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Council Packet - 10/4/2021
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, October 4, 2021 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new,livable wage jobs through a balanced economic development approach of assisting existing businesses,fostering start-ups,attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable,and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA A Iowa Code Chapter 21 gives the public the right to attend council meetings,but it does not require cities to allow public participation except during public hearings.The public is required to follow the rules listed in this article when speaking during any meeting of the city council. R At the presiding officer's discretion,individuals may address the presiding officer by stepping to the podium,and after recognition by the presiding officer,shall state their name,address and group affiliation,if appropriate,and speak clearly into the microphone. C. Comments shall be germane and refrain from personal,impertinent,or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. Page 1 of 394 RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of five (5) minutes only if they have registered with the city clerk's office no later than 4:00 p.m. on the day of the council meeting. Individuals who have not registered shall not be permitted to speak during the public comment portion of the agenda. Individuals shall only speak on matters not listed on the regular session agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting.;Individuals may call the city clerk's office at 319-291-4323 or email clerk@waterloo-ia.org. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENTDURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3)minutes or may submit written comments to the city clerk by 4:00 p.m. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer,individuals may speak for a maximum of three(3)minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Prayer or Moment of Silence Pledge of Allegiance Patrick Morrissey, Ward 3 Council Member Agenda, as proposed or amended. Minutes of September 20, 2021, Regular Session, as proposed. Proclamation declaring October 3-9, 2021 as Fire Prevention Week. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the FY21 Consolidated Annual Performance and Evaluation Report Page 2 of 394 (CAPER) for CDBG and HOME program activities, for the period of July 1, 2020 through June 30, 2021, to the United States Department of Housing and Urban Development. Submitted By:Rudy D. Jones, Community Development Director 3. Resolution approving cancellation of sidewalk assessment for property located at 433 Edwards Street, in the amount of$508.12; the 400 Block of Quincy Street, in the amount of $274.82; and 503 Newell Street, in the amount of $338.83, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By:Kelley Felchle, City Clerk 4. Resolution accepting Anti-Heroin COPS Grant funds as a sub-recipient from the Governor's Office of Drug Control Policy, in the amount of $7,000, with no matching funds required, to provide overtime funds to assist in mid and high level heroin investigations, and authorizing the Mayor and Chief of Police to execute said document. Submitted By:Matt McGeough, Captain 5. Resolution accepting Meth HotSpots Grant funds from October 1, 2020 to June 30, 2022, in the amount of$28,000 with no matching funds, as a sub-recipient from the Governor's Office of Drug Control Policy, and authorizing the Mayor and Chief of Police to execute said document. Submitted By:Matt McGeough, Police Captain 6. Resolution setting date of public hearing as October 18, 2021, to approve a request by the City of Waterloo to vacate 0.18 acres of City owned right-of-way at East High School at 214 High Street, and rescinding Ordinance No. 2618, and instruct the City Clerk to publish notice. Submitted By:Noel Anderson, Community Planning and Development Director 7. Resolution setting date of public hearing as October 18, 2021, for a request by Northland Products Company to rezone 5.19 acres from "M-1" Light Industrial District to "M-1,C- Z" Conditional Zoning District, to allow for compactors and drum washing system, in relation to a petroleum operation located at 2830 Geraldine Road, and instruct the City Clerk to publish notice. Submitted By:Noel Anderson, Community Planning and Development Director 8. Resolution setting date of public hearing as October 18, 2021, to approve a request by the City of Waterloo to vacate 0.27 acres of City owned right-of-way at East High School at 214 High Street, retaining a utility easement over the entirety, and rescinding Ordinance No. 4459, and instruct the City Clerk to publish notice. Submitted By:Noel Anderson, Community Planning and Development Director 9. Resolution setting date of public hearing as October 18, 2021, to approve a request by the City of Waterloo to sell and convey City owned vacated right-of-way near East High School at 214 High Street to the Waterloo Community School District for$1.00, with the retention of easements over portions of the areas to be conveyed, and instruct the City Clerk to publish notice. Submitted By:Noel Anderson, Community Planning and Development Director 10. Resolution approving request of Richard Judas for a waiver for a concrete driveway, located at 1212 Bauch Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 11. Motion approving Final Quantity Summary for a net increase of$14,596.97, for Peterson Contractors, Inc., in conjunction with the FY 2020 Newell Street RISE Project, Contract No. 991, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Matt Schindel, Associate Engineer Page 3 of 394 12. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $731,038.17, in conjunction with the FY 2020 Newell Street RISE Project, Contract No. 991, and receive and file a two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer 13. Resolution approving Variance to Noise Ordinance request from Matthew Gilbert DBA as Rethink Iowa, LLC, in conjunction with the Historic Walnut Street/Faith Temple Building Community Forum, to be held on October 16, 2021 from 5:00 p.m. to 10:00 p.m, at 415 Walnut Street, including live music, the use of a PA system and visual projections. Submitted By: Corbin Payne, Police Lieutenant 14. Resolution approving Variance to Noise Ordinance request from Matthew Gilbert and Dana Potter, in conjunction with the Walnut Neighborhood Association Light Show event, to be held on October 16, 2021 from 4:00 p.m. to 10:00 p.m, at 415 Walnut Street, including speakers and visual projections. Submitted By: Corbin Payne, Police Lieutenant B. Motion to approve the following: 1. TRAVEL REQUESTS a. Joel Shepard and Todd Hemich, Building Maintenance Class/Meeting:2020 National Electrical Code - Continuing Education Destination: Cedar Falls or Cedar Rapids, IA Dates:November 4-5, 2021 or December 16-17, 2021 Amount not to exceed: $1,394.00 ($697.00 each) b. Medical Officers Travis Ihnen, Greg Stewart, Ben Smith Class/Meeting: Blue Card Incident Command Training Destination: Online-No Travel Required Dates: One Year Subscription Amount not to exceed: $1,155.00 C. Josh Heller, Fire Department Class/Meeting: Mine Safety Company CARE G1 Self-Contained Breathing Apparatus Destination:Virtual- Online Class Dates: October 22, 2021 Amount not to exceed: $495.00 d. Officer Sager Class/Meeting: Operating While Intoxicated/Iowa Law Enforcement Emergency Care Provider training at the Iowa Law Enforcement Academy Destination: Johnston, IA Dates: October 4-8, 2021 Amount not to exceed: $595.00 e. Officers Sommer, Bush, Harrington and Northup Class/Meeting: Field Training Officer Certification Destination:Waterloo, IA Dates: October 11-13, 2021 Amount not to exceed: $1,200.00 Page 4 of 394 f. Abraham L. Funchess, Jr., Rebecca Johnson, Shelly Burch, Human Rights Class/Meeting:2021 MLK Freedom Bus Tour Destination:Memphis, Montgomery, Birmingham and Selma Dates:November 8-12, 2021 Amount not to exceed: $2,022.00 g. Scott Brunson, Sanitation Director Class/Meeting: Iowa Society of Solid Waste Operations Destination: Cedar Rapids, IA Dates: October 5-6, 2021 Amount not to exceed: $375.00 2. LIQUOR LICENSES a. Aldi#33, 1918 Schukei Road Class: B Wine New Application Includes Sunday Expiration Date: 11/3/22021 b. Danny's on Donald, 1125 W. Donald Street Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 8/31/2022 C. Eventos VIP, 32 Lafayette Street Class: C Liquor New Application Includes Sunday Expiration Date: 9/19/2022 d. Kwik Star#569, 875 Fisher Drive Class: B Wine/C Beer Renewal Application Includes Sunday Expiration Date: 8/27/2022 e. Kwik Star#1004, 111 E. Donald Street Class: B Wine/C Beer Renewal Application Includes Sunday Expiration Date: 10/21/2022 3. APPOINTMENTS a. Ali Parrish Board/Commission:Planning, Programming, & Zoning Commission Expiration Date: October 4, 2024 New Appointment 4. Motion approving Change Order No. 19 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of $ 249,311, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 5. Motion approving Change Order No. 1 with Lodge Construction, Inc., of Clarksville, Page 5 of 394 Iowa, for a net increase of$47,885, in conjunction with the FY 2021 Westdale Bioswale, Contract No. 997, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Wayne Castle, PLS, PE,Associate Engineer 6. Motion approving Change Order No. 10 from WRH of South Amana, Iowa, for a net increase of $9,160, in conjunction with the Satellite Wet Well Rehabilitation Project, Contract No. 907, and authorizing the Mayor to execute said documents. Submitted By:Brad Manahl, Treatment Operations Supervisor 7. Motion approving Change Order No. 3 with Cardinal Construction Inc., of Waterloo, Iowa, for a net increase of $2,604, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 8. Motion approving Change Order No. 5 with Woodruff Construction, LLC, of Waterloo, Iowa, for a net decrease of $7,133, in conjunction with the Five Sullivan Brothers Convention Center 2020 Skywalk Improvements Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 9. Motion approving Change Order No. 20 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of $707, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 10. Motion approving Change Order No. 4 with Cardinal Construction Inc., of Waterloo, Iowa, for a net increase of $13,960, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 11. Cigarette/Tobacco Permit New Application for Neighborhood Mart, 2100 Lafayette Street. 12. Application for Recycling Yard License, Alter Trading Corporation DBA Alter Metal Recycling, 1500 W. Airline Highway. Submitted By:Kelley Felchle, City Clerk 13. Motion to approve Tobacco License for Prime Mart 3, located at 1008 LaPorte Road. Submitted By:Kelley Felchle, City Clerk 14. Motion to approve Tobacco License for BP Fuel, located at 127 Jefferson Street. Submitted By:Kelley Felchle, City Clerk 15. Motion to approve Tobacco License for King Star, located at 2035 E. Mitchell Avenue. Submitted By:Kelley Felchle, City Clerk 16. Bonds. PUBLIC HEARINGS 2. 2021 Gates Park and South Hills Irrigation Control System Updates. Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING -No Comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, etc., and authorizing to proceed. Page 6 of 394 Motion to receive, file, and instruct City Clerk to read bids. Resolution awarding bid to MTI Distributing of Brooklyn Center, Minnesota in the amount of $56,010.68, in conjunction with the purchase of the 2021 Gates Park and South Hills Irrigation Control System Updates. Submitted By: JB Bolger,Assistant Park Superintendent 3. FY 2022 Hyper Drive R.I.S.E. Project No. RM-8155(778)--9D-7, Contract No. 1051. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution awarding bid to Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $1,335,279.40, approving contract bonds and certificate of insurance, in conjunction with the FY 2022 Hyper Drive R.I.S.E. Project No. RM-8155(778)--9D-7, Contract No. 1051, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Matt Schindel,Associate Engineer 4. Highway 63 Sanitary Sewer Upgrades Phase 1 Project, Contract No. 1037. Motion to receive and file proof of publication and notice to public hearing. HOLD HEARING -No Comments on file., Motion to close Hearing receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to Waste Management Treatment Operations Supervisor. Submitted By: Brian Bowman, Treatment Operations Supervisor RESOLUTIONS 5. Resolution supporting the Waterloo 2030 Community Vision Plan. Submitted By: Mayor Quentin Hart 6. Resolution approving an Iowa Department of Transportation - via the Aviation Bureau, Grant Agreement, in the amount of$126,752, in conjunction with improvements to Hangars 3 and 4 at the Waterloo Regional Airport, Project No. P-I-220-ALO-200 and Contract No. 3345, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Keith Kaspari, Airport Director 7. Resolution approving a Professional Service Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $140,000, in conjunction with the Phase I Preliminary Engineering Report and Interim Repairs Anaerobic Lagoon Repair Project, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman,Treatment Operations Supervisor 8. Resolution approving a Professional Services Agreement with Strand Associates of Madison, Wisconsin, in an amount not to exceed $45,000, to provide design services for the Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation Project, and authorizing the Mayor to execute said document. Submitted By: Brad Manahl, Treatment Operations Supervisor Page 7 of 394 9. Resolution approving Ice Rental Rates Schedule for the 2021-2023 Seasons. Submitted By: Mark Gallagher, Recreation Superintendent 10. Resolution approving Second Amendment to a Lease Agreement with the State of Iowa, represented by the Iowa Armory Board, originally executed August 26, 2019, waiving requirements for the construction of parking and fencing improvements on the premises, within two years after the date of the Lease Agreement, for property located north of 3106 Airport Boulevard, and authorizing the Mayor and City Clerk to execute said documents. Submitted By:Noel Anderson, Community Planning and Development Director 11. Resolution approving an Early Access Agreement with Koelker Properties, LLC, to allow fill and earth-moving activities in preparation of development of the site west of 3180 West Airline Highway, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 12. Resolution concurring with the determination of the City Planner that the proposed changes to an approved site plan in the "M-2,P" Planned Industrial District, to enlarge an approved 170,000 square foot building to 200,364 square feet, and approve a second access point to Leversee Road, as minor, located east of 2322 Leversee Road. Submitted By:Noel Anderson, Community Planning and Development Director 13. Resolution approving award of Hotel/Motel Tax Council Discretionary Funds to the RiverLoop Association, Inc., in the amount of $15,000 for the Waterloo Urban Farmers Market 2021 season; the Leisure Services 2021-22 Golf Marketing Campaign in the amount of$10,000; the City of Waterloo SportsPlex 2021-2022 Marketing Campaign in the amount of $10,000; the Leisure Services 2021-2022 Event Shuttle in the amount of$15,768; and the Police Uniformed Police Presence at Events in the amount of$30,000. Submitted By: Michelle Weidner, Chief Financial Officer 14. Resolution approving a Development Agreement with Willie Outlaw for the construction of a new garage, located at properties formally known as 322 and 326 Crescent Place, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director ORDINANCES 15. An ordinance amending the 2020 Traffic Code by adding Subsection (157b) Greyhound Drive, both sides of street from West Ridgeway Avenue to Sergeant Road (Hwy. 63), to Section 551, Parking Prohibited At All Times On Certain Streets. Motion to receive, file, consider and pass for the second time an ordinance amending the 2020 Traffic Code by adding Subsection (157b) Greyhound Drive, both sides of street from West Ridgeway Avenue to Sergeant Road(Hwy. 63), to Section 551, Parking Prohibited At All Times On Certain Streets. Motion to suspend the rules. Motion to receive, file, consider and pass for the third time and adopt said ordinance. Submitted By: Sandie Greco, Traffic Operations Director ADJOURNMENT Motion to adjourn. Page 8 of 394 Kelley Felchle City Clerk MEETINGS 3:50 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Community Development Board Meeting minutes of August 2021. 2. Historic Preservation minutes of August 17, 2021. 3. Leisure Services Commission minutes of August 10, 2021. 4. Planning and Zoning minutes of August 10, 2021. 5. Airport Board Meeting Minutes of August 25, 2021. Page 9 of 394 CITY OF WATERLOO Council Communication Minutes of September 20, 2021, Regular Session, as proposed. City Council Meeting: 10/4/2021 Prepared: ATTACHMENTS: Description Type ❑ Minutes of September 20, 2021, Regular Session Backup Material Submitted by: Submitted By: Page 10 of 394 September 20, 2021 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, September 20, 2021. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Margaret Klein, Ward 1 Council Member 160447 - Juon/Grieder that the Agenda, as amended, by adding Item 1.B.2.i; Motion approving a Special Class C Liquor License with Outdoor Service, Sunday Sales, and extending the outdoor service area from 9/24/2021 to 9/26/2021, for Anton's Garden located at 518 Sycamore Street, expiring on April 30, 2022, in conjunction with 2021 Oktoberfest, and Item 1.A.8; Resolution approving a request by Dawn Klingfuss for a variance to the Noise Ordinance on Friday, October 1, 2021, from 4:00 p.m. —7:00 p.m., in conjunction with the Stop the Mandates Protest event to be held at Lincoln Park, including the use of bull horns, for the Regular Session on Monday, September 20, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 160448 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Tuesday, September 7, 2021, at 5:30 p.m., and the Special Session on Friday, September 10, 2021, be accepted and approved. Voice vote- Ayes: Seven. Motion carried. Proclamation declaring September 17-23, 2021 as Constitution Week. Proclamation declaring September 20-26, 2021 as Museums for All Week. PUBLIC COMMENTS Sheila Beal, 315 Gayle Street, commented that she attended the last council meeting to talk about the approach of her driveway. She stated that the contractors that came to her home did a poor job of leveling out the portion of her yard. Mayor Hart stated that the City Engineer would go out to review the contractor's work. Sharon Howard, 1237 Maxine Avenue, commented that she called Mr. Wilberding with the Water Works who came out on three different occasions and commented on items that needed to be fixed. Mayor Hart asked the City Engineer to follow up with Mrs. Howard. Dwayne Eilers, 1205 '/2 Bishop Street, commented that the city is running out every small business in Waterloo. He commented that Code Enforcement has been targeting him about violations but ignoring other violations. He stated that the community is being rundown by too many taxes, water fees, and sewer fees while the Mayor gets a raise and so that he can hire someone else to do his job for him. He stated that all his properties are up for sale and that he is done with Waterloo. Charles Daniel, 1461 Audubon, commented that people should search their hearts. He stated that America has been challenged over race and injustices following the death of George Floyd. Waterloo is in the news internationally about racism and it leaves a stain on the walls of our community and our nation. In order for us to deal with this, we need to have hard conversations and we need to build bridges and not walls. Rev. Franz Whitfield, 823 Adams St, Mt. Caramel Missionary Baptist Church, commented that their church is celebrating 100 years in existence. He stated that he is not here on behalf of the Mayor but on his own free will. He stated that recent articles and smear campaigns have risen from the community and he can no longer stay silent. He has seen billboards, letters to the editor, and news articles and believes that anyone who can tear the Mayor down like the way they have do not have a pure heart. He stated that he believes the Mayor is a real leader and that the newspapers and billboards are nonsense. He stated that the community is going to fight back with their votes. Helen Seenster, 4040 Homer Street, commented that she is a native to Waterloo and a business owner,but that she has been saddened to see leaders dividing the community. Change is hard to accept but when people get stuck in the past so much so that they cannot move forward it hurts the community. When Chief Fitzgerald came for interviews she sat on the panel and believed that he Page 11 of 394 September 20, 2021 Page 2 was qualified for the job at the time and still feels that same way. She explained people will not come here when they see the divisiveness. When people say the community doesn't have racism that is a joke. David Dryer, 3145 W. 4th Street, questioned if the police uniforms were not transported by Mr. Morrissey, Mr. Amos, and Mrs. Juon. He questioned if a waiver was signed and whether or not they completed the task. He asked that item 1.A.6 be removed. He further stated that this is a council meeting and not a time to campaign and the politics need to stay out of the meeting. Mr. Morrissey and Mrs. Juon both made comments that the uniforms have been transported by the volunteers. Charlie Donohue, 1305 Prospect Blvd., commented that he wanted to address the recent resignations made by members of the Waterloo Police Department. He shared that he has served with the Waterloo Police Department for over fifteen years and explained that he does not believe that the recent resignations we are seeing are part of the national trend, officers taking higher paying jobs, or any of the other reasons given. If this were a national trend, we would be seeing this in our surrounding cities. He is concerned that we are losing years of experience and there may be more to come. Todd Obadal, 124 Amity Drive, thanked everyone for speaking tonight and said that having hard difficult conversations is a very healthy thing for a community, and to have difficult conversations requires listening to an opinion different from your own. We do not want to drive a community apart simply based on a point of view or a political preference. He stated that it is inappropriate for the podium to be used for political purposes and that it should be used for city business. He commented on racism and stated that his own motivation is for the betterment of our community and for us coming together, even when we disagree. He commented on an exchange that took place two weeks ago regarding the differences between the griffin and the Scottish lion. He stated that some of those who supported the removal of the griffin were part of the Demoralize, Defund, Disarm and Disband movement, and that he stands against that. LaTonya Graves, 607 E. Donald Street, commented that she is the President of the Black Hawk County NAACP and stated that they fight racism and injustice in the community. She explained that she was on the committee that was formed to review different designs and she takes offense to those who have said that the committee was dysfunctional. The NAACP is not against the police department or the sheriff's department. The NAACP is about unifying the community and that is what we need to do because the young people are looking at us, and to us for answers. Sophia Mays, commented that she has lived in Waterloo for a very long time and a lot of people are not happy with what is going on in Waterloo. She stated that she does not agree with a lot of things that Mayor Hart does. There is a lot of things going on in the news and a lot of things that are not in the news that go on that people have no idea about. She stated that the leadership is taking the city in the wrong direction. She stated that she has talked to people of many different races and there are a lot of things that need to be addressed aside from the griffin symbol. A lot of people are not in agreement with the leadership and that it is time for Mayor Hart to step down. Mrs. Juon shared that the city has received very positive local, state and national recognition. Our Mayor was recently been selected for the East High School Hall of Fame, he just finished his year as President of the Iowa League of Cities, and has been selected by the Impact Network for a Trailblazer award. Mr. Boesen requested a time table of when the University Avenue project started and when it will be wrapped up because it seems that all three phases are under construction at the same time. Jamie Knutson, City Engineer, explained that he does not have the start dates immediately available, but could provide that tomorrow via email. He provided an overview of the phases and stated that everything from Fletcher to Ansborough should be wrapped up by October and final acceptance by council should be expected in the next couple of months. Mr. Boesen commented that last week he asked the CFO for figures on where the city is at with ATE revenue for the year. He shared that the projected shortfall for the year is $341,000 and questioned how the Axon bill will be paid. Page 12 of 394 September 20, 2021 Page 3 Chief Fitzgerald commented that he has not had much of a chance to review the figures yet as he received them at 4:11 p.m. He noted that though the projection are for a fiscal year, he believes the goals can still be met. Mr. Boesen questioned what the plan would be if we do not meet the projection. Chief Fitzgerald explained that he and the Chief Financial Officer would need to talk before he can answer that. Mr. Boesen commented that it eventually falls on the shoulders of the council if there is a shortfall and that is what worries him. Chief Fitzgerald commented that he is not planning to fail. Mr. Boesen asked for clarification of the Operational Guidelines on Uniforms regarding inappropriate clothing which states, 'at no time while representing the Waterloo Police Department, on or off duty, will an employee wear clothing displaying offensives or expletives', and requested the definition of offensives. Chief Fitzgerald commented that there are standards with regard to objectionable material that many police departments also have, and can be enforced. Mr. Boesen questioned if the Griffin would be considered offensive. Mayor Hart commented that this matter will be taken into consideration and discussed internally. Mr. Boesen commented that he has been inundated with calls, texts and emails since the AP article came out and that he is truly disappointed with the article. He said he believes that there is a degree of racism in this community, as there is nationwide. But does not believe that questioning management and challenging policies automatically makes anyone racist, and in saying so opens us up to lawsuits. He said the article has been broadcasted nationwide and he is extremely disappointed that this city was shed in such a negative light. 160449 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 160450 - Juon/Grieder that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated September 13, 2021, in the amount of$3,828,757.49 and September 20, 2021, in the amount $2,543,842.13, 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. 2021-614. 2. Reseltiti .. . g a r-eeeffing Master-Equity Lease Agreement fer-FY 2023, wi Enterprise Leasing of Water400, lowa, to lease twen4y three (23) vehieles for-poliee adminis4ative and investigative staff-, and atither-izing the Mayef-and City Gler-k to exeet4e sa'.�sid c eetff rent. Resolution adopted and upon appfaval by Mayof assigned No. 2021 3. Resolution approving the request of Main Street Waterloo and the Waterloo Community Schools for a variance to the Noise Ordinance on September 28, 2021 from 9:30 a.m. to Page 13 of 394 September 20, 2021 Page 4 Noon, in conjunction with the Mayor's Fun Run event to be held at the Riverloop Expo Grounds with the use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2021-615. 4. Resolution approving request of Ronald Davis for a waiver for a concrete driveway, located at 903 Kingsley Avenue (approach on Drexel Avenue), and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2021-616. 5. Resolution approving request of Brad Taylor for a waiver for a concrete driveway, located at 1355 Campbell Avenue, with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2021-617. 6. Resolution setting date of p4he hearing as Oeteber- 18, 2021 on the proposed isstianee of not to exeeed$14,500,000 general Obli a4ie,, r Tfba- Renewal Bonds f an Essential rteo.,,otute Ptif ose (ECP UR i and instmet the City Gler-k to publish notiee Resolution adopted and upon appr-eval by Mayor-assigned No. 2021 7. Resolution approving renewal of Crime and Fidelity insurance, effective September 15, 2021, in the amount of$3,741.00. Resolution adopted and upon approval by Mayor assigned No. 2021-618. 8. Resolution approving a request by Dawn Klingfuss for a variance to the Noise Ordinance on Friday, October 1, 2021, from 4:00 p.m. —7:00 p.m., in conjunction with the Stop the Mandates Protest event to be held at Lincoln Park, including the use of bull horns. Resolution adopted and upon approval by Mayor assigned No. 2021-619. b. Motion to approve the following: 1 Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed Rusty Zey, Randy Live Aircraft Fire - Hot Eastern September 9- $1,800.00 a. Shepard, Troy Deeds, Burn Training Iowa 10, 2021 Chris Preston; Airport Airport, Ops/ARFF Personnel Cedar Rapids, IA b. Rusty Zey, Randy Annual Wildlife Waterloo TBD in $500.00 Shepard, Troy Deeds, Training Regional October 2021 Chris Preston; Airport Airport Ops/ARFF Personnel c. Medical Officers: Critical Care Paramedic Hawkeye September 13, $2,275.00 Travis Ihnen, Ben Provider Hybrid Course Community 2021 - Smith, and Greg College/ December 13, Stewart and Online 2021 Paramedics: Kyle Fuller,Neal Caughron, Dwight Paul and Ben Lowe d. *Amended* Ben Smith, Emergency Medical Atlanta, GA October 4-8, $3,270.00 Medical Officer/Jason Services World Expo 2021 (Amended Request) Page 14 of 394 September 20, 2021 Page 5 Hernandez, Medical Supervisor e. Chief Fitzgerald Operating While Johnston, IA October 6-8, $1,256.00 Intoxicated/Standardized 2021 Field SobrietyTesting and Iowa Law Enforcement Emergency Care Provider Certification f. Chief Fitzgerald and Testing Through Waterloo, October 1, $3,150.00 Officer Sager Examination(ILEA) IA 2021 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunday a. Kwik Star#724, 1105 Cedar B Native Wine/C Beer Renewal 7/21/2022 x Bend Drive b. Locke at Tower Park, 4140 C Liquor w/Outdoor New 9/30/2022 x Kimball Avenue Service c. Longhorn Steakhouse#5374, C Liquor Renewal 8/31/2022 x 1425 E. San Marnan Drive d. Narey's 19th Hole, 2073 C Liquor Renewal 8/22/2022 Logan Avenue e. Rudy's Tacos-Beer Hall-Lava C Liquor w/Outdoor Renewal 9/27/2022 Lounge, 2401 Falls Avenue Service f. Three Amigos Family C Liquor Renewal 8/24/2022 x Restaurant, 2820 Falls Avenue g. Wal-Mart Supercenter B Wine/C Beer/E Renewal 9/30/2022 x #1496, 1334 Flammang Liquor Drive h. WCA Building and Special C Liquor Renewal 6/21/2022 x Amphitheatre, 225 w/Outdoor Service Commercial Street 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re-Appointment Samir Sarkic Electrical Examiners & September 24, 2024 Re-Appointment Appeals Board Mark Myers Electrical Examiners & September 24, 2024 Re-Appointment Appeals Board Patrisha Serfling Planning, Programming & September 24, 2024 Re-Appointment Zoning Commission Steve Trost Planning, Programming & September 4, 2024 Re-Appointment Zoning Commission 4. Recommendation of appointment of Ben Wagner to the position of GIS Coordinator in the Technology Services Department effective October 4, 2021. 5. Recommendation of appointment of Justin Harrold, from the current Civil Service List,to the position of Equipment Operator I in the Street Department, effective October 5, 2021, pending completion of physical and drug testing. 6. Motion approving Change Order No. 17 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of$4,833, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Page 15 of 394 September 20, 2021 Page 6 7. Motio" Change Order-No. 2 with Cardinal Constiuetion ine., of Watefloo, lowa, for- a net increase of $5,0241 in e0n#1110tien with the Five SulliNa-n Brothers Convention Center 2nd FlooF Renovation Pr-ojeet, and authorizing the Mayof to exeetite said doenment. 8. Motion approving Change Order No. 1 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of$2,788.88, in conjunction with the FY 2021 Shaulis Road Trail Extension-Phase II(TAP- U-8155(766)-8I-07), Contract No. 1012, and authorizing the Mayor and City Clerk to execute said document. 9. Motion to approve Solicitation Registration Application by David Grimm on behalf of Disabled American Veterans Chapter 11, to raise funds for the Iowa Veteran's Home, purchase food cards for Christmas,publications for distribution and to support Chapter operations. 10. Exception to Buming Yard Waste Application submitted by UAW 838 United Aute Workers,to only elean hard wood using 55 gallon steel dfum bnm ba-ffels at leeations shown in the attaeliment, from OetobeF 1 thfough the winter-of 2024-. 11. Bonds. Roll call vote-Ayes: Seven. Motion carried. 160451 - Boesen/Grieder I.A.2 Resolution approving a recurring Master Equity Lease Agreement for FY 2023,with Enterprise Leasing of Waterloo, Iowa, to lease twenty-three (23) vehicles for police administrative and investigative staff,and authorizing the Mayor and City Clerk to execute said document. Roll call vote- Ayes: Seven. Motion carried. Mr. Boesen questioned the reason for requesting approval to extend this agreement into FY23 when we have not even determined if we will break-even under the current agreement, or what it will cost US. Chief Fitzgerald provided an update of the status of the current agreement and stated that he anticipates a higher return on value at this time. Resolution adopted and upon approval by Mayor assigned No. 2021-620. 160452 - Feuss/Grieder I.A.6 Resolution setting date of public hearing as October 18, 2021 on the proposed issuance of not to exceed$14,500,000 General Obligation Urban Renewal Bonds for an Essential Corporate Purpose (ECP-UR-1), and instruct the City Clerk to publish notice. Roll call vote-Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, requested an overview on how the money will be spent. Michelle Weidner, Chief Financial Officer, provided an overview of the agenda item. She explained this action is to be used as a grant for the developer building the theme park. Resolution adopted and upon approval by Mayor assigned No. 2021-621. 160453 - Boesen/Feuss 7. Motion approving Change Order No. 2 with Cardinal Construction Inc., of Waterloo, Iowa, for a net increase of$5,024, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project,and authorizing the Mayor to execute said document. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen questioned why partition walls were not included in the initial bid. Noel Anderson, Community Planning and Development Director, explained that it was included in the bid, but once they started to tear back some of the existing building, they were unable to get a Page 16 of 394 September 20, 2021 Page 7 curtain system that would match up with the steel framework, so it was necessary to modify the existing design. 160454 - Boesen/Amos 10. Exception to Burning Yard Waste Application submitted by UAW 838 United Auto Workers, to burn only clean hard wood using 55-gallon steel drum burn barrels at locations shown in the attachment,from October 1 through the winter of 2021. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen requested an overview of the item. Pat Treloar, Fire Chief, commented that UAW 838 reached out on the legality of placing burn barrels, in anticipation of a strike. The Chief commented that through this permit process along with additional restrictions put in place by the fire department, he is comfortable with the request. PUBLIC HEARINGS 160455 - Morrissey/Grieder that proof of publication of notice of public hearing on a request by Albert Meeks Sr. to vacate 59 linear feet of public sidewalk, at 1139 Logan Avenue, located in the "R-2" One and Two Family Residence District, as published in the Waterloo Courier on September 10, 2021, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 160456 - Morrissey/Grieder that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 160457 - Morrissey/Grieder that"an ordinance approving a request by Albert Meeks Sr. to vacate 59 linear feet of public sidewalk at 1139 Logan Avenue, located in the "R-2" One and Two Family Residence District and authorizing the mayor and city clerk to execute said documents",be received,placed on file,considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 160458 - Morrissey/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 160459 - Morrissey/Grieder that"an ordinance approving a request by Albert Meeks Sr. to vacate 59 linear feet of public sidewalk at 1139 Logan Avenue, located in the "R-2" One and Two Family Residence District and authorizing the mayor and city clerk to execute said documents", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5615. 160460 - Amos/Grieder that proof of publication of notice of public hearing on a request by City of Waterloo to vacate, sell and convey 0.48 acres of City owned right-of-way at south of 3338 W Airline Highway, in the amount of$12,005.84, to the Plumb Supply Company, as published in the Waterloo Courier on September 10, 2021,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Page 17 of 394 September 20, 2021 Page 8 160461 - Amos/Grieder that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 160462 - Amos/Grieder that "an ordinance vacating 0.48 acres of City owned right-of-way at South of 3338 W Airline Highway for $12,005.84, plus costs to Plumb Supply Company", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 160463 - Amos/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 160464 - Amos/Grieder that "an ordinance vacating 0.48 acres of City owned right-of-way at South of 3338 W Airline Highway for $12,005.84, plus costs to Plumb Supply Company", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5616. 160465 - Amos/Grieder that "Resolution approving the sale and conveyance of 0.48 acres of City owned right-of-way, in the amount of $12,005.84, to Plumb Supply Company, and authorizing the Mayor to execute said documents", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-622. Mr. Morrissey commented that the Five Sullivan Brothers Convention Center Plaza Renovation Project Hearing was cancelled. 160466 - Morrissey/Amos that proof of publication of notice of public hearing on Adoption of the Schoitz Urban Renewal and Redevelopment Plan, as published in the Waterloo Courier on September 7, 2021, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4ffi Street, questioned if the city owned this property and why the city did not buy the GMAC building. He questioned if this property is in an existing TIF district and stated that the city cannot afford to continue purchasing properties this way and survive. Noel Anderson, Community Planning and Development Director, explained that this is the next step in creating a TIF district and stated that the city is not purchasing the site, nor did the city purchase the former GMAC site or Crossroads. He then provided an overview of the item. 160467 - Morrissey/Amos that the hearing be closed and oral comments, and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 160468 - Morrissey/Amos that "Resolution determining an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Page 18 of 394 September 20, 2021 Page 9 Resolution adopted and upon approval by Mayor assigned No. 2021-623. 160469 - Morrissey/Amos that"an ordinance providing that general property taxes levied and collected each year on all property located with the newly described Schoitz Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project",be received,placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 160470 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 160471 - Morrissey/Amos that"an ordinance providing that general property taxes levied and collected each year on all property located with the newly described Schoitz Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5617. 160472 - Morrissey/Amos that proof of publication of notice of public hearing on Request by City of Waterloo for sale and conveyance of city owned property, identified as parcel No. 8913-26-459-020 (formerly 811 Williston), to David S. Grimm and Dalen A. Grimm, in the amount of$1.00, including a Development Agreement, for the construction of a 400 square foot detached garage, as published in the Waterloo Courier on September 10, 2021, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Dwayne Eilers, 1205 1/2 Bishop Street, questioned why the city is selling by$1.00 rather than per square foot. Noel Anderson, Community Planning and Development Director, provided an overview of the item. Dwayne Eilers questioned why this is not done all the way down the line with everything. Noel Anderson provided an explanation of the process. Dwayne Eilers questioned if the property adjoins their current property. Noel Anderson confirmed. 160473 - Morrissey/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 160474 - Morrissey/Amos Page 19 of 394 September 20, 2021 Page 10 that"Resolution authorizing the sale and conveyance of a portion of City owned property to David S. Grimm and Dalen A. Grimm in the amount of$1.00, for property that was formerly 811 Williston Avenue, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-624. 160475 - Morrissey/Amos that"Resolution approving a development agreement with David S. Grimm and Dalen A. Grimm for the construction of a 400 square foot detached garage, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-625. RESOLUTIONS 160476 - Klein/Feuss that"Resolution approving the FY 2022 Air Service Development Program Grant Agreement with the Iowa Department of Transportation, in the amount of $48,000 or 80-Percent of an 80/20 funding allocation, with the City share of approximately $12,000, for marketing and advertising of the Waterloo Regional Airport and American Airlines, and authorizing the Mayor and Airport Director to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-626. 160477 - Klein/Feuss that"Resolution approving Amendment No. 1 to the award of bid with Restoration Services, Inc., of Waterloo, Iowa, originally approved by council April 19, 2021, for a net increase in the amount of $20,500, in conjunction with the Waterloo Public Library Exterior Facade Repair", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey requested an overview of the item. Noel Anderson, Community Planning and Development Director, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2021-627. 160478 - Klein/Feuss that "Resolution approving a supplement to the Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, originally executed February 1, 2021, in an amount not to exceed $1,201.53, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-628. 160479 - Feuss/Grieder that "Resolution approving a Right-of-Way License Agreement with USCOC of Greater Iowa, LLC, to allow use of city right-of-way for a communication system, and authorizing the Mayor to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned whom he could contact to level the area disturbed around the box located on his property on 4th Street, in accordance with the ordinance, so that he can continue to mow there. Jamie Knutson, City Engineer, commented that staff have contacted the company and told them that they need to fix the fill dirt around the box. Page 20 of 394 September 20, 2021 Page 11 Resolution adopted and upon approval by Mayor assigned No. 2021-629. 160480 - Feuss/Grieder that "Resolution approving Small Cell Wireless Facility Fee Schedule", be adopted. Roll call vote- Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-630. 160481 - Feuss/Grieder that "Resolution approving Memorandum of Understanding with the Chicago Central & Pacific Railroad Company, in an amount not to exceed $20,000.00, to facilitate the construction of the 11th Street Bridge, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-631. 160482 - Amos/Grieder that "Resolution approving a Design Services Contract with Invision Planning, Architecture and Interiors, of Waterloo,Iowa, in conjunction with the Waterloo Public Works Facility Planning Project, in an amount not to exceed$12,000, and authorizing Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-632. 160483 - Amos/Grieder that"Resolution approving request to purchase five(5)2021 Ford Explorer Police AWD,4-door SUVs from Stivers Ford of Waukee, Iowa, from the current open bid originally awarded by Council on April 8,2019,in the amount of$35,088 each,for a total of$175,440,for the Police Department",be adopted. Roll call vote-Ayes: Seven. Motion carried. Jeff Essmann, Crestridge Drive, questioned why the city is purchasing vehicles from Waukee, Iowa when we have Ford dealers in both Waterloo and Hudson. Randy Bennett,Public Works Division Manager,commented that the bid being utilized is from a 2019 state bid. He explained there are times that they would still purchase locally depending on available funds. Mr. Boesen requested clarification of the 2021-2026 strategic plan which called for trying out three different vehicles and questioned if that decision would be delayed another year. Randy Bennett explained that trying additional vehicles would be delayed for another year as they capitalize on the 2019 pricing. Resolution adopted and upon approval by Mayor assigned No. 2021-633. 160484 - Amos/Grieder that"Resolution approving Supplemental Agreement No. 3 to a Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, originally approved on September 8, 2020, in an amount not to exceed $1,945,600, in conjunction with the Park Avenue and 11th Street Bridge Replacements, Contract No. 1013, and authorizing the Mayor to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-634. 160485 - Grieder/Boesen that "Resolution approving installation of a 25 MPH speed hump in the 1500 block of Oakwood Drive", be adopted. Roll call vote-Ayes: Seven. Motion carried. Page 21 of 394 September 20, 2021 Page 12 Resolution adopted and upon approval by Mayor assigned No. 2021-635. 160486 - Grieder/Boesen that"Resolution accepting two Quit Claim Deeds from the Iowa Department of Transportation for the conveyance of 0.15 acres and 0.40 acres of right-of-way, better suited to ownership by the City of Waterloo, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey requested an overview of the item. Noel Anderson explained why the city was accepting the Quit Claim Deeds. Resolution adopted and upon approval by Mayor assigned No. 2021-636. 160487 - Grieder/Boesen that"Resolution approving a Development Agreement with Hoss Builders, LLC, for the construction of an infill lot on Lois Lane, including $5,000 in payment incentive upon completion of new home, and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen commented that he believes that the city has moved away from the original concept of infill development and explained the changes he has observed. Furthermore, he requested a work session on infill development. Resolution adopted and upon approval by Mayor assigned No. 2021-637. 160488 - Boesen/Feuss that "Resolution approving a Minor Site Plan Amendment to the "S-1" Shopping Center District to allow Hy-Vee on Flammang Drive to construct a 1,200 sq. ft. addition, for Hy-Vee Aisles Online pickup area on the west side of the current building, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-638. 160489 - Boesen/Feuss that "Resolution approving an Amendment to the Development Agreement with Paramount Investments, LLC, originally executed February 17, 2014, to clarify payment rebates, for a project located at 301-311 East 3rd Street, and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-639. 160490 - Boesen/Feuss that "Resolution approving a Settlement Agreement and Release with Zachary Beschorner, in the amount of$7,227.85, for repairs on a sewer line serving 1103 Commercial Street, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-640. ORDINANCES 160491 - Morrissey/Amos that "an ordinance amending the 2020 Traffic Code by adding Subsection (157b) Greyhound Drive, both sides of street from West Ridgeway Avenue to Sergeant Road(Hwy. 63),to Section 551,Parking Page 22 of 394 September 20, 2021 Page 13 Prohibited At All Times On Certain Streets", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. Jeff Eassmann, Crestridge Drive, commented that that truckers need a place to stop and park. If truck drivers don't have a place to park and sleep then accidents can happen. He stated that the federal government requires drivers to only put in so many hours of service and the city badly needs places to park. Sandie Greco, Traffic Operations Direction, commented that several departments within the city have received a number of complaints due to safety reasons, and she has been contacted by the developer asking that the city to prohibit parking. Letters have gone out to all businesses in the area but she has not received any responses. Forest Dillavou, 1725 Huntington Road,commented that it is not a problem for drivers to have truckers parked along the side of the road. He stated that the drivers need a place a park and that the city or developer should create a place to park. Todd Obadal, 124 Amity Drive, commented that he has not had any problem navigating the road with semi-trucks parked on both sides. He believes the developer is the driver behind wanting to convert this road into a no parking zone. Mr. Boesen commented that the city needs to work with Love's because the city allowed a truck stop to go into a postage stamp sized lot. He provided several examples of issues that have been created by giving Love's a very small lot. Mrs. Juon questioned if the city has any other land around that location that it could use to help work with Love's. Noel Anderson explained that the land is owned by private developers and the city does not own any other land in that area. The city would like to work with Love's to help find a solution. He stated that he has placed four calls in the last two weeks to Love's but has not heard back. Mr. Grieder requested clarification that this does not affect the truck stop itself, but those who are parking on the roadways. Sandie Greco confirmed. Mr. Boesen commented that he would like to postpone this item until the city can get into contact with Love's and work out a solution to parking. Noel Anderson commented that he has been unable to reach anyone at Love's, but will continue to try. Mr.Amos commented that since the code allows for three readings, and since council meets every two weeks, that it should allow time for Mr. Anderson to try to work something out with Love's. Sandie Greco commented that they would like to work with the company but noted that winter is approaching and parking on the street does impact snow removal efforts. Mr. Morrissey questioned if parking could be allowed on one side of the street. Sandie Greco commented that they would need to look into that but it would still impact snow removal. Mrs. Klein commented that she drives this area frequently and does not see the issue with parking. She added that she has a family member who is a trucker and the 10 hour rule imposed by the federal government is a real issue. She stated that she agrees with Mr. Morrissey and Mr. Boesen that she would like to see the city work with the truckers. Mrs. Juon commented that Love's was the professional and should have known that 60 lots was not sufficient. 160492 - Morrissey/Amos Page 23 of 394 September 20, 2021 Page 14 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Zero. Nays: Seven (Boesen, Amos, Morrissey, Klein, Feuss, Grieder, and Juon). Motion failed. ADJOURNMENT 160493 - Morrissey/Amos that the Council adjourn at 7:41 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 24 of 394 i';�������PRROC�LAAtM�ATTIIOONN��� CITY OF WATERLOO, IOWA MiMAS, the city of Waterloo is committed to ensuring the safety and security of all those living in and visiting Waterloo; and MBE S, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and YIEREAS, home fires killed more than 2,770 people in the United States in 2019, according to the National Fire Protection Association® (NFPA®), and fire departments in the United States responded to 339,500 home fires,and YlVE$EAS, smoke alarms sense smoke well before you can, alerting you to danger in the event of fire in which you may have as little as 2 minutes to escape safely; and working smoke alarms cut the risk of dying in reported home fires in half, and WHEREAS, Waterloo residents should be sure everyone in the home understands the sounds of the alarms and knows how to respond;and INIIEREAS, Waterloo residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and Y HERR-M, Waterloo residents will make sure their smoke and CO alarms meet the needs of all their family members, including those with sensory or physical disabilities; and YEAS, Waterloo first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education;and Waterloo residents are responsive to public education measures are better able to take personal steps to increase their safety from fire, especially in their homes; and INIEME 4,S, the 2021 Fire Prevention Week theme, "Learn the Sounds of Fire Safety" effectively serves to remind us it is important to learn the different sounds of smoke and carbon monoxide alarms. NOW, TEMWOM I Quentin Hart, of Waterloo do hereby proclaim October 3-9, 2021, as FIS PREAMON %%EK throughout this state, and I urge all the people of Waterloo to "Learn the Sounds of Fire Safety" for Fire Prevention Week 2021 and to support the many public safety activities and efforts of Waterloo's fire and emergency services. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 4th day of October 2021. ATTEST: Kelley Felc Quentin Hart Citv Clerk Mavor O O Page 25 of 394 CITY OF WATERLOO Council Communication Resolution approving the FY21 Consolidated Annual Performance and Evaluation Report(CAPER) for CDBG and HOME program activities, for the period of July 1, 2020 through June 30, 2021, to the United States Department of Housing and Urban Development. City Council Meeting: 10/4/2021 Prepared: 8/18/2021 ATTACHMENTS: Description Type ❑ FY21 CAPER Backup Material Resolution approving the FY21 Consolidated Annual Performance and SUBJECT: Evaluation Report(CAPER) for CDBG and HOME program activities. for the period of July 1, 2020 through June 30, 2021, to the United States Department of Housing and Urban Development. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: approval to submit Page 26 of 394 CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) Waterloo Community Development Programs focuses on the use of its Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funding provided through the U.S. Department of Housing and Urban Development ("HUD").The information contained in this Consolidated Annual Performance and Evaluation Report ("CAPER") provides assessment of the City's progress towards meeting the stated goals and objectives stated in the 2019-2023 Consolidated Plan and the One Year Action Plan goals and objectives for Program Year("PY") 2020.The CAPER reports on the City's fiscal year July 1, 2020 through June 30, 2021 for the following federal formula grant programs: • Community Development Block Grant ("CDBG") • HOME Investment Partnership Program ("HOME") The City of Waterloo is the designated lead entity for the Waterloo/Cedar Falls HOME Consortium.The Consortium allows the two local governments to join together in order to receive HOME funding for affordable housing.This allows both cities to benefit from the HOME Investment Partnership funding that each city would not otherwise qualify for under the formula criteria.The City of Waterloo has set forth the following goals according to the community's needs in the Strategic and Annual Plan: • Provide decent housing in the community by preserving and providing new affordable housing, reducing barriers to housing, increasing supportive housing for those with special needs, and transitioning homeless persons and families into housing. • Provide suitable living environments by eliminating slums and blight, create safer and more resilient neighborhoods, integrate of low and moderate income residents in both communities with housing opportunities, improve access to public services and facilities, and reinvest in deteriorating neighborhoods. • Expand economic opportunities through more jobs paying self-sufficient wages, homeownership opportunities, improving access to employment, development activities that promote long-term community viability, and the empowerment of low and moderate income person to achieve self-sufficiency through public services and other means. CAPER 1 OMB Control No:2506-0117(exp.09/30/2021) Page 27 of 394 CDBG and HOME funding supported these goals through the Emergency Repair Program, Owner Occupied Rehabilitation Program, Iowa Heartland Habitat for Humanity Walnut and Chruch Row Neighborhood Projects, Iowa Heartland Habitat For Humanity CHDO New Construction Project, First Time Homebuyer Down Payment Assistance, and public services such as Northeast Iowa Food Bank,The Salvation Army Homeless Shelters, Iowa Legal Aid and Neighborhood Services. The Coronavirus Aid, Relief, and Economic Security Act, (CARES Act) provided CDBG-CV funding to prepare for, prevent and respond to the Coronavirus pandemic. Round 1 funding provided services to the Salvation Army for additional shelter staffing,the Northeast Iowa Food Bank for an increase in the number of households experienceing food insecurity, East Side Ministerial Alliance and The Jesse Cosby Neighborhood Center for rental assistance, Operation Threshold for utility assistance, Grin and Grow Daycare to assist with a budget shortfall caused by the pandemic, Small Business Assistance, and Emergency Repairs for households experiencing hardship due to COIVD-19. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Goal Category Source/ Indicator Unit of Expected Actual— Percent Expected Actual— Percent Amount Measure — Strategic Complete — Program Complete Strategic Plan Program Year Plan Year Household Acquisition of Affordable Homeowner Housing Real Property Housing HOME: $ Added Housing 0 0 2 0 0.00% Unit Household Acquisition of Affordable Homeowner Housing HOME: $ Housing 4 0 Real Property Housing Rehabilitated Unit 0.00% Clearance and Non-Housing CDBG: $ Community / HOME: Buildings Demolished Buildings 5 0 5 0 Demolition 0.00% 0.00% Development $ CAPER 2 OMB Control No:2506-0117(exp.09/30/2021) Page 28 of 394 Deposit Affordable Tenant-based rental Households Assistance Housing HOME: $ assistance/ Rapid 125 0 Assisted 0.00% Program Homeless Rehousing Affordable HOME: $ Homeowner Housing Household Homeownership Housing 10 1 2 1 Housing 64,142 Added 10.00% 50.00% Unit Direct Financial Affordable HOME: Households Homeownership Assistance to 30 3 Housing $37,715 Assisted 10.00% Homebuyers Housing Affordable CDBG: $ Rental units Household / HOME: Housing 60 0 10 0 Rehabilitation Housing rehabilitated 0.00% 0.00% $ Unit CDBG: $ Household Housing Affordable 159,443/ Homeowner Housing Housing 110 43 25 21 Rehabilitation Housing HOME: Rehabilitated 39.09% 84.00% $133,432 Unit Public service Non-Housing activities other than Neighborhood CDBG: Persons Community Low/Moderate 2500 5335 500 500 Services $85,599 Assisted 213.40% 100.00% Development Income Housing Benefit Affordable Housing New Homeless Household Construction of Non- HOME: $ Rental units Housing 6 0 constructed 0.00% Rental Housing Homeless Unit Special Needs CAPER 3 OMB Control No:2506-0117(exp.09/30/2021) Page 29 of 394 Owner Occupied Household Affordable CDBG: Homeowner Housing Emergency Housing 60 61 20 39 Housing $250,940 Rehabilitated 101.67% 195.00% Repair Unit Public Facility or Infrastructure Public Facilities Non-Housing CDBG: $ Activities other than Persons and Community / HOME: Low/Moderate Assisted 5000 0 0.00% Improvements Development $ Income Housing Benefit Affordable Housing Homeless Public service Non- CDBG: activities other than Homeless $272,109 Persons Public Services Low/Moderate 3000 17765 500 17729 Special Income Housing Assisted 592.17% 3,545.80% Needs Benefit Non-Housing Community Development Affordable Housing Homeless Public service Non- activities for Homeless Households Public Services CDBG: $ Low/Moderate 100 0 Special Assisted 0.00% Income Housing Needs Benefit Non-Housing Community Development CAPER 4 OMB Control No:2506-0117(exp.09/30/2021) Page 30 of 394 Affordable Housing Homeless Non- Homeless CDBG: Homeless Person Persons Public Services 200 64 50 64 Special $33,041 Overnight Shelter Assisted 32.00% 128.00% Needs Non-Housing Community Development Affordable Housing Homeless Non- Overnight/Emergency Public Services Homeless CDBG: $ Shelter/Transitional Beds 40 0 40 0 Special 0.00% 0.00% Housing Beds added Needs Non-Housing Community Development Affordable Housing Homeless Non- Homeless Homelessness Persons Public Services CDBG: $ 50 36 10 0 Special Prevention Assisted 72.00% 0.00% Needs Non-Housing Community Development CAPER 5 OMB Control No:2506-0117(exp.09/30/2021) Page 31 of 394 Small Business Non-Housing CDBG: Businesses Community Businesses assisted 50 2 Assistance $10,000 Assisted 4.00% Development Table 1-Accomplishments—Program Year&Strategic Plan to Date Assess how the jurisdiction's use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. CDBG and HOME funding was used to address our highest priority need to provide decent housing in the community by preserving and providing new affordable housing through the following programs: • Emergency Repair Program-This program provided 19 households with emergency repairs assistance. 2 roof repairs,4 plumbing repairs, 2 electrical repairs,4 furnace/A/C replacements, 2 sewer line repairs, 3 water service repairs and 2 water heater replacements. CDBG funding also provided 17 low/moderate income households with roof replacements. 