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Home My WebLink About2012-05-15 Resolution0 MIN Wj 3c 12) ■ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 12 -229 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Southside Liquor & Tobacco — 601 Hollywood Blvd. Suite 1 Passed and approved this 15th day of May 20 12 d4N-'��d I n MAYOR - / Approved by ATTEST: CIT LERK City Attorney's Office It was moved by Champion and seconded by nobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton M� 3d(1) IMM ■■ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -230 CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER DURING ARTS FEST, JAZZ FEST, AND SAND IN THE CITY WITHIN A SPECIFIED AREA ON A CITY STREET. WHEREAS, section 4 -5 -3D of the City Code allows private entities to sell beer and persons to consume beer in a city park, on public right -of -way or on a city ground excluding public buildings under limited circumstances; WHEREAS, Summer of the Arts, Inc. would like to be able to sell beer in a demarcated area on a City street during Arts Fest, Jazz Fest, and Sand in the City; and WHEREAS, it is in the City of Iowa City's interest to execute the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest to the attached agreement. Passed and approved this 15th day of 6 MAYOR ATTEST: - 1-/ CITY`10LERK Approved by City Attorney's Office 2012. S^- S - � Resolution No. 12 -230 Page 2 It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x - x x x x Champion Dickens Dobyns Hayek Mims Payne Throgmorton 2012 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER DURING IOWA ARTS FESTIVAL, AND IOWA CITY JAZZ FESTIVAL AND SAND IN THE CITY This Agreement is made between Summer of the Arts, Inc. ( "SOTA ") and the City of Iowa City, a municipal corporation ( "City "), in Iowa City, Iowa. WHEREAS, SOTA is an "authorized entity" as that term is defined in section 4 -5 -3D of the City Code; WHEREAS, SOTA has applied for a license to sell beer during the Iowa Arts Festival ( "Arts Fest "), and the Iowa City Jazz Festival ( "Jazz Fest ") and Sand in the City ( "SitC ") in downtown Iowa City; and WHEREAS, the parties wish to enter into an agreement to allow SOTA to sell beer and to allow persons to possess and consume beer under limited circumstances on downtown City streets. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. a) Arts Fest. In consideration for SOTA's promises herein, the City agrees to allow SOTA control over the area in the 200 -block of Iowa Avenue from June 1, 2012 through June 3, 2012 as shown on the diagram which is attached, marked Exhibit A, and incorporated herein ( "Arts Fest authorized site "). b) Jazz Fest. In consideration for SOTA's promises herein, the City agrees to allow SOTA control over the area east of MacBride Hall on N. Clinton Street from June 29, 2012 through July 1, 2012 as shown on the diagram which is attached, marked Exhibit B, and incorporated herein ( "Jazz Fest authorized site "). c) SitC. In consideration for SOTA's promises herein, the City agrees to allow SOTA control over the area in the 100 -block of Iowa Avenue from August 10, 2012 through August 12, 2012 as shown on the diagram which is attached, marked Exhibit C, and incorporated herein ( "SitC authorized site "). 2. Term. This agreement shall commence on June 1, 2012 and shall expire on June 3, 2012 for Arts Fest, shall commence again on June 29, 2012 and shall expire again on July 1, 2012 for Jazz Fest, and shall commence again on August 10, 2012 and shall expire on August 12, 2012 for SitC. 3. Access. SOTA shall take all reasonable steps to ensure that every person on the authorized site has a stamp or wrist band for entry or is an employee of, an independent contractor of, or volunteer for SOTA and shall exclude any person who is not. 4. License. This agreement is void if SOTA does not have a license to sell beer on the Arts Fest authorized site at any time during the period of June 1, 2012 through June 3, 2012, on the Jazz Fest authorized site at any time during the period of June 29, 2012 through July 1, 2012, and on the SitC authorized site at any time during the period of August 10, 2012 through August 12, 2012. 5. Sale of Beer and Alcohol Restrictions. SOTA shall only sell beer to a person who is over twenty -one (21) years of age. SOTA acknowledges that the authorized sites are subject to all applicable alcohol restrictions in the City Code including Ordinance No. 10 -4388 that restricts entry to those over twenty -one (21) years of age after 10:00 p.m. with limited exception. 6. Advertisement. SOTA shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site with the exception that signage may be placed on the interior tent wall. Sponsorship signage unrelated to businesses selling alcohol, beer, wine, or tobacco will be allowed. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized sites without any prior notice to determine compliance with the terms of this agreement. 8. Debris and Trash. SOTA shall be solely responsible for collecting all debris and trash from the authorized sites, and the City shall then remove the debris and trash. If SOTA fails to do so and if City staff has to collect the debris and trash from the authorized sites, SOTA may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. No Smoking. Smoking is prohibited in the authorized sites, and SOTA shall post a no- smoking a sign at the front entrance to the authorized sites and two signs inside the authorized sites. The signs shall comply with Iowa Code Section 142D.6 (2011). 10. Temporary Toilet Facilities. SOTA shall provide at its sole cost eight (8) temporary toilet facilities during Arts Fest in the location shown on Exhibit A, twelve (12) temporary toilet facilities during Jazz Fest in the location shown on Exhibit B, and five (5) temporary toilet facilities during SitC in the location shown on Exhibit C, including two (2) that are handicap accessible. 11. Occupancy and Exits. The maximum occupancy load of the Arts Fest authorized site is 288 persons, the Jazz Fest authorized site is 406, and the SitC authorized site is 133 persons, and SOTA is solely responsible for maintaining the occupancy limits. SOTA shall post a sign with the maximum occupancy load inside the authorized site. SOTA shall maintain two (2) exits in each authorized site and post "exit" signs at both exits, with the location and size of the signs to be approved by the City Fire Department. Each exit must be a minimum 36 inches in width. 12. Anchoring and Drilling. SOTA shall not drill any holes into the pavement or the sidewalk and shall not anchor a tent tie down or pole to the pavement or the sidewalk. 13. Fencing. At a minimum, the authorized site shall be enclosed by a double row of fencing. If available, the City prefers a fencing product that is a single fence 2 that consists of six feet (6') interlocking panels with a mesh that does not allow for a container of beer to get passed from through the fencing. 14. Fire Lane. SOTA shall maintain a fire lane of twenty feet (20') between the outside fence and the vendors across the street, unless approved by the Fire Code Official. 15. Insurance. a) Premises Insurance. From June 1, 2012 through June 3, 2012, from June 29, 2012 through July 1, 2012, and from August 10, 2012 through August 12, 2012, SOTA shall carry comprehensive general liability insurance for bodily injury and property damage on the Arts Fest, Jazz Fest, and SitC authorized sites respectively in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. SOTA shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. SOTA shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. From June 1, 2012 through June 3, 2012, from June 29, 2012 through July 1, 2012, and from August 10, 2012 through August 12, 2012 shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2011) in the amount of $500,000 (five hundred thousand dollars). SOTA shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. c) Governmental Immunities Endorsement. SOTA shall obtain a governmental immunities endorsement that meets the requirements set forth on Exhibit D, which is attached and incorporated herein. 16. Indemnification. SOTA shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City, its officers, employees and agents any claim against the City, its officers, employees, and agents arising out of the use of the authorized site or sale, consumption, or possession of beer on the Arts Fest, Jazz Fest, and SinC authorized sites. 17. Non - Discrimination. SOTA shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 3 18. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 19. Assignment and Subletting. SOTA shall not assign or sublet this agreement without prior written approval of the City. 20. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. Dated, this 15 th SUMMER OF THE ARTS, INC. By: THE CITY OF IOWA CITY ?)� k Marian K. Karr, City Clerk day of May 2012. Matthew J. Ha'Kk,,Mayor SUMMER OF THE ARTS, INC. ACKNOWLEDGMENT STATE OF IOWA ) SS: JOHNSON COUNTY This instrument was acknowledged before me on / , - /7 - - - - - - etc.) of Summer of the Arts, Inc. oft 1.4 61 ,2012 by (name(s) of person(s)) as (type of authority, e.g, officer, trustee, Notary Publi i and for the State of I My Commission expires: o� MARY MEN. C.CHRISTY COMMISSION # 145459 * MYCOMMISSIONIXPIRES IOWA 0 CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /5 �h day of AM g , 2012, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o SONDRAE FORT Commission Number 159791 My Commission Expires 7 �go as Appro ,b,y73 City Attorney's Office Notary Public in and for the State of Iowa My Commission expires: 317/a0V5 5 9 My piag uopeindtuo:) awl a }EQ @ WPN I-oss v,b k V, o `4p rnG) a a m d t� c IP 0 m x x !P ■ ■s ■■■ MEN _ . MEN ■■■ ■■■■�i■■■ ■: piag uopeindtuo:) awl a }EQ @ WPN I-oss v,b k V, o `4p rnG) a a m d t� c IP 0 m x x �.i X05 T _ �s5 awl P!a9 I �� I�� 0 a f 0 0 G d� ice mmmm m mw Rol C ■ ■ NOME ■■ 11MIAMI ■N ■■ ■■ ■MEMO AIMSE WRI33 1. i ■A ■■■■S 111■i. ■Ill ii ON ■■NE 00111, 17d i■� ■I ■ ■■NOMINEE ■■ ■■■■i ■ ■■ ■s somm am"NU■■■■■■N soon summ ■■■■■■N ME HME t' ■■■■■■S mass S■ ■■■ ■■ ■ ■ ■ME .NEM ■ -ME ®e ■ ■ ■ ■■■�: ■ awl P!a9 I �� I�� 0 a f 0 0 G aweN d� m C aweN 5tv I du 5 s �5� G 5 9� d 0 0 0 dd A �� m ppq uoileindwo3 2Wf1 mien - -I .- . . (w V x'631 -M n= ■� ■ ■'� ■ ■■ ®1111■■■ 1111 Fluff 111 ■■■■■■■!!1:i ■■ MEN[ ■■iMC! ■■■ • ®MEMNO■ mom .\ ■■ i ' Zmu 1 ENO ' No momm■ m , • " I� Kim, ` ■■■1111■■■■■ I■■ ■1■■■■■■ ■■■ mo-MEMEMEMINE%lom d 0 0 0 dd A �� m ppq uoileindwo3 2Wf1 mien - -I .- . . (w V x'631 -M n= City of Iowa City, Iowa Governmental Immunities Endorsement 1. Non - waiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Iowa City, Iowa as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, Iowa, shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Iowa City. 4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. M +3 onnlr- 3d(2) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -231 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF JUDGMENT. WHEREAS, the City obtained a small claims judgment against Max A. Hilton in April 2011; WHEREAS, Mr. Hilton requested and received a payment plan of $100 per month from the Court, he has been making his monthly payments, and there remains a balance of approximately $990; WHEREAS. Mr. Hilton has requested that the City release the judgment from a property that he owns with his daughter; and WHEREAS, the judgment should be partially released because he is making payments as ordered and it is not his homestead. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Upon the direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest to a partial release of judgment in City of Iowa City v. Hilton, Johnson County case no. SCSC079152 for the property legally described as follows: Lot 54, Cedar Springs - Part Two, North Liberty, Iowa according to the plat thereof recorded in Book 49, Page 58, Plat Records of Johnson County, Iowa, subject to easements, agreements, covenants, and restrictions of record. Passed and approved this 15th day of May , 2012. ATTEST: CITftLERK 6:-� MAYOR Approved by City Attorney's Office Resolution No. Page 2 12 -231 It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x — x x x x Dobyns the Champion Dickens Dobyns Hayek Mims Payne Throgmorton /)A43 5- Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -232 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 14, 2012 THROUGH JULY 8, 2012. WHEREAS, section 4 -5 -3D of the City Code allows private entities to sell wine and beer and persons to consume wine and beer in a city park, on public right -of -way or on a city ground excluding public buildings under limited circumstances; WHEREAS, Riverside Theatre would like to be able to sell wine and beer in City Park in conjunction with Riverside Theatre Shakespeare Festival performances and related events from June 14, 2012 through July 8, 2012; and WHEREAS, it is in the City of Iowa City's interest to execute the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest to the attached agreement. Passed and approved this 15th day of May 2012. ATTEST: ,ate, f� -C CITY LERK MAYOR Approved by City Attorney's Office Resolution No. 12-2-32 Page 2— It was moved by Champ ion and seconded by nobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion x Dickens x Dobyns x Hayek x Mims _x Payne x Throgmorton AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RIVERSIDE THEATRE TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND WINE IN CITY PARK This Agreement is made between Riverside Theatre (hereinafter "Riverside ") and the City of Iowa City, a municipal corporation (hereinafter "City "), in Iowa City, Iowa. WHEREAS, Riverside is an "authorized entity" as that term is defined in Iowa City City Ordinance No. 04 -4123, codified at section 4 -5 -3D of the City Code; WHEREAS, Riverside has applied for a license to sell beer and wine for 213 N. Gilbert Street, Iowa City, Iowa and intends to apply to transfer said license to an area in City Park in and around the Riverside Theatre Festival Stage; and WHEREAS, the parties wish to enter into an agreement to allow Riverside to sell beer and wine and to allow persons to possess and consume beer and wine under limited circumstances in City Park. THE PARTIES THEREFORE AGREE AS FOLLOWS: Authorized Site. In consideration for Riverside's promises herein, the City agrees to allow Riverside control over the following area within City Park from June 14, 2012 through July 8, 2012: The area shall begin at the northeast corner of the festival stage box office and continue on a straight line east 25 feet. The line will then make a right angle turn to the south and continue for 150 feet. The line will then make a right angle turn to the west and continue for 100 feet. The line will then make a right angle turn to the north and continue 50 feet until it meets the festival stage. ( "authorized site ") Attached, marked Exhibit A, and incorporated herein is an illustration of the authorized site. 2. Term. This agreement shall commence on June 14, 2012 and shall expire on July 8, 2012. 3. Access. Riverside shall take all reasonable steps to ensure that every person on the authorized site has a ticket or invitation to that day's event or is an employee of, an independent contractor of, or volunteer for Riverside and shall exclude any person who is not. 4. License. This agreement is void if Riverside does not have a license to sell beer or wine on the authorized site at any time during the period of June 14, 2012 through July 8, 2012. 5. Sale of BeerNVine. Riverside shall only sell beer or wine to a person who is over twenty -one (21) years of age and who has a ticket or invitation to that day's event or is an employee of, an independent contractor of, or a volunteer for Riverside. 6. Advertisement. Riverside shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized site without any prior notice to determine compliance with the terms of this agreement. 8. Debris and Trash. Riverside shall be solely responsible for collecting all debris and trash from the authorized site, and the City shall then remove the debris and trash. If Riverside fails to do so and if City staff has to collect the debris and trash from the authorized site, Riverside may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. Insurance. a) Premises Insurance. From June 14, 2012 through July 8, 2012, Riverside shall carry comprehensive general liability insurance for bodily injury and property damage on the authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate, shall name the City as an additional .insured, and shall include the Governmental Immunities Endorsement, a copy of which is attached, marked Exhibit B, and incorporated herein. Riverside shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. Riverside shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. From June 14, 2012 through July 8, 2012, Riverside shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2011) in the amount of $500,000 (five hundred thousand dollars). Riverside shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall 2 automatically terminate this Agreement. 10. Indemnification. Riverside shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer or wine on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of the authorized site or sale, consumption, or possession of beer or wine on the authorized site. 11. Non - Discrimination. Riverside shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 12. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 13. Assignment and Subletting. Riverside shall not assign or sublet this agreement without prior written approval of the City. 14. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. RIVERSIDE THEATRE THE CITY OF IOWA CITY WITNESS: Marian K. Karr, City Clerk 3 THE CITY OF IOWA CITY Matthew J. Hayek, Mayor RIVERSIDE ACKNOWLEDGMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) This instrument was aYknowledjTd before me onVl�- �' 2012 by \l G � (name(s) of person(s)) as k+54; z- 7�Ye (type of authority, e.g, officer, trustee, etc.) of Riverside Theatre. Notary Public in and for the State of Iowa My Commission expires: —7 -2 -7 — OT 11 KATHLEEN M THORNTON �'P�°� Commission Number 764003 CITY ACKNOWLEDGMENT - -• My Commission Expires 7 —a-7— X� STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 54�- day of MA , 2012, before me, the undersigned, a notary public in and for t e State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. iml SONDRAE FORT Commission Number 159791 My Commission Expires g �o Approved by: City Attorney's Office &" a" Vw+ Notary Public in and for the State of Iowa My Commission expires: Il . (' b110 Q ! to 4 . w A S• A 4 i n t r r� to 4 . w A S• A 4 i n d h n T lv . - K, !a s fi h 1 �8 t Q ro a� n G y� ' � d d h n T lv . - K, !a s fi h 1 �8 t Q ro EXHIBIT B City of Iowa City, Iowa Governmental Immunities Endorsement 1. Non - waiver of Government Immunitv. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Iowa City, Iowa as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, Iowa, shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Iowa City. 4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. 5 M- Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -233 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 15 REGAL LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owner of the property on June 1, 2011, recorded on June 13, 2011, in Book 4763, Page 100 through Page 105, in the Johnson County Recorder's Office covering the following described real estate: Lot 75, Lakeside Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 9, Page 99, Plat Records of Johnson County, Iowa, and subject to easements and restrictions of record. WHEREAS, University of Iowa Community Credit Union has executed a loan and is securing the loan with a mortgage, on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by the proposed mortgage in order to induce University of Iowa Community Credit Union to secure first position on such a loan; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above - described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 15th day of May , 20 12 MAYOR ATTEST: A -� CITftLERK Approved by i � �- - d -,� City Attorney's Office It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: x x X x x x NAYS: ABSENT: Champion x Dickens Dobyns Hayek Mims Payne Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $4,285, and was executed by Lillian Williams (herein the Owner), dated June 1. 2011, recorded June 13, 2011, in Book 4763, Page 100 through Page 105, Johnson County Recorder's Office, covering the following described real property: Lot 75, Lakeside Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 9, Page 99, Plat Records of Johnson County, Iowa, and subject to easements and restrictions of record. WHEREAS, the Financial Institution has loaned the sum of $95,200 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 15t'tday of May..., 2012. CITY OF IOWA CITY By / ' n Mayor Attest: Nfl CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION B Y Mortgag Loan Officer – Ryan Doehrmann On this t5 -r4 day of MAL4 , 20 /a- , before me, the undersigned, a Notary Public in and for the State of a, personally appeared NIAA -4w -T AcN.P-K and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (9rdinance) (Resolution) No. ia– a33 _ passed (the Resolution adopted) by the City Council, under Roll Call No. ---- -• of the City Council on the /5 ` day of M-Ao , 20 Id– , and that Moc" h4, w -• �a u e x and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SO IDRAE FORT _ commisslon Number 156791 • My commission 0o" Notary Public in and for the State of Iowa • pw 3 ? 290! LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 30th day of April, 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ryan Doehrmann, to me personally known, who being by me duly sworn, did say that he /she is the Mortgage Loan Officer of University of Iowa Community Credit Union, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Ryan Doehrmann acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/ er volun rily executed. Notary Oublic in and for the State of Iowa — Ian Sara "� IAN SARA My Commission expires: Cammi90m Number 786780 My�Co^ri �s�ion E,�piros r CITY OF IOWA CITY ""W" . ,W,� -� MEMORANDU M 3d15) Date: May 5, 2012 l To: Tom Markus, City Manager From: Marcia Bollinger, Public Art Program Coordinato Re: Agreement for installation of mural on City owned property at 220 S. Dubuque Street with Marc Moen (sponsor) and Eliezer A. Sotillo Rodriguez (artist). Introduction: Marc Moen is interested in sponsoring a mural on the north wall of the Dubuque Street Parking Ramp that faces the Hotel Vetro and Plaza Towers. The mural would be painted by a local artist Eliezer A. Sotillo Rodriguez. The goal is to provide some visual interest for those residents /visitors to the hotel and condominium project as well as the community as a whole. History /Background: On September 1, 2011, Marc Moen and Eliezer A. Sotillo Rodriguez met with the Public Art Advisory Committee to present the concept for a mural. Although the mural will be funded by Marc Moen, the committee reviewed the proposal because it is going to utilize a City owned building. The general concept for the design is described by Eliezer as follows: "I believe that we as people should strive to live with acceptance of differences, regardless of race, creed, gender, sexual orientation, or religious beliefs. In order for a community to function peacefully, members must continue to embrace diversity. Learning to understand perspectives that are unlike our own and practicing unity amongst a larger collective will foster "solidarity". The design of the mural involves hands reaching out to one another and to those who are viewing the mural. In order to maintain a sense of mystery about the mural, we have been asked not to release the concept sketch so that it continues to be a source of interest to the community as the mural unfolds. Recommendation: The City Council approves the resolution authorizing the agreement with Marc Moen (sponsor) and Eliezer A. Sotillo Rodriguez (artist) for the north wall of the Dubuque Street Parking ramp for purposes of painting a mural. T M -15 Prepared by: Sarah E. Holecek, First Asst. City Atty.; 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 12 -242 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ELIEZER A. SOTILLO RODRIGUEZ (ARTIST) AND MARC MOEN (SPONSOR) FOR INSTALLATION OF MURAL ON CITY OWNED PROPERTY AT 220 S. DUBUQUE STREET AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, said property at 220 South Dubuque Street contains a municipal parking facility owned by the CITY, and said parking facility has a large north facing concrete wall; and WHEREAS, SPONSOR has offered to contract with ARTIST and provide all funding required for the creation and installation of a mural on said wall; and WHEREAS, the CITY, on the recommendation of the Iowa City Public Art Advisory Committee, has accepted the concept for the mural design on the north facing wall at 220 South Dubuque Street to be completed by Eliezer A. Sotillo Rodriguez, the ARTIST. Said mural is hereinafter collectively referred to as the ART WORK. