly. In one day, more than 2500 signatures have been added to the online petition. Imagine if the community had been given a real chance to have their voices heard. Best, Andy On Jan 5, 2012, at 11:12 AM, Bob Miklo wrote: > Andy, > There is a lot of misinformation floating around on the web about these properties. > The property where the Red Avocado is located has been zoned Central Business Service (CB -2) since 1983. The owners recently sold the property to a developer who intends to construct a new building according to the current zoning. There is no zoning change requested and the new property owner has the right to develop according to the existing zoning. The zoning allows a mixed use building with commercial on the ground level (which incidentally could accommodate a restaurant such as the Red Avocado) and up to 3 floors of residential apartments or condos above. > The confusion about the zoning maybe a result of someone miss reading the city's maps. The property is not within the Central District Plan referred to in the email below. It is actually within the downtown district. > You should also be aware that the City proposed to rezone that whole block to a lower density zone in 2005, but that zoning action was opposed by the property owners and others and the City Council at that time decided not to rezone the properties. In 2002, the City also considered those properties as a part of a historic conservation district that would have provided more protection and design controls for the buildings. There was also considerable opposition from the property owners to that effort, so the properties were removed from consideration for this protection. > At this point, there is little that the City can do to prevent the demolition of the buildings. The new owner has the right to develop the properties according to current zoning. The City will review all the plans for the new building to make sure it complies with current zoning and building codes. The attached memo provides a little more detail. > Let me know if you have other questions. > Bob > - - - -- Original Message---- - > From: Andy Brodie [mailto:andy @andybrodie.com] > Sent: Wednesday, January 04, 2012 11:21 AM > To: Council; PlanningZoningPublic • Cc: Bob Miklo; Karen Howard; Sarah Walz; Jeff Davidson • Subject: Demolition /development on E. Washington > Dear Council and City Staff - > I am writing to express my opposition to the proposed demolition and re- development of 521 E. Washington and neighboring buildings. I have already signed a growing online petition to this effect but wanted to write to you directly as well. > FYI, the petition is here: http: / /www.change.org /petitions /save- the - red - avocado > I'd like to stress that I am absolutely not opposed to development in general and think that work by the City to plan smartly for new areas of growth /development like Riverfront Crossings are commendable. I have personally made time to attend planning events and provide feedback for such efforts. I have also applauded when the City has worked with developers like Marc Moen to develop /revitalize un- or underdeveloped properties. Other such opportunities remain downtown and in surrounding areas. > But smart growth /planning is made less meaningful if the City then turns around and allows developers to destroy historic, established areas like the E. Washington block that are the heart and soul of our community. Those properties are 100+ years old! > Further, it seems these specific developers are engaging in what I'll call "predatory development" (see also recent Northside Neighborhood talks) -- buying up residential or low- density properties and then asking the City for zoning changes so they can demolish old structures for more profitable and intense development. The City should not be encouraging this behavior. > It's also disturbing that these plans are being made public with so little time for feedback and discussion. > It would be a shame to see such quintessential Iowa City establishments pushed out of business, and it would equally be a shame to see such a