3 households were aslo assisted with CDBG- CV funds for 2 roof replacements and a chair lift. • Owner Occupied Rehabilitation Program-The rehabilitation program provided households receiving assistance through our Lead Hazard Remediation Program to receive additional work to the home that is not eligible through Lead Hazard Remediation. CDBG funding was also used as match funding for the Lead Hazard Remediation Grant. CDBG funds provided match or additional rehabilitation funds to 12 of our 26 Lead Grant recipients. HOME funds were used to assist 5 households with owner occupied rehabilitation assistance. • Iowa Heartland Habitat for Humanity Walnut and Church Row Neighborhood Projects-The Critical Repair Program provided 4 households with repairs. Each household received a repair ranging from a roof; paint and new steps; a furnace; and a new front door, steps and sidewalk. • Iowa Heartland Habitat for Humanity, Community Housing Development Organization (CHDO), New Construction Project-One new construction home was built to be sold to a low/moderate income family. • First Time Homebuyer Down Payment Assitance-3 low/moderate income households received direct homebuyer assistance to purchase affordable housing. CAPER 6 OMB Control No:2506-0117(exp.09/30/2021) Page 32 of 394 CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG HOME White 35,121 5 Black or African American 15,731 3 Asian 1,404 0 American Indian or American Native 286 0 Native Hawaiian or Other Pacific Islander 930 0 Total 53,472 8 Hispanic 1,064 0 Not Hispanic 52,408 8 Table 2—Table of assistance to racial and ethnic populations by source of funds Narrative The numbers listed in the tables are generated through accomplishements data entered into each activity in IDIS.The following race and ethnicity data was not included in the tables above as the accompllishments were not reported prior to generating the CAPER. RACE- Black/African American and White=9; Other Multi-racial=9; ETHNICITY- Non-Hispanic= 18. CAPER 7 OMB Control No:2506-0117(exp.09/30/2021) Page 33 of 394 CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG public-federal 1,254,768 795,149 HOME public-federal 842,238 351,339 Other public-federal 737,227 182,261 Table 3-Resources Made Available Narrative Resources made available includes: CDBG Funding $1,991,995 $1,253,026 PY20 Grant Funds $1,742 Program Income HOME Funding$842,140 $486,672 PY20 Grant Funding $6,800 Program Income $348,668 Prior Year Resources Other- $737,227 CARES Act. Rnd 1 CAPER 8 OMB Control No:2506-0117(exp.09/30/2021) Page 34 of 394 Identify the geographic distribution and location of investments Target Area Planned Percentage of Actual Percentage of Narrative Description Allocation Allocation The project will be done in the city Citywide 100 100 limits. NEIGHBORHOOD REVITALIZATION STRATEGY AREA Table 4—Identify the geographic distribution and location of investments Narrative CDBG general rehabilitation funding, HOME general rehabilitation funding and public service funds used were not targeted toward a specific geographic area.The funds dispersed were used throughout the City of Waterloo targeting low-moderate income individuals and families. The Iowa Heartland Habitat for Humanity funding was used in local tageted areas including the Church Row and Walnut neighborhoods. However, the local targeted neighborhoods information is not coming through as there was a problem with an update during the creation of the 5 Year Con Plan. CAPER 9 OMB Control No:2506-0117(exp.09/30/2021) Page 35 of 394 Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. During FY21, Lead Hazard Control funds in the amount of$708,239 were expended to remediate lead hazards in Waterloo homes. CDBG funds in the amount of$114,652 and landlord funds in the amount of$47,072 were used as match funding for the Lead Hazard Remediation Program. During FY21 the City expended $869,963 to remove lead hazards and address health and safety issues in Waterloo homes. The Waterloo Housing Trust Fund ("WHTF") provided local funds to leverage the CDBG Emergency Repair Program. Funds in the amount of$14,828 were spent during the current program year to supplement CDBG emergency projects. WHTF provided homeowners with additional assistance on emergency repairs that exceeded the CDBG $4,000 program limit. The City of Waterloo has public land that was acquiried through Iowa's 657A process. This process allows the City to petition the court to enter judgement awarding title to an abandoned property that has been abandon for six months or longer to the City. The City has sold a number of the sites to Iowa Heartland Habitat for Huanity for one dollar. Habitat for Humanity is the HOME CHDO. Some of the land that has been purchased by Habitat for Humanity is used on HOME new construction projects. The homes are then sold to low-moderate income households. HOME Match requirements were satified and exceeded throught the following match contributions: • CHDO new construction project at 1637 Calhoun St. $91,498 • Loan Payment from Liberty Manor project $6,800.52 CAPER 10 OMB Control No:2506-0117(exp.09/30/2021) Page 36 of 394 Fiscal Year Summary—HOME Match 1. Excess match from prior Federal fiscal year 12,006,075 2. Match contributed during current Federal fiscal year 98,299 3.Total match available for current Federal fiscal year(Line 1 plus Line 2) 12,104,374 4. Match liability for current Federal fiscal year 0 5. Excess match carried over to next Federal fiscal year(Line 3 minus Line 4) 12,104,374 Table 5—Fiscal Year Summary-HOME Match Report Match Contribution for the Federal Fiscal Year Project No.or Date of Cash Foregone Appraised Required Site Bond Total Match Other ID Contribution (non-Federal Taxes,Fees, Land/Real Infrastructure Preparation, Financing sources) Charges Property Construction Materials, Donated labor 1637 Calhoun St. CHDO New Construction Project 06/01/2021 91,498 0 0 0 0 0 91,498 Liberty Manor Annual Loan Interest Payment 02/02/2021 6,801 0 0 0 0 0 6,801 CAPER 11 OMB Control No:2506-0117(exp.09/30/2021) Page 37 of 394 Table 6—Match Contribution for the Federal Fiscal Year HOME MBE/WBE report Program Income—Enter the program amounts for the reporting period Balance on hand at Amount received during Total amount expended Amount expended for Balance on hand at end beginning of reporting reporting period during reporting period TBRA of reporting period period $ $ $ $ 6,801 157,658 7,658 0 150,000 Table 7—Program Income CAPER 12 OMB Control No:2506-0117(exp.09/30/2021) Page 38 of 394 Minority Business Enterprises and Women Business Enterprises—Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non- Alaskan Asian or Black Non- Hispanic Hispanic Native or Pacific Hispanic American Islander Indian Contracts Dollar Amount 119,158 0 0 28,707 0 90,451 Number 3 0 0 1 0 2 Sub-Contracts Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Total Women Male Business Enterprises Contracts Dollar Amount 119,158 0 119,158 Number 3 0 3 Sub-Contracts Number 0 0 0 Dollar Amount 0 0 0 Table 8-Minority Business and Women Business Enterprises Minority Owners of Rental Property—Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non- Alaskan Asian or Black Non- Hispanic Hispanic Native or Pacific Hispanic American Islander Indian Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Table 9—Minority Owners of Rental Property CAPER 13 OMB Control No:2506-0117(exp.09/30/2021) Page 39 of 394 Relocation and Real Property Acquisition—Indicate the number of persons displaced,the cost of relocation payments,the number of parcels acquired,and the cost of acquisition Parcels Acquired 0 0 Businesses Displaced 0 0 Nonprofit Organizations Displaced 0 0 Households Temporarily Relocated, not Displaced 25 22,600 Households Total Minority Property Enterprises White Non- Displaced Alaskan Asian or Black Non- Hispanic Hispanic Native or Pacific Hispanic American Islander Indian Number 2 0 0 2 0 0 Cost $10,000 0 0 10,000 0 0 Table 10—Relocation and Real Property Acquisition CAPER 14 OMB Control No:2506-0117(exp.09/30/2021) Page 40 of 394 CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 90 64 Number of Non-Homeless households to be provided affordable housing units 1,074 18,229 Number of Special-Needs households to be provided affordable housing units 0 0 Total 1,164 18,293 Table 11—Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 0 0 Number of households supported through The Production of New Units 2 1 Number of households supported through Rehab of Existing Units 35 60 Number of households supported through Acquisition of Existing Units 2 0 Total 39 61 Table 12—Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The number of homeless goal was affected by public service agencies not drawing funds during the fiscal year. Extensions were given to the Warming Center, The Salvation Army and Iowa Legal Aid.All data that would have been reported with the use of the funds had an impact on reaching the one year goal.The production of new units goal was affected by the City of Cedar Falls not using HOME funding for a new construction project as reported in the Con Plan.The acquisition of existing units was also a project goal for the City of Cedar Falls that has not yet been completed. CAPER 15 OMB Control No:2506-0117(exp.09/30/2021) Page 41 of 394 One year goals that were exceeded were in the non-homeless category. Public Service that provided non-homeless assistance were in great demand due to the COIVD-19 pandemic. Discuss how these outcomes will impact future annual action plans. These goals will have an impact on future Annual Action Plans due to homeless assistance and public services being funded with CARES Act.funding. In order to avoid duplication of benefits and fund public services based on need these services will not receive funding through the annual allocation.The agencies will continue to be funded with the CARES Act round 1 and 3 funding until all funding has been depleted. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 23 2 Low-income 9 4 Moderate-income 23 3 Total 55 9 Table 13—Number of Households Served Narrative Information HOME funding for affordable housing actual households served by income includes: Homebuyer Down Payment Assistance, Owner Occupied Rehabilitaiton Grants and the CHDO New Construction Project. CDBG funding for affordable housing actual households served includes: Owner Occupied Rehabilitation, Emergency Repairs, and Habitat for Humanity Critical Repairs. CAPER 16 OMB Control No:2506-0117(exp.09/30/2021) Page 42 of 394 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The Salvation Army is our main provider of homeless outreach and shelter-based outreach to persons experiencing homelessness.The Salvation Army currently uses the Homeless Management Information System (HMIS)to track, record and store characteristics and service needs of homeless individuals. Community Development staff receives information regarding the CoC weekly placement meeting held every Tuesday. Agencies discuss the Iowa Coordinated Services Newtwork Homeless Prioritization List to determine a coordinated effort to assist homeless individuals in the region.The Community Development staff also attends the Black Hawk County Homeless Coordinating Board meetings to assess the needs of the community. Neighborhood Services also provides outreach to individuals putting them in touch with emergency services such as food, shelter and counseling. Addressing the emergency shelter and transitional housing needs of homeless persons The Salvation Army is our best resource for addressing chronically homeless and emergency shelter services. The Salvation Army currently provides a number of counseling services for mental health, domestic abuse and addiction counseling.Through the use of the HMIS system, individuals and services are tracked so chronic homelessness can be addressed.The Salvation Army provides outreach for job training, housing and transportation needs.The City of Waterloo funds The Salvation Army emergency shelters.The Salvation Army provides a 32 bed/8 unit facility for women and children and an 18 bed facility for men.The Catholic Worker House also provides 22 beds, 15 for men and 7 for women. Transitional housing services are provided by The House of Hope, which is 10 unit facility with a total of 24 beds. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities,foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Individuals who are discharged from publicly funded institutions such as health care facilities, mental CAPER 17 OMB Control No:2506-0117(exp.09/30/2021) Page 43 of 394 health facilities, foster care, and corrections programs and institutions are more likely to become homeless after being discharged.The Black Hawk County Local Homeless Coordinating Board (LHCB) coordinates efforts among service providers and local government agencies to promote expansion of permanent housing for people experiencing homelessness.The LHCB along with other homeless service providers in Iowa's Balance of State Coc have developed a Coordinated Entry system to expedite the process for people experiencing or at risk of homelessness to receive assistance.The Coordinated Entry System will standardize the intake process by homeless service providers so people in need are referred to the most appropriate programs. People's Community Health Clinic also connects homeless individuals with medical services, dental care, meals and shelter. The City of Waterloo does not receive ESG funding directly. Iowa's Balance of State CoC would be responsible for implementing their homeless discharge coordination policy.This is also done through the Local Homeless Coordinating Board.The agencies that make up the CoC and LHCB meet weekly to place homeless individuals into stable housing. Helping homeless persons (especially chronically homeless individuals and families,families with children,veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The State of Iowa is covered by four Continium of Care, or networks of local governments, health and social service providers,with Woodbury, Pottawattamie, and Polk Counties each having seperate CoCs. Waterloo and Black Hawk County are part of the "Balance of State" Coc.The CoC works with homeless populations from intake to self sufficient independent living.The CoC works with emergency shelters, transitional housing agencies, rapid rehousing organizations and permanent supportive housing preventing individuals and families who were recently homeless from becoming homeless again. Cedar Valley Friends of the Family provides 16 family units with 17 beds total. Community Housing Inititatives also provides 12 units with 13 beds, 1 family unit with 2 beds and 11 adult only beds. In addition to permanent supportive housing, Operation Threshold has 30 units and Exceptional Persons Inc. has 7 units that are used for rapid re-housing. All shelter participants engage in an assessment process that includes the Coordinated Entry Diversion tool,the Vulnerability Index&Services Prioritization Decision Assistance Tool (VI-SPDAT), and the Salvation Army's Pathway of Hope assessments.These assessments and tools aid individuals and families in determining which individuals or families are most in need of emergency shelter and those who are better served through diversion or referral. Participants are continually assessed and revised with the aid of shelter care managers.As needs change, the program participant is provided additional appropriate referrals or services with the ultimate goal for successful exit to permanent housing. CAPER 18 OMB Control No:2506-0117(exp.09/30/2021) Page 44 of 394 CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The Waterloo Housing Authority operates a 50 apartment facility for elderly and disabled income eligible tenants.The City uses the Capital Funds Program as well as Operating Revenue Reserves to make improvements to our public housing site-Ridgeway Towers. The Waterloo Housing Authority has currently authorized 1056 vouchers and 19 VASH vouchers for a total of 1076 vouchers. 75%of the families served by Section 8 must be very low income to be admitted to the program. There is still a great need for public housing assistance, demonstrated by its one and a half year waiting list with 1008 people waiting for Section 8 assistance. Ridgeway Towers has a current waitlist of 31 individuals with an unspecified wait time. During FY21 the Waterloo Housing Authority installed a new security door in the front entry of the building. COVID 19 measures in place consisted of; no gathering in the common areas, hand sanitizing stations were installed on all floors, doors and railings on each floor are wiped down twice daily in efforts to minimize the spread of COVID-19. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The Waterloo Housing Authority administers homebuyer education and "money smart" classes in efforts to increase homeownership opportunities for non-traditional first time home buyers.The homebuyer courses are offered to low-income families who are interested in buying a home.Topics covered in the course include money management, understanding credit, affordability, mortgage and home search and the home buying process.The Money Smart classes are led by local experts from banks, credit unions, and financial management agencies.The class teaches personal finance skills and best practices.The Waterloo Housing Authority connects voucher holders interested in homeownership with programs to help them achieve their goals.This service has opened the door to homeownership for low-income households. Greater access to homebuyer education, credit counseling, and available grants and tax credits is made available to a segment of the population that is often overlooked in traditional housing markets. The Section 8 Home Ownership Program permits eligible participants in the Section 8 Housing Choice Voucher Program, including participants with portable vouchers,the option of purchasing a home with the Section 8 assistance rather than renting.The home ownership option is limited to three percent (3%) of the Total Section 8 voucher program budgeted by the PHA in any fiscal year, excluding disabled and elderly families.The program is available to current participants who have completed an initial Section 8 lease term consisting of 12 months; do not owe monies to the City of Waterloo Housing Authority or any other Housing Authority for any outstanding debt, and who meet the eligibility criteria.Additionally, participants who are in violation of their family obligations while receiving Section 8 assistance shall be CAPER 19 OMB Control No:2506-0117(exp.09/30/2021) Page 45 of 394 ineligible for participation in the Section 8 Home Ownership Program. Actions taken to provide assistance to troubled PHAs The Waterloo Housing Authority is currently designated as a high performer through the annual Section Eight Management Assessment Program (SEMAP). SEMAP measures the performance of the public housing agencies that administer the Housing Choice Voucher Program in 14 key areas. CAPER 20 OMB Control No:2506-0117(exp.09/30/2021) Page 46 of 394 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls,tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City of Waterloo continues to provide tax abatement for any property improvements in the Consolidated Urban Revitalization Area (CURA).The CURA provides incentives for existing neighborhood investment and redevelopment.The CURA is eligible for residential, commercial, and industrial on the inner portions of the community. It helps create potential redevelopment opportunities for all types of development.The City's continued use of 657A is used to eliminate blight which becomes an important factor in the revitalization, growth, and the re-creation of parts of Waterloo. Other tax credits for homeowners include low-income credits,veteran's credit, and a homestead credit to help keep housing affordable. Community Development files and pays all fees, permits, and other charges related to its housing projects. Public policies can also have negative effects on the community. For example, low-income homeowners are faced with emergency burdens such as water or sewer main breaks unexpectedly. If the homeowner is unable to get the main break mixed in a timely manner the city will get the work completed and assess the homeowner's taxes,this is currently the same with sidewalk repairs and other imminent repairs.This type of assessment causes a burden on low-income homeowners.The assessment payment must be paid in addition to the property tax or the property will be sold at a tax sale. If the homeowner is unable to redeem the home, the homeowner could be faced with losing their home due to such assessments. Our Emergency Repair Program plays a vital role in preventing homelessness for this very reason. We are able to get the repairs made for the homeowners as a grant or a loan with no tax assessment. The Housing Task Force was assembled to review current housing ordinances and work on a strategy to address the growing number of dilapidated houses in the city.The Housing Task Force is also working on a new rental inspection checklist and fee structure making it more stringent on landlords who do not comply with the city rental ordinances. One of the barriers to enforcing rental ordinances is the ratio of rental inspectors compared to the number of rental units in the City. Waterloo Community Development staff works closely with Code Enforcement to assist clients with code violations before action is taken. Community Development will assess the violation to see if any assistance can be offered to remedy the situation before tickets are written or court summons are issued. Staff meets with Code Enforcement on a monthly basis to discuss pending and existing cases. Code enforcement will refer individuals that cannot afford to address code violations to Community Development for assistance. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) CAPER 21 OMB Control No:2506-0117(exp.09/30/2021) Page 47 of 394 In efforts to remove barriers and increase homeownership, the City of Waterloo implemented a Homebuyer Assistance Program that provides low-moderate income first time homebuyers down payment assistance. Homebuyer education courses and "Money Smart"financial literacy courses have been implemented by the Waterloo Housing Authority in effort to educate potential homebuyers. The City of Waterloo has also engaged in the Central City Live Learn Initiative.The Initiative is focused on revitalizing downtown neighborhoods through improved housing conditions and increased access to job opportunities within the neighborhoods. Language and cultural barriers is also an obstacle to meeting the underserved needs of the community. Community Development provides interpretation services for Hispanic clients through a partnership with the YWCA. In addition, interpretation for services for languages not available from that source is available on a needs basis though the University of Northern Iowa's Language and International Studies Program. In addition, Neighborhood Services disseminates information via local networks that assists clientele in area that may not have access to traditional modes of information like internet, newspapers,TVs or contain language and cultural barriers. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Beginning January 1, 2021 The City of Waterloo was awarded an additional Lead Hazard Control Grant in the amount of$3.8 million dollars to be used over a forty-two month time span. The funds will be used to provide interim controls and lead abatement activities to 105 homes in Waterloo.The funds will be paired with CDBG funds to provide income eligible owner occupied unit's rehabilitation services along with the interim control and lead abatement services. CDBG is also used for match funding for the Lead Hazard Control Grant. Rental units with tenants that meet the income eligibility requirements may also receive the lead services.The City has partnered with The Black Hawk County Health Department for LIRA and Healthy Homes Assessments and well as Lead Dust Clearance testing.The county is also providing the blood lead level testing for children participating in the program. Lead Safe Practices are used on every rehabilitation project regardless of the funding source. Waterloo Community Development also provides free 24 Hour Worker,40 Hour Lead Contractor, and 8 Hour Lead Refresher Courses at no charge to contractors and workers.The workers and contractors are responsible for securing their own licensing with the State. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City of Waterloo has a number of action agencies that help reduce the number of poverty families in the community.There are a number of foundations along with Community Development that provide funding to the agencies. Operation Threshold provides services such as housing, energy assistance and WIC. Department of Human Services provides childcare assistance and food assistance to help families become self-sufficient. CAPER 22 OMB Control No:2506-0117(exp.09/30/2021) Page 48 of 394 The Waterloo Housing Authority has been providing case management services to Section 8 assisted families since 1992. Families use the Family Self-Sufficiency(FSS) program to meet goals on a personal action plan developed by the case manager and the client to become economically self-sufficient within five years. Neighborhood Services meets with a team of leaders from the Cedar Valley to address underemployment in Waterloo.The committee is looking at job programs that will not only provide employment but job training skills to disadvantaged populations. Actions taken to develop institutional structure. 91.220(k); 91.320(j) Waterloo Community Development participates in a number of efforts to coordinate housing and services. For example Community Development staff participates in the City Central Live Learn Initiative. The goals of the initiative are to increase public improvements to streetscapes, clean up blighted and vacant homes, add new homes to the tax role, build skilled career training to help fill a shortage of trained construction laborers and improve housing options in diverse neighborhoods close to downtown. The Waterloo Community Development Board holds monthly meeting to discuss and approve plans, projects and services provided. For example,the board constantly reviews policies and procedures to determine if components hinders or prevents clients from accessing services by way of eligibility.We amended our Emergency Repair Program to waive the insurance requirement because some clients didn't have homeowners insurance and previously this contributed to their ineligibility. The City of Waterloo along with the City of Cedar Falls participate in a HOME Investment Partnership Consortium which allows both cities to receive funding that would not otherwise be available to each grantee on an individual basis. HOME funds can be used on a variety of housing activities including tenant based rental assistance, housing rehabilitation, assistance to homebuyers and new construction housing. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) Waterloo Community Development is involved with a number of committees and foundations that come together to provide funding for services in the community. By uniting the services, partnerships are made between the public and private housing and social service agencies. Waterloo Community Development provided funding during the current and prior fiscal years to the following housing and social service agencies: CAPER 23 OMB Control No:2506-0117(exp.09/30/2021) Page 49 of 394 • Operation Threshold- Funds were provided to assist families in need of securing housing with security deposit assistance. • Iowa Legal Aid- Funds were provided to assist low-moderate income individuals and families needing assistance with housing related legal issues such as eviction and foreclosure. • Iowa Heartland Habitat for Humanity- Funds were provided to assist with the housing preservation projects in the Walnut and Church Row Neighborhoods. • Operation Threshold- Funds were provided to assist individuals with rehabilitation issues that would otherwise disqualify the household from receiving weatherization services. • The Salvation Army- Funds were provided for emergency overnight shelter services. • Northeast Iowa Food Bank- Funds were provided to assist household who were food insecure. During the COIVD-19 pandemic consultation meetings were held with a number of local non profit agencies to discuss where the greatest need was and who was being most impacted by the COVID-19 pandemic. • The Salvation Army- had to adjust its shelter hours and policies. Funding allowed the shelter to offer two additional full-time staff positions, creating a more stable and skilled staffing environment and will be allowed 24 hr. operation long term. • Northeast Iowa Food Bank-seen a 20% increase in the number of participants. Funding provided was used for curbside food distribution salaries and benefits for staffing the Curbside Food Distribution Program. • East Side Ministerial Alliance and The Jesse Cosby Neighborhood Center- provided rental assistance for income eligible clients that had a COVID related hardship. • Operation Threshold- provided utility assistance to income eligible clients that had a COVID related hardship. • Family Management- provided mortgage assistance to income eligible clients that had a COVID related hardship. • Iowa Legal Aid- provided legal services to low/moderate income households in need of assistance to avoid foreclosure or eviction due to hardship during the COVID 19 pandemic. • Grin and Grow Daycare-added services for children up to 12 years old due to the COVID-19 pandemic when schools closed. This caused the facility to have a budget deficit. CDBG-CV funding provided the necessary funding to close the budget gap. All the agencies work in coordinated effort to provide low-income household with goods and services. Meeting are held throughout the year to coordinate efforts amongst the housing service providers. A weekly PULL meeting is also held to discuss homelessness on a regional bases. Each agency works as a referral service to guide individuals to necessary services. Waterloo Community Development also participates in a monthly meeting with the Black Hawk County Health Department to discuss the Lead Hazard Control Program, and community outreach. Identify actions taken to overcome the effects of any impediments identified in the CAPER 24 OMB Control No:2506-0117(exp.09/30/2021) Page 50 of 394 jurisdictions analysis of impediments to fair housing choice. 91.520(a) • All CDBG and HOME programs help to address the growing mismatch between real income and housing cost (Impediment 2-12). • The City continues to provide tax abatement to keep housing affordable in the CURA and allow homeowners to make needed home improvements (A3). • Staff has developed a comprehensive strategy to meet the market needs of the Limited English Proficiency(LEP) population (Al). • The Waterloo Police Department has a list of translators for various languages, and we have a working relationship with the Waterloo Schools since they have numerous interpreters on staff. The YWCA has a multi-lingual staff member who will provide one-on-one housing counseling for non-English speakers. • The Mayor has implemented the Housing Task Force comprised of The Waterloo Housing Authority, Community Development, Planning and Zoning, the City attorney,the City clerk, and the City communications director that meet to discuss and resolve housing issues. (A1). CAPER 25 OMB Control No:2506-0117(exp.09/30/2021) Page 51 of 394 CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements Community Development provides a training session at the start of each program year requiring mandatory attendance by all sub recipients. During this training, an overview is provided on the federal requirements, income guidelines, and general information. Each agency is encouraged to "ask before doing" if they are not familiar with federal guidelines.We also incorporated the Outcome Performance Measurement component during this training to help us comply with HUD's desire to better measure the impact of our programs. An on-site monitoring visit is completed with each sub recipient during the program year to ensure continued compliance. However, due to the COVID-19 monitoring efforts were slowed. During the fiscal year all activites that expended funds were monitored using procedures from the HUD monotoring handbook. Desk monitoring of rents, invoices, payments and client files, activies and projects were done via zoom meetings and scanning and emailing requested documents. During the monitoring process;the project progress,financial information and project files are reviewed to ensure compliance with Federal program regulations.The review also includes verification of marketing materials, income verification of applicants, insurance and audit materials, and other applicable materials to ensure continued compliance. Monitoring procedures were also required to be completed prior to any pay requests made by public service agencies and before final payments on any completed projects. New agencies requesting payment were required to submit client file samples prior to pay requests to ensure client income determinations were being completed correctly. Ongoing technical assistance was provided to all contracted agencies to ensure regulation compliance.Through the monitoring process; if an agency or project was not in complaince a monitoring letter was sent out and the agency is given a specific time period to remediate the deficiency. Community Development also conducts an inspection of units for applicable rental programs to ensure that housing quality standards are met.The Uniform Physical Conditions inspection requirement is completed for the necessary number of units for each property with appropriate notice provided to the resident. When appropriate, efforts between the state and city are combined so inspections are not duplicated. Any identified deficiencies are shared with the sub recipient in a letter and the sub recipient is then required to demonstrate compliance.A follow-up letter is sent to the agency once they are in compliance for their records, which includes information on confirmation of the measures they undertook to come into compliance. Rental inspections were completed in joint effort with the Iowa Finance Authority to minimize tenant disruption and keep coronavirus exposure at a minimum.The Iowa Finance Authority completed inspections for Stokes Senior Housing and Liberty Manor Apartments while the City of Waterloo completed inspections for Marsh Place Apartments, and Unity Square Apartments. Roosevelt Apartments are scheduled for inspection in October of 2021. CAPER 26 OMB Control No:2506-0117(exp.09/30/2021) Page 52 of 394 Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. Public Hearings are held throughout the program year to provide citizens a chance to comment on projects. Various projects provide a short survey for participants to fill out. We use these surveys and comments to improve individual projects. The draft CAPER, One-Year Action Plan and 5-Year Consolidated Plan are made available for public review and comment at the Waterloo Community Development Office,the City Clerk's office, and the Waterloo Public Library as well as on the City's website. Notices for the reviews and comment periods are published in the Waterloo/Cedar Falls Courier. The FY21 CAPER Public Notice was published in the Waterloo/Cedar Falls Courier on September 5, 2021. The 15 day comment period began on September 6, 2021 and ended on September 21, 2021. No comments were received during the period. A virtual Public Hearing was held on September 21, 2021 via zoom meeting. Anyone wishing to participate was encouraged to contact Waterloo Community Development for meeting details. A copy of the Public Notice can be viewed in the Administration section attachments. CAPER 27 OMB Control No:2506-0117(exp.09/30/2021) Page 53 of 394 CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. During the past year we have made policy changes to adjust to the changing programs and community needs; however due to the COIVD-19 pandemic we amended our 2019-2023 Con Plan to incorporate Small Business Assistance to assist small businesses that were impacted by the COIVD-19 pandemic. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. CAPER 28 OMB Control No:2506-0117(exp.09/30/2021) Page 54 of 394 CR-50 - HOME 91.520(d) Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations During FY21 HOME inspections were completed in partnership with the Iowa Finance Authority to minimize tenant disruption and COVID-19 exposure.The Iowa Finance Authority completed inspections on the HOME assisted units at Stokes Manor and Liberty Manor.The City of Waterloo completed inspections at Unity Square and Marsh Place Apartments.The inspection results are as follows: Stokes Manor-A bathroom GFCI outlet was not tripping properly, a clothes dryer exhaust duct was disconnected, possible mold behind a washing machine, a kitchen faucet handle was leaking, and an electrical outlet was missing a cover with exposed wires. It was also observed that multiples times, smoke alarms are not connected into the wiring system that is provided. Owner was told to connect smoke detectors to hard wiring per state code 210.3(7). Liberty Manor-An electrical panel was blocked and a kitchen GFCI outlet was not tripping properly. Unity Square-A front door was damaged, a front door had an inoperable lock, deteriorated bathroom floor, mold on bathroom ceiling, and a bedroom door broken off the jamb and door trim broken. Marsh Place Apartments-A bedroom outlet was not working, a toilet was running constantly, a smoke detector was missing a battery backup but was hard wired, a kitchen GFCI was not tripping properly,4th floor washing machine was inoperable, a leaking bathroom faucet, a bedroom door was damaged, bathtub faucet dripping, bathroom door was missing, outlet on rooftop elevator shaft was missing a cover. Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 92.351(b) All HOME-assisted projects are required to follow Federal regulations regarding income and occupancy in the selection of tenants throughout the affordability period. All projects must have a HOME Tenant Selection Policy/Affirmative Fair Housing Marketing Plan. HOME-assisted projects must market and take action to attract eligible persons in market area without regard to race, color, national origin, sex, religion,familial status, or disability. Many of our HOME-assisted units are located in minority areas and specifically marketed directly toward the African-American community. Marketing and outreach is performed through local service agencies such as The Jesse Cosby Center, Martin Luther King Center,The Waterloo Housing Authority, Human Rights Commission and local churches.These agencies are notified regularly to help fill vacant units. Owners also place ads in the Waterloo/CF Courier when apartments are vacant. HOME-assisted units CAPER 29 OMB Control No:2506-0117(exp.09/30/2021) Page 55 of 394 make marketing to minority groups such as African-American, Hispanic, Bosnian and Asian/Pacific Islander as well as disabled communities a priority in efforts to fill vacant units. All HOME-assisted units must inform the public, and potential tenants about Federal fair housing laws and must use the Equal Housing Opportunity logo on marketing materials and written communications. During monitoring sessions, rentals must provide their most current marketing plan unless there is an existing waitlist for those units. When deficiencies of these regulations are identified, they are noted and corrective actions are taken by the sub recipients.The review of the material is conducted during the annual monitoring inspection. Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics The HOME Investment Partnership Program took in $157,658.12 in program income. During FY21 program income in the amount of$7,658.12 was used toward down payment assistance for an African American family of 3 with income that fell between the 60-80% median income limits. Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 91.320(j) Waterloo Community Development has played a primary role in providing assistance to create and sustain the affordable housing stock in the City.The city makes a significant contribution to housing affordability and preservation, including but not limited to: • Funding for housing rehabilitation and CHDO new construction projects. • Funding Homebuyer Assistance Programs. CAPER 30 OMB Control No:2506-0117(exp.09/30/2021) Page 56 of 394 CITY OF WATERLOO Council Communication Resolution approving cancellation of sidewalk assessment for property located at 433 Edwards Street, in the amount of$508.12;the 400 Block of Quincy Street, in the amount of$274.82; and 503 Newell Street, in the amount of$338.83, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 10/4/2021 Prepared: 9/20/2021 Resolution approving cancellation of sidewalk assessment for property located at 433 Edwards Street, in the amount of$508.12; the 400 Block of SUBJECT: Quincy Street, in the amount of$274.82; and 503 Newell Street, in the amount of$338.83, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By:Kelley Felchle, City Clerk Page 57 of 394 CITY OF WATERLOO Council Communication Resolution accepting Anti-Heroin COPS Grant funds as a sub-recipient from the Governor's Office of Drug Control Policy, in the amount of$7,000, with no matching funds required, to provide overtime funds to assist in mid and high level heroin investigations, and authorizing the Mayor and Chief of Police to execute said document. City Council Meeting: 10/4/2021 Prepared: 9/21/2021 ATTACHMENTS: Description Type ❑ Anti Heroin Certified Assurances Unsigned Backup Material ❑ Anti Heroin Grant Award Unsigned Backup Material ❑ Anti Heroin Grant Conditions Unsigned Backup Material Resolution accepting Anti-Heroin COPS Grant funds as a sub-recipient from the Governor's Office of Drug Control Policy, in the amount of SUBJECT: $7,000, with no matching funds required, to provide overtime funds to assist in mid and high level heroin investigations, and authorizing the Mayor and Chief of Police to execute said document. Submitted by: Submitted By:Matt McGeough, Captain Request that the City Council pass a resolution authorizing Mayor Hart and Chief Fitzgerald to receive Anti-Heroin COPS grant money as a sub- Recommended Action: recipient from the Governor's Office of Drug Control, for a$7,000.00 grant with no matching funds required. The money will directly pay overtime costs associated with the investigation into mid and high level Heroin crimes. Your approval of this grant will enable the Tri-County Drug Task Force to Summary Statement: further investigate mid and high level Heroin crimes creating a safer community. Data/Analysis and Strategies: N/A Implementation,Accountability, N/A and Communication: Expenditure Required/Source of N/A Funds: Alternative: N/A Page 58 of 394 Iowa Governor's Office of Drug Control Policy CERTIFIED ASSURANCES NON-SUPPLANTING The grantee assures that Federal funds made available under this formula grant will not be used to supplant State or local funds,but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for project activities. MATCHING FUNDS The grantee assures that matching funds required to pay the non-Federal portion of the cost of each program and project, for which grant funds are made available, shall be in addition to funds that would otherwise be made available for criminal justice activities by the recipients of grant funds and shall be provided on a project-by- project basis. RECORD KEEPING The grantee assures that fund accounting, auditing, monitoring, evaluation procedures, and such records as the Governor's Office of Drug Control Policy shall require, shall be provided to assure fiscal control, proper management, and efficient disbursement of funds received. REPORTING The grantee assures that it shall maintain such data and information and submit such reports in such form, at such times, and containing such data and information as the Governor's Office of Drug Control Policy may reasonably require to administer the program. FINANCIAL AND ADMINISTRATIVE GUIDE The grantee assures that it will comply with the provisions of the Office of Justice Programs' "Financial and Administrative Guide for Grants. http://oip.gov/financializuide/DOJ/index.htm COMPLIANCE WITH FEDERAL PROCEDURES The grantee assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative agreements, including Part II, Applicability of Office of Management and Budget Circulars; Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information Systems; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; and Part 63, Floodplain Management and Wetland Protection Procedures. DUNS/SAM Reaistration: The grantee assures that it will register and provide the Governor's Office of Drug Control Policy a Data Universal Number System (DUNS)number. The recipient shall maintain a current registration with the System for Award Management(SAM) for the duration of the grant project period. Recipient Integrity and Performance The grantee assures that it will comply with any and all applicable requirements regarding reporting of I Page 59 of 394 Iowa Governor's Office of Drug Control Policy information on civil, criminal, and administrative proceedings connected with (or connected to the performance of)this award. Under certain circumstances,recipients of federal grant funds are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS")within SAM are posted on the ON web site at http://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. CERTIFICATI®N I certify that the program in this application meets all the requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; that all the information presented is correct; and the application will comply with the provisions of the Act and all other Federal laws, regulations, and guidelines, By appropriate language incorporated in each subcontract or other document under which funds are to be disbursed, the undersigned shall assure the applicable conditions above apply to all recipients of assistance. Signature -Project Director Signature - Legal Applicant Date Date z Page 60 of 394 Iowa Governor's Office of Drug Control Policy CIVIL RIGHTS REQUIREMENTS INFORMATION 1. Civil Rights Contact Person: Abrhham Punches 2. Title/Address: Executive Director. 630 Mulberry Street Waterloo, IA 50703 3. Telephone Number: 319-291-4441 4. Number of persons employed by the agency responsible for administering this grant: 123 Sworn Officers, 9 Civilian. employees 3 Page 61 of 394 Iowa Governor's Office of Drug Control Policy US DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS (Sub-Recipient) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Park 67, Section 67.510, participants' responsibilities. The regulations were published as Part VIII of the May 26, 1988 Federal Register(pages 1.9160-19211). (BEFORE COMPLETING CERTIFICATION,READ INSTRUCTIONS ON FOLLOWING PAGE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in the certification, such prospective participant shall attach an explanation to this proposal. Quentin Hart:, Mayor Name and Title of Authorized Representative Signature Date City of Waterloo, Police Department Name of Organization 715 Mulberry Street, Waterloo, IA 50703 Address of Organization 4 Page 62 of 394 Iowa Governor's Office of Drug Control Policy INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Non-procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in.good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,ineligible,or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 5 Page 63 of 394 Iowa Governor's Office of Drug Control Policy U.S. DEPARTMENT OF ,JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Grantees Other Than Individuals This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988,28 CFR Part 67,Subpart F. The regulations,published in the May 25, 1990 Federal Register,require certification by grantees,prior to award,that they will maintain a drug-free workplace. The certification set out below is a material representation of fact upon which reliance will be placed when the agency determines to award the grant. False certification or violation of the certification shall be.grounds for suspension of payments,suspension or termination of grants,or government wide suspension.or debarment(see 28 CFR Part 67, ,Sections 67.615 and 67.620). The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will betaken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about-- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling,rehabilitation,and employee assistance programs;and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(a); (d) Notifying the employee in the statement required by paragraph(a)that,as a condition of employment under the grant,the employee will-- (1) Abide by the terms of the statement;and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the agency within ten days after receiving notice under subparagraph(d)(2)from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions,within 30 days of receiving notice under subparagraph(d)(2),with respect to any employee who is so convicted-- , (1) Taking appropriate personnel action against such an employee,up to and including termination;, consistent with the requirements of the Rehabilitation Act of 1973,as amended;or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State,or local health,law enforcement,or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a),(b), (c),(d),(e)and(f). Place(s)of Performance: The grantees shall insert in the space provided below the site(s)for the performance of work done in connection with the specific grant(street address,City,County,State,zip code); City iof Waterloo_ _ Organization Name Quentin. Hart, Mayor Name and Title of Authorized Representative Signature Date 6 Page 64 of 394 Iowa Governor's Office of Drug Control Policy REGARDING LOBBYING RTIFICATI®N JR.EGA® Each person shall file the most current edition of this certification and disclosure form, if applicable, with each submission that initiates agency consideration of such person for an award of a Federal contract, grant, or cooperative agreement of$100,000 or more; or Federal loan of$150,000 or more, This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. The undersigned certifies,to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any non-Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall initial ,here and complete and submit Standard Form # LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Forms are available from the Governor's Office of Drug Control Policy.) (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers and that all sub-recipients shall certify and disclose accordingly. City,,of Waterloo 715-Mulbd ry ,S.tlreet, Waterloo, IA 50703 Quentin Hart, Mayor Name and Address of Organization Name of Authorized Individual Signature and Date Revised 12114/2020 7 Page 65 of 394 ANTI-HEROIN TASK FORCE GRANT PROGRAM Governor's Office of Drug Control Policy Pape State Office Bldg.,5th Floor 215 E. 7th Street,Des Moines,Iowa 50319(515)725-0300 Anti-Heroin Task Force CFDA#16.710 Grantee: Grant 419-Heroin-09 Waterloo Police Department Grant Period: July 1, 2021 through June 30,2022 715 Mulberry StreetStreet Waterloo,Iowa 50703-5714 Federal: $7,000 Match; $0 Total: $7,000 ODCP Contact:Dennis Wiggins 515/725-03 1 1 Legal Applicant: Program Director: Quentin Hart Joel Fitzgerald Sr. This grant is subject to the terms and conditions incorporated either directly or indirectly by reference in the grantprogram legislation,the grant program request far proposal, and the stipulations, if any,noted under "Special Conditions," Except for any waiver granted explicitly elsewhere in this grant, this award does not constitute approval of waiver from any Federal or state statutory/regulatory requirements for a United States Department of Justice grant. The grantee agrees to perform all services and furnish all supplies set forth in the application of this grant award for the consideration stated herein. This grant consists of the application for funds, the grant award notice, the budget documents, the standard grant conditions, the reporting forms,and all approved grant revision documents. All parties to this grant award acknowledge that they have fully read and understand this contract, and agree to abide by the terms set forth within. SPECIAL_CONDITIONS • Grant funding is provided to assist project with mid to high level.heroin investigations or precursor diversion investigations. • Targets of investions will be shared with the Division of Intelligence to be entered into the LEIN database system. • Projects will regularly deconflict investigations by searching potential targets in the LEIN database system. In witness wherefore,the parties hereto have executed this grant the day and year specified below. SIGNATURES/DATES Legal Applicant/Date Program Director/Date ODCP Administrator/Date Page 66 of 394 IOWA GOVERNOR'S OFFICE OF DRUG CONTROL POLICY STANDARD GRANT CONDITIONS Byrne Justice Assistance Grant; Methamphetamine Hot Spots; Residential Substance Abuse Treatment; Byrne Discretionary; Second Chance; Drug Court; Post-conviction Testing of DNA Evidence to Exonerate the innocent; Project Safe Neighborhoods; John R. Justice; Drug Free Communities; Anti-Heroin Task Force; Comprehensive Opioid Abuse Program; Paul Coverdell Forensic Science; Coronavirus Emergency Supplemental Funding, and any other Grant administered by the Governor's Office of Drug Control Policy involving federal or state funding. Table of Contents 1. General........................................................................................................................................................................................2 2. Definitions...................................................................................................................................................................................3 3. Accountability for All Grantees...................................................................................................................................................3 4. Additional Guidance for Nonprofit Organizations......................................................................................................................3 5. Accounts and Records. ........................................................ .............. 4 6. Cash/In-Kind Match(If required and included in the approved budget).....................................................................................4 7. Non-Supplanting Requirement........................................................ .............5 8. Program Income. .........................................................................................................................................................................5 9. Subcontracting.............................................................................................................................................................................6 10. Unreasonable restrictions on competition under the award;association with federal government.............................................6 11. Property and Equipment..............................................................................................................................................................6 12. Computer Systems.......................................................................................................................................................................7 13. Travel...........................................................................................................................................................................................7 14. Payments......................................................................................................................................................................................8 15. Reporting.....................................................................................................................................................................................8 16. Awards to private agencies-accounting system audit requirement............................................................................................9 17. Audits:................................. 9 18. Monitoring/Evaluation................................................................................................... ......10 ...................................................... 19. Changes in the Program.............................................................................................................................................................10 20. Copyrights. ................................................................................................................................................................................11 21. Federal Funds Acknowledgment...............................................................................................................................................11 22. Release of Information and Confidentiality of Records. ...........................................................................................................11 23. Protection of human research subjects.......................................................................................................................................12 24. Conflict of Interest.....................................................................................................................................................................12 25. Report Misuses of Funds...........................................................................................................................................................12 26. Restrictions and certifications regarding non-disclosure agreements and related matters.........................................................12 27. Drug Free Workplace................................................................................................................................................................13 28. Americans With Disabilities Act...............................................................................................................................................13 29. Immigration and Naturalization Service....................................................................................................................................13 3o. Limited English Proficiency......................................................................................................................................................13 31. Nondiscrimination/Equal Employment Opportunity Program..................................................................................................14 1 Page 67 of 394 32. Findings of Discrimination........................................................................................................................................................15 33. Determination of suitability required,in advance, for certain individuals who may interact with participating minors...........15 34. Equal Treatment for Faith Based Organizations........................................................................................................................18 35. Lobbying Restrictions................................................................................................................................................................18 36. Sanctuary Jurisdiction(Iowa Code).................................................................. .................18 37. Liability. ........................................................................................................................................................ .........19 38. Drug Task Force........................................................................................................................................................................19 39. Drug Task Force Training. ........................................................................................................................................................19 40. Use of Force Training Metrics...................................................................................................................................................19 41. NEPA Clandestine Methamphetamine Laboratories.................................................................................................................19 42. DUNS/SAM Registration..........................................................................................................................................................21 43. Recipient Integrity and Performance.........................................................................................................................................21 44. Disclosure of"High Risk"Designation by Federal Agency......................................................................................................21 45. Breach of Personally Identifiable Information. .........................................................................................................................21 46. Withholding of Support,Suspension,and Termination.............................................................................................................22 47. Indemnification..........................................................................................................................................................................24 48. Warranties..................................................................................................................................................................................24 49. Status of Grantee. ......................................................................................................................................................................26 50. Choice of Law and Forum.........................................................................................................................................................26 51.. Immunity from Liability............................................................................................................... ............26 ................................. 52. Compliance with Iowa Code chapter 8F....................................................................................................................................26 53. Enhancement of Contractor Employee Whistleblower Protections...........................................................................................26 54. Ownership of Deliverables........................................................................................................................................................27 55. Confidentiality,IT Standards,and Security...............................................................................................................................28 56. Qualifications of Staff. ..............................................................................................................................................................29 57. State Agencies and Iowa Regent Institutions.............................................................................................................................29 1. General. These standard grant conditions, unless otherwise stated herein, apply to the following grant programs administered in Iowa by the Governor's Office of Drug Control Policy (ODCP): Byrne Justice Assistance Grant; Methamphetamine Hot Spots; Residential Substance Abuse Treatment; Byrne Discretionary; Second Chance; Drug Court; Post- conviction Testing of DNA Evidence to Exonerate the Innocent; Project Safe Neighborhoods; John R. Justice; Drug Free Communities; Anti-Heroin Task Force; Comprehensive Opioid Abuse Program; Paul Coverdell Forensic Science; and any other Grant administered by the ODCP involving Federal or State funding. The Grantee shall provide the necessary facilities, materials, services, and qualified personnel to perform and/or provide all the services set forth in the approved application and the letter of notification for the grant amount. The grant budget will be a basis for the Grantee's expenditure of the grant amount. Acceptance of the terms and conditions of the 2 Page 68 of 394 grant is indicated by the applicants' signatures on the grant contract, attached certification, and by requesting and expending grant funds. The Grantee shall abide by all applicable Federal, State, and local laws, rules and regulations. The Grantee shall comply with all applicable U.S. Department of Justice Grant Award Special Conditions which govern subrecipients/subgrantees. The Certified Assurances and forms signed and or submitted via www.iowagrants.gov by the Grantee in making application for grant funds are incorporated herein. 2. Definitions. a. "Deliverable" means any good, product, service, work, work product, item, material or property created, developed, produced, delivered, performed or provided by or on behalf of Grantee in connection with this contract. b. "JAG" means the Federal Byrne—Justice Assistance Grant program, for which the ODCP is the State Administering Agency in Iowa. C. "Grantee" or "Legal Applicant" or "Recipient" means the governmental agency contracting with the Governor's Office of Drug Control Policy d. "ODCP" means Governor's Office of Drug Control Policy. e. "Program/Project Director" means the person who has been delegated authority to administer the project described in the application. f. "Special Conditions" means those conditions applying uniquely to this grant contract as identified on the grant contract page. g. "Standard Grant Conditions" means those conditions applying to all ODCP grant contracts. h. "State" means the State of Iowa. 3. Accountability for All Grantees. The Grantee shall promote effectiveness, efficiency, and accountability. The Grantee must serve the public in an ethical and transparent manner, including operating professionally, truthfully, fairly, and with integrity and accountability to uphold public trust. The ODCP reserves the right to verify the contents of the Grantee's application and any assertions, reporting, attestations, and submissions to the ODCP or any other governmental agency throughout the term of the grant. If the ODCP determines the Grantee has provided false, misleading, or inaccurate information to the ODCP or another governmental agency, grant funds may be withheld, suspended or terminated. 