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement, a copy of which is attached, between the City of Iowa City and Eliezer A. Sotillo Rodriguez (Artist) and Marc Moen (Sponsor), which memorializes the relative rights and responsibilities of the parties hereto regarding completion of the ART WORK and maintenance of the parking facility wall is hereby approved as to form and content. 2. The Mayor is hereby authorized to sign and the City Clerk to attest said Agreement upon direction of the City Attorney's Office. Passed and approved this 15th day of May 2012. MAYOR ATTEST: CIT CLERK A prov d�! City At rney's O Ice S'- x-12 Resolution No. 12 -242 Page 2 It was moved by Champion and seconded by —tea the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x_ Dickens x Dobyns x Hayek x Mims x x Throgmorton CITY OF IOWA CITY AGREEMENT FOR INSTALLATION OF MURAL ON CITY OWNED PROPERTY AT 220 S. DUBUQUE STREET, BY AND BETWEEN CITY, ARTIST, AND SPONSOR THIS AGREEMENT is made on a 15 as between the City of Iowa City, hereinafter referred to as the CITY, who is th4 owner of the property located at 220 S. Dubuque Street, Eliezer A. Sotillo Rodriguez, hereinafter referred to as ARTIST; and Marc Moen, hereinafter referred to as SPONSOR. The CITY'S REPRESENTATIVE shall be the City Manager or his /her designee. The COMMITTEE shall be the Iowa City Public Art Advisory Committee. WHEREAS, said property at 220 South Dubuque Street contains a municipal parking facility owned by the CITY, and said parking facility has a large north facing concrete wall; and WHEREAS, SPONSOR has offered to contract with ARTIST and provide all funding required for the creation and installation of a mural on said wall; and WHEREAS, the CITY, on the recommendation of the COMMITTEE, has accepted the proposal for a mural on the north facing wall at 220 South Dubuque Street to be completed by Eliezer A. Sotillo Rodriguez, the ARTIST. Said mural is hereinafter collectively referred to as the ART WORK. Said proposal is accepted, in concept but not in methodology of execution, and this Agreement shall memorialize the relative rights and responsibilities of the parties hereto regarding completion of the ART WORK and maintenance of the parking facility wall. NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Parties rights and responsibilities 1.1 General a. The SPONSOR shall contract with the ARTIST and be solely responsible for any funding required for the creation and installation of the mural on the north facing wall at 220 South Dubuque Street. b. The CITY'S REPRESENTATIVE shall have the right to review the ART WORK at reasonable times during the creation and installation thereof. 1.2 Maintenance and Longevity a. The ARTIST and the SPONSOR shall be responsible for the long term maintenance and longevity of the mural. The CITY retains no ownership of or liability for the ART WORK. b. However the CITY, as OWNER of the structure upon which the ART WORK is to be installed, reserves the right, in its sole discretion, to perform any maintenance activities on the north facing wall of the structure, including but not limited to, joint calking, sealing, or sand blasting, without having any requirement or obligation to replace, refurbish, pay compensation or reimbursement for any part of the ART WORK that may be damaged or destroyed, and CITY makes no warranties that any such actions will not result in damage or destruction to said ART WORK. Further, CITY, as OWNER of the structure may, in its sole discretion, take any other actions consistent of the public use of said structure or public necessity without having any requirement or obligation to replace, refurbish, pay compensation or reimbursement for any part of the ART WORK that may be damaged or destroyed, and CITY makes no warranties that any such actions will not 2 result in damage or destruction to said ART WORK. c. The SPONSOR and the ARTIST agree that they will not intentionally damage, alter, modify or change the ART WORK without the prior written approval of the CITY. 1.4 Risk of Loss The risk of loss or damage to the ART WORK shall be borne by the SPONSOR and the ARTIST. Again, should the City, as OWNER of the structure upon which the ART WORK is to be installed determine, in its sole discretion, that the north facing wall at 220 South Dubuque requires any type maintenance, including but not limited to joint calking, sealing, or sand blasting, without having any requirement or obligation to replace, refurbish, pay compensation or reimbursement for any part of the ART WORK that may be damaged or destroyed, and CITY makes no warranties that any actions it may take regarding the structure will not result in damage or destruction to said ART WORK. Article 2. Warranties 2.1 Warranties of Title. The ARTIST represents and warrants that: (a) the ART WORK is solely the result of the artistic effort of the artist; (b) the ART WORK is unique and original and does not infringe upon any copyright; and (c) the ART WORK is free and clear of any liens from any source whatever. 2.2 Warranties of Quality and Condition The ARTIST represents and warrants that: (a) the execution and fabrication of the ART WORK will be performed in a workmanlike manner; (b) the ART WORK, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the ART WORK; and (c) the ART WORK can be preserved and maintained in place for a period of at least two years. Article 3. ARTIST as Independent Contractor. The ARTIST shall perform all work under this Agreement as an independent contractor with whom the SPONSOR solely is contracting and not as an agent, employee or contractor of the CITY. The ARTIST shall not be supervised by any employee or official of the CITY, nor shall the ARTIST exercise supervision over any employee or official of the CITY. Article 4. General Terms 4.1. The ARTIST and SPONSOR shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: 4.1.1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 4.1.2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 4.2 Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 3 Article 5. Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged. herein and superseded hereby. Article 6. Modification No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the CITY. Z A IST L . E ' . S till odriguez SPO cM CITY e Matthew J. Hayek, Mayor ATTEST Marian K. Karr, City Clerk "U5 3d(6) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -234 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 213 E. MARKET STREET, IOWA CITY, IOWA. WHEREAS, on September 29, 2005, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 213 E. Market Street, Iowa City, Iowa from a Mortgage recorded October 7, 2005, Book 3949, Page 552 through Page 556 of the Johnson County Recorder's Office. Passed and approved this 15th day of May , 20 12 MAYOR A _8pproved by ATTEST: // - � `f'rj, _ ��i'�� 7�-- �� CITY CLERK City Attorney's Office It was moved by Champion and seconded by nobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Wesley Foundation of Iowa at Iowa City Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 213 E. Market Street, Iowa City, Iowa, and legally described as follows: Lot three in block 67, Original Town of Iowa City, according to the recorded plat thereof in Johnson County, Iowa. from an obligation of the owner, Wesley Foundation of Iowa at Iowa City, to the City of Iowa City represented by a Mortgage recorded October 7, 2005, Book 3949, Page 552 through Page 556 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CITY CLERK STATE OF IOWA ) ) SS: JOHNSON COUNTY ) MAYOR ^� Approved by S- -t — fC), City Attorney's Office On this 15 4k day of MAu , A.D. 20 /3- , before me, the undersigned, a Notary Public in and for said County, in said State, personally Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No., adopted by the City Council on the JS— day &P _MA_y , 20 / a and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the executioA of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SON&M FORT rr Commission Number 159791 S&ndnsu 1-c, ^� My Commission Expires Notary Public in and for Johnson County, Iowa .3 -7 ao! � r 1 •' " 44 CITY OF IOWA CITY 3d(7) MEMORANDUM DATE: May 3, 2012 TO: Tom Markus, City Manager FROM: Rick Fosse, Public Works Director 1`-- RE: License Agreement with iWireless LLC — May 15, 2012 Introduction: Wireless LLC desires to install a buried conduit containing an electrical transmission line within City of Iowa City public right -of -way. History /Background: A cell phone tower is being proposed to be placed atop the Johnson County Health and Human Services Building at 855 S. Dubuque Street by Wireless LLC. To provide electrical service to the cell phone tower, Wireless LLC desires to place an electrical transmission line within S. Dubuque Street public right -of -way. This electrical transmission line will be owned and maintained by Wireless LLC. Financial Impact: There will be no financial impact to the City. Discussion of Solution: To enable Wireless LLC to install said electrical transmission line, staff has drafted a License Agreement between the City of Iowa City and Wireless LLC. This Agreement will allow Wireless LLC to install, operate, and maintain a buried conduit containing an electrical transmission line within City of Iowa City public right -of way. Recommendation: Staff recommends the authorization of the License Agreement with iWirelesss LLC at the May 15, 2012 council meeting. W, Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 12 -235 Id(I RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IWIRELESS, L.L.C. TO USE CERTAIN PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF AN ELECTRICAL TRANSMISSION LINE. WHEREAS, (Wireless LLC desires to install an electrical transmission line within certain City of Iowa City public right -of -way; and WHEREAS, the City of Iowa City desires to give (Wireless LLC a license to use those right -of -way for such purposes; and WHEREAS, it is in the public interest to enter into a license agreement with (Wireless LLC concerning the location of and responsibility for the installation and maintenance of the electrical transmission line. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached license agreement between the City of Iowa City and (Wireless LLC to use certain public right -of -way as set out in said agreement for the placement of an electrical transmission line is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at (Wireless LLC's expense. Passed and approved this 15th day of May , 2012. )/ Approved by ATTEST: �� C •-�2�� r CITY CLERK , C y Attorney's Office S Q/2- Resolution No. 1 2 -235 Page 2 It was moved by Champion and seconded by nobynG the Resolution be adopted, and upon roll call there were: AYES: —x — x x x x NAYS: ABSENT: x Champion Dickens Dobyns Hayek Mims Payne Throgmorton A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND IWIRELESS, LLC. FOR USE OF PUBLIC RIGHT -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF AN ELECTRICAL TRANSMISSION LINE. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and; where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly -owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public Property" shall mean publicly -owned or controlled public land and rights -of -way, easements, bridges, parks squares and commons. d. "Licensee" shall mean IWireless, LLC, an Iowa corporation located at 4135 Urbandale Drive, Urbandale, Iowa. SECTION 2. BASIC GRANT Licensee is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain the Electrical transmission line in, under, upon, along and across the Public Property shown and generally identified in Exhibits A attached hereto and incorporated herein by this reference and specifically identified in the electrical transmission line map approved according to Section 3 below ("License Area'), according to the terms of this Agreement and subject to the regulatory powers of the City. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE ELECTRICAL TRANSMISSION LINE Before commencing any extension or expansion of its system, or any major repair work or the installation of any new electrical transmission line component within the License Area, the Licensee shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which Licensee proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. No electrical transmission line component shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City - owned public utility system component, or other structure upon or under Public Property. In the event that the proposed electrical transmission line plan shows such interference, the Director of Public Works shall, within reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate the interference and refer the same back to Licensee for modification of the plans. Any such review, approval or amendment shall remain subject to the provisions in Section 8 herein. Once the map, plan, or specifications are approved by the Public Works Director, they shall be filed in the Public Works Department and an excavation permit may be issued authorizing Licensee to proceed in accordance with the approved maps, plans, and /or specifications. Licensee shall not perform any work on the electrical transmission line within the License Area prior to the issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work performed shall be in accordance with the approved maps, plans or specifications and the terms of this License. SECTION 4. CONSTRUCTION AND REPAIR OF ELECTRICAL TRANSMISSION LINE To protect the public and assure the safe and efficient movement of traffic, Licensee shall properly barricade any Public Property used by Licensee in compliance with, at a minimum, the requirements set forth in the Manua/ on Uniform Traffic Control Devices Licensee shall properly and speedily replace any and all pavement removed or damaged by Licensee in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of the License Area, Licensee shall, at its own expense, repair or cause repair to any private property public utility system component, public improvement or Public Property damaged by Licensee. If Licensee fails to repair or arrange with the City for the proper repair of any Public Property after excavations have been made, and after thirty days notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of Licensee. SECTION 5. EXCAVATIONS The City hereby grants Licensee a license to make excavations within the License Area for the purpose of routine repair, replacement, and maintenance of wires, lines or other Electrical transmission line system components according to the following conditions: a. Licensee shall first obtain an excavation permit as required by to City Ordinances and Regulations; b. Licensee shall not unnecessarily obstruct the use of streets, avenues, alleys or public places; c. Licensee shall provide the Public Works Director with twenty-four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. d. Licensee shall provide three (3) day notice to the Public Works Director for any work requiring a street closure or detour prior to such closure or detour. In emergencies which require immediate excavation, Licensee may proceed with the minimum work necessary to remedy the emergency without first applying for or obtaining an excavation permit, provided, however, that Licensee shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If the Electrical transmission line fails to comply with the provisions of this Section, the City may repair or restore the Public Property, at Licensee's expense, to the condition of the property prior to the disturbance by Licensee. Licensee shall pay the costs of such repair or restoration within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS 2 The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvements that may be deemed necessary or proper by the City in, across, along, over or under any portion of the License Area occupied by the electrical transmission line, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to Licensee for any electrical transmission line damage arising out of the performance of such work by other parties. Nothing in this Agreement shall be construed to relieve other persons or corporations from liability for damage to the electrical transmission line. SECTION 7. LICENSEE CONTRACTORS The requirements of this License Agreement shall apply to all employees, agents, persons, firms or corporations performing work for Licensee under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY Licensee's use of any Public Property for the purposes set forth in this Agreement shall be in conformance with the established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin Public Property. Licensee shall exercise its rights granted herein in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. Licensee shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under the License Area in such manner as the City may, at any time, require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such Public Property, for the purposes of facilitating the vacation and /or redevelopment of Public Property or public right -of -way by the City. In the event Licensee fails to act within a reasonably allocated time, the City may cause the electrical transmission line to be relocated, and the costs thereof shall be invoiced to the Licensee and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of the Licensee's failure to act within a reasonable time shall be the responsibility of the Licensee. In the case of Public Works projects, reasonable time shall be defined six weeks after the public hearing approving the plans and specifications for said project. Licensee shall not place any electrical transmission line component in the License Area where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Licensee shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. Licensee shall not place identification signs within the public right -of -way. 3 Upon request, Licensee agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement Licensee shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll -free "One -Call" number. Licensee shall restore and replace any surface vegetation removed or damaged during Licensee's exercise of its rights granted herein with sod or other such vegetation approved by the Director of Public Works and in conformance with City ordinances and the standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES Thirty days prior to abandonment of any electrical transmission line component, Licensee shall notify the City of its intentions. Licensee shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the License Area as required in conjunction with other right -of -way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY OF IOWA CITY Nothing in this Agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and Public Property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of Public Property. Any such further regulations shall apply to Licensee and to this Agreement. SECTION 11. PLANS AND COORDINATION Upon completion of any work performed in accordance with this Agreement, including the initial installation and subsequent modifications or relocations of electrical transmission line components, Licensee shall promptly furnish to the City copies of "as- built" plans related to any electrical transmission line component located on Public Property. Licensee shall keep complete and accurate maps and records of the locations and operations of its electrical transmission line, including buried abandoned facilities. SECTION 12. VIOLATIONS OF AGREEMENT In the event that Licensee is in breach of this Agreement, or has violated or breached any local, state or federal law or regulation related to the rights granted herein (hereinafter referred to as "default', the City shall give written notice to Licensee of the default. Licensee shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, the time for curing such default shall reasonably be extended for such period of time as may be necessary to promptly complete such cure with due diligence. If the City determines that Licensee's default is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said a] determination to Licensee and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to Licensee. If Licensee fails to cure a default within the time allowed, the City shall have the right to: seek specific performance; or ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the electrical transmission line; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE Licensee covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. Licensee agrees to require contractors and subcontractors engaged in work for Licensee on Public Property to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by Licensee in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this Agreement or their validity or legality and this Agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this Agreement to be terminated. SECTION 15. ASSIGNMENT Neither parry shall assign or otherwise transfer this Agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days notice provided to Licensee, if the City determines that the License Area is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purposes, needs or uses, as long as Licensee exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or Public Property in which Licensee has installed its facilities without reserving such rights as necessary to allow continued use of such property for the Electrical transmission line in accordance with the terms of this Agreement, provided that nothing herein shall limit the City's right to require Licensee to relocate its Electrical transmission line as provided in Section 8 hereof. 5 SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 If to Licensee: Doug Feldman Senior Project Manager IWireless 4135 Urbandale Drive Urbandale, IA 50322 515 - 258 -7000 Provided, however, that in case of an emergency, notices may be given verbally to the above - named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Licensee's expense. Dated this /5A day of WA , 2012. CITY OF IOWA CITY IWIRELESS, LLC elk Matthew J. Hayek, Mayor Attest: City berk Approved by: ,,�L (14-.- City Attorney's Office 2 Elam W, C i CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 1S day of MA, 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, pe (sonally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in Resolution No. Ia- a35 and passed by the City Council, on the 15 a)�- day of ►Mai 2012, and that Matthew J. Hayek and Marian K. Karr acknowledged the execution said instrument to be the voluntary act and deed and the voluntary act and deed of said corporation, by it and by them voluntarily executed. L soNO Kr Notary Public in and for the State of Iowa Commission Number 159781 My Commission F.xp M 3 ao My commission expires: 3�_7/.,0� LICENSEE ACKNOWLEDGMENT IWIRELESS LLC STATE OF IOWA ) ss: JOHNSON COUNTY ) On this �I day of try-' 2012, before me, the undersigned, a Notary Public In and for he State of Iowa, in and for said county, personally appeared t me ersonally known, who being by me duly sworn id sa that that person is the I of said corporation and t�()D that said instrument was signed on behalf of the said or orati n y authority of its board of directors or trustees and the said1(�(�( �-1 acknowledged the execution of said instrument to be the voluntary act a d de d of said corporation by it voluntarily executed. �v� s JENNIFER BOWLES i Commission Number 755060 Pub ' n and or the Stat�&Iowa . �� My Coo ii sion xpires / I My commission expires: lyl r �`7 U: \PW \STAFF \Kim J \ROW Agreements \Temporary - Fixed \Electrical \I Wireless.doc VA 3nonena w r /r 1 >v7 Z N OZ 4 IL 6 WZ a, <v Y U 0 .-j In W� U) 3: LL-M ©W ow o¢ -ts -:mb.f) gT L .—.. 1 6 Lip u'J O' Q k LLJQ d. << 0 PIS �0 w w F R (L Ld <L R 3nonena w r /r 1 >v7 Z N OZ 4 IL 6 WZ a, <v Y U 0 .-j In W� U) 3: LL-M ©W ow o¢ -ts -:mb.f) gT L .—.. 1 6 U) u'J O' LO .\ LLJQ << ti ti a Z z U LLJQ << �0 w w J, R (L Ld <L a i i i 05 -15 -12 3e(1) MMMMEAM Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 RESOLUTION NO. 12 -241 RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF UTILITY EASEMENTS ON AND OVER PORTIONS OF 1807 AND 2001 LOWER MUSCATINE ROAD AND SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR JUNE 5, 2012. WHEREAS, MidAmerican Energy Company has requested that the City grant to it an electrical and gas easement across the property at 1807 Lower Muscatine Road, as well as grant a utility easement across the property at 2001 Lower Muscatine Road to it and other utility companies ; and WHEREAS, MidAmerican is making this request to facilitate its utility relocation and undergrounding work in preparation for the City's Lower Muscatine Road Reconstruction Project (Kirkwood Avenue to 1St Avenue).; and WHEREAS, the MidAmerican Energy Company has requested that the City convey these easements in consideration for MidAm granting certain property rights to the City pursuant to the Lower Muscatine Road Reconstruction Project (Kirkwood Avenue to 1St Avenue). