Loading...
HomeMy WebLinkAbout03/03/2014CITY OF WATERLOO Council Communication City Council Meeting: March 3, 2014 Prepared: February 25, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2014 KIMBALL AVENUE TRANSPORTATION IMPROVEMENTS CONTRACT NO. 843 NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT TO THE IOWA DEPARTMENT OF NATURAL RESOURCES Submitted by: Jeff Bales, Associate Engineer Recommended City Council Action: It is recommended that the Mayor be authorized to sign this Notice of Intent for NPDES Coverage Under General Permit to the Department of Natural Resources. Summary Statement Attached is the "NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT" for storm water discharges associated with the above referenced project. This document has been reviewed by this office and is recommended for approval by the City Council. Expenditure Required $375.00 Source of Funds Storm Water Funds Policy Issue N/A Alternative None Background Information: IOWA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMLT No. 1 FOR "STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY" or No. 2 FOR "STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR CONSTRUCTION ACTIVITIES" or No. 3 FOR "STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR ASPHALT PLANTS, CONCRETE BATCH PLANTS, ROCK CRUSHING PLANTS, AND CONSTRUCTION SAND AND GRAVEL FACILITIES." PERMIT INFORMATION Has this storm water discharge been previously permitted? 0 Yes ■ No If yes, please list authorization number Under what General Permit are you applying for coverage? General Permit No. 1 0 General Permit No. 2 ■ General Permit No. 3 0 IDNR CASHIER'S USE ONLY 0253-542SW0S-0581 PERMIT FEE OPTIONS For coverage under the NPDES General Permit the following fees apply: ❑ Annual Permit Fee $175 (per year) Maximum coverage is one year. ■ 3 -year Permit Fee $350 Maximum coverage is three years. ❑ 4 -year Permit Fee $525 Maximum coverage is four years. ❑ 5 -year Permit Fee $700 Maximum coverage is five years. Checks should be made payable to: Iowa Department of Natural Resources. FACILITY OR PROJECT INFORMATION Enter the name and full address/location (not mailing address) of the facility or project for which permit coverage is requested. NAME: Kimball Avenue Transportation Improvement Project STREET ADDRESS OF SITE: From Tower Park Drive to Acadia Street CITY: Waterloo COUNTY: Black Hawk STATE: Iowa ZIP CODE: 50701 CONTACT INFORMATION Give name, mailing address and telephone numbe of a contact person (Attach additional information on separate pages as needed). This will be the address to which all correspondence will be sent and to which all questions regarding your application and compliance with the permit will be directed. NAME: City of Waterloo Engineering Department c/o Jeff Bales, PE ADDRESS: 715 Mulberry Street CITY: Waterloo STATE: Iowa ZIP CODE: 50703 TELEPHONE ( 319 ) 291-4312 Check the appropriate box to indicate the legal status of the operator of the facility. 0 Federal 0 State ■ Public 0 Private 0 Other (specify) SIC CODE (General Permit No. 1 & 3 Applicants Only) SIC code refers to Standard Industrial Classification code number used to classify establishments by type of economic activity. Be sure to complete both sides of this form. 542-1415 (Rev. 7/08) FACILITY LOCATION OR LOCATION OF CONSTRUCTION SITE Give the location b section, section, township, range, (e.g., NW, 7, T78N, R3 W). 1/4 SECTION SECTION TOWNSHIP RANGE DATE: 3, 4, 9 and 10 T -88-N R -13-W 34 and 35 T -89-N R -13-W OWNER INFORMATION Enter the name and full address of the owner of the facility. MAIL TO: STORM WATER COORDINATOR IOWA DEPARTMENT OF NATURAL RESOURCES 502 E. 9TH STREET DES MOINES, IA 50319-0034 NAME: City of Waterloo ADDRESS: 715 Mulberry Street CITY: Waterloo STATE: Iowa ZIP CODE: 50703 TELEPHONE: ( 319 ) 291-4312 OUTFALL INFORMATION Discharge start date, i.e., when did/will the site begin operation or 10/1/92, whichever is later: Is any storm water monitoring information available describing the concentration of pollutants in storm water discharges? 0 Yes ■ No NOTE: Do not attach any storm water monitoring information with the application. Receiving water(s) to the first uniquely named waterway in Iowa, (e.g., road ditch to unnamed tributary to Mud Creek to South Skunk River): Street drainage to City of Waterloo Storm Sewer, to Dry Run Creek, to the Cedar River Compliance With The Following Conditions: Has the Storm Water Pollution Prevention Plan been developed prior to the submittal of this Notice of Intent and does the plan meet the requirements of the applicable General Permit? (do not submit the SWPPP with the application) Will the Storm Water Pollution Prevention Plan comply with approved State (Section 161A.64, Code of Iowa) or local sediment and erosion plans? (for General Permit 2 only) Have two public notices been published for at least one day, one each in the two newspapers with the largest circulation in the area where the discharge is located, and are the proofs of notice attached? (new applications only) Yes No X X X GENERAL PERMIT NO. 2 AND GENERAL PERMIT NO. 3 APPLICANTS COMPLETE THIS SECTION. Description of Project (describe in one sentence what is being constructed): Reconstruction of Kimball Avenue to improve traffic throughout the corridor. For General Permit No. 3 - Is this facility to be moved this year? Number of Acres of Disturbed Soil: (Construction Activities Only) 0 Yes 0 No Estimated Timetable For Activities / Projects, i.e., approximately when did/will the project begin and end: 2014 — 2016 Construction Seasons CERTIFICATION — ALL APPLICATIONS MUST BE SIGNED Only the following individuals may sign the certification: owner of site, principal executive officer of at least the level of vice- president of the company owning the site, a general partner of the company owning the site, principal executive officer or ranking elected official of the public entity owning the site, any of the above of the general contracting company for construction sites. I certify under penalty of law that this document was prepared under my direction or supervision in accordance with a system designed to assure that qualified people properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, this information is to the best of my knowledge and belief, true, accurate, and complete. I further certify that the terms and conditions of the general permit will be met. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. NAME: (print or type) TITLE: SIGNATURE: DATE: IOWA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT No. 1 FOR "STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY" or No. 2 FOR "STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR CONSTRUCTION ACTIVITIES" or No. 3 FOR "STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR ASPHALT PLANTS, CONCRETE BATCH PLANTS, ROCK CRUSHING PLANTS, AND CONSTRUCTION SAND AND GRAVEL FACILITIES." PERMIT INFORMATION Has this storm water discharge been previously permitted? ❑ Yes • No If yes, please list authorization number Under what General Permit are you applying for coverage? General Permit No. 1 0 General Permit No. 2 ■ General Permit No. 3 0 DNR CASHIER'S USE ONLY 0253-542SW08-0581 PERMIT FEE OPTIONS For coverage under the NPDES General Permit the following fees apply: ❑ Annual Permit Fee $175 (per year) Maximum coverage is one year. • 3 -year Permit Fee $350 Maximum coverage is three years. ❑ 4 -year Permit Fee $525 Maximum coverage is four years. O 5 -year Permit Fee $700 Maximum coverage is five years. Checks should be made payable to: Iowa Department of Natural Resources. FACILITY OR PROJECT INFORMATION Enter the name and full address/location (not mailing address) of the facility or project for which permit coverage is requested. NAME: Kimball Avenue Transportation Improvement Project STREET ADDRESS OF SITE: From Tower Park Drive to Acadia Street CITY: Waterloo COUNTY: Black Hawk STATE: Iowa ZIP CODE: 50701 CONTACT INFORMATION Give name, mailing address and telephone number of a contact person (Attach additional information on separate pages as needed). This will be the address to which all correspondence will be sent and to which all questions regarding your application and compliance with the permit will be directed. NAME: City of Waterloo Engineering Department c/o Jeff Bales, PE ADDRESS: 715 Mulberry Street CITY: Waterloo STATE: Iowa ZIP CODE: 50703 TELEPHONE ( 319 ) 291-4312 Check the appropriate box to indicate the legal status of the operator of the facility. 0 Federal 0 State ■ Public 0 Private 0 Other (specify) SIC CODE (General Permit No. 1 & 3 Applicants Only) 1 SIC code refers to Standard Industrial Classification code number used to classify establishments by type of economic activity. Be sure to complete both sides of this form. 542-1415 (Rev. 7/08) FACILITY LOCATION OR LOCATION OF CONSTRUCTION SITE Give the location by'/4 section, section, township, range, (e.g., NW, 7, T78N, R3W). 1/4 SECTION SECTION TOWNSHIP RANGE ,{fr DATE: 3, 4, 9 and 10 T -88-N R -13-W 34 and 35 T -89-N R -13-W OWNER INFORMATION Enter the name and full address of the owner of the facility. NAME: City of Waterloo CITY: Waterloo STATE: Iowa MAIL T0: STORM WATER COORDINATOR IOWA DEPARTMENT OF NATURAL RESOURCES 502 E. 9Th STREET DES MOINES, IA 50319-0034 ADDRESS: 715 Mulberry Street ZIP CODE: 50703 TELEPHONE: ( 319 ) 291-4312 OUTFALL INFORMATION Discharge start date, i.e., when did/will the site begin operation or 10/1/92, whichever is later: Is any storm water monitoring information available describing the concentration of pollutants in storm water discharges? ❑ Yes ■ No NOTE: Do not attach any storm water monitoring information with the application. Receiving water(s) to the first uniquely named waterway in Iowa, (e.g., road ditch to unnamed tributary to Mud Creek to South Skunk River): Street drainage to City of Waterloo Storm Sewer, to Dry Run Creek, to the Cedar River Compliance With The Following Conditions: Has the Storm Water Pollution Prevention Plan been developed prior to the submittal of this Notice of Intent and does the plan meet the requirements of the applicable General Permit? (do not submit the SWPPP with the application) Will the Storm Water Pollution Prevention Plan comply with approved State (Section 161 A.64, Code of Iowa) or local sediment and erosion plans? (for General Permit 2 only) Have two public notices been published for at least one day, one each in the two newspapers with the largest circulation in the area where the discharge is located, and are the proofs of notice attached? (new applications only) Yes No X X X GENERAL PERMIT NO. 2 AND GENERAL PERMIT NO. 3 APPLICANTS COMPLETE THIS SECTION. Description of Project (describe in one sentence what is being constructed): Reconstruction of Kimball Avenue to improve traffic throughout the corridor. For General Permit No. 3 - Is this facility to be moved this year? Number of Acres of Disturbed Soil: 0 Yes 0 No (Construction Activities Only) Estimated Timetable For Activities / Projects, i.e., approximately when did/will the project begin and end: 2014 — 2016 Construction Seasons CERTIFICATION — ALL APPLICATIONS MUST BE SIGNED Only the following individuals may sign the certification: owner of site, principal executive officer of at least the level of vice- president of the company owning the site, a general partner of the company owning the site, principal executive officer or ranking elected official of the public entity owning the site, any of the above of the general contracting company for construction sites. I certify under penalty of law that this document was prepared under my direction or supervision in accordance with a system designed to assure that qualified people properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, this information is to the best of my knowledge and belief, true, accurate, and complete. I further certify that the terms and conditions of the general permit will be met. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. NAME: (print or type) rilVe — G-- Q t a.V (-- TITLE: N SIGN /j/ /j ,{fr DATE: Amended Council Agenda Items Council Meeting Monday, March 3, 2014 MEND Change the action from acknowledgement of receipt to failure to pay penalty. 1.a.2. An order for failure to pay penalty and assess penalty in the amount of $300.00 with Neighborhood Mart, 2100 Lafayette Street, Waterloo, Iowa for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Submitted by David R. Zellhoefer, Assistant City Attorney Request to table until March 24, 2014. 1. Asbestos Abatement Services Request for Proposals for the following properties: 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, 420 Dawson Street, and 801-805 Commercial Street. Motion to receive and file proof of publication of notice of public hearing HOLD HEARING—No objections on file. Motion to postpone hearing until March 24, 2014 Submitted by Noel Anderson, Community Planning & Development Director DELET Deleting resolution as Contract, Bonds and Certificate of Insurance have not been received. 2. Resolution approving award of contract to Nichols Construction, Inc. of Evansdale, Iowa in the amount of $68,000.00; and approving the Contract, Bonds and Certificate of Insurance for the FY2014 Cedar Vista Shelter Project, in Exchange Park, at the intersection of Park Road and Burton Avenue; and authorize Mayor and City Clerk to execute said document. Submitted by Travis Nichols, Leisure Services Facilities/Project Manager THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE WATERLOO CENTER OF THE ARTS, LAW COURT THEATER, 5:30 P.M. MONDAY, MARCH 3, 2014 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/ presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. March 3, 2014 Roll Call. Moment of Silence. Pledge of Allegiance: Carolyn Cole, Ward 2 Council Member. Agenda, as proposed or amended. Minutes of February 24, 2014, Regular Session, as proposed. Presentation of MidAmerican Energy's Trees Please! Grant to City of Waterloo Leisure Services Commission. Page 2 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Acceptance of Acknowledgment/ Settlement Agreement in the amount of $300.00 with Neighborhood Mart, 2100 Lafayette Street, Waterloo, Iowa for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Submitted by David R. Zellhoefer, Assistant City Attorney 3. Acceptance of Acknowledgment/ Settlement Agreement in the amount of $300.00 with Prime Mart, 3535 Marigold Street, Waterloo, Iowa for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Submitted by David R. Zellhoefer, Assistant City Attorney 4. Request of Patrisha Serfling for tax exemptions for the construction of an addition to a single family dwelling valued at $25, 900.00 located at 642 W. Parker Street and located in the Consolidated Urban Revitalization Area (CUBA). Submitted by Noel Anderson, Community Planning & Development Director 5. Request of Tony Fischels for tax exemptions for the construction of a new single family dwelling valued at $320, 000.00 located at 4726 Yellowstone Drive and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director March 3, 2014 Page 3 6. Request from John Deere Waterloo Works for an Exception to Burning Yard Waste to burn approximately six (6) individual prairies of prairie grass located on its Tractor Cab Assembly Operation located at 3500 East Donald Street in Waterloo, Iowa during the period of March to April 2014, together with recommendation of approval of the Chief of Fire Services. b. Motion to approve the following: 1. 2. 3. 4. Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to exceed Julie Snider & Iowa NAHRO Des 04/30/ 14- $2,047.28 Beverly Cosby- training Moines, IA 05/ 02/ 14 X Coordinators, and Class C Liquor Renewal 02/ 07/ 15 X Sonia Mayer, Class C Liquor Outdoor Sales Renewal 03/ 14/ 15 X Bookkeeper Class C Liquor New 02/ 15/ 15 X Six (6) Waterloo Governor's Traffic Dubuque, 04/ 08/ 14- $622.00 Police Officers Safety Bureau IA 04/ 10/ 14 Ed Abben & Joel State of Iowa Waterloo, 03/22/ 14- $240.00 Shepard, Building Maintenance Mechanical Code, Industry & Safety IA 03/22/ 14 Bob Osgood, Chief State of Iowa Waterloo, 03/22/ 14- $120.00 Plumbing Inspector Mechanical Code, Industry & Safety IA 03/22/ 14 5. Recommendation of appointment of Barry Haskins to the Civil Service Commission, with term expiration of April 1, 2018. 6. 7. 8. 9. 10. Submitted by Mayor Buck Clark Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Times Sports Bar & Grill 213 E 5th Street Class C Liquor & Outdoor Sales Renewal 06/ 12/ 14 X Hy -Vee Food & Drugstore #3 1422 Flammang Dr. Class E Liquor, Class B Wine, Class C Beer Renewal 02/ 08/ 15 X Elitte Cafe Bar 1108 Jefferson St. Class C Liquor Renewal 02/ 07/ 15 X Buzz's Bar 1016 Maynard Class C Liquor Outdoor Sales Renewal 03/ 14/ 15 X Club Finesse 313 W. 5th Street Class C Liquor New 02/ 15/ 15 X March 3, 2014 11. Bonds PUBLIC HEARINGS Page 4 I. Asbestos Abatement Services Request for Proposals for the following properties: 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, 420 Dawson Street, and 801-805 Commercial Street. Motion to receive and file proof of publication of notice of public hearing HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of request for proposals, plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review. Submitted by Noel Anderson, Community Planning & Development Director RESOLUTIONS 2. Resolution approving award of contract to Nichols Construction, Inc. of Evansdale, Iowa in the amount of $68,000.00; and approving the Contract, Bonds and Certificate of Insurance for the FY2014 Cedar Vista Shelter Project, in Exchange Park, at the intersection of Park Road and Burton Avenue; and authorize Mayor and City Clerk to execute said document. Submitted by Travis Nichols, Leisure Services Facilities/Project Manager 3. Resolution approving a 5 -year Beverages Sales Agreement with Pepsi Beverages Company for Leisure Service Locations; and authorize Mayor to execute said document. Submitted by Paul Huting, Leisure Services Director 4. Resolution approving an agreement with Accelerated Rehabilitation Center for services to be offered at the Cedar Valley SportsPlex. Submitted by Mark Gallagher, Recreation Services Manager, Leisure Services 5. Resolution approving the writing, preparation, and submittal of an Iowa Reinvestment Act application for the Tech Works Campus area development project; and authorizing Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director March 3, 2014 Page 5 6. Resolution approving Real Estate Purchase Agreement with Bank of New York Mellon for the acquisition and purchase of 1027 Lafayette Street in the amount of $25,300.00; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 7. Resolution approving Notice of Intent for NPDES Coverage Under General Permit to the Iowa Department of Natural Resources in conjunction with F.Y. 2014 Kimball Avenue Transportation Improvements, Contract No. 843; and authorize Mayor to execute said document. Submitted by Jeff bales, Associate Engineer 8. Resolution approving Traffic Safety Grant Agreement with Iowa Department of Transportation in the amount of $36,000.00 for improving traffic signal installations and removing existing signals at the intersections of E. Ridgeway Ave. & W. 11th Street; and authorize Mayor and City Clerk to execute said document. Submitted by Sandie Greco, Traffic Operations Superintendent 9. Resolution approving Traffic Safety Grant Agreement with Iowa Department of Transportation in the amount of $15,000.00 for Radio Broadcast Traffic Safety Awareness Campaign focused on pedestrians and cyclists; and authorize Mayor and City Clerk to execute said document. Submitted by Sandie Greco, Traffic Operations Superintendent ORDINANCES 10. An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by amending Section 6 of Chapter 2, Nuisances, of Title 4, Public Health and Safety, and by amending Sections 2, 3, 5, 6, 8, and 10 of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health and Safetg, of the Code of Ordinances of the City of Waterloo. Motion to consider and pass for the third time and adopt an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by amending Section 6 of Chapter 2, Nuisances, of Title 4, Public Health and Safety, and by amending Sections 2, 3, 5, 6, 8, and 10 of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health and Safety. Submitted by Mayor Buck Clark March 3, 2014 11. An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, by repealing Chapter 1, Animal Control, of Title 5, Police Regulations, and enacting in lieu thereof a new Chapter 1, Animal Control, of Title 5, Police Regulations, of the Code of Ordinances of the City of Waterloo. Motion to receive, file, consider and pass for the second time an Ordinance repealing Chapter 1, Animal Control, of Title 5, Police Regulations, and enacting in lieu thereof a new Chapter 1, Animal Control, of Title 5, Police Regulations. Motion suspending the rules. Motion to consider and pass for the third time and adopt ordinance. Submitted by Sandie Greco, Superintendent of Traffic Operations. Page 6 OTHER COUNCIL BUSINESS 12. FY 2014 Boat House Roof Replacement Project Motion to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as April 7, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Travis Nichols, Leisure Services Facilities/Project Manager 13. Motion approving Change Order No. 1 for a net decrease in the amount of $8, 763.56 for work performed by Daktronics, Inc. of Brookings, SD for the Young Arena Video/Audio Upgrades Project; and authorize Mayor to execute said document. Submitted by Chris Dolan, Young Arena Manager 14. Motion approving Change Order No. 3 for a net increase in the amount of $22,481.75 for work performed by K & W Electric, Inc. of Cedar Falls, Iowa, for the Rehabilitation of Airfield Vault Project for a quantity adjustment on the surface applied hold position signs and airfield lighting control modifications; and authorize Mayor to execute said document. Submitted by Mike Wilson, Airport Director 15. Motion approving Change Order No. 4 for a net increase in the amount of $5,715.00 for work performed by K & W Electric, Inc. of Cedar Falls, Iowa, for the Rehabilitation of Airfield Vault Project for Livingston Aviation parking lot lighting; and authorize Mayor to execute said document. Submitted by Mike Wilson, Airport Director March 3, 2014 Page 7 16. Motion approving Change Order No. 2 for a net decrease of $275.75 for work performed by Aspro, Inc. of Waterloo, Iowa for Rehabilitation of Taxiway "E" at Waterloo Regional Airport; and authorize Mayor to execute said document. Submitted by Mike Wilson, Airport Director 17. Motion approving Change Order No. 1 for a net increase of $13,440.00 for work performed by Cedar Valley Corp., LLC of Waterloo, Iowa for Rehabilitation of Taxiway "B" at Waterloo Regional Airport; and authorize Mayor to execute said document. Submitted by Mike Wilson, Airport Director 18. FYE2015 Budget Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution approving said budget with a total tax levy rate of $18.21888 and total property tax askings of $41,486,059.00. Submitted by Michelle C. Weidner, Chief Financial Officer ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares, CMC City Clerk/ Human Resource Director MEETINGS Monday, March 3, 2014 4:40 p.m. - Council Work Session -Law Court Theater 5:00 p.m. - Boards & Commissions Committee, Law Court Theater 5:05 p.m. - Finance Committee, Law Court Theater PUBLIC INFORMATION 1. Northeast Iowa Response Group meeting minutes of January 9, 2014, on file in the City Clerk's office. 2. Board of Waterloo Water Works meeting minutes of February 19, 2014, on file in the City Clerk's office. March 3, 2014 Page 8 CONTRACT PAYMENT SCHEDULE 1. Gatewell Repair Project - Black Hawk Creek & Cedar River City, Contract No. 857 Pay estimate to AECOM in the total amount due of $5, 692.71 2. Storm Water Lift Station; Blowers & Dry Run Creek Design, Contract No. 852 Pay estimate to AECOM in the total amount due of $14,424.43 3. Delane Avenue Watershed Detention Basin, Contract No. 853 Pay estimate No. 11 to JDE Engineering in the total amount due of $14,424.43 4. Stormwater Lift Stations, Study -Design Phase Westfield Ave, Virden Creek & Vinton Pay estimate to Stanley Consultants, Inc. in the total amount due of $21,912.90 February 24, 2014 The Council of the City of Waterloo, Iowa, met in Regular Session at Waterloo Center for the Arts, Law Court Theater, Waterloo, Iowa, at 5:30 p.m., on Monday, February 24, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Mayor Buck Clark. 142321 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, February 24, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 142322 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, February 17, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring March 2014 as "Quota Cares Month Featuring Cops 'N Kids Reading Program." Mayor Clark read a Proclamation declaring "Payne AME Church Founders Day Celebration." CONSENT AGENDA 142323 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated February 24, 2014, in the amount of $3,164,988.21, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2014-129. 2. Request to cancel assessment for 1024 Dundee Avenue in the amount of $182.61; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2014-130. 3. Request of Andrew Weinberg for tax exemptions for the construction of a new single family home valued at $372,000.00 located at 4745 Yellowstone Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-131. 4. Request of Kevin & Angela Ballenger for tax exemptions for the construction of a new twin home (condo) valued at $150,000.00 located at 5546 Summerland Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-132. February 24, 2014 b. Motion to approve the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Page 2 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Inv. Sadd & CTK Advanced Waterloo, IA 05/28/14- $450.00 Inv. Wittmayer Interview & 05/29/14 Interrogation School Eight (8) Sworn CTK Interview & Waterloo, IA 04/21/14- $1,800.00 Waterloo Police Interrogation 04/23/14 Officers School Director Trelka International Orlando, FL 10/24/14- $1,720.00 Assoc. of Chiefs of Police 10/29/14 Conference Inv. McFarland Death & Homicide Kansas City, 04/13/14- $1,735.00 Investigation MO 04/18/14 Sgt. Interdiction for Johnston, IA 02/05/14- $187.01 McClelland- Amended the Protection of Children 02/06/14 Todd Derifield, Shade Tree Short Ames, IA 02/25/14- $250.00 City Forester Course & INLA 02/27/14 Tradeshow Nancy Gulick, Region 7 & 8 Kansas City, 03/24/14- $870.00 Community Lead & Healthy MO 03/26/14 Development Homes Conference Coordinator Director Trelka Child Abduction Des Moines, 02/24/14- $370.00 & Inv. Hesse Response Team IA 02/25/14 Training Officers Midwest Gang Minneapolis, 05/04/14- $3,447.00 Jurgensen, Nissen, Frein, Investigators Conference MN 05/07/14 Sullivan & 2 Cedar Falls Police Officers Capt. Leibold & FBI National Dubuque, IA 04/23/14- $676.00 Lt. Payne Academy Iowa 04/25/14 Chapter Spring Training Conf. Brian Rath- Upgrading Your Madison, WI 03/23/14- $3,280.00 Treatment Sanitary Sewer 03/25/14 Operator Maintenance • Supervisor & Program Mark Brandes - CMOM Specialist Wayne Castle, 77th Annual SLSI Ames, IA 03/06/14- $320.00 Assoc. Engineer Land Surveyors 03/07/14 Conference Eric Thorson, 2014 APWA/ISOSWO West Des 04/02/14- $451.00 PE, City Joint Spring Moines, IA 04/04/14 Engineer Conference Phillip Iowa Storm Water Ames, IA 03/03/14- $269.49 Schuppert, Storm Water Conference Making 03/04/14 Specialist Connections - Solving Problems Mark Boesen, National Healthy Nashville, TN 05/27/14- $6,437.00 Manager of Homes Conference 05/30/14 Rehabilitation (Lead Grant) Services; Megan Hoskins & Penny Gerholt, BH County Health Dept., Environmental Health Officers Suzy Schares-HR 2014 Iowa Altoona, IA 04/23/14- $908.00 Director, Nicole Fischels-HR Employment, Training, Benefits & 04/24/14 Specialist, and Wellness Nancy Conference Culpepper -HR Administrative Secretary February 24, 2014 Page 3 17. Recommendation of appointment of Angela Reid to the position of Education Coordinator from the current Civil Service list effective March 3, 2014. 18. Recommendation of appointment of Christina Wood to the Cultural and Arts Commission, with term expiration of March 1, 2017. 19. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Winterfest 650 Stephan Ave. Class C Liquor New 03/01/14- 03/06/14 X Roll call vote -Ayes: Seven. Motion carried. Mayor Clark recognized the newly appointed employees and board and commission members. PUBLIC HEARINGS 142324 - Schmitt/Hart that proof of publication of notice of public hearing on Request on FY2014 Cedar Vista Park Shelter Project, as published in the Waterloo Courier on February 10, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142325 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 142326 - Schmitt/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 142327 - Schmitt/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with FY2014 Cedar Vista Park Shelter Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-133. 142328 - Schmitt/Hart that "Resolution ordering construction in conjunction with FY2014 Cedar Vista Park Shelter Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-134. 142329 - Schmitt/Hart to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Security Bid Amount B & B Builders & Supply 5728 Sierra Dr. Waterloo, IA 50701 5% $71,370.00 Magee Construction Co. 1705 Waterloo Road Cedar Falls, IA 50613 5% $77,350.00 Nichols Construction, Inc. 883 Doris Drive Prairie Industrial Park Evansdale, IA 50707 5% $68,000.00 Voice vote -Ayes: 142330 - Hart/Welper Seven. Motion carried. that proof of publication of notice of public hearing on Request of Harris Cleaning of Waterloo, Iowa for a site plan amendment to the "M -2,P" Planned Industrial District, to allow for the construction of a 80' X 125' (10,000 SF) industrial building, located at the southwest corner of Northeast Drive and Newell Street, as published in the Waterloo Courier on February 14, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. February 24, 2014 Page 4 142331 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 142332 - Hart/Welper that the hearing be closed and recommendation of Planning, Programming and Zoning Commission be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142333 - Hart/Welper that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a Site Plan Amendment on Certain Property in conjunction with request of Harris Cleaning of Waterloo, Iowa for a site plan amendment to the "M -2,P" Planned Industrial District, to allow for the construction of a 80' X 125' (10,000 SF) industrial building, located at the southwest corner of Northeast Drive and Newell Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. 142334 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Lind). 142335 - Hart/Welper that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Approving a Site Plan Amendment on Certain Property in conjunction with request of Harris Cleaning of Waterloo, Iowa for a site plan amendment to the "M -2,P" Planned Industrial District, to allow for the construction of a 80' X 125' (10,000 SF) industrial building, located at the southwest corner of Northeast Drive and Newell Street", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Nays: One (Lind). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5201. RESOLUTIONS 142336 - Welper/Hart that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by KWS, Inc. of Cedar Falls, Iowa, at a total cost of $89,867.00 in conjunction with FY2014 Danes Complex Lighting Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-135. 142337 - Welper/Hart that "Resolution approving 28E Agreements with City of Waterloo and the following communities: Denver, Dysart, Hudson, Dunkerton, Wellsburg, LaPorte City, Evansdale, Traer, Jesup, Fairbank, North Benton, Reinbeck, and Gladbrook- Lincoln; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-136. 142338 - Welper/Hart that "Resolution adopting the City of Waterloo Bicycle Master Plan by hereby adopting Chapter 5 Non -Motorized Transportation Component of the Black Hawk County Metropolitan Area Transportation Policy Board 2040 Long Range Transportation Plan as the City of Waterloo's Bicycle Master Plan", be adopted. 142339 - Jones/Schmitt To table for further discussion for two weeks. Roll call vote -Ayes: Six. Nays: One (Hart). Aric Schroeder noted that it is required for Blue Zone Certification but will not be hindered by being tabled for a few weeks. Mr. Morrissey supported the resolution. February 24, 2014 Page 5 142340 - Cole/Schmitt that "Resolution approving request by Craig Fairbanks Homes for the Final Plat of Crossroads Estates Replat No. 5, generally located along Hummingbird Circle between Bobolink Drive and Sarah Drive for the development of a 5 -lot residential subdivision on 1.9 acres", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-137. 142341 - Cole/Schmitt that "Resolution setting date of hearing as March 10, 2014 to approve request of Stainless Investments, LLC of Waterloo, Iowa to rezone 0.41 acres of land from "R-2" One and Two Family Residence District to "C -1,C -Z" Conditional Zoning District located at 811 Elliot Court; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-138. 142342 - Cole/Schmitt that "Resolution setting date of hearing as March 10, 2014 to approve request of Stainless Investments, LLC of Waterloo, Iowa for a Site Plan Amendment to the "C -1,C -Z" Conditional Zoning District, to allow for a 20'x60' (1,200 SF) addition to the existing building, as well as expand a vehicular area, located at 3533 Cedar Terrace Drive; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-139. 142343 - Schmitt/Welper that "Resolution approving Memorandum of Agreement Regarding Prorating of Real Estate Taxes with L & H Farms, Ltd. of Waterloo, Iowa; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-140. 142344 - Schmitt/Welper that "Resolution approving Notice of Intent for NPDES Coverage Under General Permit to the Iowa Department of Natural Resources in conjunction with F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-141. 142345 - Schmitt/Welper that "Resolution approving an amendment to the city travel and meetings guidelines", be adopted. Roll call vote -Ayes: Six. Nays: One (Hart). Mr. Hart expressed concern with the extended stay requirements. Resolution adopted and upon approval by Mayor assigned No. 2014-142. ORDINANCES 142346 - Morrissey/Hart that "an Ordinance amending the Code of Ordinances of the City of Waterloo, by repealing Chapter 7, Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo; and enacting in lieu thereof a New Chapter 7, Rental Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo", be considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5202. Mark Pregler, Landlord Associations, spoke in opposition to the fees. Marty Stokes, Martin Realtors 1419 W. 4th Street, spoke in opposition to the fees. Marty Dickey, 17 Derbyshire Road, expressed concern with the ability to inspect all of the rental properties under the new ordinance. February 24, 2014 Page 6 Mr. Jones clarified that several of the rental properties are multi -unit buildings which will make up for the time to inspect. 142347 - Morrissey/Hart that "Resolution approving the Crime Free Lease Addendum for Waterloo Housing Ordinance," be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-143. 142348 - Lind/Schmitt that "Resolution approving the fee schedule at $10.00 per unit cost for Waterloo Housing Ordinance," be adopted. Roll call Vote -Ayes: Two. Nays: Five (Jones, Morrissey, Welper, Hart, and Cole). Mr. Jones clarified that if the fee is at $10 the taxpayers will be paying for the program through the general fund. Craig Clark, clarified that the only addition is taking a part-time person to a full-time person. He explained the arrival of the fee schedule. Mr. Schmitt expressed concern with the fee being increased by 500% all at once. Mr. Morrissey clarified that this only applies to landlords. Mr. Jones suggested reducing the fees if additional funds are received. Mr. Lind questioned the property tax asking for that department be reduced. Michelle Weidner explained that the property tax asking's will be reduced if the revenue covers the cost of the program. Mr. Welper explained the history of the program. 142349 - Morrissey/Hart that "Resolution approving the fee schedule at $25.00 per unit cost for Waterloo Housing Ordinance," be adopted. Roll call Vote -Ayes: Five. Nays: Two (Schmitt, Lind) Resolution adopted and upon approval by Mayor assigned No. 2014-144. 142350 - Hart/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by amending Section 6 of Chapter 2, Nuisances, of Title 4, Public Health and Safety, and by amending Sections 2, 3, 5, 6, 8, and 10 of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health and Safety", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. 142351 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Nays: Two (Schmitt, Lind). Motion failed. 142352 - Cole/Schmitt that "an Ordinance amending the amending the 2007 Code of Ordinances of the City of Waterloo, by repealing Chapter 1, Animal Control, of Title 5, Police Regulations, and enacting in lieu thereof a new Chapter 1, Animal Control, of Title 5, Police Regulations, of the Code of Ordinances of the City of Waterloo", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Vivian Brookman, 432 Conger Street, spoke in opposition to the ordinance due to lack of accountability for the owner. Jim Walsh, explained that there are civil remedies but there is no repercussion for those who don't have the means to pay the fines. Mr. Schmitt questioned if there had been any cases where the owner was charged for a criminal act when the dog got away and hurt someone. Jim Walsh, responded no. February 24, 2014 Page 7 Brian Detmer, 123 Mosley, expressed concern with the inability to have a watch dog. Randy Herod, 111 Highland Blvd., expressed concern with the ordinance. Mr. Jones addressed the issue of backyard breeding and hopes that the new ordinance will discourage breeders; we can reevaluate the ordinance next fall. 142353 - Cole/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Nays: Two (Schmitt, Lind). Motion failed. OTHER COUNCIL BUSINESS 142354 - Hart/Welper to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement for 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, 420 Dawson Street, and 801-805 Commercial Street, be approved. Voice vote -Ayes: Seven. Motion carried. 142355 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement for 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, 420 Dawson Street, and 801-805 Commercial Street, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142356 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement for 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, 420 Dawson Street, and 801-805 Commercial Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-145. 142357 - Hart/Welper that "Resolution setting date of hearing and bid opening as March 3, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement for 1029 South Street, 616-618 West 9th Street, 1135 Magnolia Parkway and 506 Reed Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-146. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, concerned with passing the property ordinance. Bill Kammeyer, 526 Home Park Blvd., questioned what the ground rules are to suspending the rules. Forest Dillavou, 1725 Huntington Rd., expressed concern regarding the budget and suggested taking money out of the TIF districts. Marty Dickey, 117 Derbyshire Rd., suggested using TIF funds to have a zero property tax increase. Ted Ledermam, 1758 Pinehurst Lane, spoke in opposition to the City Health Insurance. Bill Kammeyer, suggested having an insurance committee. 142358 - Hart/Welper that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. February 24, 2014 ADJOURNMENT 142359 - Hart/Welper that the Council adjourn at 7:03 p.m. Voice vote -Ayes: Seven. Motion carried. Page 8 Suzy Schares, CMC City Clerk/Human Resource Director CITY OF WATERLOO Council Communication City Council Meeting: Prepared: Dept. Head Signature: # of Attachments: SUBJECT: Submitted by: March 3, 2014 February 19, 2014 6, alt.,t_i7c_ 0 Presentation of MidAmerican Energy's Trees Please! grant to City of Waterloo Leisure Services Commission. Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: City of Waterloo Finance Committee Open Invoice Report For [larch 03 2014 Approval Finance Committee Accounts Payable Open Invoice Report Total As of Friday, February 28, 2014 Remove Agape Fosters EFT Transactions: 587,283.19 (198.00) Subtotal - as of Monday, March o3 2014 587,085.19 Workers Compensation Issued by TPA Gross Payroll Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's 19, 506.32 2,979.59 Bill Payment Total - Monday, March o3, 2014 Payme to Council members or entities $o.00 609,571.10 I ,City of Waterloo Bill Payments Bit Date 3/3/2014 Banking Date 3/4/2014 Prepared by: RH Journal Number 1084 1 J Fund Amount Fund Amount for formula 010 371,232.72 010 1 $ 371,232.72 205 256.38 205 1 256.38 224 39,741.82 224 2 39,741.82 266 13,069.68 266 1 13,069.68 283 6,042.36 283 3 6,042.36 290 40,875.12 290 1 40,875.12 410 355.00 410 4 355.00 411 1,900.00 411 4 1,900.00 412 11,904.22 412 4 11,904.22 413 10,851.46 413 4 10,851.46 426 5,068.95 426 1 5,068.95 520 20,948.89 520 5 20,948.89 521 524.60 521 5 524.60 525 2,687.10 525 1 2,687.10 609 0.00 609 4 0.00 610 61,626.89 610 4 61,626.89 WAR 587,085.19 587,085.19 juornal total 1,174,170.38 $ 1,174,170.38 1 $ 433,189.95 WAR formula (587,085.19) 2 39,741.82 3 6,042'.36 Approved check total 587,085.19 4 86,637 57 5 21,473.49 6 0.00' Bank Acct (RB) OVRNT w/d amount $ 433,189.95 To: (RB) ACCTS PYBL (RB) CDBG 39,741.82 No banking (USB)HOUSE 6,042.36 � - `-6-3 (RB)GOB 86,637.57 t1_j1 (RB)SEW 21,473.49 $ 587,085.19 3/4/2014 forms bit banking net.xlsx 030314 $ 587,085.19 CITY OF WATERLOO Council Communication City Council Meeting: March 3, 2014 Prepared: February 25, 2014 Dept. Head Signature: James E. Walsh, Jr., City Attorney # of Attachments: SUBJECT: Neighborhood Mart, 2100 Lafayette Street, Waterloo, Iowa 50703, Tobacco Violation, First $300.00 civil penalty Submitted by: David R. Zellhoefer, Asst. City Attorney Recommended City Council Action: Accept Acknowledgment/Settlement Agreement Summary Statement: An employee sold tobacco to a minor. Under Iowa law, the City is allowed to collect a civil penalty of $300.00 for a first violation. Neighborhood Mart was previously contacted on January 27, 2014 by letter. They did not respond. The City is requesting the approval of an Order assessing a Civil Penalty of $300.00 due and payable 30 days from the date of the City Council Meeting. Failure to pay the civil penalty by April 3, 2014 shall result in an automatic permit suspension for a period of fourteen (14) days in addition to the $300.00 civil penalty. Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286 March 3, 2014 Mayor Ernest G. Clark and City Council City Hall Waterloo, IA 50703 Re: Neighborhood Mart, 2100 Lafayette Street, Waterloo, Iowa, 50703 Dear Mayor Clark and Council Members: I have not received a signed Acknowledgment/Settlement Agreement regarding the violation of tobacco laws by the above -captioned permittee. Therefore, I have enclosed an Order that you proceed with public hearing and have the City Council assess a $300.00 civil penalty which is due 30 days from the date of our Council Meeting, namely, April 3, 2014, and this results as a First Violation. Should Neighborhood Mart fail to pay the civil penalty by April 3, 2014, it shall result in an automatic permit suspension for a period of fourteen (14) days, in addition to the $300.00 fine. Thank you for your assistance. Please call me if you have any questions. Sincerely, David R. Zellhoefer Assistant City Attorney DRZ:sda Enclosures: Signed Acknowledgment/Settlement Agreement and Order CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Word 3 QUENfIN M. HART Ward 4 R ON WEEPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERL.003 IOWA MTV' ATT NEY°® OFF PC 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attarney o DAVID R. ZELLHON-tR, Assistant City Attorney January 27, 2014 Ghulam Sabir Muhammad Sarwar Neighborhood Mart 2100 Lafayette Street Waterloo, Iowa 50703 Re: Neighborhood Mart, 2100 Lafayette Street, Waterloo; Iowa 50703 The City of Waterloo has scheduled a hearing before the Waterloo City Council on the 241h day of February, 2014 at 5:30 p..m., in the Council Chambers, Second Floor, City Hall, 715 Mulberry Street, Waterloo, Iowa, 50703. The hearing complaint, which has been filed against you, is attached. If you or your representative fail to appear at this hearing, a decision may be rendered against you. You have the opportunity to be heard at this hearing and to be represented by an attorney at your own expense regarding the mandatory $300.00 civil penalty prescribed by Iowa Code §453A.22(2)(a) for the violation of §453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarettes to any person under eighteen years of age. If you wish to settle this case in lieu of the public hearing, you may complete the attached Acknowledgment/Settlement Agreement, returning the original copy, properly signed and dated, to David R. Zellhoefer, Assistant City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703, no later than ten (10) business days prior to the hearing date. With this Acknowledgment/Settlement Agreement, you must include a check in the amount of $300.00 made payable to the City of Waterloo. This will satisfy the penalty for a First Violation under Iowa Code §453A.22(2) and will conclude the matter. If you have any questions, you may reach me at (319) 291-4327. if you have obtained representation by an attorney in this matter, the attorney should contact me. Sincerely, David R. Zellhoefer Assistant City Attorney DRZ:sda Enclosures: Hea t Wekn w1edgr lent/Settlement Agreement '�iww.cigyofwai�i�boiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer TOBACCO ENFORCEMENT PROGRAM UL O mpliance Chea', Form J Retailer: 1L' I c10 L dYb`��/-�% P414-- City: 4.2 FY 2014 Address: ZI C 0 GSC State:_ ZIP: RESULTS (check one): Date Checked: n Compliant __,EiNon-Compliant If Unable to Complete the Compliance Check (check one) ❑ Establishment has a VALID PERMIT but Does Not Sell Tobe cco ` - Permit Status Verified by City Clerk or County Auditor Time Checked: / (v S ❑ Establishment Na Longer Holds a Valid Tobacco Perrtiit Unable.:to Complete +( : (Not Applicable) ❑ Establishment is Out of Business Clerk Information: Cil Male J -Female CI Establishment is designated as an "Unsatisfactory Condition" ��"^ "Unsatisfactory Condition"verified byABD Tobacco Investigator First Name: fr - 1,31 Middle Initial: Officer Conducted a Walk -Through of the Premises (Explanation Required in Comments Section Belo(v) Case #: K." ) L/ 236i- ® If none of the above reasons apply write reason and explaination on the back of the form—see page 4 for reason list. I have issued a criminal citation to the clerk listed above for selling tobacco to a person under age eighteen. Iowa Code § 453A.2(1). (NOTE: If the compliance check result is Non -Compliant, a citation must be issued before your department may receive payment.) Last Name: L OFFICER INFORMATION: First Name: ( rhe Middle Initial: Last Name: Badge: 13(p / 2 Department: EA,/)p CONFIDENTIAL INFORMANT (CI): CI Ager 16 ❑ 17 CI Gender: ❑ Male ❑ Female CI Number: 2� (Last 4 digits of Cl's ID) CI Ethnicity: ❑ ite ❑ Asian ❑ African American ❑ Native American ❑ Hispanic ❑ Other RESULTS OF ATTEMPTED PURCHASE: Attempted Purchase Item: ❑ Cigarettes ❑ Smokeless Tobacco ❑ Other Tobacco Product Age Requested? ❑ YES NO ID Requested? ❑ YES XJ NO $50 Officer Signat rte e Amount Due COMMENTS: Page 10 0 24 HOUR 0 72 HOUR EQUIPMENT WARNING 4 OFI-ice_. IOWA UNIFORM CITATION n.._ viLOO POLICE DEPT. PLAINTIFF: 1 .0 State of Iowa Rt erKuAWK _ No.: �Z i 0 County of: 0 City of: WATERLOO I In the Courthouse at 31_6-E--5.3 vs. NAME: First Defendant, Last Address - City State Zip— : State SS/DL# �� - � DL Rest. DL Class DL End ,...Wt. / Race Sex Ht. • DOB /.:.. The undersigned states that on or about Mo.Day Yr. defendant did unlawfully: Operate Motor Vehicle/Boat (describe) US DOT# CMV 0 Yes 0 No HazMat Plac. Req. 0 Yes 0 Nae Year Reg. # ? : yY, StUpon a public highway at %" `` Located in the county and state aforesaid and did then and there commit the following offense: 0 Traffic 0 Navigation 0 Snowmobile/ATV 0 Fish -Game 0 Parks Middle DO NOT WRITE IN THIS SPACE 0 Scheduled Vio/Fine $ Surcharge Court Costs Total Fine/Costs $ 0 Road Construction Zone 0 Non -Scheduled Violation 0 Court Appearance Required (805.10) Reason: {I P.I. ❑ P.D. ($1000) Accident ❑ Fatal Accident ❑ Civil Damage Assessment Violation 14- Code Speed In Zone -Sec. # . DATA CODE Fed/Adm. Code ;-- Local Ord. I swear that the foregoing p'omglaint is true and correct. .. t, f • ID a ... 3lgnature at Subscribed and sworn to before me by 20C(1/Waterloo ,�:Iowkthis _ —day of -' ; 3;1 f'`r._.•..,�'.: Notary/other Court Date/paid: If you must appear in court or if you choose to appear to answer a charge, which does not require an appearance, report to the above named court on: /'i.."/ , . at 1 ,YAM 0 PM Mo. Day Yr. NOTICE: Providing false information is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdemeanor. My signature below is not a plea of guilty, but acknowledges all of the following: 1. 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:{ -' dollars and enter my written. 3. I hereby give my unsecured appearance bond in the amount of.:-.1the d appearance. I agree that if I fail to appear in person of by counsel to defend ag�entnst theaiftns ech rged in this citation, the court is authorized to enter a conviction and render judg amount of my appearance bond in satisfaction of the penalty and surcharge plus court costs. Signature of Defendant Charges, Dispositions, Sentences Title: STATE vs. CLARK, MELISSA MARIA Case: 01071 STA0109662 (BLACK HAWK) Citation Number: 92403 Defenda CLARK, MELISSA MARIA nt: Count 01 Charge Charge: 453A.2(1) -C Offense Date: DPS Number: Adjudication e: 01/08/2014 Charge: 453A.2(1) -C GUILTY - Adj.: NEGOTIATED/VOLU N PLEA Adj.Judg MEANY, PATRICIA R Com men ts: Sentence Charge: 453A.2(1) -C Descripti 1ST OFFENSE - EMPLOYEE on: PROVIDING TOBACCO TO MINOR Arrest Date: Descripti on: Adj.Date Descripti on: Against Type: 1ST OFFENSE - EMPLOYEE PROVIDING TOBACCO TO MINOR 01/21/2014 1ST OFFENSE - EMPLOYEE PROVIDING TOBACCO TO MINOR Sentence 01/21/2014 Sentence FINE Date: Appeal: Facility Type: on: Restituti N Sen.Judg MEANY, PATRICIA R e: Attorney Drug: N Extradition: N Lic.Revo N DDS: N Batterer: ked: Fine Amount: Coalmen t: 100 Duration Register CN=John Q Public,O=JUDICIAL Certain details of case data are only shown to subscribers. You may logon at this time if you are a subscriber, or you niay be become a subscriber by registering at this time. There is a $25.00 per month subscription fee. For exclusive use by the Iowa Courts State of Iowa, All Rights Reserved Summary Orig Paid Due COSTS 60.00 0.00 60.00 FINE 100.00 0,00 100.00 SURCHARGE 35.00 0.00 35.00 RESTITUTION 0.00 0.00 0.00 OTHER 0.00 0.00 0.00 $195.00 $0.00 $195.00 Make a payment on this case SUPPORT/ALIMONY N/A 0.00 N/A BEFORE THE WATERLOO CITY COUNCIL IN RE: NEIGHBORHOOD MART ORDER 2100 LAFAYETTE STREET ASSESSING PENALTY WATERLOO, IOWA 50703 FIRST VIOLATION On this 3rd day of March, 2014, after a public hearing on the matter, the Waterloo City Council finds that based upon evidence submitted by the City Attorney's Office, the above - captioned permittee committed a violation of Iowa Code §453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarettes to any person under eighteen years of age. THEREFORE, the Waterloo City Council hereby orders that a civil penalty in the sum of $300.00 be remitted by the above -captioned permittee, payable to the City of Waterloo, on or before April 3, 2014 (30 days from the date of this Order). This sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). Be advised that failure to pay the civil penalty by this date shall result in the automatic permit suspension for a period of fourteen (14) days in addition to the $300.00 fine. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk BEFORE THE WATERLOO CITY COUNCIL IN RE: NEIGHBORHOOD MART ORDER 2100 LAFAYETTE STREET ASSESSING PENALTY WATERLOO, IOWA 50703 FIRST VIOLATION On this 3' day of March, 2014, after a public hearing on the matter, the Waterloo City Council finds that based upon evidence submitted by the City Attorney's Office, the above - captioned permittee committed a violation of Iowa Code §453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarettes to any person under eighteen years of age. THEREFORE, the Waterloo City Council hereby orders that a civil penalty in the sum of $300.00 be remitted by the above -captioned permittee, payable to the City of Waterloo, on or before April 3, 2014 (30 days from the date of this Order). This sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). Be advised that failure to pay the civil penalty by this date shall result in the automatic permit suspension for a period of fourteen (14) days in addition to the $300.00 fine. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk BEFORE THE WATERLOO CITY COUNCIL IN RE: NEIGHBORHOOD MART ORDER 2100 LAFAYETTE STREET ASSESSING PENALTY WATERLOO, IOWA 50703 FIRST VIOLATION On this 3rd day of March, 2014, after a public hearing on the matter, the Waterloo City Council finds that based upon evidence submitted by the City Attorney's Office, the above - captioned permittee committed a violation of Iowa Code §453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarettes to any person under eighteen years of age. THEREFORE, the Waterloo City Council hereby orders that a civil penalty in the sum of $300.00 be remitted by the above -captioned permittee, payable to the City of Waterloo, on or before April 3, 2014 (30 days from the date of this Order). This sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). Be advised that failure to pay the civil penalty by this date shall result in the automatic permit suspension for a period of fourteen (14) days in addition to the $300.00 fine. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-148 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION FOR NEIGHBORHOOD MART, 2100 LAFAYETTE STREET, AND DIRECTING EXECUTION OF SAID ORDER BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Order Assessing Penalty of First Violation dated March 3, 2014, in the amount of $300.00, in conjunction with First Violation of Iowa Code 453A.2(1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for Neighborhood Mart, 2100 Lafayette Street, Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 3rd day of March, 2014. Ernest G. Clar ATTEST: Suzy Sc ares, CMC City Clerk , Mayor CITY OF WATERLOO Council Communication City Council Meeting: March 3, 2014 Prepared: February 21, 2014 Dept. Head Signature: James E. Walsh, Jr., City Attorney # of Attachments: SUBJECT: Submitted by: Prime Mart, 3535 Marigold Street, Waterloo, Iowa 50701, Tobacco Violation, First $300.00 civil penalty David R. Zellhoefer, Asst. City Attorney Recommended City Council Action: Accept Acknowledgment/Settlement Agreement Summary Statement: An employee sold tobacco to a minor. Under Iowa law, the City is allowed to collect a civil penalty of $300.00 for a first violation. The City is requesting the approval of an Order accepting the Acknowledgement/Settlement Agreement and check for $300.00. Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: Mayor BUCK CLARK COUNCIL, MEMBERS DAVID JONES "'Y'ard 1 CAROLYN COLE • Ward 2 HAROLD GETIY Ward.3 QUENTIN M. HART d'ard 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE . SCHMITT A: -Large CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-457i JAMES H. WALSH, JR., City Attorney • DAVID R. ZELLHOJSSER, Assistant City Attorney March 3, 2014 Mayor Buck Clark and City Council City Hall Waterloo, IA 50703 Re: Prime Mart, 3535 Marigold Street, Waterloo, Iowa, 50701 Dear Mayor Clark and Council Members: I have received a signed Acknowledgment/Settlement Agreement regarding the violation of tobacco laws by the above -captioned permittee. A copy is enclosed for your records. I have also enclosed an Order form accepting this Agreement in lieu of a public hearing and concluding this matter. Please approve and sign this Order at your next regularly scheduled meeting. The Original signed Order should then be sent to the permit holder. A copy should be returned to the City Attorney's Office. Thank you for your assistance. Please call me if you have any questions. Sincerely, id R. Zellhoefer Assistant City Attorney DRZ:sda Enclosures: Signed Acknowledgment/Settlement Agreement and Order C: City Clerk file CITY WEBSITE: www.cityofwaterlooiow .coin WE'RE WORKING FOR YOU! An Equal Opportunity/Aflitmaive Action Employer IN RE: PRIME MART ACKNOWLEDGMENT/ 3535 MARIGOLD STREET SETTLEMENT AGREEMENT WATERLOO, IOWA, 50701 FIRST VIOLATION I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official "First Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) have enclosed a check for the amount of $300.00 made payable to the City of Waterloo to settle the above - referenced complaint. The above -captioned permit holder hereby waives all jurisdictional claims. Date: Z-,//eAy NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT and waive your appearance at a hearing, this document, properly signed and dated, along with your $300.00 check made payable to the City of Waterloo, should be returned to: David R. Zellhoefer, Assistant City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. Mayor BUCK CLARK COUNCII, MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETFY Ward 3 QUENfIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFF4CIE 715 Mulberry 5t. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attorney DAVID R. ZELLHO1 K, Assistant City Attorney January 31, 2014 Prime Mart 3535 Marigold Street Waterloo, Iowa 50701 Re: Prime Mart, 3535 Marigold Street, Waterloo, Iowa, 50701 The City of Waterloo has scheduled a hearing before the Waterloo City Council on the 1011' day of March, 2014, at 5:30 p.m., in the Council Chambers, Second Floor, City Hall, 715 Mulberry Street, Waterloo, Iowa, 50703. The hearing complaint, which has been filed against you, is attached. If you or your representative fail to appear at this hearing, a decision may be rendered against you. You have the opportunity to be heard at this hearing and to be represented by an attorney at your own expense regarding the mandatory $300.00 civil penalty prescribed by Iowa Code §453A.22(2)(a) for the violation of §453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarettes to any person under eighteen years of age. If you wish to settle this case in lieu of the public hearing, you may complete the attached Acknowledgment/Settlement Agreement, returning the original copy, properly signed and dated, to David R. Zellhoefer, Assistant City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703, no later than ten (10) business days prior to the hearing date. With this Acknowledgment/Settlement Agreement, you must include a check ii the amount of $300.00 made payable to the City of Waterloo. This will satisfy the penalty for a First Violation under Iowa Code §453A.22(2) and will conclude the matter. If you have any questions, you may reach me at (319) 291-4327. If you have obtained representation by an attorney in this matter, the attorney should contact me. . Sincerely, oefer Assistant City Attorney DRZ:sda Enclosures: Hearing Complaint, Acknowledgment/Settlement Agreement C: City Clerk file CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer IN RE: PRIME MART 3535 MARIGOLD STREET WATERLOO, IOWA, 50701 HEARING COMPLAINT FIRST VIOLATION The City of Waterloo hereby makes the following complaint against the above-named permittee: 1. Iowa Code §453A.2(1) provides that a person shall not "sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age." 2. Iowa Code §453A.22(2)(a) provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil penalty of Three Hundred Dollars ($300.00) for a first violation of Iowa Code §453A.2(1). 3. On or about January 16, 2014, the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under eighteen years of age. A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above -referenced section of Iowa Code Chapter 453A and assess a civil penalty in the amount of Three Hundred Dollars ($300.00) against Prime Mart. oefer Assistant City Attorney ipledge2id. TOBACCO ENFORCEMENT PROGRAM Retailer: City: (n %°r UL C:m:ance Check Form FY 2014 Address: 3, 35 • Ai , State: ZIP: S"-"0 7o I RESULTS (check one): ly / Date Checked: 1/I of13 Time Checked: 7oo Clerk Information: 4,,Male First Name: 164/1-cir r-e,5k Last Name: n Compliant Non -Compliant If Unable to Complete the Compliance Check (check one) ❑ Establishment has a VALID PERMIT but Does Not Sell Tobacco - Permit Status Verified by City Clerk or County Auditor ❑ Establishment No Longer Holds a Valid Tobacco Permit Unable to Complete; (Not Applicable) D Establishment is Out of Business ❑ Female Middle Initial: Case #: .CZo ( O Establishment is designated as an "Urisatisfactory Condition" - "Unsatisfactory Condition" verified by ABD Tobacco Investigator - Officer Conducted a Walk -Through of the Premises (Explanation Required in Comments Section Below) '- If none of the above reasons apply, write reason and explaination on the back of the form—see page 4 for reason list. 10 I have issued a criminal citation to the clerk listed above for selling tobacco to a person under age eighteen. Iowa Code § 453A.2(1). (NOTE: If the compliance check result is Non -Compliant, a citation must be issued before your department may receive payment.) OFFICER INFORMATION: First Name: �� •� t Badge: C?