wonderful little block destroyed. > Sincerely, > Andy Brodie > 1210 Grant Ct > Iowa City, Iowa > <redavocado.doc> Marian Karr 1 59(13) From: Andy Brodie <andy @andybrodie.com> Sent: Wednesday, January 04, 2012 11:21 AM To: Council; PlanningZoningPublic Cc: Bob Miklo; Karen Howard; Sarah Walz; Jeff Davidson Subject: Demolition /development on E. Washington Dear Council and City Staff - I am writing to express my opposition to the proposed demolition and re- development of 521 E. Washington and neighboring buildings. I have already signed a growing online petition to this effect but wanted to write to you directly as well. FYI, the petition is here: http://www.change.org/petitions/save-the-red-avocado I'd like to stress that I am absolutely not opposed to development in general and think that work by the City to plan smartly for new areas of growth /development like Riverfront Crossings are commendable. I have personally made time to attend planning events and provide feedback for such efforts. I have also applauded when the City has worked with developers like Marc Moen to develop /revitalize un- or underdeveloped properties. Other such opportunities remain downtown and in surrounding areas. But smart growth /planning is made less meaningful if the City then turns around and allows developers to destroy historic, established areas like the E. Washington block that are the heart and soul of our community. Those properties are 100+ years old! Further, it seems these specific developers are engaging in what I'll call "predatory development" (see also recent Northside Neighborhood talks) -- buying up residential or low- density properties and then asking the City for zoning changes so they can demolish old structures for more profitable and intense development. The City should not be encouraging this behavior. It's also disturbing that these plans are being made public with so little time for feedback and discussion. It would be a shame to see such quintessential Iowa City establishments pushed out of business, and it would equally be a shame to see such a wonderful little block destroyed. Sincerely, Andy Brodie 1210 Grant Ct Iowa City, Iowa Petition to save The Red Avocado� To: Iowa City Councilors �y We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washington and neighboring buildings. The proposed new development building's size, height, and residential density are incompatible with the residential character of the neighborhood and the central city plan on file with the City's planning office. C We SUPPORT development that preserves the scale and land use character,'I �s ofthe eest- edge of the downtown commercial district: small, owner - occupied buildingwjthgroun l r` floor commercial establishments and a second story of residential use. T -� ame Address Dat�; �Z IA//�Z I MMMMIT171050j, f M MM, 00, r s a AT FrVF IL 511 PIP 7 M jo , / M"t, l.-N_de,r Lc ? —79-7 Mge1 0M�fM MILT© 5L1 7f 116111 AI e7-o 1 -_7-- V k (all D s� ln1 ' 523 1.© i L_ 4 1� 7jV /Z Petition to save The Red Avocado to: Iowa City - Councilors Ole, the"�un4j signed Red Avocado patrons and supporters, OPPOSE the demolition of 521 . as�ingi .and neighboring buildings. The proposed new development building's size, ,jight,c3nd 0dential density are incompatible with the residential character of the - TrMghb hind the central city plan on file with the City's planning offices. LL _, `r' c c­j We SUOORT development that preserves the scale and land use characteristics of the east edge of the downtown commercial district: small, owner - occupied buildings with ground floor commercial establishments and a second story of residential use. -flame Address Date Cwt a; 1r1 D MAC c.Az7nA2 l ?�2 MuscA -T1kr AyE I C 52 2-to 1-5-1-2- C-i;� L&_ �t� .v-,, C7 Rcp I Mu,4 vis KE—VL 102s AMIA �• C - s- n ^ �'1 n ��4 s;V L4 lay ALA s-2:Z-41 Ir9a3C 4 f d a.VQ, GIGra1(e.05,—y <C.�� 1r1 D MAC c.Az7nA2 l ?�2 MuscA -T1kr AyE I C 52 2-to 1-5-1-2- C-i;� L&_ �t� .v-,, Vc) V'--o'p 3 z," -_C7 C!