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01/24/2011
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, JANUARY 24, 2011 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tern) discretion. The 'oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three(3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion,you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these 'general rules". 4. You may speak one(1)time per item for a maximum of three(3)minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Sheryl Groskurth, Library Director. January 24, 2011 Page 2 Agenda, as proposed or amended. Minutes of January 18, 2011, Regular Session, as proposed. 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, Schedule AP642, a copy of which is on file in the office of the City Clerk. b. Motion to approve the following: Travel Requests Name & Title of Amount not Class/Meeting Destination Date(s) Personnel to Exceed 1. Rich Warren and Travel to Waterloo for Waterloo, July 25- $951.00 Allynn Howe, the application of Iowa 26, 2011 Consultants for projects for potential Government federal funding Relations 2. Todd Derifield, 65th Annual La Vista, January $370.00 City Forester Conference and Nebraska 26-28, Trade Show of the 2011 Midwestern Chapter of the International Society of Arboriculture 3. Ryan Mahood, Weapons of Mass Des Moines, January $839.40 Josh Heller, Neal Destruction Lanes Iowa 18-19, Caughron, Mike training 2011 Schipper, Dave Jenson-Members of Weapons of Mass Destruction Team 4. Tim Moyer, Chief Plumbing Exam Des Moines, January $200.00 Electrical Iowa 24, 2011 Inspector 5. Officer Steve K9 Drug Detection Johnston, March $723.00 Bose Enhancement Course Iowa 20-25, 2011 January 24, 2011 Page 3 6. Lieutenant Lisa Glacken and St. Paul, March $788.00 Campbell Associates Minnesota 13-15, Background 2011 Investigation for Public Safety 7. Investigator Internet Crimes Meridan, April 25- $400.00 Stacy Hesse Against Children Connecticut 28, 2011 Special Investigative course 8. Sergeant Keith Internet Crimes Ankeny, March 8- $720.00 Rogers; Against Children Iowa 10, 2011 Investigator Digital Evidence Stacy Hesse 9. Recommendation of appointment of Elizabeth Andrews to the position of Registrar at the Waterloo Cultural and Arts Center, effective February 1, 2011. Submitted by Cammie Scully, Waterloo Cultural and Arts Commission 10. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re Appointment Sandra Wright Public Housing Program January 2013 New Appointment Corinna Dillon Section 8 Program January 2013 New Appointment Liquor License Permit Application Class C 11. Rumors, 229 E. 4th Street (New) (Expires 1/18/12) (Includes Sunday Sales) PUBLIC HEARINGS 2. Quit Claim Deed for property located at the southwesterly corner of Jefferson and West 11th Streets. Motion to receive and file proof of publication of notice of public hearing HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing Mayor and City Clerk to execute said Quit Claim Deed; and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning& Development Director January 24, 2011 Page 4 3. 2011 Golf& Downtown Area Maintenance Turf Equipment Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid document, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review. Submitted by JB Bolger, Golf& Downtown Area Maintenance Manager 4. First violation of Waterloo Code of Ordinance, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age for AS Petroleum located at 127 Jefferson Street HOLD HEARING—No objections on file Motion to close hearing and receive and file oral and written comments Resolution ordering civil penalty in the amount of$300.00 for said first violation; and authorize Mayor and City Clerk to execute said document. Submitted by David R. Zellhoefer, Assistant City Attorney 5. First violation of Waterloo Code of Ordinance, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age for Spicoli's Grill located at 3555 University Avenue HOLD HEARING—No objections on file Motion to close hearing and receive and file oral and written comments Resolution ordering civil penalty in the amount of$300.00 for said first violation; and authorize Mayor and City Clerk to execute said document. Submitted by David R. Zellhoefer, Assistant City Attorney RESOLUTIONS 6. Resolution approving Convention and Visitors Bureau Board recommendations for funding Iowa Lions Club State Convention hotel/motel mini-grant request in the amount of$3,000.00 to be used for the honorarium for the keynote speaker. Submitted by Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau 7. Resolution approving License Agreement with Trail Blazers, Inc. for the construction of a storage building at Riverview Recreation Area; and authorize Mayor and City Clerk to execute said document. Submitted by Paul Huting, Leisure Services Director January 24, 2011 Page 5 8. Resolution approving Contract for the Disaster Recovery Business Rental Assistance Program for Clark, Butler, Walsh and Hamann, P.C. at 315 E. 5th St, in the amount of$50,000.00; Invision Architecture, LTD at 501 Sycamore St, in the amount of$50,000.00 and Salon 224, LLC at 224 E. 4th St, in the amount of$7,800.00; and authorize Mayor to execute said documents. Submitted by Aric Schroeder, City Planner 9. Motion approving Change Order No. 1 for a net increase of$54,200.00 for work performed by Halvorson Trane Services, Inc. of Clive, Iowa in conjunction with City of Waterloo Smart Controls for City Buildings; and authorize Mayor to execute said document. Submitted by Craig Clark, Interim Building Official/Maintenance Administrator 10. Motion approving Change Order No. 7 for a net increase of$29,500.00 for work performed by Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2010 River Renaissance Lower Plaza, Contract No. 763; and authorize Mayor to execute said document. Submitted by Jamie Knutson, P.E., Associate Engineer 11. Motion approving Change Order No. 1 for a net decrease of$89,716.95 for work performed by B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2011 Sidewalk Repair Assessment Program - Zone 10, Contract No. 781. Submitted by Wayne Castle, PLS, El, Associate Engineer 12. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa at a total cost of$94,762.00 in conjunction with F.Y. 2011 Sidewalk Repair Assessment Program - Zone 10, Contract No. 781, and receive and file two-year maintenance bond. Submitted by Eric Thorson, City Engineer 13. Resolution approving documents, and adopt and levy the final schedule of assessments in conjunction with F.Y. 2011 Sidewalk Repair Assessment Program - Zone 10, Contract No. 781. Submitted by Wayne Castle, PLS, El, Associate Engineer 14. Resolution approving recommendation of award of contract in the amount of$1,078,215.75 to Peterson Contractors, Inc. of Reinbeck, Iowa in January 24, 2011 Page 6 conjunction with F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801. Submitted by Jamie Knutson, P.E., Associate Engineer 15. Resolution approving Grant Agreement with Iowa Homeland Security and Emergency Management Division for a LEIN grant from the FFY2010 Homeland Security Grant Program in the amount of$86,114.00; and authorize Mayor and Director of Safety Services to execute said document. Submitted by Daniel J. Trelka, Director of Safety Services 16. Resolution approving Grant Agreement with Iowa Homeland Security and Emergency Management Division for a LEIN grant from the FFY2010 Homeland Security Grant Program in the amount of$237,250.00; and authorize Mayor and Director of Safety Services to execute said document. Submitted by Daniel J. Trelka, Director of Safety Services ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, January 24, 2011 4:45 p.m. - Boards and Commissions, Council Chambers 4:50 p.m. - Building and Grounds Committee, Council Chambers 4:55 p.m. - Public Works Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers January 24, 2011 Page 7 PUBLIC INFORMATION 1. Communication from Chief of Police, transmitting retirement of Randall Chapman, Police Sergeant, effective January 11, 2011, together with recommendation of approval of payout of$25,698.80 for unused vacation, comp and unscheduled leave. 2. Communication from Superintendent of Streets, transmitting retirement of Dudley Blandin II, Laborer, effective December 31, 2010, together with recommendation of approval of payout of$7,993.19 for unused vacation, sick leave and personal time. 3. Waterloo Cultural and Arts Commission meeting minutes of December 15, 2010 and November 3, 2010 on file in the City Clerk's office. 4. Waterloo Housing Authority minutes of November 18, 2010 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2010 River Renaissance Trail- 6th to 18th Street, Contract No. 761 Pay estimate No. 16 to Peterson Contractors in the total amount due of$907.29 2. F.Y. 2010 Ridgeway Avenue and La Porte Road Intersection Improvements,_ Contract No. 775 Pay estimate No. 3 to Peterson Contractors in the total amount due of$105,088.83 3. U.S. Highwau 63 Final Design Phase, NHSX-63-6(69)-3H-07 Payment to AECOM in the total amount due of$13,358.03 Amended Council Agenda Items Council Meeting Monday, January 24, 2011 • MEND Move item #5 to consent agenda. A hearing is no longer needed because a signed Acknowledgment/Settlement Agreement has been received by the City Attorney's office. 1a2. Acceptance of Acknowledgment/Settlement Agreement in the amount of$300.00 with Spicoli's Grill of 3555 University Avenue, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Submitted by David R. Zellhoefer, Assistant City Attorney January 18, 2011 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m. , on Tuesday, January 18, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Greenwood, Schmitt, Welper, Hart. Absent: Getty. Moment of Silence. Pledge of Allegiance: Cammie Scully, Director of Cultural & Arts Commission. 135827 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Tuesday, January 18, 2011, at 5:30 p.m. , be accepted and approved. Ayes: Six. Absent: Getty. Motion carried. 135828 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, January 10, 2011, at 5:30 p.m. , be accepted and approved. Ayes: Six. Absent: Getty. Motion carried. Councilperson Welper, you were kind of testing my memory this last few days. I looked at my agenda over the weekend and I saw that I had a Human Resources Committee meeting. And I thought how did I remember that? I go back to the draft and it was not on there. Then I see that the Public Safety position is on the consent agenda, which was not on there Thursday, January 13, 2011 as well. And I don't see how you can have the position of safety services on a consent agenda. I think that has to be separate and there' s been opposition to that. Mayor Clark, we had a discussion about the safety position being on the consent agenda internally. We determined that it was the right place for it. Although it is a new position, it technically is an internal promotion so we felt it was the procedurally correct thing to do. James Walsh, City Attorney, any council member can ask to have it taken off the agenda or moved to the end of the agenda. Councilperson Welper, so I'm asking that this be removed from the consent agenda and be voted on separately. Mayor Clark, that is item number 1b6 on the consent agenda, that will be taken off and put at the end of the regularly scheduled agenda as item number 17. CONSENT AGENDA 135829 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-91, dated January 18, 2011, in the amount of $2, 806,430.70, 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. 2011-34 . b. Motion to approve the following: Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed 1. Dennis Gentz, 47th Annual Ankeny, February $350.00 P.E. , Assistant Concrete Iowa 2-4, 2011 City Engineer Paving Workshop 2. Matthew Lead Training Ankeny, January $1,545.00 Chesmore, - Initial Iowa 24-28, Rehabilitation/R Courses for 2011 elocation Certifications Specialist •paTaameo uozgoN •Aggap :quasqy •epuabe aqq 3o pua aqf oq paAow uaaq ssq goTgM 9qT qnq swag- Tip uo 'x-S :saAy •ginsaa buTMoiTo3 agq. gfTM uotgow aAogme aqq uo uaNs; smell agoA s squawwoo burMoTTog 'Time qv auou 'meNiaay 3aTL3 suotgmen'gts snotAaad Aume ut wain 3o Aus ggtM Aaolszq ou '4gtwgos uosaadizounoa •srenptATpui 3o dnoab ameinoTgaed stgq oq pansst buzaq asuaozT stgq gaTM aigme3zo;moo s,aq pus ssaoozd stgq ggTM paATonut met oqM aaivaaap 3usabaas ggtM afods i 'gos3 3o aaggew s s*d •ssaoozd ano paATAans szgq puy •umeid ssautsnq gbnoaogf AaaA me ggtM una TTaM aq o- buzob acme gmegq sassautsnq agswT1TBai azs sassautsnq asag3 aansua o4 Itounoo aqf Aq panoadds uaaq ssq gsgl ssaoozd gbnoaogq AaaA me ssq quawgasdap aotiod 'aotiod 3o 3atgD 'meNTaa,1, •r Tatumea 'asmea qv aiggzi me puTw s,ApogAaaAa lnd oq aaagq uo quam gmegq. ssaoozd alp gnoqme '3tq aTqm4zT me Ass aotiod 3o 3atg3 aq3 aAmeq gsnC pinoo am 3t buta9pU0M S M I -sans gmeg3 ut uMop waigoad s uaaq ssq gegq pus asuaoiT aonbTi Mau me st TTgT '33twgos uosaadTtounon •pameaq aaaM squawwoo butMoTTo3 aqq 'swag- anogme aqq uo agoA s oq aozad 3aaals aabuo3 •M OTE 'wooaTimeg Named ozagoaTS•ET uotTmeotiddy saav aopAaaS aoopgno (abaTTATad buzaagsn ggTm safes Amepuns sapniouI) (IT/ST/OT saatdxg) (MaN) gaaags 11117 •g OZE 'ameTia3 aqy qumeanme'gsag n3'Zi (sails AspunS sapniouI) (ZT/£/T saazdxg) (maN) gaaanS gaT, 'M ZTE-OIE '10a4Tun 3HE'TI (saimes Amepuns sapnTou=) (ZT/Lz/T saazdxH) (TsMauag) gaaags aabuo3 'M OTE 'wooaTimeg Named ota3oaTH•OT (TTOZ/TE/OT saazdxH) (imeMauag) AsmgbTH auti1TV 'M LE6E 'abuno7 3usansgsag s,Z '6 (saimes Amepuns salon-foul) (ZT/SZ/T saazdxH) (isMauai) anuaAy AmeMabpTH 'S 09E 'aoeid sagfo GILL •8 3 sssip uotgmeotiddy gtwaad asuaozZ aonbi' (sails Aspens sapniouI) (ZT/Z/T saazdxH) (Tsmauag) anuaAy umebo7 TZZZ 'Z# ssp aaA-AH 'L 3 sssiD uoz3meoTTddy gtwaad asuaozZ aaag aoAsIni Aq Paq3tw n Namei3 Nona q S-ttOZ '8T Ai numer aATgoa33a 'saoTAaas Aga3mes 3o sogoaata 30 U0T Tsod aqq of meNiaas •r iazusa 30 quawqurodds 3o uotgspuawwooag •9 aosTAaadnS TTOZ meMoi aogmeaadp 'DZ-EZ 'sptdmeH sotsmeg wagsAs quawgmeaas 00'OSZ$ Aasnagad zspaD uoTloaTiO3 ustag •s uotgTg1qxa ao3 Na0Mgame do Notd szouTITI ' uomPtgtgxH 'obmeozg3 buzan0y aogmeasdaad/goat' 1IOZ '3 meMOi A4atooS 'uaazsM 8T Li 'u0stpsw aoiooaagmeM uax :aoTsan3 00'0958 Aamenuar gaol meMoi aaATTaC 'aTNuagW qua)/ •f butpun3 Tsaapa3 Tszquagod ao3 sgoaCoad suoL3meiaH 3o uotTsoTTddme quawuaaAop aqf ao3 squsgInsuo3 OTOZ 'S-E stool ao3 ooiaageM 'aM0H uuATTV 00'STZ'1$ aagwanoN 'o0TaageM o3 Tansay pup uaazsM goTa 'E Z absd ttOZ '8I Aasnumer January 18, 2011 Page 3 PUBLIC HEARINGS 135830 - Schmitt/Greenwood that proof of publication of notice of public hearing on Request of Suresh and Rupa Reddy to rezone from "A-1" Agricultural District to "R-4" Multifamily Residence District approximately 7.48 acres generally located south of 6015-6220 Donegal Circle for the purpose of constructing apartments that will serve the students at Hawkeye Community College; and rescind Ordinance No. 5021 in its entirety, as published in the Waterloo Courier on January 14, 2011, be received and placed on file. Ayes: Five, with Councilperson Hart abstaining because he is employed by Hawkeye Community College. Absent: Getty. Motion carried. Getty now present at 5:39 135831 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Greenwood that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six, with Councilperson Hart abstaining because he is employed by Hawkeye Community College. Motion carried. 135832 - Schmitt/Greenwood that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 410 to Section 2A-5, Rezoning Certain Property; and rescind Ordinance No. 5021 in its entirety", be received, placed on file, considered and passed for the first time. Ayes: Six, with Councilperson Hart abstaining because he is employed by Hawkeye Community College. Motion carried. 135833 - Schmitt/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six, with Councilperson Hart abstaining because he is employed by Hawkeye Community College. Motion carried. 135834 - Schmitt/Greenwood that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 410 to Section 2A-5, Rezoning Certain Property; and rescind Ordinance No. 5021 in its entirety", be considered and passed for the second and third times and adopted. Ayes: Six, with Councilperson Hart abstaining because he is employed by Hawkeye Community College. Ordinance adopted and upon approval by Mayor assigned No. 5025 135835 - Schmitt/Greenwood that proof of publication of notice of public hearing on Request of Union Baptist Church to rezone from "R-2" One and Two Family Residence District to "C- 1,C-Z" Conditional Zoning District approximately 1.29 acres generally located south of 130 Jackson Street for the purpose of constructing 79 individual mini storage units, as published in the Waterloo Courier on January 11, 2011, be received and placed on file. Prior to a vote on the above motion, the following comments were heard. Councilperson Jones, there are a few neighbors in the area that have some concerns about this particular project. I think it's a good project with property landscaping and such. But have those concerns been addressed? Mayor Clark, I don't know if they have but I think that they have. I know Mr. Western is ready to present some information regarding this item. We have a hearing and if any of them are here we can certainly address them or they have the opportunity to come to the microphone. We'll proceed and see if they are. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. 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NaaM lad sgTun omg assal og atgp azaM GM ;T 'zau og pauTmtdxa I ss pull •uo sT Agzadozd zaq gsug apTs aug uo uana you sT saTgaadoad aug ;o gsazaguT agy •azaug zauTpzq ou p sT OT;;sag gnq oT;;sag sSM sbuTgg aug ;o auo •Addsq aq og zau gupm am pup sauoo Agzadoad s swags asnpoaq suoTgsanb asogg pauTpgzagua am gng •suoTgsanb aqg ;o awos aam asogg pup Moazowog ggnos zo ggaou Motq og buTob sT puTM aug ;T mom{ g,uop i •sbuTug asogg zaMsup you pZnoo i gmgg zaq Ilag og gbnoua gsauoq sum I gegg men og pasodoad axis gmxig sbuTgg ZpoTgaggodAq awos peg axis .lag ugTM uoTgsszanuoo anogT p gnogs ansxi pTp I 'sapupxaly 'saw •pa5Mao; buTnow pup goaCoad alp ugTM paspatd aq og sguapTsaa agg ;o Tip pun.; am •pTp i saA 'suTNuar zogspa .sguapTsaa og )(Ipg og AgTungaoddo up anmq noA pTp 'gzsi uosaad1TOunoo 'pasmao; goaCoad sT gg aNsg og aaTnbaa ptnoM AgTo aug gsug soads agg tie gaaw og Aag am gpgq gas coy •suguow xTs gssd agg so; sTug ggTM auop an,Aagg gsug NaOM agg Its zo; aOusnpp uT guawgasdap buTuoz pup buTuuptd agg Nuegg og gupm I •goaCoad sTgg tIgTM pessatd IIaM eq IITM 'sBasT-;e A;To aug sm IIaM ss A1Tunwwoo alTgua awl 'pagatdmoo Tie s,;T uaum gsgg uTmgaao pup ggnop s gnou;TM wm I •sndwpo bTq auo 'goaCoad ETC( auo aq og paubTsap Its SPM asta burg;Agana pus saoloa agy •awTg sTgg as 1Mo GM tOTtM UT saguao agg pus goanuo alp ggTM uT puatq uana og paubTsap s,gi •gsowgn agg uo A;Tunwwoo aqg aousqua og paubTsap sT goaCoad agy •buTdeospusl aqg AIIsToadsa 'men zo; gno sApT AgTO alp gpgg soads agg ;o Tie ggTM Aldwoo og puaguT op am 'uozngo gsTgds$ AzmuoTssTw uoTun ;o suT)(uar uTnzsw zogssd •goaCoad agg ;o sonp; uT you sT TTTgs pup suT)(uar logspa ggTM suoTgssaanuoo atdT;Tnw ansu pTp aus gpgg pagsotpuT axis pup sapusxaTv uAtzpgD wog; UOTgoecgo uag;TtM auo spm azagg 'gzpH uosaadETounop •suoTgoaCgo Irmo pup uag;TaM so; paTreo aoApw aqg 'buTmeaq DTtgnd ;o eostd pus awTg aqg buTeq STuy - 9E85ET absd TTOZ '8T Aasnupr January 18, 2011 Page 5 135839 - Greenwood/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 411 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5026. 135840 - Hart/Greenwood that proof of publication of notice of public hearing on Replacement of Livingston Hangar Windows at Waterloo Regional Airport, as published in the Waterloo Courier on January 11, 2011, be received and placed on file. Ayes: Seven. Motion carried. 135841 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Greenwood that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 135842 - Hart/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Replacement of Livingston Hangar Windows at Waterloo Regional Airport", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-35. 135843 - Hart/Greenwood that "Resolution ordering construction in conjunction with Replacement of Livingston Hangar Windows at Waterloo Regional Airport", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-36. 135844 - Hart/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Airport Director for review: Bidder Bid Bond Bid Amount Zephyr Aluminum Products, Inc. 555 Huff Street P.O. Box 936 5% $30,895.00 Dubuque, IA 52004-0936 Ayes: Seven. Motion carried. RESOLUTIONS 135845 - Schmitt/Welper that "Resolution approving recommendation of acceptance of bid from Marion Body Works of Marion, Wisconsin, for the purchase of a new fire truck in the amount of $452,134.00-Submitted by Mike Jenn, Interim Fire Chief", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-37. 135846 - Schmitt/Welper that "Resolution approving 2011 Golf Fee Schedule as recommended by the Leisure Services Commission-Submitted by JB Bolger, Golf Manager", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper, obviously the rate increase on golf fees is the need of revenue but I have to think that we're going in the wrong direction. As long as I've lived here, I've been told that Waterloo has some of the finest golf courses around. We are very fortunate to have those. Unfortunately what is happening is surrounding communities are also building golf courses and everybody is struggling with making ends meet and trying to attract golfers to •butgq ;o adAq gvgg .'o spuaxaaM auq u0 aa; sagbiu v abzetio sumo; butpunoaans aqq ;o awos xutgq I qnq 'suozgdo aqq 3o tie qv xooi ;o pup( Aagq gegq butwnssv w,I os aaggiwwoo znoA uo spa;iob pTne awos qob an,noA mom' I 'ggtwLios uosaadTtounop do xOeq butseaz0ut ATivaauab ;o pup{ aas Aagq qng •stgq uvug zagbTt; Aigvaaptsuoo spunoa zno peg am uagM obv sieaA 0T ATgvgoad seM ;iob ;o Aep Avg aug ATgvgoad •0s ao savaA 0T gsei auq aano gsoi am gegq spunoa agg ;o awos utebaa oq buTgavgs aze am butxsads ATivzauab qng •a0aA iaggeam geaab e peg am 60OZ 'avaA zaggeam AsnoT Aggazd v pet; am 8O0Z uI 'OTOZ Lit spunoa £O9'Z6 pue 600Z uT spunoa Z96'66 8O0Z Lit spunoa LZL'S8 qob an,aM 'butgnH •zw Lumop ao dn 'Appals am say zsavaA Ma; gsei agg paxoezq ansg spunoa zno mug MOux noA op 'ggtwLiOs uosaaditounop •uoseas butwoodn sTgq ao; aseazoui agva v goacoid ptp am 'e.'vaA gabpnq oMq ueds uoseas gxau ao; salsa ano a0uTs •avaA gsei suit; gabpnq butanp uotssnostp P peg GM gsuq sT JO TTOuno0 putwaa pinoM I butgq aauuo agy •asvaaout saop gegq aeaA gszt3 auy .'eaA puo0as auq x0vq aw00 asogg Aiisaauab qng •qt abueg0 aM uagM asaA ;sit; gsgg ao; BPI sassed uoseas ma; v aas oq uowwo0un g0u s,ql •anuanaa Tvgol ano uo butxeads ATivaauab aseazouz UP aas op am 'sTvnaagut a0aA aargq asagq uo qt pastes an,aM uagM saeaA Auvw lsed auq zano uaas anvil aM lvuM .quid Aaq oq aq pinoM gno put; p,noA APM ATUO agg puy •APM geuq Aauow anoA axew ii,noA pus dn ob TTTM Avid agg pup aas Aagg APM agg sages aug ane3T Si Amoagq auq ssanb I •sTgq passn0stp am uagM butgaaw zno qv aaaM saagwaw iTouno0 Teaanas •aaag st uotsstwwoJ auq ;o atvuo a01A zno pup aza1 st suvns uTAax aTvuW aaggtwwoD ;To0 zno lvul uOTluaw oq butob w,I putt •EUTgq v Lions st azauq ;t 'ivnaagut avinbaa zno ;o putx s,gegy .op saeaA aaagq zaq;e Aiivaauab am 'butgnH •zw ,.savaA aaagq uT sales aug pastes l,uanvg GM pup 'atop uosaadiTounop .sans 'butgnH maw 6qT Lit wnaioagad awos anew ATTensn geuq sTEOtwag0 'atop uoszaditounop ggbta 'butgnH •aw Zaazt1tga9; 'atop uoszadiTounop •sasvaa0ut uaas anew GM 'butgnH •zw zseb gnoge ge4M 'atop uoszadiTounop •goazao0 'butgnH •aw s m 'dn auob anv saTav v cg0aaao0 'aidoad buTAvd aze noA q u g i s i,szsaA aazug gssi agg uT do auob q,us0Li gegM sales ;iob uo au1T atq 6utpi0g hogs xivl aM ;t 'Glop uosaadiTouno3 •qt;auaq pappv UP st geuq os •spud uoseas v Anq op noA ;t ssed auo aug gg1M Avid u00 noA gegq sas.'no0 ;iob aiog-8T aaagq egg anew am iiaM 'butgnH •aw �satgtunwwo0 butpunoaans awos oq paaedwo0 sasano0 ;iob Otignd Auew Mot; aneg am uotg0aias se .'v; se 'ga0H uosaadiTouno3 •antltgadwo0 aze GM ing 'vane agg uT saszno0 ;lob TTvws Tsai agg ;o awos ttvgg aaubtg gtq aTggTT e pup sgnio all ;o awos uegq aaMoi aTg3TT v ATgvgoad sae am •sn ptlnoae asoug oq algvavdwo0 axe am -spunoa Atop gsow uo OO•T$ pus sassed uoseas Isom aze 00'06* 'qunowe aigoaedwo0 o sages zzagq asTea gsnc pip eITe3 zepa3 •noA zo; uOTgewaO;uT gegq gab u0O AiuTrgaa0 I •gzeg0 ages v butaq g,uptp I •aigvaedwo0 Aaan aze Aauq 'zogoaata saatnaas aansta'T 'butgnH Tned .asTM amen uagq satgtunwwo0 butpunoaans oq aaedwo0 sags.' zno op Mot; 'gavH uosaad1touno3 •ggaoM satuow Aw lab I 'alpptw agg uT qubta dogs g,uop I os asan00 aiogM aug aas of guPM I •wagq ;o lie Avid of axtl I 'sasano0 agg uo AvTd I ua1M gegl ppe lgbTm I puv •aadTaM •aw squawwoo pooh 'xavT3 aoAvw -spa; all ;o uozg0npas P aas oq axti pinoM I pus 'asaq wagq daax gsvaI qv ueaw I •ooiaag0M oq x3eq aidoad agg g00aggv 01 paau am xuTgq I •seM ;iob uMo zno gasqs •ooTzagvM of {Ovq spa;iob agg pint oq butggawos Aay •aanags1M ao 00'ST$ qe x3OM o sAvp aaagq guaM Aaul ;t am aowng 'psis butg3Aue ;I 'O0•0Z$ xo3 aau0 Avid snsaaA 00 '0£$ ao; aa1M3 Avid is;iob v pas xaggea pinoM I •awtq auo snsaan sawtq OAT; ;iob Avid of Apogawos ao; aaow Aire gso0 q,usaop qI •aaaug Apeaaie axe slso0 Lit-3Ttnq anp •s{OaLiO Altan0ee TeTOos zta4q uo Aauow TeuoTgTppe Awe butntaoaz uaaq qou aneg Aagg asnvoaq a0aA szgg {Oeq aTvOs oq aneg ouuob aa,Aagq geqg suaztgt0 aotuas atq ;o awos Aq ploq uaaq an,I •aovid zzagq 9 abed TTOZ '8T Aasnusr January 18, 2011 Page 7 Is that something we've taken a look at? Because we are the same where Monday is a dead day, etc. Mr. Huting, we do have some specials that kind of address that. And we have the MTW Special which is the weekday special. That rate is $9.00 so that is kind of our attempt rather than tack it on the weekends when we offer a special on the weekdays is our approach. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Welper. Resolution adopted and upon approval by Mayor assigned No. 2011-38. 135847 - Schmitt/Welper that "Resolution approving recommendation of award of contract to Miller Fence Co. , Inc. of Waterloo, Iowa in the amount of $33,915.00 in conjunction with Percy Danes Baseball Complex Fencing Improvements Diamond #3-Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-39. 135848 - Cole/Getty that "Resolution approving Professional Agreement with Invision Architecture in an amount not to exceed $14, 000.00 plus reimbursable expenses not to exceed $500.00 for analysis, design work, bid documents and construction coordination related to the Waterloo Center for the Arts Window and Door Replacement Project- Submitted by Craig Clark, Interim Building Official/Maintenance Administrator", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-40. 135849 - Cole/Getty that "Resolution approving extra services per contract with Snyder & Associates in the amount of $1, 158.00 in conjunction with Hammond & Ridgeway Project- Submitted by Sandie Greco, Superintendent of Traffic Operations", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-41. 135850 - Cole/Getty that "Resolution approving request by Young Development, LLC for a variance to the City of Waterloo Subdivision Ordinance, Section 2.4 (2) a, Signing and Recording of Subdivision Plat, to allow for the recording of Klingaman Park 4th Addition-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-42. 135851 - Hart/Cole that "Resolution approving Contract Amendment to Iowa Department of Economic Development Multi-Family (Rental) Unit Production-New Construction Program-Round 2-IDED Contract 08-DRH-211 on the award of disaster recovery funds in an amount not to exceed $525, 000.00; and authorize Mayor to execute said document- Submitted by Nancy Gulick, Community Development Coordinator", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-43. 135852 - Hart/Cole that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Tideflex Technologies of Carnegie, Pennsylvania at a total cost of $72,695. 00 in conjunction with F.Y. 2010 Dry Run Arch Valve Purchase, Contract No. 793-Submitted by Eric Thorson, P.E. , City Engineer", be adopted. Ayes: Seven. 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Councilperson Cole, they are usually at Cattle Congress grounds. Randy Herod, 111 Highland Boulevard, what I am here tonight to do is ask you to postpone doing this. While I understand what Mr. Walsh said that it's absolutely true. There is a number of cities that are doing this kind of thing. There's also a number of cities that have decided not to do this because they fear of getting sued on this and they fear there's also a number that have backed off from already starting this and have stopped doing what they were doing. It's true that the Attorney General's office has made an opinion. In fact, he has made several about this issue. But it does seem to come down to a fairly narrow area that he's talking about. We have the law of preemption which says that basically you can't be more restrictive than what it is in state law. And he is saying that basically that's overruled because of what Mr. Walsh had said. That the city is considered the owner of the properties and therefore as owner can do what they want. Does the city fall into the category as a private citizen doing that? That's what's going to be adjudicated. And all I'm suggesting is that it might be a good idea to postpone doing this until you see what's really going on in some of these communities. And some of these are going to go to court. There's no question about that. The Iowa Firearms Coalition is preparing on that right now. And all I'm saying is that it would seem like really smart, rather than jump into the water all the way, just hold off until we see what's going on. One other thing too is that this is more perception than anything else I guess. We all understand the concern. We all understand the reality of the world we live in and these laws would be here too and this resolution would end up protecting pretty much those who are officials and employees of the city. But it won't really do an awful lot even by intent for citizens. They kind of make it separation in that image. I'm not, I'm saying I know that's not your intent but I'm just saying that's an image that comes about from this kind of thing. I would just hold off until you have an opportunity to see what's going on with the rest of the state and see how the Attorney General does in his opinion. Because remember they are not laws, they are only opinions of the Attorney General. And while we certainly all listen to what the wise words that he comes up with, they are merely opinions until as Mr. Walsh said, they walk before a bench and a final decision is made. Mayor Clark, thank you Mr. Herod. I might just make one comment to your comment regarding the appearance of it being directly specific for public officials. One of the things that we talked about really in depth is the language for this and the intent of this particular weapons ban was, and you'll notice in the wording, it says all city property, which will include Lincoln Park for instance. And it was our opinion that if people chose to begin to carry weapons on public spaces, that it just increases the opportunity for a fight that started after someone had had too many beers is going to end up being a fist fight and then now there's a gun involved. And we are trying to prohibit that. So we are very much taking into consideration the citizens. Mr. Herod, I know that this is not the place for debate but I'd just say that any study I've read, and I'll reference Professor John Lot, is probably the best one that's out there because he has done the most complete studies. When you are talking about people who are legally armed, that basically doesn't happen. And those who are not legally armed really don't care about your resolutions or laws anyway. Forrest Dillavou, 1725 Huntington Road, your statements and questions about the Five Sullivan Brothers Convention Center, I have attended gun shows there. And at each of those gun shows people bring in their guns that they want to sell and dealers sometimes get them bought and sometimes don't, as well as citizens going in and buying guns and taking them out. Five Sullivan Brothers Convention Center is not real prosperous I'm sure. And this would probably take two days out of each year out of their schedule. Brent Gernant, 823 Lorraine Avenue, this will be more brief than the e-mail. Tonight you are voting on a resolution to prohibit firearms on public property in the City of Waterloo. I thank you for allowing public comment despite the lack of public hearing. But there are several reasons why this resolution should not be passed at this time. First of all, this resolution is a reaction to media hype rather than any actual change in Iowa Law. The only thing that changed on January 1, 2011 was the implementation of uniform standards for issuing permits to carry. In Black Hawk County virtually nothing has changed. From the Waterloo Courier on January 13, 2011, Sheriff Thompson said the law changed a little about how his office handles applications. Both Thompson and his predecessor, Mike Kubik, had been running the permit process along the lines of a shelled issue operation. So why is this coming up now? Because of media hype, not because of any change in the actual effect of the law. Secondly, restricting legal carrying of firearms does not make the public safer. In fact, the opposite is true. 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Mason Fromm, 1922 Grand Boulevard, Cedar Falls, Iowa. I am the Chairperson of the Cedar Valley Civil Rights Peace Walk Commission. And our aim is to enhance Washington Park with a beautiful amenity park. Currently Washington Park has a diagonal sidewalk, has a beautiful Japanese pavilion or tea house as it's commonly referred to. What we'd like to do is increase the use, increase the visibility and basically spruce up the place with what we feel is a very important story in Waterloo's history, which is the visit in 1959 of Martin Luther King Junior. And with this being the day right after Martin Luther King, the day that has been celebrated for over 25 years as a federal holiday in our country, it's a very right time to discuss this issue and move forward. If you don't know the story, this young lady right here, Anna Mae Weems, was working in the White House in 1959 and brought Dr. King here basically on a whim. She grabbed his arm and said people need to hear you pray. He came right to Waterloo, walked our streets, and spoke with many of the community leaders. Businesses such as John Deere stepped up with funds and Palace Clothiers gave him clothing. People escorted Dr. King around in our streets and I think that story is such an important one to tell in our community. After 1959, of course, we all know Dr. King's works until his untimely assassination in 1968. It's a very passionate project for me. I want my four children to learn from the mistakes, from the trails of the 1960s, 1950s and certainly beforehand. If we can learn from history, we are destined not to repeat history. And I want to make sure that this important historical tie to one of the greatest Americans who ever lived is showcased right here in Waterloo. Now, getting to the resolution. At the Leisure Services Board meeting there was some confusion as far as the ending of the meeting. It was our impression that we were instructed to bring back recommendations and further explore some of the other sites that were before us right before Thanksgiving. Mayor Clark invited us to the Vandewalle meeting and we learned of probably 6 to 8 additional sites that we know would be available. And in order to correctly get those sites, we'd like to have some time. Of course, between Thanksgiving and the holidays things are extremely rushing for everyone. I had another child born during that time so we weren't able to get a quorum together for our committee. It's my hope that the council will do one of two things. Either reverse the recommendation by Leisure Services and allow Washington Park to be used as the site for the Martin Luther King Jr. Peach Walk or allow us some more time to get those additional sites. Mayor Clark, thank you Mr. Fromm. I don't think that anyone, particularly myself, opposes this project. You know how strong I feel about the project. The only issue we are talking about here tonight is the location, not the strength of the project or need for the project. I agree with everything that you said so I really want to make sure that everyone understands that all we are talking about here is the site, not the importance of the project. Councilperson Hart, Mr. Fromm you said there are 6 to 8 other sites out there that has not been brought across the full board to make a decision yet. And you wanted the opportunity to discuss those sites before. Mr. Fromm, before we go to Leisure Services. And there's representatives from the Leisure Services Board here. There were comments made during that meeting that we feel we're going ahead blindly because we don't have all the information at our fingertips to make an informal decision. So at the end of the meeting, the chairperson named Buck said okay Mason, go find some more research and bring it back to us. So that was our intention, and so it was a little bit surprising that we were brought to the council to either approve or deny their recommendation. The timing was right, right after Martin Luther King Jr. Day, but we have not been given time to properly get those other sites. The thing about the other sites is that they're kind of secret. They have to be secret because they are part of, and some of them are still, privately owned land. Some of them are several years off in the making. So we wanted to weigh all of those issues and provide the Leisure Services Board and the Council with an A through F or G list. It keeps the secret identity of those locations so it doesn't stack up the cost of the land if the city decides to buy it or whatever has to happen. Mayor Clark, the only reason that you went to Leisure Service or that you are here tonight for that matter, is because the request was for a city-owned park, which is controlled by Leisure Services. If it wasn't that, if it were some of those other sites that you mentioned in the downtown plan, it just happens. We don't have to have approval from council for that. That's just part of the project. This is here tonight because you chose a city-owned park for the location. 