HomeMy WebLinkAboutCouncil Packet - 10/15/2018 THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA,
REGULAR SESSION TO BE HELD AT
THE HAROLD E. GETTY COUNCIL CHAMBERS
Monday, October 15, 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 158
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Matt Mahler, General Manager Waterloo Water Works
Agenda, as proposed or amended.
Minutes of October 8, 2018, Regular Session, as proposed.
Proclamation declaring October 17, 2018 as Gentleman Day.
Proclamation declaring October 21-27, 2018 as Character Counts Week.
Recognition of Al Delagardelle for 30 years of service.
Swearing in of two (2) Waterloo Fire Rescue Fire Recruits - Benjamin Weber and
Brian Stewart.
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 the request of Gayle and Jim Christianson for tax
exemptions on the construction of home improvements valued at $100,000 for a
property located at 50 Medina Road, and located within the Consolidated Urban
Revitalization Area (CURA).
Submitted By: Noel Anderson, Community Planning & Development Director
3. Resolution approving the request of Shane Gardner for tax exemptions on the
construction of a new single family home valued at $313,900 for property located
at 1216 Partridge Lane, and located in the City Limits Urban Revitalization Area
(CLURA).
Submitted By: Noel Anderson, Community Planning & Development Director
4. Request from Robert Hewitt for a waiver for an asphalt driveway located at 4561
Page 2 of 158
W. 4th Street with the elimination of the sidewalk section.
Submitted By: Jamie Knutson, PE, Interim City Engineer
5. Resolution approving request of Kevin Hemmen for a waiver for a concrete
approach located at 324 Duryea Street, and approve eliminating the sidewalk
section due to structural concerns.
Submitted By: Jamie Knutson, PE, Interim City Engineer
6. Resolution approving preliminary plans, specifications, form of contract, etc. and
setting date of bid opening as November 1, 2018, and date of public hearing as
November 5, 2018, for the 2018 Tree Removal Project, and instruct City Clerk to
publish notice.
Submitted By: Todd Derifield, City Forester
7. Resolution setting the date of public hearing as November 5, 2018 for a request
by the City of Waterloo to vacate approximately 0.56 acres of West 4th Street
(former Bridge Street) right-of-way, located adjacent to 501-503 Commercial
Street (former Waterloo Courier site), with the retention of a utility easement over,
under and upon the entire vacate area, and authorize the City Clerk to publish
notice.
Submitted By: Noel Anderson, Community Planning and Development Director
B. Motion to approve the following:
1. TRAVEL REQUESTS
a. Keith Kaspari, Director of Aviation
Class/Meeting: MSP Regional Diversion Workshop
Destination: Minneapolis-St. Paul International Airport
Dates: October 29-30, Amount not to exceed: $250.00
2018
2. LIQUOR LICENSES
a. Damon's Sports Bar and Grill, 2122 Kimball Avenue
Class: C Liquor
Renewal Application Includes Sunday
Expiration Date: 10/4/2019
b. Hy-Vee Wine & Spirits#1, 2126 Kimball Avenue
Class: B Wine/ C Beer/ E Liquor
Renewal Application Includes Sunday
Expiration Date: 11/14/2019
C. Petersen &Tietz Florists & Greenhouses, 2275 Independence Avenue
Class: B Native Wine
Renewal Application Includes Sunday
Expiration Date: 10/8/2019
d. Walmart Supercenter #1496, 1334 Flammang Drive *Ownership
Update*
Class: B Wine / C Beer/ E Liquor
New Application Includes Sunday
Page 3 of 158
Expiration Date: 9/30/2019
3. APPOINTMENTS
a. James Lentfer
Board/Commission: Memorial Hall Commission
Expiration Date: 3/31/2021
Re-Appointment
b. John Mrzlak
Board/Commission: Memorial Hall Commission
Expiration Date: 3/31/2021
Re-Appointment
C. Scott McDonald
Board/Commission: Memorial Hall Commission
Expiration Date: 3/31/2021
Re-Appointment
d. Jessica Smith
Board/Commission: ADA Commission
Expiration Date: 10/15/2021
New Appointment
4. Bonds.
PUBLIC HEARINGS
2. 2019 1-Ton Single Cab Pickup Truck with Plow Attachment.
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of specifications, form of contract, etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids.
Resolution approving award of contract to Bill Cowell Ford of Hudson, Iowa, in the
amount of $42,713, for the purchase of a 2019 1-ton single cab pickup truck with plow
attachment, for the Traffic Operations Department.
Submitted By: Sandie Greco, Interim Public Works Director
3. 2019 Snow Blower for John Deere Endloader.
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of specifications, form of contract, etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids and refer to the Interim
Public Works Director for review.
Submitted By: Sandie Greco, Interim Public Works Director
4. 2019 Service Truck for Street Department.
Page 4 of 158
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of specifications, form of contract, etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids.
Resolution approving award of contract to Bill Cowell Ford of Hudson, Iowa, in the
amount of$119,149, for the purchase of a 2019 service truck for the Street Department.
Submitted By: Sandie Greco, Interim Public Works Director
5. FY 2019 Recycling Processing Facility to Support the City of Waterloo's
Curbside Recycling Program.
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of plans, specifications, forms of contract, etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids and refer to the Interim
Public Works Director for review
Submitted By: Sandie Greco, Interim Public Works Director
6. Rental of Four(4) Motor Graders to Support Snow Operations.
Rental of four(4) motor graders to support Snow Operations.
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of specifications, form of contract, etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids.
Resolution awarding the contract to Ziegler Cat of Postville, Iowa, in the amount of
$7,000 per grader, per month for a total of $112,000, in conjunction with the rental of
four (4) motor graders to support snow operations, and authorize the Mayor to execute
said document.
Submitted By: Sandie Greco, Interim Public Works Director
RESOLUTIONS
7. Resolution approving 2018 JAG Grant #2018-DJ-BX-0916 for the FY 2018 Edward
Byrne Memorial Justice Assistance Grant in the amount of $73,914.00, 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
8. Resolution approving Amendment No. 1 to the Customer Agreement with Sensys Gatso
USA, Inc., to provide the Police Department with additional equipment, and authorize
the Mayor to execute said document.
Submitted By: Daniel J. Trelka, Chief of Police
9. Resolution approving request by Chris E. Boyland for an Encroachment Agreement to
Page 5 of 158
allow for a fence 7 feet into the right of way of Wisconsin Street and 2.5 feet to 4 feet in
the right of way of Byron Avenue, located at 621 Wisconsin Street, and authorize the
Mayor and City Clerk to execute said document.
Submitted By: Noel Anderson, Community Planning and Development Director
10. Resolution approving an amendment to the Collections Services Agreement with Credit
Bureau Services of Iowa, Inc. of Oskaloosa, Iowa, to provide debt collection services to
Waterloo Fire Rescue, and authorize the Mayor and City Clerk to execute said
documents.
Submitted By: Pat Treloar, Fire Chief
11. Resolution approving Amendment to the Development Agreement with Avita
Developments, LLC to transfer 1.5 acres of land, and authorize the Mayor and City
Clerk execute said document.
Submitted By: Noel Anderson, Community Planning & Development Director
12. Resolution accepting donation of 115 Sumner Street from Lederman Bros. Property
Management, LLC, and authorize the Mayor and City Clerk to execute said document.
Submitted By: Noel Anderson, Community Planning & Development Director
EXECUTIVE SESSION
Motion to adjourn to Executive Session
13. To discuss litigation with counsel, pursuant to Iowa Code §21.5(1)(c).
Motion to adjourn Executive Session
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. Waterloo Housing Authority Board minutes of September 17, 2018.
2. Communication from the Waste Management Services Department on the notice of the
conclusion of employment for Brian Rath, Treatment Operations Supervisor, effective
September 28, 2018 with recommendation of approval of payout of $11,956.64 for
unused benefits.
Page 6 of 158
CITY OF WATERLOO
Council Communication
Minutes of October 8, 2018, Regular Session, as proposed.
City Council Meeting: 10/15/2018
Prepared:
REVIEWERS:
Department Reviewer Action Date
Clerk (:)p'iice ipn.i'by; 1" mcy Approved G0/12/20tl ... 4.2p PM
ATTACHMENTS:
Description Type
Minutes of 10/8/20 i 8 Backup Mame laap
Submitted by: Submitted By:
Page 7 of 158
October 8, 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, October 8, 2018. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Margaret Klein, Ward 1 Council Member
146586 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, October 8, 2018, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Six. Motion carried.
146587 - Juou/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, October 1, 2018, at 5:30 p.m.,be
accepted and approved. Voice vote-Ayes: Six. Motion carried.
Proclamation Declaring October 7-13, 2018 as Mental Illness Awareness Week.
ORAL PRESENTATIONS
Denise Drahos, 2520 W. 8th Street, explained that she, and her neighborhood, has been flooded
several times with sewage. They have been promised for several years that it would be fixed but that
they have not been repaired. She explained that insurance companies will not provide coverage
because the area floods on a regular basis and the valuation of her home has decreased. She asked
for an answer on when the repairs will happen. She stated that the Mayor and Mrs. Klein have done
a lot of work to help work on the situation. She explained she met a man who is going to run for
council who has seven children and also got flooded, and is excited that he will at least understand
what she and her neighbors are going through.
Mayor Hart commented that he agrees the issues need to be addressed and he will treat this as if it
were happening in his own home, and make sure the problem is fixed.
Ms. Drahos questioned if there will be FEMA responses to the excessive rain.
Mayor Hart explained that the city has never had this much water in September and October in the
history of Waterloo. He stated that he could reach out at the state level to see if anything can be
done to help provide relief.
Danielle Putman, 2502 W. 8th Street, explained that she purchased her home in April of 2018 and
has had numerous sewage backups since July. She explained that she has been dissatisfied with the
response from Waste Management.
David Dryer, 3145 W. 4th Street, questioned why three Firemen and the Chief are traveling to pick
up a fire truck in Wisconsin and if the employees will be on overtime.
Mayor Hart stated that the item would be pulled off the consent agenda to be discussed.
Jim Chapman, 224 Bertch, requested an update on the Five Sullivan Brothers Convention Center.
October 8, 2018 Page 2
Mrs. Klein commented on an item on the consent agenda, that she will be voting against a travel
request for Sgt. Farmer and Gergen's to travel to Dallas because it had already occurred. She stated
that a phone call should at least be made to the Finance Committee Chairperson before things like
this occur. She also commented on the recent flooding in her ward.
Mayor Hart explained that the Firefighter of the Year award was given to Justin Junk by the
Waterloo Exchange Club.
146588 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion
carried.
CONSENT AGENDA
146589 - Juon/Schmitt
that the following items on the consent agenda be received,placed on file and approved:
a. Resolutions to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated October 8, 2018
in the amount of$1,809,652.46, 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. 2018-743.
2. Resolution approving cancellation of assessments for properties on Exhibit A, and authorize
City Clerk to notify Black Hawk County Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2018-744.
b. Motion to approve the following:
1 Travel Requests
Name & Title Amount
of Personnel Class/Meeting Destination Date(s) not to
Exceed
ti�
� 204-
z, �o
b. Sgt. Devine & Inv. Iowa Association for Johnston, IA November 7-9, $680.00
Stratton Identification 2018
Educational Conference.
,e. ChiefT-feloa-ya aTfm,el to piek-dp arc
(3) Fi-Fe Fig Engirie 3 11: W4
October 8, 2018 Page 3
d. Casey's General Store #2866, B Wine/C Beer New 12/27/2018 x
51 E. Tower Park Drive
*Premise Update*
B Native Wine to B Wine
e. Casey's General Store #2867, B Wine/C Beer New 12/27/2018 x
2424 Ranchero Road
*Premise Update*
B Native Wine to B Wine
f. Casey's General Store #2879, B Wine/C Beer New 4/18/2019 x
3260 University Avenue
*Premise Update*
B Native Wine to B Wine
g. Casey's General Store #2880, B Wine/C Beer New 4/18/2019 x
1604 LaPorte Road *Premise
Update*
B Native Wine to B Wine
h. Chilito's Mexican Bar and C Liquor Renewal 8/7/2019 x
Grill, 441 E. Tower Park w/Outdoor Service
Drive
i. Target Store T-1792, 1501 E. B Wine/C Beer/E Renewal 6/27/2019 x
San Marnan Drive Li uor
j. Walmart Supercenter#1496, B Wine/C Beer/E Renewal Renewal x
1334 Flamman Drive Liquor
3. Motion to approve Exception to Burning Yard Waste Application by Ryan Kurtz to burn native grass
and flowers on .62 acres southside of Orange Elementary School, located at 5805 Kimball Avenue,
between September 15 and October 31, when wind conditions are right.
4. Cigarette/Tobacco Permit New Application for Logan Avenue Convenience Store, 735 Logan Avenue.
Roll call vote-Ayes: Six. Motion carried.
146590 - Morrissey/Amos
Motion to approve the following travel request:
Name & Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
I.B.La. Chief Treloar and (3) Fire Travel to pick up Weyauwega, Sometime $460.00
Fighters Engine 311. WI between October
8-19, 2018
Pat Treloar, Fire Chief,provided an overview of the travel request.
Roll call vote-Ayes: Six. Motion carried.
146591 - Morrissey/Amos
October 8, 2018 Page 4
146592 - Schmitt/Amos
that proof of publication of notice of public hearing on Taxable Sewer Revenue Capital Loan Notes -
The issuance of not to exceed $2,300,000 Taxable Sewer Revenue Capital Loan Notes (State of
Iowa Revolving Fund Loan)., as published in the Waterloo Courier on September 26, 2018,be
received and placed on file. Voice vote-Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments.
David Dryer, 3145 W. 4"' Street, questioned if the city has paid off the previous $1.7 million
borrowed.
Michelle Weidner, Chief Financial Officer, explained that the previous loan is scheduled to be paid
back over a 20 year period, and the $2,300,000 additional loan is necessary to correct the sewer
system. She further explained the need for sewer rate increases to help fund the sewer system
projects.
David Dryer commented that a 5 percent increase over two years was previously discussed and
asked if this would mean an additional increase.
Michelle Weidner explained that she anticipates a 5 percent increase over several years to make
necessary repairs.
Forest Dillavou, 1725 Huntington Road, asked to know the interest rate over 20 years.
Michelle Weidner explained that the rate is two percent and the principal is paid down over the
course of 20 years.
Don Schare, 1415 Downing Avenue, questioned if any of the funds will be spent on fixing the
problems causing sewer backups into homes.
Michelle Weidner, explained the sewer system projects.
Mayor Hart requested an overview of the SRF program.
Michelle Weidner provided an overview of the program.
Don Schare questioned if the backups can be prevented with backflow preventers.
Steve Hoambrecker, Waste Management Services Director, explained that backflow preventers are
designed to prevent sewage backups but that if the sanitary sewer lines in the street are surcharged it
may also cause a problem with sewage leaving the home.
146593 - Schmitt/Amos
that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Six.
Motion carried.
146594 - Schmitt/Amos
October 8, 2018 Page 5
Mayor Hart commented that Strand Associates did review the various projects at a prior Work
Session.
Michelle Weidner explained that there are two categories of projects. The collection system which
is for the consent decree, and also improvements for the treatment plant which are needed to avoid a
future consent decree and that the two together are approximately$140 million.
Mrs. Klein clarified that the back flow preventers stop sewage from going in and out of the home.
Mrs. Juon questioned if the projects will have an impact on the needs of the residents.
Michelle Weidner explained that the master plan for sewer repairs can be changed over time to
address immediate concerns that may arise.
Mr. Morrissey commented that the council needs to realize that to fix these issues requires raising
taxes in order to pay for the projects.
Mrs. Klein commented that the city is sitting on millions of dollars of TIF money that can go toward
infrastructure and stop spending money on vanity projects.
Mayor Hart commented that there is a myriad of different needs in the city of Waterloo and each
take resources and dollars and that council's support is needed on a multitude of levels so that
modeling can continue in order to make the best decisions to solve the problems.
Resolution adopted and upon approval by Mayor assigned No. 2018-745.
146595 - Morrissey/Amos
that proof of publication of notice of public hearing on FY 2019 Sidewalk Repair Assessment
Program - Zone 8, Contract No. 958, as published in the Waterloo Courier on September 24, 2018,
be received and placed on file. Voice vote-Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
146596 - Morrissey/Amos
that the hearing be closed. Voice vote-Ayes: Six. Motion carried.
146597 - Morrissey/Amos
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll-call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-746.
146598 - Morrissey/Amos
that"Resolution authorizing to proceed",be adopted. Roll-call vote-Ayes: Six. Motion carried.
October 8, 2018 Page 6
Voice vote-Ayes: Six. Motion carried.
146600 - Morrissey/Amos
that "Resolution approving award of contract to B&B Builders & Supply of Waterloo, IA in the
amount of $206,215.82, and approving the contract, bonds and certificate of insurance for the FY
2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, and authorize 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. 2018-748.
RESOLUTIONS
146601 - Schmitt/Amos
that "Resolution approving temporary easement agreements with JDAVIS Properties, LLC at 4020
University Avenue in the amount of$767.00, HFC Investments, LLC at 4021 University Avenue in
the amount of$281.69, Casey, Tim Trust at 4010-4018 University Avenue in the amount of$867.90,
Hy-Vee, Inc. at 4000 University Avenue in the amount of$997.56, Exceptional Persons, Inc. at 3927
University Avenue in the amount of$825.40, H and B Hawk Club, LLC at 3909 University Avenue
in the amount of $360.91, Cone Management, Inc. at 3840 University Avenue in the amount of
$1,084.20, Lederman Brothers Property Management Co., LLC at 3821 University Avenue in the
amount of $194.04, and Hermansen Properties, LLC at 3811 University Avenue in the amount of
$528.00, in conjunction with the University Avenue reconstruction Phase II project, and authorize
the Mayor to execute said documents",be adopted. Roll call vote-Ayes: Six. Motion carried.
David Dryer, 3145 W. 4"' Street, questioned if this is all of the easements that will be needed.
Noel Anderson, Community Planning and Development Director, explained that there are eight
acquisitions left.
Resolution adopted and upon approval by Mayor assigned No. 2018-749.
146602 - Schmitt/Amos
that "Resolution approving the assignment of rebates to Gaymond W. Schultz & Cynthia A.
Schultz in conjunction with a Development Agreement with Dolly James, LLC, originally approved
on January 30, 2012 for the property located at 820-914 Sycamore Street, and authorize the Mayor
and City Clerk to execute said agreement", be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-750.
146603 - Schmitt/Amos
that "Resolution approving construction plans for sanitary sewer, serving Kenn Dahl First Addition,
W. 4th Sanitary Sewer Extension, as submitted by YTT Design Solutions, of Cedar Rapids, Iowa,
and a Sewage Treatment Agreement between the Department of Natural Resources and the City of
Waterloo, DNR Form 29 (Nov 00), and final acceptance of construction plans, subject to the review
and acceptance by the DNR, and authorize the Mayor to execute said documents", be adopted. Roll
11 I ♦ n w . 1
October 8, 2018 Page 7
that "Resolution approving Completion of Project and Recommendation of Acceptance of work, for
work performed by Stickfort Construction Co., at a total cost of$1,688,332.57, in conjunction with
FY 2012 E. Donald Street Improvements, Contract No. 797", be adopted. Roll call vote-Ayes: Six.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-752.
146606 - Amos/Morrissey
that "Resolution approving an Amendment to Development Agreement with Dahlstrom
Development, LLC for a new 200,000 square foot warehousing building in the MidPort area by
changing the tax rebate schedule from 10 years at 50% to 10 years at 70%, and authorize the Mayor
and City Clerk to execute all necessary paperwork", be adopted. Roll call vote-Ayes: Four. Nays:
One (Klein). Abstain: One (Jacobs due to a possible business conflict). Motion carried.
Todd Obadal, 124 Amity Drive, explained that he had heard that these rebates were originally a
mistake and wants to know what has changed to ask for more rebates and does not understand why
this needs to be changed as the city is not receiving anything in return.
Noel Anderson explained that the city has an Economic Development Policy that outlines how
incentives are distributed. He explained that a typo occurred and that negotiations were at 70% and
further explained the benefit to the city.
Forest Dillavou, 1725 Huntington Road, explained that this is not going to help the citizens who are
experiencing sewer backups and that the city needs to stop giving away incentives to developers as it
does not benefit the citizens.
Mayor Hart questioned if these projects pay storm water fees.
Noel Anderson confirmed, and explained the different types of fees and taxes projects are required to
pay.
David Dryer, 3145 W. 4th Street, questioned if the city provides for sanitary sewer for the various
developments.
John Sherbon, 1715 Robin Road, questioned why the city is adjusting the percentage paid due to a
typo and questioned who is checking the paperwork on these contracts.
Mrs. Klein explained that she would not be supporting the item, as the contracts should have been
correct when they first came to council for approval.
Mr. Morrissey requested a recess.
146607 - Amos/Jacobs
To recess at 6:45 p.m. Voice vote-Ayes: Six. Motion carried.
146608 - Amos/Juon
To reconvene at 6:48 p.m. voice vote-Ayes: Six. Motion carried.
October 8, 2018 Page 8
that "Resolution approving an Amendment to the Development Agreement with BCS Properties,
LLC for the development of property generally located at the northeast corner of Highway 63 and
West Ridgeway Avenue to amend the start of the 15 year period of rebates, and authorize the Mayor
and City Clerk to sign and fully execute all necessary documents", be adopted. Roll call vote-Ayes:
Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-754.
146610 - Morrissey/Amos
that "Resolution approving an Amendment to the Development Agreement with BCS Properties,
LLC, and GAC Real Estate, LLC, for the development of land generally described as the northeast
corner of Highway 63 and West Ridgeway Avenue, to amend the start of the 15 year period of
rebates, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call
vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-755.
146611 - Morrissey/Amos
that"Resolution approving award of contract to WRH of Amana, Iowa, in the amount of 51,839,380
and approving the contract, bond, and certificate of insurance, in conjunction with the Satellite Wet
Well Rehabilitation, Contract No. 907, and 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. 2018-756.
ADJOURNMENT
146612 - Juon/Morrissey
that the Council adjourn at 6:53 p.m. Voice vote-Ayes: Six. Motion carried.
Kelley Felchle
City Clerk
CITY OF WATERLOO
Council Communication
Proclamation declaring October 17, 2018 as Gentleman Day.
City Council Meeting: 10/15/2018
Prepared: 7/19/2017
REVIEWERS:
Department Reviewer Action Date
Mayor (I..)ffice Westphal, Michelle Approved 9/G0/2018 5:38 PM
..,11erk Office Ifigby, 1" au�cy Approved G 0/8/2018 5-43 PM
ATTACHMENTS:
Description Type
D 13 u-oelai-nation Genticrruan Day Covet Merano
Submitted by: Submitted By: Mayor Quentin Hart
Page 16 of 158
CITY OF WATERLOO, IOWA
PROCLAMATION
WHERFASs I in 3 women will experience violence in their lifetime; and
WHEWUS, intimate partner violence impacts victims, children, family,
friends and the community at large; and
19HEREASs domestic violence is not confined to any group or groups of
people, but is experienced in all economic, racial, ethnic,
educational, societal, and religious groups and is sustained
by societal indifference; and
WHEREAS, perpetrators of domestic violence should be held accountable
for their actions and victims should have access to support
and services to help them overcome their experience; and
WHEREAS, it is important to recognize the compassion and dedication of
the individuals who provide support to victims of intimate
partner violence and work to increase public understanding
of this significant problem; and
WHEKAS, only a coordinated effort from all community members will
put a stop to this heinous crime.
NOW, THEJWFOREy 1, Quentin Hart, Mayor of the City of Waterloo, Iowa, do
hereby proclaim the October 1"7,2018, as
emrumm DAY
and urge everyone to work together to eliminate domestic violence from our community.
IN- XrrrNESS WEMOF, I have hereunto set my hand and caused the official seal
of the City of Waterloo to be affixed this 15th day of October 2018.
CITY OF WATERLOO
Council Communication
Proclamation declaring October 21-27, 2018 as Character Counts Week.
City Council Meeting: 10/15/2018
Prepared: 9/27/2018
REVIEWERS:
Department Reviewer Action Date
Mayor (I..)ffice Westphal, Michelle Approved 9/27/2018 ... p 2.y,tl PM
t`lleri; Office i p igby, 1" a:rraacy Approved G 0/9/.2018 ... 920 AM
ATTACHMENTS:
Description Type
13u-oeVa i-nation Chaaactet t.oiii:nas Week Covet Melalo
Submitted by: Submitted By: Mayor Quentin Hart
Page 18 of 158
CITY 0*7 iffAvrEf tLOO, IOIVA
PROCLAMAnON
WHEREAS, citizens of good character are a most valuable asset to our community,
providing a safe and caring environment where all citizens value and
model the principle that CHARACTER COUNTS!; and
WHEREAS, the Six Pillars of Character include Trustworthiness, Respect,
Responsibility, Fairness, Caring and Citizenship; and
WHEREAS, the City of Waterloo supports the Cedar Valley Character Counts
Committee in its efforts to provide leadership and coordination for
the promotion and encouragement of a community-wide character
education program for our youth; and
WHEREAS, with their guidance,we will teach, enforce, advocate and model the six
essential pillars of character to our young citizens; and
WHEREAS, this work will foster greater understanding and cooperation among
individuals and organizations of our community to set good examples
and address the positive issues that will shape our community's
future.