4. Additional Guidance for Nonprofit Organizations. A nonprofit organization awarded a subcontract pursuant to section 9 must be aware of and comply with applicable law and regulations. The Iowa Nonprofit Principles and Practices for Charitable Nonprofit Excellence Revised 2016 shall be used as a means of educating nonprofit organizations about the laws and regulations with which they must comply and to provide guidance about good operational practices and ethical conduct. This publication may be accessed at https://inre.law.uiowa.edu/sites/inrc.law.uiowa.edu/files/pp- 2016ed-web.pdf 3 Page 69 of 394 The purpose of the Iowa Principles and Practices for Charitable Nonprofit Excellence is to promote good management practices, ethical conduct, and public accountability for Iowa charitable nonprofit organizations as they perform their crucial community services. The Principles and Practices are not regulatory. While many of the Principles and Practices will be helpful to all nonprofits, they are specifically written for 501(c)(3) organizations. The Iowa Principles and Practices for Charitable Nonprofit Excellence are intended to be primarily an educational process designed to improve efficiency and accountability. It is recognized that implementation will take different forms and occur at different levels, given the resources of the nonprofits. 5. Accounts and Records. a. The Grantee shall comply with pertinent state and Federal laws, and the provisions of the Office of Justice Program's (OJP) Financial Guide: htt-ps:Hojp.gov/financialguide/doj/pdfs/DOJ FinancialGuide.pdf b. The Grantee shall maintain accurate, current, and complete records of the financial activity of this contract, including records which adequately identify the source and application of funds. The Grantee shall maintain separate records for each Federal grant or program. Cash or matching contributions made by the Grantee shall be verifiable from the Grantee's records. These records shall contain information pertaining to contract amount, authorizations, obligations, unobligated balances, assets, liabilities, expenditures, and program income. C. The Grantee shall maintain effective control and accountability for all assets, including current and accurate equipment inventory records. The Grantee shall adequately safeguard all such assets and property and assure that it is used solely for authorized purposes. Accounting records shall be supported by source documentation such as canceled checks, paid bills, receipts, payrolls, contract award documents, etc. d. The Grantee, in making project expenditure accounts, records and reports, shall make any necessary adjustments to reflect refunds, credits, underpayments or overpayments, as well as any adjustments resulting from administrative or compliance reviews and audits. Such adjustments shall be set forth in the financial reports filed with the ODCP. e. The Grantee shall maintain a sufficient recordkeeping system to provide statistical data for the purpose of planning, monitoring, and evaluating their program. f. The Grantee shall retain all pertinent records and books of accounts related to this contract for a period of three (3) years following the closure of the Grantee's most recent audit report. In the event of litigation, negotiation or audit findings, the records shall be retained until all issues arising from such actions have been resolved or until the end of the regular three-year period, whichever is later. 6. Cash/In-Kind Match (If required and included in the approved budget). Grant application materials will specify the level and conditions of match required for each grant program. If cash or in-kind match is required, the match will be identified in the grant contract signed by the grantee as well as in the approved budget. If"cash" match is included in the approved budget, the Grantee must be able to demonstrate that the match is from a new appropriation, or from existing resources which were not intended for the stated program purpose 4 Page 70 of 394 The Grantee shall maintain records clearly showing_the.source, the amount, and the timing of all match contributions. The following may be used as cash match: a. Local and State appropriations; b. Funds contributed from private sources; c. Federal funds from the following sources: 1. Housing and Community Development Act of 1974; 2. Appalachian Regional Development Act; 3. General Revenue Sharing; d. Existing resources (as long as the existing funds were used in areas other than the stated program purpose); e. Salaries of existing personnel who are transferred to grant activities (if the original positions are filled with new personnel; f. Asset forfeiture funds resulting from State or Federal court action per applicable state and Federal guidelines; g. Program income and the related interest earned on that program income generated from projects may be used as match provided it is identified and approved prior to making an award; h. Funds appropriated by Congress for the activities of any agency of a Tribal government or the Bureau of Indian Affairs performing law enforcement functions on Tribal lands; and i. Funds otherwise authorized by law. All funds designated as match are restricted to the same use as grant program funds. The matching share must be obligated by the end of the period for which Federal funds have been made available for obligation under an approved program or project. The Grantee must submit a written plan for expenditure of matching funds if requested by the ODCP. 7. Non-Supplanting Requirement. Federal funds must be used to supplement existing funds for program activities and not replace those funds which have been appropriated for the same purpose. Potential supplanting will be the subject of application review, as well as pre-award review, post- award monitoring, and audit. If there is a potential presence of supplanting, the grantee will be required to supply documentation demonstrating that the reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 8. Program Income. "Program income" means gross income earned by the Grantee during the grant period as a direct result of the grant award. Direct result is defined as a specific act or set of activities that are directly attributable to grant funds and which are directly related to the goals and objectives of the project. Program income shall be accounted for and used for any purpose that furthers the broad objectives of the legislation under which the award was made. 5 Page 71 of 394 Program income earnings and expenditures must be reported with claims for reimbursement and must be used in accordance with the provisions of 2 CFR Part 200, Uniform Administrative Requirements. 9. Subcontracting. None of the activities or funds of this grant shall be subcontracted to another organization or individual without specific prior approval by the ODCP with the exception of subcontracts under $1,000. To obtain ODCP approval, the Grantee shall submit the proposed contract or written agreement between the parties. The contract or agreement must contain a list of the activities to be performed by the subcontractor, and the contract policies and requirements. All grant related certifications and conditions agreed upon by the applicant agency shall be passed on to subcontracting agencies. Subcontractors shall complete the Standard Grant Condition Certification. Open and free competition is required unless specific advanced approval is obtained to use a noncompetitive approach in contracting for a good or service. 10.Unreasonable restrictions on competition under the award; association with federal government Consistent with the (DOJ)Part 200 Uniform Requirements --including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") — no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. The Grantee monitoring responsibilities include monitoring of subrecipient compliance with this condition. 11.Property and Equipment. a. Iowa Administrative Code, Chapter I10 and Section lII 3.7 of OJP's Financial Guide prescribe property rules and regulations. b. The Grantee shall develop procedures to assure competitive acquisition of approved purchases. C. Definition of Equipment: Any item costing $5,000 or more and having an anticipated useful life of more than one year. Chairs, tables, files and movable partitions costing less than $5,000 shall be accounted for in aggregate. All other items of equipment shall be accounted for individually. 6 Page 72 of 394 The above definition identifies a minimum list of items, which must be considered as equipment. The Grantee's accounting system may include other items of equipment as well. d. The Grantee shall maintain property records, inventory control, and maintenance procedures for all non-expendable property purchased all or in part with grant funds. An inventory_ report form must be completed.,and submitted_with the last_proiect report to the ODCP. Procedures for managing equipment (including replacement, whether acquired in whole or in part with project funds), will, at a minimum, contain records, which include the following: 1.) Description of the property; 2.) Serial number or other identification number; 3.) Source of the property; 4.) Identification of who holds the title; 5.) Acquisition date; 6.) Cost of the property; 7.) Location of the property; and 8.) Disposition data including the date of disposal and sale price. e. Title of Property: Notwithstanding any other provision of law, title to all expendable and nonexpendable property purchased with grant funds made available under the Grant Program shall vest in the agency that purchased the property, if it certifies to the ODCP that it will use the Property for the purposes, outlined in the grant application. If such certification is not made, title to the property shall vest in the State of Iowa, which shall seek to have the property used for program related purposes elsewhere in the state prior to using it or disposing of it in any other manner. £ Use of Property: The Grantee may use property acquired in whole or in part with Federal funds for the authorized purpose of the original grant as long as needed whether or not the program or project continues to be supported by Federal funds. 12.Computer Systems. No federal funding may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. Nothing in this subsection limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 13.Travel. Travel specifically identified in the grant application and budget is approved for reimbursement by the ODCP. Out of state training and travel not identified and approved in the application and grant budget requires approval by the ODCP prior to reimbursement. Requests for out-of-state training and travel must be submitted to the ODCP in writing. The Grantee shall follow its own written policies, or conditions set forth in the grant. Meal and lodging rates cannot exceed state rates. In-State meal rates o Breakfast $8.00 o Lunch $10.00 o Dinner $19.00 7 Page 73 of 394 Out of State: Meal rates are determined by City Level. The following link shows the level for the location you are traveling to - htt s://das.iowa. ov/state-accountin /travel- relocation/out-state-travellout-state-cit -levels Level Level Level Level Breakfast $ 8.00 $ 8.00 $10.00 $12.00 Lunch $10.00 $11.00 $12.00 $15.00 Dinner $19.00 $25.00 $29.00 $38.00 In-state lodging is limited to $72.80 including taxes. Out-of state lodging limits are defined by the federal travel regulations (FTR) https://www.asa.gov/travel/-olan-book/-Der-them-rates There may be exceptions to the lodging rates when staying at the facility hosting the event. If the event location rate exceeds the rate listed above, contact our office to receive prior approval. In the event a reasonable and prudent policy does not exist, State of Iowa approval rates will apply to subrecipient travel costs. Subrecipients are encouraged to contact ODCP with questions regarding travel reimbursement rates and processes. 14.Payments. Expenditure reimbursement shall be made on program cash expenditures included in the grant budget and upon the receipt and acceptance by the ODCP of a properly completed and authorized expenditure report and supporting documentation. Final reimbursement must be requested within 23 days after the end of the grant performance period. Payments may be adjusted by ODCP to correct disallowances resulting from audit or contract review. Reimbursement may be withheld if a grantee is delinquent in program reporting or if the grantee fails to meet any contract condition. 15.Reporting. Form to be Used: Due Date: a. Claim for Reimbursement - Completed Due by the 23rd day of each month, online at www.iowa�rants.gov following expenditures. Projects in good standing may elect to submit on a quarterly basis. Final Payment shall be requested within 23 days of the end of the grant performance period. b. Quarterly Progress Reorts - Completed Due Date: online at www.iowagrants.Kov October 23rd S Page 74 of 394 January 23rd April 23rd July 23rd c. Inventory Re ort Form Due Date Equipment purchased all or in part 30 Days from the end of the with grant funds must be listed grant performance period. on the inventory report form. (See property.) Due to the ODCP 30 days after the grant period. d. Annual Audit Report Due Date If agencies are exempt from, audit For July 18t through June 30th requirements, the Grantee must keep audit is due by March 318t records that are available for review or audit by appropriate officials including the Federal agency, the State agency, and the US Government Accountability Office (GAO). 16.Awards to private agencies - accounting system audit requirement. These organizations must have financial and compliance audits conducted by qualified individuals who are organizationally, personally, and externally independent from those who authorize the expenditure of Federal funds. This audit must be conducted in accordance with the Government Auditing Standards (July 2018 Revision), as found on the GAO website. The purpose of this audit is to ascertain the effectiveness of the financial management systems and internal procedures that have been established to meet the terms and conditions of the award. Audits must be conducted no less frequently than every 2 years. The dollar threshold applies as established for audit reports in OMB Circular A-133, as amended. 17.Audits. Subrecipients of Federal funds are required to permit access to their records and financial statements as necessary to comply with Title 2 CFR Part 200, Subpart F Audit Requirements and Code of Iowa, Chapter 11, Audit of Counties, Cities and School Districts. Non-Federal entities that expend $750,000 or more in Federal funds (from all sources including pass-through subawards) in the State fiscal year (July 1 - June 30) shall have a single organization-wide audit conducted in accordance with the provisions of Title 2 CFR Part 200, Subpart F. Non-Federal entities that expend less than $750,000 in Federal awards in a fiscal year are exempt from audit requirements for that year. Records must be available for review or audit by appropriate officials including the Federal agency, pass-through entity, and General Accounting Office (GAO). 9 Page 75 of 394 A management letter must be submitted with the audit report. Grantee audit reports must be submitted no later than nine (9) months after the close of each fiscal year during the term of the award. Grantees shall comply with any audit resolution activities as directed by the ODCP. Audit costs for audits not required or performed in accordance with Title 2 CFR Part 200, Subpart F are not allowable. if the grantee did not expend $750,000 or more in Federal funds in its fiscal year, but contracted with a certified public accountant to perform an audit; these costs may not be charged to the grant. 18.Monitoring/Evaluation. The ODCP reserves the right to monitor the Grantee's performance through site visits, reports, or other means deemed necessary by the ODCP. The Grantee agrees that the ODCP may conduct site visits to review grant compliance, assess management controls, assess the applicable activities or strategies, and provide technical assistance. In addition, the Grantee shall provide any data or information required for the purposes of monitoring and program evaluation. Such evaluation may be conducted by the ODCP or other appropriate agencies. The Grantee shall ensure the cooperation of the Grantee's employees, agents, and board members in such efforts. Following each site visit or review the ODCP may submit a written report to the Grantee, which will identify the findings. A corrective action plan with a timetable to address any deficiencies.or problems noted in the report may be requested by the ODCP. The corrective action plan shall be submitted to the ODCP for the approval within the timeline outlined in the written report. The Grantee shall carry out the plan after it is approved by the ODCP. Failure to do so may result in suspension or termination of funding. 19.Changes in the Program. a. Changes in Service: Changes in types of services provided by the Grantee as agreed to in the application and award require prior approval by the ODCP. Discontinuation or modification of a service without prior approval may result in a decrease in the grant amount or termination of the grant. b. Chan es in Location: The Grantee shall notify the ODCP of any change in office or service location (relocation, addition, or deletion) from that shown in the application within 72 hours of such change. C. Changes in Program Director or Other Personnel: When there is a change in the program director or any other personnel supported by the grant from that shown on the application, the ODCP must be notified. The Grantee is responsible for replacement, and written notification to the ODCP of each action within 72 hours. d. Change in Legal A licant/Grantee: This grant shall not be assigned, transferred, or conveyed in whole or in part by the Grantee to any third party or parties without prior written approval from the ODCP. A change in legal applicant is the process whereby the legal and administrative responsibility for administering the grant is transferred from one legal entity to another. A change of Grantee must be approved in advance by the ODCP. The ODCP reserves the right to not contract with a new Grantee. A written agreement of the original Grantee to relinquish all rights to the project; and, a written agreement of the new Grantee to accept all the terms and 10 Page 76 of 394 conditions of the contract must be submitted to and approved by the ODCP prior to the date of transfer. e. Change in Budget: Due to the fact that budget line item amounts are only estimates of budget expenditure, funds may be reallocated among budget line items. Budget revision requests must be submitted, and approved by, the ODCP prior to the revised expenditure of funds. The ODCP will not reimburse funds for unapproved expenditures. Budget revisions may be requested, via iowa rants. ov by the legal applicant and/or the legal applicant's authorized designee (e.g. the Program/Project Director), who must certify that the change in budget does not constitute a change in the goals and objectives of the program. 20.Copyrights. The U.S. Department of Justice and the State of Iowa, ODCP reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: a) the copyright in any work developed under a grant, or contract under a grant or subgrant; and b) any rights of copyright to which Grantee or contractor purchases ownership with grant support. 21.Federal Funds Acknowledgment. Program directors are encouraged to make the results and accomplishments of their activities available to the public. Prior ODCP approval is not needed for publishing the results of an activity under a grant project; however, an acknowledgment of State/Federal support must be made. The Grantee shall, when issuing statements, press releases, and other documents describing the grant project, clearly state: a) the percentage of the total cost of the project which was or will be financed with Federal and State funds: and b) the dollar amount of Federal and State funds for the roject. Any publication (written, visual, or sound), whether published at the Grantee's or government's expense, shall contain the following statements: (NOTE: This excludes press releases, newsletters, and issue analyses.) "This project was supported by Grant No. , awarded by the U. S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice or the Governor's Office of Drug Control Policy." 22.Release of Information and Confidentiality of Records. a. Release of Public Grant Information: The Grantee is required to make available all records, papers and other documents kept by the Grantee relating to the receipt and disposition of any funds, if requested by any member of the public. All such records shall be available except when access to the records is limited by Federal or State confidentiality regulations. The intended use of such information will not be a criterion for release. b. Confidentiality of Records: The Grantee shall maintain the confidentiality of all confidential records related to this grant in accordance with Federal and State laws. Privacy rights of parents and students apply to this program. Grantee policies and procedures shall provide that records of the identity, diagnosis, prognosis, or treatment of any client which are maintained in connection with the performance of 11 Page 77 of 394 the grant be kept confidential and be used only for the purposes and under the circumstances expressly authorized under the Federal confidentiality regulations 42 CFR part 2 "Confidentiality of Alcohol and Drug Abuse Patient Records" and the Code of Iowa, Chapter 22.7.The Grantee shall comply with all confidentiality requirements of 42 U.S.C. 37898 and 28 CFR part 22 that are applicable to the collection, use, and revelation of data or information. 23.Protection of human research subjects The grantee (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 24.Conflict of Interest. The Grantee shall establish safeguards to prevent employees, consultants, or members of governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by the desire for private gain for themselves or others with whom they have family, business, or other ties. 25.Report Misuses of Funds. The Grantee must promptly refer to the ODCP any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subcontract for services. 26.Restrictions and certifications regarding non-disclosure agreements and related matters. No Grantee or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a Federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (whish relates to sensitive compartmented information), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. 1) In accepting this award, the Grantee-- a) represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and 12 Page 78 of 394 b) certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict) reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 27.Drug Free Workplace. Each Grantee receiving an award from the Governor's Office of Drug Control Policy shall certify that it will maintain a drug-free workplace, or in the case of a Grantee, who is an individual, certify to the agency that his or her conduct of award activity will be drug-free. If a Grantee makes a false certification, the Grantee is subject to suspension, termination, and debarment. In order to comply with the Drug Free Workplace Act of 1988, Grantees are required to report any conviction of their employees under a criminal drug statute for violations occurring on the Grantee's premises or off the Grantee's premises while conducting official business. A report of a conviction must be made to the ODCP within ten (10) days of receiving notices of such conviction. 28.Americans With Disabilities Act, The Grantee shall comply with Subtitle A, title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12131-12134, and Department of Justice implementing regulation, 28 CFR Part 35. 29.Imarnigration and Naturalization Service. The Grantee shall complete and keep on file, as appropriate, Immigration and Naturalization Service Employment Eligibility Verification Form (I-9). This form is to be used by recipients of Federal funds to verify that persons are eligible to work in the United States. 30.Limited English Proficiency. "Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help thein comply with Title VI requirements. The guidance document can be accessed on the Internet at www.le ov." Local interpreters and translators may be available through the Iowa Interpreters and Translators Association at https:llwww.iitanet.org . 13 Page 79 of 394 31-Nondiscrimination/Equal Employment Opportunity Program. a. All grant recipients, including contractors, will comply with any applicable Federal nondiscrimination requirements, which may include the following: Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); Juvenile Justice Prevention Act of 1974 (34 U.S.C. § 11182(b)); Civil Rights Act of 1964 (42 U.S.C. 2000d); Rehabilitation Act of 1973 (29 U.S.C. 794); Americans with Disabilities Act of 1990 (42 U.S.C. 12131-34); Education Amendments of 1972 (20 U.S.C. 1681, 1683, 1685-86);Age Discrimination Act of 1975 (42 U.S.C. 6101-07); 28 C.F.R. pt. 42 (U.S. Department of Justice Regulations — Nondiscrimination; Equal Employment Opportunity; Policies and Procedures); and U.S. Department of Justice Regulation — Partnerships with Faith-Based and Other Neighborhood Organizations (28 C.F.R. pt. 38). b. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, or sex against a recipient of funds, the Grantee will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs and the Iowa Governor's Office of Drug Control Policy (ODCP). C. The Grantee will provide an Equal Employment Opportunity Plan(EEOP)to the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights (OCR), if required to submit one. Grantee agencies receiving less than $25,000; grantee agencies with less than 50 employees; and non-profit organizations, Indian Tribes, and medical and education institutions, are exempt from the EEOP requirement, but the grantee is required to claim the exemption through OCR's EEO Reporting Tool at httns://ojp.gov/about/ocr/eeoi).htrn. Grantees required to submit an EEOP shall submit it directly to the OCR through the online EEO Reporting tool. A copy of the certification form shall also be submitted to the ODCP. Information about civil rights obligations of grantees can be found at www.pjp.usdoi.gov/ocr . d. In accordance with Federal civil rights laws, the Grantee shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. All grant recipients, including contractors, will also comply with the Iowa Civil Rights Act. The Iowa Civil Rights Act, (IAC Ch 216), prohibits discrimination in employment because of a person's: Race, Creed, Color, Sex,Age, National Origin, Gender Identity, Sexual Orientation, Disability, or Religion. e. Grant recipients, if required, must make available, upon request, its Affirmative Action Program containing goals and time specifications. f. This contract may be suspended or terminated, in whole or in part, in the event of the Grant recipient's noncompliance with this section and the recipient may be declared ineligible for further contracts with the ODCP. Additionally, the ODCP may take further action by imposing other sanctions or invoking other remedies as provided by the Iowa Civil Rights Act of 1965 or as otherwise provided by law. g. The U.S. Department of Justice, Office for Civil Rights issued an advisory document for grant recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title Vll of the Civil Rights Act of 1964 (June 2013), 14 Page 80 of 394 available at https:Hojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, the Grantee should consult local counsel in reviewing their employment practices. If warranted, the Grantee should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans. 32.Findings of Discrimination. The Grantee assures that in the event a Federal or State court or administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, disability, age, sexual orientation, gender identity, or sex against a recipient of funds, the Grantee will promptly forward a copy of the finding to the Governor's Office of Drug Control Policy. 33.Determination of suitability required, in advance, for certain individuals who may interact with participating minors 1. Advance determination regarding suitability. The Grantee (and any subrecipient at any tier) may not permit any covered individual to interact with any participating minor in the course of activities under the award, unless the Grantee or subrecipient first has made a written determination of the suitability of that individual to interact with participating minors, based on current and appropriate information as described in paragraph 3.e., and taking into account the factors and considerations described in paragraph 4. 2. Updates and reexaminations a. The Grantee (or subrecipient) must, at least every five years, update the searches described in paragraph 3.e, reexamine the covered individual's suitability determination in light of those search results, and, if appropriate, modify or withdraw that determination. b. The Grantee also must reexamine a covered individual's suitability determination upon learning of information that reasonably may suggest unsuitability and, if appropriate, modify or withdraw that determination. 3. Definitions a. "Covered individual" means any individual (other than a participating minor, as defined in this condition, or a client of the Grantee (or subrecipient)) who is expected, or reasonably likely, to interact with any participating minor (other than the individual's own minor children). A covered individual need not have any particular employment status or legal relationship with the Grantee (or subrecipient). Such an individual might be an employee of a Grantee (or subrecipient), but also might be (for example) a consultant, contractor, employee of a contractor, trainee, volunteer, or teacher. b. "Participating minor." All individuals under 18 years of age participating in grant funded activities are participating minors. C. "Interaction" includes physical contact, oral and written communication, and the transmission of images and sound, and may be in person or by electronic (or similar) means. But "interaction" does not include-- 15 Page 81 of 394 i. brief contact that is both unexpected by the Grantee (or subrecipient) and unintentional on the part of the covered individual -- such as might occur when a postal carrier delivers mail to an administrative office. ii. personally-accompanied, contact -- that is, infrequent or occasional contact (for example, by someone who comes to make a presentation) in the presence of an accompanying adult, pursuant to written policies and procedures of the Grantee (or subrecipient) that are designed to ensure that -- throughout the contact -- an appropriate adult who has been determined to be suitable pursuant to this condition will closely and personally accompany, and remain continuously within view and earshot of, the covered individual. d. "Activities under the award." Whether paid for with federal funds from the award, "matching" funds, or "program income" for the award include both-- i. activities carried out under the award by the Grantee (or subrecipient); and ii. actions taken by an entity or individual pursuant to a procurement contract under the award or to a procurement contract under a subaward at any tier. e. "Current and appropriate information" In addition to information resulting from checks or screening required by applicable federal, state, tribal, or local law, and/or by the Grantee's (or subrecipient's) written policies and procedures, current and appropriate information includes the results of all required searches listed below, each of which must be completed no earlier than six months before the determination regarding suitability. i. Public sex offender and child abuse websites/registries A search (by current name, and, if applicable, by previous name(s) or aliases), of the pertinent and reasonably- accessible federal, state, and (if applicable) local and tribal sex offender and child abuse websites/public registries, including— a. the Dru Sjodin National Sex Offender Public Website (www.nsopw.gov); b. the website/public registry for each state (and/or tribe, if applicable) in which the individual lives, works, or goes to school, or has lived, worked, or gone to school at any time during the past five years; and c. the website/public registry for each state (and/or tribe, if applicable) in which the individual is expected to, or reasonably likely to, interact with a participating minor in the course of activities under the award. ii. Criminal history registries and similar repositories of criminal history records For each individual at least 18 years of age who is a covered individual under this award, a fingerprint search (or, if the Grantee or subrecipient documents that a fingerprint search is not legally available, a name-based search, using current and, if applicable, previous names and aliases) -- encompassing at least the time period beginning five calendar years 16 Page 82 of 394 preceding the date of the search request -- of pertinent state (and, if applicable, local and tribal) criminal history registries or similar repositories, including-- a. the criminal history registry for each state in which the individual lives, works, or goes to school, or has lived, worked, or gone to school at any time during the past five years; and b. the criminal history registry for each state in which he or she is expected to, or reasonably likely to, interact with a participating minor in the course of activities under the award. 4. Factors and considerations in determinations regarding suitability In addition to the factors and considerations that must or may be considered under applicable federal, state, tribal, or local law, and under the Grantee's (or subrecipient's) written policies and procedures, in making a determination regarding suitability, the Grantee (or subrecipient) must consider the current and appropriate information described in paragraph 3.e. In particular (unless applicable law precludes it), with respect to either an initial determination of suitability or a subsequent reexamination, the Grantee (or subrecipient) may not determine that a covered individual is suitable to interact with participating minors in the course of activities under the award if the covered individual-- a. Withholds consent to a criminal history search required by this condition; b. Knowingly makes (or made) a false statement that affects, or is intended to affect, any search required by this condition; c. Is listed as a registered sex offender on the Dru Sjodin National Sex Offender Public Website; d. To the knowledge of the Grantee (or subrecipient), has been convicted -- whether as a felony or misdemeanor -- under federal, state, tribal, or local law of any of the following crimes (or any substantially equivalent criminal offense, regardless of the specific words by which it may be identified in law): i. sexual or physical abuse, neglect, or endangerment of an individual under the age of 18 at the time of the offense; ii. rape/sexual assault, including conspiracy to commit rape/sexual assault; iii. sexual exploitation, such as through child pornography or sex trafficking; iv. kidnapping; v. voyeurism; or e. Is determined by a federal, state, tribal, or local government agency not to be suitable. 5. Administration; rule of construction a. The requirements of this condition are among those that must be included in any subaward (at any tier), and must be monitored. They apply as of the date of acceptance of the grant, and throughout the remainder of the period of performance. b. The Grantee is to contact the ODCP with any questions regarding the requirements of this condition and must not allow a covered individual to interact with a participating minor until such questions are answered. c. Nothing in this condition shall be understood to authorize or require the Grantee, any subrecipient at any tier, or any person or other entity, to violate 17 Page 83 of 394 any federal, state, tribal, or local law, including any applicable civil rights or nondiscrimination law. 34-Equal Treatment for Faith Based Organizations. The Grantee shall comply with the applicable requirements of 28 C.F.R. Part 38, governing "Equal Treatment for Faith Based Organizations". The Equal Treatment Regulation provides in part that grant awards may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Grant recipients may still engage in inherently religious activities, but such activities must be separate in time or place from the grant funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs funded through grant funding are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See htti):Ilwww.oi-P.gov/about/ocr/ecival fbo.htm. 35.Lobbying Restrictions. The Grantee agrees that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract or grant, and the Grantee receives Federal funds exceeding $100,000, the Grantee shall complete and submit standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions https:l/www.gsa.gov/forms-library/diselosure-lobbying-activities C. The Grantee shall require that the language of this certification be included in any subcontracts and that all contractors shall certify and disclose accordingly. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 36.Sanctuary Jurisdiction (Iowa Code). The Grantee shall comply with the provisions of Iowa Code chapter 27A, which applies to the enforcement of immigration laws. Grantees who are found to be in non-compliance with Iowa Code 27A are ineligible to receive funds through the ODCP. Rules governing the determination of non-compliance and the reinstatement of eligibility are provided in Iowa Administrative code 541 chapter 13. is Page 84 of 394 37.Liability. a. If any provision contained herein is in conflict with any State or Federal law or shall be declared to be invalid by any court of record of this State, such invalidity shall affect only such portions as are declared invalid or in conflict with the law. Any remaining portion ruled valid by the court shall continue to be in effect. b. The ODCP reserves all administrative, contractual and legal remedies, which are available in the event that the Grantee violates or breaches the terms of this contract. 38.Drug Task Force. Officers funded by the Office of Drug Control Policy who encounter minors who as a direct or indirect result of the presence and or the use of any illegal drug are at risk of exposure, abuse, or neglect shall at a minimum report the encounter to the Department of Human Services. Task forces are strongly encouraged to participate in a Drug Endangered Children program designed to identify and protect the wellbeing of these youth_ 39.Drug Task Force Training. Each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete Department of Justice required online (internet-based) task force training. All task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. When registering for the training, participants should use the preauthorization code QX6S4 40.Use of Force Training Metrics. (Byrne JAG Grantees Only) Law enforcement agencies receiving direct or sub-awarded JAG funding must submit accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public. 41.NEPA Clandestine Methamphetamine Laboratories. This condition facilitates compliance with the provision of the National Environmental Policy ActN( EPA) relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories [hereinafter, "meth lab operations"]. No Federal monies from this award may be obligated to support meth lab operations unless the grant recipient implements this condition. The Office of Justice Programs (OJP), in consultation with the Bureau of Justice Assistance, the Drug Enforcement Administration, and the Office for Community Oriented Policing Services, prepared a Program-level Environmental, health and safety impacts likely to be encountered by law enforcement agencies as they implement specific actions under their methamphetamine laboratory operations. Consistent with the Assessment, 19 Page 85 of 394 the following terms and conditions shall apply to the grant recipient for any OJP funded meth lab operations: a. The grant recipient shall comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to meth lab operations, to include the disposal of the chemicals, equipment, and wastes resulting from those operations. b. Grant recipients shall have a Mitigation Plan in place that identifies and documents the processes and points of accountability within its state. This plan will be used to ensure the adverse environmental, health, and safety impacts in the Assessment are mitigated in a manner consistent with the requirements of this condition. C. Grant recipients shall monitor grant funded meth lab operations to ensure that they comply with the following nine mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's Mitigation Plan. Methamphetamine Mitigation Conditions Where applicable, grant recipients shall: a. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories; b. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetamine laboratories; c. As determined by their specified duties, equip the personnel with OSHA required protective wear and other required safety equipment; d. Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closed laboratory; e. Utilize qualified disposal personnel to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized laboratory; f. Dispose of the chemicals, equipment, and contaminated materials and wastes at properly licensed disposal facilities or, when allowable, at properly licensed recycling facilities; g. Monitor the transport, disposal and recycling components of subparagraphs number "e" and 'T' immediately above in order to ensure proper compliance; h. Have in place and implement a written agreement with the responsible State environmental agency. This agreement must provide that the responsible State environmental agency agrees to: (i) timely evaluate the environmental condition at and around the site of a closed clandestine laboratory; and (ii) coordinate with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if determined necessary by the State environmental agency and in accordance with existing State and Federal requirements; i. Have in place and implement a written agreement with the responsible State or local service agencies to properly respond to any minor, as defined by State law, at the site. This agreement must ensure immediate response by qualified persons who can. (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure 20 Page 86 of 394 immediate medical testing for methamphetamine toxicity; and(iv) arrange for any follow-up tests, examinations, or health care made necessary as a result of methamphetamine toxicity; and j. Report all clandestine lab responses to the Iowa Division of Narcotics Enforcement using EPIC report form 4143. Assistance in completing this form is available by calling 5151281-9454. 42.DUNS/SAM Registration. Grant recipient shall register and provide the Governor's Office of Drug Control Policy a Data Universal Number System (DUNS) number. The Grantee shall maintain a current registration with the System for Award Management (SAM) for the duration of the grant project period. 43.Recipient Integrity and Performance. The Grantee must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) this award. Under certain circumstances, recipients of federal grant funds are required to report information about such proceedings, through the Federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FA-PIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the Federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at http://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. 44.Diselosure of"High Risk" Designation by Federal Agency, The Grantee shall disclose to the Office of Drug Control Policy any designation of"high risk" by any Federal grant-making agency currently or at any time during the course of the period of performance under the award. For purposes of this disclosure, high risk includes any status under which a Federal awarding agency provides additional oversight due to the Grantee's past performance, or other programmatic or financial concerns with the Grantee. 45.Breach of Personally Identifiable Information. The Grantee (including other participating agency supported by the award) must have written procedures in place to respond in the event of an actual or imminent "breach" if it (or participating agency)-- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of a grant-funded program or activity, or 2) uses or operates a "Federal information system" (OMB Circular A-130). The Grantee's breach procedures must include a requirement to report actual or imminent breach of PTI to the Office of Drug Control Policy no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. The ODCP will in turn report the breach to the appropriate Federal agency. 21 Page 87 of 394 46.Withholding of Support, Suspension, and Termination. a. Withholding of Support: With ten (10) days written notice, the ODCP may temporarily withhold payment of funds until, a corrective action plan has been submitted by Grantee and approved by the ODCP. Reasons may include, but are not limited to the following: 1.) Delinquency in submitting required reports; 2.) Failure to provide adequate management of the funds; 3.) Failure to show satisfactory progress in achieving the objectives of the program, or failure to meet the terms and conditions of the contract; and 4.) Failure to regularly coordinate the activities and services with other local providers funded by the ODCP. Temporary withholding of funds does not constitute just cause for the Grantee to interrupt services to clients. b. Suspension: When, as determined by the ODCP, a Grantee has materially failed to comply with the terms and conditions of the grant, the ODCP may, with ten (10) days written notice to Grantee, suspend the grant. Only necessary and proper costs that the ODCP agrees could not have reasonably been avoided during the period of suspension will be paid by the ODCP. Suspension shall remain in effect until the Grantee has shown to the satisfaction of the ODCP that corrective action has been or will be taken, or until the ODCP terminates the grant. C. Termination: 1. Termination for Cause: The ODCP may terminate a grant in whole or in part any time before the date of completion if the ODCP determines that the Grantee has failed in a material way to comply with the terms and conditions of the grant. To terminate a grant, the ODCP must send written notice to the Grantee stating the date and reasons for the termination. Payments to the Grantee will be only for services provided or purchases authorized up to the date of termination. Recovery of funds by the ODCP shall be made in accordance with the terms and conditions of this grant. 2. Termination on Other Grounds: In addition to termination for cause, the ODCP grants may be terminated in whole or in part as follows: a By the ODCP with the consent of the Grantee. Both parties agree on the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. b By the Grantee. Sixty (60) days written notice to the ODCP is required. Such notice shall set forth the reason for such termination. Termination of part of the grant is subject to Section 17 entitled "Changes in the Program." c By the ODCP due to the lack of adequate funds to support the grant. Should this contract terminate prior to the expiration date as set forth in the grant cover page, the Grantee agrees to deliver such information and items which are due as of the date of termination. d By the ODCP in whole or in part without the payment of any penalty or incurring any further obligation to the Grantee whenever the ODCP determines that such termination is in the best interests of the State. In this event, the ODCP shall issue a termination notice to the Grantee at least ten (10) days prior to the effective termination date. Following 22 Page 88 of 394 termination upon notice, the Grantee shall be entitled to compensation, upon submission of invoices and proper proof of claim, for services provided under this contract up to and including the date of termination. e In addition, the ODCP may terminate this contract effective immediately without penalty and without advance notice for any of the following reasons: i. The Grantee furnished any statement, representation, warranty or certification in connection with this Contract, the RFP or other solicitation document that is false, deceptive, or materially incorrect or incomplete; ii. The Grantee or any of its officers, directors, employees, agents, contractors or subcontractors has committed or engaged in fraud, misappropriation, embezzlement, malfeasance, misfeasance, or bad faith; iii. The Grantee terminates or suspends its business; iv. The Grantee has failed to comply with any applicable international, Federal, State (including, but not limited to Iowa Code chapter 8F), or local laws, rules, ordinances, regulations or orders when performing within the scope of this Contract; v. The ODCP determines or believes the Grantee has engaged in conduct that: (a) has or may expose the ODCP or the State to material liability, or (b) has caused or may cause a person's life, health or safety to be jeopardized; vi. The Grantee infringes or allegedly infringes or violates any patent, trademark, copyright, trade dress or any other intellectual property right or proprietary right, or the Grantee misappropriates or allegedly misappropriates a trade secret or ; vii. The Grantee fails to comply with any applicable confidentiality laws, privacy laws, or any provisions of this Contract pertaining to confidentiality or privacy. d In the event of termination, the Grantee shall be reimbursed by the ODCP only for those allowable costs incurred or encumbered up to and .including the termination date, subject to the continued availability of funds to the ODCP. Upon receipt of notice of termination the Grantee shall cease work under this contract and take all necessary or appropriate steps to limit disbursements and minimize costs, and shall furnish a report within thirty (30) days of the date of notice of termination describing the status of all work under the contract. The Grantee shall also immediately cease using and return to the ODCP any personal property, equipment, or materials provided by the ODCP to the Grantee and shall immediately return to the ODCP any payments made by the ODCP for services that were not rendered by the Grantee. e In the event of termination, the Grantee agrees to deliver such information and items which are due as of the date of termination, including but not limited to partially completed plans, drawings, data, documents, surveys, maps, and reports. The Grantee shall ensure a smooth transition of services to clients, regardless of whether this contract terminates prior to or upon the expiration date of the contract. If the 23 Page 89 of 394 Grantee fails to ensure a smooth transition of services to clients, the ODCP may, at its sole discretion, place the Grantee on its list of contractors barred from entering into any contract with the ODCP and immediately terminate all other existing contracts between the ODCP and the Grantee. The Grantee shall cooperate in good faith with the ODCP and its employees, agents and independent contractors during the transition period between the notification of termination and the substitution of any replacement provider. f. The ODCP shall not be liable for the following costs or expenses: unemployment compensation; the payment of workers' compensation claims, which occur during the Contract or extend beyond the date on which the Contract terminates; any costs incurred by Grantee in its performance of the Contract, including, but not limited to, startup costs, overhead or other costs associated with the performance of the Contract; any damages or other amounts associated with the loss of prospective profits, anticipated sales, goodwill, or for expenditures, investments or commitments made in connection with this Contract; any taxes Grantee may owe in connection with the performance of this Contract, including, but not limited to, sales taxes, excise taxes, use taxes, income taxes or property taxes. g The ODCP reserves all administrative, contractual and legal remedies which are available in the event that the Grantee violates or breaches the terms of this contract. 47.Indemnification. The Grantee and its successors and assignees agree to indemnify and hold harmless the State of Iowa and the ODCP and its officers, employees, agents, and volunteers from any and all liabilities, damages, settlements, judgments, costs and expenses, including the reasonable value of time spent by the Attorney General's Office and the costs and expenses and reasonable attorney fees of other counsel required to defend the ODCP or the State of Iowa, related to or arising from any of the following: a. Any violation of this contract. b. Any negligent, intentional, or wrongful act or omission of the Grantee, its officers, employees, agents, board members, contractors or subcontractors, or any other person in connection with this project. C. Any infringement of any patent, trademark, trade dress, trade secret, copyright, or other intellectual property right. d. The Grantee's performance or attempted performance of this contract. e. Any failure by the Grantee to comply with all Federal, State, and local laws and regulations. f. Any failure by the Grantee to make all reports, payments, and withholdings required by Federal and State law with respect to social security, employee income, and other taxes, fees, or costs required by the Grantee to conduct business in the State of Iowa. g. The death, bodily injury or damage to property of any enrollee, agent, employee, business invitee or business visitor of the Grantee or any of its subcontractors. h. Any failure by the Grantee to adhere to the confidentiality provisions of this contract. 48.Warranties. a. The Grantee represents and warrants that: (i) all Deliverables shall be wholly original with and prepared solely by Grantee; or it owns, possesses, holds, and has received or secured all rights, permits, permissions, licenses and authority necessary 24 Page 90 of 394 to provide the Deliverables to the ODCP hereunder and to assign, grant and convey the rights, benefits, licenses and other rights assigned, granted or conveyed to the ODCP hereunder or under any license agreement related hereto without violating any rights of any third party; (ii) Grantee has not previously and will not grant any rights in any Deliverables to any third party that are inconsistent with the rights granted to the ODCP herein; and (iii) the ODCP shall peacefully and quietly have, hold, possess, use and enjoy the Deliverables without suit, disruption or interruption. b. The Grantee represents and warrants that: (i) the Deliverables (and all intellectual property rights and proprietary rights arising out of, embodied in, or related to such Deliverables); and (ii) the ODCP's use of, and exercise of any rights with respect to, the Deliverables (and all intellectual property rights and proprietary rights arising out of, embodied in, or related to such Deliverables), do not and will not, under any circumstances, misappropriate a trade secret or infringe upon or violate any copyright, patent, trademark, trade dress or other intellectual property right, proprietary right or personal right of any third party. Grantee further represents and warrants there is no pending or threatened claim, litigation or action that is based on a claim of infringement or violation of an intellectual property right, proprietary right or personal right or misappropriation of a trade secret related to the Deliverables. Grantee shall inform the ODCP in writing immediately upon becoming aware of any actual,potential or threatened claim of or cause of action for infringement or violation - or an intellectual property right, proprietary right, or personal right or misappropriation of a trade secret. If such a claim or cause of action arises or is likely to arise, then Grantee shall, at the ODCP's request and at the Grantee's sole expense: (i) procure for the ODCP the right or license to continue to use the Deliverable at issue; (ii) replace such Deliverable with a functionally equivalent or superior Deliverable free of any such infringement, violation or misappropriation; (iii) modify or replace the affected portion of the Deliverable with a functionally equivalent or superior Deliverable free of any such infringement, violation or misappropriation; or (iv) accept the return of the Deliverable at issue and refund to the ODCP all fees, charges and any other amounts paid by the ODCP with respect to such Deliverable. In addition, Grantee agrees to indemnify, defend, protect and hold harmless the State and its officers, directors, employees, officials and agents as provided in the Indemnification section of this Contract, including for any breach of the representations and warranties made by Grantee in this section. The foregoing remedies shall be in addition to and not exclusive of other remedies available to the ODCP and shall survive termination of this Contract. C. The Grantee represents and warrants that the Deliverables (in whole and in part) shall: (i) be free from material Deficiencies; and (ii) meet, conform to and operate in accordance with all Specifications. d. The Grantee represents, warrants and covenants that all services to be performed under this Contract shall be performed in a professional, competent, diligent and workmanlike manner by knowledgeable, trained and qualified personnel, all in accordance with the terms and Specifications of this Contract and the standards of performance considered generally acceptable in the industry for similar tasks and projects. In the absence of a Specification for the performance of any portion of this Contract, the parties agree that the applicable specification shall be the generally accepted industry standard. So long as the ODCP notifies Grantee of any services 25 Page 91 of 394 performed in violation of this standard, Grantee shall re-perform the services at no cost to the ODCP, such that the services are rendered in the above-specified manner, or if the Grantee is unable to perform the services as warranted, Grantee shall reimburse the ODCP any fees or compensation paid to Grantee for the unsatisfactory services. e. The Grantee represents and warrants that the Deliverables will comply with any applicable Federal, State, foreign and local laws, rules, regulations, codes, and ordinances in effect during the term of this Contract, including applicable provisions of Section 508 of the Rehabilitation Act of 1973, as amended, and all standards and requirements established by the Architectural and Transportation. Barriers Access Board and the Iowa Department of Administrative Services, Information Technology Enterprise. 49. Status of Grantee. The Grantee shall at all times be deemed an independent contractor. The Grantee, its employees, agents, and any subcontractors performing under this contract are not employees or agents of the State of Iowa or any agency or department of the State. The Grantee shall be responsible for withholding all taxes and shall hold the ODCP harmless for any claims for the same. 50.Choice of Law and Forum. The terms and provisions of this contract shall be construed in accordance with the laws of the State of Iowa. Any and all litigation or actions commenced in connection with this contract shall be brought in Des Moines, Iowa, in the Iowa District Court in and for Polk County, Iowa. If, however, jurisdiction is not proper in the Polk County District Court, the action shall only be brought in the United States District Court for the Southern District of Iowa, Central Division, provided that jurisdiction is proper in that forum. This provision shall not be construed as waiving any immunity to suit or liability that may be available to the ODCP or the State of Iowa. 51.1mmunity from Liability. Every person who is a party to the Contract is hereby notified and agrees that the State, the ODCP, and all of their employees, agents, successors, and assigns are immune from liability and suit for or from Grantee's anchor subcontractors' activities involving third parties and arising from the Contract. 52.Compliance with Iowa Code chapter 8F. If the Contract is subject to the provisions of Iowa Code chapter 8F, the Grantee certifies it will comply with the requirements of the Iowa Code chapter 8F. The Grantee shall forward any compliance documentation, including but not limited to certifications, and any compliance documentation received from subcontractors by the Grantee to the ODCP. 53.Enhancem,ent of Contractor Employee Whistleblower Protections. 41 U.S.C. 4712 states, "employees of a contractor, subcontractor, grantee [or subgrantee] may not be discharged, demoted, or otherwise discriminated against as a reprisal for "whistleblowing." In addition, whistleblowing protections cannot be waived by any agreement, policy, form or condition of employment. 26 Page 92 of 394 Whistleblowing is defined as making a disclosure "that the employee reasonably believes is evidence of any of the following: • Gross mismanagement of a Federal contract or grant; • A gross waste of Federal funds; • An abuse of authority relating to a Federal contract or grant; • A substantial and specific danger to public health or safety; or, • A violation of a law, rule, or regulation related to a federal contract or grant (including the competition for, or negotiation of, a contract or grant). To qualify under the statute, the employee's disclosure must be made to: • A member of Congress, or a representative of a Congressional committee; • An Inspector General; • The Government Accountability Office; • A federal employee responsible for contract or grant oversight or management at the relevant agency; • An official from. the Department of Justice, or other law enforcement agency; • A court or grand jury; or, • A management official or other employee of the contractor, subcontractor, grantee, or subgrantee who has the responsibility to investigate, discover, or address misconduct. The requirement to comply with, and inform all employees of the "Pilot Program for Enhancement of Contractor Employee Whistleblower Protections" is in effect for all grants, contracts, subgrants, and subcontracts: 54.Ownership of Deliverables. Ownership and Assignment of Other Deliverables. The Grantee agrees that the State and the ODCP shall become the sole and exclusive owners of all Deliverables. Grantee hereby irrevocably assigns, transfers and conveys to the State and the ODCP all right, title and interest in and to all Deliverables and all intellectual property rights and proprietary rights arising out of, embodied in, or related to such Deliverables, including copyrights, patents, trademarks, trade secrets, trade dress, mask work, utility design, derivative works, and all other rights and interests therein or related thereto. Grantee represents and warrants that the State and the ODCP shall acquire good and clear title to all Deliverables, free from any claims, liens, security interests, encumbrances, intellectual property rights, proprietary rights, or other rights or interests of Grantee or of any third party, including any employee, agent, contractor, subcontractor, subsidiary or affiliate of Grantee. The Grantee (and Grantee's employees, agents, contractors, subcontractors, subsidiaries and affiliates) shall not retain any property interests or other rights in and to the Deliverables and shall not use any Deliverables, in whole or in part, for any purpose, without the prior written consent of the ODCP and the payment of such royalties or other compensation as the ODCP deems appropriate. Unless otherwise requested by ODCP, upon completion or termination of this Contract, Grantee will immediately turn over to ODCP all Deliverables not previously delivered to the ODCP, and no copies thereof shall be retained by Grantee or its employees, agents, subcontractors or affiliates, without the prior written consent of the ODCP. To the extent any of Grantee's rights in any Deliverables are not subject to assignment or transfer hereunder, including any moral 27 Page 93 of 394 rights and any rights of attribution and of integrity, Grantee hereby irrevocably and unconditionally waives all such rights and enforcement thereof and agrees not to challenge the State's rights in and to the Deliverables. 