HomeMy WebLinkAbout2013-06-04 ResolutionM , 06
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 13 -175
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO AN AGREEMENT WITH RIVERSIDE THEATRE THATALLOWS THE SALE OF WINE
AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 13, 2013
THROUGH JULY 7, 2013.
WHEREAS, section 4 -5 -313 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 13, 2013 through July 7, 2013; 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 4th day of June
2013.
Approved by
ATTEST: % ^ ( 3
CITY ERK City Attorney's Office
Resolution No. 13 -175
Page 2
It was moved by Mims and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
Y 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:
1. 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 13, 2013 through July 7, 2013:
The area shall begin at the northeast corner of the festival stage box office
and continue on a straight line east 35 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
and
The seating area.
( "authorized site ") Attached, marked Exhibit A, and incorporated herein is an
illustration of the authorized site.
2. Term. This agreement shall commence on June 13, 2013 and shall expire on
_ July 7, 2013.
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 13, 2013
through July 7, 2013.
5. Sale of Beer/Wine. 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 13, 2013 through July 7, 2013, 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 13, 2013 through July 7, 2013,
Riverside shall carry "dram shop" insurance in compliance with Iowa
Code section 123.92 (2013) in the amount of $500,000 (five hundred
2
thousand dollars). Riverside shall provide thirty (30) days notice to the
City before cancellation of said insurance, and said cancellation shall
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
CITY OF IOWA CITY
WITNESS:
— -4 , I - - / rd
Mari '-an K. Karr, City Clerk
3
THE CITY OF IOWA CITY
"L-' A
Matthew J. Haye , Nyor
RIVERSIDE ACKNOWLEDGMENT
STATE OF IOWA
JOHNSON COUNTY
This instrument as acknowled ed before me on M
2013 by �`�� v�G`^ (name(s)
of person(s)) as �h t V, (type of
authority, e.g, officer, trustee, etc.) of Riverside Theatre.
My Commission expires: - )-`7 -- I I
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this -LfA day of cwt , 2013, 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.
SONDRAEFORT
o Commission Number 159791
My Compon Expires
Approved by:
Ire
Notary Public in and for the State of Iowa
My Commission expires: 3171da1 S
4
City Attorney's Office
EXHIBIT B
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.
9
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Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION, NO. 13 -176 _
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 IOWA SOUL FESTIVAL WITHIN A SPECIFIED AREA
ON A CITY STREET.
WHEREAS, section 4 -5 -30 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 Iowa Soul Festival; 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 4th day of June
ITI F-Ayfel ;
ATTEST:
CITY tLERK
Approved by
City Attorney's Office
2013.
Resolution No.
Page 2
13 -176
It was moved by Mims and seconded by Champion 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
2013 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, IOWA CITY JAZZ
FESTIVAL AND IOWA SOUL FESTIVAL
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 Iowa Soul
Festival ( "ISF ") 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
7, 2013 through June 9, 2013 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 July 5, 2013 through July 7, 2017 as shown on the diagram which is
attached, marked Exhibit B, and incorporated herein ( "Jazz Fest authorized
site ").
c) ISF. 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 September
13, 2013 through September 15, 2013 as shown on the diagram which is
attached, marked Exhibit C, and incorporated herein ( "ISF authorized site ").
2. Term. This agreement shall commence on June 7, 2013 and shall expire on
June 9, 2013 for Arts Fest, shall commence again on July 5, 2013 and shall
expire again on July 7, 2013 for Jazz Fest, and shall commence again on
September 13, 2013 and shall expire on September 15, 2013 for ISF.
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 7, 2013
through June 9, 2013, on the Jazz Fest authorized site at any time during the
period of July 5, 2013 through July 7, 2013, and on the ISF authorized site
at any time during the period of September 13, 2013 through September 15,
2013.
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 (2013).
10Temporary Toilet Facilities. SOTA shall provide at its sole cost eight (8)
temporary toilet facilities during Arts Fest in the location shown on Exhibit A,
eleven (11) temporary toilet facilities during Jazz Fest in the location shown
on Exhibit B, and nine (9) temporary toilet facilities during ISF in the location
shown on Exhibit C, including two (2) that are handicap accessible.
110ccupancy and Exits. The maximum occupancy load of the Arts Fest
authorized site is 288 persons, the Jazz Fest authorized site is 406, and
the ISF authorized site is 226 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
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 7, 2013 through June 9, 2013,
from July 5, 2013 through July 7, 2013, and from September 13,
2013 through September 15, 2013, SOTA shall carry comprehensive
general liability insurance for bodily injury and property damage on
the Arts Fest, Jazz Fest, and ISF 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
automati -cally terminate this Agreement.
b) Dram Shop Insurance. From June 7, 2013 through June 9, 2013,
from July 5, 2013 through July 7, 2013, and from September 13, 2013
through September 15, 2013, SOTA shall carry "dram shop" insurance
in compliance with Iowa Code section 123.92 (2013) 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 automati -cally 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 ISF 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.
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
4k +h
SUMMER OF THE ARTS INC.
By: I Lisa J. B06es
THE CITY OF IOWA CITY
Marian K. Karr, City Clerk
STATE OF IOWA
JOHNSON COUNTY
day of Ib4ay 2013.
Matthew J. Hayek, Mayor
SUMMER OF THE ARTS, INC. ACKNOWLEDGMENT
This instrument was acknowledged before me on nos C' i/ 2013 by
Lisa J. Barnes as Executive Director of Summer of the Arts, Inc.
7 (9-
No ary Public in and for the State of Iowa
My Commission expires: — > )-0
KATHLE NEM THORNTON
Commission Number 764003
�•
/Owl. My Commission Expires
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this _day of J tQrQ a , 201y, 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.
SONDRAE FORT
o commission Number 159761
My com ission
3 7 Sd
Appr ed by:
�- �" t
City Attorney's Office
% ��
Notary Public in and for the State of Iowa
My Commission expires: -S 1 '71 argil
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Governmental Immunitxes Endorsement
J
1.
Non- waiver of Government Iminunity: The insurance carrier eipressly agrees
and states that the purchase of this policy aril the including of the.City of
Iowa City, Iowa as Additional'Insured does not waive:anyof the defenses of
governmental immunity available to the'Cityof Iowa City ; Iowa;'undex Code . .
of Iowa Section 670.4 as it now; exists and as it maybe amended.fro' 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" ists .
'>
and as it may be amended from ime to time. Those claims not subject to
Code of 'Iowa Section 670.4 shall be covered byahelerms and conditions: of
this :insiirance policy.:
3:
Assertion of Government Lminunxty: Tlie City of Iowa City, Iowa, shall be ;
responsible for asserting any defense. of:goveniinental immunity, .and may do
so at any time.and sl ali do. so upon the timely written request of the insurance
carrier. Nothingco itained in.this endorsement shall prevent the.carrier from
asserting the defense of governmental' iiminuriiiy on behalf of the City of Iowa '.
..City.
4.
Non= Denial. of:Goverase: The insurance carrier shall not deny coverage under
this olio and the.insurance,carrier shall not..deny.ahy6fth6 rights :and. .. .
p., y.
...
benefits accruing to the:`.City of Iowa City, Iowa under 's policy:fox reasons
o f governinerital immunity unless and until a court of competent jurisdiction
has. ruled °in favor ofthe:defense(s) of governmental immunityasseried by
City of OW Y, Iowan
No Other Change in Policy. The insurance camef, 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. .
y,z
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 13 -177
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND WEST BANK, IOWA CITY, IOWA FOR PROPERTY
LOCATED AT 1843 RICHMOND LANE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Second Mortgage,
executed by the owner of the property on April 16, 2010, recorded on April 21, 2010, in
Book 4578, Page 373 through Page 378, in the Johnson County Recorder's Office
covering the following described real estate:
Lot 85, Village Green — Part XXIII, Iowa City, Iowa, according to the plat thereof recorded in
Book 50, Page 176, Plat records of Johnson County, Iowa.
WHEREAS, West Bank has refinanced a mortgage to the owner of the property located
at 1843 Richmond Lane and is securing the loan with a mortgage covering the real
estate described above; and
WHEREAS, West Bank has requested that the City execute the attached subordination
agreement thereby making the City's lien subordinate to the lien of said mortgage with
West Bank; and
WHEREAS, there is sufficient value in the above - described real estate to secure the City
position.
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 West Branch, Iowa City,
Iowa.
Passed and approved this 4th day of June , 20_U_.
��
ATTEST: -
CITftLERK
Approved by
City Attorney's Office
3d 3)
Resolution No.
Page 2
13 -177
It was moved by Mims and seconded by Champion 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
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and West
Bank, Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Second Mortgage which at this time is in
the amount of $21,600 , and was executed by Justin M. Siebert (herein the Owner), dated A !2
16, 2010, recorded April 21, 2010, in Book 4578, Page 373 through Page 378, Johnson County
Recorder's Office, covering the following described real property:
Lot 85, Village Green — Part XXIII, Iowa City, Iowa, according to the plat thereof recorded in Book 50,
Page 176, Plat records of Johnson County, Iowa.
WHEREAS, the Financial Institution has loaned the sum of $125,000 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 Second
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 Second 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 Second 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 'A day of �u�s , 20 3
CITY OF IOWA CITY
By
Mayor
Attest:
- w'I V M-0-1 W2- I
r'W�"'Fwr
�7
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
FINANCIAL INSTITUTION
On this 'f day of :T�,u� , 20�, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared - and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did gay 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 (ice)
(Resolution) No. 175 17? passed (the Resolution adopted) by City Council, under Roll Call
No. of the City Council on the iL"`` day of t+N);— , 20__L3 , and
that —,T. JS.",,., rL and Marian K. Karr acknowledged the execution of the
instrument to be their volun ary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
0 4*' SONDRAE FORT
Commission Number 159791
My Commission Expires
aa' Notary Public in and for the State of Iowa
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of / Y' �g l/ , 20 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Z-r"- OlSek) to me
personally known, who being by me duly sworn, did say that he /she is the�s
of �A5-1 /Z4 that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that said 6 r &el? acknowledged
the execution of said instrument to be the voluntary act and deed of said corporation, by it and by
him /her voluntarily executed. All , j I i
MINDAHA" Notary Public in and for the State of Iowa
Ga�nnieeion Number 725754
• �Deoember 2 20 5
My Commission expires: lo� 1
m4o�
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 13 -178
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED 142 N WESTMINSTER STREET, IOWA CITY,
IOWA.
WHEREAS, on May 18, 2009, the owners executed a Mortgage with the City of Iowa
City to secure a loan for a housing rehabilitation project; and
WHEREAS, the loan has been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the property
located at 142 N Westminster Street, Iowa City, Iowa from a Mortgage recorded June 2,
2009, Book 4447, Page 912 through Page 917 of the Johnson County Recorder's Office.
Passed and approved this 4th day of June , 20_13_.
n
MAYOR
Approved by
ATTEST:
CITY—CLERK City Attorney's Office
It was moved by Mims and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X_ Champion
X— Dickens
Dobyns
X Hayek
x Mims
S Payne
X Throgmorton
06-04 -13
3d(4)
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): Ty M. Coleman and Jennifer S. Coleman
Mortgagee: City of Iowa City
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 142 N Westminster Street, Iowa City,
Iowa, and legally described as follows:
Lot three hundred thirty-nine (339) in Oak Woods Addition Part Seven, an Addition to the
City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 14, Page 20, Plat
Records of Johnson County, Iowa
from an obligation of the owners, Ty M. Coleman and Jennifer S. Coleman, to the City of Iowa
City represented by a Mortgage recorded June 2, 2009, Book 4447, Page 912 through 917, 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: 22U a � 2 .
CITY C ERK
STATE OF IOWA )
MAYOR
A p p Qrd, bb,
City Attorney's Office
SS:
JOHNSON COUNTY )
On this � day of j WF_ , A.D. 20_L,3 before me, the undersigned, a Notary Public in and for said County, in
said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on bphalf of the corporation by
authority of its City Council, as contained in Resolution No. 13` 11 adopted by the City Council on the �_ day QFA)gF
20_L3_ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to
be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
s
SONDRAE FORT Sev�dnr,—
? commission Number 159791 Notary Public in and for Johnson County, Iowa
• My rnmrnisslon EXDIM
3 020 �
J 06 -04 -13
3d(S)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 13 -179
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND HILLS BANK AND TRUST CO., CORALVILLE,
IOWA FOR PROPERTY LOCATED AT 1930 SHERMAN DRIVE, IOWA CITY,
IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Second Mortgage,
executed by the owner of the property on November 5, 2010, recorded on November 9,
2010, in Book 4678, Page 992 through Page 997, in the Johnson County Recorder's
Office covering the following described real estate:
Lot 18, General Quarters — Part One, Iowa City, Iowa, according to the plat thereof recorded
in Book 48, Page 132, Plat Records of Johnson County, Iowa.
WHEREAS, Hills Bank and Trust Co. has refinanced a mortgage to the owner of the
property located at 1930 Sherman Drive and is securing the loan with a mortgage
covering the real estate described above; and
WHEREAS, Hills Bank and Trust Co. has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said
mortgage with Hills Bank and Trust Co.; and
WHEREAS, there is sufficient value in the above - described real estate to secure the City
position.
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 Hills Bank and Trust Co.,
Coralville, Iowa.
Passed and approved this 4th day of Jube 120 13 .
LTA
�-
ATTEST:
CITY "CLERK
Approved by
City Attorney's Office
Resolution No
Page 2
13 -179
It was moved by Mims and seconded by Champion 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
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills
Bank and Trust Co., Coralville, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Second Mortgage which at this time is in
the amount of $27,000 , and was executed by Joshua R. Schondorst (herein the Owner), dated
November 5, 2010, recorded November 9, 2010, in Book 4678, Page 992 through Page 997,
Johnson County Recorder's Office, covering the following described real property:
Lot 18, General Quarters — Part One, Iowa City, Iowa, according to the plat thereof recorded in Book 48,
Page 132, Plat Records of Johnson County, Iowa.
WHEREAS, the Financial Institution has loaned the sum of $ 134,400 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 Second
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 Second 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 Second Mortaaae 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.
A
Dated this 41 day of .S uuF , 20�.
CITY OF IOWA CITY FINANCIAL INSTITUTION
By �A
Mayor
Attest:
City erk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
By
On this _ day of � ,F--- , 20 _3_, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared n1, e-- k, and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say thaf 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 (Gfdirrance)
(Resolution) No. 13 — 179 passed (the Resolution adopted) by the City Council, under Roll Call
No. of the Cit7 Council on the day of ti 1` , 2043—, and
that a S and Marian K. Karr acknowledged the execution of the
instrument to be their volunt ry act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
*To SONDRAE FORT
mmission Number 159791
My commission ExpNes Notary Public in and for the State of Iowa
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this l ? day of /��" j , 2021, before me, the undersigned, a
Notary Public in and for the State of loins, personally appeared —1 q mcy'-W L. Schrnj jho me
personally known, who being by me duly sworn, did say that he /she is the
of that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that said-Trnn,L L xhm;,tiacknowledged
the execution of said instrument to be the voluntary act and deed of said corporation, by it and by
him /her voluntarily executed.
.� TAMARA
A. JIRAS SMITH
Tr n n Expo 1 ber
c°mm o
Public in a or the State of Iowa ?oltiry
y Commission expires: 2 – 2 cy
M 06-04-13
3d(6)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 13 -180
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND GREAT WESTERN BANK, NORTH LIBERTY,
IOWA FOR PROPERTY LOCATED AT 8, 16, 24, 32, 35, 27, 19, 11
CONEFLOWER COURT, 424 DOUGLASS COURT, 441 DOUGLASS COURT,
2160 -2162 TAYLOR DRIVE, AND 913 - 913 %. N GOVERNOR, 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 October 12, 2007, recorded on December 28, 2007, in Book
4247, Page 934 through Page 940, in the Johnson County Recorder's Office covering
the following described real estate:
See Exhibit A
WHEREAS, Great Western Bank is financing a mortgage to the owner of the property
located at 8, 16, 24, 32, 35, 27, 19, 11 Coneflower Court, 424 Douglass Court, 441
Douglass Court, 2160 -2162 Taylor Drive and 913 - 913 % N Governor and is securing the
loan with a mortgage covering the real estate described above; and
WHEREAS, Great Western Bank has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said
mortgage with Great Western Bank; and
WHEREAS, there is sufficient value in the above - described real estate to secure the City
position.