NOW, THEREFORE, 1, Quentin Hart, Mayor of the City of Waterloo, do hereby
proclaim the week of October 21--27, 2018, as
Cffi%RACIER COUNTS WEEK
and urge the citizens of Waterloo to become aware of the importance of community-wide
character education, show support for the positive character development of youth in our
community, and for further information visit: www.charactercountsiniowa.org.
IN INITNFM 1AW-KOF, I have hereunto set my hand and caused the official seal of the
City of Waterloo to be affixed this 15th day of October 2018.
CITY OF WATERLOO
Council Communication
Swearing in of two (2) Waterloo Fire Rescue Fire Recruits - Benjamin Weber and Brian Stewart.
City Council Meeting: 10/15/2018
Prepared: 10/12/2018
REVIEWERS:
Department Reviewer Action Date
1,nre Rescue Eve;i, L-eA.rin Appi-ov d G0/12/20 8 tl0-33 AM.
SUBJECT: Swearing in of two (2) Waterloo Fire Rescue Fire Recruits - Benjamin
Weber and Brian Stewart.
Submitted by: Submitted By:Pat Treloar, Chief of Fire Services
Summary Statement: Benjamin Weber and Brian Stewart will be sworn in by Mayor Hart.
Page 20 of 158
CITY OF WATERLOO
Council Communication
Resolution approving the request of Gayle and Jim Christianson for tax exemptions on the construction of
home improvements valued at $100,000 for a property located at 50 Medina Road, and located within the
Consolidated Urban Revitalization Area(CURA).
City Council Meeting: 10/15/2018
Prepared: 10/8/2018
REVIEWERS:
Department Reviewer Action Date
p°naaaaan'ing& .bona nag Sdircoederc, Axie Approved 10/10/2018 0-09 AM
t.`Ilcrrp Office p p igby, Naamy Approved 10/10/2018 ... �O-: 4 .M
ATTACHMENTS:
Description Type
.`0 Medria Road Forrrrii. Me nio
50 Medirraaa Road Map t."ove.r l e.n-io
Resolution approving the request of Gayle and Jim Christianson for tax
SUBJECT: exemptions on the construction of home improvements valued at$100,000
for a property located at 50 Medina Road, and located within the
Consolidated Urban Revitalization Area(CUR&)
Submitted by: Submitted By:Noel Anderson, Community Planning& Development
Director
Approval.
Recommended Action:
The Planning, Programming, and Zoning Commission staff has reviewed this
Summary Statement: application and feels that the project qualifies for exemptions from taxes on
the actual value added to residential property under the Consolidated Urban
Revitalization Area.
Expenditure Required: None
Source of Funds: N/A
Strategy 3.8: Continue efforts to foster new investments and development in
Policy Issue: the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban
Revitalization Area(CURA).
Alternative: N/A
Legal Descriptions: Greenbrier Second Addition Lot 13
Page 21 of 158
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CITY OF WATERLOO
Council Communication
Resolution approving the request of Shane Gardner for tax exemptions on the construction of a new single
family hoine valued at$313,900 for property located at 1216 Partridge Lane, and located in the City Limits
Urban Revitalization Area(CLURA).
City Council Meeting: 10/15/2018
Prepared: 10/8/2018
REVIEWERS:
Department Reviewer Action Date
1°naaaannng& Zonr ing Sdircoederr, Axie Approved 10/10/2018 ... 111,E1 AM
1.1Ilcrrp Office 1pigt.)y, Naamy Approved 10/10/2018 ... 111:1 1 .M
ATTACHMENTS:
Description Type
C1.,17R 121.6 Paarrlridlr,e. 1.aarie Foal. Menio
4;1,111 . 121.6 Paartrkig p.aane Map t."ove.r Me.n-io
Resolution approving the request of Shane Gardner for tax exemptions on
SUBJECT: the construction of a new single family home valued at 8313;900 for property
located at 1216 Partridge Lane, and located in the City Limits Urban
Revitalization Area(CLURA)
Submitted by: Submitted By:Noel Anderson, Community Planning& Development
Director
Approval.
Recommended Action:
The Planning, Programming, and Zoning Commission staff has reviewed this
Summary Statement: application and feels that the project qualifies for exemptions from taxes on
the actual value added to the residential property under the City Limits Urban
Revitalization Area Plan.
Expenditure Required: None
Source of Funds: N/A
Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban
Revitalization Area (CLURA)housing program.
Alternative: N/A
Legal Descriptions: Audubon Heights Fifth Addition Lot 23
Page 25 of 158
in,gD a
CITY LIMI'T'S URBAN REVITALIZATION AP'P'LICATION
FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE ORT WO �
FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN'
REVITALIZATION AREA PLAN ADOPTED BY'I HE CITY COUNCIL OF THE CITY OF 9�
WATERLOO. ,
The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly constructed 6nelbtwo faintly ,
dwellings(single family homes or duplex/twin homes)that meet the following criteria: po,"� t 'NA
1.
1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community`° t
Planning&Development Department.)
2. This application must be filed with City prior to the 11 working day of February following the year when the
improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph
2. However,a single application may be filed upon completion of an entire project requiring more than one year to
construct or complete,providing prior approval has been granted by the City Council or County Board of Supervisors.
Please fill out the following information for your application to be submitted to the C' uracil.
NAME: �1 � SIGNATU
ADDRESS: (2—IG (`QA-(C-RJ D6 Lw/41
TELEPHONE: .� !L DATE: y
A. What is the address of the property being improved? ( !
What is the Legal Description of the property?(May be available at County Recorder's Office on 2nd floor of the
Courthouse)
B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify)
{ 1 i 1
C. City of Waterloo Building and his ections Department Information:
01! °- 0000 817 &th
Permit Number:a,00-titra&oett 2„, Date permit was issued: L,�t "t -/l Ott q Total permits)valuation: t L,
D. What was the cost of the new construction? 20-15, 4)
E. Estiinatcd or actual date of completion of tliis new constniction?� ""._�_
CITY OF WATERLOO _.
APPROVED DATED: RESOLUTION NO:
DENIED
BLACK HAWK COUNTYASSESSOI2 --......_..__._
APPROVED DA'Z'ED:
Tauri McFarland
DENIED Black Hawk County Assessor
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the
Black Hawk County Assessor's Office for criteria eligibility.
Page 26 of 158
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anda�r Inrom,atlon. Fee
CITY OF WATERLOO
Council Communication
Request from Robert Hewitt for a waiver for an asphalt driveway located at 4561 W. 4th Street with the
elimination of the sidewalk section.
City Council Meeting: 10/15/2018
Prepared: 10/10/2018
REVIEWERS:
Department Reviewer Action Date
1:^nmg'iiecrinng K nLIISOr1, Jame Approved G 0/10/2018 .., tl 0-52 AM
(`11erk 6.1p'pnce 1li115g") , 114amy Approved 10/10/2018 1 AM
ATTACHMENTS:
Description Type
1::)W Wam vee 4561 W Atpm St Covet Menlo
SUBJECT: Request from Robert Hewitt for a waiver for an asphalt driveway located
at 4561 W. 4th Street with the elimination of the sidewalk section.
Submitted by: Submitted By: Jamie Knutson; PE, Interim City Engineer
Recommended Action: Recommended for approval by the City Engineer.
Attached is a request for construction of an asphalt driveway with the
elimination of the sidewalk section, to be located at 4561 W. 4th Street.
I have reviewed this request and recommend its approval subject to the
following provisions:
Summary Statement: 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.
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.
This is a waiver of the City's Standard Specifications for Driveway
Background Information: Construction. It requires Council approval so that it can be recorded to the
property, so that the waiver requirements run with the property ownership.
Legal Descriptions: KIMPSTON SUBDIVISION LOT 10 LOT 12 EXC E 276.95 FT
Page 28 of 158
WAIVER
S '
Date.
Honorable Mayor and City Council
City Hall
Waterloo, IA 50703
Council Persons:
I hereby request a waiver to the driveway and sidewalk Specifications for the construction
of a /1' --' driveway or sidewalk located at
(concrete o(-a�phalt),)
(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.
-2L 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.
4. To employ a bonded contractor who shall obtain a,permit from the office of the City Engineer.
6. 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.
fi
Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of
recording this agreement.
Respectfully submitted,
'AW11 ...................
Printed Namo,'of Property Owner �ignafiur of f)roperty Owner
Page 29 of 158
CITY OF WATERLOO
Council Communication
Resolution approving request of Kevin Hemmen for a waiver for a concrete approach located at 324 Duryea
Street, and approve eliminating the sidewalk section due to structural concerns.
City Council Meeting: 10/15/2018
Prepared: 10/10/2018
REVIEWERS:
Department Reviewer Action Date
p:^nmgpnmccn•inng KnnLIISOr1, Iaame Approved p 0/i 0/2018 ... p 0.52 AM
(..,11;rk Oi%ince Ilipg") > 114amy Approved 10/10/2018 1 AM
ATTACHMENTS:
Description Type
I..)W Wa M ..324 1.J:.nryeam St Covet Menlo
Resolution approving request of Kevin Hemmen for a waiver for a concrete
SUBJECT: approach located at 324 Duryea Street, and approve eliminating the sidewalk
section due to structural concerns.
Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer
Recommended Action: Recommendation of approval by the City Engineer.
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
Summary Statement: to construction.
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.
Structural concerns: placement of approach and sidewalk section as one
Background Information: pavement, while maintaining sidewalk requirements through existing sidewalk
location, with the use of approved reinforcement.
WESTFIELD LOTS 1, 2 & 3 BLK 28 SW 12 1/2 FT LOT 4 BLK 28
LOT 5 BLK 28 VAC ALLEY BETWEEN LOTS 2, 3 & 4 BLK 28 ADJ
BLK 28 SE 10 FT VAUGHAN ST ADJ BLK 28 ALSO A STRIP OF
LAND ADJ LOT 3 BLK 28 ON SW DESC AS BEG AT SWLY COR
LOT 3 TH SWLY 16.4 FT TH NWLY PAR SWLY LINE LOT 3 &AN
Legal Descriptions: EXTENSION THEREOF 834 FT TH NELY AT RT ANG 16.4 FT TH
SELY TO PT OF BEG EXC THAT PART DESC AS COM AT SLY
COR BLK 27 WESTFIELD ADDITION TH S 52 DEG 37 MIN E 60
Page 30 of 158
FT TO PT ON NWLY LINE SAID BLK 28 TH S 37 DEG 23 MIN W
8.0 FT ALONG SAID LINE TO PT OF BEG
Page 31 of 158
Page: 2 10/9/2018 06: 51 AM TO: 13192914262 FROM: 3192748308
WAIVER IVA
Date:
Honorable Mayor and City Council Yoe 6441- e—
City Hall
Waterloo, IA 60703
Council Persons-,
I hereby request a waiver to the driveway and sidewalk specifications for the construction
of a covi6j'e-bf—
driveway or sidewalk located at
concrete . r 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.
6
K Other: 5 '1
-t _J w""
,I 1��1�1
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,
S. 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.
4. To employ a bonded contractor who shall obtain a permit from the of 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.
Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of
recording this agreement.
Respectfully submitted,
keyiA gzrytme,J1f1�
Printed Name of Property Owner Signature of Property Owner
Page 32 of 158
CITY OF WATERLOO
Council Communication
Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening
as November 1, 2018, and date of public hearing as November 5, 2018, for the 2018 Tree Removal Project,
and instruct City Clerk to publish notice.
City Council Meeting: 10/15/2018
Prepared: 10/8/2018
REVIEWERS:
Department Reviewer Action Date
a asure Services ppum9.ing, p aLd Approved 10/8/2018 ... 4:� � PM
�.`Ilemp Offic:, p p igby, Naummcy Approved 10/8/2018 5-50 PM
ATTACHMENTS:
Description Type
2018 Tree- Reruuaavamp 11uopec1 ll. ocu:uiarm.ermtw Me nio
Resolution approving 12reliminary plans, specifications; form of contract, etc.
SUBJECT: and setting date of bid opening as November 1, 2018, and date of public
hearing as November 5; 2018, for the 2018 Tree Removal Project; and
instruct City Clerk to publish notice.
Submitted by: Submitted By: Todd Derifield, City Forester
Approve plans, specifications, and bid documents. Set the date of bid
Recommended Action: opening as Thursday, November 1, 2018, and public hearing and bid reading
Monday, November 5, 2018.
Summary Statement: This project consists of removing 61 ash trees and stumps in Hope
Martin Park.
Expenditure Required: TBD
Source of Funds: Forestry Capital Improvement Funds
This project is improving parks. Therefore it supports City of Waterloo
Policy Issue: Strategic Plan, Strategy 4.5 - Maintain community services and support
quality of place.
Alternative: N/A
City of Waterloo has been infested by the emerald ash borer which has killed
Background Information: millions of ash tree in the Midwest. Most of the ash trees in Waterloo are
infested and dying. As the ash trees die and become a hazard, they create a
liability to the city of Waterloo.
Legal Descriptions: N/A
Page 33 of 158
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' CITY OF WATERLOO
LEISURE SERVICES COMMISSION
i
2018 TREE REMOVAL PROJECT
The Waterloo Leisure Services Commission is seeking bids for 2018 TREE REMOVAL
PROJECT.
BID REQUEST
Sealed bids are due 1:OOpm, Thursday, November 1, 2018, to the City Clerk at her office
at City Hall, 715 Mulberry Street, Waterloo, IA 50703. Bids must be submitted on the
Waterloo Leisure Services Bid Form. Bids will be opened in the first floor conference room in
City Hall, Waterloo, Iowa on Thursday, November 1, 2018, at 1:00pm. Public hearing on the
project will be conducted Monday, November 5, 2018, at the regularly scheduled 5:30pm City
Council Meeting in the second floor Council Chambers.
The City of Waterloo reserves the right to reject any and/or all bids.
When submitting bid, please note on the lower, left-hand corner of envelope.-
Waterloo
nvelope:Waterloo Leisure Services Commission
2018 TREE REMOVAL PROJECT
All work to meet City of Waterloo codes.
Questions, please contact Todd Derifield, Waterloo City Forester,
at Leisure Services, 291-4370, Monday through Friday 7:00 a.m. to 4:00 p.m.
Page 34 of 158
CITY OF WATERLOO, IOWA
LEISURE SERVICES COMMISSION
NOTICE OF PUBLIC HEARING
On Proposed Specifications and the
e
NOTICE TO BIDDERS
for
2018 TREE REMOVAL PROJECT
RECEIVING OF BIDS
Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City
Hall, Waterloo, Iowa, on Thursday, November 1, 2018, until 1:00pm., for the 2018 Tree Removal
Project as described in the plans and specifications now on file in the City Clerk's office and the
Waterloo Leisure Services Commission office.
OPENING OF BIDS
All proposals received for the 2018 TREE REMOVAL PROJECT will be opened in the first floor small
conference room of the Clerk's Office at City Hall, Waterloo, Iowa, on Thursday, November 1, 2018, at
1:00 p.m., and the proposals will be referred to the Waterloo Leisure Services Commission for
recommendation of award.
PUBLIC HEARING
Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed
specifications and form of contract for the 2018 TREE REMOVAL PROJECT at 5:30 p.m. on Monday,
November 5, 2018. The hearing will be held in the Council Chambers in Waterloo City Hall. The
contract documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure
Services Commission office,, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person
interested may file written objection with the City Clerk before the date set for the hearing or appear and
make objection at the meeting.
SCOPE OF WORK
The Contractor shall provide all labor and materials necessary to remove the designated trees and stumps
in accordance with these plans and specifications,
CONTRACT PERIOD
The period of time covered under this proposed contract shall be from November 6, 2018 to a completion
date of no later than June 1, 2019.
NOTICE OF PUBLIC HEARING page I of 3
Page 35 of 158
is
PROPOSALS SUBMITTED
i
All bids must be submitted on forms supplied by the Waterloo Leisure Services Commission. The bidder
shall bid a lump sum price as shown on the Bid Form.
BID SECURITY REQUIRE D
All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa
bank chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in
Iowa chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa,
in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share
draft, or bid bond will be held as security that the Bidder will enter into a Contract for the stump removal
work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into
the Contract and furnish the required bonds, the bid security may be retained by said City as agreed
liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the
surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney.
CONTRACT AWARD
The City shall award one Contract to the responsible Bidder whose bid, conforming to the Specifications
and is most advantageous to the City and the Waterloo Leisure Services Commission, price and other
factors considered. The intention is not to award the contract at the time of bid opening, but to award the
contract after review of bids and bidder information by the City and Waterloo Leisure Services
Commission such that the award is made within thirty (30) days after bid opening.
The City reserves the right to waive any and all parts of a specific bid.
BOND
The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of
acceptance of the bid, in the amount equal to one hundred percent (100%) of the contract price. The Bond
is to be issued by a responsible surety approved by the City Council and shall guarantee the faithful
performance of the contract and the terms and conditions therein contained and shall guarantee the prompt
payment of all materials and labor and protect and save harmless the City from claims of any kind caused
by the operation of the Contractor.
AFFIRMATIVE ACTION PROGRAM
The successful Bidder and any subcontractors will be required to execute and have approved an
Affirmative Actions Program or Update before beginning work on the project, if they have been awarded
an aggregate of$10,000 in city projects during the current calendar year.
NOTICE OF PUBLIC HEARING page 2 of 3
Page 36 of 158
o-
METHOD OF PAYMENT TO CONTRACTOR
Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be
based on the actual number of trees and stumps removed at the average contract removal price. A
detailed bill of completed work must be received by the Waterloo Leisure Services Commission before
payment can be made. Actual number of trees and stumps removed must agree with numbers recorded by
the Leisure Services Commission. Payment(s) will be mailed to contractor. Payments shall be mailed to
contractor as part of regular billing cycle.
Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order
of the City Council of said Waterloo, Iowa, on the day of , 2018
City of Waterloo, Iowa,
Kelley Felchle, City Clerk
NOTICE OF PUBLIC HEARING page 3 of 3
Page 37 of 158
j
CITY OF WATERLOO, IOWA
3 Waterloo Leisure Services
i
INSTRUCTION TO BIDDERS
I. EXPLANATIONS TO BIDDERS
Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to
Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed
for a reply to reach bidders before submission of their bids. Any interpretation made will be in the
form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to
all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on
the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral
explanations or instructions given before the award of the contract will not be binding.
IL PROPOSALS SUBMITTED
All bids must be submitted on forms supplied by the Waterloo Leisure Services. Before
submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications
and all other contract documents and visit the site of the work. Each bidder shall be fully informed,
prior to the bidding, as to all existing conditions and limitations under which the work is to be
performed and shall include in this bid a sum to cover the cost of all items necessary to perform the
work as set forth in the contract documents. No allowance will be made to any bidder because of
lack of such examination or knowledge. The submission of a bid shall be construed as conclusive
evidence that the bidder has made such examination.
The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and
the rules and regulations of all authorities having jurisdiction over the project shall apply to the
Contract throughout and they shall be deemed to be included in the Contract the same as though
herein written out in full.
III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS
Bids and modifications or withdrawals thereof received at the office designated in the Notice to
Bidders after the exact time set for closing of bids will not be considered. However, a modification
which is received from an otherwise successful bidder, and which makes the terms of the bid more
favorable to the City, will be considered at any time it is received and may thereafter be accepted.
Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set
for closing of bids.
IV. PUBLIC OPENING OF BIDS
Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders.
Their content will be made public for the information of bidders and others interested who may be
present either in person or by representative.
INSTRUCTIONS TO BIDDERS page 1 of 3
Page 38 of 158
p
3
V. COLLUSIVE AGREEMENTS
A. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion
Affidavit in the form herein provided, to the effect that he has not colluded with any other person,
firm, or corporation in regard to any bid submitted.
J
B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and
u include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he
has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before
executing any subcontract, the successful bidder shall submit the name of any proposed
subcontractor for approval by the City.
VI. MBE/WBE CONTRACT COMPLIANCE PROGRAM
All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract
Compliance Program.
City of Waterloo Contract Compliance:
Rudy D. Jones, Director
Community Development Board
620 Mulberry Street Suite 202
Waterloo, Iowa 50703
(319) 291-4429
VII. EMPLOYMENT AND BUSINESS OPPORTUNITY
To the greatest extent feasible, suppliers, subcontractors, and low income workers owning
businesses or living in the Waterloo area must be given priority in supplying materials, bidding for
subcontract work, or applying for employment by the contractor on this project. Opportunities for
training and for employment arising in connection with this project, shall to the greatest extent
feasible be made available to lower income persons residing in the project area. The Contract area
is the City of Waterloo.
The City of Waterloo will require the contractor to document his efforts in securing lower income
workers living in the project area and in purchasing supplies from, and awarding subcontracts to,
businesses owned by persons residing in the project area.
VIII. STATEMENT OF BIDDER'S QUALIFICATIONS
Each Bidder shall, upon request of the Waterloo Leisure Services, submit on the form furnished a
statement of the Bidder's qualifications, his/her experience record in completing the type of project
proposed, and equipment available for the work contemplated; and when requested, a detailed
financial statement, The Waterloo Leisure Services shall have the right to take such steps as it
deems necessary to determine the ability of the Bidder to perform obligations under the Contract;
and the Bidder shall furnish the Waterloo Leisure Services all such information and data for this
purpose as it may request. The right is reserved to reject any bid where an investigation of the
available evidence or information does not satisfy the Waterloo Leisure Services that the Bidder is
qualified to carry out properly the terms of the Contract.
INSTRUCTIONS TO BIDDERS page 2 of 3
Page 39 of 158
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IX. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE
A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for
signature,the successful bidder shall execute and deliver to the City, an agreement in the form
included in the contract documents in such number of copies as the City, may require.
B. Having satisfied all conditions of award as set forth elsewhere in these documents, the
successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in
a penal sum not less than the amount of the contract as awarded, as security for the faithful
performance of the contract and the terms and conditions therein contained and shall guarantee the
prompt payment of all persons, firms, or corporations to whom the contractor may become legally
indebted for labor, materials, tools, equipment, or services of any nature including utility and
transportation services, employed or used by him/her in performing the work. The bond shall
protect and save harmless the City and Waterloo Leisure Services from claims and damages of any
kind caused by the operations of the contractor and shall also guarantee the maintenance of the
contract improvements for the period stated in the Notice of Hearing from and after completion of
said improvements and their acceptance by the City and the Waterloo Leisure Services. Such bond
shall be in the same form as that included in the contract documents and shall bear the same date
as, or a date subsequent to that of the agreement. The current Power of Attorney for the person
who signs for any surety company shall be attached to such bond.
C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a
certificate of insurance for approval in amounts of not less than the amounts specified in the
General Conditions. The certificate of insurance shall be furnished in such number of copies as the
City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named
Insured," The contractor shall similarly submit his subcontractor's certificates of insurance in the
amounts for approval before each commences work. The contractor shall carry or require that there
be Worker's Compensation insurance for all his employees and those of his subcontractors engaged
in work at the site, in accordance with State Worker's Compensation Laws,
D. The failure of the successful bidder to execute such agreement and to supply the required bond
or bonds within ten (l 0) days after the prescribed forms are presented for signature, or within such
extended period as the City, may grant, based upon reasons determined sufficient by the City, may
either award the contract to the next lowest responsible bidder or re-advertise for bids, and may
charge against the bidder the difference between the amount of the bid and the amount for which a
contract for the work is subsequently executed, irrespective of whether the amount thus due
exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising, the
defaulting bidder shall have no claim against the City or Waterloo Leisure Services for a refund.
INSTRUCTIONS TO BIDDERS pa ,aof
ge 40 of 158
CITY OF WATERLOO, IOWA
Waterloo Leisure Services
GENERAL CONDITIONS
Definitions
Whenever used in any of the Contract Documents, these terms shall be defined as follows:
Contract - means the Contract or Agreement executed by and between the City
of Waterloo and the Contractor.
Owner or Local Public Agency (LPA) -means the Waterloo Leisure Services.
Contractor - means the person, firm or corporation entering into the Contract with
the City of Waterloo, to maintain City of Waterloo Right Of Ways and/or properties
as described in the Specifications provided.
Contract Documents - means and shall include the following: Executed Contract
or Agreement, Addenda(if any), Invitation for Bids, Instructions to Bidders, Signed
copy of Bid, General Conditions, Special Conditions, Specifications, and (flans or
Drawings when required).
Superintendence by Contractor
Except where the Contractor is an individual and gives personal superintendence to the work, the
Contractor shall provide a competent superintendent, satisfactory to the Waterloo Leisure Services/City
of Waterloo, on the work site at all times during working hours with fall authority of the Contractor. The
Contractor shall also provide an adequate staff to properly coordinate and expedite the work.
The Contractor shall lay out and be responsible for all work executed under this Contract. The
Contractor shall verify all figures and elevations before proceeding with the work and will be held
responsible for any error resulting from failure to do so.
Other Contracts
The City of Waterloo may award or may have awarded other Contracts for additional work, and the
Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that
to be performed under other Contracts as may be directed by the Waterloo Leisure Services/City of
Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance
of work by any other Contractor as scheduled.
GENERAL CONDITIONS PAGE I OF 3
Page 41 of 158
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Fittine and Coordination of the Work
The Contractor shall be responsible for the proper fitting of all work and for the coordination of the
operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to
guarantee to each Subcontractor the locations and measurements which they may require for the fitting
of their work to all surrounding work.