� 3 Middle Initial: Last Name: Copp Department: GOct t' -foo P(3 CONFIDENTIAL INFORMANT (CI): CI Age: xl.16 ❑ 17 CI Gender: ❑ Male ❑ Female CI Number: q CI Ethnicity: `White ❑ Asian ❑ African American ❑ Native American RESULTS OF ATTEMPTED PURCHASE: Attempted Purchase Item: (Last 4 digits of CI's ID) ❑ Hispanic ❑ Other igarettes ❑ Smokeless Tobacco ❑ Other Tobacco Product Age Requested? OYES 'NO ID Requested? ❑YES1O Officer Signa 50 Amount Due COMMENTS: Page 10 • 0 24 HOUR 072 HOUR EQUIPMENT WARNING IOWA UNIForu, WA11, 00 POLICE DEPT. PLAINTIFF: ifState of Iowa n County of: 0 City of: BLACKHAWK WATERLOO No 92407 In the Courthouse at 316 E 5th WaterICLCLIA Middle VS. NAME: Defendant, Last Address • First State Zip "--•'7,..) ,•• SS/1)1,# State Co # City DL End DL Rest. DL Class , -- .. ,., DOB 1 / -'1'. / 5 :2., Race _Lk] • Sex 1/...'1 Ht. ::.2- ) Wt. A •-' ,..1 .. The undersigned states that on or about f.; -1.i / ii,..; / il-i ' at i I ;--:) 0 AM -elk defendant did unlawfully: Mo. Day Yr. Operate Motor Vehicle/Boat (describe) CMV 0 Yes 0 No HazMat Plac. Req. 0 Yes 0 No US DOT# Reg. # State Year Upon a public highway at Located in the county and state aforesaid and did then and there commit the following offense: 0 Traffic „..0 Navigation 0 Snowmobile/ATV 0 Fish -Game 0 Parks $ 1 (,:t. 0 . g..:4_,), ....,.-- - 5'Scheduled Vio/Fine 0 Road Construction Zone 0 Non -Scheduled Violation 35. Surcharge $ 0 Court Appearance Required (805.10) Reason: .... („.., 1-.7c, ..> Court Costs $ 0 P.I. 0 P.D. ($1000) Accident 0 Fatal Accident Total Fine/Costs $t ". ' . 1-• ,i, — LI Civil Damage Assessment Violation -j '' C. ' ` - t',/ ""' ' -' '`':' • 4i- '• ' •.' 'Z'W 1 r' ' 7 t ' 1 i ; 1 ' Speed In Zone -Sec #U'-'', ),-4 iq 1 i IA Code - DATA CODE Fed/Adm. Code Local Ord I sweatithatftheitOregoing complaint is true and correct. , .. ti ii• ---;'r--' , signature ID # Sutscribed and sworn to before me by .._ -.-. -. .. __.... Waterloo . .-- •Jowa this i .e7 ' day of ',..; ----/gOthiWother I. ) .,.. Court Date/PaiciAf you must appear in-Oattbr.if you choose to appear to answer a charge whichiiapes not require an appgarance, report to the above named court 00: -- s tt -' ‘ .13'Am DPM --z. / -1 i.---14 - -at- ---'' :eq- "cf -;* Mo. Day r.f- t DO NOT WRITE IN THIS SPACE at 2Cd, NOTICE: Providing false information is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdemeanor. My signatt re below is not a plea of guilty, but acknowledges all of the following:t-/ 1. 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 of 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 satisfaction of the penalty and surcharge plus court costs. Signature of Defendant Defends SURESH, KUMUR HANS nt: Count 01 Charge Charge: 453A.2(1) -C Offense Date: DPS Number: 01/16/2014 Descripti 1ST OFFENSE - EMPLOYEE on: PROVIDING TOBACCO TO MINOR Arrest Date: Against Type: Adjudication Charge: 453A.2(1) -C Descripti on: 1ST OFFENSE - EMPLOYEE PROVIDING TOBACCO TO MINOR Adj.: GUILTY - NEGOTIATED/VOLU N PLEA Adj.Date Sentence 1ST OFFENSE - EMPLOYEE PROVIDING TOBACCO TO MINOR Sentence Date: Facility Type: Restituti on: Financials Title: STAIL vs. SURESH, KUMUR HANS Case: 01071 STA0109724 (BLACK HAWK) Citation Number: 92407 Summary Orig COSTS 60.00 FINE 100.00 SURCHARGE 35.00 RESTITUTION 0.00 OTHER 0.00 Paid Due 60.00 0.00 100.00 0.00 35.00 0.00 0.00 0.00 0.00 0.00 SUPPORT/ALIMONY N/A 0.00 N/A BEFORE THE WATERLOO CITY COUNCIL IN RE: PRIME MART ORDER ACCEPTING 3535 MARIGOLD STREET ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT—FIRST VIOLATION On this 3rd day of March, 2014, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above - captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above -captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk BEFORE THE WATERLOO CITY COUNCIL IN RE: PRIME MART ORDER ACCEPTING 3535 MARIGOLD STREET ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT—FIRST VIOLATION On this 3rd day of March, 2014, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above - captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above -captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk BEFORE THE WATERLOO CITY COUNCIL IN RE: PRIME MART ORDER ACCEPTING 3535 MARIGOLD STREET ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT—FIRST VIOLATION On this 3rd day of March, 2014, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above - captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above -captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-149 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION AND ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - FIRST VIOLATION FOR PRIME MART, 3535 MARIGOLD STREET, AND DIRECTING EXECUTION OF SAID ORDER BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Order Assessing Penalty of First Violation and Order Accepting Acknowledgment/Settlement Agreement - First Violation dated March 3, 2014, in the amount of $300.00, in conjunction with First Violation of Iowa Code 453A.2(1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for Prime Mart, 3535 Marigold Street, Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 3rd day of March, 2014. ATTEST: zy Sc ares, CMC City Cl-rk nest G. ark, Mayor CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 Council Communication City Council Meeting: March 3, 2014 Prepared: February 25,2014 Dept. Head Signature: ___ # of Attachments: 2 SUBJECT: CURA application for tax exemptions for an addition to a single family home located at 642 W Parker St, Waterloo, Iowa 50703. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CURA application from Patrisha Serfling for the construction of an addition to a single family home located at 642 W Parker Street., Waterloo, Iowa 50703, Valued at $25,900 and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area. ADDRESS 642 W Parker Street, Waterloo, Iowa 50703 LEGAL DESCRIPTIONFeet of e Suh ted 333 Feetof theWaterloo East Southeast Northeast Southwest Sectionthe 300 14 Township p 89 Range South13 Expenditure Required: N/A Source of Funds: N/A Policy Issue: CURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Voelker, Associate Planner CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CONSOLIDATED URBAN REVITALIZATION APPLICATION` FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements taproperty located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value ro commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the 18 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has bee granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. �f NAME: ?c,c- tr r S Gx- S :1, SIGNATURE: ar-Zd--111-z ADDRESS: L� TELEPHONE: 3 i �/ - �'i- L/ I/3/ 2_0/3/ DATE: 4, � L A. What is the Address of the property being improved? What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse ? B. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% d. Fourth Year 50% g. Seventh Year 30% b. Second Year 70% e. Fifth Year 40% h. Eighth Year 30% c. Third Year 60% f. Sixth Year 40% i. Ninth Year 20% j. Tenth Year 20% C. What was the nature of the improveme s)? 1 E j D. City of Waterloo Building ,and Inspections Department Information: Permit Number: Q '7 `7 5 Date permit was issued: / / — �' / 3 Total permit(s) valuation: b b, E. What was the cost of the improvement? t U u , �y F. Estimated or actual date of completion of these improvements? „/ 3 c2 0 / 3 G. If this is not a singe -family dwelling unit, which you own and reside in, will these improvements create a displacement of your tenants? Yes No CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. age 1 of 3 H11111E11i111 1111111111 Doc ID 004864800003 Type: OEN Kind WARRANTY DEED Recorded: 12/21/2011 at 04:19:51 PM Fee Amt: $155.60 Pape 1 of 3 Revenue Tax: $133.60 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER Fiie2012-00011503 f j.A_.__'ry V\rui eTHE IOWA STATE BAR ASSOCIATION Shannon D. Adams FOR THE LEGAL EFFECT OF THE USE OF Official Form No. 101 - May 2000 THIS FORM, CONSULT YOUR LAWYER Return To: Shannon D, Adams. 3112 Brockway Road, Waterloo. IA 50701, (319) 291-6161 Preparer: Shannon D. Adams, 3112 Brockway Road. Waterloo, IA 50701, (319) 291-6161 Taxpayer: Patrisha L, Serfling, 642 W Parker Street. Waterloo, IA 50703 sirAork 0� For the consideration Michael B. Weiglein WARRANTY DEED of$1. ) Dollar(s) and other valuable consideration, and Hayley Weiglein, husband and wife do hereby Convey to Patrisha L. Serfling the following described real See Exhibit A Grantors do estate by title in fee simple; real estate Is free and Covenant to Warrant stated. Each of the undersigned to the real estate. Words singular or plural number, estate in Black Hawk County, Iowa: Hereby Covenant with grantees, that they have good clear of all liens and encumbrances and Defend the real estate hereby relinquishes and phrases herein, and as masculine and successors in interest, that grantors hold the real and lawful authority to sell and Convey the real estate; that the except as may be above stated; and grantors against the lawful claims of all persons except as may be above all rights of dower, homestead and distributive share in and including acknowledgment hereof, shall be construed as in the or feminine gender, according to the context.t. Dated: /./// iji Michael B. Weiglei (Grantor) ayl 'eiglet / (Grantor) STATE OF IOWA COUNTY OF BLACK HAWK This instrument was acknowledged before me Weiglein wife of Michael B. Weiglein on /21/ q // , , by Hayley . b ,,."'"' • : r a e w • SUSAN ANN WALKER COMMISSION NO. 184149 MY COMMISSION SIRE$ February 28, 201.9 Notary Public (This form of acknowledgment for individual grantor(s) only) File Number: 2012-00011 Page 2 of 3 STATE OF IOWA, COUNTY OF RiC 2 A This instrument was acknowledged before me on % i//K HAWK / Wei Lein husband of Ha le Wei Lein , by Michael B. ,.•,,' SUSAN ANN WALKER COMMISSION NO. 164149 « a MY COMMISSION WIRES 2013 STATE OF , COUNTY OF This instrument was acknowledged before me on , by , Notary Public STATE OF , COUNTY OF This instrument was acknowledged before me on , by , Notary Public , Notary Public File Number: 2012-00011503 Seq: Page 3 of 3 t EXHIBIT A A part of the East one-half of the Northeast Quarter of the Southwest Quarter of Section No. Fourteen (14), Township No. Eighty-nine (89) North, Range No. Thirteen (13) West of the Fifth (5`") Principal Meridian, in Black Hawk County, Iowa, described as follows, to -wit: Commencing at a point on the North fine of Parker Street which is Thirty-three (33) feet North of a point that is Three Hundred and ten (310) feet East of the Southwest corner of the East one-half of the Northeast Quarter of the Southwest Quarter of said Section No. Fourteen (14); thence North Three Hundred (300) feet; thence West one -hundred (100) feet; thence South Three Hundred (300) feet; thence East along the North line of Parker Street to the place of beginning. File Number: 2012-00011503 Seq: 3 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, IA 50703, (319) 291-4323. 715 Mulberry Street, Waterloo, RESOLUTION NO. 2014-160 RESOLUTION PS ELFO I�AOF CONTRACT,ARILY V APPROVING ENOF SPECIFICATIONS, COST, ETC., IN CONJUNCTION WITH THE FY 2014 BOAT HOUSE ROOF REPLACEMENT PROJECT. WHEREAS, the City Council of the City of Waterloo, Iowa, sai heretofore instructed the Leisure Servicesat ons Director f contract y to pprepare proposed plans,specific, estimate of cost, etc., in conjunction with the FY 2014 IBoa, House Roof Replacement Project, in the City of Waterloo, and WHEREAS, said Leisure Services Director did file said plans, specconjunctionows, form of contract, estimate of cost, etc., in conjunction with the FY 2014 Boat House Roof Replacement Project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL aOtFonsTHE CITY form OF WATERLOO, IOWA, that said proposed plans,specific, of njunction with the FY 2014 in co contract, estimate of cost, etc., in the City of Waterloo, Boat House Roof Replacement Project, reliminarily approved as Iowa, be, and the same are hereby, p filed. PASSED AND ADOPTED this 3rd day of March, 2014. Ernest G. ATTEST: Suzy Scha es, CMC City Cler ark, ayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-161 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE FY 2014 BOAT HOUSE ROOF REPLACEMENT PROJECT, IN THE CITY OF WATERLOO AS APRIL 7, 2014, AT 5:30 P.M. IN THE LAW COURT THEATER AT THE WATERLOO CENTER FOR THE ARTS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa, shall meet in the Law Court Theater at the Waterloo Center for the Arts in the City of Waterloo, Iowa, at 5:30 p.m. on the 7th day of April, 2014, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, etc., in conjunction with the FY 2014 Boat House Roof Replacement Project, in the City of Waterloo, with the taking of bids therefore. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 3rd day of March, 2014. ATTEST: Suzy Scha City Cler es, CMC nest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: March 3, 2014 Prepared: February 24, 2014 Dept. Head Signature: _ PH # of Attachments: 1 SUBJECT: CHANGE ORDER NO. 1 YOUNG ARENA VIDEO/AUDIO UPGRADES Submitted by: Chris Dolan, Young Arena Manager Recommended City Council Action: To request the City Council to approve and authorize the Mayor to sign Change Order No. 1 (DECREASE) in the amount of Eight Thousand Seven Hundred and Sixty Three dollars and 56/100 ($8,763.56) for work being done by Daktronics Inc. of Brookings, South Dakota for the YOUNG ARENA VIDEO/AUDIO UPGRADES PROJECT. Summary Statement: This deduction is due to a change in the quantity and type of amplifiers used in final installation as compared to original design and bid. Expenditure Required: Base Bid: $715,000.00 Change Order #1 -8,763.56 Total $706,236.44 Source of Funds: This project is being funded by a combination of Gaming funds, Waterloo Black Hawks contributions, and City bond money. Policy Issue: Alternative: Background Information: A copy of the Change Order form is in the Clerk's Office for your review. CITY OF WATERLOO Council Communication City Council Meeting: March 3, 2014 Prepared: February 20, 2014 Dept. Head Signature: Mike Wilson f, # of Attachments: I t-=; SUBJECT: Approval of Change Order #3, in the amount of $22,481.75, for Rehabilitation of Airfield Vault project for Waterloo Regional Airport. Submitted by: Mike Wilson, Airport Director Recommended City Council Action: Approval of Change Order #3 for Rehabilitation of Airfield Vault project. Summary Statement Expenditure Required: $22,481.75 Source of Funds: 90% ($20,233.58) FAA; 10% ($2,248.17) PFC Policy Issue Alternative Background Information: This change order provides for a quantity adjustment on the surface applied hold position signs, provisions for airfield lighting control modifications to include the airport beacon, removal of a concrete sidewalk that was buried below surface at the new airfield vault, connection of power to an existing sign and removal of a manhole near the old airfield vault for the Rehabilitation of Airfield Vault project for Waterloo Regional Airport. This request has been reviewed and approved by FAA. CHANGE ORDER NO. 3 Owner Waterloo Regional Airport, City of Waterloo, Iowa Date January 30, 2014 Project Rehabilitate Airfield Vault Owner's Contract No. FAA AIP Project No. 3-19-0094-40 Contractor K&W Electric Inc. Date of Contract Start August 13, 2012 You are directed to make the following changes in the Contract Documents. Description: Item No. 6 103 104 Description SURFACE APPLIED THERMOPLASTIC HOLDING POSITION SIGN BEACON CONTROLS IN FAA TOWER REMOVE CONCRETE FOR VAULT PARKING AREA Unit SF LS Unit Price LS $36.75 $8,952.00 105 106 CONNECT POWER TO EXISTING SIGN REMOVE EXISTING ELECTRICAL MANHOLE LS LS Change Order Subtotal $475.00 $1,655.00 $2,249.00 Quantity 249 Amount $9,150.75 $8,952.00 Total Amount of Change Order $475.00 $1,655.00 $2,249.00 $22,481.75 $22,481.75 Reason for Change Order: Item 6 — The plan quantity for this item did not include the black outline around the outside edge of the signs. As a result, the quantity needs to be adjusted to include this outline for each sign. Item 103 — During the shop drawing review for the ALCMS system it was determined that the existing beacon controls were not compatible with the new lighting control system. As a result, the beacon controls need to be connected to the computer in the new electrical vault and added to the touch screen controls. This change will result in an additional cost to program the system and install extra conduit, wire, and equipment. This item covers the costs of this additional work. Item 104 — An existing concrete sidewalk slab was uncovered during grading operations around the outside of the new electrical vault. This pavement needs to be removed so final grading and paving can be completed on this project. Item 105 — The existing sign located near the FBO entrance gate was previously powered from the existing lighting vault. When the existing vault was removed the power was cut to this sign. In order to power the sign a new connection will be made to the existing FBO gate. Item 106 — An existing brick electrical manhole is located just outside the old electrical vault building. The manhole is in poor shape and there are concerns that, if left in place, it will collapse. To ensure it does not, the abandoned Rehabilitate Airfield Vault CO -3 Project No — 60275869 1 conduits connected to the manhole will be plugged, the manhole will be removed, and the subsequent hole will be backfilled with soil. CONTRACT PRICE Original: Previous C.O.s (ADD): This C.O. (ADD): Contract Price with all approved Change Orders: $ 889,926.75 $ 865,905.00 $ 1,540.00 $ 22,481.75 CONTRACT TIMES (Calendar Days) To substantial To final completion completion Original: Previous C.O.s (ADD): This C.O. (ADD): REVISED: 270 0 0 270 Original Completion Date: 270 Revised Completion Date: 270 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: By: �`- 771 Engineer (A%thbrized Signature) APPROVED: By: Date Owner (Authorized Signature) Date ACCEPTED: By: Contractor (Authorized Signature) Date Rehabilitate Airfield Vault CO -3 Project No — 60275869 2 CITY OF WA'T'ERLOO Council Communication City Council Meeting: March 3, 2014 Prepared: February 20, 2014 Dept. Head Signature: Mike Wilson 4 # of Attachments:." SUBJECT: Approval of Change Order #4, in the amount of $5,715.00, for Rehabilitation of Airfield Vault project for Waterloo Regional Airport. Submitted by: Mike Wilson, Airport Director Recommended City Council Action: Approval of Change Order #4 for Rehabilitation of Airfield Vault project. Summary Statement Expenditure Required: $5,715.00 Source of Funds: 90% ($5,143.50) FAA; 10% ($571.50) PFC Policy Issue Alternative Background Information: This change order provides for new flood lighting for the Livingston Aviation vehicle parking lot to replace flood lights that were mounted on the old airfield vault, as part of the Rehabilitation of Airfield Vault project for Waterloo Regional Airport. This request has been reviewed and approved by FAA. CHANGE ORDER NO. 4 Owner Waterloo Regional Airport, City of Waterloo, Iowa Date February 4, 2014 Project Rehabilitate Airfield Vault Owner's Contract No. FAA AIP Project No. 3-19-0094-40 Contractor K&W Electric Inc. Date of Contract Start August 13, 2012 You are directed to make the following changes in the Contract Documents. Description: Item No. Description Unit Unit Price Quantity Amount 107 Install Steel Pole and Two Floodlights Near FBO Gate LS $5,715.00 1 $5,715.00 Change Order Subtotal $5,715.00 Total Amount of Change Order $5,715.00 Reason for Change Order: Item 107 — The existing Airfield Lighting Vault had a set of floodlights attached to the exterior of the building that were lighting a nearby parking area. Now that the vault has been demolished this area is no longer lit. In order to re- light this parking area and also add light to the keypad at the FBO gate entrance a new 25' pole with two 250W metal halide fixtures is proposed to be installed. This new item covers all costs associated with this installation of this new pole and fixtures. Rehabilitate Airfield Vault CO -4 Project No — 60275869 1 CONTRACT PRICE Original: $ 865,905.00 Previous C.O.s (ADD): $ 24,021.75 This C.O. (ADD): $ 5,715.00 Contract Price with all approved Change Orders: $ 895,641.75 CONTRACT TIMES (Calendar Days) To substantial To final completion completion Original: Previous C.O.s (ADD): This C.O. (ADD): REVISED: 270 0 0 270 Original Completion Date: 270 Revised Completion Date: 270 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED By: )?< Engineer (Authorized Signature) APPROVED: By: Owner (Authorized Signature) ACCEPTED: By: 6-1< Contractor (Authorized Signature) 27/ 1 /j Dafe Date Date Rehabilitate Airfield Vault CO -4 Project No — 60275869 2 CITY OF WATERLOO Council Communication City Council Meeting: March 3, 2014 Prepared: February 20, 2014 Dept. Head Signature: Mike Wilson # of Attachments: sk SUBJECT: Approval of Change Order #2 in the amount of -$275.75 for Rehabilitation of Taxiway E project for Waterloo Regional Airport. Submitted by: Mike Wilson, Airport Director Recommended City Council Action: Approval of Change Order #2, which decreases the total contract by $275.75, for Rehabilitation of Taxiway E project for Waterloo Regional Airport. Summary Statement Expenditure Required: N/A Source of Funds: N/A Policy Issue Alternative Background Information: This change order includes increases in quantities for Runway and Taxiway Marking, Seeding and Mulching and Airfield Guidance Signs; the deletion of Electrical Manholes and the addition of Electrical Handholes; and the addition of Bituminous Patching for Thermoplastic Signs on the Rehabilitation of Taxiway E project. The net change is a decrease of $275.75 to the total contract amount. This request has been reviewed and approved by FAA. CHANGE ORDER NO. 2 Owner Waterloo Regional Airport, City of Waterloo, Iowa Date February 3, 2014 Project Rehabilitation of Taxiway E Owner's Contract No. FAA AIP Project No. 3-19-0094-41 Contractor Aspro, Inc. Date of Contract Start June 3, 2013 You are directed to make the following changes in the Contract Documents. Description: Reason for Change Order: Item 19 & 20 — In order to create more uniform marking at the end of Runway 30, additional marking will be added to the contract. The proposed marking includes all the threshold marks, the entire threshold bar, the 30 numerals, and the edge stripe on both sides of the runway past the 30 numerals. These marks are all white paint marking with black painted around the outside of each mark. Item 23 — More grassed area was disturbed during construction than previously estimated during plan preparation. After field review of all disturbed areas it was found that an additional 0.6 acres of seeding and mulching needs to be included in the contract. Item 30 & 100 — In order to match what is being done in other projects on the airfield, such as the Rehabilitation of Taxiway B, the contractor is being asked to install electrical handholes in lieu of the electrical manholes shown in the contract documents. These two items are included to provide the price reduction for this change. Item 34 — Three airfield guidance signs are shown to be installed in the plan sheets but only two signs are shown in the quantity list. As a result, one airfield guidance sign needs to be added to the contract. Rehabilitation of Taxiway E CO -2 Project No — 60278510 1 Item No. Description Unit Unit Price Quantity Amount 19 RUNWAY AND TAXIWAY MARKING (WHITE - REFLECTIVE -WATERBORNE) SF $0.55 14,950.0 $8,222.50 20 RUNWAY AND TAXIWAY MARKING (BLACK -NON - REFLECTIVE -WATERBORNE) SF $0.65 2,815.0 $1,829.75 23 SEEDING AND MULCHING AC $3,650.00 0.6 $2,190.00 30 ELECTRICAL MANHOLE EA $9,130.00 (4.0) ($36,520.00) 34 L -858(L) AIRFIELD GUIDANCE SIGN, SIZE 1, 2 MODULE - LED EA $4,150.00 1.0 $4,150.00 100 ELECTRICAL HANDHOLE EA $4,463.00 4.0 $17,852.00 101 BITUMINOUS PATCHING FOR THERMOPLASTIC SIGNS LS $2,000.00 1.0 $2,000.00 Change Order Subtotal ($275.75) Total Amount of Change Order ($275.75) Reason for Change Order: Item 19 & 20 — In order to create more uniform marking at the end of Runway 30, additional marking will be added to the contract. The proposed marking includes all the threshold marks, the entire threshold bar, the 30 numerals, and the edge stripe on both sides of the runway past the 30 numerals. These marks are all white paint marking with black painted around the outside of each mark. Item 23 — More grassed area was disturbed during construction than previously estimated during plan preparation. After field review of all disturbed areas it was found that an additional 0.6 acres of seeding and mulching needs to be included in the contract. Item 30 & 100 — In order to match what is being done in other projects on the airfield, such as the Rehabilitation of Taxiway B, the contractor is being asked to install electrical handholes in lieu of the electrical manholes shown in the contract documents. These two items are included to provide the price reduction for this change. Item 34 — Three airfield guidance signs are shown to be installed in the plan sheets but only two signs are shown in the quantity list. As a result, one airfield guidance sign needs to be added to the contract. Rehabilitation of Taxiway E CO -2 Project No — 60278510 1 Item 101 — There are two locations on Taxiway C where Surface Applied Thermoplastic Holding Position Signs are to be installed but the bituminous pavement is not in acceptable condition to allow the installation. As a result, we are adding this item to the contract to cover the pavement patching that needs to be done prior to the sign application. CONTRACT PRICE CONTRACT TIMES (Calendar Days) To substantial To final completion completion Original: $ 1,083,425.25 Original: 90 Previous C.O.s (ADD): $ 19,237.20 Previous C.O.s (ADD): 21 This C.O. (ADD): $ (275.75) This C.O. (ADD): 0 Contract Price with all REVISED: 111 approved Change Orders: $ 1,102,386.70 Original Completion Date: Aug. 31, 2013 90 Revised Completion Date: Sept. 21, 2013 111 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMME P ED: Engine(Authorized Signature) APPROVED: Date By: Owner (Authorized Signature) Date ACCEPTED: 0;-// ti//3/ Date Con tor (Authorized Signature) Rehabilitation of Taxiway E CO -2 Project No — 60278510 2 CITY OF WATERLOO Council Communication City Council Meeting: March 3, 2014 Prepared: February 20, 2014 Dept. Head Signature: Mike Wilson A/j # of Attachments: it SUBJECT: Approval of Change Order #1 in the amount of $13,440.00 for Rehabilitation of Taxiway B project for Waterloo Regional Airport. Submitted by: Mike Wilson, Airport Director Recommended City Council Action: Approval of Change Order #1 for Rehabilitation of Taxiway B project for Waterloo Regional Airport. Summary Statement Expenditure Required: $13,440.00 Source of Funds: 90% ($12,096) FAA; 10% ($1,344) PFC Policy Issue Alternative Background Information: This change order provides for the installation of a new airfield sign at the "hot spot" where Taxiway B and Taxiway C separate; also included is hydro mulching that was done in lieu of a cover crop last fall as a result of weather on the Rehabilitation of Taxiway B project. This request has been reviewed and approved by FAA. CHANGE ORDER NO. 1 Owner Waterloo Regional Airport, City of Waterloo, Iowa Date January 29, 2014 Project Rehabilitation of Taxiway B Owner's Contract No. FAA AIP Project No. 3-19-0094-42 Contractor Cedar Valley Corm. LLC Date of Contract Start September 3, 2013 You are directed to make the following changes in the Contract Documents. Description: Item No. Description Unit Unit Price Quantity Amount 100 INSTALL AIRFIELD GUIDANCE SIGN, SIZE 2, 3 (THREE) MODULE LS $8,400.00 1.0 $8,400.00 101 HYDROMULCHING AC $3,600.00 1.4 $5,040.00 Change Order Subtotal $13,440.00 Total Amount of Change Order $13,440.00 Reason for Change Order: Item No. 100 - The intersection of Taxiway B and Taxiway C at the Waterloo Regional Airport was previously defined as a hot spot and had been discussed at the latest RSAT meeting. In an effort to improve aircraft movements at this location a new size 2, 3 module airfield guidance sign will be installed at this intersection as shown on the attached drawing. It is anticipated this sign will assist in directing pilots to the ends of Runway 12 and Runway 18, making ground movements clearer for airfield users. As part of this sign installation, the contractor will also remove the Runway 12 identifier on the back of Sign S-34. The existing panels will be replaced with blank panels to ensure there is no confusion between the two signs. Item No. 101 — Final grading of the project area was not carried out until late November and early December. As a result, it was too late in the year to plant a Stabilizing Crop. In order to stabilize the disturbed areas until seeding can be accomplished, as required in the Pollution Prevention Plan; hydrotnulching will be carried out. Rehabilitation of Taxiway B CO -1 Project No — 60305837 1 CONTRACT PRICE Original: Previous C.O.s (ADD): This C.O. (ADD): Contract Price with all approved Change Orders: $ 592,527.40 $ $ 605,967.40 0.00 13,440.00 CONTRACT TIMES (Calendar Days) To final completion Original: Previous C.O.s (ADD): This C.O. (ADD): REVISED: To substantial completion 90 0 10 100 Original Completion Date: Dec. 2, 2013 90 Revised Completion Date: Dec. 12, 2013 100 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: B s/9rii Engineer (� , orized Signature) ate APPROVED: By: Owner (Authorized Signature) ACCEPT By: Contractor Authorized Signature) Date Date Rehabilitation of Taxiway B CO -1 Project No — 60305837 2 REPLACE L-624 E C CABLE EN FIXTURES INC CONDUIT 24' 2 I/4' PER FT. BEVE1 3' TYP. L3. TYP. WIRE MESH 6x6-10/10 •4 BARS AT 8.'CENTE8 TO CENTER BOTH WAYS. rimr9mom • Hua • ••••• 3' CLEAR ( Y'. EAR PJ SIGN BASE PLAN NOT TO SCALE APPLY A BEAD OF SILICON SEAL COMPLETELY AROUND STEM AT BREAKABLE COUPLING TO PRODUCE A WATERTIGHT SEAL PROVIDE I/4' GROOVE N FLANGE FOR DRAINAGE.IF SPACE AROUND CONNECTOR DOES NOT PROVIDE SUFFICIENT DRAINAGE. GROUND WIRE.'6 AWG. BARE COPPER 3' TYP.--� SIGN TETHER 5/8.0 SAFETY GROUND ROD COPPERWELD 24' NOTES I L-858 SIGN L SEE CATION TYPE, SIZESSTYLE IA DR CLASS 2' 2. MANUFACNIUIRER SI86GU11REMENTSS PER STAINLESS STEEL BOLTS EMBEDDED A MINIMUM OF 2'N CONCRETE EDGE OF FACE OF SIGN )LOCATE PONT) SEE PLAN SHEET 23A FOR SIGN LOCATION I/2' EXPANSION JOINT FILLER MATERIAL ID' SEE DETAIL A PROVIDE 3 FEET MIN.OF SLACK IN EACH CABLE TO PERMIT TRANSFORMERS CONNECTION ABOVE GRADE a. STEEL COVER PLATE SUNLESS STEEL COVER BOLTS SLOPE TO URAN AWAY FROM L-867 BASE FINISHED GRADE -CONCRETE BACKPLI. 4' MIN. P-610 STRUCTURAL CONCRETE INTERNAL GROUND LUG G80UD WIRE.'6 AWG BARE COPPER CONNECTED TO INTERNAL GROUND LUG L 830 TRANSFORMER. 5IZE AS REQUIRED BY SIGN MANUFACTURER (/41.5K0.1.624 TYPE C CABLE 12.P-610 STRUCTURAL ONCRETE '4 a 6'CENTERS EACH WAY COMPACT CONDUIT TRENCH TO ORIGINAL CONDITION 2' CONO(AT (NO EXPOSED VOWS ABOVE OR BELOW GRAOEI SPECIAL ORDER LENGTH SECONDARY EXTENSION W/CLA55 A CONNECTOR (MALE & FEMALEIANO }/q'DIA. WEEP HOLE 1.6 GREEN NSULATED GROUD. TIE GROUND TO SIGN AND INTERNAL GROUND LUG AT 1-867 BASE. 4101*. 0 2' DEEP FILLED WITH PEA GRAVEL LINED WITH FILTER FABRIC COLOR COOED TAPE FOR TIME IDENTIFICATION LOCATED WITHIN 6'0F 1-823 CONNECTOR $IGN - MULTIPLE PEDESTAL NOT TO SCALE YELLOW BLACK ARROWS BLACK MESSAGE DIVIDER BACKGROUND AND NUMERALS 60' 60' 2' BREAKABLE COUPLING LOCATED 1-1/2' MAXIMUM ABOVE THE TOP FLANGE OF THE EXTENSOR 44/— L-823 CONNECTOR COVER FOR 1-867 BASE LOCK WASHER AND SUNLESS STEEL BOLT 3' DEEP CAVITY N SLAB 6' DIA. MIN. OR LARGER IF REQUIRED 6111 301 SCAALE SECONDARY LEAD WITH CLASS A CONNECTOR (MALE & FEMALE) NEOPRENE GASKET STAINLESS STEEL BOLT HEAD EMBEDDED IN CONCRETE 3 -MODULE SIZE 2 SIGN NOT TO SCALE BREAKABLE COUPLING LOCATED I-1/2' MAO.ABOVE COVER. MANUFACTURER SHALL PROVIDE AT LEAST A 1/4' DIA. OPENING OR EQUAL FOR DRAINAGE INTO L-867 BASE. COUPLING SHALL NOT BE SUPPLIED WITH WEEP HOLES TO THE OUTSIDE. GROUND WIRE.'6 AWG BARE COPPER STAINLESS STEEL COVER BOLTS P1815HE0 GRADE COLOR CODED TAPE FOR WIRE IDENTIFICATION LOCATED MINN 6'0F 1-823 CONNECTOR I/C.5NV L-824 TYPE C CABLE IN DUCT 18' BELOW GRADE 5/8.1( SAFETY GROUND ROD. COPPERWELD PLUG IN510E ENTRY WITH DUCT SEAL 3/4' DIA. WEEP HOLE --5/8.0 8.-0.1414. SAFETY GROUND ROU. COPPERWELD L-867 BASE IQ NEW SHEET GENERAL NOTES 1. SEE LIGHTING LAYOUT SHEET FOR SIGN LOCATION. 2. SEE GUIDANCE SIGN LEGEND TABLES FOR 510N LEGENO,TYPE. SIZE STYLE AND CLASS. 3. APPLY 'NEVER-SEEZ'08 APPROVED EOUAL TO ALL THREADED BOLTS AND CONNECTIONS. 4. COLOR CODED WIRE IDENTPICATION TAPE AS FOLLOWS(WHEN FACING LIGHT WITH BACK TO PAVEMENT. CABLE TO THE LEFT I5 CODED RED AND CABLE TO THE RIGHT IS CODED BLUE. 5. NON-METALLIC COMPONENTS IN LOW( FIXTURE STEMS. BREAKABLE COUPLING AD BASES ARE NOT PERMITTED. 6. ALL SIGNS SHALL 8E GROUNDED USING '6 AWG BARE COPPER WIRE AND A 5/8' 0 8'-0' GROUND ROU. APPLY A BEAU OF SILICON SEAL COMPLETELY AROUND SIGN STEM AT BREAKABLE COUPLING TO PRODUCE A WATERTIGHT SEAL. PROVIDE 3 FEET MN.OF SLACK IN EACH PRIMARY CABLE TO PERMIT TRANSFORMER CONNECTION ABOVE GRADE SLOPE TO DRAIN AWAY FROM SIGN INTERNAL GROUND LUG GROUND WIRE.'6 AWG BARE COPPER CONNECTED TO INTERNAL GROUND LUG CONCRETE BACKFILL. 4' MIN. P-610 STRUCTURAL CONCRETE L-830 TRANSFORMER. SIZE A5 REQUIRED BY SIGN MANUFACTURER /C •8 BARE SOLID TIME /8'0 8'-0' G80UND ROO I' DIA. 0 2' DEEP FILLED WITH PEA GRAVEL LINED WITH FILTER FABRIC SIGN - 1-823 CONNECTORS. WRAP WITH HIGH-VOLTAGE RUBBER APE AND COVER WITH 2 LAYERS OF VINYL PRESSURE SENSITIVE TAPE ONE-HALF LAPPED. SINGLE PEDESTAL NOT TO SCALE 41 1 9 E K G 6t GS is O GUIDANCE SIGN DETAILS 058IL 8. 2013 PA01E0T 60180996 SNEEI H0 °HAWING 1N 28A Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON YELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Strt;et • Waterloo, IA 50703 • (3 9) 291-4323 Fax (319) 291-4571 SUZY SCHARES • City Clerk MICHELLE \VEI[)NER, CPA • Chief Financial Officer • Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: February 10, 2014 February 6, 2014, :.„?.:11te.Zet�Citi �ti'Zvi None SUBJECT: Set Hearing Date for FYE2015 Budget Submitted by: Michelle Weidner, CFO Recommended City Council Action: Set the date of hearing for the FYE2015 budget for Monday, March 3 at 5:30 p.m. at the regularly scheduled Council meeting. Summary Statement: The budget is required to be adopted and certified by March 17, 2014. The budget estimate must be published in the paper 10-20 days prior to the budget hearing. Expenditure Required: Source of Funds: Policy Issue: expenditures s for FYE2015. None None Establishing the tax levy rate and program Alternative: If the budget isn't certified by March 17, 2013, the levy rate currently in effect continues to be used. There would likely be an audit finding regarding noncompliance with the budget deadlines also. Background Information: None CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1429404 FY2015 BUDGET notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 02/17/2014, in the issues of 02/17/2014 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $115.19 it Sign o Subscribed and sworn to before me this day of Fdocacti Li , at4 e i JODI E MCKINSTRY 44 COMMISSION NO.782413 MY COMMISSION EXPIRES r Notary Public Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: COURIER Form 631.1 NOTICE OF F BUDGEnow what happens, FISCAL YEAR BEGINNING when it happens. City of The City Council will conduct a public hearing o on 3/3/2014 The Budget Estimate Summary of proposed receip Copies of the the detailed proposed Budget may b City Clerk, and at the Library. The estimated Total tax levy rate per $1000 valuati The estimated tax levy rate per $1000 valuation on At the public hearing, any resident or taxpayer may any part of the proposed budget. (319) 291-4323 phone number .. :•::• :•:•ext Alerts Revenues & Other Financinq Sources Taxes Levied on Property Less: Uncollected Property Taxes -Levy Year Net Current Property Taxes Delinquent Property Taxes TIF Revenues Other City Taxes Licenses & Permits Use of Money and Property Intergovernmental Charges for Services 've got you ..©vexed. Special Assessments Miscellaneous Other Financing Sources l otal Revenues and Other Sources Expenditures & Other Financing Uses Public Safety Public Works Health and Social Services Culture and Recreation Community and Economic Development General Government Debt Service d carrier message and ea apply, iMtrktg �msassage aupt ma d ayaxenL 5 not required for e. Text STOP to cancel. AP for help. Mobile 1 1 2 2 2 2 3 Capital Projects WEATHER Total Government Activities Expenditures Business Type / Enterprises i otal ALL Expenditures Transfers Out Total Expenditures/Transfers Out Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Continuing Appropriation Beginning Fund Balance July 1 Ending Fund Balance June 30 Hi Lo OHk 'co City 77 " 42 :.clr treal 14 3 sn ;ow 35 33 cdy bi 77 62 rn au 79 65 rn Delhi 66 42 clr 42 28 rn ma 91 78 clr 53 41 m �e 44 35 m 66 47 clr a00 85 55 pc Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-162 RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2015. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the annual budget for the Fiscal Year ending June 30, 2015, as set forth in the Budget Summary Certificate in the detailed budget in support thereof showing the revenue estimates and appropriation, expenditures and allocations to programs for said fiscal year is adopted, with a levy rate of $17.95158 and total property tax askings of $40,887.710.00, and the City Clerk is directed to make the filings required by law and to set up her books in accordance with the summary and details as adopted. PASSED AND ADOPTED this 3rd day of March, 2014, by the following vote: Ayes: Four. Nays: Three (Morrissey, Welper, Hart). est g,l(tie./ . lark, Mayor ATTEST: Suzy Sc ares, CMC City Cle k SUZY SCHARES From: MICHELLE WESTPHAL Sent: Monday, March 03, 2014 10:35 AM To: MAYOR CLARK; SUZY SCHARES Subject: Budget Comment 226-9811, Lawrence Wheeler. He opposes the City giving MET Transit any funding. Says they need to raise their rates as their last rate increase was in 2001. Lawrence stated, "Those second-class citizens need to pay their fair share and quit burdening the taxpayers". Michelle "Westphal Executive Secretary to the Mayor City of "Waterloo, Iowa 715 lvtulberry Street "Waterloo, IA 50703 (319) 291-4301 mayor@waterfoo-ia.org 1 SUZY SCHARES From: Q Personal <ghart@mchsi.com> Sent: Monday, March 03, 2014 6:25 AM To: SUZY SCHARES Subject: Fwd: 2014-2015 Budget FYI Q Sent from my iPhone Begin forwarded message: From: "Erl Schmiesing" <schmiesingl@mchsi.com> Date: March 1, 2014 at 11:12:14 AM CST To: <councilmanhart@mediacombb.net> Subject: 2014-2015 Budget Quentin, Just a short note about Mondays vote on the budget. I don't envy any of you on the council having to make tough decisions regarding management of the city. Of course, the easy thing for the Mayor and Council would be not to rock the boat, just go along to get along. Our police and fire staff probably have about the best total compensation package of anyone in Waterloo with similar qualifications. Their 411 retirement package is a Cadillac plan allowing and encouraging early retirement with enough time left to qualify for social security or IPERS in addition to the lifetime benefit from the 411. The health, dental and vision coverage should be considered a Mercedes plan. Both retirement and health insurance are very hard on the budget. All we hear from the Mayor and his team about this cost is "there's nothing we can do about it". I really question this but if they can't or are unwilling then the only option other than going back to the taxpayers is to reduce staff. To me it's not about my taxes, I can afford a little more. It's about a Mayor and his supporters that are unwilling to seriously look for efficiencies in their operations. Looking for better and less expensive ways to provide necessary city service's should be part of daily life for city management not just at budget time. BTW- I just discovered that most city employees can retire at age 55 and stay on the city subsidized insurance plan for up to 10 years (age 65). Is that also a state or Federal law? How much does that cost the city? Are there other departments that really need more funding but police and fire are sucking up any excess that could be used somewhere else or for a rainy day fund for frozen pipes. BTW2- Talk about efficiency. Cedar fall operates their city with 5.5 employees per 1000 population, Waterloo requires 7.5 employees per 1000. It also appears that Waterloos health insurance cost is 40 to 50 % higher than Cedar Falls. Thank you for your consideration. Erl Schmiesing 315 Derbyshire Rd. Waterloo, IA. 50701 1 SUZY SCHARES From: 0 Personal <ghart@mchsi.com> Sent: Monday, March 03, 2014 6:23 AM To: SUZY SCHARES Subject: Fwd: Pay for Performance Program needed for Dept Heads FYI Q Sent from my iPhone Begin forwarded message: From: G.M.Jeri Thornsberry <ngthornsberry@msn.com> Date: March 2, 2014 at 1:26:49 PM CST To: Cole Carolyn <Carolyn.cole@vgm.com>, QUENTIN HART <councilmanhart@mediacombb.net>, Jones David <david jones.wardl@gmail.com>, tomlindcitycouncil@gmail.com, pjfm59 !,mchsi.com, Steve Schmitt <sschmitt@schmitthouse.com>, ronwelper@gmail.com Cc: MAYOR BUCK CLARK <buck.clark@waterloo-ia.org> Subject: Pay for Performance Program needed for Dept Heads Good Afternoon All, I will be out of town on Monday, so I write each of you to voice my thoughts regarding the upcoming council meeting being held for public input as to the structure of the proposed city budget. I am of the opinion that the council is neglecting a most important management technique that has a direct bearing upon the city's budget and consequently each citizen's taxes. That management technique is 'Pay for Performance' within the city administration. It is time to implement a "Pay for Performance" program for those exempt employees using some form of 'Management by Objectives' as the driving force behind determining who has done what, within a given time from and most importantly, within certain budgetary constraints. Citizens should be comfortable in knowing that those in charge of city services, of all kinds, are performing at a good and high level that can be measured, is transparent and is rewarded commensurate with how the exempt employee's team or the Department Head personally has met mutually agreed objectives. Increases in pay and subsequently benefits paid by my tax dollars need to be earned—not just automatically awarded. I have inquired about implementing performance reviews over five years ago and I am not aware of any action that has been started to move in this direction. If you have adopted such a program, please let me know. Cedar Falls uses an evaluation program for their Department Heads. Have a look at theirs, modify if needed and then implement. And for those who continually say that we need to pay our employees a comparable wage or they will leave their jobs, I say, as the City is creating an ever-increasing burden on the taxpayers of Waterloo, we should wish those that choose to leave good luck in their new job search. There will be others who will gladly take their vacated position. i Those of us with experience in the world of profit and loss know that decisions concerning perfafmance should not be personal but rather based upon substantiated, objective and fair results. These are just tough decisions taken to protect the overall health of a business. This is no Tess true for a governmental entity than it is for a commercial enterprise. These are my words. Thank you for your service. Jeri G. M. "Jeri" Thornsberry 319-235-0704 2 SUZY SCHARES From: qhart@mchsi.com Sent: Friday, February 21, 2014 4:51 PM To: SUZY SCHARES Subject: Fwd: Council Action Please place on file exactly as this is written. In regards to the public comments for budget meetings. Quentin Forwarded Message From: carole50702@mchsi.com To: LindaLienhard@gmail.com, amygustafson669@hotmail.com, jbrown@k-welectric.com, mmkc@mchsi.com, JDEENG@LPCTEL.NET, "Kim Veeder" <kveeder@co.black-hawk.ia.us>, "Daniel Trelka" <trelkad@waterloopolice.com>, "Dearl Thomas" <Mikeee555@yahoo.com>, "Renae Terry" <ret7861@yahoo.com>, "Ron & Carol Sullivan" <RCMBRS@AOL.com>, "J Sullivan" <sullivanj@waterloopolice.com>, "spookybear86" <spookybear86@gmail.com>, "Alice Schneider" <aschneider1928@gmail.com>, "Steve Schmitt" <sschmitt@schmitthouse.com>, "Dawn & Dennis Schmidt" <smity223@mchsi.com>, "Sallymyers" <Sallymyers@mchsi.com>, "Jim & Sharon Saddoris" <saddoris@q.com>, "KEN AND MARCIA ROTTINGHAUS" <purpleviolets@q.com>, "Terry & Dave Roeder" <terryanddave@hotmail.com>, "Cheryl Roberts" <cherianne86@gmail.com>, "Mark Nissen" <nissenm@a waterloopolice.com>, "Steve Murphy" <smurphy@mchsi.com>, "Todd & Stacie Mills" <staciejm@mchsi.com>, "Todd Mills" <MillsToddJ@JohnDeere.com>, "Stacie Mills" <staciejm@mchsi.com>, "COUNCIL MEMBERS" <COUNCILMEMBERS@WATERLOO-IA.ORG>, "Sue Mccuniff' <suemccunniff@hotmail.com>, "Nancy McClain" <nmcclain@mchsi.com>, "KATHRYN MAHONEY" <kimahoney5246@msn.com>, "Al & Gloria Little" <glolittle@gmail.com>, "Joe Liebold" <leiboldj@waterloopolice.com>, "leiboldj" <leiboldj@waterloopolice.com>, "Karen & Terry Koeneke" <KarenKoeneke@gmail.com>, "Del Johnson" <DJRanchoRelaxo@aol.com>, "John Reverand Heidt" <heidtjohn@zionluthwaterloo.com>, "Quentin Hart" <quentin.hart@hawkeyecollege.edu>, "Gail Hadley" <hadleygm2@hotmail.com>, "Carol Gustafson" <Gustie12@aol.com>, "Bob Greenwood" <Rigrx@aol.com>, "greenleer" <greenleer@waterloopolice.com>, "PERRY GOODMAN" <PERRY.GOODMAN@WATERLOO- IA.ORG>, "Bonnie Gates" <bbelleg71 @yahoo.com>, "Maureen Garlich" <maureen 50701@yahoo.com>, "Eileen Fry" <kefclem@q com>, "Mark Fraune" <markfrau@msn.com>, "Bob & Rose Mary Franune" <rose-n- bob@outlook.com>, "electrinity" <electrinity@hotmail.com>, "Steven Eilers" <StevenJ.Eilers@yahoo.com>, "Jan Dzuris" <jdzuris@mchsi.com>, "Duane & Sharon Durnin" <missincaliO4@mchsi.com>, "David Denning" <hoss1007@mchsi.com>, "Beth Cox" <bethcox1979@gmail.com>, "Mary Cook" <Jamcoloo@aol.com>, "MAYOR CLARK" <BUCK.CLARK@WATERLOO-IA.ORG>, "Jim & Judy Ciesillski" <BigC37C@mchsi.com>, "Jim Christensen" <bmxChamp88@vahoo.com>, "Jim & Donna Chapman" <JCHA551523@aol.com>, "Jerry Chapman" <JerryLChapman@hotmail.com>, "Joanna Brown" <jbrown@k- welectric.com>, "Rachelle Briden" <helleann@myway.com>, "Diane Boyle" <M.Boyle@mchsi.com>, "Dave Bowling" <1860director@hy-vee.com>, "Bryan & Sara Bartram" <saraleebartram@msn.com>, "Lorraine Axtell" <Lorria02@aol.com>, "amy" <amy.gustafson669@hotmail.com>, "Elaine Amundson" <EAMUNDSON@CVCC.net>, "1860director" <1860director@hy-vee.com> Sent: Friday, February 21, 2014 1:05:57 PM GMT -06:00 US/Canada Central Subject: Fwd: Council Action i Forwarded Message From: "Joe Leibold" <leiboldj@waterloopolice.com> To: carole50702(a�mchsi.com Sent: Thursday, February 20, 2014 10:25:21 AM GMT -06:00 US/Canada Central Subject: Council Action Carole I am sure you have seen the Waterloo Courier by now and are aware the police department may be reduced by 2 officers. What I want to make you aware off is in July of 2013 or staffing was 125 sworn officers, the majority of which are on patrol. At these levels we are able to respond to neighborhood concerns in a quick and efficient manner, like our response to District 53 (your neighborhood) and W10 (Church Row) , and we reduced crime. We were quietly reduced to 12 4 officers in the fall of 2013 and it looks like we may face additional reductions after July of 201 4, see the Courier article. I am not going to tell you that this reduction will or will not impact your neighborhood, that remains to be seen. My belief and history indicates that Waterloo Crime will increase with this reduction but again that is only a predication based 011 past indicators. I am only contacting you because I know your group has had meetings with a variety of elected officials who I am certain told you they would keep public safety their priority. If you are so inclined we would appreciate it if you or members of your group could remind these council people of that promise. Mayor Clark has public stated he opposes these cuts but he is not a voting member of the Council. Thanks , and if you have any questions let me know. http://www.ci.waterloo.ia.us/citycouncil Joe 2 dterloo \off Mayor BUCK CLARK COUNCI L MEMBERS •N•NH• DAVID JONES Ward 1 CAROLYN COLE Ward 2 PATRICK MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA • WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 2/10/14 Prepared: 03/03/14/14 Dept. Head Signature: # of Attachments: SUBJECT: Change order for Contract 849, No Name Creek Interceptor Sewer Submitted by: Larry N. Smith, WMS Superintendent Recommended City Council Action: due to unforeseen discovery of bedrock where the contractor was going to bore, this project would be cheaper to open trench cut rather to continue trying to bore which would double the cost. Change order is for $120,000 increase. Summary Statement original project cost $750,000. This change order is for an increase of $120,000.00. The next lowest bid was $1,300,000.00. Expenditure Required Source of Funds Sewer bond Policy Issue Alternative WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Acton Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-164 Allamakee Black Hawk Bremer Butler Chickasaw Grundy Hardin Howard Poweshiek Tama Winneshiek 1 Tim Neil Pat Treloar John Miller Barbara Smith Tom Heidenwirth Rick Holthaus Kip Ladage Darrell Knecht Lorie Glover Mitch Nordmeyer Kendall Jordan Lyle Jeske Mark Kuhn Josh Heller Bruce Goetsch Chris Heerkes Kip Ladage Mitch Nordmeyer Mike Schipper NORTHEAST IOWA RESPONSE GROUP 425 East Third Waterloo, Iowa 50703 Phone 800-291-4682 • Fax 319-291-4285 email: hnurtc@waterloo-ia.org Northeast Iowa Response Group Meeting Minutes January 9, 2014 Bremer County Supervisor Waterloo Fire Rescue Black Hawk County Grundy County Supervisor Butler County Supervisor Chickasaw County Supervisor Bremer County EMA Howard County EMA Black Hawk County EMA Butler County EMA Tama County Supervisor Hardin County Winneshiek County Supervisor Waterloo Fire Rescue Winneshiek County EMA Grundy County EMA Bremer County EMA Butler County EMA Waterloo Fire/HMRTC Meeting called to order at 1:02 pm. Roll call taken. Motion made by John Miller to approve the minutes of the last meeting. Seconded by Barbara Smith. Motion Carried. Motion made by Kendall Jordan to approve the Treasurer's Report. Seconded by Tim Neil. Motion Carried. Motion made by Darrell Knecht to approve the agenda as presented. Seconded by Rick Holthaus. Motion Carried. Northeast Iowa Response Group Meeting Minutes — Page 2 January 9, 2014 The next meeting of the Northeast Iowa Response Group will be held at 1:00 p.m. on March 6, 2014 at the Hazardous Materials Regional Training Center, Waterloo, Iowa. Submission of Bills for payment: US Cellular $51.70; Covenant Clinic $1292.00; and Napa Auto Parts $29.07. Motion made by Rick Holthaus to approve bills for payment. Seconded by Tim Neil. Motion Carried. Unfinished Business 1. Training Update — Classes are going well. Still scheduling some. There are some changes being made to CDL's and we are looking at how it will affect the semi drivers. Mike Schipper would like to request funding for the trip the UNI Science Lab as well as to Tyson Foods. These are both walk throughs for pre planning purposes. Discussion began about the benefits to doing these. Should we be charging the companies for this? Most felt that charging the company wouldn't be productive unless they were receiving some sort of benefit from them. Motion made by Lyle Jeske to allow the walk throughs not to exceed $1600.00 Mike Schipper asked about the Gant for next year. Tama County will have the next grant cycle. Training will be the same. 2 Equipment Update — WMD more equipment on the state wide accountability system. Kip Ladage come to the board with information on the Emergency Unloading Valve for offloading overturned trailers. Mike Schipper stated that he'd like to do more research on it before they would ask the board for funding. The cost of the valve is $1449.00; ball valve is $132.00 and the Coupling is $56.00. Josh Helier mentioned that we are more of a plugging/stopping but we haven't off loaded. Do we want to go to the next step of offloading? 3. Billing Change Update — City Attorney does have the 28E. Discussion is being made on not having an end date to the 28E. General idea of payment will go to county. Pat Brockway asked the group if there had been any further thought on getting a Federal ID number so that the group could get a credit card. Chief Treloar Northeast Iowa Response Group Meeting Minutes — Page 3 January 9, 2014 reminded the group that the City will not allow us to utilize their credit card for Response Group purposes. Motion made by John Miller to allow Pat Brockway to go to Lincoln Savings bank and pursue a federal id# and whatever will be needed to create an account for a NIRG credit card. Seconded by Lyle Jeske. Motion Carried. New Business 1. Haz Mat Incidents — No major incidents however, Josh Heller reported on a Kleenex box at Sartori Hosital that was full of a powdery substance. Kip Ladage reported on two manure spills in Bremer County. 2. Equipment — Request made by Mike Schipper to purchase one (1) Crop Protection handbook @ $104.00. Josh Heller requested Two (2) 02 sensor for the BW @ $300.00; One (1) 02 sensor for the RAE $130.00; One (1) RKI CO sensor $150.00. For a total cost of $684.00. Motion made by Darrell Knecht to allow the purchases listed. Seconded by Mark Kuhn. Motion Carried. 3. Vote for Vice Chair — Rick Holthaus made motion to retain time Neil as Vice Chairperson. Mark Kuhn seconded. Tom Heindenwirth made motion that nominations cease. Seconded by John Miller. Motion Carried. Motion to retain Tim Neil as Vice Person Carried. 4. Budget FY 2015 — A preliminary budget was handed out to the group. Motion made by Barbara Smith to set date and time for a public meeting as March 6, 2014 at 1 pm. Seconded by Tim Neil. Motion Carried. John Miller stated that he wanted to look at setting a level on reserve and what upcoming expenses we have, etc. Motion to adjourn at 2:14 pm. 261 At the regular meeting of the Board of Waterloo Water Works Trustees, held Wednesday, February 19, 2014, there were present Terry M. Kuntz, Chairman; and Mary H. Potter, Trustee. Also in attendance: Ron Welper, Waterloo City Council Member; Rick Wilberding, Distribution Department Manager; and Dennis Clark, General Manager and Secretary. Scott Wienands, Trustee, was absent. Terry Kuntz called the meeting to order at 8:00 a.m. The Board approved to adopt the agenda. The minutes of the regular meeting of January 22, 2014, were approved as read. Upon motion, passed, the following Bills Resolution was adopted. BE IT RESOLVED BY THE BOARD OF WATER WORKS TRUSTEES OF THE CITY OF WATERLOO, IOWA: That the bills listed below for which warrants against the funds designated, have been issued in payment, are found to be correct, and the acts of the Secretary in issuing and delivering said warrants are hereby ratified and approved. JANUARY 31, 2014 GENERAL FUND 50278 Assurant Employee Benefits Dental and disability insurance 50279 Electronic Engineering Monthly vehicle tracking service 50280 Frickson Bros. Excavating 50281 Michael Gustafson 50282 Iowa Public Employees Retirement System 50283 Tim Ovel 50284 Napa Auto Parts 50285 Rochester Armored Car Co. 50286 Storey Kenworthy 50287 Wellmark Blue Cross Blue Shield 50288 Rick Wilberding 50289 Farmers State Bank 50290 Voided 50291 ING Life Insurance 50292 Lincoln Financial Group 50293 Public Employees Credit Union credit union 50294 Charles Schwab Institutional Authorized payroll deduction for employee pension contribution 50295 Cedar Valley United Way Authorized payroll deduction for United Way EFT US Department of Treasurer Federal withholding tax 50296 Black Hawk Waste Disposal Waste disposal 50297 Campbell Supply Traffic cones 50298 City of Waterloo Balance of sewer and garbage deposits due to city 50299 Iowa Municipalities Workers' Workers' compensation insurance Compensation Association 50300 Anne Sergeant Overpayment on account 50301 Richard Strottman Overpayment on account Water main repairs on Progress Avenue and W. Dunkerton Road Reimbursement for uniform cost IPERS for 15 employees 6,726.27 329.45 2,187.50 49.50 10,108.90 M. D. refund Tie down straps for John Deere garden tractor and new battery for unit #4 Armored car service Small office supplies, toner, copying machine paper, colored paper and restroom towels Medical insurance 100.00 136.29 242.98 414.00 37,207.30 Reimbursement for AWWA 1,283.96 Conference registration and travel expense Certificate of Deposit Authorized payroll deduction for deferred compensation Authorized payroll deduction for deferred compensation Authorized payroll deduction for 100,000.00 0.00 3,563.00 40.00 4,547.50 2,242.41 116.50 24,752.06 94.00 1,051.10 285.00 8,706.00 67.06 137.69 262 50302 Lockard Construction 50303 Eddie E. Young, Jr. 50304 Jessica Cutsforth 50305 Red Cactus Capital LLC 50306 Amber Thiese 50307 JLC Management LLC 50308 Jamie Padden 50309 Cody J. Funk 50310 Nicole Hatch 50311 Tiffany Caruso 50312 Nichole R. Kuntz 50313 Krystal Monroe 50314 Leslie L. Moore 50315 St. Vincent DePaul 50316 Victoria Barker 50317 Ryan Carlz 50318 Whitney Lamb 50319 Kyle M. Peters 50320 Kayla Green 50321 Steve Kerns 50322 Travis Larson 50323 Napa Auto Parts Overpayment on final bill It it {l It M. D. & U. D. refund N It Overpayment on final bill Reimbursement for cell phone Reimbursement for cell phone Additive for diesel fuel and gasoline 50324 Radio Communications Monthly access fee and pager rental 50325 Charles Schwab Institutional Litigation refund payment to pension fund 50326 Secretary of State Notary renewal, B. Volker 50327 Sew Fine Upholstery LLC Repaired plastic window on John Deere garden tractor 50328 UnityPoint Clinic CDL drug testing 50329 Van Wert, Inc. Meter reading service 50330 Rick Wilberding Reimbursement for cell phone 50331 Waterloo Water Works Reimbursement for Kimball South billing and reimbursed petty cash for diesel and gasoline additive Ice melt 50332 Airgas USA, LLC 50333 Allen Memorial Hospital 50334 Aramark Uniform Services 50335 AWWA 50336 Black Hawk County Auditor 50337 Black Hawk County Treasurer, MIS 50338 City of Raymond 50339 City of Waterloo 50340 Ferguson Enterprises, Inc. 50341 Goodyear Commercial Tire 50342 Hogan & Hansen 50343 Iowa One Call 50344 Alex Seemann 50345 Tamara Broell 50346 Shalen House 50347 James A. Smith 50348 William Burt 50349 Adam & Sarah Klemm 50350 Kwik Trip, Inc. 50351 Menards 50352 Swisher & Cohrt, P.L.C. 50353 TestAmerica Laboratories 50354 U.S. Cellular 50355 Wes -Garde Components 50356 Wheaton Franciscan Healthcare CDL drug testing Towel service 261.40 58.06 37.69 32.38 67.82 153.19 9.78 47.53 54.72 72.42 31.21 4.83 75.00 5.88 5.28 16.41 16.81 58.32 71.52 50.00 50.00 253.17 154.00 78.30 30.00 15.00 37.00 5,224.70 50.00 126.86 1,187.46 26.00 328.51 Membership renewal, D. Cunningham 86.00 Water and sewer bond fees 41,435.38 Data processing for December 6,800.33 Sewer, garbage and yard waste fees 19,987.94 Sewer, garbage and storm water 1,191,906.71 New toilet flush valve at pumping 127.24 station New front tires on unit #20 Payroll services One Call service M. D. & U. D. refund {f 14 {I Fuel for vehicles Kitchen supplies and small fittings Legal services Water sampling Monthly fee for GPS hot spot Switches for meter room tapping machines Drug counseling services 654.00 387.60 218.10 105.00 30.45 72.42 48.60 72.42 54.60 4,797.37 82.28 37.00 20.00 85.85 90.00 691.00 50357 Wilson Restaurant Supply 50358 Waterloo Water Works EFT State of Iowa Treasurer 50359 ING Life Insurance 50360 Lincoln Financial Group 50361 Public Employees Credit Union credit union 50362 'Charles Schwab Institutional Authorized payroll deduction for employee pension contribution Authorized payroll deduction for union dues Reimbursed petty cash for g hoses for hydrants EFT US Department of Treasurer Federal withholding tax Janitorial services Fill sand and roadstone Service Advertisement in phonebook New tires and alignment on unit #17 Assisted with frozen water service line repair on John Street Jury duty Repaired water service line at 71 Franklin Boiler inspections Thermometer to check water temperature at dead-end water mains Reimbursement of city service fees Sales tax Authorized payroll deduction for deferred compensation Authorized payroll deduction for deferred compensation Authorized payroll deduction for 50363 Teamsters Local Union #238 50364 Waterloo Water Works 50365 ABM Janitorial 50366 BMC Aggregates, L.C. 50367 CenturyLink 50368 Dex Media East, Inc. 50369 Fifth Street Tire, Inc. 50370 Frickson Bros. Excavating 50371 Jamie Holtzman 50372 Hudson Hardware Plumbing & Heating 50373 Iowa Division of Labor Services 50374 CV Property 50375 Ronald D. Brown 50376 Randall Lowe 50377 Calvin J. Pickerill 50378 Brian M. Gabel 50379 Judith Smith-Wrage I 50380 L R S Healthcare 50381 Elliott Hofts 50382 Splash, Inc. 50383 K & W Electric 50384 Steve Kerns 50385 Keystone Laboratories 50386 Locksperts, Inc. 50387 Nilles Associates 50388 Matt Parrott/Storey Kenworthy 50389 Postmaster 50390 R Company, Inc. 50391 Schumacher Elevator Co. 50392, Subsurface Solutions 50393 Utility Equipment Co. 50394 Wellmark Blue Cross Blue Shield 50395 Tori Wise 50396 Waterloo Water Works EFT Treasurer, State of Iowa EFT State of Iowa Treasurer 50397 Advanced Environmental 50398 Region I AVVWA arden Overpayment on final bill M.D.