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 Great Western Bank, North
Liberty, Iowa.
Passed and approved this 4th day of June 120 13
►I W •
ATTEST: J
CITY LERK
A proved by
City Attorney's Office
�3
Resolution No. 13 -180
Page 2
It was moved by Mims and seconded by Champion 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
LEGAL DESCRIPTIONS
8, 16, 24, 32, 35, 27, 19, 11 Coneflower Court
Lots 56, 57, 58, 59, 66, 67, 68, and 69 Whispering Meadows Subdivision Part One, an addition
to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 31, Page 277, Plat
Records of Johnson County, Iowa, subject to easement and restrictions of record.
424 Douglass Court
Lot Thirty -Three (33), in Wise Addition to Iowa City, Iowa, according to the recorded plat thereof.
441 Douglass Court
Lot Thirty Five (35), in Wise Addition to Iowa City, Iowa, according to the recorded plat thereof.
913 - 913112 N. Governor
Lot 7, except the North Five (5) feet, in Bacon's Subdivision of South end of Block 1, Dewey's
Additon to Iowa City, Iowa, according to the plat of said subdivision recorded in Book 1, Page 5,
Plat Records of Johnson County, Iowa.
This property is also described as: Commencing at 5/8 -inch iron pin found at the Northeast
Corner of Survey, of a part of Lot 49 of the Subdivision of the Southeast Quarter of Section 3,
Township 79 North, Range 6 West of the 5th Principal Meridian, the Plat of which is Recorded in
Plat Book 4, at Page 49, of the Records of the Johnson County Recorder's Office, and for the
purpose of this Legal Description, the south Line of Lot 51 of said Subdivision of the Southeast
Quarter of Section 3, township 79 North, Range 6 West, of the 5th Principal Meridian, as
Recorded in Plat Book 1, at Page 1 of the Records of the Johnson County Recorder's Offfice, is
assumed to bear N 90 degrees 00' 00'W Thence N 90 degrees 00' 00" W, along the Line of the
Existing fence in the accordance with the said Plat* of Survey, 4.07 feet, to a point on the
Westerly Line of Lot 7, of Bacon's Subdivison of Block 1 of D.A. Dewey's Addition to the Iowa
City, Iowa, in accordance with the Original Plat thereof and the Plat of Survey by Daniel R.
Martin, L.S 10314, Recorded in Plat Book 26, at Page 42 of the Records of Johnson County
Recorder's Office, and the Point of Beginning; Thence N 00 degrees 09' 28" E,. along the
Westerly Line therefor 70.52, to a 5/8 inch iron pin with L.S 10314 Cap found; Thence N 88
degrees 27' 12" E, 130.06 feet, to a 518 inch iron pin'with L.S 10314 Cap found on the Easterly
Line of Lot 7 of Dewey's Addition to Iowa City, Iowa, in accordance with said Survey: Thence S
28 degrees 23" 06 "E, along the Easterly Line of said Lot 7, 88.18 feet, to a 518 inch iron pin with
L.S 10314 cap found at the Southeast Corner thereof : Thence S89 degrees 41' 23' W, along
the South Line of said Lot 7, 172.15 feet, to the Southwest Corner thereof: Thence N 00
degrees 09' 38" E, along the Westerly Line thereof, 4.48 feet, to the Point of Beginning, Said
tract of Land Contains 11,572 square feet, more or less and is subject to easements and
restrictions of Record and which described Parcel contains the following previously Platted
Auditors Parcels:
Auditors Parcels "E ", and "F" as recorded in Plat Book 32 at Page 210, of the Records of the
Johnson County Recorder's Office.
2160 -2162 Taylor Drive
Lot 294 in Part Five, Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof
recorded in Book 13, Page 18, Plat Records of Johson County, Iowa.
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Great
Western Bank, North Liberty, 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 $260,176.41, and was executed by Berry Court Limited Partnership (herein the
Owners), dated October 12. 2007, recorded December 28, 2007, in Book 4247, Page 934 through
Page 940, Johnson County Recorder's Office, covering the following described real property:
See Exhibit A
WHEREAS, the Financial Institution has loaned the sum of $189,000 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 q- 4-h h day of -c,wt�- 120 13 .
CITY OF IOWA CITY FII
By By
Mayor
Attest:
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this _ 144 day of 7Xu NJr , 20,3_, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared M 4 cw rT and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did s y 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 (4k4inw -ce)
(Resolution) No. /3 -- /gp passed (the Resolution adopted) by the City Council, under Roll Call
No. of the City Council on the # "'A day of -7nt49 , 20_L3 and
that 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.
�q9 L SONDRAE FORT sol,d�a+- (art
Z yCoomNumabteEr159791 Notary Public in and for the State of Iowa
7 Jo /5
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of Q, 2013 , beff re me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared to me
person y known, who being by ,m� /duly /sworn, did say that he /she is the S&u6�L Il
of 4dt �� 6 - -that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that said
acknowledged
the execution of said instrument to be the voluntary act and deed of said corporation, by it and by
him /her voluntarily executed.
Z
Notary Public in a for the State of lo6da
My Commission expires: '�'- / '5 'i5
• my Oon� son
"I
EXHIBIT A
LEGAL DESCRIPTIONS
8, 16, 24, 32, 36, 27, 19,11 Coneflower Court
Lots 56, 57, 58, 59, 66, 67, 68, and 69 Whispering Meadows Subdivision Part One, an addition
to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 31, Page 277, Plat
Records of Johnson County, Iowa, subject to easement and restrictions of record.
424 Douglass Court
Lot Thirty -Three (33), in Wise Addition to Iowa City, Iowa, according to the recorded plat thereof.
441 Douglass Court -
Lot Thirty Five (35), in Wise Addition to Iowa City, Iowa, according to the recorded plat thereof.
913 - 913112 N. Governor
Lot 7, except the North Five (5) feet, in Bacon's Subdivision of South end of Block 1, Dewey's
Additon.to Iowa City, Iowa, according to the plat of said subdivision recorded in Book 1, Page 5,
Plat Records of Johnson County, Iowa.
This property is also described as: Commencing at 5/8 -inch iron pin found at the Northeast
Corner of Survey, of a part of Lot 49 of the Subdivision of the Southeast Quarter of Section 3,
Township 79 North, Range 6 West of the 5th Principal Meridian, the Plat of which is Recorded in
Plat Book 4, at Page 49, of the Records of the Johnson County Recorder's Office, and for the
purpose of this Ldgal Description, the south Line of Lot 51 of said Subdivision of the Southeast
Quarter of Section 3, township 79 North, Range 6 West, of the 5th Principal Meridian, as
Recorded in Plat Book 1, at Page 1 of the Records of the Johnson County Recorder's Offfice, is
assumed to bear N 90 degrees 00'00'W Thence N 90 degrees 00'00" W, along the Line of the
Existing fence in the accordance with the said Plat of Survey, 4.07 feet, to a point on the
Westerly Line of Lot 7, of Bacon's Subdivison of Block 1 of D.A. Dewey's Addition to the Iowa
City,. Iowa, in accordance with the Original Plat thereof and the Plat of -Survey by Daniel R.
Martin, L.S 10314, Recorded in Plat Book 26, at Page 42 of the Records of Johnson County
Recorder's Office, and the Point of Beginning; Thence N 00 degrees 09' 28" E, along the
Westerly Line therefor 70.52, to a 5/8 inch iron pin with L.S 10314 Cap found; Thehce N.88
degrees 27' 12"E, 130.06 feet, to a 5/8 inch iron pin with L.S 1.0314 Cap found on the Easterly
Line of Lot 7 of Dewey's Addition to Iowa City, Iowa, in accordance with said Survey: Thence S
28 degrees 23" 06 "E, along the Easterly Line of said Lot 7, 88.18 feet, to a 5/8 inch iron pin with
L.S 10314 cap found at the Southeast Corner thereof : Thence S89 degrees 41' 23' W, along
the South Line of said Lot 7, 172.15 feet, to the Southwest Corner thereof: Thence N 00
degrees 09' 38" E, along the Westerly Line thereof, 4.48 feet, to the Point of Beginning. Said
tract of Land Contains 11,572 square feet, more or less and is subject to easements and
restrictions of Record and which described Parcel contains the following previously Platted
Auditors Parcels:
Auditors Parcels "E ", and "F" as recorded in Plat Book 32 at Page 210, of the Records of the
Johnson County Recorder's Office.
2160 -2162 Taylor Drive
Lot 294 in Part Five, Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof
recorded in Book 13, Page 18, Plat Records of Johson County, Iowa.
w•� r= CITY OF IOWA CITY d7)
M,�.�
MEMORANDU M
Date: May 28, 2013
To: Tom Markus, City Manager
From: Chris O'Brien, Director of Transportation Services
Re: FY2014 28E Agreement with University Heights to provide transit service
Introduction: Included for consideration for the June 4, 2013 City Council Meeting you will find
the Item & Comment, Resolution and supporting documentation for the 28 E Agreement
between the City of Iowa City and the City of University Heights for FY2014 fixed transit
services.
History /background: University Heights has contracted with the City of Iowa City for transit
services since the 1970's. The contract amount is based on a formula taking into account the
Consumer Price Index as an escalator of the previous year's contract. This contract is then
submitted to the City of University Heights for approval. The University Heights City Council
approved this agreement at their May 14, 2013 council meeting.
Discussion of Solution: Per this agreement, University Heights agrees to pay an amount
of $34,894.00 for contracted fixed route transit services. This was an increase of 1.8% which
was based on the National Consumer Price Index.
Recommendation: It is my recommendation that City Council approve this resolution for the
28E Agreement between University Heights and the City of Iowa City for fixed route transit
services.
N4�3
Prepared by: Brad Neumann, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5252
RESOLUTION NO. 13 -181
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE FY2014 AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT
SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS
WHEREAS, Chapter 28E, Code of Iowa, provides, in substance, that any power which may be
exercised by a -public agency of this state may be exercised jointly with another public agency
having such power; and
WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to
encourage the use of public transit by residents of University Heights; and
WHEREAS, the parties have negotiated a contract for transit service in FY2014 at a rate of
$34,894, a copy of which is attached and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The attached FY2014 28E Agreement for transit services between the City of Iowa
City, Iowa and the City of University Heights, Iowa is hereby approved, and the Mayor
is hereby authorized to execute and the City Clerk to attest in duplicate same on behalf
of the City of Iowa City.
2. The City Clerk is directed to file a copy of said agreement with the Secretary of the
State of Iowa, as required by Iowa Code Chapter 28E.
Passed and approved this 4th day of June , 20_U_.
MAYOR
Ap roved by
ATTEST: �(
CITY LERK City Attorney's Office
Resolution No. 13 -181
Page 2
It was moved by Mims and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES:
X
X
X
Ppdadm /res/28E- IC- UHeights.doc
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Prepared by: Brad Neumann, PCD, 410 E. Washington, Iowa City, IA 52240 319 - 356 -5252
FY2014.28E AGREEMENT FOR TRANSIT SERVICES BETWEEN
THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA
This agreement is made and entered into this day of �} u,yt^ , 2013, by
and between the City of Iowa City, Iowa and the City of University Heights, Iowa, both municipal
corporations.
WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power which may
be exercised by a public agency of the state may be exercised jointly with another public agency
having such power, and
WHEREAS, it is in the mutual interest of the parties to encourage the use of public transit by
residents of Iowa City and University Heights.
NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of
University Heights, as follows:
L Scope of Services
The City of Iowa City shall provide public transit service to the City of University Heights. Iowa City
shall determine the scheduling of buses, the routes, and the location of bus stops within University
Heights. It is agreed that residents of University Heights will obtain the same level of transit
service as residents of Iowa City who are served by the same routes. Residents of University
Heights will also be eligible for the same fare structure as Iowa City residents.
A Duration
The term of this agreement shall commence July 1, 2013, and continue through and including
June 30, 2014.
/ //. Termination
This agreement may be terminated upon thirty calendar days written notice by either party.
/V. Compensation
The City of University Heights agrees to pay $34,894 for the provision of public transit service
as herein described during FY2014. Payment shall be made in twelve monthly payments of
$2,907.83 each, to be received by the City of Iowa City on or before the 15th of each month.
V. Chapter 28E, Code of Iowa
In accordance with Chapter 28E of the Code of Iowa, this agreement shall be filed with the
Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa.
CITY OF IOWA CITY
By: 69MRA
Matthew J. Hayek, Mayor �—
Attest:
City Clerk, Marian K. Karr
Approved by:
City Attorney's Office
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
CITY OF UNIVERSITY HEIGHTS
By:
Louise From, Mayor
Attest:
044 77% el--% o. toY?
City Clerk, Christine Anderson
A
On this � day of ��unt � _ 20 13 before me,
SondrQ� n,-� , a Notary Public in and for the State of Iowa,
personally 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 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 Resolution No. /3 -- / X ! passed by the City
Council, on the � 141 day of nip , 20__L3 , and that Matthew J.
Hayek 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.
o SONDRAE FORT
Commission Number 15w
My Commission
moo' �"
Notary Public in and for the State of Iowa
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this l � day f , 20_1_3_, before me,
. f— , 1'3etit_ C., -) , a Notary Public in and for the State of Iowa,
personally appeared Louise From and Christine Anderson, 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
University Heights, 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 (Resolution) No. 1.3 - (/ passed by the City
Council, on the _ day of r r \C'S, , 20_L_3_, and that Louise From
and Christine Anderson, acknowledged the xecution of the instrument to be their voluntary act
and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
STEVEN E. e'er ry Public in and for the State of Iowa
E .
�, , � � C MMISSION N0.161
jccogtp/agt28E- ICUH11.d ,;:r.,:\ r
COMMISSION iFXpIRES
CITY OF IOWA CITY
0
Maitoew J. Hayek, Mayor
Attest:
CITY OF UNIVERSITY HEIGHTS
Attest:
City Clerk, Marian K. Ka City Cl
Ap roved by:
City Attorney's Office
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
derson
On this day of , 20 , before me,
a Notary Public in and for the State of Iowa,
personally appeared Matth/Yaffixed yek and Marian Karr, to me personally known, and, who,
being by me duly sworn, did they are the Mayo' d City Clerk, respectively, of the City of
Iowa City, Iowa; that the s to the foregoing i , rument is the corporate seal of the
corporation, and that the i t was signed and sea on behalf of the corporation, by
authority of its City Co cil, as contained in Resolution No. passed by the City
Council, on the day of , , and that Matthew J.
Hayek and Marian . Karr acknowledged the execution of the instru t to be their voluntary act
and deed and t voluntary act and deed of the corporation, by it voluntan I xecuted.
Notary Public in and for Wstate of
STATE IOWA )
ss:
JOHNSON COUNT
On this day of , 20 , before me,
a Notary Public in and for the State of Iowa,
personally appeared Louise From and ristine erson, to me personally known, and, who,
being by me duly sworn, did say tha ey are the Mayo d City Clerk, respectively, of the City of
University Heights, Iowa; that th eal affixed to the foreg instrument is the corporate seal of
the corporation, and that the strument was signed and sea on behalf of the corporation, by
authority of its City Cou i , as contained in (Resolution) No. passed by the City
Council, on the day of , 20 and that Louise From
and Christine An son, acknowledged the execution of the instrument be their voluntary act
and deed an a voluntary act and deed of the corporation, by it voluntarily e \ uted.
