HomeMy WebLinkAboutCouncil Packet - 7/9/2018 THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA,
REGULAR SESSION TO BE HELD AT
THE HAROLD E. GETTY COUNCIL CHAMBERS
Monday, July 9, 2018
5:30 PM
CITY OF WATERLOO
GOALS
1. Support the creation of new, livable wage jobs through a balanced economic development
approach of assisting existing businesses, fostering start-ups, attracting new employers and
cultivating an adequate workforce.
2. Implement a Community Policing strategy that creates a safe environment in Waterloo.
3. Reduce the City's property tax levies through a responsible balance of cost reduction in
City operations and increases in taxable property valuations to ensure that Waterloo is a
competitive, affordable, and livable city.
4. Enhance the image of Waterloo and the City to residents and businesses inside and outside
of the community.
General Rules for Public Participation
1. 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.
2. You may speak one (1)time per item for a maximum of five(5)minutes as long as you
have registered with the City Clerk's office no later than 4:00 p.m. on the day of the
Council Meeting. If not registered with the City Cleric's office you may speak one(1)time
per item for a maximum of three (3)minutes.
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. 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. You may
speak one (1)time for a maximum of five (5)minutes as long as you have registered with
the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not
registered with the City Clerk's office 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.
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 4:00 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.
Page 1 of 97
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Chris Youngblut, Director of Technology
Agenda, as proposed or amended.
Minutes of July 2, 2018, Regular Session, as proposed.
Proclamation Declaring July 12, 2018, as Big Brothers Big Sisters Day
Recognition of Ni'Airea Miller, Historic Preservation Commission's Youth Art
Contest Winner
ORAL PRESENTATIONS
Iowa Code Chapter 21 gives the public the right to attend council meetings but it
does not require cities to allow public participation except during public hearings.
The City of Waterloo encourages the public to participate during the Oral
Presentations by following the rules listed on the front of the agenda.
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. Resolution approving preliminary plans, specifications, form of contract,
etc., setting date of bid opening as July 26, 2018 and date of public hearing as
July 30, 2018 for the FY 2019 Brock 3rd Addition Sanitary Sewer Extension,
Contract No. 954, and instruct City Clerk to publish notice.
Submitted By: Jamie Knutson, PE, Interim City Engineer
3. Request from Marko Dostanic for a waiver for a concrete driveway located at 220
Esther Street and authorizing the construction of a concrete driveway and placing
a driveway or sidewalk on city right-of-way on an unimproved street.
Submitted By: Jamie Knutson, PE, Interim City Engineer
4. Request from Iowa Heartland Habitat for Humanity for a waiver for a concrete
driveway located at 703 Eureka Street and authorizing the construction of a
concrete driveway and placing a driveway or sidewalk on city right-of-way on an
unimproved street.
Submitted By: Jamie Knutson, PE, Interim City Engineer
Page 2 of 97
B. Motion to approve the following:
1. TRAVEL REQUESTS
a. Kelley Felchle, City Clerk
Class/Meeting: 2018 Iowa League of Cities Annual Conference
Destination: Council Bluffs, IA
Dates: September 12- Amount not to exceed: $635.00
14, 2018
2. LIQUOR LICENSES
a. Benevolent & Protective Order of Elks #290, 407 E. Park Avenue
*Ownership Update*
Class: C Liquor w/Outdoor Service/Catering
New Application Includes Sunday
Expiration Date: 6/30/2019
b. Cedar Valley Arboretum & Botanic Gardens, 1927 E. Orange Road *5
Day*
Class: Special Class C Liquor w/Outdoor Service
New Application Includes Sunday
Expiration Date: 7/23/2018
C. Highway 63 Diner, 3030 Marnie Road
Class: C Liquor
Renewal Application Includes Sunday
Expiration Date: 6/29/2019
d. Speedy Mart, 926 Linn Street
Class: B Wine / C Beer
Renewal Application Includes Sunday
Expiration Date: 7/6/2019
e. Walgreen's#10855, 1850 Logan Avenue
Class: B Wine / C Beer/ E Liquor
Renewal Application Includes Sunday
Expiration Date: 6/16/2019
f. Walgreen's#7455, 111 W. Ridgeway
Class: B Wine / C Beer/ E Liquor
Renewal Application Includes Sunday
Expiration Date: 6/16/2019
RESOLUTIONS
2. Motion approving Final Quantity Adjustment for a net decrease of$5,980.80 for the FY
2018 Brock 2nd Addition Sanitary Sewer Extension, Contract No. 932, and authorize
the Mayor and City Clerk to execute said document.
Submitted By: Jamie Knutson, PE, Interim City Engineer
Page 3 of 97
3. Resolution approving Completion of Project and Recommendation of Acceptance of
Work for work performed by Tschiggfrie Excavating Co. of Dubuque, Iowa, in the
amount of $119,456.08, in conjunction with the FY 2018 Brock 2nd Addition Sanitary
Sewer Extension, Contract No. 932, and receive and file the two (2) year maintenance
bond.
Submitted By: Jamie Knutson, PE, Interim City Engineer
4. Resolution approving 2017 JAG Grant H2382-IA-DJ for the FY2017 Edward Byrne
Memorial Justice Assistance Grant (JAG) in the amount of $78,918.00, to be used in a
joint effort by jurisdictions of the City of Waterloo, City of Cedar Falls, Black Hawk
County Sheriffs Office and the Black Hawk County Attorney's Office and authorize the
Mayor to execute any necessary documents.
Submitted By: Captain Frank Krogh
5. Resolution accepting the award of grant of not to exceed $37,500 from the National
Parks Service for project costs related to a civil rights study, nomination, design and
installation of signage, and authorize the Mayor and City Clerk to execute said
documents.
Submitted By: Noel Anderson, Community Planning and Development Director
6. Resolution approving a Professional Services Agreement between the City of Waterloo
and SPARK Consulting of Cedar Rapids, Iowa, for an architectural and historical
survey of the Smokey Row neighborhood in the amount of $24,425, and authorize the
Mayor and City Clerk to execute said documents.
Submitted By: Noel Anderson, Community Planning and Development Director
7. Resolution approving a two year lease agreement with 3 Little Lambs (John Brundrett
to maintain and manage 0.79 of land generally located at the northwest corner of Black
Hawk Street and 18th Street for $1.00 per year with development rights to site when
ready, and authorize Mayor and City Clerk to execute said document.
Submitted By: Noel Anderson, Community Planning & Development Director
8. Resolution approving recommendation of award of bid to US Cellular for wireless
communication services, using the State of Iowa bid, in the amount of$2,438 per month
plus equipment costs, and authorize the Mayor and City Clerk to execute a twenty-four
(24) month service contract.
Submitted By: Kelley Felchle, City Clerk
OTHER COUNCIL BUSINESS
9. Motion Approving Change Order No. 3 for a Net Increase of $7,646.02, for
additional airfield improvements, replacement of conduit crossing cables under
Runway 12-30 and the adjustment of a manhole at the Waterloo Regional
Airport, and Authorize the Mayor to Execute said document.
Submitted By: Keith Kaspari, Airport Director
10. Motion approving request of Tom Tucker for an extension to repair sidewalks at
916 Denver Street.
Page 4 of 97
Submitted By: Wayne Castle, PLS, PE,Associate Engineer
11. Motion approving request of Mark Lane for an extension to repair sidewalks at
809 Jane Street for the 2018 Sidewalk Repair Program -Zone 8.
Submitted By: Wayne Castle, PLS, PE,Associate Engineer
ADJOURNMENT
Motion to adjourn.
Kelley Felchle
City Clerk
MEETINGS
4:30 p.m. Council Work Session, Harold E. Getty Council Chambers
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
PUBLIC INFORMATION
1. Communication from the Leisure Services Forestry Department on the notice of the
conclusion of employment for Bryan Foster, Forestry Specialist, effective June 29, 2018
with recommendation of approval of payout of$2,291.44 for unused benefits.
Page 5 of 97
CITY OF WATERLOO
Council Communication
Minutes of July 2, 2018, Regular Session, as proposed.
City Council Meeting:7/9/2018
Prepared:
REVIEWERS:
Department Reviewer Action Date
Clerk Off ice i p n gp)y, N mmey Approved '7/3/20 b 8 ... tl 0-21 AM
ATTACHMENTS:
Description Type
Minutes cmfhfpy 2, 2019 Backup Mammlaap
Submitted by: Submitted By:
Page 6 of 97
July 2, 2018
The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers,
Waterloo, Iowa, at 5:30 p.m., on Monday, July 2, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs,
Morrissey, Shimp, Klein, Amos, and Schmitt. Absent: Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Kelley Felchle, City Clerk
146221- Schmitt/Amos
that the Agenda, as proposed, for the Regular Session on Monday, July 2, 2018, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
146222 - Schmitt/Amos
that the Minutes, as proposed, for the Regular Session on Monday, June 25, 2018, at 5:30 p.m.,be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Jerri Thornsberry, 704 Sheridan Road, commented that she believes the council treated the non-
bargaining employees poorly when they voted to give a pay raise to these employees that was less
than what was accounted for in the adopted budget. She explained that this is counter to what
happens in the private sector and questioned what governance model the council is using to help
guide their decision making. She questioned if the council has considered the impact on staff morale
and stated that she is impressed with the professionalism and hard work of the non-bargaining staff.
Dwayne Eilers, 179 W. 18th Street, commented that he received another harassing notice from the
city giving him a citation for code violations on his property and believes he is being singled out. He
also stated that he will be filing a lawsuit against the city at the end of the July.
Logan Buckley, 214 Highland Blvd., commented that he was at an auction on Saturday where
Councilmember Klein was in attendance and shared what the councilwoman stated regarding fellow
Councilmember Pat Morrissey. He stated that council should be cautious when using violent and
threatening language.
Chris Schwartz, Black Hawk County Supervisor and 214 Highland Blvd., commented that he heard
the statements made by Councilmember Klein and would swear under oath to what he heard.
John Sherbon, 1715 Robin Road, commented that the city council has a problem and that this is not a
court room and people should not be allowed to stand up and spread hearsay.
Jim Chapman, 224 Bertch, commented that he did not believe names were supposed to be mentioned
during meetings and that the city is here for city business and not what happened at an auction.
Bruce Kaesser, CRC Apartments, commented that he hopes everyone takes a deep breath and can be
respectful to one another.
David Dryer, 3145 W. 4"' Street, commented that he has concerns about four items on the Finance
Committee agenda.
July 2, 2018 Page 2
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
146224 - Schmitt/Amos
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 July 2, 2018, in
the amount of$2,080,357.24, 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. 2018-485.
2. Resolution canceling the regular city council meeting of July 23, 2018 and scheduling a
regular city council meeting for July 30, 2018.
Resolution adopted and upon approval by Mayor assigned No. 2018-486.
3. Resolution approving request to certify assessments to properties for work performed by the
Waterloo Water Works, together with recommendation of approval by the Waterloo Water
Works Board of Trustees. Addresses and amounts to certify: 620 Fowler Street- $2,865.00,
409 Independence Avenue- $3,250.00, 636 Hickory Street- $1,564.00.
Resolution adopted and upon approval by Mayor assigned No. 2018-487.
4. Resolution approving request from Iowa Heartland Habitat for Humanity for a waiver for a
concrete driveway located at 713 Eureka Street and authorizing the construction of a concrete
driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street.
Resolution adopted and upon approval by Mayor assigned No. 2018-488.
5. Resolution approving request from K. Cunningham Construction Co, Inc. for a variance to
the Noise Ordinance to allow for saw cutting of newly placed concrete on University Avenue
from Greenhill Road to Evergreen Street, for a 24 hour a day operation from June 25, 2018 to
December 31, 2018.
Resolution adopted and upon approval by Mayor assigned No. 2018-489.
6. Resolution approving request from the Iowa Department of Transportation, District 2 Office,
for a variance to the Noise Ordinance for twenty-four hour construction to U.S. Hwy 63
located between Franklin and Newell Streets from July 2, 2018 to December 31, 2019.
Resolution adopted and upon approval by Mayor assigned No. 2018-490.
7. Resolution approving request from Joseph Meany for a waiver for a concrete driveway
July 2, 2018 Page 3
boundaries, update projects to include additional projects, financial information and other
general updates to the Plan, setting date of consultation with taxing entities for July 17, 2018,
and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2018-493.
10. Resolution setting a date of public hearing as July 16, 2018 to authorize the sale and
conveyance of 1.5 acres of City owned property for $1.00 commonly known as the former
Logan Plaza area, and enter into a Development Agreement with Avita Developments, LLC,
for the construction of a 5,300 sq. ft. medical office expansion with a minimum value of$1.1
million added to existing value, and 5 years at 50% tax rebates.
Resolution adopted and upon approval by Mayor assigned No. 2018-494.
b. Motion to approve the following:
1 Travel Requests
Name & Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
a. Lt. McGeough and NTOA National Tactical Milwaukee, September $2,544.00
Sgt. Richter Officers Association WI 16-21, 2018
Conference
b. P.O.'s Tindall and Firearms Instructor Johnston, IA July 30- $3,580.00
Moore School August 3,
2018 and
August 6-
10, 2018
c. Sgt. Schuster Women in Command Waterloo, TA Waterloo, $329.00
IA
d. Sgt. Monroe First Line Supervisor Johnston, TA July 16-20, $1,330.00
School 2018
e. Angie Fordyce, HOME Basics Course Woodstock, IL July 15-18, $1,200.00
Coordinator 2018
f. Mayor Quentin Hart Iowa League of Cities Council Bluffs, September September
Annual Conference IA 11-14, 2018 11-14,
2018
g. John Dornoff, National Alliance of Des Moines, July 17-22, $1,223.00
Planner I Preservation IA 2018
Commissions Forum
2018
2• Approved Beer, Liquor, and Wine Applications
Name & Address of Business Class New or Expiration Includes
Renewal Date Sunda
a. Amigo Mexican Restaurant, C Liquor Renewal 2/28/2019 x
1415 E. San Martian Drive w/Outdoor Service
b. Benevolent&Protective C Liquor Renewal 6/30/2019 x
July 2, 2018 Page 4
Avenue
h. Olive Garden Restaurant C Liquor New 5/28/2019 x
#1489, 1315 E. San Marnan
Drive *Ownership Update*
i. Old Skool Lounge, 120 C Liquor Renewal 7/5/2019 x
Sumner Street w/Outdoor Service
j. Spicoli's Reverb, 3555 C Liquor New C Liquor x
University Avenue w/Outdoor Service w/Outdoor
Service
3. Cigarette/Tobacco Permit New Application for R&H Entertainment dba Broken Record, 315 W. 4th
Street.
4. Cigarette/Tobacco Permit New Application for Snack Shack, 4335 Texas Street.
5. Cigarette/Tobacco Permit New Application for Affluent Corporation/King Star, 2035 E. Mitchell
Avenue.
6. Motion to receive and file the Iowa Public Official Bond for Waterloo Water Works Trustee Member
Mary Potter.
Gz 11, Waste Management aep cmtn €itrcfro6tF 23, 2018
8. Bonds.
Mr. Shimp asked that item 1.B.7 and I.B.2.d and 1.B.2.e be considered separately.
Roll call vote-Ayes: Six. Motion carried.
146225 - Shimp/Morrissey
Recommendation of appointment of Laura Winninger, from the Civil Service list, to the position of
Clerk II, Waste Management Department, effective July 23, 2018. Roll call vote-Ayes: Six. Motion
carried.
Steve Hoambrecker, Waste Management Services Director,provided an overview of the position.
146226 - Amos/Morrissey
Motion to approve:
Guddi Mart, 306 Byron Avenue E Liquor New 5/19/2019 x
Mohsin Ansar, 306 Byron Avenue, provided an overview of his business and explained that they have
security measures in place to help prevent criminal activity.
Missy Denning, 1007 Baltimore Street, explained that she enjoyed having Hy-Vee at this location but
does not believe another liquor store is needed in their neighborhood
July 2, 2018 Page 5
Mr. Ansar commented he would welcome the opportunity to meet with the neighbors.
Carole Gustafson, 209 Forest Avenue, President, West Central Neighborhood Association, commented
that she is in favor of having a grocery store but not the accessibility of liquor.
Cheryl Peterson, 922 Byron, commented that her walking path goes past the store and when it was a
Hy-Vee she felt safe walking past the store but when the store changed ownership she changed her
route because she did not feel safe. When the business closed she walked past the closed store but has
concern that the neighborhood will no longer be safe.
Reverend Ed Loggins, IJI, 233 Oliver, commented on his experience with having a liquor store
allowed in his residential neighborhood.
Jim Chapman, 224 Bertch commented that he has lived in the neighborhood for 54 years and his
personal knowledge of how crime affected the previous owner.
Judy Ciesielski, 210 Williston, read a letter from Gloria Little, 822 Baltimore, explaining that most
neighbors are opposed to having access to liquor in their neighborhood, and thay any reduction in
recent crime is only because the building has been vacant.
Mohsin Ansar commented on his business plan for safety and that he has met all the requirements
needed to open his business.
Mr. Shimp commented on the process for approving the convenience store that Reverend Loggins
referred to in his comments.
Mr. Morrissey questioned the difference between liquor store and a grocery store.
Noel Anderson, Community Planning and Development Director, commented that a liquor store is
unlimited use with liquor while a grocery store has requirements for the amount of floor space and
sales that go towards alcohol sales.
Mr. Morrissey questioned if Hy-Vee sold alcohol.
Noel Anderson confirmed.