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to consider the conveyance of two utility easements over City -owned property locally known as 1807 Lower Muscatine Road and 2001 Lower Muscatine Road, Iowa City, Iowa in consideration for MidAm's conveyance of certain property rights to the City pursuant to the Lower Muscatine Road Reconstruction Project (Kirkwood Avenue to 1St Avenue). 2. A public hearing on said proposal should be and is hereby set for June 5, 2012, at 7 p.m. in Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 15th day of . May , 2012. . A MAYOR f Approved �bpy ATTEST: / r (�2ticr+t�,� ti� .w'� a- ✓dtw_,,,mJ CITY CLERK City Attorney's Office ,-/H r t-2— Resolution No. 12 -24 1 Page 2 It was moved by _ Mims and seconded by Cbaamp ion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x Champion Dickens Dobyns Hayek Mims Payne Throgmortom ABSTAIN: t+ Ub-1 5-12 3e(3) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -237 RESOLUTION SETTING PUBLIC HEARING FOR JUNE 5, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 332 SOUTH GOVERNOR STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -six single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 332 South Governor Street, Iowa City; and WHEREAS, the City has received an offer to purchase 332 South Governor Street for the principal sum of $169,000 (the amount the City paid to acquire the home), plus the "carrying costs ", which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 332 South Governor Street, Iowa City, Iowa, also known as part of Lot 1, Block 2, Berryhill's 2 "d Addition, for the sum of $169,000, plus the "carrying costs ". Resolution No. 12 -237 Page 2 2. A public hearing on said proposal should be and is hereby set for June 5, 2012, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Champion and seconded by Dobvns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Passed and approved this 15th day of May , 2012. MAYOR ATTEST: CITftLERK Approved by ff" I � I , City Attorney's Office 7` CITY OF IOWA CITY 3e(4) MEMORANDUM Date: May 8, 2012 To: Tom Markus, City Manager From: Rick Fosse, Public Works Director Re: J Street Water Main and South East Junior High Sanitary Service Introduction: This project is a precursory project to the 1st Ave /IAIS RR Crossing Improvements Project. The intent of the project is to provide new water main services to the properties along First Avenue via J Street and Sycamore View. Also included is the installation of a new sanitary service for South East Junior High. History/Background: The existing water services to the west side of the 1300 block of 11t Avenue currently are fed from the watermain within the 1" Avenue right -of -way. Due to the change in elevation of 1 st Avenue and the future abandonment of water main these services will be impacted with future construction and need to be relocated. Along the same lines, the existing sanitary service for South East Junior High connects to manhole near the railroad in the 1s' Avenue right -of -way and will be affected by future construction. Discussion of Solutions: These improvements will provide better services for the residential homes and South East Junior High, while also allowing for abandonment of existing water main and sanitary sewer that will be impacted by the upcoming 1s' Ave /IAIS RR Crossing Improvements Project. Financial Impact: The estimated construction cost is $246,000. The project will be funded with General Obligation bond proceeds. Recommendation: Staff recommends proceeding with the following schedule for this project: May 15 — Set Public Hearing June 5 — Hold Public Hearing (approve plans and specifications) June 19 —Award Project Prepared by: Brian Boelk, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5437 RESOLUTION NO. 12 -238 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 5, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE J STREET & SYCAMORE VIEW WATER MAIN - SOUTHEAST JUNIOR HIGH SANITARY SEWER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the 1St Ave. /IAIS RR Crossing Improvements account #3871. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 5th day of June, 2012, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 15th day of May , 20 6'J4� ,. MAYOR % Approved by p , ATTEST:° ANA RI'm—e7fla CITY LERK City Attorney's Office SIYI/z Pweng/res/jst -sycamore- setph.doc 5/12 Resolution No. 12 -238 Page 2 It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims _x Payne x Throgmorton M19 "U0_1 I '?' 3e(5) Prepared by: Sarah E. Holecek, 15` Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -239 RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF PROPERTY KNOWN AS THE PENINSULA NEIGHBORHOOD FOURTH ADDITION, IN IOWA CITY, IOWA, TO PENINSULA DEVELOPMENT COMPANY, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JUNE 5, 2012 WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement between the City of Iowa City and Peninsula Development Company (as assignee of Terry L. Stamper Holdings, L.L.C.) approved by Resolution No. 00 -231 of the City Council dated June 29, 2000, and amendments thereto ( "Agreement "), Peninsula Development Company has agreed to develop a tract of land known as the Peninsula Neighborhood; and WHEREAS, the City Council approved the final plat of the Peninsula Neighborhood Fourth Addition which contains up to ninety -eight (98) proposed units, at its meeting on May 1, 2012; and WHEREAS, pursuant to said Development Agreement, Peninsula Development Company has agreed to purchase the Peninsula Neighborhood, Fourth Addition, for a price equal to a per -unit base price of $3,171.00 multiplied by the total number of final site -plan approved units (98) plus interest at the rate of 6.5% on the outstanding principle balance compounded annually, for an estimated purchase price of $409,675.28 ($408,949.00 for principal /units; $726.28 in interest); and WHEREAS, said Peninsula Neighborhood, Fourth Addition, is located in Iowa City, Johnson County, Iowa, and is described as follows: Beginning at the Southwest Corner of Lot 54, of The Peninsula Neighborhood Second Addition, in accordance with the Plat thereof Recorded in Plat Book 46, at Page 186, of the Records of the Johnson County Recorder's Office; Thence N84 °30'41 "E', along the Southerly Line of said The Peninsula Neighborhood Second Addition, a distance of 106.48 feet; Thence S62 013'54 "E, along said Southerly Line, 90.96 feet; Thence S64 °46'22 "W, along said Southerly Line, 433.54 feet; Thence S25 °13'38 "E, along said Southerly Line, 53.00 feet; Thence S25 °1 1'37 "E, along said Southerly Line, 102.73 feet; Thence S27 004'01 "E, along said Southerly Line, 25.01 feet; Thence S29 013'54 "E, along said Southerly Line, 8.94 feet; Thence S25 013'38 "E, 283.83 feet; Thence N60 °4628 "E, 26.37 feet; Thence S29 °13'32 "E, 186.00 feet; Thence S60 046'28 "W, 256.31 feet; Thence N40 042'52 "W, 477.83 feet; Thence N25 013'54 "W, 519.90 feet; Thence N64 °46'06 "E, 157.08 feet; Thence N03047'1 7"W, 96.07 feet, to a Point on the Southerly Line of The Peninsula Neighborhood Phase 2A, in accordance with the Plat thereof Recorded in Plat Book 53, at Page 136, of the Records of the Johnson County Recorder's Office; Thence S53 030'33 "E, along said Southerly Line, 188.78 feet; Thence S70 °27'12 "E, along said Southerly Line, 56.34 feet; Thence S59 °25'34 "E, along said Southerly Line, 47.48 feet; Thence S8901 1'55"E, along said Southerly Line, 59.03 feet; Thence N73 009'48 "E, along said Southerly Line, 101.72 feet; Thence N64 052'40 "E, along said Southerly Line, 119.17 feet, to the Point of Beginning. Said Tract of Land Resolution No. 12 -239 Page 2 contains 8.06 Acres, and is subject to easements and restrictions of record. WHEREAS, the disposition of the subject property according to the Development Agreement is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The City Council does hereby declare its intent to consider the proposal to convey its interest in the Peninsula Neighborhood, Fourth Addition, described above to Peninsula Development Company, in accordance with said Agreement, at a price equal to a per -unit base price of $3,171.00 multiplied by the total number of final site -plan approved units and retiring the remaining principal, plus interest at the rate of 6.5% on the outstanding principle balance compounded annually, for an estimated purchase price of $409,675.28. 2. A public hearing on said proposal should be and is hereby set for June 5, 2012, at 7:00 p.m. in Emma Harvat Hall of the City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 15th day of May , 2012. MAYOR ATTEST: X4_e t CITY CLERK Approved b t6rney's Office 5-7-IL saraMpeninsula \third addition \4u' res of intent to convey may 9 2012 Resolution No. 12- Page 3 It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 11,43 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -240 RESOLUTION SETTING PUBLIC HEARING FOR JUNE 5, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 928 LONGFELLOW COURT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93 -255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant -to- Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ( "ADHOP "); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 928 Longfellow Court, Iowa City; and WHEREAS, the City has received an offer to purchase 928 Longfellow Court for the principal sum of $147,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a low- income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 928 Longfellow Court, Iowa City, Iowa, also known as Unit 928 Longfellow Court of Lot 13, Longfellow Manor Condominiums, for the sum of $147,000. Resolution No. i 2 -240 Page 2 2. A public hearing on said proposal should be and is hereby set for June 5, 2012, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Passed and approved this 15th day of May , 2012. f l MAYOR ATTEST: ,vl�(G2 ruin_ CITY LERK Approved by City Attorney's Office 6 Prepared by: Sarah E. Holecek, 1 s` Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -243_ RESOLUTION AUTHORIZING THE CONVEYANCE OF PROPERTY KNOWN AS THE PENINSULA NEIGHBORHOOD, THIRD ADDITION, IN IOWA CITY, IOWA, TO PENINSULA DEVELOPMENT COMPANY WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement between the City of Iowa City and Peninsula Development Company (as assignee of Terry L. Stamper Holdings, L.L.C.) approved by Resolution No. 00 -231 of the City Council dated June 29, 2000, and amendments thereto ( "Agreement "), Peninsula Development Company has agreed to develop a tract of land known as the Peninsula Neighborhood; and WHEREAS, the City Council approved the final plat of the Peninsula Neighborhood, Third Addition, which contains up to one hundred twenty -one (121) proposed units, at its meeting on May 1, 2012; and WHEREAS, pursuant to said Development Agreement, Peninsula Development Company has agreed to purchase the Peninsula Neighborhood, Third Addition, for a price equal to a per -unit base price of $3,171.00 multiplied by the total number of final site -plan approved units (up to 121) plus interest at the rate of 6.5% on the outstanding principle balance compounded annually, for an estimated purchase price of $602,083.50 ($383,691 for units; $218,392.50 in interest); and WHEREAS, said Peninsula Neighborhood, Third Addition, is located in Iowa City, Johnson County, Iowa, and is described as follows: Beginning at the Southwest Corner of Outlot "C" of the Replat of Peninsula Neighborhood First Addition, in accordance with the Plat thereof Recorded in Plat Book 45, at Page 207, of the Records of the Johnson County Recorder's Office; Thence N89 °59'01 "W, along the North Line of Auditor's Parcel 97099, a distance of 90.40 feet; Thence S60 046'28 "W, along the Westerly Line of said Parcel 97099, a distance of 1045.12 feet; Thence N29 °13'32 "W, 186.00 feet; Thence S60 °46'28 "W, 26.37 feet; Thence N25 013'38 "W, 283.83 feet, to the Southern most Corner of The Peninsula Neighborhood Second Addition, in accordance with the Plat thereof Recorded in Plat Book 46, at Page 186, of the Records of the Johnson County Recorder's Office; Thence N60 46 06 E, along the Southerly Line of said The Peninsula neighborhood Second Addition, a distance of 53.00 feet; Thence N29 013'54 "W, along said Southerly Line, 5.23 feet; Thence N64 046'06 "E, along said Southerly Line, 92.24 feet; Thence S72 013'54 "E, along said Southerly Line, 11.70 feet; Thence S29 013'54 "E, along said Southerly Line, 16.27 feet; Thence N60 046'06 "E, along said Southerly Line, 25.00 feet; Thence N29 13 54 W, along said Southerly Line, 14.52 feet; Thence N17 046'06 "E, along said Southerly Line, 10.91 feet; Thence N64 046'06 "E, along said Southerly Line, 92.26 feet; Thence S29 014'40 "E, along said Southerly Line, 8.95 feet; Thence N60 045'20 "E, along said Southerly Line, 53.00 feet; Thence N29 1440 W, along said Southerly Line, 5.23 feet; Thence N64 046'06 "E, along said Southerly Line, 46.35 feet; Thence S62 013'54 "E, along said Southerly Line 98.68 feet; Thence S29 013'54 "E, along said Southerly Line, 21.48 feet; Thence N60 046'06 "E, along said Southerly Line, 25.00 feet; Thence N60 045'42 "E, along said Southerly Line, 151.52 feet; Thence N29 014'18 "W, along said Resolution No. 12 -243 Page 2 Southerly Line, 71.51 feet; Thence N27 046'06 "E, along said Southerly Line, 61.46 feet; Thence S62 013'54 "E, along said Southerly Line, 250.95 feet; Thence Northeasterly, 83.23 feet, along said Southerly Line on 54.25 foot radius curve, concave Northwesterly, whose 75.31 foot chord bears N73 °48'58 "E; Thence N29 043'06 "E, along said Southerly Line, 98.82 feet; Thence N29 °51'49 "E, along said Southerly Line, 52.16 feet; Thence S60 °08'11 "E, along said Southerly Line, 120.00 feet; Thence S59 °58'21 "E, along said Southerly Line, 27.11 feet, to a Point on the Westerly Line of Outlot "E" of said Replat of Peninsula Neighborhood First Addition; Thence S30 001'39 "W, along said Westerly Line, 17.55 feet, to the Southwest Corner thereof; Thence S60 0.811 E, along the South Line of said Outlot "E ", a distance of 191.33 feet, to the Southeast Corner thereof, and a Point on the West Line of Outlot "C" of said Replat of Peninsula Neighborhood First Addition; Thence S00 001'28 "W, along said West Line, 54.60 feet, to the Point of Beginning. Said Tract of Land contains 9.31 Acres, and is subject to easements and restrictions of record. WHEREAS, on May 1, 2012, the City Council adopted a Resolution declaring its intent to consider the conveyance of its interest in the parcel, authorizing publication of the notice of the proposed conveyance and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the disposition of the subject property according to the Development Agreement is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The Mayor and City Clerk are hereby authorized and directed to execute a Warranty Deed conveying the City's interest in the Peninsula Neighborhood, Third Addition, described above to Peninsula Development Company, in accordance with said Agreement, at a price equal to a per -unit base price of $3,171.00 multiplied by the total number of final site -plan approved units (up to 121), plus interest at the rate of 6.5% on the outstanding principle balance compounded annually, for an estimated purchase price of $602,083.50. 2. The City Attorney is authorized to deliver said Warranty Deed to the Peninsula Development Company. The deed and any other documentation required by Iowa Code §364.7 (2011) shall be recorded by the City Attorney's Office in the Johnson County Recorder's Office at the purchaser's expense. Passed and approved this 15th day of May '2012. MAYOR `� ATTEST: ✓ jLg 7V , CITY LERK Ap ©ved City Att me ' ce • Resolution No. 12 -243 Page 3 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion Dickens x Dobyns x Hayek x Mims x Payne _ x Throgmorton Nov -07 NOTICE OF PUBLIC HEARING Form 653.C1 AMENDMENT OF CURRENT CITY BUDGET The City Council of Iowa City in JOHNSON County, Iowa will meet at Emma Harvat Hall, City Hall 410 E. Washington Street at 7:00 p.m. on 05/15/2012 (hop) (Dare) ,for the purpose of amending the current budget of the city for the fiscal year ending June 30, 2012 Near) by changing estimates of revenue and expenditure appropriations in the following functions for the reasons given. Additional detail is available at the city clerk's office showing revenues and expenditures by fund type and by activity. Explanation of increases or decreases in revenue estimates, appropriations, or available cash: Revenue estimates have increased for other city taxes, intergovernmental and charges for services. Other financing sources includes a refunding bond sale. Expenditures: Public Safety: Increased health costs for public safety employees. Debt Service payments related to refunding bond sale and redemptions. Public Works: Fuel costs revisions. Capital projects schedule revisions. Other program areas revised for personnel, equipment and materials. There will be no increase in tax levies to be paid in the current fiscal year named above. Any increase in expenditures set out above will be met from the increased non - property tax revenues and cash balances not budgeted or considered in this current budget. This will provide for a balanced budget. ty Clerk/ Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 49,594,682 49,594,682 Less: Uncollectted Property Taxes -Levy Year 2 0 0 Net Current Property Taxes 3 49,594,682 0 49,594,682 Delinquent Property Taxes 4 0 0 TIF Revenues 5 846,085 846,085 Other City Taxes 6 10,400,955 748,129 11,149,084 Licenses & Permits 7 1,223,447 0 1,223,447 Use of Money and Property 8 1,264,679 0 1,264,679 Intergovernmental 9 89,040,109 213,188 89,253,297 Charges for Services 10 40,683,916 124,000 40,807,916 Special Assessments 11 0 0 0 Miscellaneous 12 5,782,600 106,990 5,889,590 Other Financing Sources 13 110,692,668 6,989,216 117,681,884 Total Revenues and Other Sources 14 309,529,141 8,181,523 317,710,664 Expenditures & Other Financing Uses Public Safety 15 21,401,631 765,946 22,167,577 Public works 16 13,994,820 183,503 14,178,323 Health and Social Services 17 0 0 0 Culture and Recreation 18 12,743,563 154,804 12,898,367 Community and Economic Development 19 24,626,370 256,000 24,882,370 General Government 20 8,282,244 1,687 8,283,931 Debt Service 21 15,225,884 13,499,988 28,725,872 Capital Projects 22 80,282,918 387,592 80,670,510 Total Govemment Activities Expenditures 23 176,557,430 15,249,520 191,806,950 Business Type /Enterprises 24 91,149,983 716,592 91,866,575 Total Gov Activities & Business Expenditures 25 267,707,413 15,966,112 283,673,525 Transfers Out 26 97,722,338 - 1,170,784 96,551,554 Total Expenditures/Transfers Out 27 365,429,751 14,795,328 380,225,079 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 28 - 55,900,610 - 6,613,805 - 62,514,415 Continuing Appropriation 29 0 N/A 0 Beginning Fund Balance July 1 30 161,499,846 2,019,403 163,519,249 Ending Fund Balance June 30 311 105,599,236 - 4,594,402 101,004,834 Explanation of increases or decreases in revenue estimates, appropriations, or available cash: Revenue estimates have increased for other city taxes, intergovernmental and charges for services. Other financing sources includes a refunding bond sale. Expenditures: Public Safety: Increased health costs for public safety employees. Debt Service payments related to refunding bond sale and redemptions. Public Works: Fuel costs revisions. Capital projects schedule revisions. Other program areas revised for personnel, equipment and materials. There will be no increase in tax levies to be paid in the current fiscal year named above. Any increase in expenditures set out above will be met from the increased non - property tax revenues and cash balances not budgeted or considered in this current budget. This will provide for a balanced budget. ty Clerk/ �,,.,,,!�, r, ®4. CITY OF IOWA CITY _�_ Date: May 8, 2012 To: Tom Markus, City Manager From: Kevin O'Malley, Director of Finance Leigh Lewis, Finance Management Analyst Re: Budget Amendment for FY2011 -2012 Introduction: The Department of Finance requests the City Council hold a public hearing for consideration of amending the FY2012 operating budget. History /Background: The State of Iowa allows cities to amend the annual operating budget for supplemental appropriation authority. This may include new or revised revenue and expenditure projections, transfers between funds and capital improvement program changes. Increased expenditures must utilize available fund balance or additional revenue sources as the State does not allow amendments to increase property taxes. Budget amendments are submitted to the Finance Department and reviewed for approval by the Finance Director and City Manager. A formal recommendation for budget amendment is then prepared for City approval. Discussion of Solutions: This amendment identifies additional revenue and transfer -in totaling $8.2 million, as shown on Line 14 of the attached resolution (see Revenues & Other Finance Sources, lines 1 -14). The section entitled Expenditures & Other Financial Uses (lines 15 -31) provides for supplemental appropriations of $14.8 million, including the following items: Amount Description $13.5 million Bond refunding and redemptions $1.1 million Capital Improvement Program Changes $400,000 Chapter 411 Disability Retirement Benefits $300,000 General Fund Contingency $250,000 Economic Development Grant • $150,000 Transit Diesel Fuel Funding Source(s) Water Fund Balance, General Obligation (G.O.) bonds G.O. bonds, grants, Road Use Tax, TIF monies and various fund balances Employee Benefits Fund Balance General Fund Balance T.I.F. Revenue General Fund Balance May 8, 2012 Page 2 This amendment reduces the June 30, 2012 estimated fund balance by $6.6 million (line 28, Current Amendment column) in order to finance supplemental expenditure appropriations. Recommendation: The resolution entitled City Budget Amendment and Certification Resolution is recommended for approval by City Council for the fiscal year ending June 30, 2012. A list of the individual amendments included in this resolution is provided in the attached document entitled FY2012 Budget Amendment — Detail by Program Area. � c @ J � � 0 (L q 2 k k � � � 0 ■ � a _ co o o c V) 4) 0 2 $ m 2 E $ \ $ k 77 w & 7 co E k N \ k 2 C 2 § k k m C CL / / / I ƒK k ° £ e �4) t 7 -r- -0 q 2 / i E k o g k o/0 �m2 25 m tm 2 M � � co k 2 0 / S \ $ X § I k / / m . _ @® o - 0 ca o« 7 \ k 3 � / k C.) CL CL e >� a� fo: a f § 2 f $ / / _ _ — q t § ■x� °? 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O (0 C U O 0 c U m rn o > d O O O m O C �: o m( d d U U c o m +' m a W r- (D m U L 0 �' 4) :L-- v,��V U0'U- U a .' > > co d 0,a� aa) �aa. .OL� o d a C .o o° Ca '� E a �° v a�i C C a d d m a N— Q Co a CU7 0° c c�a o U Cj .L o m NO m Q 0. L O 023 N LL LL Co N U LL U N (� O N N 0 U O � C U o x m C = N U C) L O M z a L C L L L L m O U m U m U U a� N Li c U m. D)C) m 3 3 rnm CU �� Y O C C C •' C C N C y C i E C V 0 CC U' J a wCL W W 0 Uo N _ O NO ON 000 � 000000 W O m OOONMti�.T OOOo to MO OLnONC46)000OO N M }' AG U.) I-- Lo -v M (dMI- NLOM co CO cl' M N W 1p Z O O 00 v v L 0 r r v T a CL # 8U1 N N � C 0 V d r fA (A L� j 0 7 00 C CL y _� w- LLI V� r W U. H H le 0 d a 52 -483 '- CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of JOHNSON County, Iowa: The City Council of Iowa City in said County /Counties met on 05/15/2012 ,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. thereupon, the following resolution was introduced. RESOLUTION No. 12 -244 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 2 2012 (AS AMENDED LAST ON 11/01/2011 ) Be it Resolved by the Council of the City of Iowa City Section 1. Following notice published 05/04/2012 and the public hearing held, 05/15/2012 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Passed this 15th day of May, 2012 (Day) (MaWyear) Signature Signatu City Clerk/Finance Officer Page 1 of 4 Mayor Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues & Other Financing Sources 49,594,682 0 49,594,682 Taxes Levied on Property 1 ess: Unoollectted Property Taxes -Levy Year 2 0 0 0 Net Current Property Taxes 3 49,594,682 0 49,594,682 elinquent Property Taxes 4 0 0 0 IF Revenues 5 ITLicenses 846,085 0 846,085 ther City Taxes 6 10,400,955 748,129 11,149,084 & Permits 7 1,223,447 0 1,223,447 Use of Money and Property 8 1,264,679 0 1,264,679 Intergovernmental 9 89,040,109 213,188 89,253,297 Charges for Services 10 40,683,916 124,000 40,807,916 Special Assessments 11 0 0 0 Miscellaneous 12 5,782,600 106,990 5,889,590 Other Financing Sources 13 110,692,668 6,989,216 117,681,884 Total Revenues and Other Sources 14 309,529,141 8,181,523 317,710,664 Expenditures & Other Financing Uses 21,401,631 765,946 22,167,577 Public Safety 15 Public works 16 13,994,820 183,503 14,178,323 Health and Social Services 17 0 0 0 Culture and Recreation 18 12,743,563 154,804 12,898,367 Community and Economic Development 19 24,626,370 256,000 24,882,370 General Government 20 8,282,244 1,687 8,283,931 Debt Service 21 15,225,884 13,499,988 28,725,872 Capital Projects 22 80,282,918 387,592 80,670,510 Total Government Activities Expenditures 23 176,557,430 15,249,520 191,806,950 Business Type /Enterprises 24 91,149,983 716,592 91,866,575 Total Gov Activities & Business Expenditures 25 267,707,413 15,966,112 283,673,525 Transfers Out 26 97,722,338 - 1,170,784 96,551,554 Total Expenditures/Transfers Out 27 365,429,751 14,795,328 380,225,079 Excess Revenues & Other Sources Over (Under) ExpendituresITransfers Out Fiscal Year 28 " - 55,900,610 - - 6,613,805 - 62,514,415 Continuing Appropriation 29 0 N/A 0 Beginning Fund Balance July 1 30 161,499,846 2,019,403 163,519,249 Ending Fund Balance June 30 311 105,599,236 - 4,594,402 101,004,834 Passed this 15th day of May, 2012 (Day) (MaWyear) Signature Signatu City Clerk/Finance Officer Page 1 of 4 Mayor Resolution No. 12 -244 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x _x x _x x Champion Dickens Dobyns Hayek Mims Payne Throgmorton LL W Lu z W w W (A 0 Lu I;j V) LU LL. 0 v 0 C14 d) Im cc (L -,F:" N W �T c 8 w W cl) W) ...o act rrs P't w o a fo4 wi Lci Lo 'n MQ-47 cT c) w v Ci lz cli (l) c6 n cl Ln wi , w wi, N lo v 6' owl Imo col lr-o g w r- W 'A r- clL Lo cq r-- (D m ao "i S t w S n Lon Lo 6 ai qr co 'D m r t-,-:r.: Ld c6 �6'6 16 ,4 Msa Lo oo N m Co w 93 rej fiWi" a '6 c; cs a; c6 'T 3 N m m m co r"L w P'l (I co t- p T.