Notary Public in and for the State of Iowa
jccoglp /agtl28 E -1 C U H 11. d oc
Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410
RESOLUTION NO. 13 -182
RESOLUTION ACCEPTING THE WORK FOR THE WILLOW CREEK
CROSSING — WATER MAIN PROTECTION PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Willow Creek Crossing — Water Main Protection Project, as included in a contract between the
City of Iowa City and DeLong Construction, Inc. of Washington, IA, dated November 27, 2012, be
accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Engineer's office; and
WHEREAS, funds for this project are available in the Annual Water Main Projects account #3204;
and
WHEREAS, the final contract price is $37,799.30.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 4th day of June
14�-
MAYOR
Approved by
20 13
ATTEST:
CITY ftRK City Attorney's Office 5 21 �3
It was moved by Mims
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
_ x
Pweng /m asters/acptwork. doc
5/13
and seconded by Champion the Resolution be
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
3d(8)
ENGINEER'S REPORT
May 23, 2013
City Clerk
City of Iowa City, Iowa
Re: Willow Creek Crossing — Water Main Protection Project
Dear City Clerk:
1 r ,
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
I hereby certify that the Willow Creek Crossing — Water Main Protection Project
has been completed by DeLong Construction, Inc. of Washington, Iowa, in
substantial accordance with the plans and specifications prepared by the City of
Iowa City and Iowa Department of Transportation staff.
The final contract price is $37,799.30.
I recommend that the above - referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Ronald R. Knoche, P.E.
City Engineer
Nl�g
3d(9)
InNown
Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5149
RESOLUTION NO. 13 -183
RESOLUTION ACCEPTING THE DEDICATION OF AND AUTHORIZING THE
MAYOR TO ENTER INTO A TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT WITH MDK DEVELOPMENT, L.L.C. FOR THE 2013 WILLIAM
STREET STREETSCAPE PROJECT.
WHEREAS, new sidewalks will be installed along William Street and will encroach a couple feet
onto the adjacent property owned by MDK Development, LLC for the 2013 William Street
Streetscape Project; and
WHEREAS, in order to provide for the installation, the owner, MDK Development, LLC, has
agreed to dedicate to the City a temporary construction easement; and
WHEREAS, Staff finds it in the public interest to accept the dedication of said easement and enter
into an easement agreement with the owner.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Acceptance of the above - referenced easement is hereby approved and authorized.
2. The Mayor is authorized to sign and the City Clerk to attest any and all documentation
necessary to effectuate the acceptance of said dedication, including a temporary construction
easement agreement in a form approved by the City Attorney, and to record the same at
City's expense.
Passed and approved this 4th day of June , 20 13 .
4�i�k
MAYOR
App oved by
ATTEST: GL�Gf
T62- /CITY LERK -City Attorney's Office
It was moved by Mims
adopted, and upon roll call there were:
AYES:
X
X
_x_
and seconded by
NAYS:
Champion the Resolution be
ABSENT:
Champion
Dickens
Dobyns
Resolution No. 13 -183
Page 2
x
x
pweng /masters /improvres.doc
1/11
Hayek
Mims
Payne
Throgmorton
M43
3d(10)
Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044
RESOLUTION NO. 13 -184
RESOLUTION ACCEPTING THE WORK FOR THE ROBERT A LEE
RECREATION CENTER IMPROVEMENTS- EAST ENTRY REMODELING
PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Robert A Lee Recreation Center Improvements- East Entry Remodeling Project, as included in a
contract between the City of Iowa City and North Construction of Muscatine, Iowa, dated June 19,
2012, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Clerk's office; and
WHEREAS, funds for this project are available in the Recreation Center Improvement account
#4316; and
WHEREAS, the final contract price is $ $137,594.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 4th day of June 120 13
A4&44
MAYOR
Approved by
ATTEST: �J
CITY CLERK City Attorney's Office
s 1/C I c3
It was moved by Mims and seconded by Champion 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
SAENGIARCHITECTURE FILE \Projects \Robert A. Lee Recreation Center Improvements 2011\Eastside Entry Remodel \Close out documents \Robert A Lee Recreation Center
Improvements- East Entry Remodeling Project- accepting project resolution 06 4 2013.doc
5/13
3d- (//')
j r
a,97. 'xcr
2-ONZ Ich
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5000
ENGINEER'S REPORT (319) 356 -5009 FAX
www.icgov.org
May 17, 2013
City Clerk
Iowa City, Iowa
Re: Robert A. Lee Recreation Center Improvements- East Entry Remodeling Project
Dear City Clerk:
I hereby certify that the construction of Robert A. Lee Recreation Center Improvements- East
Entry Remodeling Project has been completed by North Construction, of Muscatine, Iowa in
substantial accordance with the plans and specifications prepared by Shive Hattery, Inc.
The project was bid as a lump sum contract and the final contract price is $ 137,594.00
There were change or extra work orders for the project as described below by project area:
Eliminate abandoned storm sewer and repair raise manhole cover +$2,102.00
Brick work repair to be performed by a mason hired by the City -$2,400.00
TOTAL: -$298.00
I recommend that the above - referenced improvements be accepted by the City of Iowa City.
Sincerely,
Ronald R. Knoche, P.E.
City Engineer
pweng /masters /engineer's letter robert a lee recreation center improvements- east entry remodeling project- accepting 06 04 2013.doc
mlg
Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5139
RESOLUTION NO. 13 -185
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AMENDMENT #2 TO THE
MARCH 20, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY
AND VJ ENGINEERING TO PROVIDE ENGINEERING CONSULTANT
SERVICES FOR THE FIRST AVENUE GRADE SEPARATION PROJECT.
WHEREAS, the City of Iowa City entered into a contract on March 20, 2007 for consulting
services with VJ Engineering of Iowa City, Iowa, to provide design services for the First Avenue
Grade Separation Project; and
WHEREAS, the City of Iowa City desires to broaden the scope of services to be performed by the
Consultant to provide additional design development and plan revisions and to prepare and
update final design for construction of the Frist Avenue Grade Separation Project; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with VJ
Engineering; and
WHEREAS, funds for this project are available in the 15' Ave. /IAIS Railroad Crossing
Improvements account #3871; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Consultant Agreement, First Avenue Grade Separation, Amendment No.2 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
Amendment No. 2 to the Consultant's Agreement.
Passed and approved this 4th day of June , 2013.
We
Pweng /masters /designagt.doc
._�
9-
Approved by
Aa
City Attorney's Office � /�//3
Resolution No. 13 -185
Page 2
It was moved by Mims and seconded by Champion 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
CONSULTANT AGREEMENT
FIRST AVE. GRADE SEPARATION
AMENDMENT NO. 2
THIS AMENDMENT to the March 20, 2007, CONSULTANT AGREEMENT for the First Avenue
Grade Separation Project, by and between the City of Iowa City, a municipal corporation,
hereinafter referred to as the City and VJ Engineering of Iowa City, hereinafter referred to as the
Consultant, is made and entered into this -1*4 of Oc,+®ber 2013.
WHEREAS, on August 21, 2012, the March 20, 2007 Consultant Agreement was amended to
provide additional engineering services for project design modifications and project plan
development, including revised plans and specifications required for letting the project through the
Iowa Department of Transportation (Amendment #1); and
WHEREAS, the City desires to again broaden the scope of services to be performed by the
Consultant to provide additional design development and plan revisions, as detailed below, in
order to bid the project; and
WHEREAS, Consultant is willing to perform these additional services for an increase in their fee
and extension of the schedule for completion.
NOW THEREFORE, it is agreed by and between the parties hereto that the parties do now agree
to the following amendments to the March 20, 2007 Consultant Agreement, as amended:
SCOPE OF SERVICES:
1.0 — Additional Design Development
The Consultant shall perform additional project design and coordination
associated with the stormwater management shared facility with South East
Junior High as shown below.
Detention Basin Design - This task includes the additional design needed to
properly size and accommodate storm water generated by a 100 -year design
storm from the First Ave. Grade Separation Project and South East Junior High.
Drainage Ditch Design —This task includes the design of the drainage ditch to
convey flows exceeding the proposed detention basin capacity, extending from
the east end of the proposed detention basin to the existing culver located in the
railroad right -of -way immediately south of 1651 Dover Street.
Gravity Storm Sewer Design — This task includes the design of a gravity storm
sewer extending from the proposed detention basin.
Topographic Survey - This task includes topographic and boundary survey
necessary for the drainage ditch and sewer design.
Coordination Meetings — Meetings with Iowa City Community School District,
Iowa City Public Works, and Iowa City Parks and Recreation staff regarding
detention basin, drainage ditch, and storm sewer.
II. TIME OF COMPLETION:
The Project Schedule for the First Ave, Grade Separation Project is amended as follows:
Final Plans (IDOT Submittal)
Project Letting (DOT)
October 22, 2013
January 22, 2014
III. Section IV. COMPENSATION FOR SERVICES
In consideration for the above - described change in the Scope of Services, Consultant's total
hourly not -to- exceed fee for performance of the Scope of Services, as amended, is
$442,691.80, including any authorized reimbursable expenses, pursuant to the Schedule of
Fees set forth in the March 20, 2007 Agreement. This additional $28,500.00 in fees is
summarized below:
Task 1.0 - Additional Design Development
a) Detention Basin Design
$7,590.00
b) Drainage Ditch Design
$6,945.00
c) Gravity Storm Sewer Design
$4,025.00
d) Topographic Survey
$3,500.00
e) Coordination Meetings
$6,440.00
IV. All other provisions of the March 20, 2007 Consultant Agreement and the Amendment #1,
not specifically amended herein shall remain in full force and effect.
FOR THE CITY FOR THE CONSULTANT
By: /'� �/ \ By: /
Matthew J. Hayek
Title: Mayor Title: P2v�r �a,vi
Date: TAv,5 Caw
ATTEST: %//ic/Avri K
Cit Clerk
Date: S
Approved by:
City Attorney's Office
> - a � - l
Date
r
���. ®air CITY O F IOWA CITY 3d(11)
,� ,� M
®� MEMORAND U
Date: May 29, 2013
To: Tom Markus, City Manager
From: Ron Knoche, City Engineer
Re: First Ave. Grade Separation — Consultant Agreement Amendment Number 2
Introduction: The First Avenue Grade Separation Project involves lowering First Avenue, raising
the Iowa Interstate Railroad tracks, and constructing a railroad bridge over First Avenue. Over
the years, railroad, vehicular and pedestrian traffic have increased on both First Avenue and the
Iowa Interstate Railroad, causing conflicts and traffic delays for vehicles and pedestrians,
therefore the need for a grade separation. Drainage improvements both at the bridge site and
across First Avenue south of the bridge are also included in the project.
History/Background: The original consultant agreement and preliminary design of this project
was initiated back in 2007; however, due to the flood of 2008 and securement of Federal
funding, this project has been pushed back and delayed. The initial contract was with NNW
Engineering, but they were later purchased by VJ Engineering and the existing consultant
agreement was tied with that purchase.
Discussion of Solutions: Additional consulting fees are needed in order to finalize the
construction plans and specifications for this project. These fees are due to additional review of
options and design for the storm water pump station. This also includes the design of a storm
water detention basin on the South East Junior High property that will be a part of the storm
water conveyance system.
Financial Impact: The original consultant agreement and approved amendment totals
$414,191.80, with an estimated construction cost of $6.9 million. The proposed Amendment
Number 2 will add an additional not to exceed amount of $28,500. The project will be funded
with General Obligation bond proceeds and STP funds.
Recommendation: Staff recommends approval of this amendment in order to complete the
design for this project and be prepared for construction in 2014.
M'j
June 4, 2013
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: pp o'clock p M., on the above date. There were present
Mayor Hayek , in the chair, and the following named Council Members:
Champion, Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton
Absent: None
-1-
06-04-1�
3d(13)
Council Member Mims introduced the following Resolution
entitled "RESOLUTION APPROVING THE PRELIMINARY OFFICIAL
STATEMENT" and moved its adoption. Council Member Champion
seconded the Resolution to adopt. The roll was called and the vote was,
AYES: Champion, Dickens, Dobyns, Hayek, Mims,
NAYS:
Payne, Throgmorton
None
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution No. 13 -186
RESOLUTION APPROVING THE PRELIMINARY
OFFICIAL STATEMENT
WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is deemed
appropriate that $7,230,000 General Obligation Bonds, Series 2013A and $520,000
Taxable General Obligation Bonds, Series 2013B be combined for purposes of market
disclosure into a single Preliminary Official Statement; and
WHEREAS, in conjunction with its Financial Advisor, Public Financial
Management, Inc., the City has caused a Preliminary Official Statement to be prepared
outlining the details of the proposed sale of both Series of Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA:
Section 1. That the Preliminary Official Statement in the form presented to this
meeting be and the same hereby is approved as to form and deemed final for purposes of
Rule 15c2 -12 of the Securities and Exchange Commission, subject to such revisions,
corrections or modifications as the Mayor and City Clerk, upon the advice of bond
counsel and the City's Financial Advisor, shall determine to be appropriate, and is
authorized to be distributed in connection with the offering of the Bonds for sale.
-2-
PASSED AND APPROVED this 4th day of June, 2013.
ATTEST:
City Cle
Mayor
-3-
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 6th day of
.Tune , 2013.
City , City of Iowa City, State of Iowa
(SEAL)
00947275 -1 \10714 - 114/116
M45
Prepared by: Bob Hardy, Cable Television Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 13 -187
RESOLUTION APPROVING
MEDIACOM COMMUNICATIONS CORPORATION'S
2013 UPDATING OF RATES FOR BASIC CABLE SERVICES
WHEREAS, pursuant to the public law and the regulations of the Federal Communications
Commission (FCC), the City of Iowa City, Iowa (City) retains regulatory authority over basic
cable television services provided by Mediacom Communications Corporation [d /b /a MCC Iowa,
LLC] (Mediacom) in the authorized franchise area encompassing the City; and
WHEREAS, by cover letter dated May 3, 2013 Mediacom proposed changes to its rates for
basic cable programming, equipment installations and equipment rentals to be effective July 1,
2013 and enclosed an FCC Form 1240 dated May 3, 2013 supporting a requested rate of
$15.10 per subscriber per month [inclusive of FCC regulatory fees] for cable programming
services, and also an FCC Form 1205 dated May 3, 2013 in support of its proposed rates for
cable equipment installations and rentals; and,
WHEREAS, in the exercise of its regulatory authority, the City has reviewed these filings; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
(1) The FCC Form 1240 filed with the City on May 3, 2013 is accepted and the
Maximum Permitted Rate of $15.10 per subscriber per month determined
thereby for basic tier cable programming service to be effective for period of July
1, 2013 through June 30, 2014 is approved. Mediacom shall utilize the Maximum
Permitted Rate and its components of this FCC Form 1240 when performing the
true -up calculation on its next FCC Form 1240.
(2) A rate of $15.10 per subscriber per month [inclusive of FCC regulatory charges]
for basic tier cable programming service is approved to become effective as
requested on billings rendered after July 1, 2013. The $0.09 FCC regulatory
charges shall be listed as a separate line item on subscribers' bills.
(3) The FCC Form 1205 filed with the City on May 3, 2013 is accepted and the
Maximum Permitted Rates determined thereby for basic service equipment
rentals and installations to be effective for period of July 1, 2013 through June
30, 2014 are approved.
(4) The rates proposed for basic service equipment rentals and installations filed
with the City on May 3, 2013 are approved to become effective as requested on
billings rendered after July 1, 2013.
Resolution No. 13 -187
Page 2
Passed and approved this 4th day of June , 2013.
ATTEST:
CITY RK
It was moved by Mims
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
G-
Approved by
City Attorney's Office
and seconded by Champion the Resolution be
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
3d(14)
CABLE TELEVISON ADMINISTRATOR
CITY OF IOWA CITY
May 24, 2013
To: Tom Markus, City Manager
From: Bob Hardy, Cable Television Administrator
Re: Subject - Council Approval of Mediacom rate review.
On May 3, 2013 Mediacom filed FCC Form 1240 to set cable television rates for the
basic tier and FCC Form 1205 for equipment rental and service fees for the period from
August 1, 2013 to July 31, 2014. Although Mediacom's cover letter indicated a July 1,
2013 effective date, their FCC Form 1240 correctly incorporates the 90 review period and
set the effective as August 1, 2013. After staff review of the filings it has been
concluded that Mediacom's Maximum Permitted Rate and Operator Selected Rate for
Form 1240 and Form 1205 do not exceed the maximum permitted rates pursuant to FCC
rate making rules.