Care of Work
The Contractor shall be responsible for all damages to person or property that occur as a result of
negligence in connection with the execution of work and shall be reasonable for the proper care and
protection of all materials delivered and work performed until completion and final acceptance by the
Waterloo Leisure Services.
The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, turf areas, structures,
and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's
operation shall be completely repaired at no expense to the Owner.
General Requirements
The Contractor shall be responsible for being informed as to all existing conditions and limitations under
which the work is to be performed. No extra allowance will be made because of lack of such
examination or knowledge.
The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside
the limits of the project. if disturbed, these items shall be replaced by the Contractor at no cost to the
Owner.
Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by
workers and their equipment. The City Forester will determine the extent of protection necessary for the
trees.
Permits and. Codes
The Contractor shall give all notices required by, and comply with all applicable municipal and state
laws, ordinances and codes.
GENERAL CONDITIONS PAGE 2 OP 3
Page 42 of 158
Liability Insurance
i
The Contractor shall carry liability insurance which shall save the City harmless and protect the public
and any person from injury sustained by the reason of the prosecution of the work or the handling or
storing of materials therefore, and said Contractor shall also carry insurance which shall meet the
requirements of the Iowa Worker's Compensation Law.
Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance
Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance
companies, evidencing that said insurance company or companies have issued liability insurance
policies, effective during the life of the contract, or for a period of at least ten (10) days following the
filing of written notice of cancellation, protecting the public and any person from injuries or damages
sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically
evidence the following forms of insurance protection:
a, Public liability insurance covering all operations performed by persons directly employed by the
Contractor.
b. Public liability insurance covering all operations performed by any subcontractor to whom a
portion of the work may have been assigned.
c. Public liability insurance covering all work upon the project performed by any independent
contractor working under the direction of either the principal contractor or a subcontractor.
d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all
motor vehicles employed on the work, whether owned by the contractor or by other persons,
firms, or corporations.
e. The minimum protection shall be as follows:
Comprehensive General Liability
Insurance Bodily Injury(including wrongful death) $5,000,000.00 per person
Aggregate, Products and Completed Operations $5,000,000.00
Property Damage $5,000,000.00 per accident
Comp. Auto Bodily Injury $5,000,000.00 per person
Property Damage $5,000,000.00 per occurrence
The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Narned Insured" in the
amount of$5,000,000.00 liability for bodily injury(including wrongful death) and property damage. A
certificate or a policy, if requested, shall be filed with the Owner.
All certificates and/or policies of insurance furnished by the Contractor to be filed with the City
Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall be
required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or
expiration of the above insurance.
Removal of Debris, Cleaning Etc.
The Contractor shall periodically, or as directed during the progress of the work, remove and legally
dispose of all surplus material and debris, and keep the project area reasonably clean. Upon completion
of the work the Contractor shall remove all temporary construction facilities, debris and unused
materials provided for the work and put the whole site of the work in a neat and clean condition.
GENERAL CONDITIONS PAGE 3 OF 3
Page 43 of 158
7
CITY OF WATERLOO, IOWA
WATERLOO LEISURE SERVICES COMMISSION
i
SPECIFICATIONS
for
2018 TREE REMOVAL PROJECT
SCOPE OF WORK
The Contractor shall provide all labor, equipment, and material necessary to remove the
designated trees & stumps in the city park in accordance with these specifications.
SPECIFICATIONS
All trees and stumps marked on the attached maps, described in these contract documents,
and marked in the field shall be removed according to industry standards following all of
the American National Standards for Arboriculture Operations—ANSI Z 133-2012.
The disposal of all branches, logs, wood chips, and any other debris from the tree and
stump removals shall be the responsibility of the contractor, and shall be included in the
contract price. This debris shall be disposed of in accordance with all city, county, state,
and federal regulations.
All stumps and exposed roots shall be ground out to a minimum of 12" below the
surrounding soil surface. If there is a mound of soil around the tree stump, this mound
shall be ground down level with the surrounding soil.
All wood chips, soil, and other debris created by grinding stump to appropriate level shall
be disposed of by contractor.
Loam soil. (black soil) shall be supplied by the contractor and included in the contracted
price. It shall be placed in the ground out areas to fill the voids. This soil must be free of
large clods, rocks, and other debris. It shall also be raked level with the surrounding soil.
Tree trunks or large limbs falling to the ground will occasionally cause holes or
depressions during the tree removal operation. Contractor shall fill in these holes or
depressions with the described soil above and seed as described below.
SEEDING
The new soil shall be seeded with a 50150 mix of Kentucky Bluegrass and Perennial Rye
grass (80-90% germination). This seed shall be supplied by the contractor and included in
the contracted price.
LOCATING UTILITIES
All utilities shall be the responsibility of the contractor to locate before any work is done
on each and every stump location.
Page 1 of 'age 44 of 158
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MISCELLANIOUS
It shall be the Contractor's responsibility to coordinate the removal of automobiles
j conflicting with tree and stump removals.
It shall be the Contractor's responsibility to contact the local emergency services when
major roads are fully or partially blocked for tree and stump removals.
COMPLETION DATE
2018 Tree Removal Project shall be completed by June 1, 2019,
NOTIFICATION
Contractor shall notify City Forester at Leisure Services office before entering Park
locations, Due to scheduled events or ground conditions, contractor's request to enter a
Park may be denied at that time. City Forester and Contractor will then determine a more
suitable date and time of entering a Park to remove the specified stumps. .
DAMAGE PROTECTION
All property damaged by the Contractor from the 2018 Tree Removal Project is the
responsibility of the Contractor to repair or replace at the Contractor's expense to return to
the condition property was before contractor damaged.
The Contractor shall avoid damage to turfgrass and underlying soil and grade. Any
rutting from equipment and related turf loss and erosion damage shall be promptly
remedied by the Contractor to the satisfaction of the Leisure Services Commission with no
additional cost to the Leisure Services Commission. Sidewalks damaged by Contractor
will also be the responsibility of the Contractor to replace to the satisfaction of the Leisure
Services Commission with no additional cost to the Leisure Services Commission.
The Contractor shall take all necessary precautions to protect pedestrians and motorists
from personal injury and property damage. All equipment safety guards shall remain
intact and serviceable. The Contractor shall carry liability insurance as detailed in the
GENERAL CONDITIONS to cover any damage claims.
REQUIRED EQUIPMENT
The Contractor shall have sufficient and proper equipment to perform all work in a safe
and timely mamier.
Types of equipment required for this contract:
Aerial Lift Truck
Stump grinder or stump cutter
Dump truck
Skid loader, tractor, or other equipment with bucket
Equipment listed on the Bid Form will be reviewed by Leisure Services Commission to
determine whether it is adequate for this tree and stump removal project. List the year,
make and model of the equipment listed.
Page z"f 'age 45 of 158
SIZE OF TREES AND STUMPS
Tree sizes listed are the Diameter at Breast Height(DBH) of the tree trunk. This diameter
of the tree was determined by wrapping a diameter measuring tape (measuring inches)
around the trunk at 4.5 feet from the ground.
LOCATIONS OF TREES
Locations of trees are in Waterloo, IA in Hope Martin Park. An aerial photo of park
locations is attached.
LICENSING
'Contractor shall comply with the City of Waterloo Ordinance (7-5A-1A)—License
Required: No person shall engage in the business of removing, cutting or trimming of
trees in the City of Waterloo without first obtaining the required license. See City
Forestry for details if needed.
Page 3 O'�age 46 of 158
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CITY OF WATERLOO, IOWA
WATERLOO LEISURE SERVICES COMMISSION
0 BID FORM
for
2018 TREE REMOVAL PROJECT
BIDDER:
COMPANY NAME
ADDRESS:
3
PHONE:
1. The undersigned, being a Corporation existing under the laws of the State of ,
a Partnership consisting of the following partners;
having been familiarized with the existing conditions on the project area affecting the
cost of the work, and with all the Contract Documents now on file in the offices of the
City Clerk, City Hall, Waterloo, Iowa, and the Waterloo Leisure Services Commission,
1101 Campbell Ave., Waterloo, Iowa, hereby proposes to furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services required to complete the proposed 2018
TREE REMOVAL PROJECT, in accordance with the contract documents and for the bid
prices for the removal and disposal of 61 trees & associated stumps in Hope Martin Park
as described in the attached documents for the following amount:
Dollars ($ )
BID PRICE
2. In submitting this bid, the Bidder understands that the City reserves the right to reject
any or all bids. If written notice of acceptance of this Bid is mailed or delivered to the
undersigned within thirty (30) days after Bid Opening, of at any time thereafter before
this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the
prescribed form and furnish the required bond and certificate of insurance within ten (10)
days after the agreement is presented for signature, and start work within ten(10) days
after"Notice to Proceed" is issued.
3. Security in the sum of dollars ($ )
in the form of , is submitted herewith in accordance
with NOTICE TO BIDDERS.
4. Attached is a Non-Collusion Affidavit of Prime Contractor.
5. The Bidder is prepared to submit a financial and experience statement upon request,
BID FORM page 1 of 2
Page 48 of 158
3
3I
3
6. The Prime Contractor and Subcontractor(s), which have performed an aggregate of
$10,000.00 in work for the City in the current calendar year, are prepared to submit an
3 AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is
3
lowest and acceptable.
7. The Bidder has received the following Addendum or Addenda:
Addendum No. Date: / 1
1 I
/ 1
8. The Bidder shall list the MBEIWBE subcontractors, amount of subcontracts and bid
items listed on the City of Waterloo Minority and/or Women Business Pre-bid Contract
Information Foran submitted with this Bid Form. The apparent low bidder shall submit a
list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00
p.m. the business day following the day bids on this project are due along with the Non-
collusion Affidavits of ALL Subcontractor(s).
The subcontractors listed on this proposal and/or submitted to the Contract Compliance
Officer cannot be changed except for the following reasons.
1. The City of Waterloo does not approve the subcontractors.
2. The subcontractors submit in writing that they cannot fulfill their subcontracts
9. The Bidder shall list all equipment available for this project:
10. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are
marked "none" or"NA"
11. The bidder has attached all applicable forms.
12. The owner reserves the right to select alternatives, delete line items, and/or to reduce
quantities prior to the Award of Contract due to budgetary limitations.
SIGNED: DATE: 1 I
Name an Tit e
BID FORM page 2 of 2
Page 49 of 158
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f
i
STATEMENT OF BIDDER'S QUALIFICATIONS
j (To be submitted by the Bidder only upon request of the City of Waterloo,Iowa.)
i
All questions shall be answered and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, questions may be answered on separate attached
sheets. The.Bidder may submit any additional information desired.
1. Name of Bidder.
2. Permanent main office address.
3. When organized.
4. If a corporation, where incorporated.
5. How many years have you been engaged in the contracting business under your present firm
or trade name?
6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate
anticipated dates of completion.)
7. General character of work performed by your company.
& Have you ever failed to complete any work awarded to you? If so, where and why?
9. Have you ever defaulted on a contract? If so, where and why?
10. List the more important projects recently completed by your company, stating the
approximate cost for each, and the month and year completed.
11. List your major equipment available for the contract.
12. Experience in landscape work similar in importance to the project.
13. Background and experience of the principal members of your organization, including the
officers.
14. Credit available: $
15. Give Bank reference:
16. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the City of Waterloo, Iowa?
17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish
any information requested by the City of Waterloo, Iowa, in verification of the recitals
comprising this Statement of Bidder's Qualifications.
STATEMENT OF BIDDERS QUALIFICATIONS PAGE l OF 2
Page 50 of 158
1
f
Dated this day of , 20
Name of Bidder
3
By:
Title:
State of )
ss
County of )
9
i
being duly sworn
deposes and says that she/he is of
Name of Organization
and that the answers to the foregoing questions and all statements therein contained are true and
correct. Subscribed and sworn to before me this_day of , 20
Notary Public
My commission expires , 20
s,iwrEMENT or BIDDER'S QUALIFICATIONS PPA69e51 of 158
i
BID BOND
I
j
3
i
KNOW ALL MEN BY THESE PRESENTS, that we,
0
as Principal, and
' as Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called"OWNER". In the penal
sum dollars
($ ) lawful money of the United States, for the payment of which sum will and truly be made,
we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these
presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying
bid dated the_day of , 20 , for
NOW, THEREFORE,
a) If said Bid shall be rejected, or in the alternate,
b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and
shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing
labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement
created by the acceptance of said Bid,
Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly
understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed
the penal amount of this obligation as herein stated.
By virtue of statutory authority, the frill amount of this bid bond shall be forfeited to the Owner in liquidation of
damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided
in the specifications or by law.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall
be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or
execute such contract; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of
them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed
by their proper officers this day of , A.D. 20
(Seal)
Principal
By (Title)
Witness
(Seal)
Surety
By
Witness Attorney-In-Fact
BID BOND PAGE 1 OF I
Page 52 of 158
y
p
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
u State of )
County of )
being first duly sworn., deposes and says that:
1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of ,
the Bidder that has submitted the attached Bid;
2, He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
4, Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a
collusive or sham Bid in connection with the Contract for which the attached Bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with
any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other
Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any
other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful
agreement any advantage against the City of Waterloo, Iowa, or any person interested in the
Proposed Contract; and
5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of
its agents, representatives, owners, employees, or parties in interest, including this affiant.
Signature Title
Su.Us-cr'avAl a'K&wol-rV to-U f M'e'
------- day of---------------------------- 2018.
__________________________________ _____________________________________
s%pt tt.tx'e, T iPi
My "pwrek--------------------------------
Page 53 of 158
Y
NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR
d
State of
County of )
being first duly sworn, deposes and says
that:
1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of ,
hereinafter referred to as the "Subcontractor";
2. He is fully informed respecting the preparation and contents of the subcontractor's proposal
submitted by the subcontractor to , contract
pertaining to the 2018 TREE REMOVAL PROJECT in Waterloo, Black Hawk County,
Iowa;
3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal;
4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a
collusive or sham proposal in connection with such contract or to refrain from submitting a
proposal in connection with such contract, or has in any manner, directly or indirectly, sought
by unlawful agreement or connivance with any other bidder, firm or person to fix the price or
prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the
price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy,
connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any
person interested in the proposed Contract;
S. The price or prices quoted in the subcontractor's proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the
bidder or any of its agents, representatives, owners, employees, or parties in interest,
including this affiant,
Signature Title
S"Zr C OYe&a4'L&WOVYi.ta-Ue IOVel MR,thkk
_____ day of __________________________, 2418.
------------------------------------ _________--------------------------
S4nate, 7'6de,
Page 54 of 158
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EQUAL OPPORTUNITY CLAUSE
(As,provided in Executive Order No. 11246)
3
All contractors, subcontractors, vendors and suppliers of goods and services doing business with
the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually
agree as follows:
1. The contractor, subcontractor, vendor and supplier of goods and services will not
discriminate against any employee or applicant for employment because of race, color, creed,
sex, national origin, economic status, age, mental or physical handicap, political opinions or
affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative
Action program to ensure that applicants are employed and that employees are treated during
employment without regard to their race, creed, color, sex, national origin, religion, economic
status, age, mental or physical disability, political opinions or affiliations. Such actions shall
include but not be limited to the following;
a. Employment
b. Upgrading
c. Demotion or Transfer
d. Recruitment and Advertising
e. Layoff or Termination
f. Rates of Pay or Other Forms of Compensation
g. Selection for Training Including Apprenticeship.
2. The contractor, subcontractor, vendor and supplier of goods and services will, in all
solicitations or advertisements for employees, state that all qualified applicants will receive
consideration for employment without regard to race, creed, color, sex, national origin,
religion, economic status, age, mental or physical disabilities, political opinion or affiliations.
3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining
representative will send to each labor union or representative of workers which he/she has a
collective bargaining agreement or other contract or understanding, a notice advising said
labor union or workers' representative of the contractor's commitment under this section.
4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all
published rules, regulations, directives, and order of the City of Waterloo Affirmative Action
Program Contract Compliance Provisions.
5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file
-compliance reports within such time and upon such forms as provided by the Affirmative
Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and
practices of each subcontractor as well as the contractor himself/herself and said
subcontractor, vendor and supplier will permit access to his/her employment books, records
and accounts to the City's Affirmative Action Officer, for the purpose of investigation to
ascertain compliance with this contract and with rules and regulations of the City's
Affirmative Action Program---Contract Compliance Provisions relative to Resolution No.
24664.
EQUAL OPPORTUNt'rY CLAUSE PACE 1 OF 2
Page 55 of 158
1
6. In the event of the contractor's non-compliance with the non-discrimination clauses of this
j contract or with any of such rules, regulations and orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible for
further contracts in accordance with procedures authorized by the City Council.
7. The contractor, subcontractor, vendor and supplier of goods and services will include, or
incorporate by reference, the provisions of the non-discrimination clause in every contract,
subcontract or purchase order unless exempted by the rules, regulations or orders of the
City's Affirmative Action Program, and will provide in every subcontract, or purchase order
that said provisions will be binding upon each contractor, subcontractor, of supplier.
8. We, the undersigned, recognize that we are morally and legally committed to non-
discrimination in employment. Any person who applies for employment with our company
will not be discriminated against because of race, creed, color, sex, national origin, economic
status, age, mental or physical disabilities.
Signed:
Appropriate Official
Title
Date
EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2
Page 56 of 158
1
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CITY OF WATERLOO, IOWA
WATERLOO LEISURE SERVICES COMMISSION
CONTRACT
for
2018 TREE REMOVAL PROJECT
This Contract for 2018 TREE REMOVAL PROJECT(the"Contract") is made and entered into on
November 5, 2018, by and between the City of Waterloo, Iowa(the"City"), and
(the"Contractor"),
WITNESSETH:
I. The Contractor shall furnish all supervision,technical personnel, labor, materials,
supplies and equipment to perform all work required for the Contract work as described in the
Specifications and shown on the Plans to remove 62 trees & stumps in Hope Martin Park,
2. The Contract Documents shall consist of the following:
a. This Contract
b. Notice of Hearing
c. Instruction to Bidders
d. Signed copy of Bid
e. General Conditions
f. Specifications
g. Plans
These documents form the Contract Documents and are all fully incorporated as a part of this Contract as
if attached to this Contract or set forth in full herein.
3. The Contractor-agrees to commence the work within ten (10) days after the City issues a
"Notice to Proceed"and to complete the work within the given time frame. Time is of the essence in the
performance of duties under this Contract.
4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo,
Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water and traffic,
and maintaining proper and sufficient barricades with lights and signals during all hours of darkness.
5. Except as to any negligence of City, its officials, officers,employees or agents, in the
performance of any duty under this Contract, and to the extent not covered by insurance maintained by
Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents,
and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs,
or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or
in connection with the acts or omissions of Contractor in performing the work contemplated by this
Contract.
6. Contractor shall be responsible for all damage to public or private property. If public or
private property is damaged by Contractor and is not repaired in a timely manner as determined by City,
Tree Removal Contract-Page I of 3
Page 57 of 158
o.
City has the option of having the damage repaired at the Contractor's expense,to be reimbursed to the
City or withheld from future payments to Contractor hereunder.
7. The Contractor shall have no cause of action against the City on account of delays and
prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the
completion of the job as was lost by reason of the delay caused by the City.
8. The City, at its sole discretion and without waiving any claims or rights, may allow for
partial payment for the work included on an invoice for which all services have not been delivered or
accepted. The City may withhold payment for reasons including, but not limited to,the following:
unsatisfactory job performance or progress, defective work,disputed work, failure to comply with
material provisions of the Contract, third-party claims filed or reasonable evidence that a claim will be
filed, or other reasonable cause.
9. In the event that Contractor defaults in the performance or observance of any covenant,
agreement or obligation set forth in this Contract, and if such default remains uncured for a period of
seven (7) days after notice thereof shall have beengiven by City to Contractor, then City may declare that
Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written
notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable
to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only
one such notice, and in connection with any subsequent breach then City may terminate this Contract
upon seven (7)days' advance written notice. In the event of termination, the Contractor shall be
compensated for all services performed through termination date. No delay in enforcing the provisions
hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or
to obtain relief against or recover for the continuation or repetition of such breach or violation or any
similar breach or violation thereof at any later time or times. In the event that City prevails against
Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable
attorneys' fees and expenses incurred by City.
10. In addition to paragraph 7 above, this Contract may be terminated at any time, in whole
or in part, upon the mutual written agreement of the parties. City may also choose to terminate this
Contract at any time by delivering to Contractor twenty-one(2 1) days' advance written notice of
termination.
11. Contractor may not assign, delegate or subcontract any of its duties hereunder without
the prior written consent of City.
12. Any notice under this Contract shall be in writing and shall be delivered in person or by
United States registered or certified mail, postage prepaid and addressed:
City Contractor
City of Waterloo, Iowa
715 Mulberry St.
Waterloo, Iowa 50703
Attn: City Clerk
Delivery of notice shall be deemed to occur(i)on the date of delivery when delivered in person,
or(ii)three(3) business days following the date of deposit if mailed as stated above.
13. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute
any joint venture, partnership, agency, employment, or any other relationship between the parties nor,
Tree Removal Contract- Page 2 of 3
Page 58 of 158
i
3
except as expressly set forth herein, to create any liability for one party with respect to the liabilities or
obligations of the other party or any other person. Contractor is an independent contractor.
' 14. This Contract shall be binding upon and inure to the benefit of the parties and the
N respective successors and assigns of each.
15. In the event any provision of this Contract is held invalid, illegal, or unenforceable,
whether in whole or in pail, the remaining provisions of this Contract shall not be affected thereby and
shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract
is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid,
legal, and enforceable,then such provision shall be deemed to be written and shall be construed and
enforced as so limited.
16. This Contract,together with the Contract Documents, constitutes the entire agreement
between the parties pertaining to the subject matter hereof. This Contract may not be modified or
amended except by the mutual written agreement of the parties.
17. In consideration of the full compliance on the part of the Contractor with all the
provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this
Contract by reference, and upon completion and acceptance of the work,the City agrees to pay the
Contractor the amount listed below for the removal of 61 trees & stumps in Hope Martin Park:
Dollars $
IN WITNESS WHEREOF, the paries have executed this Contract for Tree Removal by their
duty authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA CONTRACTOR
Mayor Name of Contractor
By:
City Clerk
Title:
Tree Removal Contract-Page 3 of 3
Page 59 of 158
CITY OF WATERLOO
Council Communication
Resolution setting the date of public hearing as November 5, 2018 for a request by the City of Waterloo to
vacate approximately 0.56 acres of West 4th Street(former Bridge Street) right-of-way, located adjacent to
501-503 Commercial Street(former Waterloo Courier site), with the retention of a utility easement over, under
and upon the entire vacate area, and authorize the City Clerk to publish notice.
City Council Meeting: 10/15/2018
Prepared: 10/10/2018
REVIEWERS:
Department Reviewer Action Date
11 paa::rn'ig& Zonn'i t Sd roedcr, .4.rpc Approved 10/10/2018 -.05 AM
t.`Ilcrp Office 1 pn}niay, Namy Approved 10/10/201 .... p p-.12AM
ATTACHMENTS:
Description Type
.ttaclm.i.crnts ... Vacate. Foares W 4th St ROW Coen.r Memo
Resolution setting the date of public hearing as November 5, 2018 for a
request by the City of Waterloo to vacate approximately 0.56 acres of West
SUBJECT: 4th Street(former Bridge Street) ri t-of-way, located adjacent to 501-
503 Commercial Street(former Waterloo Courier site), with the retention of a
utility easement over, under and upon the entire vacate area, and authorize the
City Clerk to publish notice.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
Transmitted is a request to set the date of public hearing as November 5,
2018 for a request by the City of Waterloo to vacate approximately 0.56
acres of West 4th Street(former Bridge Street)right-of-way, located
adjacent to 501-503 Commercial Street(former Waterloo Courier site), with
the retention of a utility easement over, under and upon the entire vacate area.
The City is requesting to vacate the right-of-way, located between Cedar
Street and Commercial Street, as the area is no longer needed for public
Summary Statement: street purposes. The area is the former location where West 4th Street was
located before it was relocated to the southeast. After the road was
relocated, the area was left as right-of-way, but a city owned parking lot was
constructed on it. There are numerous utilities located within the former right-
of-way, therefore the retention of the utility easement is needed.
Therefore, we would ask that the City Council set a date of public hearing as
November 5, 2018, and publish and official notice pertinent to the request to
vacate the area described herein.
Page 60 of 158
Expenditure Required: None
Source of Funds: N/A
Policy Issue: Right-of-Way
Alternative: N/A
Parcel "L" Description:
The southeasterly 20 feet of Lots 5, 19, 20, 21, 22, 23, 24, the southeasterly
20 feet of the southwesterly 5 feet of Lot 36, the southeasterly 20 feet of the
platted east-west 15 foot public alley, and that portion of Bridge Street
between Commercial Street and Cedar Street, allin Mill Square, City of
Waterloo, Black Hawk County, Iowa, more particularly described as
follows:
Beginning at the southwesterly corner of Lot 4, Mill Square; thence North
49°04'04" West degrees 60.00 feet along the northeasterly line of
Commercial Street to the southeasterly corner of Lot 5, Mill Square; thence
continuing North 49°04'04" West 20.00 feet along said northeasterly line to
the southwesterly corner of the southeasterly 20 feet of said Lot 5; thence
Legal Descriptions: North 41°03'14" East 305.00 feet along a line 20 feet normally distant to and
parallel with the northwesterly line of Bridge Street to the northeasterly line of
the southwesterly 5 feet of Lot 36, Mill Square, said line also known as the
southwesterly line of Cedar Street as presently established; thence South
49°04'04" East 20.00 along said northeasterly line to the northwesterly line of
Bridge Street; thence continuing South 49°04'04" East 60.00 feet along the
southeasterly extension of the aforesaid northeasterly line to the southeasterly
line of Bridge Street; thence South 41°03'14" West 305.00 feet along the
southeasterly line of Bridge Street to the point of beginning, containing
24,400 square feet(0.56 acres) and subject to an easement over, under, upon,
and across the described parcel for public utilities.