Mr. Morrissey questioned the proposed hours of operation and what kind of cameras they will have
and where they will be positioned.
Mohsin Ansar explained the hours of operation would be 7:00 a.m. to 10 p.m. and may stay open as
late as 11:00 p.m. He explained the camera coverage for inside and outside the building.
Mr. Morrissey questioned if the requirements have been met to be licensed for both licenses.
Kelley Felchle, City Clerk, confirmed all requirements have been met.
Mr. Morrissey questioned if the license is denied
Kelley Felchle explained that if council should deny one or both of the licenses, the Alcoholic
Beverages Division will grant a right to appeal and holds a hearing to determine if the denial should be
July 2, 2018 Page 6
Mr. Amos questioned the impact on Mr. Ansar's business if the hard liquor license is not approved.
Mohsin Ansar explained that it would impact his business.
Mr. Schmitt commented that he supports a meeting between the neighborhood association and
questioned if Mr. Ansar would be open to running his grocery store without selling liquor.
Mohsin Ansar confirmed he would, though reiterated the effort and cost he has put forth to meet the
requirements.
Mr. Schmitt asked that Mr. Ansar speak to his experience in running grocery stores.
Mohsin Ansar provided an overview of his experience.
Mr. Schmitt questioned how much money they have invested in the business.
Mohsin Ansar stated that they have invested $185,000.
Mr. Shimp commented that he does not support the item, that the neighborhood has expressed that
they do not want alcohol sales at the location, that criminal activity was high when alcohol was sold
prior at the location. He further read a study he researched that links alcohol sales with increased
criminal activity.
Mr. Amos questioned the cost to defend a denial of a liquor license.
Dave Zellhoefer, City Attorney, commented that there is not a filing fee or court cost but the actual
cost is the Legal Department's time defending.
Mr. Morrissey read the reasons why he would vote in favor of the item.
Roll call vote-Ayes: One. Nays: Five (Jacobs, Shimp, Klein, Amos, and Schmitt). Motion carried.
146227 - Schmitt/Amos
Motion to approve:
Guddi Mart, 306 Byron Avenue B Wine/C Beer New 5/19/2019 x
Roll call vote-Ayes: Five. Nays: One (Shimp). Motion carried.
RESOLUTIONS
146228 - Morrissey/Shimp
that "Resolution approving Otto Schoitz Foundation Grant Application in the amount of $200,000
for the Lincoln Park Improvements Project",be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-495.
July 2, 2018 Page 7
authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes:
Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-497.
146231 - Schmitt/Amos
that "Resolution approving a request by CGA Engineering on behalf of 30 Something Real Estate,
LLC, for the preliminary plat of 10.02 acres for Magnolia Hills to allow for the development of a
twelve (12) lot residential subdivision, located adjacent to and northwest of 1900 Westchester
Road",be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-498.
146232 - Schmitt/Amos
that "Resolution approving an agreement with the Chicago, Central and Pacific Railroad Company
for the reconstruction of the Airport Boulevard at-grade surface crossing, with the City's share of the
cost totaling $28,613, and authorize the Mayor to execute said agreement", be adopted. Roll call
vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-499.
146233 - Schmitt/Amos
that "Resolution approving Contract Modification No. 40 for a net increase of $23,100 in
conjunction with the Highway 63 Downtown Couplet Reconstruction Project",be adopted. Roll call
vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-500.
146234 - Shimp/Schmitt
that "Resolution approving a variance to the requirements of the Subdivision Ordinance in Section
11-3-2(C) preliminary plat approval as it relates to the approval of the preliminary and final plat of
Magnolia Hills Residential Subdivision",be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-501.
146235 - Shimp/Schmitt
that "Resolution approving a request by CGA Engineering on behalf of 30 Something Real Estate,
LLC, for the final plat of 10.02 acres for Magnolia Hills to allow for the development of a 12 Lot
Residential Subdivision located adjacent to and northwest of 1900 Westchester Road", be adopted.
Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-502.
OTHER COUNCIL BUSINESS
1 A/x111 1 A /lam 1 ..
July 2, 2018 Page 8
Kelley Felchle
City Clerk
CITY OF WATERLOO
Council Communication
Proclamation Declaring July 12, 2018, as Big Brothers Big Sisters Day
City Council Meeting:7/9/2018
Prepared: 6/25/2018
REVIEWERS:
Department Reviewer Action Date
Mayor (I..)fficc Westplial, M ichciic Approved 6/25/2018 ... p p o tl 6 AM
t`11erlati Office i p ng))y, 1" a-icy A.pproved '7/2/2018 ... tl 0.29 AM
ATTACHMENTS:
Description Type
Submitted by: Submitted By: Mayor Quentin Hart
Page 15 of 97
CITY OF WATERLOO, IOWA
PROCLAMATION
Big Brothers Big Sisters of Northeast Iowa is celebrating its
55"' Anniversary of serving youth in Waterloo, and it is
appropriate at this time to commend the Big Brothers Big
Sisters of Northeast Iowa on the positive impact it has made in
our community; and
VII EEf tEM, Big Brothers Big Sisters of Northeast Iowa, through the
support of the City of Waterloo and surrounding areas with
the assistance from friends and numerous volunteers, has
vitally enhanced the community by fulfilling its mission over
the past 55 years to provide over 30,000 children facing
adversity with strong and enduring, professionally supported
one-to-one relationships that change their lives for the better,
forever; and
MIEREM, the programs provided are proven to have a direct and
measurable impact on children's lives and to be effective in
combating school violence and discipline problems, substance
abuse, incarceration and truancy; and
INIEEMEM, the City of Waterloo appreciates the contributions of all those
who have served and continue to serve as staff, volunteers,
donors and Big Brothers Big Sisters of Northeast Iowa for
bringing your certified mentoring programs to the City of
Waterloo for all to benefit.
NOVA, IRFAUORE, 1, Quentin Hart,Mayor of the City of Waterloo, Iowa, do
hereby declare, in the City of Waterloo,July 12,2018, as
Bia BRoTmRs me sismRs DAY
IN INIMEW INIEEMOF, I have hereunto set my hand and caused the seal of the
City of Waterloo,Iowa to be affixed this ninth day of July, 2018.
."Am",ow- I
CITY OF WATERLOO
Council Communication
Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as
July 26, 2018 and date of public hearing as July 30, 2018 for the FY 2019 Brock 3rd Addition Sanitary Sewer
Extension, Contract No. 954, and instruct City Clerk to publish notice.
City Council Meeting: 7/9/2018
Prepared: 6/27/2018
REVIEWERS:
Department Reviewer Action Date
p:^nnggp'nceHnng K niasonm, Baan iu e Approved (5/27/2018 2:47 P
1.`Ilcnp
Office 1 pig t.)y, 11tanamcy Approved '//2/2018 ... 10-35 AM
Resolution approving preliminary plans, specifications, form of contract,
SUBJECT: etc., setting date of bid opening as July 26, 2018 and date of public hearing as
July 30, 2018 for the FY 2019 Brock 3rd Addition Sanitary Sewer Extension,
Contract No. 954, and instruct City Clerk to publish notice.
Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer
Summary Statement: Plans prepared by the Wayne Claassen Engineering& Surveying, Inc.
Source of Funds: Martin Road TIF
Page 17 of 97
CITY OF WATERLOO
Council Communication
Request from Marko Dostanic for a waiver for a concrete driveway located at 220 Esther Street and
authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on
an unimproved street.
City Council Meeting: 7/9/2018
Prepared: 7/2/2018
REVIEWERS:
Department Reviewer Action Date
p:^nnggp,neer,nng K niasobm, grraniu e Approved '//2/2018 4.5� PM
�.`Ilcnp Office p pigmy Namy Approved '7/3/2018 .. 10- 8 AM
ATTACHMENTS:
Description Type
DV"V Waiver 220 p ^Hier St Me nio
Request from Marko Dostanic for a waiver for a concrete driveway located
SUBJECT• at 220 Esther Street and authorizing the construction of a concrete driveway
• and placing a driveway or sidewalk on city right-of-way on an unimproved
street.
Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer
Recommend for approval by the City Engineer.
This waiver is needed due to the placement of a driveway or sidewalk on
Recommended Action: City right-of-way on an unimproved street.
I have reviewed this request and recommend its approval subject to the
following provisions.
1.Work to be performed by an approved and bonded contractor.
2.A permit is to be obtained from the office of the City Engineer prior to
construction.
Summary Statement: 3.All work shall be performed under the supervision of the City Engineer and
at no cost to the City of Waterloo.
$7.00 cash for the purpose of recording this waiver and a copy of the legal
description have been provided to the City Clerk's office.
Legal Descriptions: A PART OF THE N 2/3 OF S 1/2 OF SW 1/4 OF NW 1/4 OF SEC 13,
T89, R 13
Page 18 of 97
WAIVER.
W
Date: � � �i, 2,71"k
.� 1 mm,V 113 5'6 ,,�
Honorable Mayor and City Council "
City Fall Q: ..,.
Waterloo lA 50703Ue
.o
Council Persons:
1
i
t d walk specifications for the construction
of areby request a waiver o�the �iveway and sidedriveway or sidewalk located at
µ(concret or asphalt)
(Address) _—
This, waiver is needed because of:
special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick
stamped pattern, paving brick).
elimination of the sidewalk section due to the inability to meet the grade requirements.
elimination of the sidewalk section for asphalt driveways.
placement of a driveway or sidewalk on City right-of-way on an unimproved street.
Other:
I agree to the following:
9, To remove and replace this driveway to an official elevation at no additional expense to the II
City of waterloo at such time that sidewalk is constructed.
2. To remove and replace the private driveway, as needed, to an official elevation at no additional
expense to the City of Waterloo at such time that curb and gutter is constructed.
3. To pay for any additional expenses for the replacement of any such textured driveway or h
sidewalk that has been removed for any City of waterloo project.
4. To employ a bonded contractor who shall obtain a pert-nit from the office of the City Engineer.
5. To have the driveway constructed according to the specifications and policies of the City
Engineer and under his supervision.
6. This waiver is for this property only. f
Attached herewith is a payment in the amount of seven dollar $7..,00) For the purpose of
recording this agreement. �.�
Respectfully submitted,
r na
re of Property Owner
Printed Game of Property Owner S. u...........w�
Page 19 of 97
CITY OF WATERLOO
Council Communication
Request from Iowa Heartland Habitat for Humanity for a waiver for a concrete driveway located at 703 Eureka
Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-
of-way on an unimproved street.
City Council Meeting: 7/9/2018
Prepared: 7/2/2018
REVIEWERS:
Department Reviewer Action Date
p:^nnggp,neer,nng K niasonm, Baan iu e Approved '7/2/2018 4.52 PM
t.`Ilcnp Office pfigby, Nauamcy Approved '7/3/2018 10- 8 /Gly
ATTACHMENTS:
Description Type
DW Waiver "701 Eureka St Me nio
Request from Iowa Heartland Habitat for Humanity for a waiver for a
SUBJECT: concrete driveway located at 703 Eureka Street and authorizing the
construction of a concrete driveway and placing a driveway or sidewalk on
city right-of-way on an unimproved street.
Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer
Recommend for approval by the City Engineer.
This waiver is needed due to the placement of a driveway or sidewalk on
Recommended Action: City right-of-way on an unimproved street.
I have reviewed this request and recommend its approval subject to the
following provisions.
1.Work to be performed by an approved and bonded contractor.
2.A permit is to be obtained from the office of the City Engineer prior to
construction.
Summary Statement: 3.All work shall be performed under the supervision of the City Engineer and
at no cost to the City of Waterloo.
$7.00 cash for the purpose of recording this waiver and a copy of the legal
description have been provided to the City Clerk's office.
Legal Descriptions: LOT 14, IRVING SQUARE ADDITION
Page 20 of 97
WAIVER
Date:
1
1
Honorable Mayor and City Council
City Hall
Waterloo, IA 50703
Council Persons:
hereby q waiver t he driveway and sidewalkspecifications for the construction
a y
of arequest a way tdriveway or sidewalk located at
concrete� r asphalt)
(Address)
This waiver is needed because of:
P�
special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick
stamped pattern, paving brick).
elimination of the sidewalk section due to the inability to meet the grade requirements.
elimination of the sidewalk section for asphalt driveways.
placement of a driveway or sidewalk on City right-of-way on an unimproved street.
Other:
I agree to the following:
1. To remove and replace this driveway to an official elevation at no additional expense to the
City of waterloo at such time that sidewalk is constructed.
2. To remove and replace the private driveway, as needed,to an official elevation at no additional
expense to the City of waterloo at such time that curb and gutter is constructed.
3. To pay for any additional expenses for the replacement of any such textured driveway or
sidewalk that has been removed for any City of waterloo project.
r
4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer.
5. To have the driveway constructed according to the specifications and policies of the City
Engineer and under his supervision.
i
6. This waiver is for this property only. T
Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of
recording this agreement.
Respectfully submitted,
/*
Printed Name of Property O ner Signature of Property Owner
Pa
CITY OF WATERLOO
Council Communication
Motion approving Final Quantity Adjustment for a net decrease of$5,980.80 for the FY 2018 Brock 2nd
Addition Sanitary Sewer Extension, Contract No. 932, and authorize the Mayor and City Clerk to execute said
document.
City Council Meeting: 7/9/2018
Prepared: 7/2/2018
REVIEWERS:
Department Reviewer Action Date
p:^nnggprneer'nnn ; K niasonm, Janine Approved '//2/2018 4-52 P
t.`Ilcnk Office Evenm, p: eA.in Approved '7/3/2018 ... p �-.06 AM
ATTACHMENTS:
Description Type
t'nwrnt 932 Final Qt.y .a'puiist nrernt Me nio
Motion approving Final Quantity AdJustment for a net decrease of$5,980.80
SUBJECT: for the FY 2018 Brock 2nd Addition Sanitary Sewer Extension, Contract
No. 932, and authorize the Mayor and City Clerk to execute said document.
Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer
This is the accumulated amount of adjustments from original to final
quantities that were determined necessary during the construction of the
Summary Statement: project, which results in a decrease to the total project cost.
Source of Funds: Martin Rd TIF
Page 22 of 97
CITY OF WATERLOO, IOWA
FINAL QUANTITY SUMMARY
PROJECT: FY 2018 Brock 2nd Addition Sanitary Sewer Extension CONTRACT NO. 932
Date Prepared: May 18, 2018 AMOUNT: $ 5,980.80 Decrease
TO: Tschig9frie Excavating , Contractor
You are hereby ordered to make the following changes from the plans and specifications or perform
the following extra work on your contract dated August 28, 2017.
A. Description of change to be made or extra work to be done:
Adjust original construction quantities to actual construction quantities.
B. Reason for ordering change or extra work:
As-built quantities varied for some bid items.
C. Settlement for cost of work to be made as follows:
Compensation already made to contractor through original bid items.
See attached summary.
Total Net Decrease $ 5,980.80
CITY OF WATERLOO
BY: TSCHIGGFRIE EXCAVATING
Mayor Date CONTRACTOR
BY:
Date
ATTEST: PRINTED NAME:
City Clerk Date TITLE:
APPROVED: ell
ity Engineer
r mate
Page 23 of 97
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ge 24 of 97
CITY OF WATERLOO
Council Communication
Resolution approving Completion of Project and Recommendation of Acceptance of Work for work
performed by Tschiggfrie Excavating Co. of Dubuque, Iowa, in the amount of$119,456.08, in conjunction
with the FY 2018 Brock 2nd Addition Sanitary Sewer Extension, Contract No. 932, and receive and file the
two (2)year maintenance bond.
City Council Meeting:7/9/2018
Prepared: 7/2/2018
REVIEWERS:
Department Reviewer Action Date
I^na7 ptteen prroq Krattsoni, Jwre Approved '7/2/2018 4:50 PM
t.`Iled(. Offi e Evetm, L-eA.nin Approved '7/3/201(S ... p p-.07 CSM
ATTACHMENTS:
Description Type
Cont 932 Mrd ntertttrnct. plornd Covc.r Memo
Resolution approving Completion of Project and Recommendation of
Acceptance of Work for work performed by Tschiggfrie Excavating Co. of
SUBJECT: Dubuque, Iowa, in the amount of$119,456.08, in conjunction with the FY
2018 Brock 2nd Addition Sanitary Sewer Extension, Contract No. 932, and
receive and file the two (2)year maintenance bond.
Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer
Tschiggfrie Excavating Co. has completed the above referenced project in
accordance with the plans and specifications.
Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that
guarantees to remedy any defects in workmanship or materials that may
develop in said work within a period of two (2)years from the date of the
acceptance of the work under said contract.
Source of Funds: Martin Rd TIF
Page 25 of 97
MAINTENANCE BOND
96nd No. 0565706
KNOW ALL MEN BY THS13.PRE-SRNTS:
That, Tschiggfrie Excavating Co. of Dubuque, Iowa
as Principal,and the International Fidelity Insurance CiN-pany as Surety,
are hold and firmly bound unto City of Waterloo, Iowa in the
penal stem of One Hundred Nineteen Thousand Four Hundred Fifty-six And ($ $119,456.08
Dollars,lawful money of the United States of America,for the payment of which,well and truly to be made,
the Principal and Surety bind themselves,their and each of(heir heirs,executors,administrators,successors
and assigns,jointly And severally,firmly by these presents.