Mediacom has calculated a Maximum Permitted Rate of $15.3395, down nearly 8% from
$16.524 in 2012, and has selected a rate of $15.10, down a little more than 5% from
$15.95 in 2012. Mediacom has indicated they plan to change the information on their
bills to reflect the retransmission consent fees charged by local broadcasters. Basic tier
subscribers will see their base rate decline by a dollar and a $2.06 "broadcast channel
surcharge" add on. Combined with the $0.09 FCC fee the total charge will be $15.10,
their operator selected rate.
Iowa City subscribers pay significantly less for the basic tier than Coralville, University
Heights, and the unincorporated areas of Johnson County that receive the same level of
programming as Iowa City as they do not regulate the basic tier rates. Their basic tier
rate is $29.95, $14.85 or 98% more than the 2013 Iowa City selected rate. Historically,
about 11% of all subscribers subscribe to just the basic tier. Compared to Coralville and
Johnson County residents Iowa City subscribers to just the basic tier will save $178 over
the next year. Collectively they will save $293,700. As another means of comparison, the
2012 basic tier rate in Dubuque was $28.25 for 32 channels, or $1.13 per channel. In
Iowa City Mediacom's rate is about $0.41 per channel.
A review of Mediacom's Form 1205 is beyond the capacity of the City as it is based on
data for all Mediacom systems and any meaningful review would need to be undertaken
by an accounting firm and take a great deal of time and money. The Maximum Permitted
Rates calculated by Mediacom in Form 1205 are consistent with other cable operators
across the county and vary little from previous years filings. Moreover, the operator
selected rates are all well below the Maximum Permitted Rates.
Recommendation: Staff recommends that Council approve the resolution.
410 E. Washington Street, Iowa City, IA 52240 Ph: 319.356.5047 rohardy @citychannel4.com
3d(15)
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -188
RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE
TO TOBACCO CIVIL PENALTY BY HARTIG DRUG
WHEREAS, on December 22, 2012, an employee of Hartig Drug violated Section 453A.2(1) of
the Code of Iowa, prohibiting anyone from selling or providing tobacco, tobacco products or
cigarettes to a minor; and
WHEREAS, at the time of this violation Hartig Drug held a retail cigarette permit and was located
at 701 Mormon Trek, Iowa City; and
WHEREAS, pursuant to Section 453A.22(2) of the Code of Iowa, an establishment which holds a
retail cigarette permit is subject to a civil penalty when its employee violates Section 453A.2(1);
and
WHEREAS, pursuant to Section 453A.22(3), if an employee of a retailer violates Section
453A.2(1), the retailer shall not be assessed a penalty under Section 453A.22(2), and the
violation shall be deemed not to be a violation of Section 453A.2(1) for the purpose of
determining the number of violations for which a penalty may be assessed pursuant to Section
453A.22(2), if the employee in question holds a valid certificate of completion of the tobacco
compliance employee training program pursuant to section 453A.5 at the time of the violation;
and
WHEREAS, the Hartig Drug employee who violated Section 453A.2(1) held a valid certificate of
completion of the tobacco compliance employee training program pursuant to section 453A.5 at
the time of the violation; and
WHEREAS, Hartig Drug wishes to assert the affirmative defense set out in Section 453A.22(3) in
order to avoid a civil penalty for its employee's violation of Section 453A.2(1) and has signed an
Acknowledgment of Use of Section 453A.22(3) Affirmative Defense to Tobacco Civil Penalty; and
WHEREAS, a retailer may assert the affirmative defenses set out in Section 453A.22(3) only
once in a four -year period for a violation of Section 453A.2 that takes place at the same place of
business location and if an employee of Hartig Drug again violates Section 453A.2(1) within a
four -year period, Hartig Drug will be subject to a civil penalty as provided by Section 453A.22(2),
after proper notice and opportunity for hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the
City Council should accept Hartig Drug's use of a Section 453A.22(3) affirmative defense and
should accept Hartig Drug's signed Acknowledgment of the same.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to the retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: June 4, 2013
&'" 4
Mayor, City of Iowa City
ATTEST:
city y rk, City of Iowa City
Resolution No. 13 -188
Page 2
It was moved by Mims and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
IzF.V&T
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
3d(16)
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -189
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM GASBY' S
WHEREAS, on March 21, 2013, an employee of Gasby's, 2303 Muscatine Avenue, Iowa
City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco products
or cigarettes to a minor; and
WHEREAS, at the time of the violation, Gasby's was operating under a retail cigarette
permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, Gasby's has waived its right to the hearing required by Iowa Code §
453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §
453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City;
and
WHEREAS, the violation underlying the above civil penalty is the first such violation
within a two -year period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council should accept the waiver of right to hearing and
payment of $300.00 civil penalty on behalf of Gasby's.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this
Resolution to the Johnson County Attorney's Office, which will then provide a copy of
the same to the retail cigarette permit holder via regular mail sent to the permit holder's
place of business as it appears on the application for a retail cigarette permit.
PASSED AND APPROVED: .Tune 4, 2013
6�'�
Mayor, City of Iowa City
ATTEST:
City trk, City of Iowa City
Resolution No. 13 -189
Page 2
It was moved by Mims and seconded by Champion 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
CITY OF IOWA CITY
06-04-13
wry!
MEMORANDUM
Date: May 29, 2013
To: Tom Markus, City Manager
From: Michael Moran, Director of Parks and Recreation
Re: Eliminating of one full -time Recreation Maintenance Supervisor Position, and adding
one full time Facilities Manager
Introduction: Due to a retirement and changing personnel needs within the City, a staff change
is recommended to revise the title, responsibilities and job description of the current
Recreation Maintenance Supervisor to create and add a full -time Facilities Manager.
History /Background: The previous position was responsible for the maintenance of numerous
buildings in the Park and Recreation Department. However, with the addition of more
computer based controls in the HVAC area and the addition of facilities, there is a need to look
at updating the current Recreation Maintenance Supervisor to a Facilities Manager position for
the City.
Discussion of Solution: As recommended in the City's Facility Master Plan this change in
position will provide an excellent opportunity to address the care and concern of our publicly
owned City facilities. The increasing complexity of building controls requires someone with
specialized knowledge and skill sets. Attracting and retaining a properly skilled building
professional will help the City minimize energy costs, achieve optimal comfort levels, and
appropriately prioritize future building improvements.
Financial Impact: The position grade change will result in approximately $17,844 in additional
wages. However it is expected that actual cost difference to the city will be lower due to a
change in the salary step of the employee that will be hired. Through more thorough analysis of
energy consumption data and use of automated building control systems, it is believed that this
position can provide a positive rate of return to the City.
Recommendation: Approve the resolution as written.
3C4 I7
Prepared by: Michael Moran, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5104
RESOLUTION NO. 13 -190
RESOLUTION AMENDING A BUDGETED POSITION IN THE GOVERNMENT
BUILDINGS DIVISION OF THE PARKS AND RECREATION DEPARTMENT AND
AMENDING THE ADMINISTRATIVE PAY PLAN BY ELIMINATING ONE FULL -TIME
RECREATION MAINTENANCE SUPERVISOR POSITION, GRADE 27 AND ADDING
ONE FULL -TIME FACILITIES MANAGER, GRADE 29.
WHEREAS, Resolution No. 13 -72, adopted by the City Council on March 5, 2013,
authorized budgeted positions in the Government Buildings Division of the Parks and
Recreation Department for FY14; and
WHEREAS, Resolution No. 12 -152, adopted by the City Council on April 3, 2012,
established a classification /compensation plan for Administrative, Confidential, and
Executive employees; and
WHEREAS, a staff retirement provides an excellent opportunity to make personnel
changes, address the care and concern of our publicly owned facilities and follow the
recommendation of our facilities master plan; and
WHEREAS, the proposed staff change will result in an additional cost of $17,844.08 to
the budget and best reflect a current job need and assignment. However, it is expected
that the actual cost difference to the city will be lower due to a change in the salary table
step of the employee that will be hired.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA THAT:
The budgeted position in the Government Buildings Division of the Parks and
Recreation Department is amended by:
1. Deleting one full -time Recreation Maintenance Supervisor position; and
2. Adding one full -time Facilities Manager position.
The Administrative pay plan is amended by:
1. Deleting the position of Recreation Maintenance Supervisor, grade 27; and
2. Adding the position of Facilities Manager, grade 29.
Passed and approved this 4th day of June 2013.
MAYOR �
Ap oved by
ATTEST: /9 / 3
)TY21tLERK City Attorney's Office
Resolution No. 13 -190
Page 2
It was moved by Mims and seconded by Chamvion the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
r -
.'.ui= p, CITY OF IOWA CITY 3e(1)
Z-- . MEMO RANDUM
DATE: May 20, 2013
TO: Tom Markus, City Manager
FROM: Ron Knoche, City Engineer W-W
RE: 2013 William St. Streetscape Project — June 4, June 18 & July 23, 2013
Introduction:
The project involves improvements within the William Street public Right -of -Way between Muscatine
Avenue and Towncrest Drive. The project improvements will include the reconstruction of the east
half of William Street, patching on the west half of William Street, on- street perpendicular parking,
sidewalks, the removal and replacement of the existing water main, and streetscape improvements
such as site furnishings, plantings, lighting, and a gateway sign.
History /Background:
The City of Iowa City solicited Requests for Proposals (RFP), dated April 14, 2010, from
architecture firms to develop a comprehensive design plan for the Towncrest commercial area.
The City selected RDG Planning and Design to develop the comprehensive design plan and
then contracted with them to design the conceptual plan for the William Street public right -of-
way between Towncrest Drive and Muscatine Avenue. Due to their experience with the project
and the existing design work performed, the City selected RDG Planning and Design to prepare
the schematic design and construction documents for the William Street Streetscape project.
The City entered a Redevelopment Agreement with MDK Development L.L.C. on June 26, 2012
to acquire and demolish the existing structures at 1020 William Street and 2611 Muscatine
Avenue and construct two one -story buildings with approximately 14,500 SF for commercial and
medical offices. The City's Towncrest Capital Improvement Plan (William St. Reconfiguration)
set -aside $500,000 for streetscape improvements to coincide with this new development. The
improvements are anticipated to be completed in the fall of 2013 when the two new buildings
receive their certificates of occupancy.
Discussion of Solutions:
RDG Planning and Design has created construction documents necessary to enable the bidding and
construction of the 2013 William Street Streetscape Project. The construction of the proposed
streetscape improvements for this project will coincide with the development of the commercial and
medical offices. The proposed on- street perpendicular parking and sidewalk on the east side match
what is in the site plan for the commercial and medical offices. Additional right -of -way was dedicated
by the developer to allow to for the perpendicular parking within the right -of -way while maintaining the
current street alignment. The streetscape improvements such as site furnishings, plantings, lighting,
and a gateway sign have been designed in accordance with the comprehensive design plan and the
conceptual plan for the William Street public right -of -way.
Financial Impact:
The City budgeted up to $500,000 under the William Street Reconfiguration - Capital Improvement
Plan (3975 434710 473010) for the design and installation of the aforementioned improvements.
May 30, 2013
Page 2
The portion of the cost for water main installation will be paid through the water utility and not under
this fund. The total estimated construction cost, including the water main, is $530,000.00.
Recommendation:
Staff recommends proceeding with the following schedule for this project:
June 4 — Set public hearing
June 18 — Hold public hearing
July 23 — Award project to contractor
cc: Josh Slattery, Engineering Division
Tracy Hightshoe, Community Development
May 29, 2013
Page 2
The portion of the cost for water main installation will be paid through the water utility and not under
this fund. The estimated construction cost is $530,000.00.
Recommendati
Staff recommenc
June 4 —
June 18
July 23 —
cc: Josh Slai
Tracy Hic
M_�
Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5149
RESOLUTION NO. 13 -191
RESOLUTION SETTING A PUBLIC HEARING ON JUNE 18, 2013 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE 2013 WILLIAM STREET STREETSCAPE PRO-
JECT, 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 William Street Reconfiguration
account # 3975.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above - mentioned project is to be held on the 18th day of June,
2013, 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 4th day of .Tune , 20 13
proved by
ATTEST:
CITY ERK City Attorney's Office
pwenghnasterslsetph. doc
1/11
Resolution No. 13 -191
Page 2
It was moved by Mims and seconded by
Resolution be adopted, and upon roll call there were:
WWI
x
x
X
x
x
x
x
NAYS:
Champion the
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
r 4 CITY OF IOWA CITY os3
_..` ..� 3e 2�
qM�T
MEMORANDUM
DATE: May 23, 2013
TO: Tom Markus, City Manager
d.
FROM: Ron Knoche, City Engineer .
RE: First Avenue Storm Sewer Improvements Project (Phase 2) — June 4, June
18 and July 23
Introduction:
This project will construct storm sewer improvements near First Avenue, between the storm
sewer installed as part of Phase 1 of the Project and the Proctor and Gamble property to the
southeast of First Avenue. Foth Infrastructure and Environment, LLC was hired to design the
project, and final plans and specs for Phase 2 are anticipated to be delivered by the end of May.
History /Background:
In the past, First Avenue has experienced flooding near the existing box culvert that crosses
under First Avenue south of Mall Drive. In addition, the mini -mall located at 1705 First Avenue
had experienced flooding during heavy rain events. The proposed storm sewer improvements
are intended to address these issues, and are a continuation of the storm sewer improvements
installed as part of Phase 1.
Discussion of Solutions:
It was anticipated that this project would be designed and constructed in two phases. Phase 1
included the installation of new storm sewer, removal and replacement of parking lot pavement,
and other related work to replace the open ditch behind the mini -mail at 1705 First Avenue and
through the Jimmy Jack's parking lot to Lower Muscatine Road. Phase 2 will include the
installation of new storm sewer, removal and replacement of parking lot pavement, and other
related work from the end of Phase 1 (behind the mini -mall) to the Proctor and Gamble site.
Construction of Phase 2 is anticipated to begin during the 2013 construction season, with final
completion occurring in the spring of 2014.
Financial Impact:
The estimated construction cost for this project is $1,126,000 and will be funded with General
Obligation Bond proceeds.
Recommendation:
Staff recommends proceeding with the following schedule for Phase 2 of this project:
June 4 — Set public hearing
June 18 — Hold public hearing
July 23 — Award construction to contractor
August (2013) thru May (2014) — Construction
M� a (n (1 . ;0
Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5410
RESOLUTION NO. 13 -192
RESOLUTION SETTING A PUBLIC HEARING ON JUNE 18, 2013 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF PHASE 2 OF THE FIRST AVENUE STORM SEWER
IMPROVEMENTS 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 First Avenue Storm Sewer
Improvements account # 3626.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above - mentioned project is to be held on the 18th day of June,
2013, 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.
51
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 4th day of June , 20 13
VFW
►AU • :
Approved by
ATTEST: ) A�D�r6�Y�
CITY OLERK City Attorney's
Office
S'lzg�,3
pweng\masterslsetph. doc
1/11
Resolution No. 13 -192
Page 2
It was moved by Mims and seconded by . Champion 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
s
Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240;
319- 356 -5230 RESOLUTION NO. 13 -193
RESOLUTION AUTHORIZING THE CONVEYANCE OF A PORTION OF
VACATED RIGHT -OF -WAY ALONG SPRING STREET AND GEORGE
STREET TO CHRISTIAN RETIREMENT SERVICES, INC.
WHEREAS, the applicant, Christian Retirement Services, Inc. (a /k/a Oaknoll),
owns certain contiguous lots surrounding the recently vacated Spring Street and
adjacent to George Street; and
WHEREAS, Oaknoll is redeveloping their property in an expansion of their
campus; and
WHEREAS, City Council has authorized the vacation of Spring Street pursuant
to Ord. No, 12 -4491 and authorized the vacation of certain rights within the George
Street right -of -way pursuant to Ord No. 13- 4524 ; and
WHEREAS, Oaknoll has therefore requested that the City convey to it the right -
of -way vacated in said ordinances upon payment of the $26,000 fair market value
for said rights; and
WHEREAS, a public hearing was held on June 4, 2013, and the City finds it in
the public interest to grant such request: and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, THAT:
1. The City Council does hereby authorize the conveyance of the vacated Spring
Street and the vacated air and subterranean rights within the George Street
right -of -way, as vacated in Ord. No. 12 -4491 and Ord. No. 13 -4524 , in
consideration for payment of fair market value for said rights, subject to the
retention of a public access easement, a storm and sanitary sewer easement
over the vacated Spring Street.