-I �q ol M i q OL c! 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F- O ` m 0 •a L' _ a (o W � N C m N G7 �c J m � {o J E J a OI C c 7 O'•E J V aoi oii G a7 '(a mU'o� J C7 a j0 7 ._ a,C�.,� �m c e;Q 'W x a E c .N cU� C :cx O `O r `y —=J 0 J Q r u .0 09 •» (D y F CCO CF W ca_ —«(q cn C C O oO O c t7 o t O Q (o a) N (cp m O c c F O U U U W xn. O' =`.= 2U W JUFO 1— �(n W C76JF- U2fAOW W Lou U } w9 CL C) LU r x SaU0 g = w m~a. .OM $M TJ} ON �JO Q LW E in 500 OZ �_¢ a � U O 0: z a O F o0_M S 0 wo S CL �oad �rW? mZF2_F Q Z wo m 5 W ` O = °w F- T t... — Iz0 �0 a f. fD N ¢ W c �U1 Z z ZWO w a U _Fo-� m = Z Z U Z h.0 w CO W } m to O a H O T j W } O N = ¢ �zEn o WF�~ $ Ir U F a- .00 aaa�CO 8z¢o Z 'Z0< �poa Omo o U � w WwLLa.0. x 'L d R C) '¢ z �' c0 ._ (wn z 8wfAz a=00 F- 2 U IT 0 It N OL m M� TIM- s Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER IMPROVEMENTS — EAST ENTRY REMODELING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in the Recreation Center Improvement account #4316. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 14th day of June, 2012. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meetinpq, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 19 day of June, 2012, or at a special meeting called for that purpose. Passed and approved this 15th day of May , 20 12 MAYOR Approved by ATTEST: A-1��"` CITY LERK City Attorney's Office 41 , Z Pweng/ rest recctr- eastentryimprov -appp &s.doc 5/12 Resolution No. 12 -245 Page 2 It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Sara Hektoen, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 19-246 RESOLUTION AUTHORIZING CONVEYANCE OF THE VACATED PORTION OF MELROSE PLACE RIGHT -OF -WAY TO THE UNIVERSITY OF IOWA. WHEREAS, the City Council has passed an ordinance vacating a portion of the Melrose Place right -of -way; and WHEREAS, the remaining portion of Melrose Place right -of -way serves the existing, privately - owned residences; and WHEREAS, the University of Iowa has requested that the City convey the vacated right -of -way to it in order to facilitate the construction of a surface parking lot over and across said vacated right - of -way and adjacent University -owned land; and WHEREAS, the University has agreed to grant the public an access easement to mitigate traffic concerns by allowing one -way vehicular access across its proposed parking lot, thus directing traffic away from the intersection of Melrose Place and Hawkins Drive; and WHEREAS, because the University is a public entity, no compensation for this conveyance is required; and WHEREAS, on May 1, 2012, the City Council adopted a Resolution declaring its intent to consider the conveyance of its rights in said vacated Melrose Place right -of -way to the University of Iowa, authorizing the publication of public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of the subject property is in the public interest, subject to the retention of access easement rights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby authorize the Mayor and City Clerk to execute all documents necessary to convey the City's interest in the vacated Melrose Place right -of- way via Quit Claim Deed, subject to retention of an access easement. 2. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law. Passed and approved this 15th day of May 12012 ATTEST:? � CITY LERK MIMI IAT E) 1R App • � - y9- - Resolution No. i9 -246 Page 2_ - It was moved by Payne and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens Dobyns x Hayek x Mims x Payne x Throgmorton P-� 10 Prepared by: Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5230 RESOLUTION NO. 12 -247 RESOLUTION ADOPTING IOWA CITY'S FY13 ANNUAL ACTION PLAN WHICH IS A SUB -PART OF IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (CITY STEPS) AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit the FY13 Annual Action Plan as part of the City's 2011 -2015 Consolidated Plan (CITY STEPS), to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission has held a series of meetings regarding the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds for City of Iowa City fiscal year 2013; and WHEREAS, the City has disseminated information, received public input and held a public hearing on the FY13 Annual Action Plan; and WHEREAS, the FY13 Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto as Exhibit A; WHEREAS, the Iowa City Housing and Community Development Commission has recommended that Exhibit A be approved; WHEREAS, adoption of the FY13 Annual Action Plan will make Iowa City eligible for federal and state funds administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the FY13 Annual Action Plan and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City FY13 Annual Action Plan, containing the allocation of CDBG and HOME funds attached hereto as Exhibit A, is hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City FY13 Annual Action Plan to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing Resolution No.. 12 -247 Page 2 and Urban Development. 3. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the FY13 Annual Action Plan. 4. The City Manager is hereby authorized to execute, terminate or amend CDBG and \or HOME Agreements entered into in connection with the allocation of public funds with subrecipients, Community Housing Development Organizations (CHDOs) or other legal entities. Passed and approved this 15th day of May, 2012. • Sam ATTEST: CI LERK City Attorney's Office Resolution No. 12 -247 Page 3 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x_ Payne X Throgmorton Exhibit A Projects Recommended for FY13 CDBG & HOME Funding ECONOMIC DEVELOPMENT Economic Development Fund* HCDC (3/2212012) Recommendation or Council Request Earmark* $67,000 Subtotal $67,000 HOUSING PROJECTS Charm Homes LLC - Rental Housing $61,650 $61,650 HACAP - Rental Rehabilitation $360,000 $290,014 The Housing Fellowship - CHDO Operating $20,630 $19,260 IV Habitat for Humanity - Homeownership $90,000 $90,000 I.C. Housing Rehabilitation - Targeted Neighborhoods $220,000 $200,000 Iowa City Housing Rehabilitation Program * $200,000 Subtotal $752,280 $860,924 PUBLIC FACILITY PROJECTS Community Mental Health Center - Accessibility $163,564 $100,000 Crisis Center - Facility Rehabilitation $300,400 $160,000 DVIP - Facility Rehabilitation $172,076 $172,076 HACAP - Playground $40,000 $40,000 MECCA - Facility Rehabilitation $339,767 $12,500 Neighborhood Centers - Facility Rehabilitation $111,500 $111,500 Subtotal $1,127,307 $596,076 PUBLIC SERVICE PROJECTS Aid to Agencies* ADMINISTRATION AND PLANNING HOME Program Administration* CDBG Program Administration and Planning* SOURCE OF FUNDS FY13 CDBG Entitlement FY13 Anticipated CDBG Program Income CDBG Uncommitted /Returned Projects FY13 HOME Annual Entitlement FY13 Anticipated HOME Program Income HOME Uncommitted /Returned Projects $91,000 Subtotal $91,000 $38,538 $140,784 Subtotal $179,322 TOTAL $1,794,322 $638,918 $65,000 $544,213 CDBG Subtotal $1,248,131 $385,380 $90,000 $70,811 HOME Subtotal $546,191 FY13 TOTAL $1,794,322 Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319 - 887 -6065 RESOLUTION NO. 12 -248 RESOLUTION TO ADOPT THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN FOR FISCAL YEAR 2012 WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of an updated Annual Plan; and, WHEREAS, the Iowa City Housing Authority is required to update the Annual Plan under the Quality Housing and Work Responsibility Act of 1998 ( "QHWRA "); and, WHEREAS, the Annual Plan is submitted yearly; and, WHEREAS; the Annual Plan is a comprehensive guide to the Iowa City Housing Authority's policies, programs, operations and strategies for meeting local housing needs and goals; WHEREAS, the Annual Plan also serves as the annual application for grants to support improvements to public housing buildings (Capital Fund Program); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Iowa City Housing Authority Annual Plan for Fiscal Year 2012 is approved. 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certification as may be required by the Department of Housing and Urban Development. Passed and approved this 15th day of May 12012 A A Mayor Approved by ATTEST: City derk City Attorney's Office hisasstlres/fyl2phaplan- adoptdoc Resolution No. 12 -248 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x _ Champion x Dickens x Dobyns _ x Hayek x Mims _ x Payne _ x Throg norton Publish 5/7 NOTICE OF BOND SALE Time and Place of Sealed Bids: Bids for the sale of Water Revenue Refunding Bonds, Series 2012C, of the City of Iowa City, Iowa, will be received at the office of the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa 52440 (the "Issuer ") at 10:00 o'clock A.M., on the 15th day of May, 2012. The bids will then be publicly opened and referred for action to the meeting of the City Council in conformity with the Terms of Offering. The Bonds: The bonds to be offered are the following: WATER REVENUE REFUNDING BONDS, SERIES 2012C, in the amount of $5,060,000, to be dated June 20, 2012 (the "Bonds "). Manner of Bidding: Open bids will not be received. Bids will be received in any of the following methods: • Sealed Bidding: Sealed bids may be submitted and will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa City, Iowa 52440. • Electronic Internet Bidding: Electronic internet bids will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa City, Iowa 52440. The bids must be submitted through the PARITY® competitive bidding system. • Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa City, Iowa 52440 (facsimile number: 319 -341- 4008). Electronic facsimile bids will be sealed and treated as sealed bids. Principal Adjustment: The Issuer reserves the right to increase or decrease the aggregate principal amount of the Bonds by such amount to effect the current refunding of the Series 2002 Bonds. However, the maximum par amount will not exceed $6,000,000. Such change will be in increments of $5,000 and may be made in any of the maturities. The purchase price of the issue will be adjusted proportionately to reflect any change in issue size. Consideration of Bids: After the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, electronic internet bids will be accessed and announced. Sale and Award: The sale and award of the Bonds will be held at the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa at a meeting of the City Council on the above date at 7:00 o'clock P.M. Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa 52440 or the Issuer's Financial Consultant, Public Financial Management, Inc., 801 Grand Avenue, Suite 3300, Des Moines, Iowa, 50309, Telephone: 515- 243 -2600. Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: The bonds will be sold subject to the opinion of Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Iowa City, Iowa. Marian K. Karr City Clerk, City of Iowa City, Iowa (End of Notice) Council Member introduced the following Resolution 13 entitled "RESOLUTION DIRECTING SALE OF WATER VENUE REFUNDING BONDS, SERIES 2012C," and moved its adoption. Counci Member seconded the motion to adopt. T roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor ecla/SERRJIES ollowing Resolution duly adopted: RESOLUTION D SALE OF WATER REVENUE REFUNDING BO 2012C WHEREAS, pursuant to n ice as required by law, bids have been received at public sale for the bonds describ d s follows and the best bid received is determined to be the following: WATER RE) Bidder: the terms of said bid be' g: Par Amount: $,r` Purchase Pride: $ True Interek Rate: _ True Interest Cost: S of G BONDS, SERIES 2012C: NOW, THEREFORE, BE IT RESOLVE BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: i� &q� May 15, 2012 The Finance Director of the City of Iowa City, State of Iowa, met in the office of the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa, at 10:00 o'clock A.M., on the above date, to open sealed bids received, access electronic bids and to refer the sale of the bonds to the best and most favorable bidder for cash, subject to approval by the City Council at 7:00 o'clock P.M. on the above date. The following persons were present: Kevin O'Malley, Marian -Karr, Jon Burmeister -1- This being the time and place for the opening of bids for the sale of Water Revenue Refunding Bonds, Series 2012C, the meeting was opened for the receipt of bids for the bonds. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: (Attach List of Bidders) 2. The Finance Director then declared the time for filing of sealed bids to. be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: 4. The best bid was determined to be as follows: Name &Address of Bidder: Hutchinson, Shockey_, Erley & Go of Chicaqn, TI _ Par Amount: $ 5,060,000 True Interest Rate: 1.6875 % True Interest Cost: $ 492, 507.61 All bids were then referred to the Council for action in accordance with the Notice of Sale. -2- May 15, 2012 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 o'clock P.M., on the above date. There were present Mayor Hayek , in the chair, and the following named Council Members: Champion, Dobyns, Hayek, Mims, Payne, Throgmorton Absent: Dickens -3- i_3 Council Member _____Mims introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF WATER REVENUE REFUNDING BONDS, SERIES 2012C," and moved its adoption. Council Member Payne seconded the motion to adopt. The roll was called and the vote was, AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dobyns NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 12 -249 RESOLUTION DIRECTING SALE OF WATER REVENUE REFUNDING BONDS, SERIES 2012C WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: WATER REVENUE REFUNDING BONDS, SERIES 2012C: Bidder:Hutchinson, Shockey, Erley of Chicago,.IL the terms of said bid being: Par Amount: $ 5,060,000 Purchase Price: $ 5,100,335.35 True Interest Rate: 1.6875 % True Interest Cost: $ 492, 507.61 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED this 15th day of May, 2012. ATTEST: City Jerk Alv(�S<gA Mayor NI -5- iL� From Finance Director MWDVS INVESTORS SERVICE New Issue: MOODY'S ASSIGNS Aa2 RATING TO IOWA CITY'S (IA) $5.1 MILLION SENIOR LIEN WATER REVENUE REFUNDING BONDS, SERIES 2012C Global Credit Research -10 May 2012 Aa2 RATING APPLIES TO $20.4 MILLION OF POST -SALE MOODY'S RATED DEBT IOWA CITY (CITY OF) IA Water Enterprise IA Moody's Rating ISSUE RATING Water Revenue Refunding Bonds, Series 2012C Aa2 Sale Amount $5,060,000 Expected Sale Date 05/23/12 Rating Description Revenue: Government Enterprise Moody's Outlook N00 Opinion NEW YORK, May 10, 2012 — Moody's Investors Service has assigned a Aa2 rating to the City of Iowa City's (IA) $5.1 million senior lien Water Revenue Refunding Bonds, Series 2012C. Concurrently, Moody's has affirmed the Aa2 rating on the water system's outstanding senior lien water revenue debt, affecting $20.4 million of post -sale debt. SUMMARY RATINGS RATIONALE The bonds are secured by a first lien on water system net revenues. Proceeds will be used to refund the system's outstanding Series 2002 bonds for estimated net present value savings. Assignment and affirmation of the Aa2 rating reflects the stability of the system service area's economy located in east central Iowa, strong balance sheet with healthy cash balances, and average debt levels supported by satisfactory legal covenants. These attributes are somewhat offset by a history of infrequent rate increases that have resulted in debt service coverage levels that lag those of comparably rated credits. STRENGTHS - Stable and diverse service area with strong institutional presence - Healthy liquidity and net working capital CHALLENGES -Lack of annual rate adjustments, with no rate increases since 2000 -Debt service coverage, while satisfactory, is below similarly -rated credits DETAILED CREDIT DISCUSSION STABLE SERMCEAREAWITH UNIVERSITY INFLUENCE Moody's believes that the water system will remain stable over the near term, given ongoing development within the city and the stabilizing influence of the University of Iowa (rated Aa1 /stable) and the University of Iowa Hospitals (rated Aa2/stable). Unlike the city's sewer system, the University of Iowa and hospitals are not customers of the city's water system, although the water utility still benefits from their presence, which lends substantial institutional stability to the service area. The system's customer base of 25,544 in 2011 is largely residential, representing 93.5% of customers. The system exhibits modest concentration in its top ten customers, which comprise 14.1 % of total annual charges. The system's largest customers are a Procter and Gamble (senior unsecured Aa3 /stable outlook) plant that comprises 7.5% of total charges and a Veterans Administration Medical Center that comprises 1.2% of total charges. Both entities are expected to remain stable. ADEQUATE BUT RELATIVELY NARROW DEBT SERVICE COVERAGE FOR RATING CATEGORY; AMPLE LIQUIDITY The system's debt service coverage levels are satisfactory but are low relative to comparably rated credits, which reflects the absence of any rate increases in more than a decade. In fiscal 2011, debt service coverage was adequate at 1.4 times and fiscal 2011 net revenues covered maximum annual debt service requirements approximately 1.4 times (with $2.1 million due in 2021).The city's council's sole authority to set water rates provides the system with significant revenue - raising flexibility, although the system has not had a rate increase since 2000. Rate increases had occurred annually in the late 1990s to generate sufficient revenues to fund 20% of the construction cost of new water treatment plant, completed in 2003. Following the plant's completion, water rates were reduced a total of 15 %, with the latest reduction effective fiscal 2007, to eliminate past project - specific rate increases. The city council is expected to increase rates by 5% in fiscal 2014. Should debt service coverage decline absent timely rate increases, we would expect the system's credit quality to weaken. Given the lack of regular rate increases, we will continue to monitor the system's rate setting practices and their impact on credit quality. The system maintains ample liquidity, with $9.6 million of cash reserves in fiscal 2011 representing 176% of operations and maintenance. Net working capital was a strong 224.2% of operations and maintenance in fiscal 2011. While both cash and net working capital were greater in recent years, at $12.8 million and 248.2 %, respectively, in fiscal 2008, declines in reserves since then were intentional and planned given the system's substantial liquidity. In fiscal 2012, management intends to apply an additional $700,000 of cash reserves to accelerate retirement of Series 2002 general obligation bonds; however, expected receipt of $800,000 in funds owed by the Federal Emergency Management Agency (FEMA) for past flood - related projects would stabilize cash reserves in fiscal 2012. The system maintains additional liquidity in its Improvement Reserve Fund of $450,000, which remains available for debt service payments if necessary. DEBT LEVELS ARE MANAGEABLE We expect the system's debt levels to remain manageable due to modest future borrowing plans and above average principal amortization, with 73.7% of principal retired in ten years. In fiscal 2011, the system's debt ratio was manageable at 25.5 %, a figure that has declined over the several years (from 37% in fiscal 2004) due to the system's minimal borrowing needs. Possible future borrowing includes funds to build a new water storage facility, though the project is contingent on demonstrated need via increased usage trends. Al of the system's debt is fixed rate, and the utility is not a party to any interest rate swap agreements. SATISFACTORY LEGAL PROVISIONS WITH FULLY FUNDED DEBT SERVICE RESERVE FUND Legal protections as defined in the utility's bond resolution provide satisfactory security for bondholders and the system continues to meet all bond and rate covenants. The rate covenant stipulates that the water utility maintain rates at levels to ensure an adequate 1.1 times annual debt service coverage on all outstanding revenue debt. The additional bonds test is set at 1.25 times maximum annual debt service for all outstanding revenue bonds and additional bonds. The bond resolution also requires a debt service reserve fund fully funded equal to the lesser of maximum annual debt service (MADS), 10% of the bonds and parity senior lien bonds outstanding (not including state revolving fund loans), or 125% of the average principal and interest coming due in any succeeding fiscal year. WHAT COULD MOVE THE RATING - UP - Substantial expansion of customer base, with resulting sizeable increases in usage - Regular rate increases that significantly strengthen debt service coverage levels WHAT COULD MOVE THE RATING - DOWN - Deterioration in debt service coverage - Significant increase in the system's debt ratio KEY STATISTICS: Type of system: Treatment, storage and distribution Fiscal 2011 number of Customers: 25,544 Fiscal 2011 Operating Ratio: 67.5% Fiscal 2011 Maximum annual debt service (MARS) coverage: 1.4 times MADS (2021):$2.1 million Fiscal 2011 Debt ratio: 25.5% Principal amortization (within ten years): 73.7% Fiscal 2011 Net working capital: 224.2% Post -sale parity debt outstanding: $20.4 million PRINCIPAL METHODOLOGY The principal methodology used in this rating was Analytical Framework For Water And Sewer System Ratings published in August 2011. Please see the Credit Policy page on www.moodys.com for a copy of this methodology. REGULATORY DISCLOSURES The Global Scale Credit Ratings on this press release that are issued by one of Moody's affiliates outside the EU are endorsed by Moody's Investors Service Ltd., One Canada Square, Canary Wharf, London E 14 5FA, UK, in accordance with Art.4 paragraph 3 of the Regulation (EC) No 1060/2009 on Credit Rating Agencies. Further information on the EU endorsement status and on the Moody's office that has issued a particular Credit Rating is available on www.moodys.com. For ratings issued on a program, series or category/class of debt, this announcement provides relevant regulatory disclosures in relation to each rating of a subsequently issued bond or note of the same series or category/class of debt or pursuant to a program for which the ratings are derived exclusively from existing ratings in accordance with Moody's rating practices. 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In such a case, "MIS" in the foregoing statements shall be deemed to be replaced with "MJKK'. MJKK is a wholly -owned credit rating agency subsidiary of Moody's Group Japan G.K., which is wholly owned by Moody's Overseas Holdings Inc., a wholly -owned subsidiary of MCO. This credit rating is an opinion as to the creditworthiness of a debt obligation of the issuer, not on the equity securities of the issuer or any form of security that is available to retail investors. It would be dangerous for retail investors to make any investment decision based on this credit rating. If in doubt you should contact your financial or other professional adviser. 