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gnoqp pazagwnu paggaA a1a1 gpgg salts snotnazd aqy •szeaA aazgq gnoga zo3 uo buto5 uaaq s,gt ATTPaz oS •zotzd zpaA P gnoqp aaggtwwoo stgq pawzo; pup zaggabog uaggob peg aTdoad 'pautoC I azo3aq puI •obe sIPaA oMg gnoqp aagltwwoo agq pautoC I •zpaA auo zaAo aT41TT P zo3 uoszadlTpgo agg uaaq aA,I gnq gegg oq )Pads osTp p'noo zgznx 'wwoz3 zw •zgznx •zw zo gegq oq )Pads noA p'noo LsTgq zo3 pa)otd seM )1Pd uogbutgs8M gegq aq og awpo qt MOH •szeaA 3o a'dnoo P gsp3T gP zo3 aaggtwwoo agq oq butob uaaq s,gpgq Apogawos oq gnq 'zgznx •zw agAew zo noA zo3 uoTgsanb zte3 P sT sTgg 3T Mau) q,uop I puI •NaPd uogbuTgsPM asogo zaAaogm zo noA ATTpotspq 'squawwoo s ,zoApw aqg uo paseq 'ggtwgos uoszadTtounoo ZI abed TTOZ '8T AiPnuPr January 18, 2011 Page 13 have a connecting venue from one venue to another. Where there's real opportunity, I think, for having hundreds if not thousands of people walk amongst the different Martin Luther King attractions that might be on a daily basis. Where I think from my perspective, I don't think that Washington Park is going to get near the activity that maybe is thought. And another suggestion that came up was, how about to have actual 4th Street included into the Martin Luther King Peace Walk? What a symbolic structure that is. It connects the east side and west side, and if Dr. King was here, he might have crossed over 4th Street. And to have some venues on both sides of that with stations along 4th Street I think would be a huge benefit. I just think there's a lot to offer in all of the updating that we are doing in the downtown to have this project a focal point in some of those events. And to maintain the integrity and the history of Washington Park. Pastor Jenkins, as Mr. Fromm stated earlier, that we really need some time to consider the other options. And I think the motion for this to be denied for the Washington Park, that perhaps we could really consider postponing that and give him the opportunity before its closed out to consider everything. I would hope that would be your final suggestions tonight. Patty Berning, Director of Bridges Senior Living, 214 Washington Street, I'm sure you're aware that Bridges is located just two blocks west of the proposed site. I'm sure that some of you are aware that we have over 80 seniors living at Bridges right now. I will tell you that it's a safety issue for them to walk down there. Everybody knows what is behind our building. We have had a member approached in the park trying to take his wallet, so now when he goes walking two blocks away, he carries a club. Now how sad is that? I really think that with the enhancements that we are looking at for the MLK Peace Walk, we would certainly have improved lighting in the area. Wheelchairs would be accessible, walkers would be accessible. Our property and our community is going to grow. We are going to have more seniors there. And what a great opportunity for those seniors to walk two blocks down and interact with children. It is a location that you also have to look at again. And for many reasons I also would like to submit 200 signatures of people that are supporting Washington Park. It's had to get those. Councilperson Hart, are the signatures that you have just from Bridges folks? Because I keep hearing of opposition from neighbors in the area. Ms. Berning, oh no. They are not from just Bridges. Councilperson Schmitt, Councilperson Greenwood and Councilperson Hart and myself have been involved with this committee for a while and I think that it just seems to me as I've listened to this discussion for about the last year, that some of it's emotional and some of it's logical. And I think that from a purely logical standpoint going back to Larry Kurtz and the committee, originally zeroing in on Washington Park, it was based on a logical reason that among other things that that would tie the Grout Museum and Imaginarium together. It would be a walkway between those two. We met with the Vandewalle group prior to you becoming mayor and it fit into their museum district. And their initial response was we hadn't even thought about this, but as they thought about it a little bit more, they said that seems to kind of fit better. Because the city is divided up into various rooms, I think is what they call it based on what they are, but I hesitate to talk too much about this because I've got some really good friends that are involved either in Church Row or the Historical Society that again are opposed to this what I think are for emotional reasons rather than logical reasons. But as we look at that whole area, the Grout Museum, the Imaginarium, Snowden House, Bridges and you look at the area immediately across South Street in there which is some of the highest crime and some of the biggest problems that we've got in the city. And being able to continue to develop that area I think would be a very sound and logical decision. I think it would be beneficial to the Church Row Neighborhood. The Chief and I and the former Building Official had been working with Church Row leadership for quite some time to try to figure out how to get from a crime standpoint. And I really think that this would enhance it as Ms. Berning mentioned. And the more activity in the park, more lighting, more security and I know the Grout Museum has got a bunch of great ideas on how they could interact with this. And so I'm not opposed to these other ideas because I still don't know where they're at. But I know that previous locations we looked in, down along the river and some other park areas in downtown Waterloo that just wouldn't fit because of the size standpoint, parking, restroom facilities, safety or a number of different issues. And so as Mr. Fromm mentioned, we kept coming back to Washington Park for that reason. I guess what I would really like to recommend is that I would really like to table this so that we could take some time to continue to have this dialogue because I don't want this thing to be starting off in the friction that it is right now. I think if we are able to take our time to look at some of these other locations, then maybe Washington Park isn't it. 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I wanted to mention that because she was an extraordinary individual who really cared about this community and did what we would like our youth to grow up into. Mayor Clark, thank you for bringing that up. I knew that she was very ill and I did not know she passed away. So my condolences to the family and if I'd had known that, I would have asked for people to keep her in their thoughts when I started the meeting. Mr. Herod, my friend Bill Kammeyer and I were talking about this today and we used to meet in Shirley' s office at the Happy Chef. It would go from 10:00 p.m. to 1:00 a.m. discussing subjects. Most of the time Shirley and I were not on the same page, but when we walked away, there was never a single once of animosity in that lady. She was an extraordinary person. Cole/Hart that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 135862 - Cole/Hart that the council adjourn to Executive Session at 6:49 p.m. Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (j) (2009) . EXECUTIVE SESSION 135863 - Hart/Cole that the council adjourn Executive Session at 7:10 p.m. Ayes: Seven. Motion carried. ADJOURNMENT 135864 - Hart/Cole that the Council adjourn at 7:11 p.m. Ayes: Seven. Motion carried. Carol Failor Deputy City Clerk I1i{ '',1.1111 11,1 11 1 111-1_#:' N�]a [PT;J.-1 11;lA1.1 ,1P,T='C`f Im [i' i> w_ To._J1,4 L _. 1 `' I' ,I 4 I I-1 iI -11I M00 7, [ :' I lz mom r t a t o w c, < i5Ii .. nrr_ a-Adi r+. i-i 11 \et .E m it O• µ 1 II c Z II, C -} .I • li r I. IY 'i (., M l N r• i a ° °: a: I. x xg_ o 0 o `� m l 0 0 + p f,, O� O r' C7 11 C y °, O � v D � 1, ra t47 °° 0 L o m :I n w im 1D m o ttJ crn 4 Z 0 6-7 ro i Lt 0-3 -1 it O Js 6i w N. II <P.1 II tie 7y tsi O _ y L n n G] W z 9 1t 11. (� \ 0 o Z ii 0; r"t'ri o 71 m o > 1ii� x y xx D A 1 t iI--4 Zr � � 00 o ", !o a � x � 0 O A7 t ed 4' nw ° � cn -c z [ 111� m ro d 7C 9 a O n N 0° 7 noCy �yn ❑ o ��+ rl b A I „,�! ,7 rn � y Cb OOror n -' . m 1 F ji , 3 o d 0 ° ro vi Z a m u: z 1 11 1I2 J J ,p W ❑ ❑ i 11 li -fit A O ❑ g m W 4/ il Of .. O N N N CO COA I ti .1'.tr foil 10 N N `7 10 10 N A Or N I It m 1 N ❑ N m 0 IO O .4 N 01 m � I i I CI I 01 O DWODOWNPJN . N Il,m R j 11 1i 1) u . 1 11'a- it'a I , II1M III • , 11 I 11 ,' II t+'.I I 11 I ' II ' II 0; 1 it i.-, 11 0.1. i1 Z Cl>I Ti D 11 O: II IG -i' D II .O' Ii i11 >..ta b-. II .�' 'I --I to tV II ' 1 1 I! 1)1 it IAA 1I :5> I ,, a a a a 0 r % ;1 )� . CITY OF WATERLOO, IOWA 4'.r i/ " T m CITY ATTORNIIIYM OFFICE 715 Mulberry Si. • Waterloo, IA 50703 • (319)291-4327 Fax(319)291-4571 Me/MO �O JAMES E.WALSH,JR.,City Attorney • DAVID R ZELLHO&I,R,Assistant City Attorney Mayor BUCK January 24, 2011 CLARK COUNCIL MEMBERS Mayor Ernest G. Clark and City Council City Hall DAVID Waterloo, IA 50703 JONES Ward i Re: Spicoli's Grill, 3555 University Avenue, Waterloo, Iowa, 50701 CAROLYN COLE Dear Mayor Clark and Council Members: Ward 2 HAROLD This matter is set for hearing at tonight's Council meeting. Today I received a GETTY signed Acknowledgment/Settlement Agreement regarding the violation of Ward 3 tobacco laws by the above-captioned permittee. A copy is enclosed for your QUENTIN M. records. I would suggest that the Council Agenda be amended to include this HART matter under the Consent Agenda. Ward 4 I have also enclosed an Order form accepting this Agreement in lieu of a public RON hearing and concluding this matter. Please approve and sign this Order at WELPER tonight's ht's meeting. The Original signed Order should then be sent to the permit wards g g g holder. A copy should be returned to the City Attorney's Office. BOB GREENWOOD Thank you for your assistance. Please call me if you have any questions. At-Large STEVE Sincerely, SCHMITT At-Large �- David R. Zellhoefer Assistant City Attorney DRZ:lc Enclosures: Signed Acknowledgment/Settlement Agreement and Order C: Police Chief file CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer • REC'CJAN24 2011 IN RE: SPICOLI'S GRILL ACKNOWLEDGMENT/ 3555 UNIVERSITY AVENUE SETTLEMENT AGREEMENT WATERLOO, IOWA, 50701 FIRST VIOLATION I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we)understand that this penalty will count as an official "First Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) have enclosed a check for the amount of$300.00 made payable to the City of Waterloo to settle the above- referenced complaint. The above-captioned permit holder hereby waives all jurisdictional claims. V J Date: er /2_0/ NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT and waive your appearance at a hearing, this document, properly signed and dated, along with your $300.00 check made payable to the City of Waterloo, should be returned to: David R. Zellhoefer, Assistant City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. _AV— ,— - ! ' i : 1 N , a m 1 m No �`� N E \ S ru ' .a I J E Q' N Z e RI OQo AlE rmn • V}u�_L Q ptn- ' 0 J wjW - O -� Cr)2¢ , —/ -1-- rfl 7L3 V) rfl�, r CD . ru U. m w O ��. Es- . CITY OF WATERLOO Council Communication City Council Meeting:January 24, 2011 Prepared: January 14, 2011 Dept. Head Signature:James E. Walsh,Jr., City Attorney # of Attachments: 3 SUBJECT: Spicoli's Grill Tobacco Violation, First, $300 civil penalty Submitted by: David R. Zellhoefer, Asst. City Attorney Recommended City Council Action: HOLD HEARING—Order$300 civil penalty Summary Statement: An employee sold tobacco to a minor. Under Iowa law, the City is allowed to collect a civil penalty of$300. The permittee did not return the Acknowledgement/Settlement Agreement, so a hearing is required. Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: ,_ � : CITY OF WATERLOO, IOWA � ` rp CITY ATTf3FMNEY48 OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax(319)291-4571 941rI0o \D JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOE±EK,Assistant City Attorney December 14, 2010 Mayor BUCK Full House Productions LLC CLARK 3555 University Avenue Waterloo, IA 50701 COUNCIL MEMBERS Re: Spicoli's Grill, 3555 University Avenue, Waterloo, Iowa, 50701 The City of Waterloo has scheduled a hearing before the Waterloo City Council DAVID on the 24th day of January, 2011, at 5:30 p.m., in the Council Chambers, Second JONES Floor, City Hall, 715 Mulberry Street, Waterloo, Iowa, 50703. The hearing Ward] complaint, which has been filed against you, is attached. CAROLYN COLE ' If you or your representative fail to appear at this hearing, a decision may be Ward 2 rendered against you. You have the opportunity to be heard at this hearing and to HAROLD be represented by an attorney at your own expense regarding the mandatory GETTY $300.00 civil penalty prescribed by Iowa Code §453A.22(2)(a) for the violation Ward 3 of§453A.2(1), selling,giving, or otherwise supplying any tobacco, tobacco QUENTIN M. products, or cigarettes to any person under eighteen years of age. HART • Ward 4 If you wish to settle this case in lieu of the public hearing, you may complete the attached Acknowledgment/Settlement Agreement, returning the original copy, RON • properly signed and dated, to David R. Zellhoefer, Assistant City Attorney, 715 WELPER MulberryStreet, Waterloo, Iowa, 50703, no later than ten 10 business days prior wards ( ) S' to the hearing date. With this Acknowledgment/Settlement Agreement, you must BOB include a check in the amount of$300.00 made payable to the City of Waterloo. GREENWOOD This will satisfy the penalty for a First Violation under Iowa Code §453A.22(2) At-large and will conclude the matter. STEVE SCHMITT If you have any questions,you may reach me at(319)291-4327. If you have At-Large obtained representation by an attorney in this matter, the attorney should contact me. Sincerely, • D d R. Zellhoefer Assistant City Attorney DRZ:Ic Enclosures:Hearing Complaint,Acknowledgment/Settlement Agreement C: Police Chief Trelka file CITY WEBSITE:www.cityofwaterloaiowa.com WE'RE WORKING FOR YOU! An Equal Opportunay/AffIrmat ve Action Employer IN RE: SPICOLI'S GRILL 3555 UNIVERSITY AVENUE HEARING COMPLAINT WATERLOO, IOWA, 50701 FIRST VIOLATION The City of Waterloo hereby makes the following complaint against the above-named permittee: 1. Iowa Code §453A.2(1)provides that a person shall not"sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age." 2. Iowa Code §453A.22(2)(a)provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(1),the permit holder shall be assessed a civil penalty of Three Hundred Dollars ($300.00) for a first violation of Iowa Code §453A.2(1). 3. On or about October 7, 2010,the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under eighteen years of age.A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above-referenced section of Iowa Code Chapter 453A and assess a civil penalty in the amount of Three Hundred Dollars ($300.00) against Spicoli's Grill. Day' . ellhoefer Assistant City Attorney Charges Page 1 of 1 Charges, Dispositions, Sentences Title: STATE vs. KIEFER, JACOB JAMES Case: 01071 STA0054549 (BLACK HAWK) Citation Number: 79805 Defendant: KIEFER, JACOB JAMES Count 01 Charge Charge: 453A.2(1)-C Description: 1ST OFFENSE-EMPLOYEE PROVIDING TOBACCO TO MINOR Offense 10/07/2010 Arrest Against Type: Date: Date: DPS Number: Adjudication Charge: 453A.2(1)-C Description: 1ST OFFENSE- EMPLOYEE PROVIDING TOBACCO TO Adj.: GUILTY BY COURT Adj.Date: 11/10/2010 Adj.Judge: TICKUP, Comments: Sentence Charge: 453A.2(1)-C Description: 1ST OFFENSE- EMPLOYEE PROVIDING TOBACCO TO Sentence 11/10/2010 Sentence: FINE Date: Appeal: Sen.Judge: TICKUP, Facility Type: Attorney: Restitution: Drug: Extradition: Lic.Revoked: DDS: Batterer: Fine Duration: Amount: Comment: http://www.iowacourts.state.ia.us/E SAWebApp/TViewCharges?fromPrinterFriendlyPage... 12/13/2010 BEFORE THE WATERLOO CITY COUNCIL IN RE: SPICOLI'S GRILL ORDER 3555 UNIVERSITY AVENUE ASSESSING PENALTY WATERLOO, IOWA 50701 FIRST VIOLATION On this day of , 2011, after a public hearing on the matter, the Waterloo City Council finds that based upon evidence submitted by the City Attorney's Office, the above-captioned permittee committed a violation of Iowa Code §453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarettes to any person under eighteen years of age. THEREFORE, the Waterloo City Council hereby orders that a civil penalty be remitted by the above-captioned permittee, to the City of Waterloo, check made payable to City of Waterloo, on or before (30 days from the date of this Order). This sanction will count as a First Violation of Iowa Code §453A.2(1),pursuant to Iowa Code §453A.22(2)(a). Be advised that failure to pay the civil penalty by this date shall result in the automatic permit suspension for a period of fourteen(14) days in addition to the $300.00 fine. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk BEFORE THE WATERLOO CITY COUNCIL IN RE: SPICOLI'S GRILL ORDER ACCEPTING 3555 UNIVERSITY AVENUE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT—FIRST VIOLATION On this 0 day of , 2011, in lieu of a public hearing on the matter, the Waterloo City Council approves t e attached Acknowledgment/Settlement Agreement between the above-captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above-captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Lx Ernest G. Clark, Mayor ATTEST: Suzy S hares, City Clerk RESOLUTION NO. 2011-50 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION AND ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - FIRST VIOLATION FOR SPICOLI' S GRILL, 3555 UNIVERSITY AVENUE, AND DIRECTING EXECUTION OF SAID ORDER BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, tha t the Order AssessingPenalty alt y of First Violation and Order Accepting Acknowledgment/Settlement Agreement - First Violation dated January 24, 2011, in the amount of $300 . 00, in conjunction with First Violation of Iowa Code 453A. 2 (1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for Spicoli' s Grill, 3555 University Avenue, Waterloo, Iowa, be and the same is hereby approved and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 24th day of January, 2011 . /fal E nest G. lark, Mayor ATTEST: Suzy Schhres, C C City Clerk FINANCE DEPT. STAFF ONLY LINE ITEM USED /f/ £.- ) TRAVEL REQUEST FY„'ZL."/ BUDGETED 4;6-,tf;o .J CITY OF WATERLOO EXPENDED YTD A G-C7(<- 1'} Amended—travel dates*on THIS REQUEST invoice did not match date on LEFT AFTER THIS ?C receipts and inclusion of a meal* REQUEST DATE '/Jc._ /-// ".,, .>'// Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Rich Warren, Consultant of Government Relations January 5, 2011 Allynn Howe, Consultant of Government Relations NAME OF CLASS I MEETING: DESTINATION: DEPARTURE POINT IF NOT WATERLOO: Washington, DC DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: July 25, 2011 July 26, 2011 July 25-26, 2011* PURPOSE OF TRAVEL/TRAINING: Under the consultant contract with Government Relations Consultants and the City of Waterloo approved May 3, 2010 some travel may be beneficiary for the application of projects for potential federal funding in Washington, DC WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE X AIRFARE DEPARTING FROM: Washington, DC ESTIMATE OF COST: BUDGET LINE ITEM: 410 08 6280 21403 $238.00 LODGING TAXI X GRANT REIMBURSABLE $ 13.50* MEALS PARKING YES NO REGISTRATION $650.00 AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL $50.00(bags) MISC/TOLLS YES NO TOTAL FOR ALL: $ $951.00 TOTAL: $ $475.50 PER PERSON I/Lt4iL� ��.. ) i /-,,ii l ear%���� r ��� 7,ty, I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AN IAL TO THE CITY OF WA 00 DEPARTMENT HEAD MAYOR/. /0-I I IbA42-0t1 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED CV° S 7 4{1oc i/& TRAVEL REQUEST FY• -I% BUDGETED _ 146 : tc CITY OF WATERLOO EXPENDED YTD _ /5/ THIS REQUEST ('(' LEFT AFTER THIS REQUEST ./c/ DATE • ,. / //-:2ay/ Original-Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: Todd Derifield, City Forester 1/10/11 NAME OF CLASS/ MEETING: DESTINATION: La vista, Nebraska 65th Annual Conference and Trade Show of the Midwestern Chapter of the International Society of Arboriculture DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 1/26/11 1/28/11 1/26/11-1/28/11 PURPOSE OF TRAVEL/TRAINING: 1) Attend Midwestern Chapter of International Society of Arboriculture's Annual Conference 2) Collect required CEU's to maintain Certified Arborist Status WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-37-4100-1346 LODGING TAXI X GRANT REIMBURSABLE MEALS PARKING YES NO 245 REGISTRATION AIRFARE X REQUIRED CERTIFICATION 125 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 370 TOTAL: $ 370 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO 614/ DEPARTMENT AD MA OR i I I DATE DATE K:AShared Goodies\Forms\Travel Request Form January 2010 LINE ITEM USED :fit / 140- 1391../ FY �i_' BUDGETED Li EXPENDED YTD - TRAVEL REQUEST THIS REQUEST S-.3 1/0 CITY OF WATERLOO LEFT AFTER THIS REQUEST eQ) DATE 7;y Lr)-2ci1 Original-Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: Ryan Mahood, Josh Heller, Neal Caughron, Mike Schipper, January 4, 2011 Dave Jenson (Members WMD Team) NAME OF CLASS/ MEETING: DESTINATION: Des Moines, Iowa WMD(Weapons of Mass Destruction) Lanes training. DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: January 18, 2011 January 19, 2011 January 18 and 19th, 2011 PURPOSE OF TRAVEL: Attend Weapons of Mass Destruction Training. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x This cost is COST $ $1,321.71 covered by YES NO NIRG METHOD OF TRAVEL: x CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: Waterloo, Iowa ESTIMATE OF COST: BUDGET LINE ITEM: O/O�/, ,2 /WI Billed to grant LODGING TAXI x GRANT REIINBURSABLE Billed to grant MEALS PARKING YES NO REGISTRATION AIRFARE x REQUIRED CERTIFICATION 75.00 MILEAGE/FUEL $764.40 MISC/TOLLS YES NO TOTAL FOR ALL: $ $839.40 TOTAL: $ PER PERSON All expenses reimbursed by Weapons of Mass Destruction Grant. Straight time paid by NIRG. n�,; ,; ; y,,,,,,. ; , •u I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR 2-0« DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED _4; -is� a;e 13 f(7 TRAVEL REQUEST FY �-_I/ BUDGETED %GGr:',G'O CITY OF WATERLOO EXPENDED YTD jZ‘(/,/� THIS REQUEST r Uf. c LEFT AFTER THIS REQUEST _ /j/a. DATE J Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Tim Moyer— Chief Electrical Inspector January 12, 2011 NAME OF CLASS/MEETING: DESTINATION: Des Moines, IA Plumbing Exam DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 01/24/11 01/24/11 01/24/11 PURPOSE OF TRAVEL/TRAINING: Required exam WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: Waterloo ESTIMATE OF COST: BUDGET LINE ITEM: 010-22-5100-1346 LODGING TAXI GRANT REIMBURSABLE MEALS PARKING YES NO _)OO. o' REGISTRATION AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 200.00 TOTAL: $ 200.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR 1/12/11 ( DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY 010-11-1160-1528 TRAVEL REQUEST LINE ITEM USED 11PROPDK9 CITY OF WATERLOO FY .a_il BUDGETED /.3 h t.2 ', EXPENDED YTD THIS REQUEST 1`,13 LEFT AFTER THIS REQUEST /IS/ 0/ DATE %J4 i-f, . ci/ NAME(S) AND POSITION(S): DATE: Original-Clerk/Finance Copy-Department Officer Steve Bose January 12, 2011 NAME OF CLASS/MEETING: DESTINATION: Midwest Counter Drug Training Center K9 Drug Detection Enhancement Course Johnston, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: March 20th, 2011 March 25th, 2010 March 21 to 25, 2011 PURPOSE OF TRAVEL: Sgt. Farmer is requesting authorization to send Officer Steve Bose and his k9 to a K9 Drug Detection Enhancement course at the Midwest Counter drug Training Center from March 21-25, 2011, in Johnston, Iowa. This is a week long course held at the Midwest Counter drug Training Center at Camp Dodge in Johnston, Iowa and is designed to improve the search abilities of the K9 team. The course will include practical and classroom exercises and will include a certification test by the National Police Canine Association. The cost of the registration is free. Lodging, meals, travel cost and a $60.00 fee for the testing will be paid through the K9 fund. A city vehicle will be needed to travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ 00.00 YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: 010-11-1160-1528 BUDGET LINE ITEM: 11PROPDK9 $375.00 LODGING TAXI xx GRANT REIMBURSABLE $248.00 MEALS PARKING YES NO $60.00 REGISTRATION AIRFARE xx REQUIRED CERTIFICATION $40.00 MILEAGE/FUEL MISCITOLLS YES NO TOTAL FOR ALL: $ 723.00 TOTAL: $ 0.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO _c43 a ice' DEPARTMENT HEAD MAYOR l i ; �� ��tt DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY: : BUDGETED y/,C'l"L,''- CITY OF WATERLOO EXPENDED YTD � 3� Gr THIS REQUEST .-7S'S" LEFT AFTER THIS REQUEST ,: `� -3 DATE ;U✓ / -1,3- u/ Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Lt. Lisa Campbell January 11,2011 NAME OF CLASS / MEETING: DESTINATION: r j7/}uL PolrlCE ra)'I% • Glacken and Associates Background Investigation for 51— PAUc /17Ai Public Safety DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: March 13m, 2011 March 15th, 2011 March 14Th to 15th, 2011 PURPOSE OF TRAVEL: Lt. Krogh is requesting authorization to send Lt. Lisa Campbell to the Glacken Background Investigation for Public Safety course at the St. Paul Police Department on March 14th to 15th, 2011, in St. Paul, MN. This 2-day course is designed for law enforcement officers who are conducting background investigation on new hires. It is important that law enforcement agencies conduct through investigations into potential new Police Officers. Lt Campbell has now been assigned to Internal Affairs and will be conducting these investigations. This school is taught by Gil Glacken from Glacken and Associates and is being sponsored by the St. Paul, MN. Police Department. The cost of registration is$275.00 and two nights lodging and meals. A city vehicle will be needed for travel to the training facility. Total Cost will be $788.00. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ 00.00 YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-11-1100-1346 $300.00 LODGING TAXI xx GRANT REIMBURSABLE $113.00 MEALS PARKING YES NO $275.00 REGISTRATION AIRFARE xx REQUIRED CERTIFICATION $/00.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 788.00 TOTAL: $ 0.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR I I I lac t( DATE IA DATE FINANCE DEPT. STAFF ONLY 010-11-1160-1532 TRAVEL REQUEST LINE ITEM USED 11PRO DARE CITY OF WATERLOO FY�C�// BUDGETED/_,!ai t i- �(ij,rf-3j EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATF - ',2o• / NAME(S) AND POSITION(S): DATE: Original-Clerk/Finance Copy-Department Inv. Stacy Hesse January /, 2011 NAME OF CLASS/MEETING: DESTINATION: National Forensic Science Tech Center Internet Crimes Against Children Special Investigative Meridan, CT. course DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: April 25, 2011 April 28,2011 April 26`h-28`h, 2011 PURPOSE OF TRAVEL: Lt McNamee is requesting authorization to send Inv. Stacy Hesse to the !CAC Specialized Investigative course at the National Forensic Science Technology Center on April 26th to 28th, 2011, in Meridan, CT. The Waterloo Police Department has entered into a partnership with the Iowa Internet Crimes Against Children Task Force to investigate crimes against children using electronic means such as the internet. This course will teach Officers how to conduct forensic examinations of portable electronic storage devices including cell phones and jump drives so to gather evidence against these predators. The cost of registration, travel, and meals are paid by Iowa Internet Crimes Against Children Task Force. The hotel stay is paid by the city and later reimbursed by the Iowa Internet Crimes Against Children. This cost will be paid out of the DARE fund. No vehicle will be needed for travel to the training facility WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ 00.00 YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE xx AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: $400.00 LODGING TAXI xx GRANT REIMBURSABLE $0.00 MEALS PARKING YES NO $0.00 REGISTRATION AIRFARE xx REQUIRED CERTIFICATION $0.00 MILEAGE/FUEL MISCITOLLS YES NO TOTAL FOR ALL: $ 400.00 TOTAL: $ 0.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR CL - (2-01( DATE DATE FINANCE DEPT. STAFF ONLY 010-11-1160-1532 TRAVEL REQUEST LINE ITEM USED 11PRO DARE CITY OF WATERLOO FY 4 t' BUDGETED .<<`I Li/it : (d5i 3 EXPENDED YTD *0.00 THIS REQUEST /.UCC LEFT AFTER THIS REQUEST j5-3/, 4/3 DATE '27)c,V i `/1• .2:i I NAME(S) AND POSITION(S): DATE: re3, I miler red' III(JII6e. l.Jpy-Vepur Iprerlr Sgt Keith Rogers & Inv. Stacy Hesse January 11th, 2011 NAME OF CLASS I MEETING: DESTINATION: DMACC Campus Internet Crimes Against Children Digital Evidence Ankeny, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: March 8t", 2011 March 10t", 2011 March 8t"to 10th, 2011 PURPOSE OF TRAVEL: Lt McNamee is requesting authorization to send Sgt. Keith Rogers and Inv. Stacy Hesse to the ICAC course on digital evidence at the DMACC Campus on March 8th to 10th , 2011, in Ankeny, Iowa. The Waterloo Police Department has partnered with the State of Iowa Internet Crimes Against Children Task Force to investigate child sexual exploitation. This 3-day seminar will instruct the students on computer forensics, search and seizure laws, overcoming technical defenses and ethics. It will also have a class for students on how to cope with viewing Child pornography. The cost of registration is free. The hotel and meals would be paid through the use of the DARE fund and later reimbursed from the ICAC Task Force. A city vehicle will be needed for travel to the training facility and fuel of$50.00. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ 00.00 YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: 010-11-1160-1532 BUDGET LINE ITEM: 11PRO DARE $400.00 LODGING TAXI xx GRANT REIMBURSABLE $270.00 MEALS PARKING YES NO $0.00 REGISTRATION AIRFARE xx REQUIRED CERTIFICATION $50.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 720.00 TOTAL: $ 0.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR DATE DATE CITY OF WATERLOO Council Communication City Council Meeting: January 24, 2011 Prepared: January 12, 2011 Dept. Head Signature: Cammie Scully # of Attachments: 0 SUBJECT: Submitted by: Cammie Scully, Waterloo Cultural and Arts Commission Recommended City Council Action: Approve appointment of Elizabeth Andrews to the position of Registrar Summary Statement: 12 candidates were interviewed, two were selected for a second interview. Elizabeth Andrews was identified as the best candidate. Expenditure Required Is included in the budget. Source of Funds Budget Policy Issue None Alternative None Background Information: Marlene Ackerman retired July 1, 2010.We have been seeking a replacement for her position since that time. CITY OF WATERLOO Committee Communication Boards and Commission&Council Meeting: 1/24/2011 Prepared: 1/10/2011 Dept. Head Signature: Noel Anderson, Community Planning& Development Director #of Attachments: 2 SUBJECT: Appointments to Waterloo Housing Board Submitted by: Ethel Washington, Housing Authority Director Recommended City Council Action: Approval of appointment of the following individuals - 1. Sandra Wright to the Public Housing Program, with an expiration date of 1/ /2013 2. Corinna Dillon to the Section 8 Program,with an expiration date of 1/ /204 Both prospective members will be new to the respective boards. Summary Statement: Individuals from both the Section 8 and Public Housing program as to be appointed as board members. Expenditure Required Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 41, �� ,,• ,, -. 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 OpfQ NOEL C.ANDERSON,Community Planing&Development Inrecmr CITY OF WATERLOO nraj�r �Ql 1121460ti BUCK CLARK Council Communication City Council Meeting: January 10, 2011 COUNCIL Prepared: January 5, 2011 MEMBERS Dept. Head Signature: Noel Anderson, Community Planning & Development Y tre-L. # of Attachments: 4 DAVII) SUBJECT: Set a date of hearing for execution of a Quit Claim Deed for the described JONES premises generally described as the southwesterly corner of Jefferson and West 11th Ward 1 Streets. CA ROLYI• COLE Submitted by: Noel Anderson, Community Planning & Development Director rr%,r,l 2 Recommended City Council Action: Set date of hearing, resolution approving sale and HAROLD conveyance. G E_TTY Ward 5' Summary Statement: The City of Waterloo owned some disposal parcels as a part of the Ott E'Nil N 11th Street and Highway 218 IX Interstate Substitution Program. Those disposal parcels HAR I were sold to Mr. Richard Brown to be combined with other abutting land owned by Mr. r✓trrr' Brown, for development in the area. Said sale was contingent with a reversion clauses, R.caN through the Development Agreement, to have the City paid back if no project were built WELPER upon the site. Ward 5 The land is now under development, with new auto repair shop, valued at $80,000, in BOB permits being recently taken out (May 12th) and construction nearing completion on the site. GREENWOOD The previous agreements (with addendums for time extension) requested a Quit Claim "Dante Deed by City to erase any reversion rights if the property were built upon. With construction STEV underway, it is now time to execute the Quit Claim Deed as described, so the owner can SCHMITT gain clear title to the land. Expenditure Required: NA. Source of Funds: NA Policy Issue: Sale of Property and Economic Development within the City of Waterloo. Alternative: None. Background Information: The City of Waterloo typically sells property through Development Agreements to spur new development and new taxable value within the community for growth, jobs, land use development, tax base, sales tax growth, and for the overall benefit and convenience of the community through new business development. CITY WFBSI I-E wwwci.waterioo-ta.us WE'RE WORKING FOR YOU! . An E ual0 q pportuniiy/AHirrnarive Action Employer NOEL ANDERSON From: ARIC SCHROEDER Sent: Monday, January 03, 2011 8:12 AM To: NOEL ANDERSON Subject: FW: City of Waterloo-Husidic 11.111, Anfinson& Anfinson& :e_20110102_1340::e_20101118_1800( How do you want to proceed? Do you want to do a Council letter? If not, I can, I'm just not as sure what to say, as I've never done one for such a situation. Is it good to go to have Council approve the Quit Claim deed? Aric Original Message From: Gayle Anfinson [mailto:gayle.anllaw©forbin.net] Sent: Sunday, January 02, 2011 11:44 AM To: ARIC SCHROEDER Subject: City of Waterloo-Husidic Aric, I have now Emailed you a Quit Claim Deed from the City of Waterloo to our clients in connection with the real estate located on Jefferson Street. I have sent you a copy of the Agreement that was recorded on March 2, 2010, with regard to the extension of time to complete the construction of a building on this property. The Agreement states that the City of Waterloo agrees to execute a Quit Claim Deed to Richard C. Brown, or any subsequent property owner, upon the construction of a Principal Permitted Use, in order to release any possible claim or reversion of the real estate back to the City. We have Emailed you a Quit Claim Deed in this regard. If you have any questions, or if there needs to be any changes or amendments to the Quit Claim Deed, please let me know. We thank you for your assistance. Larry L. Anfinson ANFINSON & LUCE, PLC 726 West Fourth Street Waterloo, IA 50702 (319) 235-9507 1 1111111111111111111111111111101 Doc ID: 004070000003 Type: GEN Kind: AGREEMENT Recorded: 03/02/2010 at 01:21:03 PM Fee Amt: $19.00 Page 1 of 3 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER File2010-00016272 AGREEMENT Recorder's Cover Sheet Preparer Information: Larry L. Anfinson Anfinson&Luce,P.L.C. 726 W. 4'h Street Waterloo,IA 50702 (319)235-9507 Taxpayer Information: Amir Husidic 4239 E. Parkroad,Unit#3 Cedar Falls,IA 50613 Return Address Anfinson&Luce,P.L.C. 726 W. 4m Street Waterloo,IA 50702 ./ Grantor: City of Waterloo Grantee: Richard C.Brown Legal Description: See Page 1 of Agreement. Document or instrument number if applicable: f i1.00 ta4 • _3 Cla -6 4 • AGREEMENT This Agreement is signed and entered into by the City of Waterloo, as Grantor, and Richard C. Brown, as Property Owner and Grantee, in connection with a Quit Claim Deed dated January 6, 2003, and filed for record July 23, 2003, as Document No. 2004-02497. WHEREAS, Richard C. Brown is the owner of certain real estate located in the southwesterly corner of West 11`fi and Jefferson Streets,which real estate is legally described as follows: A part of Lot 1 in Block 43 in the Original Plat on the West Side of the Cedar River in the City of Waterloo, Black Hawk County, Iowa described as follows: Beginning at the Northwesterly corner of said Lot 1; thence S40°511/2`W, 141.1 feet along the Northwesterly line of said Lot 1; thence S48°53'E, 44.0 feet along the Southwesterly line of said Lot 1; thence N43°581/2 E, 15.5 feet; thence N47°37'/2'E, 98.7 feet; thence N 42°15'E, 28.6 feet; thence N49°57'/2'W, 57.2 feet to the point of beginning; AND WHEREAS, Richard C. Brown is willing and able to construct or cause to be constructed a new commercial building on the above described real estate; AND WHEREAS, the City of Waterloo had previously sold the property to Richard C. Brown for-the -- --AND WHEREAS, the City of Waterloo values the development and redevelopment of the Downtown Waterloo TIF District. NOW,THEREFORE, the City of Waterloo and Richard C. Brown do hereby agree that the conditions contained on the above referenced Quit Claim Deed are hereby amended to allow for a Principal Permitted Use to be constructed on the above described real estate within six(6) months of the approval of this Agreement, with said construction then releasing Richard C. Brown from the reversion clause stated in the conditions contained on the recorded Quit Claim Deed. The City of Waterloo waives any reversion of the above described real estate which may have occurred in the past, retaining and reserving only the right to reversion if the Principal Permitted Use is not constructed on the above described real estate within six(6) months of this Agreement. The City of Waterloo agrees to execute a Quit Claim Deed to Richard C. Brown, or any subsequent property owner of the above described real estate, upon the construction of the Principal Permitted Use, in order to release any possible claim of reversion of the above described real estate to the City of Waterloo. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties. The City of Waterloo BY: �Clar V, /74/ arnest G. k Mayor ' ichar . Br n ,,,ATTB$T.; J• u Y f ' }�tzr `�iS'J ' 4< AC,_. /' S City Clerk r4 ,.svf %:5e�,�c.5 SEt�s Return To: Larry L.Anfinson,726 West Fourth Street,Waterloo, to 50702,(319)235-9507 Preparer: Larry L.Anfinson,726 West Fourth Street,Waterloo,IA 50702,(319)235-9507 Taxpayer: Amir Husidic 4239 East Parkroad,Unit#3 Cedar Falls, IA 50613 QUIT CLAIM DEED For the consideration of One ($1.00) Dollar(s) and other valuable consideration, City of Waterloo, Iowa do hereby Quit Claim to Amir Husidic, Nermin Sabanagic, and Izet Dizdarevic all our right, title, interest, estate, claim and demand in the following described real estate in Black Hawk County, Iowa: A part of Lot 1 in Block 43 in the Original Plat on the West Side of the Cedar River in the City of Waterloo, Black Hawk County, Iowa described as follows: Beginning at the Northwesterly corner of said Lot 1; thence S40°51W W, 141.1 feet along the Northwesterly line of said Lot 1; thence S48°53' E, 44.0 feet along the Southwesterly line of said Lot 1; thence N43° 58'/z E, 15.5 feet; thence N47°371/2' E, 98.7 feet;thence N 42°15'E, 28.6 feet; thence N49°571/z W, 57.2 feet to the point of beginning. This Quit Claim Deed is intended to release any possible claim of reversion of the above described real estate back to the City of Waterloo, Iowa, is without additional consideration, and is an instrument from a municipal entity, and therefore is exempt from the filing of a Declaration of Value, Groundwater Hazard Statement, and the imposition of revenue stamps. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: January , 2011 CITY OF WATERLOO, IOWA ATTEST: BY: BY: Ernest G. Clark Mayor Suzy Schares City Clerk STATE OF IOWA ) • as. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on January , 2011, by Ernest G. Clark, Mayor of the City of Waterloo, and attested by Suzy Schares, City Clerk. Notary Public in and for the State of Iowa ADDENDUM This addendum is signed and entered herein by both parties of the original letter of conditions entered Into in 2003, by and between Richard C. Brown, property owner, and the City of Waterloo. Whereas, Richard C. Brown, owner of property at southwesterly corner of West 11'h and Jefferson Streets, is willing and able to construct or cause to be constructed a new commercial building on the site, and Whereas, the City of Waterloo has previously sold the property to Mr, Brown for the purpose of development, and Whereas, the City of Waterloo values the development and redevelopment of the Downtown Waterloo TIF District, and Now Therefore, the City of Waterloo and Richard C. Brown do hereby agree that the original letter of conditions of 2003 does hereby amend Nu Two to allow for a Principal Permitted Use to be constructed on the prop whinin 6 months of the approval of this amendment. Said construction would e e ease the property owner from the reversion clause stated in the original letter of conditions. This addendum shall inure to the benefit of and be binding upon the successors and assigns of the parties. THE CITY Of WATERLOO By: Earnest G. Clark, Mayor ATTEST; By; Suzy Shares, City Clerk • RICHARD C. BROWN By: Richard C. Brown ANFINSON & LUCE, P.L.C. ATTORNEYS AT LAW 726 WEST FOURTH STREET LARRY L.ANFINSON WATERLOO. IA 5070 2-1 504 TELEPHONE.- (3191235-9507 TIMOTHY.1.LUCE FAX: (319)233-604I EMAIL:anllaw@forbin.net November 11,2010 Liberty Bank,F.S.B. Its Successors and/or Assigns as Their Interests May Appear 4020 Bankers Blvd. Waterloo,IA 50701 RE: Amir Husidic,Nermin Sabanagic,and Izet Dizdarevic Abstract of Title to: See Exhibit"A". I have examined the Abstract of Title to the above described real estate commencing with the Original Entry, which Abstract was last continued by the Black Hawk County Abstract Company to July 1, 2010, at 8:00 a.m., and I find that marketable title in fee simple to the real estate described in the Abstract is vested in: AMIR HUSIDIC,NERMIN SABANAGIC,AND IZET DIZDAREVIC, as joint tenants with full rights of survivorship and not as tenants in common subject to the following objections: 1. At Entry No. 165 of the Abstract, there is shown a Construction Mortgage from Amir Husidic, a single person, Nermin Sabanagic, a single person, and Izet Dizdarevic, a single person, to Liberty Bank, F.S.B., dated June 2, 2010, and filed for record June 18, 2010, as Document No. 2010- 23810. This Mortgage secures credit in the amount of$139,000.00 and would constitute a first and prior lien of record against the above described premises. 2. At Entry No. 166 of the Abstract,there is shown an Assignment of Rents by Amir Husidic, a single person, Nermin Sabanagic, a single person, and Izet Dizdarevic, a single person, to Liberty Bank, F.S.B., dated June 2, 2010, and filed for record June 18, 2010, as Document No. 2010-23811. This instrument assigns a security interest in and to the rents from the above described real estate as security for the payment of a$139,000.00 Note from the three individuals to Liberty Bank,F.S.B. This Assignment of Rents would also constitute a lien of record against the above described premises. 3. At Entry No. 167 of the Abstract, there is shown a Plat of Survey filed June 2, 2010, as Document No. 2010-22544. A copy of this Survey is included in the Abstract and locates the boundary lines for this property. Liberty Bank,F.S.B. November 11,2010 Page Two 4. At Entry No. 147 of the Abstract, there is shown a Quit Claim Deed from the City of Waterloo, Iowa, to Richard C. Brown, dated January 6, 2003, and filed for record July 23, 2003, as Document No. 2004-02497. This Quit Claim Deed conveys the first part of the above described real estate, and is subject to certain conditions,including the following: (a) That Richard C. Brown construct or cause to be constructed a legal Principal Permitted Use and building on the property, or in conjunction with other abutting lots to the property, within two years of his acquisition of the property. (b) In the event Richard C. Brown fails to construct or cause to be constructed such a Principal Permitted Use and building on the property, or in conjunction with other abutting lots to the property,the property will revert back to the City of Waterloo's possession. (c) If such reversion occurs; Richard C. Brown will forfeit costs associated with recording and publication of the transfer to the City of Waterloo and be reimbursed $7,250.00. Richard C.Brown agrees to sign all necessary documents for said reversion. At Entry No. 162 of the Abstract, there is shown an Agreement between the City of Waterloo with Richard C. Brown, filed March 2, 2010, as Document No. 2010-16272. This Agreement states that with regard to Lot No. 1 of the above described premises, the parties agree that the conditions contained on the above referenced Quit Claim Deed are amended to allow for a Principal Permitted Use to be constructed within six months of the approval of this Agreement, with said construction then releasing Richard C.Brown from the reversion clause stated in the conditions contained in the recorded Quit Claim Deed. The City of Waterloo waived any reversion that may have occurred in the past, retaining and reserving only the right to reversion if the Principal Permitted Use is not constructed within six months of the filing of this Agreement. That date would be September 2, 2010. This same Agreement was apparently refiled on May 19, 2010, as Document No. 2010-21613. This title examiner believes that a building is now being constructed on these premises and that the City of Waterloo should execute a Quit Claim Deed as stated in this Agreement, releasing any claim to reversion from the current property owners. 5. At Entry No. 110 of the Abstract and At Entry No. 149 of the Abstract, it is shown that the real estate under examination is included in the M-1 Light Industrial District under the provisions, regulations and restrictions of City of Waterloo Zoning Ordinance 2479, filed of record on February 28th, 1969, and recorded in Miscellaneous Record Book 181, at Page 609,as amended. This title examiner would note that the Abstractor no longer searches for zoning rules and regulations. For the correct zoning classification, urban renewal designation, or other ordinances pertaining to the real estate under examination, you are directed to consult the applicable Government Agency or the City of Waterloo Zoning Administrator to make sure the above mentioned are up to date and all inclusive. Liberty Bank,F.S.B. November 11,2010 Page Three At Entry No. 148 of the Abstract, there is shown the Waterloo Municipal Airport Zoning Resolution and Ordinance filed September 13, 1957, in Miscellaneous Record Book 106,Page 495. The Abstract indicates that the above described real estate is subject to the provisions, regulations and restrictions of this Ordinance. 6. At Entry No. 151 of the Abstract, there is shown the City of Waterloo Urban Revitalization Area Ordinance No. 3212, filed for record May 28, 1982, in Miscellaneous Record Book 245, Page 524. The Abstract indicates that the above described real estate would be subject to the rules and regulations of this Ordinance, but the Abstract provides no further details so far as its contents. 7. At Entry No. 153 of the Abstract,there is shown the City of Waterloo Urban Revitalization Area Ordinance No. 4493, filed for record October 16,2001, in Miscellaneous Record Book 344,Page 426. The Abstract indicates that the above described real estate would be subject to the rules and regulations of this Ordinance,but the Abstract provides no further details so far as its contents. 8. At Entry No. 154 of the Abstract,there is shown the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, as Amended,filed August 21,2003, as Document No.2004-06435. The Abstract indicates that the above described real estate would be subject to the rules and regulations of this Plan,but the Abstract provides no further details so far as its contents. 9. At Entry No. 152 of the Abstract, there is shown City of Waterloo Zoning Ordinance No. 3805, filed August 28, 1991, in Miscellaneous Record Book 297, Page 476. This Zoning Ordinance amends the Waterloo Zoning Ordinance No. 2479, as amended, by amending the "H-C" Highway Corridor Overlay District. The provisions of this amendment are in addition to any other zoning district regulations and requirements. 10. The general property taxes payable in fiscal year 2009-2010 are shown in the amount of $776.00 and are shown as all paid. The general property taxes payable in fiscal year 2010-2011 are shown as not yet available as to the date of the certification of this Abstract. 11. There are no special assessments or personal property taxes shown as due and owing for the real estate under examination. 12. Our firm agrees to indemnify you and your successors in interest in the Mortgage opined hereto,to the full extent of any loss attributable to a breach of our duty to exercise reasonable care and skill in the examination of the title and the giving of this opinion. In issuing this title opinion, I pass only on the title as shown in the Abstract of Title. However, since some things do not appear on an Abstract, you should make an independent investigation about the following: (a) the rights, if any, of all persons in possession of the property, other than the record titleholder; (b)the boundaries,whether all structures are within those boundaries, and anything that Liberty Bank,F.S.B. November 11,2010 Page Four would be revealed by a survey; (c)unrecorded mechanic's lien claims for labor or material furnished within the last (90) days; (d) zoning or other ordinances relative to building, improvements, use or access; (e) flood plain regulations, if any; and (1) whether the City or County claims any unrecorded liens for sidewalk maintenance,weed cutting, or building demolition. You should ascertain also that no improvements either in the form of labor or materials, which have been placed on the premises in the last ninety days, still remain unpaid, as they would constitute liens without being shown of record. No report is made by the abstractor of special assessments not yet shown on the tax books of Black Hawk County, Iowa; and therefore, no examination is made as to these, Special assessments against any property within a municipality should be determined by checking with the City Clerk of said municipality. Recent Federal and State legislation places liability and responsibility on the owner of land for wells, underground storage tanks, solid waste, radioactive waste, hazardous waste or hazardous substances, including those substances defined to be hazardous in Title 42, United States Code Section 9601(14) and Chapter 455B of the Code of Iowa, situated on or under their real estate. You should determine whether any solid waste,hazardous substances,pollutants, above or below ground storage tanks, drainage wells, landfill sites or other environmentally required conditions exist on the property, Such conditions are not ordinarily shown in the abstract, but they may result in injunctions, fines, required cleanup, or other remedial actions under federal, state or local law. These laws may impose liens against the property and personal liability against the owner, even though the owner did nothing to create the condition and acquired the property without knowing about it. This Abstract does not contain any representations as to the presence or absence of any such items and therefore this examiner is unable to give any opinion as to such items. You should make a diligent inquiry regarding the presence of any such above items on the real estate under examination, and, if any such items are situated thereon, you should ascertain its environmental impact and the cost, expense and potential liability for the removal and disposal of such items(s). Very truly yours, LARRY L. ANFINSON LLA:gaa Title Guaranty#: 1191 • STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1339686 NOTICE OF PUBLIC HEARING TO WHOM IT notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 01/20/2011, in the issues of 01/20/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer' s Bill $15 . 62 NOTICE OF PUBLIC HEARING /( /f7a7 No WHOM IT MAY CONCERn: Couce is hamby siin nt that yn the 2the day of January,2011,at 5:30 p.m.,in the Council Chambers in the City Hall in the City of Waterloo,Iowa,a public hearing will be held by the Council of the City of Signed Waterloo,Iowa,on the execution of a Quit Claim Deed to Amir Husidic,Nermin Sabanagic,and lzet Dizdarevic for prop- erty generally located at the southwest- erly corner of Jefferson and West 11th Subscribed and sw• rn to before me this Streets,legally described as follows: A part of Lot 1 in Block 43 in the Original 85 In the the of Side tofo the Cedar River In the of Waterloo,Black Hawk //�) County,Iowa described as follows: day Of /t.,,,/,; `� Beginning at the Northwesterly corner of said Lot 1;thence S40°51%"W,141.1 feet along the Northwesterly tine of said m Al 14 A�1i 3 Lot 1 thence S48°53E 44.0 feet along P'N NO. EC- the Southwesterly line of said Lot 1; ¢ COM+I471SSION NO.761976 thence N43°58WE 15.5 feet;thence • i 1 ♦N EXPIRES.4646 IdrAi‘k. w N47°37'/2E,987 feet;thence N42°15'E, 'o > _ 28.6 feet;thence N49°57WW,57.2 feet \ Pub 1C inOta ,y to the point of beginning,allthe City of Waterloo,Black Hawk County,Iowa. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall,Waterloo,Iowa,before the date set for said hearing. Received Of By order of the Council of the City of Wa- terloo this 10th day of January,2011. Carol Failor the sum of Dollars Deputy City Clerk in full for publication of the above invoice . Notary Seal : RESOLUTION NO. 2011-51 RESOLUTION APPROVING AND ACCEPTING QUIT CLAIM DEED FROM AMIR HUSIDIC, NERMIN SABANAGIC, AND IZET DIZDAREVIC FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWESTERLY CORNER OF JEFFERSON STREET AND WEST 11T11 STREET. WHEREAS, the City of Waterloo, Iowa, has previously sold said property for purpose of development in the City of Waterloo, Iowa, as described below, and WHEREAS, a public hearing was held on January 24, 2011, at 5 : 30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the matter of issuing a Quit Claim Deed canceling reversion rights to the City of Waterloo, Iowa, and WHEREAS, it is the opinion of this Council that Quit Claim Deed should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1 . The following described real property, as fully described in the published notice in the Waterloo Courier on January 20, 2011, legally described as: A parcel of land located in part of Lot 1 in Block 43 in the Original Plat on the west side of the Cedar River in the City of Waterloo, Black Hawk County, Iowa described as follows : Beginning at the northwesterly corner of said Lot 1; thence S40°51WW, 141 . 1 ft. along the northwesterly line of said Lot 1; thence S48°53' E, 44 . 0 ft. along the southwesterly line of said Lot 1; thence N43°5811' E, 15 . 5 ft. ; thence N47°37 ' E, 98 . 7 ft. ; thence N42°15' E, 28 . 6 ft. ; thence N49°57'-1'W, 57 . 2 ft . to the Point of Beginning, containing 7249 sq. ft . , more or less, all in the City of Waterloo, Black Hawk County, Iowa. 2 . That the City of Waterloo, Iowa, releases all rights, title, interest, estate, claim and demand of said parcel of real property to Amir Husidic, Nermin Sabanagic, and Izet Dizdarevic by Quit Claim Deed. 3 . That the Mayor and City Clerk are hereby authorized to execute and deliver Quit Claim Deed to Amir Husidic, Nermin Sabanagic, and Izet Dizdarevic. 4 . That the original of said Quit Claim Deed fully executed and acknowledged is hereby approved and confirmed by the Council. 5 . That the City Clerk is authorized and directed to deliver said Quit Claim Deed of conveyance to Amir Husidic, Nermin Sabanagic, and Izet Dizdarevic upon receipt of the sum of $1 . 00 and other valuable consideration, plus costs . Resolution No. 2011-51 Page 2 PASSED AND ADOPTED this 24th day of January, 2011 . ✓`�%" Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk II CITY OF WATERLOO / ! b[I Council Communication City Council Meeting: 1/10/11 Prepared: 1/4/11 Dept. Head Signature��_!�> ��' # of Attachments: 0 SUBJECT: 2011 Golf& Downtown Area Maintenance Turf Equipment Submitted by: JB Bolger- Golf& Downtown Area Maintenance Manager Recommended City Council Action Preliminarily approve the plans, specifications, etc. and taking of bids, and set the date of hearing and bid opening as January 24th, 2011. Summary Statement This equipment will be used to maintain properties in the Downtown Area Maintenance District and at the City's three municipal golf courses. Expenditure Required TBD Source of Funds General Obligation Bond Funds for Off Road Equipment-Golf and Downtown Area Maintenance. Policy Issue N/A Alternative N/A Background Information: These units would be bid utilizing Iowa Department of Transportation Grounds Care Contract Pricing. The Iowa DOT Office of Procurement and Distribution seeks competitive bids that are valid for any government entity in the State of Iowa. This price is lower than any local dealer can provide. Units would be purchased directly from John Deere at the corporate level but delivered by Waterloo Implement and the Van Wall Group. CITY OF WATERLOO LEISURE SERVICES 1101 CAMPBELL AVE WATERLOO IA 50701 GENERAL INSTRUCTIONS, REQUIREMENTS AND SPECIFICATIONS FOR 2011 GOLF & DOWNTOWN AREA MAINTENANCE TURF EQUIPMENT JANUARY 2011 Bid documents for 2011 Golf& Downtown Area Maintenance Turf Equipment. Actual quantity purchased will depend on bid prices. All equipment is expected to be ready for use by the City of Waterloo, Iowa. CITY OF WATERLOO LEISURE SERVICES COMMISSION 2011 GOLF & DOWNTOWN AREA MAINTENANCE TURF EQUIPMENT Waterloo Leisure Services is seeking competitive bids for GOLF & DOWNTOWN AREA MAINTENANCE TURF EQUIPMENT as described in the enclosed specifications. Bid prices are based on a per unit price. The City of Waterloo makes no declarations on the quantity of units being purchased. 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,with a bid deadline of Friday January 21, 2011 until 12:00 Noon for the 2011 GOLF & DOWNTOWN AREA MAINTENANCE TURF EQUIPMENT as detailed in the specifications sheet included in this packet. City Hall is located at 715 Mulberry Street,Waterloo, Iowa, 50703. OPENING OF BIDS All proposals for the 2011 GOLF & DOWNTOWN AREA MAINTENANCE TURF EQUIPMENT will be opened in open Council meeting to he held in the Council Chambers in City Hall,Waterloo, Iowa, on Monday January 24`h, at 5:30 p.m., and the proposals will be referred to Waterloo Leisure Services for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications for the 2011 GOLF & DOWNTOWN AREA MAINTENANCE TURF EQUIPMENT at 5:30 p.m. on Monday January 24, 2011. The hearing will be held in the Council Chambers in Waterloo City Hall. The specifications 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 an objection at the meeting. When submitting a bid, please note on the lower left hand corner of the envelope: Golf& Downtown Area Maintenance Turf Equipment Bid All bids must meet or exceed the Specifications provided. Bids that do not meet or exceed the Specifications will be rejected. All bid prices are recognized by the City and the Bidder to be valid irrevocably for a minimum of sixty(60) days from the calendar date of the Bid Opening. Standard procedure dictates that the City of Waterloo will accept the lowest responsive, responsible bid. However, the Bidder understands that the City reserves the right to reject any bid that is either considered not to be responsive or not most advantageous to the City. The City will normally award the purchase contract to the responsible bidder who meets or exceeds the minimum specifications provided. The City of Waterloo, Iowa, reserves the right to accept or reject any and all bids. Upon acceptance of the bid, a purchase order mailed or delivered to the bidder that is accompanied by a copy of the signed Proposal bearing the City Clerk's signature shall constitute acceptance of the Bid and, therefore, be a legal binding agreement. If applicable,the Bidder guarantees that Title conveyed for the goods shall be delivered free from security interest or other lien or encumbrance. The Bid Price given shall be the complete price for unit or units meeting specifications provided. This price shall include all discounts, freight and/or transportation costs necessary to supply the vehicles in accordance with the Specifications and to the final destination at 1101 Campbell Avenue, Waterloo, Iowa. Certain units or equipment items may be listed as trade-ins for special purchases. The trade-in values are to be specifically listed as indicated in the proposal documents. The City reserves the right to purchase the units with our without trade ins. All bids should include all extras or options as detailed on the attached specifications sheets including special warranty provisions or maintenance provisions. The bidder is cautioned to review these carefully and complete the bid proposal accordingly. Specific questions may be addressed to: JB Bolger, Golf Manager Waterloo Leisure Services 1101 Campbell Avenue Waterloo, Iowa 50701 319-291-4370 Monday through Friday 7AM-4:OOPM with any questions. The bidder must have and maintain inventory of repair parts as well as have experienced service personnel for this equipment. The bidder shall certify by the act of signing and submitting his/her bid that all items and service delivered hereunder shall comply with the Federal Occupation Safety and Health Act of 1960 as amended and applicable. BID DEADLINE: Bids will be received until 12:00 Noon, local time on Friday January 21,2011. Bids will be publicly opened Monday January 24,2011 at the 5:30 p.m. City Council Meeting. THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. Thank you for your time and your bid. Specifications for 2011 Equipment: The undersigned hereby agrees to furnish the following equipment f.o.b. Waterloo, IA,ready for immediate use with all the necessary parts and accessories need for its operation as specified below. Dealer must list any deviation from specifications given. John Deere 2653B-1220TC Diesel Code Description 1004 8 Blade 30"heads BM19746 Light kit 2006 Spiral front roller BM18440 Rear roller scraper 3001 Deluxe seat with arm rests (1 each) Service, parts, and tech manuals safety video/DVD John Deere 2500B Diesel Greens Mower Code Description 1002 11 Bladed reels 2002 Continuous machined grooved front roller kit 3001 Smooth surface tires BM19746 Light kit (1 each) Service, parts, and tech manuals safety video/DVD John Deere 1200A Bunker Rake Code Description 1001 Rear frame 2000 Bunker rake (serrated blades) 3000 Knobby hi-flotation tires &wheels 9013 Narrow tine scarifier w/mid mount base TCB11024 Light kit (1 each) Service, parts, and tech manuals safety video/DVD John Deere Gator TX Turf Vehicle Code Description 4000 Cargo box power lift 1001 Cayman turf tires BM21700 Front bumper BM25000 Rubber flooring insert 3002 Spray-in bedliner 9070 Rear receiver hitch BM19635 Hitch drawbar kit (1 each) Service, parts, and tech manuals safety video/DVD John Deere Gator TE Turf Vehicle (145 Amp Electric) Code Description 4000 Cargo box power lift 1001 Cayman turf tires BM21700 Front bumper BM25000 Rubber flooring insert 3002 Spray-in bedliner 9070 Rear receiver hitch BM19635 Hitch drawbar kit (1 each) Service, parts, and tech manuals safety video/DVD John Deere Aercore 800 Code Description TCU17339 Three sets of 5/8" hollow tines per unit (1 each per unit) Service, parts, and tech manuals safety video/DVD John Deere 1565 36HP 4-Wheel Drive Diesel FM Code Description 0171TC 1565 Series II Commercial Front Mower 0341TC 72 Inch 7 Iron Commercial Side Discharge Mower Deck AR87167 Engine Coolant Heater(110 Volt) TCB 10634 Single Spool Auxiliary Hydraulic Kit 3002 Air Ride Suspension Seat w/Armrests Spare front and rear tire and rim (1 each) TCB 10951 Mulch Kit (w/mulch blades included) Extra Blades(3)- (regular mowing) (1 each) Service, parts, and tech manuals Safety Video/DVD John Deere Pro Gator- 2030A 1411TC Diesel Code Description 1000 2WD Traction Unit 9020 Turn Signal Kit TCB11193 Turn Signal Kit 9051 Cargo Box 9080 Quick Connect Kit TCB11078 Auxiliary Hydraulic Kit VGB10058 Quick Connect Kit BM20502 Rear Receiver Hitch Kit AM128944 Receiver Draw Bar Kit (1 each) Service,parts, and tech manuals Safety Video/DVD John Deere 4520 Tractor(MY 2011) 6855LV Code Description 2551P John Deere 400CX Loader 0253KV John Deere Worksite Pro 48" Rail Pallet Forks Standard Options 1510 Cab with Standard Seat 2025 eHydro Transmission 4565 27-12LL-15 6PR Front R3 Turf Special 2 Pos. Bias 22.5 LL-16.1 6PR Rear R# Turf Special 2 Pos. Bias 7010 Dual Mid SCV 9520 Factory Installed Stereo (Jensen Receiver, Weather Band, Auxiliary Port, and iPod compatibility 2005 Mounting Frame (4320-4720 Cab Tractors) 4010 Ballast Box with Extension 5005 Hood Guard (4120-4720) 9200 Skid Steer Attachment Carrier Dealer Attachments LVB25765 Vertical Exhaust Kit LVB25685 Front Fender Kit LVB24860 Rear Fender Extension Kit LVB25255 iMatch Quick Hitch Category 1 LVB26033 Electrohydraulic Third SCV Kit RE527545 Engine Block Heater LVB24852 Beacon Light Kit(Cab Only) LVB24853 Rear Work Light Kit(2 Lights) LVB25867 Automotive Style Cruise Load Match, Speed Match and Upgraded Motion Match Switch LVB24851 Horn Kit BM19780 Quik-Tatch Weight, 701b. (QUANTITY OF 5) LVB25108 Two 2 Position Steel Wheels with 27X10.50-15In 4PR(R3) Front Tires LVB25000 Two 2 Position Steel Wheels with 44X18.00-20 In. 4 PR(R3) Rear Tires LVB25342 72 In. Quick-latch Heavy Duty Front Loader Bucket w/ Replaceable Cutting Edge BW15056 iMatch/ Quik-Coupler Bushing Kit CITY OF WATERLOO,IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM for 2011 Golf& Downtown Area Maintenance Equipment Bidder is providing bid price as specified with all options included delivery to Leisure Services 1101 Campbell Ave, Waterloo, Iowa ready for use by the City of Waterloo. If awarded the contract we agree to deliver the equipment to the Leisure Services Department on or before April 1, 2011. Equipment received before April 1,2011 will have a warranty start date of April 1,2011. Failure to deliver equipment on or before the designated receiving date shall result in a penalty at a daily rate of$50.00 per unit per working day until delivery is made. We understand that this quotation will be reviewed by the Leisure Services Golf Manager and the Waterloo City Council for the purpose of securing the equipment at the most favorable cost. Life cycle analysis will be used when appropriate. Factors such as service location and availability, warranty, maintenance records, vendor's past performance records, and quality of products offered will be considered where applicable. Trade-in items may be retained depending on trade values offered. Bid prices are per unit and specific quantities of units purchased will depend on bid prices. BIDDER: COMPANY NAME ADDRESS: CONTACT PERSON PHONE: ( ) John Deere Equipment John Deere 2653B Utility Mower dollars ($ ) John Deere 2500B Greens Mower dollars ($ ) John Deere 1200A Bunker Rake dollars ($ ) John Deere Gator TX Utility Vehicle dollars ($ ) John Deere Gator TE Utility Vehicle dollars ($ ) John Deere Aercore 800 dollars ($ ) John Deere Gator 1565 Outfront Mower dollars ($ ) John Deere Gator Pro Gator 2030A- Diesel dollars ($ ) John Deere Aercore 4520 Utility Tractor & Attachments dollars ($ ) Optional Trade-In Equipment John Deere 2653A Utility Mower • Model Year 1998 • Approx. 3099 hours • Serial# M02653D061261 • Located at Iry Warren Golf Course Trade In Value: dollars($ ) John Deere 1200A Bunker Rake • Model Year 1998 • Approx. 2048 hours • Serial# M01220A928550 • Located at Gates Golf Course Trade In Value: dollars($ ) John Deere Turf Gator 1 • Model Year 1999 • Approx. 1294 hours • Serial# WOOTURF005344 • Located at Gates Golf Course Trade In Value: dollars($ ) John Deere Turf Gator 2 • Model Year 1999 • Approx. 1552 hours • Serial# WOOTURF007206 • Located at Gates Golf Course Trade In Value: dollars($ ) John Deere Aercore 800 #1 • Model Year 1998 • Serial# MO800ACC010100 • Located at Gates Golf Course Trade In Value: dollars($ ) John Deere Aercore 800 #2 • Model Year 1998 • Serial#MO800AC010307 • Located at South Hills Golf Course Trade In Value: dollars($ ) John Deere 2500 Greens Mower#1 • Model Year 1999 • Approx. 1985 hours • Serial # TC2500D010292 • Located at South Hills Golf Course Trade In Value: dollars($ ) • John Deere 2500 Greens Mower#2 • Model Year 1999 • Approx. 2276 hours • Serial # TC2500D010282 • Located at Gates Golf Course Trade In Value: dollars($ ) SIGNED: DATE: / / STATE OF IOWA, } I do solemnly swear that the annexed copy of legal City of Waterloo Black Hawk County, SS Hearing and Notice to Bidders: 2011 Golf and Turf Equipment Notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 20 day of January 2011 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. NOTICE OF PUBLIC HEARING Printer's Bill $16.93 AND NOTICE TO BIDDERS for the taking of bids for 2011 GOLF&DOWNTOWN AREA MAINTENANCETURF EQUIPMENT Sealed proposalsisreceived be received by the City Clerk of the City of Waterloo,Iowa, Li at her office in the City Hall of said City on the 24th day of January,2011,until S'lgned 12:00 p.m.,for 2011 Golf&Downtown Area Maintenance Turf Equipment. All proposals received will be opened in the Council Chambers in the City Hall in the City of 01 Iowa, the 24id /1 day of January,2011,at 5:30 p.m. Bid proposals will be acted upon at that time Subscribed and sworn to before me this or at such time as may then be fixed. Notice is hereby given that the Councitof the City of Waterloo will conduct a public A hearing on plans,specifications,etc.in Day Of N/.t,QA A.D., 20 conjunction with 2011 Golf&Downtown Area Maintenance Turf Equipment at p,„� �t x ,,rra,[ •- ""S 5:30 p.m.on January 24,2011,in the ` 00 SUE b'ii-f-67'�1ks'L Council Chambers in the City-Hall in the COIVIMISslf3 7 NO.761073 City of Waterloo,Iowa,The proposedbid c ° [[•• '''nN EXPIRES form is on file in the office of the City � r' P Clerk for public examination. A bid doc- d w" ument may be obtained from Waterloo Leisure Services,1101 Campbell Ave- Notary Public nue,Waterloo,Iowa,50701. Anyone who Is Interested may appear at • said time and place and be heard or may file written objection with the City Clerk, Received of City Hall,Waterloo,Iowa,before the date set for said hearing. By order of the Council of the City of Wa- terloo this 10th day of January,2011. _Eanal-Feuer Deputy City Clerk the sum of Dollars. In full for publication of the above notice. 201,1 Golf& Downtown Turf Equipment Van Wall/Great American Waterloo Implement JD 2653B 27,842.00 N/B Utility Mower JD 2500E 29,090.00 N/B Greens Mower JD1200A 11,006.00 N/B Bunker Rake JD Gator TX 7,817.00 N/B Utility Vehicle JD Gator TE (Electric) 9,576.00 8,313.00 Electric Utility Vehicle JD Aercore 800 15,150.68 N/B Greens Aerifier JD 1565 N/B 24,172.35 Outfront Mower JD 2030A 21,111.00 N/B Pro Gator JD 4520 N/B 41,186.55 Utility Tractor Trade Values: JD Utility Mower 1,250.00 N/B JD 1200A Bunker Rake 1,750.00 N/B JD Turf Gator 1 2,000.00 1,500.00 JD Turf Gator 2 2,000.00 1,800.00 JD Aercore 800#1 500.00 N/B JD Aercore 800#2 2,500.00 N/B JD Greens Mower 1 4,500.00 N/B JD Greens Mower 2 3,500.00 N/B RESOLUTION NO. 2011-52 RESOLUTION CONFIRMING APPROVAL OF SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE 2011 GOLF & DOWNTOWN AREA MAINTENANCE TURF EQUIPMENT. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Leisure Services Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the 2011 Golf & Downtown Area Maintenance Turf Equipment, in the City of Waterloo, Iowa, and WHEREAS, said Leisure Services Director did file said preliminary specifications, bid document, form of contract, estimate of cost, etc. in conjunction with the 2011 Golf & Downtown Area Maintenance Turf Equipment, which were preliminarily approved by Resolution No. 2011-32 on January 10, 2011, and WHEREAS, a public hearing, upon notice, was held on January 24, 2011 . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc. in conjunction with the 2011 Golf & Downtown Area Maintenance Turf Equipment, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 24th day of January, 2011. Lal•07,4*(7 Ernest G. Clark, Mayor ATTEST: Suzy Sc ar s, CMC City Clerk RESOLUTION NO. 2011-53 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH THE 2011 GOLF & DOWNTOWN AREA MAINTENANCE TURF EQUIPMENT. WHEREAS, by Resolution No. 2011-52, specifications, bid document, form of contract, etc. in conjunction with the 2011 Golf & Downtown Area Maintenance Turf Equipment, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on January 24, 2011 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said specifications . PASSED AND ADOPTED this 24th day of January, 2011 .4E lest G. Clark, Mayor ATTEST: Suzy Sch r s, CMC City Clerk C ?//5/// up F.; = � 6 tea m r r a ¢ I \ H U,22,4iucti ±A-v1.7 . or..4".;,,,,i6t....) I r W I l r O l jr r i Ln :_I E f f L 0 k . 0 ,.:r r J rn , f R ru 3 E t '^ E,>; t` 0 Z ?.--- 1 - Is' :iii_re NLW QO Cq� :ozu,...a,i,I m�Y � ,i s ia® { Q O � 3oxesvrx�..,oaurrn+n su�aro� CITY OF WATERLOO Council Communication City Council Meeting:January 24, 2011 Prepared: January 14, 2011 Dept. Head Signature:James E. Walsh, Jr., City Attorney # of Attachments: 3 SUBJECT: AS Petroleum Tobacco Violation, First, $300 civil penalty Submitted by: David R. Zellhoefer, Asst. City Attorney Recommended City Council Action: HOLD HEARING—Order$300 civil penalty Summary Statement: An employee sold tobacco to a minor. Under Iowa law, the City is allowed to collect a civil penalty of$300. The permittee did not return the Acknowledgement/Settlement Agreement, so a hearing is required. Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: f /114a� CITY OF WATERLOO , IOWA 1.1. , CITY ATTOFINEWEI OFFICE LL yam 715 Mulberry St. • Waterloo, IA 50703 • (319)291-4327 Fax(319)291-4571 °ler►o0 iD JAMES E.WALSH.,JR.,City Attorney • DAVID R ZELLHOEFER,Assistant City Attorney December 14, 2010 Mayor BUCK Mr. Muhammad T. Bhatti CLARK 222 W. 3rd Street Cedar Falls,IA 50613 COUNCIL MEMBERS Re: AS Petroleum, 127 Jefferson,Waterloo, Iowa, 50701 The City of Waterloo has scheduled a hearing before the Waterloo City Council DAVID on the 24th day of January, 2011, at 5:30 p.m., in the Council Chambers, Second JONES Floor, City Hall, 715 Mulberry Street,Waterloo, Iowa, 50703. The hearing Ward/ complaint,which has been filed against you, is attached. CAROLYN COLE If you or your representative fail to appear at this hearing, a decision may be Ward 2 rendered against you. You have the opportunity to be heard at this hearing and to HAROLD be represented by an attorney at your own expense regarding the mandatory GE"ITY $300.00 civil penalty prescribed by Iowa Code §453A.22(2)(a) for the violation Ward 3 of§453A.2(1), selling, giving, or otherwise supplying any tobacco,tobacco QUENTIN M. products, or cigarettes to any person under eighteen years of age. HART Ward 4 If you wish to settle this case in lieu of the public hearing,you may complete the attached Acknowledgment/Settlement Agreement,returning the original copy, RON properly signed and dated, to David R. Zellhoefer, Assistant City Attorney, 715 W MulberryStreet,Waterloo' Iowa, 50703, no later than ten(10) business days prior 5 Ward 5 to the hearing date. With this Acknowledgment/Settlement Agreement, you must BOB include a check in the amount of$300.00 made payable to the City of Waterloo. GREENWOOD This will satisfy the penalty for a First Violation under Iowa Code §453A.22(2) At-Large and will conclude the matter. STEVE SCHMITT If you have any questions, you may reach me at(319) 291-4327. If you have At-Large obtained representation by an attorney in this matter, the attorney should contact me. Sincerely, Da oefer Assistant City Attorney DRZ:lc Enclosures:Hearing Complaint,Acknowledgment/Settlement Agreement C: Police Chief Trelka file CITY WEBSITE:www.cityofivaterlooiowa.com WE'RE WORKING FOR YOU! An Equal OppatunrylA$rmative Action Employer a IN RE: AS PETROLEUM 127 JEFFERSON HEARING COMPLAINT WATERLOO, IOWA, 50701 FIRST VIOLATION The City of Waterloo hereby makes the following complaint against the above-named permittee: 1. Iowa Code §453A.2(1)provides that a person shall not"sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age." 2. Iowa Code §453A.22(2)(a)provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(1),the permit holder shall be assessed a civil penalty of Three Hundred Dollars ($300.00) for a first violation of Iowa Code §453A.2(1). 