2. The Mayor is authorized, and the City Clerk to attest, any and all documents
necessary to effectuate such conveyance in a form approved by the City
Attorney.
Passed and approved this 4th day of June , 2013.
n
MAYOR
Approved bJy,/
ATTEST: �1G�t"c'L ✓��'�Gf����
CIW PSLERK City Attorney's Office
Resolution No. 13 -193
Page 2
It was moved by Dobyns and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
M11 FM 06-U44-_�131
L::7 nn�
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 13 -194
RESOLUTION ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY
RETAIL CIGARETTE PERMIT SUSPENSION AGAINST HOOKAH COVE
WHEREAS, on March 21, 2013, an employee of The Spirit Tobacco and More d /b /a
Hookah Cove, 357 E. College Street, violated Iowa Code § 453A.2(1) by selling or
providing tobacco to a minor; and
WHEREAS, at the time of this violation, Hookah Cove was operating under a retail
cigarette permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code § 453A.2(1), after a hearing and proper notice; and is subject to a
$1500.00 civil penalty or thirty day retail cigarette permit suspension, at the retailer's
option, for the second such violation within a two -year period; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to
assess the civil penalty against Hookah Cove and at said hearing the City Council heard
the facts of the violation and the arguments of the permittee, if any; and
WHEREAS, this violation is the second such violation of an employee of Hookah Cove
within a two -year period to be considered by the City Council under Iowa Code §
453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing and pursuant to Iowa Code § 453A.22(2),
hereby imposes either a $1500.00 civil penalty or thirty day retail cigarette permit
suspension, against Hookah Cove, at its option.
BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty days from
the date of this Resolution to choose its civil penalty by either paying the $1500.00 civil
penalty in full to the City Clerk or by delivering to the City Clerk its retail cigarette permit
for service of a thirty day suspension.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution
to the Johnson County Attorney's Office, which will then provide a copy of the same to
the retail cigarette permit holder via regular mail sent to the permit holder's place of
business as it appears on the application for a retail cigarette permit.
PASSED AND APPROVED: .Tune 4, 2013
r
Mayor, City of Iowa City
ATTEST: W
City 6ierk, City of Iowa City
Resolution No. 13-1c)4
Page 2
It was moved by Throgmorton and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
—x
x
x
X
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
❑T -CNjf — _— - - - - -- COMPLAINT --- - - -�ES ❑NON -RES T
❑ OC 54S-C &R IOWA UNIFORM CITATION AND COMPLAINT ❑ HIS _ kNOWHIS
_ IOWA CITY POLICE DEPARTMENT ARMED ❑ YES ❑ NO
PLAINTIFF: INC
(State of Iowa r (C Q 215558
❑ County o£ JOHNSON No.:
❑ City of 4 IOWA CITY
In the Court at 417 S. CLINTON STREET JOHNSON COUNTY COURTHOUSE
NAME: :-
Defendant, LasV V u, First Middle
Address 31 5 f('ft)(/w� i ✓j 3
Cis �� t _ State —Zip 5":�=�3
tSr _
DL Class DL End DL Rest. DL /State ID Viewed? Yes 2� No ❑
rr
DOB ! I `i` I t RaceyEthn.� Sex �_ Ht. �l�W.t. G
HTU
The undersigned states that on or bout A`/ ` ate 011 AM IIRPM
defendant did unlawfully: Mho... Day Yr. y_
�
�otor Vehicle/Boat (describe) ✓ :f '' Y
CDL Req? Yes ❑ No ❑ Pass End. Req? Yes ❑ No ❑ HazMat End Req. Yes ❑ No ❑
Reg. # ' State Year
Upon a public highway at y °� 7 .
Located in the county and state aforesaid and did then and there commit the following offense:
❑Traffic ❑Navigation ❑Snowmobile/ATV ❑Fish -Game ❑Parks ❑Tobacco
)i Scheduled Vio /Fine $ L' '' ❑ Road Construction Zone
❑ Non - Scheduled Violation
Surcharge $ ❑ CourtAppearance Required (805.10)
Reason:
Do Court Costs $ ❑ P.I. ❑ P.D. ($1000) Accident
j r ❑ Fatal Accident
j Not Total Fine/Costs t R ❑ Civil Damage Assessment
Violation e1 " �O �`'�`' ✓'C I j" r
Write Speed In Zone -Sec. # '-t? IA Code
DATA CODE Fed/Adm. Code Local Ord.
In I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the
preceding is true and correct. ll _p
This Dated � �2 1% � "'�� -_ RYcJ l-' tf 6 3 6
Mo. Day Yr. Officer' ignature 1D Yqo.
Space
Court Date:If you must appear in court or if you choose to appear to answer a charge
which does not require an a earance, report to the above named court on:
❑ PM
M— D Yr.
r NOTICE:Providing false information is a violation of Section 719.3 of the Code of
Iowa and is punishable as an aggravated misdemeanor.
Pray signature below is not a plea of guilty, but aclmowledges all of the following:
I. I hereby swear and affirm that the information provided by me on this citation is true under penalty
of providing false information.
2. I promise to appear in said court at said time and place, or I will comply with the provision on the
top of the reverse side of the citation.
The following applies to simple misdemeanors only:
3. I hereby give, my unsecured appearance bond in the amount of dollars and enter my written
appearance. I agree that if I fail to appear in person or by counsel to defend against the offense charged
in this citation, the court is authorized to enter a conviction and render judgment against me for the
amount of my appearance bond in satisfacti of the penalty and surcharge plus court costs.
Si na r of Defendant
r'0 4— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
`t-
4v
ME"
Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410
RESOLUTION NO. 13 -195
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE OLD
HIGHWAY 218 AND MORMON TREK BOULEVARD /MCCOLLISTER
BOULEVARD TRAFFIC SIGNALIZATION 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 Traffic Signal Projects account #3814.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above -named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above -
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice, 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 11th day of July,
2013. 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 meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City,
Iowa, at 7:00 p.m. on the 23`d day of July, 2013, or at a special meeting called for that
purpose.
Passed and approved this 4th day of June -120 13
11' •:
Iroved by
ATTEST: Ag. W"d "u,
CITY LERK City Attorney's Office � J 2q 113
pweng\masters \res appp &s.doc 5/13
Resolution No. 13 -1
Page 2
It was moved by Dickens 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
Y Mims
x Payne
x Throgmorton
���,.'r. =. CITY OF IOWA CITY
A.: - �k
�%�v4
MEMORANDUM
Date: May 30, 2013
To: Tom Markus, City Manager
From: Chris O'Brien, Director of Transportation Services
Re: 28E Agreement with Johnson County to contract for paratransit service
Introduction: At the June 4, 2013 City Council Meeting consideration will be given to a resolution
approving the 28E Agreement between the City of Iowa City and Johnson County for paratransit services.
History/back-ground: The contract for paratransit services expires on June 30, 2013 and we have
been in negotiations with Johnson County in an effort to develop a 28E Agreement over the past several
months. This resulted in multiple meetings and an exchange of several documents to establish a
foundation for a five year agreement. In a letter dated April 26, 2013, the Mayors of Iowa City and
Coralville agreed to the following terms as outlined in a letter received from Johnson County on April 16,
2013:
• County funding for mandated paratransit services for Coralville and Iowa City will be capped at
$200,000.00(lowa City's portion is $154,000) for FY2014. Any changes in mandated paratransit
services that result in a substantial chanae in the ooeratina cost of services could result in
changes to the 28E Agreement.
• The agreement will be for a five year term, including a maximum 3% annual increase for Johnson
County. Should the agencies wish to enter into another 28E Agreement for contracted paratransit
services beginning in FY 2019, our staffs should begin negotiations prior to July 1, 2017.
• The cities shall bring all maintenance responsibilities in -house for the vehicles currently owned by
each City. All required matching funds for additional vehicles purchased by the cities shall be the
responsibility of the purchasing City.
• As is the case in our current 28E Agreements, vehicles may be used for any rides as a part of the
service provided by Johnson County and language shall be maintained allowing each entity to opt
out with a 12 month notice.
• Our staffs will continue to meet regularly to discuss issues related to the budget and operations of
the contracted paratransit services. Any issues that require the input of the administrative staff or
city councils shall be addressed as they arise.
In addition, the Mayors directed staff representatives to reach out to Johnson County staff to jointly
construct 28E Agreements for contracted paratransit service.
Discussion of Solution: County participation in the funding of Iowa City paratransit services
dropped from an estimated $463,000 in FY13 to $154,000 in FY14. This decrease in funding has
necessitated several changes in the structure of Iowa City's contracted paratransit services. In a
presentation at the May 14, 2013 council work session, Transportation Services staff outlined the agreed
upon terms and made recommendations related to fare structure and service level in order to maintain a
sustainable budget over the duration of the contract. These recommendations included maintaining door -
to -door service, eliminating Sunday service, ending the half fare program and evaluating a fixed route fare
increase for FY15. Following the presentation, City Council directed staff to move forward with the
recommended changes in the drafting of a 28E Agreement with Johnson County for paratransit services.
Taking all of these changes into account only resulted in an estimated $106,000 surplus on a $6.6 million
operating budget.
May 30, 2013
Page 2
FY14 FY14
C D
Operating Cost
$1,561,802.00
$1,622,619.00
51,691,050.00
51,691,050.00
51,691,050.00
51,691,050.00
Rent
$ 27,000.00
$ 27,000.00
$ 27,000.00
$ 27,000.00
County Participation
$ (461,306.00)
$ (463,661.00)
$ (154,000.00)
$ (154,000.00)
$ (154,000.00)
$ (154,000.00)
Fares
$ (159,188.00)
$ (180,000.00)
$ (200,000.00)
$ (200,000.00)
$ (200,000.00)
$ (200,000.00)
Bring maintenance In -house
$ (108,000.00)
$ (108,000.00)
$ (108,000.00)
Eliminate half fares
$ (12.000.00)
S (12.000.00)
Eliminate Sunday Service
$ (6&000.00)
Annual Budget for Services
$ 941,308.00
$ 978,958.00
1 $1,364,050.00'
`$1;256050.00
51,136,050.00
$1,068,050.00
Differencefrom FY13
$ 385,092.00
277,092.00
$ 157,092.00
$ 89,092.00
% Increasefrom FY13
39.34%
2830%
16.05%
9.10%
FY14Ex ensesw /o paratnnsit
$ 5,402,057.00
IS
5 5,402,057.00
$ 5,402,057.00
$ 5,402,057.00
FY14 Estimated Total Transit Expenses
5 6,766,107.00
$ 6,708,107.00
S 6,588,107.00
$ 6,520;107.00
6,626,613.00
$ 6,626,613.00
$ 6,626,613.00
$ 6,626,613.00
FY14 Transit Revenues
Recommendation: The Transportation Services Department recommends that City Council approve
this resolution for the 28E Agreement between Johnson County and the City of Iowa City for paratransit
services.
REPEALED by Resolution 13 -208 6/18/2013
Prepared by: Chris O'Brien, Transportation Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5156
RESOLUTION NO. 13 -196
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
JOHNSON COUNTY FOR THE CONTRACTING OF PARATRANSIT SERVICE
WITHIN THE CORPORATE LIMITS OF IOWA CITY
WHEREAS, Chapter 28E, Code of Iowa, provides, in substance, that any power which may be
exercised by a public agency of this state may be exercised jointly with another public agency
having such power; and
WHEREAS, it is in the mutual interest of the City of Iowa City and Johnson County to encourage
the use of public transit; and
WHEREAS, the parties have negotiated a 28E Agreement for the contracting for paratransit
service for FY2014 — FY2018, a copy of which is attached and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The attached 28E Agreement for paratransit services between the City of Iowa City,
Iowa and Johnson County, Iowa is hereby approved in substance, and the Mayor is,
hereby authorized to execute and the City Clerk to attest a 28E Agreement for
paratransit services with Johnson County that makes no material changes in
substance.
2. City staff is directed to explore alternatives to the elimination of Sunday service and
half price fares and present such alternatives to the Council prior to the effective date
of the elimination of such services (September 30, 2013).
3. The City Clerk is directed to file a copy of said agreement with the Secretary of the
State of Iowa, as required by Iowa Code Chapter 28E.
Passed and approved this 4th day of June , 20 13
MAYOR
A roved by
ATTEST: M/IrLGlM,- -)
CITY )CLERK City Attorney's Office
Resolution No. 13-196
Page 2
It was moved by Champion and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES:
X
X
x
x_
Ppdadmtres /28EIGUHeighfs dm
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
{1�
COPY
Amended 28E Agreement for Paratransit Service between
the City of Iowa City of Iowa City and Johnson County for
the period of July 1, 2013 through June 30, 2018
This Agreement is made and entered into by and between the City of Iowa City, Iowa,
hereinafter referred to as "Iowa City ", and Johnson County, Iowa, hereinafter referred to as the
"County ".
Scope of Services
The County shall provide to Iowa City through Johnson County SEATS paratransit service
consistent with the Americans with Disabilities Act and the policies of the Iowa City City
Council and the Metropolitan Planning Organization of Johnson County Paratransit Plan.
General Terms
1. Paratransit service area for Iowa City shall be the corporate limits of the City of Iowa
City.
2. Paratransit service shall be operated within the corporate limits of Iowa City from 6:00
a.m. until 11:59 p.m., Monday through Friday and 6:00 a.m. until 7:30 p.m. on Saturday.
The paratransit service shall operate a holiday schedule consistent with Iowa City
Transit. When possible, Iowa City shall give 30 days' notice to the County prior to any
changes in service.
3. Paratransit service shall be operated as a door -to -door service. Service will be in
compliance with the "SEATS Riders Guide" as amended. Johnson County SEATS
operators shall be sensitive to the needs of passengers with disabilities.
4. The paratransit service shall be operated with a fare which shall be twice the fixed route
fare. Paratransit fares collected shall be retained by the County and be considered as
payment toward the cost of services provided to the City of Iowa City. Any other fare
collected on behalf of any contracting agency and administered by the paratransit
provider will not affect the agreement with Iowa City.
5. Maintenance for all vehicles owned by Iowa City shall be completed by Iowa City. This
includes, but is not limited to, parts, labor and transportation for all routine and
preventative maintenance, emergency repairs, etc. Installation and repair of lifts are also
the responsibility of the City. The County is responsible for the cost of maintenance and
repairs that occur as a result of an accident occurring while the vehicle is being operated
by a County employee.
6. Vehicles owned by Iowa City and operated by Johnson County SEATS shall be clearly
marked as City of Iowa City and Johnson County (including City of Coralville)
paratransit vehicles. Iowa City shall provide signage for the purpose of identifying
vehicles that are in use as Iowa City - Johnson County (including City of Coralville)
g Y\\fl
paratransit vehicles. Vehicles and personnel used to provide Iowa City - Johnson County
paratransit service shall be neat and clean in appearance. Iowa City will continue to have
the option to use the vehicles from the Iowa City paratransit fleet when not assigned to
Johnson County SEATS paratransit service. In order to maintain operational
efficiencies, vehicles owned by the City of Iowa City may be used across jurisdictions
serviced by Johnson County SEATS.
7. The County shall be familiar with the Metropolitan Planning Organization of Johnson
County (hereinafter "MPOJC ") complementary paratransit plan for the Iowa City
urbanized area and will conduct paratransit service consistent with said document. This
will include Iowa City's determination of rider eligibility based upon a certification
process. It shall be Iowa City's responsibility to notify Johnson County SEATS as to
whether the applicant is ADA eligible. Priority for paratransit service will be given to
persons certified under the ADA.