&U.D.refund Overpayment on final bill Well #19 electrical improvements Reimbursement for uniform cost Water sampling Replaced broken lock and door knob on garage door Well #19 engineering Uniform embroidery Postage Replaced 6" valve at University and Progress and repaired water service line at 226 Hammond Elevator maintenance New wire leads for locator box Fittings and hydrant flags Medical insurance Reimbursement for uniform cost Reimbursed petty cash for postage and transfer of customer's funds State withholding tax Sales tax Asbestos testing on climax engine at well #19 demolition project Registration for water operator workshop for six employees 263 14.97 12,570.20 16,000.00 3,563.00 40.00 4,547.50 2,395.99 919.00 96.20 21,395.05 1,041.50 998.87 203.26 30.00 626.15 4,750.00 20.90 8,011.00 50.00 46.48 53.32 42.42 105.00 54.60 61.92 31.63 75.00 34.99 8,550.00 45.00 1,072.00 95.00 1,762.50 8.50 5,150.00 6,360.00 474.59 71.68 5,958.16 37,207.30 55.56 86.15 7,605.00 17,267.97 62.50 120.00 264 50399 The CBE Group, Inc. 50400 Dell Marketing, L.P. 50401 Denver Underground & Grading, Inc. 50402 Droste Auto & Glass 50403 Electronic Engineering 50404 Firestone Store 50405 IWI Motor Parts 50406 Dan L. & Annette Wilson 50407 Sheila Shelton 50408 Jordan Quint 50409 Dorothy Porter 50410 Nickole Dillard 50411 Husein Begic 50412 Derek Crise 50413 Jessica A. Stoner 50414 BBS Real Estate Holdings 50415 Deery Auto Salvage 50416 Matt Winkelman 50417 Zuhgija & Dervisa Sisic 50418 K & R Consulting Group 50419 Kirkham Michael & Associates 50420 McDonald Supply 50421 Menards 50422 MidAmerican Energy Co. 50423 Murphy Tractor & Equipment 50424 Overhead Door Co. 50425 Postmaster 50426 Rochester Armored Car Co. 50427 Sandee's Ltd. 50428 Charles Schwab Institutional 50429 Scot's Supply 50430 Sensus Metering Systems 50431 Service Signing, L.C. 50432 Sew Fine Upholstery LLC 50433 Steffen 50434 Titan Machinery 50435 UnityPoint Clinic 50436 Utility Equipment Co. 50437 Westrum Leak Detection Payroll Collection fee Computer monitor and sound bar Dewitt Road Water Main Extension Windshield repair on unit #19 Monthly vehicle tracking service Tires and alignment on unit #8 Oil filter, toggle and valve tool for unit #33, fuel filters and miniature lamp bulbs M. D. & U. D. refund Overpayment on final bill M. D. & U. D. refund 11 11 11 11 If 11 Ii Overpayment on final bill Overpayment on fire line charge Overpayment on final bill Overpayment on account Bookkeeping Sage 100 Business Care Plan annual renewal West Shaulis Road Water Main Extension Meter couplings Batteries, electrical tape, screwdriver and small fittings Gas, power and electric New street pads, nuts, washers, air filter and oil filter for unit #20, and breaker point for tractor mounted hammer on unit #21 Repaired garage door Postage Armored car service Notary stamp for C. Manahl and ink for customer service center Employer contribution to employee pension fund Nuts and bolts for unit #21 and hose and fittings for tamper Touchpads Traffic control on University Avenue Repaired window on John Deere garden tractor Rotary switch for hydraulic power unit and shims for hydraulic pump Handle kit and seat kit for unit #21 Annual data membership dues for CDL drug and alcohol testing Material to repair drain tile, material for 6" main break and new magnetic locator Assisted with water leak detection at three locations 65.24 251.23 23,619.42 40.00 329.45 629.35 186.45 18.17 75.00 39.41 24.60 54.60 26.41 24.36 38.18 331.88 7.50 43.94 157.58 1,733.55 4,793.71 1,294.58 152.62 34,306.13 1,134.52 698.50 560.00 241.80 30.50 42,475.00 381.86 2,063.12 550.00 100.00 57.68 131.22 50.00 1,921.53 1,075.00 100,459.88 $1,870,774.84 265 The General Manager presented the Monthly Financial Report as of January 31, 2014 as follows: January 1, 2014 Balance $4,730,690.76 Receipts 952,005.97 Disbursements 603,142.22 January 31, 2014 Balance $5,079,554.51 Debt Reserve Fund 330,000.00 Restricted Bond Fund 0.00 Bond Debt Sinking Fund 33,720.00 Repairs & Rehabilitation Fund 318,950.77 General Fund Balance 4,396,883.74 $5,079,554.51 It was moved, seconded and approved to receive and place on file the Monthly Financial Report as presented. The General Manager presented the Revenue and Expense Summary as of January 31, 2014 as follows: Operating Revenue Operating Expense Non -Operating Revenue Non -Operating Expense Capital Expense 2013 2014 $686,040.92 $826,662.50 340,562.56 457,184.53 $345,478.36 $369,477.97 12,717.24 21,940.62 0.00 0.00 1,149.17 40,951.45 $357,046.43 $350,467.14 It was moved, seconded and approved to receive and place on file the Revenue and Expense Summary. Rodger Burris was appointed to the Waterloo Water Works Board of Trustees on September 13, 2004. Mr. Burris attended his first Board meeting on September 29, 2004. Mr. Burris was reappointed to the Board of Trustees in December 2007 and he was elected Vice -Chair of the Board on March 16, 2011. Mr. Burris served his full term, with said term expiring on January 12, 2014. Roger Burris was an integral and exceptional member of the Board. His business and financial acumen, his attention to detail, and his attentiveness to the affairs of the Waterloo Water Works were invaluable. The Board of Trustees considered the following resolution for recognition of Trustee Rodger Burris: WHEREAS, Rodger Burris has made an exceptional contribution to the citizens of Waterloo by his nine plus years of outstanding service as a member of the Waterloo Water Works Board of Trustees; WHEREAS, it is appropriate for the Waterloo Water Works to acknowledge Rodger Burris for his leadership and service; NOW THEREFORE BE IT RESOLVED AS FOLLOWS: The Waterloo Water Works extends its appreciation to Rodger Burris on behalf of the citizens of Waterloo for his experience, judgment and leadership that made a significant difference in the efficient operation of the water utility and to the citizens of the City of Waterloo. It was moved by Potter, seconded by Kuntz, to adopt the resolution One Vote: Ayes: Kuntz, Potter. Nays: None. Absent: Wienands. Resolution adopted. 266 Overhead costs of the Waterloo Water Works are presented annually to the Board of Trustees for approval. The total labor overhead cost is calculated using the most recent year-end information, as well as available current year information. The Water Works uses the overhead cost to mark-up labor costs on various projects. The marked -up labor costs are used to more accurately invoice projects and to maintain cost records. Social Security Workmen's Comp. Insurance General Liability Insurance Employee Insurance Benefits Vacation, Holiday &Casual Days (PERS Equivalent Total 2010 2011 7.65% 7.65% 1.85% 2.56% 1.62% 1.46% 26.47% 28.12% 14.20% 14.99% 6.43% 7.78% 58.22% 62.56% 2012 2013 2014 7.65% 7.65% 7.65% 4.19% 5.16% 5.28% 1.75% 1.72% 1.71% 31.19% 31.61% 25.96% 15.56% 15.49% 15.44% 9.04% 9.70% 10.03% 69.38% 71.33% 66.07% It was moved by Kuntz, seconded by Potter and approved to authorize the use of the labor overhead percentage of 66.07% as the appropriate 2014 labor overhead mark-up charge. Water Works staff is completing the design work for the 2014 Street Reconstruction Program - Division II Water Main Replacement and Extension Project. The 2014 Water Main Project is being let in conjunction with the City of Waterloo's FY 2014 Street Reconstruction Program. The City of Waterloo will act as the overall contracting authority. This year's project includes replacing approximately 660 feet of 6 -inch water main on Easton Avenue, between LaPorte Road and Wisconsin Street. The Easton Avenue water main has suffered numerous water main breaks. Replacing poorly performing water mains results in system strengthening, increased fire flows and improved reliability. With an aging distribution system, it is anticipated that the frequency and severity of main breaks will increase over time. The majority of main breaks in the system appear to be caused by corrosion. The areas with the highest incidence rate include the Castle Hill area, the area of Waterloo north of San Marnan and west of LaPorte Road, and the area generally around Central Middle School. Other smaller pockets of increased breakage exist as well. In 2006, the Water Works began a program of replacing water main in the Castle Hill area, in conjunction with the City of Waterloo's annual Street Reconstruction Program. The program has continued each year since 2006, focusing on streets that are included in the City Street Reconstruction Project. Replacing the water mains in conjunction with the Street Reconstruction Project benefits the residents, the City of Waterloo and Water Works, and will improve project coordination, scheduling, logistics and economics. The anticipated remaining expenses for the 2013 project are the sum of $222,412.10. The preliminary engineer's estimate of cost for the contracted portion of the 2014 project is $75,900. Including pre -work and contingencies, the total preliminary estimated costs for completing the 2013 project and the entire 2014 project is the sum of $346,854. The 2014 Capital Budget includes $415,500 for corrosive soil water main replacement / connection projects and $100,000 for water main extension projects. Costs against the 2013 and the 2014 projects include engineering, design, pre -reconstruction work, the work contracted through the City project, geotechnical testing and contingencies. All engineering and design work is being done in-house with minimal capital cost to the Water Works. Pre -reconstruction work will be completed by the Water Works Distribution Department and by hired contractors. Water Works staff and a geotechnical testing agency will provide construction review for compliance with specifications. It was moved by Kuntz, seconded by Potter and approved to instruct the General Manager to prepare plans, specifications, form of contract, etc. 267 It was moved by Kuntz, seconded by Potter and approved to receive, place on file, and preliminarily approve plans, specifications, form of contract, etc. It was moved by Kuntz, seconded by Potter and approved to adopt a resolution to publish notice of plans, specifications, taking of bids, and to set the date of Public Hearing as March 19, 2014. The City of Waterloo awards a contract annually for an asphalt overlay program. With the existing pavement and other infrastructure remaining in place, the street is overlaid with asphalt pavement to extend the remaining life of the existing pavement by 10 to 30 years. The overlay of Newell Street from Idaho Street to east of the Haz-Mat Training Center is included in the 2014 Asphalt Overlay Program. Currently there is an 8 -inch water main and a 12 -inch water main in the overlay area. The 8 -inch water main has suffered numerous breaks in recent years and is a redundant water main running parallel to the 12 -inch water main. The 8 -inch water main provides water service to 10 residential properties. Rather than replacing the 8 -inch water main, the service lines connected to the 8 -inch main could be moved to the 12 -inch main and the 8 -inch main could be disconnected from the distribution system and abandoned. Water Works staff is working on design work for the 2014 Asphalt Overlay Preparation Project. It is anticipated that the project would be let and completed prior to the City's work on the 2014 Asphalt Overlay Program. In this case, the Water Works will be the contracting authority on the water main reconfiguration project and will not be a subdivision of the City's Overlay Program. The preliminary engineer's estimate of cost for the contracted portion of the 2014 project is $57,170. Including pre -work and contingencies, the total preliminary estimated costs for the 2014 project is the sum of $68,604. The 2014 Capital Budget includes $415,500 for corrosive soil water main replacement / connection projects and $100,000 for water main extension projects. Costs against the 2014 project include engineering, design, pre -reconstruction work, the contracted work, geotechnical testing and contingencies. All engineering and design work is being done in-house with minimal capital cost to the Water Works. Pre -reconstruction work will be completed by the Water Works Distribution Department and by hired contractors. Water Works staff and a geotechnical testing agency will provide construction review for compliance with specifications. It was moved by Potter, seconded by Kuntz and approved to instruct the General Manager to prepare plans, specifications, form of contract, etc. It was moved by Potter, seconded by Kuntz and approved to receive, place on file, and preliminarily approve plans, specifications, form of contract, etc. It was moved by Potter, seconded by Kuntz and approved to adopt a resolution to publish notice of plans, specifications, taking of bids and to set the date of Public Hearing as March 19, 2014. Each year, the Water Works takes bids for the annual purchase of pipe, valves and fittings. At their January 2014 meeting, the Board authorized the taking of bids for those items. The bid prices received are for materials and supplies used during the 2014 construction season and for distribution system repairs made throughout the year. The request for bids was published in the Waterloo Courier on January 27, 2014. Bids were received, opened and read aloud on February 10, 2014. The bids received for pipe, per foot, were as follows: Schimberg Co. American Cast Iron Pipe Co. 6" Ductile Iron $15.39 $18.80 8" Ductile Iron $21.80 $26.59 10" Ductile Iron $28.00 $36.64 12" Ductile Iron $36.00 $43.83 16" Ductile Iron $52.00 $63.45 20" Ductile Iron $68.00 $87.41 268 follows: The bids received for valves, tapping valves and tapping sleeves were as Utility Equipment Co. $29,740.00 Schimberg Co. $30,496.00 HD Supply Waterworks $36,182.62 The bids received for fittings were as follows: Utility Equipment Co. $43,528.90 Schimberg Co. $44,029.50 HD Supply Waterworks $50,881.66 It was moved by Kuntz, seconded by Potter and approved to award the pipe contract for 2014 to Schimberg Company as being the lowest and best bid; to award the valve contract for 2014 to Utility Equipment Company, as being the lowest and best bid; and to award the fittings contract for 2014 to Utility Equipment Company as being the lowest and best bid. Jeff Stickfort, Managing Member of Sunnyside South Addition, LLC, is developing the Sunnyside South Addition in Waterloo, Iowa. The development is on West San Marnan Drive between Ansborough Avenue and West Fourth Street, and includes 3,141 feet of 12 -inch ductile iron pipe water main, nine hydrants and other appurtenances. Plans, specifications and other documents were submitted to the Water Works for review and approval. The Board of Trustees authorized the water main extension through the development at their August 2013 meeting. The developer and his engineer have submitted the developer's request for acceptance letter, the Engineer's Certification of Completion, as -built plans, shop drawings, test results, 2 -year maintenance bonds, and statement of values of improvements. The value of the improvements is the sum of $324,640.00, all of which was paid for by the developer. A copy of the As Constructed Plans cover sheet, developer's request letter, Engineer's certification letter, and statement of values were reviewed by the Board. It was moved by Potter, seconded by Kuntz and approved to adopt a resolution approving the maintenance bonds and the completion of the project, and to accept the referenced water main infrastructure. At the January 2014 Pension Committee meeting, it was stated that IPERS provides a cost of living increase for their members and a request was made that the Water Works Pension Plan provide benefit increases to current Water Works retirees covered by the plan. IPERS provides a "November Dividend", which pays a cost of living increase, of sorts, to IPERS members who retired on or before June 30, 1990. (PERS members who retired and began receiving benefits after June 30, 1990, have been receiving a Favorable Experience Dividend, or FED. In the late 1990's, the Iowa Legislature established the FED Reserve Account using investment earnings from the IPERS Trust Fund. This was done at a time when IPERS was over 90 percent funded. The funds for the FED payments are depleted, with the last FED payments made in January 2014. IPERS does not expect to make any additional FED payments in the foreseeable future, since the FED fund is depleted. By law, IPERS cannot transfer additional funds into the FED Reserve Account until the Trust Fund is 100 percent funded, which is not expected to occur for many decades. The Board received IPERS information sheets, further explaining their IPERS November and FED dividend programs. The Water Works Pension Plan is funded at 58.5 percent as of the last actuarial valuation, compared to 70.1 percent in 2006. To stabilize the Plan, the Water Works have made accelerated contributions to the Plan at a rate far greater than the normal IPERS employer share rate. Since 2005, the Water Works has contributed over $3 million to the Plan. It was moved by Potter, seconded by Kuntz, and approved to receive and place on file the information sheets explaining the IPERS November and FED dividend programs. 269 The following items were reported by management: Dennis Clark presented water pumpage information for January 2014, which was 10.33% more than January 2013. At least some of the pumpage increase is due to flushing hydrants to maintain higher water temperatures in the distribution system. The current market value of the Pension Fund as of January 31, 2014 is the sum of $4,787,817.28, including one employee's personal balance of $31,714.69. The value of the fund decreased $166,348.54 in the last month and year to date. The Waterloo Water Works has made contributions of $42,475.00 to the plan in 2014. Due to the late timing of the Water Work's contribution in January, the contribution is not accounted for on the end of January brokerage statements, but will be shown on the February 28, 2014 statement. Employees have made contributions of $6,777.97 to the plan in 2014. Year to date fees are the sum of $6,515.57, year to date payments to retirees are the sum of $40,772.88, and the year to date performance of the fund is minus 2.54 percent. The annual tabulation of broken mains, main leaks and broken hydrants was reported to the Board. In 2013, 70 mains were broken, 8 main leaks occurred, and 8 hydrants were damaged. A tabulation was distributed showing the total number of service line leaks in 2013. A total of 129 service line leaks occurred in 2013, compared to 135 service line leaks in 2012. Copper line leaks accounted for 119 of all service line leaks in 2013. The 2013 Largest Water Users, on an average month basis, was reported to the Board. The top twenty customers combined used an average of 145,291,896 gallons per month, a combined average decrease of 4,098,577 gallons per month compared to last year. The City of Waterloo used 11,613,757 gallons per month, ranking as the third highest user. A list of several major projects and initiatives currently underway or planned for 2014 was presented to the Board. at 8:00 a.m. The next regular meeting is scheduled for Wednesday, March 19, 2014 Upon motion, the meeting was adjourned at 9:55 a.m. BOARD OF TRUSTEES 9 Secretary Prepared by Pauline Closson CITY OF WATERLOO 9002 PAYMENT VOUCHER A030314 February 24, 2014 Batch No. Vendor: 5419 Keyed By: Vendor AECom Department: Engineering Address Grant/Project Code# City & State Invoice Date Invoice # Qty/Unit Amount Description G/L Distribution $ 5,692.71 Gatewell Repair Project - Black Hawk Creek 2/20/14 37418994 & Cedar River City Contract 857 Project start thru 2/14/14 Special Instructions: (, e ), ,4, Su(mitted BG Total $ 5,692.71 413-07-5600-2103 02/24/14 Date Approved By: Date An Equal Opportunity/Affirmative Action Employer 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 ACOM Invoice To: Mr. Eric Thorson City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Invoice Date: February 20, 2014 Project Number: 60313604 Invoice No: 37418994 Your Authorization: Professional Service Agreement Dated December 9, 2013 Gatewell Repair Project - Black Hawk Creek and Cedar River Waterloo, Iowa Progress Billing: Project Start through February 14, 2014 Classification Hours Amount Senior Professional 1.00 $216.92 Project Professional 3.00 $471.36 Staff Professional 0.00 $0.00 Professional 0.00 $0.00 CAD/GIS Operator 38.00 $2,595.24 Senior Technician 14.00 $1,372.28 Technician 14.00 $1,008.91 Project Support 0.00 $0.00 Direct Expenses $28.00 Total Costs to Date $5,692.71 Less Previous Billing 0.00 TOTAL AMOUNT DUE $5,692.71 k /Fit K 4.4 ci=17 Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 Voucher Prepared by Pauline C CITY OF WATERLOO PAYMENT VOUCHER February 24, 2014 Vendor Name Address City & State Invoice Date 2/20/14 2/20/14 2/20/14 2/20/14 AECOM Invoice No. Qty/Unit Special Instructions 37419083 37419083 37419083 37419083 ubmitted By TOTAL Vendor # 5419 Department Engineering Grant/Project Code # 07LTF 5007 Amount Description $1,609.26 $9,209.06 $536.42 $3,069.69 14,424.43 2/24/14 Date Storm Water Lift Station Cont 842 Blowers Creek Design EDA 75% Dry Run Creek Design EDA 75% Blowers Creek Design CDBG 25% Dry Run Creek Design CBDG 25% 11/9 thru 12/6/13 Approved By An Equal Opportunity/Affirmative Action Employer G.L. Distribution 290-07-5300-2103 409-07-5300-2103 290-07-5300-2103 409-07-5300-2103 75%/25% Date 9002 A030314 07 LFT 5007 07 LFT 5007 07 LFT D078 07 LFT D078 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 ACOM Invoice To: Mr. Eric Thorson, P.E. City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Invoice Date: February 20, 2014 Project Number: 60188622 Invoice No: 37419083 Your Authorization: Advanced Notice to Proceed Dated November 12, 2010 Professional Services Agreement Dated July 18, 2011 Progress Billing: January 11, 2014 through February 14, 2014 Storm Water Lift Station Blower's Creek Dry Run Creek % s � Direct Labor $148,348.18 Indirect Costs $237,357.09 Direct Expenses $1,847.80 Stantec $2,118.00 Terracon $3,110.50 Fixed Fee $50,141.68 Total Costs to Date $442,923.25 Less Previous Billing $440,777.57 Amount Due $2,145.68 TOTAL AMOUNT DUE $14,424.43 $75,565.93 $120,905.50 $267.56 $200.00 $0.00 $25,541.28 $222,480.27 $210,201.52 $12,278.75 k eft rpii/(1). Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 ATTN : ERIC THORSON CITY OF WATERLOO WATERLOO WATERLOO, IA 50703 Invoice Date: 20 -FEB -14 Invoice Number: 37419083 Agreement Number: 60188622 Payment Term: 30 DAYS Please reference Invoice Number and Project Number with Remittance Project Number : 60188622 Project Name : WAT-Stormwater Pump Stations — Blower's Creek Bill Through Date : 11 -JAN -14 - 14 -FEB -14 Labor Multiplier Employee Name/Title Title/Expenditure Date Hours Rate Raw Cost Clough, Gloria M Project Support 31 -JAN -14 1.00 32.00 32.00 Clough, Gloria M Project Support 07 -FEB -14 2.00 32.00 64.00 Coselman, Barbara L Project Support 14 -FEB -14 1.00 26.65 26.65 Eaton, Steven J Senior Professional 17 -JAN -14 1.00 86.81 86.81 Eaton, Steven J Senior Professional 31 -JAN -14 2.00 86.81 173.62 Eaton, Steven J Senior Professional 07 -FEB -14 2.00 86.81 173.62 Eaton, Steven J Senior Professional 14 -FEB -14 2.00 86.81 173.62 Total Labor Multiplier 11.00 730.32 Billed Amt 730.32 OverHead Markup 1,168.51 Labor CPFF Total 1,898.83 Lump Sum Description Billed Amt Fixed Fee Labor 246.85 Total Lump Sum 246.85 Project Total : WAT-Stormwater Pump Stations 2,145.68 Invoice Summaries Total Current Amount : Retention Amount : Pre -Tax Amount : Tax Amount : 2,145.68 0.00 2,145.68 0.00 Total Invoice Amount : 2,145.68 ATTN : ERIC THORSON CITY OF WATERLOO WATERLOO WATERLOO, IA 50703 Project Number : 60188622 Bill Through Date : 11 -JAN -14 - 14 -FEB -14 Invoice Date: 20 -FEB -14 Invoice Number: 37419083 Agreement Number: 60188622 Payment Term: 30 DAYS Please reference Invoice Number and Project Number with Remittance Project Name : WAT-Stormwater Pump Stations - Dry Run Creek Labor Multiplier Employee Name/Title Title/Expenditure Date Hours Rate Raw Cost Allyn, Todd L Project Professional 31 -JAN -14 11.00 44.00 484.00 Allyn, Todd L Project Professional 07 -FEB -14 16.00 44.00 704.00 Allyn, Todd L Project Professional 14 -FEB -14 9.00 44.00 396.00 Eaton, Steven J Senior Professional 31 -JAN -14 2.00 86.81 173.62 Eaton, Steven J Senior Professional 07 -FEB -14 2.00 86.81 173.62 Eaton, Steven J Senior Professional 14 -FEB -14 2.00 86.81 173.62 Hansmann, Brett E 65-CADD (non -Dept) 07 -FEB -14 4.00 28.92 115.68 Kimball, Daniel D (Dan) Staff Professional 17 -JAN -14 9.00 40.00 360.00 Kimball, Daniel D (Dan) Staff Professional 24 -JAN -14 4.00 40.00 160.00 Kimball, Daniel D (Dan) Staff Professional 31 -JAN -14 8.00 40.00 320.00 Kimball, Daniel D (Dan) Staff Professional 07 -FEB -14 10.00 40.00 400.00 Kimball, Daniel D (Dan) Staff Professional 14 -FEB -14 8.00 40.00 320.00 Oatman, Terry L CAD/GIS Operator 31 -JAN -14 4.50 27.50 123.75 Oatman, Terry L CAD/GIS Operator 07 -FEB -14 10.00 27.50 275.00 Total Labor Multiplier OverHead Markup Labor CPFF Total Lump Sum Description Fixed Fee Labor Total Lump Sum Project Total : WAT-Stormwater Pump Stations 99.50 4,179.29 Billed Amt 4,179.29 6,686.86 10,866.15 Billed Amt 1,412.60 1,412.60 12,278.75 Invoice Summaries Total Current Amount : Retention Amount : Pre -Tax Amount : Tax Amount : Total Invoice Amount : 12,278.75 0.00 12,278.75 0.00 12,278.75 Payment voucher prepared by: Pauline Clossom CITY OF WATERLOO 9002 PAYMENT VOUCHER A030314 February 24, 2014 Vendor # 12149 Vendor No. Department: Engineering Vendor Name JDE Engineering Grant/Project Code # Address City & State Invoice Date ************************************* Invoice No. Qty/Unit Amount Description G.L. Distribution 2/14/14 2014-0009 $1,900.00 City Contract # 853 Delene Avenue Watershed Detention Basin Est # 11 Services from 1/6 thru 2/14/14 Special Instructions Submitted By TOTAL $1,900.00 2/24/14 Date Approved By An Equal Opportunity/Affirmative Action Employer 411-07-5300-2103 Bill To: City of Waterloo Engineering Department Attn: Wayne Castle 715 Mulberry Street Waterloo, Iowa 50703 Phone: 319-291-4312 402 E. 4th Street, Suite 101 Waterloo, Iowa 50703 Phone: 319-454-7913 Date 2/14/2014 Invoice Invoice # 2014-0009 Pay Request No. 11 Terms 'Project # 13-004 F.Y. 2012 Delane Avenue Watershed Detention Basin, Contract No. 853 JDE Professional Services Provided from: Date Week of 1/6 Project Manager Professional Personnel Week of 1/13 Project Manager Week of 1/20 Project Manager Week of 1/27 Project Manager Week of 2/3 Project Manager Week of 2/10 Project Manager Totals January 6, 2014 Hours 3.00 4.00 to: February 14, 2014 Rate $95.00 $95.00 Amount $285.00 $380.00 ✓ 4.00 $95.00 $380.00 3.00 $95.00 $285.00 3.00 $95.00 $285.00 V 3.00 $95.00 $285.00 '7 20.00 - $1,900.00 Invoice Summary Pay Request Date Invoice Number Amount No. 1 2/13/2013 2013-0006 $7,600.00 No. 2 3/1/2013 2013-0007 $7,315.00 No. 3 3/23/2013 2013-0011 $11,400.00 No. 4 4/20/2013 2013-0013 $15,200.00 No. 5 5/20/2013 2013-0019 $22,166.25 No. 6 7/3/2013 2013-0026 $39,263.75 No. 7 8/6/2013 2013-0027 $15,270.00 No. 8 9/10/2013 2013-0030 $10,735.00 No. 9 10/25/2013 2013-0032 $6,555.00 No. 10 1/10/2014 2014-0003 $4,845.00 No. 11 2/14/2014 2014-0009 $1,900.00 Total Total Contract Limit $144,000.00 $142,250.00 Total Amount Earned to Date $142,250.00 Less Previously Paid $140,350.00✓ Total Amount Due this Estimate $1,900.00 ./ ti ypgirk @lea A8 panoaddy iei(oldw3 uonoy angewi! y/Al!unTiodd0 lenbD uy b 6/jZ/Z /—tiu ; 06.266'62 lviOl � luawasJngw!a?j 6u!gsanbai s! 000HN! uosaani tie0 ti06Z-00£9-LO-063 uo!Tnqws!a •10 176£0£Ov 2006 3LON a!geasangw!aj %006 1./9Z/1.- £ 6/6Z/Z 6 uolu!A'2 ){80a0 uapa!A 'any p!a!f;sem asegd u6!saa 06.Z66'6Z$ suowa3 41!1 Ja;ennwaols oo!JaleM uogduosea lunowy # apo0 loafaid/}uei0 6upeau!6u3 luaw}Jedea 0629 #;uopUeA 213H0f1OA 1N3WAVd 0012131VM 3O A1IO l!uflIkIO Apafl!wgns suo!lon4su! le! ads Z99991- b 6/OZ/Z .ON ao!onui a4ea ao!onu! ************************************* 00ZZ-60£09 y! 'sau!o!N sea alelS Al!O 00£ 04!nS anuany }Jno0 001. ssajppy 'au! spuel!nsuo0 Aa!umS aweN Jopue 1760Z 'bZ tienJgad 0 au!!ned i(q paJedaJd Jauonon Stanley Consultants INC 100 Court Avenue, Suite 300 Des Moines, IA 50309-2200 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attention: Jamie Knutson, Associate Engineer For: Storm Water Lift Stations, Study & Design Phase Westfield Ave., Virden Creek and Vinton ---71610 �1] � GINft r 4 ENGINEERING p BETTER W00.1D February 20, 2014 Project No: 23209.01.00 Invoice No: 0165552 Professional Services from December 29, 2013 to January 25, 2014 Fee Billing Phase Westfield Ave Virden Creek Vinton Total Fee Percent Previous Current Fee Complete Earned Billing Billing 317,333.00 100.00 317,333.00 317,333.00 0.00 129,161.00 100.00 129,161.00 129,161.00 0.00 150,593.00 100.00 150,593.00 150,593.00 0.00 597,087.00 597,087.00 597,087.00 0.00 Total Fee Total this Project C11 ENGINEERS VATER1_00,1A 0.00 0.00 For: Bidding Phase Billing Limits Total Billings Limit Current 0.00 Prior 11,194.10 To -Date 11,194.10 11,194.10 Total this Project 0.00 For: Construction Phase Professional Personnel BC -20 BC -19 Hours Rate 17.50 211.00 8.00 200.00 Amount 3,692.50 1,600.00 Project 23209.01.00 WaterlooStormWaterLiftStationsPrelimWork Invoice 0165552 BC -15 11.00 156.00 1,716.00 BC -09 68.00 97.00 6,596.00 BC -08 .50 89.00 44.50 BC -07 78.00 82.00 6,396.00 Totals 183.00 20,045.00 Total Labor 20,045.00 Reimbursable Expenses Meals 101.30 Telephone 68.46 Lodging 636.82 Expense Report Mileage 567.32 Total Reimbursables 1,373.90 1,373.90 Unit Billing Car Mileage - 2WD 760.0 Miles @ 0.65 494.00 Total Units 494.00 494.00 Billing Limits Current Prior To -Date Total Billings 21,912.90 213,522.56 235,435.46 Limit 353,956.00 Remaining 118,520.54 Total this Project $21,912.90 For: Subconsultant Fees Billing Limits Current Prior To -Date Total Billings 0.00 6,441.00 6,441.00 Limit 22,500.00 Remaining 16,059.00 Total this Project 0.00 For: Stormwater Lift Stations Environmental Monitoring Billing Limits Current Prior To -Date Total Billings 0.00 4,977.51 4,977.51 Limit 5,528.00 Remaining 550.49 Total this Project 0.00 TOTAL THIS INVOICE $21,912.90 eKk7Y If you have any questions regarding this invoice, please contact Dan Fullerton at 515-447-4408 or Amy at 563-264-6419. ji7�/CLE6 Page 2 Storm Water Lift Station Sudy, Design, Bidding and Constructon Services Westfield Avenue, Virden Creek and Vinton/18th Street Waterloo Iowa c Tr Summary Bidding and Construction Phase Compensation Subtotal Fee Current Prior To -Date Westfield $ 212,246.00 $ 7,304.30 $ 118,656.45 $ 125,960.75 Virden $ 57,886.00 $ 7,304.30 $ 14,685.15 $ 21,989.45 Vinton/18th $ 115,770.00 $ 7,304.30 $ 102,793.57 $ 110,097.87 Total Fee $ 385,902.00 $ 21,912.90 $ 236,135.17 $ 258,048.07 c Tr DRAWING LEGEND COVER Al -ROOF PLAN A2 -ELEVATIONS A3 -ELEVATIONS A4 -DETAIL BOAT HOUSE LOCATION ON THE BANKS OF THE CEDAR RIVER 707 PARK ROAD WATERLOO, IOWA 707 Park Road Waterloo, Iowa IMMINEMIEMININ Cover 2/2/2014 13,365 sq fll CONTRACTOR TO FIELD MEASURE ALL ROOFS. SQUARE FOOTAGES LISTED FOR CONVENIENCE ONLY. SEE ELEVATIONS FOR LOWER ROOF/AWNING 1240 sq fl1 ENTRANCE ROOF 120 sq ft) UPPER TOWER ROOF 1497 sq k1 NOTE: " ENTIRE EXISTING ROOF HAS UNDERLAYMENT THAT HAS BEEN PENETRATED, THIS MEMBRANE SHALL REMAIN. NEW UNDERLAYMENT SHALL BE INSTALLED TO BE WATERPROOF. " ALL ROOF PENETRATIONS TO BE PAINTED TO MATCH ROOF COLOR INCLUDING PVC PIPE. • PROVIDE AND INSTALL GLUE ON CLEAR PLASTIC SNOW GUARDS PER MFG. • ROOF COLOR TO BE MATCH EXISTING. PROVIDE SAMPLE. 84'-10 5/6" SEE ELEVATIONS FOR LOWER ROOF/AWNING cc Lu SEE ELEVATIONS Q FOR 1 -LARGE WINDOW SILL 1-5 FLASHING m REPLACEMENT a INSTURCTIONS. U CL 0 SEE ELEVATIONS FOR 1 -LARGE WINDOW SILL FLASHING REPLACEMENT INSTURCTIONS. OPEN FACE DOWNSPOUT AND 6" GUTTER- REMOVE AND REPLACE Roof Plan 1/8" = 1'-0" OPEN FACE DOWNSPOUT 6" GUTTER - REMOVE AND REPLACE m o L V O . N p P a o Al 2/2/2014 TOWER ROOF AND FACIA TO BE REPLACED REMOVE AND REPLACE ENTIRE BOTTOM SILL AND JAMB FLASHING METAL, REPLACE PER DETAIL. REMOVE AND REPLACE AZEK TRIM BOARDS BOTTOM AND SIDE. NEW PLASTIC GLUE DOWN CLEAR - SNOW GUARDS TYP. STANDING SEAM METAL ROOF TO BE REMOVED AND REPLACED. REMOVE AND REPLACE FACIA. LOWER ROOF/ AWNING AND FACIA TO BE REPLACED. TOWER ROOF AND FACIA TO BE REPLACED MAIN ROOF TO BE REPLACED LOWER ROOF/ AWNING AND FACIA TO BE REPLACED ENTRY ROOF CANOPY TO BE REPLACED. ( / s II 'Rawl =I 0 • 1N m 111 IU 1 t IIIiiliililiIiiiiiiiiiiii' MINN m —I 1 • ice 1111111Il i willlllllfllli111111.111111111111 REMOVE AND REPLACE ROOF AND METAL FACIA. ft3 Q NEW PLASTIC GLUE O DOWN CLEAR SNOW .O GUARDS TYP. 0 O REMOVE AND REPLACE G GUTTERS AND ,,..,,// DOWNSPOUTS. W CU ":¢ W H O 707 Park Road Waterloo, Iowa A2 2/2/2014 SNPLASTIC GLUE DOWN CLEAR 111I�II I1I1II111IIi. SNOW GUARDS TYP. .d/15�0 ��' GUTTER @ SOUTH AND EAST ONLY REMOVE AND REPLACE ROOF AND FACIA. STANDING SEAM METAL ROOF TO BE REMOVED AND REPLACED. �' 1I��� 011 I�IIIiIIIIIII�aUIIIlh, NEWPLASTIC GLUE DOWN CLEAR I� SNOW GUARDS TYP. REMOVE AND REPLACE METAL FACIA. iiiiriiiU EilflhiI 111111111111111111iiimmirdiffnimilimmill11111111111 STANDING SEAM METAL ROOF TO BE REMOVED AND REPLACED. NEW PLASTIC GLUE DOWN CLEAR SNOW GUARDS TYP. STANDING SEAM METAL ROOF AND PREFINISHED METAL SOFFIT AND FACIA TO BE REPLACED. REMQVE. AND::';`.fr'r. .,,REPlACE,META1. -'i >:ROOF:ANIS;FACIA :::INSTALL+_NEW;: °'RLASTIC. GLUR ON.:. ':- SNOW GUARDS:;,C: REMOVE AND REPLACE HAIL DAMAGED GUTTERS AND DOWNSPOUTS. REMOVE AND REPLACE OPEN FACED DOWNSPOUT REMOVE AND REPLACE ENTIRE BOTTOM SILL AND JAMB FLASHING METAL, REPLACE PER DETAIL. REMOVE AND REPLACE AZEK TRIM BOARDS BOTTOM AND SIDE. U w I 0 707 Park Road Waterloo, Iowa A3 2/2/2014 Tower Window Sill THIS WORK TO BE PERFORMED ON THE 2 LARGE WINDOWS AT THE TOWER LOCATION. REMOVEAZEK TRIM @ TOP AND SIDES AND BOTTOM. REMOVE SIDE AND BOTTOM PRE - FINISHED METAL FLASHING. EXAMINE FLASHING WITH OWNER. PROVIDE NEW PRE - FINISHED METAL FLASHING AND SILL TAPE BOTTOM PAN TO EXTEND UP SIDES 6" MIN. SILL FLASHING TO EXTEND OVER FACE TRIM BOARD. PROVIDE SHOP DRAWING OF PROPOSED FLASHING AND REPAIR. RE INSTALL FACE TRIM BOARDS WITH NEW AZEK PRODUCT TO MATCH EXISTING /N SIZE AND COLOR. PAINTING TO BE INCLUDED IN THIS REPAIR. REMOVE AND REPLACEAZEK TRIM BOARD OVER TYVEK OVER 1!2 PLYWOOD REMOVE AND REPLACE PREFIN/SHED METAL AND AZEK TRIM BOARDS AT SIDE JAMB FOR ENTIRE HEIGHT. BACKER ROD AND CAULK ALL WINDOW EDGES REMOVE AND REPLACE PREFINISHED METAL SILL AND DRIP EDGE OVER 12" PLYWOOD- SLOPED 1". PROVIDE NEW SILL TAPE AND PROVIDE SHOP DRAWING FOR APPROVAL. (E) SLOPED WOOD BLOCKING (VERIFY SLOPE) CUT AND REMOVE EXISTING SIDING AND EXTEND AZEK TRIM BOARD AS SHOWN HERE. -- P nr P 0 A4 2/2/2014 FY2014 BOAT HOUSE ROOF REPLACEMENT PROJECT CONTENTS: 1. LEISURE SERVICES BID PACKET 2. DRAWINGS AND DETAILS PACKET 3. SPECIFICATIONS PACKET CONTACT PERSON: Travis Nichols, Facilities/Project Manager Waterloo Leisure Services Commission (319) 291-4370 CITY OF WATERLOO LEISURE SERVICES COMMISSION FY2014 BOAT HOUSE ROOF REPLACEMENT PROJECT The Waterloo Leisure Services Commission is seeking bids to reroof the Waterloo Boat House, Waterloo, Iowa. Sealed bids are due 4:00 p.m., Monday, April 7, 2014 to the City Clerk at her office at City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Bids must be submitted on the Waterloo Leisure Services Bid Form. When submitting bids, please note on the lower, left-hand corner of envelope: ® Waterloo Leisure Services Commission ® FY2014 Waterloo Boat House Roof Replacement Pre -Bid Conference: 1 PM, March 14, 2014 at Waterloo Boat House, 707 Park Road. The City of Waterloo reserves the right to reject any and/or all bids. If you have any questions regarding this bid, please contact Travis Nichols, Facilities/Project Manager at 319- 291-4370. WATERLOO, IOWA LEISURE SERVICES COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for FY2014 BOAT HOUSE ROOF REPLACEMENT PROJECT PRE-BID CONFERENCE 1:00 PM, March 14, 2014 at Waterloo Boat House, 707 Park Road, Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, until Monday, April 7, 2014, at 4:00 p.m., for the FY2014 Boat House Roof Replacement Project as described in the plans and specifications now on file in the City Clerk's office and the Waterloo Leisure Services Commission office. OPENING OF BIDS All proposals received for the FY2014 Boat House Roof Replacement Project will be opened in the Law Court Theatre at Waterloo Center for the Arts, 225 Commercial Street, Waterloo, IA 50701, on Monday, April 7, 2014, at 5:30 p.m., and the proposals will be referred to the Waterloo Leisure Services Commission for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the FY2014 Boat House Roof Replacement Project at 5:30 p.m. on Monday, April 7, 2014. The hearing will be held in the Law Court Theatre at Waterloo Center for the Arts. The contract documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor and materials necessary for the roof replacement of the Waterloo Boat House at 707 Park Road, Waterloo, Iowa. CONTRACT PERIOD The work shall be completed by JUNE 15, 2014. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services Commission. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the construction work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The City shall award the Contract to the responsible Bidder(s) whose bid, conforming to the Specifications, is most advantageous to the City and the Waterloo Leisure Services Commission; price and other factors considered. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and Waterloo Leisure Services Commission such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BONDS The successful Bidder shall furnish a Performance and Payment Bond, within ten (10) days after notification of acceptance of the bid, in the amount equal to one hundred percent (100%) of the contract price. The Bond is to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Action Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against monthly estimates of the work completed and work approved by the Leisure Services staff. Final payment will be made thirty one (31) days after completion of the work and acceptance by the Waterloo Leisure Services staff. Before final payment is made for said work, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required. Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa, on the day of , 20 City of Waterloo, Iowa, Suzy Schares, City Clerk CITY OF WATERLOO, IOWA Waterloo Leisure Services INSTRUCTION TO BIDDERS I. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. IX. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Waterloo Leisure Services, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Waterloo Leisure Services shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Waterloo Leisure Services all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Waterloo Leisure Services that the Bidder is qualified to carry out properly the terms of the Contract. X. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him/her in performing the work. The bond shall protect and save harmless the City and Waterloo Leisure Services from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City and the Waterloo Leisure Services. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re -advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re - advertising, the defaulting bidder shall have no claim against the City or Waterloo Leisure Services for a refund. CITY OF WATERLOO, IOWA Waterloo Leisure Services GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City Of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Waterloo Leisure Services. Contractor - means the person, firm or corporation entering into the Contract with The City of Waterloo, to construct and install the improvements described in the Specifications and shown on the Plans or Drawings. Contract Documents - means and shall include the following: Executed Contract Or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Specifications, and Plans or Drawings. Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Waterloo Leisure Services/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Waterloo Leisure Services/City of Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waterloo Leisure Services. The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site. Therefore it is the responsibility of the Contractor to determine when security is needed. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and construction equipment during time of construction. The City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall secure from the appropriate departments of the local government, at no charge, the required building, electrical, plumbing and heating permits. The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Liability Insurance The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a. Public liability insurance covering all operations performed by persons directly employed by the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury (including wrongful death) Aggregate, Products and Completed Operations Property Damage Comp. Auto Bodily Injury Property Damage $2,000,000.00 $2,000,000.00 $2,000,000.00 $2,000,000.00 $2,000,000.00 per person per accident per person per occurrence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of $2,000,000.00 liability for bodily injury (including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. THE CITY OF WATERLOO IS TAX EXEMPT. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleaning, Etc. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. CITY OF WATERLOO LEISURE SERVICES COMMISSION FY2014 BOAT HOUSE ROOF REPLACEMENT PROJECT SPECIFICATIONS The Contractor shall perform all work required and furnish all labor, materials, equipment, tools, transportation and supplies necessary to complete the work at the Boat House, 707 Park Road Waterloo, Iowa in accordance with International Building Code and any applicable code and local ordinances. Should any misunderstanding arise as to the intent or meaning of the plans or specifications, the decision of the City shall be final and conclusive. SCOPE OF WORK- Contractors shall bid one or more of the 2 options for the owners review. OPTION #1 Remove existing roof down to and not including ice and water shield. Replace with specified High Temp underlayment material and replace with 24 gauge standing seam metal roof to match existing in spacing and color. See specification packet and drawings for exact metal configuration. Replace gutter downspouts, flashing, window sills, fascia, snow guards etc. per plan. OPTION #2 Remove existing roof down to and not including ice and water shield. Replace with specified High Temp underlayment material and replace with 22 gauge standing seam metal roof to match existing in spacing and color. See specification packet and drawings for exact metal configuration. Replace gutter downspouts, flashing, window sills, fascia, snow guards etc. per plan. Approval is needed for weekend work and any work after 5:00 pm Monday through Friday. Equipment and materials staging only allowed in designated areas. No equipment or materials allowed on grass surfaces. The Boat House will be operational during this roof replacement. Proper attire and behavior required. START DATE Work must commence within 45 days of signed contract. COMPLETION DATE All work shall be completed by JUNE 15, 2014 GUARANTEE The Contractor shall guarantee all material and equipment furnished and installed by him for a period of one year after final acceptance by the Leisure Services Commission. Should any defects arise as a result of defective workmanship or materials within the guarantee period, the Contractor shall make the necessary corrections at own expense. Paint finish warranty to be 35 Years. ALL WORK TO MEET ALL CITY OF WATERLOO BUILDING CODES. The City of Waterloo reserves the right to reject any and/or all bids. The Contractor is responsible for obtaining permits and the perfoimance of all work according to the City of Waterloo Codes. Permits will be at no charge. If you have any questions, please contact Travis Nichols, Facilities/Project Manager, at 291-4370. BIDDER: ADDRESS: CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM For FY2014 BOAT HOUSE ROOF REPLACEMENT PROJECT COMPANY NAME PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, Waterloo, Iowa, and the Waterloo Leisure Services Commission, 1101 Campbell Ave., Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed FY2014 WATERLOO BOAT HOUSE RE ROOF PROJECT in accordance with the contract documents and for the total price for work in place for the following amount: OPTION #1 BID PRICE: OPTION #2 BID PRICE: dollars ($ ) dollars ($ ) 2. In submitting this bid, the Bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 3. Security in the sum of dollars ($ ) In the form of , is submitted herewith in accordance with NOTICE TO BIDDERS. 4 Attached is a Non -Collusion Affidavit of Prime Contractor. 5. The Bidder is prepared to submit a financial and experience statement upon request. 6. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 7. The Bidder has received the following Addendum or Addenda: Addendum No. Date: / / / / / / 8. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and /or Women Business Pre-bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non -collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. a) The City of Waterloo does not approve the subcontractors. b) The subcontractors submit in writing that they cannot fulfill their subcontracts 9. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 10. The bidder has attached all applicable forms. 11. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. CONTACT PERSON: PHONE: Please Print SIGNED: DATE: / / STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo, Iowa.) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in construction work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated this State of ) ) ss County of ) day of 20 Name of Bidder By: Title: , being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of 20 Notary Public My commission expires 20 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal and As Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called "OWNER". In the penal sum dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the _day of , 20 , for NOW, THEREFORE, a) If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 20 Witness Witness Attorney -In -Fact (Seal) Principal By (Title) Surety (Seal) By NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Sudrs,cri,b-edi cum w o n/ to- Uefore/ wiei th,,a- Day of , Sri t ei My eq31,re - COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of , hereinafter referred to as the "Subcontractor"; 2. He is fully infomied respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the FY2014 WATERLOO BOAT HOUSE ROOF REPLACEMENT PROJECT in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, fluid or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Sutr}cr bed. sworn/ to - before, me/ t% DaY of , 2O__ Sign tures Ttax, My exptre,s, EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program — Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: Appropriate Official Title Date MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM INSTRUCTIONS Prime Contractor Responsibilities: Prime Contractors bidding on City of Waterloo contract work are required to ensure that MBE/WBE businesses are provided the opportunity to participate in the performance of contracts and subcontracts. Prime contractors are required to assist MBE/WBE businesses in overcoming barriers to participation, and must make good faith efforts to secure bids from, and award subcontracts to, MBE/WBE businesses. For all contract bids of $50,000 or more, the following is required to demonstrate good faith efforts in accordance with this policy: 1. "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" submitted with the prime contractor bid, properly completed and signed on Form CCO-4 (Rev. 06-20-02). Please note that this document must include all subcontractor contacts, bids received, and awarded - not just those related to disadvantaged business enterprise vendors. 2. A minimum of three (3) MBE/WBE business contacts must be made and documented, if there are at least three (3) MBE/WBE businesses offering services in the areas to be subcontracted (see City of Waterloo MBE/WBE Certified List). If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If you have submitted a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the certification from another government agency. 3. Contacts to each MBE/WBE businesses are required to be a minimum of seven (7) working days prior to the date the prime contractor submits the bid to the City of Waterloo. 4. The following documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" for each MBE/WBE business contacted: a. A copy of the bid received from the MBE/WBE, OR b. If no bid was received, a copy of correspondence received from the MBE/WBE with a "no bid" response, OR c. If no response was received, a copy of the solicitation sent to the MBE/WBE with proof of mailing attached. 5. If any MBE/WBE business submitting bids are not selected for subcontract award, documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" on why the MBE/WBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBE/WBE did not bid, withdrew bid or was non-responsive. c. Documentation of other business-related reason for not selecting the MBE/WBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by the Prime Contractor. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. Subcontractors Responsibilities: 1. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If the City Contract Compliance Officer does not receive sufficient scope letters seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and an MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. Form CCO-4A Rev. 07-08-02 MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM Prime Contractor Name: Project: Letting Date: NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBE/WBE subcontractors will be used, please use the bottom portion of this form. Contractor Signature: Title: Date: SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBE/WBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Jack Fellenzer, Contract Compliance Officer, for assistance at (319) 291-4429. In the event it is determined that the MBE/WBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MBE/WBE BUSINESS ENTERPRISE CONTACTS Quotes Received Quotation used in bid MBE/WBE Dates Dates Dollar Amount Proposed to Subcontractors Contacted Yes/No Contacted Yes/No be Subcontracted (Form CCO-4) Rev. 06-20-02 CERTIFIED MBE / WBE CONTRACTORS CITY OF WATERLOO, IOWA CONTRACT COMPLIANCE OFFICE Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, Iowa 50703 City WEB Site: www.ci.waterloo.ia.us Contract Compliance WEB Site for listing updates: http://www.wplwloo.lib.ia.us/contractcompliance/ Contact: Rudy Jones, Community Development Director Email: rudy.jones(awaterloo-ia.org Phone: (319) 291-4429 Fax: (319) 291-4431 MBE WBE Certified Contractors List Pave 1 of 4 CERTIFIED MBE CONTRACTORS CARTER ELECTRIC 725 Adams Street Waterloo, IA 50703 Phone: (319) 232-9808 Pager: (319) 235-4021 Contact: Derrick Carter Specializing in: ELECTRICAL CONTRACTOR CULPEPPER ELECTRIC 1731 Cottage Grove Avenue Waterloo, IA 50707 Phone: (319) 235-0885 Fax: (319) 236-8177 Contact: Martin Culpepper Certified: City of Waterloo Certified MBE, Licensed Electrician Specializing in: ELECTRICAL CONTRACTOR DANIELS HOME IMPROVEMENT 339 Albany Street Waterloo, IA 50703 Phone: (319) 961-1659 Contact: Sammy Daniels Specializing in: ALL TYPES OF CONCRETE FLATWORK, POURED WALLS ALL TYPES, FOOTINGS, LIGHT DEMOLITION D.C. CORPORATION 426 Beech Street Waterloo, IA 50703 Phone: (319) 236-9075 FAX: (319) 236-0515 Contact: Terry Phillips Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, TRUCKING (ALL TYPES), GENERAL CONSTRUCTION IBEAVBE Certified Contractors List Page 2 of 4 GREER'S WORKS 2003 Plainview Street Waterloo, IA 50703 Phone: (319) 233-4701 Contact: Willie Greer Specializing in: DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION LOVE'S ENTERPRISE 835 West Fifth St. P.O. Box 246 Waterloo, IA 50704 Phone: (319) 233-3260 Contact: David Love Certified: Iowa DOT, City of Waterloo Certified MBE Specializing in: CONCRETE PAVING, ASPHALT, DRIVEWAYS, SIDEWALKS, TRUCKING OLD GREER'S WORKS 2309 Springview Street Waterloo, IA 50707 Phone: (319) 233-2150 Contact: David L. Greer, Sr. Specializing in: ROOFING & GENERAL CONSTRUCTION QUICK CONSTRUCTION 217 Bates Street Waterloo, JA 50703 Phone: (319) 215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION JIBE! BF Certified Contractors List Page 3 of 4 CERTIFIED WBE CONTRACTORS ATLAS PAINTING, INC.* 911 Sycamore Street P.O. BOX 65 Waterloo, IA 50704 Phone: (319) 232-9164 Specializing in: COMMERCIAL AND INDUSTRIAL PAINTING PETERMAN & HAES CARPET ONE* 4003 University Avenue Waterloo, IA 50701 Phone : (319) 233-6131 FAX: (319) 233-6133 email: JR11486@cfu.net Certified: City of Waterloo WBE Contact : Carol Reese Specializing in: FLOOR COVERING WATCO CONSTRUCTION, INC.* 2920 Texas Street Waterloo, IA 50702 Phone : (319) 233-7481 Certified: City of Waterloo WBE Contact : Patricia J. Kimball Specializing in: STORM SEWER, INLETS, DRAIN TILE, WATER MAIN, SANITARY SEWER, INTAKE STRUCTURES * DENOTES WOMEN BUSINESS ENTERPRISE MBE/WBE Certified Contractors List Page 4 of 4 SECTION 07 01 50.19 PREPARATION FOR RE -ROOFING PART 1 GENERAL 1.01 SECTION INCLUDES A. Removal of existing roofing system in preparation for a new roof membrane system. 1.02 FIELD CONDITIONS A. Do not remove existing roofing membrane when weather conditions threaten the integrity of the building contents or intended continued occupancy. B. Maintain continuous temporary protection prior to and during installation of new roofing system. PART 2 PRODUCTS 2.01 MATERIALS A. Temporary Protection: Sheet polyethylene; provide weights to retain sheeting in position. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that existing roof surface is clear and ready for work of this section. 3.02 PREPARATION A. Sweep roof surface clean of loose matter. 3.03 MATERIAL REMOVAL A. Remove only existing roofing materials that can be replaced with new materials the same day. Do not remove existing Clad Gard roof membrane. B. Remove damaged portions of roofing membrane, perimeter base flashings, flashings around roof protrusions, pitch pans and pockets. C. Cut and lay flat any membrane blisters. D. Remove damaged insulation and fasteners, cant strips, blocking . END OF SECTION 07 01 50.19 xxx / boat house re roof - Copy 07 01 50.19 - 1 PREPARATION FOR RE -ROOFING SECTION 07 41 13 METAL ROOF PANELS PART 1 GENERAL 1.01 SUMMARY A. Project Name: Waterloo Boat House re roof. B. Metal panel roofing, including all components specified. C. Disposal of demolition debris and construction waste is the responsibility of Contractor. Perform disposal in manner complying with all applicable federal, state, and local regulations. D. Comply with the published recommendations and instructions of the roofing membrane manufacturer, at http://manual.fsbp.com. E. Commencement of work by the Contractor shall constitute acknowledgement by the Contractor that this specification can be satisfactorily executed, under the project conditions and with all necessary prerequisites for warranty acceptance by roofing membrane manufacturer. No modification of the Contract Sum will be made for failure to adequately examine the Contract Documents or the project conditions. 1.02 RELATED REQUIREMENTS A. Section 05 31 00 - Steel Decking: Steel deck, 22 gage, 0.03 inch or heavier.See alternates for other ticknesses B. Section 07 72 00 - Roof Accessories: Roof hatches and vents for installation on curbs specified in this section. 1.03 REFERENCES A. ASTM A653/A653M - Standard Specification for Steel Sheet, Zinc -Coated (Galvanized) or Zinc -Iron Alloy -Coated (Galvannealed) by the Hot -Dip Process; 2011. B. ASTM E108 - Standard Test Methods for Fire Tests of Roof Coverings; American Society for Testing and Materials; 2011. C. ASTM E1592 - Standard Test Method for Structural Performance of Sheet Metal Roof and Siding Systems by Uniform Static Air Pressure Difference; American Society for Testing and Materials; 2005 (Reapproved 2012) D. ASTM E1646 - Standard Test Method for Water Penetration of Exterior Metal Roof Panel Systems by Uniform Static Air Pressure Difference; American Society for Testing and Materials; 1995 (Reapproved 2011). E. ASTM E1680 - Standard Test Method for Rate of Air Leakage Through Exterior Metal Roof Panel Systems; American Society for Testing and Materials; 2011. F. UL 2218 - Standard for Impact Resistance of Prepared Roof Covering Materials; Underwriters Laboratories Inc.; Current Edition, Including All Revisions. 1.04 SUBMITTALS A. Product Data: Submit manufacturer's data sheets on each product to be installed and manufacturer's standard detail drawings applicable to this project. 1. Installation Instructions: Provide manufacturer's instructions to installer, marked up to show exactly how all components will be installed; where instructions allow installation options, clearly indicate which option will be used. B. Samples: Submit following samples for approval: 1. 12 inch long sample of roof panel. 2. Roof attachment clips. 3. Color chips for selection of finish color and sheen. C. Shop Drawings: Provide drawings prepared especially for this project for all relevant conditions, including plans and elevations, sections and details, specified loads, flashings, roof edges, terminations, expansion joints, curbs, penetrations, and drainage. Specifically include interfaces xxx / boat house re roof - Copy 07 41 13 - 1 METAL ROOF PANELS with materials not supplied by metal roof panel manufacturer and identify each component and its finish. D. Specimen Warranty: Submit prior to starting work. E. Manufacturer's Installation Inspection Reports: Manufacturer may, at its option, inspect the installation at any time to appraise the installing contactor of their compliance with manufacturer's requirements. Typical inspections will include: 1. Prior to the installation of the metal roofing panels to inspect the underlayments. The roofing contractor is responsible for assuring that the substrate is in suitable condition for the installation of the metal roofing components to the substrate. 2. Intermediate inspections to ensure proper installation of the metal roofing panels (if required). 3. At final completion of all metal roofing system work. 4. Submit to Owner, for the project record, a copy of each report of inspection made. F. Executed Warranty, by authorized company official. 1.05 QUALITY ASSURANCE A. Installer Qualifications: Roofing installer shall have received training from metal panel manufacturer for installation of the specified roof panel system, and: 1. Current Firestone Red Shield licensed installer status. 2. Having and using only equipment authorized and inspected by metal panel manufacturer. 1.06 DELIVERY, STORAGE AND HANDLING A. Deliver products in manufacturer's original containers, dry and undamaged, with seals and labels intact and legible. B. Exercise extreme care in unloading, storing, and installing metal panels to prevent bending, warping, twisting, and surface damage. C. Store products above ground on well -supported platforms that provide minimum of 1:48 slope. Store under waterproof covering or indoors and provide proper ventilation of metal components to prevent condensation build-up between metal components. 1.07 WARRANTY A. Comply with all warranty procedures required by manufacturer, including notifications, scheduling, and inspections. B. Manufacturer's warranty is in addition to, and not a limitation of, other rights the owner may have under the contract documents. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Acceptable Manufacturer - Metal Roof Panels and Associated Sheet Metal Components: Firestone Building Products LLC, Carmel, IN: www.firestonebpco.com. 1. Provide all components of system supplied or specified by same manufacturer. 2. Roofing systems manufactured by others are acceptable provided the roofing system is completely equivalent in materials and warranty conditions and the manufacturer meets the following qualifications: a. Specializing in manufacturing the roofing system to be provided. B. Substitutions: See Section 01 60 00 - Product Requirements. 1. Submit evidence that the proposed substitution complies with the specified requirements. 2.02 ROOFING SYSTEM DESCRIPTION A. Roofing System: Standing seam metal roof panels and other components, together forming a watertight assembly having the following characteristics: 1. Warranty: 15 years. 2. Panel Seam Type: Mechanically double -locked in the field with a mechanical seamer. xxx / boat house re roof - Copy 07 41 13 - 2 METAL ROOF PANELS 3. Panel Material: Steel, 22 or 24 per alternates gage, with fluoropolymer finish, over G90 hot -dipped galvanized coating. 4. Color: To be selected from manufacturer's standard colors. 5. Air Infiltration: Maximum of 0.007 cfm/sq ft at pressure differential of 6.24 psf, when tested in accordance with ASTM E1680. 6. Water Leakage: No uncontrollable water leakage at pressure differential of 2.86 psf, when tested in accordance with ASTM E1646. 7. Impact Resistance: Minimum of Class 4, when tested in accordance with UL 2218. 8. External Fire Resistance: Class A, when tested in accordance with ASTM E108 or UL 790. 9. Provide all necessary members and connections, whether indicated in the manufacturer's standard detail drawings or not. 10. Accessories and Their Fasteners: Capable of resisting the specified design wind uplift forces and allowing for thermal movement of the roof panel system, not restricting free movement of the roof panel system resulting from thermal forces except at designed points of roof panel fixity. 2.03 ROOF PANELS AND SHEET METAL FABRICATIONS A. Roof Panels: Firestone UNA-CLAD UC -6 Double -Lock Floating Concealed Clip Standing Seam Roofing; roofing panels roll formed and seamed in the field using only Firestone authorized and inspected equipment. 1. Seam Height: 2 inches. 2. Seam Spacing (Panel Width): 18 inches. 3. Profile: Striated. 4. Texture: Smooth. 5. Form roofing panels in longest practical lengths, true to shape, accurate in size, square, and free from distribution or manufacturing defects. B. Steel Sheet: ASTM A653/A653M, lock -forming quality, extra smooth, tension -leveled, galvanized/galvannealed steel, minimum spangle. C. Fluoropolymer Coating: 70 percent full strength Kynar 500/Hylar 5000. 1. Exposed Surface: 1.0 mil plus/minus 0.1 mil total dry film thickness. 2. Concealed Surface: 0.2 to 0.3 mils total dry film thickness. 