55.Confidentiality, IT Standards, and Security. a. The Grantee will comply with and adhere to the following the ODCP and State information technology standards and provide training to Grantee's employees and subcontractors concerning such standards, procedures and protocols as applicable. 1. Data Backup Standard: Applicable to Grantees which utilize data systems to process, store, transmit or monitor information essential to the performance of the ODCP required services. 2. Data Stewardship Standard: Applicable to Grantees which utilize data systems to process, store, transmit or monitor information essential to the performance of ODCP required services. 3. Interconnectivity Standard: Applicable to Grantees which utilize data systems to process, store, transmit or monitor information essential to the performance of ODCP required services. 4. Laptop Data Protection Standard: Applicable to Grantees which utilize laptops to process, store, transmit or monitor data essential to the performance of the ODCP required services or connects to state owned or managed network. 5. Removable Storage Encryption Standard: Applicable to Grantees which utilize removable storage devices to process, store, transmit or monitor information essential to the performance of the ODCP required services. 6. Web Application Security Standard: Applicable to Grantees which develop, manage or utilize state resources including but not limited to websites, data systems, desktop applications and web based services. 7. Website Accessibility Standard: Applicable to Grantees which develop and maintain ODCP web pages. Current state information technology standards are accessible online at. httl)s://ocio.iowa.gov/home/standards b. The Grantee will take all precautions and actions necessary to: (i) prevent unauthorized access to the ODCP's and the State's systems, networks, computers, property, records, data, and information; and (ii) ensure that all of the ODCP's and the State's documentation, electronic files, data, and systems are developed, used, and maintained in a secure manner, protecting their confidentiality, integrity and availability. Grantee agrees that it will not copy, reproduce, transmit, or remove any ODCP (or State) information or data without the prior written consent of the ODCP. Grantee agrees that it shall be liable for any damages, losses, and expenses suffered or incurred by the ODCP or the State as a result of: (a) any breach of this section, or (b) any breaches of security (including those described below) that are caused by any action or omission of Grantee or Grantee's employees, agents and subcontractors. Breaches of security include, but are not limited to: I Disclosure of confidential or sensitive information; 28 Page 94 of 394 2 Unauthorized access to ODCP or State systems, 3 Illegal technology transfer; 4 Sabotage or destruction of ODCP or State information or information systems; 5 Compromise or denial of ODCP or State information or information systems; 6 Damage to or loss of ODCP or State information or information systems; and 7 Theft. a. The Grantee shall immediately report to the ODCP any such breach of security. In the event of a breach of this section or any breach of security as described herein, the ODCP may terminate this Agreement immediately without penalty or liability to the ODCP and the State and without affording Grantee any opportunity to cure. 56.Qualifications of Staff. The Grantee shall be responsible for assuring that all persons, whether they are employees, agents, subcontractors or anyone acting for or on behalf of the Grantee, are properly licensed, certified or accredited as required under applicable Federal and State law and the Iowa Administrative Code. The Grantee shall provide standards for service providers who are not otherwise licensed, certified or accredited under Federal or State law or the Iowa Administrative Code. 57.State Agencies and Iowa Regent Institutions. If the Grantee is a state agency or state of Iowa Regent Institution: a) Section 45 (Indemnification) and Section 47 (Status of Grantee) shall be of no force and effect. b) Section 46 (Warranties) shall be modified to delete the phrase "and warrants" each time said phrase is mentioned. Additionally, the following sentence shall be deleted from 46(b): "In addition, Grantee agrees to indemnify, defend, protect and hold harmless the State and its officers, directors, employees, officials and agents as provided in the Indemnification section of this Contract, including for any breach of the representations and warranties made by Grantee in this section." c) Section 52 shall be modified to add the following sentence: The ODCP and State agree to provide to Grantee a non-exclusive, royalty-free license to use the Deliverables for its own research and educational purposes, for the purpose of complying with this Grant, and for any purpose authorized or required by federal or state law. Revised May 20, 2021 29 Page 95 of 394 Iowa Governor's Office of Drug Control Policy STANDARD GRANT CONDITIONS CERTIFICATION Legal Applicant & Program/Project Director On behalf of, (agency) City of Waterloo I have read,understand, and agree to abide by the Standard.Grant Conditions for the Iowa/Governor's Office of Drug Control Policy Grant Program. Quentin Hart, Mayor (Legal Applicant—Print or Type) (Signature Legal Applicant) (Date) Jnel Fittgerald Sr, Chief. of Police (Program/Project Director—Print or Type) (Signature Program/Project Director) (Date) Iowa Governor's Office of Drug Control Policy STANDARD GRANT CONDITIONS CERTIFICATION Contract Services (If Applicable) (contracting agency) has entered into an agreement with al Applicant)to provide services through a grant provided by the Office of Drug Control Policy. The applicant a cy has provided a copy of the standard grant conditions. I have read, understand, and agree to abide by t tandard Grant Conditions for the Iowa/Governor's Office of Drug Control Policy Grant Program. (Signature Contracting A cy) (Date) 31 Page 96 of 394 CITY OF WATERLOO Council Communication Resolution accepting Meth HotSpots Grant funds from October 1, 2020 to June 30, 2022, in the amount of $28,000 with no matching funds, as a sub-recipient from the Governor's Office of Drug Control Policy, and authorizing the Mayor and Chief of Police to execute said document. City Council Meeting: 10/4/2021 Prepared: 9/21/2021 ATTACHMENTS: Description Type ❑ Meth Hot Spots Grant Award 2021 Extension Unsigned Backup Material ❑ Meth Hot Spots Grant Certified Assurances 2021 Backup Material Extension Unsigned ❑ Meth Hot Spots Grant Conditions 2021 Extension Backup Material Unsigned Resolution accepting Meth HotSpots Grant funds from October 1, 2020 to SUBJECT: June 30, 2022, in the amount of 528,000 with no matching funds, as a sub- recipient from the Governor's Office of Drug Control Policy, and authorizing the Mayor and Chief of Police to execute said document. Submitted by: Submitted By:Matt McGeough, Police Captain Request that the City Council pass a resolution authorizing Mayor Hart and Chief Fitzgerald to receive Meth HotSpot grant money as a sub-recipient Recommended Action: from the Governor's Office of Drug Control, for a$28,000 grant with no matching funds required. The money will directly pay overtime costs associated with the investigation into mid and high level Methamphetamine crimes. This is a grant extension under Grant#19-CAMP-16. Your approval of this grant will enable the Tri-County Drug Task Force to Summary Statement: further investigate mid and high level Methamphetamine crimes creating a safer community. Data/Analysis and Strategies: N/A Implementation,Accountability, N/A and Communication: Expenditure Required/Source of N/A Funds: Alternative: N/A Page 97 of 394 METHAMPHETAMINE DRUG HOT SPOTS GRANT PROGRAM Governor's Office of Drug Control Policy Pape State Office Bldg., 5th Floor 215 E. 7th Street,Des Moines,Iowa 50319(515)725-0300 Meth Hots ots CFDA#16.710 Grantee: Grant 419-CAMP-16 Waterloo Police Department Grant Period: October 1,2020 through June 30, 2022 715 Mulberry Street (Revised 9/20/21) Street Waterloo,4owa 50703-5714 Federal: $28,000 Match: $0 'Dotal: $28,000 ODCP Contact:Dennis Wiggins 515/725-0311 Legal Applicant: Program Director: Joel Fitzgerald Sr. Quentin Hart This grant is subject to the terms and conditions incorporated either directly or indirectly by reference in the grantprogram legislation,the grant program request for proposal,and the stipulations, if any, noted under "Special Conditions." .twxcepi for any waiver granted explicitly elsewhere in this grant, this award does not constitute approval of waiver from any Federal or state statutory/regulatory requirements for a United States Department of Justice grant. The grantee agrees to perform all services and furnish all supplies set forth in the application of this grant award for the consideration stated herein. This grant consists of the application for funds, the grant award notice, the budget documents, the standard grant conditions, the reporting forms,and all approved grant revision documents. All parties to this grant award acknowledge that they have fully read and understand this contract, and agree to abide by the terms set forth within. SPECIAL CONDITIONS • Grant funding is provided to assist project with mid to high level mehtamphetamine investigations or precursor diversion investigations. • Targets of investions will be shared with the Division of Intelligence to be entered into the LEIN database system. • Projects will regularly deconflict investigations by searching potential targets in the LEIN database systern. In witness wherefore,the parties hereto have executed this grant the day and year specified below. SIGNATURES/DATES Legal Applicant/Date Program Director/Date ODCP Administrator/Date Page 98 of 394 Iowa Governor's Office of Drug Control Policy CERTIFIED ASSURANCES NON-SUPPLANTING The grantee assures that Federal funds made available under this formula grant will not be used to supplant State or local funds,but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for project activities. MATCHING FUNDS The grantee assures that matching funds required to pay the non-Federal portion of the cost of each program and project, for which grant funds are made available, shall be in addition to funds that would otherwise be made available for criminal justice activities by the recipients of grant funds and shall be provided on a project-by- project basis. RECORD KEEPING The grantee assures that fund accounting, auditing, monitoring, evaluation procedures, and such records as the Governor's Office of Drug Control Policy shall require, shall be provided to assure fiscal control, proper management, and efficient disbursement of funds received. REPORTING The grantee assures that it shall maintain such data and information and submit such reports in such form, at such times, and containing such data and information as the Governor's Office of Drug Control Policy may reasonably require to administer the program. FINANCIAL AND ADMINISTRATIVE GUIDE The grantee assures that it will comply with the provisions of the Office of Justice Programs' "Financial and Administrative Guide for Grants. http://oip.gov/financiaiguide/DOJ/index.htm COMPLIANCE WITH FEDERAL PROCEDURES The grantee assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative agreements, including Part II, Applicability of Office of Management and Budget Circulars; Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information Systems; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; and Part 63, Floodplain Management and Wetland Protection Procedures. DUNS/SAM Registration: The grantee assures that it will register and provide the Governor's Office of Drug Control Policy a Data Universal Number System (DUNS)number. The recipient shall maintain a current registration with the System for Award Management(SAM) for the duration of the grant project period. Recipient Integrity and Performance The grantee assures that it will comply with any and all applicable requirements regarding reporting of I Page 99 of 394 Iowa Governor's Office of Drug Control Policy information on civil, criminal, and administrative proceedings connected with(or connected to the performance of)this award. Under certain circumstances,recipients of federal grant funds are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS")within SAM are posted on the OJP web site at http://ojp.gov/funding/FAPIIS.htm(Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. CERTIFICATION I certify that the program in this application meets all the requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; that all the information presented is correct; and the application will comply with the provisions of the Act and all other Federal laws,regulations, and guidelines. By appropriate language incorporated in each subcontract or other document under which funds are to be disbursed,the undersigned shall assure the applicable conditions above apply to all recipients of assistance. Signature -Project Director Signature - Legal Applicant Date Date 2 Page 100 of 394 Iowa Governor's Office of Drug Control Policy CIVIL RIGHTS REQUIREMENTS INFORMATION 1. Civil Rights Contact Person: Abraham Funches 2. Title/Address: Executive Director 630 Mulberry Street Waterloo, 1A 50703 3. Telephone Number: 319-291-4441 4. Number of persons employed by the agency responsible for administering this grant: 123 Sworn Officers, 9 Civilian„employees 3 Page 101 of 394 Iowa Governor's Office of Drug Control Policy US DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS (Sub-Recipient) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67, Section 67.510, participants' responsibilities. The regulations were published as Part VIII of the May 26, 1988 Federal Register(pages 19160-19211). (BEFORE COMPLETING-CERTIFICATION,READ INSTRUCTIONS ON FOLLOWING PAGE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in the certification, such prospective participant shall attach an explanation to this proposal. Quentin Hart, Mayor Name and Title of Authorized Representative Signature Date City of Waterloo, Police Department Name of Organization 715 Mulberry Street, Waterloo, IA 50703 Address of Organization 4 Page 102 of 394 Iowa Governor's Office of Drug Control Policy INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIED COVERED TRANSACTIONS 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. 3. The prospective Iower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, 5. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Non-procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 5 Page 103 of 394 Iowa Governor's Office of Drug Control Policy U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONREGARIDING IIA, REQUIREMENTS DRUG-FREE WORKPLACE ,.... Grantees Other Than Individuals This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988,28 CFR Part 67,Subpart F. .The regulations,published in the May 25, 1990 Federal Register,require certification by grantees,prior to award,that they will maintain a drug-free workplace. The certification set out below is a material representation of fact upon which reliance will be placed when the agency determines to award the grant. False certification or violation of the certification shall be grounds for suspension of payments,,suspension or termination of grants,or government wide suspension or debarment(see 28 CFR Part 67, Sections 67.615 and 67.620). The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about-- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling,rehabilitation,and employee assistance programs;and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Malting it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(a); (d) Notifying the employee in the statement required by paragraph(a)that,as a condition of employment under the grant,the employee will-- (1) Abide by the terms of the statement;and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the agency within ten days after receiving notice under subparagraph(d)(2)from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions,within 30 days of receiving notice under subparagraph(d)(2),with respect to any employee who is so convicted-- (1) Taking appropriate personnel action against such an employee,up to and including termination;, consistent with the requirements of the Rehabilitation Act of 1973,as amended;or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal,State,or local health,law enforcement,or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a),(b), (c),(d),(e)and(f). Place(s)of Performance: The grantees shall insert in the space provided below the site(s)for the performance of work done in connection with the specific grant(street address,City,County,State,zip code):, Ut ,iof Waterloo Organization Name Quentin Hart, Mayor Name and Title of Authorized Representative Signature Date 6 Page 104 of 394 Iowa Governor's office of Drug Control Policy CERTIFICATION REGARDING LOBBYING Each person shall file the most current edition of this certification and disclosure form, if applicable,with each submission that initiates agency consideration of such person for an award of a Federal contract, grant, or cooperative agreement of$100,000 or more; or Federal loan of$150,000 or more. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not Iess than $10,000 and not more than$100,000 for each such failure. The undersigned certifies,to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any non-Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall initial here and complete and submit Standard Form # LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Forms are available from the Governor's Office of Drug Control Policy.) (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers and that all sub-recipients shall certify and disclose accordingly. Cityoof Waterloo 735--°Mulberty 'Street, Waterloo, IA 50703 Quentin: Hart, Mayor Name and Address of Organization Name of Authorized individual Signature and Date Revised 1211412020 7 Page 105 of 394 IOWA GOVERNOR'S OFFICE OF DRUG CONTROL POLICY STANDARD GRANT CONDITIONS Byrne Justice Assistance Grant; Methamphetamine Hot Spots; Residential Substance Abuse Treatment; Byrne Discretionary; Second Chance; Drug Court; Post-conviction Testing of DNA Evidence to Exonerate the Innocent; Project Safe Neighborhoods; John R. Justice; Drug Free Communities; Anti-Heroin Task Force; Comprehensive Opioid Abuse Program; Paul Coverdell Forensic Science; Coronavirus Emergency Supplemental Funding, and any other Grant administered by the Governor's Office of Drug Control Policy involving federal or state funding. Table of Contents 1. General. .......................................................................................................................................................................................2 2. Definitions...................................................................................................................................................................................3 3. Accountability for All Grantees...................................................................................................................................................3 4. Additional Guidance for Nonprofit Organizations......................................................................................................................3 5. Accounts and Records............................................................................:....................................................................................4 6. Cash/In-Kind Match(If required and included in the approved budget).....................................................................................4 7. Non-Supplanting Requirement....................................................................................................................................................5 8. Program Income..........................................................................................................................................................................5 9. Subcontracting.............................................................................................................................................................................6 10. Unreasonable restrictions on competition under the award;association with federal government.............................................6 11. Property and Equipment..............................................................................................................................................................6 12. Computer Systems.......................................................................................................................................................................7 13. Travel...........................................................................................................................................................................................7 14. Payments....................................................................................................:.................................................................................8 15. Reporting.....................................................................................................................................................................................8 16. Awards to private agencies-accounting system audit requirement............................................................................................9 17. Audits: ........................................................................................................................................................................................9 18. Monitoring/Evaluation...............................................................................................................................................................10 19. Changes in the Program..................................................................................... 20. Copyrights.................................................................................................................................................................................11 21. Federal Funds Acknowledgment................................................................................ ............................................................11 22. Release of Information and Confidentiality of Records............................................................................................................11 23. Protection of human research subjects.......................................................................................................................................12 24. Conflict of Interest.....................................................................................................................................................................12 25. Report Misuses of Funds...........................................................................................................................................................12 26. Restrictions and certifications regarding non-disclosure agreements and related matters.........................................................12 27. Drug Free Workplace................................................................................................................................................................13 28. Americans With Disabilities Act...............................................................................................................................................13 29. Immigration and Naturalization Service....................................................................................................................................13 30. Limited English Proficiency......................................................................................................................................................13 31. Nondiscrimination/Equal Employment Opportunity Program..................................................................................................14 1 Page 106 of 394 32. Findings of Discrimination........................................................................................................................................................15 33. Determination of suitability required,in advance,for certain individuals who may interact with participating minors...........15 34. Equal Treatment for Faith Based Organizations........................................................................................................................18 35. Lobbying Restrictions................................................................................................................................................................18 36. Sanctuary Jurisdiction(Iowa Code)...........................................................................................................................................18 37. Liability.....................................................................................................................................................................................19 38. Drug Task Force........................................................................................................................................................................19 39. Drug Task Force Training. ........................................................................................................................................................19 40. Use of Force Training Metrics...................................................................................................................................................19 41. NEPA Clandestine Methamphetamine Laboratories.................................................................................................................19 42. DUNS/SAM Registration..........................................................................................................................................................21 43, Recipient Integrity and Performance.........................................................................................................................................21 44. Disclosure of"High Risk"Designation by Federal Agency......................................................................................................21 45. Breach of Personally Identifiable Information. .........................................................................................................................21 46. Withholding of Support, Suspension,and Termination.............................................................................................................22 47. Indemnification..........................................................................................................................................................................24 48. Warranties..................................................................................................................................................................................24 49. Status of Grantee. ......................................................................................................................................................................26 50. Choice of Law and Forum.........................................................................................................................................................26 51. Immunity from Liability............................................................................................................................................................26 52. Compliance with Iowa Code chapter 8F....................................................................................................................................26 53. Enhancement of Contractor Employee Whistleblower Protections...........................................................................................26 54. Ownership of Deliverables............................................................. .................27 55. Confidentiality,IT Standards,and Security...............................................................................................................................28 56. Qualifications of Staff. ..............................................................................................................................................................29 57. State Agencies and Iowa Regent Institutions.............................................................................................................................29 1. General. These standard grant conditions, unless otherwise stated herein, apply to the following grant programs administered in Iowa by the Governor's Office of Drug Control Policy (ODCP): Byrne Justice Assistance Grant; Methamphetamine Hot Spots; Residential Substance Abuse Treatment; Byrne Discretionary; Second Chance; Drug Court; Post- conviction Testing of DNA Evidence to Exonerate the Innocent; Project Safe Neighborhoods; John R. Justice; Drug Free Communities; Anti-Heroin Task Force; Comprehensive Opioid Abuse Program; Paul Coverdell Forensic Science; and any other Grant administered by the ODCP involving Federal or State funding. The Grantee shall provide the necessary facilities, materials, services, and qualified personnel to perform and/or provide all the services set forth in the approved application and the letter of notification for the grant amount. The grant budget will be a basis for the Grantee's expenditure of the grant amount. Acceptance of the terms and conditions of the 2 Page 107 of 394 grant is indicated by the applicants' signatures on the grant contract, attached certification, and by requesting and expending grant funds. The Grantee shall abide by all applicable Federal, State, and local laws, rules and regulations. The Grantee shall comply with all applicable U.S. Department of Justice Grant Award Special Conditions which govern subrecipientslsubgrantees. The Certified Assurances and forms signed and or submitted via www.iowa r�ants.gov by the Grantee in making application for grant funds are incorporated herein. 2. Definitions. a. "Deliverable" means any good, product, service, work, work product, item, material or property created, developed, produced, delivered, performed or provided by or on behalf of Grantee in connection with this contract. b. "JAG" means the Federal Byrne—Justice Assistance Grant program, for which the ODCP is the State Administering Agency in Iowa. C. "Grantee" or "Legal Applicant" or "Recipient" means the governmental agency contracting with the Governor's Office of Drug Control Policy d. "ODCP" means Governor's Office of Drug Control Policy. e. "Program/Project Director" means the person who has been delegated authority to administer the project described in the application. f. "Special Conditions" means those conditions applying uniquely to this grant contract as identified on the grant contract page. g. "Standard Grant Conditions" means those conditions applying to all ODCP grant contracts. h. "State" means the State of Iowa. 3. Accountability for All Grantees. The Grantee shall promote effectiveness, efficiency, and accountability. The Grantee must serve the public in an ethical and transparent manner, including operating professionally, truthfully, fairly, and with integrity and accountability to uphold public trust. The ODCP reserves the right to verify the contents of the Grantee's application and any assertions, reporting, attestations, and submissions to the ODCP or any other governmental agency throughout the term of the grant. If the ODCP determines the Grantee has provided false, misleading, or inaccurate information to the ODCP or another governmental agency, grant funds may be withheld, suspended or terminated. 4. Additional Guidance for Nonprofit Organizations. A nonprofit organization awarded a subcontract pursuant to section 9 must be aware of and comply with applicable law and regulations. The Iowa Nonprofit Principles and Practices for Charitable Nonprofit Excellence Revised 2016 shall be used as a means of educating nonprofit organizations about the laws and regulations with which they must comply and to provide guidance about good operational practices and ethical conduct. This publication may be accessed at htti)s://inre.law.uiowa.edu/sites/inre.law.uiowa.edu/files/ - 2016ed-web.pdf 3 Page 108 of 394 The purpose of the Iowa Principles and Practices for Charitable Nonprofit Excellence is to promote good management practices, ethical conduct, and public accountability for Iowa charitable nonprofit organizations as they perform their crucial community services. The Principles and Practices are not regulatory. While many of the Principles and Practices will be helpful to all nonprofits, they are specifically written for 50I(c)(3) organizations. The Iowa Principles and Practices for Charitable Nonprofit Excellence are intended to be primarily an educational process designed to improve efficiency and accountability. It is recognized that implementation will take different forms and occur at different levels, given the resources of the nonprofits. 5. Accounts and Records. a. The Grantee shall comply with pertinent state and Federal laws, and the provisions of the Office of Justice Program's (OJP) Financial Guide: https-//oi-P.gov/financialgui(ie/dQi/-odfs/DOJ FinancialGuide pdf b. The Grantee shall maintain accurate, current, and complete records of the financial activity of this contract, including records which adequately identify the source and application of funds. The Grantee shall maintain separate records for each Federal grant or program. Cash or matching contributions made by the Grantee shall be verifiable from the Grantee's records. These records shall contain information pertaining to contract amount, authorizations, obligations, unobligated balances, assets, liabilities, expenditures, and program income. C. The Grantee shall maintain effective control and accountability for all assets, including current and accurate equipment inventory records. The Grantee shall adequately safeguard all such assets and property and assure that it is used solely for authorized purposes. Accounting records shall be supported by source documentation such as canceled checks, paid bills, receipts, payrolls, contract award documents, etc. d. The Grantee, in making project expenditure accounts, records and reports, shall make any necessary adjustments to reflect refunds, credits, underpayments or overpayments, as well as any adjustments resulting from administrative or compliance reviews and audits. Such adjustments shall be set forth in the financial reports filed with the ODCP. e. The Grantee shall maintain a sufficient recordkeeping system to provide statistical data for the purpose of planning, monitoring, and evaluating their program. £ The Grantee shall retain all pertinent records and books of accounts related to this contract for a period of three (3) years following the closure of the Grantee's most recent audit report. In the event of litigation, negotiation or audit findings, the records shall be retained until all issues arising from such actions have been resolved or until the end of the regular three-year period, whichever is later. 6. Cash/In-Kind Match (If required and included in the approved budget). Grant application materials will specify the level and conditions of match required for each grant program. If cash or in-kind match is required, the match will be identified in the grant contract signed by the grantee as well as in the approved budget. If"cash" match is included in the approved budget, the Grantee must be able to demonstrate that the match is from a new appropriation, or from existing resources which were not intended for the stated program purpose 4 Page 109 of 394 The Grantee shall maintain records,clearly showing_the source, the amount, and the timing of all match contributions. The following may be used as cash match: a. Local and State appropriations; b. Funds contributed from private sources; c. Federal funds from the following sources: 1. Housing and Community Development Act of 1974; 2. Appalachian Regional. Development Act; 3. General Revenue Sharing; d. Existing resources (as long as the existing funds were used in areas other than the stated program purpose); e. Salaries of existing personnel who are transferred to grant activities (if the original positions are filled with new personnel; f. Asset forfeiture funds resulting from State or Federal court action per applicable state and Federal guidelines; g. Program income and the related interest earned on that program income generated from projects may be used as match provided it is identified and approved prior to making an award; h. Funds appropriated by Congress for the activities of any agency of a Tribal government or the Bureau of Indian Affairs performing law enforcement functions on Tribal lands; and i. Funds otherwise authorized by law. All fiends designated as match are restricted to the same use as grant program funds. The matching share must be obligated by the end of the period for which Federal funds have been made available for obligation under an approved program or project. The Grantee must submit a written plan for expenditure of matching funds if requested by the ODCP. 7. Non-Supplanting Requirement. Federal funds must be used to supplement existing funds for program activities and not replace those funds which have been appropriated for the same purpose. Potential supplanting will be the subject of application review, as well as pre-award review, post- award monitoring, and audit. If there is a potential presence of supplanting, the grantee will be required to supply documentation demonstrating that the reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 8. Program Income. "Program income" means gross income earned by the Grantee during the grant period as a direct result of the grant award. Direct result is defined as a specific act or set of activities that are directly attributable to grant funds and which are directly related to the goals and objectives of the project. Program income shall be accounted for and used for any purpose that furthers the broad objectives of the legislation under which the award was made. s Page 110 of 394 Program income earnings and expenditures must be reported with claims for reimbursement and must be used in accordance with the provisions of 2 CFR Part 200, Uniform Administrative Requirements. 9. Subcontracting. None of the activities or funds of this grant shall be subcontracted to another organization or individual without specific prior approval by the ODCP, with the exception of subcontracts under $1,000. To obtain ODCP approval, the Grantee shall submit the proposed contract or written agreement between the parties. The contract or agreement must contain a list of the activities to be performed by the subcontractor, and the contract policies and requirements. All grant related certifications and conditions agreed upon by the applicant agency shall be passed on to subcontracting agencies. Subcontractors shall complete the Standard Grant Condition Certification. Open and free competition is required unless specific advanced approval is obtained to use a noncompetitive approach in contracting for a good or service. 10.Unreasonable restrictions on competition under the award; association with federal government Consistent with the (DOJ)Part 200 Uniform Requirements --including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") — no recipient (or subrecipient, at any tier) may(in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. The Grantee monitoring responsibilities include monitoring of subrecipient compliance with this condition. 11.Property and Equipment. a. Iowa Administrative Code, Chapter 110 and Section III 3.7 of OJP's Financial Guide prescribe property rules and regulations. b. The Grantee shall develop procedures to assure competitive acquisition of approved purchases. C. Definition of Equipment: Any item costing $5,000 or more and having an anticipated useful life of more than one year. Chairs, tables, files and movable partitions costing less than $5,000 shall be accounted for in aggregate. All other items of equipment shall be accounted for individually. 6 Page 111 of 394 The above definition identifies a minimum list of items, which must be considered as equipment. The Grantee's accounting system may include other items of equipment as well. d. The Grantee shall maintain property records, inventory control, and maintenance procedures for all non-expendable property purchased all or in part with grant funds. An inventory report form must be completed and submitted with the ,last project report to the ODCP. Procedures for managing equipment (including replacement, whether acquired in whole or in part with project funds), will, at a minimum, contain records, which include the following: 1.) Description of the property; 2.) Serial number or other identification number; 3.) Source of the property; 4.) Identification of who holds the title; 5.) Acquisition date; 6.) Cost of the property; 7.) Location of the property; and S.) Disposition data including the date of disposal and sale price. e. Title of Property: Notwithstanding any other provision of law, title to all expendable and nonexpendable property purchased with grant funds made available under the Grant Program shall vest in the agency that purchased the property, if it certifies to the ODCP that it will use the property for the purposes outlined. in the grant application. If such certification is not made, title to the property shall vest in the State of Iowa, which shall seek to have the property used for program related purposes elsewhere in the state prior to using it or disposing of it in any other manner. f. Use of Property: The Grantee may use property acquired in whole or in part with Federal funds for the authorized purpose of the original grant as long as needed whether or not the program or project continues to be supported by Federal funds. 12.Computer Systems. No federal funding may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. Nothing in this subsection limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 13.Travel. Travel specifically identified in the grant application and budget is approved for reimbursement by the ODCP. Out of state training and travel not identified and approved in the application and grant budget requires approval by the ODCP prior to reimbursement. Requests for out-of-state training and travel must be submitted to the ODCP in writing. The Grantee shall follow its own written policies, or conditions set forth in the grant. Meal and lodging rates cannot exceed state rates. In-State meal rates o Breakfast $8.00 o Lunch $10.00 o Dinner $19.00 7 Page 112 of 394 Out of State: Meal rates are determined by City Level. The following link shows the level for the location you are traveling to - https://das.iowa.aov/state-accou_nting/travel- relocation/out-state-travel/out-state-cit -levels Level Level Level Level Breakfast $ 8.00 $ 8.00 $10.00 $12.00 Lunch $10.00 $11.00 $12.00 $15.00 Dinner $19.00 $25.00 $29.00 $38.00 In-state lodging is limited to $72.80 including taxes. Out-of state lodging limits are defined by the federal travel regulations (FTR) httt)s://www.gsa.gov/travel/Dlan-book/-per-diem-rate,s There may be exceptions to the lodging rates when staying at the facility hosting the event. If the event location rate exceeds the rate listed above, contact our office to receive prior approval. In the event a reasonable and prudent policy does not exist, State of Iowa approval rates will apply to subrecipient travel costs. Subrecipients are encouraged to contact ODCP with questions regarding travel reimbursement rates and processes. 14.Payments. Expenditure reimbursement shall be made on program cash expenditures included in the grant budget and upon the receipt and acceptance by the ODCP of a properly completed and authorized expenditure report and supporting documentation. Final reimbursement must be requested within 23 days after the end of the grant performance period Payments may be adjusted by ODCP to correct disallowances resulting from audit or contract review. Reimbursement may be withheld if a grantee is delinquent in program reporting or if the grantee fails to meet any contract condition. 15.Reporting. Form to be Used: Due Date: a. Claim for Reimbursement - Completed Due by the 23rd day of each month, online at www.iowagrants.Lrov following expenditures. Projects in good standing may elect to submit on a quarterly basis. Final Payment shall be requested within 23 days of the end of the grant performance period. b. Quarterly Progress Reports - Completed Due Date: online at www.iowagrants.gov October 23rd s Page 113 of 394 January 23rd April 23rd July 23rd c. Inventory Report Form Due Date Equipment purchased all, or in part 30 Days from the end of the with grant funds must be listed grant performance period. on the inventory report form. (See property.) Due to the ODCP 30 days after the grant period. d. Annual Audit Report Due Date If agencies are exempt from audit For July 1st through June 30th requirements, the Grantee must keep audit is due by March 3181 records that are available for review or audit by appropriate officials including the Federal agency, the State agency, and the US Government Accountability Office (GAO). 16.Awards to private agencies - accounting system audit requirement. These organizations must have financial and compliance audits conducted by qualified individuals who are organizationally, personally, and externally independent from those who authorize the expenditure of Federal funds. This audit must be conducted in accordance with the Government Auditing Standards (July 2018 Revision), as found on the GAO website. The purpose of this audit is to ascertain the effectiveness of the financial management systems and internal procedures that have been established to meet the terms and conditions of the award. Audits must be conducted no less frequently than every 2 years. The dollar threshold applies as established for audit reports in OMB Circular A-133, as amended. 17.Audits: Subrecipients of Federal funds are required to permit access to their records and financial statements as necessary to comply with Title 2 CFR Part 200, Subpart F Audit Requirements and Code of Iowa, Chapter 11, Audit of Counties, Cities and School Districts. Non-Federal entities that expend $750,000 or more in Federal funds (from all sources including pass-through subawards) in the State fiscal year (July 1 - June 30) shall have a single organization-wide audit conducted in accordance with the provisions of Title 2 CFR Part 200, Subpart F. Non-Federal entities that expend less than $750,000 in Federal awards in a fiscal year are exempt from audit requirements for that year. Records must be available for review or audit by appropriate officials including the Federal agency, pass-through entity, and General Accounting Office (GAO). 9 Page 114 of 394 A management letter must be submitted with the audit report. Grantee audit reports must be submitted no later than nine (9) months after the close of each fiscal year during the term of the award. Grantees shall comply with any audit resolution activities as directed by the ODCP. Audit costs for audits not required or performed in accordance with Title 2 CFR Part 200, Subpart F are not allowable. If the grantee did not expend $750,000 or more in Federal funds in its fiscal year, but contracted with a certified public accountant to perform an audit; these costs may not be charged to the grant. 1.8.Monitoring/Evaluation. The ODCP reserves the right to monitor the Grantee's performance through site visits, reports, or other means deemed necessary by the ODCP. The Grantee agrees that the ODCP may conduct site visits to review grant compliance, assess management controls, assess the applicable activities or strategies, and provide technical assistance. In addition, the Grantee shall provide any data or information required for the purposes of monitoring and program evaluation. Such evaluation may be conducted by the ODCP or other appropriate agencies. The Grantee shall ensure the cooperation of the Grantee's employees, agents, and board members in, such efforts. Following each site visit or review the ODCP may submit a written report to the Grantee, which will identify the findings. A corrective action plan with a timetable to address any deficiencies or problems noted in the report may be requested by the ODCP. The corrective action plan shall be submitted to the ODCP for the approval within the timeline outlined in the written report. The Grantee shall carry out the plan after it is approved by the ODCP. Failure to do so may result in suspension or termination of funding. 19.Changes in the Programs.. a. Changes in Service,: Changes in types of services provided by the Grantee as agreed to in the application and award require prior approval by the ODCP. Discontinuation or modification of a service without prior approval may result in a decrease in the grant amount or termination of the grant. b. Changes in Location: The Grantee shall notify the ODCP of any change in office or service location (relocation, addition, or deletion) from that shown in the application within 72 hours of such change. C. Changes in Program Director or Other Personnel: When there is a change in the program director or any other personnel supported by the grant from that shown on the application, the ODCP must be notified. The Grantee is responsible for replacement, and written notification to the ODCP of each action within 72 hours. d. Chane in Lg al Applicant/Grantee: This grant shall not be assigned, transferred, or conveyed in whole or in part by the Grantee to any third party or parties without prior written approval from the ODCP. A change in legal applicant is the process whereby the legal and administrative responsibility for administering the grant is transferred from one legal entity to another. A change of Grantee must be approved in advance by the ODCP. The ODCP reserves the right to not contract with a new Grantee. A written agreement of the original Grantee to relinquish all rights to the project; and, a written agreement of the new Grantee to accept all the terms and 10 Page 115 of 394 conditions of the contract must be submitted to and approved by the ODCP prior to the date of transfer. e. Change in Budget: Due to the fact that budget line item amounts are only estimates of budget expenditure, funds may be reallocated among budget line items. Budget revision requests must be submitted, and approved by, the ODCP prior to the revised expenditure of funds. The ODCP will not reimburse funds for unapproved expenditures. Budget revisions may be requested, via Iowa rants, ov by the legal applicant and/or the legal applicant's authorized designee (e.g. the Program/Project Director), who must certify that the change in budget does not constitute a change in the goals and objectives of the program. 20.Copyrights. The U.S. Department of Justice and the State of Iowa, ODCP reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: a) the copyright in any work developed under a grant, or contract under a grant or subgrant; and b) any rights of copyright to which Grantee or contractor purchases ownership with grant support. 21.Federal Funds Acknowledgment. Program directors are encouraged to make the results and accomplishments of their activities available to the public. Prior ODCP approval is not needed for publishing the results of an activity under a grant project; however, an acknowledgment of State/Federal support must be made. The Grantee shall when issuing statementspress releases and other documents describing the grant project, clearly.state• a) the percentage of the total cost of the project which was, or will be financed, with Federal and State funds; and b) the dollar amount of Federal and State funds for the ro'ect. Any publication (written, visual, or sound), whether published at the Grantee's or government's expense, shall contain the following statements: (NOTE: This excludes press releases, newsletters, and issue analyses.) "This project was supported by Grant No. , awarded by the U. S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice or the Governor's Office of Drug Control Policy." 22.Release of Information and Confidentiality of Records. a. Release of Public Grant Information: The Grantee is required to make available all records, papers and other documents kept by the Grantee relating to the receipt and disposition of any funds, if requested by any member of the public. All such records shall be available except when access to the records is limited by Federal or State confidentiality regulations. The intended use of such information will not be a criterion for release. b. Confidentiality of Records: The Grantee shall maintain the confidentiality of all confidential records related to this grant in accordance with Federal and State laws. Privacy rights of parents and students apply to this program. Grantee policies and procedures shall provide that records of the identity, diagnosis, prognosis, or treatment of any client which are maintained in connection with the performance of 11 Page 116 of 394 the grant be kept confidential and be used only for the purposes and under the circumstances expressly authorized under the Federal confidentiality regulations 42 CFR part 2 "Confidentiality of Alcohol and Drug Abuse Patient Records" and the Code of Iowa, Chapter 22.7.The Grantee shall comply with all confidentiality requirements of 42 U.S.C. 3789g and 28 CFR part 22 that are applicable to the collection, use, and revelation of data or information. 23.Protection of human research subjects The grantee (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 24.Conflict of Interest. The Grantee shall establish safeguards to prevent employees, consultants, or members of governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by the desire for private gain for themselves or others with whom they have family, business, or other ties. 25.Report Misuses of Funds. The Grantee must promptly refer to the ODCP any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subcontract for services. 26.Restrictions and certifications regarding non-disclosure agreements and related matters. No Grantee or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a Federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form, issued by a Federal department or agency governing the nondisclosure of classified information. 1) In accepting this award, the Grantee— a) represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and 12 Page 117 of 394 b) certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict) reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 27.Drug Free Workplace. Each Grantee receiving an award from the Governor's Office of Drug Control Policy shall certify that it will maintain a drug-free workplace, or in the case of a Grantee, who is an individual, certify to the agency that his or her conduct of award activity will be drug-free. If a Grantee makes a false certification, the Grantee is subject to suspension, termination, and debarment. In order to comply with the Drug Free Workplace Act of 1988, Grantees are required to report any conviction of their employees under a criminal drug statute for violations occurring on the Grantee's premises or off the Grantee's premises while conducting official business. A report of a conviction must be made to the ODCP within ten (10) days of receiving notices of such conviction. 28.Americans With Disabilities Act. The Grantee shall comply with Subtitle A, title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12131-12134, and Department of Justice implementing regulation, 28 CFR Part 35. 29.Immigration and Naturalization Service. The Grantee shall complete and keep on file, as appropriate, Immigration and Naturalization Service Employment Eligibility Verification Form (I-9). This form is to be used by recipients of Federal funds to verify that persons are eligible to work in the United States. 30.Limited English Proficiency. "Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency(LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov." Local interpreters and translators may be available through the Iowa Interpreters and Translators Association at haps://www.iitanet.org . 13 Page 118 of 394 31.Nondiscrimination/Equal Employment Opportunity Program. a. All grant recipients, including contractors, will comply with any applicable Federal nondiscrimination requirements, which may include the following: Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); Juvenile Justice Prevention Act of 1974 (34 U.S.C. § 11182(b)); Civil Rights Act of 1964 (42 U.S.C. 2000d); Rehabilitation Act of 1973 (29 U.S.C. 794); Americans with Disabilities Act of 1990 (42 U.S.C. 12131-34); Education Amendments of 1972 (20 U.S.C. 1681, 1683, 1685-86);Age Discrimination Act of 1975 (42 U.S.C. 6101-07); 28 C.F.R. pt. 42 (U.S. Department of Justice Regulations — Nondiscrimination; Equal Employment Opportunity; Policies and Procedures); and U.S. Department of Justice Regulation — Partnerships with Faith-Based and Other Neighborhood Organizations (28 C.F.R. pt. 38). b. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, or sex against a recipient of funds, the Grantee will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs and the Iowa Governor's Office of Drug Control Policy (ODCP). C. The Grantee will provide an Equal Employment Opportunity Plan(EEOP)to the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights (OCR), if required to submit one. Grantee agencies receiving less than $25,000; grantee agencies with less than 50 employees; and non-profit organizations, Indian Tribes, and medical and education institutions, are exempt from the EEOP requirement, but the grantee is required to claim the exemption through OCR's EEO Reporting Tool at https:lloip.vov/about/ocr/eeop.htm. Grantees required to submit an EEOP shall submit it directly to the OCR through the online EEO Reporting tool. A copy of the certification form shall also be submitted to the ODCP. Information about civil rights obligations of grantees can be found at www.oit).usdQi.gov/ocr . d. In accordance with Federal civil rights laws, the Grantee shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. All grant recipients, including contractors, will also comply with the Iowa Civil Rights Act. The Iowa Civil Rights Act, (IAC Ch 216), prohibits discrimination in employment because of a person's: Race, Creed, Color, Sex,Age, National Origin, Gender Identity, Sexual Orientation, Disability, or Religion. e. Grant recipients, if required, must make available, upon request, its Affirmative Action Program containing goals and time specifications. f. This contract may be suspended or terminated, in whole or in part, in the event of the Grant recipient's noncompliance with this section and the recipient may be declared ineligible for further contracts with the ODCP. Additionally, the ODCP may take further action by imposing other sanctions or invoking other remedies as provided by the Iowa Civil Rights Act of 1965 or as otherwise provided by law. g. The U.S. Department of Justice, Office for Civil Rights issued an advisory document for grant recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), 14 Page 119 of 394 available at https:llojp.gov/about/ocr/pd£s/UseofConviction Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, the Grantee should consult local counsel in reviewing their employment practices. If warranted, the Grantee should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans. 32.Findings of Discrimination. The Grantee assures that in the event a Federal or State court or administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, disability, age, sexual orientation, gender identity, or sex against a recipient of funds, the Grantee will promptly forward a copy of the finding to the Governor's Office of Drug Control Policy. 33.Determination of suitability required, in advance, for certain individuals who may interact with participating minors 1. Advance determination regarding suitability. The Grantee (and any subrecipient at any tier) may not permit any covered individual to interact with any participating minor in the course of activities under the award, unless the Grantee or subrecipient first has made a written determination of the suitability of that individual to interact with participating minors, based on current and appropriate information as described in paragraph 3.e., and taking into account the factors and considerations described in paragraph 4. 2. Updates and reexaminations a. The Grantee (or subrecipient) must, at least every five years, update the searches described in paragraph 3.e, reexamine the covered individual's suitability determination in light of those search results, and, if appropriate, modify or withdraw that determination. b. The Grantee also must reexamine a covered individual's suitability determination upon learning of information that reasonably may suggest unsuitability and, if appropriate, modify or withdraw that determination. 