The northeasterly line of Parcel K of the NE 1/4 of Section 26, Township 89
North, Range 13 West of the 5th Principle Meridian, also being the
southwesterly right-of-way line of Commercial Street, is assumed to bear
North 49°04'04" West for the purpose of this description.
Page 61 of 158
October 3,2017
REQUEST: Request to vacate a portion of West 4th Street right-of-way, located
between Cedar Street and Commercial Street.
APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703
GENERAL The applicant is requesting to vacate a portion of the right-of-way
DESCRIPTION: of West 4th Street, located between Cedar Street and Commercial
Street, as the area is no longer needed for public street purposes,
and is currently used as a parking lot.
IMPACT ON
NEIGHBORHOOD & The request would not appear to have a negative impact on the
SURROUNDING surrounding neighborhood or land use.
LAND USE:
VEHICULAR & The vacate request would not appear to have a negative impact on
PEDESTRIAN vehicular or pedestrian traffic movements in the area because it is
TRAFFIC excess right-of-way no longer needed for road purposes.
CONDITIONS: Commercial, West 4th Street, and Cedar Street are all classified as
Local Streets.
RELATIONSHIP TO The nearest recreational trail is the 218 Trail located along the
RECREATIONAL northeast side of Hwy 218, which is 800 feet southwest of the
TRAIL PLAN AND proposed vacate area. The area is served extensively by sidewalk.
COMPLETE STREETS
POLICY:
ZONING HISTORY The area in question has been zoned "C-3" Central Business
FOR SITE AND District since the adoption of the Zoning Ordinance in 1969. The
IMMEDIATE VICINITY: surrounding land uses to the north, south, east, and west are all
"C-3" Central Business District with office buildings.
DEVELOPMENT The surrounding area mostly consists of older office buildings that
HISTORY: were primarily constructed between the 1930's and 1980's.
BUFFERS/
SCREENING/ No buffers or landscaping would be required for this request.
LANDSCAPING
REQUIRED:
DRAINAGE: The vacate request would not appear to have a negative impact
upon drainage conditions in the area.
FLOODPLAIN: The area being vacated is located in Zone-X, 500-Year Floodplain,
protected by the flood control levee, as indicated by the Federal
Insurance Administration's Flood Insurance Rate Map, Community
Number 190025 and Panel Number 0302F, dated July 18, 2011.
PUBLIC /OPEN There are no schools within the immediate vicinity. The River Loop
SPACES/ SCHOOLS: Expo Plaza is located approximately three blocks to the southwest
of the vacate area.
Vacate 4`h Street ROW—Between Cedar Street and Commercial Street, Page 1 of 2
Page 62 of 158
October 3,2017
UTILITIES: WATER, An easement will need to be retained over the Right-of-Way to be
SANITARY SEWER, vacated. There is a 30" sewer line in the alley northeast of the
STORM SEWER, ETC: vacate area, Mid-American electrical transmission
lines/transformer, 10" waterline/private services, and storm sewer
line that crosses the vacate area. Cedar Street and Commercial
street both contain 10" storm sewer lines just past West 4th Street.
RELATIONSHIP TO The Future Land Use Map designates this area as Commercial.
COMPREHENSIVE The proposed vacate request would be in conformance with the
LAND USE PLAN: Comprehensive Plan and Future Land Use Map for the area.
STAFF ANALYSIS — The applicant is requesting to vacate a portion of West 4th Street
ZONING right-of-way, located between Cedar Street and Commercial Street.
ORDINANCE: The area is the former location where West 4th Street was located
before it was relocated to the southeast. After the road was
relocated, the area was left as right-of-way, but a city owned
parking lot was constructed on it. The area is not needed for public
purposes, and has potential for redevelopment, although an
easement will need to be retained over the entire vacate area due
to multiple utilizes within the vacate area.
STAFF ANALYSIS —
SUBDIVISION There is no platting as a part of this request.
ORDINANCE:
STAFF Therefore, staff recommends that the portion of West 4th Street
RECOMMENDATION: right-of-way, located between Cedar Street and Commercial Street
be approved for the following reasons:
1. The vacate request would not appear to have a negative
impact on the surrounding area, and the right-of-way does
not appear to be needed for any future street purposes.
2. The request would not appear to have a negative impact
upon pedestrian and traffic conditions within the surrounding
area.
3. The request would not appear to have a negative impact
upon drainage conditions in the area.
Subject to the following conditions:
1. That an easement will be retained for the entire right-of-way
area to be vacated.
Vacate 4`h Street ROW—Between Cedar Street and Commercial Street, Page 2 of 2
Page 63 of 158
City of Waterloo Planning, Programming and Zoning Commission
October 3, 2017
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Feet , ' Page 64 of 158
City of Waterloo Planning, Programming and Zoning Commission
October 3, 2017
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Feet , ' Page 65 of 158
Index Legend
Location Portions of Lots 5, 19, 20, 21, 22, 23, 24, and 36, the
Description: platted east-west alley, and Bridge Street, in Mill
Square, City of Waterloo„ Iowa
Requestor: Noel Anderson, City of Waterloo
Proprietor: City of Waterloo
Surveyor: William W. Castle
Surveyor City of Waterloo Engineering Department
Company: 715 Mulberry Street, Waterloo, IA 50703
Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312
Mcit Of SUrVey
Parcel "L" of the NE ?/4, Sec. 26, T89N, R 13W,
City of Waterloo, Black Hawk County, Iowa
Parcel "L" Description:
The southeasterly 20 feet of Lots 5, 19, 20, 21, 22, 23, 24, the southeasterly 20 feet of the southwesterly 5 feet of Lot 36,
the southeasterly 20 feet of the platted east-west 15 foot public alley, and that portion of Bridge Street between Commercial
Street and Cedar Street, all in Mill Square, City of Waterloo, Black Hawk County, Iowa, more particularly described as
follows:
Beginning at the southwesterly corner of Lot 4, Mill Square; thence North 49°04'04"West degrees 60.00 feet along the
northeasterly line of Commercial Street to the southeasterly corner of Lot 5, Mill Square; thence continuing North 49°04'04"
West 20.00 feet along said northeasterly line to the southwesterly corner of the southeasterly 20 feet of said Lot 5; thence
North 41003'14" East 305.00 feet along a line 20 feet normally distant to and parallel with the northwesterly line of Bridge
Street to the northeasterly line of the southwesterly 5 feet of Lot 36, Mill Square, said line also known as the southwesterly
line of Cedar Street as presently established; thence South 49004'04" East 20.00 along said northeasterly line to the
northwesterly line of Bridge Street; thence continuing South 49°04'04" East 60.00 feet along the southeasterly extension of
the aforesaid northeasterly line to the southeasterly line of Bridge Street; thence South 41°03'14"West 305.00 feet along
the southeasterly line of Bridge Street to the point of beginning, containing 24,400 square feet(0.56 acres) and subject to
an easement over, under, upon, and across the described parcel for public utilities.
The northeasterly line of Parcel K of the NE 114 of Section 26, Township 89 North, Range 13 West of the 5th Principle
Meridian, also being the southwesterly right-of-way line of Commercial Street, is assumed to bear North 49°04'04"West for
the purpose of this description.
Survey [Votes:
1. The Bearings shown on this survey are derived from GPS observations
using the Iowa State Plane Coordinate System, North.Zone, NAD 83
(2011).
2. All dimensions are in US Survey feet and decimals thereof.
3. Parcel letter"L" assigned by the Black Hawk County Auditor's Office on
September 28, 2018.
Plat of Survey
Parcel "L" of the NE 1/4, Sec. 26, T89N, R 13W,
City of Waterloo, Black Hawk County, Iowa
Survey Notes: Plat Legend:
1. The Bearings shown on this survey are derived from GPS observations using • Found Monument
the Iowa State Plane Coordinate System,North Zone, NAD 83(2011). O Set 518"x 24"Rebar
2. All dimensions are in US Survey feet and decimals thereof. wlBlue Plastic Cap
3. Parcel letter"L."assfgned by the Black Hawk County Auditor's Office on "Iowa-19715"
September 28,2018. ® Cut"X"in concrete,
4. *-Record Survey Plat Doc. Number 2018-3229 found or set 0 40 80
123.45' Record Measurement
(123.46) Field Measurement Scale: 1 inch=80 feet
Lot t13
1«n j 0 n AA C11 ------ —
Lot 32
'res
Placed°x" Cedar Street 5o,ROW g0' ($0.00')
-
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Page 69 of 158
City of Waterloo Planning & Zoning Department
715 Mulberry Street,Waterloo, Iowa 50703
(319)291-4366
Offer to Vacate and Purchase City Right-of-Way
Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement
LJ Sale of City-Owned Property,
e1,01 -7 -21
,) Address: ?��64j /,Ie/ Phone No.:
Applicant:j L_11�y
General Description of Property to Vacated(i.e.-alley between A St. & B St., South of C St.):
Legal description of area to be conveyed,vacated,or encroached: 'FI.310,
1. A non-refundable filing fee(s)shall be made as follows(checks payable to City of Waterloo):
Right-of-way vacation—One Hundred Seventy Five Dollar($175.00) Filing Fee
• Easement or sidewalk vacation—Seventy Five Dollar($75.00) Filing Fee
• Encroachment---One Hundred Dollar($100.00)Filling Fee
• Sale of city-owned property not required to be vacated—No Fee
• Any request not meeting the Sale of Property Policy--One Hundred Dollar($100.00)Fee
2. Offer Price*[Note: If the offer price meets the Sale of Property Policy(see attached)the request will not be
required to be reviewed by the Building& Grounds Committee]
• Asking price(see attached Sale of Property Policy for how calculated):
• Deductions
• May decrease price by 50%for area located within an easement:
• May decrease price for the City tax that will be collected on
the land within 5 yrs(8 yrs inside of the CURA):
• Costs (surveying& misc., demolition,remove of curbs, etc):
Asking price—Deductions=Value of Property:
Offer Price for Entire Area:
Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase
City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated.
Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City
Council.Any such applicant shall need to request review to Building and Grounds through a City Council member.
3. Publication and Recording Fees*: At the time a buyer(s)has been selected, all publication costs and
recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers.
4. Easement*: The following casement shall be retained:
..............................
5. Other: Please provid a site pl-it and r aeri I photo of the area to be vacated if the request involves
adt
di as the r>ascn f r th request,
Applicant Date
*Not required for easement vacates sidewalk vacates or Encroachment Agreements
Page 70 of 158
Vacate Request — Adjacent to 501-503 Commercial Street
It
Looking southwesterly towards the vacate Looking northeasterly towards the vacate
area. 501-503 Commercial Street is on the area.
right side of the picture.
,
�„ � /11,�f%%////l/%���, i%�/ /��' � ✓ /// //iia/rotor/ /iii<wr�i aoo ;,, '„r,
Looking northeasterly from the vacate are Looking across West 4th Street at existing
at 10 West 4th Street. commercial development and the parking
ramp.
Page 71 of 158
CITY OF WATERLOO
Council Communication
Bonds.
City Council Meeting: 10/15/2018
Prepared:
REVIEWERS:
Department Reviewer Action Date
�:^nig imneed'lamp; i p ngby, 1" mcy A.pproved G 0/p 0/20 tl 8 .... tl p-07 AM
ATTACHMENTS:
Description Type
❑ 1.3orids for couineip aapjprovaap p Op 15.18 p:::laac°kup:r l ammlaap
SUBJECT: Bonds.
Page 72 of 158
BONDS FOR COUNCIL APPROVAL
October 15, 2018
RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00
IA5139342 MOLITOR, LLC dba MOLITOR UTILITIES MARION, IA
Page 73 of 158
CITY OF WATERLOO
Council Communication
2019 1-Ton Single Cab Pickup Truck with Plow Attachment.
City Council Meeting: 10/15/2018
Prepared: 10/9/2018
REVIEWERS:
Department Reviewer Action Date
11 ll 1rraffic Operilions Even, L_eA. n Approved 10/10/20G ... � V:18 AM
ATTACHMENTS:
Description Type
Motion to receive and file proof of publication of notice of public hearing_
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of specifications; form of contract, etc.
SUBJECT: Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids.
Resolution approving award of contract to Bill Cowell Ford of Hudson,
Iowa, in the amount of 542,713, for the purchase of a 2019 1-ton single cab
pickup truck with plow attachment, for the Traffic Operations Department.
Submitted by: Submitted By: Sandie Greco, Interim Public Works Director
Recommended Action: Recommend Approval
On a rotating basis - the truck is needed to replace a 2003 Pickup that is
Summary Statement: used for sign replacement and plowing snow. The 2003 truck is corroded
and is in poor condition mechanically.
Expenditure Required: $40,000.00
Source of Funds: GO Bond - 416-17-7120-2117
Policy Issue: Strategy 2.2: Enlist all City departments and staff members in efforts to
promote a safer community.
Page 74 of 158
(1) 2019 1-ton pickup truck with snow plow
for the Traffic Operations Department
Bid Opening: October 11, 2018
Estimate: $40,000.00
Bidder Bid Amount
Bill Colwell Ford
H $42,713.00
Hudson, IA
Dick Witham
Waterloo, IA $44,803.00
Page 75 of 158
CITY OF WATERLOO
Council Communication
2019 Snow Blower for John Deere Endloader.
City Council Meeting: 10/15/2018
Prepared: 10/9/2018
REVIEWERS:
Department Reviewer Action Date
11 t1 raffic Operations Even, L-eA.nnn Approved 10/10/20G .27 AM
ATTACHMENTS:
Description Type
❑ 13id 'Ta1l)tflaation Baac.La.tp l aamlaai
Motion to receive and file proof of publication of notice of public hearing_
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
SUBJECT: Resolution confirming approval of specifications; form of contract. etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids and refer to
the Interim Public Works Director for review.
Submitted by: Submitted By: Sandie Greco, Interim Public Works Director
Recommended Action: Recommend Approval
On a rotating basis - the Snow Blower is needed to replace the 1990 SnoGo
Summary Statement: currently being used by the Street Department. SnoGo broke down a
number of times the last year. Replacement parts are becoming obsolete.
Expenditure Required: $110,000.00
Source of Funds: GO Bond Funding
Policy Issue: Strategy 2.2: Enlist all City departments and staff members in efforts to
promote a safer community.
SnoGo was purchased as used equipment a number of years ago. If there is
Background Information: a major breakdown- snow will not be picked up and hauled away in the
downtown area.
Page 76 of 158
(1) Snow Blower for Street Department
Bid Opening: October 11, 2018
Estimate: $110,000
Bidder Bid Amount
Fair Manufacturers, Inc.
Yankton, SD $88,110.00
Trans-Iowa Equipment
$130,082.00
Ankeny, IA
Page 77 of 158
CITY OF WATERLOO
Council Communication
2019 Service Truck for Street Department.
City Council Meeting: 10/15/2018
Prepared: 10/9/2018
REVIEWERS:
Department Reviewer Action Date
11 t1 rraaflic Operaalnons Even, L-eA. n Appn-oved 10/10/20G .22 AM
ATTACHMENTS:
Description Type
❑ 1.3 id Ta1l)tfla tion Baac.La.tp l aamlaai
Motion to receive and file proof of publication of notice of public hearing_
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of specifications; form of contract, etc.
SUBJECT: Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids.
Resolution approving award of contract to Bill Cowell Ford of Hudson,
Iowa, in the amount of$119,149, for the purchase of a 2019 service truck for
the Street Department.
Submitted by: Submitted By: Sandie Greco, Interim Public Works Director
Recommended Action: Recommend Approval
Summary Statement: On a rotating basis, the truck is needed to replace a 1999 F250 Ford Service
Truck for the mechanic in the Street Department.
Expenditure Required: $100,000.00
Source of Funds: GO Bond Funding
Policy Issue: Strategy 2.2: Enlist all City departments and staff members in efforts to
promote a safer community.
Background Information: Service Trucks must be dependable to make calls and repairs to equipment
and vehicles out on routes.
Page 78 of 158
(1) 2019 - Service Truck for Street Department
Bid Opening: October 11, 2018
Estimate: $100,000
Bidder Bid Amount
Bill Colwell Ford, Inc.
$119,149.00
Hudson, IA
Thompson Truck& Trailer
D $119,338.00
Dubuque, IA
Page 79 of 158
CITY OF WATERLOO
Council Communication
FY 2019 Recycling Processing Facility to Support the City of Waterloo's Curbside Recycling Program.
City Council Meeting: 10/15/2018
Prepared: 10/9/2018
REVIEWERS:
Department Reviewer Action Date
11 p1 raaffic tpp err loses Even, l: eA.nna Approved l0/10/2018 :30 AM
ATTACHMENTS:
Description Type
❑ 13id 'Tal)aauaDtion1 p:::laac.La.ap:r l aamlaap
Motion to receive and file proof of publication of notice of public hearing_
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
SUBJECT: Resolution confirming approval of plans, specifications, forms of contract;
etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids and refer to
the Interim Public Works Director for review
Submitted by: Submitted By: Sandie Greco, Interim Public Works Director
Recommended Action: Recommend Approval
This service is for providing equipment site service and collection/delivery of
Summary Statement: materials from curbside recycling and the processing and ultimate marketing
and disposal of materials thereby generated.
Expenditure Required: $55,000.00
Source of Funds: Sanitation Funding- 525-15-5400-1300
Strategy 3.4 and 3.5 - Identify and implement proven cost and resource
Policy Issue: saving measures and continue to engage with local public partners to identify
cost savings, streamline efforts and improve efficiency in City operations and
activities.
Background Information: the City of Waterloo has provided curbside recycling for a number of years.
The vendor divides and separates all recyclables.
Page 80 of 158
Recycling processing facility to support
the City of Waterloo's curbside recycling program
Bid Opening: October 4, 2018
Estimate: $55,000.00
Bidder Bid Amount
Republic Services $144.54 Per Ton (Processing, Transport,
Cedar Rapids, IA Handling, Fuel Recovery Fee)
Page 81 of 158
CITY OF WATERLOO
Council Communication
Rental of Four(4) Motor Graders to Support Snow Operations.
City Council Meeting: 10/15/2018
Prepared: 10/9/2018
REVIEWERS:
Department Reviewer Action Date
11 t1 raaffic Operitlons Even, L-eA.nna Approved 10/10/20G -36 AM
ATTACHMENTS:
Description Type
❑ 1.3 id ,1"al)t uaDtion1 Backup Maatc,lai
Rental of four(4)motor graders to support Snow Operations.
Motion to receive and file proof of publication of notice of public hearing_
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of specifications; form of contract, etc.
SUBJECT: Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids.
Resolution awarding the contract to Ziegler Cat of Postville, Iowa, in the
amount of 87.000 per grader,2er month for a total of$112,000, in con-junction
with the rental of four(4 motor graders to support snow operations, and
authorize the Mayor to execute said document.
Submitted by: Submitted By: Sandie Greco, Interim Public Works Director
Recommended Action: Recommend Approval
Summary Statement: The need for four(4)motor graders to support snow operations from
November 15, 2018 thru March 15, 2019.
Expenditure Required: $128,000.00
Source of Funds: Road Use Tax Fund - 266-19-7200-1384
Strategy 2.2 - Enlist all City departments and staff member in efforts to
Policy Issue: promote a safer community.
Strategy 3.4- Identify and improve proven cost and resource saving
measures.
Page 82 of 158
(4) Motor Graders
Bid Opening: October 11, 2018
Estimate: $128,000.00
Bidder Bid Amount
Ziegler
ZieglerIA $7,000 per grader/month
Postville,Murphy Tractor
Waterloo, IA $9,950 per grader/month
Page 83 of 158
CITY OF WATERLOO
Council Communication
Resolution approving 2018 JAG Grant#2018-DJ-BX-0916 for the FY 2018 Edward Byrne Memorial Justice
Assistance Grant in the amount of$73,914.00, 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: 10/15/2018
Prepared: 10/3/2018
REVIEWERS:
Department Reviewer Action Date
1°office Depar rmnent Kro gllm, p"rmk Approved 10/3/2018 ... 11-42 AM
t.`Ilerp( Off-we Evemm, L_eA.mm Approved 10/10/2018 .... p p:42 AM
ATTACHMENTS:
Description Type
2018 .1A(3 (�iramit A.�ti,airmi t."ove.r Memo
Resolution approving 2018 JAG Grant#2018-DJ-BX-0916 for the FY 2018
Edward Byrne Memorial Justice Assistance Grant in the amount of
SUBJECT: S73,914.00, 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: Submitted By: Captain Frank Krogh
Request that the City Council pass a resolution authorizing Mayor Hart to
receive the 2018 JAG Grant 2018-DJ-BX-0916 for the FY2018 Edward
Byrne Memorial Justice Assistance Grant(JAG) in the amount of
Recommended Action: $73,914.00, to be 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 will in part be used to pay salary,
benefits, and overtime. The JAG grant will be utilized from October 1, 2017
to September 30, 2021.
The JAG grant will in part be used to pay salary, benefit and overtime. The
Summary Statement: grant will be utilized from October 1, 2017 to September 30, 2021. 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 84 of 158
Background Information: N/A
Legal Descriptions: N/A
Page 85 of 158
U.S.Department of Justice
Office Of Justice Programs
Office of the Assistant Attorney General Washington,D.C. 20531
October 1,2018
The Honorable Quentin Hart
City of Waterloo
715 Mulberry Street
Waterloo,IA 50703-5783
Dear Mayor Hart:
On behalf of Attorney General Jefferson Sessions III,it is my pleasure to inform you that the Office of Justice Programs has
approved your application for funding under the FY 18 Edward Byrne Memorial Justice Assistance Grant(JAG)Program-
Local Solicitation in the amount of$73,914 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 of a minimum level of casb-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 tern-tination,for cause or other administrative
action as appropriate.
If you have questions regarding this award,please contact:
Program Questions,Antonio Tovar,Program Manager at(202)616-1710;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.ocfo Cibusdoj.gov.
Congratulations,and we look forward to working with you,
Sincerely,
(�Aa'4-I)
Matt Durnmen-nuth
Principal Deputy Assistant Attorney General
Enclosures
Page 86 of 158
OFFICE FOR CIVIL RIGHTS
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@Ljsdoj.gov
Website:www.ojp.usdoj.gov/ocr
OCR Letter to All Recipients
October 1,2018
The Honorable Quentin Hart
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),U.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 2013,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 littps://ojp.gov/,tboLit/ocr/vawafaqs.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 number 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 then-employment practices meet equal opportunity standards.
Page 87 of 158
3
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 Vl 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
https://www.lep,gov,
Ensuring Equal Treatment of Faith-Based Organizations and Safeguarding Constitutional Protections Related to Religion
The DOJ regulation,Partnerships with Faith-Based and Other Neighborhood Organizations,28 C,F.R.pt.38,updated in April 2016,
prohibits all recipient organizations,whether they are law enforcement agencies,governmental agencies,educational institutions,houses of
worship,or faith-based organizations,from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly
religious activities include worship,religious instruction,or proselytization. While funded organizations may engage in non-funded
explicitly religious activities(e.g.,prayer),they must hold them separately from the activities funded by the DOJ,and recipients cannot j
compel beneficiaries to participate in them. The 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,religious belief,a refusal to hold a
religious belief,or a refusal to attend or participate in a religious practice. Funded faith-based organizations must also provide written
notice to beneficiaries,advising them that if they should object to the religious character of the funded faith based organization,the funded
faith-based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the
regulation,please see the OCR's website at https:l/ojp.gov/about/ocr/partnerships,htrn.
SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,as
amended,34 U.S.C,§ 10228(c);the Victims of Crime Act of 1984,as amended,34 U.S.C.§2011 O(e);the Juvenile Justice and Delinquency
Prevention Act of 1974,as amended,34 U.S.C,§ 11182(b);and VAWA,as amended,
34 U.S.C.§ 12291(b)(13),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 Making 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 W of the
Civil Rights Act of 1964(June 2013),available at https:/iojp.gov/about/ocr/pdfs/lJseofConviction 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(ESOPs)(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.P.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 88 of 158
1
I
1
Meeting the EEOP Requirement
An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data,as well as the recipient's employment
practices,to identify possible barriers to the participation of women and minorities in all levels of a recipient's workforce. As a recipient of
DOI funding,you may be required to submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more
information on whether your organization is subject to the ESOP requirements,see https:l/ojp.gov/about/ocr/ecop,htm. Additionally,you
may request technical assistance from an EEOP specialist at the OCR by telephone at(202)616-1771 or by e-mail at
EEOPforrns@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, j
Ensuring the Compliance of Subrecipients
SAAB must have standard assurances to notify subrecipients of their civil rights obligations,written procedures to address discrimination
complaints filed against subrecipients,methods to monitor subrecipients'compliance with civil rights requirements,and a program to train
subrecipients on applicable civil rights laws. In addition,SARs 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 https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htrn,
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,
E
I
I
Sincerely,
Michael L.Alston
Director
cc: Grant Manager
Financial Analyst
Page 89 of 158
.................. ..............