- 5 z_2_� `i l iS tZ A0,J /Z 15 Petition to save The Red Avocado To. Iowa City Councilors We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washagtpn jjd neighboring buildings. The proposed new development building's size, heighL and rential density are incompatible with the residential character of the ghbo ioc FAd the central city plan on file with the City's planning offices. [i _3>- We�UPORT5d&velopment that preserves the scale and land use characteristics of the east efge of tM drown commercial district: small, owner - occupied buildings with ground flues corrimercja�stablishments and a second story of residential use. N_ Name Address Date r+V( 112euVD_ Nicole Eya .e 0 /S L er) ce C�� l�'C. )AP/I S 2 2- Y 3 1, 0 ztK�u s A SJ-20.6 /0 rL r✓ 1 VAv a Ci b 12 ai_Aw.4L� epr1rc,�UA( kw 10 � �l C,c1 U .PA 0- ► -7 -I Z ye- IZ 6bL� CJ��� - 5r- rGN^ u7 Kasrie Sp���N Ll lo &utul* q�- !— 10- 7 ti �e Kos LN y °I wom�, 2a,v «`z Kuvwlam lam, �I} 1 ►z I I� I12 t(z1tz I -8 Zol2 r"t ZY d fan. lo, 2012 To: Iowa City Councilors We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washington and neighboring buildings. The proposed new development building's size, height, and residential density are incompatible with the residential character of the neighborhood and the central city plan on file with the Cites planning offices. _:r We UPPORT dev.dopment that preserves the scale and land use characteristics of the east ed f thCAoW t iwn commercial district: small, owner - occupied buildings with ground flo omii4rcltj;stablishments and a second story of residential use. C:) Name -� -- I,... � Address Date Kati /L r- It q _-row -. G 7\l J 029'/2 E M aiA.W* 6i . �Iizlau1P �A��CQ.S wa Gkv ,�� 1 "11— t(( « Y / &- Alen 1, l ►� d syy S c n� 33 (y Tu��y� -e fl-ye- I / 3 l 12 -Ltd 5ct,, am- 33 b Hs 61,(21-5 .);.2) �, %��� 3.1 y ,Jcju q /c S� St �� ��c,� -1 �_)� � wy� S I Vol- (, d (� KP"t:u k t a `/ � � l 2 ��(<_x11, 5kVa4W -?(,f t1 -)4.5, s->� _ c - 4 .. ,-Z- N,�j ) To: Iowa City Councilors We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washington and neighboring buildings. The proposed new development building's size, height, and residential density are incompatible with the residential character of the neighborhood and the central city plan on file with the City's planning offices. We SUPPORT development that preserves the scale and land use characteristics of the east edge of the downtown commercial district: small, owner - occupied buildings with ground floor co mercial establishments and a second story of residential use. ti le Address Date LA, Dr WIA ' � I Q � C LEA C (i.,d c \yt 3 (% X i ) s Z 1 Z. D11C // �l-Z /d__ 'L !2 To: Iowa City Councilors We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washington and neighboring buildings. The proposed new development building's size, height, and residential density are incompatible with the residential character of the neighborhood and the central city plan on file with the City's planning offices. We SUPPORT development that preserves the scale and land use characteristics of the east edge of the downtown commercial district: small, owner- occupied buildings with ground floor commercial establishments and a second story of residential use. Nmery Address Date 33 2 f' .Sk.c.w,.r cwc� k N r RE r a MV-10, Yk ter,, r 9 Cee C s l P050 z Z. d wN - Re4 llvdccLAO To: Iowa City Councilors We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washington and neighboring buildings. The proposed new development building's size, height, and residential density are incompatible with the residential character of the neighborhood and the central city plan on file with the City's planning offices. SUPFDR t uelopment that preserves the scale and land use characteristics of the east e ofiedntown commercial district: small, owner - occupied buildings with ground �Lopr coanm l establishments and a second story of residential use. " `" Address Date me r i SAllwSd �05�1 �A � �� yD� Kr.�,�w: r� Sr• 1!311 z W \/(12 ( /J(e—;rh(___C __ 6 /'�h IV, (NM C_, 'F, 1,C, 1. S'(2- CS>2 1 ao 1) . 115 h 11 h h- `I 3 f I1- (' Lo, 4 Q0t G3, C-i�OemaL } - 3 - ) 2_ Qll-,k� biq OtLrj Cl I -� - 12- 1)0ge3 <<,�ore S�nso r 3 �y ��M�I_ 33� 5�►�M�r ��� �2 W \/(12 ( /J(e—;rh(___C __ 6 /'�h IV, (NM C_, 'F, 1,C, 1. S'(2- CS>2 1 ao 1) . 