14 Council Member Dobyns introduced the following Resolution entitled "A RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING WATER REVENUE BONDS, SERIES 2002, OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED NOVEMBER 1, 2002, AND DIRECTING NOTICE BE GIVEN" and moved its adoption. Council Member Champion seconded the motion to adopt. The roll was called and the vote was, AYES: Mims, Payne, Throgmorton, Champion, Dobyns, Hayek NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 12 -250 RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING WATER REVENUE BONDS, SERIES 2002, OF THE CITY OF IOWA CITY, STATE OF IOWA, DATED NOVEMBER 1, 2002, AND DIRECTING NOTICE BE GIVEN WHEREAS, the City did by resolution dated October 22, 2002, authorize the issuance of $8,500,000 Water Revenue Bonds, Series 2002, (the 'Bonds ") dated November 1, 2002; and WHEREAS, the Bonds are redeemable in any order of their numbering on July 1, 2012 or any interest payment date thereafter upon giving notice in the manner provided in the resolution authorizing the issuance of the Bonds; and WHEREAS, it is deemed necessary and advisable that $5,015,000 be so redeemed on July 1, 2012, and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That outstanding Water Revenue Bonds, dated November 1, 2002, in the principal amount of $5,015,000, be and the same are hereby redeemed as of July 1, 2012. M The City Controller is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered owners of the Bonds by registered mail. Section 2. The Finance Director is hereby authorized and directed to cause to be deposited in a separate fund sum sufficient to pay all principal and interest on the redeemed Bonds to the date of redemption. Section 3. That the form of such notice be substantially as follows: -7- NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF THE FOLLOWING DESCRIBED BONDS: Please take notice that the Bonds described below have been called for redemption. Owners of the Bonds should present their Bonds for payment on the redemption date. Issuer: City of Iowa City, State of Iowa Original Issue Amount: $8,500,000 Bond Issue: Water Revenue Bonds, Series 2002 Dated Date: November 1, 2002 Redemption Date: July 1, 2012 Redemption Price: Par, plus accrued interest Bonds Called for Redemption CUSIP Bond Principal Numbers Numbers Amount Interest Rate Maturity Date 462380 EM4 11 $410,000 3.60% July 1, 2013 462380 EN2 12 $430,000 3.75% July 1, 2014 462380 EP7 13 $445,000 3.90% July 1, 2015 462380 EQ5 14 $465,000 4.05% July 1, 2016 462380 ER3 15 $485,000 4.15% July 1, 2017 462380 ES 16 $505,000 4.25% July 1, 2018 462380 ET9 17 $535,000 4.35% July 1, 2019 462380 EU6 18 $555,000 4.45% July 1, 2020 462380 EV4 19 $580,000 4.55% July 1, 2021 462380 EW2 20 $605,000 4.65% July 1, 2022 No representation is made as to the accuracy of the CUSIP numbers printed herein or on the Bonds. The above Bonds should be presented to the City Controller, Iowa City, Iowa. This represents a full call of the outstanding obligations. All interest will cease to accrue on the Redemption Date. THE CITY CONTROLLER, Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 15th day of May, 2012. ATTEST: bu"-O� 9�1 City CYerk 00864471 -1 \10714 -110 Mayor -10- CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty -four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this 17 1� day of MA tc , 2012. 2 7 ��er, � City berk, City of Iowa City, State of Iowa (SEAL) 00864471 -1 \10714 -110 -11- W� May 15, 2012 The Finance Director of the City of Iowa City, State of Iowa, met in the office of the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa, at 10:00 o'clock A.M., on the above date, to open sealed bids received, access electronic bids and to refer the sale of the bonds to the best and most favorable bidder for cash, subject to approval by the City Council at 7:00 o'clock P.M. on the above date. The following persons were present: Kevin O'Malley, Marian. -Karr, Jon Burmeister -1- This being the time and place for the opening of bids for the sale of $9,070,000 General Obligation Bonds, Series 2012A, the meeting was opened for the receipt of bids for the bonds. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: (Attach List of Bidders) 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: Robert W. Baird & Co., Inc. US Bancorp Investments, Inc. Hutchinson, Shockey, ErleV & Co. Citigroup Global Markets Inc. 4. The best bid was determined to be as follows: Name & Address of Bidder: Robert W. Baird & Co. , Inc. of Milwaukee, WI True Interest Rate: 1.6995 % True Interest Cost: $ 880,728.86 All bids were then referred to the Council for action in accordance with the Notice of Sale. -2- This being the time and place for the opening of bids for the sale of $620,000 Taxable General Obligation Bonds, Series 2012B, the meeting was opened for the receipt of bids for the bonds. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened,. as follows: Name & Address of Bidders: (Attach List of Bidders) 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: UMB Bank N.A. Cronin & Co.. Inc. Hutchinson, Shockey, Ede- 4. The best bid was determined to be as follows: Name & Address of Bidder: UMB Bank N.A. of Kansas City, MO True Interest Rate: 0.7622 % True Interest Cost: $ 6,826.03 All bids were then referred to the Council for action in accordance with the Notice of Sale. -3- May 15, 2012 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7:00 o'clock P.M., on the above date. There were present Mayor Hayek , in the chair, and the following named Council Members: —Champion. Dobyns, Hayek. Mims, Payne, Throgmorton 0 Absent: Dickens -4- The Mayor announced that this was the time for meeting on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, Series 2012, in order to provide funds to pay costs of the construction, reconstruction, enlargement, improvement and equipping of City Hall, police stations, and fire stations, including miscellaneous improvements to City Hall and other departments; a general corporate purpose; and that notice of the proposal to issue the bonds and the right to petition for an election had been published as provided by Section 384.26, of the City Code of Iowa; and, the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the bonds be submitted to the qualified electors of the City. Whereupon, the Mayor declared the hearing on the issuance of the bonds to be closed. Whereupon, Council Member Dobyns introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2012 ", and moved: 0 that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock M. on the day of , 2012, at this place. Council Member Payne seconded the motion. The roll was called and the vote was, AYES: Payne, Throgmorton, Champion, Dobyns, Hayek, Mims NAYS: None Whereupon, the Mayor declared the measure duly adopted. -5- 15 Resolution No. 12 -251 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2012 WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for a general corporate purpose, in order to provide funds to pay costs of the construction, reconstruction, enlargement, improvement and equipping of City Hall, police stations, and fire stations, including miscellaneous improvements to City Hall and other departments, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purpose. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150 -2 and shall be maintained on file as a public record of such intent. It is reasonably expected that general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 15th day of May, 2012. ATTEST: City erk Mayor -7- Mk) The Mayor announced that this was the time for meeting on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, Series 2012, in order to provide funds to pay costs of the construction, reconstruction, improvement and equipping of city facilities, including the construction of an animal shelter; a general corporate purpose; and that notice of the proposal to issue the bonds and the right to petition for an election had been published as provided by Section 384.26, of the City Code of Iowa; and, the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the City Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the bonds be submitted to the qualified electors of the City. Whereupon, the Mayor declared the hearing on the issuance of the bonds to be closed. Whereupon, Council Member Mims introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2012 ", and moved: Q x that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock M. on the day of , 2012, at this place. Council Member Dobyns seconded the motion. The roll was called and the vote was, AYES: Throgmorton, Champion, Dobyns, Hayek, Mims, Payne NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 12 -252 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2012 WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for a general corporate purpose, in order to provide funds to pay costs of the construction, reconstruction, improvement and equipping of city facilities, including the construction of an animal shelter, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purpose. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150 -2 and shall be maintained on file as a public record of such intent. It is reasonably expected that general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. �s PASSED AND APPROVED this 15th day of May, 2012. ATTEST: City di6ik Mayor -10- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $650,000 Taxable General Obligation Bonds, Series 2012, in order to provide funds to pay costs of the aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of chapter 403, and all of the purposes set out in section 403.12, including the acquisition of property in the Towncrest Urban Renewal Area and further development of the Urban Renewal Area, including streets, streetscapes and rehabilitation projects; the planning and design of Riverfront Crossings District and the acquisition of property necessary for the operation of the City and the health and welfare of its citizens, including property within the area of the City known as the Riverfront Crossings District, essential corporate purposes, and that notice of the proposed action by the Council to institute proceedings for the issuance of the Bonds, had been published pursuant to the provisions of Sections 384.24(q)(3) and 403.12 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether, pursuant to Section 384.25 of the City Code of Iowa, any written objections had been filed by any City resident or property owner of the City resident, to the issuance of the bonds. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the issuance of the bonds and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) - 11 - The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Payne introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $650,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012 ", and moved: FRI that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of Bonds to the meeting to be held at o'clock M., on the day of , 2012, at this place. Council Member Throgmorton seconded the motion. The roll was called and the vote was, AYES: Champion, Dobyns, Hayek, Mims, Payne, Throgmorton NAYS: None Whereupon, the Mayor declared the measure duly adopted. Resolution No. 12 -253 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $650,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012 WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $650,000 Taxable General Obligation Bonds, for the essential corporate purposes of paying costs of the aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of chapter 403, and all of the purposes set out in section 403.12, including the acquisition of property in the Towncrest Urban Renewal Area and further development of the Urban Renewal Area, including streets, streetscapes -12- 77 and rehabilitation projects; the planning and design of Riverfront Crossings District and the acquisition of property necessary for the operation of the City and the health and welfare of its citizens, including property within the area of the City known as the Riverfront Crossings District, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds, and no petition was filed calling for a referendum thereon; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $650,000 Taxable General Obligation Bonds for the foregoing essential corporate purposes. PASSED AND APPROVED this 15th day of May, 2012. ATTEST: City Clerk Mayor ,. -13- Publish 5/4 NOTICE OF BOND SALE Time and Place of Sealed Bids: Bids for the sale of General Obligation Bonds, Series 2012A and Taxable General Obligation Bonds, Series 2012B, of the City of Iowa City, State of Iowa, will be received at the office of the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa 52440 (the "Issuer ") at 10:00 o'clock A.M., on the 15th day of May, 2012. The bids will then be publicly opened and referred for action to the meeting of the City Council in conformity with the TERMS OF OFFERING. The Bonds: The bonds to be offered are the following: GENERAL OBLIGATION BONDS, SERIES 2012A, in the amount of $9,070,000, to be dated June 20, 2012; and TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012B, in the amount of $620,000, to be dated June 20, 2012 (together the "Bonds "). Manner of Bidding: Open bids will not be received. Bids will be received in any of the following methods: • Sealed Bidding: Sealed bids may be submitted and will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa City, Iowa 52440. • Electronic Internet Bidding: Electronic internet bids will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa City, Iowa 52440. The bids must be submitted through the PARITY® competitive bidding system. • Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa City, Iowa 52440 (facsimile number: 319- 341 - 4008). Electronic facsimile bids will be sealed and treated as sealed bids. Consideration of Bids: After the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, electronic internet bids will be accessed and announced. Sale and Award: The sale and award of the Bonds will be held at the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa at a meeting of the City Council on the above date at 7:00 o'clock P.M. Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa 52440 or the Issuer's Financial Consultant, Public Financial Management, Inc., 801 Grand Avenue, Suite 3300, Des Moines, Iowa, 50309, Telephone: 515- 243 -2600. Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: The bonds will be sold subject to the opinion of Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Iowa City, State of Iowa. Marian K. Karr City Clerk, City of Iowa City, State of Iowa From Finance Director MOODY'S INVESTORS SERVICE New Issue: MOODY'S ASSIGNS Aaa RATING TO IOWA CITY'S (IA) $9.1 MILLION GO BONDS, SERIES 2012A AND $620,000 TAXABLE GO BONDS, SERIES 2012B Global Credit Research - 09 May 2012 Aaa RATING APPLIES TO $75.3 MILLION OF POST -SALE GOULT DEBT IOWA CITY (CITY OF) IA Cities (including Towns, Villages and Townships) IA Moody's Rating ISSUE RATING General Obligation Bonds, Series 2012A Aaa Sale Amount $9,070,000 Expected Sale Date 05/15/12 Rating Description General Obligation Taxable General Obligation Bonds, Series 20128 Aaa Sale Amount $620,000 Expected Sale Date 05/15/12 Rating Description General Obligation Moody's Outlook NOO Opinion NEW YORK, May 09, 2012 — Moody's Investors Service has assigned a Aaa rating to Iowa City's (IA) $9.1 million General Obligation Bonds, Series 2012Aand $620,000 Taxable General Obligation Bonds, Series 2012B. Concurrently, Moody's has affirmed the Aaa rating on the city's $75.3 million of general obligation debt post -sale. SUMMARY RATINGS RATIONALE The bonds are secured by the city's general obligation unlimited tax pledge. Proceeds of the Series 2012A bonds will be used for various capital improvements. Proceeds of the Series 20128 bonds will be used for the city's urban renewal projects. Assignment and affirmation of the highest quality Aaa rating reflects the city's stable economy anchored by the University of Iowa (revenue debt rated Aa1 /stable outlook); long history of favorable financial operations supported by healthy reserve levels and revenue raising flexibility; and manageable debt profile with near -term borrowing planned. STRENGTHS - Stable regional economy bolstered by substantial institutional presence of the University of Iowa and the University of Iowa Hospitals and Clinics (revenue debt rated Aa2/stable outlook) - Favorable financial operations supported by solid revenue raising flexibility and healthy General Fund reserve levels CHALLENGES Modest tax base valuation and wealth indicators relative to other Aaa -rated entities E DETAILED CREDIT DISCUSSION STABLE TAX BASE ANCHORED BY SUBSTANTIAL UNIVERSITY PRESENCE The city's tax base is expected continue to be stable due to planned commercial development and the substantial presence of the University of Iowa (28,460 FTE enrollment; 18,486 employees) and the University of Iowa Hospitals and Clinics (7,791 employees). Located in eastern Iowa along interstate 80, a significant portion of the city is dominated by the university and hospitals. In addition, the city benefits from employment opportunities in nearby Cedar Rapids (Aaa/negative outlook). The city's stable economy is reflected in its favorable unemployment trends, with annual rates not exceeding 3.8% during the recent economic downturn. The city's unemployment rate was 3.2% in February 2012, significantly below the state rate of 6.0% and national rate of 8.7% for the same time period. The city's large $4.6 billion tax base has seen modest growth over the last five years, increasing at an average rate of 2.2% per year. The city's 2010 population of 67,862 reflects moderate growth over several decades, including a 9.1 % increase between 2000 and 2010. Iowa City continues to experience commercial and residential development, with management noting numerous urban renewal and industrial parks projects that are either planned or in development. Proposed new development in the city includes Hieronymus Square, a $40 million commercial and residential space downtown. Notably, due to damage sustained by major flooding in 2008, the university is undergoing $800 million in building and renovation projects, which is expected to positively impact the local economy. The city experienced modest damage from the floods, much of which has already been addressed through city funds and federal grants or will be addressed in the near term using local option sales tax revenues in combination with state and federal grants. Despite the significant student presence, resident income indices are above average, with median family income at 114.0% of the nation and 116.2% of the state according to American Community Survey estimates for 2006 through 2010. LONG TREND OF FAVORABLE FINANCIAL OPERATIONS SUPPORTED BY REVENUE RAISING FLEXIBILITY The city's financial position is expected to remain stable due to the presence of sound reserves supported by conservative management practices and revenue raising flexibility. The city has a history of annual operating surpluses and use of excess fund balance solely for one -time capital projects. In fiscal 2010, the General Fund experienced a substantial $10.6 million operating surplus, driven by $8.1 million in sales tax receipts and cost savings from attrition of personnel. Additionally, a new 1 % franchise fee generating in excess of $1 million per year was levied on gas and electric providers to cover increases public safety costs. Voters authorized a 1 % local option sales tax (LOST) levy in May 2009 to be collected for four years, with funds designated by council for flood - related projects. At the end of fiscal 2010, the vast majority of these sales tax receipts remained in the General Fund, inflating the total fund balance to $26.5 million, or 46.5% of revenues. Net of sales tax receipts, the city experienced a still sizeable operating surplus of approximately $2.7 million, with the General Fund balance net of these receipts at $18.4 million, or a solid 37.4% of revenues. In fiscal 2011, the city again experienced a large operating surplus. Approximately $8.9 million of the city's $9.6 million surplus is due to the accumulation of LOST revenues throughout the fiscal year for flood repairs. A hiring freeze and carryover of unspent grant funds contributed to the remaining $700,000 operating surplus. The city's General Fund balance was $36.1 million, or a healthy 60.2% of revenues, at the end of fiscal 2011. The city's unassigned (formerly undesignated) fund balance declined by a sizeable $10.2 million in fiscal 2011, largely reflecting the restriction of fund balance related to LOST revenues per new GASB 54 classifications. Despite the newly restricted funds, the city's unassigned General Fund balance of $15.9 million, or 32.5% of revenues, remained well above the city's reserve policy that calls for 25% of expenditures in unassigned reserves. For fiscal 2012, the city has budgeted to spend nearly $20 million in reserves, but officials note that approximately $16 million of planned expenditures related to flood control projects are now expected to occur post - fiscal year. The remaining approximately $3.8 million reduction in reserves is related to capital spending to make an industrial park "shovel ready" and to cover a portion of a 27th pay period occurring in fiscal 2012. These planned reductions in expenditures will reduce the city's unassigned fund balance by $3.8 million to $14.8 million, or approximately 24% of revenues, in alignment with the city's reserve policy. In fiscal 2013, officials expect to retain unassigned reserves at fiscal 2012 levels, and expect to spend approximately one quarter, or $8 million, of restricted fund balance accumulated from the LOST. Property taxes comprise the city's largest revenue source at 61.0% of General Fund revenues in fiscal 2011, followed by transfers in (primarily from the employee benefits levy) at 14.5% of revenues. Favorably, the city enjoys several mechanisms for revenue raising flexibility including access to the $0.27 per $1,000 of assessed value Emergency levy and the ability to levy separately for employee benefits, rather than out of the city's general levy (for which the city is levying the maximum $8.10 per $1,000 of assessed valuation). Combined, those sources could generate an estimated $1.8 million if fully utilized. In addition, the city can levy up to a 5% franchise fee on utility providers, and currently only levies 1 %. If the full 5% were levied, an estimated $3.4 million in additional revenues would be generated per year. MANAGEABLE DEBT POSITION WITH ANNUAL BORROWING OVER THE MEDIUM TERM We expect the city's debt burden to remain manageable due to aggressive principal repayment and projections of continued tax base growth. Inclusive of the current sales, the city's direct and overall debt ratios are slightly elevated, at 1.6% and 2.2 %, respectively. Debt service comprised a manageable 22.0% of operations in fiscal 2011. Going forward, officials anticipate general obligation borrowing to average of $8 million over the next three years. The city is also considering issuing approximately $11 million to $12 million in parking revenue bonds in fiscal 2013 for a new downtown parking structure. The city's debt burden is mitigated by a rapid rate of principal repayment, with 98.8% repaid within ten years. All of the city's debt is fixed rate and the city does not have exposure to any interest rate swap agreements. What could change the rating - DOWN - Material declines in fund balances and liquidity - Deterioration of the city's tax base and demographic profile - Substantial increase in the city's debt burden KEY STATISTICS 2010 Population: 67,862 (9% increase since 2000) 2011 Full valuation: $4.6 billion (2.2% average annual increase since 2006) 2011 Full value per capita: $68,013 Iowa City unemployment rate (February 2012): 3.2% 2006 -2010 median family income: 114.0% of US and 116.2% of state Overall debt burden: 2.2% (1.6% direct) Retirement of principal (10 years): 98.8% Fiscal 2011 General Fund Balance: $36.1 million (60.2% of revenues) Fiscal 2011 Unassigned General Fund Balance: $15.9 million (32.5% of revenues) Post -sale general obligation unlimited tax debt outstanding: $75.3 Trillion PRINCIPAL METHODOLOGY The principal methodology used in this rating was General Obligation Bonds Issued by U.S. Local Governments published in October 2009. 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In such a case, "MIS" in the foregoing statements shall be deemed to be replaced with "MJKK'. MJKK is a wholly -owned credit rating agency subsidiary of Moody's Group Japan G.K., which is wholly owned by Moody's Overseas Holdings Inc., a wholly -owned subsidiary of MCO. This credit rating is an opinion as to the creditworthiness of a debt obligation of the issuer, not on the equity securities of the issuer or any form of security that is available to retail investors. It would be dangerous for retail investors to make any investment decision based on this credit rating. If in doubt you should contact your financial or other professional adviser. 18 Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $9,070,000 GENERAL OBLIGATION BONDS, SERIES 2012A," and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor RESOLUTION D GENERAL OBLI WHEREAS, pursuant to public sale for the bonds descrit be the following: $9,070,000 G Bidder: the terms of said bid eing: Purchase P ce: $ True Int rest Rate: True Interest Cost: $ ing Resolution duly adopted: G SALE OF $9,070,000 BONDS, SERIES 2012A as required by law, bids have been received at follows and the best bid received is determined to GATION BONDS, SERIES 2012A: N DW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY QF IOWA CITY, STATE OF IOWA: \, Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. -14- MI) IT Council Member Payne introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $9,070,000 GENERAL OBLIGATION BONDS, SERIES 2012A," and moved its adoption. Council Member Mims seconded the motion to adopt. The roll was called and the vote was, 17.. . . c, u M11 W 7. IMS Z I . I . 