2.04 ACCESSORY MATERIALS A. Fasteners: In strict accordance with metal roof panel manufacturer's requirements; minimize exposed fasteners. 1. Installation Clips: Manufacturer's standard stainless steel clips for concealed securement of panels. 2. Clip Fasteners: Stainless steel. 3. Fasteners Exposed to Weather: Sealed or with sealed washers on exterior side of covering to waterproof fastener penetration; washer material compatible with screw head; minimum 3/8 inch diameter washer for structural connections; gasket portion of fasteners or washers made of EPDM, neoprene, or other equally durable elastomeric material. 4. Fasteners Exposed to View: Head of color matching panel or component in which installed. B. Molded Closure Strips: Non-absorptive closed -cell or solid -cell synthetic rubber or neoprene or polyvinylchloride, or metal pre -molded to match configuration of the covering; configuration to prevent retention of water. PART 3 INSTALLATION 3.01 GENERAL A. Install roofing, insulation, flashings, and accessories in accordance with roofing manufacturer's published instructions and recommendations for the specified roofing system. Where manufacturer provides no instructions or recommendations, follow good roofing practices and industry standards. Comply with federal, state, and local regulations. xxx / boat house re roof - Copy 07 41 13 - 3 METAL ROOF PANELS B. Obtain all relevant instructions and maintain copies at project site for duration of installation period. C. Verify that shop drawings prepared by metal roof panel manufacturer have been approved and are available to installers; do not use drawings prepared by others for installation drawings. D. Verify that the specifications and drawing details are workable and not in conflict with the roofing manufacturer's recommendations and instructions; start of work constitutes acceptable of project conditions and requirements. E. Do not start work until Pre -Installation Notice has been submitted to manufacturer as notification that this project requires a manufacturer's warranty. F. Perform work using competent and properly equipped personnel. G. Temporary closures, which ensure that moisture does not damage any completed section of the new roofing system, are the responsibility of the applicator. Completion of flashings, terminations, and temporary closures shall be completed as required to provide a watertight condition. H. Install roofing only when surfaces are clean, dry, smooth and free of snow or ice; do not apply roofing during inclement weather or when ambient conditions will not allow proper application; consult manufacturer for recommended procedures during cold weather. Do not work with sealants and adhesives when material temperature is outside the range of 60 to 80 degrees F. I. Protect adjacent construction, property, vehicles, and persons from damage related to roofing work; repair or restore damage caused by roofing work. 1. Protect from spills and overspray from bitumen, adhesives, sealants and coatings. 2. Particularly protect metal, glass, plastic, and painted surfaces from bitumen, adhesives, and sealants within the range of wind-borne overspray. 3. Protect finished areas of the roofing system from roofing related work traffic and traffic by other trades. J. Until ready for use, keep materials in their original containers as labeled by the manufacturer. K. Consult membrane manufacturer's instructions, container labels, and Material Safety Data Sheets (MSDS) for specific safety instructions. Keep all adhesives, sealants, primers and cleaning materials away from all sources of ignition. 3.02 EXAMINATION A. Examine roof deck to determine that it is sufficiently rigid to support installers and their mechanical equipment and that deflection will not strain or rupture roof components or deform deck. B. Verify that surfaces and site conditions are ready to receive work. Correct defects in the substrate before commencing with roofing work. C. Verify that the substructure installation is in accordance with the approved shop drawings and roof panel manufacturer's requirements, that the fasteners are correct for the substrate, and the substrate is installed to accommodate and support the appropriate clip spacing and attachment. D. Verify that installed work of other trades that such work is complete to a point where the roofing system installation may commence. E. Verify that roof openings, curbs, pipes, sleeves, ducts, vents, and other penetrations through roof substrate are complete and properly located. F. In event of discrepancy, notify Architect in writing; do not proceed with installation until discrepancies have been resolved. 3.03 ROOF PANEL INSTALLATION A. Install the metal roof panel system in accordance with the manufacturer's instructions, installation drawings, and approved shop drawings, so that it is weathertight and allows for thermal movement. xxx / boat house re roof - Copy 07 41 13 - 4 METAL ROOF PANELS B. Locate and space all fasteners in accordance with roof panel manufacturer's recommendations. For required exposed fasteners, use proper torque settings to obtain controlled uniform compression for a positive seal without rupturing the sealing washers. C. Do not place utility penetrations through the panel seams. D. Do not allow panels or trim to come into contact with dissimilar materials (i.e. copper, lead, graphite, treated lumber, mortar, etc). Protect from water run-off from these materials. E. Perform field cutting of panels and related sheet metal components by means of hand or electric shears. At no time shall a hot/friction saw be used. F. Remove protective film immediately after installation. 3.04 FLASHING AND ACCESSORIES INSTALLATION A. Install flashings, including laps, splices, joints, bonding, adhesion, and attachment, as required by roof panel manufacturer's recommendations and details. B. Flashing at Penetrations: Flash all penetrations passing through the membrane; make flashing seals directly to the penetration. 1. Pipes, Round Supports, and Similar Items: Flash with specified pre -molded pipe flashings wherever practical. 2. Where pre -molded pipe flashings are not practical, provide flashing detail as recommended by metal panel manufacturer. 3.05 FIELD QUALITY CONTROL A. Inspection by Manufacturer: Provide final inspection of the roofing system by a Technical Representative employed by roofing system manufacturer specifically to inspect installation for warranty purposes (i.e. not a sales person). B. Perform all corrections necessary for issuance of warranty. 3.06 ADJUSTING AND CLEANING A. Repair panels having minor damage. B. Remove panels damaged beyond repair and replace with new panels to match adjacent undamaged panels. C. Clean exposed panel surfaces promptly after installation in accordance with recommendations of panel and coating manufacturers. D. Clean all contaminants generated by roofing work from building and surrounding areas, including adhesives, sealants, and coatings. E. Repair or replace building components and finished surfaces damaged or defaced due to the work of this section; comply with recommendations of manufacturers of components and surfaces. F. Remove leftover materials, trash, debris, equipment from project site and surrounding areas. 3.07 PROTECTION A. Where construction traffic must continue over finished roof panels, provide durable protection and replace or repair damaged roofing to original condition. END OF SECTION 07 41 13 xxx / boat house re roof - Copy 07 41 13 - 5 METAL ROOF PANELS SECTION 07 62 00 SHEET METAL FLASHING AND TRIM PART 1 GENERAL 1.01 SECTION INCLUDES A. Fabricated sheet metal items, including flashings, counterflashings, gutters, downspouts, sheet metal roofing, window flashing, and other items indicated in Schedule. 1.02 RELATED REQUIREMENTS A. Section 07 61 00 - Sheet Metal Roofing. B. Section 07 71 00 - Roof Specialties: Preformed flashings and manufactured expansion joint covers. 1.03 REFERENCE STANDARDS A. AAMA 2605 - Voluntary Specification, Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels; 2011. B. ASTM A653/A653M - Standard Specification for Steel Sheet, Zinc -Coated (Galvanized) or Zinc -Iron Alloy -Coated (Galvannealed) by the Hot -Dip Process; 2011. C. SMACNA (ASMM) - Architectural Sheet Metal Manual; Sheet Metal and Air Conditioning Contractors' National Association; 2012. 1.04 QUALITY ASSURANCE A. Perform work in accordance with SMACNA Architectural Sheet Metal Manual requirements and standard details, except as otherwise indicated. PART 2 PRODUCTS 2.01 SHEET MATERIALS A. Pre -Finished Galvanized Steel: ASTM A653/A653M, with G90/Z275 zinc coating; minimum 0.02 inch thick base metal, shop pre -coated with PVDF coating. 1. PVDF (Polyvinylidene Fluoride) Coating: Superior Performance Organic Finish, AAMA 2605; multiple coat, thermally cured fluoropolymer finish system. 2. Color: As shown on drawings. 2.02 FABRICATION A. Form sections true to shape, accurate in size, square, and free from distortion or defects. B. Form pieces in longest possible lengths. C. Hem exposed edges on underside 1/2 inch; miter and seam corners. D. Form material with flat lock seams, except where otherwise indicated. At moving joints, use sealed lapped, bayonet-type or interlocking hooked seams. E. Fabricate corners from one piece with minimum 18 inch long legs; seam for rigidity, seal with sealant. 2.03 GUTTER AND DOWNSPOUT FABRICATION A. Gutters: SMACNA Architectural Sheet Metal Manual, Rectangular profile. B. Downspouts: Rectangular profile. C. Gutters and Downspouts: to match existing . D. Seal metal joints. PART 3 EXECUTION 3.01 EXAMINATION A. Verify roof openings, curbs, pipes, sleeves, ducts, and vents through roof are solidly set, reglets in place, and nailing strips located. B. Verify roofing termination and base flashings are in place, sealed, and secure. xxx / boat house re roof - Copy 07 62 00 - 1 SHEET METAL FLASHING AND TRIM 3.02 INSTALLATION A. Secure flashings in place using concealed fasteners. Use exposed fasteners only where permitted. B. Apply plastic cement compound between metal flashings and felt flashings. C. Fit flashings tight in place. Make corners square, surfaces true and straight in planes, and lines accurate to profiles. D. Seal metal joints watertight. E. Secure gutters and downspouts in place using concealed fasteners. 3.03 SCHEDULE A. Fascia and Cornices at roof: B. Gutters and Downspouts: C. Coping, Cap, Parapet, Sill and Ledge Flashings: D. Sheet Metal Roof Expansion Joint Covers, and Roof -to -Wall Joint Covers: E. Counterflashings at Roofing Terminations (over roofing base flashings): F. Counterflashings at Curb -Mounted Roof Items, including skylights and roof hatches: G. Roofing Penetration Flashings, for Pipes, Structural Steel, and Equipment Supports: H. Snow Guards: xxx / boat house re roof - Copy END OF SECTION 07 62 00 07 62 00 - 2 SHEET METAL FLASHING AND TRIM FYI I asked Chris Wendland to add the following to the ordinance: 1. Change made to section 5-1-13(B), to add the 3 -day period. 2. New paragraph 4 added to 5 -1B -7(I), about change of address. 5-1-1: ANIMALS AT LARGE: A. No cattle, horses, mules, swine, sheep, goats, or any geese, ducks, turkeys, chickens or other animal or fowl (hereinafter referred to as animal) shall be allowed to run at large within the city, nor shall any animal be permitted to be staked or tied out to graze on or in front of any person's premises, without the consent of such person, nor shall any animal be permitted to be staked or tied out to graze in public streets, alleys or avenues of the city. B. Any animal found in violation of the provisions of any of the subsections of this section by a sanitary inspector, animal control officer or any police officer of the city, or any other person, may be apprehended and impounded with the city, or an alternate pound or shelter designated by the city. It shall be unlawful for any person employed by the city, or any person employed by or connected with the animal pound or shelter or any society or organization operating or maintaining such pound or shelter under lease or contract with the city, to sell, give away or dispose of, through any pretext or by any device or means whatsoever, any animal impounded in such pound or shelter to any person, organization or research facility for the purpose of using such animal as food, unless such animal is of a type that is customarily used for food, or for the purpose of medical experimentation unless the research facility, person or organization desiring such animal for medical experimentation is duly approved and authorized by the state to conduct such experimentation, or for any other purpose except for pets and related activities. C. The harboring of any animal requires that the following guidelines be followed: 1. All such species must be restrained upon the owner's property and penned (housed or stabled) in such a manner that the animals will not place any person in fear of attack. 2. All animals that are included in this section shall be required to have adequate space as so designated by the zoning ordinance according to the size and needs of the various animals, and each animal shall be so restrained in an area to allow proper exercise for the particular species involved. 3. When the owner restrains (harbors) any animal in an area not adjoining the owner's residence, the owner shall post his name, address and phone number at the place where the animal is being restrained (harbored). D. Any wild, nondomestic animals, reptiles or birds, in captivity in the metropolitan area of the city, except such animals that are within the city for the purposes of display by a show, act, carnival, zoo, circus or promotional agency, which are known to be dangerous, poisonous, vicious or ferocious, shall be registered with the following agencies of the city: the animal control officer, the police department and the humane society. If such animals are in the metropolitan area as part of a show, act, carnival, zoo, circus or promotional agency, then such group shall show adequate and ample restraints placed upon the animals as to protect the health and safety of the exposed public. If such animal becomes at large within the city and poses a threat to the public, it shall be assumed that the owner has given consent to eliminate the animal with the cost to be borne by the owner. The mayor, the animal control officer or any police officer may order the elimination of such animal. E. Fees And Charges: The owner or caretaker of an animal of any type that is restrained or impounded in accordance with the provisions of this chapter shall be liable to pay all costs of impoundment. The costs of impoundment shall include all feed and boarding fees, tattoo or microchip implant fees, testing fees for rabies or other communicable diseases, fees for sedation and special handling, and charges for reasonable medical services, equipment or supplies. In addition, the owner or caretaker shall pay to the city clerk a pickup fee of twenty-five dollars ($25.00) for the first pick up which occurs in a calendar year and ten dollars ($10.00) per day for a holding fee. The pickup fee shall increase ten dollars ($10.00) for each additional pickup fee incurred within the calendar year (i.e., second pickup fee is $35.00, third pickup fee is $45.00, etc.). All fees or charges of any type or nature shall be paid in full at the time the animal is redeemed. 5-1-2: SWINE PROHIBITED; EXCEPTIONS: A. No person shall keep or harbor any pigs or have any pig pens or pig sties within the city, except as follows: 1. Nothing contained in this section shall prevent the harboring and keeping of pigs and use of pig pens and sties in connection with a general farming operation on tracts of farmland of the size of forty (40) acres or greater. 2. Nothing herein contained shall prevent the keeping of pigs and use of pig pens and sties within the confines of any meatpacking plant where such pigs have been brought for butchering and processing. 3. Nothing herein contained shall prevent the keeping of pigs which are housed at the Sunrise Exchange Club Petting Zoo. B. The provisions of this section shall be subject to the provisions of this code and other ordinances of the city relating to nuisances. 5-1-3: USE OF TRANQUILIZER GUNS AND DRUGS: A. The animal control officer, his agents or any police official shall be able to use a tranquilizer gun or any other drug to bring an animal at large under control. B. In order to use a tranquilizer gun or other drugs, the animal must be at large and pose a threat or danger to the general public or to the city officer trying to bring the animal under control. C. If it becomes necessary for the animal control department or the police department to use a tranquilizer gun or other drugs to bring an animal at large under control, the city shall not be held responsible for any damage done to the animal by the use of the tranquilizer gun or other drugs. D. The owner of the animal that needs sedation to bring it under control shall pay for costs of the sedation and for the care and feeding while the animal is under control of the city or the humane society. 5-1-4: DISPOSAL OF DEAD ANIMALS: A person caring for or owning any animal that has died shall not allow the carcass to remain about his premises. Such carcass shall be disposed of within twenty four (24) hours after death. 5-1-5: TRAPPING RESTRICTIONS: No person shall set or use any steel, claw, leghold, conibear, snare or box trap outside of any structure or building for the purpose of taking, killing, maiming, wounding, ensnaring or capturing an animal or which is injurious to persons or animals, except for the following: A. Any trapping by a governmental unit to capture animals which are creating a public nuisance or for the protection of public or property; B. Licensed pest and rodent control persons in protection of private property; 2 C. During the season allowed by the state conservation commission for taking of fur -bearing animals on parcels of land privately owned of forty (40) acres or more, or public land controlled by a governmental agency issuing such rights to trapping; D. Wire cage box traps may be used to remove nuisance pests from private property; said traps must be checked every twelve (12) hours; E. A private property owner on his private property in order to control small rodents, such as gophers, moles and other similar animals. 5-1-6: CRUELTY TO ANIMALS: No theatrical exhibit, circus, animal act or show shall be held in which animals or fowl are encouraged or made to perform through the use of chemical, electrical or mechanical means or devices. If any person shall torture, torment, mutilate, cruelly beat or cruelly kill any animal or fowl, or unnecessarily fail to provide the same with adequate feed and water, shelter or protection from the weather, or cruelly abandon the same, or shall commit any other act of omission by which unjustifiable pain, distress, suffering or death is caused or permitted to any animal or fowl, whether the acts or omissions herein contemplated be committed either maliciously, wilfully or negligently, and if any person shall knowingly permit such act or omission or shall cause or procure the same to be done, he shall be deemed guilty of a misdemeanor. 5-1-7: USE OF ANIMALS RESTRICTED: A. Artificially Colored Animals; Sale: No chick, duckling, gosling or rabbit that has been dyed or otherwise colored artificially may be sold or offered for sale, raffled, offered or given as a prize, premium or advertising device, or displayed in any store, shop, carnival or other public place. B. Use As Advertising Devices: 1. Chicks, ducklings and goslings, younger than four (4) weeks of age may not be sold or offered for sale, raffled or offered or given as a prize, premium or advertising device, in quantity of less than twelve (12) birds to an individual person unless sold by a person engaged in the business of selling chicks, ducklings and goslings for agricultural or wildlife purposes. 2. Stores, shops, vendors and others displaying chicks, ducklings or goslings to the public, shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings or goslings in good health, and shall keep adequate food and adequate water available to the birds at all times. 5-1-8: SANITARY CONDITIONS MAINTAINED: A. Sanitary Premises: It shall be unlawful for the owner, caretaker or person in charge of any dog, cat, horse or other animal to permit excrement or droppings from any of said animals to collect on the premises of said person causing odor or an unsanitary condition. Each owner, caretaker or person in charge of an animal shall prevent said animal from interfering with any neighboring residents' peaceful and quiet enjoyment of their property. B. Owner To Clean Up Droppings: It shall be unlawful for any owner, caretaker or person in charge of a dog, cat, horse or other animal to fail to clean up and/or remove as soon as possible any excrement or droppings deposited by said dog, cat, horse or other animal on any real estate, whether privately owned or publicly owned, other than on the premises of the owner, caretaker or person in charge; provided, however, that the foregoing does not apply to excrement or droppings deposited by Waterloo police dogs or horses when police officers are using said dogs or horses for official police duties. 3 C. Confined Animal Waste Disposal Systems; Exterior Residential Use Only: Anyone who owns or otherwise cares for any animal in a residential zone, as defined in the Waterloo zoning ordinance, and who intends to install a confined waste system shall conform to all of the following requirements: 1. The confined waste system container (hereinafter "container") shall have a maximum volume of two and thirty six -hundredths (2.36) cubic feet or seventeen and seventy two -hundredths (17.72) gallons. 2. The container shall be placed in an area of the property not normally occupied or used for play or recreation, and the container shall be buried so that the lid remains exposed. 3. The container shall have a waterproof lid that shall remain closed at all times. The lid may be removed only when animal excrement or droppings are deposited or added. The lid shall, thereafter, be immediately replaced. 4. Lime or activated enzymes shall be added periodically to promote the continued decomposition of waste. 5. Enforcement of this subsection shall be by the Black Hawk County health department and/or the animal control officer, as designated by the city council. 5-1-9: ANIMALS BITING PERSONS: A. Duty to Report: It shall be the duty of the owner or caretaker of any dog, cat or any other animal which has bitten or attacked a person, or of any person having knowledge of such bite or attack, to report this act to the health department, police department or animal control. It shall be the duty of physicians or veterinarians to report to the health department the existence of any animal known or suspected to be suffering from rabies. B. Confinement: When a member of the health department, police department, animal control or humane officer receives information that any person has been bitten or attacked by an animal, or that a dog, cat or other animal is suspected of having rabies, the official shall order the owner or caretaker to confine such animal in the manner and place the official directs. If the owner or caretaker fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such official, and after ten (10) days the animal may be humanely destroyed if it is not redeemed. Before such animal is returned to its owner or caretaker, all fees and charges of impoundment as set forth in section 5-1-1(E) must be paid in full. 5-1-10: NOISY OR ANNOYING ANIMALS: It shall be unlawful for the owner or caretaker of a dog, cat or other animal to permit or allow said dog, cat or other animal to cause serious annoyance or disturbance to a person or persons by frequent and habitual howling, whining, yelping, barking or other vocal emittance to the unreasonable annoyance of others. After the first written warning, residents of at least three (3) neighboring households must sign a citation or a petition. If the party charged pleads not guilty, the signatories will be asked to appear in court to testify. Proof of ownership of a dog, cat or other animal shall constitute in evidence a prima facie presumption of permission of the owner in any proceedings charging any violation of this subsection. 5-1-11: CHRONIC VIOLATORS: A. If the owner or caretaker of a dog, cat or other animal is charged or cited, more than three (3) times in any period of twelve (12) months, with a violation of this chapter that requires a service call by animal control to a specific location, a nuisance is hereby declared to exist due to excessive service calls by animal control that place an undue and inappropriate burden on the taxpayers of the city, and said 4 person shall be charged a nuisance service fee of $50.00 per hour per officer for subsequent responses involving the same person or his or her household. Any fraction of an hour is tabulated as a complete hour. B. Written notice that a person is a chronic violator of this chapter shall be directed to such person, and such notice is appealable to the city council as set forth in section 5-1-12. C. For any person whose status as a chronic violator is not overturned on appeal, any subsequent service fees chargeable to such person after the date of initial notice will be assessed against the person's property, as shown by the city's animal licensing or registration records, in the manner of a property tax if the service fees are not paid within thirty (30) days. 5-1-12: ADMINISTRATIVE PROCEDURES: A. Any notice or order issued under this chapter shall be in writing and shall be delivered either personally, by certified mail or by conspicuous posting on the entry door of the premises. A notice or order shall be deemed to have been delivered at the time of personal delivery, three (3) business days after the date of mailing, or one (1) business day after posting. B. Bonds: Any bond required by this chapter shall be in an amount totaling the current daily rate of impoundment at animal control multiplied by forty-five (45) days, but not to exceed seven hundred fifty dollars ($750.00). The bond may be filed as a cash bond or a surety bond executed by a solvent company authorized to do business in the State of Iowa and which is acceptable to the city. If the city council ultimately reverses the notice or order appealed from, all costs paid and any bond posted by the owner or caretaker shall be refunded. If the animal or dog is found to have been kept, harbored, or sheltered in violation of this chapter, any fees or charges incurred in caring for the animal or dog, as set forth in section 5-1-1(E), through the appeal process shall be charged against the bond, and the owner or caretaker shall be liable for any excess. C. Appeal Procedure: 1. Any individual or entity desiring to appeal a notice or order issued by animal control may do so by filing a written appeal with the city clerk within seven (7) days after the date of delivery of such notice or order. The notice of appeal shall state the grounds for such appeal. In addition, a filing fee of fifty dollars ($50.00) must also be paid to the city clerk for the appeal to be considered filed. 2. The hearing on the appeal shall be scheduled for a date within thirty (30) days of the receipt of notice of appeal and shall be scheduled for no more than thirty (30) minutes in length or such additional time as the city council in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the city council for an extension at least seven (7) days prior to the hearing. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council may consider any evidence it considers credible, including written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing, the city council by simple majority may affirm or reverse the finding or order of the animal control officer. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof, and the city clerk shall deliver a copy of the decision to the appellant. 5-1-13: ENFORCEMENT: A. In addition to any police officer of this city, animal control officers shall have police powers in enforcement of this chapter; and no person shall interfere with, hinder, molest or abuse any such officer in the exercise of his or her powers. For the purpose of discharging the duties imposed by this 5 chapter and to enforce its provisions, any officer is empowered to enter upon any premises upon which a dog, cat or other animal is kept or harbored and to demand proof by the owner or caretaker of such dog, cat or other animal that the animal is licensed and has had the proper rabies vaccination tag. B. If a police officer or animal control officer shall find upon inspection of a private premises that a dog, cat or other animal has not received rabies shots, is not licensed, or has inadequate feed, water or shelter, the officer may remove said dog, cat or other animal to the city impoundment facility, with a veterinarian or at a kennel. Following impoundment, animal control shall give written notice to the owner, if known, within two (2) days. If the owner does not redeem the dog, cat or animal within five (5)ceven ( ; days after the date of the notice, or if the owner is not known and animal control is not contacted by an owner or caretaker within three (3) days after impoundment. the animal may be humanely destroyed or, in appropriate circumstances as determined by animal control, may be disposed of by sale or by donation to a suitable animal shelter or rescue organization. Fees and charges of said removal and boarding of said animal, as set forth in section 5-1-1(E), shall be paid by the owner or caretaker of the dog, cat or other animal from whom it was taken. 5-1-14: DEFINITIONS: For purposes of this chapter, including each article under this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section: ANIMAL CONTROL: The city department and its officers that have been appointed by the city council to enforce the animal control ordinances of the city, or another governmental agency or private party which the city council has appointed by contract for such purpose. AT LARGE: An animal is at large if it is found within the city off the premises of its owner or caretaker, however, an animal will not be deemed at large if: 1. It is properly housed in a veterinary hospital, licensed kennel, pet shop, or animal shelter. 2. It is under the control of authorized public safety personnel. 3. It is under the control of a professional handler for special events including, but not limited to, 4-H events, school events, sanctioned pet or animal shows, training activities, or animal -assisted therapy. In addition, a dog or cat, properly licensed as required by article A of this chapter, will not be deemed at large if (i) it is restrained by a rope, leash, cord, chain, or restraining device not more than four (4) feet in length, or is properly restrained within a motor vehicle or trailer, or (ii) it is within the fenced boundaries of an area designated by the city as a dog park and the owner or caretaker is present. CARETAKER: Any person having possession of an animal, for a period of more than six hours for any purpose, where the person in possession does not own the animal, other than a licensed veterinarian, animal behaviorist, animal shelter, or member of the owner's immediate family who resides in the same household as the owner. OWNER: Any person owning, keeping or harboring an animal or fowl. ARTICLE A 5-1A-1: DEFINITIONS: 6 As used in this article, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section. In addition, the words and phrases defined in sections 5-1-14 shall apply to the provisions of this article, to the extent applicable. ADEQUATE FEED: The provision at suitable intervals of not more than twenty four (24) hours or longer if the dietary requirements of the species so require, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a clean receptacle, dish or container. ADEQUATE WATER: A supply of clean, fresh, potable water supplied in a sanitary manner at least twice daily at suitable intervals for the animal and not to exceed twelve (12) hours at any interval. ANIMAL POUND OR SHELTER: A facility operated by the city for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats or other animals; or a facility operated for such a purpose under a contract with the city. BOARDING KENNEL: A place or establishment other than a pound or animal shelter where dogs or cats not owned by the proprietor are sheltered, fed and watered in return for a consideration. COMMERCIAL BREEDER: A person engaged in the business of breeding dogs or cats, or both, for sale, whether or not such animals are raised, trained, groomed or boarded by such breeder. COMMERCIAL KENNEL: A kennel which performs grooming or training services for dogs or cats, or both, and may or may not render boarding services in return for a consideration. DEALER: Any person who is engaged in the business of buying for resale or selling or exchanging dogs or cats as a principal or agent, or who holds himself out to be so engaged. both, are kept for the hobby of the houscholder, in using them for hunting or practice training or for traded or exchanged during a calenda ten (10) dogs or cats, or both, of either sex per year and may raise or sell not more than fifteen (15) kennel. If the keeper of a hobby kennel sells, trades or transfers more than fifteen (15) offspring during kennel is to be limited by the zoning ordinances of the city when and if they apply. HOUSING FACILITY: Any room, building or area used to contain a primary enclosure or enclosures. KENNEL: An area of private property that is sheltered where dogs or cats are kept under constant restraint. OUTDOOR FACILITIES: A. Shelter From Sunlight: When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all dogs or cats and any other animal kept outdoors to protect themselves from the direct rays of the sun. B. Shelter From Rain Or Snow: Dogs, cats and other animals kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow. C. Shelter From Cold Weather: Shelter may be provided for all dogs or cats and any animals kept outdoors when the atmospheric temperature falls below fifty degrees Fahrenheit (50°F). Sufficient 7 clean bedding material or other means of protection from the weather elements shall be provided when the ambient temperature falls below that temperature to which the species is acclimated. D. Drainage: A suitable method shall be provided to rapidly eliminate excess water from the living area of the dog or cat or other animal. PET SHOP: An establishment where any dog, cat or other animal or fowl, or other vertebrate animal is sold, exchanged or offered for sale to the general public. PRIMARY ENCLOSURE: Any structure used to immediately restrict an animal to a limited amount of space, such as a room, pen, cage or compartment. RESEARCH FACILITY: Any school or college of medicine, veterinary medicine, pharmacy, dentistry or osteopathy, or hospital, diagnostic or research laboratories, or other educational or scientific establishment situated in this state concerned with the investigation of, or instruction concerning the structure or function of, living organisms, the cause, prevention, control or cure of diseases or abnormal conditions of human beings or animals. TRANQUILIZE: To temporarily sedate any animal for gaining control. 5-1A-2: LICENSES REQUIRED: A. Annual License: The owner of all dogs and cats, six (6) months old or older, shall annually obtain a license therefor as hereinafter provided. B. Application By Owner: The owner of a dog or cat, for which a license is required, shall on or before January 1 of each year apply to the city clerk for a license for each dog or cat owned by said owner. Such application or license may be made after January 1, and at any time, for a dog or cat which has come into the possession or ownership of the applicant, or which has reached the age of six (6) months after said date. C. Form Of Application: Subject application shall be in writing on blanks provided by the city clerk, and shall state the breed, sex, age, color, markings and name, if any, of the dog or cat, and the address of the owner and be signed by said owner. Such application shall also state the date of the most recent rabies vaccination, the type of vaccine administered and the date the dog or cat shall be revaccinated. D. License Fees: 1. The annual license fee shall be tenfive dollars ($5.00) for each dog or cat that has been spayed or neutered, otherwise the annual license fee shall be twenty-five dollars ($25.00) for each dog or cat. • _ _ -_ _ _ _ . _ - -- •_ _ _ _ - -, if paid by March 31 or within ninety (90) days after the date on which any dog or cat that is not licensed first becomes subject to licensure under subsection B above. Any fee not paid by the due date shall increase to ten dollars ($10.00) and fifty dollars ($50.001. respectively. 1 A. 1.1 Duplicate licenses shall be issued at a cost of five dollars ($5.00). 3. The city license fee shall be waived for all dogs or cats if the owner of said dogs or cats has a valid license issued by the State of Iowa that allows the keeping of such animals. 4. The owner of all dogs or cats six (6) months old or older must comply with all the provisions of this article, including but not limited to the obtaining of rabies vaccination and license tag, even if 8 the license fee has been waived. A written certificate from a licensed veterinarian shall be required to prove that a dog or cat is incapable of breeding and has been vaccinated for rabies. E. Term Of License: All licenses shall expire on January 1 of the year following the date of issuance, and a license tag issued for one dog or cat shall not be transferable to another dog or cat. F. Transfer Or Change Of Ownership: When the permanent ownership of a dog or cat is transferred, the license for the same may be transferred by the city clerk by the notation on the license record giving name and address of the new owner. G. Implied Consent: The application for and the receipt of a license as required herein shall include an implied consent by the owner to permit an inspection of both real and personal property under his control for the purpose of carrying out the provisions of this article, including inspection for cruelty to animals or an inspection of sanitary conditions. H. Delinquent Licenses: All license fees for dogs or cats become delinquent on April 1 in the year in which they are due and payable, and a penalty shall be added to each unpaid license on or after said date in the like amount of the annual license fee as hereinbefore set out in subsection D of this section. 5-1A-3: EXCEPTIONS TO LICENSE REQUIREMENTS: The foregoing requirements for licenses for dogs or cats shall not apply to dogs or cats that are under the control of the owners or handlers while in transit or to be exhibited or to nonresidents of the city if they are in the state for less than thirty (30) days or which are assigned to a research institution or like facility. The license fee shall be waived for all dogs or cats if the owner of said dogs or cats has a valid state license for said dogs or cats. 5-1A-4: RABIES VACCINATION REQUIRED: A. Required: Every owner of a dog or cat shall obtain a rabies vaccination for such animal. It shall be unlawful for any person to own or have a dog in his possession six (6) months of age or over which has not been vaccinated against rabies. B. Type Of Vaccine: The rabies vaccination required by subsection A of this section shall be an injection of antirabies vaccine approved by the Iowa state department of agriculture, and the frequency of revaccination necessary for approved vaccination shall be as established by subject department. The vaccine shall be administered by a licensed veterinarian and shall be given as approved by the Iowa state department of agriculture. Evidence of said rabies vaccination shall be a certificate of vaccination signed by a licensed veterinarian, and the certificate shall show that the vaccination does not expire within six (6) months from the effective date of the dog or cat license. 5-1A-5: LICENSE TAGS: A. Required: The city clerk shall, upon receipt of application, payment of license fee and proof of rabies vaccination, provide to the applicant a license which shall be in the form of a metal tag. B. Use Of License Tag: Said license tag shall be attached by the owner of a dog or cat to a substantial collar or harness and during the term of license shall be at all times kept on the dog or cat for which the license is issued. On the expiration of the license, the owner shall remove said tag from the dog or cat. 5-1A-6: PROHIBITED ACTS AND CONDITIONS: 9 A. At Large: It shall be unlawful for the owner or caretaker of a dog or cat to permit or allow such dog or cat to be at large. Any dog or cat found at large shall be presumed to be so with the permission of its owner or caretaker, and proof of ownership and that said dog or cat was at large shall constitute in evidence a prima facie presumption in any proceeding charging any violation of this subsection. As to any dog at large under the circumstances described in section 5-1 B-9, violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. For purposes of determining the civil penalty applicable to subsequent municipal infraction offenses, any violation of this subsection that occurs after the first offense is a subsequent offense. B. Dogs Or Cats Attacking, Causing Damage Or Injury: 1. It shall be unlawful for the owner or caretaker of a dog or cat to permit such dog or cat to attack persons or domestic animals or to destroy property, or to permit such dog or cat to place persons in reasonable fear of attack or injury. Proof of ownership of a dog or cat and that said dog or cat did attack persons or domestic animals, destroy property, or place persons in reasonable fear of attack or injury shall constitute in evidence a prima facie presumption of permission of the owner or caretaker in any proceeding charging violation of this subsection. 2. Animal control shall have discretion about whether to charge a violation of this subsection, depending on the particular circumstances and whether the animal constitutes a risk of attacking again, and in exercising such discretion animal control may be aided by the professional opinion of a veterinarian or trained animal behaviorist. If a decision is made to charge a violation concerning a dog, then animal control will classify the dog as potentially dangerous, dangerous or vicious pursuant to article B of this chapter and will provide written notice of same to the owner or caretaker. 3. The owner or caretaker of a dog that has attacked must produce the dog to animal control for rabies testing, at the cost of the owner or caretaker. If the dog is not produced, it may be seized and the owner or caretaker will be guilty of a municipal infraction. C. Female Dogs Or Cats In Heat: The owner or caretaker of any female dog or cat in heat shall confine said female dog or cat in a building, or keep the same in his or her presence so that the said female dog or cat cannot come into contact with another animal except for planned breeding. D. Feeding Feral Cats: It shall be unlawful for any person to feed any cat that is at large without a collar, license tag, or imbedded ownership chip, except for a person who does so as an authorized participant in a city -sponsored program to trap, neuter and release such cats. E. LittersPuppics: It shall be unlawful for any person who does not possess a commercial breeder license or permit issued by the State of Iowa or the federal government to keep, shelter, or harbor a female dog or a female cat with itsa litter that at any time exceeds two (2) offspringpuppics, unless the person registers the litter with animal control within five (5) days of birth or acquisition and pays a registration fee of fifty dollars ($50.00). - - . • - American Kennel Club. Animal control may seize the entire litter of puppies and the mother that are in the possession of any person violating this paragraph, and the person shall be guilty of a municipal infraction. - - --- - -- - ---- - 5-1A-7: KENNEL PREMISES; NONCONFORMING USE: Any premises declared by this article to be a kennel that is not located in a properly zoned district under the provisions of the Waterloo zoning ordinance, is hereby declared to be a nonconforming use. Said use of a premises as a kennel shall not be enlarged, extended, reconstructed, substituted or structurally altered except when required by law, nor shall the number of dogs or cats over six (6) months of age be increased. Whenever a dog or cat, owned or kept on a premises declared by this article to be a kennel, 10 dies or is sold or is given away, said dog or cat shall not be replaced until such time as the use of said premises is no longer a kennel and a nonconforming use as defined by this section. In addition, in the event that the use of a premises as a kennel is discontinued for a period of one year, use of the same shall conform thereafter to the uses permitted in the zoning district in which it is located. 5-1A-8: MUNICIPAL POUND: A. City May Establish: The city may establish and maintain a municipal animal pound or shelter to be conducted and operated by the city. It shall be the duty of the authorized persons appointed by the city to supervise and control such pound or shelter, to cause it to be kept in a sanitary condition and free from offensive odors, to provide adequate and wholesome food for animals impounded therein, to provide careful and humane treatment toward such animals, to isolate diseased animals, and to provide for humane destruction of animals when necessary. B. Contract For Care: In lieu of the establishment and maintenance of animal pounds, the city may contract with any incorporated society or association for the prevention of cruelty to animals for the collection and protection of licensed or unlicensed dogs, cats and other animals, for the maintenance of a shelter or pound for licensed or unlicensed dogs, cats or other animals, for the collection of dogs or cats, or other animals "at large" as herein defined, for the destruction or other disposition of seized dogs or cats, or other animals, not redeemed as provided by this article, for the disposal of dead animals, and to assist in the collection of licenses upon dogs and cats. 5-1A-9: IMPOUNDMENT OF ANIMALS; REDEMPTION: A. Apprehension And Impoundment: Any dog or cat found running at large, whether or not wearing a license tag and valid rabies vaccination tag, may be apprehended and impounded. If the owner does not redeem the dog or cat within five (5) days after the date of notice, or if an animal without identification is not redeemed within three (3) days after impoundment, the dog or cat may be humanely destroyed or, in appropriate circumstances as determined by animal control, may be disposed of by sale or by donation to a suitable animal shelter or rescue organization. B. Permanent Identification: Each dog apprehended after being found at large, and each dog confined pursuant to section 5-1-9(B), shall be assigned a registration number by animal control_ prior to being released to its owner or caretaker If a registration number has not previously been, which shall be affixed to the dog by permanent microchip implant, tattoo or some other permanent means, then before the dog is released to its owner or caretaker the registration number shall be so affixed by a licensed veterinarian or other person acceptable to the city, at the expense of the owner or caretaker. If multiple forms of identification are available, the owner or caretaker may select the type to be used. No person shall remove or alter such identification once it is affixed. C. Spay/Neuter: An owner or caretaker of a dog or cat apprehended after being found at large must have the animal spayed or neutered within thirty (30) days after redemption and provide documentary proof of same to animal control within ten (10) days after the procedure. If the owner or caretaker fails to spay or neuter the animaldog, then animal control may seize it and, in appropriate circumstances as determined by animal control, the animal dog may be destroyed or disposed of by sale or by donation to a suitable animal shelter or rescue organization. D. Redemption Of Animal: Unless the animal is to be destroyed by order of animal control, or unless the animal is being tested for rabies or other communicable diseases, any dog or cat that was impounded may be redeemed by the owner or caretaker thereof upon payment of all fees and charges as set forth in section 5-1-1(E) within the applicable time allowed by this chapter or by order of animal control or the city council. 5-1A-10: VIOLATION; PENALTY: 11 Unless any section of this article prescribes a different penalty, any person violating any provision of this article shall be deemed guilty of a municipal infraction. The court may grant any other appropriate alternative relief. ARTICLE B 5-1B-1: DEFINITIONS: As used in this article, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section. In addition, the words and phrases defined in sections 5-1-14 and 5-1A-1 shall apply to the provisions of this article, to the extent applicable. DANGEROUS ANIMAL: A. Any animal or species of animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon, or causing disease among human beings or domestic animals and having tendencies as a species to do so. B. Any animal declared to be dangerous by the city council or an animal control officer. C. The following animals or species of animals shall be deemed dangerous per se: 1. All felids, except Felis domestica (domestic cats). 2. All ursids (bears). 3. All canids, except Canis familiaris (dogs). 4. All nonhuman primates. 5. All crocodilians. 6. All venomous and constricting snakes. 7. All venomous reptiles. 8. All venomous arachnids. 9. All mustelids, except domestic ferrets. D. In addition to the exceptions stated in subsection C of this definition, the following animals shall not be considered dangerous animals, but nonetheless may be subject to applicable zoning requirements: 1. Animals kept for farming purposes, including, but not limited to, cattle, bison, pigs, horses, poultry, ostriches, emus, goats, sheep, antelope, llamas, and alpacas. 2. Constricting snakes whose adult length is less than six feet (6'), and specifically limited to corn snakes, king snakes, garter snakes, ribbon snakes, rat snakes, milk snakes, rosy boas, and ball pythons. 3. Hamsters, gerbils, guinea pigs, domestic rabbits, and domestic rats. DANGEROUS DOG: A. Any dog which bites or attacks a person or other domestic animal without provocation and causes injury not severe enough to result in a broken bone or a laceration requiring multiple sutures, or any dog that according to available records has committed such acts. B. Notwithstanding the foregoing paragraphs of this definition, a dog shall not be deemed a dangerous dog in the following circumstances: 12 1. Where the dog is used by a law enforcement official for approved law enforcement purposes. 2. Where the threat or injury was sustained by a person who was committing a willful trespass upon the premises lawfully occupied by the owner or caretaker of the dog, and the dog was properly confined or tethered as required by this chapter. 3. Where the threat or injury was sustained by a person who was committing or attempting to commit a crime on the property of the owner or caretaker of the dog, or by a person who was attacking the owner or caretaker of the dog. 4. Where the threat or injury was sustained by a person due to the person torturing, tormenting, abusing, or assaulting the dog, or intentionally inflicting pain on the dog without lawful justification, or by a person in the process of treating or rendering aid to a previously injured animal. 5. Where the dog was protecting itself or its young. 6. Where the threat or injury was sustained by a domestic animal that was at large and entered a confined area of the dog. GUARD DOG: Any dog trained or used to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog and that is either securely enclosed within that area at all times or under the continuous control of a trained handler. POTENTIALLY DANGEROUS DOG: Any dog with a tendency or disposition to bite or attack unprovoked, to otherwise endanger the safety of humans or other domestic animals B. Any dog that chases or approaches a person or other domestic animal without provocation while off its owner's or caretaker's property in a menacing fashioning or apparent attitude of attack, if the owner of such doq is convicted or pleads guilty, no contest, or the equivalent to a violation of 5 -1A -6(B) based on fear of attack or injury. C. Any dog found at Targe more than twice, or any dog found at large if the owner or caretaker thereof has been cited by animal control for any reason three (3) or more times within any twelve (12) month period. REGULATED DOG: Any dog that is a potentially dangerous dog, dangerous dog, or vicious dog as defined by this article. VICIOUS DOG: A. Any dog which bites or attacks a person or other domestic animal without provocation and causes injury that results in one or more broken bones or a laceration requiring multiple sutures, or any dog that according to available records has committed such acts. B. Any dog that kills a person or other domestic animal without provocation while off the property of its owner or caretaker. C. Notwithstanding the foregoing paragraphs of this definition, a dog shall not be deemed a vicious dog under the same circumstances in which a dog would not be deemed a dangerous dog as set forth under the definition of a dangerous dog. 5-1B-2: KEEPING OF DANGEROUS ANIMALS PROHIBITED; EXCEPTIONS: A. No person shall keep, shelter, or harbor as a pet, guard, or for other purpose, within the city, a "dangerous animal" as defined in this article, except as provided in subsection B of this section or in section 5-1B-3. 13 B. The prohibition contained in subsection A of this section shall not apply to the secure keeping of dangerous animals in the following circumstances: 1. In a bona fide, licensed veterinary hospital for treatment. 2. Under the jurisdiction of and in the possession of the natural resources commission, pursuant to Iowa Code chapters 481A and 481B. 3. At the Cedar Bend Humane Society. 4. In a public zoo, bona fide educational or medical institute or museum where they are kept as live specimens for public viewing or for purposes of research, study or instruction. 5. For purposes of bona fide religious practice or ritual. 6. For exhibition to the public by a traveling circus, carnival, exhibit or show that is duly licensed by the city. 5-1B-3: REGULATIONS ON KEEPING DANGEROUS ANIMALS: A. Report Required; Information: Every person owning, keeping, sheltering or harboring a dangerous animal pursuant to subsection 5-1 B -2(B) shall report such fact, in writing, to the animal control officer, together with the following information: 1. The species name of each animal; 2. The number of such animals of each such species kept on the premises; 3. A physical description of each such animal, including any pet names to which it might respond; 4. The location of such animal or animals within the city, including the location of the cage or place of confinement upon or in the premises wherein the animal or animals are kept; 5. In the case of poisonous dangerous animals, the location of the nearest source of antivenom for that species; and 6. The specific purpose for which the animal is kept and any use that will be made of the animal. B. Confinement Required: Every person keeping, sheltering or harboring a dangerous animal shall at all times keep such animal securely confined within a cage or enclosure. C. Poisonous Animals; Antivenom Kept: Every person owning, keeping, or harboring a poisonous dangerous animal shall be required to keep ten (10) doses of antivenom on hand and current at all times. D. Transporting Dangerous Animals: No person owning, keeping, sheltering or harboring a dangerous animal shall permit or allow such animal to enter upon or traverse any public property, park property, public right of way or other property of another, except when such animal is being transported while caged or confined. E. Escape: It shall be the responsibility of the owner or caretaker to notify animal control immediately in the event that a dangerous animal has escaped and is at large. F. At Large: In the event that a dangerous animal is found at large and unattended upon public property, park property, public right of way, or the property of someone other than its owner or caretaker, thereby creating a hazard to life or property, such animal may, in the discretion of the animal control officer, be destroyed if it cannot be confined or captured. The city shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner or caretaker of such animal prior to its destruction. G. Order To Remove: In the event the animal control officer determines that a dangerous animal is being kept, sheltered or harbored by any person or entity in violation of the provisions of this article, the animal control officer may, in his or her discretion, have such person or entity prosecuted for such violation, and he or she may order such individual or entity to remove such dangerous animal from 14 the city or destroy it. Such order shall be contained in a notice to remove the dangerous animal, which notice shall be given in writing, directed to such person or entity. H. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an order issued by the animal control officer pursuant to subsection G of this section shall follow the appeal procedures of section 5-1-12. If the city council affirms the action of the animal control officer, the provisions of section 5-1 B-12 shall apply. 5-1B-4: PROHIBITIONS ON POSSESSION OF ANIMALS: A. Persons Convicted Under State Law On Animal Contest Events: Any person who has been convicted of, or has pled guilty, no contest, or the equivalent to, e4 -an offense under Iowa Code 717D.2 shall be prohibited from owning, keeping, sheltering, or harboring within the city limits any animal of the same type (e.g., dog, rooster, etc.) involved in or at issue in such offense. Violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. B. Violation Registry: Animal control shall keep a registry of names and addresses of individuals with convictions for violating Iowa Code 717D.2 and sections 5-1B-5 or 5-1B-7 of this article. Any individual on this registry is subject to the restrictions on ownership found in this article, regardless of whether the individual changes addresses or moves to a different residence. An individual will be in violation hereof if the prohibited animal is found in their residence regardless of any claim that the animal belongs to someone else occupying the residence. C. Notice Of Violation; Confinement: In the event an animal control officer determines that an animal is being kept, sheltered or harbored by any person or entity in violation of the provisions of this section or section 5-1B-10, which determination may be based on direct observation or on a preponderance of credible evidence (such as photographs, witness affidavits, or other physical evidence), the animal control officer shall have such person or entity prosecuted for such violation and shall take the animal into custody at the expense of the owner or caretaker at a city impoundment facility, with a veterinarian or at a kennel until such time as the owner or caretaker agrees in writing to remove or destroy the animal or the city council has ruled on an appeal of the violation finding. After making a finding that an animal is being kept, sheltered, or harbored in violation of this article, animal control shall issue a written notice of violation, directed to such person or entity. D. Appeal Procedure; Compliance With Order: Any individual or entity desiring to appeal an order issued by the animal control officer pursuant to subsection D of this section shall follow the appeal procedures of section 5-1-12. The appeal cannot be filed until all costs incurred to date in caring and providing for the animal, as set forth in section 5-1-1(E), are paid and a bond is posted with the city clerk. If the city council affirms the action of the animal control officer, the provisions of section 5-1 B- 12 shall apply. 5-1B-5: REGULATED DOGS: A. Applicability: The provisions of this section apply to adult dogs only, which shall mean any dog over the age of six (6) months. B. Keeping Prohibited: No person shall keep, shelter or harbor as a pet, within the city, a regulated dog as defined in section 5-1 B-1 of this article, except as expressly permitted by this article. C. Regulated Dogs At Large: In the event that a dangerous dog or a vicious dog is found at large and unattended upon public property, park property, public right of way, or the property of someone other than its owner or caretaker, thereby creating a hazard to life or property, such dog may, in the discretion of the animal control officer, be destroyed if it cannot be captured and confined. The city 15 shall be under no duty to attempt the confinement or capture of a dangerous dog or vicious dog found at Targe, nor shall it have a duty to notify the owner of such dog prior to its destruction. D. Notice Of Violation; Confinement: If the animal control officer determines that a regulated dog is being kept, sheltered or harbored by any person or entity in violation of the provisions of this article, which determination may be based on direct observation or on a preponderance of credible evidence (such as photographs, witness affidavits, or other physical evidence) that the dog qualifies as a regulated dog as defined by this article, the animal control officer may, in his or her discretion, have such person or entity prosecuted for such violation. After making a finding that the dog is a regulated dog, animal control shall issue a written notice of violation, directed to such person or entity. At the time such notice is issued, the dog shall be taken into the custody of animal control and confined at the expense of the owner or caretaker at the city impoundment facility, with a veterinarian or at a kennel. Within seven (7) days after delivery of the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the regulated dog finding, the owner or caretaker may redeem the dog or, if it is a potentially dangerous dog, agree in writing to permanently remove the dog from the city. The owner or caretaker of any regulated dog that is redeemed must comply with the provisions of section 5-1 B-7. If the owner or caretaker fails to take all steps necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal or redemption, the dog may be destroyed in a humane manner, and the fees and charges of impoundment, as set forth in section 5-1-1(E), and with destruction of the dog shall be charged against the owner or caretaker. E. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an order issued by the animal control officer pursuant to subsection D of this section shall follow the appeal procedures of section 5-1-12. The appeal cannot be filed until all costs incurred to date in caring and providing for the dog, as set forth in section 5-1-1(E), are paid and a bond is posted with the city clerk. If the city council affirms the action of the animal control officer, the provisions of section 5-1 B-12 shall apply. F. Permanent Identification Required: A dog found to be a potentially dangerous dog, dangerous dog or vicious dog by an animal control officer, regardless of the outcome of any appeal, shall be assigned a registration number by animal control prior to the dog being released to its owner or caretaker, which shall be affixed to the dog by permanent microchip implant, tattoo or some other permanent means by a licensed veterinarian or other person acceptable to the city, at the expense of the owner or caretaker. If multiple forms of identification are available, the owner or caretaker may select the type to be used. No person shall remove or alter such identification once it is affixed. G. Destruction Of Dangerous Dogs Not Permanently Removed or Destroyed: If a regulated dog is required to be removed from the city under this section and the dog is subsequently found within city limits following the date the owner or caretaker agreed to removal, the failure to permanently remove will constitute a separate and independent violation of this section. In addition, if such dog is a dangerous dog or vicious dog it may be destroyed by the city without further action or possibility of appeal, and the costs of such destruction will be charged against the party prosecuted for the offense. H. Dog Found Potentially Dangerous, Dangerous or Vicious By Another Jurisdiction: A dog found within city limits which has previously been determined to be potentially dangerous, dangerous, vicious or a threat to the health or safety of humans or other domestic animals by court order or by any other city, county or state whose laws or regulations are substantially similar to those of this chapter shall automatically be deemed to be a potentially dangerous, dangerous or vicious dog, as appropriate, pursuant to this article, and the person or entity keeping, sheltering, or harboring it shall be issued a notice of violation pursuant to subsection D of this section. Any such dog will be impounded. Within seven (7) days after delivery of the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the regulated dog finding, the owner or caretaker may agree in writing to permanently remove the dog from the city if it is potentially dangerous. If the owner or caretaker fails to take all steps necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal, or if the dog is dangerous or vicious, the dog may be destroyed in a humane manner, and 16 the fees and charges of impoundment, as set forth in section 5-1-1(E), and with destruction of the dog shall be charged against the owner or caretaker. 5-1B-6: GUARD DOGS: The prohibition contained in this article shall not apply to keeping of guard dogs; provided, however, that guard dogs must be kept within a structure or a fenced enclosure at all times, and any guard dog found at large may be processed as a dangerous dog or vicious dog pursuant to the provisions of this article. A limit of one (1) guard dog is permitted for each residential premises and two (2) guard dogs for each non- residential premises. Any premises guarded by a guard dog shall be prominently posted with a sign containing the wording "guard dog" or words of similar import, and the owner or caretaker of such premises shall inform animal control and the police department, in writing, that a guard dog is on duty at the premises. It shall be the owner's or caretaker's responsibility to notify animal control immediately when a guard dog has escaped and is running at large. The provisions of subsections A through F, H and I of section 5-1 B-7 shall apply to the registration of guard dogs. 5-1B-7: REGISTRATION OF REGULATED DOGS: A. Registration Requirement; Penalty For Failure To Register: If animal control determines that a dog may be classified as a regulated dog, the dog cannot be owned, sheltered, housed, harbored, kept, or maintained within the city limits of Waterloo unless the owner or possessor completes a registration with animal control and receives a registration certificate authorizing ownership or possession of the dog. Animal control shall notify the owner or possessor in writing that the dog is either potentially dangerous, dangerous, or vicious. Within seven (7) days following the date that animal control delivers notice to the owner or caretaker that the dog is regulated, the owner or caretaker of the dog must obtain the registration certificate or file an appeal of such determination pursuant to subsection O. Any person found to own, shelter, house, harbor, keep, or maintain a regulated dog who has failed to register said dog or failed to file a timely appeal will be subject to an administrative penalty in the amount of fifty dollars ($50.00) and/or a municipal infraction violation punishable by a civil penalty of two hundred dollars ($200.00). In addition, the registration fee will be increased to one hundred dollars ($100.00) and animal control will impound the animal. The owner or caretaker may register the dog within seven (7) days following impoundment and obtain release of the dog if the required registration fee, administrative penalty, and all fees and charges of impoundment, as set forth in section 5-1-1(E), are paid. If the owner or possessor does not timely complete the registration process or file an appeal, the dog may be destroyed in a humane manner and all fees and charges associated with impoundment, as set forth in section 5-1-1(E), and destruction of the dog shall be charged against the owner or caretaker. Registration under this section is in addition to any licensing requirements set forth in article A of this chapter. B. Registration Form: An owner or caretaker of a dog determined to be potentially dangerous, dangerous or vicious by animal control must execute a registration form with animal control which includes the following information: 1. Name, address, and telephone number of the owner or caretaker, including proof that the owner or caretaker is over the age of eighteen (18) years; 2. Name and detailed physical description of the regulated dog 3. A photograph of the dog taken by animal control 4. Registration number assigned by animal control to the dog; 5. Veterinarian information for the dog; 6. Proof of a current rabies vaccination number and expiration date (a copy of which must be retained by animal control); 7. City license number (a copy of which must be retained by animal control); 8. Microchip or tattoo number as provided by subsection D of this section; 9. Detailed description of the incident or incidents leading animal control to classify the dog as regulated; and 17 10. Sufficient proof that the applicant has proper facilities where the animal can safely be kept to prevent it from getting loose ("proper facilities" means secure confinement indoors or secure outdoor confinement in a locked pen or structure at least 6 feet in width, 12 feet in length, and 6 feet in height, which is capped and has solid flooring to prevent the dog from digging out). C. Registration Fee And Proof Of Insurance: In addition to completion of the registration form, an owner or caretaker of a regulated dog must pay a registration fee of fifty dollars ($50.00) to register the dog with animal control and provide proof of liability insurance to animal control totaling a minimum of three hundred thousand dollars ($300,000.00) which will provide coverage for injuries, damages or loss that may be caused by the animal. Failure to pay the registration fee or to provide proof of insurance will result in denial of registration. D. Permanent Identification: The registration number assigned by animal control under this section shall be affixed to the regulated dog by permanent microchip implant or tattoo by a licensed veterinarian or other person acceptable to the city, at the applicant's expense. No person shall remove or alter such identification once it is affixed. E. Issuance Of Registration Certificate: If all requirements of this section are met, the applicant will be issued a registration certificate entitling them to own, maintain, possess, or shelter the regulated dog within city limits. F. Prohibition On Registration For Owners With Prior Convictions: An applicant who has previously been convicted of. or has pled guilty, no contest, or the equivalent to. an offense under Iowa Code 717D.2, who has been convicted of a violation of section 5-1B-5 of this article, or who has pled guilty, no contest, or the equivalent with respect to any such offense or violation, shall not be permitted to register a dog under this section. G. Exception For Veterinarians And Shelters: The provisions of this section will not apply to any licensed veterinarian or animal shelter providing services in such capacity. H. Renewal Of Registration: A registration certificate issued pursuant to this section must be renewed annually. The owner or caretaker of the regulated dog may renew the certificate for an additional twelve (12) months following expiration of the current registration certificate, provided that he or she pays the registration fee of fifty dollars ($50.00), provides proof of current insurance, and updates any registration information previously provided. Additional Notification Responsibilities: 1. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control immediately if the dog is loose or not confined, has attacked another domestic animal, or has attacked a human being. 2. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control within forty-eight (48) hours of the dog's death. Documentation from a veterinarian or physical proof that the dog is deceased will need to be provided to animal control. 3. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control within forty-eight (48) hours if the dog has been sold, relocated or given away and shall provide animal control with the name, address, and telephone number of the new owner or caretaker of the dog. 4. An owner or caretaker of a regulated doq must notify animal control of any change of address within fourteen (14) days after the change. 18 J. Spay/Neuter: An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must have the animal spayed or neutered within thirty (30) days of issuance of the registration certificate and provide documentary proof of same to animal control within ten (10) days of the procedure. If the owner or caretaker fails to spay or neuter the dog, then animal control may seize it, and, in appropriate circumstances as determined by animal control, the dog may be destroyed or disposed of by sale or by donation to a suitable animal shelter or rescue organization. K. Obedience Training: Within ninety (90) days following the initial registration of a potentially training and provide proof of completion to animal control. �K. Conditional Removal Of Registration Requirement: If, within three (3) years of registration as a potentially dangerous dog, there have been no further incidents that satisfy the standards for such dog to be deemed potentially dangerous, the dog's registration requirement may be reviewed by animal control upon the owner's request. If animal control chooses to lift the registration requirement, the dog in question may still be declared potentially dangerous, dangerous or vicious at any future date if it meets the standards for classification as such. In the event that animal control chooses to maintain the registration requirement for the dog, such decision shall be appealable to the city council. 1 ML. Automatic Enhancement of Regulated Status: After registration as a potentially dangerous dog, if a dog is found to have further demonstrated the behavior of a potentially dangerous dog at least two (2) times within any consecutive twelve (12) month period, such dog will automatically be deemed a dangerous dog and be subject to section 5-1 B-5 of this article. If a dog has been registered as a potentially dangerous dog or a dangerous dog and at any time thereafter kills or causes serious injury to a person or domestic animal ("serious injury" meaning any injury resulting in broken bones or lacerations requiring multiple sutures) and no exception is applicable, said dog will automatically be deemed a vicious dog subject to section 5-1 B-5 of this article. 1 NM. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal a notice or order issued by the animal control officer pursuant to this section shall follow the appeal procedures of section 5-1-12. If the city council affirms the notice or order, the owner must complete the registration process pursuant to this section within seven (7) days of the city council's finding. Failure to do so will subject the owner or caretaker to the provisions set forth in subsection A of this section and in section 5-1B-12. 5-1B-8: TETHERING OF DOGS: A. A dog may be restrained outdoors by tether, only on the property of the owner or caretaker of the dog, and only under the following conditions: 1. No tether may be attached to a fixed object unless the tether is so placed or attached that it cannot become entangled with another animal or object, and cannot extend over an object or edge that could result in strangulation of or injury to the animal, and shall be of sufficient length in proportion to the size of the animal, but no less than 10 feet in length, to allow the animal proper exercise and unlimited access to adequate feed, adequate water, and an outdoor facility that provides adequate protection from the elements. Such tethering shall be so located so as not to allow such animal to trespass on public property or upon private property belonging to others, nor in such manner as to cause harm or danger to persons, the tethered animal, or other animals. 2. The tether shall not weigh more than one-eighth of the animal's body weight. Chains may not be used as tethers. 3. The tether must be attached to a properly fitting collar or harness worn by the animal. Choke or prong collars are prohibited. The tether must have a swivel at both ends. 19 4. No animal may be restrained by tether for more than 8 hours in a 24-hour period. When the temperature falls below 30 degrees Fahrenheit, with wind chill factor applied, or when the heat index is at least 85 degrees, no animal may be restrained outdoors by tethering for more than 15 minutes without access to adequate feed, adequate water, and an outdoor facility that provides adequate protection from the elements. In any circumstances, a tethered animal must have access to an outdoor facility that provides adequate protection from the elements. 5-1B-9: DOG ATTACKS: In the event of an attack on a person or a domestic animal by a dog at large that was previously determined to be a vicious dog or that is determined to be a vicious dog as a result of such attack, the dog shall be apprehended by animal control. The dog will be tested for rabies and may be destroyed by the city without further action or possibility of appeal. The owner or caretaker will be charged all fees and charges incurred as set forth in section 5-1-1(E) and all costs incident to destruction of the dog. 5-1B-10: IRRESPONSIBLE DOG OWNERS: A. Any person who has been convicted of any violation of this article, or who has pled guilty, no contest, or the equivalent to such violation, at least two (2) times in any period of twelve (12) months shall be deemed an irresponsible dog owner and shall be prohibited from obtaining a license for any dog not already licensed by such person, and if such person is so convicted or so pleads a third time during a 12 -month period, the person shall forfeit all right to own or possess a dog in the city, at which time animal control shall be authorized to seize all dogs owned or possessed by such person and to dispose of the dogs by destruction or, in appropriate circumstances as determined by animal control, by sale or by donation to a suitable animal shelter or rescue organization. Violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. B. A person designated as an irresponsible dog owner who is not convicted or does not plead to a further violation of this article for a period of thirty-six (36) months may apply to animal control to have the designation removed. The decision of animal control is appealable to the city council according to the appeal procedures set forth in section 5-1-12. 5-1B-11: LANDLORD LIABILITY: A. A landlord or its property manager that knowingly permits a tenant or occupant of its property to possess a dog in violation of sections 5-1 B-4, 5-1 B-5 or 5-1 B-10 shall be guilty of a municipal infraction. B. A landlord or its property manager shall not be guilty of a violation of subsection A if it takes prompt action to notify the tenant or occupant that the dog must be permanently removed from the property within seven (7) days of notice as set forth in Iowa Code section 562A.27, and thereafter proceeds to terminate the lease and evict the tenant or occupant if the violation is not remedied. C. Whenever animal control or the city clerk issues a notice, order or decision in connection with a violation of sections 5-1 B-4, 5-1 B-5 or 5-1 B-10 to a person who is not the owner of the property, a copy of said notice, order or decision shall also be sent to the property owner at the tax statement address shown in the records of the county auditor. The failure of animal control or the city clerk to issue a copy of any notice, order or decision to the property owner, or the failure of the property owner to receive same, shall not be a defense to any violation of subsection A. 5-1B-12: ENFORCEMENT: A. Failure To Comply: 20 1. Except as set forth in section 5-1 B -7(A), if the city council affirms a notice or order of the animal control officer, the city council may also order in its written decision that the person or entity owning, sheltering, harboring or keeping such dangerous animal or regulated dog permanently remove such animal or dog from the city or destroy it; provided that dangerous dogs and vicious dogs must be destroyed and may not be removed. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the initial notice or order. 2. In any situation where permanent removal of an animal or dog from the city is permitted, the animal or dog will not be released to the owner or caretaker until the owner or caretaker executes a form provided by the city which includes the following: (a) identifying information for the animal or dog, (b) the location to which it will be removed, and (c) the date of removal. The owner must also pay all fees and charges of impoundment, as set forth in section 5-1-1(E), before the dog will be released and the bond, if any, lifted. If within seven (7) days after issuance of the order the owner or caretaker fails to complete the application for removal and pay such fees and charges, fails to petition the district court for review of the order, or otherwise fails to take action, then animal control shall cause the animal or dog to be destroyed in a humane manner. 3. If instead of removal the animal or dog is ordered destroyed by the city council and the owner fails to file a petition for review of the order with the district court within seven (7) days after its issuance, the animal or dog will be destroyed in a humane manner. 4. As an alternative to the destruction of an animal or dog it may, in appropriate circumstances as determined by animal control, be disposed of by sale or by donation to a suitable animal shelter or rescue organization. B. Penalties: 1. Unless a different penalty is specifically prescribed by any section of this article, in which case such penalty shall apply, the failure to comply with an order of the city council issued pursuant to this article shall constitute a misdemeanor and be punishable by a fine of not less than two hundred fifty dollars ($250.00), or constitute a municipal infraction. 2. For purposes of determining the civil penalty applicable to subsequent municipal infraction offenses, any violation of this article that occurs after the first offense is a subsequent offense, even if the violations are of different provisions of this article. 21 CITY OF WATERLOO Council Communication City Council Meeting: March 3, 2014 Prepared: February 24, 2014 Dept. Head Signature: PH # of Attachments: 1 SUBJECT: FY2014 BOAT HOUSE ROOF REPLACEMENT PROJECT Submitted by: Travis Nichols, Facilities/Project Manager Recommended City Council Action: Request Council adopt resolutions to preliminarily approve the request for the proposal document and specifications for FY2014 Boat House Roof Replacement Project, 707 Park Road, Waterloo, and to instruct the City Clerk to publish notice of hearing on proposal document, specifications, etc. and taking of bids, and to set date of hearing and bid opening as April 7, 2014. Summary Statement: This project provides for replacement of metal roof system and other related building details damaged by hail at the Boat house, 707 Park Road, Waterloo Iowa. A copy of the proposal document and specifications is in the City Clerk's Office for your review. Expenditure Required: $67,500 (insurance estimate) Source of Funds: Funding is available from hail damage insurance claim. Policy Issue: Alternative: Background Information: The Boat House received extensive damage during hail storm in April 2012. Prepared by James E. Walsh, Jr., City Attorney, 715 Mulberry Street, Waterloo, IA, 50703. ORDINANCE NO.= AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING SECTION 6 OF CHAPTER 2, NUISANCES, OF TITLE 4, PUBLIC HEALTH AND SAFETY, AND BY AMENDING SECTIONS 2, 3, 5, 6, 8 AND 10 OF CHAPTER 3, SOLID WASTE COLLECTION AND DISPOSAL, OF TITLE 4, PUBLIC HEALTH AND SAFETY. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: 1. That Title 4, Public Health and Safety, of the 2007 Code of Ordinances is amended as set out herein. 2. That Section 6, Eviction Nuisance Abatement, of Chapter 2, Nuisances, of said Title 4 is hereby stricken in its entirety and a new Section 6 is substituted in place thereof, as follows: 4-2-6: EVICTION NUISANCE ABATEMENT: Upon receiving notification of an eviction from the Black Hawk County sheriff's office, or being otherwise advised that an eviction has occurred, the public works department will allow an evicted party twenty-four (24) hours to claim and/or clean up their belongings from the public right of way. Following the initial twenty-four (24) hour period, the public works department will allow either the evicted party or the landlord twenty-four (24) hours to clean up and/or remove any remaining personal belongings on the public right of way. Following this period, should any belongings remain on the public right of way, the public works department may, but is not required to, clean up and remove the belongings. If the public works department elects to remove the evicted party's belongings, the landlord shall be charged a one hundred dollar ($100.00) administrative fee plus the actual costs of collection and disposal of the property. If such charges are not paid within sixty (60) days of the time the invoice is mailed to the landlord, the city may have such charge assessed against the property as provided by law. At the discretion of the city attorney, any violation of this section may also be pursued as a municipal infraction. Each calendar day a violation is allowed to continue shall constitute a separate and distinct violation. 3. That Section 2, Administration, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 is hereby stricken in its entirety and a new Section 2 is substituted in place thereof, as follows: 4-3-2: ADMINISTRATION: A. Oversight: The public works department shall have the duty and responsibility of overseeing the collection of garbage, refuse and yard waste within the corporate limits of the city and see that all garbage, refuse and yard waste is disposed of in a sanitary manner, whether by the city, by contracted entities or by private persons, in order to protect the health of the citizens thereof. B. Collection: The city council shall, from time to time by resolution, provide such other policies, rules and regulations in addition to the provisions of this chapter as may be deemed necessary for the collection of garbage, refuse, and yard waste by and in the city. 4. That Section 3, Department Finances, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 is hereby stricken in its entirety and a new Section 3 is substituted in place thereof, as follows: 4-3-3: Reserved. 5. That subsections A, B, C, E and J of Section 5, Collection Rules and Regulations, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 are hereby stricken in their entirety and new subsections A, B, C, E and J of said Section 5 are substituted in place thereof, as follows, with all other subsections of said Section 5 remaining unmodified: A. Containers: The specific requirements for the number and type of containers, placement of items for collection, size of containers, weight of containers or items placed out for collection, etc., shall be as set forth in the administrative policy, organization and procedures prepared by the director of public works and adopted by resolution of the city council. B. Containers Required: It shall be required of every person in possession, charge or control of any place in or from which building materials, business trash, garbage, household trash, industrial waste, tree and shrubbery trimmings and yard trash is accumulated or produced to provide and at all times to keep in a suitable place, adequate and suitable receptacles and containers capable of holding all such waste materials which would ordinarily accumulate between the times of successive collections. The departments of public works and/or health are designated as the agencies to determine the quantity and location of said receptacles and to determine whether said receptacles and containers are serviceable. C. Container Construction And Design: All receptacles and containers as required herein shall be of safe construction and design and shall be maintained in good and serviceable condition at all times. Any receptacles or containers which do not conform to the provisions of this chapter or which have ragged or sharp edges or any other defects likely to hamper or injure the person collecting the contents thereof, or public, shall be promptly replaced upon notice. If said containers, after proper notice, 2 have not been replaced, the departments of public works and/or health shall have the authority to order their replacement. E. Points Of Collection: Refuse containers shall be placed for collection at ground level on the property and with access without the need for walking or carrying a refuse container over, under or around some yard or property obstacle. No refuse shall be collected where refuse containers cannot be reached by collection personnel without unlocking or opening a door, gate or any similar obstacle, encountering a dog, or otherwise being denied reasonable access by parked vehicles, yard tools and equipment, or other similar objects. No refuse receptacles or containers shall be stored in front of a home or in front of the building line closest to the street. The departments of public works and/or health shall have the authority to determine the proper receptacle or container location on private property. J. Vehicle Requirements: Any person, including but not limited to employees or contractors of the city, hauling trash, refuse, garbage, offal or other offensive substances in a vehicle of any kind over the streets of the city, shall equip the vehicle with a metal or canvas cover and shall keep such cover over the load -carrying portion of the vehicle at all times, as necessary to prevent material from escaping. The cover shall be of sufficient size to fully cover any refuse being carried in the vehicle and to keep the refuse in place on such vehicle. The vehicle shall be so constructed that no drippings or seepings from any refuse carried therein can escape from the vehicle. If any of the material falls off or blows off or out of the vehicle, the person hauling the same shall promptly clean up all of such materials. 6. That the first subparagraph of paragraph 3 of subsection A of Section 6, Fees for Service, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4, is stricken in its entirety and a new first subparagraph of said paragraph 3 is substituted in place thereof, as follows, with the second subparagraph and the fee schedule said forth in said paragraph 3 to remain unmodified: 3. Bulk Item Collection Services: Large, bulky refuse items, such as tires, appliances, furniture, bedding, etc., can be scheduled for city collection at curbside on a specific work order form available at the public works department. No yard waste, hazardous waste or garbage shall be collected. The fee or charge for this service is ten dollars ($10.00) per scheduled collection up to ten (10) listed items. 7. That subsection B of Section 8, Special Exceptions to Burning Ban, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 is hereby stricken in its entirety and a new subsection B of said Section 8 is substituted in place thereof, as follows: B. The city council shall have the authority, consistent with this section, to grant exceptions to the ban on open burning and to allow the burning of certain vegetative matter and solid wastes under special limited conditions. An application for exception must be filed with the city clerk's office, reviewed by the fire department (which may consult with the leisure services and public works departments when appropriate), and forwarded to the city council for approval. An exception may be granted in cases when burning of native vegetation is a recognized management technique. 3 8. That Section 10, Notice Regarding Nuisance, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 is hereby stricken in its entirety and a new Section 10 is substituted in place thereof, as follows: 4-3-10: NOTICE REGARDING NUISANCE: A. Upon receipt of a complaint or observation by code enforcement or by the public works director or his/her designee of a violation of this chapter, a notice shall be issued to the property owner (as shown by the official records of Black Hawk County), agent, and/or person in possession of said property, describing the nuisance or hazard on said property. The first such notice issued in any calendar year shall demand abatement of the nuisance within seven (7) days from the date of service as evidenced on the return, or if by certified mail, from the date of mailing. Any subsequent notices issued in the same calendar year shall demand abatement within one day from the date of personal service or mailing as stated above. Failure of the owner to abate the nuisance may result in the city's abating it and assessing all costs associated therewith against the affected property. Costs associated with abating a nuisance include, but are not limited to, landfill fees, mileage reimbursement at the standard IRS business rate use then in effect, and the hourly rate of truck operator time (minimum 1 hour) as determined by the public works committee of the city council from time to time. B. Notice required herein shall be made by certified mail or by the issuing officer by personal service as provided by applicable law, stating that the property is in violation of this chapter and that failure of the owner, agent, and/or person in possession of said property to abate the nuisance within the time frame set forth herein may result in the city's abating the nuisance and assessing costs of said action against the property. If the public works director or his/her designee, code enforcement, or the fire or health departments declare the nuisance to be an emergency, the city may perform any action required to abate the nuisance without prior notice, and assess any and all costs of said action to the property as provided herein. An "emergency" shall be any act or omission of the property owner, agent, and/or person in possession which constitutes a health, safety, or fire hazard to anyone. INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on , 2014, and approved by the Mayor on , 2014. 4 Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. as passed and adopted by the Council of the City of Waterloo, Iowa, on the day of , 2014. Witness my hand and seal of office this day of , 2014. SEAL Suzy Schares, City Clerk 5 SUMMARY OF ORDINANCE NO. 5203 ADOPTED ON MARCH 3, 2014, BY THE WATERLOO CITY COUNCIL AS AMENDMENTS TO TITLE 4, PUBLIC HEALTH AND SAFETY, OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA BY AMENDING SELECTED SECTIONS OF SAID TITLE 4. This is a summary of amendments to the Code of Ordinances of the City of Waterloo, Iowa set forth in Title 4, Public Health and Safety, of the Waterloo Code of Ordinances: Chapter 2, Nuisances, and Chapter 3, Solid Waste Collection and Disposal, have been amended to provide for reassignment of responsibility for City operations relating to solid waste collection, disposal and enforcement from the waste management services department to the public works department. The above is only a summary of amendments to the Code of Ordinances and not the complete text of the amendments. Specific changes have not been provided in this summary. Questions should be directed to the office of the City Clerk. The Ordinance amendments may be inspected in their entirety at the office of the City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703, from Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. The Ordinance amendments will become effective upon publication of this summary. cfjj(j) tovA C,W1A 1 STATE OF IOWA, } Black Hawk County, SS SUMMARY OF ORDINANCE NO. 5203 ADOPTED ON MARCH 3, 2014, BY THE WATERLOO CITY COUNCIL AS AMENDMENTS TO TITLE 4, PUBLIC HEALTH AND SAFETY, OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA BY AMENDING SELECTED SECTIONS OF SAID TITLE 4. This is a summary of amendments to the Code of Ordinances of the City of Waterloo, Iowa set forth in Title 4, Public Health and Safety, of the Waterloo Code of Ordinances: Chapter 2, Nuisances, and Chapter 3, Solid Waste Collection and Disposal, have been amended to provide for reassignment of responsibility for City operations relating to solid waste collec- tion, disposal and enforcement from the waste management services department to the public works department. The above is only a summary of amendments to the Code of Ordinances and not the complete text of the amendments. Specific chanr�gqes have not been provided in this suri8mary. Ques- tions should be directed to the office of the City Clerk. The Ordinance amend- ments may be inspected in their entirety at the office of the City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703, from Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. The Ordinance amendments will become effective upon publication of this summa- ry do solemnly swear that the annexed copy of legal City of Waterloo Ordinance No. 5203 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 6th day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $12.84 Signed Subscribed and sworn to before me this Day of rctv A.D., 20 14 qorto c Received of Notary Public the sum of Dollars. In full for publication of the above notice. JOD! E NEClLl1ST4�Y C 1MM:SSEON t 0.782413 MY CCM' ES STATE OF IOWA, Black Hawk County, SS SUMMARY OF ORDINANCE NO. 5203 ADOPTED ON MARCH 3, 2014, BY THE WATERLOO CITY COUNCIL AS AMENDMENTS TO TITLE 4, PUBLIC HEALTH AND SAFETY, OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA BY AMENDING SELECTED SECTIONS OF SAID TITLE 4. This is a summary of amendments to the Code of Ordinances of the City of Waterloo, Iowa set forth in Title 4, Public Health and Safety, of the Waterloo Code of Ordinances: Chapter' 2, Nuisances, and Chapter 3, Solid Waste Collection and Disposal, have been amended to provide for reassignment of responsibility for City operations relating to solid waste collec- tion, disposal and enforcement from the waste management services department to the public works department. The above is only a summary of amendments to the Code of Ordinances and not the complete text of the amendments. Specific change% have not been provided in this summary. Ques- tions should be directed to the office of the City Clerk. The Ordinance amend- ments may be inspected in their entirety at the office of the City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703, from Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. The Ordinance amendments will become effective upon publication of this summa- ry I do solemnly swear that the annexed copy of legal City of Waterloo Ordinance No. 5203 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 6th day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $12.84 Signed Subscribed and sworn to before me this Day of rnOLIA.D., 20 ) 4 Received of 111- 1 ALL Notary Public the sum of Dollars. In full for publication of the above notice. JODi E MCKfl4S'if yi COMM!SC,ON NO.73. 413 t MY CC A:.` • - aiRES o • W Prepared by James E. Walsh, Jr., City Attorney, 715 Mulberry Street, Waterloo, IA, 50703. ORDINANCE NO. 5203 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING SECTION 6 OF CHAPTER 2, NUISANCES, OF TITLE 4, PUBLIC HEALTH AND SAFETY, AND BY AMENDING SECTIONS 2, 3, 5, 6, 8 AND 10 OF CHAPTER 3, SOLID WASTE COLLECTION AND DISPOSAL, OF TITLE 4, PUBLIC HEALTH AND SAFETY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: 1. That Title 4, Public Health and Safety, of the 2007 Code of Ordinances is amended as set out herein. 2. That Section 6, Eviction Nuisance Abatement, of Chapter 2, Nuisances, of said Title 4 is hereby stricken in its entirety and a new Section 6 is substituted in place thereof, as follows: 4-2-6: EVICTION NUISANCE ABATEMENT: Upon receiving notification of an eviction from the Black Hawk County sheriff's office, or being otherwise advised that an eviction has occurred, the public works department will allow an evicted party twenty-four (24) hours to claim and/or clean up their belongings from the public right of way. Following the initial twenty-four (24) hour period, the public works department will allow either the evicted party or the landlord twenty-four (24) hours to clean up and/or remove any remaining personal belongings on the public right of way. Following belongings remain on the public works department may, but is not remove the belongings. If the elects to remove the evicted this period, should any right of way, the public required to, clean up and public works department party's belongings, the landlord shall be charged a one hundred dollar ($100.00) administrative fee plus the actual costs of collection and disposal of the property. If such charges are not paid within sixty (60) days of the time the invoice is mailed to the landlord, the city may have such charge assessed against the property as provided by law. At the discretion of the city attorney, any violation of this section may also be pursued as a municipal infraction. Each calendar day a violation is allowed to continue shall constitute a separate and distinct violation. 3. That Section 2, Administration, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 is hereby stricken in its entirety and a new Section 2 is substituted in place thereof, as follows: Ordinance No. 5203 Page 2 4-3-2: ADMINISTRATION: A. Oversight: The public works department shall have the duty and responsibility of overseeing the collection of garbage, refuse and yard waste within the corporate limits of the city and see that all garbage, refuse and yard waste is disposed of in a sanitary manner, whether by the city, by contracted entities or by private persons, in order to protect the health of the citizens thereof. B. Collection: The city council shall, from time to time by resolution, provide such other policies, rules and regulations in addition to the provisions of this chapter as may be deemed necessary for the collection of garbage, refuse, and yard waste by and in the city. 4. That Section 3, Department Finances, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 is hereby stricken in its entirety and a new Section 3 is substituted in place thereof, as follows: 4-3-3: Reserved. 5. That subsections A, B, C, E and J of Section 5, Collection Rules and Regulations, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 are hereby stricken in their entirety and new subsections A, B, C, E and J of said Section 5 are substituted in place thereof, as follows, with all other subsections of said Section 5 remaining unmodified: A. Containers: The specific requirements for the number and type of containers, placement of items for collection, size of containers, weight of containers or items placed out for collection, etc., shall be as set forth in the administrative policy, organization and procedures prepared by the director of public works and adopted by resolution of the city council. B. Containers Required: It shall be required of every person in possession, charge or control of any place in or from which building materials, business trash, garbage, household trash, industrial waste, tree and shrubbery trimmings and yard trash is accumulated or produced to provide and at all times to keep in a suitable place, adequate and suitable receptacles and containers capable of holding all such waste materials which would ordinarily accumulate between the times of successive collections. The departments of public works and/or health are designated as the agencies to determine the quantity and location of said receptacles and to determine whether said receptacles and containers are serviceable. C. Container Construction And Design: All receptacles and containers as required herein shall be of safe construction and design and shall be maintained in good Ordinance No. 5203 Page 3 and serviceable condition at all times. Any receptacles or containers which do not conform to the provisions of this chapter or which have ragged or sharp edges or any other defects likely to hamper or injure the person collecting the contents thereof, or public, shall be promptly replaced upon notice. If said containers, after proper notice, have not been replaced, the departments of public works and/or health shall have the authority to order their replacement. E. Points Of Collection: Refuse containers shall be placed for collection at ground level on the property and with access without the need for walking or carrying a refuse container over, under or around some yard or property obstacle. No refuse shall be collected where refuse containers cannot be reached by collection personnel without unlocking or opening a door, gate or any similar obstacle, encountering a dog, or otherwise being denied reasonable access by parked vehicles, yard tools and equipment, or other similar objects. No refuse receptacles or containers shall be stored in front of a home or in front of the building line closest to the street. The departments of public works and/or health shall have the authority to determine the proper receptacle or container location on private property. J. Vehicle Requirements: Any person, including but not limited to employees or contractors of the city, hauling trash, refuse, garbage, offal or other offensive substances in a vehicle of any kind over the streets of the city, shall equip the vehicle with a metal or canvas cover and shall keep such cover over the load -carrying portion of the vehicle at all times, as necessary to prevent material from escaping. The cover shall be of sufficient size to fully cover any refuse being carried in the vehicle and to keep the refuse in place on such vehicle. The vehicle shall be so constructed that no drippings or seepings from any refuse carried therein can escape from the vehicle. If any of the material falls off or blows off or out of the vehicle, the person hauling the same shall promptly clean up all of such materials. 6. That the first subparagraph of paragraph 3 of subsection A of Section 6, Fees for Service, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4, is stricken in its entirety and a new first subparagraph of said paragraph 3 is substituted in place thereof, as follows, with the second subparagraph and the fee schedule said forth in said paragraph 3 to remain unmodified: 3. Bulk Item Collection Services: Large, bulky refuse items, such as tires, appliances, furniture, bedding, etc., can be scheduled for city collection at curbside on a specific work order form available at the public works department. No yard waste, hazardous waste or garbage shall be collected. The Ordinance No. 5203 Page 4 fee or charge for this service is ten dollars ($10.00) per scheduled collection up to ten (10) listed items. 7. That subsection B of Section 8, Special Exceptions to Burning Ban, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 is hereby stricken in its entirety and a new subsection B of said Section 8 is substituted in place thereof, as follows: B. The city council shall have the authority, consistent with this section, to grant exceptions to the ban on open burning and to allow the burning of certain vegetative matter and solid wastes under special limited conditions. An application for exception must be filed with the city clerk's office, reviewed by the fire department (which may consult with the leisure services and public works departments when appropriate), and forwarded to the city council for approval. An exception may be granted in cases when burning of native vegetation is a recognized management technique. 8. That Section 10, Notice Regarding Nuisance, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 is hereby stricken in its entirety and a new Section 10 is substituted in place thereof, as follows: 4-3-10: NOTICE REGARDING NUISANCE: A. Upon receipt of a complaint or observation by code enforcement or by the public works director or his/her designee of a violation of this chapter, a notice shall be issued to the property owner (as shown by the official records of Black Hawk County), agent, and/or person in possession of said property, describing the nuisance or hazard on said property. The first such notice issued in any calendar year shall demand abatement of the nuisance within seven (7) days from the date of service as evidenced on the return, or if by certified mail, from the date of mailing. Any subsequent notices issued in the same calendar year shall demand abatement within one day from the date of personal service or mailing as stated above. Failure of the owner to abate the nuisance may result in the city's abating it and assessing all costs associated therewith against the affected property. Costs associated with abating a nuisance include, but are not limited to, landfill fees, mileage reimbursement at the standard IRS business rate use then in effect, and the hourly rate of truck operator time (minimum 1 hour) as determined by the public works committee of the city council from time to time. B. Notice required herein shall be made by certified mail or by the issuing officer by personal service as provided by applicable law, stating that the property is in violation of this chapter and that failure of the Ordinance No. 5203 Page 5 owner, agent, and/or person in possession of said property to abate the nuisance within the time frame set forth herein may result in the city's abating the nuisance and assessing costs of said action against the property. If the public works director or his/her designee, code enforcement, or the fire or health departments declare the nuisance to be an emergency, the city may perform any action required to abate the nuisance without prior notice, and assess any and all costs of said action to the property as provided herein. An "emergency" shall be any act or omission of the property owner, agent, and/or person in possession which constitutes a health, safety, or fire hazard to anyone. INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: February 17, 2014 February 17, 2014 February 24, 2014 March 3, 2014 PASSED AND ADOPTED this 3rd day of March, 2014. ATTEST: N1,64/ Er Suzy Sc ares, CMC City Cl rk est G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5203 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 3rd day of March, 2014. 2014. Witness my hand and seal of office this 3rd day of March, SEAL 3uzy Sch. res, CMC City Clerk Prepared by James E. Walsh, Jr., City Attorney, 715 Mulberry Street, Waterloo, IA, 50703. ORDINANCE NO. 5203 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING SECTION 6 OF CHAPTER 2, NUISANCES, OF TITLE 4, PUBLIC HEALTH AND SAFETY, AND BY AMENDING SECTIONS 2, 3, 5, 6, 8 AND 10 OF CHAPTER 3, SOLID WASTE COLLECTION AND DISPOSAL, OF TITLE 4, PUBLIC HEALTH AND SAFETY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: 1. That Title 4, Public Health and Safety, of the 2007 Code of Ordinances is amended as set out herein. 2. That Section 6, Eviction Nuisance Abatement, of Chapter 2, Nuisances, of said Title 4 is hereby stricken in its entirety and a new Section 6 is substituted in place thereof, as follows: 4-2-6: EVICTION NUISANCE ABATEMENT: Upon receiving notification of an eviction from the Black Hawk County sheriff's office, or being otherwise advised that an eviction has occurred, the public works department will allow an evicted party twenty-four (24) hours to claim and/or clean up their belongings from the public right of way. Following the initial twenty-four (24) hour period, the public works department will allow either the evicted party or the landlord twenty-four (24) hours to clean up and/or remove any remaining personal belongings on the public right of way. Following this period, should any belongings remain on the public right of way, the public works department may, but is not required to, clean up and remove the belongings. If the public works department elects to remove the evicted party's belongings, the landlord shall be charged a one hundred dollar ($100.00) administrative fee plus the actual costs of collection and disposal of the property. If such charges are not paid within sixty (60) days of the time the invoice is mailed to the landlord, the city may have such charge assessed against the property as provided by law. At the discretion of the city attorney, any violation of this section may also be pursued as a municipal infraction. Each calendar day a violation is allowed to continue shall constitute a separate and distinct violation. 3. That Section 2, Administration, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 is hereby stricken in its entirety and a new Section 2 is substituted in place thereof, as follows: Ordinance No. 5203 Page 2 4-3-2: ADMINISTRATION: A. Oversight: The public works department shall have the duty and responsibility of overseeing the collection of garbage, refuse and yard waste within the corporate limits of the city and see that all garbage, refuse and yard waste is disposed of in a sanitary manner, whether by the city, by contracted entities or by private persons, in order to protect the health of the citizens thereof. B. Collection: The city council shall, from time to time by resolution, provide such other policies, rules and regulations in addition to the provisions of this chapter as may be deemed necessary for the collection of garbage, refuse, and yard waste by and in the city. 4. That Section 3, Department Finances, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 is hereby stricken in its entirety and a new Section 3 is substituted in place thereof, as follows: 4-3-3: Reserved. 5. That subsections A, B, C, E and J of Section 5, Collection Rules and Regulations, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 are hereby stricken in their entirety and new subsections A, B, C, E and J of said Section 5 are substituted in place thereof, as follows, with all other subsections of said Section 5 remaining unmodified: A. Containers: The specific requirements for the number and type of containers, placement of items for collection, size of containers, weight of containers or items placed out for collection, etc., shall be as set forth in the administrative policy, organization and procedures prepared by the director of public works and adopted by resolution of the city council. B. Containers Required: It shall be required of every person in possession, charge or control of any place in or from which building materials, business trash, garbage, household trash, industrial waste, tree and shrubbery trimmings and yard trash is accumulated or produced to provide and at all times to keep in a suitable place, adequate and suitable receptacles and containers capable of holding all such waste materials which would ordinarily accumulate between the times of successive collections. The departments of public works and/or health are designated as the agencies to determine the quantity and location of said receptacles and to determine whether said receptacles and containers are serviceable. C. Container Construction And Design: All receptacles and containers as required herein shall be of safe construction and design and shall be maintained in good Ordinance No. 5203 Page 3 and serviceable condition at all times. Any receptacles or containers which do not conform to the provisions of this chapter or which have ragged or sharp edges or any other defects likely to hamper or injure the person collecting the contents thereof, or public, shall be promptly replaced upon notice. If said containers, after proper notice, have not been replaced, the departments of public works and/or health shall have the authority to order their replacement. E. Points Of Collection: Refuse containers shall be placed for collection at ground level on the property and with access without the need for walking or carrying a refuse container over, under or around some yard or property obstacle. No refuse shall be collected where refuse containers cannot be reached by collection personnel without unlocking or opening a door, gate or any similar obstacle, encountering a dog, or otherwise being denied reasonable access by parked vehicles, yard tools and equipment, or other similar objects. No refuse receptacles or containers shall be stored in front of a home or in front of the building line closest to the street. The departments of public works and/or health shall have the authority to determine the proper receptacle or container location on private property. J. Vehicle Requirements: Any person, including but not limited to employees or contractors of the city, hauling trash, refuse, garbage, offal or other offensive substances in a vehicle of any kind over the streets of the city, shall equip the vehicle with a metal or canvas cover and shall keep such cover over the load -carrying portion of the vehicle at all times, as necessary to prevent material from escaping. The cover shall be of sufficient size to fully cover any refuse being carried in the vehicle and to keep the refuse in place on such vehicle. The vehicle shall be so constructed that no drippings or seepings from any refuse carried therein can escape from the vehicle. If any of the material falls off or blows off or out of the vehicle, the person hauling the same shall promptly clean up all of such materials. 6. That the first subparagraph of paragraph 3 of subsection A of Section 6, Fees for Service, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4, is stricken in its entirety and a new first subparagraph of said paragraph 3 is substituted in place thereof, as follows, with the second subparagraph and the fee schedule said forth in said paragraph 3 to remain unmodified: 3. Bulk Item Collection Services: Large, bulky refuse items, such as tires, appliances, furniture, bedding, etc., can be scheduled for city collection at curbside on a specific work order form available at the public works department. No yard waste, hazardous waste or garbage shall be collected. The Ordinance No. 5203 Page 4 fee or charge for this service is ten dollars ($10.00) per scheduled collection up to ten (10) listed items. 7. That subsection B of Section 8, Special Exceptions to Burning Ban, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 is hereby stricken in its entirety and a new subsection B of said Section 8 is substituted in place thereof, as follows: B. The city council shall have the authority, consistent with this section, to grant exceptions to the ban on open burning and to allow the burning of certain vegetative matter and solid wastes under special limited conditions. An application for exception must be filed with the city clerk's office, reviewed by the fire department (which may consult with the leisure services and public works departments when appropriate), and forwarded to the city council for approval. An exception may be granted in cases when burning of native vegetation is a recognized management technique. 8. That Section 10, Notice Regarding Nuisance, of Chapter Solid Waste Collection and Disposal, of said Title 4 hereby stricken in its entirety and a new Section 10 substituted in place thereof, as follows: 4-3-10: NOTICE REGARDING NUISANCE: 3, is is A. Upon receipt of a complaint or observation by code enforcement or by the public works director or his/her designee of a violation of this chapter, a notice shall be issued to the property owner (as shown by the official records of Black Hawk County), agent, and/or person in possession of said property, describing the nuisance or hazard on said property. The first such notice issued in any calendar year abatement of the nuisance within seven the date of service as evidenced on the by certified mail, from the date of subsequent notices issued in the same shall demand abatement within one day from the date of personal service or mailing as stated above. Failure of the owner to abate the nuisance may result in the city's abating it and assessing all costs associated therewith against the affected property. Costs associated with abating a nuisance include, but are not limited to, landfill fees, mileage reimbursement at the standard IRS business rate use then in effect, and the hourly rate of truck operator time (minimum 1 hour) as determined by the public works committee of the city council from time to time. shall demand (7) days from return, or if mailing. Any calendar year B. Notice required herein shall be made by certified mail or by the issuing officer by personal service as provided by applicable law, stating that the property is in violation of this chapter and that failure of the Ordinance No. 5203 Page 5 owner, agent, and/or person in possession of said property to abate the nuisance within the time frame set forth herein may result in the city's abating the nuisance and assessing costs of said action against the property. If the public works director or his/her designee, code enforcement, or the fire or health departments declare the nuisance to be an emergency, the city may perform any action required to abate the nuisance without prior notice, and assess any and all costs of said action to the property as provided herein. An "emergency" shall be any act or omission of the property owner, agent, and/or person in possession which constitutes a health, safety, or fire hazard to anyone. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: February 17, 2014 February 17, 2014 February 24, 2014 March 3, 2014 PASSED AND ADOPTED this 3rd day of March, 2014. ATTEST: Suzy Shares, CMC City Clerk rrnest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5203 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 3rd day of March, 2014. Witness my hand and seal of office this 3rd day of March, 2014. fLetGLe,A) SEAL Suzy Schlres, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-157 RESOLUTION APPROVING NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT WITH IOWA DEPARTMENT OF NATURAL RESOURCES AND DIRECTING EXECUTION OF SAID NOTICE OF INTENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Notice of Intent for NPDES Coverage Under General Permit dated March 3, 2014, for storm water discharges in conjunction with the F.Y. 2014 Kimball Avenue Transportation Improvements, Contract No. 843, by and between the Iowa Department of Natural Resources and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 3rd day of March, 2014. ATTEST: SuuzjySch r s, CMC City Cle�k rnest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: March 3, 2014 Prepared: Februa 26 2 14 { Dept. Head Signature: # of Attachments: SUBJECT: Traffic Safety Grant Agreement for Pedestrian Safety Improvements at Ridgeway & W.11 th Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve grant agreement number 2015 -TS -026 for $36,000 with the Iowa Department of Transportation for installing HAWK signals on Ridgeway Avenue east of W.11 th Street. Summary Statement The proposed improvements will consist of improving traffic signal installations and removing the existing signals at E, Ridgeway and W. 11th. The grant will pay for 100% of materials only. Installation will be in-house. Expenditure Required $38,000 Source of Funds 100% Traffic Safety Grant. Policy Issue Alternative Background Information: Ridgeway is an arterial and there are residential units on both sides of Ridgeway Avenue. This provides for a pedestrian crossing with improved safety. The new location is better due to increased sight distance and visibility. The existing signals are non-conformant and will be removed. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-158 RESOLUTION APPROVING AGREEMENT WITH IOWA DEPARTMENT OF TRANSPORTATION AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement dated March 3, 2014, for Traffic Safety Improvement Program Funding, Project No. CS -TSF -8155(739)-85-07, Agreement No. 2015 -TS -026, in the amount of $38,000.00, to be used for improving traffic signal installations and removing existing signals at East Ridgeway Avenue and West 11th Street, by and between the Iowa Department of Transportation and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 3rd day of March, 2014. j4g:/2 Er est G. Clark, Mayor ATTEST: uzy Sch res, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: March 3, 2014 Prepared: Februa 26 1 14 Dept. Head Signature: # of Attachments: 1 SUBJECT: Traffic Safety Grant Agreement for Radio Safety Campaign Focused on Pedestrians and Cyclists Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve grant agreement number 2015 -TS -032 for $15,000 with the Iowa Department of Transportation for a Radio Broadcast Traffic Safety Awareness Campaign. Summary Statement Based on previous successful radio campaigns, the funds will be used for production and broadcast of radio messages on prime time. Expenditure Required $15,000 Source of Funds 100% Traffic Safety Grant. Policy Issue Alternative Background Information: In Waterloo red light running and car collisions no longer constitutes the major part of traffic fatalities but pedestrian and cyclist have a high fatal crash rate. These are crashes at random locations that can be contributed to driving culture. The campaign is meant to bring safety awareness messages to the area residents. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-159 RESOLUTION APPROVING AGREEMENT WITH IOWA DEPARTMENT OF TRANSPORTATION AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement dated March 3, 2014, for Traffic Safety Improvement Program Funding, Project No. CS -TSF -8155(740)-85-07, Agreement No. 2015 -TS -032, in the amount of $15,000.00, to be used for a Radio Broadcast Traffic Safety Awareness Campaign focused on pedestrians and cyclists, by and between the Iowa Department of Transportation and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 3rd day of March, 2014. gar. Ernest G. ATTEST: Suzy Schares, CMC City Clerk , Mayor CITY OF WA'T'ERLOO Council Communication City Council Meeting: February 17, 2014 Prepared: February 14, 2014 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WAI"ERLOO, IOWA, BY AMENDING SECTION 6 OF CHAP I ER 2, NUISANCES, OF TITLE 4, PUBLIC HEALTH AND SAFETY, AND BY AMENDING SECTIONS 2 3,_ 5, 6, 8 AND 10 OF CHAPTER 3, SOLID WAS 1 E COLLECTION AND DISPOSAL, OF TITLE 4, PUBLIC HEALTH AND SAFETY. Submitted by: Mayor Buck Clark Recommended City Council Action: ADOPT AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WA I ERLOO, IOWA, BY AMENDING SECTION 6 OF CHAP l ER 2, NUISANCES, OF TITLE 4, PUBLIC HEALTH AND SAFETY, AND BY AMENDING SECTIONS 2, 3, 5, 6, 8 AND 10 OF CHAP]. ER 3, SOLID WAS I E COLLECTION AND DISPOSAL, OF TITLE 4, PUBLIC HEALTH AND SAFETY. Summary Statement This ordinance will transfer the solid waste division from the Waste Management Department to the Public Works Depaitment. Expenditure Required: Background Information: i Title 4, Chapter 2 NUISANCES 4-2-6: EVICTION NUISANCE ABATEMENT: Upon receiving notification of an eviction from the Black Hawk County sheriff s office, or being otherwise advised that an eviction has occurred, the - public works department will allow an evicted party twenty four (24) hours to claim and/or clean up their belongings from the public right of way. Following the initial twenty four (24) hour period, the waste management services public works department will allow either the evicted party or the landlord twenty four (24) hours to clean up and/or remove any remaining personal belongings on the public right of way. Following this period, should any belongings remain on the public right of way, the waste management services public works department may, but is not required to, clean up and remove the belongings. If the waste management services public works department elects to remove the evicted party's belongings, the landlord shall be charged a one hundred dollar ($100.00) administrative fee plus the actual costs of collection and disposal of the property. If such charges are not paid within sixty (60) days of the time the invoice is mailed to the landlord, the city may have such charge assessed against the property as provided by law. At the discretion of the city attorney, any violation of this section may also be pursued as a municipal infraction. Each calendar day a violation is allowed to continue shall constitute a separate and distinct violation. (Ord. 4821, 7 21 2006) Title 4, Chapter 3 SOLID WASTE COLLECTION AND DISPOSAL 4-3-2: ADMINISTRATION: A. Oversight: The public works department shall have the duty and responsibility of overseeing the collection of garbage, refuse and yard waste within the corporate limits of the city and see that all garbage, refuse and yard waste is disposed of in a sanitary manner, whether by the city, by contracted entities or by private persons, in order to protect the health of the citizens thereof. 4 3 2: WASTE MANAGEMENT SERVICES DEPARTMENT: A. Created: The waste management services dopa •- . . C. Composition Of Department: The department shall consist of such employees as may be astc managcmcnt services may employ such employees D. Administration; B. Collection: The city council shall, from time to time by resolution, provide such other policies, rules and regulations in addition to the provisions of this chapter as may be deemed necessary for ... .. . - the collection of garbage, refuse, and yard waste by and in the city. (Ord. 4482, 5 29 2001) 4-3-3: RESERVEDDEPARTMENT FINANCES: 5 expenditures in the department. (Ord. 3705,1 2 1990; amd. 2001 Code) 4-3-5: COLLECTION RULES AND REGULATIONS: A. Containers: The specific requirements for the number and type of containers, placement of items for collection, size of containers, weight of containers or items placed out for collection, etc., shall be as set forth in the administrative policy, organization and procedures prepared by the superintendent of waste management servicesthe director of public works and adopted by resolution of the city council. B. Containers Required: It shall be required of every person in possession, charge or control of any place in or from which building materials, business trash, garbage, household trash, industrial waste, tree and shrubbery trimmings and yard trash is accumulated or produced to provide and at all times to keep in a suitable place, adequate and suitable receptacles and containers capable of holding all such waste materials which would ordinarily accumulate between the times of successive collections. The departments of Servicespublic works and/or health are designated as the agencies to determine the quantity and location of said receptacles and to determine whether said receptacles and containers are serviceable. C. Container Construction And Design: All receptacles and containers as required herein shall be of safe construction and design and shall be maintained in good and serviceable condition at all times. Any receptacles or containers which do not conform to the provisions of this chapter or which have ragged or sharp edges or any other defects likely to hamper or injure the person collecting the contents thereof, or public, shall be promptly replaced upon notice. If said containers, after proper notice, have not been replaced, the departments of public works - .. _ -- • and/or health shall have the authority to order their replacement. E. Points Of Collection: Refuse containers shall be placed for collection at ground level on the property and with access without the need for walking or carrying a refuse container over, under or around some yard or property obstacle. No refuse shall be collected where refuse containers cannot be reached by collection personnel without unlocking or opening a door, gate or any similar obstacle, encountering a dog, or otherwise being denied reasonable access by parked vehicles, yard tools and equipment, or other similar objects. No refuse receptacles or containers shall be stored in front of a home or in front of the building line closest to the street. The departments of waste management servicespublic works and/or health shall have the authority to determine the proper receptacle or container location on private property. J. Vehicle Requirements: Any person, including but not limited to employees or contractors of the city, hauling trash, refuse, garbage, offal or other offensive substances in a vehicle of any kind over the streets of the city, shall equip the vehicle with a metal or canvas cover and shall keep such cover over the load carrying portion of the vehicle at all times, as necessary to prevent material from escaping. The cover shall be of sufficient size to fully cover any refuse being carried in the vehicle and to keep the refuse in place on such vehicle. The vehicle shall be so constructed that no drippings or seepings from any refuse carried therein can escape from the vehicle. If any of the material falls off or blows off or out of the vehicle, the person hauling the same shall promptly clean up all of such materials. (Ord. 5075, 9 19 2011) 4-3-6: FEES FOR SERVICE: A. Fees Established: The expense of garbage and refuse collection and disposal and related solid waste services as determined by the city council shall become a charge against the owner or occupant of every dwelling unit to whom service is made available. The amount of the fee for this service shall be in two (2) parts. 3. Bulk Item Collection Services: Large, bulky refuse items, such as tires, appliances, furniture, bedding, etc., can be scheduled for city collection at curbside on a specific work order form available at the - „ -- - - • - public works department. No yard waste, hazardous waste or garbage shall be collected. The fee or charge for this service is ten dollars ($10.00) per scheduled collection up to ten (10) listed items. 4-3-8: SPECIAL EXCEPTIONS TO BURNING BAN: B. The city council shall have the authority, consistent with this section, to grant exceptions to the ban on open burning and to allow the burning of certain vegetative matter and solid wastes under special limited conditions. An application for exception must be filed with the city clerk's office, reviewed by the fire department (which may consult with the leisure services and waste management servicespublic works departments when appropriate), and forwarded to the city council for approval. An exception may be granted in cases when burning of native vegetation is a recognized management technique. 4-3-10: NOTICE REGARDING NUISANCE: A. Upon receipt of a complaint or observation by code enforcement or by the superintendent of waste management services public works director or his/her designee of a violation of this chapter, a notice shall be issued to the property owner (as shown by the official records of Black Hawk County), agent, and/or person in possession of said property, describing the nuisance or hazard on said property. The first such notice issued in any calendar year shall demand abatement of the nuisance within seven (7) days from the date of service as evidenced on the return, or if by certified mail, from the date of mailing. Any subsequent notices issued in the same calendar year shall demand abatement within one day from the date of personal service or mailing as stated above. Failure of the owner to abate the nuisance may result in the city's abating it and assessing all costs associated therewith against the affected property. Costs associated with abating a nuisance include, but are not limited to, landfill fees, mileage reimbursement at the standard IRS business rate use then in effect, and the hourly rate of truck operator time (minimum 1 hour) as determined by the public works committee of the city council from time to time. B. Notice required herein shall be made by certified mail or by the issuing officer by personal service as provided by applicable law, stating that the property is in violation of this chapter and that failure of the owner, agent, and/or person in possession of said property to abate the nuisance within the time frame set forth herein may result in the city's abating the nuisance and assessing costs of said action against the property. If the - - • ., _ •• erviceapublic works director or his/her designee, code enforcement, or the fire or health departments declare the nuisance to be an emergency, the city may perform any action required to abate the nuisance without prior notice, and assess any and all costs of said action to the property as provided herein. An "emergency" shall be any act or omission of the property owner, agent, and/or person in possession which constitutes a health, safety, or fire hazard to anyone. t.. •. •1$ Prepared by James E. Walsh, Jr., City Attorney, 715 Mulberry Street, Waterloo, IA, 50703. ORDINANCE NO. 5203 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING SECTION 6 OF CHAPTER 2, NUISANCES, OF TITLE 4, PUBLIC HEALTH AND SAFETY, AND BY AMENDING SECTIONS 2, 3, 5, 6, 8 AND 10 OF CHAPTER 3, SOLID WASTE COLLECTION AND DISPOSAL, OF TITLE 4, PUBLIC HEALTH AND SAFETY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: 1. That Title 4, Public Health and Safety, of the 2007 Code of Ordinances is amended as set out herein. 2. That Section 6, Eviction Nuisance Abatement, of Chapter 2, Nuisances, of said Title 4 is hereby stricken in its entirety and a new Section 6 is substituted in place thereof, as follows: 4-2-6: EVICTION NUISANCE ABATEMENT: Upon receiving notification of an eviction from the Black Hawk County sheriff's office, or being otherwise advised that an eviction has occurred, the public works department will allow an evicted party twenty-four (24) hours to claim and/or clean up their belongings from the public right of way. Following the initial twenty-four (24) hour period, the public works department will allow either the evicted party or the landlord twenty-four (24) hours to clean up and/or remove any remaining personal belongings on the public right of way. Following this period, should any belongings remain on the public right of way, the public works department may, but is not required to, clean up and remove the belongings. If the public works department elects to remove the evicted party's belongings, the landlord shall be charged a one hundred dollar ($100.00) administrative fee plus the actual costs of collection and disposal of the property. If such charges are not paid within sixty (60) days of the time the invoice is mailed to the landlord, the city may have such charge assessed against the property as provided by law. At the discretion of the city attorney, any violation of this section may also be pursued as a municipal infraction. Each calendar day a violation is allowed to continue shall constitute a separate and distinct violation. 3. That Section 2, Administration, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 is hereby stricken in its entirety and a new Section 2 is substituted in place thereof, as follows: Ordinance No. 5203 Page 2 4-3-2: ADMINISTRATION: A. Oversight: The public works department shall have the duty and responsibility of overseeing the collection of garbage, refuse and yard waste within the corporate limits of the city and see that all garbage, refuse and yard waste is disposed of in a sanitary manner, whether by the city, by contracted entities or by private persons, in order to protect the health of the citizens thereof. B. Collection: The city council shall, from time to time by resolution, provide such other policies, rules and regulations in addition to the provisions of this chapter as may be deemed necessary for the collection of garbage, refuse, and yard waste by and in the city. 4. That Section 3, Department Finances, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 is hereby stricken in its entirety and a new Section 3 is substituted in place thereof, as follows: 4-3-3: Reserved. 5. That subsections A, B, C, E and J of Section 5, Collection Rules and Regulations, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 are hereby stricken in their entirety and new subsections A, B, C, E and J of said Section 5 are substituted in place thereof, as follows, with all other subsections of said Section 5 remaining unmodified: A. Containers: The specific requirements for the number and type of containers, placement of items for collection, size of containers, weight of containers or items placed out for collection, etc., shall be as set forth in the administrative policy, organization and procedures prepared by the director of public works and adopted by resolution of the city council. B. Containers Required: It shall be required of every person in possession, charge or control of any place in or from which building materials, business trash, garbage, household trash, industrial waste, tree and shrubbery trimmings and yard trash is accumulated or produced to provide and at all times to keep in a suitable place, adequate and suitable receptacles and containers capable of holding all such waste materials which would ordinarily accumulate between the times of successive collections. The departments of public works and/or health are designated as the agencies to determine the quantity and location of said receptacles and to determine whether said receptacles and containers are serviceable. C. Container Construction And Design: All receptacles and containers as required herein shall be of safe construction and design and shall be maintained in good Ordinance No. 5203 Page 3 and serviceable condition at all times. Any receptacles or containers which do not conform to the provisions of this chapter or which have ragged or sharp edges or any other defects likely to hamper or injure the person collecting the contents thereof, or public, shall be promptly replaced upon notice. If said containers, after proper notice, have not been replaced, the departments of public works and/or health shall have the authority to order their replacement. E. Points Of Collection: Refuse containers shall be placed for collection at ground level on the property and with access without the need for walking or carrying a refuse container over, under or around some yard or property obstacle. No refuse shall be collected where refuse containers cannot be reached by collection personnel without unlocking or opening a door, gate or any similar obstacle, encountering a dog, or otherwise being denied reasonable access by parked vehicles, yard tools and equipment, or other similar objects. No refuse receptacles or containers shall be stored in front of a home or in front of the building line closest to the street. The departments of public works and/or health shall have the authority to determine the proper receptacle or container location on private property. J. Vehicle Requirements: Any person, including but not limited to employees or contractors of the city, hauling trash, refuse, garbage, offal or other offensive substances in a vehicle of any kind over the streets of the city, shall equip the vehicle with a metal or canvas cover and shall keep such cover over the load -carrying portion of the vehicle at all times, as necessary to prevent material from escaping. The cover shall be of sufficient size to fully cover any refuse being carried in the vehicle and to keep the refuse in place on such vehicle. The vehicle shall be so constructed that no drippings or seepings from any refuse carried therein can escape from the vehicle. If any of the material falls off or blows off or out of the vehicle, the person hauling the same shall promptly clean up all of such materials. 6. That the first subparagraph of paragraph 3 of subsection A of Section 6, Fees for Service, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4, is stricken in its entirety and a new first subparagraph of said paragraph 3 is substituted in place thereof, as follows, with the second subparagraph and the fee schedule said forth in said paragraph 3 to remain unmodified: 3. Bulk Item Collection Services: Large, bulky refuse items, such as tires, appliances, furniture, bedding, etc., can be scheduled for city collection at curbside on a specific work order form available at the public works department. No yard waste, hazardous waste or garbage shall be collected. The Ordinance No. 5203 Page 4 fee or charge for this service is ten dollars ($10.00) per scheduled collection up to ten (10) listed items. 7. That subsection B of Section 8, Special Exceptions to Burning Ban, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 is hereby stricken in its entirety and a new subsection B of said Section 8 is substituted in place thereof, as follows: B. The city council shall have the authority, consistent with this section, to grant exceptions to the ban on open burning and to allow the burning of certain vegetative matter and solid wastes under special limited conditions. An application for exception must be filed with the city clerk's office, reviewed by the fire department (which may consult with the leisure services and public works departments when appropriate), and forwarded to the city council for approval. An exception may be granted in cases when burning of native vegetation is a recognized management technique. 8. That Section 10, Notice Regarding Nuisance, of Chapter 3, Solid Waste Collection and Disposal, of said Title 4 is hereby stricken in its entirety and a new Section 10 is substituted in place thereof, as follows: 4-3-10: NOTICE REGARDING NUISANCE: A. Upon receipt of a complaint or observation by code enforcement or by the public works director or his/her designee of a violation of this chapter, a notice shall be issued to the property owner (as shown by the official records of Black Hawk County), agent, and/or person in possession of said property, describing the nuisance or hazard on said property. The first such notice issued in any calendar year shall demand abatement of the nuisance within seven (7) days from the date of service as evidenced on the return, or if by certified mail, from the date of mailing. Any subsequent notices issued in the same calendar year shall demand abatement within one day from the date of personal service or mailing as stated above. Failure of the owner to abate the nuisance may result in the city's abating it and assessing all costs associated therewith against the affected property. Costs associated with abating a nuisance include, but are not limited to, landfill fees, mileage reimbursement at the standard IRS business rate use then in effect, and the hourly rate of truck operator time (minimum 1 hour) as determined by the public works committee of the city council from time to time. B. Notice required herein shall be made by certified mail or by the issuing officer by personal service as provided by applicable law, stating that the property is in violation of this chapter and that failure of the Ordinance No. 5203 Page 5 owner, agent, and/or person in possession of said property to abate the nuisance within the time frame set forth herein may result in the city's abating the nuisance and assessing costs of said action against the property. If the public works director or his/her designee, code enforcement, or the fire or health departments declare the nuisance to be an emergency, the city may perform any action required to abate the nuisance without prior notice, and assess any and all costs of said action to the property as provided herein. An "emergency" shall be any act or omission of the property owner, agent, and/or person in possession which constitutes a health, safety, or fire hazard to anyone. INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: February 17, 2014 February 17, 2014 February 24, 2014 March 3, 2014 PASSED AND ADOPTED this 3rd day of March, 2014. Ernest G. Clark, ayor ATTEST: uzy Sch.; res, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5203 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 3rd day of March, 2014. 2014. Witness my hand and seal of office this 3rd day of March, SEAL Suzy Scjres, CMC City Clerk CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT Street •• Waterloo, IA 50703 • 319 291-4366 Fax (319) 291-4262 715 Mulberry Council Communication 014 C March 3, 2 City Council Meeting: 2014 &Development Director Prepared: February Community Planning Dept. Head Signature: Noel Anderson, # of Attachments: 1 T: Approve the writing, preparation, and submittal of fa an development SUBJEC pp application for the Tech Works Camp us Reinvestment project, anauthorizing u horct iizzi g the Mayor and City Clerk to sign and fully execute any project, and a documents for this process q : Noel Anderson Communit Plannin• & Develo•ment Director Submitted y lication Recommended City Council Action: Resolution approving the app process as described above. SummarYStatement: The State of Iowa has a new certain aslledpthe go acres S a Reinvestment Act that allows for cities to designate maximum per area, which will work to collect portions e the hotel/motel ced telplaand the max sales tax normally going to the State of Iowa. Given otential for additional Green at Tech Works project and Deere nfrom the projeceum, and t staff believes this sales tax and hotel/ motel tax generation designation could work to help make additional improvements to this area oft e community. This IRA designation would not impact the local sales tax and hotel/motel tax collections, only the State portions. Expenditure Required: None Source of Funds: NA Policy Issue: Economic Development Alternative: Not apply to Bag round round Information: The City of Waterloo continues of Down townwork to ng forth other funding sources and programs for the redevelopment Waterloo. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Waterloo Reinvestment District #1 Waterloo, Iowa 001 pot rrpRr 8 ,gyp:' .terrrbra'+� "s'leer w r SFr w'vi{{ {0{. 1.2 Acres /- Waterloo Reinvestment District Total Area — 23.6 Acres Commerdal 5< as Revised: August 8, 2013 PIE VANDEWALLE & 111 ASSOCIATES INC. C2013 Highway 218 0' 100' 200' Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, TO STATE ITS INTENT TO APPLY TO THE STATE OF IOWA TO CREATE AN IOWA REINVESTMENT DISTRICT KNOWN AS THE TECHWORKS CAMPUS REINVESTMENT DISTRICT, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, on this 3rd day of March, 2014, at a regular meeting of the City Council of the City of Waterloo, Iowa, a resolution to file an application with the State of Iowa to create an Iowa Reinvestment District described as the TechWorks Campus Reinvestment District in the City of Waterloo, Black Hawk County, Iowa, was presented for approval, and WHEREAS, said Plan for the TechWorks Reinvestment District has been considered and approved by this Council, and WHEREAS, the Council finds that said area in the Iowa Reinvestment District referred to as the TechWorks Campus Reinvestment District is an area suitable for development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the application and plan for an Iowa Reinvestment District for the TechWorks Campus Reinvestment District, Waterloo, Black Hawk County, Iowa, be and is hereby approved and the Mayor and City Clerk of the City of Waterloo, Iowa, are hereby authorized and directed to certify and affix their signatures to said resolution. PASSED AND ADOPTED this 3rd day of March, 2014. ATTEST: Suzy Sc ares, CMC City Clerk 4/ rnest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2014-155, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 3rd day of March, 2014. Witness my hand and seal of office this 3rd day of March, 2014. SEAL uzy Sch-res, CMC City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: March 3, 2014 Prepared: February 26, 2014 Dept. Head Signature: # of Attachments: 2. t) SUBJECT: Request to enter into a real estate purchase agreement with Bank of New York Mellon for the acquisition and purchase of 1027 Lafayette Street Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request to enter into a purchase agreement with Bank of New York Mellon for the acquisition of 1027 Lafayette Street (8913-25-134-021), which is located on the north side of Lafayette Street at its intersection with East 9th Street. The purchase price of the property will be $25,300.00. Possession of the property shall be delivered to Buyer at closing, and the closing shall be within 60 days after approval of this agreement by the City Council. Updating of the abstract for the property shall be at the seller's expense, and shall be continued within a date of 30 days of the closing. The updated abstract shall be delivered to the buyer's attorney for examination before closing to perform a title opinion. Expenditure Required: $25,300.00 Source of Funds: NSP Neighborhood Stabilization Funds Policy Issue: Property Management Alternative: N/A Background Information: The City has been actively targeting the Cedar River Neighborhood for new housing development in close proximity to downtown. Legal Description: See attached deed Cc: Aric Schroeder, City Planner Rudy Jones, Community Development Director --file-- CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Black Hawk County Property Photos There is 1 photo of parcel 891325134021. Page 1 of 1 http://www2. co.black-hawk. ia.us/website/bhmap/bhParImages.asp?apn=891325134021 &a... 2/26/2014 ■ Printable Map Output Page 1 of 1 Black Hawk County Parcel Map Parcel ID: 8913-25-134-021 Deed Holder: Parcel Address: BANK OF NEW YORK MELLON 1027 LAFAYETTE ST, WATERLOO, IA 50703 Legend Selected Features 4 hospital airport &adept parks twprng Railroads Towrlshi • Sections Water Parcels Rlghtaat-Way Township City ansa railroad_dim frname roaddim water) aame parte Wim roedrtame Black Hawk Co. Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 G- rr I rel lr1 torpcoblack-hawk.la.US.OY Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required for local government purposes. See the recorded documents for more detailed legal information. http: //www2.co.black-hawk. ia. us/servlet/tom. esri.esrimap.Esrimap? S erviceName=bhov&... 2/26/2014 98-102 Adopted by the Weterloo-Ceder felts Board of REALTORS, Revised (03/11) Adopted by the Bleck Hewk County ear Association 2011 113. PURCHASE AGREEMENT TO: BANK OF AMERICA, N.A. FROM: Waterloo Community Development Board As joint tenants wlih full rights of survivorship unless other is Y 3731 Pheasant Lane, Waterloo, IA 60701 (318) 232.7100 Fax: (319)232-7102 4800 University Ave., Cedar Falls, IA 50613 (310)266-7100 Fax: 653-0003 1341 ifs Street, Jesup, IA 50648 (319) 827-3500 Fax: (319) 5273559 112 E. Bremer Ave., Waverly, IA 50677 (319) 362-3399 Fax: (319) 3524533 Each onto* Is rndependentiy Owned and Operated Date February 5,2014 specified. Buyer offers to buy; 1027 Lafayette Street, Wetertoo, IA 60703 Legally described est (Seiler) (Buyer) As per Abstract, Parcel # 8919-25-134-021 SUBJECT TO RESTRICTIVE COVENANTS, ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD IF ANY, AND TO EXISTING EASEMENTS, IF ANY. The property intended to be covered by the terms hereof shall include all buildings, storage sheds, land, rights, easements, and access necessary or appurtenant thereto and owned by Salter. Included, If now In or on said )remises and awned by the Seller, are all fixtures Including but not limited to attached carpeting; window shades; blinds; curtain rods and hardware; lighting fixtures and bulbs; ming fans; built-in appliances and accessories; antenna, awnings; door chimes; fireplace grates; andirons; mailbox; installed sump pumps; garage door openers and controls; and bushes, shrubs and other vegetation. incl d darer notfixrentals, nt are hereina satellite by dish, water softener and filtration systems. installed alarm devices, propane tanks Seller in writing. RESERVED ITEMS: FOR TH E SUM OF $ 25, 340 (Twenty -Flue Thousand Ave Hundred and 0011001 Earnest money of $1,000 , to be held In Vast by ,Fusion Realtors Trust and the balance In cash to be paid at closing upon performance of Seder's obligations hereunder. Any interest on trust account shall be forwarded to the hd and mutually Iowaation of EALTd Rboth t3tryers Swrlti D Foundation (adSeller.non-profit entity), the State of Iowa (d required by law), or as Closing to take place on or before Feldev the 14th day of Weed) , 2014 Possession to be given to Buyer at dosing or by at dosing OAM C]PM,-_,__ the day of - . Buyer agrees to take possession subject to rights of non- owner occupants now in possession. C3YES ANO. Any rents shall be prorated to date of closing. Seller agrees to deliver to Buyer all existing keys and garage door controls no later than possession. Buyers) Page 1 ()fit Seller(s) SUB.IHA TO CONTSELRACT PURC ADDENDUM AS ATTORNEY IN FACT FOR BANK OF AMERICA, N.A. eels) 98-102 (Revised 03111) Property Address 1021 Lei-Ga.,r 'e- Sit ka o t CHECK THE APPROPRIATE BOX purchased for appraisal; however, this 53. 1. CASH to be paid at closing. Buyer may have access to property p agreement Is not contingent upon Buyer obtaining funds. Settlement fee, If any, shall be paid by the Buyer. 0 2. FINANCING. This agreement Is subject to Buyer 0 OBTAINING 0 ASSUMING a commitment for an initial El CONVENTIONAL CI INSURED CONVENTIONAL El FHA ❑ VA mortgage ban on said propertyal Interest rate not to exceed_.._ o per annum ❑ FRM ` DARN! amortized over a period of years._ incurred in securing such mortgage shall be paid by the Buyer unless otherwise noted In paragraph w h a lender and t r agrees upon acceptance of this agreement to Immediately make application for such mortgageloan make a good faith effort to obtain a mortgage commitment and proceed toward closing as above provided. Buyer B hall, obtain such mortgage commitment on or before , 20 . Within this same period, shall notify Seller, in writing, that Buyer has secured said mortgage commitment and that this contingency is removed. If Buyer, after a good faith effort has not obtained a written mortgage commitment and given such written contingency removal notice within this same time period, this agreement shall be null and void and the earnest money shall be returned to Buyer.to be held In trust ❑ 3. INSTALLMENTS. Earnest money of $ by •and $ - -. . upon execution "of a Uniform Real -._ _ -_ _ Estate Contract on or before possession date, in which Buyer agrees to pay the remaining balance of $ at the rate of $ : or more, per month. including Interest, until the entire purchase price is paid, with Interest from date of possession at the rate of °% per annum until paid. Such interest is to be computed monthly upon the balance owing at the beginning of each respective interest and computation shaloe period. Such monthly payments shall commence on the day of paid et a place designated by Seller. Any payment delinquent for more than 30 days shall draw interest at _% per annum compounded monthly. Notwithstanding the payment provisions herein the outstanding balance of principal and Interest shall be paid on or before the day of, if Seiler presently has a mortgage or land contract obligation on subject property, Seiler may declare' this agreement null and void if mortgagee accelerates said mortgage or raises the interest rate thereon to a rate exceeding % per annum, or if the underlying contract prohibits an Installment sale, The contract shall be on the terms and conditions of the Black Hawk County Conference REALTORS end Lawyers Standard Form 162A revised January 1996 , Of the le ai e u c tithe t thereof. All parties agree to execute and deliver said contract concurrently with delivery of possessionpayment balance of the downpayment, whichever occurs first. Settlement fee, if any, shall be paid by the Buyer. 4. ASSUMPTtONIASSIGNMENT. If this transaction contemplates a mortgage assumption or contract assignment, Buyer may declare this agreement null and void and demand a return of their earnestmoneyt mortgagee tgageei 9 legate isd mortgage or raises the Interest rate thereon to a rate exceeding percontractnot assignable. This agreement Is subject to Seller's release of liability on the existing mortgage or contract Yes () 0 be determined on or before .4f the installment to lmen 5. TAXES AND ASSESSMENTS. Seller sha pays _.#• *�� • - ` ° ` of general property taxes on saki property which become deilnquent if not geld on or before ®e r .a lmen . t is to be and all prior Installments. Buyer shalt pay alt subsequent installments. If any installment of ge ppyo all be based be prorated and if such taxes cannot be determined by the date of the settlement thereof, uch change proratingIn the assessed be valuation ion the amount of the last determinable Installment, proportionately adjusted byany attributabte to capital Improvements and which are detemiinable on the date of settlement If dosing takes place other than the date on the Purchase Agreement, taxes shall bo prorated to the revised date of closing. Buyer shall pay the cost of all street ollfngs which are not liens on the date hereof. Seller shall pay ail sewage disposal assessments due and all special assessments which are liens against said premises on the date thereof, except those for improvements which have not been completed and accepted by the City Council on the date thereof, which Buyer will Pay- Buyer(s) ay Buyer($) Page 2 of 4 AS ATTORNEY IN FACT FOR BANK OF AMERICA, N,A., SUBJECT TO SELLERS PURCHASE CONTRACT ADDENDUM „ • 98-102 (Revised 03/11) Property Address )©21 Ld- df e. 5kree t ± x4col =,- 5C1O r OTHER TERMS/COM/MONS THIS PURCHASE AGREEiilENT IS SUBJECT TO: w . t.fi ' ?e te-Vo br4 'ice 4+ 'deal SS/rade, ' qs ( •A•Nar_ ,m_ anFlK gF aMFRlC N•A 7. CONDmON OF PROPERTY. The property as of the date 'of this agreement including buildings, grounds. and all improvements will be preserved by Seller in its present condition until possession or closing, whichever occurs first Seller further represents plumbing, heating, cooling, electrical systems,. and appliances included in this Purchase Agreement to be in working order at the time of possession or closing, whichever occurs first. unless otherwise stated on attached Seller Disclosure of Property Condition, written amendments or addendums to this Purchase Agreement or unless otherwise stated in paragraph 6 above, and Buyer shalt be permitted to make a 'walk through” inspection of the property prior to possession or closing, whichever occurs first to verify the same. Seller agrees to remove all debris and personal property, not Included herein, from the premises prior to possesssion. 8. INSPECTION OF PROPERTY. The Buyer Is responsible for making their own inspection of any property for which they make an offer. (It Is understood that these provisions are independent of any lender requirements for financing approval.) Within 0 days after the final ao eptanoe date of this agreement, Buyer may, at Buyees sole expense, have the property inspected by a person(s) of Buyer's choice to Identify any structural, mechanical, plumbing, electrical, pest infestation, environmental concerns or other deficiency(s). Within this same period, Buyer may notify Seiler in writing of any such deficiency the Buyer wants remedied. Failure to do so shall be deemed a waiver of the Buyer's inspection. In the event of any request by Buyer as a result of inspections, Seller shall within three(3) business days after said notification (date of notification does not count) notify the Buyer In writing which steps, if any, Solver will take to remedy any deficiency before closing. The Buyer shall within three (3) business days (date of notification does not count) notify the Seller in writing that (1) such steps are acceptable, In which case, this agreement; so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this agreement shall be null and void, and any eamest business days as stat d above, shallbe returned to Bu ndeyer. Fthisragreem nt Seller andrvoki Buyer and any earnest money shall be returned( to Buyer. a 9. RISK OF LOSS AND INSURANCE. Seiler shall bear the risk of loss or damage to the property prior to closing or possession, whichever occurs first. Seiler agrees to maintain existing Insurance and Buyer may purchase additional Insurance.' In the event of substantial damage or destruction' prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of if damages not ber to repaired dclare totf is sent agreement null and condition on void. The property shall be deemed substantially damaged or destroyed or before the closing date. 10. TITLE PAPERS AND ABSTRACT. At the time of the final payment hereunder, the Seller shall convey the premises to the Buyer by warranty deed and shall furnish the Buyer an abstract of title that, in ttie case of platted property, begins with the recording of the proprietors plat of subdivision, or with root of title, and that shows marketable record title to the •premises vested in the Seller as of the date of this agreement between the parties hereto. Within a reasonable time after the execution of this agreement, such abstract, certified to a date subsequent to the date hereof, shall be submitted to the Buyer for examination. Buyer or Buyer's attorney shall either approve the title or point out specific objections. After all valid objections have been satisfied or provided for, Seiler shall have no obligation to pay for further abstracting excepting any made necessary by his own affairs. 11. COURT APPROVAL. If the property is an asset of any estate, trust, conservatorship, or receivership, this agreement shall be subject to Court approval, unless declared unnecessary IbyBuyer's uyert a Court attorney. Offices Deed thesIf nessa, h beyappropriate fiduciary shall promptly proceed to a hearing for Court approval, to convey title. • A Page 3 of 4 AS ATTORNEY iN FACT FOR 8efier(s)BANK OF AMERICA, N.A. Initiats) SUBJECT TO SELLERS PURCHASE CONTRACT ADDENDUM.... _.....r_.�r,. 98.102 (Revised Mitt) Ast 5 a .-� 1kl Property Address ..: !l -F ' . ,> ; �. �I �� � ', , , , ,`xt..,. .1" : 12. surveyed and certified Re SURVEY. La Buyer may, at Buyer's sola es any encroachment prooachment onor to g, have the the property or 11 any Improvements located on the Registered Land Surveyor. If the survey shows any is property es onlands others, shall be treateddefect. If survey uired under Iowa Code Chapter fi4,Sellershall the co thereof, (Chapter 354 only to land which haseendivided using a metes and bounds description.)rice of above described13. RETURN OF EARNEST MONEY. Earnest money submitted as part of the purchase p property shell be retumed to the Buyer In case thle agreement is not accepted. Any other release of earnest money shall require informed written consent of all parties to this agreement 14. REMEDIES OF THE PARTIES. If Buyer or Seiler faiits to timely fulfill the terms of this agreement, then the other party shall be entitled to utilize any and all remedies or actions at law or in equity which may be available to them (including but not limited to: forfeiture, foreclosure, termination, recision, or specific performance), and the prevailing party shall further be entitled to obtain judgment for costs and attorney fees. 15. THIS 15 A LEGALLY BINDING CONTRACT. This document contains the entire agreement of the parties and supersedes all prior agreements or representations with respect to the property which are not expressly set Forth herein. Any modification of this agreement must be In writing and signed and dated by all parties. TIME IS OF THE ESSENCE In the performance of each part of thls agreement. If not understood, consult your attomey. 16.. ADDENDUMS ATTACHED TO THIS OFFER INCLUDE: SPECIFIC PROPERTY AGENCY DISCLOSURE AGREEMENT SELLER DISCLOSURE OF PROPERTY CONDITION YES 0 NO 0 NOT APPLICABLE LEAD BASE PAiNT DISCLOSURE YES 22 NO 0 NOT APPLICABLE 0 17. NOTICE AND COUNTERPARTS. Any notice required under this agreement shall be deemed given when it is received In writing either by hand delivery, fax, return recelpt requested mall, or electronic mall. Persons designated for receipt of any notice for the purpose of this agreement shall be the Seller and Buyer or their respective agents. A signed copy of this agreement, counteroffers, and all addendums or amendments to this agreement shall, taken together,; constitute a single binding agreement. 18. ACCEPTANCE D_ m ATE. When accepted by the Seller, this agreement shall become a binding agreement for the sale of e` _ above ,d ibed property, If thls agreement is not accepted by the Seiler on or before h1 ° h. -try 64 i 4/ A it shall become null and void and the ; F money shall be return + to a Buyer without liability on the part of either pa 19. SELLER HEREBY {]ACCEPTS !.! COUNTERS []REJECTS the above agreement one' 21t En t & , if Seller has made e counteroffer by changing and Initialing any ternts, the coup fl`ei ' shall betome null and void unless accepted and initiated by Buyer on or before .'F V>c:X t. V(A 9D1 If Buyer has made a counteroffer by changing and initialing any terms, the counteroffer shalt becothe nu tt; nd void unless accepted and initialed by Seller on or before 'V.I. `" Z t AS ATTORNEY IN FACT FOR BANK OF AMERICA N,A. FINAL ACCEPTANCE DATE: This form Iwo been mad* evolabia by the Waterloo -Cedar Fa9a Board or REAL cccyrlghted by Waterloo -Cedar Falb Board of REALT©RSS which Makes no warranty from Rs use. By use of that toren the partes agree to OM Mutation and retaarie the Wa any Ifability arising out of do user. This form shall not be reprodu ed, In whole or in part with Page 4of4 Mr idents and ctrskart>ao end i as Caen arils iCi;rlabillly hsr dsme9os reaming Brokers, nerds, and subagents, from or Fels Board of REALTOR3;P SUBJECT TO SELLERS PURCHASE CONTRACT ADDENDUM REO # 01059950 Bank of America, N.A. Buyer's Acknowledgment and Disclosure BUYER(S) Islare buying the property known as: Property Address: 1027 LAFAYE VE STREET WATE.RLOC► d from sing the directly, indirectly oathrough a famitynd a ememberr, htthe ousehold mem ber or n Interestersons are Inca partnership,rsr corporation, Property, Y. y venture, trust or other entity: 1. Officers, employees, or directors of Bank of America, NA_ (Bank), its parents, subsidiaries, or affiliated , companies; 2. A spouse or domestic partner of a Bank employee, a dependent child who fives with a Bank employee, or any other person who derives his or her primary means of financial eupport from a Bank employee; and 3. Bank of America, N.A. (Bank) agents, brokers, appraisers, attorneys, trustees, employees of representatives and vendors (Including but not limited to property inspection companles, property preservation companies, title companies) of Bank of America, N.A., its parents, subsidiaries, or afYilated companies. Buyer(s) hereby certifies/certify that: 1/we amlare not en officer, employee, or director of Bank of America, N.A. (Bank), its parents, subsidiaries, or . affiliated companies. I/we am/are not a spouse or domestic partner of a Bank employee, a dependent child who lives with a Bank employee, or any other person who derives his or her primary means of financial support from a Bank employee, !Ave am/are not a Bank of America, N.A (Bank) agent, broker, appraiser, attorney, trustee, employee of any representative or vendor (including but not limited to a property Inspection company, property preservation company, or title company) of Bank, its parents, subsidiaries, or affiliated companies. This certification Is made to the Seller In connection with the closing of the sale of the Property to the Buyer(s) under the purchase and sale agreement dated .- 5— /4 between Seller and Buyer/Buyers, as a material inducement to the Seller and Bank to proceed with the closing, and It may be relied upon by the Seller or Bank and their respective affiliates, agents, representatives, and successors and assigns. Waterloo Commun*y Devolopefunt Buyer's Signature C3.2481422112 Page 1 of 1 off . -:-,* Date bate Bank of America REO # 01053659 Bank of America] Home Loans TER DAMAGE TOXEC MOLD & ENVi ON t1 NTA INDEMNIFICATION AGREEMENT The undersigned parties to a purchase contract dated the property and the improvements commonly known as 1027 tAFAYETTE STREET WATERLOO (the "Property") between t teuto°CommunityDevm(opment Board and Bank of America, N.A. ("Seller"), acknowledge and agree as follows: Seller hereby advises Buyer that the Property (including, but not limited to, the basement) is or may be affected by water or moisture damage, toxic mold, and/or other environmental hazards or conditions. Seller further advises Buyer that as a consequence of possible water damage and/or excessive moisture, the Property may be or has been irrevocably contaminated with mildew, mold, and/or other microscopic organisms. Buyer is being advised that exposure to certain species of mold may pose serious health risks, and that individuals with immune system deficiencies, infants, children, the elderly, individuals with allergies or respiratory problems, and pets are particularly susceptible to experiencing adverse health effects from mold exposure. Buyer acknowledges that Seller has advised Buyer to make his/her own evaluation of the Property and to have the Property thoroughly inspected. 'Buyer has been further advised by Seller that all areas contaminated with mold, and/or other environmental hazards or conditions, should be properly and thoroughly remediated. Additionally, Buyer has been advised by Sellers that habitation of the Property without complete remediation may subject the inhabitants to potentially serious hearth risks and/or bodily injury. Buyer acknowledges that it is the sole responsibility of Buyer to conduct any remediation on the Property. Buyer also acknowledges that Buyer is buying the Property AS -IS. Buyer represents and warrants to Seller that Buyer has made (or will make before closing on the purchase of the Property) his/her own inspection and evaluation of the Property to Buyer's complete satisfaction, and Buyer accepts the Property AS -IS at the time of closing. Buyer is electing to purchase the Property from Seller in an AS -IS condition with full knowledge of the potential condition of the Property, the potentially serious health risks, and the potential liability that Buyer could incur as the owner of the Property for claims, losses, and damages arising out of any toxic mold contamination, and/or other environmental hazards or conditions on the Property. Buyer agrees that the purchase price of the Property reflects the agreed upon value of the Property ASIS taking into account the aforementioned disclosures. Buyer understands and acknowledges that the Property was acquired by Seller through foreclosure, deed -in -lieu of foreclosure, or similar process, that Seller has never occupied the Property, and that Seller has little or no direct knowledge regarding the condition of the Property. Buyer further acknowledges that Seiler has not made and does not make any express or implied representations or warranties of any kind with respect to the environmental condition of the Property or whether the Property is in compliance with applicable local, state, or federal environmental or other laws, statutes, regulations, rules, ordinance , for the purchase of Wit+ ("Buyer") Revised 346 Page 1 of 2 REO # .01053850 codes, or standards ("Laws"). Buyer hereby agrees not to pursue any claims, losses, or damages, against Seller, or Seller's parent company, subsidiaries, affiliates, directors, officers, employees, partners, shareholders, representatives, agents, brokers, predecessors, successors, or assigns, arising out of or relating in any way to any violations of Laws, or far costs, fees, or expenses incurred in conducting investigations relating to Laws or the Property. In addition, to the ii&llest extent permitted by law, Buyer, for himself/herselt and for all Buyer's invitees, agents, heirs, executors, devisees, and assigns hereby forever waives and fully releases Seller, and Seller's parent company, subsidiaries, affiliates, directors, officers, employees, partners, shareholders, representatives, agents, brokers, predecessors, successors, and assigns (the "Released Parties") from and against any and all claims, causes of action, whether administrative or judicial, losses, costa (including any and all reasonable attorneys' fees, court costs, and reasonable costs of investigation, litigation, and settlement), expenses, sanctions, curtailments, interest, liabilities, penalties, fines, demands, liens, judgments, compensation, fees, loss of profits, injuries, death, and/or damages, of any kind whatsoever, whether known or unknown, fixed or contingent, joint or several, criminal or civil, or in law or in equity arising from, in connection with, or in any way relating to any known or unknown conditions of the Property, including but not limited to, the existence of toxic mold, and/or any other environmental hazards or conditions on the Property ("Claims"). Buyer also agrees to fully indemnify, protect, defend, and hold the Released Parties harmless from and against any and all Claims. Rev, *d 3106 SELLER: Bank of America, N.A. RN IN FACT FOR Title: BANK OF AMFRICA, N.A. Dated: Z1.20114 Page 2 of 2 REO # 01053850 Bank of America, N.A. Lead -Based Paint and Lead -Based Paint Hazards Disclosure, Wokifolivitidifitirient titidAiidenduni The following temps and conditions are in addition to the Bank of Amens, N.A. Reel Estate Purchase Addendum and State Residential Purchase Agreement tOntrad, for the Property known as h 1027 LAFAYETTE STREET WATERLOO to ('Property'? h which _. Wrtarioo ComnwrvN Development Board is refer eft to as 'Buyer(ar and Bank ofAmence. NA Is referred to is `Seller". Lead Warning Statement: Every purchaser of any Interest in residential real property on which a residentlal dwelling was built prior to 1978 Is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of devetoping lead poisoning. Lead poisoning In young children may produce permanent neurological damage, Including learning disabilities, reduced intelligence quotient, behavioral problems, and Impaired mem�rogLead to oningaalso e ppsees a r with particular y lainr risk to on pregnant women. The seller of any interest In residential real properly lead-based paint hazards from risk assessments or lnspedlons In the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or Inspection far possible lead-based paint hazards is recommended prior to purchase. Seller Disclosure: The Property was acquired through foreclosure, deed.indleu of fol edosrme, farfeta/re, tax safe, eminent domain or similar process therefore the Seller has no knowledge, records or reports pertaining to lead-based paint and/or lead based -paint hazards located in the Property. Inspection Timeframes: Buyer (s) have 10 days from contract exeadion to conduct a rink assessment or inspection for the presence of lead-based paint and/or lead based paint hazards. Repairs, Renovation and Painting Rule: All contractors and maintenance professionals repairing or painting dwelings twit prior to 1978 mat be certified and follow the EPA protective Work practice standards. References: Buyer (a) can visit the United States Erwironmentat Protection Agency (EPA) at www.epa govlkad for facts related to lead- based paint and/or lead based paint hazards. Certification of Accuracy: The Property was built PRIOR to 1978 or was bunt AFTER 1978 The following parties have reviewed the information above and Certify, to the best of their knowledge, that the information they ave provided la true and eccura AS ATTORNEY IN FACT FOR BANK OF AMERICA, N.A. REO 01053850 Bank of America, N.A. Rea! Estate Purchase Addendum This Real Estate Purchase Addendum ("Addendum") Is to be made part of, and incorporated Into, the Real Estate Purchase Contract dated - - 5 " .14 (the 'Contract") between Bank of America, NA, ('Setter" or 'Bank" or'Servlce and the terms "Seiler" or 'Bank* may also include Bank of America, NA.. not in its individual capacity but as agent in fact on behalf of Seller) and 3 Waterloo Community Develomerit f oa {'Buyer) to the Property improvements located at the following a ress' 1027 tAFAYETTE STREET WATERLOO IA 50703 ("Property"). Buyer and Seiler may each be referred to herein as a i'arty" and collectively es the "Parties," the Contract and this Addendum together constdute the Agreement'. The Seller and the Buyer agree as follows: 1. Limitation of Seller's liability and Buyer's wavier of Important rights: Buyer understands and acknowledges that Seller has acquired the Property through Foreclosure, Deed -in -Lieu of Foreclosure or similar process, Seller has never occupied the Property, and Seller has tittle or no direct knowledge about the condition of the Property. Buyer agrees that Buyer is buying the Property 'AS IS" (as more fully set forth in section 12 of this Addendum). Notwithstanding any provision to the contrary in the Agreement, Seder's liability and Buyer's sole and exclusive remedy in all circumstances and for ati claims (as the term is defined in section 25 of this Addendum, and all references in this Addendum to 'claims," "claim," 'CLAIMS' or "CLAIM' shall have such meaning) arising out of or relating in any way to the sale of the Property to Buyer including, but not limited to, Seller's breach or termination of the Agreement (other than a termination by Seller as a result of a default by Buyer), the condition of the Property, Setter's title to the Property, the occupancy status of the Property, the size, square footage, boundaries or location of the Property, any cost or expense incurred by Buyer in selling a current or prior residence or terrninattng a tease on a current or prior residence, obtaining other living accommodations, moving, storage or relocation expenses, or any other costs or expenses incurred by Buyer In connection with the Agreement shall be limited to no more than. (A) A return of Buyer's earnest money deposit if the sate to the Buyer does not close as a result of a default by Seller or If Seiler elects to terminate this Agreement upon the terms hereof other than for a default by Buyer: or (B) If the sate to Buyer closes, the lesser of Buyer's actual damages or $5,000. Buyer shall not be entitled to return of Buyer's earnest money deposit if Buyer materially breaches the Agreement Buyer agrees that Seller shall not be liable to Buyer under any circumstances for an special, consequential, or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other Iegai or equitable principle, theory or cause of action arising out of or related in any way to any claim, including, but not limited to, the aforementioned claims. Any reference to a retum of the Buyer's earnest money deposit contained in the Agreement shall mean a return of the earnest money deposit, Less any escrow cancellation fees applicable to the Buyer under the Agreement and less fees fullest extentpe mi ed by law the Buyer wanes nyable for services and ts provided claa s that the during escrows unique aat the nd the r's uyer uest To the Page 1 of 17 Buyer (initials) Seller (initials) AS ATTORNEY IN FACT FOR BANK OF AMERICA, N.A. REO # oio55850 acknowledges that a return of its earnest money deposit can adequately and fairly compensate the Buyer.Upon the return of the earnest money deposit to Buyer, the Agreement shall be terminated, and the Buyer and the Seiler shall have no further liability, obligation, or responsibility to each other In connection with the Agreement, except as to arty provision that Survives the te1minettan of this Agreement pursuant to Section 29 below, if the sale to Buyer doses and Seiler compensates Buyer as provided above for Buyer's actual damages, if any, then the Buyer and the Seller shall have no further liability, obligation or responsibility to each other in connection with the Agreement, Seller's limitation of liability and Buyer's waivers provided in the Agreement are a material part of the consideration to be received by the Seller under the Agreement as negotiated and agreed to by the Buyer and the Seller. The Buyer further waives the following, to the fullest extent permitted by law: (A) All rights to file and maintain an action against the Seller for specific performance; (B) Right. to record a Lis Peridens against the Property or to record the Agreement or a memorandum thereof in the real Property records; (C) Right to Invoke any equitable remedy that would prevent the Seiler from conveying the Property to a third party Bim; (0) Any claims arising from the adjustments or proration or errors In calculating the adjustments or proration that are or may be discovered after closing unless such claims are material and Buyer notlfires Seller 4n writing of such claims within thirty (30) days of the closing date; (E) Any remedy of any kind that the Buyer might otherwlse be entitled to at law or equity (including, but not limited to, rescission of the Agreement). Except as expressly provided in this Addendum; (E) Any right to a trial by jury in any litigation arising from or related in any way to the Agreement; (G) Any right to avoid the sate of the Property or reduce the price or hold the Seller liable for any claims arising out of or related in any way to the condition, construction, repair or treatment of the Property, or any defects, apparent or latent, that may now or hereafter exist with respect to the Property; s area orany Anotheclaims matter thatt of et wouldbel disclosed in or revealed bto y encroachments, nray oIInnspection of�the Property or search of public records; and (1) My claims arising out of or relating in any way to the square footage, size or location of the Property, or any tnformation provided on the multiple listing service, or brochures orwebsltes of Seller or Seliees agent or broker, References to the 'Settee In this Section 1 of this Addendum shall include the Seiler and the Indemnified Parties (as defined In Section 25 of tills Addendum), and all references In this Addendum to "indemnified Parties' or 'INDEMNIFIED PARTIES' shalt have the meaning set forth in Section 25,, 2. Effective Date: • The date 0f Seller's execution of this Addendum shall be the "Effective Date' of the Agreement notwithstanding any prior understanding or Agreement with respect to the financial terms set forth herein. The Agreement shall be null and void if the Agreement signed by the Buyer is not actually received by the Seiler Page 2 of 17 Buyer (initials) Seller (initiais) AS ATTORNEY IN FACT FOR BANK OF AMERICA, N.A. RE0 # 01053950 before the Seller accepts a competing offer or gives verbal or written notice of revocation to the Buyer, the Buyers agent or attorney, or the listing agent. The Agreement must be approved by the Seller's management, and d must be signed by al( parties in order to be binding. 