115 h 11 h h- `I 3 f I1- (' Lo, 4 Q0t G3, C-i�OemaL } - 3 - ) 2_ Qll-,k� biq OtLrj Cl I -� - 12- 1)0ge3 I To: Iowa City Councilors We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washington and neighboring buildings. The proposed new development building's size, height, and residential density are incompatible with the residential character of the neighborhood and the central city plan on file with the City's planning offices. We SUPPQRT development that preserves the scale and land use characteristics of the east edge of tfn dowatown commercial district: small, owner - occupied buildings with ground flEar corMnerdal= establishments and a second story of residential use. Name c--, Address Date _70A) s i 17? Vc _ z_r I/ M l (Z <::-,arj g4r_4�4e �),,) 5 3 S lkf,- s� 1 \n_ _ % L )10 1' r r 1�VSc,1. �,,z.lC �c(� -2 r'C�Z ��c�� 5%. G.M �( act Y/ Z 5 C 4 2---., To: Iowa City Councilors We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washington and neigh oring buildings. The proposed new development building's size, height, andaaesidential density are incompatible with the residential character of the ne4Morhe6d iqO the central city plan on file with the City's planning offices. We SUPPORT d6VAopment that preserves the scale and land use characteristics of the east ec, of th2-dow" wn commercial district: small, owner- occupied buildings with ground fl r comser„_W ..establishments and a second story of residential use. ame r Address Date We, 4-t1ji n �2w2 �-oz 7� I << - — L / w.L�-1 ,L-4 . 1— G--.2 e To: Iowa City Councilors We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washm n and neighboring buildings. The proposed new development building's size, h t, an�eside',ptial density are incompatible with the residential character of the n "borf eo6UidAhe central city plan on file with the City's planning offices. _. WeLUPR0117 U-Welopment that preserves the scale and land use characteristics of the east �ge of le db4-3-town commercial district: small, owner - occupied buildings with ground M_r ccmd establishments and a second story of residential use. `' Date Name'" Address Z -(2_ LL fyQk 1 U111- To: Iowa City Councilors We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washington and neighboring buildings. The proposed new development building's size, height, and Elsidential density are incompatible with the residential character of the nei orhood and -tie central city plan on file with the City's planning offices. We PPO` T d`e$!�opment that preserves the scale and land use characteristics of the east o f thFdo ewn commercial district: small, owner - occupied buildings with ground floor comx;er8�a�stablishments and a second story of residential use. Name Address Date �.6 3.-) 5+ S 8 C �vr ��► -..¢ 57-1 01 (�aV& 442� V1 C (06t S. CnjI eLj IawG U, V I ' 5 _ I2 ILP�L.�c'Ikfflr ASS(. V,'<,7A QALLL 'b2tVe CAU 3-'A I / 1. 11 ?, VLi14' (Ark 022•✓e 'L " a� Z4 L 9V2 \1 �Uu,64Y_Novt Ski 'A� rA,-e� V6 /dam r,15(- � X_ To: Iowa City Councilors We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washiron and neighboring buildings. The proposed new development building's size, height, and residential density are incompatible with the residential character of the iQhbojj4004,Z t the central city plan on file with the City's planning offices. x e 1., W SUP O i0velopment that preserves the scale and land use characteristics of the east age o e c�ntown commercial district: small, owner - occupied buildings with ground IjLoor c nt' _oVwial establishments and a second story of residential use. Name;-; " Address Date i,� " «all _IZZC p�bue. ' S� C�r��,i<< V06/ S � b C0Yk\&\ 1 L IZ S- r c 1t! E7 Iii S J�r � S 1 1 01 4l0 12 I 3 q E , lc �`r� i r, -T-o �, �.