8. Johnson County SEATS shall maintain reporting statistics required by the Federal
Transit Administration National Transit Database (formerly Federal Section 15 system).
hr addition Johnson County SEATS shall provide a management information system
consisting of information for each trip provided. This information shall be submitted to
Iowa City as a monthly report no more than twenty clays from the end of the previous
month. Johnson County shall use a computerized management information system
enabling Iowa City to receive information in a summary format, commonly identified as
the "Performance Summary Report ". Iowa City shall be provided additional reports, as
requested, to assist in its evaluation of SEATS service. These reports shall not create an
undue administrative burden on SEATS staff.
9. Johnson County SEATS shall comply with the Federal Transit Administration Drug and
Alcohol testing requirements and shall be responsible for any and all costs associated
with said drug and alcohol testing requirements. The County shall certify that they have
not been debarred from federally funded contracting. Johnson county SEATS shall
comply with any other requirements of the Federal Transit Administration. Johnson
County SEATS employees shall have all commercial driver's licenses required by Iowa
law. The County agrees to be responsible for the acts of Johnson County SEATS
employees while on duty.
10. Johnson County SEATS shall submit proof of insurance meeting the City of Iowa City
Class II requirements.
11. Iowa City shall continue to apply for federal capital assistance for replacement of
vehicles. Iowa City shall be responsible for all local match fluids for vehicles scheduled
for replacement or to be added to the Iowa City fleet.
12. Johnson County SEATS and Iowa City Transit agree to the terns contained in Exhibit A,
attached and incorporated herein by this reference, as required for federal capital
assistance.
13. For proposes of this Agreement, an Iowa City ride is limited to those rides by paratransit
certified residents of Iowa City, Coralville, or University Heights, beginning in Iowa City
and ending in Iowa City, Coralville, or University Heights. In an effort to maintain the
efficiency of service provided to all entities, Iowa City vehicles may be used as a part of
the Johnson County SEATS system and therefore be allowed to cross into other
jurisdictions.
Compensation and Duration
This agreement shall be for a period of five years effective July 1, 2013 through June 30, 2018.
This agreement may be modified at any time by mutual written agreement of the parties.
The contracted amounts, as follows, represent the County's full and complete financial
responsibility toward mandated paratransit services contracted to the City of Iowa City urbanized
area by Johnson County SEATS based on the terms of this agreement. For the term running
from July 1, 2013 though June 30, 2014 Iowa City shall receive cost participation funds in the
amount of $154,000 from the County, payable in equal monthly installments during the course of
the term. The County shall invoice the City monthly for operating costs associated with
providing paratransit services. The invoice shall show in detail Iowa City's monthly operating
costs, less fare revenues, Medicaid revenues, waiver, TMS (contracted medical transportation)
revenues, etc., and the County's cost participation referenced above. The County's cost
participation finding shall annually escalate from the $154,000 baseline by the same percentage
as actual costs, but in no event more than 3% in any given year. At no point during the term of
this Agreement shall County cost participation decrease.
If either party chooses to terminate this agreement, a one -year written notice must be provided.
Should the agencies wish to enter into a 28E Agreement for contracted paratransit services
beginning in FY2019, staffs shall begin negotiations prior to July 1, 2017.
Extent of Agreement
1. No separate legal entity is established by this Agreement.
2. This Agreement is between public agencies contracting to perform governmental service
pursuant to Iowa Code Section 28E.12.
3. Pursuant to Iowa Code Section 28E.8(1)(a) (2013) Iowa City shall file this Agreement, in
an electronic format, with the Secretary of State of Iowa in the manner specified by the
Secretary of State.
4. Pursuant to Iowa Code Section 28E.6(1) (2013), the SEATS Director shall be the
administrator of this Agreement, and no real or personal property shall be acquired, held,
or disposed of
5. The Agreement represents the entire agreement between Iowa City and Johnson County
for paratransit service. It may be amended only by a written instrument signed by both
parties.
Assignment JJ
This Agreement is not assignable without written consent of both parties.
Dated this
CITY OF IOWA CITY
IOWA
By:
Matthew J. Hayek, Mayor
Attest:
City Clerk
Approved by:
City Attorney's Office
day of
Attest:
20
JOHNSON COUNTY,
Janelle Rettig, Chair
County Auditor
CITY ACKNOWLEDGEMENT
STATE OF IOWA
) ss:
JOHNSON COUNTY )
On this clay of 120 before me,
a Notary Public in and for the State of Iowa,
personally 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 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 scaled on behalf of the corporation, by
authority of its City Council, as contained in (Ordinance) (Resolution) No. passed
by the City Council, on the day of 20 and that
Matthew J. Hayek and Marian K. Karr acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
Notary Public in and for the State of Iowa
My commission expires:
COUNTY ACKNOWLEDGEMENT
STATE OF IOWA
) ss:
JOHNSON COUNTY )
On this day of 20 before me,
a Notary Public in and for the State of Iowa,
personally appeared Janelle Rettig and Travis Weipert, to me personally known, and, who, being
by me duly sworn, did say that they are the Chairperson of the Board of Supervisors and County
Auditor, respectively, of the County of Johnson, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was signed and sealed
on behalf of the corporation, by authority of its Board of Supervisors, as contained in the Motion
adopted by the Board of Supervisors, on the day of
20 and Janelle Rettig and Travis Weipert acknowledge the execution of the instrument to
be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
Notary Public in and for the State of Iowa
My commission expires:
EXHIBIT A
Because federal funds are being used to support the SEATS paratransit contract, Iowa City
Transit and Johnson County SEATS hereby agree to the following required federal clauses:
ADA Access The Contractor agrees to provide transportation services consistent with the
Americans with Disabilities Act (ADA) and comply with the provisions of the Act applicable to
the facilities used for and the personnel policies applicable to staff involved in the administration
of any contract issued pursuant to a solicitation by this recipient or subrecipient of Federal transit
assistance. In particular, the Contractor's project manager shall be responsible for assuring that
"reasonable accommodations" are made to ensure compliance with the provisions of the ADA in
regard to service provision, hiring and managing personnel as well as workplace accessibility.
The employment provisions of ADA require that reasonable accommodations be made in
existing worksites to allow a qualified employment candidate with a disability to access the
workplace and perform their job duties.
Under the ADA, it is also incumbent upon the Contractor to assure that any "accessible vans or
buses" and the ancillary equipment that such vans or buses are required to be equipped with by
49 CFR Part 37 Subpart B Subsection 37.23, i.e., to satisfy the ADA's mobility aid user
accessibility provisions, are inspected and properly maintained. As such, the Contractor is
required to provide appropriate vehicle maintenance and staff training under this contract with a
subrecipient of Federal transit assistance. This training must assure that vehicle operators have
acquired skills in communicating with assisting persons with disabilities, are proficient in
passenger assistance techniques, operation of vehicle level change devices, securement systems,
public address systems and other access - related equipment.
Vehicle operators shall be required to report any access equipment problems as soon as possible.
And the Contractor shall make repairs to access equipment as soon as possible, preferably on the
day following a report of deficiency or malfunction report. Any vehicle with inadequate or
malfunctioning access equipment shall not be kept in service if a deficiency presents a
heightened risk of passenger or vehicle operator injury. And such a vehicle shall not be returned
to revenue service until access equipment deficiencies are remedied. The Contractor shall
cooperate with transit system, as well as State or Federal agency staff, or assessment contractors
of agencies with oversight responsibility for assessment of whether the Contractor is complying
with the provisions of the ADA. Such assessments shall require Contractor's staff to meet with
oversight personnel and provide access to documentation relating to policies and instructions for
access equipment pre -trip cycling, staff training, as well as access equipment operation,
reliability and maintenance. Contractor shall permit drivers and administrative staff to be
interviewed by persons performing ADA compliance assessments.
Drug Use and Testing — Alcohol Misuse and Testing Requirements
The contractor agrees to establish and implement a drug and alcohol testing program that
complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its
compliance with Parts 653 and 654, and permit any authorized representative of the United
States Department of Transportation or its operating administrations, the State Oversight Agency
of Iowa to inspect the facilities and records associated with the implementation of the drug and
alcohol testing program as required under 49 CPR Parts 653 and 654 and review the testing
process. The contractor agrees further to certify annually its compliance with Parts 653 and 654
before July 1 and to submit the Management Information System (MIS) reports before March 10
to the City of Iowa City Human Resources Assistant. To certify compliance the contractor shall
use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances
for Federal Transit Administration Grants and Cooperative Agreements," which is published
annually in the Federal Register
Fly America Requirement
The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance
with the General Services Administration's regulations at 41 CFR Part 301 -10, which provide
that recipients and subrecipients of Federal funds and their contractors are required to use U.S.
Flag air carriers for U.S Government - financed international air travel and transportation of their
personal effects or property, to the extent such service is available, unless travel by foreign air
carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit,
if a foreign air carrier was used, an appropriate certification or memorandum adequately
explaining why service by a U.S. flag air carrier was not available or why it was necessary to use
a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly
America requirements. The Contractor agrees to include the requirements of this section in all
subcontracts that may involve international air transportation.
Charter Bus Requirements
The Contractor agrees to comply with 49 U.S: C. Section 5323(4) and 49 CFR Part 604, which
provides that recipients and subrecipients of FTA assistance are prohibited from providing
charter service using federally funded equipment or facilities if there is at least one private
charter operator willing and able to provide the service, except under one of the exceptions
detailed at 49 CFR 604.9. Any charter service provided under one of the exceptions must be
"incidental." Le., it must not interfere with or detract from the provisions of mass transportation.
School Bus Requirements
Pursuant to 69 U.S.C. Section 5323 (f) and 49 CFR Part 605, recipients and subrecipients of FTA
assistance may not engage in school bus operations exclusively for the transportation of students
and school personnel in competition with private school bus operators unless qualified under
specific exemptions. When operating exclusive school bus service under an allowable
exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or
facilities.
Energy Conservation Requirement
The Contractor agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the State Energy Conservation Plan issued pursuant to the
Energy Policy and Conservation Act.
Clean Water Requirement
The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The
Contractor agrees to report each violation to the Purchaser and understands and agrees that the
Purchaser will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
Lobbying Disclosure Requirements and Prohibition
Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act
of 1995, P.L. 104 -65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid
for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New
Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the
name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non - Federal funds with respect to that Federal contract, grant or award
covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
Access to Records and Reports Requirements
The following access to records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the PTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor
agrees to provide the Purchaser, the PTA Administrator, the Comptroller General of the
United States or any of their authorized representatives access to any books, documents,
papers and records of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees,
pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized
representatives including any PMO Contractor access to Contractor's records and construction
sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is receiving
federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser,
the FTA Administrator or his authorized representatives, including any PMO Contractor,
access to the Contractor's records and construction sites pertaining to a major capital project,
defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the
programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project
excludes contracts of less than the simplified acquisition threshold currently set at $100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or
under the simplified acquisition threshold and is an institution of higher education, a hospital
or other non -profit organization and is the FTA Recipient or a subgrantee of the PTA
Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser,
FTA Administrator, the Comptroller General of the United States or any of their duly
authorized representatives with access to any books, documents, papers and record of the
Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement
(defined at 49 U.S.C. 5302(a)l) through other than competitive bidding, the Contractor shall
make available records related to the contract to the Purchaser, the Secretary of
Transportation and the Comptroller General or any authorized officer or employee of any of
them for the purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under
this contract for a period of not less than three years after the date of termination or expiration
of this contract, except in the event of litigation or settlement of claims arising from the
performance of this contract, in which case Contractor agrees to maintain same until the
Purchaser, the ETA Administrator, the Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Reference 49 CFR 18.39(i)(11).
Federal Changes
The Contractor or vendor awarded a service contract pursuant to this solicitation agrees to
comply with all applicable FTA regulations, policies, procedures and directives, including
without limitation those listed directly or by reference in the Master Agreement (Form FTA MA
(6) dated October, 1999) between the Purchaser and the Iowa DOT as required by the Grant
Agreement form the FTA to the Iowa DOT as they may be amended or promulgated from time
to time during the term of the contract awarded pursuant to this solicitation. Contractor's failure
to so comply shall constitute a material breach of this contract.
Clean Air
The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 . The Contractor agrees to report
each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report
each violation as required to assure notification to FTA and the appropriate EPA Regional
Office.
The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
Recycled Products
The contractor agrees to comply with all the requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not
limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they
apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
No Federal Government Obligation to Third Parties
The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by
the Federal Government in or approval of the solicitation or award of the underlying contract,
absent the express written consent by the Federal Government, the Federal Government is not a
party to this contract and shall not be subject to any obligations or liabilities to the Purchaser,
Contractor, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying contract.
The Contractor agrees to include the above clause in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
Program Fraud and False or Fraudulent Statements and Related Acts
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. § § 3801 et se . and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of
the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying
contract or the FTA assisted project for which this contract work is being performed. hi addition
to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or
causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification,
the Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves
the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not
be modified, except to identify the subcontractor who will be subject to the provisions.
Termination
(1) Termination for Convenience (General Provision)
The (Recipient) may terminate this contract, in whole or in part, at any time by written notice
to the Contractor when it is in the Government's best interest. The Contractor shall be paid its
costs, including contract close -out costs, and profit on work performed up to the time of
termination. The Contractor shall promptly submit its termination claim to (Recipient) to be
paid the Contractor. If the Contractor has any property in its possession belonging to the
(Recipient), the Contractor will account for the same, and dispose of it in the manner the
(Recipient) directs.
(2) Termination for Default [Breach or Cause](General Provision)
:> J)
If the Contractor does not deliver supplies in accordance with the contract delivery schedule,
or, if the contract is for services, the Contractor fails to perform in the manner called for in
the contract, or if the Contractor fails to comply with any other provisions of the contract, the
(Recipient) may terminate this contract for default. Termination shall be effected by serving a
notice of termination on the contractor setting forth the manner in which the Contractor is in
default. The contractor will only be paid the contract price for supplies delivered and
accepted, or services performed in accordance with the manner of performance set forth in
the contract.
If it is later determined by the (Recipient) that the Contractor had an excusable reason for
not performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the control of the Contractor, the (Recipient), after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the termination
as a termination for convenience.
(3) Opportunity to Cure General Provision
The (Recipient) in its sole discretion may, in the case of a termination for breach or default,
allow the Contractor [an appropriately short period of time] in which to cure the defect. In
such case, the notice of termination will state the time period in which cure is permitted and
other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the
terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by
Contractor of written notice from (Recipient) setting forth the nature of said breach or
default, (Recipient) shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shall not in any way operate to
preclude (Recipient) from also pursuing all available remedies against Contractor and its
sureties for said breach or default.
Government -wide Debarment and Suspension
Each prospective Contractor must submit an appropriately prepared and signed certification
regarding any debarment action or other factors relevant to the firm's, or any of its principal's,
eligibility to participate in federally funded projects. By signing and submitting this bid or
proposal, the prospective lower tier participant (contractor /vendor) is providing the certification
as per the instructions delineated at 49 CFR part 29, Appendix B.
Civil Rights Requirements
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C.
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate
against any employee or applicant for employment because of race, color, creed, national
origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable
Federal implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, n, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. §
5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office
of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et Se_jl ., (which implement Executive Order
No. 11246, "Equal Employment Opportunity," as amended by Executive Order No.
11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of the Project. The Contractor agrees to
take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, creed, national origin,
sex, or age. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the
Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act,"
29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition,
the Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to
identify the affected parties.
Transit Employee Protective Agreements
The Contractor agrees to comply with:
(1) applicable transit employee protective requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that FTA determines
that transit operations are involved, the Contactor agrees to carry out the transit
operations work on the underlying contract in compliance with terms and conditions
determined by the U.S. Secretary of Labor to be fair and equitable to protect the
I
]
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, n, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. §
5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office
of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et Se_jl ., (which implement Executive Order
No. 11246, "Equal Employment Opportunity," as amended by Executive Order No.
11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of the Project. The Contractor agrees to
take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, creed, national origin,
sex, or age. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the
Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act,"
29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition,
the Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to
identify the affected parties.
Transit Employee Protective Agreements
The Contractor agrees to comply with:
(1) applicable transit employee protective requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that FTA determines
that transit operations are involved, the Contactor agrees to carry out the transit
operations work on the underlying contract in compliance with terms and conditions
determined by the U.S. Secretary of Labor to be fair and equitable to protect the
interests of employees employed under this contract and to meet the employee
protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R.