U.S.Department of Justice
Office of Justice Programs
q PAGE I OF 22
Bureau of Justice Assistance
Grant
...........
1.RECIPIENT NAME AND ADDRESS(including Zip Code) 4.AWARD NUMBER: 2018-DJ-BX-0916
City of Waterloo
715 Mulberry Street 5,PROJECT PERIOD:FROM 10/01/2017 TO 09/30/2021
Waterloo,IA 50703-5783
BUDGET PERIOD:FROM 10/01/2017 TO 09/30/2021
6.AWARD DATE 10/01/2018 7.ACTION
............——------.———------------------------............
2a.GRANTEE IRS/VENDOR NO, 8.SUPPLEMENT NUMBER Initial
426005329 go
2b.GRANTEE DUNS NO.
075841684 9.PREVIOUS AWARD AMOUNT $0
---............... -----------1-1-1..........1.111.1............... .................................... --------------
3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $73,914
FY IS JAG Local —------- -------------------
I I.TOTAL AWARD $73,914
12.SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT'IS APPROVED SUBJECT"TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTI I
ON THE ATTACHED PAGE(S).
13.STATUTORY AUTHORITY FOR GRANT
This project is supported under FY t8(BJA-JAG State&JAG Local)Title I of Pub.L.No,90-351(generally codified at 34 U.S.C.10101 10726),including
subpart I of part E(codified at 34 U.S.C.10151-10158);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.'I'YPED NAME AND TITLE OF APPROVING OFFICIAL I&TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Matt Dummerrnuth Quentin Hart
Principal Deputy Assistant Attorney General Mayor
...................
17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE
AGENCY USE ONLY
--------- —---—----- ---- ----
20.ACCOUNTING CLASSIFICATION CODES 21, TDJUGT1057
FISCAL FUND BUD. DIV.
YEAR CODE ACT OFC, REG SUR, POMS AMOUNT
X B DJ 80 00 00 71911
OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2(REV.4-88)
Page 90 of 158
U.S.Department of Justice
Office of Justice Programs AWARD CON,rINUATION
as Bureau of Justice Assistance SHEET PAGE 2 OF 22
Grant
.. ......... ----------PROJECT NUMBER 2018-DJ-BX-0916 AWARD DA,rE 10/01/2018
........... .............. ----------------------------------
SPECIAL COND117ONS
L 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. Arnong other things,the CUP 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 ornission of a material fact)may be the Subject of criminal prosecution(including under 18 U.S.C. 1001 and/or 1621,
and/or 34 U.S.C, 10271-10273),and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise(including tinder 31 U.S.C.3729-3730 and 3801-3812).
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 Uniform 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
2018 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this FY 2018 award
supplements funds previously awarded by OJP Linder the same award number(e.g.,funds awarded during or before
December 2014),the Part 200 Uniform Requirements apply with respect to all funds tinder 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 2018 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"),see the OJP website at https://ojp.gov/fujiding/Part200UnifonnRequirei-nents,htm,
Record retention and access: Records pertinent to the award that the recipient(and any subrecipient("subgrantee")at
any tier)must retain--typically for a period of 3 years from the date of submission of the final expenditure report(SF
425),unless a different retention period applies--and to which the recipient(and any subrecipient("subgrantee")at
any tier)must provide access,include performance measurement information,in addition to the financial records,
supporting documents,statistical records,and other pertinent records indicated at 2 C.F.R.200.333,
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.
ON FORM 4000/2(REV.4-88)
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U.S.Department of Justice
Office ofJustice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PACE 3 OF 22
Grant
PROJECT NUMBER 2018-DJ-BX-0916 AWARD DATE 10/01/2618
SPECIAL CONDITIONS
3. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently,the"DOJ Grants Financial Guide"available at https://ojp.gov/financialguide/DOJ/index.hnn),including any
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
4. 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 OJP awards(that is,OJP 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.
5. 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 1,2016,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"0JP financial management and grant administration training"by 120
calendar days after__(1)the date of OJP's approval of the"Change Grantee Contact"GAM(in the case of a new
POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful
completion of such a training on or after January 1,2016,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 haps://www.ojp.gov/trairting/fmts.htm. 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.
6. 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 minims"
indirect cast rate described in 2 C.F.R.200.414(f),and that elects to use the"de minimis"indirect cost rate,must advise
OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200
Uniform Requirements. The"cle minimis"rate may be applied only to modified total direct costs(MTDC')as defined
by the Part 200 Uniform Requirements.
OJP FORM 4006/2(REV.4-88)
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U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 4 OF 22
Grant
PROJECT NUMBER 2018-DJ-BX-0916 AWARD DATE 10/01/2018
------------ ----------------
SPECIAL COND17YONS
7. Requirement to report potentially duplicative hinding
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 most 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 tinder this award. If so,the recipient must Promptly notify the DOJ
awarding agency(0,11?or OVW,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ
awarding agency,must seek a budget-niodification or change-of-project-scope grant adjustment notice(GAN)to
eliminate any inappropriate duplication of funding.
8. 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.sun.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information 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 OR web site
at https://ojp.gov/ftinding/Explore/SAM.Ittrii(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 he or she may own or operate in his or her name).
9. Requirement to report actual or imminent breach of personally identifiable information(Pll)
The recipient(and any"subrecipient"at any tier)Must have written procedures in place to respond in the event of an
actual or imminent"breach"(OMB M-17-12)if it(or a subrecipient)--1)creates,collects,uses,processes,stores,
maintains,disseminates,discloses,or disposes of"personally identifiable information(1`11)"(2 CFR 200.79)within the
scope of an OJP grant-funded program or activity,or 2)uses or operates a"Federal information system"(OMI3
Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PH to an OR Program Manager no later than 24 hours after an occurrence of an actual breach,or the detection of an
imminent breach.
10. 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--OR considers a"subaward"(arid therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on tire OJP web site at
littps://ojp,gov/ftinding/Explore/SLibawardAuthorizatiori.hti-ft(Award condition: All subawards("subgrants")must have
specific federal authorization),and are incorporated by reference here.
OJP FORM 4000;2(RFV.4-88)
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U.S.Department orJu9tice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 5 OF 22
Grant
PROJECT NUMBER 2018-DJ-BX-0916 AWARD DATE 10/01/20I8
SPECIAL CONDITIONS
It. Specific post-award approval required to use a noncompetitive approach in any procurement contract that Would
exceed$150,000
The recipient,and any subrecipient("subgrantee")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/NoncompetitiveProcurement,htiii
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed$150,000)),and are incorporated by reference here.
12, Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and
OJP authority to terminate award)
The recipient,and any subrecipient("subgrantee")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("subgTantees"),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
ON web site at https:Hojp,gov/fundii)g/Explore/ProhibitedConduct-Trafficking,litin(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.
13. 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 terse is defined by DOJ),
including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences.
Information 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"DOJ Grants Financial Guide").
14. Requirement for data on performance and effectiveness under the award
The recipient most collect and maintain data that measure the performance and effectiveness of work Linder 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 GPRA Modernization Act of 2010,and other applicable laws.
15. 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 funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://ojp.gov/funding/implement/TrainiiigPrinciplesForGrantees-Subgrantees.htni.
-----------------
DIP FORM 4000/2(REV.4-88)
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Bureau of Justice Assistance SHEET PAGE 6 OF 22
Grant
----------------------------- ------------
PROJECT NUMBER 2018-DI-BX-0916 AWARD DATE 10/01f2018
-------------
SPECIAL CONDITIONS
16. 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 terms of this award),or other outstanding issues that arisc in connection with audits,
investigations,or reviews of DOJ awards.
IT 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 OVW,as appropriate)during the period of perfonnance for this award,if the recipient is designated as"high-
risk"for purposes of the DOJ high-risk grantee list.
18. 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.
19. 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."
20. 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.
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]told 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 and requirements 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.eefr.gov/cgi-
bin/EM?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,Linder e-CFR"current"
data.
OJP FORM 4000/2(TEV.4-88)
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Grant
.............
PROJECT NUMBER 2018-DJ-BX-0916 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
21, 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.
22. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2018)
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,2018,are set out at
https://ojp.gov/ftinding/Explore/FY18AppropriationsRestrictiotis.litin,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("SUbgramees")must promptly refer to the DOJ Office of the Inspector General
(010)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other person
has,in connection with funds under 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,
1425 New York Avenue,N.W.Suite 7100,Washington,DC 20530;and/or(2)the DOJ 01G hotline:(contact
information in English and Spanish)at(800)869-4499(phone)or(202)616-9881 (fax),
Additional information is available from the DOJ OIG website at https:I/Oig.jLlstice.gov/liotlirie.
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24. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient("subgrantee")tinder 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 confidentiality
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 information),Form 4414(which relates to
sensitive compartmented information),or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award,the recipient—
a. represents that it neither requires nor 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
b. certifies that,if it learns or is notified that it 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 fluids,will provide prompt
written notification to the federal agency making this award,and will resume(or pennit resumption of)such
obligations only if expressly authorized to do so by that agency,
2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or
both--
a. it represents that--
(1) 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 subrecipient,contractor,or subcontractor entity that receives funds
tinder 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.
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25. Compliance with 41 U,S,C.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 of infortnation related to gross mismanagement of a 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 tinder 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 OV W,as appropriate)for guidance.
26. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513,"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.
27, Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ
If the 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 Linder this award,the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReportingCo_)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.
28Cooperating 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 tinder 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 tennination of an award(s).
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29. 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/ftnding/Explore/FFATA.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
award 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 name).
30. Required monitoring of Subawards
The recipient must monitor subawards under this 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 stibrecipient spending and monitoring of
speoific 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.
31. 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.
32, Justice Infortnation Sharing
Information sharing projects funded under this award must comply with DOYs Global Justice Information Sharing
Initiative(Global)guidelines.The recipient(and any subrecipient at any tier)must conform to the Global Standards
Package(GSP)and all constituent elements,where applicable,as described at:https://it.ojp.gov/gsp_grantcondition.
The recipient(and any subrecipient at any tier)must document planned approaches to information sharing and describe
compliance with the GSP and appropriate privacy policy that protects shared information,or provide detailed
justification for why an alternative approach is recommended.
33. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
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.
34. Compliance with 28 C.F.R..Part 23
With respect to any information technology system funded or supported by funds 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,perforin audits of the systetm,as per the regulation.Should any violation of 28 C.F.R.Part 23 occur,the
recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal finds.
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35. 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.
36, Confidentiality of data
The recipient(and any subrecipient at any tier)must comply with all confidentiality requirements of 34 U.S.C. 10231
and 28 C.F.R. Part 22 that are applicable to collection,use,and revelation of data or infomiation.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,
37. Verification and updating of recipient contact information
The recipient must verify its Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized
Representative contact information in GMS,including telephone number and e-mail address. If any information is
incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System
(GMS)to document changes.
38. 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(internet-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 BJA-fitnded 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).
39, 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 CONDITIONS
40, Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks--including 18 U.S.C.922 and 34
U.S.C.ch.409--if the recipient(or any subrecipient at any tier)uses this award to fund(in whole or in part)a specific
project or program(such as a law enforcement,prosecution,or Court program)that results in any court dispositions,
information,or other records that are"eligible records"(Under federal or State law)relevant to the National Instant
Background Check System(MICS),or that has as one of its purposes the establishment or improvement of records
systems that contain any court dispositions,information,or other records that are"eligible records"(under federal or
State law)relevant to the NICS,the recipient(or subrecipient,if applicable)must ensure that all such court.
dispositions,information,or other records that are"eligible records"(under federal or Suite law)relevant to the MICS
are promptly made available to the MICS or to the"State"repository/database that is electronically available to(and
accessed by)the MICS,and--when appropriate--promptly must update,correct,modify,or remove such NICS-
relevant"eligible records".
In the event of minor and transitory non-compliance,the recipient may submit evidence to demonstrate diligent
monitoring of compliance with this condition(including subrecipient compliance), 1303 will give great weight to any
such evidence in any express written determination regarding this condition.
41. Certification of Compliance with 8 U.S.C. 1373 and 1644(within the funded"program or activity")required for valid
award acceptance by a local government
In order validly to accept this award,the applicant local government must submit the required"State or Local
Govermnent!FY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644"(executed by the chief legal officer
ofthe 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 local government that purports to accept the award is invalid.
If an initial award-acceptance submission by the recipient is invalid,once the local government does submit the
necessary certification regarding 8 U.S.C. 1373 and 1644,it may submit a fully-executed award document executed by
the local government on or after the date of that certification.
For purposes of this condition,"local government"does not include any Indian tribe.
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41 Noninterference(within the funded"program or activity")with federal law enforcement:8 U.S.C. 1373 and 1644;
ongoing compliance
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,no State or local government entity,-
agency,or-official may prohibit or in any way restrict--(I)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 either 8 U.S.C. 1373(b)or 1644.Any prohibition(or restriction)that violates this condition is an
"infori-tiatiozi-communication restriction"under this award.
2.Certifications from subrecipients.The recipient may not make a subaward to a State,a local government,or a
"public"institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C, 1.373 and
1644,property executed by the chief legal officer of the goverrunent or educational institution that would receive the
subaward,using the appropriate form available at https://ojp,gov/funding/F,xplore/SampleCertifications-8USC1373.hti-n.
Also,the recipient must require that no subrecipient(at any tier)may make a further subaward to a State,a local
government,or a public institution ot'higher education,unless it first obtains a certification of compliance with 8
U.S.C. 1373 and 1644,properly executed by the chief legal officer of the government 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 tinder any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State,a
local goverriment,or a public institution of higher education,incurs 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 defined as one that is owned,controlled,or directly funded(in whole or
in substantial part)by a State or local government.(Such a public institution is considered to be a"government entity,"
and its officials to be"government officials.")
(3)"Program or activity"means what it means under title V1 of the Civil Rights Act of 1964(see 42 U.S.C.2000d-4a),
(4)"Immigration status"means what it means tinder 8 U.S.C, 1373 and 8 U.S.C. 1644;and terms that are defined in 8
U.S.C. 1101 mean what they mean under that section 1101„except that"State"also includes American Samoa.
(5)Pursuant to the provisions set out at(or referenced in)8 U.S.C. 1.551 note("Abolition...and Transfer of
Functions"),references to the"Immigration and Naturalization Service"in 8 U.S.C, 1373 and 1644 are to be read as
references to particular components of the Department of Homeland Security(DHS).
B.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.
IMPORTANTNOTE: Any questions about the meaning or scope of this condition should be directed to OJP,before
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award acceptance.
43. Authority to obligate award funds contingent on noninterference(within the funded"program or activity")with federal
law enforcement(8 U.S.C. 1373 and 1644);unallowable costs;notification
1,If the recipient is a"State,"a local government,or a"public"institution of higher education:
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 State,a local government,or a public institution of higher education)that is
funded in whole or in pail with award funds is subject to any"information-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 State,a 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 each subrecipient
(regardless of tier)that is a State,local government,or public institution of higher education,is in compliance with the
award condition entitled"Noninterference(within the funded'program or activity')with federal law enforcement:8
U.S.C. 1373 and 1644 and ongoing compliance."
D.Tire 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-coiiiiiiLiniCatiOTi restriction.In addition,any subaward(at any tier)to a
subrecipient that is a State,a local government,or a public institution of higher education must require prompt
notification to the entity that made the subaward,should the subrecipient have such credible evidence regarding an
information-communication restriction.
2.Any subaward(at any tier)to a subrecipient that is a State,a local goverrurrent,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 funds is subject to any information-communication restriction.
3.Absent an express written determination 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,under 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"Noninterference...8 U.S.C. 1373 and 1644
and ongoing compliance"award condition,
4.Rules of Construction
A.For purposes of this condition"inforiiiation-coiiiinLtjiication restriction"has the meaning Set Out in the
"Noninterference...8 U.S.C, 1373 and 1644 and ongoing compliance"condition.
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference...8 U.S.C. 1373 and
1644 and ongoing compliance"condition are incorporated by reference as though set forth here in Full.
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44. Noninterference(within the funded"program or activity")with federal law enforcement:No public disclosure of
certain law enforcement sensitive information
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the
award,as of the date the recipient accepts this award,and throughout the remainder of the period of perfonnance.Its
provisions must be among those included in any subaward(at any tier).
1.Noninterference:No public disclosure of federal law enforcement information in order to conceal,harbor,or shield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law(including 8
U.S.C. 1324 and 18 U.S.C.chs. 1,49,227),no public disclosure may be made of any federal law enforcement
information in a direct or indirect attempt to conceal,harbor,or shield from detection any fugitive from justice under 18
U.S.C.ch.49,or any alien who has come to,entered,or remains in the United States in violation of 8 U.S.C.ch. 12--
without regard to whether such disclosure would constitute(or could form a predicate for)a violation of 18 U.S.C.
1071 or 1072 or of 8 U.S.C, 1324(a),
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction
A.For purposes of this condition--
(t)the term"alien"means what it means under section 101 of the Immigration and Nationality Act(see 8 U.S.G.
1101(a)(3));
(2)the term"federal law enforcement information"means law enforcement sensitive information communicated or
made available,by the federal government,to a State or local government entity,-agency,or-official,through any
means,including,without limitation--(1)through any database,(2)in connection with any law enforcement
partnership or-task-force,(3)in connection with any request for law enforcement assistance or-cooperation,or(4)
through any deconfliction(or courtesy)notice of planned,imminent,commencing,continuing,or impending federal
law enforcement activity;
(3)the term"law enforcement sensitive information"means records or information compiled for any law enforcement
purpose;and
(4)the term"public disclosure"means any communication or release other than one(a)within the recipient,or(b)to
any subrecipient(at any tier)that is a government entity.
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
'program or activity')with federal law enforcement:8 U.S.C. 1373 and 1644 and ongoing compliance"award
condition are incorporated by reference as though set forth here in full.
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SPEC7AL CONDITIONS
45, Noninterference(within the funded"program or activity")with federal law enforcement:Interrogation of certain aliens
SCOPE.This condition applies 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. Its provisions must be among those included in any subaward(at any tier).
1.Noninterference with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations--including 8 U.S.C. 1357(a),under which certain
federal officers and employees"have power without warrant...to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States,"and 8 C.F.R.287.5(a),under which that power may be exercised
.,anywhere in or outside the United States"--within the funded program or activity,no State or local government
entity,-agency,or-official may interfere with the exercise of that power to interrogate"without warrant"(by agents of
the United States acting under color of federal law)by impeding access to any State or local goverturient(or
government-contracted)correctional facility by such agents for the purpose"interrogat[ing]any alien or person
believed to be an alien as to his[or her]right to be or to remain in the United States."
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction
A.For purposes of this condition:
(1)The term"alien"means what it means tinder section 101 of the Immigration and Nationality Act(INA)(see 8
U.S.C. 1101(a)(3)).
(2)The term"correctional facility"means what it means tinder the title I of the Omnibus Crime Control and Safe
Streets Act of 1968(see 34 U.S.C, '10251(a)('7)).
(3)The term"impede"includes taking or continuing any action,or implementing or maintaining any law,policy,rule,
or practice,that--
(a)is designed to prevent or to significantly delay or complicate,or
(b)has the effect of preventing or of significantly delaying or complicating.
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
'program or activity')with federal law enforcement:8 U.S.C. 1373 and 1.644 and ongoing compliance"award
condition are incorporated by reference as though set forth here in full.
..........
OJP FORM 400012(REV.4-881
Page 105 of 158
----------
U.S.Department of Justice
Office Of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 17 OF 22
V Grant
.........................._._
PROJEc,r NUMBER 2018-D)-BX-0916 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
46, Noninterference(within the funded"program or activity")with federal law enforcement:Notice of scheduled release
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the
award,as of the date the recipient accepts the award,and throughout the remainder of the period of performance.Its
provisions must be among those included in any subaward at any tier.
1.Noninterference with"removal"process:Notice of scheduled release date and time
Consonant with federal law enforcement statutes--including 8 U.S.C. 1231(for an alien incarcerated by a State or
local government,a 90-day"removal period"during which the federal government"shall"detain and then"shall"
remove an alien from the U.S."begins"no later than"the date the alien is released from...confinement";also,the
federal government is expressly authorized to make payments to a"State or a political subdivision of the State...with
respect to the incarceration of[an]undocumented criminal alien");8 U.S.C. 1226(the federal government"shall take
into custody"certain criminal aliens"when the alien is released");and 8 U.S.C. 1366(requiring an annual DOJ report
to Congress on"the number of illegal alien[felons]in Federal and State prisons"and programs underway"to ensure the
prompt removal"from the U.S,of removable"criminal aliens")--within the funded program or activity,no State or
local govermnent entity,-agency,or-official(including a government-contracted correctional facility)may interfere
with the"removal"process by failing to provide--as early as practicable(see para.4.C,below)--advance notice to
DHS of the scheduled release date and time for a particular alien,if a State or local government(or government-
contracted)correctional facility receives from DHS a formal written request pursuant to the INA that seeks such
advance notice.
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction
A.For purposes of this condition:
(I)The term"alien"means what it means under section IN of the INA(see 8 U.S.C. 1101(a)(3)).
(2)The term"correctional facility"means what it means Linder the title I of the Omnibus Crime Control and Safe
Streets Act of 1968(see 34 U.S.C. 10251(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 the individual otherwise would have been released.
C. Applicability
(1)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)).If(e.g.,in light of the date DHS made Such request)the
scheduled release date and time for an alien are Such as not to allow for 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.
(2)Current DHS practice is to use the same form for a second,distinct purpose--to request that an individual be
OJP FORM 40=2(REV 4-88)
Page 106 of 158
------—-------------- ...........
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 18 OF 22
Grant
PROJECT NUMBER 2018-DI-BX-0916 AWARD DATE 10/0112018
----------------------- ...........
SPECIAL COND17YONS
detained for LIP to 48 hours AFTER.the scheduled release.This condition does NOT encompass such DHS requests for
detention.
D.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
.program or activity')with federal law enforcement:8 U.S.C. 1373 and 1.644 and ongoing compliance"award
condition are incorporated by reference as though set forth here in full,
47. Requirement to collect certain information from subrecipients
The recipient may not make a subaward to a State,a local government,or a"public"institution of higher education,
unless it first obtains from the proposed SUbrecipient responses to the questions identified in the program solicitation as
"Information regarding Communication with the Department of Homeland Security(DHS)and/or Immigration and
Customs Enforcement(ICE)."All subrecipient responses must be collected and maintained by the recipient,consistent
with regular document retention requirements,and must be made available to DOJ upon request.Responses to these
questions are not required from subrecipients that are either a tribal government/organization,a nonprofit organization,
or a private institution of higher education,
O.1P FORM 4000/2(REV.4-88)
Page 107 of 158
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
t Bureau of Justice Assistance SHE'ET' PAGE 19 OF 22
Grant
____.._.__.......... - .._..... ................._-........ ..._----- _
PROJECrNUMBER 2018-DJ-BX-0916 AWARD DA`E, IOPOI/2018
SPL'CIA L CONDITIONS
48. 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 it is 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 ftmds.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 1.00-year flood plain,a wetland,or habitat for endangered species,or a property listed on or
eligible for lasting 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 air
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 https://bja.gov,/Fundinglnepa.litml,for
programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subreeipients'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.
49. 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.Recipients(and subrecipients)must maintain advance payments of federal
awards in interest-bearing accounts,unless regulatory exclusions apply(2 C.F.R.200.305(b)(8)).'Erie trust fund,
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.
ON FORM 4000/2(REV.4-88)
Page 108 of 158
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
g Bureau of Justice Assistance SHEET PAGE 20 OF 22
Grant
PROJECT NUMBER 2018-DJ-BX-0910 AWARD DATE [0/01/201£9
ESPECIAL CONDITIONS
50. Prohibition on use of award fiends for match under BVP program
JAG funds may not be used as the 50%match for purposes of the DOJ Bulletproof Vest Partnership(BVP)program.
51. 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 funds from
this award may be used by an agency for body an-nor.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.
52. Body armor-compliance with NU standards and other requirements
Ballistic-resistant and stab-resistant body armor 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 NU Compliant Body
Armor Model List(https://nij.gov/topics/technology/body-anmor/Pages/compliant-ballistic-amtor.aspx).In addition,
ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely
fitted,as set forth in 34 U.S.C. 10202(c)(1)(A).The latest NIJ standard information can be found here:littps://nij.gov/
topics/technology/body-armor/pages/safety-initiative.aspx.
53. Body armor-impact on eligibility for other program,funds
The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for
funding tinder the Bulletproof Vest Partnership(BVP)program„a separate program operated by BJA,pursuant to the
BVP statute at 34 USC'10531(e)(5).
54. Reporting requirements
The recipient:must submit quarterly Federal.Financial.Reports(SF-425)and semi-annual performance reports through
OJP's GMS(https://graiits,ojp.usdoj.gov).Consistent with the Department's responsibilities tinder the Goverment
Perfonmance 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 repotting requirements webpage.Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and future Plight Risk designation.
55. 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.
56. Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute,unless,as
set forth at 34 U.S.C. 10152,the BJA Director certifies that extraordinary and exigent circumstances exist,malting such.
expenditures essential to the maintenance of public safety and good order.