Whereas,the said Principal entered into a certain contract.with
City of Waterloo, Iowa
To furnish all the material and labor necessary for the construction of
F.Y.2018 Brock 2nd Addition Sanitary Sewer Extension,Contract No.932,Waterloo, Iowa
in Waterloo,Iowa Inconformity with Certain specifications;and
Whereas,a fur(ber condition of said contract is that the said Ptincipal should furnish a bond in
indemnity,guaranteeing to remedy any defects in workmanship or materials that may develop in
said work within a period of two(2) years from the date of acceptance of the work
under said contract;and
Whereas,the said International Fidelity Insurance Company for i valuable consideration,
has Agreed tojoin with said Principal in such bond or guarantee,indemnifying said
City of Waterloo, Iowa
Now,therefore,the condition of this obligation is such,that if the said Principal shall,at his own cost
and expenst,remedy anv and all defects that may develop in said work within the period
of two(2) 1 years tom the date of acceptance of the work under said contract,by
reason of bad workmanship or poor material used in the construction of said work,and shall keep all work
in continuous good repair during said period,and shall in all other respects,comply with all the terms and
conditions of said contract with respect to maintenance and repair of said work,then this obligation to be
null and void-,otherwise to be and remain In full force and virtue In law.
In Witness whereof, we have hereunto set otic hands and seals this 23rd
day of May 02018
Tschiggfrie Excavating Co.
BY:
International Fidelity Ins nce
pra Company
Dione R.Young ,/,/Art rney-in-Fact
Page 26 of 97
F
1 of{973524-72f10
"' T , 111
INTERNATIONAL FID
ELIfiY INSURANCE G'fJMPANIC
M
ALLEGHENY CASUALTY COMPANY:
ONE NEWARK CENTER,20TH FLOOR NEWARK; NEW JERSEY 137102-5207
KNOW ALL MEN BY THESE.PRESENTS. That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under
the laws of the State of New Jersey, and,ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of
New Jersey,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint
STACY VENN, CRAIG E. HANSEN GINGER HOKE, DiONE R. YOUNG, JAY D. FREIERMUTH,'
ANNE CROWNER, BRIAN M. DEiMERLY SHIRLEY S BARTENHAGEN, TiM MCCULLOH, CINDY BENNETT,
West Des Moines, IA.
their true and lawful attorneys)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity
and ether writings obligatory in the nature thereof, Which are or may be allowed,required or permitted by lave,statute,rule,re�ggulation,contract or otherwise,
and the execution of such instruments)) in pursuance of these presents,shall be as binding'upon the said INTERNATIONAL`FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUAL"fYCOMPANY, as fully and,amply, to all intents and purposes,as if the same had been duty executed and
acknowledged by their regularly elected officers at their principal offices.
This rower of Attome isexecuted,and may be revoked, pursuant:to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authorityof the foiiowing resolution adopted by the Board of Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY ata meeting duly held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY
CASUALTY COMPANY ata meeting duly held on the 10th day of July,2015:
"RESOLVED that f1)the Chief Executive Officer,President,Executive Vice President,Vice President or Secretary the Corporation shall have the power to
appoint,and(o revolke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney,
and
to execute on behalf of the Corporation and affixthe Corporation's seal thereto,bands,undertakings, recognizances; contracts of indemnity and other
written obligations in the nature thereof or related thereto; and (2)'any such Officers of the Corporation may appoint and revoke the appointments of
joint-control custodians,agents for acceptance of process,and,Attorneys-in-fact with authority to execute waivers antl consents on behalf of the Corporation;
and (3)the signature of any such Officer of the Corporation and the Corporation"s seat may be affixed by facsimile to any power of attorney or certification
given for the execution of an bond;undertakingg recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto,
such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Cor oration as the original signature of such officer
and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF,`INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and
attested these presents on this 31st day of December,2015.
STATE OF NEW JERSEY �opsUAL
gp County of Essex ory
1936 Z
Georg R.James
/ y Executive Vice t?resident(International Fidelity NSW uaR �C
Insurance Companyand Vice President
(Allegheny Casualty ompany)
On this 31st day of December 2016;!before me came the individual who executed the preceding instrument,to me personally known,and,being by me duly
sworn, said he Is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY; that the seals affixed to said instrument are the Corporate Seals'of said Companies;that the said Corporate Seals`and his signature were
duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY'WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark,New Jersey the day and year first above written.
INAOTARY���� � V,
VvEwc
� o i$ ' ' A NOTARY PUBLIC OF NEW JERSEY
y}, is. • Kc My Commission Expires April 16,2019
OF NEW S
CERTIFICATION
1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said
Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof,and of the whole
of the said originals,and that the said Power of Attorney has not been revoked and is now in full farce and effect.
IN .TESTIMONY WHEREOF, I have hereunto set my hand this` 23rd day of May, 2018
.4 .
MAR
11a`BRAN1 0,Assistant Secretary ,
Page 27 of 97
CITY OF WATERLOO
Council Communication
Resolution approving 2017 JAG Grant H2382-IA-DJ for the FY2017 Edward Byrne Memorial Justice
Assistance Grant(JAG)in the amount of$78,918.00, to be used in a joint effort by jurisdictions of the City of
Waterloo, City of Cedar Falls, Black Hawk County Sheriff s Office and the Black Hawk County Attorney's
Office and authorize the Mayor to execute any necessary documents.
City Council Meeting:7/9/2018
Prepared: 6/27/2018
REVIEWERS:
Department Reviewer Action Date
F'ofice Departnnent Kro illi, Frr°mk Approved 6/27/2018 ... -�6 PM
1.`Ilerlc; Optnce Even, L_eA.nm Approved '7/2/2018 ... 10:44 A
ATTACHMENTS:
Description Type
11M] (.iii-ant Coves Memo
Resolution approving 2017 JAG Grant H2382-IA-DJ for the FY2017
Edward Byrne Memorial Justice Assistance Grant(JAG) in the amount of
SUBJECT: 578,918.00, to be used in a joint effort by jurisdictions of the City of
Waterloo, City of Cedar Falls, Black Hawk County Sheriffs Office and the
Black Hawk County Attorney's Office and authorize the Mayor to execute
any necessaiy documents.
Submitted by: Submitted By: Captain Frank Krogh
Request that the City Council pass a resolution authorizing Mayor Hart to
receive the 2017 JAG Grant H2382-IA-DJ for the FY2017 Edward Byrne
Memorial Justice Assistance Grant(JAG) in the amount of$78,918.00, to be
Recommended Action: used in a joint effort by jurisdictions of the City of Waterloo, City of Cedar
Falls, Black Hawk County Sheriff and the Black Hawk County Attorney.
The JAG grant willin part be used to pay salary, benefits, and overtime. The
JAG grant will be utilized from October 1, 2016 to September 30, 2020.
The JAG grant will in part be used to pay salary, benefit and overtime. The
Summary Statement: grant will be utilized from October 1, 2016 to September 30, 2020. Your
approval of this grant will enable the Tri-County Drug Task Force to further
investigate mid and high level narcotics crimes creating a safer community.
Expenditure Required: None
Source of Funds: N/A
Policy Issue: N/A
Alternative: N/A
Page 28 of 97
Background Information: N/A
Legal Descriptions: N/A
Page 29 of 97
„p1,IrNo!�r ry r
U.S.Department of.Instice
r1 Office of Justice Programs
Office of the Assistant Attorney General I'Voshington,U.C. 20.931
June 26,2018
The Honorable Quentin Hart
City of Waterloo
715 Mulberry Street
Waterloo,IA 50703-5783
Dear Mayor Hart:
On behalf of Attorney General Jefferson Sessions 111,it is my pleasure to inform you that the Office of Justice Programs has
approved your application for funding under the FY 17 Edward Byrne Memorial Justice Assistance Grant(JAG)Program-
Local,Solicitation in the amount of$78,918 for City of Waterloo.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim
audit findings,and the maintenance o'fa minimum level of cash-on-hand. Should you not adhere to these requirements,you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award,please contact:
Program Questions,Lesley Walker,Program Manager at(202)307-0863;and
Financial Questions,the Office of the Chief financial Officer,Customer Service Center(CSC)at
(800)458-0786,or you may contact the CSC.at ask.ocfoCa)usdoj.gov.
Congratulations,and we look forward to working with you.
Sincerely,
Alan R.Hanson
Principal.Deputy Assistant Attorney General
Enclosures
Page 30 of 97
OFFICE FOR CIVIL RIGHTS
`ly
t t Office of Justice Programs
U.S.Department of Justice
810 7th Street,NW
Washington,DC.20531
Tel:(202)307-0690
TTY:(202)307-2027
E-mail:askOCR@usdoj.gov
Website:www.ojp.usdoj.gov/ocr
June 26,2018
The Honorable Quentin IJarl
City of Waterloo
715 Mulberry Street
Waterloo,IA 50703-5783
Dear Mayor Hart:
Congratulations on your recent award. In establishing financial assistance programs,Congress linked the receipt of federal funding to
compliance with federal civil rights laws. The Office for Civil Rights(OCR),Office of Justice Programs(OJP),I.I.S.Department of Justice
(DOJ)is responsible for ensuring that recipients of financial assistance from the OJP,the Office of Community Oriented Policing Services
(,COPS),and the Office on.Violence Against Women(OVW)comply with the applicable federal civil rights laws. We at the OCR are
available to help you and your organization meet the civil rights requirements that come with..DOJ funding.
Ensuring Access to Federally Assisted Programs
Federal'laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race,color,national origin,
religion,sex,or disability in funded programs or activities,not only in employment but also in the delivery of services or benefits. A federal
law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits.
In March of 20t3,President Obama signed the'Violence Against Women Reauthorization Act of 2013. The statute amends the Violence
Against Women Act of 1994(VAWA)by including a nondiscrimination grant condition that prohibits discrimination based on actual or
perceived race,color,national origin,religion,sex,disability,sexual orientation,or gender identity. The new nondiscrimination grant
condition applies to certain programs funded after October 1,2013.. The OCR and the OVW have developed answers to some frequently
asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions
are available at littp://ojp.gov/about/ocr/vawafags.htm.
Enforcing Civil Rights Laws
All recipients of federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the member of
employees in the workforce,are subject to prohibitions against unlawful discrimination. Accordingly,the OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. In addition,based on regulatory criteria,the OCR selects a
number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices meet equal opportunity standards.
Page 31 of 97
Providing Services to Limited English Proficiency(LEP)Individuals
In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C.§2000d,recipients of federal financial
assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English
Proficiency(LEP). See U.S.Department of Justice,Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition
Against National Origin Discrimination Affecting Limited English Proficient Persons,67 Fed,Reg.41,455(2002). For more information
on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please see the website
http://ww-w,lep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The DOJ regulation,Equal Treatment for Faith-Based Organizations,28 C.F.R.pt.38,requires State Administering Agencies(SAAB)to
treat faith-based organizations the same as any other applicant or recipient. The regulation prohibits SAAB from making awards or grant
administration decisions on the basis of an organization's religious character or affiliation,religious name,or the religious composition of its
board of directors.
The regulation also prohibits faith-based organizations from using financial assistance from the DOJ to fund inherently(or explicitly)
religious activities. While faith-based organizations can engage in non-funded inherently religious activities,they must hold them
separately from the program funded by the DOJ,and recipients cannot compel beneficiaries to participate in them. The Equal Treatment
Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the
provision of services on the basis of a beneficiary's religion, For more information on the regulation,please see the OCR's website at
http://www.ojp,usdo j.govlabout/ocr/equal_fbo,htm,
SAAB and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,as
amended,42 U.S.C.§3789d(c);the Victims of Crime Act of 1984,as amended,42 U.S.C.§ 10604(e);the Juvenile Justice and Delinquency
Prevention Act of 1974,as amended,42 U,S.C.§5672(b);and VAWA,Pub.L.No, 113-4,sec.3(b)(4),127 Stat,54,61-62(to be codified
at 42 U.S.C.§ 13925(b)(i3))contain prohibitions against discrimination on the basis of religion in employment. Despite these
nondiscrimination provisions,the DOJ has concluded that it may construe the Religious Freedom Restoration Act(RFRA)on a case-by-
case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff,even if the
statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions,
Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit
discrimination in employment,
Using Arrest and Conviction Records in Malting Employment Decisions
The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions, See
Advisory for Recipients of Financial Assistance from the U.S,Department of Justice on the U.S.Equal Employment Opportunity
Commission's Enforcement Guidance:Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the
Civil Rights Act of 1964(June 2013),available at http://www.ojp.usdoj.gov//about/=/pdfs/UseofConviction_Advisory.pdf. Recipients
should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or
promotion may have a disparate impact based on race or national origin,resulting in unlawful employment discrimination. In light of the
Advisory,recipients should consult local counsel in reviewing their employment practices. If warranted,recipients should also incorporate
an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans(EEOPs)(see below).
Complying with the Safe Streets Act
An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act,must meet two
obligations:(1)complying with the federal regulation pertaining to the development of an EEOP(see 28 C.F.R.pt.42,subpt.E)and(2)
submitting to the OCR findings of discrimination(see 28 C.F.R.§§42.204(c),.205(c)(5)).
Page 32 of 97
Meeting the EEOP Requirement
If your organization has less than fifty employees or receives an award of less than$25,000 or is a nonprofit organization,a medical
institution,an educational institution,or an Indian tribe,then it is exempt from the EEOP requirement, To claim the exemption,your
organization must complete and submit Section A of the Certification Form,which is available online at
http://www.ojp,usdoj.gov/about/ocr/pdfs/cert.pdf.
If your organization is a government agency or private business and receives an award of$25,000 or more,but less than$500,000,and has
fifty or more employces(counting both full-and part-time employees but excluding political appointees),then it has to prepare a
Utilization Report(formerly called an EEOP Short Form),but it does not have to submit the report to the OCR for review. Instead,your
organization has to maintain the Utilization Report on file and make it available for review on request, In addition,your organization has to
complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at
http://www.ojp.usdoj.gov/at)out/ocr/pdfs/cert.pdf.
If your organization is a government agency or private business and has received an award for$500,000 or more and has fifty or more
employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare a Utilization Report
(formerly called an ESOP Short Form)and submit it to the OCR for review within sixty days from the date of this letter. For assistance in
developing a Utilization Report,please consult the OCR's website at httP�I/www.oJp,usdoJ. ov/about/ocr/eeo ,htm. In addition,your
organization has to complete Section C of the Certification Form and return it to the OCR, The Certification Form is available at
http://www.ojp.usdoj.gov/about/ocrlpdfs/cert.pdf.
To comply with the EEOP requirements,you may request technical assistance from an EEOP specialist at the OCR by telephone at(202)
307-0690,by TTY at(202)307-2027,or by e-mail at EEOsubmisson@usdoj.gov.
Meeting the Requirement to Submit Findings of Discrimination
If in the three years prior to the date of the grant award,your organization has received an adverse finding of discrimination based on race,
color,national origin,religion,or sex,after a due-process hearing,from a state or federal court or from a state or federal administrative
agency,your organization must send a copy of the finding to the OCR.
Ensuring the Compliance of Subrecipients
SAAs must have standard assurances to notify subrecipients of their civil rights obligations,written procedures to address discrimination
complaints filed against sabrecipients,methods to monitor subrecipients'compliance with civil rights requirements,and a program to train
subrecipients on applicable civil rights laws. In addition,SAAB must submit to the OCR every three years written Methods of
Administration(MOA)that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of
subrecipients. For more information on the MOA requirement,see http://www.ojp,usdoj,govlfunding/other_requiremerits,htm,
If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial
assistance,please contact us.
Sincerely,
Michael L.Alston
Director
cc: Grant Manager
Financial Analyst
Page 33 of 97
U.S.Department of Justice
t Office of Justice Programs
y PAGE I OF 21
Bureau of Justice Assistance Grant
I.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2017-DJ-BX-0994
City of Waterloo
715 Mulberry Street 5.PROJECT PERIOD:FROM 10/01/2016 TO 09/30/2020
Waterloo,IA 50703-5783
BUDGETPERIOD:FROM 10/01/2016 TD 09/30/2020
6.AWARD DATE 06/26/2018 7.ACTION
------ _.. . __....__ .......
2a.GRANTEE IRSNENDOR NO, 8.SUPPLEMENT NUMBER Initial
426005329 00
2b.GRANTEE DUNS NO. -------------------------------..-------------------- ---._......
075841684 9.PREVIOUS AWARD AMOUNT $0
...._................ ..... _....._.._..._-- —
3.PROJECT ITFLE 10.AMOUNT OF THIS AWARD $78,918
Iowa Bryne-Justice Assistance Grant
I L TOTAL A WARP) $78,918
__.,.. ._...........
12.SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13.STATUTORY AUTHORITY FOR GRANT
This project is supported under FYI7(BJA-JAG State and JAG Local)Title 1 of Pub.L.No.90-351('generally codified at 42 U.S.C.3711-3797tf=5),
including subpart I olpart E(codified at 42 U.S.C.3750-3758);see also 28 U.S.C.530C(a).
14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number)
16.738-Edward Byrne Memorial Justice Assistance Grant Program
15.METHOD OF PAYMENT
CPRS
_------------------------------------ __.... .._ .. _. _,......._
.� AGENCY APPROVAL.. ®— GRANTEE ACCEPTANCE _--
16.TYPED NAME AND TITLE OF APPROVING OFFICIAL I8.TYPED NAME AND TITLE.OF AUTHORIZED GRANTEE OFFICIAL
Alan R.Hanson Quentin Hart
Principal Deputy Assistant Attorney General Mayor
----------
17.