3. Definitions a. "Covered individual" means any individual (other than a participating minor, as defined in this condition, or a client of the Grantee (or subrecipient)) who is expected, or reasonably likely, to interact with any participating minor (other than the individual's own minor children). A covered individual need not have any particular employment status or legal relationship with the Grantee (or subrecipient). Such an individual might be an employee of a Grantee (or subrecipient), but also might be (for example) a consultant, contractor, employee of a contractor, trainee, volunteer, or teacher. b. "Participating minor." All individuals under 18 years of age participating in grant funded activities are participating minors. c. "Interaction" includes physical contact, oral and written communication, and the transmission of images and sound, and may be in person or by electronic (or similar) means. But "interaction." does not include-- 15 Page 120 of 394 i. brief contact that is both unexpected by the Grantee (or subrecipient) and unintentional on the part of the covered individual -- such as might occur when a postal carrier delivers mail to an administrative office. ii. personally-accompanied contact -- that is, infrequent or occasional contact (for example, by someone who comes to make a presentation) in the presence of an accompanying adult, pursuant to written policies and procedures of the Grantee (or subrecipient) that are designed to ensure that -- throughout the contact -- an appropriate adult who has been determined to be suitable pursuant to this condition will closely and personally accompany, and remain continuously within view and earshot of, the covered individual. d. "Activities under the award." Whether paid for with federal funds from the award, "matching" funds, or "program income" for the award include both-- i. activities carried out under the award by the Grantee (or subrecipient); and ii. actions taken by an entity or individual pursuant to a procurement contract under the award or to a procurement contract under a subaward at any tier. e. "Current and appropriate information" In addition to information resulting from'checks or screening required by applicable federal, state, tribal, or local law, and/or by the Grantee's (or subrecipient's) written policies and procedures, current and appropriate information includes the results of all required searches listed below, each of which must be completed no earlier than six months before the determination regarding suitability. i. Public sex offender and child abuse websites/registries A search (by current name, and, if applicable, by previous name(s) or aliases), of the pertinent and reasonably- accessible federal, state, and (if applicable) local and tribal sex offender and child abuse websites/public registries, including— a. the Dru Sjodin National Sex Offender Public Website (www.nsopw.gov); b. the website/public registry for each state (and/or tribe, if applicable) in which the individual lives, works, or goes to school, or has lived, worked, or gone to school at any time during the past five years; and c. the website/public registry for each state (and/or tribe, if applicable) in which the individual is expected to, or reasonably likely to, interact with a participating minor in the course of activities under the award. ii. Criminal history registries and similar repositories of criminal history records For each individual at least 18 years of age who is a covered individual under this award, a fingerprint search (or, if the Grantee or subrecipient documents that a fingerprint search is not legally available, a name-based search, using current and, if applicable, previous names and aliases) -- encompassing at least the time period beginning five calendar years 16 Page 121 of 394 preceding the date of the search request -- of pertinent state (and, if applicable, local and tribal) criminal history registries or similar repositories, including-- a. the criminal history registry for each state in which the individual lives, works, or goes to school, or has lived, worked, or gone to school at any time during the past five years; and b. the criminal history registry for each state in which he or she is expected to, or reasonably likely to, interact with a participating minor in the course of activities under the award. 4. Factors and considerations in determinations regarding suitability In addition to the factors and considerations that must or may be considered under applicable federal, state, tribal, or local law, and under the Grantee's (or subrecipient's) written policies and procedures, in making a determination regarding suitability, the Grantee (or subrecipient) must consider the current and appropriate information described in paragraph 3.e. In particular (unless applicable law precludes it), with respect to either an initial determination of suitability or a subsequent reexamination, the Grantee (or subrecipient) may not determine that a covered individual is suitable to interact with participating minors in the course of activities under the award if the covered individual-- a. Withholds consent to a criminal history search required by this condition; b. Knowingly makes (or made) a false statement that affects, or is intended to affect, any search required by this condition; c. Is listed as a registered sex offender on the Dru Sjodin National Sex Offender Public Website; d. To the knowledge of the Grantee (or subrecipient), has been convicted -- whether as a felony or misdemeanor -- under federal, state, tribal, or local law of any of the following crimes (or any substantially equivalent criminal offense, regardless of the specific words by which it may be identified in law): i. sexual or physical abuse, neglect, or endangerment of an individual under the age of 18 at the time of the offense; ii. rape/sexual assault, including conspiracy to commit rape/sexual assault; iii, sexual exploitation, such as through child pornography or sex trafficking; iv. kidnapping; v. voyeurism; or e. Is determined by a federal, state, tribal, or local government agency not to be suitable. 5. Administration; rule of construction a. The requirements of this condition are among those that must be included in any subaward (at any tier), and must be monitored. They apply as of the date of acceptance of the grant, and throughout the remainder of the period of performance. b. The Grantee is to contact the ODCP with any questions regarding the requirements of this condition and must not allow a covered individual to interact with a participating minor until such questions are answered. c. Nothing in this condition shall be understood to authorize or require the Grantee, any subrecipient at any tier, or any person or other entity, to violate 17 Page 122 of 394 any federal, state, tribal, or local law, including any applicable civil rights or nondiscrimination law. 34.Equal Treatment for Faith Based Organizations. The Grantee shall comply with the applicable requirements of 28 C.F.R. Part 38, governing "Equal Treatment for Faith Based Organizations". The Equal Treatment Regulation provides in part that grant awards may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Grant recipients may still engage in inherently religious activities, but such activities must be separate in time or place from the grant funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs funded through grant funding are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.pj]2.gov/about/ocr/equal fbo.htm. 35.Lobbying Restrictions. The Grantee agrees that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract or grant, and the Grantee receives Federal funds exceeding $100,000, the Grantee shall complete and submit standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions https://www.gsa.gov/forms-library/disclosure-lobbying-activities C. The Grantee shall require that the language of this certification be included in any subcontracts and that all contractors shall certify and disclose accordingly. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 36.Sanctuary Jurisdiction (Iowa Code). The Grantee shall comply with the provisions of Iowa Code chapter 27A, which applies to the enforcement of immigration laws. Grantees who are found to be in non-compliance with Iowa Code 27A are ineligible to receive funds through the ODCP. Rules governing the determination of non-compliance and the reinstatement of eligibility are provided in Iowa Administrative code 541 chapter 13. 18 Page 123 of 394 37.Liability. a. If any provision contained herein is in conflict with any State or Federal law or shall be declared to be invalid by any court of record of this State, such invalidity shall affect only such portions as are declared invalid or in conflict with the law. Any remaining portion ruled valid by the court shall continue to be in effect. b. The ODCP reserves all administrative, contractual and legal remedies, which are available in the event that the Grantee violates or breaches the terms of this contract. 38.Drug Task Force. Officers funded by the Office of Drug Control Policy who encounter minors who as a direct or indirect result of the presence and or the use of any illegal drug are at risk of exposure, abuse, or neglect shall at a minimum report the encounter to the Department of Human Services. Task forces are strongly encouraged to participate in a Drug Endangered Children program designed to identify and protect the wellbeing of these youth. 39.Drug Task Force Training. Each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete Department of Justice required online (internet-based) task force training. All task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.etfli.org). This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. When registering for the training, participants should use the preauthorization code QX6S4 40.Use of Force Training Metrics. (Byrne JAG Grantees Only) Law enforcement agencies receiving direct or sub-awarded JAG funding must submit accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public. 41.NEPA Clandestine Methamphetamine Laboratories. This condition facilitates compliance with the provision of the National Environmental Policy Act NEPA relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories [hereinafter, "meth lab operations"]. No Federal monies from this award may be obligated to support meth lab operations unless the grant recipient implements this condition. The Office of Justice Programs (OJP), in consultation with the Bureau of Justice Assistance, the Drug Enforcement Administration., and the Office for Community Oriented Policing Services, prepared a Program-level Environmental, health and safety impacts likely to be encountered by law enforcement agencies as they implement specific actions under their methamphetamine laboratory operations. Consistent with the Assessment, 19 Page 124 of 394 the following terms and conditions shall apply to the grant recipient for any OLTP funded meth lab operations: a. The grant recipient shall comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to meth lab operations, to include the disposal of the chemicals, equipment, and wastes resulting from those operations. b. Grant recipients shall have a Mitigation Plan in place that identifies and documents the processes and points of accountability within its state. This plan will be used to ensure the adverse environmental, health, and safety impacts in the Assessment are mitigated in, a manner consistent with the requirements of this condition. C. Grant recipients shall monitor grant funded meth lab operations to ensure that they comply with the following nine mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's Mitigation Plan. MethaMphetarnine Mitigation. Conditions Where applicable, grant recipients shall: a. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories; b. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetamine laboratories; c. As determined by their specified duties, equip the personnel with OSHA required protective wear and other required safety equipment; d. Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closed laboratory; e. Utilize qualified disposal personnel to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized laboratory; f. Dispose of the chemicals, equipment, and contaminated materials and wastes at properly licensed disposal facilities or, when allowable, at properly licensed recycling facilities; g. Monitor the transport, disposal and recycling components of subparagraphs number "e" and 'fi' immediately above in order to ensure proper compliance; h. Have in place and implement a written agreement with the responsible State environmental agency. This agreement must provide that the responsible State environmental agency agrees to: (i) timely evaluate the environmental condition at and around the site of a closed clandestine laboratory; and (ii) coordinate with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if determined necessary by the State environmental agency and in accordance with existing State and Federal requirements; i. Have in place and implement a written agreement with the responsible State or local service agencies to properly respond to any minor, as defined by State law, at the site. This agreement must ensure immediate response by qualified persons who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure ao Page 125 of 394 immediate medical testing for methamphetamine toxicity; and(iv) arrange for any follow-up tests, examinations, or health care made necessary as a result of methamphetamine toxicity; and j. Report all clandestine lab responses to the Iowa Division of Narcotics Enforcement using EPIC report form #143. Assistance in completing this form is available by calling 5151281-9054. 42.DUNSISAM Registration. Grant recipient shall register and provide the Governor's Office of Drug Control Policy a Data Universal Number System (DUNS) number. The Grantee shall maintain a current registration with the System for Award Management (SAM) for the duration of the grant project period. 43.Recipient Integrity and Performance. The Grantee must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) this award. Under certain circumstances, recipients of federal grant funds are required to report information about such proceedings, through the Federal System for Award Management (known as "SAM"), to the designated federal 'integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the Federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at http:Ilojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. 44.Disclosure of"Nigh Risk" Designation by Federal Agency. The Grantee shall disclose to the Office of Drug Control Policy any designation of"high risk" by any Federal grant-making agency currently or at any time during the course of the period of performance under the award. For purposes of this disclosure, high risk includes any status under which a Federal awarding agency provides additional oversight due to the Grantee's past performance, or other programmatic or financial concerns with the Grantee. 45.13reach of Personally Identifiable Information. The Grantee (including other participating agency supported by the award) must have written procedures in place to respond in the event of an actual or imminent "breach" if it (or participating agency)-- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of a grant-funded program or activity, or 2) uses or operates a "Federal information system" (OMB Circular A-130). The Grantee's breach procedures must include a requirement to report actual or imminent breach of PII to the Office of Drug Control Policy no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. The ODCP will in turn report the breach to the appropriate Federal agency. 21 Page 126 of 394 46.Withholding of Support, Suspension, and Termination. a. Withholding of Support: With ten (10) days written notice, the ODCP may temporarily withhold payment of funds until a corrective action plan has been submitted by Grantee and approved by the ODCP. Reasons may include, but are not limited to the following: 1.) Delinquency in submitting required reports; 2.) Failure to provide adequate management of the funds; 3.) Failure to show satisfactory progress in achieving the objectives of the program or failure to meet the terms and conditions of the contract; and 4.) Failure to regularly coordinate the activities and services with other local providers funded by the ODCP. Temporary withholding of funds does not constitute just cause for the Grantee to interrupt services to clients. b. Suspension: When, as determined by the ODCP, a Grantee has materially failed to comply with the terms and conditions of the grant, the ODCP may, with ten (10) days written notice to Grantee, suspend the grant. Only necessary and proper costs that the ODCP agrees could not have reasonably been avoided during the period of suspension will be paid by the ODCP. Suspension shall remain in effect until the Grantee has shown to the satisfaction of the ODCP that corrective action has been or will be taken, or until the ODCP terminates the grant. c. Termination: 1. Termination for Cause: The ODCP may terminate a grant in whole or in part any time before the date of completion if the ODCP determines that the Grantee has failed in a material way to comply with the terms and conditions of the grant. To terminate a grant, the ODCP must send written notice to the Grantee stating the date and reasons for the termination. Payments to the Grantee will be only for services provided or purchases authorized up to the date of termination. Recovery of funds by the ODCP shall be made in accordance with the terms and conditions of this grant. 2. Termination on Other Grounds: In addition to termination for cause, the ODCP grants may be terminated in whole or in part as follows: a By the ODCP with the consent of the Grantee. Both parties agree on the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. b By the Grantee. Sixty (60) days written notice to the ODCP is required. Such notice shall set forth the reason for such termination. Termination of part of the grant is subject to Section 17 entitled "Changes in the Program." C By the ODCP due to the lack of adequate funds to support the grant. Should this contract terminate prior to the expiration date as set forth in the grant cover page, the Grantee agrees to deliver such information and items which are due as of the date of termination. d By the ODCP in whole or in part without the payment of any penalty or incurring any further obligation to the Grantee whenever the ODCP determines that such termination is in the best interests of the State. In this event, the ODCP shall issue a termination notice to the Grantee at least ten (10) days prior to the effective termination date. Following 22 Page 127 of 394 termination upon notice, the Grantee shall be entitled to compensation, upon submission of invoices and proper proof of claim, for services provided under this contract up to and including the date of termination. e In addition, the ODCP may terminate this contract effective immediately without penalty and without advance notice for any of the following reasons: i. The Grantee furnished any statement, representation, warranty or certification in connection with this Contract, the RFP or other solicitation document that is false, deceptive, or materially incorrect or incomplete; ii. The Grantee or any of its officers, directors, employees, agents, contractors or subcontractors has committed or engaged in fraud, misappropriation, embezzlement, malfeasance, misfeasance, or bad faith; iii. The Grantee terminates or suspends its business; iv. The Grantee has failed to comply with any applicable international, Federal, State (including, but not limited to Iowa Code chapter 8F), or local laws, rules, ordinances, regulations or orders when performing within the scope of this Contract; V. The ODCP determines or believes the Grantee has engaged in conduct that: (a) has or may expose the ODCP or the State to material liability, or (b) has caused or may cause a person's life, health or safety to be jeopardized; vi. The Grantee infringes or allegedly infringes or violates any patent, trademark, copyright, trade dress or any other intellectual property right or proprietary right, or the Grantee misappropriates or allegedly misappropriates a trade secret or ; vii. The Grantee fails to comply with any applicable confidentiality laws, privacy laws, or any provisions of this Contract pertaining to confidentiality or privacy. d In the event of termination, the Grantee shall be reimbursed by the ODCP only for those allowable costs incurred or encumbered up to and including the termination date, subject to the continued availability of funds to the ODCP. Upon receipt of notice of termination the Grantee shall cease work under this contract and take all necessary or appropriate steps to limit disbursements and minimize costs, and shall furnish a report within thirty (30) days of the date of notice of termination describing the status of all work under the contract. The Grantee shall also immediately cease using and return to the ODCP any personal property, equipment, or materials provided by the ODCP to the Grantee and shall immediately return to the ODCP any payments made by the ODCP for.services that were not rendered by the Grantee. e In the event of termination, the Grantee agrees to deliver such information and items which are due as of the date of termination, including but not limited to partially completed plans, drawings, data, documents, surveys, maps, and reports. The Grantee shall ensure a smooth transition of services to clients, regardless of whether this contract terminates prior to or upon the expiration date of the contract. If the 23 Page 128 of 394 Grantee fails to ensure a smooth transition of services to clients, the ODCP may, at its sole discretion., place the Grantee on its list of contractors barred from entering into any contract with the ODCP and immediately terminate all other existing contracts between the ODCP and the Grantee. The Grantee shall cooperate in good faith with the ODCP and its employees, agents and independent contractors during the transition period between the notification of termination and the substitution of any replacement provider. f. The ODCP shall not be liable for the following costs or expenses: unemployment compensation; the payment of workers' compensation claims, which occur during the Contract or extend beyond the date on which the Contract terminates; any costs incurred by Grantee in its performance of the Contract, including, but not limited to, startup costs, overhead or other costs associated with the performance of the Contract; any damages or other amounts associated with the loss of prospective profits, anticipated sales, goodwill, or for expenditures, investments or commitments made in connection with this Contract; any taxes Grantee may owe in connection with the performance of this Contract, including, but not limited to, sales taxes, excise taxes, use taxes, income taxes or property taxes. g The ODCP reserves all administrative, contractual and legal remedies which are available in the event that the Grantee violates or breaches the terms of this contract. 47.Indemnification. The Grantee and its successors and assignees agree to indemnify and hold harmless the State of Iowa and the ODCP and its officers, employees, agents, and volunteers from any and all liabilities, damages, settlements, judgments, costs and expenses, including the reasonable value of time spent by the Attorney General's Office and the costs and expenses and reasonable attorney fees of other counsel required to defend the ODCP or the State of Iowa, related to or arising from any of the following: a. Any violation of this contract. b. Any negligent, intentional, or wrongful act or omission of the Grantee, its officers, employees, agents, board members, contractors or subcontractors, or any other person in connection with this project. C. Any infringement of any patent, trademark, trade dress, trade secret, copyright, or other intellectual property right. d. The Grantee's performance or attempted performance of this contract. e. Any failure by the Grantee to comply with all Federal, State, and local laws and regulations. f. Any failure by the Grantee to make all reports, payments, and withholdings required by Federal and State law with respect to social security, employee income, and other taxes, fees, or costs required by the Grantee to conduct business in the State of Iowa. g. The death, bodily injury or damage to property of any enrollee, agent, employee, business invitee or business visitor of the Grantee or any of its subcontractors. h. Any failure by the Grantee to adhere to the confidentiality provisions of this contract. 48.Warranties. a. The Grantee represents and warrants that: (i) all Deliverables shall be wholly original with and prepared solely by Grantee; or it owns, possesses, holds, and has received or secured all rights, permits, permissions, licenses and authority necessary 24 Page 129 of 394 to provide the Deliverables to the ODCP hereunder and to assign., grant and convey the rights, benefits, licenses and other rights assigned, granted or conveyed to the ODCP hereunder or under any license agreement related hereto without violating any rights of any third party; (ii) Grantee has not previously and will not grant any rights in any Deliverables to any third party that are inconsistent with the rights granted to the ODCP herein; and (iii) the ODCP shall peacefully and quietly have, hold, possess, use and enjoy the Deliverables without suit, disruption or interruption. b. The Grantee represents and warrants that: (i) the Deliverables (and all intellectual property rights and proprietary rights arising out of, embodied in, or related to such Deliverables); and (ii) the ODCP's use of, and exercise of any rights with respect to, the Deliverables (and all intellectual property rights and proprietary rights arising out of, embodied in, or related to such Deliverables), do not and will not, under any circumstances, misappropriate a trade secret or infringe upon or violate any copyright, patent, trademark, trade dress or other intellectual property right, proprietary right or personal right of any third party. Grantee further represents and warrants there is no pending or threatened claim, litigation or action that is based on a claim of infringement or violation of an intellectual property right, proprietary right or personal right or misappropriation of a trade secret related to the Deliverables. Grantee shall inform the ODCP in writing immediately upon becoming aware of any actual, potential or threatened claim of or cause of action for infringement or violation or an intellectual property right, proprietary right, or personal right or misappropriation of a trade secret. If such a claim or cause of action arises or is likely to arise, then Grantee shall, at the ODCP's request and at the Grantee's sole expense: (i) procure for the ODCP the right or license to continue to use the Deliverable at issue; (ii) replace such Deliverable with a functionally equivalent or superior Deliverable free of any such infringement, violation or misappropriation; (iii) modify or replace the affected portion of the Deliverable with a functionally equivalent or superior Deliverable free of any such infringement, violation or misappropriation; or (iv) accept the return of the Deliverable at issue and refund to the ODCP all fees, charges and any other amounts paid by the ODCP with respect to such Deliverable. In addition, Grantee agrees to indemnify, defend, protect and hold harmless the State and its officers, directors, employees, officials and agents as provided in the Indemnification section of this Contract, including for any breach of the representations and warranties made by Grantee in this section. The foregoing remedies shall be in addition to and not exclusive of other remedies available to the ODCP and shall survive termination of this Contract. C. The Grantee represents and warrants that the Deliverables (in whole and in part) shall: (i) be free from material Deficiencies; and (ii) meet, conform to and operate in accordance with all Specifications. d. The Grantee represents, warrants and covenants that all services to be performed under this Contract shall be performed in a professional, competent, diligent and workmanlike manner by knowledgeable, trained and qualified personnel, all in accordance with the terms and Specifications of this Contract and the standards of performance considered generally acceptable in the industry for similar tasks and projects. In the absence of a Specification for the performance of any portion of this Contract, the parties agree that the applicable specification shall be the generally accepted industry standard. So long as the ODCP notifies Grantee of any services 25 Page 130 of 394 performed in violation of this standard, Grantee shall re-perform the services at no cost to the ODCP, such that the services are rendered in the above-specified manner, or if the Grantee is unable to perform the services as warranted, Grantee shall reimburse the ODCP any fees or compensation paid to Grantee for the unsatisfactory services. e. The Grantee represents and warrants that the Deliverables will comply with any applicable Federal, State, foreign and local laws, rules, regulations, codes, and ordinances in effect during the term of this Contract, including applicable provisions of Section 508 of the Rehabilitation Act of 1973, as amended, and all standards and requirements established by the Architectural and Transportation Barriers Access Board and the Iowa Department of Administrative Services, Information Technology Enterprise. 49. Status of Grantee. The Grantee shall at all times be deemed an independent contractor. The Grantee, its employees, agents, and any subcontractors performing under this contract are not employees or agents of the State of Iowa or any agency or department of the State. The Grantee shall be responsible for withholding all taxes and shall hold the ODCP harmless for any claims for the same. 54.Choice of Law and Forum. The terms and provisions of this contract shall be construed in accordance with the laws of the State of Iowa. Any and all litigation or actions commenced in connection with this contract shall be brought in Des Moines, Iowa, in the Iowa District Court in and for Polk County, Iowa. If, however, jurisdiction is not proper in the Polk County District Court, the action shall only be brought in the United States District Court for the Southern District of Iowa, Central Division, provided that jurisdiction is proper in that forum. This provision shall not be construed as waiving any immunity to suit or liability that may be available to the ODCP or the State of Iowa. 51.Immunity from Liability. Every person who is a party to the Contract is hereby notified and agrees that the State, the ODCP, and all of their employees, agents, successors, and assigns are immune from liability and suit for or from Grantee's and/or subcontractors' activities involving third parties and arising from the Contract. 52.Compliance with Iowa Code chapter 8F. If the Contract is subject to the provisions of Iowa Code chapter 8F, the Grantee certifies it will comply with the requirements of the Iowa Code chapter 8F. The Grantee shall forward any compliance documentation, including but not limited to certifications, and any compliance documentation received from subcontractors by the Grantee to the ODCP. 53.Enhancement of Contractor Employee Whistleblower Protections. 41 U.S.C. 4712 states, "employees of a contractor, subcontractor, grantee [or subgrantee] may not be discharged, demoted, or otherwise discriminated against as a reprisal for "whistleblowing." In addition, whistleblowing protections cannot be waived by any agreement, policy, form or condition of employment. 26 Page 131 of 394 Whistleblowing is defined as making a disclosure "that the employee reasonably believes is evidence of any of the following: • Gross mismanagement of a Federal contract or grant; • A gross waste of Federal funds; • An abuse of authority relating to a Federal contract or grant; • A substantial and specific danger to public health or safety; or, • A violation of a law, rule, or regulation related to a federal contract or grant (including the competition for, or negotiation of, a contract or grant). To qualify under the statute, the employee's disclosure must be made to: • A member of Congress, or a representative of a Congressional committee; • An Inspector General; • The Government Accountability Office; • A federal employee responsible for contract or grant oversight or management at the relevant agency; • An official from the Department of Justice, or other law enforcement agency; • A court or grand jury; or, • A management official or other employee of the contractor, subcontractor, grantee, or subgrantee who has the responsibility to investigate, discover, or address misconduct. The requirement to comply with, and inform all employees of the "Pilot Program for Enhancement of Contractor Employee Whistleblower Protections" is in effect for all grants, contracts, subgrants, and subcontracts. 54.Ownership of Deliverables. Ownership and Assignment of Other Deliverables. The Grantee agrees that the State and the ODCP shall become the sole and exclusive owners of all Deliverables. Grantee hereby irrevocably assigns, transfers and conveys to the State and the ODCP all right, title and interest in and to all Deliverables and all intellectual property rights and proprietary rights arising out of, embodied in, or related to such Deliverables, including copyrights, patents, trademarks, trade secrets, trade dress, mask work, utility design, derivative works, and all other rights and interests therein or related thereto. Grantee represents and warrants that the State and the ODCP shall acquire good and clear title to all Deliverables, free from any claims, liens, security interests, encumbrances, intellectual property rights, proprietary rights, or other rights or interests of Grantee or of any third party, including any employee, agent, contractor, subcontractor, subsidiary or affiliate of Grantee. The Grantee (and Grantee's employees, agents, contractors, subcontractors, subsidiaries and affiliates) shall not retain any property interests or other rights in and to the Deliverables and shall not use any Deliverables, in whole or in part, for any purpose, without the prior written consent of the ODCP and the payment of such royalties or other compensation as the ODCP deems appropriate. Unless otherwise requested by ODCP, upon completion or termination of this Contract, Grantee will immediately turn over to ODCP all Deliverables not previously delivered to the ODCP, and no copies thereof shall be retained by Grantee or its employees, agents, subcontractors or affiliates, without the prior written consent of the ODCP. To the extent any of Grantee's rights in any Deliverables are not subject to assignment or transfer hereunder, including any moral 27 Page 132 of 394 rights and any rights of attribution and of integrity, Grantee hereby irrevocably and unconditionally waives all such rights and enforcement thereof and agrees not to challenge the State's rights in and to the Deliverables. 55.Confidentiality, IT Standards, and Security. a. The Grantee will comply with and adhere to the following the ODCP and State information technology standards and provide training to Grantee's employees and subcontractors concerning such standards, procedures and protocols as applicable. 1. Data Backup Standard: Applicable to Grantees which utilize data systems to process, store, transmit or monitor information essential to the performance of the ODCP required services. 2. Data Stewardship Standard: Applicable to Grantees which utilize data systems to process, store, transmit or monitor information essential to the performance of ODCP required services. 3. Interconnectivity Standard: Applicable to Grantees which utilize data systems to process, store, transmit or monitor information essential to the performance of ODCP required services. 4. Laptop Data Protection Standard: Applicable to Grantees which utilize laptops to process, store, transmit or monitor data essential to the performance of the ODCP required services or connects to state owned or managed network. 5. Removable Storage Encryption Standard: Applicable to Grantees which utilize removable storage devices to process, store, transmit or monitor information essential to the performance of the ODCP required services. 6. Web Application Security Standard: Applicable to Grantees which develop, manage or utilize state resources including but not limited to websites, data systems, desktop applications and web based services. 7. Website Accessibility Standard: Applicable to Grantees which develop and maintain ODCP web pages. Current state information technology standards are accessible online at. https:Hocio.iowa.gov/home/standards b. The Grantee will take all precautions and actions necessary to: (i) prevent unauthorized access to the ODCP's and the State's systems, networks, computers, property, records, data, and information; and (ii) ensure that all of the ODCP's and the State's documentation, electronic files, data, and systems are developed, used, and maintained in a secure manner, protecting their confidentiality, integrity and availability. Grantee agrees that it will not copy, reproduce, transmit, or remove any ODCP (or State) information or data without the prior written consent of the ODCP. Grantee agrees that it shall be liable for any damages, losses, and expenses suffered or incurred by the ODCP or the State as a result of: (a) any breach of this section, or (b) any breaches of security (including those described below) that are caused by any action or omission of Grantee or Grantee's employees, agents and subcontractors. Breaches of security include, but are not limited to: 1 Disclosure of confidential or sensitive information; 28 Page 133 of 394 2 Unauthorized access to ODCP or State systems; 3 Illegal technology transfer; 4 Sabotage or destruction of ODCP or State information or information systems; 5 Compromise or denial of ODCP or State information or information systems; 6 Damage to or loss of ODCP or State information, or information systems; and 7 Theft. a. The Grantee shall immediately report to the ODCP any such breach of security. In the event of a breach of this section or any breach of security as described herein, the ODCP may terminate this Agreement immediately without penalty or liability to the ODCP and the State and without affording Grantee any opportunity to cure. 56.Qualifications of Staff. The Grantee shall be responsible for assuring that all persons, whether they are employees, agents, subcontractors or anyone acting for or on behalf of the Grantee, are properly licensed, certified or accredited as required under applicable Federal and State law and the Iowa Administrative Code. The Grantee shall provide standards for service providers who are not otherwise licensed, certified or accredited under Federal or State law or the Iowa Administrative Code. 57.State Agencies and Iowa Regent Institutions. If the Grantee is a state agency or state of Iowa Regent Institution: a) Section 45 (Indemnification) and Section 47 (Status of Grantee) shall be of no force and effect. b) Section 46 (Warranties) shall be modified to delete the phrase "and warrants" each time said phrase is mentioned. Additionally, the following sentence shall be deleted from. 46(b): "In addition, Grantee agrees to indemnify, defend, protect and hold harmless the State and its officers, directors, employees, officials and agents as provided in the Indemnification section of this Contract, including for any breach of the representations and warranties made by Grantee in this section." c) Section 52 shall be modified to add the following sentence: The ODCP and State agree to provide to Grantee a non-exclusive, royalty-free license to use the Deliverables for its own research and educational purposes, for the purpose of complying with this Grant, and for any purpose authorized or required by federal or state law. Revised May 20, 2021 29 Page 134 of 394 Iowa Governor's Office of Drug Control Policy STANDARD GRANT CONDITIONS CERTIFICATION Legal Applicant & Program/Project Director On behalf of, (agency) C:tty of Waterloo I have read,understand, and agree to abide by the Standard Grant Conditions for the Iowa/Governor's Office of Drug Control Policy Grant Program. Quentin Hart, Mayor (Legal Applicant--Print or Type) (Signature Legal Applicant) (Date) Joel Fi:ttgerald Sr, Chief of Police (Program/Project Director—Print or Type) (Signature Program/Project Director) (Date) Iowa Governor's Office of Drug Control Policy STANDARD GRANT C®NDMONS CERTIFICATION Contract Services (If Applicable) (contracting agency) has entered into an agreement with Applicant)to provide services through a grant provided by the Office of Drug Control Policy. The applicant a=tandard ovided a copy of the standard grant conditions. I have read, understand, and agree to aGrant Conditions for the Iowa/Governor's Office of Drug Control Policy Grant Program. (Signature Contracting A tne.y) (Date) 31 Page 135 of 394 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as October 18, 2021, to approve a request by the City of Waterloo to vacate 0.18 acres of City owned right-of-way at East High School at 214 High Street, and rescinding Ordinance No. 2618, and instruct the City Clerk to publish notice. City Council Meeting: 10/4/2021 Prepared: 9/22/2021 ATTACHMENTS: Description Type ❑ Vacate Report Backup Material Resolution setting date of public hearing as October 18. 2021, to approve a SUBJECT: request by the City of Waterloo to vacate 0.18 acres of City owned right-of- way at East High School at 214 High Street, and rescinding Ordinance No. 2618, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted is a request to set the date of public hearing as October 18, 2021, to approve the request by the City of Waterloo to vacate 0.18 acres of City owned right-of-way at East High School at 214 High Street, rescinding Ordinance No. 2618, and instruct the City Clerk to publish notice. The request to vacate City owned right-of-way will enable the City to correct a legal description for land previously vacated in 1972 and vacant a piece of City owned right-of-way that should have already been vacated years ago at East High School, because it is no longer needed for City purposes and is used as part of the school campus. The site has been zoned"R-3"Multiple Residence District since the adoption of the Zoning Ordinance in 1969. North— The Canadian National Railroad yard— M-1 Light Industrial District. South— East High School—"R-3"Multiple Residence District. East— The Canadian National Railroad yard—M-1 Light Industrial District. West—Downtown Waterloo -"C-2" Commercial District and "C-3"Central Business District These vacate areas are not located in a flood plain as indicated by the FEMA Flood Insurance Rate Map No. 1900025 0189F The vacate areas do not contain any utilities, it is currently baseball diamond at East High School. Page 136 of 394 Summary Statement: The Planning and Zoning Commission recommended unanimous approval of the vacate at their regular meeting on May 11, 2021. The request to vacate City owned right-of-way would not appear to negatively affect the area or traffic conditions. The two vacate areas currently contain a baseball diamond on East High School's campus. One of the vacate areas was vacated on December 26, 1972, but has an incorrect legal description. That legal description will be revised as part of this vacate request. The Other area was a strip of right away between High Street and Cascaden Avenue that was never vacated even though the streets it connects to were vacated. The Waterloo Planning and Zoning Commission unanimously approved the request at their regular meeting on May 11, 2021. Therefore, staff recommends the Request by the City of Waterloo to vacate 0.18 acres of City owned right-of-way at East High School at 214 High Street and is located in the"R-3"Multiple Residence District, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area. 3. The request to vacate would allow for the revision of incorrect legal description for one of the vacate areas and vacate an area of City right-of- way that is no longer needed for City purposes The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. The proposed vacate would not appear to have a negative impact on drainage. Neighborhood Impact: The Future Land Use Map designates the area as Parks, Open Spaces, Schools, Hospitals, Government Facility, and Public Areas. This vacate request would be in compliance with such designation. There would be no platting required in relation to the request. The City will complete a plat of survey to properly describe the area to be vacated, and delineate the line. Data/Analysis and Strategies: Vacate Public Right-of-Way Expenditure Required/Source of None Funds: That portion of Fremont Street described as follows: Beginning at the northeast corner of Lot 12, Block 3,Auditor Rainbow's Plat of Cascaden Place; thence south along the east line of said Lot 12 to the southeast corner of said lot; thence south along the east line of that portion Page 137 of 394 of Fremont Street previously vacated and last described in Deeds Book 492, Page 636 to its intersection with the eastward extension of the south line of Block 3,Auditor Rainbow's Plat of Cascaden Place(said south line of Block 3 also being the north line of Pine Street as platted); thence east on the continuation of the eastward extension of the south line of said Block 3 to the west line of Block 74, Cooley's Addition; thence north along the west line of said Block 74 to the south line of Lot 1, Block 4 of Auditor Rainbow's Plat of Cascaden Place; thence west along the south line of said Lot 1 to the southwest corner of said Lot 1;thence north along the west line of said Lot 1 to the northwest corner of said Lot 1;thence west to the point of beginning. The property described above being the same property described in City of Legal Descriptions: Waterloo Ordinance No. 2618 and filed in Miscellaneous Book 202 at Page 280, in the Black Hawk County Recorder's Office. A certain tract or parcel of land situated in the Northeast quarter of the Northeast quarter of the Southwest quarter of Section twenty-four(24), Township eighty-nine(89)North, Range thirteen(13) West of the of the Fifth Principal Meridian bounded and described as follows, to-wit: Beginning at a point in the West line of the Northeast quarter of the Northeast quarter of the Southwest quarter of said Section twenty-four (24) fifty nine and one-half(59 1/2) feet North of the Southwest corner thereof, and extending thence North forty one and one-half(41 1/2) feet; thence Southeasterly parallel to the center line of the Main track of the Dubuque and Sioux City Railroad to the South line of the Northeast quarter of the Northeast quarter of the Southwest quarter of said Section twenty-four(24);thence West a distance of seventy(70) feet More or less to the Northeast corner of Lot eight(8), in Block seventy-four(74)of Cooley's Addition to Waterloo; thence Northwesterly in a straight line to the place of beginning, containing one-tenth(1/10) of an acre, more or less. Page 138 of 394 City of Waterloo City Council August 2, 2021 —DAWSON ST IMT2 M-2 A-1 R=2;C-Z > L —RIEHL ST O�GER ST R-3 R-2;C-Z (n JR- -:3 LU QUINCY ST UNITY SQ C-2,C-Z z s3 Y I Y Z WEBSTER ST—W CENTER ST M-1 0 Q I W _I Z ADAMS ST m C-1 C-2ji R i, = Q o R-3 C_ R-2 R-2 C-i COTTAGE ST 1 i CSUMNER ST w R=4CIO w Q ONEIDA ST--Z Lu O m ROBY LN n U W R-2 �= Q L M-1 R P' m �3 ARGYLE.ST m W WILLOW ST SHILLIAMAVE cR-3 R-4;C-Z ALMONDII T �C-2 RI3 I� mALBANY IT CMR-3 C-P PINE ST M-1 Z L-DOUGLASSTJ LIME ST C-2 VINE^ST M�cNUNG�RDR cn 63 GLENWOODST ¢—c~n 1,M-2 �'Fs �P s� o C-2 z n e ^y� C-3 � R'3 INDEPENDENCE AVE �`2 \ 5� 5� �5�'s' C-P I I C-1.� CD COr���� ��� z—co—COURTLAND ST M_1 z R-31R-P z o M-1 9 T �:NFOWLER SJT R-4, R-3 R-3 A-1 C-2*C-Z R-2?C-Z �p C-3 � m � C-2 C-2 � LMULBERRYST C21a M-1 � M-2 y i ^�C-2 `C �AFgyFT M-2 Z ARCHERAVE- �� TEST 02 I S / BUTLER AVE C-2 ��G� j��s M-1 M-1 RF L R-4 s� °mss M-2, C,1 N Unused Right-of-Way w+1 E Vacate s City of Waterloo 1,000 500 0 1,000 Feet Page 139 of 394 City of Waterloo City Council August 2, 2021 Canadian National Railroad Areas to be Vacated i East High Ball Fields N 214 High Street w E ROW Vacate s City of Waterloo 50 25 0 50 � � Fee Page 140 of 394 May 11,2021 REQUEST: Request by the City of Waterloo to vacate 0.19 acres of City owned right-of-way at East High School at 214 High Street, located in the "R-3" Multiple Residence District. APPLICANT(S): City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The applicant is requesting to vacate portions of a formally DESCRIPTION: platted road near 214 High Street. IMPACT ON The request to vacate City owned right-of-way will enable the NEIGHBORHOOD & City to correct a legal description for land previously vacated in SURROUNDING LAND the 1970s and vacant a piece of City owned right-of-way that USE: should have already been vacated years ago at East High School, because it is no longer needed for City purposes and is used as part of the school campus. VEHICULAR & The request to vacate would not appear to have a negative PEDESTRIAN impact on vehicular or pedestrian traffic in the area. TRAFFIC CONDITIONS: RELATIONSHIP TO The Martin Luther King Jr. Trail is located 1,500 feet southeast of RECREATIONAL TRAIL the vacate area. PLAN and COMPLETE STREETS POLICY. ZONING HISTORY The site has been zoned "R-3" Multiple Residence District since FOR SITE AND the adoption of the Zoning Ordinance in 1969. IMMEDIATE VICINITY: North —The Canadian National Railroad yard — M-1 Light Industrial District. South — East High School — "R-3" Multiple Residence District. East—The Canadian National Railroad yard — M-1 Light Industrial District. West—Downtown Waterloo - "C-2" Commercial District and "C-3" Central Business District. BUFFERS REQUIRED/ The request would not require any buffering by ordinance NEEDED: standards. DRAINAGE: The proposed vacate would not appear to have a negative impact on drainage. DEVELOPMENT Located on the northwestern edge of East High School Campus. HISTORY: The areas to be vacated are currently being utilized as a baseball field. East High was originally founded in 1874 and its oldest existing building was constructed in 1918 with numerous additions over the years. FLOODPLAIN: These vacate areas are not located in a flood plain as indicated by the FEMA Flood Insurance Rate Map No. 1900025 0189F PUBLIC /OPEN East High School has open spaces for sports and other school activities. Dr. Walter Cunningham School for Excellence is Vacate-214 High Street Page 1 of 2 Page 141 of 394 May 11,2021 SPACES/ SCHOOLS: located approximately a '/z mile to the northeast and George Washington Carver Academy is located approximately 1 '/4 miles to the northwest of the project site. UTILITIES: WATER, The vacate areas do not contain any utilities, it is currently SANITARY SEWER, baseball diamond at East High School. STORM SEWER, ETC. RELATIONSHIP TO The Future Land Use Map designates the area as Parks, Open COMPREHENSIVE Spaces, Schools, Hospitals, Government Facility, and Public LAND USE PLAN: Areas. This vacate request would be in compliance with such designation. STAFF ANALYSIS — The request to vacate City owned right-of-way would not appear ZONING ORDINANCE: to negatively affect the area or traffic conditions. The two vacate areas currently contain a baseball diamond on East High School's campus. One of the vacate areas was vacated on March 22, 1971, but has an incorrect legal description. That legal description will be revised as part of this vacate request. The Other area was a strip of right away between High Street and Fremont Street that was never vacated even though the streets it connects to were vacated. The Waterloo Planning and Zoning Commission unanimously approved the request at their regular meeting on May 11, 2021. STAFF ANALYSIS — SUBDIVISION There would be no platting required in relation to the request. ORDINANCE: The City will complete a plat of survey to properly describe the area to be vacated, and delineate the line. STAFF RECOMMENDATION: Therefore, staff recommends the Request by the City of Waterloo to vacate 0.19 acres of City owned right-of-way at East High School at 214 High Street and is located in the "R-3" Multiple Residence District, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area. 3. The request to vacate would allow for the revision of incorrect legal description for one of the vacate areas and vacate an area of City right-of-way that is no longer needed for City purposes. Vacate-214 High Street Page 2 of 2 Page 142 of 394 0 v 60 925 E 4TH ST- 160 1 xo;: _ • - : : 0 6 r H{{ k "\' r o� u cfl �7 � - �} }` .moil \.. `�• 3' 3 10 3 ALMOND ST 3 50, ,25 ' 25 25 25 25 25 ¢ 25 25 25 25' +� i �x AUDITOR 100 RAINBOW'S PLAT OFA:. #, r rr ti w• : '• ` 4 9 4 60 CASCADEN PLACE - Parcel 'A' 2 60 160 `•� � � .� - ��°. - . �h •; 4 ?'bq, .� ;ti� #ir. >> d• T ' �, I- w 0 3 30 1 N 25 25 25 25 25 25 25 25 25 25 25 25 25 25 _ A 5 829 E 4TH ST o { 2 Nf r� " 8 1 Z 3 N o n w rn o N M o n m " y �!. # SHILLIAM'S = ao w O {.. N SUB. N 6 N M M M M N O ri 3 y :! 73 30 50 50 50 N N N C\1 ti .rr{ 50 50 50 45 N 50 50MERRIMAN ST 3 _ ._ a� Parcel 'B' ' rl 104 44 66 60.4 a0 a0 50 { r-- i 7 r 1 50 50 43.5 3 72 132 38.3 - t•:.� . , f � � 50 50 �: �-� ,� �..`" �� � �� LU off, �ti 2 cD f ti 196,6' M w Z 2 ,I o Parcel 'C' ' 807,E'4- ST�� L0 C w N 3 m n o rn `x. o N r 32 n a 4 w n rn N 140 140 60 60 60 60 60 60 60 R 100 R 3300 ti n 4TH STf G � M 2 1 r t o n 5 cD �, Parcel 'D' - � ry i I_ �ti {:,,1 ' 97:5 :::; m rn O Co 60 160 •, , 6 t° 60.4 40.5 58 43.8 45 55 90 . y 50 110 Ilk, ti 7� rn 3 N f't PINE ST Parcel 'E' N - w ,,f .. 000 �r 50 50 120C, CD c ' ! v 60 160 N N f. ' k'M.. ti 31 - 4 140 140 ; U) t O r w fI'IIIr� u r } - Lo o cn w w - w z z 5 o 0 5 0 0 o,z a a n 6 cD m 5 0 # + M r; AOL _ 1 Parcel 'J' r+ ._ 190 i 156 ;,. '. 0 0 rn m � , } Y r.. a� 4 7 o O �r y F 330 330 . i .� }aVF l •l ... '..�� \ `,� T 1{ .,. ,,.w.,,,,,.n;. �,,. Parcel .I, -�. .--,. .r `'.•. ` .,,` r ;." n 3H�. 4 cD coy 3 8 0 � o o i Parcel 'F' co o O o v w m c 3 4 12 M o 3 330 - v... 330 1C f q.. U) L' Parcel 'G' f 1 W N n , - • - t - 1 = .. 2 ( 2 9 2 o N f 7!'• * n. tik_' 0 13 M. ti .l 10 cD m 1 14 r y. rc I 60 140 o. HARDY 156 r. K. &VIRDEN'S Y 160 140 140 140 �`• PLAT 60 60 60 60 60 60 70 86 17 - �- .stir 154 170 I- r LIME ST W LIME ST ti ' - J 170 26. 1 s. 35 - _- 4 {, u� . 112 38 100.3 u~i 629E MUN OER'S, 3 4TH ST rn M 140 140 140 140 60 60 60 60 60 55.6^ 55.6 55.6 55.6 �!" _ :r.•;, f *„ _ N �F6 SUB. 101.4 0 6271E M ui w 5 6 0 300 222.4 �O�s + 6 n N w 4TH ST N `� i 5 6 o r � 'w- . 1-10 � e 7 102.5 rn _ � _ } m z QO ^:� 5 S:139.5 OR Q ASO~ �O 619 E THS 82 i � N n N Cr- ., e.` .. o rn rn RICKER - co 80 h� \ 'off S, ,� 96.5 615,6171E o ems • `� &BRATNOBER'S 2r.. co v �'� Ri 4TH ST o m co 1 .., N 51.2 + , L �9 65.1 N m o 0 o COOLEY ADD. i yL G> , 8 co m roi 3 8 m o = o0 Co � Parcel 'L' M M ,� �' 21 o s .. Parcel 'M' = 1 _� �n ch 1►3 � � -'��'� 214 y �+ 60.1 150.3 • • H coD � � o o 102 l 2 � � AUDITOR FRANCIS' Parcel 'K' co cD 2 9 coo o 4 i HARDY&�VIRDEN 102 .Z 140 0 F 2 0 0I. PLAT N0T2 J9 ' 105 CD q �PJ� 00 N j 150 M i 00 N 04 Ln i 2 - AO 1 0 10 m coo 1 ° o s CO 5 coo 10 cD 1 � C) o rn o �O 112 140 140 140 O n O m 97 60 60 60 60 60 60 c' 6 T. jI -- �S �� 156 6 .06 60.06:' r82.5 O 110 40.04 0 _ + 60.06 O N 516 100 10 30.06 30 100 105 VINE ST � Parcel 'P' 309 21 Parcel 'N' * f g'"" _ � 1P. E ST 132 82.9 82.9 330 • - 100 46 94 120 y 5 0° 191 140 140 60 60 60 60 Al 60 60 156 O Parcel 'O' '�' a co 5 6 w h A 5 O �ij, OS 7 . 4 ,n N 7 g 4 Q KRAPFEL'S `D N 7 ch 2 W v rn J a N LU o � co �* U SUB. z � x o o � l •� �"�, - +f 700 Q o 8 m = I cn L 3 coD oo 2 AUDITOR FRANCIS' N = HARDYL&'�VIFZDEN c,) O_ y r - PLAT N0�2 (o = 1 - . �! r O - ;7• f f O 4 160 Ir o 00 1^ 7 -. wJ N M 04 rri 92 114F (D coo 132 82.96 82.96 w Lo - 6° 148.9 u' 4• Coo10 ' coD WATERLOO ti`s,. 0� o s•' O N 140� _ ' �"' JR�R - ".� sr h 60 60 60 60 60 60 � � � �• 156 �'� nIIL K Co cO ` coo w E ` �*" c7`�' 240 S O 60 30 0 60 Feet �C, ~ IL 92 10:6 7 7 MAPLE ST o # 'So Page 143,.of 394 �o MANSON& °c� co° �3 ST ML KING JR DR 41.2 24. 24. 29.9 50.5 45.15 M v 108.4 32 AUDITOR RAINBOW'S � 17 COOLEY'S SUB. 6 4r--`�; '. O E 5TH PARK'S SUB. M LEEPER'S SUB. PLAT OF COOLEY;S.SUB. WATKIN'S SUB. Jon To AA. 11 Lot Deed Record No. 4 D, `3 611 Ggr7U ,uic�. 3 10 ux, `73 t,. ^1lroad comp-,r,,,. 0 W,-kter le+s. Dvia. I This IYlorture'�yYtnessetixs Ti,at tho Crazitor, tide sr f uiu.;,ata nn' Stotx clt5 oa,i Coulganj, -a cor7Xoration duly a:>t3 exIstLIZ u,-".tor and E e �y virtuo 0C tiae laws of the State of Iowa, 11. c:e=t.,>i,fezxatit>n tr" Cno 7011ar We?.Qp1 Trail by ve it 0 t :.te•?'��:,,�. �irwlr�i ],erg=y f:;anow2a7 0,3, c3r�eahereb f_ M, • y'gtr,i„ claim '-rnto tiq ;,'^terl�o, in F,lnc ronin# a cert^.ii: tr,'ct �'r ;,o-mel of 7.ancl situ-,te�3 j, t.^.e >torthe^tst junrter oP tte iTDrthe9Ft of tl e :,cutbv,,"t quarter of ,ecticn trren y_1,'itL- ^urr,s7'i, ei£;Lty-nlne {60} rt.., n1:-. thirteen (1?) 1,7,,--qt of the :'if'th Princlpx l P,Nlri.,iyui ! illo- .,nri deocrIbed as `oijors. *c-rrit:. u iriY,t i the L ; ? ne or tie (Jr,heast urrrter of U,e ilorthen-t Haas+ of the z5.1:t�„+e.t t_uart'fi D ,•;ti=3 wP.Ct iCn, y�,e"l t? -.vUr („?4 ,� ift. nl,e art+3 one-tha] eet :t of the Notrthwest cornar'tY.erepP, acid e,xtenlini, thence _brthr,,brt, one,nrx3 one nnlf Al ? feet; thin--f' tit:t;tp* trrly pt,rr.:1el ... t;;_ center tine n' t'ae '., trz,r .0-:, 1,1, 'u u- '4 ttr+U E; £kT?,1 ;2Ei':iY« ;".1 ty 1'i11e 6f t;'1 it7r:1'Se^. t n.,.nrta2' o”' t].ia, .o T•tt16RC?t i"t'.:tl:!. 1 ter c�? tt,e f!'"'th"st nUfl2.tQr of S/.'.Sri. ,ctic:t twentt•-:oi:lr U14) t1 dice 7-est �1 4i.,t<l.nce of' geve - a ty {?G} fcet. :fore or lens to t?..e ;torth,e nt cor*1=:r c-' T,,t t 74) csC coley' • AvTdItion to erloo r Iliel "ort"'onterly iri a 3t . 1,,1,t 11 n t p+;,iyr ' J , n ,int 7 Grn-tantY: (1 10) o f an ncre s rx)re or lees. ,'^.'V4 sn:3 To .'0l'4 the «130Ve df?6 Critled j.71'L'Tliu a:, ilfltLti tYiC ,1'1: (;1tj' 0r Vinter 2.t5C, ""or U.Se {Sg Ll. puulc street nr h1;21ny. rut it 1',:1 nn exprer., con;'rtion o thi 1r t?.r°t It cf "`nt.srioo r•7l. nsse ti.; Crnntc, , 1.t,::,e�s> au ��., r$ or the cGSt, or nn+, part of :he Fast r, radlY2;> pavit;'• .;airtr.irir: or i ,x31!cvis7a the rail street or she i7. roq?iire the Cr€i.tor> it:i Feces, successors or asqi,-nu te, const t a On sn1d-1, rnrtiaes, or to gay ,'-+r ti,e oan tx zction of sun?. si'erze.l c or any p^rt thereof, ,ill ri;:.-hts of, the saii3 City o ' r-_ter24c rna cf t2;e razl.lic il: t,,nd to ts,rs gni-i j,rnrise rh<.].' ^N3s-e enl detormine. nn' t;:.a £'rrritcr. ita , nos, sticcesa,rs or ag i-ns ry hn e, tliCrim-tt nt en; tune +:2.ere:.'t r ;,:;9 U 0.'.mnta-e rrryAt+e tnken oP Frevic+zis k,rerr.]ac+, n o' con:]itn hereun]er, to r,4,-linter and resume po roae;ion•of tha sai:i greruises ani to exclu:38 tt,». T.u}i2ic rrr<l is ;rt3;er us+a t]'.rrrS f. 1 e iroxv ",ereo-, ttr ill•,que <nd Cianx Cit} =�ailr+�.�?-Corpnr.;; 1ias c,usea these Tjrocerts to it; s' A7..'., yip ,i^° V i .3 n cc;r or.t,� :al° to 7Te i-:erau;?tcr ff ze+:t and fitly tteste:] is Y e a ..y V., Stal:: ui-uqu¢ 'n] sl,ttx Cit ihroa 7 Colpruly. Latest i<??L1,, wTuazn, Ey tuyvesorlt Ss7 . Tresirent. ., •cret<.r , e o; i+ehso.rHuo xor,�, . .. k frtho3Tf•alr rlr.r?kty ixs d neP rsouy n?,mare} tui-vonint ^'May 3002l l,o bre 0 1 t ze.:L.o,t o 1, t E Laii_rt,j r:,e iul, sworn jiduclue . .,1eux 1 -1. i i '�?t` ,r +; the �_r, x:_u v � ty , .,ilroa i erT±a:iy, fiu�7 tYiat L7 3 7 ce of tii3 +�crp ratitrl, and t7int said Ins tstu erlt i , a c ;ri* rrpc2 �1nn 7 auttorit,: of its E+onrd of �ireetorc: n$ d tit +t t -'i£Y e t o ror�la ,. , ;1 .,+i3. .Ln t �7gat to is t, e ,�'-untag, �t�� ani >iee,i e: itnes c.. ryn;:1 c fi•�in3 en1 t lay i Oar F rst ei��ve writton. Vfcrd. Notar" T'tti,lio il and T �r Rxxlti=r. Al- i :or teir,ro__ .'- 3tg,, -Ii nr^'•` t 71.lel 2-r u 1:t.T 1 to of :�eiv pork. _ � i Page 144' of 394 City of Waterloo, in Black Hawk County Iowa, a certain tract or parcel of land situated in the Northeast Quarter of the Northeast Quarter of the Southwest Quarter of Section twenty four (24) , Township eighty-nine (89) North, Range thirteen (13) West of the Fifth Principle Meridian, and bounded and described as follows, to-wit . Beginning at a point in the West line of the Northeast quarter of the Northeast quarter of the Southwest quarter of said Section (24) fifty nine and one-half (59 . 5) feet North of the Southwest corner thereof, and extending North forty one and one half feet (41) ; thence Southeasterly parallel to the center line of the Main track of the Dubuque and Sioux City Railroad to the South line of the Northeast Quarter of the Northeast Quarter of the Southwest Quarter of said section twenty four (24) ; thence west a distance of seventy (70) feet more or less to the Northeast Corner of Lot eight (8) , in Block seventy four (74) of Cooley' s Addition to Waterloo; thence Northwesterly in a straight line to the place of beginning, containing one-tenth (1/10) of an acre, more or less . Page 145 of 394 That portion of Fremont Street described as follows: Beginning at the northeast corner of Lot 12, Block 3,Auditor Rainbow's Plat of Cascaden Place; thence south along the east line of said Lot 12 to the southeast corner of said lot; thence south along the east line of that portion of Fremont Street previously vacated and last described in Deeds Book 492, Page 636 to its intersection with the eastward extension of the south line of Block 3,Auditor Rainbow's Plat of Cascaden Place (said south line of Block 3 also being the north line of Pine Street as platted); thence east on the continuation of the eastward extension of the south line of said Block 3 to the west line of Block 74, Cooley's Addition;thence north along the west line of said Block 74 to the south line of Lot 1, Block 4 of Auditor Rainbow's Plat of Cascaden Place;thence west along the south line of said Lot 1 to the southwest corner of said Lot 1; thence north along the west line of said Lot 1 to the northwest corner of said Lot 1;thence west to the point of beginning. The property described above being the same property described in City of Waterloo Ordinance No. 2618 and filed in Miscellaneous Book 202 at Page 280, in the Black Hawk County Recorder's Office. Page 146 of 394 4E 35. 3W-aE-SW-24 6 • y V KrE�p VEI21FfED MANNoG.E-ac-t,2ooq PReveovs�-41k3ANnoNt'p 34"O _ SeE'MF7F Sor5,5o37 8„ l o/o�i-..\vATE 104-747 8'" ABANnO.veV MFa 5o(5 3$ qy,s Mr+iN wAS /G".'-'i AgANoe Nen S•8o (�-J' p _ n h P//^VL sEF MF#$oiS VACATED o orz 7y-/+a/z 22 -/971/ 40 O 70 )g %4 0 20 327 IzS 72 s 326 724 u� F.� C 72 o 4 c _ _ z oc<,2oo9 h � 9 Id Jm,{ic6 m mR„6ei� M Vwc�rru GeNCE5A DN5ThND M NIh NF{OL.E 7/9� 3 ^ rp 3LS= aIZD 267 '3iq` 3 3r0 7/- — .l\ 2 o g ? sgs 2 m� N L^ 47 _ �a 3> p3o4 C4-5. 703 7!2¢ ®d7G y AllIz 0 702 / /a r 440 ;�o .� O MH.MF+�SorS /AH MMS"'IS p M.H•MFa 5o5 aa.�o h O i060a N 'a � 9z.00 92-ga Pau c9 MF*6015" P�u6�9m.oo 4 MFSSoiS P..Nq /419 0 /40� r 228 N #'70 20 \ 6 h 22s �+ a rZ 9 /0 /g0 /f0 2(3 g 70 /40 1 i 2/0 e a•n M,V Pade 147 of 394 VOL.F WWTERLOO o 36 sw-ae-sv�-'<-r 39/ 39B 3�7 33S 332 0 �32B 70 /O 317 3=4 �Ty /2 /9 /s /6 pi9O o /2 44 ¢ 3�2 _ p iii ' 19 �6 /3 0 2 O 3.7 304 s ooy d 303 302 m a n N I iryI 0 yp A 1 -5 pp� n _• g o �pI n h to /4a n 601% m� m�,aD� 60 /6-6 FIE1_o vE2iF EO or,>.moo SANiTA RY S'EW—WAS '�E�MF4F 49y� �M.H•REMA/Nz � • MFk5o5C, ABANpoNeD �4 � ^ 9'93. 4f jIrc . 60so a I2 � I 2 lu p �I NI I I I m 55•G 0� SsV 0 sf•G m Ss=G 6 � �2� ana I a �I« 7 2?• I j Ub.of is 3g56-C'oo z/B S 4 3 2 k N l SS.4 /62.4 V I v 8 ,215 7,9 271 > 'z off 2g <E 52 Page 148 of 394 VOL F W, 9TE0 RLOO Vacate — 214 High Street Looking toward one spot that needs to be vacated. j ev4y .:�. Looking toward second vacate area. Page 149 of 394 City of Waterloo Planning& Zoning Department 715 Mulberry Street, Waterloo,Iowa 50703 (314)241-4366 ❑ Offer to Vacate and Purchase City Right-of-Way 0 Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement ❑ Sale of City-Owned Property r_ Applicant: �� I V Address:—_�toto U@ hon No.: Email: General Description of Property to Vacated(i.e.-alley between A St. & B St., South of C St.): Legal description of area to be conveyed,vacated, or encroached: 1. A non-refundable filing fee(s)shall be made as follows(checks payable to City of Waterloo): • Right-of-way vacation---One Hundred Seventy Five Dollar($175.00)Filing Fee • Easement or sidewalk vacation--Seventy Five Dollar($75.00)Filing Fee • Encroachment--One Hundred Dollar($100.00)Filling Fee Sale of city-owned property not required to be vacated--No Fee • Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00)Fee 2. Offer Price*[Note:If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CUBA): • Costs(surveying&misc.,demolition,remove of curbs,etc): Asking price—Deductions=Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected,all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following ease hall be retained: 5. Other: Please p.av' Iitc'plan and/ r rial photo of the area to be vacated if the request involves additio a co ruct as the reaso or e request. Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 150 of 394 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as October 18, 2021, for a request by Northland Products Company to rezone 5.19 acres from"M-1"Light Industrial District to "M-1,C-Z"Conditional Zoning District, to allow for compactors and drum washing system, in relation to a petroleum operation located at 2830 Geraldine Road, and instruct the City Clerk to publish notice. City Council Meeting: 10/4/2021 Prepared: 9/15/2021 ATTACHMENTS: Description Type ❑ Staff report and Maps Backup Material Resolution setting date of public hearing as October 18, 2021, for a request by Northland Products Company to rezone 5.19 acres from"M-1" Licht SUBJECT: Industrial District to "M-LC-Z" Conditional Zoning District, to allow for compactors and drum washing system, in relation to a petroleum operation located at 2830 Geraldine Road, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval with condition that there is no outside storage of materials or other items related to the operations of the business other than licensed vehicles. Transmitted herewith is a request to set the date of public hearing as October 18, 2021 for a request by Northland Products Company to rezone 5.19 acres from"M-1"Light Industrial District to "M-1,C-Z"Conditional Zoning District to allow for compactors and drum washing system in relation to a petroleum operation, located at 2830 Geraldine Road. The applicant recently purchased the building and they plan to have operations there that compact plastic containers, which mostly consist of five gallon pails, and a washing system to clean drums in relation to a petroleum products company. The"M-2"Heavy Industrial District allows refining or wholesale storage of petroleum or petroleum products or gasoline but none of those activities will be taking place at this location. Due to this proposed use Summary Statement: being related to a petroleum products business, which are not permitted in the "M-1", the request for Conditional Zoning is being proposed to allow this proposed, less intensive use in the"M-1". The drums that will be cleaned there will have remnants of some petroleum products and antifreeze in them and the applicant indicated that the equipment used to clean captures those products and they are not released into the sanitary sewer system. There will be three employees at the site and this use requires one parking space for each two employees on the maximum work shift, therefore two parking stalls are required. There are 18 parking stalls in the parking lot on the west side of the property in front of the building. Page 151 of 394 At the September 14, 2021 Planning and Zoning Commission, the commission unanimously recommended approval of the rezoning. Neighborhood Impact: None Implementation,Accountability, N/A and Communication: Expenditure Required/Source of None Funds: Alternative: N/A Legal Descriptions: Lots 7, 8 and 9 of South Port 2nd Addition, Waterloo, Black Hawk County, Iowa. Page 152 of 394 September 14,2021 REQUEST: Request by Northland Products Company to rezone 5.19 acres of land from `rM-1" Light Industrial District to "M-1,C-Z" Conditional Zoning District, located at 2830 Geraldine Road. 'e- , WAIRLINEHWY_•, "f `` ,=J? r Nz « GERALDINE RD -- z E- J", roRequesi'mg Rezone -. _y NssriiNiory ei - _ v APPLICANT: Northland Products Company, 2830 Geraldine Road, Waterloo, IA 50703 GENERAL The purpose of the rezoning is to have compactors and drum DESCRIPTION: washing systems related to Northland's petroleum production system. No petroleum products will be produced here, but drums used in the process at their main building at 1004 Rainbow Drive will be cleaned at this location. Plastic will be compacted at this location in the compactors. 09_14_21 2830 Geraldine Rd M1 to M1CZ Page 1 of 7 Page 153 of 394 September 14,2021 IMPACT ON The request would not appear to negatively impact the surrounding NEIGHBORHOOD & industrial park or land use as there is already light industrial uses SURROUNDING nearby. LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. This is a TRAFFIC developed site and there are no proposed changes to vehicular CONDITIONS: use access points or vehicular use areas. The applicant indicated that there would be three employees at the locations and approximately two to four trucks per day accessing the site. All ti Picture 1:Looking northeast along Geraldine Road. RELATIONSHIP TO There are no recreational trails or sidewalks adjacent to this site. RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The property is zoned "M-1" Light Industrial District and has been FOR SITE AND zoned as such since the adoption of the Zoning Ordinance in IMMEDIATE VICINITY: February of 1969. Surrounding land uses and their zoning designations are as follows: North — Existing light industrial uses, zoned "M-1" Light Industrial District. South — Highway 218 and George Wyth State Park, zoned "A-1" Agricultural District. East — Existing light industrial uses, zoned "M-1" Light Industrial District. 09_14_21 2830 Geraldine Rd M1 to M1CZ Page 2 of 7 Page 154 of 394 September 14,2021 West — Existing light industrial uses and vacant development land, zoned "M-1" Light Industrial District. Picture 2:Looking north of Geraldine Road. DEVELOPMENT The City received a Revitalize Iowa's Sound Economy (RISE) to HISTORY: extend the first leg of Geraldine Road in 2008 southward from West Airline Highway and the land was platted in 2009 for the construction of LaForge Industries. Another RISE grant was received in 2011 for the second phase of Geraldine Road with platting occurring in 2012 and the building in question was constructed in 2016. The City received a third RISE grant to finish the final segment of Geraldine Road in 2014 that loops northward back to West Airline Highway and the area has seen consistent industrial growth. BUFFERS/ There is no buffering or screening required as a part of this SCREENING/ request. Landscaping has already been planted and no new LANDSCAPING landscaping is required because of the change in use. REQUIRED: DRAINAGE- No changes are proposed to the sizes of the building or vehicular use areas. FLOODPLAIN: Approximately the west 50 percent of the property, angling from the northwest to the southeast, is located in the Zone X, 500 Year Floodplain as indicated by the Federal Insurance Administration's 09_14_21 2830 Geraldine Rd M1 to M1CZ Page 3 of 7 Page 155 of 394 September 14,2021 Flood Insurance Rate Map, Community Number 190025 and Panel Number 0167F, dated July 18, 2011. PUBLIC /OPEN George Wyth State Park is located directly to the south of Highway SPACES/ SCHOOLS: 218 and the nearest school is Lincoln Elementary School approximately 2.5 miles to the southeast at the intersection of Cedar Bend Street and Walker Street. UTILITIES: WATER, The area is serviced by all needed utilities, both public and private SANITARY SEWER, when the three subdivisions for South Port Addition were platted. STORM SEWER, ETC. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial, and COMPREHENSIVE the proposed rezoning would be in conformance with the LAND USE PLAN: Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The "M-1" District is intended to provide for areas of the community ZONING which are suitable for industrial development adjacent to ORDINANCE: Commercial Districts. Any outside storage of materials, equipment or product shall be accessory to the Principal Permitted Use and shall not include the outside storage of junk or salvage material. However, staff is recommending that there is no outside storage of materials related to the operations of the business. The property is located within the Highway 218 Design Review District (DRB) but the change in use does not require review by the DRB. a PIMPAUL r Picture 3:Looking southwest at the property proposing the rezone. The applicant recently purchased the building and they plan to have operations there that compact plastic containers, which mostly consist of five gallon pails, and a washing system to clean drums in relation to a petroleum products company. The "M-2" Heavy 09_14_21 2830 Geraldine Rd M1 to M1CZ Page 4 of 7 Page 156 of 394 September 14,2021 Industrial District allows refining or wholesale storage of petroleum or petroleum products or gasoline but none of those activities will be taking place at this location. Due to this proposed use being related to a petroleum products business, which are not permitted in the "M- 1", the request for Conditional Zoning is being proposed to allow this proposed, less intensive use in the "M-1". The drums that will be cleaned there will have remnants of some petroleum products and antifreeze in them and the applicant indicated that the equipment used to clean captures those products and they are not released into the sanitary sewer system. �J -Am Picture 4:Looking southeast at the property in question. There will be three employees at the site and this use requires one parking space for each two employees on the maximum work shift, therefore two parking stalls are required. There are 18 parking stalls in the parking lot on the west side of the property in front of the building. 09_14_21 2830 Geraldine Rd M1 to M1CZ Page 5 of 7 Page 157 of 394 September 14,2021 kip vim NA Picture 5:Looking east along Geroldine Road. STAFF ANALYSIS — SUBDIVISION No platting is needed for this request. ORDINANCE: STAFF Therefore, staff recommends that the request to rezone RECOMMENDATION: approximately 5.19 from "M-1" Light Industrial District to "M-1,C-Z" Conditional Zoning District, located at 2830 Geraldine Road, be approved for the following reasons: 1. The request would appear to be compatible with the surrounding area, which is comprised of light industrial uses. 2. The request would not appear to have a negative impact upon the surrounding area. 3. The request would not appear to have a negative impact upon vehicular and pedestrian traffic in the area. 4. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates it as Industrial. Subject to the following condition: 1. That the final site plan meets all applicable city codes, including but not limited to, parking, landscaping, drainage, etc. 2. That there is no outside storage of materials or other items related to the operations of the business. 09_14_21 2830 Geraldine Rd M1 to M1CZ Page 6 of 7 Page 158 of 394 City of Waterloo Planning, Programming and Zoning Commission September 14, 2021 A-1 M-1 ii �1NG��o Z w OR" s� H oR M-2,P -BET w w J 01 CL M-1!7c�-z _ _ W AIRLINE HWY G7 �j � >> 3UP1�1Co WAYi m M11 r�'RGO I ITTF7PAII IT 1 AI oj� C)'n HAZELWOOD LN J °RD pj r vaiz GER I ��S] AKE o,\E DR z ST 218 LgyST yy;WASHINGT, \ O A-1 ?� A-1 0 SHIREY WAy p O r` > R-1 N 283o Geraldine Drive W_ E Rezone from "M-i" to "M-1,C-ZVV s Northland Oil Feet Page 159 of 394 City of Waterloo Planning, Programming and Zoning Commission September 14, 2021 WAIRLINE HWY OWN 01 J106 GERALDINE RD Sly?, Property Requesting Rezone I` W WASHINGTON ST II \ ry 218 . C• N 283o Geraldine w E Rezone from "M-it" to "M-i,C-Z" s Northland • 250 125 0 250 —Page 160 of 394 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: I- ,, J /� a. Applicant's name(please pri t : 0 4 6 0 PrVL4 6 Address: Phone: -a - Fax:_ City: oo State: SA Zip: Sy 70/ Email: bMa 2ks /loci an ; Can, b. Status of applicant: (a)Owner(b)Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: Email: 2. PROPERTY INFORMATION: I n a. Gener location of pe to be rezoned: $oa& ai' /4`rill 14wt/ -14n j wes- O A;n" rp oPcl r A "0' "n s ocs `41 00-rk b. Legal description of property to be rezoned: Lu�s 7,, '" 9, Sower. N4 a7^ ��: ani Wa u k zlaek 4awk y.To-¢ c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): Loh 7,,F 4 9 µ r /,bd d. Area of Proposed Zoning Boundary(Excluding Right of Way): 9% /9 4<<e-S e. Current zoning: A41 Requested zoning: M/— C- f. Reason(s)for rezoning and prop sed use(s)of b!r-s And g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$300+$10 per acre($750 max) (payable to the City of Waterloo) is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in questi i4regar tothe request. 2u��Signature of ApplicaDate Signature of Owner Date Page 161 of 394 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as October 18, 2021, to approve a request by the City of Waterloo to vacate 0.27 acres of City owned right-of-way at East High School at 214 High Street, retaining a utility easement over the entirety, and rescinding Ordinance No. 4459, and instruct the City Clerk to publish notice. City Council Meeting: 10/4/2021 Prepared: 9/22/2021 ATTACHMENTS: Description Type ❑ 214 High Street overview map Backup Material ❑ 214 High Street aerial- vacated right-of-way Backup Material ❑ Ord 4459 and related documents Backup Material ❑ application Backup Material Resolution setting date of public hearing as October 18, 2021, to approve a request by the City of Waterloo to vacate 0.27 acres of City owned right-of- SUBJECT: way at East High School at 214 High Street, retaining a utility easement over the entirety, and rescinding Ordinance No. 4459, and instruct the Cie Clerk to publish notice. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Transmitted is a request to set the date of public hearing as October 18, 2021, to approve the request by the City of Waterloo to vacate 0.27 acres of City owned right-of-way at East High School at 214 High Street and retaining a utility easement over the entirety and rescinding Ordinance No. 4459, and instruct the City Clerk to publish notice. The request to vacate City owned right-of-way and rescind Ordinance No. 4459 will allow the City to vacate a piece of City owned right-of-way that is no longer needed for City purposes and is used as part of the school campus, while returning some formerly vacated sections of City owned right- of-way to public right-of-way for traffic and pedestrian purposes. The site has been zoned"R-3"Multiple Residence District since the adoption of the Zoning Ordinance in 1969. North— The Canadian National Railroad yard— M-1 Light Industrial District. South— East High School—"R-3"Multiple Residence District. East— The Canadian National Railroad yard—M-1 Light Industrial District. West—Downtown Waterloo -"C-2" Commercial District and "C-3" Central Business District Page 162 of 394 These vacate areas are not located in a flood plain as indicated by the FEMA Flood Insurance Rate Map No. 1900025 0189F The vacate area contains sanitary sewer and water mains. A utility easement Summary Statement: will need to be retained over the entirety of the vacate area. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area., or on drainage. The vacate area is currently part of East High School's parking lot. The vacate area was originally vacated along with additional surrounding streets on March 5, 2001 in Ordinance No. 4459. the other surrounding streets that were vacated as part of Ordinance No. 4459 were planned to be blocked off and included in the East High School Campus Master Plan for access control of the site, but these areas are no longer desired by Waterloo Community Schools. They were never conveyed to the Schools, and they have continued to be opened and maintained as public roads, and the City would like to return them to public right-of-way status. Therefore, staff recommends the Request by the City of Waterloo to vacate 0.27 acres of City owned right-of-way at East High School at 214 High Street and is located in the"R-3"Multiple Residence District, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area. 3. The request to vacate would allow for the City to return those segments of Vine Street and South Barclay Street not desired by Waterloo Community Schools to public right-of-way status and to keep vacated a portion of South Barclay Street that is currently used as a parking lot by East High School. Neighborhood Impact: The request to vacate would not appear to have a negative impact on the neighborhood. Data/Analysis and Strategies: Vacate Public Right-of-Way Expenditure Required/Source of None Funds: That portion of South Barclay Street lying north of Vine Street and south of Legal Descriptions: the Illinois Central Railroad (now Canadian National Railroad)property, subject to the retention of an easement for utilities over all. Page 163 of 394 City of Waterloo Planning, Programming and Zoning Commission May 11, 2021 —DAWSON ST--rM2 M_2 A-1 R=2;C-Z —RIEHL-ST o�G�Sr R-3 R-27C-Z �, 1R.3 ` QUINC Y ST UNITY SQ C-2,C-Z z Y Y CENTER ST ¢ Q WEBSTER ST—W M-1 (2 63 I a _I z ADAMS STco Z c~i� m C-1 C-2 R-2, W co LU R-2 C_Z = COTTAGE ST R-3 _ t , R-2, C-2 CtNY Z—CZ-SUMNER Sr W A F� LU L LU Q z—z O IEIDA ST—W \ z Q ° i o 0 g 0 ROBY LN n U W g R-2 �- z L7 R-4 m W ARGYLE_ST I I W WILLOW ST M-1 R-P - II SHI�L�MA VI =R-3� m R-4;C Z ALMOND ST ;_2 R_3 3 1_I ALBANY ST CMZ C-P PINE ST M-1 L-DOUGLASSTJ LIME ST �9T��G�eF C-2 VINE�ST M�`KING JR�R 63 � J ` ^y� �9�0 ��� GLENWOOD ST ¢— 'M-2 �`°s �P s� _ QPe �92� c-2 �n_2 °y C_3 `��' R-3 IND Pi �5� �5C-P I _ I C-1.L Cz1 5 COQ/��, l��� ��� �� z—co —COURTLAND ST M-1 z 3 z o M-1 k5x P \�� R-3,R-P R-3 J J'F0WLER QP tk R-4 R,3 . R-21C-Z C-3 � A-1 �p � C-2,C-Z 0 C-2L C-2 m 218 ��� M-2 MULBERRY ST— M-1 y ` co �� co � 5� C_2 !�^N GgFgyFT M_2 2 ARCHERI AVE- FT � ���� l T S O� � BUTLE I AVE C-2 �/� T��� M-1 RFS R-4 so2 M-1 � I— T / s� C:;1 N Unused Right-of-Way W .E Vacate s City of Waterloo 1,000 500 o ,.000 . . Feet Page 164 of 394 0 v 60 925 E 4TH ST- 160 1 xo;: _ • - : : 0 6 r H{{ k "\' r o� u cfl �7 � - �} }` .moil \.. `�• 3' 3 10 3 ALMOND ST 3 50, ,25 ' 25 25 25 25 25 ¢ 25 25 25 25' +� i �x AUDITOR 100 RAINBOW'S PLAT OFA:. #, r rr ti w• : '• ` 4 9 4 60 CASCADEN PLACE - Parcel 'A' 2 60 160 `•� � � .� - ��°. - . �h •; 4 ?'bq, .� ;ti� #ir. >> d• T ' �, I- w 0 3 30 1 N 25 25 25 25 25 25 25 25 25 25 25 25 25 25 _ A 5 829 E 4TH ST o { 2 Nf r� " 8 1 Z 3 N o n w rn o N M o n m " y �!. # SHILLIAM'S = ao w O {.. N SUB. N 6 N M M M M N O ri 3 y :! 73 30 50 50 50 N N N C\1 ti .rr{ 50 50 50 45 N 50 50MERRIMAN ST 3 _ ._ a� Parcel 'B' ' rl 104 44 66 60.4 a0 a0 50 { r-- i 7 r 1 50 50 43.5 3 72 132 38.3 - t•:.� . , f � � 50 50 �: �-� ,� �..`" �� � �� LU off, �ti 2 cD f ti 196,6' M w Z 2 ,I o Parcel 'C' ' 807,E'4- ST�� L0 C w N 3 m n o rn `x. o N r 32 n a 4 w n rn N 140 140 60 60 60 60 60 60 60 R 100 R 3300 ti n 4TH STf G � M 2 1 r t o n 5 cD �, Parcel 'D' - � ry i I_ �ti {:,,1 ' 97:5 :::; m rn O Co 60 160 •, , 6 t° 60.4 40.5 58 43.8 45 55 90 . y 50 110 Ilk, ti 7� rn 3 N f't PINE ST Parcel 'E' N - w ,,f .. 000 �r 50 50 120C, CD c ' ! v 60 160 N N f. ' k'M.. ti 31 - 4 140 140 ; U) t O r w fI'IIIr� u r } - Lo o cn w w - w z z 5 o 0 5 0 0 o,z a a n 6 cD m 5 0 # + M r; AOL _ 1 Parcel 'J' r+ ._ 190 i 156 ;,. '. 0 0 rn m � , } Y r.. a� 4 7 o O �r y F 330 330 . i .� }aVF l •l ... '..�� \ `,� T 1{ .,. ,,.w.,,,,,.n;. �,,. Parcel .I, -�. .--,. .r `'.•. ` .,,` r ;." n 3H�. 4 cD coy 3 8 0 � o o i Parcel 'F' co o O o v w m c 3 4 12 M o 3 330 - v... 330 1C f q.. U) L' Parcel 'G' f 1 W N n , - • - t - 1 = .. 2 ( 2 9 2 o N f 7!'• * n. tik_' 0 13 M. ti .l 10 cD m 1 14 r y. rc I 60 140 o. HARDY 156 r. K. &VIRDEN'S Y 160 140 140 140 �`• PLAT 60 60 60 60 60 60 70 86 17 - �- .stir 154 170 I- r LIME ST W LIME ST ti ' - J 170 26. 1 s. 35 - _- 4 {, u� . 112 38 100.3 u~i 629E MUN OER'S, 3 4TH ST rn M 140 140 140 140 60 60 60 60 60 55.6^ 55.6 55.6 55.6 �!" _ :r.•;, f *„ _ N �F6 SUB. 101.4 0 6271E M ui w 5 6 0 300 222.4 �O�s + 6 n N w 4TH ST N `� i 5 6 o r � 'w- . 1-10 � e 7 102.5 rn _ � _ } m z QO ^:� 5 S:139.5 OR Q ASO~ �O 619 E THS 82 i � N n N Cr- ., e.` .. o rn rn RICKER - co 80 h� \ 'off S, ,� 96.5 615,6171E o ems • `� &BRATNOBER'S 2r.. co v �'� Ri 4TH ST o m co 1 .., N 51.2 + , L �9 65.1 N m o 0 o COOLEY ADD. i yL G> , 8 co m roi 3 8 m o = o0 Co � Parcel 'L' M M ,� �' 21 o s .. Parcel 'M' = 1 _� �n ch 1►3 � � -'��'� 214 y �+ 60.1 150.3 • • H coD � � o o 102 l 2 � � AUDITOR FRANCIS' Parcel 'K' co cD 2 9 coo o 4 i HARDY&�VIRDEN 102 .Z 140 0 F 2 0 0I. PLAT N0T2 J9 ' 105 CD q �PJ� 00 N j 150 M i 00 N 04 Ln i 2 - AO 1 0 10 m coo 1 ° o s CO 5 coo 10 cD 1 � C) o rn o �O 112 140 140 140 O n O m 97 60 60 60 60 60 60 c' 6 T. jI -- �S �� 156 6 .06 60.06:' r82.5 O 110 40.04 0 _ + 60.06 O N 516 100 10 30.06 30 100 105 VINE ST � Parcel 'P' 309 21 Parcel 'N' * f g'"" _ � 1P. E ST 132 82.9 82.9 330 • - 100 46 94 120 y 5 0° 191 140 140 60 60 60 60 Al 60 60 156 O Parcel 'O' '�' a co 5 6 w h A 5 O �ij, OS 7 . 4 ,n N 7 g 4 Q KRAPFEL'S `D N 7 ch 2 W v rn J a N LU o � co �* U SUB. z � x o o � l •� �"�, - +f 700 Q o 8 m = I cn L 3 coD oo 2 AUDITOR FRANCIS' N = HARDYL&'�VIFZDEN c,) O_ y r - PLAT N0�2 (o = 1 - . �! r O - ;7• f f O 4 160 Ir o 00 1^ 7 -. wJ N M 04 rri 92 114F (D coo 132 82.96 82.96 w Lo - 6° 148.9 u' 4• Coo10 ' coD WATERLOO ti`s,. 0� o s•' O N 140� _ ' �"' JR�R - ".� sr h 60 60 60 60 60 60 � � � �• 156 �'� nIIL K Co cO ` coo w E ` �*" c7`�' 240 S O 60 30 0 60 Feet �C, ~ IL 92 10:6 7 7 MAPLE ST o # 'So Page 165.of 394 �o MANSON& °c� co° �3 ST ML KING JR DR 41.2 24. 24. 29.9 50.5 45.15 M v 108.4 32 AUDITOR RAINBOW'S � 17 COOLEY'S SUB. 6 4r--`�; '. O E 5TH PARK'S SUB. M LEEPER'S SUB. PLAT OF COOLEY;S.SUB. WATKIN'S SUB. 020®58 BLACK HAWK COUNTY IOWA:SS MISC Filed for record APR 4 2001 at INDEX 4:00 P.M. and recorded in Book 342 MARGIN C � MISC at Page 266 PROOF J� RECORDER COMPANt y �'� '� FEE 1-10.00/ . CITY OF WATERLOO ATTN: NANCY ECKERT This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4459 AN ORDINANCE VACATING A PORTION OF RIGHT-OF- WAY GENERALLY LOCATED ON VINE STREET BETWEEN HIGH AND LANE STREETS AND SOUTH BARCLAY STREET FROM MAPLE STREET NORTH TO THE RAILROAD RIGHT-OF-WAY, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows : Commencing at the Southwest corner of Block 76, Cooley Addition, Waterloo, Iowa; thence South 88048109" East along the Southerly line of said Block 76 a distance of 520 . 77 feet to the Southeast corner of said Block 76; thence North 00015108" West along the Easterly line of said Block 76 and an extension thereof a distance of 373 .27 feet to the Southwesterly right-of-way line of the Chicago Central & Pacific Railroad; thence South 49046149" East along said railroad right-of-way a distance of 43 .37 feet to the North corner of Lot 1, Auditor Francis' Hardy and Virden Plat No. 2 , Waterloo, Black Hawk County, Iowa; thence South 00015' 08" East along the Westerly line of Lots 1 through 6 of said Auditor Francis' Hardy and Virden Plat No. 2 a distance of 345 . 96 feet to the Southwest corner of said Lot 6; thence South 89024144" East along the Southerly line of Lots 6 through 11 of said Auditor Francis' Hardy and Virden Plat No. 2 a distance of 412 . 60 feet to the East .. corner of Lot 11 of said Auditor Francis' Hardy and Virden Plat No. 2 ; thence South 00035' 16" West a distance of 33 . 00 feet to the North line of Lot 15 of Part of Hardy and Virden' s Plat, Waterloo, Iowa; thence North 89°24'44" West a distance of 344 . 10 feet along the Northerly line of said Lot .15 and Lots 12 and 13 Auditor Francis' Hardy and Virden' s Plat No. 2 , Waterloo, Black Hawk County, Iowa and the Northerly line of Lot 5, Krapfel' s Subdivision to Waterloo, Iowa to a point on the North line of said Lot 5 that is 35 . 00 feet East of the Northwest corner of said Lot 5 ; thence South 79027150 West a distance of 51 . 83 feet; thence South 00015108" East parallel with and 16 . 00 feet normally distant from the Westerly line of Lots 2 through 5 of said Krapfel' s Subdivision a distance of 201 . 00 feet; thence South 89024144" East a distance of 16 . 00 feet to the Southwest corner of Lot 2 said Krapfel' s Subdivision; thence South 00015108" East along the Westerly line of Lot 1., of said Krapfel' s Subdivision a distance of 53 . 00 feet to the Southwest corner of said Lot 1 which is on the northerly line of Lot 14, Auditor Francis' Hardy and Virden Plat No. 2, Waterloo, Black Hawk County, Iowa; thence North 89124' 44" West along the Northerly line of said Lot 14 a distance of 16 . 00 feet to the Northwest corner of said Lot 14 ; thence South 00015108" East along the Westerly line of Lots 14 and 15, of said Auditor Francis' Hardy and Virden Plat No. 2 a distance of 72 . 00 feet to a point on the Westerly line of said Lot 15 that is 5 . 00 feet South of the Northwest corner of said Lot 15; thence South 88004' 24" West a distance of 50 . 02 feet to the Southeast corner of Block 82, Cooley Addition, Waterloo, Iowa; thence North 00015' 08" West e 1 394 �., PAGE Ordinance No. 4459 Page 2 along the Easterly line of said Block 82 a distance of 301 . 55 feet to the Northeast corner of said Block 82 ; thence North 88048105" West along the Northerly line of said Block ' 82 a distance of 520 . 35 feet to the Northwest corner of said Block 82 ; thence North 00035120" West a distance of 70 . 00 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The Southerly line of Block 76, Cooley Addition, Waterloo, Iowa is assumed to bear South 88048109" East; shall be, and the same is hereby vacated, with the City' s retention of an easement over, under and above the described parcel . INTRODUCED: March 5, 2001 PASSED 1st CONSIDERATION: March 5, 2001 PASSED 2nd CONSIDERATION: March 5, 2001 PASSED 3rd CONSIDERATION: March 5, 2001 PASSED SAND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 5th day of March, 2001, and approved by the Mayor on the 7th day of March, 2001 . John R. Roo Mayor 0 ATTEST: Nancy Ecker , City Clerk CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4459, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 5th day of March, 2001 . Witness my hand and seal of office this 7th day of March, 2001 . Nancy Ecke City Clerk SEAL J „ r° � a, GE M394 o'R.%>. 4459 CITY OF WATERLOO , IOWA WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION 715 Mulberry St. Waterloo, IA 50703 (319) 291-4366 Fax (319) 291-4262 • ' DON TEMEYER City Planner February 7, 2001 Honorable John R. Rooff, Mayor City Council Members City Hall Waterloo, Iowa CC)UNCII. Dear Mayor and Council: MiM131.ItS At the regular meeting of the Waterloo City Planning, Programming and Zoning Commission held on August 1, 2000 the request by the Waterloo Community School JOHN District to vacate right-of-way at the East High School campus generally described as: the N`lU(ZPI-IY right-of-way on Vine Street extending between High Street and Lane Street and S. W111411 Barclay Street extending from Maple Street north to the Railroad right-of-way. tiCC71"T JORu-)A\, ! The school bond referendum that passed in the fall of 1999 is enabling the Waterloo Community School District to make a series of improvements to East High School. The first phase of the improvements will involve the construction of a new cafeteria to the II:I:I:Y south of the school. This portion will not be constructed in the r-o-w to be vacated; the ANUHS Schools are merely seeking additional building space through the vacation. v a/d., DE130[Z.1t{ [ Please find attached a legal description and map showing the location of the right-of-way BEI?[:Y to be vacated, sold, and conveyed. An access and utility easement is to be retained above, I%�v-d 4 under, and upon the entire portion to be vacated, sold, and conveyed. 11AIZ13 The Planning Commission voted unanimously to recommend that the above street KKIZEK portions be vacated, sold, conveyed for$1.00,plus recording and publication costs. I'Vor,t Therefore, we would ask that the City Council set a date of public hearing and publish an official notice pertinent to the request to vacate, sell, and convey the requested public portion of right-of-way as described above and on the attached map and legal description. Should you have any questions,please do not hesitate to contact our office. t Sincerely, Noel C. Anderson Assistant City Planner Attachments cc:Eric Thorson City Engineer WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 168 of 394 Sheet 2 of 2 Description: Commencing at the Southwest corner of Block 76, Cooley Addition, Waterloo, Iowa; thence S 88048'09" E along the Southerly line of said Block 76 a distance of 520.77 feet to the Southeast corner of said Block 76; thence N 00015'08" W along the Easterly line of said Block 76 and an extension thereof a distance of 373.27 feet to the Southwesterly right-of-way line of the Chicago Central & Pacific Railroad; thence S 49046'49" E along said railroad right-of-way a distance of 43.37 feet to the North corner of Lot 1,Auditor Francis'Hardy and Virden Plat No. 2, Waterloo, Black Hawk County, Iowa; thence S 00015'08" E along the Westerly line of Lots 1 through 6 of said Auditor Francis' Hardy and Virden Plat No. 2 a distance of 345.96 feet to the Southwest corner of said Lot 6; thence S 89024144" E along the Southerly line of Lots 6 through 11 of said Auditor Francis' Hardy and Virden Plat No. 2 a distance of 412.60 feet to the East comer of Lot 11 of said Auditor Francis' Hardy and Virden Plat No. 2; thence S 00035'16" W a distance of 33.00 feet to the North line of Lot 15 of Part of Hardy&Virden's Plat, Waterloo, Iowa; thence N 8902444" W a distance of 344.10 feet along the Northerly line of said Lot 15 and Lots 12 and 13 Auditor Francis' Hardy and Virden's Plat No. 2, Waterloo, Black Hawk County, Iowa and the Northerly line of Lot 5, Krapfel's Subdivision to Waterloo, Iowa to a point on the North line of said Lot 5 that is 35.00 feet East of the Northwest corner of said Lot 5;thence S 79027'50" W a distance of 51.83 feet; thence S 00015'08" E parallel with and 16.00 feet normally distant from the Westerly line of Lots 2 through 5 of said Krapfel's Subdivision a distance of 201.00 feet; thence S 8902444" E a distance of 16.00 feet to the Southwest comer of Lot 2 said Krapfel's Subdivision; thence S 00015'08" E along the Westerly line of Lot 1, of said Krapfel's Subdivision a distance of 53.00 feet to the Southwest corner of said Lot 1 which is on the Northerly line of Lot 14, Auditor Francis'Hardy and Virden Plat No. 2, Waterloo, Black Hawk County, Iowa; thence N 89024'44"W along the Northerly line of said Lot 14 a distance of 16.00 feet to the Northwest comer of said Lot 14;thence S 00015'08" E along the Westerly line of Lots 14 and 15, of said Auditor Francis' Hardy and Virden Plat No. 2 a distance of 72.00 feet to a point on the Westerly line of said Lot 15 that is 5.00 feet South of the Northwest corner of said Lot 15; thence S 88004'24" W a distance of 50.02 feet to the Southeast corner of Block 82, Cooley Addition, Waterloo, Iowa; thence N 00015'08" W along the Easterly line of said Block 82 a distance of 301.55 feet to the Northeast corner of said Block 82; thence N 88048'05" W along the Northerly line of said Block 82 a distance of 520.35 feet to the Northwest corner of said Block 82; thence N 00035'20" W a distance of 70.00 feet to the point of beginning. The Southerly line of Block 76, Cooley Addition, Waterloo, Iowa is assumed to bear S 88048'09" E. Page 169 of 394 0 HIGH ST. N.00'35' V 303.29' 70.00' N 00'33'20' W m y y '9 2 "O Z Z m sU aq row m r w ` � P a �c m t9 I v o a (ppydd = 71 `gTF�Ff N pTt -I y ; s W m � i N 00'15'08' W 301.55' ~ ° 00' 5'08' W 373.27' S j Uo S. BARCLAY ST. - VACATED S. BARCLAY ST. - VACATED V4 qM c N 72.00' H ', 345,96' 00'15 08' E yv 00'15'08' E 201.00 ° rn b p r O 6 i oN 4c u `+ !`9 y '4y�r;�, tit ySZ 1- 9Gc ul Spey �1 C't m I N y by D g 0 CA � Z . • ( 4 a �S yTOO 6 b to N Wo c A :n `9T, U u o 22 c (bJ° 33.00' S 00'35'16' W O �- 3 U n f'i cml r ® a z p o i v �7D Ic ® W go3� $$ dM❑I ',k1Nnoo AIM NOV19 '❑❑- d31Vt '1S ,,V- VE[ 'S (INV '1S 3N I/ st Q31dOdA 3❑ lddc A3Aans j❑ iv-i. G0*L-2CB-61E VADI '001N31VA '3AIN0 390IN3NQ0N8 912 WMANG3 DNIi133NION3 AN3HJZ Page 170 of 394 ` 4 a m D / - 3 _ u \ m i m FT 18 G� Y 4m ® G ®HIGH STREET r- z , r ` m cn m— — m m m. i Page 171 of 394 I City of Waterloo Planning& Zoning Department 715 Mulberry Street, Waterloo,Iowa 50703 (314)241-4366 ❑ Offer to Vacate and Purchase City Right-of-Way 0 Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement ❑ Sale of City-Owned Property r_ Applicant: �� I V Address:—_�toto U@ hon No.: Email: General Description of Property to Vacated(i.e.-alley between A St. & B St., South of C St.): Legal description of area to be conveyed,vacated, or encroached: 1. A non-refundable filing fee(s)shall be made as follows(checks payable to City of Waterloo): • Right-of-way vacation---One Hundred Seventy Five Dollar($175.00)Filing Fee • Easement or sidewalk vacation--Seventy Five Dollar($75.00)Filing Fee • Encroachment--One Hundred Dollar($100.00)Filling Fee Sale of city-owned property not required to be vacated--No Fee • Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00)Fee 2. Offer Price*[Note:If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CUBA): • Costs(surveying&misc.,demolition,remove of curbs,etc): Asking price—Deductions=Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected,all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following ease hall be retained: 5. Other: Please p.av' Iitc'plan and/ r rial photo of the area to be vacated if the request involves additio a co ruct as the reaso or e request. Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 172 of 394 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as October 18, 2021, to approve a request by the City of Waterloo to sell and convey City owned vacated right-of-way near East High School at 214 High Street to the Waterloo Community School District for$1.00, with the retention of easements over portions of the areas to be conveyed, and instruct the City Clerk to publish notice. City Council Meeting: 10/4/2021 Prepared: 9/22/2021 ATTACHMENTS: Description Type ❑ 214 High Street overview map Backup Material ❑ application Backup Material ❑ 214 High Street aerial- vacated right-of-way Backup Material Resolution setting date of public hearing as October 18, 2021, to approve a request by the City of Waterloo to sell and convey City owned vacated right- SUBJECT: of-way near East High School at 214 High Street to the Waterloo Community School District for 51.00, with the retention of easements over portions of the areas to be conveyed, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted is a request to set the date of public hearing as October 18, 2021, to approve a request by the City of Waterloo to sell and convey City owned vacated right-of-way near East High School at 214 High Street to the Waterloo Community School District for$1.00, with the retention of easements over portions of the areas to be conveyed, and instruct City Clerk to publish notice. In the 1970's the City vacated several pieces of City owned right-of-way with the intention of conveying said right-of-way to the Waterloo Community School District. For reasons unknown, the conveyance of said vacated right-of-way never occurred. These pieces of former right-of-way are now being used as various parts of East High School's campus, including green space, parking lots, and baseball diamonds. Also, in 2001 the City vacated portions of Vine Street and South Barclay Street with the intention of conveying the area to the School District who planned to block off the roads and incorporate the area into their campus. However, the School District's plans changed and the vacated right-of-way was never conveyed. The City would now like to return Vine Street from High Street eastward and South Barclay Street south of Vine Street back to public right-of-way, as they have remained open for public use and are still maintained as public roads. The portion of South Barclay Street north of Vine Street will remain vacated. Page 173 of 394 Easements were retained on the appropriate parcels in the original vacates that need easements due to utilities, and a new easement will be retained for a future recreational trail across the property described as that part of Vine Street between the northeasterly line of Walnut Street and the westerly line of Fremont Street. The site has been zoned"R-3"Multiple Residence District since the adoption of the Zoning Ordinance in 1969. North— The Canadian National Railroad yard— M-1 Light Industrial District. South— East High School—"R-3"Multiple Residence District. East— The Canadian National Railroad yard—M-1 Light Industrial District. Summary Statement: West—Downtown Waterloo -"C-2" Commercial District and "C-3" Central Business District These vacate areas are not located in a flood plain as indicated by the FEMA Flood Insurance Rate Map No. 1900025 0189F The vacate area contains sanitary sewer and water mains. A utility easement will need to be retained over the entirety of the vacate area. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area., or on drainage. The vacate area is currently part of East High School's parking lot. The vacate area was originally vacated along with additional surrounding streets on March 5, 2001 in Ordinance No. 4459. the other surrounding streets that were vacated as part of Ordinance No. 4459 were planned to be blocked off and included in the East High School Campus Master Plan for access control of the site, but these areas are no longer desired by Waterloo Community Schools. They were never conveyed to the Schools, and they have continued to be opened and maintained as public roads, and the City would like to return them to public right-of-way status. Therefore, staff recommends the Request by the City of Waterloo to vacate 0.27 acres of City owned right-of-way at East High School at 214 High Street and is located in the"R-3"Multiple Residence District, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area. 3. The request to vacate would allow for the City to return those segments of Vine Street and South Barclay Street not desired by Waterloo Community Schools to public right-of-way status and to keep vacated a portion of South Barclay Street that is currently used as a parking lot by East High School. Neighborhood Impact: The request to sell the vacated areas would not appear to have a negative impact on the neighborhood. Page 174 of 394 Data/Analysis and Strategies: Sale and Conveyance of Vacate Public Right-of-Way Expenditure Required/Source of None Funds: 1. All of Pierce Street in Auditor Rainbow's Plat of Cascaden Place, except that part deeded to the Chicago, Central, and Pacific Railroad. 2. All of Cascaden Avenue in Auditor Rainbow's Plat of Cascaden Place 3. A certain tract or parcel of land situated in the Northeast quarter of the Northeast quarter of the Southwest quarter of Section twenty-four(24), Township eighty-nine(89)North, Range thirteen(13) West of the of the Fifth Principal Meridian bounded and described as follows, to-wit: Beginning at a point in the West line of the Northeast quarter of the Northeast quarter of the Southwest quarter of said Section twenty-four(24) fifty nine and one-half(59 %) feet North of the Southwest corner thereof, and extending thence North forty one and one-half(41 '/2) feet; thence Southeasterly parallel to the center line of the main track of the Dubuque and Sioux City Railroad to the South line of the Northeast quarter of the Northeast quarter of the Southwest quarter of said Section twenty-four(24); thence West a distance of seventy(70) feet More or less to the Northeast corner of Lot eight(8), in Block seventy-four(74) of Cooley's Addition to Waterloo; thence Northwesterly in a straight line to the place of beginning, containing one-tenth(1/10) of an acre, more or less. 4. That portion of Fremont Street described as follows: Beginning at the northeast corner of Lot 12, Block 3,Auditor Rainbow's Plat of Cascaden Place;thence south along the east line of said Lot 12 to the southeast corner of said lot;thence south along the east line of that portion of Fremont Street previously vacated and last described in Deeds Book 492, Page 636 to its intersection with the eastward extension of the south line of Block 3,Auditor Rainbow's Plat of Cascaden Place(said south line of Block 3 also being the north line of Pine Street as platted); thence east on the continuation of the eastward extension of the south line of said Block 3 to the west line of Block 74, Cooley's Addition; thence north along the west line of said Block 74 to the south line of Lot 1, Block 4 of Auditor Rainbow's Plat of Cascaden Place; thence west along the south line of said Lot 1 to the southwest corner of said Lot 1; thence north along the west line of said Lot 1 to the northwest corner of said Lot 1;thence west to the point of beginning. The property described above being the same property described in City of Waterloo Ordinance No. 2618 and filed in Miscellaneous Book 202 at Page 280, in the Black Hawk County Recorder's Office. 5. All that part of Pine Street, being 70 feet wide, as platted in the Cooley Legal Descriptions: Addition to Waterloo, Black Hawk County, Iowa, between the east line of East Fourth Street and the west line of Fremont Street, subject to the retention of an easement for utilities over all. 6. All of the alley, being 20 feet wide, as platted in Block 73 in the Cooley Addition to Waterloo, Black Hawk County, Iowa. 7. All that part of Fremont Street, being 70 feet wide, platted as Fifth Street in the Cooley Addition to Waterloo, Black Hawk County, Iowa, between the north line of Lime Street and the north line of Pine Street, subject to the retention of an easement for utilities over all except the easterly Page 175 of 394 6 feet in even width. 8. All of the alley in Block Seventy-four(74) Cooley Addition. 9. All that part of High Street lying north of Lime Street in Cooley Addition. 10. All that part of Lot No. 8, Block 75 in Cooley's Addition in the City of Waterloo, Black Hawk County, Iowa, lying southwesterly of a line from the Northwest corner to the Southeast corner of said Block 75. 11. The Southerly 90 feet of the alley, being 20 feet wide, as platted in Block 78 in the Cooley Addition to Waterloo, Black Hawk County, Iowa, subject to the retention of an easement for utilities over all. 12. All that part of Fremont Street, being 70' wide, platted as Fifth Street in the Cooley Addition to Waterloo, Black Hawk County, Iowa, between the north line of Vine Street and the south line of Lime Street, subject to the retention of an easement for utilities over all. 13. All of the alley, being 20 feet wide, as platted in Block 77 in the Cooley Addition to Waterloo, Black Hawk County, Iowa, subject to the retention of an easement for utilities over all. 14. All that part of Vine Street, being 70 feet wide, as platted in the Cooley Addition to Waterloo, Black Hawk County, Iowa, between the northeasterly line of Walnut Street and the westerly line of Fremont Street, subject to the retention of an easement for utilities and for the future construction of a public recreational trail over all. 15. The Northerly 60 feet of the alley, being 20 feet wide, as platted in Block 78 in the Cooley Addition to Waterloo, Black Hawk County, Iowa, subject to the retention of an easement for utilities over all. 16. That portion of South Barclay Street lying north of Vine Street and south of the Illinois Central Railroad (now Canadian National Railroad) property, subject to the retention of an easement for utilities over all. Page 176 of 394 City of Waterloo Planning, Programming and Zoning Commission May 11, 2021 —DAWSON ST--rM2 M_2 A-1 R=2;C-Z —RIEHL-ST o�G�Sr R-3 R-27C-Z �, 1R.3 ` QUINC Y ST UNITY SQ C-2,C-Z z Y Y CENTER ST ¢ Q WEBSTER ST—W M-1 (2 63 I a _I z ADAMS STco Z c~i� m C-1 C-2 R-2, W co LU R-2 C_Z = COTTAGE ST R-3 _ t , R-2, C-2 CtNY Z—CZ-SUMNER Sr W A F� LU L LU Q z—z O IEIDA ST—W \ z Q ° i o 0 g 0 ROBY LN n U W g R-2 �- z L7 R-4 m W ARGYLE_ST I I W WILLOW ST M-1 R-P - II SHI�L�MA VI =R-3� m R-4;C Z ALMOND ST ;_2 R_3 3 1_I ALBANY ST CMZ C-P PINE ST M-1 L-DOUGLASSTJ LIME ST �9T��G�eF C-2 VINE�ST M�`KING JR�R 63 � J ` ^y� �9�0 ��� GLENWOOD ST ¢— 'M-2 �`°s �P s� _ QPe �92� c-2 �n_2 °y C_3 `��' R-3 IND Pi �5� �5C-P I _ I C-1.L Cz1 5 COQ/��, l��� ��� �� z—co —COURTLAND ST M-1 z 3 z o M-1 k5x P \�� R-3,R-P R-3 J J'F0WLER QP tk R-4 R,3 . R-21C-Z C-3 � A-1 �p � C-2,C-Z 0 C-2L C-2 m 218 ��� M-2 MULBERRY ST— M-1 y ` co �� co � 5� C_2 !�^N GgFgyFT M_2 2 ARCHERI AVE- FT � ���� l T S O� � BUTLE I AVE C-2 �/� T��� M-1 RFS R-4 so2 M-1 � I— T / s� C:;1 N Unused Right-of-Way W .E Vacate s City of Waterloo 1,000 500 o ,.000 . . Feet Page 177 of 394 City of Waterloo Planning& Zoning Department 715 Mulberry Street, Waterloo,Iowa 50703 (314)241-4366 ❑ Offer to Vacate and Purchase City Right-of-Way 0 Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement ❑ Sale of City-Owned Property r_ Applicant: �� I V Address:—_�toto U@ hon No.: Email: General Description of Property to Vacated(i.e.-alley between A St. & B St., South of C St.): Legal description of area to be conveyed,vacated, or encroached: 1. A non-refundable filing fee(s)shall be made as follows(checks payable to City of Waterloo): • Right-of-way vacation---One Hundred Seventy Five Dollar($175.00)Filing Fee • Easement or sidewalk vacation--Seventy Five Dollar($75.00)Filing Fee • Encroachment--One Hundred Dollar($100.00)Filling Fee Sale of city-owned property not required to be vacated--No Fee • Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00)Fee 2. Offer Price*[Note:If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CUBA): • Costs(surveying&misc.,demolition,remove of curbs,etc): Asking price—Deductions=Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected,all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following ease hall be retained: 5. Other: Please p.av' �itc'plan and/ r rial photo of the area to be vacated if the request involves additio a co ruct as the reaso or e request. Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 178 of 394 - - ip }r; ;IF ` r1 Alp, rw_ Ilk- a �? r _ _ k AW I 1. - • •• CITY OF WATERLOO Council Communication Resolution approving request of Richard Judas for a waiver for a concrete driveway, located at 1212 Bauch Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right- of-way on an unimproved street. City Council Meeting: 10/4/2021 Prepared: 9/21/2021 ATTACHMENTS: Description Type ❑ DW Waiver 1212 Bauch St Backup Material Resolution approving request of Richard Judas for a waiver for a concrete SUBJECT: driveway, located at 1212 Bauch Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. Summary Statement: 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Legal Descriptions: ALADDIN ADDITION LOT 15 BLK 2 LOT 16 BLK 2 Page 180 of 394 i WAIVER l �j Date: 0 L � - f I Honorable Mayor and City Council City Hall Waterloo, lA 50703 Council Persons: I hereby request a waiver to the drive ay and sidewalk specifications for the construction of a ce'Ac Pe--Tc-c_ driveway or sidewalk located at concrete or asphalt) �1 �1GL1 I ef- (Address) This waiver is needed because of.- special f:special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick), r elimination of the sidewalk section due to the inability to meet the grade requirements, elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk an City right-of-way on an unimproved street. � ) Other: F i I agree to the following: fi 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. Z To remove and replace the private driveway, as needed,to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. a i 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project, s l 4. To employ a bonded contractor who shall obtain a-permit from the office of the City Engineer. i 5. To have the driveway constructed according to the specifications and policies of the City 1 Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7,00) for the purpose of recording this agreement. Respectfully submitted, 'L_5 Printed Name of Property Owner Signature of Properly O er 3 Page 181 of 394 CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net increase of$14,596.97, for Peterson Contractors, Inc., in conjunction with the FY 2020 Newell Street RISE Project, Contract No. 991, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/4/2021 Prepared: 9/22/2021 ATTACHMENTS: Description Type ❑ Final Quantity Summary Backup Material Motion approving Final Quantity Summary for a net increase of$14.596.97, SUBJECT: for Peterson Contractors. Inc., in conjunction with the FY 2020 Newell Street RISE Project, Contract No. 991, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Matt Schindel Associate Engineer This is the accumulated amount of adjustments from original to final Summary Statement: quantities that were determined necessary during the construction of the project, which results in a net increase to the total project cost. Page 182 of 394 CITY OF WATERLOO,IOWA FINAL QUANTITY SUMMARY PROJECT: FY 2020 Newell Street RISE Project -; CONTRACT NO. 991 Date Prepared:.. September 1, 2021 AMOUNT: $ $14,596.97 INCREASE TO: Peterson Contractors Inc. Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated June 8,2020. A. Description of change to be made or extra work to be done: Adjust original construction quantities to actual construction quantities B. Reason for ordering change or extra work: As-built quantities varied for some bid items C. Settlement for cost of work to be made as follows: Compensation already made to Contractor through bid items See attached summary Total Net Increase $14,596.97 CITY OF WATERLOO BY: Peters Contractors Inc. Mayor Date C TRAC R l B Date ATTEST: PRINTED NAME: co(dell City Clerk Date TITLE: APPROVED: a. 1/ City Engineer Daie Page 183 of 394 FY 2020 Newell Street RISE Project RM-8155(760)-9"7 Fina$01jan(ity Summary Urn nbad Udt 1 Total Change Change Ilam No. Deacd 'on Unite 0-fty Pdu OuanS Oua - Amount 1 Excavation,Class 10,ReedwayAnd eonow CY 8,515.00 $3.00 8,515.00 0100 $ - 2 Topsoil,Spread CY 2,-50,90 $2.50 2,150.00 0.00-f-- 3 ToPsoll,Ship And Slo"Ie CY 2,150.00 $2.50 2,150.00 0.00 f - 4 6ubgrads S-aHiledon M41erink Polymer OddSV 6.260.00 ;2.50 6,260.00 0.00 $ 5 Modified Subbase.6'FNek" CY 2,220.€10 $36.00 2,214.84 5,18 $ (155.78) S Shouldet Fn°sNn9.Earth STA 24.60 $225.001 24.80 0.001 d - 7 IStandaid Or Sip Form Portland Cement Concrete Pavemonl,Class C.Class 2 Durabllty,0In. 6Y 5,712.70 $41.521 5,7305 2135 $ €123.82 8 Surfed g,Driveway,Class ACruahetl StenoTON 25.00 $40.00 27.55 2.55 ; 102.00 9 Rem6yal Of Sign EACH 2.00 3150.00 2.00 0.00 3 10 Aprons,Concrete,181n D're. EACH 1.00 $1.600.00 1.00 0.00 ; 31 fon,Low Clearance COW81e,Equfvalant Diameter 301n. EACH 2.00 $2,200.00 2.00 0.00 S - 12 Culvert,Low Cleerenca Concfele Enhance Pipe,Equhelenl Diameiar 301n. LF 70.00 $130.00 70.00 0.00 $ 43 Manhole,Stun Sewer.$W.40f.481n.' EACH 0.00 ;2,800.00 - 0-QQ $ 14 Intake,SW-541 EACH 7.06 L5.300.00 300 0.00 S - 15 Intake Ea[eruFon Urrl,5W542 EACH 4,00 52.060.00 4.00 0.00 T 76 Intake,SW-U5,LO.17 EACH 1.00 $5.800.00 1.00 0.00 f - 17 Manhole Adjustment,Mayer EACH 1-00 $2,000.00 1.00 0.06 ; - t$ Subdrcia,Longkudnal,(Sheufder)B In.Ma. LF 2.117.00 $7.351 2,117.00 0.00 f - iB Sutdrdn Riser,6ln.,AS Per Pian EACH 4.00 $450.001 4.00 900 $ - 20 SuIxImn OtAK DR-303 EACH S.00 S400.00 6.00 0,00 S 21 Storm Sewer Gravity Mdn,Trenched,Reinlafcad Comate Pipe(RCP),2000D(Class 118.15 In LF 452.00 ;56.00 452.00 0.00 S - 22 Storm Sewaf Gravity Main,Trenched,Reinlorwd Concrete Pipe(RCP),2000D(Choc 1-14.18 In LF 178.09 558100 178,00 0,00 f 23 Remove Storm Sewer Pipe Lass Than Oi Equsl To 38 In. LF 155.00 512.00 155.00 0.00 $ - 24 Rmel"Al.Close E TON 47.20 342.00 127.38 60.10 $ 3,367.66 25 Removaf Of Pavement 3Y 1.311.00 $3.75 31311.00 0.00 S - 2$ Safety Chwre EACH 2.00 $100.00 2.00 0,00 3 - 27 Pafnled Pavamenl Marlong,Walarboms Or S.Henl$aaed STA 13.85 $75.00 13.95 O.Oa $ - 28 Painted Symbols And Legends,Preform Theameptasbc"' EACH 0.00 $490.00 - 0.00 f 29 Italic Control LS 1.00 $3.000.00 1,00 0.00 S - 30 Mobilization - LS 1.00 $53,000.00 1.0o 0.00 $ - 31 Water Main.Trenched,D-610 Iran Pipe(DIP).161n, U $66.00 5108.00 606.00 38.00 $ 4,104.06 32 Fre Hydrant Assam* EACH 1.00 $8,00000 1.00 0,00 f 33 Removal Of The Hydrant Assembly EACH 1.00 3[.500.00 100 0.00 S 34 Instal 18 in.Gale Valva(DIP) EACH 3.00 $7.200.00 1.00 a00 S - 35 Remove And Reinstall Fence Gale EACH 1.00 $1,000.00 1.00 0.00 ; - 36 Ram6yal Of Wat lmala LF 500.00 $7,00 500.00 0.00 S - 37 Spedal arch control.wood ExwWOI MAI SO 112.00 616.09 Iot.60 -7aA0 f 1168.40) 39 IMulchina,Wood Ceaolase Fl.bar ACRE 2.13--S1-7-60-0-or-3 54 1.41 $ 2,467.50 la Seeding And FeWlIzing(Ruraly ACRE 1.46 $1.27S.001- 3,36 1.90 112,422.50 4p Seeding And Feibixln6(Urban) ACRE 0.87 $1,900.00 0.14 .0.53 $ (1,007,00) 41 Sik Fence LF f.033.00 sl.751 3.292.00 $41.00 S (1,121.75) 42 SII Fence For Wets Checks LF 199.00 $4,95 258.00 59,00 $ 29205 43 Rem.yal Of Si11 Fence Oi SiN Fanw For Ditch Checks 4.F 2,132.00 $0.35 711.00 -1421.00 S (407.35) M Mal Men ante Of VII Fence Or SIR Fenw For Ditch Cheok tP 2,132.00 30125 - ,2132.00 $ (533.00) 45 Stabilized ComIrueean Entrance.EC.303 LF 100.00 347.50 - 100.00 S (4.756.00) 46 Open•Throsl Curs Intake$odment FISer,EC-602 - LF 40.00 $13.50 41.06 -5.90 S (57.50) 47 Maintenance Of Open7lveal Curbfalake Ssdmenl Filer EACH 4.00 525.00 - 4.00 f (100.00) 48 Removal Of Open Thenal Curb Intake$aaimenl Fllter EACH 4.00 $50.06 4.00 - 49 Mobilizations.Erosion Corral EACH 4,00 3506.00 19.00 15.00 S 7,500.00 TOTAL CHANGE BASE BIO ITERS f 12756.37 C.O.41 R"k Check Dam LF 80 525.00 04.00 24- S 8 Removal of Rock Check Dam F-ACH 3 ;200.00 3.00 0.06 $ - OTAL CHANGE CA,Mt ; 300.06 C.O.02 Remove end Rdnmal Concrete Pope Apron Lass than 36' EACH _ 1 ;2,120,00 1.00 0.96 3 enm e,Slone Sewer,54W0f,48 in.,Ni06SW$O1C Cover FACH f $3,850.00 1.00 0,00 S - Storm Sewer Gra+nly Mdn,Trenched,Reinfoiesd Concrete Pipe(RCP),20090(C€w€IIy.24In LF 326 379.20 326.00 0.00 3 - TtlTALCHANGE C.O.02 $ C.O,03 Excavation Ciass 10,ROldlva and nonow CY 7 110 56.00 1,110.00 0.00 TOTAL CHANCE 0.0.t3 $ CA/4 painted S mbek end Le ends,Waterborne or Solvent EACH 3 $732.00 3.00 0.00 TOTAL CHANGE C.0.84 f C.O.0 Excayabon.Class 10 CY 12$ 626,00 128,60 0.00 3'Macedem Slone,6'Daplh SY 33.4 44B.00 33.40 0.00 ; - Hydro Seed.Forbize and Mulch-T 1 0.0 6.05 $22.00600 0.101 0.05 f 1,100.00 Straw Wattle-Instal,Mdnidnand Remove LF 209 $17.76 219.90 19,00 3 148.30 TOTAL CHANGE C.O.QTS 3 1,243.30 TOTAL INCREASE 14 896,07 Base Con",4 P4ce $634,704.80 W.,.m 12 S28,173.20 3 548620.0045mma $14596.97 ..n.t ;731,038.17 ematas e41$9.26 Relelna a 336,551.91 TOW Pad Contractor 5711,39,1 Peg.1 of 1 Page 184 of 394 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of$731,038.17, in conjunction with the FY 2020 Newell Street RISE Project, Contract No. 991, and receive and file a two-year maintenance bond. City Council Meeting: 10/4/2021 Prepared: 9/22/2021 ATTACHMENTS: Description Type ❑ Cont 991—Maintenance Bond Backup Material Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors. Inc., of SUBJECT: Reinbeck, Iowa, in the amount of$731,038.17, in conjunction with the FY 2020 Newell Street RISE Project, Contract No. 991, and receive and file a two-year maintenance bond. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Peterson Contractors, Inc. has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2)years from the date of the acceptance of the work under said contract. Implementation,Accountability, and Communication: Page 185 of 394 MAINTENANCE BOND Bond No. 107244166 KNOW ALL MEN BY THESE PRESENTS: 'Thant, Peterson Contractors,Inc. of Reinbeck,Iowa as Principal,and the Travelers Casualty and Surety ompany of America as Surety, Are held and firmly bound unto City of Waterloo,Iowa in the penal sum of Seven Hundred Thirty-one Thousand Thirty-eight And 17/100 (S $731,038.17 ) Dollars,lawful money of the United StAtes of America,for the payment of which,well and truly to be made. the Principal and Surety bind themselves,their and each of their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these piuogu, Whereas,the said Principal entered into a certain contract.with City of Waterloo,Iowa To furnish all the material and labor necessary for the construction of FY 2020 Newell Street RISE Project,RISE Project,Contract No.991;Waterloo,IA in Waterloo,Iowa In conformity with certain specifications;and Whereas,a furiber condition of said contract is that the said Principal should furnish it bond in indemnity,guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of Two(2) years from the date of acceptance of the work under said connect;and Whereas,the said Travelers Casualty and Surety Company of for a valuable consideration, has agreed to.join with said Principal in such bond or guarantee,indemnifying said City of Waterloo,Iowa Now,therefore,the condition of this obligation is ouch,that if the said Principal shall,at his own cast and expomc.mmodv anv and all defects An may develop in said work within the period of Two(2) 1 yam front the daw of acceptance of the work under said contract,by reason of bad workmanship or poor aleatoric used in ft comMuction of said work,and:heli keep all work in oontiauous good repair during said period,and shall in all other respects,comply wept all an Wma and conditions of said contract vrith respect to malrueaanee and rVair of said work,then this obligation to be null and voidl adwwlas to be and remain to fbll focee aced virtue In law. In Where:: wAereof, M have honwallo at one ha vis and scats this 14th day of September 92021.w Pete tractors,Inc. i 4. Travelers as alty and Surety Company of America ety Y An owner Page 186 of 394 Travelers Casualty and Surety Company of America .A► Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Anne Crowner of WAUKEE , Iowa , their true and lawful Attomeys)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021, COOL Statgof Connecticut By: '44ae City of Hartford ss. Robert L.Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2026 Z10 aAnna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation Is In writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Companys seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed In his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it Is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 14th day of September 2021 J • ' � ` 6t/ er Kevin E.Hughes,Ass tent Secretary To verily the audhendcity of this Power ofAttomey,Please call us at 1-800,4213880. Please refer to the above-namedAttomey(s)-in-Factand hhe details offhe bond to which dhls PowerofAttorn is attached. Tage 187 of 394 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Matthew Gilbert DBA as Rethink Iowa, LLC, in conjunction with the Historic Walnut Street/Faith Temple Building Community Forum, to be held on October 16, 2021 from 5:00 p.m. to 10:00 p.m, at 415 Walnut Street, including live music, the use of a PA system and visual projections. City Council Meeting: 10/4/2021 Prepared: 9/28/2021 ATTACHMENTS: Description Type ❑ Noise Variance Request Backup Material Resolution approving Variance to Noise Ordinance request from Matthew Gilbert DBA as Rethink Iowa. LLC, in conjunction with the Historic Walnut SUBJECT: Street/Faith Temple Building Community Forum, to be held on October 16, 2021 from 5:0012.m. to 10:00 p.m. at 415 Walnut Street, including live music, the use of a PA system and visual projections. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 188 of 394 APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: { �r.�w ` 1 b� f �} kT c LLC APPLICANT'S ADDRESS: c�rj PC r X vIe uj e,�e�c�� T14 APPLICANT'S PHONE#: S QL4 - �,( ss- ANTICIPATED DATE OF VARIANCE: Sc - NAME OF EVENT: l soy c'C. (3 W i t TIMES OF DAY OF VARIANCE: 1 116 S GEOGRAPHICAL LOCATION OF VARIANCE: S wc� �- s vi C% -eV' DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: (jam PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. �a ✓ c' KI Inv v EQ-kK -- -.. �os��. out ��a►mss..._ 'wl L1.�. �u.s�`� 1 �� l �1���,��i���� Applicant's Signature Date CITY COUNCIL ACTION: Police Dept_ Recomm ndati APPROVAL: APPROVAL: DENIAL: c DENIAL: DECIBEL LEVEL: Ace Page 189 of 394 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Matthew Gilbert and Dana Potter, in conjunction with the Walnut Neighborhood Association Light Show event, to be held on October 16, 2021 from 4:00 p.m. to 10:00 p.m, at 415 Walnut Street, including speakers and visual projections. City Council Meeting: 10/4/2021 Prepared: 9/28/2021 ATTACHMENTS: Description Type ❑ Noise Variance Request- Light Show Backup Material Resolution approving Variance to Noise Ordinance request from Matthew Gilbert and Dana Potter, in conjunction with the Walnut Neighborhood SUBJECT: Association Light Show event, to be held on October 16, 2021 from 4:00 p.m. to 10:00 p.m. at 415 Walnut Street, including sneakers and visual projections. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 190 of 394 APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: • ,t.yl�l c �� j , APPLICANT'S ADDRESS: fa7 ��� s�'Yt � Wi�` �����TA APPLICANT'S PHONE #: ANTICIPATED DATE OF VARIANCE: U! NAME OF EVENT: 0'4"VA W "i Lw1t TIMES OF DAY OF VARIANCE: GEOGRAPHICAL LOCATION OF VARIANCE: DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. 2. p Q Page 191 of 394 CITY OF WATERLOO Council Communication Motion approving Change Order No. 19 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of$249,311, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting: 10/4/2021 Prepared: 9/22/2021 ATTACHMENTS: Description Type ❑ Change Order#19 - 5 Bros Addition Reno Backup Material Motion approving Change Order No. 19 with Cardinal Construction, Inc., SUBJECT: of Waterloo, Iowa, for a net increase of$249.311, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: COR (PR19)Furnish and install a catwalk through the existing high truss roof. Page 192 of 394 !VAIA Document G i 0 T — 207 Change Order PROJECT:(Name acrd address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Five Sullivan Brothers Convention Center Contract For:General Construction Change Order Number 019 Addition and Renovation,Waterloo,IA. Project No:20-23943 Date:September 08,2020 Date: September 20,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Nasse and address) City of Waterloo I&S Group,Inc.(ISG) Cardinal Construction.Inc. 715 Mulberry Street 3 l4 East 4th Street 1246 Martin Road Waterloo,1A 50703 Waterloo, IA 50703 Waterloo,IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the cha71ge and,if applicable,attach or reference spec{fu,exitibits.Also include agreed upon adjustments attributable to executed Construction Change Directives) A. COR(PR19): Furnish and install a catwalk through the existing high truss roof as described....................................................................$249,311.00 Pricing to furnish and install a catwalk through the existing high truss rooj'described belf)w Salvage 6x9 beams that were removed from the high truss roof.These members will be fabricated and installed as the T-6"pieces that will run perpendicular to the building.These memebers will be welded to the existing structure on one side and supported by angle iron hanging from above structure on other side. Two new 6x9 beams will span the t2'between each truss.These will be welded top flange to top flange. Angle iron will be installed over the above mentioned structure to create a toe kick around the perimeter of the building. 2'-6"wide bar grate will be installed inside of the above mentioned angle iron around the perimeter of the building.(Corners will not connect) A 1/2" diameter rod will be welded to the existing vertical members of the truss around the perimeter of the building to create tie off locations along the entire length of the catwalk Roof frames will be added at the 4 cornets of the building to support new roof hatches that will be flashed into the existing roof membrane. Ladders will be installed at each of the 4 roof hatch locations to provide access to the newly installed cat walk.. Lead time/fabrication time will be approx.8 weeks. We will need 8 weeks to install once material is on site.The translucent panels will take 8 weeks to install once the catwalk is complete. TOTAL AMOUNT OF THIS CHANE ORDER,ADD TO CONTRACT SUM$249,311.00. Note: Contractor is requesting additional 24 weeks from the date of approval. This allows 8 weeks for lead time of materials and fabrication,8 weeks for installation of the catwalk and 8 weeks to install the translucent panels. The original Contract Sum was $ 5,516,300.00 The net change by previously authorized Change Orders $ 152,803.30 The Contract Sum prior to this Change Order was $ 5,669,103.30 The Contract Sum will be increased by this Change Order in the amount of $ 249.31 1.00 The new Contract Sum including this Change Order will be $ 5,918,414.30 The Contract Titnc will be unchanged by Zero(0)days. The new date of Substantial Completion will be August 13,2021. AIA Document G701"—2017.Copyright©1979,1987,2000,2001 and 2017 by The American Instituto of Architects.All rights reserved. rhe"American Inslitute of Archilecls""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 14:59:13 ET on 09/20/2021 under Order No.9281462824 which expires on 07/12/2022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail copyright@ala.org. User Notes: (3139ADA51) Page 193 of 394 NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and tune have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. T&S Group,Inc.