Part 215, and any amendments thereto. These terms and conditions are identified in the
letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's
project from which Federal assistance is provided to support work on the underlying
contract. The Contractor agrees to carry out that work in compliance with the conditions
stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not
apply to any contract financed with Federal assistance provided by FTA either for
projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C.
§ 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311.
Alternate provisions for those projects are set forth in subsections (b) and (c) of this
clause.
(b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §
5310(a)(2) for Elderly Individuals and Individuals with Disabilities- If the contract
involves transit operations financed in whole or in part with Federal assistance
authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has
determined or determines in the future that the employee protective requirements of 49
U.S.C. § 5333(b) are necessary or appropriate for the state and the public body
subreeipient for which work is performed on the underlying contract, the Contractor
agrees to carry out the Project in compliance with the terms and conditions determined
by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S.
DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and
conditions are identified in the U.S. DOL's letter of certification to FTA, the date of
which is set forth Grant Agreement or Cooperative Agreement with the state. The
Contractor agrees to perform transit operations in connection with the underlying
contract in compliance with the conditions stated in that U.S. DOL letter.
(c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311
in No urbanized Areas - If the contract involves transit operations financed in whole or in
part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to
comply with the terms and conditions of the Special Warranty for the Nonurbanized Area
Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31,
1979, and the procedures implemented by U.S. DOL or any revision thereto.
(2) The Contractor also agrees to include the any applicable requirements in each subcontract
involving transit operations financed in whole or in part with Federal assistance provided
by FTA.
Breaches and Dispute Resolution
If the vendor awarded a contract (i.e. Contractor) pursuant to this solicitation abandons, or before
completion, discontinues that project; or if by reason of any of the evens or reason, the
commencement, prosecution, or timely completion of this project by the vendor is rendered
improbable, infeasible, impossible, or illegal, the IPTS may, by written notice to the vendor,
suspend any or all of its obligations under the contract until such a time as the even or conditions
resulting in such suspension has ceased or been corrected, or the agency may terminate any of its
obligations under the contract.
Upon receipt of a final termination or suspension notice, the vendor shall proceed promptly to
carry out their actions required which may include any or all of the following: (1) necessary
action to terminate or suspend, as the case may be, project activities and contracts and (2) furnish
a statement of the status of the project activities and contracts and, as a proposed schedule, plan
and budget or terminating or suspending and closing -out project activities and other
undertakings, the cost of which are otherwise included as project costs. The closing out shall be
carried out in conformity with the latest schedule, plan, and budget within a reasonable time.
Reimbursement to the vendor in the event of termination shall be for actual costs, less any
assessment of damages.
Disputes arising in the performance of any Contract awarded pursuant to this solicitation that are
not resolved by agreement of the parties and concurred with by the Iowa DOT shall be decided
in writing by the authorized representative of the Procurement Administrator for the IPTS that
awarded the contract for professional services. This decision shall be final and conclusive unless
within then calendar days from the date of receipt of its copy of the decision, the contractor mails
or otherwise delivers a written appeal to the Procurement Administrator. In regard to ally such
appeal, the Contractor shall be afforded with an opportunity to be heard and to offer evidence in
support of its position. If the Contractor deems that the Procurement Administrator rendered a
decision that it cannot accept, any further review of the matter must be settled in a court of
competentjurisdiction within Iowa.
Disadvantaged Business Enterprise Requirements (DBE Plan Approval /Submission:
Each contractor shall comply with all rules and regulations promulgated by the Federal Transit
Administration of the U.S. DOT regarding participation of Disadvantages Business Enterprises
in contracting opportunities by any contract awarded under this solicitation. As such, any bidder
must complete and submit with any bid a Disadvantaged Business Enterprise Certification for
Non - Rolling Stock Materials or Services as promulgated under 49 CFR Part 26 and other
applicable laws and regulations.
State and Local Law Disclaimer
The use of many of the clauses delineated herein to comply with Federal requirements may be
significantly affected by State law. hi the event that the Code of Iowa may contain requirements
that are not precluded by federal statute, state law or local shall be applicable. If the Contractor
has reason to believe that any discrepancy exists between local, state, or federal requirements, it
is incumbent on the Contractor to request in writing that a determination be made and issued by
the Procurement Administrator to resolve any such discrepancy.
Incorporation of Federal Transit Administration (FTA) Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by
DOT, whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this Agreement.
The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
(name of grantee) requests which would cause (name of grantee) to be in violation of the FTA
terms and conditions
Prohibited Interest: No member of, or delegate to, the Iowa State Legislature or the Congress of
the United States shall be admitted to any share or part of this contract or to any benefit arising
therefrom. No member, officer, or employee of the Transit Agency during his /her tenure or for
one year thereafter shall have any interest, direct or indirect, in a contract or proceeds resulting
from this solicitation.
Certificate of Compliance: Each Contractor must submit a properly prepared and signed
Certificate of Compliance with Federal and this Solicitation's Requirements. Signing the form
obligates the vendor to all requirements of this solicitation and constitutes the vendors assurance
that it has the capacity and intent to deliver the services agreed upon or delineated as the scope of
Contractor responsibilities in a manner that conforms with or exceeds federal and state standards
and the transit agency's minimum requirements which are herein delineated or incorporated by
reference into a Transit or Professional Services Agreement.
I
Prepared by: Chris O'Brien, Transportation Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5156
RESOLUTION NO.
RESOLUTION AUTH RIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE 28E GREEMENT BETWEEN THE CITY OF I WA CITY AND
JOHNSON COUNTY NOR THE CONTRACTING OF PARAT SIT SERVICE
WITHIN THE CORPORATE LIMITS OF IOWA CITY
WHEREAS, Chapter 28E, Code f Iowa, provides, in substance, th any power which may be
exercised by a public agency oft is state may be exercised jointl with another public agency
having such power; and
WHEREAS, it is in the mutual intere of the City of Iowa City d Johnson County to encourage
the use of public transit; and
WHEREAS, the parties have negotiat d a 28E Agreem nt for the contracting for paratransit
service for FY2014 — FY2018, a copy of Vhich is attachecyand incorporated herein.
NOW, THEREFORE, BE IT RESOLVE BY THE TY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The attached 28E Agreement f par ransit services between the City of Iowa City,
Iowa and Johnson County, to i hereby approved, and the Mayor is hereby
authorized to execute and the Ci Clerk to attest the same on behalf of the City of
Iowa City.
2. The City Clerk is directed to fi a py of said agreement with the Secretary of the
State of Iowa, as required by I wa Co a Chapter 28E.
Passed and approved this ay of —,20
MAYOR
Approved by
ATTEST:
CITY CLERK ity Attorney's Office
Resolution No.
Page 2
It was moved by _
adopted, and upon r
AYES
Ppdadm/res/28E- IC- UHeights.dc
the Resolution be
:on
Amended 28E Agreement for Paratransit Service between
the City of Iowa City of Iowa City and Johnson County for
the period of July 1, 2013 through June 30, 2018
. __- ____...-..-----
This Agreement is made and entered into by and between tXCi of Iowa City , Iowa,
hereinafter referred to as "Iowa City ", and Johnson County, Iowfter referred to as the
"County ".
Scope of Serve es
The County shaX provide to Iowa City through Johnso County SEATS paratransit service
consistent with th Americans with Disabilities Act a d the policies of the Iowa City City
Council and the Met politan Planning Organization o ohnson County Paratransit Plan.
General Terms
1. Paratransit servic area for Iowa City s 11 be the corporate limits of the City of Iowa
City.
2. Paratransit service sha be operat within the corporate limits of Iowa City from 6:00
a.m. until 11:59 p.m., M day th ugh Friday and 6:00 a.m. until 7:30 p.m. on Saturday.
The paratransit service all perate a holiday schedule consistent with Iowa City
Transit. When possible, lo City shall give 30 days' notice to the County prior to any
changes in service.
3. Paratransit service shall e o era
compliance with the " EATS is
operators shall be sen tive to the E
4. Paratransit service all be operat
a.m. until 11:59 p , Monday throe
The paratransit ervice shall opei
Transit. When ossible, Iowa City
changes in se Jce.
as a door -to -door service. Service will be in
Guide" as amended. Johnson County SEATS
of passengers with disabilities.
within the corporate limits of Iowa City from 6:00
,h Friday and 6:00 a.m. until 7:30 p.m. on Saturday.
e a holiday schedule consistent with Iowa City
l 11 give 30 days' notice to the County prior to any
5. The paratra t service shall be operated ith a fare which shall be twice the fixed route
fare. Para% ansit fares collected shall be etaiin by the County and be considered as
payment t and the cost of services prove d to the City of Iowa City. Any other fare
collected on behalf of any contracting a ncy and administered by the paratransit
provider ill not affect the agreement with Io a City.
I.
l
6. Maint' ance for all vehicles owned by Iowa Cit shall be completed by Iowa City. This
inclu s, but is not limited to, parts, labor a transportation for all routine and
preve tative maintenance, emergency repairs, etc. stallation and repair of lifts are also
the responsibility of the City. The County is response le for the cost of maintenance and
r 0�0 PY
repairs that occur as a result of an accident occurring while the vehicle is being operated
by a County employee.
7. Vehicles owned by Iowa City and operated by Johnson County SEATS shall be clearly
marked as City of Iowa City and Johnson County _(including City of Coralville)
paratransit vehicles. Iowa City shall provide signage for t purpose of identifying
vehicles that are in use as Iowa City- Johnson County (inc ding City of Coralville)
paratransit vehicles. Vehicles and personnel used to provi Iowa City- Johnson County
paratransit service shall be neat and clean in appearance. wa City will continue to have
the option to use the vehicles from the Iowa City parat nsit fleet when not assigned to
Johnson County SEATS paratransit service. I order to maintain operational
efficiencies, vehicl owned by the City of Iowa C' y may be used across jurisdictions
serviced by Johnson ounty SEATS.
8. The County shall be fa iliar with the Me
County (hereinafter "M N 'C") co mplem
urbanized area and will con uct paratransit
will include Iowa City's de rmination
process. It shall be Iowa Cit 's respon
whether the applicant is ADA igible. Pr
persons certified under the ADA.
9. Johnson County SEATS shall
Transit Administration National
In addition Johnson County Sl
consisting of information for ea
Iowa City as a monthly report:
month. Johnson County sh 1
enabling Iowa City to receiv in
the "Performance Summary Rel
o Titan Planning Organization of Johnson
ry paratransit plan for the Iowa City
service consistent with said document. This
rider eligibility based upon a certification
ity to notify Johnson County SEATS as to
►rity for paratransit service will be given to
ioXintain reporting statistics required by the Federal
(akit Database (formerly Federal Section 15 system).
TS shall provide a management information system
trip 'provided. This information shall be submitted to
use a
requested, to assist in its a aluation of
undue administrative burdkn on SEATS
than twenty days from the end of the previous
-omputerized management information system
in a summary format, commonly identified as
a City shall be provided additional reports, as
TS service. These reports shall not create an
10. Johnson County SEAT shall comply with t�
Alcohol testing requir ments and shall be re
with said drug and al ohol testing requiremen
not been debarred om federally funded cc
comply with any their requirements of the
County SEATS e ployees shall have all corn
law. The Coun agrees to be responsible
employees whil on duty.
Federal Transit Administration Drug and
-ponsible for any and all costs associated
t . The County shall certify that they have
n racting. Johnson county SEATS shall
F eral Transit Administration. Johnson
me cial driver's licenses required by Iowa
for the acts of Johnson County SEATS
11. Johnson Coot y SEATS shall submit proof of insurance meeting the City of Iowa City
Class II reaukements.
12. Iowa City shall continue to apply for federal capital assistance for replacement of
vehicles. Iowa City shall be responsible for all local match funds for vehicles scheduled
for replacement or to be added to the Iowa City fleet.
13. Johnson County SEATS and Iowa City Transit agree to the terms contained in Exhibit A,
attached and incorporated herein by this reference, as required for federal capital
assistance.
14. The following represents a basic description of ride policy and the agency responsible for
the ride. In an effort to maintain the efficiency of service provided /to all entities, Iowa
City vehicles may be used as a part of the Johnson County SEATS system and therefore
be allowed to cross into other jurisdictions.
Iowa City ride — begins irf, Iowa City and ends in Iowa City, Coralville, or University
Heights.
Coralville ride — begins in Coralville and ends in Coralville, Iowa City, or University
Heights.
University Heights ride — University Heights resident ride that beings or ends in
University Heights, Iowa City, or Coralville:
Rural ride — Begins or ends in the non - urbanized area or is a county resident riding within
the urbanized area.
North Liberty ride — North Libert � resident ride begins or ends in North Liberty, Iowa
City or Coralville.
Compensation and Duration
This agreement shall be for a peri9d of five years efNective July 1, 2013 through June 30, 2018.
This agreement may be modified any time by mutu 1 written agreement of the parties.
The contracted amounts, as ollows, represent th County's full and complete financial
responsibility toward mandate aratransit services.con acted to the City of Iowa City urbanized
area by Johnson County SE S based on the terms o this agreement. For the term running
from July 1, 2013 through ne 30, 2014 Iowa City sha�l receive cost participation funds in the
amount of $154,000 from e County, payable in equal m�nthly installments during the course of
the term. The County :shall invoice the City monthly, for operating costs associated with
providing paratransit s ices. The invoice shall show in detail Iowa City's monthly operating
costs, less fare reven s, Medicaid revenues, waiver, TMS (contracted medical transportation)
revenues, etc., and t e County's cost participation referenced above. The County's cost
participation funding shall annually escalate from the $154,000 baseline by the same percentage
as actual costs, but in no event more than 3% in any given year. At no point during the term of
this Agreement shall County cost participation decrease.
COPY
If either party chooses to terminate this agreement, a one -year written notice must be provided.
Should the agencies wish to enter into a 28E Agreement for contracted paratransit services
beginning in FY2019, staffs shall begin negotiations prior to July 1, 2017.
Extent of Agreement
1. No separate legal entity is established by this Agreement.
2. This Agreem -is between public agencies contracting to per rm governmental service
pursuant to wa, Code Section 28E.12.
3. Pursuant to Iowa ode Section 28E.8(1)(a) (2013) Iowa C' y shall file this Agreement, in
an electronic form t, with the Secretary of State /ba low in the manner specified by the
Secretary of State.
4. The Agreement repres nts the entire agreement Iowa City and Johnson County
for paratransit service. t may be amended only itten instrument signed by both
parties.
Assignment
This Agreement is not assignable wout i written co ent of both parties.
Dated this day\pf / , 20
CITY OF IOWA CITY
IOWA
By:
Attest:
Matthew J. Hayek, Mayor
City Clerk
Approved by:
City Attorney's Office
i
1
Attest:
JOHNSON COUNTY,
Janelle Rettig, Chair
County Auditor
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day
MMY
CITY ACKNOWLEDGEMENT
a
personally appeared =a, he %se Hayek and Marian K.
being by me duly swdi that they are the May
of Iowa City, Iowa; that the affixed to the foregou
corporation, and that the instru e
authority of its City Council, as c
by the City Council, on the
Matthew J. Hayek and Marian K.
voluntary act and deed and the vc
executed.