-----17.SIGNATURE OF APPROVING OFFICIAL. 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE
AGENCY USE ONLY
20.ACCOUNTING CLASSIFICATION CODES 21. SDJUGT142I
FISCAL. FUND BUD, DIV.
YEAR CODE ACT. DEC. REG, SUB, PDMS AMOUNT
x B DJ 80 00 00 78918
OJP FORM 400012(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2(REV.4-88)
Page 34 of 97
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
.ti
`tom �j Bureau of Justice Assistance SHEET PAGE 2 OF 21
Grant
PROJECT NUMBER 2017-DJ-HX-0994 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
1. Requirements of the award;remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any certifications or assurances
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
Failure to comply with any one or more of these award requirements--whether a condition set out in full below,a
condition'incorporated by reference below,or a certification or assurance related to conduct during the award period--
may result in the Office of Justice Programs("OJP")taking appropriate action with respect to the recipient and the
award. Among other things,the OJP may withhold award funds,disallow costs,or suspend or terminate the award.
The Department of'Justice("DOJ"),including OJP,also may take other legal action as appropriate.
Any materially false,fictitious,or fraudulent statement to the federal government related to this award(or concealment
or omission of a material fact)may the subject of criminal prosecution('including under 18 U.S.C. 1001 and/or 1621,
and/or 42 U.S.C.3795a),and also may lead to imposition of civil penalties and administrative remedies for false claims
or otherwise(including under 31 U.S.C.3729-3730 and 3801-381.2).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be
held,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this
award.
2. Applicability of Part 200 Uniforn Requirements
The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted
and supplemented by DOJ in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this FY
2017. award from OJP.
The Part 2.00 Uniform Requirements were first adopted by DOJ on.December 26,2014.. If this FY 2017 award
supplements fiords previously awarded by OJP under the same award number(e.g.,funds awarded during or before
December 201.4),the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that
are obligated on or after the acceptance date of this FY 2017 award.
For more information and resources on the Part 200 Uniforn Requirements as they relate to OJP awards and subawards
("subgrants"),see the OJP website at httpsa/ojp.gov/feuding/Part200UniformRequirements.htm.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the
recipient is to contact OJP promptly for clarification.
3. Compliance with DOJ Grants Financial Guide
The recipient agrees to comply with the DOJ Grants Financial Guide as posted on the OJP website(currently,the"2015
DOJ Grants Financial Guide"available at littps:Hojp.gov/financialguide/DOJ/i,ridex.litin),including any updated version
that may be posted during the period of performance.
OJP FORM 4000/2(REV.4-88)
Page 35 of 97
U.S.Department of Justice
°pb Office of Justice Programs AWARD CONTINUATION
J " Bureau of Justice Assistance SHEET PAGL a OF 21
Grant
PROJ'1 CT NUMBER 2017-BJ-BX-0994 AWARD DATE 06/26/2018
SPEC121 L CONDITIONS
4. Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully
completed an"OJP financial management and grant administration training"by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1,2015,will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or
FPOC must have successfully completed an"OJP'financial management and grant administration training"by 120
calendar days after--('l)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new
POC),or(2)the date the POC enters infonnation on the new FPOC in GMS(in the ease of a new FPOC). Successful
completion of such a training on or after January 1,2015,will satisfy this condition.
A list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for
purposes of this condition is available at https://www.ojp.gov/trainiiig/frnts.litm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold("freeze")award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
5. Requirements related to"de minimis"indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the"de minimis"
indirect cost rate described in 2 C.F.R.200.414(t),and that elects to use the"de nrinimis"indirect cost rate,must advise
OJP in writing of both its eligibility and its election,andmust comply with all associated requirements in the Part 200
Uniform Requirements. The"de minimis"rate may be applied only to modified total direct costs(MTDC)as defined
by the Part 200 Uniform Requirements.
G. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds,or if the recipient receives any other award of federal
funds during the period of performance for this award,the recipient promptly must determine whether funds from any
of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the
identical cost items for which funds are provided under this award. If so,the recipient must promptly notify the DOJ
awarding agency(OJP or OVW,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ
awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to
eliminate any inappropriate duplication of funding.
OJP FORM 4000/2(REV.4-88)
Page 36 of 97
r " � U.S.DepartmentofJustice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET Pace 4 of 21
Grant
PROJECTNUMBER 2017-DJ-BX-0994 AWARD DATE 06126/2018
SPECIAL,CONDITIONS
7. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management(SAM),
currently accessible at https://www.sam.gov/. This'includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of infonnaation in SAM.
The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipients
('first-tier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the
recipient)the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https://gjp.gov/funding/Explore/SAM.htin(Award condition: System for Award Management(SAM)and Universal
Identifier Requirements),and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to
any business or non-profit organization that lie or she may own or operate in his or her name).
8. All subawards("subgrants")must have specific federal authorization
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that--for purposes of federal grants
administrative requirements--OJP considers a"subaward"(and therefore does not consider a procurement.
"contract").
The details ofthe requirement for authorization of any subaward are posted on the OJP web site at.
https://ojp.gov/funding/Explore/SLibawardAutlio'rization.litin(Award condition: All subawards("subgrants")must have
specific federal authorization),and are incorporated by reference here,.
q. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed$1.50,000
The recipient,and any subrecipient("sUibgrarttee")at any tier,must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold(currently,$150,000). This condition applies to agreements that--for purposes of
federal grants administrative requirements--OJP considers a procurement"contract"(and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at'littps://ojp.gov/funding/Explore/Nmicompe6tiveProcurement.htm
(Award condition. Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed S 1.50,000)),and are incorporated by reference here.
CUP FORM 4000/2(REV.4-88)
Page 37 of 97
U.S.Department of Justice
"a
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance 5II.E:CT pact: s OF zr
�a Grant
PROJECT NUMBER 2017-DJ-HX-0994 AWARD DATE 06/26/2019
SPECIAL CONDITIONS
10. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and
OJP authority to terminate award)
The recipient,and any subrecipient("subgrantec")at any tier,must comply with all applicable requirements(including
requirements to report allegations)pertaining to,prohibited conduct related to the trafficking of persons,whether on the
part of recipients,subrecipients("subgrantees"),or individuals defined(for,purposes of this condition)as"employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-l'rafficking,htin(Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OJP
authority to terminate award)),and are"incorporated by reference here.
11. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and
other events
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations,
policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where
applicable)governing the use of federal funds for expenses related to conferences(as that tern is defined by DOJ),
including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences.
Informatrion on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide(currently,as section 3.10 of"'Postaward Requirements"in the"2015 DOJ Grants Financial
Guide").
12. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the perforrtance and effectiveness of work under this award.
The data must be provided to OJP in the manner(including within the timeframes)specified by OJP in the program
solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act(GPRA)and the OPRA Modernization.Act of 2010,and other applicable laws.
13. OJP Training Guiding Principles
Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or
delivers with OJP award finds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://ojp.gov/funding/ojptrainitigguidingprinciples.htm.
14. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency(OJP or OVW,as appropriate)may withhold
award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements(or by the teens of this award),or other outstanding issues that arise in connection with audits,
investigations,or reviews of DOJ awards.
15. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OV W,as appropriate)during the period of performance for this award,if the recipient is designated as'"high-
risk"for purposes of the DOJ high-risk grantee list.
OJP FORM 4000/2(REV.4-58)
Page 38 of 97
„ U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 6 OF 21
L Grant
PROJECT NUMBER 2017-DJ-BX-0994 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
16. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an
equal employment opportunity program.
17. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 54
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs."
18. Compliance with.DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 38
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of'28
C.F.R.Part 38,specifically including any applicable requirements regarding written notice to program beneficiaries and
prospective program beneficiaries. Part 38 of 28 C.F.R.,a DOJ regulation,was amended effective May 4,2016.
Among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the basis of
religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient("subgrantee")organizations that
engage in or conduct explicitly religious activities,as well as rules andrequirements that pertain to recipients and
subrecipients that are faith-based or religious organizations.
The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is
available via the Electronic Code of Federal Regulations(currently accessible at https://www.ecfr.gov/cgi-
bin/EGFR?page—browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,under e-CFR"current"
data.
19. Restrictions on"lobbying"
In general,as a matter of federal law,federal funds awarded by OJP may not be used by the recipient,or any
subrecipient("subgrantee')at any tier,either directly or indirectly,to support or oppose the enactment,repeal„
modification,or adoption of any law,regulation,or policy,at any level of government. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient,or any
subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of
Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or
cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending,
or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply,including an exception that;
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient(or subrecipient)would or might
fall within the scope of these prohibitions,the recipient is to contact OJP for guidance,and may not proceed without the
express prior written approval of OJP.
(BJP FORM 4000/2(REV.4-88)
Page 39 of 97
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
t Bureau of Justice Assistance SHEET
PAGE 7 OF at
i
" Grant
--------------
PROJECTNUMBER 2017-DJ-BX-0994 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
20. Compliance with general appropriations-law restrictions on the use of federal fiends(FY 2017)
The recipient,and any subrecipient('subgrantee")at any tier,must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes. Pertinent restrictions,including from various"general
provisions"in the Consolidated Appropriations Act,2017,are set out at
https://ojp,gov/funding/Explore/FYI7AppropriationsRestrictions.htm,and are incorporated by reference here,
Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might
fall within the scope of an appropriations-law restriction,the recipient is to contact OJP for guidance,and may not
proceed without the express prior written approval,of OJP.
21. Reporting potential fraud,waste,and abuse,and similar misconduct
The recipient,and any subrecipients("subgrantees")at any tier,must promptly refer to the DOJ Office of the Inspector
General(OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other
person has,in connection with funds tender this award--(1)submitted a claim that violates the False Claims Act;or(2)
committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar
misconduct.
Potential;fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the
OIG by--(1)mail directed to:Office of the Inspector General,U.S.Department of Justice,Investigations Division,
950 Pennsylvania Avenue,N.W.Room 4706,Washington,DC.20530;(2)e-mail to:oig.hotline@usdoj.gov;and/or(3)
the DOJ OIG hotline:(contact information in English and Spanish)at(800)869-4499(phone)or(202)616-9E81
(fax).
Additional information is available from the DOJ OIG website at https://www.usdoj.gov/oig.
ON FORM 4000/2(REV.4-88)
Page 40 of 97
U.S.Department of Justice
' Office of Justice Frogralns AWARD CONTINUATION
" h Bureau of Justice Assistance SHEET PAGE 8 OF21
Grant
..............._.�....- ......_..........._.............a..........____....... ......................m.._....,_......,...
PROJECT NUMBER 2017-FJJ-SX-0994 AWARD DATE 06/26/2018
SPECIAL CONDI'T'IONS
22. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient("subgrantec")under this award,or entity that receives a procurement contract or
subcontract with any funds under this award,may require any employee or contractor to sign an internal con'fidential'ity
agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in
accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended,and shall not be understood by the agency making this award,to contravene
requirements applicable to Standard Form 312(which relates to classified infonnation),Forrr14414(which relates to
sensitive compartmented information),or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
L In accepting this award,the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements frolm employees
or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or
contractors from reporting waste,fraud,or abuse as described above;and
b. certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or staterients that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,
or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt
written notification to the federal agency making this award,and will resume(or permit resumption of)such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized Linder this award to make subawards("subgrants"),procurement contracts,or
both--
a. it represents that--
(I) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,
fraud,or abuse as described above;and
(2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and
b. it certifies that,if it learns or is notified that any subrecipiem,contractor,or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will.
immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to
the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly
authorized to do so by that agency.
OJP FORM 4000/2(REV.4-88)
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U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PACE 9 OF 21
Grant
PROJECT NUMBER 2017DI-BX-0994 AWARD DATE 06/20/2018
SPECIAL CONDITIONS
23. Compliance with 41 U.S.0".4712(including prohibitions on reprisal;notice to employees)
The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of 41
U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an
employee as reprisal for the employee's disclosure ofinfonnation related to gross mismanagement of federal grant,a
gross waste of federal funds,an abuse of authority relating to a federal grant,a substantial and specific danger to public
health or safety,or a violation of law,rule,or regulation related to a federal grant.
The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of
employee rights and remedies under 41 U.S.C.4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to
contact the DOJ awarding agency(OJP or OVW,as appropriate)for guidance.
24. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order'1351.3,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg.
51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease
crashes caused by distracted drivers.
25. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines,protocols,and
procedures,and to cooperate with OJP(including the grant manager for this award and the Office of Chief Financial
Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and/or site visits. The
recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks,including
documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards,including,but not limited to:withholdings and/or other
restrictions on the recipient's access to award funds;referral to the DOJ OIG for audit review;designation of the
recipient as a DOJ High Risk grantee;or termination of an award(s).
26. FFATA reporting: Subawards and executive compensation.
The recipient must comply with applicable requirements to report first-tier subawards("subgrants")of$25,000 or
more and,in certain circumstances,to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients(first-tier"subgrantees")of award funds. The details of recipient
obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted
on the OJP web site at https://ojp.gov/funding/Explore/F'FATA.htm(Award condition:Reporting Subawards and
Executive Compensation),and are incorporated by reference here.
This condition,including its reporting requirement,does not apply to--(1)an award of less than$25,000,or(2)an
aware]made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit
organization that he or she may own or operate in his or her nanrre).
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SPECIAL,CONDITIONS
27. Use of program income
Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report,SF 425.
28. Justice Information Sharing
In order to promote information sharing and enable interoperability among disparate systems across the justice and
public safety community,the recipient(and any subrecipient at any tier) must comply with DOYs Global Justice
Information Sharing Initiative(DOD's Global)guidelines and recommendations for this particular award.The recipient
shall conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at:
littps://it.ojp.gov/gsp_graritcondition.The recipient shall document planned approaches to information sharing and
describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed
justification for why an alternative approach is recommended.
29. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement infonnation
sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent
possible,existing networks as the communication backbone to achieve interstate connectivity,unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
30. Compliance with 28 C,F,R.Part 23
With respect to any information technology system funded or supported by finds under this award,the recipient(arid
any subrecipient at any tier)must Comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if
OJP determines this regulation to be applicable.Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at
its discretion,perform audits of the system,as per the regulation.Should any violation of 28 C.F.R.,Part 23 occur,the
recipient may be fined as per 42 U.S.C.3789g(c)-(d). The recipient may not:satisfy such a fine with federal funds.
31. Protection of human research subjects
The recipient(and any subrecipient at any tier)must comply with the requirements of 28 C.F.R.Part 46 and all OJP
policies and procedures regarding the protection of human research subjects,including obtainment of Institutional
Review Board approval,if appropriate,and subject informed consent.
32. Confidentiality of data.
The recipient(and any subrecipient at any tier)must comply with all confidentiality requirements of 42 U.S.C.3789g
and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.The recipient further
agrees,as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of 28
C.F.R.Part 22 and,in particular,28 C.F.R.22.23.
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SPECIAL CONDITIONS
33. Verification and updating of recipient contact information
The recipient must verify its Point of Contact(;PCIC),Financial Point of Contact(F'POC;,),and Authorized
Representative contact,information in GMS,including telephone number and e-mail address. If any information is
incorrect or has changed,a Grant AdjustmentNotice(GAN)must be subm'itt'ed via the Grants Management System
(GMS)to document changes.
34. Law enforcement task forces-required training
Within 120 days of award acceptance,each current member of a law enforcement task'force'funded with award funds
who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank,
must complete required online(intemet-based)task force training.Additionally,all future task force members must
complete this training once during the period of performance for this award,or once every four years if multiple OJP
awards include this requirement.
The required training is available free of charge online through the MA-funded Center for Task Force Integrity and
Leadership(www.ctfli.org).The training addresses task force effectiveness,as well as other key issues including
privacy and civil liberties/rights„task force performance measurement,personnel selection,and task force oversight and
accountability.If award funds are used to support a task force,the recipient must compile and maintain a task force
personnel roster,along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force
Integrity and Leadership(www.ctfli.org).
35. Required attendance at BJA-sponsored events
The recipient(and its subrecipients at any tier,)must participate in BJA-sponsored training events,technical assistance
events,or conferences held by BJA or its designees,upon BJA's request.
36. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
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SPECIAL COND17YONS
37. Compliance with National Environmental Policy Act and related statutes
Upon request,the recipient(and any subrecipient at any tier)must assist.BJA in complying with the National
Environmental Policy Act(NEPA),the National Historic Preservation Act„and other related federal environmental
impact analyses requirements in the use of these award funds,either directly by the recipient or by a subrecipient.
Accordingly,the recipient agrees to first determine if any of the following activities will be funded by the grant,prior
to obligating funds for any of these,purposes.If itis determined that any of the following activities will be funded by
the award,the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out'below,whether or not they are being
specifically funded with these award funds.That is,as long as the activity is being conducted by the recipient,a
subrecipient,or any third party,and the activity needs to be undertaken in order to use these award funds,this condition
must first be met.The activities covered by this condition are:
a.New construction;
b.Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including
properties located within a I 00-year flood plain,a wetland,or habitat for endangered species,or a property listed on or
eligible for listing on the National Register of Historic Places;
c.A renovation,'lease,or any proposed use of a building or'facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;
d,Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an
incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or
education environments;and
e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the
identification„seizure,or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement,as directed by BJA.The recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan,as detailed at'ltttps:Hbja.gov/FLinding/trepa.litml,for
programs relating to a ttethamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipients'existing programs or activities that will be funded by these award funds„the recipient,upon specific
request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
38. Establishment of trust fund
If award'funds are being drawn down in advance,the recipient(or a subrecipient,with respect to a subaward)is
required to establish a trust fund account.(The trust fund may or may not be an interest-bearing account.)The field,
including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the
Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the award
funds in the trust fund(including any interest earned)during the period of performance for the award and expend
within 90 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to OJP at
the time of closeout.