3. On or about November 4, 2010, the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under eighteen years of age. A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above-referenced section of Iowa Code Chapter 453A and assess a civil penalty in the amount of Three Hundred Dollars ($300.00) against AS Petroleum. Dad Zellhoefer As istant City Attorney - Charges Page 1 of 1 Charges,Dispositions, Sentences Title: STATE vs. NYWEIDE, CHRISTINE JOAN Case: 01071 STA0055526 (BLACK HAWK) Citation Number: 81894 Defendant: NYWEIDE, CHRISTINE JOAN Count 01 Charge 1ST OFFENSE-EMPLOYEE PR Charge: 453A.2(1)-C Description: TOBACCO TO MINOR Offense 11/04/2010 Arrest Against Type: Date: Date: DPS Number: Adjudication 1ST OFFENSE- Charge: 453A.2(1)-C Description: EMPLOYEE PROVIDING TOB. GUILTY N PLEA Adj.Date: 11/22/2010 Adj.: NEGOTIATED/VOLU Adj.Judge: SEVCIK,JOSEPH Comments: Sentence 1ST OFFENSE- Charge: 453A.2(1)-C Description: EMPLOYEE PROVIDING TOBi Sentence 11/22/2010 Sentence: FINE Date: Appeal: Sen.Judge: SEVCIK,JOSEPH Facility Attorney: N Type: N Drug: N Extradition: Restitution: N DDS: N Batterer: Lic.Revoked: Fine 100 Duration: Amount: Comment: http://www.iowacourts.state.ia.us/ESAWebApp/TViewCharges?fromPrinterFriendlyPage... 12/13/2010 BEFORE THE WATERLOO CITY COUNCIL IN RE: AS PETROLEUM ORDER 127 JEFFERSON ASSESSING PENALTY WATERLOO, IOWA 50701 FIRST VIOLATION On thisL day of O V�A, , 2011, after a public hearing on the matter, the Waterloo City Council finds that based u n evidence submitted by the City Attorney's Office, the above-captioned permittee committed a violation of Iowa Code §453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarettes to any person under eighteen years of age. THEREFORE, the Waterloo City Council hereby orders that a civil penalty be remitted by the above-captioned permittee, to the City of Waterloo, check made payable to City of Waterloo, on or before 4,t ?rtJi 9t (( (30 days from the date of this Order). This sanction will count as a First Violation of Iowa Code §453A.2(1),pursuant to Iowa Code §453A.22(2)(a). Be advised that failure to pay the civil penalty by this date shall result in the automatic permit suspension for a period of fourteen (14) days in addition to the $300.00 fine. J 1rnest G. Clark, Mayor ATTEST: Suzy Sch es, City Clerk RESOLUTION NO. 2011-54 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION FOR A & S PETROLEUM INC. , 127 JEFFERSON STREET, AND DIRECTING EXECUTION OF SAID ORDER BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the order assessing penalty of first violation dated January 24, 2011, in the amount of $300 . 00, in conjunction with First Violation of Iowa Code 453A. 2 (1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for A & S Petroleum Inc. , 127 Jefferson Street, Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 24th day of January, 2011 . 4E/Lvot-- eg./ Ernest G. Clark, Mayor ATTEST: Suzy S h es, CMC City Cler CITY OF WATERLOO Council Communication City Council Meeting: January 24, 2011 Prepared: Ianuary 14, 2011 Dept. Head Signature:James E.Walsh,Jr., City Attorney # of Attachments: 3 SUBJECT: Spicoli's Grill Tobacco Violation, First, $300 civil penalty Submitted by: David R. Zellhoefer,Asst. City Attorney Recommended City Council Action: HOLD HEARING—Order$300 civil penalty Summary Statement: An employee sold tobacco to a minor. Under Iowa law, the City is allowed to collect a civil penalty of$300. The permittee did not return the Acknowledgement/Settlement Agreement, so a hearing is required. Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: yak t4p Aj , ' t '. CITY OFTERL I , LI olio. 15" CITY ATTOPPM rg OFFICE -,,,r„^�� 715 Mulberry St • Waterloo, IA 50703 • (313) 231-4327 Fax(316)281-4671 �t pp J_AmEs E.WALSH,JR.,City Attorney • DAVID R ZELLHOErE.x,Assistant City Attorney December 14, 2010 Mayor BUCK Full House Productions LLC CLARK 3555 University Avenue Waterloo, IA 50701 COUNCIL MEMBERS Re: Spicoli's Grill, 3555 University Avenue, Waterloo, Iowa, 50701 The City of Waterloo has scheduled a hearing before the Waterloo City Council DAVID on the 24th day of January, 2011, at 5:30 p.m., in the Council Chambers, Second JONES Floor, City Hall, 715 Mulberry Street,Waterloo, Iowa, 50703. The hearing Ward j complaint, which has been filed against you, is attached. CAROLYN COLE If you or your representative fail to appear at this hearing, a decision may be Wand 2 rendered against you. You have the opportunity to be heard at this hearing and to HAROLD be represented by an attorney at your own expense regarding the mandatory CETTY $300.00 civil penalty prescribed by Iowa Code §453A.22(2)(a) for the violation Ward 3 of§453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco QI1ENiIN M. products, or cigarettes to any person under eighteen years of age. HART Ward 4 If you wish to settle this case in lieu of the public hearing, you may complete the attached Acknowledgment/Settlement Agreement, returning the original copy, RON properly signed and dated, to David R. Zellhoefer, Assistant City Attorney, 715 WELPER wards Mulberry Street,Waterloo, Iowa, 50703, no later than ten(10).business days prior to the hearing date. With this Acknowledgment/Settlement Agreement, you must BOB include a check in the amount of$300.00 made payable to the City of Waterloo. GREENWOOD This will satisfy the penalty for a First Violation under Iowa Code §453A.22(2) At-large and will conclude the matter. STEVE SCHMITT If you have any questions, you may reach me at (319)291-4327. If you have At-Large obtained representation by an attorney in this matter, the attorney should contact me. Sincerely, f D d R. Zellhoefer Assistant City Attorney DRZ:lc Enclosures:Hearing Complaint,Acknowledgment/Settlement Agreement C: Police Chief Trelka file CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! A,Equal OppottunIty/Affirmative Action Employer • IN RE: SPICOLI'S GRILL 3555 UNIVERSITY AVENUE HEARING COMPLAINT WATERLOO, IOWA, 50701 FIRST VIOLATION The City of Waterloo hereby makes the following complaint against the above-named permittee: 1. Iowa Code §453A.2(1)provides that a person shall not"sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age." 2. Iowa Code §453A.22(2)(a)provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil penalty of Three Hundred Dollars ($300.00) for a first violation of Iowa Code §453A.2(1). 3. On or about October 7,2010,the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under eighteen years of age. A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council fmd a violation of the above-referenced section of Iowa Code Chapter 453A and assess a civil penalty in the amount of Three Hundred Dollars ($300.00) against Spicoli's Grill. Day' . ellhoefer Assistant City Attorney Charges Page 1 of 1 , Charges,Dispositions, Sentences Title: STATE vs. KIEFER, JACOB JAMES Case: 01071 STA0054549 (BLACK HAWK) Citation Number: 79805 Defendant: KIEFER, JACOB JAMES Count 01 Charge Charge: 453A.2(1)-C Description: 1ST OFFENSE-EMPLOYEE PROVIDING TOBACCO TO MINOR Offense 10/07/2010 Arrest Against Type: Date: Date: DPS Number: Adjudication Charge: 453A.2(1)-C Description: 1ST OFFENSE- EMPLOYEE PROVIDING TOBACCO TO Adj.: GUILTY BY COURT Adj.Date: 11/10/2010 Adj.Judge: TICKUP, Comments: Sentence Charge: 453A.2(1)-C Description: 1ST OFFENSE- EMPLOYEE PROVIDING TOBACCO TO Sentence 11/10/2010 Sentence: FINE Date: Appeal: Sen.Judge: TICKUP, Facility Attorney: Type: Restitution: Drug: Extradition: Lic.Revoked: DDS: Batterer: Fine Duration: Amount: Comment: http://www.iowacourts.state.ia.us/ESAWebApp/TV iewCharges?fromPrinterFriendlyPage... 12/13/2010 BEFORE THE WATERLOO CITY COUNCIL IN RE: SPICOLI'S GRILL ORDER 3555 UNIVERSITY AVENUE ASSESSING PENALTY WATERLOO, IOWA 50701 FIRST VIOLATION On this day of , 2011, after a public hearing on the matter, the Waterloo City Council finds that based upon evidence submitted by the City Attorney's Office, the above-captioned permittee committed a violation of Iowa Code §453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarettes to any person under eighteen years of age. THEREFORE, the Waterloo City Council hereby orders that a civil penalty be remitted by the above-captioned permittee, to the City of Waterloo, check made payable to City of Waterloo, on or before (30 days from the date of this Order). This sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). Be advised that failure to pay the civil penalty by this date shall result in the automatic permit suspension for a period of fourteen (14) days in addition to the $300.00 fine. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk Council Communication City Council Meeting: January 24, 2010 Prepared: January 13, 2010 Dept. Head Signature: Number of Attachments: 2 SUBJECT: Hotel/Motel Tax Mini-Grant Recommendation Submitted by: Aaron Buzza Recommended City Council Action: Approve Convention and Visitors Bureau (CVB) board recommendation for funding Iowa Lions Club State Convention mini-grant application in the amount of$3,000. Summary Statement: The CVB board reviewed the application for funding to assist with the honorarium for the keynote speaker and recommends funding fully at $3,000 Expenditure Required: $3,000 Source of Funds: Hotel-motel tax grant funding for FYE2011 Policy Issue: None Alternative: Do not provide funding Background Information: N/A Grant Application I.GENERAL INFORMATION(use a separate sheet of paper, if necessary): Name of organization Lions Clubs of Iowa Check payable to: (If different from above) Name of project/event Lions of Iowa Multiple District 9 State Convention Date of project/event June 2 through June 5, 2011 Contact person Gerald Inman,Convention Chairperson Address of organization or person completing application(include address for check if different): Street 224 Country View Drive City_Mechanicsville State IA Zip_52306 Phone: 563-432-6609 Fax: 2. Have you applied for funding during the regular hotel-motel tax grant cycle? Please explain why or why not. The Lions Clubs of Iowa have not applied for funding during the regular hotel-motel tax grant cycle because I was not aware of the time guidelines that apply for the regular tax grant cycle. I assumed the chairperson position of the Lions of Iowa Convention Planning Committee on July 1,2010. 3. What is the mission of your organization? The mission of the Lions Clubs of Iowa is to empower volunteers to serve their communities, meet humanitarian needs,encourage peace and promote international understanding through Lions Clubs. 4. How does your organization benefit the community? The services provided by specific Lions Clubs vary from club to club. Some individual club projects include providing eyeglasses and hearing aids for low income people; building ramps for handicapped individuals; delivering Meals-On-Wheels; helping maintain community parks and providing playground equipment, picnic tables, benches and shelters in these parks; cleaning up roadside ditches, cemeteries and other public areas; partner with daycare centers, preschools and schools to help meet the needs of our youth; sponsor youth to leadership camps;sponsor the Lions International Peace Poster Contest for middle school children. The Lions Clubs of Iowa have several statewide projects made possible by the service of Lions across Iowa and funded by club donations to the Iowa Lions Foundation. Last year, Lions screened over 30,000 children, ages 6 to 60 months,for vision through the Iowa KidSight Project. Over 1,000 individuals received cornea transplants from tissue processed through the Iowa Lions Eye Bank in Iowa City. Lions transported much of this tissue from the donor hospital to Iowa City. The Iowa Lions Foundation provides needed services at the Iowa School for the Deaf, helps visually impaired students partnering with the Iowa Department for the Blind, operates the Iowa Lions Hearing Aid Bank recycling hearing aids and providing reconditioned hearing aids to low income 3 people, partners with the Cochlear Implant Center at the University of Iowa Hospital & Clinics and supports Leader Dog Puppy Program at state correctional facilities in Rockwell City and Newton. Many Lions Clubs and individual Lions in Iowa make donations to the Lions Clubs International Foundation. This foundation provides grants worldwide to help victims of natural disasters and grants toward projects in its mission to eliminate preventable blindness. In 2008, the Lions Clubs International Foundation provided over $100,000 in aid to flood victims and $20,000 to the victims of the Parkersburg-New Hartford tornado. Grants for this foundation helped with the initial cost of establishing the Iowa KidSight Project. Grants have also been awarded in Iowa to help finance Habitat for Humanity projects. 5.How long has the organization been in existence? Lions Clubs International was founded in 1917 with clubs being established in Iowa as early as 1918. Today there are 382 Lions, Lioness and Leo clubs in Iowa with five clubs in Black Hawk County; Cedar Falls Lions Club founded in 1924, Laporte City Lions Club founded in 1924, Waterloo Lions Club founded in 1939, Hudson Lions Club founded in 1958 and Cedar Valley Evening Lions Club founded in 1982. 6.How many staff members and/or volunteers are involved in this organization? Nearly 10,000 men and women are members of Lions clubs in Iowa. Clubs in Black Hawk County have about 250 members. 7. Is a member of the Waterloo City Council on your Board of Directors? If so,please list them. No 8. If hotel/motel tax funds were awarded in previous years,describe how monies were used(attach any appropriate materials). I am not aware of any hotel/motel tax funds that have been awarded to the Lions Clubs of Iowa or any specific community Lions Clubs. 9.If hotel/motel tax funds were awarded in previous years for this project,please list any information available to show the impact of the event(hotels and number of rooms used,information about attendees, etc.) 10. Please describe,in detail,your project. a)Explain the project as though you were telling a complete stranger. b)Please be sure to specify how the grant monies will be used in the overall project. The Lions Clubs of Iowa will be holding its annual state convention at the Ramada & Five Sullivan Brothers Convention Center in Waterloo from Thursday, June 2 through Sunday, June 5, 2&t1Y Our goal is to make the 2011 Iowa Lions State Convention attractive as to draw over 300 attendees from cYmmunity Lions clubs across Iowa. Attendees usually arrive for the convention on Thursday evening or Friday morning. We hope to entice them to arrive a day or two early to enjoy much of what Waterloo has to offer tourists. 4 Activities on Friday include meetings of the Iowa Lions Council of Governors and the Board of Directors for the Iowa Lions Foundation,a noon luncheon with a guest speaker, and leadership training sessions. The Lions will be participating in and enjoying the festivities offered by the "My Waterloo Days Celebration" on Friday evening. Educational seminars, a breakfast with a guest speaker, the annual Lions of Iowa Business Meeting, an International Banquet with International Director Haynes Townsend from Dalton, Georgia as the keynote speaker and a memorial service for deceased Lions for will happen on Saturday. Plans are being made to add a special Saturday evening program with dinner and presentation by professional speaker Karen Taylor-Good from Nashville, TN. Her presentation is both motivational and musical. In September 2010 she was a keynote presenter at the USA/Canada Lions Leadership Forum at Milwaukee, WI. The intent of this program is to enhance the Lions of Iowa State Convention and attract more attendees to the event. This will be made possible by using$3,000 from the Waterloo Hotel/Motel Tax Grant to help cover Ms. Taylor-Good's speaker fee and travel expenses. The grant monies will be used to cover the fee and travel expenses for Karen Taylor-Good to be a presenter at the Lions of Iowa State Convention. The convention will conclude with an Honorees Breakfast on Sunday morning. 11. Please provide the following information about your project/program: a) Describe how the proposed project/program will bring visitors to the Waterloo area: b) How many visitors do you expect at this event: c) How many hotel rooms do you expect will be used in Waterloo for this event: If you have room blocks at Waterloo hotels, please provide a list of those hotels Based upon the past few years,the normal attendance at the Lions of Iowa State Convention is between 250 and 300 people. This number has been affected by the location of the host city for the convention. It is a feeling of the Lions of Iowa Convention Planning Committee that access to Waterloo on four-lane freeways will be an asset to the 2011 convention. The goal of the Planning Committee is to have over 300 attendees at the convention with many of them staying 2 or 3 nights at the Ramada. We expect 30 hotel rooms to be used on Thursday night, 100 rooms on Friday night and 80 rooms on Saturday night. The Ramada will be used for these rooms. We will be encouraging attendees to take advantage of the tourist attractions in the area. 12.Describe specifically how the proposed project will be marketed. Please list,in detail,where marketing will take place: The Lions of Iowa State Convention will be marketed through the Lions Clubs of Iowa website(IowaLions.org) and by articles in the March, April and May, 2011 issues of the Iowa Lion Magazine that is received by all Lions in Iowa. The convention will be promoted at the Lions of Iowa Mid-Winter Leadership Conference that will be held on January 13 through January 15 at the Clarion Hotel & Convention Center in Cedar Rapids and at five District Lions Conventions and the State Lioness Day during March and April. Attendance at the Mid-Winter Conference is expected to be over 250 and about 100 at each of the District Conventions. 5 13. Please provide a detailed description of the project budget. Please include information about additional funding sources,income and how the project cost and hotel/motel tax grant fit into the overall budget. This is an estimated and preliminary budget based upon 300 attendees. Note that the Waterloo Hotel/Motel Tax Grant of$3,000 will be used to pay the fee for Professional Speaker/Singer Karen Taylor-Good. INCOME: Lions Clubs of Iowa $ 750 Program Advertising 600 Registrations Fee 3,000 Meals 17,500 Waterloo Hotel/Motel Tax Grant 3,000 Miscellaneous Income 800 Total Income $25,650 EXPENSES: Meals $17,500 Hospitality 500 Administrative costs 1,000 Promotion 250 Printing 700 Seminar Presenters 500 Speakers(excluding a professional speaker) 500 Professional Speaker(fee and travel expenses) 4,000 Miscellaneous Expenses 700 Total Expenses $25,650 14. Additional information: The quality of the presentation and entertainment provided by Professional Speaker/Entertainer Karen Taylor- Good will enhance the convention and should attract more attendees. Without the Waterloo Hotel/Motel Tax Grant,the budget will not allow for a professional speaker at the Saturday evening event. 16.Please attach the following to the application: I Proof of liability insurance ✓ List of current board of directors and officers ✓ Documentation of IRS 501 c determination BUDGET SUMMARY: Total Project Cost $ 25,650 Additional Funding Sources $ 22,650 (ff/M Tax Grant cannot be sole source). In-Kind Services $ 0 6 Hotel/Motel Tax Grant Request $ 3,000 Please note: Additional Funding Sources,in-Kind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Grant Funds from the Waterloo Convention and Visitors Bureau. To the best of my knowledge,the information contained in this application and its attachments is accurate and complete. The Hotel/Motel Tax Grant funds are to be used for the express purpose as stated in the Grant Application.I,the undersigned,know full and well that if this program/project does not transpire,recommendation by the Waterloo Convention and Visitors Bureau Board of Directors for funding will be withdrawn.My organization will be responsible for refunding any portion of funds already received. Air. /0 ape® Signature of Applicant Date 7 RESOLUTION NO. 2011-55 RESOLUTION APPROVING WATERLOO CONVENTION AND VISITORS BUREAU BOARD RECOMMENDATIONS FOR FUNDING LIONS CLUBS OF IOWA' S REQUEST FOR A HOTEL/MOTEL MINI-GRANT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the recommendations from the Waterloo Convention and Visitors Bureau Board for funding Lions Club of Iowa' s request for a hotel/motel mini-grant, in the amount of $3, 000. 00, to be used for the honorarium for the keynote speaker at the Lions of Iowa Multiple District 9 State Convention to be held June 2-5, 2011 in Waterloo, Iowa, be and the same is hereby approved. PASSED AND ADOPTED this 24th day of January, 2011 . egi Ernest G. Clark, Mayor ATTEST: Suzy Sc a es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: 1/24/11 Prepared: 1/19/11 Dept. Head Signature: PH # of Attachments: 1 SUBJECT: License Agreement with Trail Blazers, Inc. for Construction of Storage Building at Riverview Recreation Area. Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action:Approve Agreement(attached) as written by City Attorney's office. Summary Statement:The Trail Blazers have received a grant from the Iowa Dept. of Natural Resources to construct a storage building at Riverview Recreation Area. The current User/Maintenance Agreement between the City and the Trail Blazers does not allow the Trail Blazers to enter into any construction contract without prior written consent of the City. Expenditure Required: No City funds required. Source of Funds :The Building would be constructed at the sole cost and expense of the Trail Blazers. Policy Issue: NA Alternative: NA Background Information: The proposed new storage building would provide storage for maintenance equipment and supplies used by the Trail Blazers to maintain and develop the OHV park at Riverview. Ownership of the building would revert to the City at the end the term of the agreement. CITY OF WATERLOO Council Communication City Council Meeting: 1/24/11 Prepared: 1/19/11 Dept. Head Signature: PH # of Attachments: 1 SUBJECT: License Agreement with Trail Blazers, Inc. for Construction of Storage Building at Riverview Recreation Area. Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action:Approve Agreement(attached) as written by City Attorney's office. Summary Statement:The Trail Blazers have received a grant from the Iowa Dept. of Natural Resources to construct a storage building at Riverview Recreation Area. The current User/Maintenance Agreement between the City and the Trail Blazers does not allow the Trail Blazers to enter into any construction contract without prior written consent of the City. Expenditure Required:No City funds required. Source of Funds :The Building would be constructed at the sole cost and expense of the Trail Blazers. Policy Issue: NA Alternative: NA Background Information: The proposed new storage building would provide storage for maintenance equipment and supplies used by the Trail Blazers to maintain and develop the OHV park at Riverview. Ownership of the building would revert to the City at the end the term of the agreement. LICENSE AGREEMENT This License Agreement(the"Agreement") is entered into as of , 2011 by and between the City of Waterloo, Iowa, a municipal corporation("City"), and Trail Blazers, Inc., an Iowa non-profit corporation("Trail Blazers"). RECITALS A. City and Trail Blazers are parties to a User/Maintenance Agreement dated November 19. 2007 regarding Riverview Recreation Area("Riverview"),pursuant to which the City permits Trail Blazers to maintain and operate an off-highway vehicle park on City property. B. City desires to grant a limited license to Trail Blazers for the purpose of constructing a storage building at Riverview. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for other consideration,the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Grant of License. City hereby grants to Trail Blazers a non-transferable, revocable license for the limited purpose of a constructing and maintaining a single storage building at Riverview. The size, design and location of the storage building shall be subject to the prior written consent of City. The rights granted hereunder may not be assigned by Trail Blazers without the prior written consent of City. Trail Blazers may not construct any other structures or improvements at Riverview,except for the storage building, without the prior written consent of City. Trail Blazers must obtain all necessary funding and permits for construction prior to constructing said storage building. All work to be undertaken as contemplated by this Agreement shall be at the sole cost and expense of Trail Blazers. 2. Ownership of Storage Building. The parties acknowledge and agree that at the end of the term of this Agreement, ownership of the storage building shall automatically transfer to City. During the term of this Agreement, the storage building shall be owned by Trail Blazers, and Trail Blazers shall be solely responsible for all upkeep and maintenance of the storage building, as well as any and all repairs to the storage building resulting from damage caused by third parties or acts of God, including flooding, or any other cause whatsoever. The parties acknowledge that the premises is in a flood zone and is subject to flooding, and Trail Blazers assumes any and all risk of replacing the storage building on the premises. 3. Liens. Trail Blazers agrees that it shall not permit any liens for work, services, or materials provided in relation to the storage building to be made or filed against the premises. In the event any such lien is filed, Trail Blazers shall immediately take such action as is necessary to have the lien removed or released. 4. Insurance. Trail Blazers agrees, at its own expense,to procure and maintain fire and extended insurance coverage for the storage building in addition to its insurance requirements for Riverview as set forth in the User/Maintenance Agreement. Certificates or copies of said policies, including City and the Waterloo Leisure Services Commission as additional insureds, and providing for thirty(30) days' advance notice to City before cancellation, shall be delivered to City concurrently with execution of this Agreement. A renewal certificate shall be provided to City prior to expiration of any policy. Any liability shall be first assumed by Trail Blazers' insurance up to the limits of coverage as set forth herein. City may at its own expense procure and maintain additional insurance, but City has no obligation to insure the structure. 5. Indemnity. Trail Blazers agrees to indemnify, defend, and hold harmless City and the Waterloo Leisure Services Commission, the officers, elected or appointed officials, consultants, agents, and/or employees of each, from and against all claims, demands, causes of action, damages, losses, expenses, and liabilities whatever (including but not limited to attorneys' fees and expenses, whether incurred prior to or during litigation, administrative hearings, arbitration, or bankruptcy proceedings, including trial and appellate levels) (each of the foregoing is a"Claim"), which may in any way arise out of or result from the location or use of the storage building,provided that any Claim is caused in whole or in part by any negligent act or omission or other fault of Trail Blazers or anyone directly or indirectly employed by it or anyone for whose acts Trail Blazers may be liable. 6. Term. This Agreement shall commence on the date set forth above and shall continue in force and effect until (a)termination of the User/Maintenance Agreement according to its terms, (b) upon sixty (60) days advance written notice of termination from City to Trail Blazers, or(c)upon mutual written agreement of the parties, whichever occurs first. Upon termination of this Agreement, Trail Blazers agrees to immediately cease and desist from any further use of the storage building and to remove all personal property therefrom. 7. Notice. All notices under this Agreement shall be in writing and addressed as follows: For City, Leisure Services Commission, 1101 Campbell Avenue, Waterloo, Iowa 50701. For Trail Blazers, P.O. Box 383, Independence, Iowa, 50644, Attn: President. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this Agreement three (3)business days after the date it is sent, addressed as above designated,postage prepaid, by first class mail and so deposited in a United States mail box. 8. Governing Law; Litigation. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. The parties agree to the jurisdiction and venue of the Iowa District Court for Black Hawk County in any action to construe, interpret, or enforce this Agreement. EACH PARTY HEREBY WAIVES ITS RIGHT TO A JURY TRIAL WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, WHETHER DIRECTLY OR INDIRECTLY. 9. Severability. In the event any provision of this Agreement is held invalid, illegal, or unenforceable, whether in whole or in part,the remaining provisions of this Agreement 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 Agreement 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. 2 10. General. This Agreement is binding upon the parties and their respective heirs, personal representatives, successors and assigns. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and may not be modified except in a writing signed by both parties. IN WITNESS WHEREOF,the parties have executed this License Agreement by their duly authorized representatives as of the date set first forth above. City of Waterloo, Iowa Trail Blazers, Inc. By: By: Ernest G. Clark, Mayor Shawn Hoaglan,President Attest: Carol Failor, Deputy City Clerk STATE OF IOWA ) ) ss. COUNTY ) Acknowledged before me on , 2011, by Shawn Hoaglan as President of Trail Blazers Inc. Notary Public STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2011,by Ernest G. Clark and Carol Failor as Mayor and Deputy City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 3 RESOLUTION NO. 2011-56 RESOLUTION APPROVING LICENSE AGREEMENT WITH TRAIL BLAZERS, INC. , AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the License Agreement dated January 24, 2011, for construction of a storage building at the Riverview Recreation Area, by and between Trail Blazers, Inc. and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 24th day of January, 2011. Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Clerk ty CITY OF WATERLOO , IOWA ,� COMMUNITY PLANNING AND DEVELOPMENT S� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 d�Qr100 �O NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting:January 24 BUCK CLARK Prepared:January 19 Dept. Head Signature: # of Attachments: 13 COUNCIL MEMBERS SUBJECT: Approval of Contract for the Disaster Recovery Business Rental DAVID JONES Assistance Program for 11 i r �� "`h • ;; Ward l , Clark, Butler, Walsh and Hamann, P.C. at 315 E 5th St, in the amount of$50,000, Invision Architecture, LTD at 501 Sycamore St, in the amount of CARE LYN $50,000, and Salon 224, LLC at 224 E 4th St, in the amount of$7,800. Ward 2 Submitted by: Aric Schroeder, City Planner HAROLD GETTY Recommended CityCouncil Acti A roval Ward 3 on: I>I> QUENTIN Summary Statement: The Planning and Zoning Department has received and HART processed 124 applications that are complete with all required documentation. Ward 4 We are now requesting approval of 4 additional applications. The additional RON completed applications total$119,800, which, if distributed, would leave WELPER $621,222.75 in remaining Disaster Recovery Business Rental Assistance funds. Ward 5 IDED is requiring that a separate contract agreement(including a promissory BOB note for the forgivable loan amount where applicable)be executed between the GREENWOOD City of Waterloo and each of the businesses. The businesses with their eligible At-Large assistance amounts include: 1) CU and The Cellar, LLC at 320 E 4th St, $12,000, 2) Clark, Butler, Walsh and Hamann, P.C. at 315 E 5th St, $50,000, 3)Invision STEVE Architecture, LTD at 501 Sycamore St, $50,000, and 4) Salon 224, LLC at 224 E Ar- eITT 4th St, $7,800. Expenditure Required: $119,800 Source of Funds: CDBG Business Disaster Recovery Financial Assistance (Contract# 08-DRB-205) Policy Issue: N/A Alternative: N/A Background Information: The City of Waterloo has been awarded Community Development Block Grant Business Disaster Recovery Financial Assistance, and CITYE'RE W E: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 111 An Equal Opportunity/Affirmative Action Employer an agreement with the Iowa Department of Economic Development(IDED)was approved with Resolution No. 2009-814 on August 17, 2009(contract number 08-DRB- 205). That agreement provides for the setup of the Disaster Recovery Business Rental Assistance Program, allowing for tenants renting space within a disaster impacted building up to 6 months of free rent. A business can receive up to 6 months in free rent, with a maximum amount of$50,000 in assistance given as a forgivable loan. The rent can be paid for as far back as October 2008, and if a business's assistance is for 6 previous months rent, then no promissory note is required. If the assistance is for future rent payments, the applicant's will be paid monthly based on the amount of their rent due each month. AS:SG cc: Noel Anderson,Community Planning&Development Director Shane Graham,Planner II CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 %no0 \O NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting:January 24 BUCK Prepared:January 19 Dept. Head Signature:a�,,/ ,�" # of Attachments: 13 G'" �� COUNCIL MEMBERS SUBJECT: Approval of Contract for the Disaster Recovery Business Rental DAVID Assistance Program for ar, m t e amount of JONES Ward 1 $12,000,Clark, Butler, Walsh and Hamann, P.C. at 315 E 5th St, in the amount of$50,000, Invision Architecture, LTD at 501 Sycamore St, in the amount of CARO LYN $50,000, and Salon 224, LLC at 224 E 4th St, in the amount of$7,800. Ward 2 Submitted by: Aric Schroeder, City Planner HAROLD Wad3 TY Recommended City Council Action:Approval QUENTIN Summary Statement: The Planning and Zoning Department has received and HART processed 124 applications that are complete with all required documentation. Ward 4 We are now requesting approval of 4 additional applications. The additional RON completed applications total$119,800, which, if distributed, would leave WELPER $621,222.75 in remaining Disaster Recovery Business Rental Assistance funds. Wards IDED is requiring that a separate contract agreement(including a promissory BOB note for the forgivable loan amount where applicable)be executed between the GREENWOOD City of Waterloo and each of the businesses. The businesses with their eligible At-Large assistance amounts include: 1) CU and The Cellar, LLC at 320 E 4th St, $12,000, 2) Clark, Butler, Walsh and Hamann, P.C. at 315 E 5th St, $50,000, 3)Invision STEVE Architecture, LTD at 501 Sycamore St, $50,000, and 4) Salon 224, LLC at 224 E A L SCHMITT 4th St, $7,800. Expenditure Required: $119,800 Source of Funds: CDBG Business Disaster Recovery Financial Assistance (Contract#08-DRB-205) Policy Issue: N/A Alternative: N/A Background Information: The City of Waterloo has been awarded Community Development Block Grant Business Disaster Recovery Financial Assistance, and CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer an agreement with the Iowa Department of Economic Development(IDED)was approved with Resolution No. 2009-814 on August 17, 2009 (contract number 08-DRB- 205). That agreement provides for the setup of the Disaster Recovery Business Rental Assistance Program, allowing for tenants renting space within a disaster impacted building up to 6 months of free rent. A business can receive up to 6 months in free rent, with a maximum amount of$50,000 in assistance given as a forgivable loan. The rent can be paid for as far back as October 2008, and if a business's assistance is for 6 previous months rent, then no promissory note is required. If the assistance is for future rent payments, the applicant's will be paid monthly based on the amount of their rent due each month. AS:SG cc: Noel Anderson,Community Planning&Development Director Shane Graham,Planner II Disaster Recovery Business Rental Assistance Program Contract CONTRACT# AWARD DATE: PROJECT COMPLETION DATE: BRAP110 , 2011 May, 2011 CITY: City of Waterloo CONTACT PERSON: Noel Anderson, Director of 715 Mulberry Street Community Planning and Development y Waterloo, Iowa 50703 Email: Noel.Anderson@Waterloo-ia.org a) Phone: (319) 291-4366 aFax: (319) 291-4262 _c BUSINESS: CU and The Cellar, LLC. CONTACT PERSON: Steve Cunningham ~ 320 E 4`h St Email: Waterloo, Iowa 50703 Phone: (319) 274-8888 Fax: a) FORGIVABLE LOAN AMOUNT: $12,000 LI y TERMS OF FORGIVENESS: . PROJECT DESCRIPTION: H The Business must: This Forgivable Loan is provided by the City to the a m ■ Locate in a business rental Business to complete the Project as described in ,a J space that was physically its application and summarized here. Funds shall C d damaged by the 2008 natural be used by the Business for rental assistance for disaster(s). the period [12/10] to [05/11]. i ? • Enter into a minimum one-year, N o market-rate lease. c LL • Remain open for the duration of Io the six-month period for which m rental assistance is awarded. ■ Not be in default of any term of this Contract. THE UNDERSIGNED AGREE to be bound by the terms and conditions stated above and the following documents incorporated by this reference and attached to this Contract: (1) Exhibit A- Disaster Recovery Business Rental Assistance Program General Provisions (July 2009), (2) Exhibit B- Business's Promissory Note, and (3) Exhibit C -Business's Application for Disaster Recovery Business Rental Assistance Program assistance. The Parties have entered into this Contract, effective as of the last date stated below (the "Contract Effective Date" (,) FOR THE CITY: FO T IN : Signature Si a ure -e D ( 4,L I)[_e" t'.„'"- Print Name and Title Print Name and Title I—O /( Date Date EXHIBIT A DISASTER RECOVERY BUSINESS RENTAL ASSISTANCE PROGRAM GENERAL PROVISONS (July 2009) 4. CONTRACT DURATION. This Contract is payments to Business until such time as the effective as of the Contract Effective Date stated default has been cured to City's satisfaction. on Page 1 and shall remain in effect through the Notwithstanding anything to the contrary in this Project Completion Date and until the City has Contract, upon a termination of this Contract on closed out the Contract and provided Business account of an Event of Default, Business will no with written notice of Contract closeout. longer have the right to receive any disbursements after the effective date of default. 