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of
personally appeared Janelle
by me duly sworn, did say tl
Auditor, respectively, of the
instrument is the corporate
on behalf of the corporatio ,
adopted by the Board of S I
was signed and
ained in (Ordid
20 , before me,
' tart' Public in and for the State of Iowa,
rr, to me personally known, and, who,
and City Clerk, respectively, of the City
instrument is the corporate seal of the
ed on behalf of the corporation, by
) (Resolution) No. passed
day of , 20 , and that
,knowl ged the execution of the instrument to be their
act a deed of the corporation, by it voluntarily
Notary Public in and for the State of Iowa
My commission expires:
, 20 , before me,
a Notary Public in and for the State of Iowa,
ttig and Travis eipert, to me personally known, and, who, being
they are the Chairp rson of the Board of Supervisors and County
ounty of Johnson, Io a; that the seal affixed to the foregoing
;al of the corporation, a d that the instrument was signed and sealed
by authority of its Boar of Supervisors, as contained in the Motion
on the
20 , and Janelle ttig and Travis Weipert
be their voluntary act an deed and the voluntary act
executed.
day of ,
)wledge the execution of the instrument to
deed of the corporation, by it voluntarily
Notary Public and for the State of Iowa
My commissio expires:
Paratransit Services
June 4, 2013
Recap of Federal Transit Administration(FTA) Requirements
• As a recipient of Federal operating assistance from the FTA for
fixed route transit service we are mandated to provide
complimentary paratransit service. It must:
• Provide service that mirrors hours of operation of fixed
route service
• Provide curb to curb service
• Charge a fare that no more than doubles fixed route fares
Recap of FTA Requirements vs. Current Service
Required
Hours of operation
• Mon. —Fri. 5:45am — 11: 1Opm
Saturday: 5:45am — 7:40pm
Curb to Curb Service
Fares no more than double fixed
route fares
• In FYI 3 we increased our fixed
route fare to $1.00. Last increase
was in 1997.
Provided
Hours of operation
• Mon. —Fri. 5:45am — 11: 1Opm
Saturday: 5:45am — 7:40pm
Sunday: 8:00am — 2:00pm
• Door to Door Service
Paratransit fare = $2.00 (10% of rides)
Half fare = $1.00 (90% of rides)
County Participation to Iowa City Service
FY2014
$154,000.00
• FY2013(estimated)
$463,661.05
• FY2012
$461,319.17
• FY2011
$307,319.17
• FY2010
$233,449.10
• FY2009
$228,743.20
• FY2008
$233,305.28
• FY2007
$133,030.36
• FY2006
$109,860.66
• FY2005
$68,992.98
• FY2004
$33,742.15
• FY2003
$57,816.90
• FY2002
$278,762.36
*FY2014 funding represents a 67%
decrease from FY2013
$500,000.00
$450,000.00
$40,000.00
$350,000.00
$300,000.00
$250,000.00
$200,000.00
$150,000.00
$100,000.00
$50,000.00
$0.00
County Participation
F
Paratransit Service Budget Scenarios
Operating
County Partici
Bring maintenance in-[
Eliminate half
Eliminate Sunday Sc
FY12
FY13
FY14
FY14
FY14
FY14
$1,068,050.00
Difference from FY13
A
B
C
D
$1,561,802.00
$1,622,619.00
$1,691,050.00
$1,691,050.00
$1,691,050.00
$1,691,050.00
9.10%
FY14 Expenses w/o paratransit
$ 27,000.00
$ 27,000.00
$ 27,000.00
$ 27,000.00
$ (461,306.00)
$ (463,661.00)
$ (154,000.00)
$ (154,000.00)
$ (154,000.00)
$ (154,000.00)
$ (159,188.00)
$ (180,000.00)
$ (200,000.00)
$ (200,000.00)
$ (21000.00)
$ (200,000.00)
$ (108,000.00)
$ (108,000.00)
$ (108,000.00)
$ (120,000.00)
$ (120,000.00)
$ (68,000.00)
Annual Budget for Services
$ 941,308.00
$ 978,958.00
$1,364,050.00
$1,256,050.00
$1,136,050.00
$1,068,050.00
Difference from FY13
$ 385,092.00
$ 277,092.00
$ 157,092.00
$ 89,092.00
% Increase from FY13
39.349/o
28.30%
16.05%
9.10%
FY14 Expenses w/o paratransit
$ 5,402,057.00
$ 5,402,057.00
$ 5,402,057.00
$ 5,402,057.00
FY14 Estimated Total Transit Expenses
FY14TransitRevenues
$ 6,766,107.00
$ 6,708,107.00
$ 6,588,107.00
$ 6,520,107.00
$ 6,626,613.00
$ 6,626,613.00
$ 6,626,613.00
$ 6,626,613.00
Implementing Option D results in a net gain of only 1.6% of operating expenses. Current reserves are $3.0
million. These funds are used for local match on vehicle purchases and are anticipated to be needed to fund costs
associated with construction of a replacement transit facility. Future fixed route fare increases and service changes
will need to be evaluated even with implementation of all of these measures.
Not
mandated)
• Current paratransit fare = $2.00 (2x the fixed route fare)
• Current paratransit half fare = $1.00
• 90% trips qualify for half fare
• Average cost per ride > $16.00
• Average cost per ride on Sunday roughly $37.00
• Estimated $120,000.00 budget impact
• Checked fares of the following, no half fare program
• Ames
• Cedar Rapids
• Coralville/North Liberty
• Davenport
• Des Moines
• Johnson County
• Madison, Wisconsin
• Sioux City
Sunday Service (Not mandated)
Average cost per ride on Sunday roughly $37.00
• Johnson County does not operate rural service on Sundays
• Coralville City Council directed Coralville Transit staff at their May 28,
2013 council meeting to draft a contract with no Sunday service.
• Estimated $68,000.00 budget impact
� Contract Summary
• FY14 - Johnson County to provide $200,000 for mandated urban
paratransit services to be split between Iowa City and Coralville. This is
down from $461,000 in FY 12 and an estimated $463,000 in FY 13.
• Agreement will be for 5 years w/ annual maximum increase not to
exceed 3% for Johnson County participation. Either entity can opt out
with 12 months written notice.
• Iowa City will be responsible for maintenance of Iowa City owned
vehicles.
• Iowa City to be responsible for all matching funds for Iowa City vehicle
purchases.
• Vehicles maybe used across jurisdictional lines to maintain efficiencies.
Contrac
• Eliminate half fare (To begin September 30, 2013)
• Not a mandated service
• 90% of trips qualify
• Unable to find other entities that offer this benefit
• Estimated $120,000 budget impact for FY14 ($1 fare only covers 6.25% of
the average cost per ride)
• Eliminate Sunday service (To begin September 30, 2013)
• Not a mandated service
• Estimated cost per ride is nearly $37.00 vs. $16.00 average
• Estimated $68,000 budget impact
• Maintain door to door service
Paratransit Service Budget Scenarios
Operating
County Partici
Bring maintenance in-[
Eliminate half
Eliminate Sunday Sc
FY12
FY13
FY14
FY14
FY14
FY14
$1,068,050.00
Difference from FY13
A
B
C
D
$1,561,802.00
$1,622,619.00
$1,691,050.00
$1,691,050.00
$1,691,050.00
$1,691,050.00
9.10%
FY14 Expenses w/o paratransit
$ 27,000.00
$ 27,000.00
$ 27,000.00
$ 27,000.00
$ (461,306.00)
$ (463,661.00)
$ (154,000.00)
$ (154,000.00)
$ (154,000.00)
$ (154,000.00)
$ (159,188.00)
$ (180,000.00)
$ (200,000.00)
$ (200,000.00)
$ (21000.00)
$ (200,000.00)
$ (108,000.00)
$ (108,000.00)
$ (108,000.00)
$ (120,000.00)
$ (120,000.00)
$ (68,000.00)
Annual Budget for Services
$ 941,308.00
$ 978,958.00
$1,364,050.00
$1,256,050.00
$1,136,050.00
$1,068,050.00
Difference from FY13
$ 385,092.00
$ 277,092.00
$ 157,092.00
$ 89,092.00
% Increase from FY13
39.349/o
28.30%
16.05%
9.10%
FY14 Expenses w/o paratransit
$ 5,402,057.00
$ 5,402,057.00
$ 5,402,057.00
$ 5,402,057.00
FY14 Estimated Total Transit Expenses
FY14TransitRevenues
$ 6,766,107.00
$ 6,708,107.00
$ 6,588,107.00
$ 6,520,107.00
$ 6,626,613.00
$ 6,626,613.00
$ 6,626,613.00
$ 6,626,613.00
Implementing Option D results in a net gain of only 1.6% of operating expenses. Current reserves are $3.0
million. These funds are used for local match on vehicle purchases and are anticipated to be needed to fund costs
associated with construction of a replacement transit facility. Future fixed route fare increases and service changes
will need to be evaluated even with implementation of all of these measures.
Questions /Discussion
Do you have any additional questions?
Marian Karr
From:
WELSHBOB @aol.com
Sent:
Thursday, May 23, 2013 9:41 AM
To:
Council
Subject:
SEATS
Attachments:
Mayors of Iowa City.docx
This correspondence will become a public record.
Members of the Iowa City Council
Attached you will find a copy of an e-mail I sent to the three mayors on behalf of the Johnson County Task
Force on Aging. This is my mistake; I should have sent it to all of you. I do want you to have this as you move
forth with your consideration about the future levels of service for those who depend upon SEATS.
As noted, the projected shortfall is $111,606. I gather from the proposed 28E agreement proposed by Iowa City
that you have deemed it is not possible for the cities to make up that difference.
What does not make sense is your working decision to eliminate half fares at a proposed savings of $120,000
AND the elimination of Sunday services at a projected saving of $68,000. (The projected savings are those
contained in your staff's power point presentation of February 5, 2013.) This represents a saving of $188,000 to
fill an $111,606 gap. Many of us hoped that the additional $70,000 from the county would prevent this level of
cuts in services.
I hope that you will reconsider your working decision.
I also hope that if you eliminate half fares, and I understand the rationale for this decision, that you institute a
program patterned in part after the free bus program now used for the fixed routes.
I am aware that for some riders the elimination of the half fares will cause a real hardship. I trust you will ask
your staff to develop this program.
I also hope you develop a program to help orient those who are currently using SEATS, where feasible, to feel
comfortable using the fixed routes. As stated in the letter to the three mayors, the Johnson County Task Force
on Aging is open to assisting you with referral information.
We recognize the valuable service that SEATS provides and wish to urge you to do all you can to maintain the
excellent service it provides.
Bob Welsh, on behalf of the
Johnson County Task Force on Aging
84 Penfro Drive
IowaCity, Iowa
319- 354 -4618
Mayors of Iowa City, Coralville and North Liberty:
I am writing on behalf of the Johnson County Task Force on Aging relating to SEATS. It is our
understanding that you have agreed to the six points outlined in the April 16'h letter from the
Board of Supervisors.
At our forum on SEATS, it was projected that with the additional $70,000 offered by the county
that the funds needed to maintain current level of services was $41,606. We have since learned
that the $456,594 in the county's published budget now includes the additional $70,000 and the
original $130,000 to the cities plus the cost of the operation of SEATS ($256,594) in rural
Johnson county. Thus, we realize that the additional funds needed to maintain current level of
services is now $111,606.
We sincerely hope that the cities from their reserves will jointly allocate an additional $111,606
thus being able to maintain the current level of service.
If you deem that the current level of services must be cut, we trust that you will not change door
to door service to curb to curb. As pointed out at our forum Topic Guide 5 on ADA
Transportation, "Origin to Destination Service in ADA Paratransit" states: "Thus, a full -time
door -to -door policy can actually reduce travel time.... Door -to -door service can have a positive
impact on on -time performance." (page 6)
We trust you will retain Sunday service, primarily to enable persons to be able to get to work,
although we also recognize the value of being able to have rides to the religious services of the
riders' choice and other activities.
This leaves, among the alternatives that were presented on February 5, 2013 to the Iowa City
Council, the elimination of half -fare which was projected to save $120,000. We realize that for
many of the riders, this would not cause a great problem since they do not personally pay for the
rides. But we know that for some this would create a huge problem. Thus, we hope if this is the
alternative selected that the cities will initiate a program similar to the free bus pass program
that is now in use for fixed routes.
Regardless of what decisions you make we trust the cities will mentor those who are currently
using SEATS, where feasible, to feel comfortable using the fixed routes. Another alternative
that we trust will be explored, where feasible, is the use of diversion routes. As a task force, we
are willing to help implement these programs.
The Johnson County Task Force on Aging recognizes the excellent service that SEATS provides.
We trust that it will be possible to continue this service to the maximum level possible.
Members of the Johnson County Task Force on Aging
Marian Karr
From: hotmail_3398b17736e690ea @live.com on behalf of ox yoke in <loisbaird54 @yahoo.com>
Sent: Thursday, May 23, 2013 12:14 PM
To: Council
Subject: seats
This correspondence will become a public record.
Hi my name is Lois Baird i am a seats rider. I have to use seats for most every thing i do. I see that you
want to possibly take away our Sunday service This is the only means for people to attend church services and
if they do not go to church they well do their shopping or other things . I ask that you would take into
consideration the needs of those who ride seats. thank you Lois Baird If you need to contact me my address
is
LOIS BAIRD
1010 SCOTT PARK DR #207
IOWA CITY IA 52245 PH 319 - 499 -1230
Marian Karr
From:
Chris O'Brien
Sent:
Tuesday, June 04, 2013 10:16 AM
To:
Jim Throgmorton; Marian Karr
Cc:
Tom Markus; Geoff Fruin
Subject:
SEATS contract
Jim,
My responses to your questions are below. Let me know if you have any additional questions.
Thanks
Chris
Marian,
Could you please distribute to the rest of City Council in whatever manner you deem best.
Thanks
Chris
- - - -- Original Message---- -
From: Jim Throgmorton
Sent: Monday, June 03, 2013 4:03 PM
To: Chris O'Brien
Cc: Tom Markus
Subject: SEATS contract
Hi Chris.
I've just finished reading the material in the Council packet concerning the draft 28E agreement with the County
Do I understand correctly that the County has agreed to provide substantially more funds over a five year period than it
initially proposed; $150 +K for each of the 5 years rather than $100, $50, and 0, 0, 0? Your understanding is correct. The
proposed agreement results in an increase from the original 3 year proposal from the County but results in a decrease in
funding of roughly $310,000 per year as compared to FY12 and FY13. The resulting impact of this decrease in funding is
an increase of at minimum $90,000 towards the paratransit contract and an additional $50,000 in operations due to
bringing maintenance in- house. This $140,000 increase represents a 14.3% increase in City funding.
Do I also understand that completely eliminating Sunday service and half -fares for the coming year will result in a
surplus within the Transit Division of $1060 That is correct, which equates to roughly 1.6% of our FY14 operating
budget of $6.6 million. Operating at that narrow of a margin is risky and even the slightest change in operating costs can
result in a budget deficit. For example, a replacement transmission ($16,000), a $.10 fuel increase ($19,000) and an
engine replacement ($22,000) would all significantly eat into a surplus of that size, and considering the age of our fleet
and fuel trends, those scenarios could easily play out. That does not take into account any capital project funding or
decreases in projected revenues. As you know our transit facility is built on a former dump site and is in need of
relocation. That project is in the neighborhood of $16 - $20 million and each bus carries a price tag of nearly
$400,000. Federal funding of capital projects has dropped significantly with the latest authorization bill ( Iowa received
$0 ) and operating assistance gets tighter every year. Transit is also funded by property tax revenues through a
$.95/$1,000 transit levy. This funding source equates to just over 43% of our operating revenues($2.9 million) and will
be impacted by the recent property tax reform that Dennis will be speaking to tonight.
In addition, as noted in the presentation the offering of a half fare is not a common practice. In our case, the cost per
ride is $16 and more than doubles when talking about those rides provided on Sundays. Even at the full fare, the user
fees only cover 12.5% of the cost of the ride provided. On Sundays that decreases to under 6 %. Our stated goal for
fixed route is to work toward user fees covering 30% of the cost of the service.
If these two understandings are correct, I cannot see any compelling reason to completely and immediately eliminate
those two services.
Why not adopt roughly $85K in savings instead of $188K for the coming FY; e.g., partly by charging % rather than Y2 fares,
or by making changes similar to the ones recommended by the Task Force on Aging (and Bob Welsh)? These scenarios
result in a near net zero budget for the Transit Division. Given the revenue and expense trends that we expect to
continue, staff does not believe this will be a solution that is sustainable beyond the term of the budget. Even with
staffs proposal to eliminate the half fare and Sunday service, we feel the Council will need to consider another fixed
route fare increase in FY15. The combination of the low operating reserve, the ability to address future capital needs,
and upcoming property tax reform impacts, staff continues to support the recommended changes presented at your last
work session in an effort to maintain a sustainable operating budget moving forward.
If you could answer my first two questions before the meeting tomorrow, that would be great.
Jim Throgmorton