111. I .. Champion NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 12 -254 RESOLUTION DIRECTING SALE OF $9,070,000 GENERAL OBLIGATION BONDS, SERIES 2012A WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: $9,070,000 GENERAL OBLIGATION BONDS, SERIES 2012A: Bidder: Robert W. Baird & Co., Inc. of Milwaukee, WI the terms of said bid being: Purchase Price: $ 9,237,189. 65 True Interest Rate: 1.6995 % True Interest Cost: $ 880-,728.86 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. -14- Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED this 15th day of May, 2012. ATTEST: City Clerk Mayor -15- q�� /1 Council Member Payne introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $620,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012B," and moved its adoption. Council Member Dobyns seconded the motion to adopt. The roll was called and the vote was, ion NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 12 -255 RESOLUTION DIRECTING SALE OF $620,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012B WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: $620,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 201213: Bidder: UMB Bank N.A. of Kansas City, MO the terms of said bid being: Purchase Price: $ 618,264 True Interest Rate: 0.7622 % True Interest Cost: $ 6,826.03 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: -16- Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED this 15th day of May, 2012. ATTEST: City rk Mayor 17- CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty -four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this day of MAIN 2012. City Clerk, City of Iowa City, State of Iowa (SEAL) 00866816-1\10714-1 11 Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $620,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012B," and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: 1 Whereupon, the Mayor decla Vthelowing Resolution duly adopted: RESOLUTION DIRE OF $620,000 TAXABLE GENERAION BONDS, SERIES 2012B WHEREAS, pursuant to noti a as equired by law, bids have been received at public sale for the bonds described s foll ws and the best bid received is determined to be the following: $620,000 TAXA LE GENE L OBLIGATION BONDS, SERIES 2012B Bidder: of the terms of said bid bein Purchase Price: True Interest ate: o True Interest (Cost: $ NOW, THEREFORE, BE IT RESOLVED BY CITY OF IOWA CITY, STATE OF IOWA: -16- CITY COUNCIL OF THE OS -15 -12 19 ,-, &. -fir CITY OF IOWA CITY =21� --� — V ZI11 at RA N D U M M E�CJ Date: May 4, 2012 To: Tom Markus, City Manager From: Rick Fosse, Director of Public Works Re: Wastewater Treatment Facilities Consolidation Project Materials Testing and Inspection Services Introduction Staff has solicited proposals from consultants to provide material testing and inspection services for the Wastewater Treatment Facilities Consolidation Project. History /Background This project will expand the South Wastewater Plant to accommodate all wastewater from the flood prone North Wastewater Plant which will be decommissioned. The construction inspection and administration of this project will be performed by City staff, supplemented with support services from private companies. This contract will provide the material testing and specialty inspection services necessary for this project. Discussion of Solutions Three consultants submitted proposals for the requested services. The following quotes were received: Braun Intertec Cedar Rapids, IA $80,000.00 Shive - Hattery, Inc. Iowa City, IA $198,820.20 Terracon Cedar Rapids, IA $165,644.00 - $214,485.00 The proposals were rated on firm profile; key personnel; reference projects; estimate of resources; estimate of fees; and supplemental information. The estimate of fees rating was weighted by a factor of 2. The Braun Intertec proposal did not represent an understanding of the scope of the project. Financial Impact The price of this contract is $ 198,820.20 and is included in the budget for this project. Recommendation Staff recommends awarding the contract Shive - Hattery, Inc. Cc: Kevin O'Malley, Finance Director Ron Knoche, City Engineer Dave Elias, Wastewater Superintendent Prepared by: Ben Clark, Public Works 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5436 RESOLUTION NO. 12 -256 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN SHIVE- HATTERY, INC. AND THE CITY OF IOWA CITY FOR MATERIAL TESTING AND INSPECTION SERVICES DURING THE CONSTRUCTION OF THE WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT. WHEREAS, the City received bids and awarded a contract for construction of the Wastewater Treatment Facilities Consolidation Project; and WHEREAS, it is desirable for Shive - Hattery, Inc. to provide construction phase Materials Testing and Inspection Services during construction of the Wastewater Treatment Facilities Consolidation Project; and WHEREAS, City staff has negotiated an Agreement with Shive - Hattery, Inc. to provide said services; and WHEREAS, the City council deems it in the public interest to enter into the negotiated agreement with Shive- Hattery, Inc. for Material Testing and Inspection Services during construction of the project; and WHEREAS, funds for this project are available in the South Wastewater Plant Expansion account # 3135. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in triplicate. Passed and approved this 15th day of May '20 12 &A � A MAYOR / Approved by A ATTEST: CITY ERK City Attorney's Office pweng\masters \ConsultAgt. doc Resolution No. 12 -256 Page 2 It was moved by Throgmorton and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x -x x x x NAYS: ABSENT: x Champion Dickens Dobyns Hayek Mims Payne Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 15thday ofMay 2012, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive - Hattery, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City received bids and awarded a contract for construction of the Wastewater Treatment Facilities Consolidation Project (Account #3135); and WHEREAS, the City requested proposals from firms that are qualified to perform material testing services; and WHEREAS, Shive - Hattery, Inc. as the lead agency, who teamed up with Geotechnical Services, Inc. (GSI) and Iowa Inspection Technology, were found to best meet the requirements of this project; and WHEREAS, it is desirable for Shive - Hattery, Inc. to provide construction phase Materials and Inspection Services during construction of the Wastewater Treatment Facilities Consolidation Project. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City as it relates to the Plans and Specifications for the Wastewater Treatment Facilities Consolidation project prepared by Stanley Consultants dated January 2012, and to do so in a timely and satisfactory manner. A. Perform compaction testing for road /parking embankments, EQ Flow Basin embankments, utility trenches, wall backfill, and subgrade /subbase below slabs. B. Observe proof rolls on subgrade /subbase below pavements where available. C. Perform standard proctors and atterburg limits on soils to be used for backfill. D. Sample onsite soils to be used for the EQ Basin liner, along with samples of bentonite in order to determine the final addition rate of bentonite for the new liner. The specifications require testing at rates of 3 and 5 Ib /ft2, and the testing will include Standard Proctor Tests, Atterburg Limits Tests, and Hydraulic Conductivity Tests. The plans have estimated three different soil types requiring testing for this project. After construction of the bentonite amended soil liner, 8 thin - walled tube samples of the finished liner will be collected and hydraulic conductivity tests performed. E. Perform gradations on granular utility trench backfill. F. Check bearing capacity below spread footings. G. Record data during installation of 3 test piles and 3 reaction piles, calibrate the grout pump with a drum, and mold the required preliminary grout cube specimens. Supply a calibrated load cell and readout box for the load tests; the contractor will be responsible for all other load test setup and instrumentation. Observation of test pile and reaction pile installations is expected to be completed in 1 day, and the load testing is expected to be completed in 5 consecutive business days. A letter report after completion of all load tests with a discussion of results and recommendations of final lengths will be provided. -2- H. Perform full -time inspections during production pile installation. Document installation times, lengths, cutoff elevations, grout take, and grout volume. Observe rebar placement after pile installation. Mold 3 grout cubes per half day of pile installation. Two cubes from each set will be tested at 7 days, and the remaining cube will be tested at 28 days for compressive strength. A summary letter report will be issued after the piles are all installed and grout cubes have all been tested. I. Perform reinforcement steel inspections. J. Perform slump and air content, and make compressive strength cylinders on structural concrete at the project site. One set of 4 cylinders per set for each 150 cubic yards of structural concrete placed in any one day in accordance with ACI 301 and project specifications. K. Provide laboratory cure and perform compressive strength test on 4" x 8" concrete cylinders. One cylinder will be tested at 7 days, two cylinders will be tested at 28 days, and one cylinder will be held in reserve. Additional cylinders can be made and broken at the City's request. L. Perform slump and air content, and make flexural strength beams on paving concrete at the project site. One set of 4 beams per day of paving concrete in accordance with ACI 301 and project specifications. Provide laboratory cure and perform flexural strength tests on the beams at 7, 7, 14, and 28 days. Additional test beams can be made at the City's request. Conduct maturity testing in -place of the beam testing if a maturity curve is completed on the concrete mix by the ready mix plant (typically one is on file for most paving mixes at the ready mix plant) and approved by the City. M. Witness core drilling of samples daily and deliver samples to Hot Mix Asphalt plant for testing according to SUDAS and IDOT specifications. Review test reports for compliance for in -place density, thickness, and air voids. Periodically observe tests being completed at the Hot Mix Asphalt plant's laboratory. N. Inspect welded and bolted connections for structural metal framing, along with visually inspecting studs and anchors. O. Visually inspect rebar and cells cleanliness for load bearing masonry walls. Test grout for compressive strength and check mortar mix ID. Three 2x2x2 grout cubes will be made every 5,000 square feet of wall surface and tested at 7 and 28 days for compressive strength. P. Prepare and submit reports summarizing test results to the City's Representative within 24 hours of when testing was performed. Some test results can be reported verbally upon request as soon as the test is completed. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Consultant shall complete the above described Scope of Services by February 7, 2014 III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. -3- To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. -4- K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES Compensation for Material Testing Services will be in accordance with the testing required by the Project Specifications prepared by Stanley Consultants that are dated January 2012. The compensation, per specification section, is as follows: SECTION 032000 — CONCRETE REINFORCING SECTION 033000 — CAST -IN -PLACE CONCRETE Technician Cylinders Gradation (coarse and fine) Rebar Inspections Project Management Mileage 341 Trips @ 2.0 Hours/Trip 682 Hours @ $80 /Hour 359 Sets of 4 @ $84 /Set 10 Tests @ $120/Test 225 Hours @ $80 /Hour 20 Hours @ $98 /Hour 5,797 Miles @ $0.55 /Mile Subtotal SECTION 040500 — COMMON WORK RESULTS FOR MASONRY Technician Grout Cubes Project Management Mileage 6 Trips @ 1.0 Hour/Trip 6 Hours @ $80 /Hour 3 Sets of 3 @ $40 /Set 1 Hour @ $98 /Hour 34 Miles @ $0.55 /Mile Subtotal $ 54,560.00 30,156.00 1,200.00 18, 000.00 1,960.00 3.188.35 $ 109,064.35 $ 480.00 120.00 98.00 18.70 $ 716.70 -5- SECTION 051000 —STRUCTURAL METAL FRAMING Weld /bolt Inspections 5 Trips @ $300/Trip SECTION 055000 — METAL FABRICATIONS Inspect Studs /Anchors 4 Trips @ $300/Trip SECTION 310813.16 — BORED AND AUGERED PILE LOAD TESTS Engineer - Installations (1 Trip) Grout Cubes (6 /Set) Mileage Engineer -Load Tests & Final Report (1 Trip, 1 Week) SECTION 312200 — GRADING Technician Nuclear Gauge Standard Proctors Atterburg Limits GSI EQ Basin Liner Tests Project Management Mileage 14 Hours @ $95 /Hour 12 Cubes @ $15 /Cube 240 Miles @ $0.55 /Mile 6 Tests @ $1,200/Test Subtotal 61 Trips @ 1.5 Hours/Trip 91.5 Hours @ $80 /Hour 82 Tests @ $7/Test 4 Tests @ $120/Test 4 Tests @ $120/Test Unit Cost (4 Days On -Site) 3 Hours @ $98 /Hour 518 Miles @ $0.55 /Mile Subtotal SECTION 312300 — TRENCH EXCAVATION AND FILL Technician Nuclear Gauge Standard Proctors Gradation Project Management Mileage 50 Trips @ 1.2 Hours/Trip 60 Hours @ $80 /Hour 100 Tests @ $7/Test 2 Tests @ $120/Test 2 Tests @ $120/Test 3 Hours @ $98 /Hour 425 Miles @ $0.55 /Mile Subtotal SECTION 312316.16 — STRUCTURAL EXCAVATION AND BACKFILL Technician Nuclear Gauge Standard Proctors Atterburg Limits Bearing Capacity Tests Project Management Mileage 243 Trips @ 1.2 Hours/Trip 291.6 Hours @ $80 /Hour 560 Tests @ $7/Test 3 Tests @ $120/Test 3 Tests @ $120/Test 20 Tests @ $7/Test 15 Hours @ $98 /Hour 2,066 Miles @ $0.55 /Mile Subtotal SECTION 316316 — AUGERCAST GROUT PILES (SECONDARY CLASSIFIERS) $ 1,500.00 $ 1,200.00 $ 1,330.00 180.00 132.00 7.200.00 $ 8,842.00 $ 7,320.00 574.00 480.00 480.00 6,809.00 294.00 284.90 $ 16,241.90 6 4,800.00 700.00 240.00 240.00 294.00 233.75 $ 6,507.75 $ 23,328.00 3,920.00 360.00 360.00 140.00 1,470.00 1.136.30 $ 30,714.30 Engineer Unit Cost (10 Days On -Site) $ 9,694.00 IV SECTION 321216 — ASPHALTIC PAVING Technician (Monitor) 9 Trips @ 2.0 Hours/Trip 18 Hours @ $80 /Hour $ 1,440.00 Project Management 2 Hours @ $98 /Hour 196.00 Mileage 153 Miles @ $0.55 /Mile 84.15 Subtotal $ 1,720.15 SECTION 321123 —AGGREGATE BASE COURSES Technician 23 Trips @ 1.0 Hours/Trip 23 Hours @ $80 /Hour $ 1,840.00 Nuclear Gauge 54 Tests @ $7/Test 378.00 Standard Proctor 1 Test @ $120/Test 120.00 Project Management 2 Hours @ $98 /Hour 196.00 Mileage 195 Miles @ $0.55 /Mile 107.25 Subtotal $ 2,641.25 SECTION 321313 — CONCRETE PAVING Technician 28 Trips @ 2.0 Hours/Trip 56 Hours @ $80 /Hour $ 4,480.00 *Beams 28 Sets of 4 @ $180 /Set 5,040.00 Project Management 2 Hours @ $98 /Hour 196.00 Mileage 476 Miles @ $0.55 /Mile 261.80 Subtotal $ 9,977.80 *This cost will not be incurred if maturity testing is selected by the Contractor and the City. FOR A TOTAL FEE NOT TO EXCEED: $198,820.20 Due to quantity changes that may occur during the course of construction, adverse weather, and construction methods, the number of tests and man -hours may change accordingly. If more than one inspection listed above can be completed during any one individual trip, then the mileage and travel time will be reduced. The numbers of trips to complete the necessary testing for each individual section above are estimates; any trips above the amount included will be considered an extra and will be invoiced at the unit rates listed above. Any additional testing requested by the City will be considered as a change of Scope. For samples collected by the City for concrete cylinders, cubes and beams, only the time expended to pick up the samples (if applicable), mileage and the individual laboratory test fees will be invoiced to the City. There will be no additional charge for working overtime or weekends. ADDITIONAL SERVICES The following items are services that are not included in the contract amount but can be added by the City at additional cost. A. Attendance of construction progress meetings. B. Additional tests for Contractor's or the City's convenience. C. Testing that is not defined in this contract. -7- V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY Date: May 1 5 _ 2012 ATTEST: 31 a4�� 41/ `�o FOR THE CONSULTANT I i By: Title:_ Construction Services Manager Date: May 3, 2012 Approved by: "-Q r- City Attorney's Office Date r t CITY OF IOWA CITY 22 MEMORANDUM Date: May 7, 2012 To: Tom Markus, City Manager From: Rick Fosse, Public Works Director _P_Ip� RE: TWO -YEAR CONTRACT EXTENSION WITH CITY CARTON COMPANY, INC. Introduction The current contract with City Carton Recycling will expire on June 30, 2012. This contract establishes the terms for City Carton to accept, process and sell the recyclable materials collected by the City. History /Background Iowa City has had a residential curbside recycling program in place for almost 20 years. It has been the City's desire to encourage and improve participation in the curbside recycling program to extend the life of our landfill and to be better stewards of our environment by conserving natural resources. Balancing cost and convenience has always been on important consideration in providing this service. For many years our program has been source separated by the customer to achieve the maximum market price for the recyclables which helps to control rates. At the time our existing contract was negotiated we explored single stream recycling but the cost was such that it would not work within our existing rate structure. In an effort to improve convenience and maintain our rates, we implemented dual stream recycling in 2011. Instead of being asked to sort into various streams, residents were asked to simply sort into two streams: paper and containers. Our refuse staff then sorts the materials further at the curb into newspaper and magazines, mixed paper, cardboard, plastic and metals. Although we have not had a large public education /promotion campaign on dual stream yet, we have seen a 3% increase in curbside recycling volume. We believe that with better promotion we can significantly improve this figure. Much of our attention over the past year has been focused on the completion and programing of the East Side Recycling Center and the new landfill cell. These projects are now complete and will allow focus on promoting our dual stream recycling system. Discussion of Solution Staff has negotiated better terms in the proposed contract extension for single stream recycling. However, single stream recycling remains out of reach for our existing rate structure. The "sweat equity" provided by our customers and staff to separate the recyclables pays significant dividends in the market place and is an important part of our rate structure. Financial Impact The recommendation outlined below preserves our existing terms for source separated materials and improves the terms for single stream materials. It also reduces the term of the agreement from three to two years. The shorter term is desirable as we explore other options. Recommendation Staff recommends exercising the rollover option of the City Carton Contract for a period of two years and to continue with dual stream recycling during this period. The contract extension includes an option to transition to single stream if we desire to do so. M AGREEMENT FOR RECYCLING SERVICES This Agreement is being made and entered into between the City of Iowa City ( "City ") and City Carton Company, Inc. [aka City Carton Recycling] ( "Contractor") in Iowa City, Iowa for services in connection with recycling. WHEREAS, the City desires to remove d recycle certain materials in manner consistent with regulations developed by the U.S. Environmental P tection Agency, the Iowa epartment of Natural Resources and consistent with good environmental practic s; and WHEREAS, the Contractor would like to NOW THEREFORE, in consideration of their I. STORAGE AND REMOVAL said recycling Orvices to the City of Iowa City. promi §6s, City and Contractor agree as follows: 1. Contractor agrees to provide recycling se es to the City of Iowa City for the following recycling commodity streams, hereinafter called "r cyc ble materials:" magazines, newsprint, mixed paper, old corrugated containers, #1-#7 plas ' s (no otor oil bottles or Styrofoam), tin /aluminum /steel, clear glass and mixed brown /green g ss. Cont ctor agrees to provide said recycling services in a safe and good faith manner. 2. Contractor shall provide all n essary labor, equi ment and materials for performing services described herein. These shal be considered an int ral part of the service, and no additional compensation will be paid the efor. 3. Contractor shall provide a drop -off site suitable for the unloa ing of recyclable materials from refuse packer trucks, side loade trucks and dump trucks, as delivered City or its agents, in order to ensure total storage of all recy able materials delivered to the ContractdYs place of business at 3 E. Benton Street or agreed upo designated area. Once City drops the recyclable materials off at Contractor's plant, Contractor ass me all responsibility for said recyclable materials. 4. Contractor agrees to have no markings on vehicles or containers that indicate or tend to indicate any official relationship between the Contractor and the City. 5. The City's hauling vehicles shall be weighed on the Contractor's scale upon entry to the Contractor's 2 place of business, and shall be weighed again when unloaded and prior to leaving the site. A copy of the scale ticket will be given to City's driver at that time. Records of net weight of recyclable materials delivered shall be forwarded to the City on a monthly basis, and shall be deemed accurate and accepted unless objected to by City within ten (10) calendar days of receiving the monthly records. The Contractor shall maintain accurate cumulative records for the duration of this Agreement, and shall provide such records to the City within a reasonable time after City's 6. Contractor will provide City with access to Contractor's place of yse. ess during City's normal working hours of 7:00 AM to 5:00 PM, Mond rperation ough Friday. This pon in no way limits Contractor's ordinary hours of business or hours of apart from City's II. RECYCL ING 7. Contractor agrees those portions of to its performance of this agreement shall City agrees to give reasonable notice to Cc 8. The Contractor shall recycle materials fol may include a variety of processes. recycli and measuring operations that are material bjec o periodic inspection by the City or its agents. to such inspections. generally accepted standards in the industry, which 9. Upon receipt of City's recyclable materia , Cont ctor agrees to carry out the delivery, packaging, crushing and /or any other preparation ccording o standard operations of the recycling industry. Parties acknowledge Contractor may II said recycl ble materials to bona fide users or sell back into the manufacturing stream for recyclin purposes. r 10. The Contractor's recycling opera on, including storage of materials to be recycled and of recycled materials, shall be conducted o a site which meets the equirements of all applicable federal, state and local laws and regulations, including zoning ordinances.\ 11. Parties agree that Contrac or shall be responsible for its ow\ equipment in order to satisfactorily perform this Agreement, a d that City shall in no way be responsite for the method or means by which material is recycled. 12. The Contractor shall be responsible for all permits, fees, and expenses related to the disposal of any waste material from its operation which is not recyclable, and shall do so in a manner consistent with all applicable federal, state and local laws, including rules and regulations promulgated or enforced by K, the U.S. Environmental Protection Agency, the Iowa Department of Natural Resources, and /or local solid waste disposal facilities. This provision shall have no application in situations where the City fails to provide material free from any and all hazardous waste, in which case all expenses related thereto shall be attributed to the City. III. CITY'S RESPONSIBILITIES 13. The City may secure "drop off' locatio s in Iowa City for he public's disposal of residential and commercial recyclable materials, and will designate these cations for said use, with notice to the public. Any material deposited at the Cont ctor's designa d drop site located at 3 E. Benton St. will be the responsibility of the Contractor and is of part of thi agreement. 14. The City shall provide bins of sufficient capac recyclable materials from adverse weather. C notice to the public on appropriate use of the cooperation with Contractor. 