3. Purchase Price: Purchase Price: $ ©own Payment: $ 25300 gamest Money Deposit: $loco loan Amount (nte): $ 0 4. Earnest Money Deposit. If applicable, escrow will be opened by both parties immediately following the Effective Dale with an escrow/closing agent acceptable to the Seller and Buyer, The Buyer's earnest money deposit is to be delivered to the selected closing agent to be held pursuant to local law and custom, within 24 hours of notification of selected dosing agent. 5. Financing: The Agreement (check one): 0 is Q is not contingent on the Buyer obtaining financing for the purchase of the Properly. If the Agreement is contingent on financing, the type of financing shalt be the following (check one); (8 (A) II the Agreement Is contingent on lfnancing, the Buyer shall apply fora loan in the amount of Er with a term of years, et prevailing rates, terms and conditions. The Buyer shall complete and submit to a mortgage lender an application for a mortgage loan containing the terms set forth in this paragraph within three (3) business days of the Effective Date, and shall use diligent efforts to obtain a mortgage Loan commitment within fifteen (15) calendar days from the said date., If, despite the Buyer's diligent efforts, the Buyer cannot obtain a mortgage loan commitment by the specified date, then either the Buyer or the Setter may terminate the Agreement by giving written notice to the other Party, The Buyer's notice must indude a copy of the ban application, proof of the application date, and a copy of the denial tetter from the prospective lender. In the event of a proper termination of the Agreement under this paragraph, the earnest money deposit shall be returned to the Buyer and the parties shall have no further obligation to each other under the Agreement, The Buyer agrees to cooperate and comply with alt requests for documents and information from the Buyer's chosen tender during the loan application process. Falfure of the Buyer to comply with such requests from the lender that results in the denial of the mortgage loan shaft be considered a material breach of the Agreement and Seller shall be entitled to exercise its remedies under Section 24 of this Addendum. If the Agreement is contingent on financing, as a sales oondit on, Buyer must obtain a prequalffication Tetter from Sank of America, N.A, or Merrill Lynch, or another financial institution to proceed with the purchase for a mortgage loan In an amount and under terms sufficient for Buyer to perform its obligations under the Agreement, and such letter must accompany the Agreement. The prequalrfleatlon letter shalt include, but is not limited to, the Buyer's name and loan approval amount necessary to meet Buyer's obligations under the Agreement. Buyer's submission of proof of prequatifcation is a condition precedent to Seller's acceptance of Buyer's offer, Seller may require Buyer to obtain, at no cost to Buyer, loan prequalificatfon as Seller may direct. Notwithstanding any Seller required prequali1catlon, Buyer Is not required to obtain financing from Bank of America, N.A. or Merrill Lynch and Buyer may obtain financing from any source. Page 3of17 Buyer (initial Setter (initials) AS ATTORNEY IN FACT FOR BANK OF AMERICA, N.A. REO # 01053850 (B) Cash Offer: Buyer shall provide Listing Broker (Broker representing the Seller for this Property sate) and/or Bank Representative proof of liquid funds on deposit in the United States sufficient to close this transaction_ Such proof shall be provided within three (3) business days of the Effective Date and shall be subject to Seller's approval. The Property shall remain on the market until such proof of funds Is accepted by Seiler. Notwithstanding the teens provided to Section 11 for Inspection of the Property, In the event of a noncontingent cash offer, all inspections shall be completed and any notice of disapproval shall be given to Seller within seven (7) calendar days of the Effective Date, Failure to timely notify Seller of any disapproval shaN be deemed acceptance by Buyer of the Inspection results and the condition of the Property, Cash offers shall not be subject to any contingency, unless specifically described in Section 9 of this Addendum. (C) The Buyer is aware (het the price and terms of this transaction were negotiated on the basis of the type of financing selected by the Buyer: Any change of the loan type, loan terms, financing or Buyer's lender after the Agreement has been entered Into shall be subject to Seller's approval and may require, at Seller's sole discretion, renegotiation of all or some of the terms of the Agreement 6. Other Financial Terms: Requested Closing Costs to Be Paid by Seiler on Behalf of Buyer, (Limited to loan guidelines) FHAIVA Allowable Costs' S 0.00 Other Loan Types Non Allowable: $ Property Transfer Taxes: $ 0 00 - Home Protection'Pollcy: $ o.00 - Other. S 000 Other. S 0.00 TOTAL: S0 Request Repairs: By Buyer/Lender (nte) 3 - Fumigation/Chemical Orly; Termite Repairs (nte),S o.a0 Pest Report (nte)A00 Other: 5 0.00 TOTAL: 3 0 - Notwithstanding any provision in the Agreement to the contrary, if Seller agrees In the Agreement to pay any of the Buyer's dosing costs, then Seiler shelt anty pay the lesser of the Buyer's actual nosing costs and the dosing exists that Seller has agreed to pay in the Agreement, Section 16 has additional provisions pertaining to dosing costs. Buyer (lnIlIele) Seller (initials) AS ATTORNEY I FACT FOR BANK OF AMERICA, N.A. Page 4 of 17 REO #("5 7. Time of the Essence: Closing Date: (A) It Is agreed that erne is of the essence with respect to alt dates specified in the Agreement and eny addenda, ridre intended ent shall or automatically and without t notice it tt Is not that all deadlines a concluded bytthe Clueing Date (as defineo be strict and absolute. d below) or any extension thereof. (B) The dosing shall take place on or before ahrt 1 14 or within five (5) calendar days of final loan approval by the lender, whichever is earlier ("Closing Date'), unless the Closing Date is extended in writing signed by the Seller and the Buyer or extended by the Seiler under the terms of the Agreement The igrsh� be held in the offices of the Seller's attorney or agent or at a place so designated and approved by theunless otherwise required by applicable law. If the dosing does not occur (through no fault of the Seller) by the date specified In this Section 7 of the Addendum or In any extension including any extension under subclause (c) of this Section 7, the Agreement is automatically terminated and the Seiler shah retain any earnest money deposit as liquidated damages and the parties shall have no further obligation under the Agreement, except as to any provision that survives termination pursuant to Section 29 of this Addendum. 8. The Buyer (check one): does yk does not intend to use and occupy the Property as Buyer's primary residence. 9. Additional Tams of Conditions: 10. Attachments: Page S of 17 Buyer (Weals) Seiler (Initials) AS ATTORNEY IN FACT FOR BANK OF AMERICA, N.A. REO # 01053050 11. Inspections: (A) On or before ten (10) calendar days (seven days for noncontingent cash offers as indicated in Section 5 (8) above) from the Effective Date, the Buyer shall inspect the Property or obtain for its own use, benefit and reliance, inspections andtor reports on the condition of the Property, or Buyer shall be deemed to have (1) waived such inspections and any objections to the condition of the Property, and (2) accepted the condition of the Property. The Buyer shall keep the Property free and clear of liens and indemnify and hold the Seller and the indemnified Parties harmless from ail Claims arising out of or relating in any way to the Buyer's inspections, and the Buyer shalt repair the Property, et Buyer's sole expense, for all such Claims. The Buyer Shall not directly or • indirectly cause any inspections to be made by any government building or zoning inspectors or government employees without the prior written consent of the Seller unless required by taw, in which case the Buyer shall provide reasonable notice to the Seiler prior to any such inspection. If the Seller has winterized the Property and the Buyer desires to have the Property inspected, the listing agent will have the Property dewinterized by seller's property preservation vendor prior to inspection and rewinterized after inspection. All winterizations and dewinterdzations must be performed by the setter's property preservation vendor. Within five (5) calendar days of receipt of any inspection report prepared by or for the Buyer, but not later than ten (1(1) calendar days (seven days for noncontingent cash offers as indicated in Section 5 (13) above) from the Effective Date, whichever first occurs, the Buyer shall provide written notice to the Seller of any items disapproved or problems with the condition of the Property, The Buyer's failure to provide such written notice to the Seiler shall be deemed as Buyer's acceptance of condition of the Property, The Buyer shall immediately provide to the Seiler at no cost, upon request by the Seiler, complete copies of ail inspection reports upon which the Buyer's disapproval of the condition of the Property is based. In no event shall the Seller be obligated to make any repairs or replacements or correct any problems or defects that may be indicated in the Buyer's inspection reports. The Seller may, at its sole discretion, make such repairs, replacements or corrections to the Property. If the Seller elects not to repair or correct the Property, the Buyer may cancel the Agreement within five (5) calendar days of receiving notice from the Seiler that Seiler elects not to repair or correct the Property. If Buyer timely notifies Seller of such cancellation, the Buyer shall retrive all earnest money deposited, If the Seller elects to make any such repairs or corrections to the Property, the Seiler shall notify the Buyer after completion of the repairs or corrections and the Buyer shall have five (5) calendar days from the date of such notice to inspect the repairs or corrections and notify the Seiler of any items disapproved. The Buyer's fatkrre t0 notify Seller of any items disapproved shall be deemed acceptance by Buyer of the condition of the Property. In situations that are applicable, a structrxai, electrical, mechanical or termite Inspection report may have been prepared for the benefit of the Seller. Upon Buyer's request. the Buyer may review such reports, but the Buyer acknowledges that such inspection reports were prepared for the sole use and benefit of the Seller. Buyer shall not rely upon any such inspection reports obtained by the Seller in making a decision to purchase the Property, and such reports shall not serve as a basis for Buyer to terminate the Agreement. (B) If the Property is a condominium or planned unit development or co-operative, unless otherwise noted required by law, the Buyer, et the Buyer's own expense, Is responsible for obtaining and reviewing the covenants, conditions and restriction, and bylaws of the condominium or planned unit development or cooperative within ten (10) calendar days of the Effective Date, The Seller agrees to use reasonable efforts, as determined at the Seller's sole discretion, to assist the Buyer in obtaining a copy of the covenants, conditions end restrictions, end bylaws. The Buyer will be deemed 10 have accepted covenants, conditions and restrictions, and bylaws if the Buyer does not notify the Seller In writing within ten (10) calendar days of the Effective Date of the Buyer's objection to the covenants, conditions and restrictions, and/or bylaws. 12. Condition of Property: The Buyer understands that the Seller acquired the Property by Foreclosure, Deed -In -Lieu of Foreclosure, forfeiture, tax sate or similar process and consequently the Seiler has little or no direct knowledge concerning the condition of the Property. As a material part of the consideration to be received by the Seller under the Agreement as negotiated and agreed to by the Buyer and the Seller, the Buyer acknowledges end agrees to accept the Buyer (initials Seller (initials AS ATTORNEY FACT FOR BANK OF AMERICA, N.A. Page 6of17 REO #.010633350 Property in 'AS IS" condition at the time of dosing including without limitation, any hidden defects or environmental conditions affecting the Property. whether known or unknown, whether such defects or canditlons were discoverable through inspection or not. The Buyer acknowledges that the Seller and its agents, brokers and representatives have not made, and the Seller specifically negates and dtsdaims, any representations, warranties, promises, covenants, Agreements or guarantees, implied or express, orel or written, with respect to; (A) The physical condition or any other aspect of the Property including, but not limited to, the structural integnty or the quality or character of materials used in construction of any improvements, availabi1ity and quantity of quality of water, stability of the soil, susceptibility to landslide or flooding, sufficiency of drainage, water leaks, water damage, mold or any other matter affecting the stability or integrity of the Property; (B) The conformity of the Property to any zoning, land use or building code requirements or compliance with any laws, statues, rules, ordinances or regulations of any federal, state or local governmental authority, or the granting of any required permits or approvals, if any, of any governmental bodies that had jurisdiicction over the construction of the original structure, any improvements and/or any remodeling of the structure; (C) The habitability, merchantability, marketability, profitabilityor to latent, for atpt now exist pt oar may e of the e Property, inducting redhibitory vices and defects, apparent or non -apparent t and that, if known to Buyer, would cause Buyer to refuse to purchase the Property, and (0) The existence, location, size or condition of any outbuildings or sheds on the Property. Mold, mildew, spores and/or other microscopic organisms and/or allergens (collectively referred to In the Agreement as "Mold') are environmental conditions that are common in residential Property and may affect the Property, Mold In some forms, has been reported to be toxic and to cause serious physical injuries, including but not limited to, allergic and/or respiratory reactions or other problems, particularly In young children, elderly persons, persons with immune system problems, allergies or respiratory problems, and pets. Mold has also been reported to cause extensive damage to personal and real Property. Buyer Is advised to thoroughly inspect the Property for Mold. Mold may appear as discolored patches or cottony or &padded growth on wails, furniture or floors, behind wails and above ceilings. Any and all presence of moisture. water stains, mildew odors, condensation and obvious Mold growth are all possible Indicators of a Mold condition, which may or may not be toxic. Mold may have been removed or covered in the course of any cleaning or repairing of the Property. Buyer acknowledges that, if Seller or any of Seller's employees, contractors, representatives, broker or agents cleaned or repaired the Property or remediated the Mold contamination, that Seiler does not in any way warrant the cleaning, repairs or remediation, or that the Property is free of Mold. Buyer is further advised to have the Property thoroughly inspected for Mold, any hidden defects and/or environmental conditions or hazards affecting the Property. Buyer is also advised that all areas contaminated with Mold should be property end thoroughly remediated. Buyer represents and warrants that: (A) Buyer accepts MI responsibility and liability for all hazards, and Claims that may result from the presence of Mold in or around the Property; (ay if Buyer proceeds to close on the purchase of the Property, then Buyer has inspected and evaluated the condition of the Property to Buyer's complete satisfaction, and Buyer is satisfied with the condition of the Property notwithstanding the past or present existence of Mold In or around the Property; and (C) Buyer has not in any way relied upon any representations or warrenties of Seller or Setter's employees. officers. directors, contractors, representatives, broker or agents concerning the past or present existence of Mold or eny environmental hazards in or around the Property. In the event the Property is affected by en environmental hazard, either Party may terminate the Agreement, In the event the Seller decides to sell the Property to the Buyer and the Buyer agrees to purchase the Property (as evidenced by Buyer and Seller proceeding to close) despite the presence of an environmental hazard, the Buyer releases the Seller and the indemnified Parties from any Claims arising out of or relating in any way to the environmental hazard or conditions of the Property, and Buyer agrees to also execute an additional general release at closing, in a from acceptable to Wier, related to the environmental hazard if Seller so requests. In the event the Buyer elects riot to execute the additional release, Seller may, at the Seller's sole discretion, terminate the Agreement upon notice given to Buyer. If Buyer elects to proceed with the dosing, Buyer waives end forever releases the Indemnified Parties arising out of the environmental condition of the Property Buyer (initials) Seller (initials) I AS ATTORN _1 FACT FOR BANK OF AMERICA, N.A. Page 7of17 REO # 01053$50 In the event the Seiler has received offidal notice that the Property is in violation of building codes or similar laws or regulations, the Seller may terminate the Agreement or delay the date of closing or the Buyer may terminate the Agreement. In the event the Agreement Is terminated by either Buyer or Sailer pursuant to this Section 12, any earnest money deposit will be returned to the Buyer, If there is an enforcement proceeding arising from allegations of such violations before en enforcement board, special master, court or similar enforcement body, and neither the Buyer nor the Seller terminate the Agreement, the Buyer agrees (A) to accept the Property subject to the violations and (B) to be responsible for compliance with the applicable code and with orders issued in any code enforcement proceedings. Buyer agrees to execute for dosing any and all documents necessary or required by any agency with junediction over the Property and to resolve the deficiencies as soon as possible after the closing. The dosing of this sale shall constitute acknowledgement by the Buyer that Buyer had the opportunity to retain an Independent, qualified professional to inspect the Property and that the condition of the Property Is acceptable to the Buyer at the time of closing. The Buyer agrees that Seller and the Indemnified Parties shall have no Debility for any Claims that the Buyer or the Buyer's successors or assigns may incur as a result of construction or other defects that may now or hereafter exist with respect to the Property. The Seiler may be exempt from filing a disclosure statement regarding the condition of the Property because the Property was acquired through foreclosure, deed-in•fteu of foreclosure, forfeiture, tax sale, eminent domain or similar process„To the fullest extent allowed by law, Buyer waives any right to receive a disclosure statement from Seiler, and Buyer agrees to execute a separate waiver, In a form acceptable to Seiler, if the law requires the waiver to be in a separate form. 13. Repairs: Ali treatments for wood -infesting organisms and all repairs shall be completed by a vendor approved by the Seiler - and shall be subject to the Seller's satisfaction only. If the Seller has agreed to pay for treatment of wood -Infesting orgartisms, the Setter shall treat onty active infestation. Neither the Buyer nor its representatives shall enter upon the Property to make any repairs and/or treatments prior to dosing without the prior written consent of the Seller. To the extent that the Buyer or its representatives make repairs and/or treatments to the Property prior to closing, the Buyer hereby agrees to release and indemnify the Seller and the Indemnified Parties from and against any and all Claims related In any way to the repairs and/or treatments, and Buyer further agrees, at Seller's request, to execute a separate release and indemnification In a form acceptable to the Seller pnor to the commencement of any such repairs or treatments. The Buyer acknowledges that alt repairs and treatments are done for the benefit of the Seller and not for the benefit of the Buyer unless and until the sale of the Property closes In accordance with the Agreement, and if Buyer closes Buyer acknowledges that the Buyer has inspected or has been given the opportunity to Inspect alt repairs and treatments. Any repairs or treatments made or caused to be made by the Seiler shaft be completed prior to the closing. Under no circumstances shall the Setter be required to make any repairs or treatments after the Closing Date. The Buyer acknowledges that dosing on this transaction shall be deemed to be the Buyer's reaffirmation that the Buyer is satisfied with the condition of the Property and with all repairs and treatments to the Property. Further, If Buyer doses, Buyer waives all Claims ertsing out of relating In any way to the condition of, or treatments or repairs to, the Property. Any repairs or treatments shall be performed for functional purposes only and exact restoration of appearance or cosmetic Items following any repairs or treatments shall not be required. The Seller shall not be obligated to obtain or provide to the Buyer any receipts for repairs or treatments, wntten statements Indicating dates or types of repairs and/or treatments, copies of such receipts or statements, or any other documentation regarding any repairs and treatments to the Property. The Seiler does not warrant or guarantee any work, repairs or treatments to the Property. 14. Occupancy Status of Property: The Buyer acknowledges that neither the Seller nor its representatives, brokers, agents or assigns has made any warranties or representations, Implied or express, relating to the existence of any tenants or occupants at the Page 8 of 17 Buyer (initials) Seller (initials AS ATTOR IN FACT FOR RANK OF AMERICA, N.A. REO # 01053850 Property. The Seger and fts representatives, brokers, agents and assigns shall not be responsible for evicting or relocabng any tenants, occupants or personal Property at the Property prior to or subsequent to closing. The Buyer further adcnowiedges that, to the best of the Buyer's knowledge, the Seller (A) is not holding any secunty deposits from former or current tenants, and (B) has no Information as to any security deposits that may have been paid by former or current tenants to anyone. Buyer agrees that no sums representing such tenant securfty deposits or any rights. title, or Interest In such deposits shalt be transferred to the Buyer as part of this transaction. The Buyer further agrees to assume ail responsibility and liability for the refund of such security deposits to any tenants pursuant to the provisions of applicable taws end regulations. Ail rents that are due and payable and collected from tenants for the month In which closing occurs will be prorated according to the provisions of Section 16 of this Addendum. The Buyer acknowledges that this Property may be subject to the provisions of local rent control ordinances and regulations. The Buyer agrees that upon the closing all eviction proceedings and other duties and responsibilities of a Property owner and landlord, including, but not limited to. those proceedings required for compliance with such local rent control ordinances and regulations will be the Buyer's sole responsibility. Buyer understands that the Property may be subject to redemption by the poor owner upon payment of certain sums, and Buyer may be dispossessed of the Property. Buyer Is advised to consult with an attorney to tufty understand the import and impact of the foregoing. Buyer agrees Buyer shall have no recourse against Seller in the event the right of redemption is exercised. 15. Personal Property: Items of personal Property, Including but not limited to, window coverings, appliances, manufactured homes, mobile homes, vehicles, spas, antennas, satellite dishes and garage door openers now or hereafter located on the Property are not included in this sale or the purchase price unless the personal Property is specifically described in this Addendum. Any personal Property at or on the Property may be subject to claims by third parties and therefore may be removed from the Property prior to or after the Closing Date. The Seller makes no representations or warranties as to the condition of any personal Property, title thereto, or whether any personal Property is encumbered by any liens. The Buyer assumes responsibility for any personal Property remaining on the Property at the time of closing 18. Closing Costs and Adjustments: (a) The Buyer and the Seller agree to prorate the following expenses as of dosing and funding: municipal water and sewer charges, utility charges, real estate taxes and assessments, common area charges, condominium or planned unit development or similar community assessments, cooperative fees, maintenance fees and rents, if any, In determining proration, the Closing Date shall be allocated to the Buyer. Payment of special assessment district bonds and assessments, and payment of homeowner's assodatlon or special assessments shall be paid current and prorated between the Buyer and the Seger as of the Closing Date with payments not yet due and owing to be assumed by the Buyer without credit toward the purchase price. The Property taxes shalt be prorated based on an estimate or actual taxes from the previous year on the Property if the current real estate tax bili Is not available. All prorations shall be based upon a 30 -day month, and ail such prorations shall be final. The Softer shall not be responsible for any amounts due, paid or to be paid after closing, including, but not limited to, any taxes, penalties or interest assessed or due as a result of retroactive, postponed or additional taxes resulting from any change in use of, or construction on, or improvement to the Property, or an adjustment in the appraised or assessed value of the Property. If the Property is heated by or has storage tanks for fuel oil, liquefied petroleum gases or similar fuels, the Buyer will buy the fuel in the tank at closing at the current price as calculated by the supplier. In the event the Seller has paid any taxes, spedat assessments or other fees and there is a refund of Buyer (dilats Seller (initials) AS ATTORNEY INACT FOR BANK OF AMERICA, N.A. Page 9 of 17 REO #_01053850 any such taxes, assessments or fees after closing, Buyer, as the then current owner of the Property, or the closing agent, In the event of a holdback for payment of such items, shall immediately remit the refund to the Seller. (b) Seller shall only pay those closing costs and fees associated with the transfer of the Property that focal custom or practice dearly allocates to Seller and any closing costs and fees specifically agreed to in Section 6, and Buyer shalt pay alt remaining fees and costs. Notwithstanding the foregoing, R ANA allocation of dosing costs shahs apply when applicable. (c) Upon to the dosing of this transaction, the Seiler shalt pay the real estate commission per the fisting Agreement between the Seller and the Seller's Hsiang broker. Unless disclosed to Seller, Buyer represents that Buyer is not a real estate licensee, and that the real estate licensee representing Buyer is not related to, or affiliated with Buyer. 17. Delivery of Funds: Regardless of local custom or practice, Buyer shall deliver all funds due the Seiler from the sate by wire transfer or in the form of cash, bank check or certified check to the dosing agent prior to delivery of the deed by the Seller o to the Buyer, 18. Certificate of Occupancy: If the Property Is located in a jurisdiction that requires a certificate of occupancy, smoke detector certification, septic certification, or any similar certification or permit ('Certificate of Occupancy') or any Torii of improvement or repair to the Property to obtain such Certificate of Occupancy necessary for the Property to be occupied, the Buyer understands that the Seller requires the Certificate of Occupancy to be obtained by the Buyer at the Buyer's sole cost and expense. The Buyer shall make application for all required Certificates of Occupancy within ten (10) calendar days of the Effective Date The Buyer shall not have the right to delay the closing due to the Buyer's failure or Inability to obtain any required Certificate of Occupancy, Failure of the Buyer to obtain and furnish the Certificate of Occupancy shall be a material breach of the Agreement and shall entitle Seller to retain any earnest money deposited by Buyer exercise its remedies under Section 24 of thls Addendum. 19. Delivery of Possession of Property: The Seller shell deliver possession of the Property to the Buyer at closing and funding of the sale; provided, however, that the delivery of possession shall be subject to the nghts of any tenants or parties in possession and Sever shall not be required to axing any action to evict, relocate or dispossess any tenant or party in possession subsequent to or atter the closing, If the Buyer alters the Property or causes the Property to be altered In any way and/or occupies the Property or allows any other person to occupy the Property prior to dosing and funding without the prior written consent of the Seller, then; (A) such event shall constitute a material breach by the Buyer under the Agreement (B) the Seller may terminate the Agreement; (C) the Buyer shall be liable to the Setter for all Claims caused by any such alteration or occupation of tate Property prior to closing and funding; and (D) Buyer waives all Claims for improvements made by the Buyer to the Property including. but not limited to, any Claims for unjust enrichment. 20. Deed; The deed to be delivered at closing shall be a deed that covenants that grantor grants only that title that grantor may have artd that grantor will only defend tele against persons claiming by, through or under the grantor, but not othen and Sale Deedn).. Any reference to thise (which deed e bterm `deede known agor'a Special Warraecial nty Deed" herein s, Limited hall bet construed to refclaim or er to such form of deed. Buyer (initials) Seller (initials) Am". AS ATTORNEY 1 ACT FOR BANK OF AMERICA, N.A. Page 10 of 17 REO # 01053850 21. Defects in Title: If the Buyer raises an objection to the Seller's title to the Property, which, if valid, would make title to the Property uninsurable, the Seller shall have the right unilaterally to terminate the Agreement by giving wrften notice of the termination to the Buyer. However, If the Seller is able to correct the problem through reasonable efforts, as the Seller determines, et its sole and absolute discretion, prior to the dosing date set forth in the Agreement, including any written extensions, or If title Insurance is available from a reputable title insurance company at regular rates containing affirmative coverage for the title objections, then the Agreement shall remain In full force and the Buyer shall perform pursuant to the terms set forth In the Agreement. The Seller is not obligated to (A) remove any exception, (B) bring any action or proceeding or bear any expense In order to convey title to the Property or (C) make the title marketable or insurable. Any attempt by the Seller to remove such title exceptions shall not impose an obligation upon the Seller to remove those exceptions. The Buyer acknowledges that the Sellers title to the Property may be subject to court approval of foreclosure or to a mortgagor's right of redemption. In the event the Seller is not able to (A) make the title Insurable or correct all title problems or (B) obtain title insurance for the Property from a refutable title Insurance company, either Party may terminate the Agreement and any earnest money deposit will be returned to the Buyer as the Buyer's sole remedy at taw or equity and the parties shall have no further obligation under the Agreement, except as to any provision that survives temtlnation pursuant to Section 29 of this Addendum. 22;Representations and Warranties: In addition to Buyer's representations and warranties made elsewhere herein, such as those found in Section 14 of this Addendum, the Buyer represents and warrants to the Seller the following: ation and inspect:1w of the Property and not on any InfThe Buyer is ormation, representation the n�oriwarranty provided or to be prin reliance on its own ove ed by the Seiler, Its servicers, representatives, brokers, employees, agents or assigns, inctudtng, but not limited to, any Information provided on any brochures or websites of Seller or Seller's agents or brokers, or any Information on the Mutttple Listing Service; (b) Neither the Seller, nor its servicers, employees, representatives, brokers, agents or assigns, has made any representations or warranties, implied or express, relating to the condition of the Property or the contents thereof, (c) The Buyer has not railed on any representation or warranty from the Seiler, or Seller's agents or brokers regarding the nature, quality or workmanship of any repairs made by the Seller, (d) The Buyer will not occupy, or cause or permit others to occupy, the Property prior to closing and receipt of the closing funds due to Seller, and, unless and until any necessary Certificate of Occupancy has been obtained from the appropriate governmental entity, Buyer will not occupy or cause or permit others to occupy the Property after closing. 23. Conditions to the Seller's Performance: The Seller shalt have the right, at the Seller's sole discretion, to extend the Closing Date or to terminate the Agreement it (a) full payment of any mortgage Insurance claim related to the loan previously secured by the Property Is not confirmed prior to the Closing Date or the mortgage insurance company exercises its right to acquire title to the Property, (b) the Seiler determines that it Is unable or It is economically not feasible to convey good and marketable title to the Property insurable by a reputable title insurance company at regular rates; (c) a third party having en interest in the Property (or the loan that was secured by the Property) has requested that the servicing lender or any other party release the servicing of or repurchase such loan or the Property; Buyer (initials) Seller (Initial AS ATTORNEY 1 FACT FOR BANK OF AMERICA, N.A. Page 11 of 17 REO 0_01053850 (d) full payment of any Property, fire or hazard Insurance claim is not confirmed prior to the Closing Dale; (e) any third party, whether tenant, homeowner's association or otherwise, exercises rights under a right of first refusal to purchase the Property; (i) the Buyer is the former mortgagor of the Property whose Interest was foreclosed or is related to or affiliated In any way with the former mortgagor, and the Buyer hasiiotdlsdosed,Ihfefact lathe Seger, prior to the Seller's acceptance of the Agreement Such failure to disclose St 18g CorlatitUte timatedal breech under the Agreement, entitling the Seiler to exercise any of Its rights and remedies; fidudlrig, without ft hltatiot , retaining the eamest money deposit; or (g) the Seller, at the Seller's sole discretion, determines that the sale of the Property to the Buyer, or any related transactions, are In any way associated with Illegal activltji.of any kind. In the event the Seller elects to terminate the Agreement as a result of (a), (b), (c), (d), (e) or (g) above, the Seller shall retum the Buyer's earnest money deposit and the parties shall have no further obligation under the Agreement, except as to any provision that survives termination pursuant to Section 29 of this Addendum. 24. Seller's Remedies for Buyer's Default: In the event of Buyer's material breach or material misrepresentation of any fact under the terms of the :A071eliment,:(1) the. Seller, et its option, may terminate the Agreement and retain the earnest money deposit end otherfiinds_then paid by the Buyer as liquidated damages and/or invoke any other remedy expressly set out ,Tn the Agri ement;orevellable !Aider applicable law, (2) tate Seiler Is automatically released from the obrigation to sell the Propertyto the Buyer.and (3) Seller and the Indemnified Parties shall not be liable tb the Buyer for any Clalms arising out of or relating in any way to the Seller's failure to sell and convey the Property to Buyer. Upon termination of the Agreement under this Section 24, the parties shalt have no further obligation under the Agreement, except as to any provision that survives termination pursuant to Section 29 of this Addendum. 23. Indemnification: The Buyer agrees to indemnify, defend and hold harmless Seller and its affiliates, subsidiaries, parent company, representatives, agents, officers; dlrectors, employees, attorneys, shareholders, servicers, tenants, brokers, predecessors, successors and assigns ('Indemnified Parties') from and against any and ail claims, causes of action, whether adreln stratiVe or Mittel, losses, costs (including any and all reasonable attorneys' fees, court costs and reasonable costs of Investigation, litigation and settlement), expenses, sanctions, curtailments, interest, fiab1111es, penalties, fines, demands, liens, judgments, compensation, fees, toss of profits, injuries, death and/or damages of any kind whatsoever, whether known or unknown, fixed or contingent, joint or several, criminal or civil, or in law or in equity ("Claims') arising from, in connection with, or In any way relating to: (a) inspections or repairs made by the Buyer or its agents, representatives, brokers, employees, contractors, successors or assigns, (b) 11* IreposWorf of aeieri or penalty imposeb by'any governmental entity resulting from the 13uyer's failure to tlm&y ;cbteie any,Certificate of tep,pepancy or 1>i ')Ply with equivalent laws and regulations; (c) cletms fur.amounis'due end.ewed by'the Setier,for real Property taxes, homeowner's association dues or essessnienVorany,other.Rents prorated at closing Linder Section 18 of this Addendum, including any penalty or interesterid tiiher,Chettle8; erisin'g'fromthe proration of such amounts for which the Buyer received a credit at dosing.under Section'16 of this Addendum; (d) the Buyer or the Buyers;terlenis: agents or ropresenlaflves use andror occupancy of the Property prior to closing and/or, Issuance_ or required Certiflcales of Occupanor (e) The Buyet's'brsactt of orfalfure cy', debrripty fully' with any provision in the Agreement. Buyer (initials) ' t• Seller (initials) y AS ATTORNEY FACT FOR BANK OF AMERICA, N.A. Page 12of17 REO # 01053050 26. Risk of Loss: In the event of fire, destruction, or other casualty loss to the Property after the Seller's acceptance of the Agreement end prior to doping and funding, the Seller may, et Its sole discretion, repair or restore the Property, or either Party may terminate the Agreement and, upon termination, the earnest money deposit shall be returned to Buyer unless such tire, destruction or other casualty Toss Is the result of actions by Buyer or its agents at the Property. If the Seller elects to repair or restore the Property, then the Seller rnay, at its sole discretion, limit the amount to be expended. If the Seller elects to repair or restore the Property, the Buyer shall either (a) acquire the Property in its AS -IS condition at the time of such acquisition at the purchase price provided In Section 3 herein with no reduction for such loss or (b) terminate the Agreement and receive a refund or any eamest money deposit. Upon termination of the Agreement under this Section 26, the parties shall have no further obligation under the Agreement, except as to any provision that survives termination pursuant to Section 28 of this Addendum. 27. Eminent Domain: In the event that the Seller's Interest In the Property or any part thereof shalt have been taken by eminent domain or shall be In the process of being taken on or before the Closing Date, either Party may terminate the Agreement and the earnest money deposit shall be returned to the Buyer and neither Party shall have any further rights or liabilities hereunder, except as provided In Section 29 of this Addendum. 28. keys: Buyer Is aware that the Property may be on a master key system. Buyer is encouraged to rekey the Property after dosing. Buyer agrees to hold Seller and the Indemnified Parties harmless for any Claims relating in any way to any theft or damage of personal Property that occurs after the Closing Date. 29. Survival: Delivery of the deed to the Property to the Buyer or the Closing Agent, as applicable, by the Seller shall be deemed to be full performance and discharge of all of the Seller's obligations under the Agreement. Notwithstanding anything to the contrary In the Agreement. the provisions of Sections 1, 12, 13, 14,16,18,19, 22, 24, 25, 26, 27, 29, 32, 40, 42, 43 and 46 of this Addendum, as well es any other provisions that contemplate performance or observance subsequent to any termination or expiration of the Agreement, shall survive the dosing, fending and the delivery of the deed and/or termination of the Agreement by any Party and such provisions shall continue In full force and effect. 30. Title end Closing. The providers of titie and escrow/closing services shall be designated by Seller, unless notified at or before Seller's Contract execution. Seller shall pay the policy premium for a state -specific standard owners policy of title insurance (without endorsements) issued by or on behalf of Seller's designated Title Company. Buyer Is hereby notified that Landsafe Title Company Is an affiliate of Seiler. The Buyer may select his or her own dosing agent and/of title company, thereby waiving Seller's Agreement to pay the premium for a state -specific standard owners policy of title insurance, which the Buyer would then be responsible for paying. If Buyer elects to select a different closing agentltitle company, Buyer must provide the closing agent information via the Bank Real Estate Purchase Addendum or state -specific addendum as required. An amendment to the Agreement is required when the Bank Real Estate Purchase Addendum has already been executed. Buyer (Initials) Seller (initials) AS ATTORNEY IN FACT FOR BANK OF AMERICA, N.A. Page 13of17 REO ft 01053850 31. Severability: If any provision of the Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions shall not be affected or Impaired thereby, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 32. Termrnabon of Agreement If either Party terminates the Agreement when permitted to do so, the Parties shall have no further obligation to each other, except as to any provision that survives the termination of the Agreement pursuant to Section 29 of this Addendum. 33. Assignment of Agreement: The Buyer shad not assign the Agreement. The Seller may assign the Agreement at its sole discretion without prior notice to, or consent of, the Buyer. 34. Modification and Waiver. No provision, term or clause of the Agreement shall be revised, modified, amended or waived, except by an instrument In writing signed by the Buyer and the Seller, The waiver by eny Party of a breach of the Agreement shall not operate or be construed as a waiver of any other or subsequent breach. No course of dealing between the Parties shall operate as a waiver of any provision of the Agreement. 35. Rights of Others: The Agreement does not create any rights, claims or benefits inuring to any person or entity, other than Seller's successors and/or assigns, that Is not a Party to the Agreement, nor does it create or establish any third party beneficiary to the Agreement. 38. Counterparts and Facsimile. The Agreement may be executed simultaneously in any number of counterparts. Each counterpart shall be deemed to be en original, and all such counterparts shall constitute one and the same instrument, A signed facsimile or photocopy of the Agreement shall be treated es an original, and shall be deemed to be as binding, valid, genuine and authentic as an originally signed Agreement for all purposes, Including all matters of evidence and the *best evidence" rule. 37. Headings. The titles to the sections and headings of various paragraphs of the Agreement are placed for convenience of reference only, and in case of conflict the text of the Agreement, rather than such titles or headings, shall control. 38, Gender: Unless the context otherwise requires, singular nouns and pronouns when used herein shall be deemed to Include the plural of such nouns or pronouns, and pronouns of one gender shall be deemed to Include the equivalent pronoun of the other gender. Buyer (initials) Seller (initial AS ATTORNEY I FACT FOR BANK OF AMERICA, N.A. Page l4of17 RED # 01053e50 39. Force Majeure: Except as provided In Section 26 to this Addendum, no Party shall be responsible for delays or failure of performance resulting from acts of God, riots, acts of war, epidemics, power failures, earthquakes or other disasters, providing such delay or failure of performance could not have been prevented by reasonable precautions end cannot reasonably be circumvented by such Party through use of alternate sources, workaround plans or other means 40. Attorney Review: The Buyer acknowledges that Buyer has had the opportunity to consult with its legal counsel regarding the Agreement end that accordingly the terms of the Agreement are not to be construed against any Party because that Party drafted the Agreement or construed in favor of any Party because that Party failed to understand the legal effect of the provisions of the Agreement. 41, Notkes: Any notices required to be given under the Agreement shall be deemed to have been delivered when actually received (or refused) n the case of hand or overnight delivery or by fax with confirmation of transmission to the numbers below, or five (5) calendar days after mailing by first-class mail, postage -paid. All notices to the Setter will be deemed sent or delivered to the Seller when sent or delivered to Sellers listing broker or agent or Setters attorney, at the address or fax number shown below. All notices to the Buyer shaft be deemed delivered, received and effective when sent to the Buyer or the Buyers attorney or agent at the address or fax number shown below by one of the methods of delivery described herein. 42. Dispute Resolution: At the request of either Party, any dispute arising under this Agreement shall be submitted to mediation before resorting to arbitration or court action. Mediation fees shall be divided equally and each Party shall bear his or its own attorney's fees and costs. Neither Party may require binding arbitration prior to commencement of court action, although the parties may mutually agree to such arbitration.. 43. Effect of Addendum: This Real Estate Purchase Addendum amends and supplements the contract and, if applicable, escrow instructions, In the event there Is any conflict between this Addendum and the contract or escrow instructions or notice of other documents attached and made a part of the Agreement, the terms of this Addendum take precedence and shall prevail, except as otherwise provided by applicable law. The undersigned, if executing the Agreement on behalf of a Seller and/or a player that is a corporation, partnership, trust or other entity, represents and rants that to enter into the reement and bind the to erform duties and obligationssstated n the Agreement tend shell provide Seliergwith proof of such authority upon execution a� execution of the Agreement. 44. Initials: Buyer and Seller agree to all of the terms in the Agreement whether any provision or page is separately initiated or not. For emphasis some sections or provisions In the Agreement contain a place for Buyer andkor Seller to separately Initial, but the failure by Buyer or Seiler to initial any section, provision, or page in the Agreement shall not affect the enforceability of any term or provision in the Agreement. 45. Entire Agreement: The Agreement (including any disclosure of information on lead-based paint or hazards, and other disclosure Page 16 of 1? Buyer (initials) Seller (tndlals) AS ATTORN BANK OF A ACT FOR ERICA, N.A. REO # 01053650 forms or notices required by law to be provided to Buyer) constitutes the entire Agreement between the Buyer and the Seller concerning the subject matter hereof and supersedes all previous written and oral communications, understandings, representations, warranties, covenants and Agreements. Further. Buyer and Seller represent that there are no oral or other written Agreements between the Parties All negotiations ere merged into the Agreement, and no oral or written, express or implied, promises, representations, warrentleS, covenants, understandings, communic.ations, Agreements or Information made or provided by the Seller or Seller's employees, agents, representative or brokers, including, but not limited to any Information on Seller's or Seller's agent or broker's websites, sales brochures or on the Multiple Listing Service shall be deemed valid or binding upon the Seller unless expressly Included In the Agreement. 45. Attorneys' Fees, Court Costs and Legal Expenses: In any action, proceeding or arbitration arising out of, brought under or relating to the terms or enforceability of the Agreement, the prevailing Party shall be entitled to recover from the losing Party all reasonable attorneys' fees, costs and expenses incurred in such action, proceeding or arbitration, IN WITNESS WHEREOF, the Buyer and the Seller have entered into the Agreement effective as of the date it is executed by Seller as set forth below. BUYER (p).;. Signature:. 74,4, 44_4, Date? s4 !iv Vatritt,' ; Address:, •_ukta-.freckeol scio Telephone:: Mg..' ,2 41 .442./ Fax:; -30 .211—L443i BUYER (S): Signature: Date: Print Name: Address: Telephone: Fax Buyer (initials) Seller (initials): AS ATTORNEY IN FACT FOR BANK OF AMERICA, N.A. Page 16 of 17 REO # 01080 BUYER'S AGENT: Name: R Address: 3731 fiiess ,sewer v 1w1oo µr. AM? Telephone: 310-232-7100 Fax BUYERS ATTORNEY: ) Name: C �1!"I�Qn/�ic»{ Address: 315- /4 . 15—/.l.L% .50 SELLERS AGENT: Name; TACH . . SESCHORNER Address: 102a COMMERC%AL ST. WATERLOO ;Pik 50702-1031 Telephone: 311)2348000 Fax: 31E1234800S SELLER'S ATTORNEY: Name: Address: Telephone: 3 /9-__251-5le / Telephone: Fax: 311- w ggiq Fax: ,. C krr 5 • Lo a.-wci c o c ovr, Cip r{;; TITLE COMPANY: :99rrIPallihNamer . : _,. r=! _ r�[ r,,or J Company Name: Lis W141111110 :'lrontectPersson: /et''''S� ae9o/ Contact Person: Telephone: 3/?'''..g17— +OOP Fax 319- o.7k- 3 /I P6 DEFAULTTITLE/C Telephone: 7142477000 Fax: BANK OF AMERICA CLOSING CONTACT: Escrow/Closing Officer Name: Escrow/Closing Officer Phone No.: Escrow/Closing Asst Name: Escrow/Closing Asst. Phone No.: Page 11 of 17 BUyer (Initials) Seller (initials AS ATTORNEY IN FACT FOR BANK OF AMERICA, N.A. 'THE NORTHEASTERLY 55 FEET OF THE SOUTHEASTERLY HALF OF LOT NO. 8, IN BLOCK NO. 24, IN THE ORIGINAL PLAT, ON THE EAST SIDE OF THE CEDAR RIVER, IN THE CITY OF WATERLOO, BLACK HAWK 0 1COUNTY, IOWA, AND THE SOUTHEASTERLY THIRTY-SEVEN AND FIFTY-SEVEN HUNDREDTHS (37.57) �FEET OF LOT NO. 9; AND THE SOUTHEASTERLY THIRTY-SEVEN AND FIFTY-SEVEN HUNDREDTHS (37.57) 114._;FEET OF THE SOUTHWESTERLY (FIVE) 5 FEET OF LOT NO. EIGHT (8), IN BLOCK NO. TWENTY-FOUR (24), IN THE ORIGINAL PLAT ON THE EAST SIDE OF THE CEDAR RIVER, IN THE CITY OF WATERLOO, BLACK ;J ,13 ;HAWK COUNTY, IOWA Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-156 RESOLUTION APPROVING REAL ESTATE PURCHASE AGREEMENT WITH BANK OF NEW YORK MELLON AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Real Estate Purchase Agreement dated March 3, 2014, for the acquisition of 1027 Lafayette Street in the amount of $25,300.00, and legally described as follows: The Northeasterly 55 feet of the Southeasterly half of Lot No. 8, in Block No. 24, in the Original Plat, on the East side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, and the Southeasterly Thirty -Seven and Fifty -Seven Hundredths (37.57) feet of Lot No. 9; and the Southeasterly Thirty -Seven and Fifty -Seven Hundredths (37.57) feet of the Southwesterly five (5) feet of Lot No. Eight (8), in Block No. Twenty -Four (24), in the Original Plat on the East side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa; by and between Bank of New York Mellon and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 3rd day of March, 2014. ATTEST: Suzy Sch.res, CMC City Cle k nest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: March 3, 2014 Prepared: February 25, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2014 KIMBALL AVENUE TRANSPORTATION IMPROVEMENTS CONTRACT NO. 843 NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT TO THE IOWA DEPARTMENT OF NATURAL RESOURCES Submitted by: Jeff Bales, Associate Engineer Recommended City Council Action: It is recommended that the Mayor be authorized to sign this Notice of Intent for NPDES Coverage Under General Permit to the Department of Natural Resources. Summary Statement Attached is the "NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT" for storm water discharges associated with the above referenced project. This document has been reviewed by this office and is recommended for approval by the City Council. Expenditure Required $375.00 Source of Funds Storm Water Funds Policy Issue N/A Alternative None Background Information: STATE OF IOWA, Black Hawk County, SS PUBLIC NOTICE OF STORM WATER DISCHARGE City of Waterloo, Iowa plans to submit a Notice of Intent to the Iowa Department of Natural Resources to be covered under the NPDES General Permit - General Permit No. 2 "Storm Associated with Industriale Discharger Activity for Construction Activities.. The storm water discharge will be from the construction' of Kimball Avenue Transportation Improvement Project from Tower Park Drive to Acadia Street in Iowa located4, 9e and 10 in 88-N and lR-13-W anSection d Section 34 and 35 in T -89-N and 19-13-W. Storm water will be discharged from the site into the City of Waterloo storm sewer system. Storm water flows from the storm sewers into Dry Run Creek, which flows into the Cedar River. Comments may be submitted to the Storm Water Discharge Coordinator, Iowa Department of Natural Resources, Envi- ronmental Protection Division, 502 E. 9th Street, Des Moines, IA 50319-0034. The public may review the Notice of Intent from 8 a.m. to 4:30 p.m., Monday through Friday, at the above address after it has been received by the department. I do solemnly swear that the annexed copy of legal City of Waterloo Storm Water Discharge —Kimball Ave. Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 7th day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $13.88 Signed Subscribed and sworn to before me this Day of Y11pudiv ocii)g, Received of A.D., 20 114 Notary Public the sum of Dollars. In full for publication of the above notice. !OM E PACi(iWSTR ( Resolution No. 2014-150 Page 2 For the third year For the fourth year For the fifth year For the sixth year For the seventh year For the eighth year For the ninth year For the tenth year NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HE CITY OF WATERLOO, IOWA, that said application is hereby app and the City Clerk is hereby ofauthorized resolutiondirected to the Assessorto ard said application and a copy PASSED AND ADOPTED this 3rd day of March, 2014. 60% 500 40% 400 30% 30% 20% 20% ATTEST: Ernest G Clark, a y Scha es, CMC City Clerk OF WATERLOO, IOWA CITY COMMUNITY PLANNING AND DEVELOPMENT 291-4366 Fax (319) 291-4262 715 Mulberry Street • Waterloo, IA 50703 • (319) Council Communication City Council Meeting: March 3 2 01 Prepared: February 21 2014 Dept. Head Signature: # of Attachments: SUBJECT: CLURA application for tax exemptions for new single family home construction located at 4726 Yellowstone Dr, Waterloo, Iowa 50701. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Tony Fischels for the construction of a new single 0family home located at 4726 000 and authorize Mayor and Yellowstone Dr., Waterloo, Iowa 50701, Valued at $ , City Clerk to execute said documents. Summary Statement: The Planning, Programming, d Zoning for Commiss from taxes under the Cihas reviewed this application and feels that the projectqualifies Limits Urban on the actual value added to Residential property ' Revitalization Area Plan. ADDRESS 4726 Yellowstone Dr, Waterloo, Iowa 50701 LEGAL DESCRIPTIONIowa Klingaman Park Fourth Addition Lot 2, Waterloo, Black Hawk County, Expenditure Required: N/A Source of Funds: N/A Policy Issue: CLURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Voelker, Associate Planner CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 1st working day of February following the year when the ,� ►.�� = are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph` owever, a single application may be filed upon completion of an entire project requiring more than one year to cons or co providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects sOted pr' adoption date of July 18, 2011 do not qualify. NAME: G \\.1 SC — r LS SIGNATURE: ADDRESS: 412_1) TELEPHONE: I "LLE) - 1J7 t) DATE: A. What is the Address of the property being improved? �2 L 4,-10,U.St V - •Q TERI.°°, What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse) ce e Arve( B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) M V1) VV c AN 1(YU/IS (QC D171 C. City of Waterloo Building and Inspections Department Information: Permit Number: Mot 5 Date permit was issued: 5-1 7--,90 / 3 Total permit(s) valuation: c=LID , DC: D. What was the cost of the new construction? E. Estimated or actual date of completion of this new construction? %c -b ).._D ), CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 1 of 2 0 11111111111 11111111141illi1111 Slll1N1l{I Doc ID: 005079420002 Type: GEN Kind: WARRANTY DEED Recorded: 03/05/2013 at 12:46:36 PM Fee Amt: $96.20 Pape 1 of 2 Revenue Tax: $79.20 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER F11e2013-00018295 f4, Warranty Deed (Corporate/Business Entity Grantor) • THE IOWA STATE BAR ASSOCIATION 74, . Oficial Form #335 socita- Recorder's Cover Sheet Prnparer Information: (Name, address and phone number) Michael R. Young, 3151 Brockway Road, Waterloo, IA 50701, Phone: (319) 234-4471 Taxpayer information: (Name and complete address) Anthony A.Fischels , P.O. Box 567, Gilbertville, IA 50634 Return Document To: (Name and complete address) Anthony A. Fischels , P.O. Box 567, Gilbertville, IA 50634 Grantors: Grantees: Young Development Co.,L.C. Anthony A. Fischels Legal description: See Page 2 Document or instrument number of previously recorded documents: O The Iowa Slate Bar P450 dation 2605 IOWAoocso («.0:3) File Number: LEflEba_&9918295 Sea 1 \6� Page 2 of 2 File Number: 2013-00018295 Seq: 2 'NE IOWA STATE BAR ASSOCIATION OfficialOfficialOal Form No. 936 Michael R. Young oung FOR THE Lewd, EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER r r Warranty Deed e' i / �. (Corporate/Business Entity Grantor) 1'4(+t -•I :tiS11. For the consideration of One ($1.00) Dollar(s) and other valuable consideration, Young Development Co,, L.C. a(n) limited liability company organized and existing under the laws of Iowa does hereby Convey to Anthony A. Fischels the following described real estate in Black Hawk County, Iowa: Lot 2, Klingaman Park Fourth Addition, Waterloo, Black Hawk County, Iowa (a Re -Plat of Tract C, Klingaman Park Third Addition). The grantor hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the sin- gular or plural number, according to the context. Dated: March 1, 2013 Young Development Co., L.C. , a(n) limited liability company Richard oun.' Ma ;j r and President By STATE OF IOWA , COUNTY OF BLACK IiAWK This instrument was acknowledged before me on this I st day of March, 2013 , by Richard C. Young as Manager and President cif Young Development Co., L.C. Na.,-,-. -� t' , Notary Public el.. *i '0* SUSAN HAMER COMMISSION NO. 739903 MY COMMISSION EXPIRES 312111S ►S _ O The Iowa Stale Bar Aasoaetlon 2005 236 WARRANTY DEED (CORPORATEJBUSINE$$ ENTITY OEEO). IOWAOOcsa Revised June 2005 File Number: 2013-00018295 Seq: 2 Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-151 RESOLUTION APPROVING APPLICATION WITH TONY FISCHELS FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME VALUED AT $320,000.00 FOR PROPERTY LOCATED AT 4726 YELLOWSTONE DRIVE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Tony Fischels has submitted an application dated February 20, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions for the construction of a new single family home valued at $320,000.00 for property located at 4726 Yellowstone Drive, more fully described as follows: Lot 2, Klingaman Park Fourth Addition, Waterloo, Black Hawk County, Iowa (a Re -Plat of Tract C, Klingaman Park Tghird Addition). Subject to easements, restrictions, covenants, ordinances and limited access provisions of records; and, WHEREAS, said property is located within the designated City Limits Urban Revitalization Area (CLURA)in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and WHEREAS, the new construction project respecting said property is in conformance with the City Limits Urban Revitalization Area (CLURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such improvements are eligible for the tax exemption as set forth in the City Limits Urban Revitalization Area (CLURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year For the second year For the third year 100% 100% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor. PASSED AND ADOPTED this 3rd da of March, 2014. ATTEST: zy Sc City Clerk MC 47 rnest . Clark, May Application Exception to Burning Yard Waste City of Waterloo, Iowa The undersigned hereby requests that the City of Waterloo, Iowa, consider the following application to allow the burning of yard waste in accordance with Section 4-3-8 of the Waterloo Code of Ordinances. 