(TSG) 441 1 Construction,inc. City of Waterloo ARCHITECT(Firm name) C CTOR(Firer name) OWNER(Firm name) SIGNATURE sibAATURE SIGNATURE Nathan Compton,Architect Katy Susang,President Quentin Hart,Mayor PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE September 20,2021 September 20,2021 DATE DATE DATE AIA Document G701"-2017.Copyright©1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Dccuments"are registered trademarks and may not be used without permission.This document 2 was produced by AIA software at 14:59:13 ET on 09120/2021 under Order No.9281462824 which expires on 07/1212022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentO Terms of Service.To report copyright violations,e-mail copyrighl@aie.org. !User Notes: (399ADA51) Page 194 of 394 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 with Lodge Construction, Inc., of Clarksville, Iowa, for a net increase of$47,885, in conjunction with the FY 2021 Westdale Bioswale, Contract No. 997, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/4/2021 Prepared: 9/22/2021 ATTACHMENTS: Description Type ❑ Signed Change Order#1 Backup Material Motion approving Change Order No. 1 with Lodge Construction, Inc., of SUBJECT: Clarksville, Iowa. for a net increase of$47,885, in conjunction with the FY 2021 Westdale Bioswale, Contract No. 997, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Recommended Action: Approve change order. Increase in contract to complete landscaping of the project and install Summary Statement: signage. Due to a lack of bids for the landscaping plans for the Westdale Bioswale contract, the landscaping items are being added to the base contract. Implementation,Accountability, and Communication: Page 195 of 394 CITY OF WATERLOO IOWA CHANGE ORDER No. 1 PROJECT: F.Y. 2021 WESTDALE BIOSWALE CONTRACT NO. 997 Date Prepared: September20,2021 AMOUNT: $47,885.00 INCREASE TO: LODGE CONSTRUCTION INC. , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated July 6, 2021, A. Description of change to be made or extra work to be done: Increase in contract to complete landscaping of the project and install signage. B. Reason for ordering change or extra work: Due to a lack of bids for the landscaping plans for the Westdale Bioswale contract, the landscaping items are being added to the base contract. C. Settlement for cost of work to be made as follows: Bid Item Item Description Unit Qty.Incr. Bid Price Item Price 1000 Turf Reinforcement Mat(TRIM) SQ YDS 50 $ 23.00 $ 1,150.00 1001 Rip Rap Stone TONS 10 $ 75.00 $ 750.00 1.002 Erosion Control Mat SQ YDS 100 $ 6.00 $ 600.00 1003 Intake Protection Maintenance EACH 4 $ 250.00 $ 1,000.00 1004 Seeding-Native Grass ACRES 0.57 $ 6,000.00 $ 3,420.00 1005 Seeding- Pollinator Mix ACRES 0.6 $ 6,000.00 $ 3,600.00 1006 Seeding-Urban Seeding ACRES 0.31 $ 7,500.00 $ 2,325.00 1007 Seeding-Wetland Mix ACRES 0.25 $ 9,000.00 $ 2,250.00 1008 Sodding SQ FT 7430 $ 1.25 $ 9,287.50 1009 Tree-Thornless Common Honeylocust EACH 2 $ 600.00 $ 1,200.00 1010 Tree- Bur Oak EACH 5 $ 600.00 $ 3,000.00 1011 Tree-Silver Maple EACH 2 $ 500.00 $ 1,000.00 1012 Tree-Prairie Rose Crabapple EACH 3 $ 500.00 $ 1,500.00 1013 Signage for Practices-Posts and Hardware EACH 8 $ 315.00 $ 2,520.00 1014 Signage for Wetlands- Posts and Hardware EACH 14 $ 315.00 $ 4,410.00 1015 Large Post to Delineate Wetland Area EACH 13 $ 500.00 $ 6,500.00 1016 Snow Fence Removal LIN FT 1295 $ 1.50 $ 1,942.50 1017 12" Dia. Field Tile LIN FT 20 $ 16.00 $ 320.00 1.018 Field Tile Rodent Protection EACH 1 $ 110.00 $ 110.00 1019 Sanitary Manhole Additional Materials EACH 2 $ 500.00 $ 1,000.00 Total Increase $47,885.00 Change Order No. 1 Contract No. 997 Sheet 1 of 2 Page 196 of 394 i BY: LODGE CONSTRUCTION INC. Mayor Date CONTRACTOR BY: ! �` Date TITLE: ATTEST: City Clerk Date APPROVED: fity Engineer Dat Change Order No. 9 Contract No. 997 Sheet 2 of 2 Page 197 of 394 CITY OF WATERLOO Council Communication Motion approving Change Order No. 10 from WRH of South Amana, Iowa, for a net increase of$9,160, in conjunction with the Satellite Wet Well Rehabilitation Project, Contract No. 907, and authorizing the Mayor to execute said documents. City Council Meeting: 10/4/2021 Prepared: 9/15/2021 ATTACHMENTS: Description Type ❑ Change Order No.10 Backup Material Motion approving Change Order No. 10 from WRH of South Amana, SUBJECT: Iowa, for a net increase of$9,160, in conjunction with the Satellite Wet Well Rehabilitation Project, Contract No. 907, and authorizing the Mayor to execute said documents. Submitted by: Submitted By:Brad ManahL Treatment Operations Supervisor Recommended Action: Approve Change Order No. 10 for WRH Satellite Wetwell Project. Expenditure Required/Source of$ 9,160.00 Funds: Sewer funds Page 198 of 394 AECOM AECOM 319-232- 1 fel 501 Sycamore Street 319-232-0270271fax Suite 222 Waterloo,Iowa 50703 www.aecom.com September 15, 2021 Mr. Randy Bennett Waste Management Services 3505 Easton Avenue Waterloo, Iowa 50702 Subject: Change Order No. 10 Satellite Wet Well Rehabilitation Waterloo, Iowa City Contract No. 907 AECOM #60488465 Dear Mr. Bennett: Enclosed please find Change Order No. 10 for the above-referenced project. This change order includes the following: Additions: • Cut& Replace Floor Drain • Core Drill & Replace 8" Flange & Plain End Spools It is recommended to move forward with this Change Order No. 10 in the net amount of$9,160.00. If you have any questions or need additional information, please let us know. Thank you. Yours sincerely, -0 Ginger I. L'Heureux, PE Enclosure: As Noted ZAWaterloo-USWAT 1\Legacy\Projects\60488465\600_Construction_Support\670_Change-Orders\2021-09-15 CO #10 - Trnsmtl Waterloo Satellite Wet Well Rehab.docx Page 199 of 394 CHANGE ORDER NO. 10 Owner: City of Waterloo Date: September 14,2021 Project: Satellite Wet Well Rehabilitation Owner's Contract No.: 907 Contractor: WRH,Inc. Date of Contract Start: $ Original Contract: $1,839,380.00 You are directed to make the following changes in the Contract Documents. Description: Additions: • An existing floor drain has been deteriorated from the conditions within the wet well. Discussions with the City and the Engineer determined that cutting, removing what is left of the existing drain and replacing it with an appropriate drain and trap would be necessary. Cut&Replace Floor Drain=$2,933.00 • A deteriorated 8"wall pipe is unusable. Core drill and replace(1)8"Flange and Plain End Spools and install Link-Seal and Grout following installation. The existing pipes will be disassembled and reassembled in the basement of the Satellite Wet Well Valve Vault on the back side of the Satellite Wet Well. Core Drill&Replace 8"Flange and Plain End Spools=$6,227.00 TOTAL ADDITIONS: $9,160.00 TOTAL DEDUCTIONS: (0.00) NET CHANGE ORDER AMOUNT: $9,160.00 Reason for Change Order: This change order will remove the existing corroded and deteriorated pipes and other components within the Satellite Wet Well improving the safety, effectiveness,and reliability of the wet well. The floor drain will be replaced and improved. The wall pipe will be replaced with a flange and plain end spools. These areas were not accessible for evaluation prior to the beginning of construction,but it was known these were potential and likely additions to the project. CONTRACT PRICE CONTRACT TIMES(Calendar Days) To Substantial To Final Completion Completion Original: $ 1,839,380.00 Original: Previous C.O.s(ADD/DEDUCT): $ 407,874.00 Previous C.O.s(ADD/AE WGT): 21 This C.O.(ADD/BEB616T): $ 9,160.00 This C.O.(ADD/DEDUCT): 2 Contract Price With All Approved Change Orders: $ 2,256,414.00 REVISED: Original Completion Date: October 1,2019 Revised Completion Date: To Be Determined It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s)ordered herein,including all impact,delays, and acceleration costs. Other than the dollar amount and time allowance listed above,there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO APPROVED: By: City of Waterloo(Authorized Signature) Date: ACCEPTED: G�ZN�✓'_ � , �� Z , By: WRH,Inc.(Authorized Signature) Date: AECOM 60488465 10 Project No. Change Order No. Pagel ofl. Z:\Waterloo-USWATi\Legacy\Projects\60488465\600_Construction_Support\670_Change-Orders\2021-09-14-CO#10-Satellite Wetwell-WRH.doc Page 200 of 394 CITY OF WATERLOO Council Communication Motion approving Change Order No. 3 with Cardinal Construction Inc., of Waterloo, Iowa, for a net increase of$2,604, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting: 10/4/2021 Prepared: 9/9/2021 ATTACHMENTS: Description Type ❑ Change Order#3 - 5 Bros 2nd Floor Reno Backup Material Motion approving Change Order No. 3 with Cardinal Construction Inc.. of SUBJECT: Waterloo. Iowa, for a net increase of$2,604, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: COR (PR 02): Cost for drywallpatching& 6" vinyl base. Page 201 of 394 AIADocument G701 2017 Change Order PROJECT:(Nrnne and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Five Sullivan Brothers Convention Center Contract For:General Construction Change order Number:003 2nd Floor Renovation,Waterloo, [A. Project No:20-24695 Date:May 26,2021 Date: September 8,2021 OWNER:(Nance and address) ARCHITECT:(Nacre and address) CONTRACTOR:(Naine and address) City of Waterloo I&S Group,Inc.(ISG) Cardinal Construction,Inc. 715 Mulberry Street 314 East 4th Street 1246 Martin Road Waterloo,lA 50703 Waterloo,lA 50703 Waterloo,IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description ofthe change and,if'applicable,attach or reference specific exhibits.Also include agreed upon adjustments auribatable to executed Construction Change Directives) A. COR(PR 02): Cost for drywall patching&6"vinyl base............................................Add $2,604.00 TOTAL AMOUNT OF THIS CHANGE ORDER,ADD TO CONTRACT SUM$2,604.00. The original Contract Stun was $ 1,810,800.00 The net change by previously authorized Change Orders $ 5,024.00 The Contract Sum prior to this Change Order was $ 1,815.824.00 The Contract Sum will be increased by this Change Order in the amount of $ 2,604.00 The new Contract Sun including this Change Order will he $ 1,818,428.00 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be December 23,2021;New Final Completion Date:January 7,2022. NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,Inc,(ISG) 'ardinal Construction,Inc. City of Waterloo ARCHITECT(Firer name) ACTOR(Finn naem) OWNER(Finn name) SIGNATURE S ATURE SIGNATURE Nathan Compton,Architect/Project Katy Susong,President Quentin Hart,Mayor Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE September 8,2021 September 8,2021 DATE DATE DATE AIA Document G701"—2017.Copyright c01979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contracl Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 16:31:39 LT on 09108/2021 under Order No.9281462824 which expires on 07112/2022,is not for resale,Is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (3139ADA57) Page 202 of 394 CITY OF WATERLOO Council Communication Motion approving Change Order No. 5 with Woodruff Construction, LLC, of Waterloo, Iowa, for a net decrease of$7,133, in conjunction with the Five Sullivan Brothers Convention Center 2020 Skywalk Improvements Project, and authorizing the Mayor to execute said document. City Council Meeting: 10/4/2021 Prepared: 9/9/2021 ATTACHMENTS: Description Type ❑ Change Order#5 - 5 Bros Skywalk Backup Material Motion approving Change Order No. 5 with Woodruff Construction, LLC, SUBJECT: of Waterloo, Iowa, for a net decrease of$7,133, in conjunction with the Five Sullivan Brothers Convention Center 2020 Skywalk Improvements Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval PR 09: Credit to Owner for"Cost to Perform Work per CO 04- Skywalk Summary Statement: Leak Fixes (Original NTE quote was $95,540 less actual T&M amount of $88,407) Deduct($7,133) Page 203 of 394 -rti Document G701 ' - 2017 Change Order PROJECT: (Name and«ddrEvs) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: 5 Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:005 2020 Skywalk Improvements.Waterloo, Project No: 19-23770 IA. Date:May 07,2020 Date:September 8,2021 OWNER:(Name and address) ARCHITECT:(Nance and address) CONTRACTOR: (Nacre and address) City of Waterloo I&S Group,Inc.(ISG) Woodruff Construction.LLC 715 Mulberry Street 314 East 4th Street 1717 Falls Avenue Waterloo,[A 50703 Waterloo, IA 50703 Waterloo,IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Inverl a detailed description of the change and,if'applirahle, attach or reference speck exhibits.Also include agreed upon adjusinrents attributable to executed Com.strtrctlon Change Directives.) A. PR 09: Credit to Owner for"Cost to Perfonn Work per CO 04-Skywalk Leak Fixes"; (Original NTE quote was$95,540.00 less actual T&Manrount of'$88,407.00)..............Deduct ($7,133,00) TOTAL AMOUNT OF THIS CHANGE ORDER,DEDUCT FROM CONTRACT SUM($7,133.011). The original Contract Sum was $ 199,890.00 The net change by previously authorized Change Orders $ 112,584.00 The Contract Sum prior to this Change Order was $ 312,474,00 The Contract Stun will be decreased by this Change Order in the amount of $ 7,133.00 The new Contract Sum including this Change Order will be $ 305,341.00 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be August 21,2020(original contract);August 1,2021 (added scope). NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede tate Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. 1&S Group,Inc.(ISG) Woodruff Construction,LLC City of Waterloo ARCHITECT(Firm mane) CONTRACTOR(Fir name) OWNER(T'irrn name) SIGNATURE Si ATURE SIGNATURE Nathan Compton,Architect/Project John Mallen,Project Manager Quentin Hart,Mayor Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE September 8,2021 9I 9121 DATE DATE DATE AIA Document G701"-2017.Copyright O 1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Instilule of Architects,""AIA,"the AIA Logo,and"AIA Conlract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 12:23:43 ET on 09/08/2021 under Order No.9281462824 which expires on 07!9212022,is not for resale,is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documentsa Terms of Service.To report copyright violations,e-mail copyright@aiaorg. User Notes: (3139ADA4F) Page 204 of 394 WOODRUFF CONSTRUCTION LLC 1717 Falls Ave Waterloo IA 50701 -Phone(319) 233-3349 -Fax (319) 233-3369 City of Waterloo No. 4 715 Mulberry St, Waierioo.IA 50703 DATE: 08/30/2.1 JOB NO.: 19-23770 PROJECT: Skywaik Improvements Terms: Net 10 BILLING RETENTION TOTAL DUE Supervision Labor-35 hours V$85/h $2,975.00 $2,975.00 Materials $200.00 $200.00 Infill Curtain Wall Panels Labor-70 hours CQ)$60/h $4,200.00 $4,200.00 Material $800.00 $800.00 Equipment $2,000.00 $2,000.00 CR Glass $56,500.00 $56,500.00 D&G Metal Works $1 1,700.00 $11,700.00 Markup(10%) $7.837.50 $7,837.50 Insurance/Bond(2.8%) $2.194.50 $2,194,50 Total Amount Due $88,407.00 Please Remit To: Woodruff Construction 501 Greenfield Dr.Tlffin, IA 52340 A minimum Finance Charge of 1.5%per month or 18%annually applies to all past due Invoices Page 205 of 394 CITY OF WATERLOO Council Communication Motion approving Change Order No. 20 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of$707, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting: 10/4/2021 Prepared: 9/10/2021 ATTACHMENTS: Description Type ❑ Change Order#20 Backup Material Motion approving Change Order No. 20 with Cardinal Construction, Inc., SUBJECT: of Waterloo, Iowa, for a net increase of$707, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Summary Statement: COR (PR17): To add non-keyed removable mullion to opening 100A only. Page 206 of 394 Document G701TM 2417 IRE37 Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Five Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:020 Addition and Renovation,Waterloo,IA. Project No:20-23943 Date:September 08,2020 Date:September 20,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Name and address) City of Waterloo I&S Group,Inc.(ISG) Cardinal Construction,Inc. 715 Mulberry Street 314 East 4th Street 1246 Martin Road Waterloo,IA 50703 Waterloo,lA 50703 Waterloo,IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description ofthe change and,if applicable,attach or reference specific exhibits.Also include agreed upon adjustments attributable to executed Construction Change Directives.) A.COR(PR 17): To add non-keyed removable mullion to Opening 100A only.......................Add $707.00 TOTAL AMOUNT OF THIS CHANGE ORDER,ADD TO CONTRACT SUM$707.00. The original Contract Sum was $ _5,516,300.00 The net change by previously authorized Change Orders $ 402,114,30 The Contract Sum prior to this Change Order was $ 5,918,414.30 The Contract Stun will be increased by this Change Order in the amount of $ 707.00 The new Contract Sum including this Change Order will be $ 5,919,121.30 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be August 13,2021. NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authori2ed by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,Inc.(ISG) din 1 Construction,Inc. City of Waterloo + ARCHITECT(Firm frame) CCTOR(Firm name) OWNER(Firm name) ll SIGNATURE SZRATuRE SIGNATURE Nathan Compton,Architect Katy Susong,President Quentin Hart,Mayor PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE September 20 2021 September 20,2021 DATE DATE DATE AIA Document G701"—2017.Copyright Q 1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects; 'AIA,"the AiA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document ) was produced by AIA software at 15:17:24 ET an 09/20/2021 under Order No.9281462824 which expires on 0711212022,Is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mall copydght@aia.org. User Notes: (389ADA4E) Page 207 of 394 CITY OF WATERLOO Council Communication Motion approving Change Order No. 4 with Cardinal Construction Inc., of Waterloo, Iowa, for a net increase of$13,960, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting: 10/4/2021 Prepared: 9/14/2021 ATTACHMENTS: Description Type ❑ Change Order#4 - 5 Bros 2nd Floor Reno Backup Material Motion approving Change Order No. 4 with Cardinal Construction Inc.. of SUBJECT: Waterloo. Iowa, for a net increase of$13,960, in conjunction with the Five Sullivan Brothers Convention Center 2nd Floor Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: COR 03 (PR01):Provide a new roof hatch to allow for greater access to the existing penthouse. Page 208 of 394 =. AIA Document 0101 2017 Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Five Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:004 2nd Floor Renovation,Waterloo,]A. Project leo:20-24695 Date:May 26,2021 Date:September t3,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Name and address) City of Waterloo 1&S Group,Inc.(ISG) Cardinal Construction,Inc. 715 Mulberry Street 314 Fast 4th Street 1246 Martin Road Waterloo,IA 50703 Waterloo,IA 50703 Waterloo,IA 56701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, ij'applicable,attach or reference spec?ftc adiihits.Also include agreed upon adjustments aitrihutable to executed Construction Change Directives) A. COR 03 (PR 01): Provide a nciv roof hatch to allow for greater access to the existing penthouse......Add$13,960.00 TOTAL AMOUNT OF THIS CHANGE ORDER,ADD TO CONTRACT SUM$13,960.00. The original Contract Sun was $ 1,810,800.00 The net change by previously authorized Change Orders $ 7,628.00 The Contract Sum prior to this Change Order was $ 1,818,428.00 The Contract Sum will be increased by this Change Order in the amount of $ 13,960.00 The new Contract Sum including this Change Order will be $ 1,832,388.00 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be December 23,2021;New Final Completion Date:January 7,2022. NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Tirne,that have been authorized by Construction Change Directive until the cost and tune have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,Inc.(ISG) Ca final Construction,Inc. City of Waterloo ARCHITECT(Firne nante) COTOR(Firm name) OWNER(Finn name) SIGNATURE SIG URE SIGNATURE Nathan Compton,Architect/Project Katy Susong,President Quentin Hart,Mayor Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE September 13,2021 September 13 2021 _ DATE DATE DATE AIA Document G701-—2017.Copyright p 1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"She AIA Logo,and"AIA Contract Documents"are registered lrademarks and may not be used wPoul permission.This document was produced by AIA software at 13:28:30 ET on 09/13/2021 under Order No.9281462824 which expires an 07/1212022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (389ADA40) Page 209 of 394 CITY OF WATERLOO Council Communication Cigarette/Tobacco Permit New Application for Neighborhood Mart, 2100 Lafayette Street. City Council Meeting: 10/4/2021 Prepared: SUBJECT: Cigarette/Tobacco Permit New Application for Neighborhood Mart, 2100 Lafayette Street. Page 210 of 394 CITY OF WATERLOO Council Communication Application for Recycling Yard License,Alter Trading Corporation DBA Alter Metal Recycling, 1500 W. Airline Highway. City Council Meeting: 10/4/2021 Prepared: SUBJECT: Application for Recycling Yard License,Alter Trading Corporation DBA Alter Metal Recycling, 1500 W. Airline Highway. Submitted by: Submitted By:Kelley Felchle, City Clerk Page 211 of 394 CITY OF WATERLOO Council Communication Motion to approve Tobacco License for Prime Mart 3, located at 1008 LaPorte Road. City Council Meeting: 10/4/2021 Prepared: 9/28/2021 SUBJECT: Motion to approve Tobacco License for Prime Mart 3, located at 1008 LaPorte Road. Submitted by: Submitted By:Kelley Felchle, City Clerk Page 212 of 394 CITY OF WATERLOO Council Communication Motion to approve Tobacco License for BP Fuel, located at 127 Jefferson Street. City Council Meeting: 10/4/2021 Prepared: 10/1/2021 SUBJECT: Motion to approve Tobacco License for BP FucL located at 127 Jefferson S treet. Submitted by: Submitted By:Kelley Felchle, City Clerk Page 213 of 394 CITY OF WATERLOO Council Communication Motion to approve Tobacco License for King Star, located at 2035 E. Mitchell Avenue. City Council Meeting: 10/4/2021 Prepared: 10/1/2021 SUBJECT: Motion to approve Tobacco License for King Star, located at 2035 E. Mitchell Avenue. Submitted by: Submitted By:Kelley Felchle, City Clerk Page 214 of 394 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 10/4/2021 Prepared: ATTACHMENTS: Description Type ❑ Bonds for council approval 10.04.2021 Backup Material SUBJECT: Bonds. Page 215 of 394 BONDS FOR COUNCIL APPROVAL October 4, 2021 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA 600221 STEVE SCHMITZ CONCRETE CEDAR FALLS, IA 09347591 TERRACON CONSULTANTS, INC. DES MOINES, IA 7901079406 VIKING MAINTENANCE LTD DBA FINISH TOWER, INC. HIAWATHA, IA Page 216 of 394 CITY OF WATERLOO Council Communication 2021 Gates Park and South Hills Irrigation Control System Updates. City Council Meeting: 10/4/2021 Prepared: 9/21/2021 ATTACHMENTS: Description Type ❑ Bid Documents 2021 Gates Park and South Hills Backup Material Irrigation Control Systems Updates ❑ Bid Tab Backup Material Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING -No Comments on file. Motion to close hearing and receive and file oral and written comments. Resolution conf ring approval of specifications, bid documents, etc., and SUBJECT: authorizing to proceed. Motion to receive, file, and instruct City Clerk to read bids. Resolution awarding bid to MTI Distributing of Brooklyn Center, Minnesota in the amount of$56,010.68, in conjunction with the purchase of the 2021 Gates Park and South Hills Irrigation Control System Updates. Submitted by: Submitted By: JB Bolger,Assistant Park Superintendent Recommended Action: Approve Purchase The current Gates Park and South Hills irrigation systems were installed 23 and 22 years ago respectively and have not had any updates to the operating systems in that time. The current operating systems are no longer supported and a single lightning strike or glitch in the software could render the entire system inoperable with no recourse to get up and running again. This project will install new hardware and software throughout both systems and modernize their operation to today's standards. Summary Statement: An identical update was performed on the Iry Warren system in 2020 and it has been working flawlessly ever since. Gates Park Golf Course irrigation system was installed in 1998 and South Hills in 1999. These updates will make the systems work as they should with modern computers and electronic equipment. One final update of all three golf course irrigation systems is planned for 2022 that will further insulate them from lightning damage but that can not be done without first modernizing the electronics that is being done in this project. Expenditure Required/Source of Estimate of$60,000 Funds: CIP Funds- Leisure Irrigation Control System 421-37-4120-2174 Page 217 of 394 CITY OF WATERLOO LEISURE SERVICES 1101 CAMPBELL AVE WATERLOO IA 50701 GENERAL INSTRUCTIONS, REQUIREMENTS AND SPECIFICATIONS 2021 GATES PARK AND SOUTH HILLS GOLF COURSE IRRIGATION CONTROL SYTEM UPDATES Bid documents for 2021 Gates Park and South Hills Golf Course Irrigation Control System Updates. All products and software are expected to be supplied and ready for use by the City of Waterloo, Iowa. Page 218 of 394 CITY OF WATERLOO LEISURE SERVICES COMMISSION 2021 GATES PARK AND SOUTH HILLS GOLF COURSE IRRIGATION CONTROL SYSTEM UPDATES Waterloo Leisure Services is seeking competitive bids for the sale of two UPDATED IRRIGATION CONTROL SYSTEMS as described in the enclosed specifications. 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 Thursday September 30, 2021 until 1:00pm for the 2021 Gates Park and South Hills Golf Course Irrigation Control Systems Update 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 2021 Gates Park and South Hills Golf Course Irrigation Control Systems Update will be opened at 1:00 p.m. on Thursday September 30, 2021 in the Second Floor City Council Chambers. 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 2021 Gates Park and South Hills Golf Course Irrigation Control Systems Update at 5:30 p.m. on Monday October 4, 2021. 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: 2021 Gates Park and South Hills Golf Course Irrigation Control Systems Update All bids must meet or exceed the Specifications provided. Bids that do not meet or exceed the Specifications will be rejected. Page 219 of 394 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 reiect any and all bids. 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 equipment and software in accordance with the Specifications and to the final destinations at 820 East Donald Street and 1830 East Shaulis Road, Waterloo, Iowa. 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, Assistant Park Superintendent Waterloo Leisure Services 1101 Campbell Avenue Waterloo, Iowa 50701 319-291-4370 Monday through Friday 7AM-4:OOPM 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: 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 Thursday September 30, 2021 until 1:OOpm for the 2021 Gates Park and South Hills Golf Course Irrigation Control Systems Update as detailed in the specifications sheet included in this packet. City Hall is located at 715 Mulberry Street,Waterloo, Iowa, 50703. THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. Page 220 of 394 Specifications for the 2021 Gates Park and South Hills Golf Course Irrigation Control Systems Update: 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 needed for its operation as specified below. Vendor must meet or exceed specifications as detailed below. Vendor must list any deviation from specifications given. QUANTITY: 2 PART# LYNX-NONNSN-PREM TORO Lynx CE Upgrade for Non-NSN User, PREMUIM COMPUTER SYSTEM, w/ 1 Yr. NSN (Includes 1 Tuition to MTI Hosted Regional NSN Training) QUANTITY: 2 PART# NSN-ESSENT-2N1-L TORO NSN 2 Year Additional Support Package ADD-ON (includes 24 hr support, emergency paging, ext. warranty, free software packs, 24hr hardware replacement. QUANTITY: 2 PART# LYNXAPPS TORO Lynx Apps Activation, One Time Fee for NSN Subscribers QUANTITY: 14 PART# 118-0038 TORO Satellite Upgrade Kit, LTC+to Network VP Vendor shall be present on site to help set up the field interface unit, new computer, and help the Gates Park and South Hills Maintenance Crews install the necessary hardware and software on a minimum of one satellite control center per golf course. Page 221 of 394 CITY OF WATERLOO,IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM for 2021 GATES PARK AND SOUTH HILLS GOLF COURSE IRRIGATION CONTROL SYSTEMS UPDATE Bidder is providing the equipment package price as specified with all options included. Installation of these upgrades will be at Gates Park Golf Course 820 East Donald Street, Waterloo, Iowa and South Hills Golf Course 1830 East Shaulis Road, Waterloo, Iowa. Systems must be ready for use by the City of Waterloo. If awarded the contract we agree to provide the equipment specified and assist with the installation of the updated irrigation controls on or before December 1, 2021. Failure to do so on or before the designated date shall result in a penalty at a daily rate of$50.00 per unit per working day until work is completed. We understand that this quotation will be reviewed by the Leisure Services Assistant Park Superintendent and the Waterloo City Council for the purpose of securing the equipment updates 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. BIDDER: COMPANY NAME ADDRESS: CONTACT PERSON PHONE: ( ) TWO COMPLETE IRRIGATION SYSTEM CONTROL UPDATES dollars ($ ) SIGNED: DATE: Bidders: Page 222 of 394 Reinders Darrick Robbins 111 Lexington Dr Buffalo Grove, IL 60089 drobbins@reinders.com 630-217-1922 Spartan Distributing Kris Early 1050 N Opdyke Rd Auburn Hills, MI 48326 Kris.early@spartandist.com 248-408-2360 MTI Craig Jerome 4830 Azelia Ave. North Suite 100 Brooklyn Center, MN 55429-3836 Craigjerome@mtidistributing.com Page 223 of 394 2021 Gates Park & South Hills Golf Course Irrigation Control Systems Update Bid Opening 9/30/2021 Bid Tab Estimate: $ Bidder Bid Amount MTI Distributing Brooklyn Center, MN $56,010.68 $78,406.98 Reindeers, Inc. Buffalo Grove, IL $66,148.00 Spartan Distributors Sparta, MI Page 224 of 394 CITY OF WATERLOO Council Communication FY 2022 Hyper Drive R.I.S.E. Project No. RM-8155(778)--9D-7, Contract No. 1051. City Council Meeting: 10/4/2021 Prepared: 9/21/2021 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material ❑ Contract Documents Backup Material ❑ Bonds Backup Material ❑ Certificate of Insurance Backup Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. SUBJECT: Motion to receive, file and instruct City Clerk to read bids. Resolution awarding bid to Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of$1,335,279.40, approving contract bonds and certificate of insurance, in conjunction with the FY 2022 Hyper Drive R.I.S.E. Project No. RM-8155(778)--9D-7, Contract No. 1051, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Matt Schindel Associate Engineer Implementation,Accountability, MidPort TIFF and Communication: Page 225 of 394 FY22 Hyper Drive RISE Project, Contract No. 1051 Bid Opening 9/23/2021 Bid Tab Estimate: $1,800,000.00 Bidder Bid Security Bid Amount JB Holland Construction Inc. 5% $1,468,540.74 Decorah, IA Boomerang Corp. 5% $1,877,536.50 Anamosa, IA Peterson Contractors, Inc. 5% $1,335,279.40 Reinbeck, IA PIRC Tobin 5% $1,871,760.71 Alburnett, IA Page 226 of 394 JQ4N+5 FORM OF CONTRACT FOR THE CONSTRUCTION OF FY 2022 HYPER DRIVE R.I.S.E. PROJECT NO. RM-8155(778)-9D-07 CITY OF WATERLOO, IOWA CONTRACT NO. 1051 This contract made and entered into this day of , 20_, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and PETERSON CONTRACTORS, INC. of, REINBECK, IOWA (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the FY 2022 HYPER DRIVE R.I.S.E. PROJECT NO. RM-8155(778)-9D-07, CONTRACT NO. 1051 and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The work under the proposed contract shall commence after receipt of "Notice to Proceed" and at the date submitted by the Contractor at the preconstruction conference and approved by the Engineer. Once work commences, periods of inactivity shall be minimized. All items shall be completed on or before May 13. 2022 . PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason FORM OF CONTRACT PagwK8f 594 of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been FORM OF CONTRACT Pae K9 M94 mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $1,335,279.40. PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and cleanup said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2)years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2)years after the acceptance of the work. CITY OF WATERLOO, IOWA FORM OF CONTRACT Page nd of �94 Mayor City Clerk Contra cto PETE N CO T NC Title: rw+ep� g±► � Approved by the City Council of the City of Waterloo, Iowa, this day of , 20_. ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT PagepaB 194 �Jqx-4-5 Bond No. 107398345 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Peterson Contractors, Inc. of Reinbeck, IA (the"Principal"), an&-avelers Casualty and Surety Company of Amtica Hartford, CT (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the"Obligee"), in the penal sum of one Million Three Hundred Thirty Five Thousand Two Hundred Seventy Nine&4011bi0llars ($ 1,335,279.40 ), lawful money of the United States, for the payment of said sum in connection with a contract(the"Contract")dated on or about for the purpose of FY 2022 Hyper Drive R.I.S.E. Project No. RM-8155(7781--91D-07, Contract No. 1051 The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term"balance of the Contract price"means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys'fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent(20%)of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. PEFORMANCE BOND Page 1 of 2 Page 231 of 394 Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL SURETY Peterson Contractors, Inc. Travelers Casualty and Surety Company of America Name q, peter✓ Name a,y By. C � ' Title: presidentTitle: Anne Crowner,Attorney-in-Fact [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PEFORMANCE BOND Page 2 of 2 Page 232 of 394 Bond No. 107398345 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Peterson Contractors, Inc. (Name of Contractor) P.O. Box A, Reinbeck, IA 50669 (Address of Contractor) a Corporation hereinafter called Principal, and, (Corporation, Partnership or Individual) Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square, Hartford, CT 06183 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo, Iowa (Name of Owner) 715 Mulberry Street,Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER, In the penal sum of One Million Three Hundred Thirty Five Thousand Two Hundred Seventy Nine&40/100 Dollars,($1,335,279.40 ) in lawful money of the United States, for the payment of which sum well and truly to be made,we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20 21 , a copy of which is hereto attached and made a part hereof for the construction of: FY 2022 Hyper Drive R.I.S.E. Project No. RM-8155(778)--9D-07,Contract No. 1051 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PAYMENT BOND Page 1 of 2 Page 233 of 394 IN WITNESS HEREOF, this instrument is executed in three(3) counterparts, each one of which, shall (number) be deemed an original, this the day of 2021 ATTEST: Peterson Contractors,Inc. (Principal) (Principal)Secretary �\ (SEAL) By: P.O.Box A (Address) Reinbeck,IA 50669 Witness as to Principal P.O.Box A (Address) Reinbeck,IA 50669 Travel s asual and Surety Company of America Surety A n er Attorney-in-Fact Holmes.Murphy and Associates. LLC Witness as to Surety ione ng (Address) 2727 Grand Prairie Parkway 2727 Grand Prairie Parkway,Waukee, IA 50263 (Address) Waukee.IA 50263 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PAYMENT BOND Page 2 of 2 Page 234 of 394 Travelers Casualty and Surety Company of America ASW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Anne Crowner of WAUKEE , Iowa , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. oqww�.NN)% 41o�/Ye V 6r �� cow State of Connecticut By: City of Hartford ss. Robert L.Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. P NOIL IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTAAY My Commission expires the 30th day of June,2026 * ++s S PUO`IO Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of 12021 IWcowRIgtl, 0 y 1,( Kevin E.Hughes,Assi tant Secretary�PD,0* ' � ts;r J� To verify the authenticity of this Power of Attorney,please caii us at 1-800-421-3880. P/ease refer to the above-named Attorney(s)-in-Pact and the details of the bond to which this Power ofAttorney is attached. Page 235 of 394 PETECON-02 UHRAM1 ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/28/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Amy Uhrmacher NAME: LSB Financial Services PHONE FAX 302 Main St (A/C,No,Ext): A/C,No): Cedar Falls,IA 50613 ppDRIE ,amy.uhrmacher@mylsb.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Greenwich Insurance Company 22322 INSURED INSURER B:National Fire 8r Marine 20079 Peterson Contractors,Inc. INSURER C:XL Specialty Insurance Company 37885 Reinbeck Motors Company,Inc. PO Box A/104 Blackhawk St INSURER D:Zurich American Ins Co 16535 Reinbeck,IA 50669 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM DD MM DD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE a OCCURCGD7459902 7/1/2021 7/1/2022 DAMAGE TO RENTED 100,000 X PREMISES Ea occurren X Blnkt Contractual MED EXP(Any oneperson) $ 10,000 X XCU Coverage PERSONAL&ADV INJURY $ 2,000,000 1"OTHER: L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY JERCOT LOC PRODUCTS-COMP/OPAGG $ 4'000'000 $ A AUTOMOBILE LIABILITY EOMBINED SINGLE LIMIT 2,000,000 X ANY AUTO CAS745990301 7/1/2021 7/1/2022 BODILY INJURY Perperson) OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIREDX NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ B UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1'000'000 X EXCESS LIAB CLAIMS-MADE 42-XSF-100514-05 7/1/2021 7/1/2022 AGGREGATE $ 1,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN CWD7459901 7/1/2021 7/1/2022 TAT TE ER 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Leased/Rented Equi CPP9267064-10 7/1/2021 7/1/2022 Leased/Rented Equipm 5,000,000 D Cargo CPP9267064-10 7/1/2021 7/1/2022 Cargo 2,500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: J9445 Hyper Drive RISE Project,Waterloo,IA The City of Waterloo is listed as an Additional Insured per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Cit Of Waterloo THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 715 Mulberry St. Waterloo,IA 50703 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 236 of 394 ENDORSEMENT#029 This endorsement, effective 12:01 a.m., July 1, 2021, forms a part of Policy No. CGD7459902 issued to PETERSON CONTRACTORS, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS—SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT BUT ONLY WHEN THE CONTRACT DEMAND SPECIFIES ISO 2001 EDITION FORMS OR EQUIVALENT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or XI 2010-1001 (Ed. 0413) ©2013, XL America, Inc. Page 1 of 2 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 237 of 394 (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions remain unchanged. XI 2010-1001 (Ed. 0413) ©2013, XL America, Inc. Page 2 of 2 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 238 of 394 ENDORSEMENT#030 This endorsement, effective 12:01 a.m., July 1, 2021, forms a part of Policy No. CGD7459902 issued to PETERSON CONTRACTORS, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS— COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY' OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT BUT ONLY WHEN THE CONTRACT DEMAND SPECIFIES ISO 2001 EDITION FORMS OR EQUIVALENT Location and Description of Completed Operations: VARIOUS AS REQUIRED PER WRITTEN CONTRACT. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II —Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products- completed operations hazard". All other terms and conditions remain unchanged. XI 2037-1001 (Ed. 0413) ©2013, XL America, Inc. Page 1 of 1 All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 239 of 394 CITY OF WATERLOO Council Communication Highway 63 Sanitary Sewer Upgrades Phase 1 Project, Contract No. 1037. City Council Meeting: 10/4/2021 Prepared: 9/23/2021 ATTACHMENTS: Description Type ❑ Bid Tab Backup Material Motion to receive and file proof of publication and notice to public hearing_ HOLD HEARING -No Comments on file., Motion to close Hearing receive and file oral and written comments. SUBJECT: Resolution confirming approval of specifications, bid documents, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to Waste Management Treatment Operations Supervisor. Submitted by: Submitted By: Brian Bowman, Treatment Operations Supervisor Page 240 of 394 Hwy 63 Sanity Sewer Upgrades Phase I Project, Cont. No. 1037 Bid Opening 9/30/2021 Bid Tab Estimate: $5,594,694.40 Bidder Bid Security Bid Amount Langman Construction, Inc 5% $7,190,038.90 S.J. Louis Construction Inc. 5% $9,358.376.76 Rockville, MN S.M. Hentges & Sons Inc. 5% $8,630,000.00 Jordan, MN Boomerang Corp ° 5/o $12,721 543.60 Anamosa, IA Page 241 of 394 CITY OF WATERLOO Council Communication Resolution supporting the Waterloo 2030 Community Vision Plan. City Council Meeting: 10/4/2021 Prepared: 9/29/2021 ATTACHMENTS: Description Type ❑ Waterloo 2030 Community Vision Backup Material SUBJECT: Resolution supporting the Waterloo 2030 Community Vision Plan. Submitted by: Submitted By: Mayor Quentin Hart Recommended for approval. The purpose of this resolution is to Recommended Action: demonstrate the city's support for a community visioning plan that engages with community stakeholders to work on projects that residents have identified as their priorities. In early 2021, the City of Waterloo engaged deNovo Marketing to listen, Summary Statement: experience, and analyze the community for current and future needs and develop a plan that provides a roadmap to transformative change. Neighborhood Impact: This plan will benefit the entire community. Page 242 of 394 M: Waterloo Vision 2030 Waterloo20)30 Eight Big Accomplishments in Eight Years COMMUNITY VISION Vision Statement Community Tagline: A Community of Opportunity Vision Statement: Waterloo is a community of opportunity where everyone can prosper The Vision Statement will serve as a guiding principle for the work that will be done over the next eight years, taking Waterloo to the next level by the year 2030. Audacious? Maybe. Doable? Yes. It will take a level of commitment and selflessness from a large number of people. It will take consistent and constant communication to make these elements happen. It will take discipline to stay on course. It will take work, resources, and patience. But the end result is a community that is connected, proud, succeeding, elevating its youth, celebrating diversity, and leading the way across the state and nation. Waterloo is a community of opportunity. Everyone can prosper here if we all work together to meet the challenge. Executive Summary IMP i In early 2021, the City of Waterloo engaged5 4 �fV +�A �� de Novo Marketing to listen, experience, a � 01D�� � ®t. l� RCREA�ION�L 1.4 f V CYAN a5 and analyze the community for current and � �� � future needs and developa Ian that .. �BORlNG �a a provides the city with a roadmap to COMMA7 � �J•c��° � n �� � liy � W transformative change. � � X,� U PM 4 , y_ It's been an interesting and informative „"' � ✓�� s BAD. journey, consisting of countless meetings �, OVINCOW CVLH=SHiFHrcAa P , and conversations, discussions regarding theEJ�fNfIGHBORf100D CHHh'pM1": possibilities, and a discovery of the long list iPrs of achievements and plans in the works, yet a distinct disconnect in awareness regarding these activities. Waterloo 2030 and the 8x8 Framework were prepared by de Novo Marketing Page 1 Page 243 of 394 8x8: Waterloo Vision 2030 Waterloo20)30 Eight Big Accomplishments in Eight Years COMMUNITY VISION Along the way, we discovered deep pockets of community pride and creative ideas to drive engagement, side by side with a wish for the community to succeed. Like any community work we've done, we heard our fair share of negativity, but by and large, Waterloo residents are hungry for progress and a reason to share their innate pride. KEY FINDINGS Waterloo as a community shows a commitment to youth that is unparalleled in most communities. This is a foundational block of the community and can have great economic implications if the City and its partners take specific steps to train and retain your youth. Additionally, it goes without saying that as Iowa's most diverse city, this community must continue to harness that strength and leverage it to attract business and residents. You must also work to make this a Community of Opportunity, where everyone can prosper. Inequities and perceptions must be addressed openly. Waterloo residents and stakeholders alike desire to "flip the script" when it comes to how Waterloo is viewed, both by residents, the wider region, state, and beyond. Additionally, the data collected supports that Waterloo has a large number of residents who are fairly neutral in their feelings toward the city they live in. This correlates to our theory of action on how to move the complacent "Moveable Middle" to be your best community advocates. It's important not to confuse emphasizing positive communication with turning a blind eye to areas in need of improvement. Waterloo has worked to identify areas of inequity, sought solutions to improve service delivery, quality of life, and in general improve the city. It's very difficult to communicate these things in a way that reaches all citizens, in a way they will engage with, which is why we lead with communications in the plan. Finally, Waterloo has a lot of projects in the works and on the list of its recent accomplishments. At every turn, we would find another project or program being planned or discussed. We strongly encourage investing in your project management capacity, being diligent and disciplined in what you take on, and essentially finish what you've started. Every project or element in this plan identifies where you will need to enlist and rely upon community partners (and identifies them where possible) and indicates to the extent we are able in a top- level plan the resources you will need. Waterloo 2030 and the 8x8 Framework were prepared by de Novo Marketing Page 2 Page 244 of 394 M: Waterloo Vision 2030 Waterloo20)30 Eight Big Accomplishments in Eight Years COMMUNITY VISION In addition to the community positioning line and vision statement above, we've developed a Vision Framework for Waterloo that encompasses 8 "Buckets" of work, as well as high-level tactical direction. These are meant to provide direction and guidance but are not overly prescriptive or detailed because as the collaborative partnerships are formed, the methodology may change. We encourage the City and its partners to embrace the goals of each, but the road map that gets you to the end will likely change. We've considered everything through the following three lenses: • Equity Building - How does this element build equity across the community? • Economic Development Priming - How will this position Waterloo as a community of opportunity for businesses to locate or expand? • Sustainably Improving-What elements of this plan take into account sustainable elements and methodology? MEASUREMENT& CELEBRATIONS Many of these elements are tied together, or build upon existing or proposed projects. Ensuring that measurement and celebration of benchmarks is key. Once the plan is finalized, a dashboard will be developed to help all partners involved track and communicate success with the community. SAY IT OUT LOUD After the plan is finalized and partners have signed on, we recommend publicly announcing this plan in an event involving each partner, giving them and the City the opportunity to share the plan with the community and to set your intentions, loud and clear. We also recommend publicly sharing the plan and its benchmarks online, and marking the completion of those milestones with regular communication (see "Fly the W"). 8 x 8 should become a household name in Waterloo. Waterloo 2030 and the 8x8 Framework were prepared by de Novo Marketing Page 3 Page 245 of 394 8x8: Waterloo Vision 2030 Waterloo20)30 Eight Big Accomplishments in Eight Years COMMUNITY VISION EIGHT BIG IDEAS IN EIGHT YEARS The 8 x 8 Framework Community of Opportunity: Eight Ideas in Eight Years The 8 x 8 Framework consists of eight projects or categories of work, to be achieved in eight years. Each project has suggested resources and partnerships mapped to it, but the most important element to remember is that none of this can be achieved by one department, person, or entity. Waterloo 2030 and the 8x8 Framework were prepared by de Novo Marketing Page 4 Page 246 of 394 8x8: Waterloo Vision 2030 Waterlool'30 Eight Big Accomplishments in Eight Years COMMUNITY VISION 41 rm"w HOUSING CONNECT 3 NEIGHBORHOODSFLY THE ELEV8 CELEBR8 �irri�i� � I1 WATERL 4 5 Waterloo • • CROSSROADS WORKSDOUBLEDOWN COMMUNITY V I S I O N POWER UP 6 7 8 SPORTSTO COMMUNITY DOWNTOWN Waterloo 2030 and the 8x8 Framework were prepared by de Novo Marketing Page 5 Page 247 of 394 CITY OF WATERLOO Council Communication Resolution approving an Iowa Department of Transportation-via.the Aviation Bureau, Grant Agreement, in the amount of$126,752, in conjunction with improvements to Hangars 3 and 4 at the Waterloo Regional Airport, Project No. P-I-220-ALO-200 and Contract No. 3345, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 10/4/2021 Prepared: 9/13/2021 ATTACHMENTS: Description Type ❑ Iowa DOT Grant- Contract No: 3345 Backup Material ❑ Iowa DOT Cover Letter for FY-2022 CSVI Grant Backup Material ❑ Picture of Hangar 3-A lighting fixtures Backup Material ❑ Picture Collage of Hangar No: 4 Office and Restroom Backup Material Areas Resolution approving an Iowa Department of Transportation-via the Aviation Bureau, Grant Agreement, in the amount of$126,752, in SUBJECT: conjunction with improvements to Hangars 3 and 4 at the Waterloo Regional Airport, Project No. P-I-220-ALO-200 and Contract No. 3345, and authorizingthe e Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Keith Kaspari,Airport Director Recommended Action: Approve the above request by Airport Staff. This project includes funds, in addition to other funds to be supplemental to the Iowa DOT Grant, for the completion of construction improvements in the following City and Airport-owned aircraft storage hangars, as follows: Hangar 3A- Replace antiquated 1970's era florescent lighting fixtures in this hangar with energy efficient LED fixtures to allow the current tenant to be much more energy efficient; and, Hangar 4 - This is the former Swieter Aviation Hangar, whereby these funds Summary Statement: will be used to complete additional physical improvements in the restroom and office areas of this hangar, in addition to possibly any HVAC components for this immediate area of the hangar. and, Possibly minor roof repairs in Hangars 1 and 2 due to recent storms and rain fall and water intrusion coming into the bay area of the aircraft hangar. This project grant comes to the City of Waterloo at no local cost to the City or Airport Dept. Page 248 of 394 This project, and similar to other and previous Iowa DOT C S VI funds, to overall provide physical improvements to City and airport-owned vertical Neighborhood Impact: buildings /structures. Project should result in no adverse impact to the airfield and airport tenants. Pending bids received, project will eventually allow Airport Staff to provide another substantial series of improvements, and once all planned improvements are completed to this hangar structure, to provide for the future lease of this hangar-thereby increasing additional lease rent revenues to the airport as a department of the City. Due to the lag time in order to bring this hangar to the condition that the City of Waterloo can lease this hangar, the City/Airport Department still needs to provide for some mold removal(NW corner storage areas, south elevated Data/Analysis and Strategies: Fall structure, and others)to ensure that the hangar structure is environmentally free of any contamination or environmental hazards to City employees or future airport and and long-term hangar tenant employees. As such, this project complies with the City of Waterloo's Strategic Plan, as follows: Goal No: 3, and Strategy No:3.1, 3.4 and 3.7. Goal No:4, and Strategy No:4.5. Implementation: Continue to work an existing and multi-year plan for making physical improvements to this hangar facility for the planned future lease for increasing revenue to the airport department. Implementation,Accountability, Accountability: and Communication: Ensuring that the hangar is free of any and all potential environmental hazards prior to executing any future tenant lease agreement. Communication: City employees to ensure that the facility is suitable to meet the needs of future airport/hangar tenants. Community Engagement This project is a public bidding process. Methods: This project will provide for another phase of improvements to the City and Airport owned vertical infrastructure(aircraft storage hangars) at the Expenditure Required/Source of Waterloo Regional Airport. Funds: This grant is fully funded at 100%, with no additional or external match required by the City or Airport Department. Alternative: No alternatives have been selected Page 249 of 394 Legal Descriptions: Not Applicable to this request by Staff. Page 250 of 394 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR THE FISCAL YEAR 2022 COMMERCIAL SERVICE VERTICAL INFRASTRUCTURE PROGRAM (CSVI) This AGREEMENT is made between the Iowa Department of Transportation called the "Iowa DOT" and City of Waterloo, hereafter the "SPONSOR". 1.00 PURPOSE: The purpose of this agreement is to set forth terms, conditions and obligations for accomplishment of certain improvements at the Waterloo Regional Airport, hereafter the "Airport". Improvements shall consist of. Hangar Rehabilitation , as more clearly defined in the project application. It shall be referred to as the "Project" and shall be identified by Project number: 9I220AL0200 Contract number: 3345 2.0 GENERAL PROVISIONS 2.01 The SPONSOR shall have 90 days to sign and return this agreement or the Iowa DOT reserves the right to revoke this grant. 2.02 The SPONSOR shall have the project under contract no later than 12 months after the date of the agreement or the Iowa DOT reserves the right to revoke this grant. 2.03 The Iowa DOT agrees to reimburse the SPONSOR 100% of the eligible project costs, not to exceed the maximum amount payable of$126752 incurred according to the terms of this agreement. Reimbursement will be made in whole dollar amounts only, rounded down. Final payment request may include documentation of unreimbursed amounts due to rounding. Final reimbursement will be made up to the contract amount in whole dollars. 2.04 All projects meeting the definition of public improvements shall follow the competitive bid and competitive quotation procedures for vertical infrastructure as identified in Chapter 26 of the Code of Iowa and 761 Iowa Administrative Code Chapter 180. (http://www.legis.state.ia.us/Rules/Current/iac/76liac/tl80/tl8O.pdf) • Competitive bid procedures for all projects greater than$139,000. • Competitive quotation procedures for airport authorities and city sponsors with populations greater than 50,000 for projects between $77,000 and$139,000 • Competitive quotation procedures for airport authorities and city sponsors with population of 50,000 or less for projects between $57,000 and $139,000, • Informal local procedures for projects less than the thresholds identified for competitive quotations. The SPONSOR shall follow requirements of the Iowa Code Section 544A.18, 193B Iowa Administrative Code Chapter 5, Chapter 542B of the Code of Iowa, and 193C Administrative Code Chapter 1 to determine when professional engineering or Page 251 of 394 architectural plans and specifications must be used. The SPONSOR shall submit any plans, specifications and other contract documents to the Iowa DOT for its files. 2.05 Should the SPONSOR fail to comply with any Condition or Assurance provided herein, the Iowa DOT may withhold further payment and may require reimbursement of any or all payments made by the Iowa DOT toward accomplishment of the Project. 2.06 The Iowa DOT shall not waive any right of authority by making payments pursuant to this agreement, and such payments shall not constitute approval or acceptance of any part of the Project. 2.07 Neither the Department nor the Sponsor intend to create rights in, and shall not be liable to, any third parties by reason of this agreement. 2.08 If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected thereby if such remainder would then continue to conform to applicable law and the intent of this agreement. 2.09 The Iowa DOT shall determine what costs charged to the project account are eligible for participation under the terms of this agreement and the SPONSOR shall bear all additional costs accepted and paid. Only those eligible costs incurred after this agreement is executed shall be reimbursed, unless the SPONSOR receives written notice from the Iowa DOT that the Sponsor has authority to incur costs. 2.10 Notwithstanding any other provisions of this agreement, the Iowa DOT shall have the right to enforce, and may require the SPONSOR to comply with, any and all Conditions and Assurances agreed to herein. 2.11 The Iowa DOT's obligations hereunder shall cease immediately, without penalty of further payment being required, in any year for which the General Assembly of the State of Iowa fails to make an appropriation or reappropriation to pay such obligations, and the Iowa DOT's obligations hereunder shall cease immediately without penalty of further payment being required at any time where there are not sufficient authorized funds lawfully available to the Iowa DOT to meet such obligations. The Iowa DOT shall give the SPONSOR notice of such termination of funding as soon as practicable after the Iowa DOT becomes aware of the failure of funding. In the event the Iowa DOT provides such notice, the SPONSOR may terminate this agreement or any part thereof. 2.12 The SPONSOR is the contracting agent and, as such, retains sole responsibility for compliance with local, state and federal laws and regulations related to accomplishment of the Project. The sponsor shall ensure compliance with Title VI of the Civil Rights Act of 1964, 78 STAT. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4, and all requirements imposed by or pursuant to the end that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving financial assistance from the Iowa DOT. In accordance with Iowa Code Chapter 216, the SPONSOR shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion,pregnancy, or disability. Page 252 of 394 2.13 Funding will be available for reimbursement of the project for two years after the date of the agreement,unless appropriations are withdrawn under 2.10. Assurances in this agreement remain in full force and effect for a period of 20 years from the date of the agreement. 2.14 The SPONSOR agrees to indemnify, defend, and to hold the Iowa DOT harmless from any action or liability out of the design, construction, maintenance and inspection or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Iowa DOT's application review and approval process,plan and construction reviews, and funding participation. 2.15 In the case of any dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to the Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after 10 days notice to the other party of the intent to seek arbitration. The written notice must include a precise statement of the dispute. The Iowa DOT and the SPONSOR agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph for arbitration. 2.16 Infrastructure and/or work products developed through this grant become the property of the SPONSOR and the SPONSOR's responsibility to maintain. 2.17 The attached Exhibit A, "Utilization of Targeted Small Business (TSB) Enterprises on Non-Federal Aid Projects (Third-Party State Assisted Projects),"will apply and is hereby made a part of this Agreement. 3.00 PROJECT CONDITIONS 3.01 The SPONSOR Agrees to: (a) Let contracts according to provisions of Chapter 26 of the Iowa Code and preside at all public hearings occasioned by the Project. (b) Contract for all professional and construction services as needed, submitting a copy of any engineering/consultant contract to the Iowa DOT. If the engineering/consultant agreement is more than $50,000 and the sponsor will request state reimbursement for the engineering/consultant services, the agreement must be submitted to the Iowa DOT for pre-audit prior to execution of the agreement. (c) Establish and maintain a project schedule and provide the schedule to the Iowa DOT. (d) Obtain and provide the sales tax exemption certificates through the Iowa Department of Revenue and Finance to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. (e) Submit to the Iowa DOT a Request for Reimbursement form, copies of invoices, and proof of payment for reimbursement. Progress payments are allowed. (f) Inspect work and equipment, test materials, and control construction to ensure that the design intent of the plans and specifications is achieved. (g) Inform the Iowa DOT of construction completion and allow the Iowa DOT access to review the completed project. (h) Certify satisfactory completion of the Project by resolution or signed final acceptance form and provide a copy to the Iowa DOT. Page 253 of 394 (i) Retain all records relating to project cost, including supporting documents, for a period of three (3) years following final payment by the Iowa DOT, and to make such records and documents available to Iowa DOT personnel for audit. (j) Ensure that applicable General Provisions and Project Conditions are included in any agreement between the SPONSOR and Engineer/Consultant. 4.00 SPECIAL PROVISIONS 4.01 The Project is for the sole purpose and use of aviation related activities and must be owned by the SPONSOR. The SPONSOR shall not lease airport space constructed with this grant to activities unrelated to aviation. 5.00 SPONSOR ASSURANCES By authorizing execution of this agreement the SPONSOR hereby certifies that: 5.01 It will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the assurances made herein, unless by such transaction the obligation to perform all such covenants are assumed by another public agency found by the Iowa DOT to be eligible under the laws of the State of Iowa to assume such obligations and to have the power, authority, and financial resources to carry out all such obligations. If an arrangement is made for the management or operation of the Airport by any agency or person other than the SPONSOR or an employee of the SPONSOR, the SPONSOR will reserve sufficient rights and authority to insure that the Airport will be operated and maintained in accordance with these assurances. The SPONSOR retains responsibility for compliance with these assurances and all other provisions of this agreement, regardless of any arrangement for management or operation of the airport. 5.02 It will not dispose of or encumber its title or other interests in the site and facilities during the 20-year period of this agreement. 5.03 It will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to service the aeronautical users of the Airport and will not permit any activity thereon which would interfere with its use for airport purposes. 5.04 Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace and by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration, or growth of any structure, tree, or other object in the approach areas of the runways of the Airport,which would constitute an obstruction to air navigation according to the criteria or standards prescribed in Section 77.23 as applied to Section 77.25, Part 77, of the Federal Aviation Regulations. In addition, the Sponsor will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development of the Airport, or any portion of a runway approach area in which the Sponsor has acquired, or hereafter acquires. 