� , Z/4 22� �r� i JS y% f1 M1 AA 314 I .n1 I a ,. a a A h �� c i y. [t 5Z Z . r17l PRkSc,i1.LA t- ounrrt�r— t4Z-r4 C Te 0t-- tmUW ct ett: j 0 f-riz tc E zz40 J,4rl a t? 2s S6 1171z o 12 1z -2-'-Z- S E 1� i -7/110 12. To: Iowa City Councilors We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washington and neighboring buildings. The proposed new development building's size, height, ajO residential density are incompatible with the residential character of the Veighborbood arijd the central city plan on file with the City's planning offices. aSUP$-ORT �velopment that preserves the scale and land use characteristics of the east e e otle 6i-Amtown commercial district: small, owner - occupied buildings with ground I. loor c�m�rcW establishments and a second story of residential use. E. m:: Names;; Address X. c Date sic 2a 15 1 eLoPa Rr 1�d_�� 5ZZL1 Sot 60\j 0 -T6S),e- vj c w� C.L �f ti n V ©ae. 2.1d c lC- SZ.2 o 3� w� �A st 6 �� S• G�v��o� s acJA C'Vfr./ 1 5�ay`a VL in C h_1\j P fiGA1-,1, / 13s C', c� (t"A A131 Z 'aq1D 4 U To: Iowa City Councilors We, the unkrsigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E shingl*n and neighboring buildings. The proposed new development building's size, hew, ani6sidi. al density are incompatible with the residential character of the nboro� ^the central city plan on file with the City's planning offices. UPMRTdevelopment that preserves the scale and land use characteristics of the east e of i e Mown commercial district: small, owner- occupied buildings with ground floor eryia establishments and a second story of residential use. «, Name Address Date r do J i -_ --�7 - 1 I /- 51-/Z- -/,2— / Z-- i 2 TbW � (bt- 2 2a9 <; /C1 r I& W-ea f /� /r z To: Iowa City Councilors We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washington and neighboring buildings. The proposed new development building's size, height, and residential density are incompatible with the residential character of the neighborhood and the central city plan on file with the City's planning offices. We SUPPORT development that preserves the scale and land use characteristics of the east edge of the downtown commercial district: small, owner - occupied buildings with ground floor commercial establishments and a second story of residential use. Name PIIZ CL� 77 L ` - -J �x Address Zo 1:�2 �_ IV C vJ(uwsbN I 9- pay. y. 11 /6 Date ldx�Zo12- Vez,(,n��n �s � Y? 4-o o, tv . To: Iowa City Councilors We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washingta and neighboring buildings. The proposed new development building's size, hei and.xesideR ial density are incompatible with the residential character of the nej }i orh�od a�'the central city plan on file with the City's planning offices. Cl- j -- j �dge�vUPF t71 ik,,Wlopment that preserves the scale and land use characteristics of the east of drown commercial district: small, owner - occupied buildings with ground floor cog - me4-1 establishments and a second story of residential use. Name Address Date �6ko � Ok�m \/An '91 V`e,� k5l X �� 1!, ��l 9��JG1 ec51-�V o1 14 4 41�� i v To: Iowa City Councilors WeQ undersigned &ed o patrons and supporters, OPPOSE the demolition of 521 E IkWinf; i1 �*n eigh boring buildings. The proposed new development building's size, heAQt, and res.4(Ortial density are incompatible with the residential character of the .*borZod d the central city plan on file with the City's planning offices. We SUMRt velopment that preserves the scale and land use characteristics of the east edge oi�he doiintown commercial district: small, owner - occupied buildings with ground floor commercial establishments and a second story of residential use. Name Ae-u/ � Address Date (�l i �p t.• c 23 ZD m _ -t'o dot 5)� a- h- - xl)(9i ko2v)7"t-� -�) PcTTi o W f0 sANf +Kt, QED AVXAX) To: Iowa City Councilors We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washington and neighboring buildings. The proposed new development building's size, height, and residential density are incompatible with the residential character of the neighborhood and the central city plan on file with the City's planning offices. We SUPPORT development that preserves the scale and land use characteristics of the east edge of the downtown commercial district: small, owner- occupied buildings with ground floor commercial establishments and a second story of residential use. Name Address Date - Cer3 -X. t v AA— Q y.. 1..