_.._...a_....._....-------- ---
OJP FORM 4000/2(REV.4-88)
Page 109 of 158
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 2.1 OF 22
Grant
PROJECT NUMBER 2018-DJ-BX-0916 AWARD DATE 10/0112018
SPECII14L CONDITIONS
57. Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1,20117
"I`he 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 1,24)17),however,the recipient may choose to incur
project costs using non-federal funds,but any such project costs are incurred at the recipient's risk until,at a
minimum--(1)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 tine
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 funds 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 of the 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 funds that would,in the
absence of federal funds,be made available for law enforcement activities.
55. 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 COD]S.
59. Three percent set-aside for NIBRS compliance
Tire recipient must ensure that at least 3 percent of the total amount of this award is dedicated to achieving full
compliance with the FBI's National Incident-Based Reporting System(NIBRS),unless the FBI or appropriate State
official has certified that the recipient locality is already NIBRS compliant,and evidence of this has been submitted to
and approved by BJA. The recipient will be required by BJA to make revisions to budgets that do not clearly indicate
what projects will be supported by this 3 percent set-aside,unless evidence of NIBRS compliance has been submitted
to and approved by BJA.Recipients serving as fiscal agents for."disparate jurisdictions,"(as defined at 34 USC
101.56(d)(4))have to pass this requirement through to in subawards to other localities in the disparate jurisdiction,so
that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance,
unless,with respect to each locality in the disparate jurisdiction group,evidence of NIBR.S compliance has been
submitted to and approved by BJA.
On'FORM 4000/2(REV.4-88)
Page 110 of 158
................
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 22 OF 22
Grant
—----------------------
_._w_.__............
PROJECTNUMBER 2018-DJ-BX-0916 AWARD DATE 10/01/2018
SPECIAL CONDITIONS
60. 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
fthe recipient does not yet have a My BJA account,please register at hops;//www,bja.gov/prorile.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/Success StoryList aspx.
61. Withholding of funds:DHS questions
The recipient may not obligate,expend or drawdown funds until the Office of Justice Programs has received and
approved the required application attachnient(s)described in the program solicitation as"Information regarding
Communication with the Department of Homeland Security(DHS')and/or Immigration and Customs Enforcement
(ICE),"and has issued a Grant Adjustment Notice(GAN)releasing this special condition.
61 Withholding of funds! Budget narrative or information
The recipient may not obligate,expend,or draw down any award fiords until the recipient submits,and OJP reviews
and accepts,the required budget information or narrative for the award,and a Grant Adjustment Notice(GAN)has
been issued to remove this condition.
63. Withholding of funds: 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; Disclosure of lobbying
The recipient may not obligate,expend,or draw down any funds under this award until it has provided to the grant
manager for this OJP award a complete Disclosure of Lobbying Activities(SF-LLL)form,and OJP has issued a Grant
Adjustment Notice to remove this special condition.
65. Recipient may riot obligate,expend or drawdown fiords until the Bureau of Justice Assistance,Office of Justice
Programs has received and approved the required application attachment(s)and has issued a Grant Adjustment Notice
(GAN)releasing this special condition.
66. 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 111 of 158
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Hlashb�gion,D.C, 20531
Memorandum To: Official Grant File
From: Orbin Terry,NEVA 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 funding must assist BJA in complying with NEPA
and other related federal environmental 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 requiring 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 I00-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 methamphetamine 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/FLinding/nepa.htmi.
Please be sure to carefully review the grant conditions on your award document,as it may contain more specific
information about environmental compliance.
Page 112 of 158
----------
U.S.Department of Justice GRANT MANAGER'S MEMORANDUM,111'.J:
Office of Justicc Programs PROJECT SUMMARY
Bureau of Justice Assistance
Grant
PROJECT NUMBER
PAGE I OP 1.
2019-DJ-BX-0916
This project is supported tinder FYI8(BJA-JAG State&JAG Local')Title I of Pub.L.No.90-351(generally codified at 34 U.S.C.1010'1-10726),including
subpart I of part E(codified at 34 U.S.C.1.0151-1.0158);see also 28 U.S.C.530C(a)
1.STAFF CONTACT(Name&telephone number) 2.PROJECTDIRG;CTOR(Name,address&telephone number)
Antonio Tovar Jason Feaker
(202)616-1710 Lieutenant
715 Mulberry Street
Waterloo,IA 50703-5783
(319)291-4364
3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS
BJA EY 18 Edward Bymc Memorial Justice Assistance Grant(,JAG)ProgramProgram-Local Solicitation ON REVERSE)
4.TITLE OF PROJECT
FY 18 JAG Local
--........-------------..------------ ... _.__
5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE
City of Waterloo
715 Mulberry Street
Waterloo,IA 50703-5783
T PROGRAM PERIOD 8.BUDGET PERIOD
FROM: 10/01/2017 TO: 09/30/2021 FROM: 10/01/2017 TO: 09/30/2021
-._.—.. ...... -............ ................ -
9.AMOUNT OF AWARD 10.DATE OF AWARD
S 73,914 10101/2018
11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT
._......
13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGETAMOUNT'
-----__..._._____.__............_ ..........
I5.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 arid local initiatives,technical assistance,
training,personnel,equipment,supplies,contractual support,and information systems for criminal justice,including for any one or more of the 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 arid corrections programs,including behavioral programs and crisis intervention teams.
I'his Local JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above.Any equipment
purchases or funded initiatives such as overtime,task forces,drug programs or information sharing,will be aimed at reducing crime and enhancing public and
_.........._.--------
OJP FORM 4000/2(REV.4-88)
Page 113 of 158
officer safety,
NCA/NCF
In the case of a disparate application,replace the second paragraph above with this;
a
This Local JAG award will be shared by the County and one or more jurisdictions identified as disparate within the current Fiscal Year eligibility list
(www.bja.gov/Jag).JAG funding will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above.Any
equipment purchases or funded initiatives such as overtime,task forces,drug programs,information sharing,etc,will be aimed at reducing crime andfor enhancing
public/officer safety,
NCA/NCF
i
f
i
i
i
j�
1
I
I
Page 114 of 158
CITY OF WATERLOO
Council Communication
Resolution approving Amendment No. 1 to the Customer Agreement with Sensys Gatso USA, Inc., to
provide the Police Department with additional equipment, and authorize the Mayor to execute said document.
City Council Meeting: 10/15/2018
Prepared: 10/4/2018
REVIEWERS:
Department Reviewer Action Date
Flo ce Depart m nt "ll rrellka, Daum ne^ Approved G 0/4/2 018 5o 3 PM
(.1erk Op'pnce Evern, L_eA.min Approved p 0/10/ 018 ... p p:43 AM
ATTACHMENTS:
Description Type
Jicapy 24, 20�7 Approved Ciii.storner .p,r�enierntt t::'ovet Menlo
Annnenndnwrit Nop. Cov°ir Menlo
Resolution approving Amendment No. 1 to the Customer Agreement with
SUBJECT: Sensys Gatso USA; Inc., to provide the Police Department with additional
equipment, and authorize the Mayor to execute said document.
Submitted by: Submitted By: Daniel J. Trellia, Chief of Police
Recommended Action: Approve the resolution.
The amendment brings language in the July 24, 2017 contract up-to-date. It
also covers providing the police department with additional equipment. The
additional equipment will be six enforcement tablets. I had a vision to make
issuing a traffic citation as simple as sending a text. I contacted our ATE
(Automatic Traffic Enforcement) contractor(Sensys Gatso USA, Inc.) and
they developed a program and acquired equipment to do just that. Officers
will use these handheld enforcement tablets to issue citations. These citations
will have no court costs, will not go on a person's DOT driving record, and
will follow the same fee structure as the citations issued by our cameras.
Gatso will maintain the records, maintain the equipment, provide customer
Summary Statement: service to those cited, and collect the fines. The fee, as per the amendment,
will be $20 per paid citation issued utilizing the enforcement tablet. We are
the first police department in the country to utilize such a process. Gatso had
to specifically develop it for us. Thus the one-time $5,300 implementation fee
listed in the amendment. The $5,300 will be paid in six(6) equal installments
by Gatso withholding funding from paid citations, as per the amendment.
This will not be a problem at all as the net paid to the city over the past two
months with a current system running at only about 20% of capacity(the red
light cameras are not yet up. They will be by the end of the year)was around
$90,000.
Source of Funds: Funded by paid citations.
Page 115 of 158
Policy Issue: Conforms to current ordinance.
Page 116 of 158
Coversheet Page 1 of 1
CITY OF WATERLOO
Council Communication
Resolution approving a Customer Agreement with Gatso USA,Inc.of Beverly,Massachusetts,for a fee of$36.00 per paid citation for ATE
(Automated Traffic:Enforcement)services to the City of Waterloo,and authorize the Mayor and City Clerk to execute said documents.
City Council Meeting:7/24/2017
Prepared:7/18/2017
ATTACHMENTS:
Description Type
0 Customer Agreement Cover Memo
0 Board Bylaws Cover Memo
Resolution amrovina a Customer Agreement with Gatso USA Inc.of Beverly,Massachusetts for a
SUBJECT: fee of$36.00 INr paid citation for ATE Automated Traffic Enforcement services to the Ci!y of
Waterloo and authorize the Mayor and City Clerk to execute said documents, j
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Submitted by: Submitted By:Daniel I Trelka.Chief of Police
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Recommended Action: Approve resolution,
The Customer Agreement has been reviewed by the City Attorney,the City Clerk,and the Chief of
Summary Statement: Police.Two attachments are included:The Customer Agreement and a draft of the Board Bylaws for
the required Administrative Hearing process.
Expenditure Required: None
This resolution conforms to the following of the Waterloo Strategic Plan:
Policy Issue: Strategy 2.1(Training,staffing,and community programming)
Strategy 2.2(Safety)
Strategy 3.1 (Revenue)
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https:l/waterloo.novusagenda.com/agendapublic/Coversheet.aspx?ItemlD=9061&Meetingl... 1074/2018
Customer Agreement
This Customer Agreement("Agreement")is made on[Insert Date]:(the"Effective Date"), between Gatso
USA, Inc.,a Delaware corporation with a principal business address at 900 Cummings Center,Suite 222-
T,Beverly,Massachusetts 01915 ("Gatso")and the City of Waterloo, Iowa with a principal business
address at 715 Mulberry Street, Waterloo,Iowa 50703 (the"City").
WHEREAS,the City wishes to retain the technology and business services of Gatso to provide an I
automated red-light and speed enforcement program as further defined in Section 3.2 of this Agreement
(the"Services"), as part of the City's automated traffic law enforcement program; and
WHEREAS, Gatso agrees to provide the Services, including the hardware and software to
provide and implement an automated red-light and speed enforcement system ("System"), pursuant to the
terms of this Agreement;
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NOW THEREFORE,the parties mutually agree as follows:
1. AGREEMENT TERM; TERMINATION
1.1. Initial Term; Extensions. The Agreement shall commence on the Effective Date and continue for
a period of three (3) years (the "Initial Terris."). Upon expiration of the Initial Term, the
Agreement will automatically renew for two 2 subsequent two(2)year terms (each a"Renewal
Term" and, collectively with the Initial Term,the "Term"), unless either party provides a written
notice to terminate not later than thirty (30) days prior to expiration of the then-current Initial
Term or Renewal Term. Renewal Terms are subject to renewal pricing which shall be mutually
agreed upon by the parties no less than sixty(60) days prior to the expiration of the then-current
Initial Term or Renewal Term.
1.2. Termination ByAgreement. This Agreement may be terminated at any time by the mutual
written agreement of Gatso and the City.
1.3. Termination For Cause. Either party may terminate this Agreement for cause if: (a) the other
party has breached its obligations under this Agreement; (b) applicable law is amended, or the
Iowa Department of Transportation adopts a rule or other requirement, to prohibit or
substantially restrict the operation of automated traffic law enforcement systems, including the
System being provided by Gatso; or(c)any court of competent jurisdiction rules that the System,
or other similar systems, violates applicable law or cannot otherwise be used to enforce notices
of violation or citations issued hereunder. The terminating party must provide thirty (30) days
advance written notice to the other party of its intent to terminate, which notice must include the
reasons for the termination. In the case of a breach of this Agreement, the notice must provide
the other party with an opportunity to cure the breach within thirty (30) days after receipt of the
notice. No termination fee shall be required with respect to termination for cause under this
paragraph. Notwithstanding the foregoing, in the event of termination based upon (b) or (c)
above, Gatso or the City may suspend the System and all associated Services immediately upon
the effective date of such amendment or ruling, as applicable.
1.4. Termination By City For Convenience. The City may terminate this Agreement at any time at
its convenience by giving written notice to Gatso not less than sixty (60) days prior to the
termination date. If the City terminates this Agreement for convenience at any time within the
Initial Term, then the City must pay Gatso a fee in the amount of $1500 per automated
enforcement unit for each month that remains in the Initial Term as of the termination date (the
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"Termination Fee"), The Termination Fee must be paid within thirty (30) days after the
Effective.Date of Termination as defined in Section 1.5. There is no Termination Fee if the City
terminates at the end of the Initial Term or during any Renewal Term.
1.5. Cessation of Activities Except Pending Violations. On the termination date(if this Agreement is 1
terminated for convenience pursuant to Section 1.4) or on the first day after any other date of 1
termination or expiration of this Agreement ("Effective Date of Termination"), the image s
capture activities provided by Gatso under this Agreement shall cease immediately.
Nevertheless, unless otherwise prohibited by law, all photo-enforcement violations in process or
captured prior to the Effective Date of Termination, will continue until final disposition is
reached on the violations and Gatso will continue to provide Services related to the process
leading to such judgment, if any.
1.6. Removal Of Hardware, Equipment; Restoration. Upon the termination of this agreement, Gatso
shall promptly retrieve all automated enforcement units, as defined in Section 3.2, which
retrieval shall be completed no later than forty-five (45) days after the Effective Date of
Termination.
2. COMPENSATION
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2.1, Amount. The City shall pay to Gatso the following fees for the System and related
Services as set forth below:
2.2. A "Per Citation Fee" of$36.00 per paid citation for automated enforcement violations
detected by an automated enforcement unit, commencing on the first day after the
Warning Period, as defined in Section 3.5,if any, ends.
2.3. Fee Payment.
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2.3.1. Gatso shall provide an itemized invoice to the City within one day of each
violations fund sweep to the City. Each such invoice shall highlight the gross
funds received from violation payments on behalf of the City and the violations
to which such funds are attributable. Gatso shall deduct its fee per Section 2.2,
and the net amount shall be transferred from the Master Account, as defined in
Section 3.13, to the City. Net violation fund sweeps to the City shall be
scheduled to occur on or around the I" and the 15' of each month. The Town
shall have access to a shared accounting system to insure the information
included on the invoice is correct.
2.3.2. Fees are Sole Compensation. The fees required pursuant to this Section 2 shall
be Gatso's sole compensation for the Service described herein. Except as
explicitly set forth herein, all costs and expenses associated with the supply,
installation, commissioning, operation, maintenance, repair, replacement, and
removal of the System and all related hardware and equipment shall remain the
responsibility of Gatso.
3. SCOPE OF WORK
3.1. Gatso Project Manager. Gatso will designate one Gatso employee as the City's principal contact
at Gatso("Gatso Project Manager").
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3.2. The System. Gatso shall provide the City with automated photo enforcement cameras to be
installed at fixed locations as designated by the City (" Fixed Red-Light and Speed
Enforcement" units), Hand-Held speed enforcement units and Mobile speed enforcement units,
along with Violation Packages, as defined in Section 3.9, and processing of Violation Packages,
as defined in Section 3.10. Gatso shall furnish, operate, and maintain the System in accordance
with Gatso's standard installation practices. Gatso shall be solely responsible for the installation,
including, but not limited to, construction costs, of the Fixed Enforcement Units.
3.4 Signage. Gatso will provide and install standard Gatso signage for each highway that is not a
freeway that is part of the state highway system and that enters the City informing inbound
traffic that the City utilizes traffic law photo-monitoring devices to enforce traffic laws, at no
cost to the City. Gatso shall also provide non-standard signage specified by the City (such as
signs that include welcome messages, logos, or other features), but the City shall bear all extra
costs attributable to any such non-standard features. Those extra costs shall be included in the
first invoice issued by Gatso to the City.
3.5 24-Hour Operation; Warning Period. Gatso shall operate the server components of the System
on a continuous, 24-hour basis, seven (7) days per week, except for reasonable scheduled and
unscheduled downtime, including System maintenance and repairs as set forth in Section 3.6,
and Force Majeure as set forth in Section 5.4.
3.6 System Maintenance; Repairs; Logs. Gatso shall maintain the System and shall promptly repair
or replace any damaged or defective equipment at its own expense except if the damage was
caused by the negligent operation of a Handheld Speed Enforcement Unit or a City owned or
controlled vehicle. City police personnel will test the calibration of the Handheld Speed
Enforcement Unit before each deployment. Gatso will perform annual calibration of the Fixed
Location Speed Enforcement units on an annual basis, and shall provide the City with reports
showing the results of the calibration testing, and confirming that the calibration is accurate. At
least quarterly during the Term, City police personnel wit] verify calibration of the Fixed
Location Speed Enforcement units using a Gatso-supplied, GPS-enabled, speed sensor box.
Gatso shall perform preventative maintenance and cleaning of System components on a
regularly scheduled basis, including review, cleaning and testing of camera settings and
operation, communications, and other System components. Gatso will use commercially
reasonable efforts to notify the City and initiate repairs to the System within forty-eight (48)
hours after identification of any damage, defect, or material issues relating to calibration or
accuracy of speed measurement.
3.7 System Upgrades. In the event Gatso makes upgrades to the software or related performance
capabilities of the System generally available to its customers, Gatso will provide such upgrades
without charge to the City.
3.8 City Personnel Training. Gatso will provide System training, including training documentation,
to City personnel designated by the City.
3.9. Images and Data; Violation Package. Gatso will upload encrypted violation images and
embedded violation data to a Gatso server in a timely manner. Gatso shall correlate images and
data with DMV records, and shall assemble the images and data into an electronic violation
package (a "Violation Package") in such a manner to allow the City to carry out those
responsibilities set forth in Section 4.4 of this Agreement.
3.10. Processing Of Violation Package. Gatso shall process Violation Packages through a system that
utilizes commercially reasonable security protocols and that shall be accessible by the City's
Police Department through the internet to review, and approve or reject, each violation before a
notice of violation is issued related to that violation. Gatso shall notify the City of the list of
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supported web browsers for accessing this system. Gatso will use commercially reasonable
efforts to process violation images and send a Violation Package to the City's Police Department
for review within seven (7) business days after the violation has occurred. Gatso shall provide
reasonable aid and assistance in the prosecution of citations issued hereunder, including the
provision of witnesses, as may be required in a court or quasi-judicial panel of competent
jurisdiction,at no charge to the City.
3.11.Notices of Violation. After the City's review and approval of a violation as set forth in Section
4.4, Gatso shall issue a notice of violation with images and data related to the notice of violation
by mail within ten (10) days. The citation shall include images of the alleged traffic law
infraction, and shall be in a form mutually agreed upon by the parties. The System shall allow
the registered owner or owners of a cited vehicle to review the images and data related to the
notice of violation,through the web-portal by using a unique identifier code issued as part of the
notice of violation. Additionally, Gatso will maintain a toll-free telephone number for registered
owners to discuss notices of violation and make payments, with hours of 8:00 a.m. to 5:00 p.m.
(Eastern) Monday through Friday, not including state and federal holidays. With respect to any
registered owner who has not paid the citation within 30 days of mailing of the notice of
violation, Gatso shall send a 2"a notice, in a form mutually agreed upon by the parties. With
respect to any registered owner who has not paid the citation within thirty days of mailing of the
21 notice, Gatso shall send a 3`d notice, which shall also .include language requiring the violator
to pay and all costs of collection activity with respect to such citation, .in a form mutually agreed
upon by the parties.
3.12.Pa ment Methods,• Collection of Infraction Fees. Gatso shall provide the registered owner or
owners of a cited vehicle the following payment methods: "pay by web," "pay by telephone,"
and "pay by mail"for the payment of notices of violation issued through the System. Gatso may
pass through to violators any reasonable credit card convenience fees imposed upon Gatso by its
suppliers for violations paid by credit card ("Credit Card Convenience Fee"). Any registered
owner that does not wish to pay the Credit Card Convenience Fee may remit payment to Gatso
by mail in the form of a money order or check drawn upon a U.S. bank. The City shall have no
obligation for the payment of any Credit Card Convenience Fees.
3.13.Collection of Infraction Fees. Gatso will collect infraction fees from those who voluntarily pay
in response to notices issued by Gatso, and shall place such fees in a separate account with a
banking institution accessible to the City ("Master Account"). The account shall be established
in a manner which permits: (a) funds to be swept to a City-designated bank account by Gatso;
and(b)and for the City to have viewing rights to the Master Account.
3.14.Further Action by Ci1y. If a registered owner disputes responsibility for a violation and a
different violator is identified by the recipient of the notice of violation, then Gatso will reissue
the citation to that different violator within ten(10)days after such identification
3.15.Storaize Of Violation Packages. Gatso will store all captured violation data and images pursuant E
to the policy established by the City and communicated to Gatso prior to the Effective Date, The 1
City shall have reasonable access to the Violation Packages during the storage period.
3.16.NLETS Requirements. All authorized Gatso or subcontractor personnel reviewing the vehicle
registration information obtained via the National Law Enforcement Telecommunications
System ("NLETS") on behalf of the City shall comply with all applicable State of Iowa and
NLETS requirements.
3.17.Reports. Gatso shall make available monthly reports to the City comprised of statistics relating
to the functioning of the System, including but not limited to the number of captured violations,
the number of violations sent for Police Department approval,the number of notices of violation
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issued, the number of notices of violation paid,the number of contested notices of violation, the
amount of scheduled and unscheduled downtime of the System, and such other data as may be
reasonably requested by the City.
3.18.Public Awareness. Gatso shall assist and support the City's efforts in public education and
awareness programs, by providing information including, but not limited to, violation statistics
and violation statistic improvements. Gatso shall provide the City with a pamphlet that the City
may reproduce and distribute to City residents; such pamphlet shall include a description of the
operation of the System in non-technical terms.
3.19.Insurance. Gatso shall, during the Term of this Agreement, maintain insurance coverage in at
least the minimum amounts set forth in this Section 3.1.9.
3.19.1. Workers' Compensation and Employer's Liability with limits not less than:
Workers' Compensation: statutory
Employer's Liability: $500,000 ea. accident-injury
$500,000 ea. employee-disease
$500,000 disease-policy
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This insurance shall provide that coverage applies to the State of Iowa
3.19.2. Comprehensive Motor Vehicle Liability with .limits for vehicles owned, non-owned, or
rented of not less than $1,000,000 Bodily Injury and Property Damage Combined Single
Limit.
3.19.3. Comprehensive General Liability with limits not less than $1,000,000 Bodily Injury and
Property Damage Combined Single Limit.
3.19.4. Umbrella Liability with limits not less than $2,000,000 Bodily Injury and Property
Damage Combined Single Limit. This policy shall apply in excess of the limits stated in
3.19.1 through 3.19.3 above.
3.19.5. Gatso shall list the City as an additional insured under all the policies described in this
Section 3.19 and shall file with the City certificates of insurance reflecting the minimum
insurance coverage and limits provided in this Section 3.19 prior to commencing work on
the System.
4. CITY RESPONSIBILITIES
4.1. City Project Manager. The City will designate one City employee as Gatso's principal contact at
the City("City Project Manager").
4.2. Cooperation. The City will cooperate with Gatso during all aspects of the planning, installation,
implementation, and operation of the System and perform any other City obligations set forth in
this Agreement including but not limited to the calibration activities described in Section 3.6.
4.3. Operation of Hand-Held Speed Enforcement Units. To promote community safety, the City
agrees to: (a) follow reasonable industry practices in or Hand-Held and (b) download all
violations detected by the Hand-Held or Mobile Speed Enforcement units in a timely manner
which shall in no event exceed forty-eight(48)hours following detection. If, during any four(4)
consecutive weeks during the Term, the City fails to utilize one (1) or more Hand-Held Speed
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Enforcement unit for at least ten (10) hours per week, in addition to any other remedies it may
have hereunder, Gatso may, at its sole discretion,remove any such Handheld Speed Enforcement
unit that has been underutilized from the Service.
4.4. Review Of Violations. The City will provide sworn City police officers, community service
officers or any other City employee designated by the City to carefully review each Violation
Package to determine whether: (a) the violation is approved and notices of violation can be
mailed; or(b)the violation is rejected. If the violation is rejected,the City Project Manager will
report to Gatso the basis for the rejection. The City is solely responsible for determining which
violations identified by Gatso are issued as citations.
4.5. Access to Information Services. To the extent required by NLETS,the City will provide written
authorization (in a form reasonably acceptable to the City) for Gatso and its subcontractors to
perform Motor Vehicle Division (Iowa Bureau of Motor Vehicles) inquiries on behalf of the
City.
4.6. Collection of Unpaid Fines. In the event a violator fails to pay or contest a notice of violation as
set forth in the 31 notice described in Section 3.11, the City shall refer such matters to a third-
party collections agency or law firm to recover all costs of the fines, including collections costs
and expenses for failure to pay in a timely manner. Any citations that are paid through the
collections process described in this section will be deemed citations paid for the purposes of
Section 2.1. If the City fails to timely engage a collections agency or law firm, Gatso may, at its
option and expense, retain such an agency to recover such fines and costs, and any amounts
recovered by Gatso in this manner will be subject to the terms of this Agreement.