2. FUNDING. The source of funding for this 7. INVESTMENT OF GRANT FUNDS. Contract is a grant from the Iowa Department of Economic Development to the City for a. In the event that Award Funds are not financial assistance to businesses. Any immediately utilized, temporarily idle Award termination, reduction, or delay of funds Funds held by the Business may be invested in available due, in whole or in part, to (i) lack of, accordance with State law, including but not reduction in, or a deappropriation of funds, or(ii) limited to the provisions of Iowa Code chapter any other reason beyond the City's control may, 12C concerning the deposit of public funds. in the City's discretion, result in the termination, Interest accrued on temporarily idle Award funds reduction or delay of funds to the Business. held by the Business shall be credited to and expended on the Project prior to the expenditure 3. ACKNOWLEDGEMENT OF OBLIGATIONS. of other Award funds. Business acknowledges and agrees that: a) this b. All proceeds remaining, including accrued Award is made in consideration of Business's interest, after all allowable Project costs have representations and warranties described in this been paid or obligated shall be returned to the Contract, and b) upon violation of such City within thirty (30) days after the Project covenants and warranties, Business is obligated Completion Date. Within ten (10) days of receipt to immediately repay any amounts the City of a written request from City the Business shall determines Business received without fulfillment inform the City in writing of the amount of of Business's obligations under this Contract, unexpended Award funds in the Business's plus applicable costs described in Section 14. possession or under the Business's control, 4. CONDITIONS TO DISBURSEMENT OF whether in the form of cash on hand, investments, or otherwise. FUNDS; DISBURSEMENT TERMS. No Award 8. BUSINESS'S REPRESENTATIONS AND funds will be disbursed to the Business until: WARRANTIES. Business represents and (a) The Business and the City have signed warrants to City as follows: this Contract, and (b)The Business requests a disbursement of funds. All disbursements of a. Authority and validity of obligations. Award funds shall be subject to receipt by the Business has full right and authority to enter into City of requests for disbursement, in form and this Contract. The person signing this Contract content acceptable to City, submitted by the has full authority to sign this Contract on behalf Business. All requests shall include of the Business, and obligate the Business to documentation of costs that have been paid or the performance of each and all of the costs to be paid immediately upon receipt of obligations under the Contract. Award funds. The Business shall submit to City b. Approvals received. This Contract delivered such supporting evidence as may be reasonably by the Business has been duly authorized, requested by City to substantiate all payments executed and delivered by the Business and which are to be made out of any requisition and/ constitutes the valid and binding obligation of the or to substantiate all payments then made with Business and is enforceable against the respect to the Project. Business in accordance with its terms. Business has secured all necessary authorizations and 5. PRIOR COSTS. No expenditures made prior approvals with any governmental, regulatory or to the rental assistance period start date may be governing board that may be necessary to included as Project costs. permit Business to execute this Contract and comply with its terms. 6. SUSPENSION OF DISBURSEMENT. Upon c. Governmental Approvals, Permits and the occurrence of an Event of Default(as Licenses. To the best of its knowledge, defined in Section 11) the City may suspend information, and belief after reasonable due Contract#BRAP110 2 diligence and investigation to determine the Program's effectiveness and to determine accuracy of this representation, Business compliance with this Contract. Business shall represents that it has received all.licenses, promptly comply with all such requests. permits, and approvals of all Federal, state, and d. Disbursement Requests. Business shall local governmental authorities, if any, necessary prepare, sign and submit disbursement requests to conduct its business, in each case where the as specified in this Contract in the form and failure to obtain or maintain the same could content required by City. Business shall review reasonably be expected to have a material all disbursement requests and verify that adverse effect. No investigation or proceeding claimed expenditures are allowable costs. which, if adversely determined, could reasonably Business shall maintain documentation be expected to result in revocation or denial of adequate to support the claimed costs. any material license, permit, or approval is e. Inspection and Audit. Business shall permit pending or, to the knowledge of the Business, the City and its duly authorized representatives threatened. to visit and inspect any of the Business's d. Litigation and Other Controversies. There is properties, books and financial records related no litigation or governmental proceeding to the Project, to examine and make copies of pending nor, to the knowledge of the Business, the books of accounts and other financial threatened, against the Business which if records, and to discuss the affairs, finances and adversely determined would adversely impact accounts with, and to be advised as to the same Business's ability to perform under this Contract. by, its officers and independent public e. Compliance with Laws. To the best of its accountants (and by this provision Business knowledge, information, and belief after authorizes such accountants to discuss with the reasonable due diligence and investigation to City and the City's duly authorized determine the accuracy of this representation, representatives the finances and affairs of the Business represents that it is in compliance with Business) at such reasonable time and the requirements of all federal, state and local reasonable intervals as the City may designate. laws, rules and regulations applicable to or Routine inspections and audits performed by pertaining to the operations of Business. City will be at City expense. In the event any 9. EFFECTIVE DATE OF special audits are conducted at City's request, REPRESENTATIONS AND WARRANTIES. the cost of such special audits will be at The warranties and representations of Section 8 Business's expense. are made as of the Contract Award Date and f. Compliance with Laws. Business will comply shall be deemed to be renewed and restated by in all material respects with the requirements of the Business at the time each request for all federal, state and local laws, rules, disbursement of funds is submitted to the City. regulations and orders including, but not limited 10. COVENANTS OF BUSINESS. The to prevention of discrimination in employment, Business covenants that: equal employment opportunity and affirmative a. Performance Obligations. Business shall action, worker rights and worker safety, and the enter into a minimum one-year, market-rate Iowa Department of Economic Development's lease for a business rental space that was administrative rules for the Disaster Recovery physically damaged by the 2008 natural business Rental Assistance Program (261 IAC - disaster(s), remain open for the duration of the Chapter 79). six-month period for which rental assistance is g. Use of Award Funds. Business shall use awarded, and complete the Project as described Award funds extended under this Contract solely in this Contract. Business shall promptly provide for the purposes set forth in this Contract. City with written notice of any major changes h. Notice of Proceedings. Business shall that would impact the success of the Project. promptly notify the City of the initiation of any b. Repayment Obligations. Upon the claims, lawsuits, or other proceedings brought occurrence of an unremedied Event of Default against Business which would adversely impact as described in Section 11 Business agrees to the Project. immediately repay such amounts determined by i. Accounting Records. Business shall City as due and payable. maintain its books, records and all other c. Required Reports. For the duration of this evidence pertaining to this Contract in Contract the Business shall provide the City with accordance with generally accepted accounting required reports to assist in evaluation of the Contract#BRAP110 3 principles and such other procedures specified inability to pay, its debts generally as they by City. These records shall be available to become due, (3) make an assignment for the City, its internal or external auditors, the Auditor benefit of creditors, (4) apply for, seek, consent of the State of Iowa, the Attorney General of the to, or acquiesce in, the appointment of a State of Iowa, the Iowa Department of Economic receiver, custodian, trustee, examiner, liquidator Development and the Iowa Division of Criminal or similar official for it or any substantial part of Investigations at all times during the Contract its property, (5) institute any proceeding seeking duration and any extensions thereof, and for to have entered against it an order for relief three (3) full years from the date this Contract is under the United States Bankruptcy Code as closed out by City. amended, to adjudicate it insolvent, or seeking j. Indemnification. Business shall indemnify, dissolution, winding up, liquidation, defend and hold harmless the City, its reorganization, arrangement, adjustment or departments, divisions, agencies, sections, composition of it or its debts under any law commissions, officers, employees and agents relating to bankruptcy, insolvency or from and against all losses, liabilities, penalties, reorganization or relief of debtors or fail to file an fines, damages and claims (including taxes), answer or other pleading denying the material and all related costs and expenses (including allegations of any such proceeding filed against reasonable attorneys'fees and disbursements it, or(6) fail to contest in good faith any and costs of investigation, litigation, settlement, appointments or proceeding described below; judgments, interest and penalties), arising from or or in connection with any of the following: (i)Any e. Appointment of Officials. A custodian, claim, demand, action, citation or legal receiver, trustee, examiner, liquidator or similar proceeding arising out of or resulting from the official shall be appointed for either the Business Project; (ii)Any claim, demand, action, citation or any substantial part of any of its respective or legal proceeding arising out of or resulting property, or a proceeding described above shall from a breach by Business of any representation be instituted against the Business and such or warranty made by the Business in this appointment continues undischarged or such Contract; (iii) any claim, demand, action, citation proceeding continues undismissed or unstayed or legal proceeding which results from an act or for a period of sixty(60) days; or omission of Business or any of their agents in its 12. REMEDIES UPON DEFAULT. If, after or their capacity as an employer of a person. notice of default and opportunity to cure as 11. EVENTS OF DEFAULT.Any one or more of provided in Section 13, there is an unremedied the following shall constitute an "Event of Event of Default, the City may: Default"hereunder: a. Terminate this Contract and all of the a. Noncompliance with Contract. Default in obligations of City under this Contract on the the observance or performance of any other date stated in such notice, and provision of this Contract; or b. Suspend pending disbursements and b. Material Misrepresentation. Any terminate further disbursements of Award funds, representation or warranty made by the and Business in this Contract or in any statement or c. Declare the total amount of Award funds certificate furnished by it pursuant to this disbursed to be forthwith due and payable, Contract, or in connection with any of the above, including any and all fees, charges and other proves untrue in any material respect as of the amounts payable under this Contract. The total date of the issuance or making thereof; or amount due shall be and become immediately c. Adverse Change in Financial Condition. Any due and payable without further demand, change shall occur in the financial condition of presentment, protest or notice of any kind. the Business which would have a material 13. NOTICE AND OPPORTUNITY TO CURE. If adverse effect on the ability of the Business to City has reasonable cause to believe that an perform under this Contract; or Event of Default has occurred under this d. Bankruptcy or Similar Proceedings Initiated. Contract , the City shall issue a written Notice of Either the Business shall (1) have entered Default to the Business, setting forth the nature involuntarily against it an order for relief under of the alleged default in reasonable specificity, the United States Bankruptcy Code, as and providing therein a reasonable period time, amended, (2) not pay, or admit in writing its which shall not be fewer than twenty(20) days Contract#BRAP110 4 from the date of the Notice of Default, in which specified. - the Business shall have an opportunity to cure, 20. HEADINGS. Section headings used in this provided that cure is possible and feasible. Contract are for convenience of reference only 14. EXPENSES. Business agrees to pay to the and are not a part of this Contract for any°other City all expenses reasonably incurred or paid by purpose. City including reasonable attorneys'fees and 21. FINAL AUTHORITY. The City shall have court costs, in connection with any Default or the authority to reasonably assess whether Event of Default by the Business or in Business has complied with the terms of this connection with the enforcement of any of the Contract. terms of this Contract. 22. WAIVERS. No waiver by the City of any 15.TIMELY PERFORMANCE.The Parties default hereunder shall operate as a waiver of agree that the dates and time periods specified any other default or of the same default on any in this Contract are of the essence to the future occasion. No delay on the part of the City satisfactory performance of this Contract. in exercising any right or remedy hereunder 16. CHOICE OF LAW AND FORUM. shall operate as a waiver thereof. No single or In the event any proceeding of a quasi-judicial or partial exercise of any right or remedy by City judicial nature is commenced in connection with shall preclude future exercise thereof or the this Contract, the proceeding shall be brought in exercise of any other right or remedy. Des Moines, Iowa, in Polk County District Court 23. COUNTERPARTS.This Contract may be for the State of Iowa, if such court has executed in any number of counterparts, each of jurisdiction. If however, such court lacks which shall be deemed to be an original, but all jurisdiction and jurisdiction lies only in a United of which together shall constitute but one and States District Court, the matter shall be the same instrument. commenced in the United States District Court 24. SURVIVAL OF REPRESENTATIONS. All for the Southern District of Iowa, Central representations and warranties made herein or Division. This provision shall not be construed in any other Contract document or in certificates as waiving any immunity to suit or liability, in given pursuant hereto or thereto shall survive state or federal court, which may be available to the execution and delivery of this Contract and the City, or its officers, employees or agents. the other Contract documents and shall continue 17. GOVERNING LAW.This Contract and the in full force and effect with respect to the date as rights and duties of the Parties hereto shall be of which they were made until all of Business's governed by, and construed in accordance with obligations or liabilities under this Contract have the internal laws of the State of Iowa without been satisfied. regard to principles of conflicts of laws. 25. SEVERABILITY OF PROVISIONS.Any 18. CONTRACT AMENDMENTS.The Contract provision of this Contract which is unenforceable may only be amended if done so in writing and in any jurisdiction, shall, as to such jurisdiction, signed by the Business and the City. be ineffective to the extent of such 19. NOTICES. All notices hereunder shall be in unenforceability without invalidating the writing and shall be given to the relevant party at remaining provisions hereof or affecting the its address, ore-mail address as set forth on the validity or enforceability of such provision in any first page of this Contract. Each such notice, other jurisdiction. All rights, remedies and request or other communication shall be powers provided in this Contract or any other effective(i) if given by facsimile, when such Contract document may be exercised only to the facsimile is transmitted to the facsimile number extent that the exercise thereof does not violate specified and a confirmation of such facsimile any applicable mandatory provisions of law, and has been received by the sender, (ii) if given by all the provisions of this Contract and any other e-mail, when such e-mail is transmitted to the e- Contract document are intended to be subject to mail address specified and a confirmation of all applicable mandatory provisions of law which such e-mail has been received by the sender, may be controlling and to be limited to the extent (iii) if given by mail, five (5) days after such necessary so that they will not render this communication is deposited in the mail, certified Contract or any other Contract document invalid or registered with return receipt requested, or unenforceable. addressed as aforesaid or(iv) if given by any other means, when delivered at the addresses 26. NONASSIGNMENT.This Contract may not Contract#BRAP110 5 be assigned by Business without prior written b. Exhibit A—Disaster Recovery Business consent of the City. Rental Assistance Program General 27.TERMINATION. This Contract may be Provisions (July, 2009). terminated in the following circumstances: c. Exhibit B- Business's Promissory Note. a. As a result of the Business's default under d. Exhibit C -Business's Application for this Contract; Disaster Recovery Business Rental b. As a result of the termination or reduction of Assistance Program Financial Assistance. funding to the City; 29. INTEGRATION.This Contract contains the c. Upon written mutual agreement of the City entire understanding between the Business and and Business. the City relating to this Disaster Recovery 28. ORDER OF PRIORITY. In the case of any Business Rental Assistance Program Award and inconsistency or conflict between provisions of any representations that may have been made this Contract and its Exhibits, the following order before or after the signing of this Contract which of priority shall control: are not contained herein, are nonbinding, void and of no effect. Neither of the Parties has relied a. The terms and conditions of the Award as on any such prior representation in entering into outlined on Page 1 of this Contract. this Contract. Contract#BRAP110 6 EXHIBIT B— BUSINESS'S PROMISSORY NOTE PROMISSORY NOTE —FORGIVABLE LOAN FOR VALUE RECEIVED, the undersigned promises, in the event this Forgivable Loan is not forgiven, to pay to the order of the CITY OF WATERLOO, at its office at 715 Mulberry Street, the sum of TWELVE THOUSAND DOLLARS ($12,000) with interest at a rate of 0 % plus, in the event of a default, any costs and expenses that may be assessed as allowed under Contract# BRAP110 (the "Contract") and as stated below. The terms and conditions by which forgiveness of this Loan may occur are as specified in the Contract. Upon default, the whole amount then disbursed to Business shall become immediately due and payable at the option of the holder. The undersigned, in case of suit on this note, agrees to pay on demand all costs of collection, maintenance of collateral, legal expenses, and attorneys' fees incurred or paid by the holder in collecting and/or enforcing this Note on default. Makers, endorsers and sureties waive demand of payment, notice of non- payment, protest and notice. Sureties, endorsers and guarantors agree to all of the provisions of this note, and consent that the time or Imes of payment of all or any part hereof may be extended after maturity, from tim o time, without notice. CU d; ells , LLC. By: r Signature 11 L� Print Name, Title Address: 320 E 4th St Waterloo, IA 50703 Date 1 —(6 -- 1 ( Contract#BRAP 110 7 Disaster Recovery Business Rental Assistance Program Contract CONTRACT# AWARD DATE: PROJECT COMPLETION DATE: BRAP111 , 2011 June, 2011 CITY: City of Waterloo CONTACT PERSON: Noel Anderson, Director of 715 Mulberry Street Community Planning and Development Waterloo, Iowa 50703 Email: Noel.Anderson@Waterloo-ia.org m Phone: (319)291 4366 f Fax: (319) 291-4262 as s BUSINESS: Clark, Butler, Walsh and CONTACT PERSON: Tim Hamann F- Hamann, P.C. Email: 315 E 5th St, Suite 200 Phone: (319)234-5701 Waterloo, Iowa 50703 Fax: a FORGIVABLE LOAN AMOUNT: $50,000 c h TERMS OF FORGIVENESS: PROJECT DESCRIPTION: y The Business must: This Forgivable Loan is provided by the City to the a 1 • Locate in a business rental Business to complete the Project as described in �a J space that was physically its application and summarized here. Funds shall c a, damaged by the 2008 natural be used by the Business for rental assistance for 0 .a disaster(s). the period [01/11] to [06/11]. E_ ? • Enter into a minimum one-year, u) o market-rate lease. c u • Remain open for the duration of u) the six-month period for which m rental assistance is awarded. • Not be in default of any term of this Contract. THE UNDERSIGNED AGREE to be bound by the terms and conditions stated above and the following documents incorporated by this reference and attached to this Contract: (1) Exhibit A- Disaster Recovery Business Rental Assistance Program General Provisions (July 2009), (2) Exhibit B- Business's Promissory Note, and (3) Exhibit C -Business's Application for Disaster Recovery Business Rental Assistance Program assistance. The Parties have entered into this Contract, effective as of the last date stated below (the "Contract Effective Date"). FOR THE CITY: FOR THE BUSINESS: �n � (, 'iC; � 1A � c . Signature Signature 1 I ( (t'i v(s �Gt idct(c� ice( Gu-!-[Cry Print Name and Title Print Na e and Title i/l/�(t Date Date EXHIBIT B_-BUSINESS'S PROMISSORY NOTE PROMISSORY NOTE —FORGIVABLE LOAN FOR VALUE RECEIVED, the undersigned promises, in the event this Forgivable Loan is not forgiven, to pay to the order of the CITY OF WATERLOO, at its office at 715 Mulberry Street, the sum of FIFTY THOUSAND DOLLARS ($50,000) with interest at a rate of 0 % plus, in the event of a default, any costs and expenses that may be assessed as allowed under Contract# BRAP111 (the "Contract") and as stated below. The terms and conditions by which forgiveness of this Loan may occur are as specified in the Contract. Upon default, the whole amount then disbursed to Business shall become immediately due and payable at the option of the holder. The undersigned, in case of suit on this note, agrees to pay on demand all costs of collection, maintenance of collateral, legal expenses, and attorneys' fees incurred or paid by the holder in collecting and/or enforcing this Note on default. Makers, endorsers and sureties waive demand of payment, notice of non- payment, protest and notice. Sureties, endorsers and guarantors agree to all of the provisions of this note, and consent that the time or times of payment of all or any part hereof may be extended after maturity, from time to time, without notice. Clark, Butler, Walsh and Hamann, P.C. By: Signature Clw,=s tOE146((o.vt.6 Print Name, Title Address: 315 E 5th St, Suite 200 Waterloo, IA 50703 / r Date i t �T r i Contract#BRAP111 7 Disaster Recovery Business Rental Assistance Program Contract CONTRACT# AWARD DATE: PROJECT COMPLETION DATE: BRAP113 , 2011 June, 2011 CITY: City of Waterloo CONTACT PERSON: Noel Anderson, Director of 715 Mulberry Street Community Planning and Development Waterloo, Iowa 50703 Email: Noel.Anderson@Waterloo-ia.org cu Phone: (319) 291-4366 E Fax: (319) 291-4262 as a am BUSINESS: Invision Architecture, CONTACT PERSON: Lynor Koch ~ LTD. Email: 501 Sycamore St Phone: (319) 233-8419 Waterloo, Iowa 50703 Fax: 0, FORGIVABLE LOAN AMOUNT: $50,000 c y TERMS OF FORGIVENESS: PROJECT DESCRIPTION:y The Business must: This Forgivable Loan is provided by the City to the a I • Locate in a business rental Business to complete the Project as described in .� space that was physically its application and summarized here. Funds shall c damaged by the 2008 natural be used by the Business for rental assistance for c disaster(s). the period [01/11] to [06/11]. it • Enter into a minimum one-year, y market-rate lease. c • Remain open for the duration of cthe six-month period for which m rental assistance is awarded. • Not be in default of any term of this Contract. THE UNDERSIGNED AGREE to be bound by the terms and conditions stated above and the following documents incorporated by this reference and attached to this Contract: (1) Exhibit A- Disaster Recovery Business Rental Assistance Program General Provisions (July 2009), (2) Exhibit B- Business's Promissory Note, and (3) Exhibit C -Business's Application for Disaster Recovery Business Rental Assistance Program assistance. The Parties have entered into this Contract, effective as of the last date stated below (the "Contract Effective Date"). FOR THE CITY: FOR THE BUSINESS: TOW itle-PA6V-----, Signature Signature MicHRa, SPC164fNt Fn Print Name and Title Print Name and Title I I/ (/S1101 Date Date EXHIBIT B- BUSINESS'S PROMISSORY NOTE PROMISSORY NOTE —FORGIVABLE LOAN FOR VALUE RECEIVED, the undersigned promises, in the event this Forgivable Loan is not forgiven, to pay to the order of the CITY OF WATERLOO, at its office at 715 Mulberry Street, the sum of FIFTY THOUSAND DOLLARS ($50,000) with interest at a rate of 0 % plus, in the event of a default, any costs and expenses that may be assessed as allowed under Contract# BRAP113 (the "Contract") and as stated below. The terms and conditions by which forgiveness of this Loan may occur are as specified in the Contract. Upon default, the whole amount then disbursed to Business shall become immediately due and payable at the option of the holder. The undersigned, in case of suit on this note, agrees to pay on demand all costs of collection, maintenance of collateral, legal expenses, and attorneys' fees incurred or paid by the holder in collecting and/or enforcing this Note on default. Makers, endorsers and sureties waive demand of payment, notice of non- payment, protest and.notice. Sureties, endorsers and guarantors agree to all of the provisions of this note, and consent that the time or times of payment of all or any part hereof may be extended after maturity, from time to time, without notice. Invision LTD. �fVV . � By: tf)jb'r'Q\4----b• Signature WAYYet, 13Ff- MRietleR Print Name, Title Address: 501 Sycamore St Waterloo, IA 50703 Date 116S' 'iddi Contract#BRAP113 7 Disaster Recovery Business Rental Assistance Program Contract CONTRACT# AWARD DATE: PROJECT COMPLETION DATE: BRAP116 , 2011 June, 2011 CITY: City of Waterloo CONTACT PERSON: Noel Anderson, Director of 715 Mulberry Street Community Planning and Development co Waterloo, Iowa 50703 Email: Noel.Anderson@Waterloo-ia.org Phone: (319) 291-4366 a`s. Fax: (319) 291-4262 s BUSINESS: Salon 224, LLC. CONTACT PERSON: Dayna Adams 1- 224 E 4th St Email: Waterloo, Iowa 50703 Phone: (319) 233-8900 Fax: cu FORGIVABLE LOAN AMOUNT: $7,800 c N TERMS OF FORGIVENESS: PROJECT DESCRIPTION: y The Business must: This Forgivable Loan is provided by the City to the a m • Locate in a business rental Business to complete the Project as described in o space that was physically its application and summarized here. Funds shall c d damaged by the 2008 natural be used by the Business for rental assistance for cia disaster(s). the period [01/11] to [06/11]. ii> • Enter into a minimum one-year, u o market-rate lease. a u- ■ Remain open for the duration of en the six-month period for which m rental assistance is awarded. • Not be in default of any term of this Contract. THE UNDERSIGNED AGREE to be bound by the terms and conditions stated above and the following documents incorporated by this reference and attached to this Contract: (1) Exhibit A- Disaster Recovery Business Rental Assistance Program General Provisions (July 2009), (2) Exhibit B- Business's Promissory Note, and (3) Exhibit C -Business's Application for Disaster Recovery Business Rental Assistance Program assistance. The Parties have entered into this Contract, effective as of the last date stated below (the "Contract Effective Date"). FOR THE CITY: F HE BUSINESS; Signature S atur� � ? !)4)y M- 4d4 i'Yl 5 0IAJI c Print Name and Title Print Name and Title Date /-I -ZD// Date EXHIBIT B— BUSINESS'S PROMISSORY NOTE PROMISSORY NOTE—FORGIVABLE LOAN FOR VALUE RECEIVED, the undersigned promises, in the event this Forgivable Loan is not forgiven, to pay to the order of the CITY OF WATERLOO, at its office at 715 Mulberry Street, the sum of SEVEN THOUSAND EIGHT HUNDRED DOLLARS ($7,800) with interest at a rate of 0 % plus, in the event of a default, any costs and expenses that may be assessed as allowed under Contract# BRAP116 (the "Contract") and as stated below. The terms and conditions by which forgiveness of this Loan may occur are as specified in the Contract. Upon default, the whole amount then disbursed to Business shall become immediately due and payable at the option of the holder. The undersigned, in case of suit on this note, agrees to pay on demand all costs of collection, maintenance of collateral, legal expenses, and attorneys' fees incurred or paid by the holder in collecting and/or enforcing this Note on default. Makers, endorsers and sureties waive demand of payment, notice of non- payment, protest and notice. Sureties, endorsers and guarantors agree to all of the provisions of this note, and consent that the time or times of payment of all or any part hereof may be extended after maturity, from time to time, without notice. Salon 224, LLC. By: jeGt/nC) Signature Print lame, Title Address: 224 E 4th St Waterloo, IA 50703 Date t " j � " ZUdI Contract#BRAP116 7 RESOLUTION NO. 2011-57 RESOLUTION APPROVING CONTRACTS AND PROMISSORY NOTES FOR THE DISASTER RECOVERY BUSINESS RENTAL ASSISTANCE PROGRAM WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND DIRECTING EXECUTION OF SAID DOCUMENTS BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Contracts and Promissory Notes dated January 24, 2011, for the Disaster Recovery Business Rental Assistance Program with the following businesses: Clark, Butler, Walsh and Hamann, P.C. 315 E. 5t'' Street, Suite 200 $50, 000 . 00 Invision Architecture, LTD 501 Sycamore Street $50, 000 . 00 Salon 224, LLC 224 E. 4th Street $7, 800 . 00 by and between the Iowa Department of Economic Development (CDBG Contract #08-DRB-205) and the City of Waterloo, Iowa, be and the same are hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 24th day of January, 2011 . Ernest G. Clark, ayor ATTEST: uzy S ha es, CMCity Cler CITY OF WATERLOO Council Communication City Council Meeting: January 24, 2011 Prepared: January 18, 2011 Dept. Head Signature: # of Attachments: SUBJECT: Smart Controls Change Order#1 Submitted by: Craig Clark Interim Building Official/Maintenance Administrator Recommended City Council Action: Approve recommendation of change order#1 in the amount $54,200.00 to Halvorson Trane Services, Inc of Clive, Iowa in conjunction with City of Waterloo Smart Controls for City Buildings, be received, placed on file and adopted. Summary Statement Halvorson Trane Services, Inc was the low bidder who demonstrated the ability to perform work . Expenditure Required $ 54,200.00 alternate for 40 VAV Boxes Source of Funds EECG funds Background Information: Contract approved on November 22, 2010 in the amount of$134,160.00 for base bid only. T ° Turnkey Agreement -- City of Waterloo, Iowa and Halvorson Trane Trane Project No. BN-1074 This Agreement(hereafter the"Agreement")is made and entered into as of this 18th of January, 2011 by and between P.A. Halvorson, Inc., (hereinafter"Halvorson Trane")and City of Waterloo,Iowa(hereinafter "Customer")for the purpose of furnishing certain services and work designed to improve the facility at the Premises (as defined below). ARTICLE 1 - THE SERVICES AND COMPENSATION Section 1.01. Contract Price.Subject to the terms and conditions hereof,as payment for Halvorson Trane's performance and furnishing of the Services(as defined below)at the Premises identified in Exhibit C hereto, Customer shall pay or cause to be paid to Halvorson Trane, in accordance with the dates and amounts on Exhibit A pursuant to Section 1.04,the sum of Fifty-four thousand, two-hundred dollars($54,200.00),which Contract Price excludes all sales taxes. Section 1.02. The Services and Exclusions. No later than March 1s, 2011, Halvorson Trane shall have designed and substantially completed installation of the equipment and performance of the work and services described in Exhibit B(hereinafter,collectively,the"Services"). Halvorson Trane's obligation hereunder is limited to the Services as defined herein. Excluded from the Services are any modifications or alterations to the Premises(not expressly included within the Services as defined)that may be required by operation of the Americans With Disabilities Act or any other law or building code(s). Section 1.03. Construction Procedures and Changes to Services. Halvorson Trane shall supervise and direct the Services using its best skill and attention. Halvorson Trane shall have exclusive control over construction means, methods,techniques,sequences and procedures. Halvorson Trane shall at all times have the right to replace,delete or substantially alter any item of equipment or part of the Services,correct any work,or revise any procedures included in this Agreement, provided, however,that Halvorson Trane shall obtain Customer's prior consent to substantial deviations from the original scope of Services, said consent not to be reasonably withheld or delayed. Section 1.04. Payment Terms. Customer shall pay Halvorson Trane's invoices within net 30 days of invoice date. Halvorson Trane may invoice Customer for all equipment or material furnished,whether delivered to the installation site or to an off-site storage facility and for all Work performed on-site or off-site. No retention shall be withheld from any payments except as expressly agreed in writing by Halvorson Trane, in which case retention shall be reduced per the contract documents and released no later than the date of substantial completion. Under no circumstances shall any retention be withheld for the equipment portion of the order. Customer shall be liable to Halvorson Trane for all reasonable shutdown,standby and start-up costs as a result of the suspension. Halvorson Trane reserves the right to add to any account outstanding for more than 30 days a service charge equal to 1.5%of the principal amount due at the end of each month. Customer shall pay all costs(including attorneys'fees)incurred by Halvorson Trane in attempting to collect amounts due and otherwise enforcing these terms and conditions. If requested, Halvorson Trane will provide appropriate lien waivers upon receipt of payment. Customer agrees that, unless Customer makes payment in advance, Halvorson Trane will have a purchase money security interest in all equipment from Halvorson Trane to secure payment in full of all amounts due Halvorson Trane and its order for the equipment,together with these terms and conditions,form a security agreement. Customer shall keep the equipment free of all taxes and encumbrances,shall not remove the equipment from its original installation point and shall not assign or transfer any interest in the equipment until all payments due Halvorson Trane have been made. Section 1.05. Completion Notwithstanding any other term or condition herein,when Halvorson Trane informs Customer that the Work has been completed, Customer shall inspect the Work in the presence of Halvorson Trane's representative, and Customer shall either(a)accept the Work in its entirety in writing, or(b)accept the Work in part and specifically identify, in writing,any exception items. Customer agrees to re-inspect any and all excepted items as soon as Halvorson Trane informs Customer that all such excepted items have been completed.The initial acceptance inspection shall take place within ten(10)days from the date when Halvorson Trane informs Customer that the Work has been completed.Any subsequent re-inspection of excepted items shall take place within five(5)days from the date when Halvorson Trane informs Customer that the excepted items have been completed. Customer's failure to cooperate and complete any of said inspections within the required time limits shall constitute complete acceptance This Document Constitutes The Confidential and Proprietary Property Of Halvorson Trane. Turnkey Agmt 1 E' Turnkey Agreement of the Work as of ten(10)days from date when Halvorson Trane informs Customer that the Work,or the excepted items, if applicable, has/have been completed. Section 1.06. Delays. If Halvorson Trane is delayed in the commencement or completion of any part of the Services due to events beyond Halvorson Trane's control (including, but not limited to,fire,flood,labor disputes, unusual delays in deliveries, unavoidable casualties,abnormal adverse weather,and acts of God),or due to Customer's action(s)or failure to perform its obligations under this Agreement or to cooperate with Halvorson Trane in the timely performance of the Services,then Halvorson Trane will notify Customer in writing of the existence, extent of,and reason(s)for such delay(s). Halvorson Trane and Customer shall extend the contract time and/or increase the Contract Price by Change Order for such reasonable time and/or amount as they shall agree. Section 1.07. Equipment Location and Access. Customer shall provide,without charge,a mutually satisfactory location or locations for the installation and operation of the equipment and the performance of the installation work, including sufficient areas for staging,mobilization,and storage. Customer shall provide access to the Premises for Halvorson Trane and its contractors or subcontractors during regular business hours,or such other hours