- LI a `s sA G.� (�I PET1"�ON � SAVE *- (QED AV"bb' To: Iowa City Councilors We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washington and neighboring buildings. The proposed new development building's size, height, and residential density are incompatible with the residential character of the neighborht,-o d and the central city plan on file with the City's planning offices. tPPE)RT a *.elopment that preserves the scale and land use characteristics of the east gof the ddwn��own commercial district: small, owner - occupied buildings with ground orner' a. establishments and a second story of residential use. Name Address Date —� CIS (� �''��� CcZAt s'F , SC�it (�lLtiyv 561 B ✓D W ✓r s t Su)a C,% 112, � �,ex V ,_J vi kkQ__ l Gt NA Ai -e � Z 'fig er / fJi2tiv RIC4 a!W 1/3/12 k ((, (�, `4 � �,— k o" Tf V r-k'(' I ��_V /nT 9 hez-, fx -1 01 \ K,*71 cLb .c,% 3 Lad B1:td h,cJ x _,: tC ),ZO x. A4 Rn 113 I�z �61,fw Cep by -a" 164'^- Petition to save The Red Avocado To: Iowa City Councilors We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washington and Qeighboringpuildings. The proposed new development building's size, height, and residential density are incompatible with the residential character of the neighborhood and the central city plan on file with the City's planning offices. We SUPPORT development that preserves the scale and land use characteristics of the east edge of the downtown commercial district: small, owner - occupied buildings with ground floor commercial establishments and a second story of residential use. Name Address Date V3OpGI' <57, l q -Loll /%7111,-e GriR.s e �a� 1 f 9 /z p/l �gcie.n Rots-if rq °4 0a v. ' 1/7/01011 11 „ P.o r V-r: 04 e (,3 a 9 X.,1 -S -A / 1) r _ ,Zau/u rwL, a- ;,7i CL? Elias Z 4 AeD Y19�� V ) 2— v(,162 C) ter" 4 Petition to save The Red Avocado To: Iowa City Councilors We, the undersigned Red Avocado patrons and supporters, OPPOSE the demolition of 521 E Washington and neighboring buildings. The proposed new development building's size, height, and .T$sidential density are incompatible with the residential character of the neig oncc't 'd and_the central city plan on file with the City's planning offices. �J° } .". W41 iJPPAT ¢'Gene opment that preserves the scale and land use characteristics of the east eALJ of t1W do%(16wn commercial district: small, owner - occupied buildings with ground floor corjmeer-i.il,7establishments and a second story of residential use. -.. y Address Date Name ym, Yn 4 IV, i bw± S t, J / /�// UI 10q/ ��ssti^ rL ��� <3 1 % 7-- � ::Nt D V45 Z-f Iy \\ l 07-1 �. ►512 K G Petition to save The Red Avocado To: Iowa City Councilors W 4�'hin#ton,�Ane—ighboring e unrsigned d ocad patrons and supporters, OPPOSE the demolition of 21 E buildings. The proposed new development building's size, hot, a4 �pntial density are incompatible with the residential character of the i hboEYoo4_, the central city plan on file with the City's planning offices. ` SUV_?—OIT4velopment that preserves the scale and land use characteristics of the east edge dl�the ldWntown commercial district: small, owner - occupied buildings with ground floor @mmeftial establishments and a second story of residential use. Name Address Date N, 0� � �2 PGA r`s�rZ 1A ri N -6-S Gti1, 1-.c. 304 Is `►rt [ d( 2012 ' ��o 12, Petition to save The Red Avocado To: Iowa City Councilors We, the undersigned Red vorad patrons and supporters, OPPOSE the demolition of 521 E Washington and neighboring buildings. The proposed new development building's size, height, and residential density are incompatible with the residential character of the neighborhood and the central city plan on file with the City's planning offices. We SUPPORT development that preserves the scale and land use characteristics of the east edge of the downtown commercial district: small, owner - occupied buildings with ground floor commercial establishments and a second story of residential use. Name Address Date All, s-1A 52 aaWt> et -IC-4 5 1� Ukq& 6 d,71(2 1 -5--) 2 1416 $uresh k4d 1 --7-- 17— V\ r .e t .-- C) 13Le V\ r .e