5. GENERAL PROVISIONS �
5.1. Indemnification Obligations.
To the extent not prohibited by the constitution or laws of the State of Iowa, the City shall
indemnify, defend, and bold harmless Gatso and its affiliates, shareholders or other interest
holders, managers, officers, directors, employees, agents, representatives and successors,
permitted assignees and all persons acting by, through, under or in concert with them
(including but not limited to equipment suppliers and installers) (the "Gatso Indemnitees")
from and against any and all third party claims arising out of or related to:
a. any material breach.of the representations and warranties of the City set forth in
Section 5.3.2;
b. negligence or misconduct of the City or its employees,contractors, or agents that
results in bodily injury to any natural person (including third parties) or any
damage to any real or tangible personal property(including the personal property i
of third parties), except to the extent caused by the negligence or misconduct of
any Gatso Indemnitee;
C. the validity of the results of the City's use of the System or any portion thereof;
or the validity of any citation issued, prosecuted, and collected as a result of the
City's use of the System except to the extent caused by Gatso's failure to comply
with the terms of the Agreement.
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5.1 A.Gatso shall indemnify, defend, and hold harmless the City and its elected officials, officers,
employees, agents, attorneys, representatives, and permitted assignees and all persons
acting by,through, under or in concert with them (the"City Indemnitees") from and against
any and all third-party claims arising out of or related to:
a. any material breach of the representations and warranties of Gatso set forth in
Section 5.3.1;
b, negligence or misconduct of Gatso or its employees, contractors, or agents that
results in bodily injury to any natural person (including third parties) or any
damage to any real or tangible personal property(including the personal property
of third parties), except to the extent caused by the negligence or misconduct of
any City Indemnitee; or
C. a claim that the System infringes the copyright or U.S. patent of a third party, In
the event such a claim is made or appears likely to be made, Gatso will either: (a)
enable the City to continue to use the System, (b) modify the System to render it
non-infringing; or (c) replace the System with a replacement System at least
functionally equivalent. If Gatso determines that none of these alternatives is
reasonably available, Gatso shall have the right to terminate this Agreement
effective immediately.
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5.1.2.In the event of any third-party claim, action, or demand for which a party seeks
indemnification from the other pursuant to this Section 5.1 (each a "Claim"), the
Indemnified Party must give the Indemnifying Party written notice of such Claim promptly
after the Indemnified Party first becomes aware of it. The Indemnifying Party will have the
right to choose counsel to defend against the Claim(subject to approval of such counsel by
the Indemnified Party, which approval may not be unreasonably withheld, conditioned, or
delayed) and to control and settle the Claim. The Indemnifying Party will have the right to
participate in the defense of the Claim at its sole expense.
5.2. LIMITATION OF LIABILITY. EXCEPT FOR AMOUNTS PAYABLE WITH RESPECT TO
THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 5.1: (A) NEITHER
PARTY SHALL 13E LIABLE TO THE OTHER FOR LOST PROFITS OR FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES IN CONNECTION WITH THE AGREEMENT, THE SERVICES, OR THE
SYSTEMS, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY; AND (B) THE
AGGREGATE LIABILITY OF EITHER PARTY FOR DIRECT DAMAGES ARISING OUT
OF THE AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL
BE LIMITED TO THE FEES PAID OR PAYABLE BY THE CITY TO GATSO PURSUANT
TO SECTION 2.1 DURING THE TWELVE(12) MONTHS PRIOR TO THE EVENT GIVING
RISE TO SUCH CLAIM.
5.3. Representations and Warranties.
5.3,1.Gatso represents and warrants that at all times during the Term:
a. it has the legal power to enter into the Agreement;
b. the Systems are provided and will continue to perform in accordance with this
Agreement;
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c. the Services described herein will be performed in a workmanlike and professional
manner with due care and skill;
d, it will perform the Services described herein in compliance with all applicable
federal, State of Iowa, and local laws including without limitation the Fair Labor
Standards Act; any statutes regarding qualification to do business; any statutes
prohibiting discrimination because of, or requiring affirmative action based on, race,
creed, color, national origin, age, sex, or other prohibited classification including
without limitation the .Americans with :Disabilities Act of 1990, 42 U.S.C. §§ 12101
et seq;
e. it is not barred by law from contracting with the City or with any other unit of state or
local government as a result of (a) a delinquency in the payment of any tax
administered by the Iowa Department of Revenue unless Gatso is contesting, in
accordance with the procedures established by the appropriate revenue act, its
liability for the tax or the amount of the tax or (b) any finding of recovery made
against Gatso by the Iowa Auditor of State;
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f, the only persons, firms, or corporations interested in this Agreement as principals are j
those disclosed to the City prior to the execution of this Agreement and that this
Agreement is made without collusion with any other person, firm, or corporation. If
at any time it shall be found that Gatso, in procuring this Agreement, has colluded
with any other person, firm, or corporation, then Gatso will be liable to the City for
all loss or damage that the City may suffer thereby, and this Agreement will be null
and void, at the City's option; and
g. neither it nor any of its principals, shareholders, members, partners, or affiliates, as
applicable, is a person or entity named as a Specifically Designated National and
Blocked Person (as defined in Presidential Executive Order 13224) and that it is not
acting, directly or indirectly, for or on behalf of a Specifically Designated National
and Blocked Person. Gatso further represents and warrants to the City that Gatso and
its principals, shareholders, members, partners, or affiliates, as applicable, are not,
directly or indirectly, engaged in, and are not facilitating, the transactions
contemplated by this Agreement on behalf of any person or entity named as a
Specifically Designated National and Blocked Person.
5.3.2. The City represents and warrants that at all times during the Term:
a. it has the legal power to enter into the Agreement and that it has complied with any
and all applicable federal, State of Iowa, and local procurement requirements in
connection therewith;and
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b. it will utilize the System in compliance with all applicable federal, State of Iowa and
local laws.
5.3.3. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 5.3:
a. THE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS
ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING
OR COURSE OF PEFORMANCE.
b. GATSO MAKES NO WARRANTY THAT THE SERVICES AND/OR SYSTEM l
WILL MEET THE CITY'S REQUIREMENTS, OR THAT THE SERVICES
AND/OR SYSTEMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES GATSO MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES
AND/OR SYSTEM.
5.4. Force Majeure. Neither party shall be liable for delays in the performance of its obligations
hereunder due to a Force Majeure Event. "force Majeure Event" means conditions or other
circumstances, such as acts of God, that: (i) were not foreseen, and could not have been
reasonably foreseen, by the party obligated to perform, (ii) are beyond the control of the party
obligated to perform, and(iii)materially hinder or interfere with the ability of the party obligated
to perform to complete performance; provided, however, that no such condition or circumstance
will be a Force Majeure Event if it is the result of the fault,negligence, or material breach of this
Agreement by the party obligated to perform. Examples of Force Majeure events include wars,
floods, strikes and labor disputes, unusual delay in transportation, epidemics abroad,
earthquakes, severe adverse weather conditions not reasonably anticipated, and delays in
permitting.
5.5. Relationship between Gatso and Cit . Gatso is an independent contractor. This Agreement does
not create, and nothing in this Agreement may be deemed, construed, or applied to create, a
partnership,joint venture or the relationship of principal and agent or employer and employee
between the parties. Further, this Agreement does not permit either party to incur any debts or
liabilities or obligations on behalf of the other party,except only as specifically provided herein.
5.5. Assi ment. Neither party may assign this Agreement, in whole or in part, without the prior
written consent of the other party, which consent shall not be unreasonably withheld or delayed.
Notwithstanding the foregoing, Gatso may assign the Agreement to an affiliate or in connection
with a merger or sale of substantially all of the assets related to the Agreement. The Agreement
shall bind and inure to the benefit of the parties hereto and their respective successors and
permitted assigns.
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5.7. Escalation Procedure. The following procedure will be followed if resolution is required to a
conflict arising during the performance of this Agreement.
5.7.1.When a conflict arises between the City and Gatso, the project team members will first
strive to work out the problem internally.
5.7.2.If the project team cannot resolve the conflict within five(5)business days, the City Project
Manager identified pursuant to Section 4.1 and the Gatso Project Manager identified
pursuant to Section 3.1 will meet to resolve the issue.
5.7.3.If the conflict is not resolved within five (5) business days after being escalated to the
Project Managers, a senior executive of Gatso will meet with the City Mayor within five(5)
days to resolve the issue.
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5.7.4.If the conflict remains unresolved as described in Section 5.7.3, the parties may mutually
agree to terminate the Agreement pursuant to Section 1.2.
5.7.5.During any conflict resolution, Gatso agrees to provide those Services relating to items not
in dispute, to the extent practicable pending resolution of the conflict. The City agrees to
pay invoices per the Agreement.
5.8. Applicable Law: Jurisdiction and Venue. This Agreement is governed by and construed in all
respects in accordance with the laws of the State of Iowa, without regard to any conflicts of laws I
rules. Any lawsuit arising out of or.in connection with this Agreement must be filed in a state or
federal court of competent jurisdiction in Iowa, and both parties specifically agree to be bound
by the jurisdiction and venue of such courts.
5.9. Entire A eement,Amendment. This Agreement and its exhibits constitutes the entire
agreement between the parties about the Services and supersedes all prior and contemporaneous
agreements or communications.This Agreement and its Exhibits may only be amended by a
writing specifically referencing this Agreement which has been signed by authorized
representatives of the parties.
5.10.Counterparts. This Agreement may be signed in one or more counterparts, each of which will be
deemed to be an original and all of which when taken together will constitute the same
Agreement, Any copy of this Agreement made by reliable means(for example,photocopy or
facsimile)is considered an original.
5.1 I.Enforceabi.lity. If any term in this Agreement is found by competent judicial authority to be
unenforceable in any respect,the validity of the remainder of this Agreement will be unaffected,
provided that such unenforceability does not materially affect the parties' rights under this
Agreement.
5.12.Waiver. An effective waiver under this Agreement must be in writing signed by the party
waiving its right. A waiver by either party of any instance of the other party's noncompliance
with any obligation or responsibility under this Agreement will not be deemed a waiver of
subsequent instances.
5.13 Notices. Any notices provided pursuant to this Agreement shall be effective three days after
deposit in the U.S. Mail if sent by Certified Mail Return Receipt Requested, or immediately if by
confirmed facsimile,to the parties as follows:
City: Mayor Quentin Hart
City Hall
715 Mulberry Street
Waterloo, Iowa 50703 j
Gatso: Andrew Noble,at the address above.
Page 127 of 158
IN WITNESS WHEREOF, Gatso and the City of Waterloo,.Iowa have caused this Agreement to be
executed by their properly authorized representatives as of the Effective Date.
Agreed to: Agreed to:
Gatso USA,Inc. City of Waterloo, Iowa
B By
Authorized signature Authorized signature
Name(type or print): Name(type or print): Quentin Hart
Mayor
Date: Date:
Attested to: Attested to:
By By
Authorized signature Authorized signature
Name(type or print): Name(type or print):
Date: Date:
1
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Page 128 of 158
EXHIBIT A i
Additional Terms and Conditions for
Installation of Camera Poles
In the event that Gatso is required to install one(1)or more camera poles pursuant to Section 3.3 or
Section 3.4, the following additional terms and conditions shall apply:
A. Obtaining Permits. Gatso shall prepare all permit applications,design drawings or other related
documents as may be reasonably required by the City or any other governmental entities for the
installation and operation of the camera poles. The City will provide to Gatso, at no cost, all City
permits necessary for the operation of the System and provision of the Services provided Gatso
meets the minimum requirements for such permits. Gatso will use commercially reasonable
efforts to obtain any other necessary permits for the camera poles from applicable agencies and
shall pay all permit or other fees charged by such governmental entities in connection with the
installation and operation of the System, The City will reasonably assist Gatso in securing
necessary permits from other governmental agencies,as required.
B. Installation. Gatso will commence installation of the camera poles within ten(10)business days
after any and all necessary State,County and City permit applications have been approved and
such permits have been received. Gatso shall not be responsible for any delays associated with
the failure of any state or local government to promptly provide applicable permits.In the event
any permitting agency requires one(1) or more upgrades to any City owned or controlled
equipment at any intersection where the System will be installed, such upgrades shall be the sole
responsibility of the City. Gatso may elect to add a separate circuit breaker to the traffic control
system power source to obtain electric power for the System. Gatso will use commercially
reasonable efforts to complete installation of the System in a timely manner,
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C. Fees. For any camera pole installed by Gatso pursuant to Section 3.3 and this Exhibit A,the City
shall pay to Gatso the Camera Relocation Fee fee set forth in Section 2.1.2. �I
D. Removal Of Hardware Equipment,Restoration. Upon the termination of this agreement,Gatso
shall remove any camera poles and related equipment and restore such intersections to
substantially the same condition as existed prior to this Agreement. Notwithstanding the
foregoing, Gatso will not remove any camera pole foundation,which shall be left approximately
flush with grade with no exposed bolts or other hazards. Installed underground conduit and other
equipment shall not be required to be removed. Gatso shall use commercially reasonable efforts
such that removal and restoration activities occur within forty-five(45)days after the Effective
Date of Termination and do not unreasonably interfere with or adversely affect traffic flow.
Page 129 of 158
Amendment No. 1 to Customer Agreement
This Amendment No. I ("First Amendment"), is made by and between Gatso USA, Inc.
("Gatso") and the City of Waterloo, Iowa (the "City") as of ("First Amendment
Effective Date"), and amends the Customer Agreement between Gatso and the City for technology and
business services related to an automated red-light and speed enforcement program dated August 7, 2017
(the "Agreement"). All capitalized terms used and not otherwise defined in this First Amendment shall
have the meanings set forth in the Agreement.
WHEREAS, Gatso has had a corporate name change and the parties wish to memorialize the
same for the purposes of this Agreement; and
WHEREAS, the parties mutually desire Gatso to enhance the System to include code
enforcement tablets and provide associated back-end processing services; and
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth in the
Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby
mutually acknowledged,the parties agree to amend the Agreement as follows:
1. On February 2, 2018, GATSO filed with the Delaware Secretary of State a Certificate of
Amendment of Certificate of Incorporation changing its name from Gatso USA,Inc. to Sensys
Gatso USA,Inc. A copy thereof is attached hereto as Attachment 1. Accordingly, all references
to Gatso USA,Inc. in the Agreement are hereby deleted and replaced with Sensys Gatso USA,
Inc.
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2. Amend the second WHEREAS clause such that the defined term "System" refers to "the
hardware and software to provide and implement automated traffic and code enforcement
programs pursuant to the terms of this Agreement."
3. Amend the second sentence of Section 1.4 to replace the reference to"automated enforcement
unit"with"Photo Enforcement Device, as defined in Section 3.2."
4. Amend the first sentence of Section 1.5 to replace the reference to"image capture activities"and
replace with"violation detection or recording activities."
5. Amend the second sentence of Section 1.5 to replace the reference to"all photo-enforcement
violations"with"all Tickets or Citations, each as defined in Section 2.1,".
6. Delete Section 1.6 and replace with the following: 11
Retrieval of Equipment; Restoration. Upon termination of this Agreement, Gatso shall promptly
retrieve all Photo Enforcement Devices and Enforcement Tablets, each as defined in Section 3.2,
which retrieval shall be completed no later than forty-five(45)days after the Effective Date of
Termination. The City shall not charge any storage fees for the Photo Enforcement Devices or
Enforcement Tablets during this forty-five(45)day period. In addition, for any camera poles
installed by Gatso pursuant to Section 3.2, Gatso shall restore such intersections as set forth in
Exhibit A, Section D.
7. Amend Section 2.1 to add the following:
Sensys Gatso USA,Inc.
Page 1 of 5
Page 130 of 158
2.1.1 A"Per:Paid Citation Fee" of.$36.00 per citation issued for violations detected by a Photo
Enforcement Device, as defined in Section 3.2 (each a"Citation")that has been paid.
2.1.2 A"Per Issued Ticket Fee"of$20.00 per code enforcement ticket issued by an
Enforcement Tablet, as defined in Section 3.2(each a"Ticket"); and
2.1.3 A "Code Enforcement Program Implementation Fee" of$5 300.
g P ,
8. Delete Section 2.2 and replace with the following:
2.2 Reserved.
I
9. Delete Section 2.3.1 and replace with the following:
Invoicing; Funds Sweep. Gatso shall provide an itemized invoice to the City within one day of
each funds sweep to the City, as set forth in this Section 2.3.1. Each such invoice shall include
the following for each such period: (a)the gross funds received from payment of Citations and
Tickets on behalf of the City and the Citations or Tickets to which such funds are attributable; (b)
the number of Tickets issued by an Enforcement Tablet; and(c) any Code Enforcement Program
Implementation:Fee amounts deducted. Gatso shall deduct its:Fees pursuant to Sections 2.1.1 and
2.1..2 and the net amount shall be transferred from the Master Account, as defined in Section 3.13,
to the City. In addition, Gatso will invoice and deduct the Code Enforcement Program
Implementation Fee set forth in Section 2.1..3 in six(6)equal installments commencing upon the
first net funds sweep immediately following the First Amendment Effective Date. In the event
that gross funds received from Citation and Ticket payments do.not exceed deductions
contemplated by this Section 2.3.1, Fees will be deducted in the following order: (1)Code
Enforcement Program Implementation Fee, if applicable; and (2)all other Fees set forth in
Section 2.1. The balance of any such Fees will roll over to the next sweep period.
10. Delete Section 3.2 in its entirety and replace with the following:
The System. Gatso will provide the City with: (a)automated photo enforcement cameras to be
installed at fixed locations as designated by the City("Fixed Location Red Light Enforcement"
units and"Fixed Location Speed Enforcement"units,collectively":Fixed Location Enforcement"
units;(b)one or more hand-held speed enforcement devices(each a"Handheld Speed
Enforcement" unit); and(c)one or more trailer-or vehicle-mounted speed enforcement cameras
(each a"Mobile Speed Enforcement"unit)(collectively the"Photo Enforcement Devices").
Gatso will also provide six(6)code enforcement tablets (each an"Enforcement Tablet")which
shall permit authorized representatives of the City to issue Tickets for certain code violations
identified by the City prior to implementation.
11. Add a Section 3.3 as follows:
3.3 Reserved.
12. Delete Section 3.11 in its entirety and replace with the following:
3
3.11 Issuance of Citations and Tickets.
Sensys Gatso USA,Inc.
Page 2 of 5
Page 131 of 158
3.l 1.1 Speed and Red Light Violations. After the City's review and approval of a
Violation Package as set forth in Section 4.4, Gatso shall issue a Citation with
images and data related to the Citation by mail within ten(10)days.The Citation
shall include images of the alleged traffic law infraction, and shall be in a form
mutually agreed upon by the parties. The System shall allow the registered
owner or owners of a cited vehicle to review the images and data related to the
Citation,through the web-portal by using a unique identifier code issued as part
of the Citation. With respect to any registered owner who has not paid the
Citation within 30 days of mailing of the Citation, Gatso shall send a 2nd notice,
in a form mutually agreed upon by the parties. With respect to any registered
owner who has not paid the Citation within thirty days of mailing of the 2nd
notice, Gatso shall send a 3rd notice,which shall also include language requiring
the violator to pay and all costs of collection activity with respect to such
Citation, in a form mutually agreed upon by the parties.
3.11.2 Code Violations. Each Ticket issued using an Enforcement Tablet will include a
unique identifier code that the registered owner or owners of a cited vehicle may
enter into a web-portal to pay the Ticket. With respect to any registered owner
who has not paid a Ticket within thirty(30)days of issuance, Gatso shall send a
reminder notice, .in a form mutually agreed upon by the parties(each a
"Reminder Notice"). For any registered owner who has not paid the Ticket
within the time proscribed in the Reminder Notice, Gatso will export such data to
the City for further action at its discretion.
3.1.1.3 Telephone Support. Gatso will maintain a toll-free telephone number for
registered owners to discuss Citations and Tickets and to make payments,with
hours of 8:00 a.m. to 5:00 p.m. (Eastern)Monday through Friday,not including
state and federal holidays.
1.3. Delete Section 4.3 in its entirety and replace with the following:
i
4.3 Operation of Handheld and Mobile Sneed Enforcement Units and Enforcement Tablets. To
promote community safety,the City agrees to: (a)utilize each Handheld and Mobile Speed
Enforcement unit and Enforcement Tablet for at least 20 (twenty)hours per week; (b)follow
reasonable industry practices in the use of Handheld and Mobile Speed Enforcement units
and Enforcement Tablets; and(c)download all violations detected by Handheld Speed
Enforcement units and Enforcement Tablets in a timely manner which shall in no event
exceed forty-eight(48)hours following use. If, during any four(4)consecutive weeks during
the Term, the City fails to utilize one(1)or more Handheld or Mobile Speed Enforcement
unit or Enforcement Tablet for at least ten (10)hours per week, in addition to any other
remedies it may have hereunder, Gatso may, at its sole discretion,remove any such Handheld
or Mobile Speed Enforcement unit or Enforcement Tablet that has been underutilized from
the System.
14. Amend the introductory paragraph of Exhibit A to replace the reference to"Section 3.3 or 3.4"
and replace with"Section 3.2."
15, Delete Exhibit A, Section C in its entirety.
16. Except as amended expressly herein,the Agreement remains fully enforceable and is in effect.
Sensys Gatso USA,Inc.
Page 3 of 5
Page 132 of 158
I
IN WITNESS WHEREOF,the parties hereto have caused this First Amendment to be executed by their
respective authorized representatives as of the date first above written.
AGREED TO: AGREED TO:
Sensys Gatso USA,Inc. City of Waterloo,Iowa
By: By:
Name: Name:
Title: Title:
Date: Date:
I
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3
Sensys Gatso USA,Inc.
Page 4 of 5
Page 133 of 158
Attachment 1
Delaware Secretary of State a Certificate of Amendment of Certificate of Incorporation
Sensys Gatso USA,Inc.
Page 5 of 5
Page 134 of 158
CITY OF WATERLOO
Council Communication
Resolution approving request by Chris E. Boyland for an Encroachment Agreement to allow for a fence 7 feet
into the right of way of Wisconsin Street and 2.5 feet to 4 feet in the right of way of Byron Avenue, located at
621 Wisconsin Street, and authorize the Mayor and City Clerk to execute said document.
City Council Meeting: 10/15/2018
Prepared: 10/9/2018
REVIEWERS:
Department Reviewer Action Date
Ppmrnnrn ;& Zon~ nig Secure edea, A.rie Approved 10/10/2018 0-, 7 AM
(.Illerk Office ice Evenm, L-eA inn Approved 10/10/2018 -.39 AM
ATTACHMENTS:
Description Type
OvelMew Mapr Cove r Men-io
Auxin al Malp (.ovcx Merrio
Sin,!)ied Agreernncnnt ('.'o c.r Mcaio
Site, P l n^n (::`wer M eaio
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Resolution approving request by Chris E. Boyland for an Encroachment
Agreement to allow for a fence 7 feet into the right of way of Wisconsin
SUBJECT: Street and 2.5 feet to 4 feet in the ri t of way of Byron Avenue, located at
621 Wisconsin Street, and authorize the Mayor and City Clerk to execute
said document.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
The applicant is requesting approval of an Encroachment Agreement for an
existing chain link fence that was recently constructed within the City of
Waterloo right of way replacing an existing wood fence.
The request could have a negative impact upon the surrounding area, as
approval of the encroachment could set precedence for other properties in
the area to request to have similar encroachments onto City right of way.
The request would not appear to have a negative impact upon pedestrian or
traffic conditions in the area. There are no sidewalks on either Wisconsin or
Byron and there is no plans at this time to install sidewalks in this area.
The nearest trail is the Highway 218 and 18th Street Trails that are 0.33 miles
to the north.
The lot in question is zoned "R-2" One and Two Family Residence District,
and has been zoned as such since the adoption of the zoning ordinance in
Page 135 of 158
1969. Surrounding land uses and their zoning are as follows:
North— Residential Development zoned "R-2" One and Two Family
Residence District and Commercial Development along Hawthorne zoned
"C-2" Commercial District.
South— Residential Development zoned "R-2" One and Two Family
Residence District
East— Residential Development zoned "R-2" One and Two Family
Residence District, Commercial Development zoned "C-2" Commercial
District.
West— Residential Development zoned "R-2" One and Two Family
Residence District
The adjacent surrounding properties are residential, developed between 1946
and 1959. The commercial development in the area occurred between 1947
and 1979.
Summary Statement:
No buffers or additional screening is needed with this request.
The request would not appear to have a negative impact on drainage in the
area.
No portion of the lot in question is located within a Special Flood Hazard
Area as indicated by the Federal Insurance Administration's Flood Insurance
Rate Map, Community Number 190025 and Panel Number 0302F, dated
July 18, 2011.
There is 18" stoma sewer and 36" sanitary sewer lines located in the center of
Wisconsin Street and 33" storm sewer and 15" sanitary sewer lines located in
the center of Byron Avenue.
There are also overhead electrical lines directly along the fence line along
Wisconsin Street along with overhead lines located to the north of the
property.
The encroachment agreement includes provisions that allow the City to give
a notice of termination of the agreement if the right-of-way is needed for any
future public purposes, and requiring that the city have no liability for any
damage that may occur.
The applicant is requesting to allow a fence in the right of way that is
currently 7 feet to the west of the property line/10 feet from the curb along
Wisconsin Street and 13.5 feet from the curb and 2.5 feet to 4 feet from the
property line on Byron Ave within the City of Waterloo right of way.