1. Name of Applicant: 3 eAw.,s e t W e r \coo W 4)4*. 3 Pile,...; Set* vie Sabi s4c7 2. Address and Phone No. of Applicant 35 cdo 'C `v►..\ \+U ..4t • 0 \s, v ' S A CO') c>/kA 3. General Description of area to be burned (including size): 4. Dates and times of burning: - f`%••c e'►• o A' '%\ 2.0.4 S+e a \\b\\*AC r• Q\.V. 5. Description of Vegetation: - *w't: vta Jt S % %,e A s S , 4CkA, et. e Description of management techniques: - 0.0 v s •./ 3 u 6• — 44,4t -04,044, i'40665 t a.%s : e 7. Describe containment procedures: Mc... . i .s t es.`e.s , see �e ev..cwsb % 'I M. \ay. Signature of Applicant The Waterloo City Council will act on this applicant and you will be notified of their decision. Prior to burning, please notify the Waterloo Fire Department: 1. To determine if proper weather conditions exist, and 2. To determine need for stand-by vehicles. FOR CITY USE ONLY: This application has been reviewed and approved by: Fire Chief Fee Paid $ `SSU. n Receipt No. c2(/ ' -OOO l /E5C Date a -~G2'-14471 eon Ldckirecjet+ei 100 IC440 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-152 RESOLUTION APPROVING APPLICATION FOR EXCEPTION TO BURNING YARD WASTE FROM JOHN DEERE WATERLOO WORKS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Application for Exception to Burning Yard Waste from John Deere Waterloo Works to burn approximately six (6) individual prairies of prairie grass on the Tractor Cab Assembly Operation located at 3500 East Donald Street during the period of March to April 2014, be and the same is hereby approved. PASSED AND ADOPTED this 3rd day of March, 2014. ...,,,,e4.4 a.,, Ernest G. Clark, Mayor ATTEST: Suzy Sch_res, CMC City Clerk TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY ° 1, BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY d /3 6 i -"A / cg, 4)06 :2//3 A oZi Copy - Department NAME(S) AND POSITION(S): Julie Snider- Coordinator, Beverly Cosby- Coordinator, Sonia Mayer, Bookkeeper DATE: February 11, 2014 NAME OF CLASS / MEETING: Iowa NAHRO training DESTINATION: Des Moines, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: April30, 2014 RETURN DATE: May 2, 2014 DATE(S) OF MEETING: Apr 30, May 1, & 2 PURPOSE OF TRAVEL/TRAINING: Conference/Training WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: YES NO COST $ METHOD OF TRAVEL: X CITY VEHICLE AIRFARE PRIVATE VEHICLE DEPARTING FROM: Waterloo ESTIMATE OF COST: 665.28 330.00 930.00 62.00 LODGING MEALS REGISTRATION MILEAGE/FUEL 60.00 TOTAL FOR ALL: $ 2047.28 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 283-13-5452-1346 GRANT REIMBURSABLE YES NO YES NO TOTAL: $ 682.42 REQUIRED CERTIFICATION PER PERSON I BELIEVE THIS TRIP SERVES AND IS NECESSARY AND B CITY OF WAT RLO POSE E DEPART 'EN HEAD DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST MAYOR HilAaL r Z o f `f DATE NAHRO - Iowa Chapter . IOWA NAH NATIONAL ASSOCIATION OF HOUSING AND REDEVELOPMENT OF ICIALt- Home i About NAHRO j Contact Us I Newsletter I Legislative Priorities Page 1 of 2 Conference Registration Conference Sponsors Conference Exhibitors 2014 NCRC/Iowa NAHRO Annual Conterence 2014 NCRC / IA NAHRO Conference Schedule of Events TUESDAY, APRIL 29, 2014 • 5:30pm - Iowa Cubs Game — Scholarship Event WEDNESDAY, APRIL 30, 2014 • 9:OOam - NCRC Board of Directors Meeting • 1 1 :30am - Welcome Lunch and Opening Session • 1 2:45pm - Plenary Session • 1:30 pm - Concurrent Sessions • NAHRO Excellence in Customer Service (goes until 4:30) • Fire Safety • Lead Paint Sampling Technician (goes until 4:30) • Cybercrime/Passwords/How much of your information is online (goes until 430) • 3:15 pm - Concurrent Sessions including (Part 2) • NAHRO Excellence in Customer Service (goes until 4:30) • Healthy Homes • Lead Paint Sampling Technician (goes until 4:30) • Cybercrime/Passwords/How much of your information is online (goes until 430) • 4:30 — 6:30pm - Product & Service Exhibition • 7pm -11 pm - Karaoke & Photo Booth Fun — Networking Event THURSDAY, MAY 1, 2014 • 7:OOam - Breakfast • 8:00am - Concurrent Sessions • CD & R Tour Des Moines (goes until noon) CD&R Tour Des Moines. Limited to 44 attendees. Pick up to begin at 8:00 a.m. on Thursday, May 1, departing the Marriott no later than 8:30 a.m. with a tour of the Martin Luther King Jr. neighborhood revitalization efforts/processes with several stops (single family homes) and tour Central Iowa Shelter & Services campus (Project Based Vouchers). Return by 1 2:00 noon to downtown Marriott. • Nan McKay Rent Calculation for Section 8 and PH (all day) • Human Resource Management — HR Issues for Small PHAs • Fair Housing: KC HUD Panel from Office of PIH, Counsel, and FHEO • Commissioners: Building the Board Team (all day) http://www.ianahro.org/conference/register.cfm 2/11/2014 NAHRO - Iowa Chapter Page 2 of 2 • 10:1 5am - Concurrent Sessions • Best Practices Show Case — Preston Prince & Clif Martin • CD & R Tour Des Moines (goes until noon) • Nan McKay Rental Calculation for Section 8 and PH (all day) • CFP Planning — NAHRO • Social Serve • Commissioners: Building the Board Team (all day) • 1 2:OOpm NCRC Lunch & Annual Meeting • 1 :15pm - Concurrent Sessions • Succession Planning • The Fine Art of Branding your HRA — Red House Media • Nan McKay Rent Calculation for Section 8 and PH (all day) • What's Up Washington • Am I covered? • Commissioners: Building the Board Team (all day) • 3:OOpm - Concurrent Sessions • What's up Washington • Succession Planning • Nan McKay Rent Calculation for Section 8 and PH (all day) • The Fine Art of Branding your HRA — Red House Media • Emerging Leaders • Drugs & Security in Public Housing • Commissioners: Building the Board Team (all day) • 4:30 -- 6:30pm - Product & Service Exhibition Reception • 6:30pm - Awards Banquet, Dinner, and Entertainment FRIDAY, MAY 2, 2014 • 8:O0am - Breakfast IA NAHRO Annual Meeting & Breakfast • 9:00am - Concurrent Sessions • Executive Director Round Table with Doug Romig, Des Moines & Steven Rackis, Iowa City • Preventative Maintenance • Social Media 101 (Part 1) • Capital Fund Rule — HUD Staff • 10:30am - Concurrent Sessions • PH HUD Roundtable • Section 8 HUD Roundtable • Social Media & Your HRA (Part 2) • Privacy Issues Lodging Lodging is available at the Dowtown Marriott at group conference rates. To make reservations: Des Moines Downtown Marriott, 700 Grand Ave., West Des Moines, Iowa. (515) 245-5500. Special Room rate is 599.00 plus tax. There is a $19 per day parking fee at the hotel. Book your group rate: Iowa NAHRO Conference online now! If calling, please ask for the Iowa NAHRO room block. NOTE: Room block expires at 5:00 p.m. - Wednesday, April 7, 2014. EIRHA 17600 Commerce Park 1 Dubuque, IA 52002 1 563-556-4166 1 1-800-942-4648 (Iowa Only) Relay Iowa 800-735-2943 http://www.ianahro.org/conference/register.cfm 2/11/2014 ETHEL WASHINGTON From: ETHEL WASHINGTON Sent: Tuesday, February 11, 2014 9:48 AM To: NOEL ANDERSON Subject: FW: Travel Request NAHRO 2014.doc Attachments: Travel Request NAHRO -2O14.dno Hi Noel, would you please sign this travel request and pass it on to Michelle and the Mayor for approval. Sonia will go to rent calculation for Section 8/Public Housing all day on Thursday. Customer service all afternoon on Wednesday. This travel to the NAHRO conference for Sonia is going to save us registration, hotel and food money because the conference registration is only $640.80 as opposed to a separate training that woutd cost $ 1,925.00 for a week. Sonia will atso have to go to finance training later in the year. Thanks, Ethel From: Sonia Mayer Sent: February 11, 2014 9:13 AM To: ETHEL WASHINGTON Subject: Travel Request NAHRO - 2014.doc 1 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1150-1346 11GRTTK56 SMAd 99 741,4* FY _2014 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance 7,V 3 m17- l4 Cop - De•artment NAME(S) AND POSITION(S): Six Waterloo Police Officers DATE: February 13,2014 NAME OF CLASS / MEETING: Governor's Traffic Safety Bureau DESTINATION: Dubuque, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: April 8, 2014 Return Date: April 10, 2014 DATE(S) OF MEETING: April 8-10,2014 5th PURPOSE OF TRAVEL: Captain Leibold is requesting authorization to send (6) Six Waterloo Police Officers to the Governor's Traffic Safety Bureau Training Conference at the on April 9-10, 2014, in Dubuque, Iowa. This conference, which is put on by the State of Iowa's Governors Traffic Safety Bureau, brings Officers from across the state together to develop plans on how to combat traffic related problems including traffic and alcohol enforcement. The registration fee, meals and fuel are paid out of the GTSB Grant. The hotel accommodations and lunch are directly paid by the state of Iowa Governors Traffic Safety Bureau. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $ 0.00 LODGING $222.00 MEALS $300.00 REGISTRATION $100.00 MILEAGE/FUEL TOTAL FOR ALL: $ 622.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x _ REQUIRED CERTIFICATION YES NO TOTAL: $ 103.66 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST DEPARTMENT HEAD MAYOR DATE DATE 2, MICHELLE WEIDNER From: Krogh, Frank <kroghf@waterloopolice.com> Sent: Monday, February 17, 2014 10:22 AM To: MICHELLE WEIDNER Subject: RE: Travel Request - Dubuque Hi Michelle, When you register for the GTSB and pay the $50.00 registration fee they give you a hotel stipin that is directly paid through GTSB for two nights stay (April8 and 9) as long as you double up in a room. This allows the attendees to stay the night before the conference starts. I did not figure in any meal allotment for April 8Th and the Officers will be on their own for meals that night. There is no cost for the city with the Officer arriving on April 8TH. Let me know if you have any other questions. Frank Original Message From: MICHELLE WEIDNER Imailto:MICHELLE.WEIDNER@WATERLOO-IA.ORGT Sent: Friday, February 14, 2014 4:09 PM To: Krogh, Frank Subject: Travel Request - Dubuque Hi Lieutenant, Can you please double-check some dates for me? There are 6 officers going to Dubuque for a GTSB class. It looks like they're traveling the night before the class starts. Can you confirm the start date and the time that the class starts? Thanks! Michelle 1 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FYI BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 0 Mire 5OO.ue /6D0,00 /%i OU /3.6, do 3goza /,20,009a 2 /cs, Copy - De•artment NAME(S) AND POSITION(S): Ed Abben, Building Maintenance Joel Shepard, Building Maintenance DATE: 2/19/14 NAME OF CLASS / MEETING: State of Iowa Mechanical Code, Industry & Safety DESTINATION Waterloo, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: 3/22/14 RETURN DATE: 3/22/14 DATE(S) OF MEETING: 3/22/14 PURPOSE OF TRAVEL/TRAINING IAPMO Continuing Education WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: YES X COST $ NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: Waterloo, Iowa PRIVATE VEHICLE ESTIMATE OF COST: LODGING MEALS 120.00 (ea) REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 240.00 TAXI PARKING AIRFARE MISC/TOLLS 010-22-6860-1346 t j t~ BUDGET LINE ITEM: 010-22-8800-1346 (1-,t. X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO TOTAL: $ 120.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY Of WATERLOO EPARTMENTHEAD I APPROVE THIS TRAVEL REQUEST (9- )0(Y" ` --triARA.6, 3, 2 >, tf DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED G"//6 of 6100 /34' FY ���'Y BUDGETED /.A Oars EXPENDED YTD /7 g''d THIS REQUEST 42-0 k' LEFT AFTER THIS REQUEST " 0 — DATE -73-7- Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Bob Osgood, Chief Plumbing Inspector DATE: 2/19/14 NAME OF CLASS / MEETING: State of Iowa Mechanical Code, Industry & Safety DESTINATION Waterloo, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: 3/22/14 RETURN DATE: 3/22/14 DATE(S) OF MEETING: 3/22/14 PURPOSE OF TRAVEL/TRAINING IAPMO Continuing Education WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: Waterloo, Iowa PRIVATE VEHICLE ESTIMATE OF COST: LODGING TAXI MEALS PARKING 120.00 REGISTRATION . AIRFARE MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 120.00 BUDGET LINE ITEM: 010-22-5100-1346 X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO TOTAL: $ 120.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST lAttA i-, 27/ 20 I q - DATE CITY OF WATERLOO Council/Committee Communication Committee Meeting: March 3, 2014 Prepared: February 26, 2014 Dept. Head Signature: # of Attachments: 2 SUBJECT: Submitted by: New appointment of Barry Haskins to the Civil Service Commission effective April 1, 2014. Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: • Mr. Haskin's first full term expires April 1, 2018, replaces long-time member Tim Luce. Date: 0,i(03/P": CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION I, biz -1 -1 -iv 5 (- (state prefernce): (Name) 1. C ` Y i �,b-t 2:m.rt‘,: RECEIVED FEB 1 1 2014 , request to be appointed to 2. Home Phone:Db n 0- t Cell Phone let) foy- %O Work Phone: Home Address L'n" S'F_ "c It ) Zipcode 506(--‘41-"/ Employer `C , 4 Cal 1( T <r�,i . Employer Address 0 C (4a,.4.0,„K J -c How long have you resided in Waterloo? o years List current membership in organizations and offices held: Zipcode 5 (` L'Lox C_ (A4 (30j, &f"; i fr �� 1 iC i d W a1. \ ." i �� i i�i� i cp, ( k t Gl s ] t l G:w �� 6 C ( G rcc., t `✓ ?C~j� -f ! — t��Ct1 "� A. O t' :s,r �ijs sc� ;j ti k � : c, G� t/�ix G t I � ��� � �' t '? s i � frAol k- ` exz '_ \a � t;�z.;� -c t,u\ CU- Q.-1/1 aCtace I am available for meetings: -A.MI. aP.M. L"Noon E)3, Evenings 1 am available to serve on a Board/Commission the entire year: 21 -Yes ❑ No (check below) ❑ Spring ❑ Summer ❑ Fall ❑ Winter ❑ All Seasons Briefly explain your qualifications for appointment to a designated Board/Commission: l s v, S4TAI: f s, • C=Z: Cc<t'c,.. it 11C - r ` t,.��.; ,�-,._,l" �;�t�l � v,1ry1 \`7L7i N-- . `` 1 4 . T. a: C•r ��1. r �f I i c. --k Additional information and comments that may not be evident from information already on this form: References (include phone numbers): I...)kVC, l fit. E d 4.-n. (.3 -al 7`(0C>'3G `" ��^ii Li(„ `(p i;'`ke1= P, , i r t T1` L fF\1i f'� i l3 (l.� �'�t�` _ � (�' ` CC) t. � i�.'t� ti`�� � � � � ��C@sir C�' • � �.�. r` o? e L c., , (( 1,1,„ 4,,, s- Jko Lir; )k ( � v� u��• 1 understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from date above. Signature RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 08/03/2010 FAX 291-4286; PHONE 291-4301. BONDS FOR COUNCIL APPROVAL MARCH 3, 2014 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/15) KO9035539 SY62418 1914530 IA 573467 IA 570219 IA 537837 IA 537809 IA 593769 IA 566969 IA 593158 IA 594686 IA 564241 IA 509356 55-199026 55-198794 IA 559897 55203860 55-199023 IA 550121 IA 537826 AMOUNT: $5,000.00 CASCADE DRILLING, L.P. ANACAPA ASSOCIATES, LLC ASPRO, INC. EARNEST BENNETT SAMMY DANIELS dba DANIELS HOME IMPROVEMENT DON GARDNER CONSTRUCTION CO. YOUNG PLUMBING & HEATING CO. STICKFORT CONSTRUCTION CORPORATION FRICKSON ASPHALT EXCAVATION HAUPTLY CONSTRUCTION, INC. BURT CONSTRUCTION CARL SCHULER MASONRY CONSTR. LEHMAN TRUCKING & EXCAVATING JEFFREY ASSINK dba C& J CONSTRUCTION K & W ELECTRIC, INC. CARDINAL CONSTRUCTION, INC. WICKS CONSTRUCTION, INC. K W S, INC. MAGEE CONSTRUCTION MARTINSON CONSTRUCTION CO, INC. FLINT CITY, WATERLOO, WATERLOO, WATERLOO, & CONST WATERLOO, WATERLOO, WATERLOO, CEDAR FALLS, EVANSDALE, WATERLOO, WATERLOO, WATERLOO, WATERLOO, CEDAR FALLS, CEDAR FALLS, WATERLOO, DECORAH, CEDAR FALLS, CEDAR FALLS, WATERLOO, MI IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CLTY r COMMUNITY PLANNING AND DEVEF OMEN 715 Mulberry Street 4• Waterloo, Iowa 50703-5783 5 (i 9) 291-4336 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning &De`:rlopinent Director Council Communication City Council Meeting: Februar Prepared: February 17 2014 Dept. Head Signature: # of Attachments: SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc. and to set a date of public hearing for March 3. 2014, and publish an official notice pertinent to the taking of bids and request to receive and open the bid proposals for asbestos abatement services 7 nton for properties located at 134 Dearborn tre t 820 Fowler Street, 409 State Street, ulberry Street, 5201 Cottage Street,eet, Mullan Avenue, 67 Franklin , 1013 Lincoln, 420 Dawson Street, and 801-805 Commercial Street. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution setting date of hearing as March 3, 2014 to approve Request for Proposals for Asbestos Survey Services at 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln, 420 Dawson Street,_ and 801-805 Commercial Street, and instruct City Clerk to publish notice. Summary Statement: These properties where acquired thatthrough the asbestos must be abated prior to de 657A and staff is now preparing to demolish them. State code requires demolition after a survey has been completed by a certified asbestos company. Expenditure Required: To be determined Source of Funds: The asbestos abatement activities of this site will be undertaken by the City of Waterloo using G.O. funds, for nuisance abatement. Policy Issue: Nuisance abatement and infill -development Alternative: N/A cc: NOEL C. ANDERSON, Community Planning & Development Director RUDY JONES-, Community Development Director CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1430092 NOTICE OF PUBLIC HEARING AND NOTICE notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 02/26/2014, in the issues of 02/26/2014 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $24.06 a)(er C Signed r Subscribed and sworn to before me this 3 day of n\110. -r iq nla.tO , aklAtjtq Not y Public Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: JODI E MCKKNSTRY COMMISSION NO 78 41 MY CCP COURIER NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the taking of Request for Proposals for ASBESTOS ABATEMENT SERVICES FOR THE FOLLOWING PROPERTIES: 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, 420 Dawson Street, and 801-805 Commercial Street. Sealed Request for Proposals will be re- ceived by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall'of said City on the 3rd day of Febru- ary, 2014, until 4:00 p.m., for Asbestos Abatement Services for 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullen Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, 420 Dawson Street, and 801-805 Commercial Street. Notice is hereby given that the Council of the City of Waterloo, Iowa will conduct a public hearing on the Request for Pro- posal document, plans, specifications, form of contract, etc. for Asbestos Abate- ment Services for 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, 420 Dawson Street, and 801-805 Commer- cial Street at 5:30 p.m. on March 3, 2014, in the Law Court Theater, Waterloo Cen- ter for the Arts of Waterloo, Iowa. The proposed Request for Proposal docu- ment, plans, specifications, form of con- tract, etc. is on file in the office of the City Clerk for public examination, Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Wa- terloo this 24th day of February, 2014. Suzy Schares City Clerk CITY OF WATERLOO Council Communication City Council Meeting: March 3, 2014 Prepared: February 25, 2014 Dept. Head Signature: PH # of Attachments: 3 SUBJECT: FY 2014 Cedar Vista Shelter Project Submitted by: Travis Nichols, Facilities/Project Manager Recommended City Council Action: Request Council award and adopt resolution transmitting Contracts, Bonds and Certificates of Insurance for Nichols Construction Inc., Evansdale, Iowa for FY 2014 Cedar Vista Shelter Project, in Exchange Park, at the intersection of Park Road and Burton Avenue, Waterloo, Iowa and approve and authorize the Mayor to sign Contract between City of Waterloo and Nichols Construction Inc. Summary Statement: This project provides for the replacement of the Cedar Vista Shelter in Exchange Park. Expenditure Required: $68,000 Source of Funds: Funding is available from hail damage insurance claim. Leisure Services crews will do site preparations. Policy Issue: Alternative: Background Information: The Cedar Vista shelter was damaged during hail storm in April 2012. The shelter is one of the oldest in our park system and is deteriorating to a point replacement is a better option than repairing. CITY OF WATERLOO Council Communication City Council Meeting: 3/03/14 Prepared: 2/24/14 Dept. Head Signature: PH # of Attachments: 1 SUBJECT: Resolution -to approve and authorize Mayor Clark to sign a 5 -YEAR BEVERAGES AGREEMENT with PEPSI BEVERAGES COMPANY Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action: Pass said Resolution Summary Statement: The current 5 -year agreement with Pepsi has expired. The proposed new agreement establishes pricing and volume -based rebates for the next 5 years. This contract would apply to beverage sales at concession stands and vending machines in all Leisure Services facilities including Young Arena, Cedar Valley SportsPlex, athletic complexes and outdoor swimming pools. Proposals were requested of representatives from Coca Cola, Dr.Pepper/Snapple, and Pepsi. Written proposals were due on October 17 and only one was received. Expenditure Required: NA Source of Funds: N/A Policy Issue: N/A Alternative: N/A Background Information: A copy of the Agreement is available for your review in the City Clerk's office. This agreement has been reviewed, edited, and approved by the City Attorney's office. PEPSI BEVERAGES COMPANY BEVERAGE SALES AGREEMENT This sets forth the agreement ("Agreement") between Bottling Group, LLC, a Delaware limited liability company, and its affiliates and/or respective subsidiaries collectively comprising Pepsi Beverages Company with an office located at 400 6th Avenue SE, Cedar Rapids, IA 52401 ("Pepsi") and City of Waterloo, with offices at 715 Mulberry Street, Waterloo, Iowa 50703 (the "Customer") relating to the purchase by the Customer from Pepsi of the Products. The support described below is in lieu of any other discounts, allowances or rebates to which the Customer might otherwise be entitled from time to time. Definitions As used in this Agreement, the following capitalized terms shall have the respective meanings assigned thereto below. "Beverage" or "Beverages" means all carbonated and non -carbonated, non-alcoholic drinks, however dispensed, including but not limited to, (i) colas and other flavored carbonated drinks; (ii) fruit juice, fruit juice containing and fruit flavored drinks; (iii) chilled coffee drinks; (iv) chilled tea products; (v) hypertonic, isotonic and hypotonic drinks (sports drinks and fluid replacements); (vi) energy drinks, (vii) packaged carbonated or still water (including spring, mineral or purified), (viii) liquid concentrate teas, (ix) frozen carbonated and non -carbonated beverages, and (x) any future categories of nonalcoholic beverage products that may be distributed by Pepsi. For purposes of clarification, fresh brewed hot coffee, hot chocolate and milk products are excluded from the definition of "Beverages". "Beverage Products" shall mean Beverages that are distributed in pre-packaged form (e.g., bottles and cans). A current list of Pepsi's Packaged Products is listed in attached Exhibit B which may be amended by Pepsi from time to time. "Cases" shall mean the number of cases of Beverage Products purchased by the Customer from Pepsi, initially delivered in quantities of 24, 15, and 12 bottle/can units, and thereafter in such other size, quantity and type of containers as determined by Pepsi, from time to time. "Facilities" shall mean the following existing Customer locations as listed in attached Exhibit AExhibit A: Byrnes Park Pool, Byrnes Tennis Center, Cedar Valley SportsPlex, Gates Park Pool, River Front Sports Complex, and Young Arena, and shall include any restaurant, outlet or other facility that may be opened or acquired by the Customer at or within the Facilities. In the event that new Facilities are added during the Term of this Agreement, the parties shall create an updated Exhibit ^ E -A and attach it hereto. The Facilities shall include the parking garages or other Customer-owned/controlled/operated surrounding areas located at or within those facilities. "Products" shall mean collective the Beverage Products and Snack Products (defined below). 1 Law 119999-1 filPdIP PEPSI BEVERAGES COMPANY "Snack Products" shall mean any and all snack food products sold and distributed under the trademarks of Frito-Lay, Inc. and/or its subsidiaries and affiliates. "Year" shall mean each 12 -month period during the Term commencing on the first day of the Term or an anniversary thereof. 1. Term The term of this Agreement shall commence on September 1, 2013 and expire on August 31, 2018 (the "Term"). When fully executed, this Agreement will constitute a binding obligation of both parties until expiration or termination. 2. Scope (A) Exclusive Rights During the Term of this Agreement Pepsi shall have the exclusive right to provide all Products for sale and distribution within the Customer's Facilities, including at all locations located within the Facilities where Beverages are sold and catering operations, if any, for Customer or its Facilities, if any. Accordingly, the Products shall be the only Beverage Products and Snack Products of their respective types sold, dispensed or served anywhere at the Facilities, and Customer will cause the purchasing representative for each of the Facilities to purchase all its respective requirements for such Products directly and exclusively from Pepsi. Notwithstanding the foregoing, if the event Customer determines to offer a snack product(s) that is not currently available as a Snack Product, then Customer can purchase such snack product for sale at the Facilities until such time as a similar Snack Product of the same type or category is available from Pepsi to Customer. (B) Advertising Rights Pepsi may advertise and promote its Products in and with respect to the Customer and its Facilities upon mutually agreed to terms and conditions. 3. Performance This Agreement, including all of Pepsi's support to the Customer as described below, is contingent upon the Customer complying with all of the following performance criteria: (A) Exclusive Vending Machine Placement. During the Term of this Agreement, Customer agrees to permit only those vending machines placed and operated by Pepsi to operate at the Facilities ("Vending Machines"), except that vending machines offering snack foods other than Snack Products shall be permitted as set forth in Section 2(A) above. The Products shall be offered for resale only through Vending Machines. Except as set forth in Section 2(A) above, Customer represents and warrants, and undertakes to ensure, that the snack foods andbeverage Products sold through the Vending Machines shall be the exclusive snack foods and non- alcoholic beverage products advertised, promoted, identified, offered for sale or otherwise made available at the Facilities during the Term. Specific location of Vending Machines will be determined initially by mutual agreement of the parties, but in the exercise of its reasonable 2 Law 119999-1 coy PEPSI BEVERAGES COMPANY discretion relating to its space allocation needs Customer may notify Pepsi that particular Vending Machines must be relocated to another mutually agreeable space at the Facility. (B) Brand ID. The Customer shall have appropriate brand identification, as identified by Pepsi, for each Product served on all menus (including catering) and menu boards at each of the Facilities throughout the Term. (C) Changes in Facilities. The Customer agrees that it shall promptly notify Pepsi, in writing, of each new Facility which is opened or acquired during the Term, as well as of any Facility which is closed, sold or otherwise disposed of during the Term, so that the parties may promptly update Exhibit A. The parties acknowledge that Customer operates many locations in the City of Waterloo that are not identified as Facilities and thus are not subject to the terms of this Agreement. 4. Consideration In consideration of the exclusive rights granted to Pepsi by Customer over the Term of this Agreement, and provided Customer is not in breach of this Agreement, Pepsi shall provide Customer with the following: (A) Advanced Rebates. Each Year throughout the Term, Pepsi will advance to Customer Advanced Rebates in the amount of Twelve Thousand Dollars ($12,000) ("Advance Rebates") based on the per Case rate of Five Dollars Fifty -Four Cents ($5.54). At the end of each Year, Pepsi will reconcile Advanced Rebates advanced to Customer as follows: Pepsi will multiply the number of 24 -count cases of 20 oz. bottles purchased by Customer (each a "24 -Count Case") during the Year by the rate of Five Dollars Fifty -Four Cents ($5.54) per 24 -count Case and will compare that result with the amount advanced. The resulting amount, if positive, will be paid by Pepsi to Customer within thirty (30) days of Year end, or if negative, will be offset against amounts that may concurrently or thereafter become due to Customer under this Agreement, or, if in the final Year of the Term, will be paid by Customer to Pepsi within 30 days following Pepsi's invoice. The parties agree that Pepsi shall not advance or pay any Advanced Rebates for sales to Facilities that are in breach of the Performance Requirements listed in Section 3 above. (B) Free Equipment Loan and Service. As further outlined in Section 5 below, Pepsi shall provide at no cost to Customer or the Facilities necessary dispensing/selling Equipment for Beverages and Snack Products at the Facilities. Such Equipment shall be in sufficient quantities (in light of sales volume) as determined by Pepsi to satisfy the reasonable needs of each Facility. (C) Snack Products. Customer shall purchase Snack Products from Pepsi to be dispensed from the Vending Machines. Customer shall be entitled to retain all proceeds from the sale of such Snack Products. 3 Law 119999-1 ved PEPSI BEVERAGES COMPANY 5. Equipment During the Term, Pepsi will loan each Facility, at no charge, appropriate equipment for selling, vending and/or dispensing the Products ("Equipment"). Customer agrees that the Equipment shall be exclusively used to display and merchandise the Products, and the Customer shall not use the Equipment to display, stock, advertise, sell or maintain any other products (including on the exterior of the Equipment). Pepsi will also provide, at no charge to the Customer, service to the Equipment. Title to such Equipment will remain vested in Pepsi or its affiliate and all such Equipment will be returned to Pepsi upon expiration or earlier termination of this Agreement. Pepsi will provide, at no charge to the Customer, preventative maintenance and service to the Equipment. Pepsi will also provide Customer with a telephone number to request emergency repairs and receive technical assistance related to the Equipment after business hours. Pepsi will promptly respond to each applicable Customer request, and will use reasonable efforts to remedy the related Equipment problem as soon as possible. Pepsi will enter upon all Facilities and Customer locations within the scope of this Agreement in their then -current condition and, if applicable, will maintain the area occupied by the Equipment in safe, serviceable, and good condition. Pepsi will not permit or allow said premises to be damaged or depreciated in value by any negligent act or omission, or by any willful misconduct, of Pepsi, its agents or employees. 6. Pricing Pepsi will provide Customer/Facilities a complete supply of Products during the Term of this Agreement and shall deliver such Products in a timely manner (based on mutually agreed upon delivery schedules) and in good and sanitary condition. The Products shall be purchased by the Customer from Pepsi at prices established by Pepsi; provided, however, that any annual pricing increase will not exceed four percent 4% of the then current pricing. The current pricing schedule for Products is set forth on attached Exhibit B. Pepsi shall provide thirty (30) days' notice of any price increases during the Term. 7. General Terms (A) Termination. Either party may terminate this Agreement if the other commits a material breach of this Agreement; provided, however, that the terminating party has given the other party written notice of the breach and the other party has failed to remedy or cure the breach within thirty (30) days of such notice. (B) Remedies. If Pepsi terminates this Agreement as a result of default by Customer or its Facilities, or if Customer terminates this Agreement other than due to Pepsi's failure to cure a breach hereof, then Customer and its Facilities will surrender to Pepsi all Equipment provided by Pepsi and shall forfeit all funding not earned as of the date of termination. Further, either party may terminate this Agreement immediately in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or if such party makes an assignment for the benefit of its creditors. In addition, without prejudice to any other right or remedy available to Pepsi, Pepsi shall have the right to immediately seek reimbursement from Customer and the Facilities for the following: 4 Law 119999-1 ep, PEPSI BEVERAGES COMPANY (i) An amount reflecting reimbursement for all funding previously advanced by Pepsi but not earned by the Customer pursuant to the terms of this Agreement; and (ii) An amount reflecting reimbursement for the cost of refurbishing of Equipment provided during the Term and the cost of removal of all Equipment that has been installed in the Facilities, if applicable, except in the case of termination due to bankruptcy or insolvency. (C) Expiration. Upon expiration of this Agreement, if Customer has not entered into a further agreement with Pepsi for the purchase of the Products, Customer shall surrender to Pepsi all Equipment installed in the Facilities, whether leased, loaned or otherwise made available by Pepsi. (D) Right of Offset. Pepsi reserves the right to withhold payments due hereunder as an offset against amounts not paid by Customer or its Facilities for Products ordered from and delivered by Pepsi pursuant to this Agreement. (E) Indemnification. Pepsi will indemnify and hold the Customer harmless from any and all suits, actions, claims, demands, losses, costs, damages, liabilities, fines, expenses and penalties (including reasonable attorneys' fees) arising out of: (i) its breach of any term or condition of this Agreement; (ii) product liability suits resulting from the use or consumption of the Products; and/or (iii) the negligence or willful misconduct of Pepsi, its employees, contractors, and agents. To the extent permitted by applicable law, the Customer will indemnify and hold Pepsi, its subsidiaries, affiliates or assigns harmless from and against any and all suits, actions, claims, demands, losses, costs, damages, liabilities, fines, expenses and penalties (including reasonable attorneys' fees) arising out of: (i) its breach of any term or condition of this Agreement; and/or (ii) the negligence or willful misconduct of the Customer. (E-1) Insurance. During the term of this Agreement, Pepsi shall, at its own expense, maintain in force and effect commercial general liability insurance in amounts not less than Five Million Dollars ($5,000,000.00) per occurrence for bodily injury and Five Million Dollars ($5,000,000.00) general aggregate. Such insurance shall cover liability arising from bodily injury, property damage, premises operations, independent contractors, personal injury, products, and completed operations and liability assumed under an insured contract, including but not limited to the activities of Pepsi, its employees and agents. Certificates, showing Customer as an additional insured, and providing for thirty (30) days' advance notice to Customer before cancellation, shall be delivered to Customer concurrently with execution of this Agreement. A renewal certificate shall be provided to Customer prior to expiration of any policy. Any liability shall be first assumed by Pepsi's insurance up to the limits of coverage as set forth herein. Customer may at its own expense procure and maintain additional insurance. Including Customer as an additional insured shall not constitute a waiver of Customer's governmental immunity under Iowa Code Chapter 670. (F) Assignment. (i) In the event that a third party acquires Customer or all or a group of the Facilities, or if Customer is acquired or merges with a third party, Customer will, in connection with such transaction, cause the acquiring party/merged entity, in writing, to ratify this 5 Law 119999-1 of:, PEPSI BEVERAGES COMPANY Agreement and assume all of the obligations of Customer hereunder. In the event that Customer does not deliver written evidence of such ratification and assumption of this Agreement by the acquiring party/merged entity within thirty (30) days following the closing of the transaction, the Customer will be in breach of this Agreement and Pepsi may, at its option, terminate this Agreement effective immediately and Customer will pay to Pepsi all sums specified in Section 7(B) herein. The Agreement shall not be otherwise assignable without the express written consent of Pepsi. (ii) Any assignment of this Agreement by Pepsi, in whole or in part, without Customer's prior written consent shall, at the option of Customer, immediately terminate this Agreement, and Pepsi shall immediately surrender possession of any premises where is Equipment is located and, within a reasonable period of time, remove its Equipment and abide by all other provisions of this Agreement that may apply at that time. This Agreement does not give Pepsi any interest in the Facilities or appurtenant premises that is capable of being subleased, assigned, mortgaged or otherwise dispose of to another party. (G) Governing Law. This Agreement shall be governed by the laws of the State of New York without regard to conflict of laws principles. (H) Price Discrepancy. Any price discrepancy claim must be submitted to Pepsi within 365 days of the date of the invoice in question. If the Customer makes a price discrepancy claim within 90 days of the invoice date, the Customer must submit a written request specifying the particular Product, amount in dispute and reason for the dispute. This request should be addressed to: Accounts Receivable Pepsi-Cola Customer Service Center P.O. Box 10 Winston-Salem, North Carolina 27102. If the Customer makes a price discrepancy claim from 91 to 365 days after the date of invoice, in addition to the written request as specified above, the Customer must submit to Pepsi a copy of the invoice in question, copies of any check remittances pursuant to the invoice in question and any additional supporting documentation. (I) Tax. The Customer acknowledges and agrees that neither Pepsi nor its affiliates shall be responsible for any taxes payable, fees or other tax liability incurred by the Customer in connection with the consideration or any other fees payable by Pepsi under this Agreement. Pepsi shall not be assessed common area maintenance fees, taxes or other charges based on its occupation of the space allocated to its Equipment at the Facilities. (J) Force Majeure. Pepsi will not be responsible for any delay or lack of delivery resulting directly or indirectly from any foreign or domestic embargo, product detention, seizure, act of God, insurrection, war and/or continuance of war, the passage or enactment of any law ordinance, regulation, ruling, or order interfering directly or indirectly with or rendering more burdensome the purchase, production, delivery or payment hereunder, including the lack of the 6 Law 119999-1 isid PEPSI BEVERAGES COMPANY usual means of transportation due to fire, flood, explosion, riot, strike or other acts of nature or man that are beyond the reasonable control of Pepsi or that of the suppliers to Pepsi unless such contingency is specifically excluded in another part of this Agreement. Subject to the provisions below, this Agreement will be suspended as to both Product and delivery during any of the above force majeure contingencies. Any and all suspended deliveries will resume after such contingencies cease to exist, if possible, and this Agreement will resume in accordance with its terms, unless otherwise provided for herein. (K) Release, Discharge or Waiver. No release, discharge or waiver of any provision hereof shall be enforceable against or binding upon either party hereto unless in writing and executed by both parties hereto. Neither the failure to insist upon strict performance of any of the agreements, terms, covenants or conditions hereof, nor the acceptance of monies due hereunder with knowledge of a breach of this Agreement, shall be deemed a waiver of any rights or remedies that either party hereto may have or a waiver of any subsequent breach or default in any of such agreements, terms, covenants or conditions. (L) Relationship of the Parties. The parties are independent contractors with respect to each other. Nothing contained in this Agreement will be deemed or construed as creating a joint venture partnership between the parties. (M) Effect of Headings. The headings and subheadings of the sections of this Agreement are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the agreements, terms, covenants and conditions of this Agreement in any manner. (N) Construction. This Agreement has been fully reviewed and negotiated by the parties hereto and their respective legal counsel. Accordingly, in interpreting this Agreement, no weight shall be placed upon which party hereto or its counsel drafted the provision being interpreted. Wherever this Agreement provides for one party hereto to provide authorization, agreement, approval or consent to another party hereto, or provides for mutual agreement of the parties hereto, such authorization, approval, agreement or consent shall, except as may otherwise be specified herein, be given in such party's reasonable judgment and reasonable discretion, and shall be in writing unless otherwise mutually agreed by the parties. If any term or provision of this Agreement shall be found to be void or contrary to law, such term or provision shall, but only to the extent necessary to bring this Agreement within the requirements of law, be deemed to be severable from the other terms and provisions hereof, and the remainder of this Agreement shall be given effect as if the parties had not included the severed term herein. (0) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. (P) Further Assurances. Each party hereto shall execute any and all further documents or instruments and take all necessary action that either party hereto may deem reasonably necessary to carry out the proper purposes of this Agreement. 7 Law 119999-1 rid PEPSI BEVERAGES COMPANY (Q) Notices. Unless otherwise specified herein, all notices, requests, demands, consents, and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand delivered, upon delivery when sent by express mail, courier, overnight mail or other recognized overnight or next day delivery service, or three (3) days following the date mailed when sent by registered or certified United States mail, postage prepaid, return receipt requested, or by facsimile, with a confirmation copy sent by recognized overnight courier, next day delivery, addressed as follows: If to Pepsi: Pepsi Beverages Company 400 6th Avenue SE Cedar Rapids, IA 52401 Attn: Director, FoodService With a copy to (which shall not constitute notice): Pepsi Beverages Company One Pepsi Way Somers, NY 10589 Attn: Legal Department If to Customer: City of Waterloo 125 Commercial Street Waterloo, Iowa 50701 Attn: Chris Dolan (R) Right of First Negotiation/Refusal. As of the commencement of this Agreement until ninety (90) days prior to the expiration of the Term, the Customer hereby agrees to grant Pepsi exclusive negotiation rights with respect to extending the current Agreement or entering into a new agreement for Beverage pouring rights at the Facilities upon expiration of the current Term. Thereafter, if the parties have not entered into a new agreement, the Customer shall be free to enter into discussions/negotiations with third parties. (S) Limitations/Offset Rights. Pepsi reserves the right to limit quantities, withhold or deduct funding as an offset to amounts not paid by Customer under this Agreement or terminate this Agreement if the Customer (i) sells Products directly or indirectly for resale outside of the Pepsi's exclusive territory where the Facility operates, (ii) purchases Products outside Pepsi's exclusive territory where the Facility operates and resells such Products within Pepsi's exclusive territory or (iii) does not comply with Pepsi's payment terms or makes an unauthorized deduction from amounts due. (T) Entire Agreement. This Agreement contains the entire agreement between the parties hereto regarding the subject matter hereof and supersedes all other agreements between the 8 Law 119999-1 . PEPSI BEVERAGES COMPANY parties. This Agreement may be amended or modified only by a writing signed by each of the parties. (U) Customer Representations. Customer represents and warrants to Pepsi that the execution, delivery and performance of this Agreement by Customer will not violate any agreements with, or rights of, third parties. The Customer and undersigned represent that the undersigned is duly authorized and empowered to bind the Customer to the terms and conditions of this Agreement for the duration of the Term. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed as of the date set forth below. Bottling Group, LLC City of Waterloo By: By: Print Name: Print Name: Title: Title: Date: Date: 9 Law 119999-1 iid PEPSI BEVERAGES COMPANY Exhibit A Customer Facilities Byrnes Park Pool Concessions — 801 Campbell Ave., Waterloo, Iowa 50701 Byrnes Park Tennis — 1110 Campbell Ave., Waterloo, Iowa 50701 Leisure Services Cedar River Park — 539 Burton Ave., Waterloo, Iowa 50703 Gates Park Pool — 820 E. Donald St., Waterloo, Iowa 50703 Young Arena —125 Commercial St., Waterloo, Iowa 50701 Cedar Valley SportsPlex — 300 Jefferson St., Waterloo, Iowa 50701 10 Law 119999-1 PEPSI BEVERAGES COMPANY Exhibit B Products and Prices Customer acknowledges and agrees (and shall require that any third parties or Food Service Providers purchasing Products through this Agreement agree) that Pepsi shall be entitled to pass-through any governmentally imposed incremental fees, deposits, taxes or other charges (whether local, state, federal or judicially imposed) and that the pass-through of any such governmentally imposed fees, deposits, taxes or charges on the Products shall not be deemed as a price increase subject to any pricing cap or notification restrictions that may be specified in this Agreement. Bottle & Can Products Cost Per Case Cost Per Unit Carbonated Soft Drinks — 20oz 24pk Bottles * $23.58 $0.98 Lipton — 20oz 24pk $23.58 $0.98 Gatorade & G2 — 20oz 24pk $26.23 $1.09 Aquafina Water — 20oz 24pk $16.34 $0.68 SoBe Life Water — 20oz 12pk $11.79 $0.98 *A deposit of $0.05 per unit will be invoiced at time of purchase per the State of Iowa Bottle and Can Act. 11 Law 119999-1 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-153 RESOLUTION APPROVING BEVERAGE SALES AGREEMENT WITH PEPSI BEVERAGES COMPANY AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Beverage Sales Agreement dated March 3, 2014, to provide beverage sales at concession stands and vending machines in all Leisure Services facilities including Young Arena, Cedar Valley SportsPlex, athletic complexes and outdoor swimming pools, by and between Pepsi Beverages Company and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 3rd day of March, 2014. ATTEST: (lAk-CiAeJ Suzy Scfi res, CMC City Cle k '414c-jC Ernest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: March 3, 2014 Prepared: February 26, 2014 Dept. Head Signature: PH # of Attachments: SUBJECT: Letter of Agreeent for Services offered at the Cedar Valley SportsPlex between the City of Waterloo and Accelerated Rehabilitation Centers. Submitted by: Mark Gallagher, Recreation Services Manager, Leisure Services Recommended City Council Action: Approve an agreement with Accelerated Rehabilitation Centers for services to be offered at the Cedar Valley SportsPlex. Summary Statement: This agreement would have Accelerated Rehabilitation Center offer Complimentary injury screens, musculoskeletal assessments, FMS, Specialty programs, question/answer sessions, and presentations for the staff, clients and for community events as mutually agreed upon between ARC and CV SportsPlex. Above -referenced agreement will be available for review in the office of the City Clerk, 715 Mulberry St. and the Cedar Valley SportsPlex 300 Jefferson Street, Waterloo, Iowa. Expenditure Required: NA. Source of Funds: NA Policy Issue: NA Alternative: NA Background Information: NA Accelerated- />) Physical Therapy Sports Medicine / City of Waterloo Cedar Valley SportsPlex Date: February 1, 2014 From: Michelle Bamrick ATC/L, PTA, CSCS Sports Medicine Manager Michelle.BamrickAacceleratedrehab.com 641-430-9417 Club Primary Contact: Kathryn Moeller This letter agreement (this "Agreement") dated as of the date set forth above, is by and between Accelerated Rehabilitation Centers, Ltd., an Illinois professional services corporation ("ARC") and The City of Waterloo, Iowa (Cedar Valley SportsPlex known as "CV SportsPlex"). The following is a description of the services that ARC will provide to the CV SportsPlex. The Agreement shall document the services to be provided, hours, and suggested ancillary programs. The parties agree that ARC will 1 provide sports medicine -services to the CV SportsPlex and any ancillary programs associated therewith. This Agreement shall commence on February 1, 2014, and shall remain in full force and effect for an initial term ending January 31, 2015 (the "Initial Term"). This Agreement shall automatically renew for additional one year periods (each, a "Renewal Term") unless one party notifies the other party at least thirty (30) days before the end of the then current term of its intention not to renew the Agreement (the Initial Term, together with any Renewal Term are collectively, the "Term"). All terms and provisions of this Agreement shall continue in full force and effect during the Term. Either party may terminate this Agreement without cause with a minimum of thirty (30) days' prior written notice. Accelerated Rehabilitation Centers (ARC) will provide: • Complimentary injury screens, musculoskeletal assessments, FMS, Specialty programs, question/answer sessions, and presentations for the staff, clients and for community events as mutually agreed upon between ARC and CV SportsPlex. Schedule of dates and times posted as agreed upon by both parties. • Evidence of professional liability insurance covering each and all of the medical professionals. • Evidence that ARC maintains malpractice insurance in the amount of $3,000,000 per occurrence ($5,000,000). • Payment in the amount of $600 per quarter ($200/month) for each quarter that this Agreement is in effect, due and payable on or before the first day of each quarter, with the first quarter's payment being due in full upon execution of this Agreement. ARC shall be permitted to pay CV SportsPlex any amounts due under this Agreement by check. Upon request by ARC, CV SportsPlex shall promptly provide an invoice to ARC. Failure to timely provide such information shall relieve ARC from any interest or late fees which may otherwise be due to CV SportsPlex. Quarterly payments will be due April 1, July 1, October 1 and January 1 of each year of the agreement. NOTE: Participants are only under ARC coverage when there is an ARC physical therapist or ATC present during agreed upon dates and scheduled hours. ARC does not accept responsibility for any services supplied by providers other than ARC. Cedar Valley SportsPlex shall provide: • Permission to ARC to utilize space for injury screens and to display signage in the facility and at any events hosted by CV SportsPlex as agreed upon by both parties. • Ability to promote ARC via email newsletters and through social media channels (ie. Facebook and Twitter) if available. • The Cedar Valley SportsPlex logo to place on ARC printed materials and have Cedar Valley SportsPlex material placed at ARC clinics. • The Cedar Valley SportsPlex logo to place on ARC's website. The parties agree that it is a material part of this Agreement with Cedar Valley SportsPlex and ARC to publicly recognize their sports medicine alliance. • Ability to advertise in any programs provided at an event hosted by Cedar Valley SportsPlex at no additional cost as agreed upon by both parties. GENERAL COVENANTS AND CONDITIONS • Any and all proprietary or confidential information concerning the business, properties and operation of ARC, including, without limitation, information, documents, materials and data which relate to ARC's business or marketing plans or strategies (collectively, "Confidential Information"), is valuable, special, unique and a proprietary asset of ARC, giving ARC a competitive advantage over competitors who do not have access to or use of the Confidential Information, in whole or in part, is sufficiently secret for ARC to derive economic value, actual and potential, from not being generally known to other persons who can obtain economic value from its disclosure or use, is the subject of efforts by ARC reasonable under the circumstances to maintain its secrecy or confidentiality and constitute trade secrets as defined in the Trade Secrets Act of the state where Cedar Valley SportsPlex is located (the "Act"). ARC shall be responsible to clearly and explicitly mark as confidential all information it provides, in any form, to Cedar Valley SportsPlex that ARC desires to be treated as Confidential Information. Without such indication of ARC'S claim of confidentiality, information may be treated as non - confidential. • The Cedar Valley SportsPlex will not disseminate any of the Confidential Information to any person, firm, corporation, association or other entity for any reason or purpose whatsoever, except as required by the order of any court or similar tribunal, or any other governmental body or agency of appropriate jurisdiction; provided the Cedar Valley SportsPlex to the extent practicable, shall give ARC prior notice of any such requirement for disclosure and shall cooperate with ARC in obtaining a protective order or such similar protection as ARC may deem appropriate to preserve the confidential nature of the Confidential Information._ ARC acknowledges that Cedar Valley SportsPlex is subject to the Iowa Open Records Law set forth in Iowa Code Chapter 22 and that any ARC information not marked as confidential pursuant to the preceding paragraph may be disclosed without advance notice to ARC. 2 • The parties further agree to comply with all state and federal laws and regulations governing the release and handling of patient medical records. • No waiver of any breach of this Agreement shall be held to be a waiver of any other subsequent breach. All remedies afforded in this Agreement shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. • During the Term and for a one (1) -year period thereafter, The Cedar Valley SportsPlex shall not solicit for hire, nor hire any employees of ARC or its affiliates, without the written approval of ARC. • ARC is an independent contractor. Nothing in this Agreement is intended, or shall be deemed, to constitute a partnership or joint venture between the parties. • To the fullest extent permitted by law, each party shall indemnify, defend, protect, and hold the other party, including its officers, officials, board members, and employees harmless from any liability, claim, demand, damages, losses, judgment, lien, penalty, fine, interest, costs and expense (including reasonable attorneys' fees and litigation costs) arising out of or in conjunction with the intentional or negligent acts of their respective employees and/or agents. If a physician, coach or parent supersedes the decision of ARC with respect to any injured person, ARC shall no longer be responsible to provide any services with respect to such injured person, and ARC shall not be liable for injuries or loss resulting from the decisions of others with respect to an injured person. • All notices required to be served by provisions of this Agreement shall be in writing and shall be served on any of the parties hereto personally or by a nationally recognized overnight courier or by a locally recognized private courier or by sending such notice in an envelope duly addressed by certified or registered U.S. mail, postage prepaid. Notices to be served on ARC shall be served at or mailed to Accelerated Rehabilitation Centers, Ltd., 205 West Wacker Drive, Suite 1020, Chicago, Illinois 60606, Attention: Eric C. Warner, PT, MS, CEO. Notices to be served on The Cedar Valley SportsPlex shall be served at or mailed to Cedar Valley SportsPlex, 300 Jefferson Street, Waterloo, IA 50701, attn: Kathryn Moeller, unless otherwise instructed. • This Agreement shall be interpreted, construed and governed by and under the laws of the state of Iowa, without regard to conflict of laws principles. • If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then such provision shall be deemed severed herefrom, and such invalidity shall not affect any other provision of this Agreement, the balance of which shall remain in and have its intended full force and effect; provided, however, if any such provision may be modified so as to be valid as a matter of law, then such provision shall be deemed to have been modified so as to be enforceable to the maximum extent permitted by law. • This Agreement sets forth the understanding of the parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings between the parties which may have related to the subject matter hereof, whether oral or written. No provision of this 3 Agreement may be modified, except in writing, duly signed and acknowledged by each of the parties. • The rights and obligations of ARC under this Agreement will inure to, and be binding upon, the successors and assigns of ARC with prior notice to The Cedar Valley SportsPlex. The Cedar Valley SportsPlex may not assign The Cedar Valley SportsPlex's rights or obligations under this Agreement. • This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. Please visit our website at www.acceleratedrehab.com for more information regarding Accelerated Rehabilitation Centers. Thank you for this opportunity to work with The Cedar Valley SportsPlex, staff, and your clients! ARC Representative/Title Date CITY OF WATERLOO, IOWA By: Ernest G Clark, Mayor Date Attest: Suzy Schares, City Clerk 4 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-154 RESOLUTION APPROVING AGREEMENT WITH ACCELERATED REHABILITATION CENTERS AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement dated March 3, 2014, for complimentary injury screens, musculoskeletal assessments, FMS, specialty programs, question/answer sessions, and presentations for the staff, clients and for community events as mutually agreed upon between ARC and Cedar Valley SportsPlex, at a cost of $200.00 per month, by and between Accelerated Rehabilitation Centers and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 3rd day of March, 2014. Z4l/€41/ a,/ Ernest G. Clark, Mayor ATTEST: Suzy Sch:res, CMC City Clerk Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291- 4323. RESOLUTION NO. 2014-150 RESOLUTION APPROVING APPLICATION WITH PATRISHA SERFLING FOR TAX EXEMPTIONS FOR THE CONSTRUCTION OF AN ADDITION TO A SINGLE FAMILY HOME TOTALING $25,900.00 FOR PROPERTY LOCATED AT 642 W. PARKER STREET IN THE CONSOLIDATED URBAN REVITALIZATION AREA (CURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Patrisha Serfling has submitted an application dated February 24, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions for the construction of an addition to a single family home totaling $25,900.00 for property located at 642 W. Parker Street, more fully described as follows: A part of the East one-half of the Northeast Quarter of the Southwest Quarter of Section No. Fourteen (14), Township No. Eighty-nine (89) North, Range No. Thirteen (13) West of the Fifth (5t'') Principal Meridian, In Black Hawk County, Iowa, described as follows, to -wit: Commencing at a point on the North line of Parker Street which is Thirty-three (33) feet North of a point that is Three Hundred and ten (310) feet East of the Southwest corner of the East one-half of the Northeast Quarter of the Southwest Quarter of said Section No. Fourteen (14); thence North Three Hundred (300) feet; thence West one -hundred (100) feet; thence South Three Hundred (300) feet; thence East along the North line of Parker Street to the place of beginning. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area (CURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and WHEREAS, the interior remodel project respecting said property is in conformance with the Consolidated Urban Revitalization Area (CURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the interior remodel on said property was made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Area (CURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following 10 -year partial exemption schedule: For the first year 80% For the second year 70%