as may be requested by Halvorson Trane and acceptable to Customer,to install,adjust,inspect,and correct the installation work. Halvorson Trane's access to correct any emergency condition shall not be restricted by Customer. Section 1.08. Permits and Governmental Fees. Halvorson Trane shall secure(with Customer's assistance)and pay for building and other permits and governmental fees, licenses,and inspections necessary for proper performance and completion of the installation work and which are legally required when bids from Halvorson Trane's subcontractors are received, negotiations thereon concluded, or the effective date of a relevant Change Order,whichever is later.Customer is responsible for necessary approvals, easements, assessments and charges for construction, use or occupancy of permanent structures or for permanent changes to existing facilities. Section 1.09. Utilities During Construction. At no cost to Halvorson Trane,Customer shall provide and pay for water, heat,and utilities consumed by Halvorson Trane during performance of the Services hereunder. Halvorson Trane shall install and pay the cost of any temporary facilities not already in existence,which will be required during construction for accessing such water,heat,and utilities. Section 1.10. Concealed Or Unknown Conditions. In the performance of the installation work,if Halvorson Trane encounters conditions at the Premises that are(i)subsurface or otherwise concealed physical conditions that differ materially from those indicated on the drawings or(ii)unknown physical conditions of an unusual nature that differ materially from those conditions ordinarily found to exist and generally recognized as inherent in construction activities of the type and character as the installation work, Halvorson Trane shall notify Customer of such conditions as promptly as practicable, prior to significantly disturbing the same. If such conditions differ materially and cause an increase in Halvorson Trane's cost of, or time required for, performance of any part of the Services, Halvorson Trane shall be entitled to,and Customer shall consent by Change Order to,an equitable adjustment in the Contract Price, Contract Time,or both. Section 1.11. Damage to Equipment; Casualty or Condemnation of Premises. (a)If any fire, flood,other casualty, or condemnation renders a majority of the Premises incapable of being occupied and the affected portion is not reconstructed or restored within ninety(90)days from the date of such casualty or condemnation, Halvorson Trane may terminate this Agreement by delivery of a written notice to Customer, whereupon both parties shall have no further liability to each other,subject to Customer's obligation to pay to Halvorson Trane for all parts of the Services,equipment and material furnished to the date of termination, including any specially manufactured or non-stock items,whether in production or delivered. (b) If any significant item of equipment is irreparably damaged by Customer, its employees,agents or invitees,or is destroyed or stolen,and if Customer fails to repair or replace said item within a reasonable period of time, Halvorson Trane may terminate this Agreement by delivery of a written notice to Customer,whereupon both parties shall have no further liability to each other,subject to Customer's obligation to pay to Halvorson Trane for all parts of the Services,equipment and material furnished to the date of termination, including any specially manufactured or non-stock items,whether in production or delivered. Any such termination shall not be considered any Event of Default on the part of either party. Section 1.12. Changes to the Services. (a) Customer,by written Change Order, may request that Halvorson Trane perform work in addition to the Services. Halvorson Trane shall be obligated to perform such additional work only pursuant to a Change Order agreed to and executed by Customer and Halvorson Trane. The This Document Constitutes The Confidential and Proprietary Property Of Halvorson Trane. Turnkey Agmt 2 - TRANFTurnkey Agreement '" -- Change Order shall reflect the parties'agreement with respect to the scope of the additional work,the amount of any adjustment in the Contract Price, and the extent of any adjustment in the contract time. (b) If a Change Order provides for an adjustment to the Contract Price, such adjustment shall be based on one of the following methods: (1) a lump sum agreed to by Customer and Halvorson Trane; (2) unit prices set forth in this Agreement or subsequently agreed to;or (3) cost of the work ordered plus a fee agreed to by the parties. (c) The following types of costs,which listing is not all-inclusive,shall be included in the determination of the cost of the additional work: (1) costs of labor, including social security,old age and unemployment insurance,fringe benefits required by agreement or industry practice or custom, and workers'compensation insurance; (2) costs of materials, supplies and equipment,including transportation thereof,whether the same is incorporated or consumed in the additional work; (3) the costs of renting machinery and equipment,except handtools; (4) premium costs for all bonds and insurance, permit or other governmental approval or inspection fees, and sales,use or comparable taxes relating to the additional work;and (5) additional costs of supervision and field office personnel directly attributable to the additional work. Section 1.13. Adjustment to Contract Time. Halvorson Trane shall be allowed an equitable adjustment in the Contract Time for performance of additional Work that increases the amount of time required to perform the Services. ARTICLE 2 - CUSTOMER'S OBLIGATIONS Section 2.01. Representations and Warranties of Customer. Customer hereby warrants and represents to Halvorson Trane that: (a) Customer is the legal fee owner of the Premises and/or otherwise has all requisite authority to make the improvements to the Premises that will result from Halvorson Trane's performance of the Services; (b) Customer has provided Halvorson Trane with all records heretofore requested by Halvorson Trane and the information set forth therein is,and all information in other records to be subsequently provided pursuant to this Agreement will be,true and accurate in all material respects except as may be disclosed to Halvorson Trane by Customer in writing; (c) Customer has disclosed in writing to Halvorson Trane the existence and location of all known or suspected asbestos and other hazardous materials on the Premises;and (d) Customer has no knowledge of any facts or circumstances that, but for the passage of time,would materially, adversely affect either party's ability to perform its respective obligations hereunder and, if Customer is a governmental entity or instrumentality thereof, Customer has complied with all laws and regulations relative to bidding or procurement. Section 2.02. Customer Default. Each of the following events or conditions shall constitute a default by Customer and shall give Halvorson Trane the right to,without an election of remedies: (a)proceed pursuant to Section 7.01;and/or(b)terminate this Agreement by delivery of written notice declaring termination, upon which event Customer shall be liable to Halvorson Trane for all Services furnished to date, including any specially manufactured or non-stock items,whether in production or delivered,and any damages sustained by Halvorson Trane, including anticipatory profits: This Document Constitutes The Confidential and Proprietary Property Of Halvorson Trane. Turnkey Agmt 3 MANE' Turnkey Agreement (1) Any failure by Customer to pay or cause to be paid amounts due Halvorson Trane more than thirty(90) days after the date of the invoice therefor; (2) Any representation or warranty furnished by Customer in this Agreement is false or misleading in any material respect when made; (3) Any default by Customer under any instrument or agreement related to the financing of all or any part of the Services or equipment hereunder, (4) Any failure by Customer to perform or comply with any material term or condition of this Agreement, including breach of any covenant contained herein, provided that such failure continues for ten(10)days after written notice to Customer demanding that such failure be cured or,if cure cannot be effected in such ten(10)days, Customer fails to promptly begin to cure and diligently proceed to completion thereof;or (5) The commencement of any voluntary or involuntary proceedings in bankruptcy or receivership by or against Customer,Customer shall become insolvent, make a general assignment for the benefit of creditors,or Customer shall fail to pay its debts as and when they become due. ARTICLE 3 - INSURANCE Section 3.01. Halvorson Trane's Liability Insurance. Halvorson Trane shall purchase from and maintain, without interruption from the commencement of the Services until the date of final payment,a Commercial General Liability policy,Worker's Compensation and Employer's Liability policy and Commercial Automobile Liability policy,through a company or companies rated A VI II or better by A.M.Best Company. Section 3.02. Customer's Liability and Property Insurance. (a)Customer shall be responsible for purchasing and maintaining Commercial General Liability Insurance of the type and amount Customer deems necessary and appropriate. (b) Customer shall purchase and maintain until Final Payment property insurance for the installation work in progress at least in an amount equal to the Contract Price, as the same may be adjusted from time to time,for the installation work (including the equipment) on a replacement cost basis with a deductible of no more than $5,000 from an insurer reasonably acceptable to Halvorson Trane. Such property insurance shall include the interests of Customer, Halvorson Trane, and its subcontractors (at whatever tier) as additional insureds as their interests may appear. The property insurance purchased by Customer shall be on an all-risk policy form. The property insurance shall cover portions of the installation work stored off site after written approval of Customer at the value established in the approval. Customer, for itself and its insurance carriers, hereby waives all rights of subrogation against Halvorson Trane and any of its subcontractors, agents, employees, and officers with respect to property insurance and any other insurance coverages maintained by Customer. (c) A loss insured under Customer's property insurance shall be adjusted by Customer's Insurer as a fiduciary and made payable to Customer as a fiduciary for the insureds,as their respective interests may appear, subject to requirements of any applicable mortgagee clause. Halvorson Trane shall pay its subcontractors their just shares of insurance proceeds received by Customer and remitted to Halvorson Trane, and, by appropriate agreements,written where legally required for validity,shall require said subcontractors to make payments to their subcontractors in a similar manner. In its fiduciary role,Customer shall have the power to negotiate and settle a loss with insurers; provided, however,that at least ten(10)days prior to agreeing to the proposed settlement, Customer shall advise the parties in interest in writing of the terms of the same and the parties in interest shall have seven(7) days thereafter to object in writing to the proposed adjustment or settlement; if such objection is made,Customer shall not enter into or agree to the proposed adjustment or settlement and the parties shall proceed pursuant to Section 7.01. Section 3.03. Customer's Loss of Use/Business Interruption Insurance. Customer may purchase and maintain insurance to protect against loss of use of Customer's property or business interruption due to fire or other commonly insured hazards, however such fire or hazards may be caused. Customer acknowledges that Halvorson Trane is not required to purchase or maintain such insurance against the loss of use of Customer's property or business interruption.CUSTOMER HEREBY WAIVES ALL CLAIMS AND CAUSES OF ACTION IT MAY HAVE AGAINST HALVORSON TRANE AND ANY OF ITS SUBCONTRACTORS,AGENTS, EMPLOYEES,AND OFFICERS FOR LOSS OF USE OF CUSTOMER'S PROPERTY OR BUSINESS INTERRUPTION,WHETHER INSURED OR NOT, INCLUDING CONSEQUENTIAL, INCIDENTAL,SPECIAL, OR OTHER DAMAGES DUE TO SUCH HAZARDS, REGARDLESS OF CAUSE. This Document Constitutes The Confidential and Proprietary Property Of Halvorson Trane. Turnkey Agmt 4 TRAM' Turnkey Agreement Section 3.04. Evidence of Insurance. Certificates of insurance acceptable to the Customer and to Halvorson Trane shall be provided by each party to the other prior to commencement of performance of any Services. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty(30)days prior written notice has been given to the other party. If any of the insurance coverages are required to remain in force after final payment and are reasonably available,an additional certificate evidencing continuation of such coverage shall be submitted with the final application for payment. Customer's certificate shall clearly name"Halvorson Trane U.S. Inc."as an additional insured with an endorsement containing no restrictions or limitations on the policy that do not also apply to the named insured. Neither the procurement nor maintenance of any type of insurance by Customer shall in any way be construed or deemed to limit,waive,or release Customer from any of the obligations and risks of Customer under this Agreement, or to be a limitation on the nature and extent of such obligations and risks. ARTICLE 4- HAZARDOUS MATERIALS Section 4.01. Asbestos and Hazardous Materials. (a) Halvorson Trane's Services and other work in connection with this Agreement expressly exclude any work connected or associated with Hazardous Materials. Hazardous Material means any pollutant, contaminant,toxic or hazardous waste,dangerous substance, potentially dangerous substance, noxious substance,toxic substance,flammable, explosive, radioactive material, urea formaldehyde,foam insulation,asbestos,asbestos-containing materials("ACM's"), polychlorinated biphenyl("PCB"), or any other substances,the removal of which is required, or the manufacture, preparation, production,generation, use, maintenance,treatment,storage,transfer, handling,or ownership of which is restricted, prohibited, regulated, or penalized by any and all federal, state,county,or municipal statutes or laws now or at any time hereafter in effect, including but not limited to,the Comprehensive Environmental Response, Compensation, and Liability Act(42 U.S.C. §§9601 et seq.),the Hazardous Materials Transportation Act(49 U.S.C.§§ 1801 et seq.),the Resource Conservation and Recovery Act(42 U.S.C. §§6901 et seq.),the Federal Water Pollution Control Act(33 U.S.C. §§ 1251 et seq.), the Clean Air Act(42 U.S.C. §§7401 et seq.),the Toxic Substances Control Act, as amended(15 U.S.C. §§2601 et seq.), and the Occupational Safety and Health Act(29 U.S.C.§§651 et seq.),as the laws have been and may be amended and supplemented. (b) Halvorson Trane shall not be required to perform any identification,abatement,cleanup,control, or removal of Hazardous Materials. Customer warrants and represents that,except as expressly,and by reference to this Section, set forth in Exhibit B(Scope of Services)or Exhibit C(Description of Premises),there are no Hazardous Materials on the Premises that will in any way affect Halvorson Trane's Services and Customer has disclosed to Halvorson Trane the existence and location of any Hazardous Materials in all areas within which Halvorson Trane will be performing any part of the Services. The existence or location of any Hazardous Materials that have been so disclosed by Customer to Halvorson Trane shall be the responsibility of Customer. (c) Should Halvorson Trane become aware of or suspect the presence of Hazardous Materials, Halvorson Trane shall have the right to immediately stop work in the affected area and shall notify Customer. Customer will be responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Halvorson Trane shall be required to resume performance of the Services in the affected area only in the absence of Hazardous Materials or when the affected area has been rendered harmless; if the area has not been or cannot be rendered harmless within thirty(30)days of discovery of the Hazardous Material, Halvorson Trane may terminate this Agreement and Customer shall be liable to Halvorson Trane for the Services completed to date of termination and anticipatory profits. Customer shall compensate Halvorson Trane for any additional costs incurred by Halvorson Trane as a result of work stoppage, including demobilization and remobilization. Under no circumstances shall Halvorson Trane be obligated to transport or handle Hazardous Material,to provide any notices to any governmental authority or agency,or to inspect or examine the Premises for the presence of Hazardous Materials. In addition to any other indemnity obligation of Customer to Halvorson Trane, Customer will indemnify, defend,and hold harmless Halvorson Trane, its officers,directors, beneficiaries,shareholders,partners, agents,and employees(collectively referred to as"Halvorson Trane"for purposes of this Article 4)from all fines, suits, procedures,claims and actions of every kind,and all costs associated therewith(including attorneys'and consultants'fees)arising out of or in any way connected with any deposit,spill, discharge,or other release or disposal of Hazardous Materials that occurs while Halvorson Trane is performing in connection with this Agreement or the Maintenance Agreement,or from Customer's failure to provide all information, make all submissions,and take all steps required by all federal,state,county, or municipal statutes or laws now or at any time hereafter in effect. ARTICLE 5 - INDEMNIFICATION AND LIMITATION OF LIABILITY Section 5.01. Indemnification. To the maximum extent permitted by law, Halvorson Trane and Customer shall indemnify and hold each other harmless from any and all actions, costs, expenses, damages and liabilities, including reasonable attorneys'fees, resulting from death or bodily injury or damage to tangible physical property of This Document Constitutes The Confidential and Proprietary Property Of Halvorson Trane. Turnkey Agmt 5 THANE' Turnkey Agreement the other, to the extent arising out of or resulting from the negligence of their respective employees or other authorized agents in connection with the Premises. However, neither party shall indemnify the other against actions, costs, expenses, damages and liabilities to the extent attributable to the acts or omissions of the other party. If the parties are both at fault hereunder, then any obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement,with respect to any claims based on facts or conditions which occurred prior to expiration or termination. Section 5.02. Limitation of Liability. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS) OR PUNITIVE DAMAGES. IN NO EVENT SHALL HALVORSON TRANE BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. ARTICLE 6 -WARRANTY Section 6.01. Workmanship and Equipment Warranty. Halvorson Trane warrants that,for a period of one year from the date of Substantial Completion (the"Warranty Period"), new components of the Halvorson Trane control system installed hereunder and the installation work(i)shall be free from defects in material, manufacture, and workmanship and(ii)shall have the capacities and ratings set forth in Trane's catalogs and bulletins. Halvorson Trane obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Warranty period. For Trane-manufactured equipment not installed by Halvorson Trane the Warranty Period is the lesser of 12 months from initial start-up or 18 months from the date of shipment. Equipment and/or parts that are not manufactured by Halvorson Trane are not warranted by Halvorson Trane and have such warranties as may be extended by the respective manufacturer. If such defect in Halvorson Trane-manufactured equipment or the installation work is discovered within the Warranty Period, Halvorson Trane will correct the defect or furnish replacement equipment(or, at its option, parts therefor)and, if said Halvorson Trane-manufactured equipment was installed pursuant hereto, labor associated with the replacement of parts or equipment not conforming to this warranty. No liability whatsoever shall attach to Halvorson Trane until said equipment and Services have been paid for in full and then said liability shall be limited to Halvorson Trane's cost to correct the defective equipment or work and/or the purchase price of the equipment shown to be defective. Halvorson Trane's warranties expressly exclude any remedy for damage or defect caused by corrosion, erosion, or deterioration, abuse, modifications or repairs not performed by Halvorson Trane, improper operation, or normal wear and tear under normal usage. Halvorson Trane shall not be obligated to pay for the cost of lost refrigerant. THE WARRANTY AND LIABILITY SET FORTH IN THIS SECTION ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HALVORSON TRANE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST PROFITS), OR PUNITIVE DAMAGES. NO REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS OF PURPOSE IS MADE REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF, OF MOLD, FUNGUS, BACTERIA OR ANY OTHER CONTAMINATES. HALVORSON TRANE SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. ARTICLE 7 - GENERAL PROVISIONS Section 7.01. Notices and Changes of Address. All notices to be given by either party to the other shall be in writing and must be either delivered or mailed by registered or certified mail, return receipt requested, addressed as follows: If to Halvorson Trane: Halvorson Trane If to Customer: City of Waterloo, Iowa 2220 NW 108`h Street 715 Mulberry Street Clive, IA 50325 Waterloo, IA 50703 Attention: Doug Stephens Attention:Jeff Siebel or such other addresses as either party may hereinafter designate by notice to the other. Notices are deemed delivered or given and become effective upon mailing if mailed as aforesaid and upon actual receipt if otherwise delivered.All notices or other communications under this Agreement shall be in writing and may be delivered in person, or may be sent by receipted courier,facsimile transmission,express mail,e-mail, or postage prepaid certified or This Document Constitutes The Confidential and Proprietary Property Of Halvorson Trane. Turnkey Agmt 6 T Turnkey Agreement registered mail,addressed to the party for whom it is intended,at the addresses set forth in this Agreement. Either party may change its address for notice by giving written notice to the other party of the change.Any notice or other communication shall be deemed given no later than the date actually received. Notice by courier,express mail,certified mail,or registered mail shall be deemed given on the date it is officially recorded as delivered by return receipt or equivalent and,in the absence of such record of delivery,it shall be rebuttably presumed to have been delivered on the third business day after it was deposited,first-class postage prepaid,in the mails. Notices sent by fax or e-mail shall require tangible confirmation of receipt from the person to whom addressed. Section 7.02. Assignment. Customer may not assign,transfer,or convey this Agreement,or any part hereof, or its right, title or interest herein,without the written consent of Halvorson Trane.Subject to the foregoing,this Agreement shall be binding upon and inure to the benefit of Customer's successors and assigns. Section 7.03. Applicable Law and Jurisdiction.This Agreement is made and shall be interpreted and enforced in accordance with the laws of the state in which the Services are to be performed.Customer hereby submits to the personal jurisdiction of the courts of the state and of the United States District Court in such state in which the Services are to be performed and to being sued in such jurisdiction. Section 7.04. Term of Agreement. The term("Term")of this Agreement shall commence as of the date first written above and shall end upon final completion of the Services, provided, however,that the warranty obligation set forth in Article 6 shall survive expiration of the Term. Section 7.05. Complete Agreement. This Agreement and the Exhibits attached hereto,together with any documents expressly incorporated herein by reference, shall constitute the entire Agreement between both parties regarding the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. Section 7.06. Further Documents. The parties shall timely execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate the provisions of this Agreement. Section 7.07. Exhibits. The following Exhibits are attached hereto and incorporated herein by this reference: Exhibit A: Scope of Services Exhibit B: Description of Premises Section 7.08. Force Majeure. Halvorson Trane shall not be considered to be in default hereunder when a failure of performance is due to an Event of Force Majeure. An"Event of Force Majeure"shall mean any cause beyond the control of Halvorson Trane.Without limiting the foregoing, "Event of Force Majeure"includes: acts of God;acts of the public enemy;flood, earthquake,tornado, storm,fire;civil disobedience, labor disputes, labor or material shortages, or sabotage; restraint by court order or public authority(whether valid or invalid), and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by the fault of Halvorson Trane. If Halvorson Trane is rendered unable to fulfill any of its obligations under this Agreement by reason of an Event of Force Majeure, it shall give prompt written notice of such fact to Customer and Halvorson Trane's obligations shall be suspended until removal of the Event of Force Majeure. Section 7.09. Signatures in Counterpart. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A facsimile copy hereof shall suffice as an original. Section 7.10. Severability. If any term or conditions of this Agreement is invalid, illegal or incapable of being enforced by any rule of law,all other terms and conditions of this Agreement will nevertheless remain in full force and effect so long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Upon any such determination of invalidity, illegality or unenforceability,the parties hereto shall negotiate in good faith to modify this Agreement so as to affect the original intent of the parties as closely as possible in an acceptable manner,to the end that the transactions contemplated by this Agreement are consummated to the extent possible. Section 7.11. Bonds. In no event shall the Performance and Payment bonds cover any energy savings guarantees. Additionally,the bonds shall not cover any warranties beyond one year from completion of the installation. This Document Constitutes The Confidential and Proprietary Property Of Halvorson Trane. Turnkey Agmt 7 g- Turnkey Agreement IN WITNESS WHEREOF,the duly authorized representatives of the parties have each executed this Agreement, effective as of the date first above written. Halvorson Trane (Customer) By: (Signature) By: i)n a o\ �n p h c' (Signature) (Printed Plame) (Printed Name) Title: SalesPP- k Title: Date: �R /r,= IL 2_O Date: This Document Constitutes The Confidential and Proprietary Property Of Halvorson Trane. Turnkey Agmt 8 TRAM' Turnkey Agreement EXHIBIT A Scope of Services Halvorson 2220 NW 108'n St., Clive, IA 50325 Tram Phone: 515-270-0004 Fax:515-270-3835 ------- AND------ Building CcmfortSolutrorrs 1129 Wenig Road NE, Cedar Rapids, IA 52402 Phone:319-398-5787 Fax:319-866-6120 PROPOSAL DATE: January 18, 2011 CUSTOMER: City of Waterloo RE: Smart Controls for City Buildings Halvorson Trane is pleased to provide the enclosed proposal for your review and approval. Library VAV box DDC Retrofit Add Alternate Item Qty Description A3 40 DIRECT DIGITAL CONTROL SYSTEM—Library VAV box DDC Retrofit Library Add Alternate • DDC Retrofit for(40)existing pneumatic VAV boxes at Waterloo Public Library • Direct Digital Controller w/electronic actuator(Retrofit) • Zone sensor with setpoint adjustment dial and on/cancel button • 24 VAC transformers as required • Communication wiring • Building automation system installation,termination&wiring including communication wiring, low voltage wiring,conduit, hangers,supports, and mounting hardware. • System Programming and System Graphics • Checkout, Commissioning and Temperature Control System Start-Up Library VAV box DDC Retrofit for(40)VAV boxes Temperature Controls Pricing (Sales Tax Exempt) —A3 $ 54,200.00 Additional Notes: 1. This bid acknowledges the plans&specification memorandum sent October 19th, 2010, Addenda#1, #2, and#3, as well as the walkthrough performed during the pre-bid meeting on October 29th, 2010. 2. Work will be performed during regular business hours (7:30 AM—4:30 PM) 3. Overtime may be required to meet project schedule, but will not increase the project price. 4. Fire Dampers or control of fire dampers is not included. 5. External Internet connection to City network provided by owner. 6. Controls other than those listed in this proposal are not included. 7. Owner Training will be provided as specified. 8. Davis-Bacon Act and DOL wage requirements are included. 9. All new materials and labor will be covered by a 12-month warranty, starting from the date of final acceptance of work. See"Workmanship and Equipment Warranty"section of the Contract Terms and Conditions below. This Document Constitutes The Confidential and Proprietary Property Of Halvorson Trane. Turnkey Agmt 9 CITY OF WATERLOO Council Communication City Council Meeting:January 24, 2011 Prepared: ianuary 19, 2011 Dept. Head Signature: Eric Thorson, PE, City Engineer # of Attachments: SUBJECT: CHANGE ORDER NO. 7 -$29,500.00 INCREASE F.Y.2010 R1VER RENAISSANCE LOWER PLAZA Contract No. 763 PETERSON CONTRACTORS, INC. Submitted by: Jamie Knutson, P.E.,Associate Engineer Recommended City Council Action: Staff has reviewed this Change Order and recommends that the Mayor be authorized to sign it on behalf of the City. Summary Statement Change Order No. 7 is for the increased amount of$29,500.00. This change order is for additional standpipe connections. Expenditure Required Source of Funds Solid Waste Distributions Policy Issue N/A Alternative N/A Background Information The Waterloo Fire Department requested the additional standpipe hydrant connections after completion of design and bidding for the project. The proposed connection will include two connections at the lower level of the large retaining wall with pipe connections to the upper level where two, 2-way brass fire outlets will be constructed in the planter beds. The City looked at several different options to provide these connections and this is the best solution at the lowest cost. Cc: Michelle Weidner, CFO Pauline Closson, Engineering CITY OF WATERLOO Council Communication City Council Meeting:January 24, 2011 Prepared:January 18, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: CHANGE ORDER NO. 1 -$89,716.95 DECREASE F.Y. 2011 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 10 B 67_B BUILDERS AND SUPPLY CONTRACT 781 Submitted by: Wayne Castle, PLS, EI, Associate Engineer Recommended City Council Action: Staff has reviewed this Change Order and recommends that the Mayor be authorized to sign it on behalf of the City. Please execute all three (3) copies and return two (2) to our office for further processing. Summary Statement Transmitted herewith is Change Order No. 1 in the amount of($89,716.95). This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a increase to the total project cost. Expenditure Required Source of Funds Policy Issue N/A Alternative None Background Information: Cc: Louis Starks, Contract and Grants Coordinator Pauline Closson, Engineering Department CITY OF WATERLOO Council Communication City Council Meeting:January 24, 2011 Prepared: ianuary 18, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJEC 1: F.Y. 2011 SIDEWALK REPAIR ASSESSMENT PROGRAM- ZONE 10 Contract No. 781 Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: It is recommended that this project be accepted. Summary Statement I report that B &B BUILDERS AND SUPPLY, of Waterloo, Iowa, has completed the F.Y. 2011 SIDEWALK REPAIR PROGRAM ASSESSMENT PROGRAM- ZONE 10, CONTRACT NO. 781 in accordance with the plans and specifications. The total cost of the contract was $94,762.00. Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees the maintenance of this improvement for a period of two (2)years. Expenditure Required Source of Funds Policy Issue N/A Alternative None Background Information: Cc: B &B Builders and Supply Louis Starks, Contract and Grants Coordinator Pauline Closson, Engineering Department STATE OF IOWA, ____ — Black Hawk CountyNOTICE OF FILING OF THE FfNAL PLAT AND SCHEDULE OP ASSESS- MEN75 D SCHE BENEFITED SESS- OENTS A A ERLOO OWARF PROP' I do solemnly swear that the annexed copy of B,DEwALK REPAIR AssessMENT 1340155 E PROGRAM-ZONE I0,CONTRACT NOTICE OF FILING he THE FINAL PLAT NOTa1 TO THE PERSONS OWNING LAND LOCATED WITHIN 7HE DISTRICT DE- notice was published in the WATERLOO/CEDAR FALLS COURIER - , SCRIBED AS THE WATERLOO,IOWA F Y 2011 SIDEWALKREPAIRAS- a daily newspaper,printed in WATERLOO, SESSMENT PROGRAM-ZONE rtD. CONTRACT NO 781,WITHIN THE Black Hawk County, Iowa, for 1 issues SESSM NATERLOQIOWAt consisting of the proper W which are commencing On 01/27/2011, in the issues Of desa;badasfallowa: Ali properties,any part of which is E 111- O 1/2 7/2 0 newspaper, gd within me areas located along the of said ings is red that the annexed rate Of streetsandeareasiocaledalongten- f area oesu+bed so as to fncWde ale pd• advertising is the regular legal rate of said orally owned and assessable a apedY g g g abutting the sidewalks repaired,as more newspaper, and that the following is a correct particularly shown srehk'ssses ssant g piston fileintheCgy a bill for ublishin said notice . tart°°,'awe°FY.2osi na+OR�°ir, P g Assessment prow tract No.781). Ietad an the • The erloo, of the coed•comp Printer' s 8111 y�`$1 . 76 Waterloo,Ass Iowa, smentY.2011 ogram-Sidewalk Re- pairAssessment Program-ZONE 14, Contract WATERLOOfIOWA, F Y,2011 SIDEWALK REPAIR ' ASSESSCONTRACT NO.781GRAM- 10, C1E ASSES Construction of municipal sidewat eel- .2 ir � � necessary 444 pSS SS,roga0iercT ed work^The retest ocatonstare set out Signed / 1 mecay. I indetail in the final ease C�rknand Bald ut ' floin Meotfice ofthe CITY plat by this reference rs made i Part hereof. Subscribed and sworn to before me this It, et of ne eby natfietl,haune gnatplat and scheedure efr see wt[hnin the D strict ,) benefited p aP 2011 described ae th9 Waterloo,Iowa,F.Y- day O f ( 2011 Sidewalk Repa Assessment Pro' .. gram-Zone tO,Contract No.781,for the -- construction of sidewalTeaPynTev: ments, wr < ______ ��� � „tj,, have been adoPed aby the ." Goundt ai Waterloo=Iotl that said ° COftRfuliS$1 I thi PiRE76plat and scnedute of assments have �l��\./\Y////� qia I f hi XttiRES been certified to the County Treasurer of /\ �%, \' r"efl Hawk County Iowa. Assess- AK1/w °w" manta are payable according to tfie tot- lowingschedule: One(1)Year Notary Public s °0oto$t00°0 $ 10Ott to 500 DO0 TF-ye(5)years $250.01 to$500.D0 $700.01 tnd7aver00 STen tlO)Years with thread on the.unpaid balande,ali Received Of as provided in Section 384.85,City Code of Iowa. Condonabledeficiencylevied ainsethe manta.if any, y fiu the same period the sum of Dollars appeasasthelicable aseasmenseemade Y in full for publication of the above invoice . Yoyuaefurthernotiffedthatassess- mensmaYbepaidIne orin part lerK of interestet theofficeofthe Cdy Cork' at any time within thirty or f this note: date of the first thefi hceb°n o Notary Seal ' of tae filing ofthe finalt the Court? • of assessments with the County Treasurer. Unless said assessments are paid in full within said thirty day peri- od,all unpaid assessments will draw annual interest computed at nine per- cent(commeocing on the date of accep tance of the work)computed to the De- cember 1st nett following the tlue dates of the respective installments, Each in- sfaament will be delinquent on October each a r�PropetY owners may eoc to each y '� pay any annual insialimehtaemiannualh in advance_ All properties located wdhin the bound- aries of the Waterloo,Iowa,F.Y.2011 Sidewalk Contract Nos781[above de- Zone 10, of them hale bof said feom tnts the ofthemakingofsaid each ass • amount ment amount offany conditional deficiency[as- sessment having been set out in the schedule of assessment!whica sd plat ac- re haw o companytng pre same. Treasurer file in the office of the County fnformat on you a e referred to saodp at and schedule ovsnsby d eecfion of the This Notice g Iowa,as Councu ofihe City of W ateroo, presented by Cade Section 384.60 of the City Code of Iowa. Sexy Schares , • City clerk Wateroo,lewd RESOLUTION NO. 2011-58 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY B & B BUILDERS AND SUPPLY OF WATERLOO, IOWA, IN CONJUNCTION WITH THE F.Y. 2011 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 10, CONTRACT NO. 781, AND ACCEPTING THE WORK. WHEREAS, B & B Builders and Supply of Waterloo, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $94, 762 . 00 in conjunction with the F.Y. 2011 Sidewalk Repair Assessment Program - Zone 10, Contract No. 781, in the City of Waterloo, Iowa. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Completion and Recommendation of Acceptance be and the same hereby approved. PASSED AND ADOPTED this 24th day of January, 2011 . L.4571 Ernest G. Clark, ayor ATTEST: s Suzy S a es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: January 24, 2011 Prepared:January 19, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer #of Attachments: SUBJECT: F.Y. 2011 Sidewalk Repair Assessment Program - Zone 10, Contract No. 781 Submitted by: Wayne Castle, PLS, EI,Associate Engineer Recommended City Council Action: Documents be received and placed on file and that a resolution be adopted levying these assessments. Summary Statement Transmitted herewith are the final schedule of assessments, abandonment schedule, final plats and breakdown of project costs for the F.Y. 2011 Sidewalk Repair Assessment Program - Zone 10, Contract No. 781, which is bounded by: Broadway Street - Conger Street - Newell Street - E. 4th Street - Cedar River - Park Road - Broadway Street. Expenditure Required Source of Funds Policy Issue Alternative Background Information: RESOLUTION NO. 2011-59 RESOLUTION ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS, AND PROVIDING FOR THE PAYMENT THEREOF. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the Waterloo, Iowa, F.Y. 2011 Sidewalk Repair Assessment Program - Zone 10, Contract No. 781, within the City, under contract with B & B Builders and Supply of Waterloo, Iowa, final plat and schedule was filed in the office of the City Clerk on the 24th day of January, 2011, said assessments are hereby corrected by making the following changes and reductions : Name of Proposed Proposed Corrected Corrected Property Final Final Final Final Owner and Assessment Conditional Assessment Conditional Description Deficiency Deficiency of Property If Any NONE BE IT FURTHER RESOLVED that the said schedule of assessments and accompanying plat, be and the same are hereby approved and adopted; and that there be, and is hereby assessed and levied, as a special tax against and upon each of the lots, parts of lots and parcels of land, and the owner or owners thereof liable to assessment for the cost of said improvements, the respective sums expressed in figures set opposite to each of the same on account of the cost of the construction of the said improvements . Provided further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and are levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384 . 63 , Code of Iowa. Said assessments against said lots and parcels of land are hereby declared to be in proportion to the special benefits conferred upon said property by said improvements, and not in excess thereof, and not in excess of 25t of the value of the same. BE IT FURTHER RESOLVED that said assessment of $100 . 00 or more shall be payable according to the following schedule : $ 0 . 00 to $100 . 00 One (1) year $100 . 01 to $250 . 00 Three (3) years $250 . 01 to $500 . 00 Five (5) years $500 . 01 to $700 . 00 Seven (7) years $700 . 01 and over Ten (10) years and shall bear interest at the rate of nine percent per annum, the maximum rate permitted by law, from the date of the acceptance of the improvements; the first installment of each assessment, or total amount thereof, if it be less than $1000 . 00, with interest on the whole assessment from date of acceptance of the work by the Council, shall become due and payable on July 1, 2011, succeeding annual installments, with interest on the whole unpaid amount, shall respectively become due on July 1st annually thereafter, and shall be paid at the same time and in the same manner as the September semi-annual payment of ordinary taxes . Said assessments shall be payable at the office of the City Clerk in full or in part and without interest within thirty days after Resolution No. 2011-59 Page 2 the date of the first publication of the notice of the filing of the final plat and schedule of assessments to the County Treasurer of Black Hawk County, Iowa. BE IT FURTHER RESOLVED that the Clerk be and she is hereby directed to certify said final plat and schedule to the County Treasurer of Black Hawk County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the Waterloo Courier, a newspaper printed wholly in the English language, published in Waterloo, Iowa, and of general circulation in Waterloo, Iowa, the first publication of said notice to be made within fifteen days from the date of the filing of said schedule with the County Treasurer, the Clerk shall also send by ordinary mail to all property owners whose property is subject to assessment a copy of said notice, said mailing to be on or before the date of the second publication of the notice all as provided and directed by Code Section 384 . 60 , Code of Iowa. BE IT FURTHER RESOLVED that the Clerk is directed to certify the deficiencies for lots especially benefited by the improvements, as shown in the final schedule of assessments, to the County Treasurer for recording in the Special Assessment Deficiencies book and to the city official charged with responsibility for the issuance of building permits . Said deficiencies are conditionally assessed to the respective properties under Code Section 384 . 63 for the amortization period specified by law. The City Clerk is authorized and directed to ascertain the amount of assessments remaining unpaid after the thirty day period against which Improvement Bonds may be issued and to proceed on behalf of the city with the sale of said Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Bonds on a basis favorable to the city and acceptable to the Council . PASSED AND ADOPTED this 24th day of January, 2011 . ,4(4/ ( Ernest G. Clark, Mayor ATTEST: Suzy S hares, CMC City Clerk Resolution No. 2011-59 Page 3 CERTIFICATE STATE OF IOWA ss COUNTY OF BLACK HAWK) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said City with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date hereof duly and lawfully possessed of their respective City Offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the city or the right of individuals named therein as officers to their respective positions . WITNESS my hand and seal of said Municipality hereto affixed this 24th day of January, 2011 . SEAL Suzy chares, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting January 24, 2011 Prepared:January 19, 2011 Dept. Head Signature: Eric Thorson, City Engineer * of Attachments: 0 SUBJECT: F.Y. 2011 CATTLE CONGRESS STORM WATER PUMP STATION CONTRACT NO. 801 AWARD OF CONTRACT Submitted by: Jamie Knutson, P.E.,Associate Engineer Recommended City Council Action: It is recommended that the award of the contract be made to Peterson Contractors, Inc., of Reinbeck, Iowa in the amount of$1,078,215.75. Summary Statement: At the City Council meeting on January 10, 2011, bids were opened for the F.Y. 2011 CATTLE CONGRESS STORM WATER PUMP STATION (Division 1 +Division 2 + Alternate 1 + Alternate 2), Contract No. 801, with PETERSON CONTRACTORS, INC., of Reinbeck, Iowa, as the apparent low bidder. The Contracts and Grants Coordinator has reviewed the items relating to the 2002 Contract Compliance Program requirements and has transmitted his recommendation in the attached letter. Expenditure Required $1,078,215.75 Source of Funds: Division 1 - Storm Sewer Fee Division 2 - Sewer Fund Alternate 1 - Sewer Fund Alternate 2 - Storm Sewer Fee Policy Issue N/A Alternative N/A Background Information: • ,,,,' 11;,� CITY OF WATERLOO , IOWA I►y�� %%i COMMUNITY DEVELOPMENT *- m 620 Mulberry Street,Carnegie Annex • Waterloo, IA 50703 • (319)291-4429 Fax(319)291-4431 dterloo \o - MEMORANDUM Mayor BUCK CLARK TO: Mayor Clark and City Council FROM: Louis Starks, Contracts and Grants Coordinator SUBJECT: F.Y. 2011 Cattle Congress Storm Water Pump Station COUNCIL City Contract No. 801 MEMBERS DATE: January 24, 2011 DAVID This project is federally funded. Consequently, the federal DBE and not the City of JONES Waterloo M/WBE policy is applicable. Both require a"good faith" standard. Because of Ward 1 the funding source, the State of Iowa's Targeted Small Business list of certified contractors can be utilized; this list is broader in scope than the City's MAYBE list of CAROLYN certified contractors. COLE Ward 2 The three bids for this project and their TSB/DBE participation levels are as follows: HAROLD GETTY PRIME CONTRACTOR TOTAL BID TSB/DBE Amounts Ward 3 QUENTINM. PCI $1,078,215.70 $0.00 HART Ward 4 Summers Enterprises $1,090,285.90 $8,900.00 RON WELPER Veith Construction Corp $1,652,2682.20 $21,550.00 Ward 5 BOB PCI desires to self-perform all functions. This is not inherently prohibited under any GREENWOOD "good faith" standard. Good Faith depends upon the facts and circumstances, including At-Large the spread and savings between the apparent lowest responsible bidder and secondary and tertiary bids. There is a nearly$12,070 difference between PCI and Summers Enterprises STEVE STHMITT bid. Summer's TSB/DBE percentage of participation is about.008%. The percentage At-Large of TSB/DBE participation is not even equalto the price gap between PCI's and Summer's bid. There is nothing under the "Good Faith" requirement that prohibits a prime contractor from self-performing all aspects of the contract. Whether this is permissible depends upon the facts and circumstances. In light of the miniscule percentage of TSB/DBE participation and the prime contractor's prerogative to self- perform, the undersigned finds that"Good Faith" has been meet and recommends award to PCI. Cc: Noel Anderson,C P&D Director Rudy D.Jones,Community Development Director Michelle Weidner,Chief Financial Officer J:\LOUIS-S\Compliance review No.801.doc CITY WEBSIFE:www.cityofwaterlooiowa.com EQUAL ROUSING WE'RE WORKING FOR YOU! OPPORTUNITY Art Equal Opportunity/Affirmative Action Employer Contract No. 781 BREAKDOWN OF PROJECT COSTS PROJECT TITLE: ESTIMATE F.Y. 2011 SIDEWALK REPAIR ASSESSMENT PROGRAM —ZONE 10 FINAL CONTRACT NO. 781 ( XXXXxxXx Assessable City Total Cost Cost Non-assessable Construction Cost $ - 0 - $ 2,005.71 Assessable Construction Cost +$ 87,853.29 +$ - 0 - $ $ TOTAL CONSTRUCTION COST $ 87,853.29 $ 2,005.71 $ 89,859.00 Engineering & Incidentals +$ 12,822.04 +$ 292.73 +$ 13,114.77 TOTAL PROJECT COST $ 100,675.33 $ 2,298.44 $ 102,973.77 Assessments to City Property - $ - 0 - +$ - 0 - Gross Project Cost $ 100,675.33 $ 2,298.44 $ 102,973.77 City Participation - $ - 0 - +$ 0 Conditional Deficiency (private) - $ 2,296.28 +$ 2,296.28 Rounding Adjustment $ - 0 - $ - 0 - NET PROJECT COST $ 98,379.05 $ 4,594.72 $ 102,973.77 I Date: I G4 /r % e,/ ;,/,/, / Draftsperson Date: � �`'`/JI City Engineer RESOLUTION NO. 2011-60 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT WITH PETERSON CONTRACTORS, INC. OF REINBECK, IOWA, IN THE AMOUNT OF $1, 078, 215 . 75, IN CONJUNCTION WITH THE F.Y. 2011 CATTLE CONGRESS STORM WATER PUMP STATION, CONTRACT NO. 801. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the contract with Peterson Contractors, Inc. of Reinbeck, Iowa, in the amount of $1, 078, 215 . 75, described in the specifications heretofore adopted by this Council for said project in Resolution No. 2011-14, after public hearing on January 10, 2011 on published notice required by law, be and is hereby awarded, the same being the apparent lowest bid for said project. PASSED AND ADOPTED this 24th day of January, 2011 . E est G. Clark, 06/ or ATTEST: Suzy Sa es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: January 24, 2011 Prepared: Daniel J. Trelka Dept. Head Signature: # of Attachments: 6 SUBJECT: 2010-SS-T00031-09 Grant Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Approval of 2010-SS-T00o31-og LEIN grant and authorization for Mayor Clark and Director Trelka to sign agreement Summary Statement: The agreement provides federal grant assistance to the City of Waterloo from the Iowa Homeland Security and Emergency Management Division, National Infrastructure Protection Plan (NIPP). $86,114.0o will be utilized within the Waterloo Police Department, LEIN Region II Office. The agreement runs October 1, 2010 through June 3o, 2013. Expenditure Required: Source of Funds Policy Issue Alternative Background Information: Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-S5-TO-0031-09 As of October 1, 2010 GRANT AGREEMENT between Iowa Homeland Security and Emergency Management Division (HSEMD) and City of Waterloo Grant Number: 2010-SS-T00031-09 COp CFDA#: 97.067 PROGRAM DESCRIPTION/SCOPE OF WORK This AGREEMENT provides federal grant assistance to the City of Waterloo on behalf of RFO 2 (SUBGRANTEE) from the FFy2010 Homeland Security Grant Program (HSGP). The SUBGRANTEE, acting in and on behalf of Regional Fusion Office (RFO) 2 will receive grant funding from the State Homeland Security Program (SHSP), National Infrastructure Protection Plan, in the amount of$86,114.00, to perform the scope of work for the Investments described in the Initial Strategy Implementation Plan (ISIP) and the budget by investment that has been approved by HSEMD. The SUBGRANTEE agrees that funds utilized under this grant will apply to requirements for implementation of the National Infrastructure Protection Plan (NIPP). This includes steps involved in risk management framework, cooperation and collaboration with Critical Infrastructure and Key Resources partners and establishing clear on response expectations among public and private sector partners outlined in the NIPP. In doing so the SUBGRANTEE supports related national priorities, as well as the target capabilities of critical infrastructure protection, information gathering and recognition of threat indicators and warnings, risk analysis, and intelligence analysis and production, thus enhancing coordinated regional and state efforts to strengthen homeland security. Specific to Law Enforcement Information Network regions funded under the National Infrastructure Protection Program, the recipient (LEIN Region) agrees to complete six (6) assessments and 20 Asset Management Questionnaires (AMQ) and enter the data into Automated Critical Asset Management System (ACAMS) during the performance period. AGREEMENTS HSEMD will provide programmatic financial oversight and management in the role of the GRANTEE based on the grant guidance, the grant financial guide and other State and Federal guidelines. The GRANTEE will provide technical assistance and direction to the SUBGRANTEE on programmatic and financial requirements. The GRANTEE will also provide all appropriate documents and forms and make payments to the SUBGRANTEE to complete the approved scope of work. 1 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-SS-TO-0031-09 As of October 1, 2010 The Grantee is responsible for monitoring SUBGRANTEE activities to provide reasonable assurance that the SUBGRANTEE administers federal awards in compliance with federal and GRANTEE requirements. Responsibilities include the accounting of receipts and expenditures, cash management, the maintaining of adequate financial records, and the refunding of expenditures that are not eligible and/or allowable. Additionally, the SUBGRANTEE will be monitored periodically by the GRANTEE to ensure that the program goals, objectives, timelines, budgets, and other related program criteria are being met. Monitoring will involve the review and analysis of the financial, programmatic, and administrative issues relative to each program, and will identify areas where technical assistance and other support may be needed. In the event funds are further sub-awarded; the SUBGRANTEE assumes the same monitoring responsibilities as the GRANTEE. The SUBGRANTEE and the SUBGRANTEE's AUTHORIZED REPRESENTATIVE will execute this Grant Agreement on behalf of RFO 2, agreeing to provide all supervision, inspection, accounting, and other services necessary to complete the scope of work for the Investments from inception to closeout with the requirements set forth below. I. PERFORMANCE PERIOD The approved performance period for this grant is from October 1, 2010 to June 30, 2013. All work must be completed prior to the performance period ending. The SUBGRANTEE shall not incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities beyond the expiration date of the period of performance. If a time extension is needed it must be requested at least 90 days prior to the performance period end date. All requests must be supported by adequate justification submitted to HSEMD in order to be processed. The justification is a written explanation of the reason or reasons for the delay; an outline of remaining funds available to support the extended performance period; and a description of performance measures necessary to complete the project. Without the justification, extension requests will not be processed. HSEMD will provide the 'Request for Time Extension'form. II. AUTHORITIES AND REFERENCES The SUBGRANTEE will become familiar with and comply with the following Authorities and References in the administration of this grant: A. Administrative Requirements: Code of Federal Regulations (CFR) 2 CFR Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110) 44 CFR Part 7 Nondiscrimination in federally assisted programs 44 CFR Part 13 Uniform administrative requirements for grants and cooperative agreements to State and Local governments 44 CFR Part 14 Administration of grants: Audits of State and Local governments. 2 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-SS-TO-0031-09 As of October 1, 2010 44 CFR Part 17 Government-wide debarment and suspension (non- procurement) and government wide requirements for drug- free workplace (grants) 44 CFR Part 18 New restrictions on lobbying B. Cost Principles: CFR, Office of Management and Budget (OMB) 2 CFR Part 220 Cost Principles for Educational Institutions (OMB Circular A-21) 2 CFR Part 225 Cost Principals for State and Local governments (See also OMB Circular A-122) 2 CFR Part 230 Cost Principles for Non-Profit Organizations (OMB Circular A- 122) OMB A-102 Uniform Administrative Requirements for Grants and Circular Cooperative Agreements with State and Local Governments C. Audit Requirements: 0MR Department Homeland Security (DHS), DHS Office of Grant ..y... pug u������ of Homeland Security Office Grant Operations (OGO) OMB A-133 Audits of States, Local Governments, and Non-Profit Orgs Circular DHS FFY10 Homeland Security Grant Guidance Guidance OGO January 2006 Financial Management Guide. Guidance D. Special Terms and Conditions Award 2010-SS-TO-0031 Other applicable requirements, to include Environmental and Historical Preservation, outlined as Special Conditions under the DHS FEMA GPD award to the State of Iowa Iowa Code Section 8.11 Pursuant to 2008 Iowa Acts, HF 2393, all grant applications submitted to the State of Iowa beginning January 1, 2009 shall include a Minority Impact Statement. This is the state's mechanism to require grant applicants to consider the potential impact of the grant project's proposed programs or policies on minority groups. III. GRANT MANAGEMENT SYSTEM To ensure that federal funds are awarded and expended appropriately, the SUBGRANTEE will establish and maintain a grant management system. The standards for the SUBGRANTEE organizations stem from the Office of Management and Budget's (OMB) uniform administrative requirements and cost principles. State, local and tribal organizations must follow the uniform administrative requirements standards in OMB Circular A-102, and cost principle standards in OMB Circular A-87. Allowable costs are also identified in the OGO Financial Management Guide, and the FFY10 Homeland Security Grant Program Guidance. These standards combined 3 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant, 2010-SS-T0-0031-09 As of October 1, 2010 with the audit standards provided within OMB Circular A-133, plus the requirements of the Federal Cash Management Improvement Act constitute the basis for all policies, processes and procedures set forth in this grant management system for the SUBGRATEE. The GRANTEE will employ an automated, web-based grants management system and will enable SUBGRANTEE application of the same. The SUBGRANTEE's grant management system must include: • Assured upload of budgets, work plans and all other grants-related documents, as prescribed by the GRANTEE. • internal controls based on the American Institute for Certified Public Accountant's (AICPA) definitions and requirements in the government-wide administrative requirements and cost principles • a chart of accounts that includes a separate cost center, fund, or accounting codes for each federal grant or program (i.e. SHSGP; Citizen Corp) • be in compliance with the Cash Management Improvement Act (CMIA), and good business processes • procedures to minimize federal cash on hand • The ability to track expenditures on hand or on a cash basis • the ability to create SUBGRANTEE Budget Detail base on the SUBGRANTEE Budget and approved scope of work • the ability to track expenditures in both financial and program budgets • procedures to document all grant-related expenditures, broken down by Program, Investment and Solution Area, and Project • procedures to ensure expenditures are eligible and allowable • the ability to fulfill government-required financial reporting forms IV. SUBGRANTEE BUDGET DETAIL The SUBGRANTEE is required to develop a SUBGRANTEE Budget that is based on the approved Investment Work Plans and Scope of Work. This process will break down each Investment or Project by program and identify costs within the solution areas. Budget development assistance will be provided by HSEMD to the SUBGRANTEE, with SUBGRANTEE budget approval by HSEMD required prior to obligation or expenditure of grant funds. To ensure funding, the SUBGRANTEE must submit an initial budget and work plan within 90 days of its notification of funding obligation from the GRANTEE. Late submittal may result in de-obligation, reduction or reallocation of funds, with at least 30 days prior to notification by the GRANTEE. V. GRANT AWARD and AMENDMENTS The SUBGRANTEE will perform an agreed upon scope of work, which shall align with the Funding Opportunity and original Investment that funds it. Any changes to the scope of work must be approved by HSEMD in writing prior to executing changes. All budget revisions also require written approval by HSEMD to ensure compliance with federal guidelines. If the SUBGRANTEE anticipates unexpended funds during the performance period, that information 4 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-SS-T0-0031-09 As of October 1, 2010 and the associated amount are immediately reportable to HSEMD as is a request for disposition instructions. VI. PROCUREMENT This AGREEMENT requires that all procurement is executed by the SUBGRANTEE. Procurement standards must be in accordance with the written adopted procedures of the SUBGRANTEE, provided that the local procurement standards conform to applicable State and Federal law and the standards identified in the 44 CFR, Part 13.36, and OGO 2006 Financial Management Guide (Chapter 11 — Procurement). The SUBGRANTEE will ensure that every purchase order or other contract includes any clauses required by Federal statutes and executive orders and their implementing regulations. The SUBGRANTEE must submit copies of bid documents and contract documents to HSEMD prior to awarding or executing contracts. No contract will be honored without HSEMD prior review, and approval. VII AUDIT SUBGRANTEE must comply with the audit requirements of the Single Audit Act Amendments of 1996 and the Office of Management and Budget (OMB) Circular A-133. VIII PAYMENT REQUEST PROCESS The SUBGRANTEE may submit a payment request prior to an anticipated expenditure or disbursement. Grant revenue received by the SUBGRANTEE must be placed in an interest- bearing account and is subject to the rules outlined in the Uniform Rule 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to Grantee and Local Governments. The SUBGRANTEE may keep interest earned on Federal grant funds up to $100 per fiscal year. This maximum limit is not per award; it is inclusive of all interest earned as a result of all federal grant program funds received per year. SUBGRANTEEs are required to report all interest earned at least quarterly to the GRANTEEE. HSEMD will provide instructions to the SUBGRANTEE for the disposition of reported interest earned. Payments to SUBGRANTEE are based on eligible expenditures that are specifically related to the grant budget and Budget Detail that is pre-authorized by the GRANTEE. Pre-authorization occurs when HSEMD approves the SUBGRANTEE's Budget Detail based on an approved scope of work. Payment requests must be made on HSEMD's 2010 HSGP Payment Request Form. An electronic version of this document will be made available by the GRANTEE. SUBGRANTEEs can request Reimbursement for allowable expenditures already paid, or request an Advance on expenditures expected to be paid within 30 days. Each payment request must be for one specific HSGP program (SHSP, CCP and MMRS) and one specific Investment, but can include more than one (1) Solution Area: • Reimbursement requests must include payment verification (i.e. paid invoices, receipts, payroll records with personnel activity reports, cancelled checks, general ledger print outs, etc.) 5 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-SS-TO-0031-09 As of October 1, 2010 • Advance payment requests must include a detailed cost estimate (i.e. invoices, quotes, or other documents). Payment verification documents (same documents required for a Reimbursement Request) for the advance must be submitted to HSEMD before future advances are made. No more than thirty (30) days should elapse between the date of receipt of a state warrant and payout of the funds by the SUBGRANTEE. All supporting documentation must be submitted to HSEMD immediately following the SUBGRANTEE's pay out of the funds. Failure to submit supporting documentation may result in funds being held for future payment requests, until the supporting documentation is received. Required documents prior to Payments from HSEMD. Payment of funds will not be made to a SUBGRANTEE until HSEMD has on file the following documents: • HSEMD Approved Scope of Work, Project/Work Plans • HSEMD Approved Budget • Original executed Grant AGREEEMENT(signed by all parties) • Original executed AGREEMENTS Amendments(if applicable • Authorized Representative Documentation(assignment of fiscal officer, signed by CEO or Chairperson) • Substitute W9/Vendor Update Form (if not already on file at HSEMD) • Chart of Accounts verification (unique revenue and expenditure accounts for each separate grant program included in this AGREEMENT) • Procurement Procedures, method of procurement documented (local government procedures, verification and or certification that state and federal rules and regulations are followed • HSEMD Contract Review and Approval ( all bids and contracts must be reviewed by HSEMD staff prior to execution) • State Iowa Minority Impact Statement • Written Designation of Authorized Representative (if any) IX. REPORTING REQUIREMENTS The FFY2010 Homeland Security Grant Program requires biannual financial reporting and progress relative to the approved scope of work. The Biannual Strategy Implementation Report (BSIR) will update information on obligations, expenditures, and progress made on Investments identified in the Initial Strategy Implementation Plan (ISIP), and will include an update of all information submitted in that report. HSEMD is responsible for the ISIP and BSIR reports. SUBGRANTEES are required to submit quarterly progress reports that provide information to be included, and assist HSEMD staff in updating the BSIR. The reports will be provided to the SUBGRANTEES by HSEMD. Reports are due on Jan 15, April 15, July 15, and Oct 15, following the end of each federal fiscal year quarter, which is Oct-Dec, Jan-Mar, April-June, and July-Sept. HSEMD may require additional reporting information from the SUBGRANTEE, with written notice. 6 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-ss-T0-0031-09 As of October 1, 2010 Following each exercise, the SUBGRANTEE shall submit an HSEEP Exercise Reporting Form (available on the HSEMD website at: http://www.iowahomelandsecurity.org/asp/programs/Exercise/Reporting.asp)to HSEM D. Reimbursement of exercise costs may be held by the Grantee, pending receipt of these reports. X. EQUIPMENT Equipment purchased by the SUBGRANTEE is the property of the SUBGRANTEE or another legal jurisdiction approved by the SUBGRANTEE in accordance with the scope of work and intent of this AGREEMENT. The SUBGRANTEE must maintain a listing of all equipment acquired through the execution of this AGREEMENT that includes the following: the owning jurisdiction, the equipment description, the equipment value or purchase price, the equipment identification number, the address location of the equipment. Costs associated with the issuance and transfer of title and registration shall be the sole responsibility of the owning jurisdiction. The SUBGRANTEE will ensure that all jurisdictions owning equipment procured by the SUBGRANTEE under this AGREEMENT are informed of the disposition requirements of the federal regulation and guidance for the programs included in this agreement. All jurisdictions owning equipment through the execution of this AGREEMENT must certify to the SUBGRANTEE that they have a control system in place to ensure adequate safeguards to prevent loss, damage, or theft of the property. Following notification to the SUBGRANTEE that the grant programs included in this AGREEMENT have closed, items of equipment procured under this AGREEMENT with the current per unit fair market value of less the $5,000 may be retained, sold or otherwise disposed of with no further obligation to the awarding agency. However, items of equipment with a current per unit fair market value greater than $5,000 must receive disposition instructions from HSEMD prior to any action taken by the owning jurisdiction to transfer ownership, sell or dispose of the equipment. Xl. TERMINATION Either the SUBGRANTEE or HSEMD may terminate this AGREEMENT by giving written notice to the other party at least thirty (30) calendar days before the effective date of the termination. All notices are to be transmitted via registered or certified mail, return receipt requested. The SUBGRANTEE's authority to incur new costs will be terminated upon receipt of the letter or the date set forth in the notice. Any costs incurred up to the earlier of the date of the receipt of the notice or the date of termination set forth in the notice will be negotiated for final payment. 7 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-SS-T0-0031-09 As of October 1, 2010 XII. OTHER TERMS AND CONDITIONS WAIVERS No conditions or provisions of this AGREEMENT are waverable unless approved by HSEMD, and the SUBGRANTEE, in writing. Unless otherwise stated in writing, HSEMD's failure to insist upon strict performance of any provision of this AGREEMENT, or to exercise any right based upon a breach, shall not constitute a waiver of any right or obligation specified under this AGREEMENT. AMENDMENTS AND MODIFICATIONS This AGREEMENT may be amended or modified in reference to the grant funds provided, administrative procedures, to include extension of the performance period due to extenuating circumstances, or any other necessary matter, but not to take effect until approved, in writing, by HSEMD and the SUBGRANTEE. NON-SUPPLANTING SUBGRANTEE shall ensure that federal funds made available under this award will not be used to supplant state or local funds, but will be used to increase the amounts of such funds for homeland security preparedness. COMPLIANCE, TERMINATION, AND OTHER REMEDIES Unless otherwise stated in writing, HSEMD requires strict compliance by the SUBGRANTEE and with the terms of this AGREEMENT, and the requirements of any applicable local, State and Federal statute, rules, laws, or regulations. (44 CFR 13.43) HSEMD may suspend or terminate any obligation to provide funding to the SUBGRANTEE and demand return of any unused grant funds in the possession of the SUBGRANTEE, if the SUBGRANTEE and/or AUTHORIZED REPRESENTATIVE following notice from HSEMD, fail to meet any obligations under this AGREEMENT or fail to make satisfactory process towards administration or completion of scope of work. The SUBGRANTEE understands and agrees that HSEMD may enforce the terms of this AGREEMENT by any combination or all remedies available to HSEMD under this AGREEMENT, or under any other provision of law, common law, or equity. INDEMNIFICATION It is understood and agreed by HSEMD and SUBGRANTEE and/or it's agent that this AGREEMENT is solely for the benefit of the parties to the GRANT and gives no right to any other party. No joint venture or partnership may be formed as a result of this AGREEMENT. The SUBGRANTEE, on behalf of itself and its successors and assigns, agrees to protect, save and hold harmless HSEMD and the State of Iowa, and their authorized agents and employees, from all claims, actions, cost, damages, or expenses of any nature whatsoever by reason of the negligent acts, errors, or omissions of the SUBGRANTEE or its authorized representative, its contractors, subcontractors, assigns, agents, licensees, arising out of or in connection with any acts or activities authorized by this AGREEMENT. The SUBGRANTEE's obligation to protect, 8 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-SS-TO-0031-09 As of October 1, 2010 save, and hold harmless as herein provided shall not extend to claims or caused of action for costs, damages, or expenses caused by or resulting from the negligent acts, errors, or omissions of HSEMD, the State of Iowa, or any of their authorized agents or employees. The SUBGRANTEE further agrees to defend HSEMD, the State of Iowa, and their authorized agents and employees against any claim or cause of action, or to pay reasonable attorney's fees incurred in the defense of any such claim or cause of action, as to which the SUBGRANTEE is required to protect, save or hold harmless said parties pursuant to paragraph 2 of this part. The SUBGRANTEE's obligation to defend, or to pay attorney's fees for the defense of such claims or causes of action as herein provided, shall not extend to claims or caused of action for costs, damages, or expenses caused by or resulting from the negligent acts, errors, or omissions of HSEMD, the State of Iowa, or any of their authorized agents or employees. ACKNOWLEGEMENTS The SUBGRANTEE shall include in any public or private release of information regarding the grant, language within acknowledges the funding contribution by HSEMD and Department of Homeland Security. INDEPENDENT CONTRACTOR STATUS OF APPLICANT The SUBGRANTEE, its officers, employees, agents and council members shall all perform their obligations under this AGREEMENT as an independent contractor and not in any manner as officers, employees or agents of HSEMD or The State of Iowa. All references herein to the SUBGRANTEE shall include its officers, employees, city council/board member, and agents. HSEMD shall not withhold on behalf of any officer, employee, city council/board member, or agent, or pay on behalf of any such person, any payroll taxes, insurance, or deductions of any kind from the funds paid to the SUBGRANTEE for administrative purposes. GOVERNING, LAW, VENUE AND SEVERABILITY The laws of Iowa shall govern this AGREEMENT and venue for any legal action hereunder shall be in the Polk County District Court of Iowa. If any provision under this AGREEMENT or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, said invalidity does not affect other provisions of this AGREEMENT which can be given effect without the invalid provision. NOTICES The SUBGRANTEE shall comply with all public notices or notices to individuals as required by applicable State and Federal laws, rules, and regulations and shall maintain a record of such compliance. 9 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-SS-T0-0031-09 As of October 1, 2010 COMMUNICATIONS BETWEEN HSEMD AND SUBGRANTEE All communications to the SUBGRANTEE by HSEMD shall be through the Authorized Representative. The SUBGRANTEE shall provide HSEMD the Name, address, telephone number, and email address of the Authorized Representative. All communications to HSEMD by the SUBGRANTEE shall be through: Lynda J. Wessel Iowa Homeland Security and Emergency Management Division 7105 NW 70th Avenue Camp Dodge, Bldg W4 Johnston, IA 50131 Telephone Number 515-725-3259 Email Address: Iynda.wessel@'iowa.gov ENTIRE GRANT AGREEMENT This AGREEMENT sets forth the entire AGREEMENT between HSEMD and the SUBGRANTEE with respect to the subject matter hereof. Commitments, warranties, representations and understandings or agreements not contained, or referred to, herein or amendment thereto shall not be binding on either HSEMD or the SUBGRANTEE. Except as may be expressly provided herein, no alteration of any of the terms or conditions of this AGREEMENT will be effective without written consent of both parties. 10 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-SS-T0-0031-09 As of October 1, 2010 CERTIFICATION Signature of this AGREEMENT certifies that all parties have read and understand the FFY2010 Grant Guidance, and the entirety of this AGREEMENT. IN WITNESS WHEREOF, HSEMD, the SUBGRANTEE, and the AUTHORIZED REPRESENTATIVE have executed this AGREEMENT by the signatures of authorized persons of the entities and on the date indicated below: Iowa Homeland Security and Emergency SUBGRANTEE Management Division: Name, Title, Agency David L. Miller Administrator Signature Date Date SUBGRANTEE's Authorized Representative Funded Entity Chair Representative Name, Title, Agency Name, Title, Agency Signature Signature Date Date 11 of 11 RESOLUTION NO. 2011-61 RESOLUTION APPROVING AGREEMENT WITH IOWA HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION (HSEMD) , AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement dated January 24, 2011, for a Region II 2010- SS-T00031-09 LEIN (Law Enforcement Information Network) Grant, from the Iowa Homeland Security and Emergency Management Division, National Infrastructure Protection Plan (NIPP) , in an amount not to exceed $86, 114 . 00, with no required local match, by and between Iowa Homeland Security and Emergency Management Division and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 24th day of January, 2011. 