The current google image of the area shows a wooden fence that was 4' feet
tall that has now been replaced by a 4' chain link fence. Engineering was
consulted about the encroachment agreement and no objections were noted.
It is not known when the original fence was put in since fences 4' and under
do not require a building permit. The current homeowners have owned the
home since 1997.
At their October 2, 2018 meeting the Planning, Programming and Zoning
Commission recommended approval of the encroachment agreement 5-0.
Expenditure Required: None
Source of Funds: N/A
Policy Issue: Right of way encroachment
Alternative: The applicant would have to remove the fence.
Page 136 of 158
Legal Descriptions: KENWOOD PARK PLACE LOT 6 BLK 3
Page 137 of 158
September 18,2018
REQUEST: Request for an encroachment agreement to allow for a fence 7'
feet into the right of way of Wisconsin Street and 2.5 feet to 4 feet
in the right of way of Byron Avenue located at 621 Wisconsin
Street.
APPLICANT: Chris Boyland, 621 Wisconsin Street Waterloo IA 50702
GENERAL The applicant is requesting approval of an Encroachment
DESCRIPTION: Agreement for an existing chain link fence that was recently
constructed within the City of Waterloo right of way replacing an
existing wood fence.
IMPACT ON The request could have a negative impact upon the surrounding
NEIGHBORHOOD & area, as approval of the encroachment could set precedence for
SURROUNDING other properties in the area to request to have similar
LAND USE: encroachments onto City right of way.
VEHICULAR &
PEDESTRIAN The request would not appear to have a negative impact upon
TRAFFIC pedestrian or traffic conditions in the area. There are no sidewalks
CONDITIONS: on either Wisconsin or Byron and there is no plans at this time to
install sidewalks in this area.
RELATIONSHIP TO The nearest trail is the Highway 218 and 18th Street Trails that are
RECREATIONAL 0.33 miles to the north.
TRAIL PLAN:
ZONING HISTORY The lot in question is zoned "R-2" One and Two Family Residence
FOR SITE AND District, and has been zoned as such since the adoption of the
IMMEDIATE VICINITY: zoning ordinance in 1969. Surrounding land uses and their zoning
are as follows:
North — Residential Development zoned "R-2" One and Two
Family Residence District and Commercial Development along
Hawthorne zoned "C-2" Commercial District.
South — Residential Development zoned "R-2" One and Two
Family Residence District
East — Residential Development zoned "R-2" One and Two Family
Residence District, Commercial Development zoned "C-2"
Commercial District.
West — Residential Development zoned "R-2" One and Two Family
Residence District
DEVELOPMENT The adjacent surrounding properties are residential, developed
HISTORY: between 1946 and 1959. The commercial development in the area
occurred between 1947 and 1979.
BUFFERS/
SCREENING No buffers or additional screening is needed with this request.
REQUIRED:
DRAINAGE: The request would not appear to have a negative impact on
Encroachment Agreement—621 Wisconsin Pc-Fg@P1 3V of 158
September 18,2018
drainage in the area.
FLOODPLAIN: No portion of the lot in question is located within a Special Flood
Hazard Area as indicated by the Federal Insurance Administration's
Flood Insurance Rate Map, Community Number 190025 and Panel
Number 0302F, dated July 18, 2011.
PUBLIC /OPEN The nearest schools are Lowell Elementary which is located 0.47
SPACES/ SCHOOLS: miles to the northwest, Hoover Elementary which is located 2.08
miles to the southwest, and West High School located 1.40 miles to
the southwest.
The nearest open space is Rooff Park located 0.351 miles to the
northwest.
UTILITIES: WATER, There is 18" storm sewer and 36" sanitary sewer lines located in
SANITARY SEWER, the center of Wisconsin Street and 33" storm sewer and 15"
STORM SEWER, ETC. sanitary sewer lines located in the center of Byron Avenue.
There are also overhead electrical lines directly along the fence
line along Wisconsin Street along with overhead lines located to
the north of the property.
RELATIONSHIP TO The Future Land Use Map designates the area as Low Density
COMPREHENSIVE Residential.
LAND USE PLAN:
STAFF ANALYSIS — In the past, encroachment agreements the City has entered into
ZONING have included provisions that allow the City to give a notice of
ORDINANCE: termination of the agreement if the right-of-way or utility easement
is needed for any future public purposes, and requiring that the city
have no liability for any damage that may occur.
The applicant is requesting to allow a fence in the right of way that
is currently 7 feet to the west of the property line/10 feet from the
curb along Wisconsin Street and 13.5 feet from the curb and 2.5
feet to 4 feet from the property line on Byron Ave within teh City of
Waterloo right of way.
The current google image of the area shows a wooden fence that
was 4' feet tall that has now been replaced by a 4' chain link fence.
Engineering was consulted about the encroachment agreement
and no objections were noted. It is not known when the original
fence was put in since fences 4' and under do not require a
building permit. The current homeowners have owned the home
since 1997.
In Tech Review engineering asked what would happen if the fence
needed to be replaced or the property is sold. The encroachment
agreement would provide for the fence to be replaced or remain if
the property is sold.
STAFF ANALYSIS —
SUBDIVISION
Encroachment Agreement—621 Wisconsin Pc-Fg@P i3f9of 158
September 18,2018
ORDINANCE: There is no platting required for this request.
STAFF Therefore, staff recommends that the request for an encroachment
RECOMMENDATION: agreement to allow for a fence 7' feet into the right of way of
Wisconsin Street and 2.5 feet to 4 feet in the right of way of Byron
Avenue located at 621 Wisconsin Street. be approved for the
following reasons:
1. The request would not appear to have a negative impact on
the right of way.
2. The recently constructed fence replaced a previous fence
that existed for many years.
And subject to the following condition(s):
1. A signed and executed Encroachment Agreement.
Encroachment Agreement—621 Wisconsin P&g@P1410of 158
City of Waterloo Planning, Programming and Zoning Commission
October 2, 2oi8
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City of Waterloo Planning, Programming and Zoning Commission
October 2, 2oi8
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Feet Page 142 of 158
Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between Chris E. Boyland,
hereinafter"Boyland", and the City of Waterloo, Iowa, hereinafter"City"this day of
, 2018.
WHEREAS, Boyland is the owner of real estate commonly known as 621 Wisconsin,
Waterloo, Iowa 50702 and legally described as Kenwood Park Place lot 6, Block 3, in the City of
Waterloo, Black Hawk County, Iowa, hereinafter"Boyland Property"; and
WHEREAS, Boyland is proposing to build and maintain a fence, hereinafter"Fence"that
will encroach into City of Waterloo right of way, hereinafter"Right of Way"; and
WHEREAS, Boyland is requesting to allow said Fence within a portion of said Right of Way as
shown on the attached Exhibit"A"hereinafter"Encroachment Area"; and
WHEREAS,the City is willing to allow said Fence to encroach into said Encroachment Area
as shown on attached Exhibit"A", subject to the following agreement regarding each party's
rights.
1. Boyland hereby recognizes and reaffirms, said Right of Way.
2. The City grants Boyland the right to place and maintain said Fence in said Right of
Way as shown on attached Exhibit"A", subject to the rights of the City and/or any
agency to which the City has granted a utility franchise or right-of-way License
Agreement to and for access over, under and upon said Right of Way, expressly
recognizing and acknowledging that any damage that occurs to said Fence will be
the sole risk and expense of Boyland including moving or replacement expenses. In
the event that the City and/or any agency to which the City has granted a utility
franchise or right-of-way License Agreement needs said Fence to be temporarily
moved for access to said Right of Way, Boyland shall move said Fence if present
and able, otherwise the City of Waterloo and/or any agency to which the City has
granted a utility franchise or right-of-way License Agreement shall be authorized to
move said Fence and assess any costs for moving against Boyland or Boyland
Property.
3. The term of this agreement shall be for so long as said Fence is maintained by
Boyland, and said Fence continues to exist, and that this agreement shall
automatically terminate if said Fence is removed(other than for temporary removal
and any agency to which the City has granted a utility franchise or right-of-way
License Agreement from any claim, damages, liability and expenses (including, but
not limited to, reasonable attorney's fees and costs of litigation) of any type or
nature whatsoever arising out of the use, maintenance, or removal of said
Encroachment, including but not limited to any damage to said Right-of-Way or
said fence. This covenant shall survive the termination of this Agreement.
S. This is the entire agreement between the parties with respect to subject matter herof,
It may be amended only in a written instrument signed by the parties. This
agreement is binding upon the parties and their respective transferees, successors,
heirs and assigns. Time is of the essence in observing the terms of this agreement.
In WITNESS WHEREOF, the parties have executed this Encroachment Agreement by
their duly authorized offices as of the date first set forth above.
City of Waterloo
Chris E. Boyle 'd, Owner' By: Quentin Hart, Its Mayor
Attest:
Kelly Felchle, City Clerk
STATE OF IOWA
COUNTY OF BLACK HAWK ) SS.
0 ' I )
On this ) day of 01'7 2018 before me, the undersigned, a Notary Public in and
for the State of Iowa,personally appeared Chris E. Boyland to me known to be the identical
person named herein and who executed the foregoing instrument and acknowledged that he
executed the same as his voluntary act and deed.
6
Notary Public
STATE OF IOWA
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this—day of 2018 by
Quentin Hart and Kelly Felchle as Mayor and City Clerk,respectively, of the City of Waterloo.
Notary Public
B
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Page 145 of 158
City of Waterloo Planning & Zoning Department
715 Mulberry Street,Waterloo, Iowa 50703
(319) 291-4366
LJ Offer to Vacate and Purchase City Right-of-Way
02 Request to Vacate Easement,Vacate Sidewalk, oCEncroachment Agreement
J Sale of City-Owned Property
f:2 3(p
Applicant: OQ10,rd Address:
j "D Phone No.
xA,
General Description of PropertyAcAl=aWd(i.e.- alley between A St. &B St., South of C St.):
Legal description of area to be conveyed, vacated, or encroached:
1. A non-refundable filing fee(s) shall be made as follows(checks payable to City of Waterloo):
a Right-of-way vacation—One Hundred Seventy Five Dollar($175.00)Filing Fee
0 Easement or sidewalk vacation—Seventy Five Dollar($75.00)Filing Fee
Encroachment—One Hundred Dollar Q
($ Q�9
_t- _QLFjjling Fee
• Sale of city-owned property not required to be vacated—No Fee
• Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00)Fee
2. Offer Price'-[Note: If the offer price meets the Sale of Property Policy (see attached)the request will not be
required to be reviewed by the Building&Grounds Committee.]
• Asking price(see attached Sale of Property Policy for how calculated):
• Deductions
• May decrease price by 50%for area located within an easement:
• May decrease price for the City tax that will be collected on
the land within 5 yrs(8 yrs inside of the CUBA):
• Costs(surveying&misc., demolition,remove of curbs, etc):
Asking price—Deductions=Value of Property:
Offer Price for Entire Area: A_J TA —Al
Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase
City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated.
Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City
Council.Any such applicant shall need to request review to Building and Grounds through a City Council member.
3. Publication and Recording Fees*: At the time a buyer(s)has been selected, all publication costs and
recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers.
4. Easement*: The following easement shall be retained:
5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves
additional construction as the reason for the request.
Applicant J Date
*Not required for easement vacates sidewalk vacates or Encroachment Agreements
Page 146 of 158
CITY OF WATERLOO
Council Communication
Resolution approving an amendment to the Collections Services Agreement with Credit Bureau Services of
Iowa, Inc. of Oskaloosa, Iowa, to provide debt collection services to Waterloo Fire Rescue, and authorize the
Mayor and City Clerk to execute said documents.
City Council Meeting: 10/15/2018
Prepared: 10/9/2018
REVIEWERS:
Department Reviewer Action Date
Fire Resette "ll rreioar, 1:)al. Approved 10/9/2018 ... -41 P
(. erk Office Eveni, l:.eAni) Approved 10/10/2018 -.45 AM
ATTACHMENTS:
Description Type
Resolution approving an amendment to the Collections Services Agreement
SUBJECT: with Credit Bureau Services of Iowa, Inc. of Oskaloosa; Iowa, to provide
debt collection services to Waterloo Fire Rescue, and authorize the Mayor
and Citv Clerk to execute said documents.
Submitted by: Submitted By: Pat Treloar, Fire Chief
Recommended Action: Approve
We currently have a collections agreement with CBSI . The amendment to
contract is needed because we are beginning to utilize the State Income
Offset program. We will send delinquent ambulance accounts
Summary Statement: simultaneously to CBSI and the Income Offset Program. The amendment
to the contract reflects a five(5)percent contingency fee paid to CBSI for
claims paid by the Income Offset Program. All other contingency rates
remain the same.
Page 147 of 158
AGREEMENT FOR COLLECTION SERVICES
AGREEMENT,made between: Waterloo Fire and Rescue(hereinafter referred to as"Creditor"),whose principal
place of business is located at 425 East Thrid Street, Waterloo,IA 50703 and Credit Bureau Services of Iowa, Inc.
(hereinafter referred to as"Collector"),whose principal place of business is 1306 South 7" Street,Oskaloosa, Iowa
52577.
WHEREAS, Creditor desires,from time to time during the term of this Agreement,to submit to Collector for
collection delinquent accounts,unsatisfied judgments,and/or dishonored checks hereinafter called Claims).
WHEREAS, Collector desires to provide Creditor with collection services with respect to said Claims,
NOW THEREFORE, for and in consideration of the mutual covenants hereinafter set forth, it is mutually agreed by
and between the parties hereto as follows:
1. Collector agrees that all activities of Collector shall be carried out in compliance with all applicable
federal,state and local laws.
2. Creditor hereby warrants that all Claims forwarded to Collector will be valid and legally enforceable
debts and that Creditor will both before and after forwarding said Claims, comply with all applicable
federal,state and local laws with respect thereto. Further, Creditor agrees to provide,whenever
requested to do so by Collector: a written verification of a Claim; a copy of the judgment, if any on
which a Claim is based;the name and address of the person or entity to whom the debt was originally
owed, if different from Creditor.
3. If any court of competent jurisdiction shall rule that any provision of this Agreement is invalid or
unenforceable,the remaining provisions shall remain in force and effect and shall not be affected by
said ruling.
4. This Agreement shall be binding on the heirs,legal representatives, successors and assigns of the
parties hereto.
5. Creditor and Collector agree that all actions taken by Creditor and Collector pursuant to this
Agreement shall be in accordance with the TERMS AND CONDITIONS, if any,set forth on the
reverse side hereof or attached hereto. Said TERMS AND CONDITIONS have been signed by both
parties and are hereby made a part of this Agreement fully and effectually as if they were set forth
herein. Thus, whenever the term"Agreement" is used herein, it shall be construed to include said
TERMS AND CONDITIONS. This Agreement, including the TERMS AND CONDITIONS, contains
the entire agreement between the parties hereto and cannot be amended or modified in any respect
except by an amendment in writing signed by both parties.
Page 148 of 158
TERMS AND CONDITIONS
The parties agree as follows:
CLAIMS WILL BE WORKED ON A 30% CONTINGENCY BASIS. IF,HOWEVER,A CLAIM IS
REFERRED FOR LEGAL ACTION,HAS PREVIOUSLY BEEN WORKED BY ANOTHER AGENCY,OR IS
FORWARDED TO AN OUT-OF-STATE AGENCY,THE RATE CHANGES TO 50%,LEGAL ACTION WILL
BE TAKEN ONLY AFTER COLLECTOR RECEIVES WRITTEN PERMISSION AND ASSIGNMENT OF THE
ACCOUNT FROM CREDITOR,
CLAIMS PAID BY INCOME OFFSET PROGRAM WIL BE CHARGED 5%CONTINGENCY. IF HOWEVER,
ACCOUNT IS IN LEGAL STATUS THE CONTINGENCY IS STAYS AT 50%.
Creditor: Collector: Credit Bureau ervices of Iowa, Inc.
By: By: Brian Grimes}
Title: Title: Director of Sales and Marketing
Page 149 of 158
CITY OF WATERLOO
Council Communication
Resolution approving Amendment to the Development Agreement with Avita Developments, LLC to transfer
1.5 acres of land, and authorize the Mayor and City Clerk execute said document.
City Council Meeting: 10/15/2018
Prepared: 10/10/2018
REVIEWERS:
Department Reviewer Action Date
Plar)rnp:bg& Zonu ii ; Seliroeder, A.rie Approved G0/10/2018 -27 Ali
Ierrk Office p verrm, 1-eAn:: Approved 10/10/2018 °44 Ali
ATTACHMENTS:
Description Type
Lf..m,cfl Covet Menio
Resolution approving Amendment to the Development Agreement with Avita
SUBJECT: Developments. LLC to transfer 1.5 acres of land, and authorize the Mayor
and Citv Clerk execute said document.
Submitted by: Submitted By:Noel Anderson, Community Planning& Development
Director
Recommended Action: Approve amendment
As a part of the Dr. Sundaram latest expansion, the City worked with him to
convey an additional 1.5 acres for the reloacation of the storm drainage area,
and to allow for further expansion in the future.
Summary Statement: The legal description was not yet prepared at that time, as they were still
working out details of storm water drainage design and how it would interact
with entire Logan Plaza drainage system. The approved Development
Agreement noted we would convey when that legal was prepared, by an
Amendment document.
Expenditure Required: None
Source of Funds: NA
Policy Issue: Economic Development and Infill Development
Alternative: Not approve
Legal Descriptions: Attached
Page 150 of 158
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_ a ec, _5 of 158
CITY OF WATERLOO
Council Communication
Resolution accepting donation of 115 Sumner Street from Lederman Bros. Property Management, LLC, and
authorize the Mayor and City Clerk to execute said document.
City Council Meeting: 10/15/2018
Prepared: 10/10/2018
REVIEWERS:
Department Reviewer Action Date
Plar:rnpabg& Zonu iigp; Seliroeder, brie Approved G0/10/2018 .... tl x:50 Ali
(Ierk Office Everrm, L_eA r:) Approved 10/10/2018 ° to AM
ATTACHMENTS:
Description Type
1.,etter to ds�riartte 115 Siiiiirnrrer Cover Menio
Resolution accepting donation of 115 Sumner Street from Lederman Bros.
SUBJECT: Property Management; LLC, and authorize the Mayor and City Clerk to
execute said document.
Submitted by: Submitted By:Noel Anderson, Community Planning& Development
Director
Recommended Action: Approve the donation of land
The City has been working to acquire and demolish nuisance properties
throughout the community to eliminate them as a safety and blight hazard, as
well as open up opportunities for infill development.
Summary Statement:
The City owns property abutting the site to the east, so we are already
mowing in this location, so there will be maintenance, but smaller due to the
fact we are already at location(no mobilization, loading time, etc.).
Expenditure Required: None
Source of Funds: NA
Policy Issue: Blight elimination, Infill Development, Neighborhood Development
Alternative: Not approve
The City has worked throughout the community to eliminate blight. The
City has many parcels of land we own, but we are starting to see more
progress toward redevelopment of sites we acquired and sold for
Background Information: redevelopment:
Greenbrier lot, Scott Avenue lot, Williston lot, several lots on Jefferson,
Commercial, and Black Hawk Streets, Chalmers lots, Upton lot, etc.
Page 152 of 158
Legal Descriptions: Hammond and Hopkins Addition Lot 5, Block 2, all in the City of Waterloo,
Black Hawk County, Iowa.
Page 153 of 158
BEECHER, FIELD, WALKER, MORRIS, HOFFMAN & JOHNSON, P.C.
LAWYERS
HUGH M.FIELD COURT SQUARE BUILDING-SUITE 300 W.LOUIS BEECHER(1921-2012)
JOHN R.WALKER,JR. 620 LAFAYETTE STREET W.L.BEECHER(1891-
RICHARD R.MORRIS P.O.BOX 178 JOHN W.RATHERT(1932-2001010)
)
THERESA E.HOFFMAN WATERLOO,IOWA 50704
ERIC JOHNSON OHNSON
KEVIN AHRENHOLZ TELEPHONE: (319)234-1766
D.RAYMOND WALTON FAX: (319)234-1225
JOHN J.WOOD
ADNAN MAHMUTAGIC
THOMAS C.VERHULST
KATE B.MITCHELL
NATHAN D.MILLER
JORDAN M.TALSMA September 25, 2018
Quentin Hart
Councilpersons
City of Waterloo
715 Mulberry
Waterloo, IA 50703
Re: 115 Sumner St., Waterloo, IA
Greetings:
I am writing on behalf of my client, Lederman Bros. Property Management, LLC as a follow
up to a phone conversation my client had with Noel Anderson. My client is interested in donating
the above parcel to the City of Waterloo, Iowa, as the City owns the adjoining vacant lot(Parcel
8913-24-176-010). An abstract for the property was updated and sent to Attorney Chris Wendland
for review. Please place this on your agenda for discussion. If you need anything further from
myself or my client, please let me know.
Sincerely,
��4( RI�ZfS,
Johnson
CHER, FIELD, WALKER,
HOFFMAN & JOHNSON, P.C.
EWJ/bjk
c: D. Lederman
+EstablMed hi 19.18+
Page 154 of 158
CITY OF WATERLOO
Council Communication
Waterloo Housing Authority Board minutes of September 17, 2018,
City Council Meeting: 10/15/2018
Prepared:
REVIEWERS:
Department Reviewer Action Date
l pousirrmg AiO,Iiorky Mayer, Smpa Approved G 0/4/2018 ... 10.50 AM
t]errk Off-we i p nz a)y, 1" armcy Approved G 0/8/.2018 ... 5-51 PM
ATTACHMENTS:
Description Type
SUBJECT: Waterloo Housing Authority Board minutes of September 17, 2018.
Submitted by: Submitted By: JULIE DAWSON, EXECUTIVE DIRECTOR
Page 155 of 158
WATERLOO HOUSING AUTHORITY, Governing Board Minutes
Monday September 17, 2018 at 4:45 PM
Harold E. Getty Council Chambers—Waterloo City Hall
Members Present: Klein, Morrissey, Amos, Juon, Schmitt, Varnold
Motioned by Amos, seconded by Juon, that the Agenda be approved and to approve the minutes from the July
16, 2018 meeting.
Ayes: All Motion: Carried.
New Business
Motioned by Juon, seconded by Schmitt, to approve a resolution to accept the 2019 HUD Fair Market
Rents/Payment Standards.
Ayes: All Motion Carried.
Motioned by Amos, seconded by Morrissey, to accept bid for a 3-year flooring contract from Town and
Country Home Improvement for Ridgeway Towers apartments
Ayes: All Motion Carried.
Motioned by Amos, seconded by Morrissey, to accept bid for window washing from Fish Window Cleaning for
Ridgeway Towers apartments.
Ayes: All Motion Carried.
Motioned by Amos, seconded by Morrissey, to approve and place on file the Housing Authority report
including the Leasing, HAP, and Administrative Fee Utilization Report
Ayes: All Motion Carried.
Motioned by Morrissey, seconded by Amos to adjourn the meeting.
Ayes: All Motion Carried.
SAM
Page 156 of 158
CITY OF WATERLOO
Council Communication
Communication from the Waste Management Services Department on the notice of the conclusion of
employment for Brian Rath, Treatment Operations Supervisor, effective September 28, 2018 with
recominendation of approval of payout of$11,956.64 for unused benefits.
City Council Meeting: 10/15/2018
Prepared:
REVIEWERS:
Department Reviewer Action Date
11mumrna ti 11eso urccs 1:9monm n, 1 amm e Approved 10/9/2018 ... 9.52, AM
(."clerk Office 1pp;i)y, 114ammmcy Approved 10/9/2018 915'I AGM
ATTACHMENTS:
Description Type
Communication from the Waste Management Services Department on the
SUBJECT: notice of the conclusion of employment for Brian Rath, Treatment
Operations Supervisor, effective September 28, 2018 with recommendation
of approval of payout of$11,956.64 for unused benefits.
Submitted by: Submitted By:
Page 157 of 158
CITY OF WATERLOOs IOWA
CITY HALL 716 MULBERRY STREET 60703
Today's Date: 912512018
Effective Date: 912812018
Employment Date: 61111987
To: City Council Members
Re: Notice of Severance
Department — Waste Management Services
Job Title/Classification Treatment Operations Supervisor.
This Is to report that the employment of Brian Rath
with the City of Waterloo has been severed by reason of: P1 Retired
Disability Related No Yes
Ll Resigned
E I Termination
El Other
In accordance with City Policy,it Is requested to allow payment which consists of the following:
Benefits Total Hours (x)Hourly Rate Total Payaut
Ivacatton-Accrue=d 148 39.17 $ 5,797.16
Vacation-Current 160 $ 39.17 $ 6,267.20
Usable Sic -34.75 $ 39.17 $ (1,361.16)
IFrozen Sick Le —(x)60% $ -
Personal Hours 32 $ 39.17 $ 1,253,44
Comp Time Pay 0 $ -
Unscheduled Leave
rt/ter Pay I $
Total Payment�$ l 1,95�664
Comments: 'Overused usable sick leave
Approved by Date
Human Resources X,
Date
Routing:
Original to Human Resources by Department
Human Resources will forward original to City Clerk(Copy in Personnel File)
Clerk's Office will forward copy of approved form to Department and Human Resources Updated W8111
Council Agenda Date:_ Accruals OStatus
Page 158 of 158