15. The City will provide pickup and delivery sE of business located at 3 E. Benton Street, described above. and uality at these drop -off locations to protect the als agrees these bins shall include instructions and �s and that these notices will be prepared by City in fro the "drop -off' locations to the Contractor's place City, r agreed upon designated area, as previously 16. The City may provide curbside colle6on of recyclable aterials to residential and commercial properties as defined in the Iowa City Code of Ordinances as amended. The City will deliver the recyclable materials collected to the (contractor's place of busin ss, as previously described above. 17. The City agrees that it will not kIn wingly or intentionally deliver t Contractor any loads that contain solid waste or material other t, an recyclable materials, in any materials contaminated by hazardous waste. If Contractof believes that a delivery of recyclabl materials contains solid waste or material other than recyclable materials that exceeds 1.5% of the tal weight of the delivery or contains any quantity of hazardous substances, Contractor may reject t e delivery and contact City representative to inspect Igad. If load is deemed contaminated in excels of 1.5% of load's total weight, City will pay for a� costs of hauling and disposal plus $75 per ton for additional handling. 1 Materials with significant food contamination and wet materials are considered contaminated. IV. GENERAL PROVISIONS_ 4 18. The City reserves the right to terminate this Agreement upon 10 calendar days' written notice for Contractor's substantial violation of state or federal law or City ordinance, which violation is directly related to the subject matter of this Agreement. If the violation is not cured within the said 10 -day period given, this Agreement shall ter7-day unless 1) Contractor has made substantial steps to cure the violation prior to expiration of the period; and 2) City, in its sole discretion, agrees not to terminate. 19. This Agreement shall remain in effect for a period of two (2) years, beginning on July 1, 2012 and ending on June 30, 2014. 20. Two options for delivery of materials a available irk this contract, outlined below. The City will notify the contractor at least 90 days prio to making he change. On the agreed -upon date for the change to single stream, Section V.28 will o into eff ct and Section V.27 will no longer apply. (a) The City may deliver the materials so ed by tream. In this case, no processing fee will be charged and some materials will be co ens ed based on market values (see Section V. 27). (b) The City may determine within the cont ct o switch to single stream curbside collection and deliver to City Carton single stream mater I . In this case, a new pricing structure (Section V. 28) will go into effect. 21. This Agreement shall be governed by the laws cif th State of Iowa. 22. Neither the City nor the Contractor shall as ign or tr sfer its interest in this Agreement without the written consent of the other. Nor shall Contr ctor or City ompete against the interests of the other. 23. This Agreement represents the entire agr ement between a City and the Contractor and supersedes all prior negotiations, representatio/nt, agreements, wheth written or oral. This Agreement may be amended only by written instrumeed by both the City d the Contractor, and attached as an Addendum. 24. Nothing contained in this Agreem or the perform ance of the arties hereunder, is intended to benefit any third party. 25. If any one or more of the provisions contained in this Agreement are held to be invalid, illegal, or unenforceable, this Agreement shall be deemed severable and the remainder of the Agreement shall remain in full force and effect. 5 26. The Contractor shall not commit any of the following employment practices, and agrees to include the following clauses in any of its subcontracts: Contractor agrees not to: (a) Discharge from employment ron, a to hire any individual because of sex, race, color, religion, national origin, sexual orientender identity , marital status, age, or disability unless such disability is related to job pert e of such person or employee. (b) Discriminate against any indivi sex, race, color, religion, nation disability unless such disability i V. COMPENSATION FOR MATERIALS ual in terms, condi ons, or privileges of employment because of I origin, sexual on ntation, gender identity, marital status, age or s elated to job pe ormance of such person or employee. The default system for this contract is for mcl material stream, in which case Section V.27 a single stream system, the City will notify t On the agreed -upon date for the change to V.27 will no longer apply. The prices listed below shall not increase 27. Materials sorted by stream. J arrive at the contractor's facility sorted by effect. If and when the City is ready to change to actor at least 90 days prior to making the change. ream, Section V.28 will go into effect and Section ng the\2 year term. a. Newsprint and magazines. The market price paid t the City will be based on the Official Board Market (OBM) ( #6 News -Chic o region). The uni price per ton paid each month to the City by the Contractor shall be t e high side #6 minus 30 per ton for drop box materials and curbside material for term of the contract. The Contra or, will honor a floor price of $0 per ton for term of contract should he OBM drop below $30 pe ton. The City will not be charged for the material. b. Old Corrugated Containds (OCC). The market price paid to the City will be based on the Official Board Market (OBM) ( #11 OCC- Chicago region). T e unit price per ton paid each month to the City by the Contractor shall be the high side #11 'nus 50% per ton for drop box materials and curbside material for term of the contract. The Con actor will honor a floor price of $0 per ton for term of contract. The City will not be charged for the material. M C. Mixed paper. No compensation shall be paid for mixed paper. The City will not be charged for the material. d. Plastic. No compensation shall paid for plastic. The City will not be charged for the material. e. Tin, Aluminum and Steel. No �rials. ompensation shall be p id for tin, aluminum and steel. The City will not be charged for the ma f. Clear glass. The City will be charged $10 per ton for /clear glass. g. Mixed brown /green glass. The C y will be chared $40 per ton for mixed brown and green glass. h. Co- mingled Materials. The Contractor ill ac ept up to 10% of the monthly recycling tonnage g (both curbside and drop box materials) dip- mingled. The Contractor will charge a $65 per ton fee for co- mingled material. This applies (only within the pricing structure in Section V.27. When the City changes to single stream, tl�e�ricing structure in Section V.28 will be in effect. i. Non recyclable materials Exceeding ;1.5 %. Contractor's handling of materials. City is re; material. 28. Single stream materials. ctor will charge City $75 per ton for for all costs of hauling and disposing of a. Contractor will charge City a fe per ton for material received to' be negotiated at the time notice is given to exercise the single tream option. b. Contractor will provide reve ue sharing with the City based up on the following (percentages are based upon prior audits of material received from the City): Commodity Allocated Percent of total Tonnage Rebate if Market Price is </ =$55 per ton Rebate if Market Price is > =$55 per ton OBM #6 News 53% 30% of OBM High Side 50% of OBM High Side Mixed Paper #1 37.5% 30% of OBM High Side 50% of OBM High Side Ferrous Tin Cans 3% 30% of Low Side of End Market Price 50% of Low Side of End Market Price Commingled Plastic Containers 5% 30% of Low Side of End Market Price 50% of Low Side of End I Market Price 7 Non - Recyclable Materials 1 1.5% 1 $0 Per Net Ton $0 Per Net Ton OBM Official Board Market HS High side of pricing published in the Chicago Region of the Official Board Market for the specific grade ONP Old Newsprint i C. Non recyclable materials Exc eding 1.5 %. Contr ctor will charge City $75 per ton for Contractor's handling of mat rials. City is respo sible for all costs of hauling and disposing of material. d. City has the option to annually k for an audi and percentage re- allocation based on an audit performed by Contractor. 29. If payment to the City is appropriate after c culati the difference between the base price and the unit deduct price, payment to the Iowa City Acco nti Division, 410 East Washington St., Iowa City, Iowa 52240 will be due and payable within 30 da of the last day of each calendar month. Delinquent payments shall draw interest at 1.5% per mont rom the due date, until paid. Contractor also agrees that if the City obtains a judgment on the a ou t due, Contractor agrees to pay court costs and reasonable attorney fees. ' VI. LIABILITY f 30. The Contractor is solely responsible fort/ the means, meth ds, sequencing and procedures used in fulfilling its obligations under this Agreement, and is solely r sponsible for the safety of Contractor's personnel and its own operations. VII. INSURANCE 31. Certificate of Insurance; Cancellation or Modification (a) The Contractor shall submit to the City, for approval, an annual Certificate of Insurance for the term of this agreement. (b) The Contractor shall notify the City in writing at least thirty (30) calendar days prior to any substantial changes or in the event of any cancellation or notice of non - renewal of said policy, .%3 policies or coverage. (c) Cancellation or non - renewal of said policy or policies shall be considered just cause for the City to immediately cancel this Agreement and /or to halt work under this Agreement. 32. Minimum Coverage (a) Any policy or policies of insur nce purchased i by the Contractor to satisfy Contractor's responsibilities under this Agre ent shall include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coverage a. Comprehensive General Liab (1) Bodily Injury and Property b. Motor Vehicle Liability & Property Damage Insurance (1) Bodily Injury and Property age 00,000 Combined Single Limit ah $500, 000 Aggregate $1,000,000 c. Workers' Compensation Insurangb as required by Chapter 85, Code of Iowa. d. The City requires that the Con�actor's insu nce carrier be A rated or better by A.M. Best. (b) In addition, the Contractor shall a required to co ly with the following provisions with respect to insurance coverage: 1) The entire amount of ontractor's liability insura a policy coverage limits, identified in the policy and on the C rtificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor beco es liable, or for which the insured assumes liability un er the indemnity agreement he ein contained, and such coverage amount shall not be subject to reduction or set off by virtug of investigation or defense costs incurred by Contractor's insurer. 2) The entire amount of the Contractor's liability insurance policy coverage limits shall be E payable by the Contractor's insurer, with no deductible to be paid by, or self- insured retention to be attributed to, the Contractor unless this requirement is waived by the City. Contractor's Certificate of Insurance must set forth the nature and amount of any such deductible or self - insured retention. 3) If Contractor's liability insurance verage is subject to any special exclusions or limitations not common to the type of verage being provided, such exclusions or limitations shall be i noted on the Certificate of nsurance. 4) Contractor agrees to provi a City with "occurrence f rm" liability insurance coverages. VIII. MISCELLANEOUS 33. Hold Harmless; Endorsement Required a. The Contractor shall indemnify, defen and ho harmless the City of Iowa City and its officers, employees, and agents from any and a liab' ity, loss, cost, damage, and expense of whatever nature, which may result from the n gent acts or omissions of Contractor, including Contractor's agents, assigns, officials and mployees. This provision shall apply to and include costs of defense, reasonable attorney f es nd court costs, and shall apply to all such claims regardless of whether the claims are m�ritoriou . b. It is further agreed that the Contra7eucoverage, tr's insuranc coverage shall include an endorsement that, with regard to Contractor's insuran the ontractor shall not assert any claim against the City, its officers or employes arising in any w from this Agreement. This in no way precludes Contractor from asseyting claims for damages rising from the City's own negligence. 34. Independent Contractor Contractor, including any of zitity, subcontractors, are not and shall note deemed to be an agent or of employee of the City Iowa, Iowa, but at all times are deemed to be"' independent contractors. This Agreement executed this day of CITY CONTRACTOR 20 , in duplicate originals. 10 CITY OF IOWA CITY, IOWA CITY CARTON COMPANY, INC. By: By: Matthew J. Hayek, Mayor ATTEST: Andy Ockenfels, President ATTEST: I" ad, Prepared by Jennifer Jordan, Recycling Coordinator, 3900 Hebl Ave. SW, Iowa City, IA, 52246, (319) 887 -6160 RESOLUTION NO. 12 -257 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A TWO -YEAR CONTRACT WITH CITY CARTON COMPANY, INC. TO CONTINUE EXISTING RECYCLING PROCESSING SERVICES. WHEREAS, the City of Iowa City authorized a Recycling Services contract with City Carton Company, Inc. by Resolution #09 -304 on September 15, 2009; and WHEREAS, the Recycling Services contract will expire on June 30, 2012; and WHEREAS, the Recycling Services contract provides for an extension of the contract for one additional three - year term, but staff wishes only to extend services for two years at this point; and WHEREAS, the staff has negotiated a two year extension under near - identical terms. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT the Mayor is authorized to sign and the City Clerk to attest the attached contract for recycling processing services with City Carton Company, Inc. Passed and approved this 1 5th day of May 2012. z n Approved by: MAYOR ATTEST: City Attorney's Office / CITY CtERK It was moved by Mims and seconded by Payne that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns Hayek x Mims Payne X Throgmorton AGREEMENT FOR RECYCLING SERVICES This Agreement is being made and entered into between the City of Iowa City ( "City ") and City Carton Company, Inc. [aka City Carton Recycling] ( "Contractor ") in Iowa City, Iowa for services in connection with recycling. WHEREAS, the City desires to remove and recycle certain materials in a manner consistent with regulations developed by the U.S. Environmental Protection Agency, the Iowa Department of Natural Resources and consistent with good environmental practices; and WHEREAS, the Contractor would like to provide said recycling services to the City of Iowa City. NOW THEREFORE, in consideration of their mutual promises, City and Contractor agree as follows: I. STORAGE AND REMOVAL 1. Contractor agrees to provide recycling services to the City of Iowa City for the following recycling commodity streams, hereinafter called "recyclable materials:" magazines, newsprint, mixed paper, old corrugated containers, #147 plastics (no motor oil bottles or Styrofoam), tin /aluminum /steel, clear glass and mixed brown /green glass. Contractor agrees to provide said recycling services in a safe and good faith manner. 2. Contractor shall provide all necessary labor, equipment and materials for performing services described herein. These shall be considered an integral part of the service, and no additional compensation will be paid therefor. 3. Contractor shall provide a drop -off site suitable for the unloading of recyclable materials from refuse packer trucks, side loader trucks and dump trucks, as delivered by City or its agents, in order to ensure total storage of all recyclable materials delivered to the Contractor's place of business at 3 E. Benton Street or agreed upon designated area. Once City drops the recyclable materials off at Contractor's plant, Contractor assumes all responsibility for said recyclable materials. 4. Contractor agrees to have no markings on vehicles or containers that indicate or tend to indicate any official relationship between the Contractor and the City. 5. The City's hauling vehicles shall be weighed on the Contractor's scale upon entry to the Contractor's place of business, and shall be weighed again when unloaded and prior to leaving the site. A copy of the scale ticket will be given to City's driver at that time. Records of net weight of recyclable materials delivered shall be forwarded to the City on a monthly basis, and shall be deemed accurate and accepted unless objected to by City within ten (10) calendar days of 2 receiving the monthly records. The Contractor shall maintain accurate cumulative records for the duration of this Agreement, and shall provide such records to the City within a reasonable time after City's request. 6. Contractor will provide City with access to Contractor's place of business during City's normal working hours of 7:00 AM to 5:00 PM, Monday through Friday. This provision in no way limits Contractor's ordinary hours of business or hours of operation apart from City's use. II. RECYCLING 7. Contractor agrees those portions of Contractor's recycling and measuring operations that are material to its performance of this agreement shall be subject to periodic inspection by the City or its agents. City agrees to give reasonable notice to Contractor prior to such inspections. 8. The Contractor shall recycle materials following generally accepted standards in the industry, which may include a variety of processes. 9. Upon receipt of City's recyclable materials, Contractor agrees to carry out the delivery, packaging, crushing and /or any other preparation according to standard operations of the recycling industry. Parties acknowledge Contractor may sell said recyclable materials to bona fide users or sell back into the manufacturing stream for recycling purposes. 10. The Contractor's recycling operation, including storage of materials to be recycled and of recycled materials, shall be conducted on a site which meets the requirements of all applicable federal, state and local laws and regulations, including zoning ordinances. 11. Parties agree that Contractor shall be responsible for its own equipment in order to satisfactorily perform this Agreement, and that City shall in no way be responsible for the method or means by which material is recycled. 12. The Contractor shall be responsible for all permits, fees, and expenses related to the disposal of any waste material from its operation which is not recyclable, and shall do so in a manner consistent with all applicable federal, state and local laws, including rules and regulations promulgated or enforced by the U.S. Environmental Protection Agency, the Iowa Department of Natural Resources, and /or local solid waste disposal facilities. This provision shall have no application in situations where the City fails to provide material free from any and all hazardous waste, in which case all expenses related thereto shall be attributed to the City. III. CITY'S RESPONSIBILITIES 3 13. The City may secure "drop off' locations in Iowa City for the public's disposal of residential and commercial recyclable materials, and will designate these locations for said use, with notice to the public. Any material deposited at the Contractor's designated drop site located at 3 E. Benton St. will be the responsibility of the Contractor and is not part of this agreement. 14. The City shall provide bins of sufficient capacity and quality at these drop -off locations to protect the recyclable materials from adverse weather. City also agrees these bins shall include instructions and notice to the public on appropriate use of the bins, and that these notices will be prepared by City in cooperation with Contractor. 15. The City will provide pickup and delivery service from the "drop -off' locations to the Contractor's place of business located at 3 E. Benton Street, Iowa City, or agreed upon designated area, as previously described above. 16. The City may provide curbside collection of recyclable materials to residential and commercial properties as defined in the Iowa City Code of Ordinances, as amended. The City will deliver the recyclable materials collected to the Contractor's place of business, as previously described above. 17. The City agrees that it will not knowingly or intentionally deliver to Contractor any loads that contain solid waste or material other than recyclable materials, including any materials contaminated by hazardous waste. If Contractor believes that a delivery of recyclable materials contains solid waste or material other than recyclable materials that exceeds 1.5% of the total weight of the delivery or contains any quantity of hazardous substances, Contractor may reject the delivery and contact City representative to inspect load. If load is deemed contaminated in excess of 1.5% of load's total weight, City will pay for all costs of hauling and disposal plus $75 per ton for additional handling. Materials with significant food contamination and wet materials are considered contaminated. IV. GENERAL PROVISIONS 18. The City reserves the right to terminate this Agreement upon 10 calendar days' written notice for Contractor's substantial violation of state or federal law or City ordinance, which violation is directly related to the subject matter of this Agreement. If the violation is not cured within the said 10 -day period given, this Agreement shall terminate unless 1) Contractor has made substantial steps to cure the violation prior to expiration of the 10 -day period; and 2) City, in its sole discretion, agrees not to terminate. 4 19. This Agreement shall remain in effect for a period of two (2) years, beginning on July 1, 2012 and ending on June 30, 2014. 20. Two options for delivery of materials are available in this contract, outlined below. The City will notify the contractor at least 90 days prior to making the change. On the agreed -upon date for the change to single stream, Section V.28 will go into effect and Section V.27 will no longer apply. (a) The City may deliver the materials sorted by stream. In this case, no processing fee will be charged and some materials will be compensated based on market values (see Section V. 27). (b) The City may determine within the contract to switch to single stream curbside collection and deliver to City Carton single stream materials. In this case, a new pricing structure (Section V. 28) will go into effect. 21. This Agreement shall be governed by the laws of the State of Iowa. 22. Neither the City nor the Contractor shall assign or transfer its interest in this Agreement without the written consent of the other. Nor shall Contractor or City compete against the interests of the other. 23. This Agreement represents the entire agreement between the City and the Contractor and supersedes all prior negotiations, representations or agreements, whether written or oral. This Agreement may be amended only by written instrument signed by both the City and the Contractor, and attached as an Addendum. 24. Nothing contained in this Agreement, nor the performance of the Parties hereunder, is intended to benefit any third party. 25. If any one or more of the provisions contained in this Agreement are held to be invalid, illegal, or unenforceable, this Agreement shall be deemed severable and the remainder of the Agreement shall remain in full force and effect. 