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a Grant
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SPECIAL CONDITIONS
39. Prohibition on use of award funds for match tinder BVP program
JAG funds may be used to purchase vests for an agency,but they may not be used as the 50%match for purposes of the
DOJ Bulletproof Vest Partnership(BVP)prograrn.
40. Certification of body armor"mandatory wear"policies
The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased
with funds from this award have a written"mandatory wear"policy in effect.The recipient must keep signed
certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-
resistant body armor purchases.This policy must be in place for at least all uniformed officers before any fimds from
this award may be used by an agency for body armor,There are no requirements regarding the nature of the policy
other than it be a mandatory wear policy for all uniformed officers while on duty.
41. Body annoy-compliance with NIJ standards
Ballistic-resistant and stab-resistant body annor purchased with.JAG award funds may be purchased at any threat
level,make or model,from any distributor or manufacturer,as long as the body armor has been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body
Armor Model List(littps://nij.gov/).In addition,ballistic-resistant and stab-resistant body armor purchased must be
American-made.The'latest NIJ standard information can be found here:https://nij.gov/topics/technology/body-
arrnor/pages/safety-in itiative.aspx.
42. Required monitoring of subawards
The recipient must monitor subawards under this JAG award in accordance with all applicable statutes,regulations,
award conditions,and the DOJ Grants Financial Guide,and must include the applicable conditions of this award in any
subaward.Among other things,the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients.The recipient agrees to submit,upon
request,documentation of its policies and procedures for monitoring of subawards under this award.
43. Reporting requirements
The recipient must submit quarterly Federal.Financial Reports(SF-425)and semi-annual performance reports through
OJ�P's GMS(https://grants.ojp.usdoj,gov).Consistent with the Department's responsibilities under the Government
Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,the recipient must provide data that
measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's
Performance Measurement Tool(PMT)website(www.bjaperformancetools.org).For more detailed information on
reporting and other JAG requirements,refer to the JAG reporting requirements webpage.Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and fixture High Risk designation.
44. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly
accountability metrics data related to training that officers have received on the use of force,racial and ethnic bias,de-
escalation of conflict,and constructive engagement with the public.
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SPECIAL CONDITIONS
45. Prohibited Expenditures List
Award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or
acquisition,including as the list may be amended from time to time.The Prohibited Expenditure List may be accessed
here:https://www.bja.gov/funding/JAGControlledPurcliaseList.pdf
46. Controlled expenditures-prior written approval required
Award finds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or
acquisition,including as the list may be amended from time to time,without explicit written prior approval from BJA.
The Controlled Expenditure List,and instructions on how to request approval for purchase or acquisitions are set out at
https://ww-w.bja.gov/fttiiditig/JAGContTolledPiirchaseList.pdf
47. Controlled expenditures-incident reporting
If an agency uses award funds to purchase or acquire any itern on the Controlled Expenditure List at the time of
purchase or acquisition,including as the list may be amended from time to time,the agency must collect and retain(for
at least 3 years)certain information about the use of=-('l)any federally-acquired Controlled Equipment in the
agency's inventory,and(2)any other controlled equipment in the same category as the federally-acquired controlled
equipment in the agency's inventory,regardless of source;and the agency must make that information available to BJA
upon request.Details about what information must be collected and retained are set out at https://ojp.gov/does/LE-
Equipiiient-WG-Fitial-Report.pdf.
48. Sale of items on.Controlled Expenditure List
Notwithstanding the provision of the Part 200 Uniform Requirements set out at 2 C.F.R.200.313,no equipment listed
on the Controlled Expenditure List that is purchased with award funds may be transferred or sold to a third party,
except as described below:
a. Agencies may transfer or sell any controlled equipment,except riot helmets and riot shields,to a Law Enforcement
Agency(LEA)after obtaining prior written approval from BJA.As a condition of that approval,the acquiring LEA will
be required to submit information and certifications to BJA as if it were requesting approval to use award fiends for the
initial purchase of items on the Controlled Expenditure List.
b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award.
c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs,with the
exception of fixed wing aircraft,rotary wing aircraft,and command and control vehicles.Before any such transfer or
sale is finalized,the agency must obtain prior written approval from BJA.All law enforcement-related and other
sensitive or potentially dangerous components,and all law enforcement insignias and identifying markings must be
removed prior to transfer or sale.
The recipient must notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased with
award funds,and must abide by any applicable laws(including regulations)in such disposal.
49. Prohibited or controlled expenditures-Effect of failure to comply
Failure to comply with an award condition related to prohibited or controlled expenditures may result in denial of any
further approvals of controlled expenditures under this or other federal awards.
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SPECIAL CONDITIONS
50. Controlled expenditures-Standards
Consistent with recommendation 2.'I of Executive Order 13688,a law enforcement agency that acquires controlled
equipment with award funds must adopt robust and specific written policies and protocols governing General Policing
Standards and Specific Controlled Equipment Standards.General Policing Standards includes policies on(a)
Community Policing;(b)Constitutional Policing;and(c)Community Input and hmpact Considerations.Specific
Controlled Equipment Standards includes policies specifically related to(a)Appropriate Use of Controlled Equipment;
(b)Supervision of Use;(c)Effectiveness Evaluation;(d)Auditing and Accountability;and(e)Transparency and Notice
Considerations.Upon OJP's request,the recipient must provide a copy of the General Policing Standards and Specific
Controlled Equipment Standards,and any related policies and protocols.
51. Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1,2016
The recipient may obligate(federal)award funds only after the recipient makes a valid acceptance of the award. As of
the first day of the period of performance for the award(October 1,201.6),however,the recipient may choose to incur
project costs using non-federal finds,but any such project costs are incurred at the recipient's risk until,at a
minimum--(l)the recipient makes a valid acceptance of the award,and(2)all applicable withholding conditions are
removed by OJP(via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that
precludes the recipient from obligating,expending,or drawing down all or a portion of the award funds until the
condition is removed.)
Except to the extent(if any)that an award condition expressly precludes reimbursement of project costs incurred"at-
risk,"if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding
condition through a Grant Adjustment Notice,the recipient is authorized to obligate(federal)award finds to reimburse
itself for project costs incurred"at-risk"earlier during the period of"performance(such as project costs incurred prior to
award acceptance or prior to removal of an applicable withholding condition),provided that those project costs
otherwise are allowable costs under the award.
Nothing in this condition shall be understood to authorize the recipient(or any subrecipient at any tier)to use award
funds to"supplant"State or local funds in violation ofthe recipient's certification(executed by the chief executive of
the State or local government)that federal funds will be used to increase the amounts of such finds that would,in the
absence of federal finds,be evade available for law enforcement activities.
52. "Certification of Compliance with S U.S.C. 1373"required for valid award acceptance by a unit of local government
In order validly to accept this award,the applicant local government must submit the required"Certification of
Compliance with 8 U.S.C. 1373"(executed by the chief legal officer of the local government). Unless that executed
certification either--(1)is submitted to OR together with the fully-executed award document,or(2)is uploaded in
OJP's GMS no later than the day the signed award document is submitted to OJP,any submission by a unit of local
government that purports to accept the award is invalid.
If an initial award-acceptance submission by the recipient is invalid,once the unit of local government does submit the
necessary certification regarding 9 U.S.C..1373,it may submit a fillly-executed award document executed by the unit
of local government on or after the date of that certification.
For purposes ofthis condition,"local government"does not include any Indian tribes.
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SPECIAL COND17YONS
53. Ongoing compliance with 8 U.S.C. 1373 is required
1.With respect to the"program or activity"funded in whole or part under this award(including any such"program or
activity"of any subrecipient at any tier),throughout the period of performance for the award,.no State or local
government entity,-agency,or-official may prohibit or in any way restrict--(1)any government entity or-official.
from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a);or
(2)a government entity or-agency from sending,requesting or receiving,maintaining,or exchanging information
regarding immigration status as described in 8 U.S,C, 1373(b). For purposes of this award,any prohibition(or
restriction)that violates this condition is an"information-communication restriction."
2.Certifications from subrecipients. The recipient may not make a subaward to a State or local government or a
"public"institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C. 1373,properly
executed by the chief Legal officer of the jurisdiction or institution that would receive the subaward,using the
appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications-8USC1373,htm. Similarly,the
recipient must require that no subrecipient(at any tier)may make a further subaward to a State or local government or a.
"public"institution of higher education,unless it firstobtains a certification of compliance with 8 U.S.C. 1373,properly
executed by the chief legal officer of the jurisdiction or institution that would receive the further subaward,using the
appropriate OJP form.
3.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
4.Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the
extent that such costs are not reimbursed under any other federal program,award funds may be obligated(including for
authorized reimbursements)for the reasonable,necessary,and allocable costs(if any)that the recipient,or any
subrecipient at any tier that is a State or local government or a"public"institution of higher education,mems to
implement this condition.
5.Rules of Construction.
A.For purposes of this condition:
(1)"State"and"local government"include any agency or other entity thereof,but not any institution of higher
education or any Indian tribe.
(2)A"public"institution of higher education is one that is owned,controlled,or directly funded by a State or local.
government.
(3)"Program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.2000d-4a).
(4)"Immigration status"means what it means for purposes of 8 U.S.C. '1373(Illegal Immigration Reform and
Immigrant Responsibility Act of 1996);and teras that are defined in 8 U.S.C. 1101 (Immigration and Nationality Act)
mean what they mean tinder that section 1101,except that the term"State"also shall include American Samoa(cf.42
U.S.C.901(a)(2)).
(5)Pursuant to the provisions set out at(or referenced in)8 U.S.C..1551 note("Abolition..,and Transfer of
Functions"),references to the"Immigration and Naturalization Service"in 8 U,S.C. 1373 are to be read as references to
particular components of the Department of Homeland Security(IDIIS).
D.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,any"public"institution of higher education,or any other entity(or individual)to violate any
federal law,including any applicable civil rights or nondiscrimination law.
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SPECIAL CONDITIONS
IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP,before
award acceptance.
54. Authority to obligate award funds contingent on compliance with 8 U.S.C. '1.373;unallowa'b'le costs;obligation to notify
1. If the recipient is a State or local government—
A. The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the
recipient(or of any subrecipient at any tier that is a either a State or unit of local government or a"public"institution of
higher education)that is funded in whole or in part with award fonds is subject to any"infonriation-communication
restriction."
B. In addition,with respect to any project costs it incurs"at risk,"the recipient may not obligate award funds to
reimburse itself if--at the time it incurs such costs--the"program or activity"of the recipient(or of any
subrecipient at any tier that is a either a State or unit of local government or a"public"institution of higher education)
that would be reimbursed in whole or in part with award funds was subject to any"information-communication
restriction."
C. Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation
by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and all subrecipients
(regardless of tier)are in compliance with 8 U.S.C. 1373.
D. The recipient must promptly notify OJP(in writing)if the recipient,from its requisite monitoring of compliance
with award conditions or otherwise,has credible evidence that indicates that the funded"program or activity"of the
recipient,or of any subrecipient at any tier that is either a State or a local government or a"public"institution of higher
education,may be subject to any"information-communication restriction."In addition,any subaward(at any tier)to a
subrecipient that is either a State or a'local government or a"Public"institution of Higher education must require
prompt notification to the entity that made the subaward,should the subrecipient such credible evidence regarding an
"information-communication restriction,"
2. Any subaward(at any tier)to a subrecipient that is either a State or a local government or a"public"institution of
higher education must provide that the subrecipient may not obligate award funds if,at the time of the obligation,the
"program or activity"of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in
part with award fiends is subject to any"information-carnmunication restriction."
3. Absent an express written detenninatiort by DOJ to the contrary,based upon a finding by DOJ of compelling
circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award
funds that,tinder this condition,may not be made shall be unallowable costs for purposes of this award. In making any
such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the award condition entitled"Ongoing
compliance with 8 U.S.C- 1373 is required,"
4, Rules of Construction
A. For purposes of this condition"infonnation-cornniunication restriction"has the meaning set out in the award
condition entitled"Ongoing compliance with 8 U.S,C. 1373 is required."
B. Both the"Rules of Construction"and the"Important Note"set out in the award condition entitled"Ongoing
compliance with 8 U.S.C. '1373 is required"are incorporated by reference as though set forth here in fall.
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SPE'C'IAL CONDITIONS
55. Required State-level rules or practices related to aliens;allowable costs
The following provisions apply to the recipient of this award,if the recipient is a State government,and also apply to
any State-government subrecipient at any tier(whether or not the recipient is a State government).
1.Requirements
With respect to the"program or activity"that is funded(in whole or in part)by this award,as of the date the recipient
accepts this award,and throughout the remainder of the period of performance for the award--
A.A State statute,or a State rule,-regulation,-policy,or-practice,must be in place that is designed to ensure that
agents of the United States acting under color of federal law in fact are given to access any State(or State-contracted)
correctional facility for the purpose ofpermitting such agents to meet with individuals who are(or are believed by such
agents to be)aliens and to inquire as to such individuals`right to be or remain in the United States,
B.A State statute,or a State rule,-regulation,-policy,or-practice,must be in place that is designed to ensure that,
when a State(or State-contracted)correctional facility receives'from DHS a formal written request authorized by the
Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien
in such facility,then such facility will honor such request and--as early as practicable(see para.4.13,of this
condition)--provide the requested notice to DHS.
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this
condition.
3.Allowable costs
Compliance with these requirements is an authorized and priority purpose of this award.To the extent that such costs
are not reimbursed under any other federal program,award funds may be obligated(including for authorized
reimbursements)for the reasonable,necessary,and allocable costs(if any)of--(1)developing and putting into place
statutes,rules,regulations,policies,and practices to satisfy this condition,and(2)permitting access as described in.
para. I.A.above,and(3)honoring any request from DHS that is encompassed by para. 1.,13.above.
4.Rules of construction
A.For purposes of this condition--
(1)the term"alien"paeans what it means under section 1011 of the Immigration and Nationality Act(see 8 U.S.C.
1101(a)(3)).
(2)the tern"correctional facility"means what it means under the"Title I of the Omnibus Crime Control and Safe
Streets Act of 1968. (see 42 U.S.C.3791(a)(7)).
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,or any other entity or individual to maintain(or detain)any individual in custody beyond the
date and time tine individual would have been released in the absence of this condition.
Current DHS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least 48
hours,if possible)."(See DHS Form 1-247A(3/17)).In the event that(e.g.,in light of the date DI3S made such request)
the scheduled release date and time for an alien are such as not to pennit the advance notice that DHS has requested,it
shall not be a violation of this condition to provide only as much advance notice as practicable.
OJP FORM 4000/2(REV.4-88)
Page 51 of 97
---------- -—----------------- ................
A, U.S,Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PACE 19 OF 21
Grant
-—--------------- ---------------------
PROJECT NUMBER 2017-DJ-BX-0994 AWARD DATE 06/26/2018
----------------------
SPECIAL CONDITIONS
NOTE:Current D14S practice is to use one frinn(DHS Form 1-247A(3117))for two distinct purposes--to request
advance notice of scheduled release,and to request that an individual be detained for tip to 48 hours AFTER the
scheduled release.This condition imposes NO requirements,as to such MIS requests for detention.
C.Both the"Rules of Construction"and the"Important Note"set out in the award condition entitled"Ongoing
compliance with 8 U.S.C. 1373 is required"are incorporated by reference as though set forth here in full.
56. Required local-government-level rules or practices related to aliens;allowable costs
The following provisions apply to the recipient of this award,if the recipient is a unit of local government,and also
apply to any local-government subrecipient of this award at any tier(whether or not the recipient itself is a unit of local
government).
1. Requirements
With respect to the"program or activity"that is funded(in whole or in part)by this award,as of the date the recipient
accepts this award,and throughout the remainder of the period of performance for the award--
A. A local ordinance,-rule,-regulation,-policy,or-practice(or an applicable State statute,-rule,-regulation,-
policy,or-practice)must be in place that is designed to ensure that agents of the United States acting under color of
federal law in fact are given access a local-government(or local-government-contracted)correctional facility for the
purpose of permitting Such agents to meet with individuals who are(or are believed by such agents to be)aliens and to
inquire as to such individuals'right to be or remain in the United States.
B. A local ordinance,-rule,-regulation,-policy,or-practice(or an applicable State statute,-rule,-regulation,-
policy,or-practice)must be in place that is designed to ensure that,when a local-government(or local-government-
contracted)correctional facility receives from DHS a formal written request authorized by the Immigration and
Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility,
then Such facility will honor such request and--as early as practicable(see"Rules of Construction"incorporated by
para.4.13.of this condition)--provide the requested notice to DFIS.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this
condition.
3. Allowable costs
Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs
are not reimbursed tinder any other federal program,award funds may be obligated(including for authorized
reimbursements)for the reasonable,necessary,and allocable costs(if any)of--(1)developing and putting into place
statutes,ordinances,rules,regulations,policies,and practices to satisfy this condition,(2)permitting access as
described in para. I.A.above,and(3)honoring any request from DHS that is encompassed by para. I.B.above,
4. Rules of construction
A. The"Rules of Construction"and the"Important Note"set Out in the award condition entitled"Ongoing compliance
with 8 U.S.C. 1373 is required"are incorporated by reference as though set forth here in full.