4411-141 Er est G. Clark, Mayor ATTEST: Suzy S ales, C City Clerk CITY OF WATERLOO Council Communication City Council Meeting: January 24, 2011 Prepared: Daniel J. Trelka, ,\\`\ Dept. Head Signature: �< # of Attachments: 6 SUBJECT: 2oio-SS-T0003i-io Grant Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Approval of 2olo-SS-T0003i-to LEIN grant and authorization for Mayor Clark and Director Trelka to sign agreement Summary Statement: The agreement provides federal grant assistance to the City of Waterloo from the Iowa Homeland Security and Emergency Management Division, State Homeland Security Program (SHSP). $237,250.0o will be utilized within the Waterloo Police Department, LEIN Region II Office. The agreement runs October 1, 2010 through June 3o, 2013. Expenditure Required: Source of Funds Policy Issue Alternative Background Information: Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-SS-T0-0031-10 As of October 1, 2010 GRANT AGREEMENT between Iowa Homeland Security and Emergency Management Division (HSEMD) and City of Waterloo Grant Number: 2010-SS-T00031-10 CFDA#: 97.067 PROGRAM DESCRIPTION/SCOPE OF WORK This AGREEMENT provides federal grant assistance to the City of Waterloo on behalf of RFO 2 (SUBGRANTEE) from the FFY2010 Homeland Security Grant Program (HSGP). The SUBGRANTEE, acting in and on behalf of Regional Fusion Office 2, will receive grant funding from the State Homeland Security Program (SHSP) Intelligence and Information Sharing Initiative totaling $237,250.00 to perform the scope of work for the Investments described in the Initial Strategy Implementation Plan (ISIP) and the budget by investment that has been approved by HSEMD. The recipient agrees that funds utilized are to enhance effectiveness of the Iowa Intelligence Fusion Center and the Regional Fusion Office and must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool. In doing so the SUBGRANTEE supports national priorities and target capabilities by enhancing coordinated regional and state efforts to strengthen homeland security. AGREEMENTS HSEMD will provide programmatic financial oversight and management in the role of the GRANTEE based on the grant guidance, the grant financial guide and other State and Federal guidelines. The GRANTEE will provide technical assistance and direction to the SUBGRANTEE on programmatic and financial requirements. The GRANTEE will also provide all appropriate documents and forms and make payments to the SUBGRANTEE to complete the approved scope of work. The Grantee is responsible for monitoring SUBGRANTEE activities to provide reasonable assurance that the SUBGRANTEE administers federal awards in compliance with federal and GRANTEE requirements. Responsibilities include the accounting of receipts and expenditures, cash management, the maintaining of adequate financial records, and the refunding of expenditures that are not eligible and/or allowable. Additionally, the SUBGRANTEE will be monitored periodically by the GRANTEE to ensure that the program goals, objectives, timelines, budgets, and other related program criteria are being 1 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-SS-T0-0031-10 As of October 1, 2010 met. Monitoring will involve the review and analysis of the financial, programmatic, and administrative issues relative to each program, and will identify areas where technical assistance and other support may be needed. In the event funds are further sub-awarded; the SUBGRANTEE assumes the same monitoring responsibilities as the GRANTEE. The SUBGRANTEE and the SUBGRANTEE's AUTHORIZED REPRESENTATIVE will execute this Grant Agreement on behalf of RFO 2, agreeing to provide all supervision, inspection, accounting, and other services necessary to complete the scope of work for the Investments from inception to closeout with the requirements set forth below. I. PERFORMANCE PERIOD The approved performance period for this grant is from October 1, 2010 to June 30, 2013. All work must be completed prior to the performance period ending. The SUBGRANTEE shall not incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities beyond the expiration date of the period of performance. If a time extension is needed it must be requested at least 90 days prior to the performance period end date. All requests must be supported by adequate justification submitted to HSEMD in order to be processed. The justification is a written explanation of the reason or reasons for the delay; an outline of remaining funds available to support the extended performance period; and a description of performance measures necessary to complete the project. Without the justification, extension requests will not be processed. HSEMD will provide the 'Request for Time Extension' form. II. AUTHORITIES AND REFERENCES The SUBGRANTEE will become familiar with and comply with the following Authorities and References in the administration of this grant: A. Administrative Requirements: Code of Federal Regulations (CFR) 2 CFR Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110) 44 CFR Part 7 Nondiscrimination in federally assisted programs 44 CFR Part 13 Uniform administrative requirements for grants and cooperative agreements to State and Local governments 44 CFR Part 14 Administration of grants: Audits of State and Local governments. 44 CFR Part 17 Government-wide debarment and suspension (non- procurement) and government wide requirements for drug- free workplace (grants) 44 CFR Part 18 New restrictions on lobbying 2 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-SS-T0.0031-10 As of October 1, 2010 B. Cost Principles: CFR, Office of Management and Budget(OMB) 2 CFR Part 220 Cost Principles for Educational Institutions (OMB Circular A-21) 2 CFR Part 225 Cost Principals for State and Local governments (See also OMB Circular A-122) 2 CFR Part 230 Cost Principles for Non-Profit Organizations (OMB Circular A- 122) OMB A-102 Uniform Administrative Requirements for Grants and Circular Cooperative Agreements with State and Local Governments C. Audit Requirements: OMB, Department of Homeland Security (DHS), DHS Office of Grant Operations (OGO) OMB A-133 Audits of States, Local Governments, and Non-Profit Orgs Circular DHS FFY10 Homeland Security Grant Guidance Guidance OGO January 2006 Financial Management Guide. Guidance D. Special Terms and Conditions Award 2010-SS-TO-0031 Other applicable requirements, to include Environmental and Historical Preservation, outlined as Special Conditions under the DHS FEMA GPD award to the State of Iowa Iowa Code Section 8.11 Pursuant to 2008 Iowa Acts, HF 2393, all grant applications submitted to the State of Iowa beginning January 1, 2009 shall include a Minority Impact Statement. This is the state's mechanism to require grant applicants to consider the potential impact of the grant project's proposed programs or policies on minority groups. III. GRANT MANAGEMENT SYSTEM To ensure that federal funds are awarded and expended appropriately, the SUBGRANTEE will establish and maintain a grant management system. The standards for the SUBGRANTEE organizations stem from the Office of Management and Budget's (OMB) uniform administrative requirements and cost principles. State, local and tribal organizations must follow the uniform administrative requirements standards in OMB Circular A-102, and cost principle standards in OMB Circular A-87. Allowable costs are also identified in the OGO Financial Management Guide, and the FFY10 Homeland Security Grant Program Guidance. These standards combined with the audit standards provided within OMB Circular A-133, plus the requirements of the Federal Cash Management Improvement Act constitute the basis for all policies, processes and procedures set forth in this grant management system for the SUBGRATEE. 3of11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-SS-T0-0031-10 As of October 1, 2010 The GRANTEE will employ an automated, web-based grants management system and will enable SUBGRANTEE application of the same. The SUBGRANTEE's grant management system must include: • Assured upload of budgets, work plans and all other grants-related documents, as prescribed by the GRANTEE. • internal controls based on the American Institute for Certified Public Accountant's (AICPA) definitions and requirements in the government-wide administrative requirements and cost principles • a chart of accounts that includes a separate cost center, fund, or accounting codes for each federal grant or program (i.e. SHSGP, Citizen Corp) • be in compliance with the Cash Management Improvement Act (CMIA), and good business processes • procedures to minimize federal cash on hand • The ability to track expenditures on hand or on a cash basis • the ability to create SUBGRANTEE Budget Detail base on the SUBGRANTEE Budget and approved scope of work • the ability to track expenditures in both financial and program budgets • procedures to document all grant-related expenditures, broken down by Program, Investment and Solution Area, and Project • procedures to ensure expenditures are eligible and allowable • the ability to fulfill government-required financial reporting forms IV. SUBGRANTEE BUDGET DETAIL The SUBGRANTEE is required to develop a SUBGRANTEE Budget that is based on the approved Investment Work Plans and Scope of Work. This process will break down each Investment or Project by program and identify costs within the solution areas. Budget development assistance will be provided by HSEMD to the SUBGRANTEE, with SUBGRANTEE budget approval by HSEMD required prior to obligation or expenditure of grant funds. To ensure funding, the SUBGRANTEE must submit an initial budget and work plan within 90 days of its notification of funding obligation from the GRANTEE. Late submittal may result in de-obligation, reduction or reallocation of funds, with at least 30 days prior to notification by the GRANTEE. V. GRANT AWARD and AMENDMENTS The SUBGRANTEE will perform an agreed upon scope of work, which shall align with the Funding Opportunity and original Investment that funds it. Any changes to the scope of work must be approved by HSEMD in writing prior to executing changes. All budget revisions also require written approval by HSEMD to ensure compliance with federal guidelines. If the SUBGRANTEE anticipates unexpended funds during the performance period, that information and the associated amount are immediately reportable to HSEMD as is a request for disposition instructions. 4of11 Iowa Homeland Security&Emergency Management Division FEY 2010 HSGP Grant 2010-SS-TO-0031-10 As of October 1, 2010 VI PROCUREMENT This AGREEMENT requires that all procurement is executed by the SUBGRANTEE. Procurement standards must be in accordance with the written adopted procedures of the SUBGRANTEE, provided that the local procurement standards conform to applicable State and Federal law and the standards identified in the 44 CFR, Part 13.36, and OGO 2006 Financial Management Guide (Chapter 11 — Procurement). The SUBGRANTEE will ensure that every purchase order or other contract includes any clauses required by Federal statutes and executive orders and their implementing regulations. The SUBGRANTEE must submit copies of bid documents and contract documents to HSEMD prior to awarding or executing contracts. No contract will be honored without HSEMD prior review, and approval. VII AUDIT SUBGRANTEE must comply with the audit requirements of the Single Audit Act Amendments of 1996 and the Office of Management and Budget (vim) Circular A-133. VIII PAYMENT REQUEST PROCESS The SUBGRANTEE may submit a payment request prior to an anticipated expenditure or disbursement. Grant revenue received by the SUBGRANTEE must be placed in an interest- bearing account and is subject to the rules outlined in the Uniform Rule 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to Grantee and Local Governments. The SUBGRANTEE may keep interest earned on Federal grant funds up to $100 per fiscal year. This maximum limit is not per award; it is inclusive of all interest earned as a result of all federal grant program funds received per year. SUBGRANTEEs are required to report all interest earned at least quarterly to the GRANTEEE. HSEMD will provide instructions to the SUBGRANTEE for the disposition of reported interest earned. Payments to SUBGRANTEE are based on eligible expenditures that are specifically related to the grant budget and Budget Detail that is pre-authorized by the GRANTEE. Pre-authorization occurs when HSEMD approves the SUBGRANTEE's Budget Detail based on an approved scope of work. Payment requests must be made on HSEMD's 2010 HSGP Payment Request Form. An electronic version of this document will be made available by the GRANTEE. SUBGRANTEEs can request Reimbursement for allowable expenditures already paid, or request an Advance on expenditures expected to be paid within 30 days. Each payment request must be for one specific HSGP program (SHSP, CCP and MMRS) and one specific Investment, but can include more than one (1) Solution Area: • Reimbursement requests must include payment verification (i.e. paid invoices, receipts, payroll records with personnel activity reports, cancelled checks, general ledger print outs, etc.) • Advance payment requests must include a detailed cost estimate (i.e. invoices, quotes, or other documents). Payment verification documents (same documents required for a Reimbursement Request) for the advance must be submitted to HSEMD before future advances are made. 5 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-SS-TO-0031-10 As of October 1, 2010 No more than thirty (30) days should elapse between the date of receipt of a state warrant and payout of the funds by the SUBGRANTEE. All supporting documentation must be submitted to HSEMD immediately following the SUBGRANTEE's pay out of the funds. Failure to submit supporting documentation may result in funds being held for future payment requests, until the supporting documentation is received. Required documents prior to Payments from HSEMD. Payment of funds will not be made to a SUBGRANTEE until HSEMD has on file the following documents: • HSEMD Approved Scope of Work, Project/Work Plans • HSEMD Approved Budget • Original executed Grant AGREEEMENT(signed by all parties) • Original executed AGREEMENTS Amendments(if applicable • Authorized Representative Documentation(assignment of fiscal officer, signed by CEO or Chairperson) • Substitute W9/Vendor Update Form (if not already on file at HSEMD) • Chart of Accounts verification (unique revenue and expenditure accounts for each separate grant program included in this AGREEMENT) • Procurement Procedures, method of procurement documented (local government procedures, verification and or certification that state and federal rules and regulations are followed • HSEMD Contract Review and Approval ( all bids and contracts must be reviewed by HSEMD staff prior to execution) • State Iowa Minority Impact Statement • Written Designation of Authorized Representative (if any) IX. REPORTING REQUIREMENTS The FFY2010 Homeland Security Grant Program requires biannual financial reporting and progress relative to the approved scope of work. The Biannual Strategy Implementation Report (BSIR) will update information on obligations, expenditures, and progress made on Investments identified in the Initial Strategy Implementation Plan (ISIP), and will include an update of all information submitted in that report. HSEMD is responsible for the ISIP and BSIR reports. SUBGRANTEES are required to submit quarterly progress reports that provide information to be included, and assist HSEMD staff in updating the BSIR. The reports will be provided to the SUBGRANTEES by HSEMD. Reports are due on Jan 15, April 15, July 15, and Oct 15, following the end of each federal fiscal year quarter, which is Oct-Dec, Jan-Mar, April-June, and July-Sept. HSEMD may require additional reporting information from the SUBGRANTEE, with written notice. Following each exercise, the SUBGRANTEE shall submit an HSEEP Exercise Reporting Form (available on the HSEMD website at: http://www.iowahomelandsecurity.org/asp/programs/Exercise/Reporting.asp) to HSEMD. Reimbursement of exercise costs may be held by the Grantee, pending receipt of these reports. 6 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-SS-TO-0031-10 As of October 1, 2010 X. EQUIPMENT Equipment purchased by the SUBGRANTEE is the property of the SUBGRANTEE or another legal jurisdiction approved by the SUBGRANTEE in accordance with the scope of work and intent of this AGREEMENT. The SUBGRANTEE must maintain a listing of all equipment acquired through the execution of this AGREEMENT that includes the following: the owning jurisdiction, the equipment description, the equipment value or purchase price, the equipment identification number, the address location of the equipment. Costs associated with the issuance and transfer of title and registration shall be the sole responsibility of the owning jurisdiction. The SUBGRANTEE will ensure that all jurisdictions owning equipment procured by the SUBGRANTEE under this AGREEMENT are informed of the disposition requirements of the federal regulation and guidance for the programs included in this agreement. All jurisdictions owning equipment through the execution of this AGREEMENT must certify to the SUBGRANTEE that they have a control system in place to ensure adequate safeguards to prevent loss, damagc or theft of the property. Following notification to the SUBGRANTEE that the grant programs included in this AGREEMENT have closed, items of equipment procured under this AGREEMENT with the current per unit fair market value of less the $5,000 may be retained, sold or otherwise disposed of with no further obligation to the awarding agency. However, items of equipment with a current per unit fair market value greater than $5,000 must receive disposition instructions from HSEMD prior to any action taken by the owning jurisdiction to transfer ownership, sell or dispose of the equipment. Xl. TERMINATION Either the SUBGRANTEE or HSEMD may terminate this AGREEMENT by giving written notice to the other party at least thirty (30) calendar days before the effective date of the termination. All notices are to be transmitted via registered or certified mail, return receipt requested. The SUBGRANTEE's authority to incur new costs will be terminated upon receipt of the letter or the date set forth in the notice. Any costs incurred up to the earlier of the date of the receipt of the notice or the date of termination set forth in the notice will be negotiated for final payment. XII. OTHER TERMS AND CONDITIONS WAIVERS No conditions or provisions of this AGREEMENT are waverable unless approved by HSEMD, and the SUBGRANTEE, in writing. Unless otherwise stated in writing, HSEMD's failure to insist upon strict performance of any provision of this AGREEMENT, or to exercise any right based upon a breach, shall not constitute a waiver of any right or obligation specified under this AGREEMENT. 7 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-SS-T0-0031-10 As of October 1,2010 AMENDMENTS AND MODIFICATIONS This AGREEMENT may be amended or modified in reference to the grant funds provided, administrative procedures, to include extension of the performance period due to extenuating circumstances, or any other necessary matter, but not to take effect until approved, in writing, by HSEMD and the SUBGRANTEE. NON-SUPPLANTING SUBGRANTEE shall ensure that federal funds made available under this award will not be used to supplant state or local funds, but will be used to increase the amounts of such funds for homeland security preparedness. COMPLIANCE,TERMINATION, AND OTHER REMEDIES Unless otherwise stated in writing, HSEMD requires ctrirt compliance by the SUBGRANTEE and with the terms of this AGREEMENT, and the requirements of any applicable local, State and Federal statute, rules, laws, or regulations. (44 CFR 13.43) HSEMD may suspend or terminate any obligation to provide funding to the SUBGRANTEE and demand return of any unused grant funds in the possession of the SUBGRANTEE, if the SUBGRANTEE and/or AUTHORIZED REPRESENTATIVE following notice from HSEMD, fail to meet any obligations under this AGREEMENT or fail to make satisfactory process towards administration or completion of scope of work. The SUBGRANTEE understands and agrees that HSEMD may enforce the terms of this AGREEMENT by any combination or all remedies available to HSEMD under this AGREEMENT, or under any other provision of law, common law, or equity. INDEMNIFICATION It is understood and agreed by HSEMD and SUBGRANTEE and/or it's agent that this AGREEMENT is solely for the benefit of the parties to the GRANT and gives no right to any other party. No joint venture or partnership may be formed as a result of this AGREEMENT. The SUBGRANTEE, on behalf of itself and its successors and assigns, agrees to protect, save and hold harmless HSEMD and the State of Iowa, and their authorized agents and employees, from all claims, actions, cost, damages, or expenses of any nature whatsoever by reason of the negligent acts, errors, or omissions of the SUBGRANTEE or its authorized representative, its contractors, subcontractors, assigns, agents, licensees, arising out of or in connection with any acts or activities authorized by this AGREEMENT. The SUBGRANTEE's obligation to protect, save, and hold harmless as herein provided shall not extend to claims or caused of action for costs, damages, or expenses caused by or resulting from the negligent acts, errors, or omissions of HSEMD, the State of Iowa, or any of their authorized agents or employees. The SUBGRANTEE further agrees to defend HSEMD, the State of Iowa, and their authorized agents and employees against any claim or cause of action, or to pay reasonable attorney's fees incurred in the defense of any such claim or cause of action, as to which the SUBGRANTEE is 8 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-ss-r0-0031-10 As of October 1, 2010 required to protect, save or hold harmless said parties pursuant to paragraph 2 of this part. The SUBGRANTEE's obligation to defend, or to pay attorney's fees for the defense of such claims or causes of action as herein provided, shall not extend to claims or caused of action for costs, damages, or expenses caused by or resulting from the negligent acts, errors, or omissions of HSEMD, the State of Iowa, or any of their authorized agents or employees. ACKNOWLEGEMENTS The SUBGRANTEE shall include in any public or private release of information regarding the grant, language within acknowledges the funding contribution by HSEMD and Department of Homeland Security. INDEPENDENT CONTRACTOR STATUS OF APPLICANT The SUBGRANTEE, its officers, employees, agents and council members shall all perform their obligations under this AGREEMENT as an independent contractor and not in any manner as officers, employees or agents of HSEMD or The State of Iowa. All references herein to the SUBGRANTEE shall include its officers, employees, city council/board member, and agents. HSEMD shall not withhold on behalf of any officer, employee, city council/board member, or agent, or pay on behalf of any such person, any payroll taxes, insurance, or deductions of any kind from the funds paid to the SUBGRANTEE for administrative purposes. GOVERNING, LAW, VENUE AND SEVERABILITY The laws of Iowa shall govern this AGREEMENT and venue for any legal action hereunder shall be in the Polk County District Court of Iowa. If any provision under this AGREEMENT or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, said invalidity does not affect other provisions of this AGREEMENT which can be given effect without the invalid provision. NOTICES The SUBGRANTEE shall comply with all public notices or notices to individuals as required by applicable State and Federal laws, rules, and regulations and shall maintain a record of such compliance. 9 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-55-TO-0031-10 As of October 1,2010 COMMUNICATIONS BETWEEN HSEMD AND SUBGRANTEE All communications to the SUBGRANTEE by HSEMD shall be through the Authorized Representative. The SUBGRANTEE shall provide HSEMD the Name, address, telephone number, and email address of the Authorized Representative. All communications to HSEMD by the SUBGRANTEE shall be through: Lynda J. Wessel Iowa Homeland Security and Emergency Management Division 7105 NW 70th Avenue Camp Dodge, Bldg W4 Johnston, IA 50131 Telephone Number 515-725-3259 Email Address: lynda.wessel@iowa.gov ENTIRE GRANT AGREEMENT This AGREEMENT sets forth the entire AGREEMENT between HSEMD and the SUBGRANTEE with respect to the subject matter hereof. Commitments, warranties, representations and understandings or agreements not contained, or referred to, herein or amendment thereto shall not be binding on either HSEMD or the SUBGRANTEE. Except as may be expressly provided herein; no alteration of any of the terms or conditions of this AGREEMENT will be effective without written consent of both parties. 10 of 11 Iowa Homeland Security&Emergency Management Division FFY 2010 HSGP Grant 2010-ss-r0-0031-10 As of October 1, 2010 CERTIFICATION Signature of this AGREEMENT certifies that all parties have read and understand the FFY2010 Grant Guidance, and the entirety of this AGREEMENT. IN WITNESS WHEREOF, HSEMD, the SUBGRANTEE, and the AUTHORIZED REPRESENTATIVE have executed this AGREEMENT by the signatures of authorized persons of the entities and on the date indicated below: Iowa Homeland Security and Emergency SUBGRANTEE Management Division: Name, Title, Agency David L. Miller Administrator Signature Date Date SUBGRANTEE's Authorized Representative Funded Entity Chair Representative Name, Title, Agency Name, Title, Agency Signature Signature Date Date 11 of 11 RESOLUTION NO. 2011-62 RESOLUTION APPROVING AGREEMENT WITH IOWA HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the agreement dated January 24, 2011, for a Region II 2010- SS-T00031-10 LEIN (Law Enforcement Information Network) Grant, from the Iowa Homeland Security and Emergency Management Division, State Homeland Security Program (SHSP) , in an amount not to exceed $237, 250 . 00, with no required local match, by and between Iowa Homeland Security and Emergency Management Division and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 24th day of January, 2011 . E /6"4- (1" nest G. Clark, Mayor ATTEST: � lCxYs-o Suzy S a es, CMC City Cler • ///_ ,��� CITY OF WATERLOO , IOWA 'I' lum, 2r, CITY HALL • 715 MULBERRY STREET 50703 ''tTm %rloo \O� Today's Date: 9/20/2010 Effective Date: 1/11/2011 Employment Date: 7/7/1987 To: City Council Members Re: Notice of Severance Department POLICE Job Title/Classification Sergeant This is to report that the employment of Chapman, Randall with the City of Waterloo has been severed by reason of: El Retired Disability Related ❑ No LI Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy,it is requested to allow payment which consists of the following: Benefits Total Hours (x)Hourly Rate Total Payout Vacation-Accrued 9.00 $31.34 $ 282.06 Vacation-Current 304.00 $31.34 $ 9,527.36 Usable Sick Leave 0 $31.34 (x)25% $ - Frozen Sick Leave 0.00 $31.34 (x) % $ - Personal Hours 0.00 $31.34 $ - Comp Time Pay 480.00 $31.34 $ 15,043.20 Unscheduled Leave )Y 27.00 $31.34 $ 846.18 Other Pay 0 $31.34 $ - Total Payment $ 25,698.80 Comments: 37r, Approved by dfri ' " ` Date c/-/q-// Human Resources /C �/� / t ✓% `�r'�(ram Date /� // Routing: / (J Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forwar approved form to Department Updated 7/20/10 Council Agenda Date: ��.0•440l l ❑ AS/400 Status/Accruals ❑ 1-9 / ,,,, .- -y CITY OF WATERLOO , IOWA `/ ��� � CITY HALL • 715 MULBERRY STREET 50703 ''16. 100 `O� Today's Date: 1/20/2011 Effective Date: 12/31/2010 Employment Date: 6/2/1979 To: City Council Members Re: Notice of Severance Department Street Job Title/Classification Laborer This is to report that the employment of Dudley Blandin II with the City of Waterloo has been severed by reason of: E Retired Disability Related E No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x)Hourly Rate Total Payout Vacation-Accrued 179.7 $ 20.37 $ 3,660.49 Vacation-Current $ - Usable Sick Leave 19 $ 20.37 (x)25% $ 96.76 Frozen Sick Leave 199.95 $ 20.37 100% $ 4,072.98 Personal Hours 8 $ 20.37 $ 162.96 Comp Time Pay $ - Unscheduled Leave $ - Other Pay $ - Total Payment $ 7,993.19 Comments: Benefits accrued only thru 11/24/10. Being paid for remaining 50%of original 613.25 frozen sick leave hours @ 613.25 x 60% =367.95. Has taken 168 hours. Benefits accrual frozen as of 11/25/10 except for holidays per 16.11(B) Approved by ` ,`1 r� Date t �C Human Resourot. ---'�vvw�� Q�,�.& A(�(�{ ` Date k\ \, Routing: \ `� 1 ' Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forward approved form to Department Updated 7/20/10 Council Agenda Date: 11 I3r,1 ❑ AS/400 Status/Accruals 0 1-9 Minutes WATERLOO CULTURAL AND ARTS COMMISSION Wednesday, December 15, 2010 4 p.m. Cammie Scully's House Attendance:Broshar,Langlas,Phelps,DeKoster,Blake,Burk,Showers,Heitzman Guest: David Jones,City Councils DeKoster opened the meeting at 4:15 p.m. • Minutes were approved as distributed. • Financial Report—Scully reported that everything is on track.Revenues were very good for Arts Festival this year due to the two-day event.Report was approved as submitted. Committee Chairs Reports: • Executive—no report. They have not met • Public Art—Phelps reported on the selection process for the Lou Henry Hoover project.21 proposals were received and reviewed. • Building and Grounds—Scully indicated that all projects were in process or waiting for bid. The reception area and west wing office remodel is complete. • Development/Marketing—They have not met • WCP/WCA—Broshar—They have not met • Education—Heitzman/DeKoster—They have not met • Collections/Exhibitions—Showers—They have not met but will be meeting mid to late January with lots of gifts and purchases to be reviewed.Many of the board members were interested in attending. Scully will send them a notice of the meeting. • Gift Store/Visitor Services—Heitzman/DeKoster—Zapplication was a great artist review process and brought us many really good artists for the arts festival this year. There was a holiday sale for 3 days that did very well.The gift store did well also at the arts festival with two locations. • Friends of the Art Center—Rice reported that their fundraiser is set for April 1 with Milk and Honey as the band. They will sell chances at 6"canvases at$25 a chance to assist in raising funds. They held a very successful party for arts festival artists—artists love the party but want the patron program back—it will return next year. IV. Project Wind-up—Broshar • Leaks—progress—seem to be fixed—we will wait for spring thaw to find out for sure • Deck door—will involve installing an enclosure at each door.Broshar working on design for this. • Gift Store lights—still an issue—Broshar will contact the company and get clear directions for running the system. • Showcase front—Broshar contacted Cardinal—they will be reinforcing the case so we have no further mishaps. VI. Director's Report • Board appointments update—appointments will be on the agenda January 3 • Bahamas trip—was very successful. Scully and Shankle met with all artists,the Culture and Tourism ministries,a bank corporate sponsor,visited artists studios,etc.Artists very excited about the exhibit,symposium and tour. The National Art Museum of the Bahamas will partner and will take care of all local arrangements. PARTY ON! WATERLOO CULTURAL AND ARTS COMMISSION MEETING November 3, 2010 Hurwich Room 4:00 pm In Attendance: Karol Rae Hoth, Marilyn DeKoster, Dianne Phelps, Bill Blake, Steve Showers, Mike Broshar, Terry Rice, Goli Buchanan, Barb Heitzman, David Deeds Staff: Cammie Scully, JoLyn Lennox Hoth called the meeting to order at 4:05 pm. Previous meeting minutes were approved as sent. Finance Report / Scully • budget reports were passed out • we are within budget at this time • discussion was held on percentage of subsidy by the city • Scully mentioned that there might be possible budget cuts but with the two day H A F and more artists more revenue will be brought in. Also room rentals are strong. There was a motion to approve the financial report by Broshar, 2"by DeKoster. Voted and approved. Public Art / Phelps • Phelps discussed the possible use of empty downtown store fronts to display art • We may replace the panels& imagery on the Leo Rooff Windows on Waterloo display with selected images from the collection. • Phelps informed the board that the cost for the 7 podium viewers to be placed around the city was going to be $35,000 • The committee will review/select an artist to create work for the Lou Henry Hoover project and the City Engineering Dept will hopefully manage the construction phase—including fencing, landscaping, etc. Building& Grounds / Showers • Scully must submit a bond budget very soon and is working with staff and City Maintenance department to develop requests • Many projects have been completed around the building—remodel of ww office, creation of a new Concourse Lounge area, flooring and counters in coffee room and ww kitchen, elevator refinish, etc. Development/Marketing / Buchanan • the marketing committee meets on the 4th Wednesday of the month • Shannon conducted an e-survey; we received replies from a Mom's group, Junior League and a Young Professionals group. The major issues that the survey revealed were the following: *The Mom's group felt that the WCA building was not user friendly. It was suggested that volunteers be used as greeters. *People in the survey preferred 1 day workshops instead of classes that f last 6 weeks. And 1 day Chef classes. *They want more classes for Dad's and kids. *Movies-International movies or Westerns and then a brief discussion about Indian tribes after the movie. *The Mom's group wanted direct contact about upcoming events. The young professionals prefer to be contacted by electronic data or Facebook *Covenant wants to support diversity. Chris Heyers at Covenant felt sponsoring the $ Dollar Days was not benefiting a diverse enough group A discussion was held re: survey results: *DeKoster felt that this area has a high concentration of Hispanic families that would be well served by$1 per child tours;that the cost of bussing was affecting the number of tours. *It was mentioned that a building greeter would be beneficial. *Deeds felt that we needed a 10 quick stop list of some type; JSA& a possible summer movie series in the park. *Phelps felt that Chef Dan needed a flyer or a postcard at his counter advertising his classes. *Buchanan suggested a coffee or tea tasting at the Art House Café on a Saturday or a Sunday. She felt that more WCA staff should attend the Friends meeting i.e. S. Farlow; more postcards for classes and events; and that volunteers be used as door greeters with verbal directions. *Broshar felt that building"way finding" should be more personal and visitors needed to be guided to the upper galleries. Education / DeKoster-Heitzman • Heitzman and Blake liked the new Zapp program used to identify and jury artists. Benefits. the ability to group by medium;the ease of scrolling back to look at the images again • Heitzman—there will be radio commercials on 93.5 advertising the event. • Scully added this year's Holiday Arts Festival has had more marketing done than previous years Collections & Exhibits / Showers • Scully told the commission of Janet Feldman's latest gift that includes 110 new art pieces for the collection; she noted that she and kent purchased ceramics from Luna Park and to check out the work on www.lunaparc.com Friends / Rice • Friends will be providing gift wrapping for the HAF;we are going green with tote bags that can be purchased • Friday April 1st will be the"Come as You Art" event with Milk&Honey. This event will be replacing Arti-Gras Project Wind-up / Broshar • Leaks have fixed except for the one in the shop. • Deck doors-solution a glass shell to be built around them. Broshar submitted a bid to Scully for$ 30,000 to be paid from the Bond budget. • Upper level bids for the Plaza will be taken in Febr of 2011 • The Plaza will be completed by the Summer of 2012-events may be scheduled. Nominating / Scully • Scully submitted a plan for commissioner extension, and appointments of 3 new commissioners. She reminded them that the chair person serves for two years as an active chair and also for two years as a past chair person. Discussion followed. A motion to accept the Appointment/Reappointment of board members as stated was moved by Broshar and 2nd by Showers. The motion was voted and approved. Director's or s Report / Scull Y • Three applications have been submitted for consideration as new board members to the Mayor's office. • The Courier is promoting a new marketing tool. When a business buys a full page ad for $1800—a non-profit agency of their choice gets a full page ad for FREE. • December's board meeting will be on December 15 at 4:00 pm at Cammie's house. This will be a party to recognize out-going and incoming board members. A board meeting will be conducted first and significant others may join the group at 5 p.m. for a party. Shower's moved that the meeting be adjourned,2nd by Buchanan. Voted and approved. Meeting adjourned at 5:15 pm Respectfully submitted, JoLyn Lennox/ Secretary, WCA WATERLOO HOUSING AUTHORITY, Governing Board Minutes November 18, 2010 Waterloo City Hall—Council Chambers Members Present: Greenwood, Hart, Jones, Getty, Cole, Welper, Schmitt, Zeiner, Weidner, Washington, and Wessels Motioned by Welper, seconded by Schmitt, that the Agenda be approved. Ayes: All Motion Carried. Motioned by Hart, seconded by Schmitt that the minutes from the September 16, 2010 meeting be approved. Ayes: All Motion Carried. Motioned by Getty, seconded by Hart to approve the following Old Business Items: 1. Approval to purchase 7 computers and 3 printers for the Housing Authority. Ayes: All Motion Carried. Motioned by Hart, seconded by Cole to approve the following New Business Items: 1. Approval and Resolution to seek bids for the installation of the Internet at Ridgeway Towers. 2. Approval and Resolution of application for the Family Self Sufficiency (FSS) 2011 Grant. 3. Approval and resolution of payment standards for the Fair Market Rents published by HUD 4. Approval to place on file the Housing Authority report including the leasing, HAP and Admin Fee utilization report. Items tabled were the approval to seek prices to purchase a TV for the Ridgeway towers Community Room and also the approval to accept price for the Internet Service (for computer Lab) at Ridgeway Towers. Ethel will be seeking further information pertaining to the possibility of bundling services and also price comparisons for TV. 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' �,/?.. -,•\/ Date: January 6, 2011 City of Waterloo, Iowa ' '�7-:--?"`- S=' / Invoice No. 3 (37079518) U.S. Highway 63 Final Design Phase---" Invoice Period Covered: 11/27/10 through 12/31/10 Client Contact: Eric A. Thorson, P.E. Consultant Job No.60163114/60181780 Federal Project No. NHSX-63-6(69)-3H-07 Contract Cumulative Current Estimate To Date Period Labor Dollars $161,423.20 $17,856.62 $ 4,182.01 Overhead 266,348.28 29,463.46 6,900.32 Direct Expenses Survey Equipment 750.00 0.00 0.00 Mileage 200.00 1.00 0.00 Copier 480.00 0.00 0.00 Misc. 300.00 0.00 0.00 Craig Ritland Landscape Architects 18,500.00 3,125.00 835.00 Robinson Engineering Co. 30,200.00 0.00 0.00 Terracon Consulting 15,100.00 0.00 0.00 Subtotal $493,301.48 $50,446.08 $11,917.33 Subtotal Rounded $493,300.00 Fixed Fee 55,600.00 6,151.60 1,440.70 Authorized Contingency 0.00 Total Authorized Amount $548,900.00 ,j Total Billed to Date 56,597.68 $56,597.68 V Remaining Authorized Balance $492,302.32 YTD Current al Sanitary Sewer Design(Included Above) $1,283.12 $1,042.42 6 K -J Unauthorized Continciencv AECOM $43,000.00 Craig Ritland Landscape Architects 0.00 Robinson Engineering Co 1,500.00 Terracon Consulting 1,300.00 L:lworklADMINIINVOICE1WatHwy63FinalDes.doc /` �,) Viot( fr • / , 4(d 97 Remit To: AECOM • P.O.Box 1497 • Waterloo,Iowa 50704-1497 501 Sycamore Street,Suite 222 • Waterloo,Iowa 50703 • (319)232-6531 • Fax:(319)232-0271