26. The Contractor shall not commit any of the following employment practices, and agrees to include the following clauses in any of its subcontracts: Contractor agrees not to: (a) Discharge from employment or refuse to hire any individual because of sex, race, color, religion, national origin, sexual orientation, gender identity, marital status, age, or disability unless such disability is related to job performance of such person or employee. (b) Discriminate against any individual in terms, conditions, or privileges of employment because of sex, race, color, religion, national origin, sexual orientation, gender identity, marital status, 5 age or disability unless such disability is related to job performance of such person or employee. V. COMPENSATION FOR MATERIALS The default system for this contract is for materials to arrive at the contractor's facility sorted by material stream, in which case Section V.27 will be in effect. If and when the City is ready to change to a single stream system, the City will notify the contractor at least 90 days prior to making the change. On the agreed -upon date for the change to single stream, Section V.28 will go into effect and Section V.27 will no longer apply. The prices listed below shall not increase during the 2 year term. 27. Materials sorted by stream. a. Newsprint and magazines. The market price paid to the City will be based on the Official Board Market (OBM) ( #6 News - Chicago region). The unit price per ton paid each month to the City by the Contractor shall be the high side #6 minus $30 per ton for drop box materials and curbside material for term of the contract. The Contractor will honor a floor price of $0 per ton for term of contract should the OBM drop below $30 per ton. The City will not be charged for the material. b. Old Corrugated Containers (OCC). The market price paid to the City will be based on the Official Board Market (OBM) ( #11 OCC- Chicago region). The unit price per ton paid each month to the City by the Contractor shall be the high side #11 minus 50% per ton for drop box materials and curbside material for term of the contract. The Contractor will honor a floor price of $0 per ton for term of contract. The City will not be charged for the material. C. Mixed paper. No compensation shall be paid for mixed paper. The City will not be charged for the material. d. Plastic. No compensation shall be paid for plastic. The City will not be charged for the material. e. Tin, Aluminum and Steel. No compensation shall be paid for tin, aluminum and steel. The City will not be charged for the materials. f. Clear glass. The City will be charged $10 per ton for clear glass. g. Mixed brown /green glass. The City will be charged $40 per ton for mixed brown and green glass. R h. Co- mingled Materials. The Contractor will accept up to 10% of the monthly recycling tonnage (both curbside and drop box materials) co- mingled. The Contractor will charge a $65 per ton fee for co- mingled material. This applies only within the pricing structure in Section V.27. When the City changes to single stream, the pricing structure in Section V.28 will be in effect. i. Non recyclable materials Exceeding 1.5 %. Contractor will charge City $75 per ton for Contractor's handling of materials. City is responsible for all costs of hauling and disposing of material. 28. Single stream materials. a. Contractor will charge City a fee per ton for material received to be negotiated at the time notice is given to exercise the single stream option. b. Contractor will provide revenue sharing with the City based up on the following (percentages are based upon prior audits of material received from the City): OBM Official Board Market HS High side of pricing published in the Chicago Region of the Official Board Market for the specific grade ONP Old Newsprint C. Non recyclable materials Exceeding 1.5 %. Contractor will charge City $75 per ton for Contractor's handling of materials. City is responsible for all costs of hauling and disposing of material. d. City has the option to annually ask for an audit and percentage re- allocation based on an audit performed by Contractor. Allocated Percent Rebate if Market Price Rebate if Market Price is Commodity of total Tonnage is </ =$55 per ton > =$55 per ton OBM #6 News 53% 30% of OBM High Side 50% of OBM High Side Mixed Paper #1 37.5% 30% of OBM High Side 50% of OBM High Side 30% of Low Side of End 50% of Low Side of End Ferrous Tin Cans 3% Market Price Market Price Commingled 30% of Low Side of End 50% of Low Side of End Plastic Containers 5% Market Price Market Price Non - Recyclable Materials 1.5% $0 Per Net Ton $0 Per Net Ton OBM Official Board Market HS High side of pricing published in the Chicago Region of the Official Board Market for the specific grade ONP Old Newsprint C. Non recyclable materials Exceeding 1.5 %. Contractor will charge City $75 per ton for Contractor's handling of materials. City is responsible for all costs of hauling and disposing of material. d. City has the option to annually ask for an audit and percentage re- allocation based on an audit performed by Contractor. 7 29. If payment to the City is appropriate after calculating the difference between the base price and the unit deduct price, payment to the Iowa City Accounting Division, 410 East Washington St., Iowa City, Iowa 52240 will be due and payable within 30 days of the last day of each calendar month. Delinquent payments shall draw interest at 1.5% per month from the due date, until paid. Contractor also agrees that if the City obtains a judgment on the amount due, Contractor agrees to pay court costs and reasonable attorney fees. VI. LIABILITY 30. The Contractor is solely responsible for the means, methods, sequencing and procedures used in fulfilling its obligations under this Agreement, and is solely responsible for the safety of Contractor's personnel and its own operations. VII. INSURANCE 31. Certificate of Insurance; Cancellation or Modification (a) The Contractor shall submit to the City, for approval, an annual Certificate of Insurance for the term of this agreement. (b) The Contractor shall notify the City in writing at least thirty (30) calendar days prior to any substantial changes or in the event of any cancellation or notice of non - renewal of said policy, policies or coverage. (c) Cancellation or non - renewal of said policy or policies shall be considered just cause for the City to immediately cancel this Agreement and /or to halt work under this Agreement. 32. Minimum Coverage (a) Any policy or policies of insurance purchased by the Contractor to satisfy Contractor's responsibilities under this Agreement shall include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coverage Class I a. Comprehensive General Liability Each Occurrence Aggregate (1) Bodily Injury and Property Damage $500,000 $1,000,000 b. Motor Vehicle Liability & Combined Property Damage Insurance: Single Limit (1) Bodily Injury and Property Damage $500,000 r;J c. Workers' Compensation Insurance as required by Chapter 85, Code of Iowa. d. The City requires that the Contractor's insurance carrier be A rated or better by A.M. Best. (b) In addition, the Contractor shall be required to comply with the following provisions with respect to insurance coverage: 1) The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement herein contained, and such coverage amount shall not be subject to reduction or set off by virtue of investigation or defense costs incurred by Contractor's insurer. 2) The entire amount of the Contractor's liability insurance policy coverage limits shall be payable by the Contractor's insurer, with no deductible to be paid by, or self- insured retention to be attributed to, the Contractor unless this requirement is waived by the City. Contractor's Certificate of Insurance must set forth the nature and amount of any such deductible or self - insured retention. 3) If Contractor's liability insurance coverage is subject to any special exclusions or limitations not common to the type of coverage being provided, such exclusions or limitations shall be noted on the Certificate of Insurance. 4) Contractor agrees to provide City with "occurrence form" liability insurance coverages. VIII. MISCELLANEOUS 33. Hold Harmless; Endorsement Required a. The Contractor shall indemnify, defend and hold harmless the City of Iowa City and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense of whatever nature, which may result from the negligent acts or omissions of Contractor, including Contractor's agents, assigns, officials and employees. This provision shall apply to and include costs of defense, reasonable attorney fees and court costs, and shall apply to all such claims regardless of whether the claims are meritorious. b. It is further agreed that the Contractor's insurance coverage shall include an endorsement that, with regard to Contractor's insurance coverage, the Contractor shall not assert any I? claim against the City, its officers or employees arising in any way from this Agreement. This in no way precludes Contractor from asserting claims for damages arising from the City's own negligence. 34. Independent Contractor Contractor, including any of its subcontractors, are not and shall not be deemed to be an agent or employee of the City of Iowa City, Iowa, but at all times are deemed to be independent contractors. This Agreement executed this 15th day of May , 20 12 , in duplicate originals. XM CITY OF IOWA CITY, IOWA By: A Matthew J. Hayek, Mayor ATTEST: Marian K. Karr, City Clerk Approved by City Attorney's Office CONTRACTOR P• - Lls, CEO =;,00 I rV ff'� 23 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -258 RESOLUTION APPROVING THE BENCHMARK PROJECT. WHEREAS, the Downtown Iowa City SSMID has proposed a program, entitled "BenchMarks Project," in which artists will paint the benches in the downtown and the northside; WHEREAS, the BenchMarks Project will enhance the culture and the aesthetics of the downtown and northside; and WHEREAS, it is the City's interest to approve the Bench Marks Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Upon the direction of the City Attorney, the City Manager is authorized to execute an agreement with the Downtown Iowa City SSMID for the BenchMarks Projects that includes the following provisions: 1. SMIDD shall be responsible for recruiting the artists and original designs. 2. Designs that are religious, political or sexual in nature will not be accepted. 3. Suggestions of smoking tobacco, drinking alcohol, or use of illegal drugs will not be accepted. 4. Corporate logos and advertising are prohibited with the exception of a plaque acknowledging sponsorship. 5. The type of paint and other materials that must be used; 6. The Public Arts Committee and City staff will ensure that the designs and finished artwork comply with the project requirements. 7. All benches in the downtown and the northside are eligible to be painted. 8. Upon completion, the City is the owner of the artwork. 9. SMIDD will assume repair and maintenance of the benches. 10. SMIDD will be responsible for repainting the benches annually or as otherwise required by the City. 11. SMIDD will be responsible for removing the artwork upon termination of the agreement and restoring the benches to their original appearance as deemed appropriate by the City. 12. Funds received by SMIDD for sponsorship of the BenchMarks Project shall only be used to support the project and offset its costs. Passed and approved this 15th day of may 2012. MAYOR ATTEST: u/ j Cl.�iv' App9� CITY CLERK City Attorney's Office ra Resolution No. 12 -258 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton CITY OF IOWA CITY 24 MEMORANDUM Date: May 8, 2012 To: Tom Markus, City Manager From: Mary Niichel - Hegwood, Purchasing Agent RE: Non - Public Safety Radio System Award Recommendation Introduction The City of Iowa City has issued a request for proposals to replace our existing radio system for non - public safety users. History /Background On April 22, 2010, the City of Iowa City's Purchasing Division issued a Request for Proposal for a Digital Land Mobile Radio System for the City of Iowa City's non - public safety radios. The solicitation was issued to replace the City's 21 -year old analog radio system with a city -wide solution sufficiently robust to satisfy the varied and demanding requirements of the City of Iowa City's non - public safety agencies, as well as provide a reliable interface to the area public safety agencies served via the Joint Emergency Communication Center. Discussion of Solution In June of 2010 proposals were received from two vendors, Racom Critical Communications and Communications Engineering Corporation (CEC). An evaluation committee initiated, conducted, and completed an evaluation of the vendors' proposals based on several criteria including Company History, References, Guarantees and Warranties, Maintenance and Support, Technical Specifications and Requirements (Functionality, Upgradeability, Compatibility, Product Reliability, and Technology), and Pricing. After performing a thorough evaluation of the technical specifications, requirements, and pricing structures for both proposed systems, the evaluation committee recommends purchasing the system proposed by CEC. Financial Impact The CEC proposal represents our least requirements. The CEC option will have an year cost of approximately $775,185. When a savings in initial cost of $100,410 and $404,635. Recommendation cost option and meets our performance initial cost of $621,980 and a projected ten compared to the other bid, this represents a savings over ten years of approximately Staff recommends award of the project to Communications Engineering Corporation. Prepared by Eric R. Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52241, (319) 356 -5030 RESOLUTION NO. 12 -259 RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO COMMUNICATION ENGINEERING CORPORATION (CEC) FOR A CITY -WIDE SOLUTION FOR NON - PUBLIC SAFETY RADIOS. WHEREAS, the City of Iowa City put out a Request for Proposal (RFP) for a Digital Land Mobile Radio System, through RFP # 11 -04; and WHEREAS, two proposals were received, one from CEC and one from RACOM; and WHEREAS, the proposals were judged by an evaluation committee based on several criteria, including Company History, References, Guarantees and Warranties, Maintenance and Support, Technical Specifications and Requirements (Functionality, Upgradeability, Compatibility, Product Reliability, and Technology), and Pricing; and WHEREAS, both proposers were given the chance to make a best and final offer; and WHEREAS, based on the criteria, and a successful test, the CEC proposal was judged to be superior, satisfying all the City's requirements, and costing approximately $400,000 less over a ten -year period; and WHEREAS, in order to be able to fully discuss the proposals in an open, public setting, staff made a provisional award of the contract to CEC, contingent on City Council approval; and WHEREAS; the contract involves an expenditure of greater than $150,000, thereby requiring City Council approval; and WHEREAS, it is in the best interests of the City to approve this contract. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT the City Manager is authorized to award the Digital Land Mobile Radio System contract to Communication Engineering Corporation. Passed and approved this 15th day of May 2012. MAYOR Approved by: ATTEST: G�tit��,f/C . y��,�c City Attorney's Office CITY CLERK It was moved by Mims and seconded by Champion that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns x Hayek X Mims X--- Payne X Throgmorton RFP #11 -04 Digital Land Mobile Radio System (Non -Pubic Safety Radio S City Council Review and Act! May 1St, 2012 (Work Session) May 151h,2012 (Formal Meeting) Agenda Background RFP Evaluation Process Cost & Capabilities Compariso Recommendation Next Steps Qackgrounr' Public Safety Radio Users • Police Departments • Fire Departments • Sheriff's Office • Department of Public Safety, UI Police • Ambulance Service • Miscellaneous Others Currently operating on the JEC Background Non - Public Safety Radio System Users • Public Works • Parks and Recreation • Housing and Inspection Services • Transportation Services • Outside Agencies • Cambus Currently operating on Iowa City's Legacy System 3ackground Interoperability with other Departments is Important Background Interoperability with Public Safety is also Important RFP Evaluation Process • April 2010 — Issued Request for Proposals (RFP) • June 2010 — Proposals are submitted • Followed City defined process for scoring • Compared Technology • Evaluated Testing Results • Developed Cost Model (Initial & 10 year) • Evaluated Governance Factors • December 2011— Requested best and final offer January 2012 — Best and final offers are submitted April 2012 — Conditional award to CEC contingent upon Council Approval RFP Evaluation Team —Tom Hansen, Gary Cohn, Mary Niichel - Hegwood an Jeff Thorsteinson (Involta) Cost and Capabilities Comparison CEC /City Infrastructure Initial Cost: $621,980 — Infrastructure upgrade: • $227,648 — Radio cost: • $705 — hand held • $604 — vehicle mounted • $1,263 — control station Total 10yr cost: $775,185 • AVL, GPS (no ongoing cost for all 333 radios) • Includes 10% replacement ($28K) • System maintenance ($125K) RACOM /JECC Infrastructure Initial Cost: $722,390 — Infrastructure • Provided by JECC — Radio cost (1325 Compliant): • $1,310 — hand held • $1,690 — vehicle mounted • $2,188 — control station Total 10yr cost: $1,179,820 • AVL, GPS (cellular ongoing cost of $150K for 75 of 333 radios) Includes 10% replacement Ongoing $75 /yr /radio user ($250K) Staff Recommendation Utilize CEC MotoTrbo on City of Iowa City primary & backup tower sites Primary Factors Considered for Recommendation: • System Coverage and Interoperability —tested and passed • Cost • Initial Cost - $100,410 savings • 10 Year Cost - $404,635 savings • Functionality • Ability to transmit data without use of additional equipment and monthly fees • Platform permits development and use of third I Next Steps *City Council action — May 15th •RFP Closeout and Notifications *Detailed Project Planning *Project Execution Prepared by: Rick Dobyns & James Throgmorton, City Members, 410 E, Washington St. Iowa City, IA 52240 (319)356 -5041 25 RESOLUTION NO. 12- Resolution Regar iversity Issu WHEREAS, periodically events occur ound the nation or world that cause widespread concern, among them the recent killi g of an unarmed teenage boy, rayvon Martin, in Florida; and WHEREAS, this event and its after ath serve as a reminder of a need to focus on issues of cultural and racial awareness and a eptance in our own com unity; and WHEREAS, Iowa City's population is ecoming more racia and ethnically diverse: between 2000 and 2010 the percent of Iowa Ci ians who are Afric American increased from 3.8% to 5.6 %, the percent who are Hispanic in reased from 2.9° to 5.3 %, and the percent who are Asian increased from 5.6% to 6.9 %; a WHEREAS, these demographic shifts to increased social tensions; and WHEREAS, most minority newcomers WHEREAS, many minority newcomers d challenges and opportunities; and / WHEREAS, many minority reside their actual behavior; and WHEREAS, many minority resi ents feel th marginalized in public deliber ions that affE WHEREAS, it is vital for Io a City's long -term sense of community. many long -term residents and contributed Iowa City in search of a better life; and that life in Iowa City presents unique ng watched, distrusted and feared regardless of Now, therefore, we the City Council of Iowa City,C committee to study Q y operations as they relate I promoting just and rmonious interaction betwee the community. W further direct the City Attorney recommending th composition of the committee, the committee w uld report its findings to the Cour Passed and al*roved this day of ATTEST: CITY CLERK voices and experiences are ignored or lives; and to create a stronger and more inclusive o hereby intend to establish an ad hoc minority populations with a view toward i local government and minority segments of prepare an appropriate resolution 1 appropriate charge, and the date by which 2012. yor • N14 Prepared by: Rick Dobyns & James Throgmorton, City Members, 410 E, Washington St. Iowa City, IA 52240 (319)356 -5041 RESOLUTION NO. 12 -260 Resolution Regarding Diversity Issues WHEREAS, periodically events occur around the nation or world that cause widespread concern; and WHEREAS, these events and their aftermath serve as a reminder of the need to focus on issues of cultural and racial awareness and acceptance in our own community; and WHEREAS, Iowa City's population is becoming more racially and ethnically diverse: between 2000 and 2010 the percent of Iowa Citians who are African American increased from 3.8% to 5.6 %, the percent who are Hispanic increased from 2.9% to 5.3 %, and the percent who are Asian increased from 5.6% to 6.9 %; and WHEREAS, these demographic shifts have contributed to increased social tensions; and WHEREAS, it is vital for Iowa City's long -term prosperity to create a stronger and more inclusive sense of community. Now, therefore, we the City Council of Iowa City do hereby intend to establish an ad hoc committee to study City operations as they relate to minority populations with a view toward promoting just and harmonious interaction between local government and minority segments of the community. We further direct the City Attorney to prepare an appropriate resolution recommending the composition of the committee, an appropriate charge, and the date by which the committee would report its findings to the Council. Passed and approved this 15th day of May 2012. ATTEST: 'CITY CLERK .1 l Approved by City Attorney's Office Resolution No. 19 -960 Page 2— It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton r CITY OF IOWA CITY MEMORANDUM Date: May 10, 2012 To: Tom Markus, City Manager From: Michael Moran, Director of Parks and Recreation Re: Resolution authorizing the City Manager to sign and the city clerk to attest a concession agreement with Fin and Feather for the provision of recreational rental equipment and food services at the Terry Trueblood Recreation Area. Introduction: The Parks and Recreation Department wishes to enter into a lease agreement with Fin and Feather to provide rentals and concessions to users of the new Terry Trueblood Recreation Area Park. History/Background: Iowa City's newest park, the Terry Trueblood Recreation Area has built a new Marina building to function as a rental and food sales area for users of the park. The Parks and Recreation Department approached Fin and Feather as the cities local premier provider of outdoor sports equipment that would be able to provide such a service to the city. Their focus will be to rent canoes, kayaks, fishing gear, bait, bicycles and provide a small concession service to the users. In the winter the focus will change to provide snow - shoes, skates and cross country ski equipment, for winter activities. The city will maintain the building while Fin and Feather will provide equipment and staffing. Discussion of Solutions: 1) Approve the contract as proposed, 2) Negotiate with another local vendor if feasible and viable 3) Have the Park and Recreation Department assume the service and manage it within the department's budget for staffing and equipment, 4) not have any service at the facility. Financial Impact: The contract will state a given percentage that Fin and Feather will agree to and provide to the city for use of the facilities. In this contract the percentage will be 4 %, which is the industry standard for the state of Iowa for this type of rental in a park setting All proceeds will be deposited into the Park and Recreation Department Budget Recommendation: Approve the resolution to Fin and Feather for management of the Marina Building at the Terry Trueblood Recreation Area. ZSb q � a_5 b Prepared by: Sarah E. Holecek, 1 st Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319)356 -5030 RESOLUTION NO. 12 -261 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST A CONCESSION AGREEMENT WITH FIN AND FEATHER FOR THE PROVISION OF RECREATIONAL RENTAL EQUIPMENT AND FOOD SERVICES AT TERRY TRUEBLOOD RECREATION AREA WHEREAS, an agreement is being negotiated between the City and Fin and Feather of Iowa City for the use of the Marina building for the recreational equipment rentals and food concessions at the Terry Trueblood Recreation Area; and WHEREAS, the agreement will be for a three year period on a year round basis and the provision of such services will enhance the public's ability to fully utilize the park; and WHEREAS, the agreement will provide the City from some revenue based on the concession's gross receipts; and WHEREAS, as it is in the public interest to provide such services at the Terry Trueblood Recreation Area, the City Manager should be authorized to execute the final agreement upon approval of the City Attorney's Office; and WHEREAS, as this is a pilot program, the Director of Parks and Recreation should be authorized to execute necessary changes to the agreement upon approval of the City Attorney's Office throughout the term of the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Concession Agreement for the use of the Marina Building between the City of Iowa City and Fin and Feather for recreational equipment rentals and food concessions at the Terry Trueblood Recreation Area is hereby authorized as being in the public interest. 2. The City Manager is hereby authorized to sign and the City Clerk to attest the Concession Agreement upon the approval of the City Attorney's Office. 3. The Parks and Recreation Director is authorized to execute necessary changes upon the approval of the City Attorney's Office throughout the term of the agreement. Passed and approved this 15th day of May 120 12 ATTEST: k. CITftLERK .L1 W� Resolution No. 12 -261 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns — x Hayek x Mims —x Payne x Throgmorton :■: TPaks = Ration WEnt _ - -�.- ,i� 11 �tec� . ECREATIC psi , BUIL :S! DIN( ?•' `� ''� ^ -� COI s' • •Iell I Terry Trueblood Recreation Area Marina Building view from parking Rentals Canoes & Paddle Boats Rentals Kaydks Skates f, - < z �r Winter rentals Cross Country Ski's & Snowshoes r " Concessions Types Fishing Limits Non -Food Items Seasons Separate from Park Lodge Contract • Agreement with renewable terms • Percentage of sales back to city negotiated annually • City to maintain building and restrooms • City to provide outdoor furniture and boat docking for rentals • Fin and Feather to provide all rental equipment and staffing 1 - Q and A • Start Date • Contract extensions • Performance • Questions