B. The"Rules of Construction"set out in the award condition entitled"Required State-level rules or practices related
to aliens;allowable costs"are incorporated by reference as though set forth here in full,
O1P FORM 4000/2(REV.4-88)
Page 52 of 97
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 20 OF 21
` Grant
- ... ,.....- _ __._.... _...._...._... . .....
PROJECFNUMBER 2017-DJ-BX-0994 AWARD DATE 06/2&2019
SPECIAL,COND177ONS
57. Use of funds for DNA testing;upload of DNA profiles
If award funds are used for DNA testing of evidentiary materials,any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System("CODIS,"the DNA database operated by the FBI)by a government DNA.
laboratory with access to CODIS.
No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without
prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may
be accepted for entry into CODIS.
58. Encouragement of submission of"success stories"
BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success
story,sign in to a My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form.If
the recipient does not yet have a My BJA account,please register at https://www.bja.gov/profile.aspx.Once registered„
one of the available areas on the My BJA page will be"My Success Stories."Within this box,there is an option to add
a Success Story.Once reviewed and approved by BJA,all success stories will appear on the BJA Success Story web
page at https://www.bja.gov/SuccessStoryList.aspx.
59. Requirement to disclose whether recipient is designated"high risk"by a'federal grant-making,agency outside ofDOJ
Ifthe recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time
during the course of the period of performance under this award,the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure,high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance,or other programmatic or financial concerns with the recipient.The recipient's disclosure must include
the following: 1.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient
was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and
email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency.
60. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1,2017,various statutory provisions previously codified elsewhere in the U.S.Code were editorially
reclassified to a new Title 34,entitled"Crime Control and Law Enforcement." The reclassification encompassed a
number of statutory provisions pertinent to OJI'awards(that is,OJI'grants and cooperative agreements),'including
many provisions previously codified in Title 42 of the U.S.Code.
Effective as of September 1,2017,any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S.Code is to be read as a reference to that statutory provision as reclassified to
Title 34. This rule of construction specifically includes references set out in award conditions,references set out in
material incorporated by reference through award conditions,and references set out in other award requirements.
61. Withholding of funds:Required certification from the chief executive of the applicant government
The recipient may not obligate,expend,or draw down any award funds until the recipient submits the required
"Certifications and Assurances by the Chief Executive of the Applicant Government,"properly-executed(as
determined by OJP),and a Grant Adjustment Notice(GAN)has been issued to remove this condition.
ON FORM 4000/2(REV.4-88)
Page 53 of 97
U.S.Department ofJustice
Office of Justice Programs AWARD CONTINUATION
„1 Bureau of Justice Assistance SHEET MAGE 21 OF 20
Grant
PROJECT NUMBER 2017-DJ-BX-0994 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
62. Withholding of funds: Budget narrative
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the budget narrative for the award,and a Grant Adjustment Notice(GAN)has been issued to remove this
condition.
63. Withholding of runds: Program narrative
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the program narrative for this award,and a Grant Adjustment Notice(GAN')has been issued to remove
this condition.
64. Withholding of funds: Project abstract
The recipient may not obligate,expend,or draw down any award bands until the recipient submits,and OJP reviews
and accepts,the project abstract,and a Grant Adjustment Notice(GAN)has been issued to remove this condition.
OJP FORM 400012(REV.4-88)
Page 54 of 97
U.S.Department of Justice
� f
A
Office of Justice Programs
F
Bureau ol',Justice.Assislonce
Washington,D.C. 20331
Memorandum To: Official Grant File
From: Orbin Terry,NEPA Coordinator
Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of
Waterloo
The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system,some of
which could have environmental impacts. All recipients of JAG handing must assist BJA in complying with NEPA.
and other related federal enviromnental impact analyses requirements in the use of grant funds,whether the funds
are used directly by the grantee or by a subgrantee or third party. Accordingly,prior to obligating funds for any of
the specified activities, the grantee must first determine if any of the specified activities will be funded by the
grant.
The specified activities requiting environmental analysis are:
a.New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100-year flood plain, a wetland,or habitat for endangered species,or a
property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation,lease, or any proposed use of a building or facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as
an incidental component of a funded activity and(b)traditionally used,for example,in office,household,
recreational,or education environments;and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations,including the
identification,seizure,or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental
Impact Statement,as directed by BJA. Further,for programs relating to methamplictamine laboratory operations,
the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan
requirements,please see https://www.bja.gov/'Ftinding/nepa.htrnl.
Please be sure to carefully review the grant conditions on your award document,as it may contain more specific
information about environmental compliance.
Page 55 of 97
U.S.Department Of Justice GRANT MANAGER'S MEMORANDUM, PT.1:
Office of Justice Programs
PROJECTSUMMARY
. v Bureau of Justice Assistance
Grant
PROJECT NUMBER
PAGE I OF 1
2017-D.l-BX-0994
This project is supported under FYI7(BJA-JAG State and JAG Local)Title I of Pub.L.No.90-351(generally codified at 42 U S.G 3711-3797ff-5),including
subpart l of part E(codified at 42 U.S.C.3750-375$');see also 28 U.S.C.530C(a).
I.STAFF CONTACT(Name&,telephone number) 2.PROJECT DIRECTOR.("Name,address&telephone number)
Lesley Walker Jason Feaker
(202)307-0863 Lieutenant
715 Mulberry Street
Waterloo,[A 50703-5783
(319)291-4364
3a,TITLE OF THE PROGRAM 3b.PDMS CODE(SEE INSTRUCTIONS
BJA FY 17 Edward Syme Memorial Justice Assistance Grant(JAG)Program-Local Solicitation ON REVERSE)
4,TITLE OF PROJECT
Iowa Bryne-Justice Assistance Grant
5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE
City of Waterloo
715 Mulberry Street
Waterloo,IA 50703-5783
.......... _ _ _.........._,
7.PROGRAM PERIOD 8.BUDGE F PERIOD
FROM: 10/01/2016 TO: 09/30/2020 FROM: 10/0V2016 TO: 09/30/2020
--------------
9.AMOUNT OF AWARD 10.DATE OF AWARD
$78,918 06/26/201.8
....._. _,_,-...... _...
11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT
--- - ------_._ --
13.THIRD YEAR'S BUDGET PERIOD 1.4.THIRD YEAR'S BUDGET AMOUNT
15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse)
The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and units of local government,including tribes,to support a broad range of
criminal justice related activities based on their own state and local needs and conditions.Grant funds can be used for state and local initiatives,technical assistance,
training,personnel,equipment,supplies,contractual support,and information systems for criminal justice,including for any one or more ofthe following purpose
areas:1)law enforcement programs;2)prosecution and court programs;3)prevention and education programs;4)corrections and community corrections programs;
5)drug treatment and enforcement programs;6)planning,evaluation,and technology improvement programs;7)crime victim and witness programs(other than
compensation);and 8)mental health programs and related law enforcement and corrections programs,including behavioral programs and crisis intervention teams,
This Local JAG award will be shared by the County and oneor more jurisdictions identified as disparate within the current Fiscal Year eligibility list
(www.bja.gov/Jag),JAG finding will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above.Any
OJP FORM 4000/2(REV.4-88)
Page 56 of 97
equipment purchases or funded initiatives such as overtime,task forces,drug programs,information sharing,etc.will be aimed at reducing crime and/or enhancing
public/officer safety.
NCA/NCF
i
Page 57 of 97
CITY OF WATERLOO
Council Communication
Resolution accepting the award of grant of not to exceed $37,500 from the National Parks Service for project
costs related to a civil rights study, nomination, design and installation of signage, and authorize the Mayor and
City Clerk to execute said documents.
City Council Meeting: 7/9/2018
Prepared: 7/2/2018
REVIEWERS:
Department Reviewer Action Date
1°p:a::rn'rng& Zonm i g Schroeder,Aric Approved '7/2/2018 ... 3.04 PM
1.`Ilcmk Office Evenm, 1: eA. nin Approved '7/3/2018 .. 1 p-.08 AM
ATTACHMENTS:
Description Type
1.:aran t 1 Me nio
Resolution accepting the award of grant of not to exceed $37,500 from the
SUBJECT: National Parks Service for project costs related to a civil rights study,
nomination, design and installation of signage, and authorize the Mayor and
City Clerk to execute said documents.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
The City of Waterloo Historic Preservation Commission was awarded a
grant from the National Park Service for:
• Research and survey the historic areas adjacent to the Smokey Row
neighborhood, as well as sites outside of the Smokey Row section
specifically for their African American Civil Rights associations.
• Nominate at least one(1) site and/or amend existing historic district
nominations to the National Register of Historic Places. The nomination will
meet all requirements as stated in National Register Bulletin 16A: How to
Complete the National Register Form. Such sites will be associated with
African-American Civil Rights and the prepared historic context. Selected
sites will comply with the National Historic Landmark theme study, Civil
Rights in America, and the National Register of Historic Places, Criteria for
Summary Statement: Evaluation.
• Design and fabricate historic panels to identify historic African-American
Civil Rights sites identified.
• Contractual services to produce nomination, signage and brochure
• Conceptual design
• Graphic design
• Construction/structural design
Page 58 of 97
• Content must meet NPS Exhibit Planning, Design, and Fabrication
Standards
• Lead consultant must meet the Secretary of the Interior's Professional
Qualifications for Historian or Architectural Historian.
The grant requires no local monetary match.
Expenditure Required: $37,500
Source of Funds: National Park Service Civil Rights Grant Funding.
Policy Issue: Historic Preservation
Page 59 of 97
Puge I ot'2
CHOOSE ONE:
Grant and Cooperative r LJ COOPERATIVE
AGREEMENT
F71 GRANT
CHOOSE ONE: EDUCATUON FACILITIES RESEARCH SDCR ❑ TRAINING
I.GRANT/COOPERATIVE AGREEMENT NUMBER 2.SUPPLEMENT NUMBER (1,=,,EFFEC'rIVE DATE 4 COMPLETION DATE
I ��/ 0
05/01/2018
P18AF:100164 I 1 0 4/3 0 0 2
5.ISSUED TO 6.ISSUED BY State, 1'zib�ai, Local Plans & Grant's
WATENAMFJRADDRESS OF Y RECIPIENT(No.,Street,City/County,State,Z�p) Mailing Address: 1.840 C Srreet, NW Mail�. Stop '7360
LOO, C-TOE
Attn: ATTN GOVERNLMENT FOC Nacional Pztrk Scrvice
725 XU1,BERRY ST Washington DC20240
WAT'ERILOC !A 'DO7C;)3-5714
9.PRINCIPAL MVESTIGATOR/ORGANIZATION'S PROJECT OR
7 TAXPAYER IDENTIFICATION NO.(TUN) PROGRAM MGR (Name&Phone)
PLANNER, 1, CITY OF' W1",TERT,00
8,COMMERCIAL&GOVERNMENT ENTITY(CAGE)NO, 3 19-2 91--4 3 6 6
39ZKO
10 RESEARCH,PROJECT OR PROGRAM TITLE
2017 HPF' AACR -- CITY 017 WATERLOO
11.PURPOSE
NE'RICAN AMERTC2\1CIVIL RIGH'I'S GRAN","S
12,PERIOD OF PERFORMANCE(Approximately)
04/01/2018 thi:ough 04/30/2020
13A, AWARD HISTORY 138. FUNDING HISTORY
PREVIOUS $().00 PREVIOUS SOM0
THIS ACTION $37,500.00 THISACTION $37,SOOA
CASH SHARE $37,500.00 TOTAL $37. OO.00
NON-CASH SHARE $0.00
RECIPIENT SHARE $0.00
TOTAL $37,500.00
14.ACCOUNTING AND APPROPRIATION DATA
01
:1URCHASE REQUEST NO JOB ORDER NO AMOUNT STATUS
0020150240
15. POINTS OF CONTACT
NAME MAIL STOP TELEPHONE E-MAIL ADDRESS
TECHNICAL OFFICER
,NEGOTIATOR
ADMINISTRATOR
,PAYMENTS
16,THIS AWARD IS MADE UNDER THE AUTHORITY OF:
17,APPLICABLE STATEMENT(S),IF CHECKED'. 18.APPLICABLE ENCLOSURE(S),OF CHECKED:
NO CHANGE IS MADE TO EXISTING PROVISIONS PROVISIONS � SPECIAL CONDITIONS
FDP TERMS AND CONDITIONS AND THE AGENCY-SPECIFIC REQUIRED POB UCATIONS AND REPORTS
REQUIREMENTS APPLY TO THIS GRANT
UNITED STATES OF AMERICA COOPERATIVE AGREEMENT RECIPIENT
CO NTRACT9 NG/G RANT OFFICER DATE AUTHORIZED REPRESENTATIVE
Megan Brown 77
Page 60 of 97
Page 2 of 2
Grant and Cooperative Agreement
ESTIMATED COST
11 EM NO ITEM OR SERVICE(IncWe SpecrVicalions and Special tnstructions) QUANTITY UNIT MT FIMCE AMOUNT
(pig (C) (D)
CFDA Number15,904
DUNS Numl,: r: 0'75841684
201-; H11F AACR - CITY OF WATERLOO
GP,ANT SPECIALIST, TEN WELLOCK
Delivery: 041301202C)
L)e ivery Location Code: 0009060778
National Fazk Servi(.,e
.1849 C' Street NW
asll�ingtrxn DC20240 US
Account Assignin: K (3/L Account- 6100.41LGO
Business Area: POOO Comrvdt?nerit, heti: 411GOO Cost
Center: PIPWOCR(.3PIA Functional Are,,i:
1TGIGCGCHP.GRCi000 Fund: 1.78P5140HP Fund C'enter
PPW0CPGRIA Project,/WBS: PX.(,,AACRL78'7.00..1 PR Acct
Assign: 01.
Period of Per to rma rice: 04/01./2018 to 04/;30/2020
000",.(1 HPIF 1Vk(,",F(- CITY OF WAI'ERLOO HIST 37, 500.()O
Ohl Lga Led Amount: $37,50f0.00
The Logia]. amount of awai:d: $37,5,')0.00. The
obligation for this awar,rd is $37,500.00,
Page 61 of 97
CITY OF WATERLOO
Council Communication
Resolution approving a Professional Services Agreement between the City of Waterloo and SPARK
Consulting of Cedar Rapids, Iowa, for an architectural and historical survey of the Smokey Row
neighborhood in the amount of$24,425, and authorize the Mayor and City Clerk to execute said documents.
City Council Meeting: 7/9/2018
Prepared: 6/5/2018
REVIEWERS:
Department Reviewer Action Date
1°naaaarn'rng& Zonm ing Schroeder, Axie Approved (5/6/2018 0-: 4 AM.
1-111 (. Office Evenm, 1: eA. nin Approved 6/6/2018 .. 1 �-.04 AM
ATTACHMENTS:
Description Type
Ccwrituact. Spark Me nio
Resolution approving a Professional Services Agreement between the City
of Waterloo and SPARK Consulting of Cedar Rapids, Iowa, for an
SUBJECT: architectural and historical survey of the Smokey Row neighborhood in the
amount of$24,425; and authorize the Mayor and City Clerk to execute said
documents.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
The City of Waterloo was awarded a Certified Local Government Grant
Summary Statement: from the State Historic Preservation Office to do a historic survey of the
Smokey Row neighborhood.
Expenditure Required: $24,425
Source of Funds: Certified Local Government Grant and Bond
Policy Issue: Economic Development and Historic Preservation
Page 62 of 97
A CONTRACT FOR CONSULTING SERVICES FOR A HISTORICAL AND
ARCHITECTURAL SURVEY OF THE "SMOKEY ROW"NEIGHBORHOOOD IN
WATERLOO,BLACK HAWK COUNTY,IOWA
This agreement, entered into this day of May 2018, by and between the Historic Preservation
Commission, City of Waterloo, Iowa, hereinafter referred to as the COMMISSION and Rebecca
Lawin McCarley,d.b.a. SPARK Consulting,hereinafter referred to as CONTRACTOR;witnesseth:
In order to complete the historical and architectural survey project for the "Smokey Row"
neighborhood in Waterloo, as outlined within the scope of the Certified Local Government (CLG)
grant and the proposal submitted in April 2018, the COMMISSION and the CONTRACTOR for
considerations and other conditions below,agree as follows:
1. The CONTRACTOR agrees to assist the COMMISSION in the historical and architectural
Survey project for the "Smokey Row" neighborhood in Waterloo, Iowa, as follows. Specific duties
of the CONTRACTOR include:
A. Organizing and coordinating project activities, including work related to research and
preparation of Iowa Site Inventory forms, research for historic context and significance of
the neighborhood, and preparation of a survey report.
B. Preparing the project research design, as well as conducting an initial project meeting via
telephone with SHPO, as requested.
C. Training and supervising the volunteers on research techniques required to collect historic
information on each building within the survey boundary and prepare draft Iowa Site
Inventory forms. Three public/training meetings are included in this contract and are
anticipated to be held in June 2018,August 2018,and October 2018. The CONTRACTOR
will periodically review the work product produced by the volunteers to determine its
quality, answering questions and providing additional information as needed.
D. Review/editing of research information (historic and architectural)documented on Iowa Site
Inventory fon-ns submitted electronically to the CONTRACTOR and completion of the
evaluation of resources for National Register of Historic Places eligibility and remaining
sections on the forms (site inventory forms likely initially reviewed as submitted in fall
2018, withfinal forms likely completed in winter/spring 2019). A site inventory form
will be prepared for every property built by 1975 in the project area.
E. Utilizing research information on individual buildings collected by the COMMISSION and
completing further research on the history of the neighborhood and the associated historic
contexts for the neighborhood.
F. Development of a survey report, including project description, historic context,registration
requirements,survey results,and recommendations.
G. Generation of appropriate mapping for the survey report,with base mapping and property
information provided by the COMMISSION.
H. Submittal of two copies of the draft survey report to the COMMISSION and one copy to the
State Historic Preservation Office(SHPO)for their review and comment,along with 5-10
sample site inventory forms(anticipated by February 28,2019).
I. Revision of the draft report based on comments by the COMMISSION and SHPO.
R.M. client I of 4
Page 63 of 97
J. Presenting at a public informational meeting held in May 2019 by the CONTRACTOR
and COMMISSION to present the results and recommendations from the project.
K. Submittal of the final products of the project to the COMMISSION and to SHPO (by June
30, 2019). The final products for the survey project will include six copies of the final
survey report, two sets of Iowa Site Inventory forms, and three CDs including these
documents in pdf form and the digital photographs taken for the project.
L. Throughout the project,the consultant will ensure that all work will conform to the
Secretary of the Interior's Standards for Identification and Evaluation.
2. The COMMISSION agrees to perform other miscellaneous duties to complete the survey project.
Specific responsibilities include:
A. Recruiting an appropriate number of volunteers to assist with the project.
B. Conducting necessary research on individual buildings, following procedures outlined by
CONTRACTOR in the training session. Additional research may need to be conducted on
individual buildings after the CONTRACTOR reviews the initial information. Information
to be collected includes, but is not limited to, property owner info, city directory info, census
info, other biographical information on property owners and residents, historic map and
photograph information,any building permit information,and dates of remodeling.
C. Completing all the necessary research on individual buildings in a timely fashion to meet the
timeline outlined in this contract. Research on individual buildings by the Volunteers and
COMMISSION is anticipated to be completed by October 2018 with draft site inventory
forms submitted to the consultant in November and December 2018. Research will be
submitted to the CONTRACTOR on draft Iowa Site Inventory forms that include historic
and architectural information.
D. Completing digital photography as required for the project and per training by the
CONTRACTOR. Digital photographs are anticipated to be completed between November
15, 2018 and January 15,2018.
E. Assisting as needed in broader research on the history of neighborhoods in Waterloo and
identifying historic maps and images.
F. Coordinating with the CONTRACTOR to supply available city/county base mapping for use
in generating mapping for the survey report (such as an aerial photograph with parcel
boundary and/or building footprint overlays). Assisting the CONTRACTOR with other
mapping as needed.
G. Reviewing and commenting on the draft survey report in a timely manner to meet the overall
timeline of the project.
H. Coordinating public and training meetings with the CONTRACTOR.
I. Serving as the primary source of answers to questions by local property owners and media
regarding the survey project;providing any desired public education beyond the public
volunteer meetings attended by the consultant.
J. Fulfilling all responsibilities required of the COMMISSION / grant recipient, as required by
the Certified Local Government(CLG)grant.
R.M. client 2 of 4
Page 64 of 97
3. The COMMISSION will pay the CONTRACTOR in the amount of$24,425 for services and
expense reimbursement under this contract. The billing for this contract shall be as follows:
A. The CONTRACTOR will be paid at a rate of$70.00 per hour for time spent on work
under this contract(estimated 340 hours).
B. The CONTRACTOR will be paid for standard expenses necessary to complete the duties
and responsibilities of the contract, such as automobile mileage at a rate of$.39 (thirty-nine
cents) per mile. Per diem (meals and lodging)will be paid at the rate of up to $100 per
day, if incurred.
C. Photocopying will be reimbursed at actual rates, typically $.10 (ten cents) or$.25 (twenty-
five cents)per page.
D. Printing expenses will be reimbursed at the rate of$.10 (ten cents)per page for black and
white pages and $.25 (twenty-five cents) per page for color pages (on regular paper).
E. Other expenses will be reimbursed as actual costs.
F. Hours and expenses will be billed on an invoice at a quarterly or other logical cycle.
G. The remaining contract amount will be billed at the completion of the project.
4. The terms of this agreement shall begin upon the execution of this contract by the COMMISSION
and shall terminate on June 30,2019, or sooner if the project components have been completed.
5. The COMMISSION may terminate this agreement at any time by giving notice by certified mail to
the CONTRACTOR at 1630 Park Ave SE, Cedar Rapids, Iowa, 52403. In that event, equitable
adjustment shall be made for all work completed prior to termination. The adjustment beyond the last
pay period shall be based upon the number of hours as certified by the CONTRACTOR times the
hourly rate of$70,plus expenses of$.39 per mile,up to$100 per day for meals and lodging, and direct
expenses at the actual rate.
6. The CONTRACTOR may terminate this agreement by giving a 7-day notice by certified mail to
the COMMISSION.In that event, equitable adjustment shall be made for all work completed prior to
termination. The adjustment beyond the last pay period shall be based on the number of hours
worked as certified by the CONTRACTOR times the hourly rate of$70, plus expenses of$.39 per
mile, up to$100 per day for meals and lodging,and direct expenses at the actual rate.
7. Reproduction and use of the reports and documentation produced from this agreement shall be
at the discretion of the COMMISSION.
8. The CONTRACTOR'S obligation and duties under this Contract shall not be assigned without
the permission of the COMMISSION.
9. In performing the functions set forth in this agreement, it is understood and agreed that the
CONTRACTOR is an independent CONTRACTOR and that all work performed hereunder shall
be conducted in a professional and satisfactory manner. Furthermore, the CONTRACTOR shall
hold harmless the COMMISSION for any injury or damage caused by the acts or omissions of
the CONTRACTOR on employees or agents and the CONTRACTOR agrees to indemnify the
COMMISSION for any such injury or damages.
R.M. client 3 of 4
Page 65 of 97
10. This certification is required by Section 1352, Title 31, U.S. Code. The sub-grantee certifies,
to the best of his or her knowledge and belief that:
(1)No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, any officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan or cooperative
agreement, the undersigned shall complete and submit Standard Form 1963 "Disclosure
Form to Report Lobbying," in accordance with instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and
contracts Linder grants, loans, and cooperative agreements) and that all sub- recipients
shall certify accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
IN WITNESS, WHEREOF THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT TO
BE EXECUTED UPON THE DATES SIGNED BELOW.
Signed by CONTRACTOR:
Rebecca Lawin McCarley Date
d.b.a. SPARK Consulting
Cedar Rapids, Iowa
Signed by authorized representative of COMMISSION:
signature Date
City of Waterloo, Iowa
--------------------- --------------------------
printed name title
4 of 4
Page 66 of 97
CITY OF WATERLOO
Council Communication
Resolution approving a two year lease agreement with 3 Little Lambs (John Brundrett to maintain and manage
0.79 of land generally located at the northwest corner of Black Hawk Street and 18th Street for$1.00 per year
with development rights to site when ready, and authorize Mayor and City Clerk to execute said document.
City Council Meeting: 7/9/2018
Prepared: 7/3/2018
REVIEWERS:
Department Reviewer Action Date
1°n:a::rn'nng& Zonm img A.rndersoi, Noes pproved '7/3/2018 -30 AM
1.`I1em1( Office Eveni, 1: eA.in Approved '7/3/2018 ... 11:33 AM
ATTACHMENTS:
Description Type
1.,ease; (.,over. Me nio
Resolution approving a two year lease agreement with 3 Little Lambs (John
Brundrett to maintain and manage 0.79 of land generally located at the
SUBJECT: northwest corner of Black Hawk Street and 18th Street for$1.00 per year
with development rights to site when ready, and authorize Mayor and City
Clerk to execute said document.
Submitted by: Submitted By:Noel Anderson, Community Planning& Development
Director
Recommended Action: Approve the lease agreement
The City is working with Jonny B for many infill commercial buildings in this
area. This site is currently encumbered with some liens, which the City is
Summary Statement: hoping to get released so e can continue infill development in this area.
Jonny B has offered this lease to secure the site for infill development of a
new building, while maintaining the property for mowing, etc. to free the City
costs associated with it in that interim period.
Expenditure Required: NA
Source of Funds: NA
Policy Issue: Infill Development
Alternative: Not approve- City continues to mow and maintain
See summary- also, Jonny B has built two new commercial buildings in
Background Information: close proximity to this site, which has helped to create new vitality and tax
base in this redevelopment area.
Page 67 of 97
Legal Descriptions: See attached
Page 68 of 97
BUSINESS PROPERTY LEASE
This Business Property Lease (the "Lease") is made and entered into as of 2018, by and
between the City of Waterloo, Iowa, an Iowa municipal corporation ("Landlord"), whose address for the purpose of
this Lease is 715 Mulberry Street,Waterloo, Iowa,50703,and 3 Little Lambs, LLC("Tenant"),whose address for the
purposes of this Lease is P.O. Box 655, Waterloo, Iowa, 50704.
1. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements
and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and
Tenant hereby rents and leases from Landlord,according to the terms and provisions herein,the following described
real estate, situated in Black Hawk County, Iowa, to wit:
Tax parcel no. 8913-25-453-005, in Waterloo, Iowa, as legally described on Exhibit"A",
with the improvements thereon and all rights, easements, and appurtenances thereto belonging, for a term
commencing upon the date hereof and continuing until and including December 31,2020, upon the condition that the
Tenant pays rent therefor, and otherwise performs as provided in this Lease.
2. RENTAL. Tenant agrees to pay to Landlord as rental for said term,as follows:$1.00, in advance,due upon
signing of this Lease.
3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease and shall
yield possession to the Landlord at the time and date of the close of this Lease term, except as herein otherwise
expressly provided.
4. USE OF PREMISES. Tenant covenants and agrees during the term of this Lease to use and to occupy the
leased premises only for lawful purposes in its current condition.
5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is fee simple and that the Tenant
on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in
this Lease,shall and may peaceably have, hold and enjoy the demised premises for the term of this Lease free from
molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever, except as
otherwise provided herein.
6. CARE AND MAINTENANCE OF PREMISES. Tenant takes said premises in their present condition.
Landlord shall have no duty whatsoever to care for or maintain the premises or any part thereof. Tenant will make no
unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, municipal
ordinances, the laws of the State of Iowa and the federal government, but this provision shall not be construed as
creating any duty by Tenant to members of the general public. Tenant will not allow trash of any kind to accumulate
on said premises, and it will remove same from the premises at its own expense. Tenant shall, after taking
possession of said premises and until the termination of this Lease and the actual removal from the premises, at its
own expense, care for and maintain the premises in a reasonably safe and serviceable condition consistent with its
own needs and pursuant to applicable law,ordinance or regulation. Tenant shall make no structural improvements
without the Landlord's prior written approval of the plans and specifications therefor. Tenant shall be responsible for
all necessary upkeep of lawns and grounds to keep the premises well-maintained. Tenant shall be responsible to
clear ice and snow from all sidewalks on or abutting the premises.
7. FACILITY SERVICES. Tenant, during the term of this Lease, shall pay before delinquency all charges for
use of telephone,water,sewer,gas,electricity, power,garbage or trash disposal,and all other utilities or services of
whatever kind and nature which may be used in or upon the leased premises.
8. END OF TERM. This Lease shall terminate upon expiration of the original term in accordance with Section
1. Tenant agrees that upon the termination of this Lease it will surrender,yield up and deliver the leased premises as
required by Sections 3 and 4. Tenant shall not continue to occupy the premises beyond the Lease term without the
express prior written consent of Landlord.
1
Page 69 of 97
9. ASSIGNMENT AND SUBLETTING. Tenant may assign this Lease or sublet the premises or any part
thereof without the prior written consent of Landlord, but in any such instance shall provide written notice of such
assignment or sublease to Landlord.
10. PROPERTY TAXES. The Property is currently tax exempt. Tenant shall be responsible to pay before
delinquency any general property taxes that may be assessed against the Property during the Term hereof.
11. INSURANCE. (a)Tenant agrees that it will at its own expense procure and maintain commercial general
liability insurance in the amount of not less than$1,000,000 per occurrence and$1,000,000 annual aggregate. Such
insurance shall cover liability arising from 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
Tenant, its employees and agents. Certificates or copies of said policies, naming the Landlord as an additional
insured, and providing for thirty(30)days' advance notice to the Landlord before cancellation, shall be delivered to
the Landlord within no later than the date that Tenant begins to occupy the leased premises. A renewal certificate
shall be provided to Landlord prior to expiration of any policy.
(b) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the
insurance rates in force upon the real estate improvements on the premises or upon any personal property of the
Tenant upon which the Landlord by law or by the terms of this Lease, has or shall have a lien.
(c) Tenant further agrees to comply with recommendations of Iowa Insurance Services Office, or its
successor office,and to be liable for and to promptly pay, as if current rental,any increase in insurance rates on said
premises and on the building of which said premises are a part, due to increased risks or hazards resulting from
Tenant's use of the premises otherwise than as herein contemplated and agreed.
12. INDEMNITY. Except as to any negligence of the Landlord or its agents in the performance of any obligation
of Landlord under this Lease,and to the extent not covered by insurance maintained by Landlord or Tenant,Tenant
will protect, indemnify, and save harmless the Landlord, its officers, officials, employees, and agents, from and
against any and all claims, demands, causes of action,loss, costs, expenses, damages and liabilities of any type or
nature(including but not limited to attorneys'fees and expenses)(each of the foregoing is a"Claim")occasioned by,
or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or
property, happening or done, in, upon, or about the leased premises,or due directly or indirectly to the tenancy,use,
or occupancy thereof, or any part thereof by the Tenant or any person claiming through or under the Tenant. The
foregoing indemnity shall include, but is not limited to, Claims of Tenant or any third party for loss, damage or
destruction of any personal property or fixtures left on the premises after termination of the tenancy. The provisions
of this paragraph shall survive the expiration, abandonment, or termination of this Lease.
13. FIRE AND CASUALTY. In the event of a destruction or damage of the leased premises so that Tenant is
not able to conduct its business on the premises,and which damages cannot be repaired within sixty(60)days,this
Lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be
effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall
surrender possession within ten (10)days after such notice issues and, each party shall be released from all future
obligations hereunder, Tenant paying rental pro rata only to the date of such destruction.
14. CONDEMNATION. N/A.
15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a)TERMINATION UPON EXPIRATION OR
UPON NOTICE OF DEFAULTS. This Lease shall terminate upon expiration of the demised term. Upon default by
Tenant in accordance with the terms and provisions of this Lease,or upon Tenant's abandonment of the premises by
failure to engage in business activities on the premises for more than fourteen (14)consecutive business days,this
Lease may at the option of the Landlord be canceled and forfeited, provided, however, before any such cancellation
and forfeiture Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this
Lease will be canceled and forfeited ten (10)days after the giving of such notice,unless such default,or defaults,are
remedied within such grace period. As an additional optional procedure or as an alternative to the foregoing (and
neither being exclusive of the other), Landlord may proceed as provided in paragraph 22 below.
(b) Waiver as to any default shall not constitute a waiver of any other or subsequent default.
16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. N/A.
2
Page 70 of 97
17. SIGNS. Tenant shall have the right and privilege of attaching, affixing, painting, or exhibiting signs on the
leased premises, provided only that any and all signs shall comply with the ordinances of the municipality in which the
property is located and with the laws of the State of Iowa.
18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by,through,or under the Tenant,shall have
the right to file or place any mechanic's lien or other lien of any kind or character whatsoever upon said premises or
upon any building or improvement thereon,or upon the leasehold interest of the Tenant therein,and notice is hereby
given that no contractor, subcontractor, or anyone else who may furnish any material, service, or labor for any
building, improvements, alteration, repairs, salvaging or any part thereof, shall at any time be or become entitled to
any lien thereon, and for the further security of the Landlord,the Tenant covenants and agrees to give actual notice
thereof in advance to any and all contractors and subcontractors who may furnish or agree to furnish any such
material, service, or labor.
19. LANDLORD'S LIEN AND SECURITY INTEREST. Landlord shall have, in addition to the lien given by law,a
security interest as provided by the Uniform Commercial Code as codified in the State of Iowa upon all personal
property,and all substitutions, replacements,accessories,and accessions thereto and thereof,kept and used on the
leased premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this
Lease for the recovery of rent or for termination of this Lease because of Tenant's default in its performance.
20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC. Tenant shall have the right, from time to time
during the term of this Lease, to sell or otherwise dispose of any personal property of the Tenant situated on the
leased premises, when in the judgment of the Tenant it shall have become obsolete, outworn, or unnecessary in
connection with the operation of Tenant's business on the leased premises.
21. OTHER PROVISIONS. (a)In consideration of the promises made by Tenant in this Lease,Tenant is hereby
granted an option to purchase the leased premises for the sum of$1.00, provided that Tenant and Landlord enter
into a development agreement on mutually agreeable terms for Tenant's construction of improvements on the
premises by December 31, 2024. Said option shall be exercised no later than October 31, 2020. After exercise of
the option the parties shall negotiate the agreement terms diligently and in good faith in order to have an approved
agreement no later than December 31, 2020.
(b) The parties acknowledge that the leased premises are subject to several federal tax liens and/or
judgment liens arising from a prior owner. During the term of this Lease, Landlord will work diligently to seek a
release or discharge of such liens so that title to the leased premises is marketable in the reasonable opinion of legal
counsel for Tenant.
22. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies of either party as
provided in this Lease shall be construed as cumulative and no one of them as exclusive of the others or exclusive of
any rights, remedies, or priorities allowed either party by law, and shall in no way affect or impair the right of either
party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default
remains in any way unremedied, unsatisfied, or undischarged.
23. NOTICES AND DEMANDS. Notices as provided for in this Lease shall be given to the respective parties
hereto at the respective addresses designated on page one of this Lease unless either party notifies the other, in
writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a
demand or other communication, such message shall be considered given under the terms of this Lease when sent,
addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the
United States mail and so deposited in a United States mail box.
24. BINDING EFFECT. Each and every covenant and agreement herein contained shall extend to and be
binding upon the respective heirs, personal representatives, successors, and assigns of the parties hereto; except
that if any part of this Lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant.
25. CHANGES TO BE IN WRITING. None of the covenants, provisions,terms,or conditions of this Lease to be
kept or performed by Landlord or Tenant shall be in any manner modified,waived,or abandoned,except by a written
instrument duly signed by the parties and delivered to the Landlord and Tenant. This Lease contains the entire
agreement of the parties and supersedes any and all discussions, negotiations, understandings, or agreements
pertaining to the subject matter hereof.
3
Page 71 of 97
26. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof,shall be construed as in
the singular or plural number, and as masculine, feminine, or neuter, according to the context.
IN WITNESS WHEREOF,the parties hereto have duly executed this Business Property Lease as of the date first
written above.
LANDLORD TENANT
City of Waterloo, Iowa 3 Little Lambs, LLC
By: By:
Quentin Hart, Mayor Jonathan Brundrett
Managing Member
Attest:
Kelley Felchle, City Clerk
4
Page 72 of 97
EXHIBIT "A"
Legal Description of Leased Premises
HAYES ADDITION PARCEL I OF SE 1/4 SEC 25 T 89 R 13 LYING IN BLK 15 AND FORMALLY PART OF
PARCEL F AS SHOWN IN DOC 2007-014335 DESC AS COM AT SELY COR BLK 15 HAYES ADD TH N 49
DEG 01 MIN 25 SEC W 5 FT ALONG SLY LINE BLK 15 TO PT OF BEG TH N 24 DEG 27 MIN 43 SEC E
426.10 FT TO PT ON SWLY LINE OF PARCEL DEED B 545 P 381 PT BEING 75 FT NWLY OF ELY
TERMINUS OF THAT LINE TH N 40 DEG 14 MIN 30 SEC W 154.78 FT ALONG PARCEL DESC CLD B 545 P
381 TH S 40 DEG 50 MIN 06 SEC W 259.58 FT ALONG A LINE PAR WITH AND 140 FT DISTANT TO ELY
LINE BLK 16 HAYES ADD TO SLY LINE BLK 15 TH S 49 DEG 01 MIN 25 SEC E 222.28 FT ALONG SAID SLY
LINE BLK 15 TO PT OF BEG EXC NWLY 45.94 FT IN EVEN WIDTH AS MEASURED ALONG NLY ROW LINE
BLACK HAWK ST.
5
Page 73 of 97
CITY OF WATERLOO
Council Communication
Resolution approving recommendation of award of bid to US Cellular for wireless communication services,
using the State of Iowa bid, in the ainount of$2,438 per month plus equipment costs, and authorize the Mayor
and City Clerk to execute a twenty-four(24)month service contract.
City Council Meeting: 7/9/2018
Prepared: 7/3/2018
REVIEWERS:
Department Reviewer Action Date
t.'Ilerk Office Evern, L_eA.min Approved '7/3/2018 ... �37 P
ATTACHMENTS:
Description Type
LJ S' Celftflar Contract Covet Menlo
Resolution approving recommendation of award of bid to US Cellular for
SUBJECT: wireless communication services, using the State of Iowa bid, in the amount
of$2.438 per month plus equipment costs, and authorize the Mayor and City
Clerk to execute a twenty-four(24) month service contract.
Submitted by: Submitted By: Kelley Felchle, City Clerk
Recommended Action: Approve.
Contracting with US Cellular which has the State of Iowa bid and changing
Summary Statement: to a business unlimited data plan it is estimated the monthly savings to the
city per month will be $633.00 or$15,192.00 over the 24 month agreement.
Page 74 of 97
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CITY OF WATERLOO
Council Communication
Motion Approving Change Order No. 3 for a Net Increase of$7,646.02, for additional airfield improvements,
replacement of conduit crossing cables under Runway 12-30 and the adjustment of a manhole at the Waterloo
Regional Airport, and Authorize the Mayor to Execute said document.
City Council Meeting: 7/9/2018
Prepared: 7/2/2018
REVIEWERS:
Department Reviewer Action Date
A.Jrpotl K a spa rc, K n:1,h Approved '7/2/2018 .. x-58 PM
t-Ilenk Office Even, L-eA.nn Approved '7/3/2018 ... 10.50 AM
ATTACHMENTS:
Description Type
FA.A.L,elte-r of Appirovafoir Cliaarrnge Order N(.)-. 3 (.'4aveir" Me nio
D App COM (.'over p eater 1t.econurrrnending(.]-n,arrnge Order Cove.r Me.rno
Sane 3
4'prrdnnnpaxi Oirdeir Nw i for pp cctrucanp and Maarrnprrole
❑ 1 rt:m'oveir Metnnno
nnlnro��,n n n�;rn�:
Submitted by: Submitted By: Keith Kaspari, Airport Director
Recommended Action: Approve Change Order No: 3 as requested and recommended by Airport
S taff.
Summary Statement: This Change Order No: 3 will allow Airport Staff to provide new electrical
crossing cables, in conduit, for the benefit of the airfield's electrical system.
The total cost of this Change Order No: 3 is $7,646.02, as part of Bid
Expenditure Required: Package No: 1 of the FAA Grant No:45, for a revised project cost of
$2,144,415.31.
For the cost of this project, including all Change Orders 1-2-3, the Federal
Aviation Administration will be issuing a Grant Amendment to Grant No:45
Source of Funds: at the near-term close of this project.
Therefore, Waterloo's 10% local share will be covered by the FAA-
approved Passenger Facility Charge.
This request complies with the City of Waterloo's Strategic Plan, as follows:
Policy Issue: Goal No: 2, and Strategy No:2.2.
Goal No: 3, and Strategy No: 3.4 and 3.5.
Goal No:4, and Strategy No:4.5.
Alternative: No project alternatives were selected for this request by Staff.
Page 85 of 97
This Change Order No: 3, provides for the following:
1. The boring under Runway 12/30 for the installation of additional conduit
to support the airfield electrical system; and,
Background Information: 2. The adjustment of a current manhole that will need to remain in place due
to the immediate location of the manhole conflicting with FAA-owned
cabling.
So, while not in the original scope of work, this Change Order No: 3 allows
for important work to support the future maintenance of the airfield electrical
and lighting system.
Legal Descriptions: Not Applicable for this request.
Page 86 of 97
calw
U.S. Department
of Transportation
Central Region 901 Locust
Federal Aviation Iowa,Kansas, Kansas City,Missouri 64106
Administration Missouri,Nebraska (816)329-2600
June 28, 2018
Mr. Keith Kaspari, MPA, CM
Director of Aviation
Waterloo Regional Airport
2790 Livingston Lane
Waterloo, IA 50703
Re: Waterloo Regional Airport (ALO); Waterloo, IA
AIP No. 3-19-0094-045
Reconstruct Taxiway C and Remarking Airfield Pavements
Subject: Change Order No. 3 Determination
Dear Mr. Kaspari:
FAA Determination
We have reviewed Change Order No. 3 for Taxiway C and associated costs and determined that the
additional contract items are eligible for AIP participation. The following contract items are
approved in the total amount of$7,646.02 with an increase in the contract time by four calendar
days:
ltern Derciapdon Unit Unit Mce Quant.Lty Ar arch
No.
29 Electrical Hardhole,L-968 E 712.02 1 ll 712. 2
110 Directional Bore owr 2-2 Inch Conduits LF 13.2x! 190 2.508.010
1l1 2-Inch khe&le 410 F"'''C LF 9.94 400 Sa 3745.00
112 E tupmerrt Mobilization for Drrecdonal)lure LS $55000 1 55 .1119
113 NLu2iole Adjmtrrrent EA $ I750,10.9111 1 3,500.00
Total Change Curler 7,646.02
Limitation to Determination
• This determination is solely for the purpose of establishing eligibility of costs under the AIP
program. This approval does not represent a commitment of Federal funds in addition to the
original grant obligation.
• If applicable, our approval with an increase in the contract time does not represent FAA
concurrence with additional construction phase services.
What you need to submit now
If you have not already,please forward a copy of the executed change to my attention as soon as it is
available.
Page 87 of 97
Page 2 of 2
Change Order
ALO 045
What you need to do during construction
Please ensure that your as-built record drawings detail the improvements addressed by this change
order.
Questions
If you have any questions,please contact me at(816) 329-2647 or brian.m.tompkins@faa.gov.
Sincerely,
Brian M. Tompkins,P.E., C.M.
State Airport Engineer—Iowa
Page 88 of 97
lmag�ne 1. AECOM
ACO✓ Deluveed. 500 SW 7th Street
Des Moines
IA,50309
USA
aecom.com
July 2,2018
Mr. Keith Kaspari
Director of Aviation
Waterloo Regional Airport
2790 Livingston Lane
Waterloo, IA 50703
SUBJECT: Taxiway C Reconstruction
Waterloo Regional Airport
Waterloo, Iowa
FAAAIP Project No. 3-19-0094-045
AECOM ID No. 60550592
Dear Mr. Kaspari:
Please find enclosed Change Order No. 3 for Croell, Inc. for the above referenced project. Change
Order No. 3 provides for a replacement conduit crossing under Runway 12/30 and adjustment of
manhole that will have to remain in place because of FAA cables.
We have reviewed the costs provided by Croell, Inc. and find these to be reasonable. The change
order would result in an increase in project cost of$7,646.02. This change has been presented to FAA
and we have received their approval. Ninety percent of the funding for this additional work would be
from the FAAAIP Grant in the amount of$6,881.41 with $764.61 in additional funding required from the
city of Waterloo.
If you have any questions or require additional information, please feel free to contact our office at
your convenience.
Yours sincerely,
Digitally signed by
Hughes, David Hughes,David(Des
Moines)
(Des Moines) Date:2018.07.0210:53:40
-05'00'
David B. Hughes, P.E.
Enclosure: As noted
cc:Mr. Doug Schindel,AECOM (w/enclosures)
P:\60550592 ALO Twy C CRS\300_Communications\310_Client\kk070218.ltr.docx
aecom.com
Page 8J of 97
CHANGE ORDER NO. 3
Owner Waterloo Regional Airport, City of Waterloo,Iowa Date June 26, 2018
Project Reconstruct Taxiway C—North of Runway 12/30, Reconstruct Taxiway C— South of Runway 12/30
Owner's Contract No. FAA AIP Project No. 3-19-0094-045 Contractor Croell,Inc.
Date of Contract Start July 17, 2017
You are directed to make the following changes in the Contract Documents. Description:
Item Description Unit Unit Price Quantity Amount
No.
29 Electrical Handhole,L-868 EA $ 712.02 1 $712.02
110 Directional Bore for 2-2 Inch Conduits LF $ 13.20 190 $2,508.00
111 2-Inch Schedule 40 HDPE LF $0.94 400 $376.00
112 Equipment Mobilization for Directional Bore LS $ 550.00 1 $ 5 0.00
113 Manhole Adjustment EA $3,500.00 1 $3,500.00
Total Change Order $ 7,646.02
Reason for Change Order:
The existing conduit under Runway 12-30 was found to be filled with sand. New conduit installed
adjacent to existing conduit will be used to convey new electrical cable.
Existing manhole containing FAA cable located in pavement taper of Taxiway C requires adjustment to
final paving grade.
Reconstruct Taxiway C—North of Runway 12/30 CO-3 Project No—60550592
Reconstruct Taxiway C—South of Runway 12/30
1
Page 90 of 97
CONTRACT PRICE CONTRACT TIMES (Calendar Days)
To substantial To final
completion completion
Original: $ 2,128,833.19 Original: 150
Previous C.O.s (DEDUCT):$ 7,940.10 Previous C.O.s (ADD): 4
This C.O. (ADD): $ 7,642.02 This C.O. (ADD): 4
Contract Price with all REVISED: 158
approved Change Orders: $ 2,144,415.31
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) Date
APPROVED:
By:
Owner(Authorized Signature) Date
ACCEPTED:
By:
Contractor(Authorized Signature) Date
Reconstruct Taxiway C—North of Runway 12/30 CO-3 Project No—60550592
Reconstruct Taxiway C—South of Runway 12/30
2
Page 91 of 97
CITY OF WATERLOO
Council Communication
Motion approving request of Tom Tucker for an extension to repair sidewalks at 916 Denver Street.
City Council Meeting:7/9/2018
Prepared: 7/2/2018
REVIEWERS:
Department Reviewer Action Date
�:^nig puncen'nup pCu�uud u�uu, ,panuu'n: Approved
vua�:p '7/2/20p 8 4.53 PM
C lIerk_ Office Evcuu, t:,eu:uu Approved '7/3/2018 ... ii-04 AM
ATTACHMENTS:
Description Type
9 p 6 Deriver S t 1'oini TuicLwr Covet Melalo
Submitted by: Submitted By: Wayne Castle; PLS, PE, Associate Engineer
Recommended Action: Approve request for extension.
Summary Statement: Extension of no later than November 1, 2018 for the 2018 Sidewalk Repair
Program- Zone 8, due to the current street reconstruction of Denver Street.
Page 92 of 97
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Page 93 of 97
CITY OF WATERLOO
Council Communication
Motion approving request of Marl-,Lane for an extension to repair sidewalks at 809 Jane Street for the 2018
Sidewalk Repair Program- Zone 8.
City Council Meeting:7/9/2018
Prepared: 7/2/2018
REVIEWERS:
Department Reviewer Action Date
I:,nig, nnern ng K nUISOr1, Iaani'e Approved '7/2/2018 4.53 PM
(..,11,rk O ince Evera, 1:,eA.in Approved //3/2018 ... lg -56 AM
ATTACHMENTS:
Description Type
809 Jame St Mark 1..,arne Cover Menlo
Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer
Recommended Action: Approve request for extension.
Mr. Lane plans to replace all of the public sidewalk and the driveway but the
Summary Statement: contractor's schedule will not allow the work to be done until late
summer/fall.
Page 94 of 97
112 Sidehill Dr. Waterloo, IA 50701 Phone, (319)-233-0168 Fax- (319)-233-6037
Q C
UOTATION
June 25, 2018
Mark Lane
L
-Remove and replace 1,287 SF of driveway
_51;, 4000 PSI concrete with fiber mesh
-install rock base, pour, saw, black dirt along edges $6,750.00
-Remove and replace 3 squares of City Sidewalk $450.00
*Payment upon completion
Thank you for the opportunity to bid.
Submitted By:
Mike Bowers
Bowers Masonry
319-230-3133
Page 95 of 97
CITY OF WATERLOO
Council Communication
Communication from the Leisure Services Forestry Department on the notice of the conclusion of employment
for Bryan Foster, Forestry Specialist, effective June 29, 2018 with recominendation of approval of payout of
$2,291.44 for unused benefits.
City Council Meeting: 7/9/2018
Prepared:
REVIEWERS:
Department Reviewer Action Date
1puumuman 1�eso uurces 1')umrnn, 1 amm e Approved '7/3/2018 -00 AM
t.`Ilcup Office pfigby, Nammcy Approved '7/3/2018 ... p x.02 Aye
ATTACHMENTS:
Description Type
Communication from the Leisure Services Forestry Department on the
SUBJECT: notice of the conclusion of employment for Bryan Foster, Fob
Specialist, effective June 29, 2018 with recommendation of approval of
payout of$2,291.44 for unused benefits.
Submitted by: Submitted By:
Page 96 of 97
CITY OF WATERLOO , IOWA
CITY HALL 716 MULBERRY STREET 60703
Today's Date: 612912018
Effective Date: 612912018
Employment Date: 71112014
To: City Council Members
Re: Notice of Severance
Department Leisure Services
Job Title/Classlf[cation Forest W Sgectalfst
This Is to report that the employment of Bryan Foster
with the City of Waterloo has been severed by reason of: ❑ Retired
Disability Related 0 No 0 Yes
El Resigned
El Termination
0 Other position was eliminated due to
budget cuts
In accordance with City Policy,It Is requested to allow payment which consists of the following:
Benefits Total Hours (x)Hourly Rate Total Payout
Vacation-Accrued 39 $ 22.05 $ 8%95
Vacation-Current 39 $ 22.05 $ 859,95
Usable Sick Leave 40.8 $ 22.05 (x)26% $ 224.91
Frozen Sick Leave 0 (x)60% $ -
Personal Hours 15.72 $ 22.05 $ 340.63
Comp Time Pay 0 $
Unscheduled Leave 0 $
110(herPay 0 $
Total Payment li $ 2,2914:4]
Comments:
Approved b Date Z7• 1
Human Resources Date
Routing:
Original to Human Resources by Department
Human Resources will forward original to City Clerk(Copy In Personnel File)
Clerk's Of Ice will forward copy of approved form to Department and Human Resources Updated 6128111
Council Agenda Date: El Accruals E)Status E)-g
Page 97 of 97