5.05 It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the Iowa DOT for the maintenance and operation of such facilities as identified in the Iowa Administrative Code 761-Chapter 720.10 Page 254 of 394 5.06 It will operate the Airport as such for the use and benefits of the public. In furtherance of this covenant(but without limiting its general applicability and effect), the SPONSOR specifically agrees that it will keep the Airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without unlawful discrimination between such types, kinds, and classes. The SPONSOR may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the airport. The SPONSOR may also prohibit or limit any given type, kind, or class of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil aviation need of the public. It will operate the Airport on fair and reasonable terms, and without unjust discrimination. 5.07 The SPONSOR will keep up-to-date and provide to the Iowa DOT an airport layout plan. The SPONSOR will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the airport layout plan, if such changes or alterations might adversely affect the safety,utility, or efficiency of the Airport. 6.00 EXECUTION OF THE AGREEMENT. By resolution made a part of this agreement the SPONSOR authorized the undersigned to execute this agreement. Signed this day of , on behalf of the SPONSOR. By: Attested: Title: Title: Signed this day of , on behalf of the Iowa Department of Transportation. By: Tamara Nicholson Director Modal Transportation Bureau Page 255 of 394 Exhibit A CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non-Federal Aid Projects(Third-Party State-Assisted Projects) September 2020 Page 256 of 394 CONTRACT PROVISION Targeted Small Business(TSB) Affirmative Action Responsibilities on Non-Federal-aid Projects(Third-party State-Assisted Projects) 1. TSB DEFINITION A TSB is a small business,as defined by Iowa Code Section 15.102(10),which is 51%or more owned,operated and actively managed by one or more women,minority persons,service-disabled veterans or persons with a disability provided the business meets all of the following requirements:is located in this state,is operated for profit and has an annual gross income of less than 4 million dollars computed as an average of the three preceding fiscal years. 2. TSB REQUIREMENTS In all State-assisted projects made available through the Iowa Department of Transportation,local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises. These requirements are based on Iowa Code Section 19B.7. These requirements supersede all existing TSB regulations,orders,circulars and administrative requirements. 3. TSB DIRECTORY INFORMATION Available from: Iowa Economic Development Authority Targeted Small Business Certification Program 1963 Bell Avenue,Suite 200 Des Moines,IA 50315 Phone: (515-348-6159) Website: https://iowaeconomicdevelopment.com/tsb 4. THE CONTRACTOR'S TSB POLICY The contractor is expected to promote participation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous,positive,result-oriented program. Therefore,the contractor's TSB policy shall be: It is the policy of this firm that Targeted Small Business(TSB)concerns shall have the maximum practical opportunity to participate in contracts funded with State-assisted funds which are administered by this firm(e.g. suppliers,manufacturers and subcontractors). The purpose of our policy is to encourage and increase the TSB participation in contracting opportunities made available by State-assisted programs. 5. CONTRACTORS SHALL APPOINT AN EQUAL EMPLOYMENT OPPORTUNITY(EEO)OFFICER The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative action responsibilities. This person shall have the necessary statistics,funding,authority and responsibility to carry out and enforce the firm's EEO policy. The EEO officer shall be responsible for developing,managing and implementing the program on a day-to-day basis. The officer shall also: A. For current TSB information,contact the Iowa Economic Development Authority(515-348-6159)to identify potential material suppliers,manufacturers and contractors. Page 1 Page 257 of 394 TSB Affirmative Action Responsibilities A. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them into the firm's bid. B. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the materials or expertise to perform the work to be subcontracted,at least two weeks prior to the time quotations are submitted. Maintain complete records of negotiations efforts. C. Provide or arrange for assistance to TSBs in seeking bonding,analyzing plans/specifications or other actions that can be viewed as technical assistance. D. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. E. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions. 6. COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials/supplies,subcontracted work or other commercially useful function. A. The bidder may count: 1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers;or 2) Work to be subcontracted to a TSB;or 3) Any other commercially useful function. B. The contractor may count: 1) 100%of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. 2) 60%of an expenditure to TSB suppliers that are not manufacturers;provided the suppliers perform a commercially useful function in the supply process. 3) Only those expenditures to TSBs that perform a commercially useful function in the work of a contract, including those as a subcontractor. 4) Work the Contracting Authority has determined that it involves a commercially useful function. The TSB must have a necessary and useful role in the transaction of a kind for which there is a market outside the context of the TSB program. For example,leasing equipment or purchasing materials from prime contractor would not count. 7. REQUIRED DATA,DOCUMENTS AND CONTRACT AWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A. Bidders Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract. Bidders shall complete the bidding documents plus a separate form called"TSB Pre-Bid Contact Information". This form includes: Page 2 Page 258 of 394 1) Name(s)of the TSB(s)contacted regarding subcontractable items. 2) Date of the contract. 3) Whether or not a TSB bid/quotation was received. 4) Whether or not the TSB's bid/quotation was used. 5) The dollar amount proposed to be subcontracted. B. Contractors Using Quotes From TSBs Use those TSBs whose quotes are listed in the"Quotation Used in Bid"column along with a"yes"indicated on the Pre-BID Contract Information Form. C. Contractors NOT Using Quotes From TSBs If there are no TSBs listed on the Pre-bid Contact Information Form,then the contractor shall document all efforts made to include TSB participation in this project by documenting the following: 1) What pre-solicitation or pre-bid meetings scheduled by the contracting authority were attended? 2) Which general news circulation,trade associations and/or minority-focused media were advertised concerning the subcontracting opportunities? 3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed for the TSBs to participate effectively? 4) Were initial solicitations of interested TSBs followed up? 5) Were TSBs provided with adequate information about the plans,specifications and requirements of the contract? 6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified,was the decision based on an investigation of their capabilities? 7) Were interested TSBs assisted in obtaining bonding,lines of credit or insurance required by the contractor? 8) Were services used of minority community organization,minority contractors' groups;local State and Federal minority business assistance offices or any other organization providing such assistance. The above documentation shall remain in the contractor's files for a period of three(3)years after the completion of the project and be available for examination by the Iowa Economic Development Authority. 8. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSINGED Contractors are also required to make positive efforts in utilizing TSBs on all State-assisted projects which are not assigned goals. Form 730007,"TSB Pre-bid Contact Information"is required to be submitted with bids on all projects.If there is no TSB participation,then the contractor shall comply with section 7C of this document prior to the contract award. Form 730007 canbe found here: htt2s:Hforms.iowadot.gov/FormsMat/Extemal/730007.doc Page 3 Page 259 of 394 Form 730007WP 7-97 Contractor Page# Project# TARGETED SMALL BUSINESS (TSB) PRE-BID CONTACT INFORMATION County City (To Be Completed By All Bidders per the Current Contract Provision) In order for your bid to be considered responsive, you are required to provide information on this form showing your Targeted Small Business contacts made with your bid submission. This information is subject to verification and confirmation. In the event it is determined that the Targeted Small Business goals are not met, then before awarding the contract, the Contracting Authority will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. NOTE: Every effort shall be made to solicit quotes or bids on as many subcontractable items as necessary to achieve the established goals. If a TSB's quote is used in the bid, it is assumed that the firm listed will be used as a subcontractor. TABLE OF INFORMATION SHOWING BIDDERS PRE-BID TARGETED SMALL BUSINESS TSB CONTACTS SUBCONTRACTOR TSB DATES QUOTES RECEIVED QUOTATION USED IN BID CONTACTED YES/ DATES YES/ DOLLAR AMT. PROPOSED NO CONTACTED NO TO BE SUBCONTRACTED Total dollar amount proposed to be subcontracted to TSB on this project$ List items by name to be subcontracted: Page 4 Page 260 of 394 UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) In accordance with Iowa Code Section 196.7, it is the policy of the Iowa Department of Transportation (Iowa DOT)that Targeted Small Business(TSB)enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants,suppliers, or participants in the work covered by this agreement. The Recipient's"positive efforts"shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority(515-725-3132)or from its website at: https://www.iowa.gov/tsb/index.php/home. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP)process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project,the subcontracting opportunities available,the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non-Federal Aid Projects(Third-Party State-Assisted Projects)"or a similar document developed by the Recipient. This contract provision is available on-line at: http://www.dot.state.ia.us/local_systems/publications/tsb_contract_provision.pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached"Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way,Ames, IA 50010. Page 5 Page 261 of 394 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non-Federal-aid Projects (Third-Party State-Assisted Projects) Recipient: Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ❑YES ❑ NO If no, explain 2. Were qualified TSB firms notified of project? ❑YES I NO If yes, by ❑ letter, telephone, ❑ personal contact, or -1 other(specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? ❑YES ❑ NO If no, explain 4. Was a goal or percentage established for TSB participation? F- YES NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ❑YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? ❑YES ❑ NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Name(s) and address(es)of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? I YES ❑ NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State-assisted contracts associated with this project. Title Signature Page 6 Page 262 of 394 Page 263 of 394 C 44 1 INA T SMARTER 1 SIMPLER I CUSTOMER DRIVEL www•lowadot.gov Modal Transportation Bureau -Aviation 800 Lincoln Way I Ames, Iowa 50010 Phone: 515-239-1691 September 8, 2021 Waterloo Regional Airport Keith Kaspari 2790 Livingston Lane Waterloo, IA 50703 Dear Keith: The FY 2022 Commercial Service Vertical Infrastructure project you requested was approved for funding by the Iowa Transportation Commission on August 10, 2021 Attached is an agreement between the airport sponsor and the Iowa Department of Transportation(Iowa DOT). The sponsor should review, sign, and email a signed copy to me. Hard copies are not required this year. Once received, we will sign and return one fully executed contract to the sponsor. You are authorized to begin your project after receiving the contract with both Iowa DOT and Sponsor signatures in place. You have 90 days to sign the grant and return it to the Iowa DOT for our signature. The 12-month requirement to have the project under contract remains in place. Any contracts not returned within the 90-day window may be cancelled. Please review the agreement noting your required responsibilities and assurances, required affirmative action, targeted small business and audit requirements. If you will be requesting reimbursement for engineering services, you will need to provide me with a copy of the agreement. The Iowa DOT recommends that your engineering agreements are either lump sum, or cost plus with fixed overhead rate and maximum dollar amount. Any engineering agreement more than $50,000 must have a pre-audit completed by the Iowa DOT. All engineering agreements that are paid with state funds are subject to a final audit. Please include state related nondiscrimination and targeted small business clauses in your agreements. The project must be under obligation within 12 months. Please note that only expenses incurred on or after the Iowa DOT signature date on the agreement are eligible for reimbursement. Submit claims for reimbursement with copies of invoices, canceled checks Page 264 of 394 or other documentation that the bills have been paid. Reimbursement will be in whole dollars, rounding down; however, the final reimbursement request may include any `lost cents' up to the maximum grant amount. Reimbursement requests should be made in the same fiscal year that the work is completed. Reimbursement for work done near the end of a state fiscal year(June 30)must be requested by August 1. Please note that due to legislative changes for funding this year,these funds revert two years after the end of the fiscal year for which the appropriation is made instead of three. A final acceptance form must be completed and submitted with the final claim for reimbursement. Required forms can be downloaded from the Aviation Bureau Web site at http://www.iowadot.gov/aviation/managersandsponsors/forms.html. If you have any questions regarding this information,please call me at 515-239-1048. Good luck with your airport project! Sincerely, Shane Wright, C.M. Program Manager Enclosures cc: Tamara Nicholson—Modal Transportation Bureau Director q •34 ti l k f t. or r AF ■j Page 266 of 394 { i" '�YS � 1 � ] y E E� �r i �l _ s i .r t t .i = .:I• WMA i •5 I V Mir I } 1 �7 1 � I l„ o �' �� . - .. � . --. \ � " � E� � - z i _ 1 _ I J ����� 1 �L.-.. ',� - 1 • �� - J q � r l � 1e f: F .• ' 271 of •I CITY OF WATERLOO Council Communication Resolution approving a Professional Service Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $140,000, in conjunction with the Phase I Preliminary Engineering Report and Interim Repairs Anaerobic Lagoon Repair Project, and authorizing the Mayor to execute said document. City Council Meeting: 10/4/2021 Prepared: 9/22/2021 ATTACHMENTS: Description Type ❑ Memo to Mayor and Council Backup Material ❑ Professional Services Agreement Backup Material Resolution approving a Professional Service Agreement with AEC OM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed SUBJECT: $140,000, in conjunction with the Phase I Preliminary Engineering Report and Interim Repairs Anaerobic Lagoon Repair Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Brian Bowman,Treatment Operations Supervisor Recommended Action: Approve Resolution for Professional Service Agreement with AEC OM Expenditure Required/Source of$140,000 Funds: Sewer Funds Page 272 of 394 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 • • Brian Bowman, Operations Supervisor September 22, 2021 Memo to Waterloo Mayor and City Council: RE: Phase 1 Preliminary Engineering Report and Interim Repairs Anaerobic Lagoon Repair Project. Background Discussion: The Anaerobic Lagoon was constructed in the 1990s, and aging infrastructure is in need of replacement. The tasks laid out in this agreement include evaluation of the overall biogas handling system for functionality, operational and safety items, equipment and options for long term operations. Evaluations include: Biogas blowers, electrical equipment and controls, biogas piping or repairs to existing biogas piping, additional gas safety and monitoring equipment, existing building ventilation systems and upgrades or replacement of existing biogas flare. Included in this preliminary design will be the connection point for future treatment of biogas by City to potentially provide biogas to a third party. Recommended Action: It is recommended that City Council approve the Professional Service Agreement with AECOM for Phase 1 Preliminary Engineering Report and Interim Repairs Anaerobic Lagoon Repair Project for a total compensation not to exceed $140,000.00. Page 273 of 394 �L=Com AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com CITY OF WATERLOO, IOWA WATERLOO WASTE MANAGEMENT SERVICES DEPARTMENT PHASE I PRELIMINARY ENGINEERING REPORT AND INTERIM REPAIRS ANAEROBIC LAGOON REPAIR PROJECT PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as"CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re- perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring Page 274 of 394 �L=Com Page 2 guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000)each accident; (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non-owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and Page 275 of 394 �L=Com Page 3 property damage liability. This policy includes Contractual Liability coverage. ATS agrees to name CLIENT as Additional Insured on this policy, but only to the extent of ATS's negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non-renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is a not-to-exceed fee of One Hundred Forty Thousand Dollars ($140,000.00). ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10)days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non-monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by ATS. Page 276 of 394 �L=COM Page 4 Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. Page 277 of 394 �L=COM Page 5 CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits Page 278 of 394 �L=Com Page 6 hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third-party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM By: By: U 46V Printed Name: Quentin Hart Printed Name: Douglas W. Schindel, P.E Title: Mayor Title: Associate Vice President Date: Date: September 22, 2021 Page 279 of 394 CITY OF WATERLOO, IOWA WATERLOO WASTE MANAGEMENT SERVICES DEPARTMENT PHASE I PRELIMINARY ENGINEERING REPORT AND INTERIM REPAIRS ANAEROBIC LAGOON REPAIR PROJECT EXHIBIT A A. PROJECT DESCRIPTION The anaerobic lagoon was constructed in the 1990s, and the aging infrastructure is in need of replacement. On June 11, 2021, the Waterloo Waste Management Services Department (WMSD) had an incident at the lagoon on Independence Avenue. The incident resulted in significant damage to the lagoon's control room system and structure. The structure had windows, air conditioning unit and fire/smoke damage. The lagoon's communication panel, pump control panel, influent flow meter, SCADA and various computer hardware was damaged as well. As part of an early investigation into the source of the incident, the City believes the source of the methane gas within the control room building was from the blower room and the associated flame arrestor. Another potential source of methane gas is from the gas collection system, as the infrastructure is in very poor condition. City staff is currently manually draining the gas drip which collects the condensation. The safety of WMSD personnel, closure of the structure before winter, and evaluation of alternatives and recommendations for long-term solutions for the lagoon's blower room and gas collection system are the basis for conducting the Phase I Preliminary Engineering Report and Interim Repairs. This report will include recommendations and evaluation of alternatives for methane gas collection system upgrades or new system, and segregation of the control room from the methane blower system. The interim repairs will include recommendations for building closure before winter, and preparation of preliminary and final plans to complete this work. The second and third phases of the project would include the final design of the selected alternative and the construction-related service phases, which will be determined at the time the services are needed and added by supplemental agreement. B. SCOPE OF SERVICES The following tasks are included in the Scope of Services for the Phase I Preliminary Engineering Report and Interim Repairs. Data Collection These tasks include field survey and utility calls, as required, to complete the base map file in MicroStation format for use in the development of the Phase I Preliminary Engineering Report. AECOM will review the City provided Operation & Maintenance (O&M) Manuals and as-built plans. Task 1 -Topographical Survey Task 2 - Base Mapping Task 3- Review of Lagoon O&M Manuals Task 4- Review of Lagoon As-Built Plans Page 280 of 394 Preliminary Engineering Report These tasks include preparation of the Preliminary Engineering Report. The report will include evaluation of the overall gas handling system for functional, operational and safety items, equipment and options for long-term operations, construction sequencing, and review and identification of potential permitting requirements. An evaluation of building equipment and options for new control building, new gas compressor building, and upgrade of existing gas handling building will be completed. Equipment upgrade evaluations include blowers, electrical equipment and controls, gas piping or repairs to existing gas piping, additional gas safety and monitoring equipment, existing building ventilation systems, and upgrades or replacement of existing flare. Construction staging review includes considerations of power, controls and gas piping. Included in the preliminary design will be the connection point for future treatment of gas by City to potentially provide gas to a third party. Task 5- Evaluation of Overall Gas Handling System Task 6- Evaluation of Building Equipment and Options Task 7- Evaluation of Equipment Upgrades Task 8- Construction Sequencing Review Task 9- Permit Review Task 10- Prepare Preliminary Cost Estimate Task 11 - Prepare Preliminary Plans Task 12 - Prepare Preliminary Report Task 13- Final Revisions Task 14- Final Report Interim Repairs These tasks will include reviewing the existing building systems and equipment for lagoon gas management and identifying immediate safety, building, ventilation, or other systems modifications for interim operation of the blowers and equipment. The National Fire Protection Association (NFPA) standard for wastewater treatment plants (NFPA 820)will be used as guidance for safety measures. AECOM will review and define interim improvements, prepare technical specifications and drawings for recommendation of interim improvements to winterize the building safely, and identify vendors and suppliers for replacement of critical equipment and components to enable operation of the gas handling and utilization system. Winterizing the building and safety review will include review of existing conduits, doors, gas piping in blower room, installation of windows, blocking off window into blower room from control room, installation of possible monitoring devices, and ventilation to safely enclose the building. Additional review of the manholes for possible gas migration into the control room will be investigated. AECOM assumes no IDNR permit modifications will be required for interim repairs, and permit modifications have not been included in this scope. Task 15- Existing Building Review Task 16- Review of Safety, Ventilation and Systems Task 17- Prepare Preliminary Plans Task 18- Prepare Final Plans Task 19- Prepare Cost Estimate Task 20- Prepare Specifications Page 281 of 394 Project Management and Meetings These tasks include project administration, agency coordination, monthly project management team (PMT) meetings, and two City presentations, if required. Task 21 - Project Administration Task 22 -Agency Coordination Task 23- Project Management Team Meetings (6) Task 24- City Presentations (2) Phase II - Final Design and Construction Documents Phase III -Construction-Related Services The scope of both the final design and construction-related services will be determined at the time the services are needed and defined under a future amendment. Construction- related services include construction staking, on-site field review, materials testing, contract administration during construction and right-of-way staking. O:\Administration\AGREE\PROF\WAT Ph I Preliminary Engineering Report and Interim Repairs.doc Page 282 of 394 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Strand Associates of Madison, Wisconsin, in an amount not to exceed $45,000, to provide design services for the Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation Project, and authorizing the Mayor to execute said document. City Council Meeting: 10/4/2021 Prepared: 9/13/2021 ATTACHMENTS: Description Type ❑ Strand Associates Professional Service Agreement Backup Material ❑ Memo to Mayor and Council Backup Material Resolution approving a Professional Services Agreement with Strand Associates of Madison. Wisconsin, in an amount not to exceed $45,000, to SUBJECT: provide design services for the Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Brad ManaU Treatment Operations Supervisor Recommended Action: Approve Professional Service Agreement with Strand Associates. Expenditure Required/Source of$45,000.00 Funds: Sewer Funds Page 283 of 394 �1 STRAND 5imild ASso(AaWs. Ing., L lo yl w't Mru{rH. i)rIVI " NIa1rl1, ,11 NI ' S I') '.:<L:L IL L.NLL iN L NI AN L Lk11`0.. +11)'4 J��_! 484,? September 9, 2021 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attention: Mr. Brian Bowman, Treatment Operations Director Re: Agreement for Design Services Wastewater Treatment Plant (WW"I'P)—Final Clarifier No. 3 Rehabilitation This is an Agreement between the City of Waterloo, Iowa, hereinafter relerred to as OWNER,and Strand Associates, Inc.", hereinafter referred to as ENGINFER, to provide Design Services (Services) (or the WW'I'P--f=inal Clarifier No. 3 Rehabilitation prglect. This Agreement shall he in accordance with the following elements. Project Understanding The Project includes Services associated with the repairs to Final Clarifier No. 3 at OWNER's Easton Wastewater Treatment Plant. Anticipated repairs include removal and replacement of'grout topping at the base slab of the tank, removal and replacement of pressure reliel`valves, and rehabilitation of final clarifier equipment based on criteria from the equipment manufacturer(Evoqua). Scope of scrvicc+ F:NGINEIA will provide the following Services to OWNER: I. Attend kickoff meeting via teleconference to review project scope and schedule. 2. Participate in one meeting with OWNER and Iowa Department of'Natural Resources(IDNR)to discuss project scope and schedule. 3. Develop 50 percent design drawings and an opinion of probable construction cost (OPCC) for tank repairs and summit to OWNER for review. Repairs to the final clarifier equipment will he based on clarifier manufacturer's criteria. 4. Participate in one meeting at 50 percent design to review design documents. This meeting will include review or the construction sequence and elements included in the design relating to constructabilify and accommodating existing treatment processes during construction. 5. Develop 90 percent design drawings, technical specifications, and updated OPCC for tank repairs and submit to OWNER for review. 6. Participate in one meeting at 90 percent design via teleconference to review design documents. 14011W H MAD it1 RLI'rn11.1mda.1„,K&A,!n71 Add I_,r,1 www strand cnrr Page 284 of 394 1f IkS,...0i_Ilii"._ Ertl: City or Waterloo Page 2 September 1). 2021 7• Prepare Bidding Documents using technical specifications, engineering drawings, and OWNER-provided front end documents. Submit the final design documents to OWNER in both paper copy and electronic form. Preparation ofa. construction permit application and submittal to Iowa Department of Natural Resources (IDNR) is not anticipated for this project and is not included. Service Elements Not Included The following services are not included in this Agreement. If such services are required, they will be provided as noted. I. Additional and Extended Services during consu-uctiorr made necessary by: a. Work damaged by fire or other cause during construction. b. A significant amount of defective or neglected work of any contractor. C. Prolongation of the time of the construction contract. d. Default by contractor under the construction contract. Any services of this type will be provided through an amendment to this Agrecntcnt. 2. Additional Site Visits and/or Meetings: Additional OWNER-required site visits or meetings will be provided through an amendment to this Agreement or through a separate agreement with OWNER. .3. Bidding- and Construction-Rclated_Services: Bidding- and construction-related services for the project will require a separate agreement with OWNFR, 4. I-(reparation for and/or Appearance in Litigation on Behalf orf OWNER: phis type of service by FNGINF,ER will be provided through a separate agreement with OWNER. 5. Review of Product Substitutions or Means, Method, 1_ec_hnicluc, Sequence. or Procedure Substitutions Proposed by Contractor: ENGINEI;R's cost for evaluating substitute products. means, method, technique, sequence, or procedure of construction is not included in the scope ofthis Agreement. Service of this type by ENGINEER will be provided through an amendmerit to this Agreement. 6. Revising r Desi "ti, Drawings, SLPccificatigns, and Documents: Any services required after these items have been previously approved by state or federal regulatory agencies. because ofa Change in project scope or where such revisions are necessary to comply with changed state and federal regulations that are put in force after Services have been partially completed, will be provided through an amendment to this Agreement. 7. Services Furnished During Read verti sem ent for Bids, if Ordered by OWNER: 11'a Contract is not awarded pursuant to the original bids, any services of'this type will be provided through an amendment to this Agreement. 8. Services Related to Buried Wastes and Contamination: Should buried solid, liquid,or potentially hazardous wastes or subsurface or soil contamination be uncovered at the site. follow-up investigations may be required to identily the nature and extent of such wastes or subsurface soil or groundwater contamination and to detennine appropriate methods for managing cif' such wastes or contatrtination and for follow-up monitoring. Investigation, design, or construction-related services related to buried solid. liquid. or potentially hazardous wastes or soil or groundwater contamination will be provided through a separate agreement with OWNER. SKII 11100 \fAiYd7,p murnl,-.-\K•rnKnu%VA%un 1tV%I u,d 11A1AVIV111 Moll.Im ki Nk,M,Imh y0.l AI;r4.1ne nI,I,x Page 285 of 394 'ill3 f; Irk. City of Waterloo Page 3 September 9, 2021 Compensation OWNER shall compensate ENGINEER for Services a lump sure of$45,000, Only sales taxes or other taxes on Services that are in effect at the time this Agreement is executed are included in the Compensation. If the tax laws are subsequently changed by legislation during the file of this Agreement. this Agreement will be adjusted to reflect the net change. The lump sums for the Services is based on wage scale/hourly billing rates, adjusted annually on July 1. that anticipates the Services will be completed as indicated. Should the completion time be extended. it may he cause for an adjustment in the lump stuns that reflects any wage scale adjustments made. The lump stens will not be exceeded without prior notice to and agreement by OWNER but may be adjusted for time delays, time extensions, amendments. or changes in the Scope of Services. Any adjustments will be negotiated based on ENGINEER's increase or decrease in costs caused by delays. extensions, amendments, or changes. Schedule Services will begin upon c,\eCuti0rt of this Agreement, which is anticipated the week of' September 13, 2021. Services are scheduled fir completion on December 3 I, 2021. Standard of Care The Standard of Care for all Services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar circumstances at the same time and in the same locality. EiNGiNEiER makes no warranties, express or implied, under this Agreement or otherwise. in connection with ENGINEER's Services. OWNER's Responsibilities I . Assist ENGINEER by placing at ENCiINE1 R's disposal all available infiirrltation pertinent to this proiect including previous reports, previous drawings and specifications.and any other data relative to the scope of this protect. 2. Furnish to ENGINEER, as required by E1NGINE'E R, for performance of'Services as part ofthis Agreement, data prepared by or services of'other•s obtained or prepared by OWNER relative to the scope of this project, such as soil borings, pr•obing,s and subsurface explorations, and laboratory tests and inspections of samples, all of' which ENGINEER may rely upon in performing Services under this Agreement. 3. Provide access to the site as required for E:NGINEF'R to perfirrm Services under this Agreement. 4. Guarantee access to and make all provisions firr ENUNEV11 to enter upon public: and private lands as required for I:NG1NIihR to perform Services under this Agreement 5. Examine all reports, sketches, estimates, special provisions, drawings, and other documents presented by ENGINEER and render, in writing,decisions pertaining thereto within a reasonable time so as not to delay the perfirrmance ofENGINEER. 6. Provide all legal set-vices as may be required for the development ol'this prcaiect. ,K111MN'XAJ,V)IM.,uni.n1, kV,.,'—tlhN NAI.,1.,.(I1,.411 A 1%%1{1H 1ell Lto \„MOW,.'Wt-SCI 14...11i.dn. Page 286 of 394 City of Waterloo Page 4 September 9, 21021 7. Retain the services of a soils consultant to provide any necessary geotechnical evaluation and recommendations. R. Provide the front end documents that require the contractor to name E:NGINI=.I:12 as an additional insured ort contractor's General Liability and Automobile Liability insurance policies and to indemnify I NGIN11"R to the same extent that the contractor insures and indemnifies OWNER. 9. Pay all permit and plats review fees payable to regulatory agencies. Opinion of Probable Cost Any opinions of probable cost prepared by I::N(ilNEER are supplied for general guidance of0WNI1:R only. (iNGINI:I:R has no control over competitive bidding or market conditions and cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to OWNER. Changes I. OWNER may make changes within the general scope of this Agreement in the Services to be pertarrned. If such changes cause an increase or decrease to ENGINELIt's cost or time required far performance of any Services under this Agreement. ate equitable adjustment will be made and this Agreement will be modified in writing;accordingly. 2. No services for which additional compensation will be charged by L'NGINI I:R will be furnished without the written authorization of OWNER. The fee established herein will not be exceeded without agreement by OWNER but may be adjusted for time delays. time extensions. amendments, or changes in the Scope of Services. 3. If there is a modification of I1)NR requirements relating to the Services to be performed under this Agreement subsequent to the date of execution of this Agreement,the increased or decreased cost of performance of the Services provided for its this Agreement will be reflected in an appropriate modification of this Agreement. Extension of Services This Agreement may be extended for additional Services upon OWNI;R's authorization. Extension of Services will be provided for a lump sum or all hourly rate plus expenses. Payment OWNER shall make monthly payments to ENGINEER far Services performed in the preceding month based upon monthly invoices. Nonpayment 30 days after the date of receipt of invoice may. at ENGINE ER's option,result in assessment of'a I percent pet,month carrying;charge on the unpaid balance. Nonpayment 45 days after the date of receipt of invoice may. at ENGINFEWs option, result in suspension of Services upon five calendar days' notice to OWNER. E.NGINE;ER will have no liability to OWNER,and OWNER agrees to make no claim for any delay or damage as a result of such suspension caused by any breach ofthis Agreement by OWNER. Upon receipt of payment in full ofall outstanding stens due from OWNER, OF curing ol'such other breach which caused ENGINEER to suspend Services. I:NGINEI:It will resume Services and there will he an equitable adjustment to the remaining project schedule and compensation as a result 01'111C Suspension. Gal jqn,It r411A1"AY Ill i M I W I W,A,IRAuh 74+1 AW 4,0,4 uknk— Page 287 of 394 `.;11:1111[ A: .1?{arilcr*, Irtt; City of Waterloo Page 5 September 9, 2021 Data Provided by Others ENGINEER is not responsible for the quality or accuracy of' data nor for the methods used in the acquisition or development of any such data where such data is provided by or through OWNI=.R. contractor, or others to ENGINEER and where I-NGINEER's Set-vices are to be based upon such data. Such data includes, but is [lot limited to, soil borings,groundwater data, chemical analyses, geotechnical testing, reports,calculations, designs,drawings, specifications, record drawings,contractor's marked-up drawings. and topographical surveys. Termination phis Agreement may be terminated with cause ill whole Or in part in writing by either party subject to a two-week notice and the right ofthe party being terminated to meet and discuss the termination bcl*ol.c the termination takes place. ENGINEER will be paid for all completed or obligated Services up to the date of termination. Third-Party Beneficiaries, Nothing contained in this Agreement creates a contractual relationship with or a cause of action in favor of a third party against either OWNER or ENGINEER. E;NGINE:EWs Services under this Agi-cenient are being perlormed solely for OWNER's benefit, and no other party or entity shall have any ciaim against I NGiNE R because of this Agreement or the performance or nonperformance of Services hereunder. OWNER and ENGINEER agree to require a similar- provision in all contracts with contractors. subcontractors, subconsultants, vendors, and other entities involved in this project to carry out the intent of'this provision. Dispute Resolution Except as may be otherwise provided in this Agreement, all claims. counterclaims, disputes, and other matters in question between OWNER and ENGINEER arising,out of or relating to this Agreement or the breach thereof will be decided first by mediation. if the parties mutually agree, or with a bench trial in a Court of'competent.jurisdietion within the State of Iowa. "Germs and Conditions The terms and conditions ofthis Agreement will apply to the Services defined in the Scope of Services, OWNER-supplied purchase order is for processing payment only'. terms and conditions on the purchase order shall not apply to these Services. IN WITNESS WHE'REOF the parties hereto have made and executed this Agreement. ENGINEEIR: OWNER: STRAND ASSOCIATES. INC.' CITY OF WATERLOO -- M. I la ----- --- ??,o 4( nl -il� r•[ Date .lo h M. Bunker IYatc I- cfr h!,i t a e Quentin Corporate Secretary Mavor SK11 tj),-k \1h1/ ,l-'Nal711 ,.(,1114 IIAlarWI 111'M 1ai11crk-,ikrhah 7071..,.1!1 4.11.1,1io h.. i r ,1 d , 111,- Page 288 of 394 CITY OF WATERLOO , IOWA Waste Management Services 3505 Easton Avenue • Waterloo, IA 50702 • Phone(319)291-4553• Fax(319)291-4523 Mayor QUENTIN Date: September 10, 2021 HART To: Waterloo Mayor and Council COUNCIL From: Brad Manahl, Interim Treatment Operations Supervisor, Waste Management Services MEMBERS RE: Agreement for Design Services Final Clarifier No. 3 Rehabilitation Waste Water Treatment Plant MARGARET KLEIN Background Discussion: Ward I JONATHAN This agreement provides Design Services for Final Clarifier No. 3 rehabilitation on the Easton side GRIEDER of the waste water treatment plant.The IDNR has listed this rehabilitation work on the City's last Ward inspection report in 2019 as a requirement. The Easton facility has four final clarifiers in its PATRICK footprint.The final clarifiers are vital for treatment and are really crucial when we experience MORRISSEY high hydraulic loadings to help prevent bypasses at the treatment facility. Anticipated repairs Ward 3 include removal of the grout topping at the base slab of the tank, removal and replacement of JEROME pressure relief valves and rehabilitation the clarifier equipment. AMOS,JR. Ward 4 RAY FEUSS Recommended Action: Ward 5 It is recommended that the City Council approves the agreement for design services with Strand SHARON Associates, from Madison, WI for a lump sum total of$45,000.00. NON At-Large DAVE BOESEN At-Large WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 289 of 394 CITY OF WATERLOO Council Communication Resolution approving Ice Rental Rates Schedule for the 2021-2023 Seasons. City Council Meeting: 10/4/2021 Prepared: 9/14/2021 ATTACHMENTS: Description Type ❑ Ice Rates Recommendation Backup Material SUBJECT: Resolution approving Ice Rental Rates Schedule for the 2021-2023 Seasons. Submitted by: Submitted By: Mark Gallagher, Recreation Superintendent Recommended Action: Approve rates as recommended by the Leisure Services Commission at their 9-13-21 meeting. The attached rate change proposal would raise the hourly contracted ice rate for the 2021-2022 and 2022-2023 seasons from$175.00/hour to 190.00/hour Summary Statement: and the non-contracted rate from$185.00/hour to $200.00/hour. Rates have not been raised for 3 seasons. Approving a 2 year rate allows user groups to budget accordingly. Page 290 of 394 I r Young Arena Ice Rates 2018-2023 E Year Contracted Non Contracted 2018-2019 $175.00 $185.00 2019-2020 $175.00 $185.00 2020-2021 $175.00 $185.00 p v n 3 D wY Warrior High School Hockey Team — Monthly Practice / Game Fee (Oct-Feb) Current Rate $3,500.00 per month ------ Proposed Rate $4,000.00 per month **Rates to begin October 2021 and run thru September 30t" 2023** Contracted=Ice user groups renting 20 hours or more per year. 2021-2022 Iowa Ice Arena Ice Rate Comparisons "rates are based on (I) hour of ice rental Cedar Rapids, ImOn Ice Arena E primary groups - $220.00 non-primary groups - $250.00 Dubuque, Mystique Ice Center - $250.00 Mason City Ice Arena - $200.00 I' Des Moines, 1MlidAmerican Energy RecPlex (Oct-March) - $275.00 (April-Sept) - $250.00 AmesJSUIce Arena Prime (M-F 3pm-12am & Sat/Sun 7am-12am) $280.00 Non-prime Hours (M-F 6am-3pm) $220.50 Page 291 of 394 CITY OF WATERLOO Council Communication Resolution approving Second Amendment to a Lease Agreement with the State of Iowa, represented by the Iowa Armory Board, originally executed August 26, 2019, waiving requirements for the construction of parking and fencing improvements on the premises, within two years after the date of the Lease Agreement, for property located north of 3106 Airport Boulevard, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 10/4/2021 Prepared: 9/21/2021 ATTACHMENTS: Description Type ❑ Map of Lease area Backup Material ❑ Lease Agreement Backup Material ❑ Amendment#1 Backup Material ❑ Amendment#2 Backup Material Resolution approving Second Amendment to a Lease Agreement with the State of Iowa, represented by the Iowa Armory Board, originally executed SUBJECT: August 26, 2019, waiving requirements for the construction of parking and fencing improvements on the premises, within two years after the date of the Lease Agreement, for property located north of 3106 Airport Boulevard, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval. The National Guard is looking to expand their footprint in Waterloo. The City of Waterloo has owned land adjacent to their site since 1997 and has been leasing a portion of that land to the National Guard since 2006. With the space the National Guard will be constructing additional buildings and will also have more space for truck parking/maneuvering. The new facilities will Summary Statement: also allow for additional training to take place in Waterloo for surrounding National Guard units. This amendment will allow the National Guard to construct the parking lot and fence when they construct their new buildings. Construction is set to begin in 2025. Data/Analysis and Strategies: Land Use Implementation,Accountability, N/A and Communication: Expenditure Required/Source of None Funds: Page 292 of 394 Lease Area Description: PARCEL 1: TRACT A, MIDPORT AMERICA PLAT NO.1, CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA. and PARCEL 2: TRACT B, MIDPORT AMERICA PLAT NO.1, CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF Legal Descriptions: IOWA,EXCEPT: That part of said Tract"B" lying North of a line which begins at a point on the East line of Tract"B" which is Four Hundred Twenty(420.0) feet South of the Northeast corner of said Tract"B", thence N90°00'00"W Seven Hundred Ninety(790.0) feet to the West line of said Tract "B" and point of termination. ALSO except: The North 100 feet of the West 360 feet of that part of said Tract"B"lying south of the parcel shown on the Plat of Survey recorded in City Lot Deed Book 665, at Page 403, in the records of the Black Hawk County Recorder. Page 293 of 394 VJ0RTr 6E�s f -- - - MIDPORT BLVD - - - , 'rim I a$ ti w 1. -1 a �s► �!` � '-7�-_.,'.,',• . WAIRLINE HWY --- JA FRO LU z �r ' I m 1 - o _-- �BROADWAYST N W�E Citi] of Waterloo,Iowa S Page 294 of 394 Please return this copy ta: City Clerk&Finance Dept. 715 Mulberry St. Waterloo,IA 50703 LEASE -MUNICIPAL PROPERTY Recorder's Cover Sheet Preparer Information: (name, address and phone number) Seth D. Dodge, 4201 Westown Parkway, Suite 250,West Des Moines, IA 50266, Phone: (515) 283- 1801 1 LT Seth D. Dodge,JAG 671 st TC,JFHQ, IANG Taxpayer Information: (name and complete address) State of Iowa %Iowa Armory Board 7105 Northwest 70th Ave. Johnston, IA 50131 Return Document To: (name and complete address) Iowa Armory Board 7105 Northwest 70th Ave. Johnston,IA 50131 Grantors: City of Waterloo Grantees: State of Iowa, Iowa Armory Board Legal Description: See Page 2 Page 295 of 394 LEASE AGREEMENT FOR CITY-OWNED PROPERTY This Lease Agreement (hereinafter, the "Agreement") made the Ib `day of Lc�� 2019,between the City of Waterloo, a municipal corporation,hereinafter referred to as the"Lessor"and the The State of Iowa, represented herein by the Iowa Armory Board,pursuant to Iowa Military Code, Chapter 29A.57, or its successor provision, hereinafter referred to as "Lessee" (collectively referred to as "the Parties"). WITNESSETH: 1. PREMISES. The Lessor hereby leases to the Lessee the following premises, locally known as the Iowa National Guard Armory and Field Maintenance Shop,3106 Airport Blvd., Waterloo, Iowa(and adjacent property), and legally described as follows(hereinafter,the "Premises"): PARCEL l: TRACT A, MIDPORT AMERICA PLAT NO.1, CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA. and PARCEL 2: TRACT B, MIDPORT AMERICA PLAT NO.1, CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA,EXCEPT: That part of said Tract "B" lying North of a line which begins at a point on the East line of Tract "B" which is Four Hundred Twenty(420.0) feet South of the Northeast corner of said Tract "B", thence N90°00'00"W Seven Hundred Ninety (790.0) feet to the West line of said Tract "B" and point of termination. ALSO except: The North 100 feet of the West 360 feet of that part of said Tract `B" lying south of the parcel shown on the Plat of Survey recorded in City Lot Deed Book 665, at Page 403, in the records of the Black Hawk County Recorder. 2. INITIAL TERM. The term of this Agreement shall be for a period of fifty(50) years commencing on the first day of , 2019 and ending on the last day of , 2069. Lessee shall have the option to renew this Agreement as provided in Section 3, or otherwise by mutual written agreement of the parties. 3. OPTION TO RENEW. So long as Lessee is not in default under the terms and provisions of this Agreement during the final six (6)months of the initial term, Lessee shall have the right and option to renew this Agreement for an additional fifty-year term("Option Term") with the same terms and upon the same covenants, conditions and provisions provided in this Agreement. Lessee shall exercise such option, if at all,by giving written notice to Lessor not less than ninety(90) days prior to the expiration of the initial term. If Lessee fails to give such notice to Lessor, the Parties covenant and agree that the Page 296 of 394 terms of this Agreement shall continue in force and effect for successive terms of one (1) year each, until such time as the Lessee shall give notice of termination or as otherwise agreed by the Parties. 4. TERMINATION. Lessee may terminate this Agreement at any time upon thirty (30) days' advance written notice to the Lessor. Said notice shall state the effective date of the termination,which date shall not be less than 30 days from the date of written acknowledgment of receipt by Lessor,or from the date of mailing said notice to Lessor. 5. CONDITION OF PREMISES UPON TERMINATION. The Parties acknowledge that the Lessee has developed and improved the Premises, including the installation of several buildings. The Parties further acknowledge that Lessee intends to continue to improve the Premises at its discretion. Upon termination of this Agreement, the Lessee is not obligated to restore the Premises to its previous condition. Lessor acknowledges that the improvements may remain with the Premises in their then- current condition. Lessee is neither obligated to remove any structures or improvements, nor restricted from removing any structures or improvements,upon termination. 6. RIGHT OF FIRST REFUSAL. Lessor hereby grants to Lessee, a right of first refusal to purchase the Premises. Such right of first refusal shall continue during the term of this Agreement, as well as any extension or renewal period. Lessor shall promptly notify Lessee of any bona fide offer for sale of the Premises. Upon receipt of such notice, Lessee shall have sixty (60) days to exercise its right of first refusal.Lessee shall have the right to complete any due diligence to review the third-party offer in order to determine if it is a bona fide offer in good faith. If Lessee exercises its right of first refusal, such transaction shall be on substantially similar terms to the third-party offer. Any purchaser, or successor in interest to the Lessor, shall take title subject to the provisions of this Agreement. ZD 7. POSSESSION. The Parties acknowledge that Lessee is currently in possession of the Premises. 8. RENT. Lessee agrees to pay Lessor rent of fifty dollars ($50), due and payable on the first day of the Initial Term 9. LEASE TERMINATIONS. The Parties hereby agree to terminate the following existing lease agreements with the City of Waterloo and the State of Iowa, Iowa Armory Board, or Iowa National Guard, impacting the premises, effective on the first day of July 2019: A) Lease Agreement dated 9 September,2002 (Midport America Park Plat 1,Tract A),which lease was recorded on 27 September,2003, in Book 2003,Page 08346 of the County Records. B) Lease Agreement dated 19 June 2006 (South 125' of Tract B, Midport America Plat 1),which lease was not recorded. 10. CARE AND MAINTENANCE. Lessee agrees to maintain the Premises in a safe, serviceable, clean and presentable condition, except for repairs and replacements to be made by Lessor. Lessee shall snake all repairs, replacements and improvements to the improvement on the Premises. Lessee may make any such improvements, structural changes, or alterations without the prior written consent of Lessor. 11. UTILITIES AND SERVICES. Lessee shall pay for all utility services utilized by Lessee within the Premises, including heat,water(including sewage charges and/or taxes based on water consumption), gas,utility and any other utility services used or consumed by Lessee within the Premises. Lessor shall not be liable for damages for any utility failures, or for any stoppage for needed repairs or for 2 Page 297 of 394 improvements of utilities or arising from causes beyond the control of Lessor, provided Lessor uses reasonable diligence to resume such services if such services are provided for,maintained by,or under the control of Lessor. 12. IMPROVEMENTS. Lessee may construct, own and maintain at Lessee's expense, all improvements on the premises. In connection with any physical improvements that Lessee desires to make to the Premises, Lessee will provide a site plan to Lessor for review. Construction of improvements shall be in substantial conformance with plans as submitted to Lessor. Lessee shall provide written notice to Lessor of any substantial change to the plans prior to completion of the improvements. Within 2 years from the date of this Agreement, Lessee shall commence construction of parking and fencing improvements on the premises. Within 10 years from the date of this Agreement, Lessee shall substantially complete construction of a National Guard field maintenance shop on the premises. Any fence installed around the facility shall be located on the premises. The improvements may include a means of allowing storm water to flow through the Premises if deemed necessary by Lessor or county, and any storm water plan is subject to approval by Lessor. Lessee acknowledges that there are certain sanitary sewers on the Premises, and Lessee agrees to provide reasonable access to the Premises as requested by Lessor to allow maintenance of the sanitary sewer system. , Lessor agrees that it will work with Lessee in good faith to abandon or relocate the existing sanitary sewer if necessary for the completion of such improvements. 13. PERMITS. Lessee shall obtain and maintain, at Lessee expense, all permits necessary for operations. 14.ASSIGNMENT/SUBLET. Lessee may assign, transfer, sublease, pledge, surrender or otherwise encumber or dispose of this Agreement or any portion thereof to a governmental entity without the prior written consent of the Lessor, provided that Lessee shall promptly provide written notification to Lessor of any such action. 15. INSURANCE. A.PROPERTY INSURANCE. Lessor and Lessee may keep insurance policies on their respective interests in the Premises. To the extent permitted by any such policies,the Lessor and Lessee each waive all rights of recovery against each other. B. LIABILITY INSURANCE. Lessee is not required to carry liability insurance. 16.LIABILITY FOR DAMAGE. Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their officials, agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy. 17. REAL ESTATE TAXES. The Lessee shall be responsible for payment of any real estate taxes levied against the premises or any improvements thereon. 18. DAMAGE. In the event of damage to the premises,such that Lessee is unable to conduct its operations on the premises, this Agreement may be terminated at the option of either party. Such termination shall be effected by notice of one party to the other within 30 days after such notice; and both parties shall thereafter be released from all future obligations hereunder. 19.MECHANICS'LIENS.Neither Lessee, nor anyone claiming by,through, or under Lessee, shall have the right to file any mechanic's lien against the premises. 3 Page 298 of 394 20. SIGNAGE.Lessee shall at Lessee's expense be permitted to place its signage upon the building facade and any monument sign on the Premises with available space. 21. DEFAULT,NOTICE OF DEFAULT AND REMEDIES. A) EVENTS OF DEFAULT.Each of the following shall constitute an event of default by Lessee: (1) Failure to pay Rent when due; (2) failure to observe or perform any duties, obligations, agreements, or conditions imposed on Lessee pursuant to the terms of the Agreement, including but not limited to the requirement to complete construction of improvements as set forth in Section 12; or(3) abandonment of the Premises. "Abandonment" means the Lessee has failed to engage in its usual and customary operations on the Premises for more than six (6)consecutive months. B) NOTICE OF DEFAULT. Lessor shall give Lessee a written notice specifying the default and giving the Lessee three(3) months in which to correct the default. Consent to additional time shall not be unreasonably withheld by Lessor. Notice pursuant to this subsection shall be by regular and certified mail to the Iowa Armory Board, the Adjutant General's office, the Iowa Attorney General, and to the Staff Judge Advocate for the Iowa Army National Guard, at the last known address of each. C) REMEDIES. In the event Lessee has not remedied a default in a timely manner following a Notice of Default,Lessor is limited to the following remedy: Termination. Lessor may declare this Agreement to be terminated and shall give Lessee a written notice of such termination. Notice pursuant to this subsection shall be by regular and certified mail to the Iowa Armory Board, the Adjutant General's office, the Iowa Attorney General, and to the Staff Judge Advocate for the Iowa Army National Guard, at the last known address of each. 22. CONDITION OF PREMISES. It is understood by and between the Parties herein that the Lessee accepts the premises in their present, AS-IS condition, without any representation or warranty by Lessor as to the condition of same or their suitability for any particular purposes. The parties acknowledge that Lessee has occupied a portion of the Premises for more than 15 years and is fully familiar with the condition and attributes of same. 23. USE OF PREMISES. The Lessee will use said premises pursuant to its own operational discretion, subject to applicable law. 24. MAINTENANCE. The Lessee agrees to provide for maintenance, mowing and snow removal of the Premises. Unless expressly stated to the contrary, Lessee's exercise of any right, option, privilege or remedy under or in relation to this Agreement shall be at the sole cost and expense of Lessee,without reimbursement or contribution by Lessor. 25. EASEMENTS. Lessee acknowledges that this Agreement is subject to any existing easements, covenants, or restrictions of record. 26.NOTICES AND DEMANDS. All notices shall be given to the Parties hereto at the addresses designated unless either parry notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication,such notice shall be considered given under the terms of this Agreement when it is deposited in the U.S. Mail,registered or certified,properly addressed,return receipt requested, and postage prepaid. 4 Page 299 of 394 27. SEVERANCE. Any provision contained in the Agreement which is unenforceable shall not affect the enforceability of the remaining provisions. 28. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the Parties.None of the covenants, provisions, terns or conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both Parties and delivered to the Lessor and Lessee. 29. PROVISIONS BINDING. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, assigns and transferees of the Parties. IN WITNESS WHEREOF, the Parties have entered into this Lease Agreement on the date appearing in the first paragraph hereof. LESSOR CITY OF WATERLOO By: S s 1. .1 GAtQ At- Quentin Hart,Mayor Attest: �Vd" �bj�� Kelley Felch f, City Clerk STATE OF IOWA, COUNTY OF BLACK HAWK) ss. On the )-1' day of , 2019, before me, the undersigned, a Notary Public in and form this state and county, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who, before me duly sworn, did say that they are the MAYOR and City Clerk, respectively, of said City executing the within and foregoing instrument, that said instrument was signed and sealed on behalf of said City by authority of its City Council;and that the said MAYOR and City Clerk acknowledge the execution of said instrument to be the voluntary act and deed of said City,by it and by them voluntarily executed. NANCY HIGBY Notary ubli * commISSION NO.788229 MY WM-IS§�O EEXPIRES ow� s ��O 5 Page 300 of 394 LESSEE IOWA ARMORY BOARD ,t by om C��l� 1 Gar... • E Mme C��� .j 1 (3rA Chairman, Iowa Armory Board STATE OF IOWA, COUNTY OF ss. On the !o day of a,- , 20x1,before me, the undersigned, a Notary Public in and form this state and county, perscCrially appeared Cwt' P"- _4:7�,esC— , to me personally known, who, before me duly sworn, did say that they are a Qucp f�,2n�c�s{� , of the IOWA ARMORY BOARD, executing the within and foregoing instrument, that said instrument was signed on behalf of said IOWA ARMORY BOARD;and that the said 6�6i Icer ,'V�c�s lei , acknowledge the execution of said instrument to be the voluntary act and deed of said IOWA ARMORY BOARD,by it and by them voluntarily executed. Notary Public in and for said County ,c.ty+Ac6' DAWN K BAUMUNK o Commission Number X307925 C z My Commission Expires /oWP ° December 14, 2020 1 6 Page 301 of 394 AMENDMENT #1 to LEASE AGREEMENT for CITY-OWNED PROPERTY This Amendment made and entered into this day of 20 , by and between the City of Waterloo, Iowa (hereinafter referred to as "Lessor"), and the Armory Board, State of Iowa (hereinafter referred to as "Lessee"). Whereas, the Lessee entered into a Lease Agreement with Lessor which is dated the 26th day of August, 2019, hereinafter referred to as the "Lease Agreement"; Now, therefore, for and in consideration of the covenants and agreements contained in the Lease Agreement, it is hereby agreed by and between the parties to amend the Lease Agreement as follows: 1. Effective on and after August 26, 2019, Sections 2 and 3 are deleted in their entirety and replaced as follows: 2. INITIAL TERM. The term of this Agreement shall be for a period of twenty (20) years commencing on the first day of March, 2020 and ending on the last day of February, 2040. Lessee shall have the option to renew this Agreement as provided in Section 3, or otherwise by mutual written agreement of the parties. 3. OPTION TO RENEW. So long as Lessee is not in default under the terms and provisions of this Agreement, Lessee shall have the right and option, at its sole discretion, to renew this Agreement for four successive twenty-year terms ("Option Terms")with the same terms and upon the same covenants, conditions and provisions provided in this Agreement. Lessee shall exercise such option, if at all, by giving written notice to Lessor not less than thirty (30) days prior to the expiration of the existing term. 2. Except as specifically amended herein, the terms and conditions of the Lease Agreement remain unchanged and in full force and effect. Terms and phrases not defined in the Amendment shall have the meaning ascribed to them in the Lease Agreement. Page 302 of 394 CITY OF WATERLOO: ARMORY BOARD, STATE OF IOWA: APPROVED BY: By: Mayor State Quartermaster ATTEST: City Clerk State of Iowa ) ): ss: County of Black Hawk ) This instrument was acknowledged before me on 2019, by Quentin Hart as Mayor of the City of Waterloo and by Kelley Felchle as City Clerk of the City of Waterloo. Notary Public State of Iowa ) ): ss: County of Polk ) This instrument was acknowledged before me on 2019, by Gary A. Freese as State Quartermaster of the Armory Board, State of Iowa. Notary Public Page 303 of 394 AMENDMENT #2 to LEASE AGREEMENT for CITY-OWNED PROPERTY This Amendment made and entered into as of , 2021, by and between the City of Waterloo, Iowa ("Lessor"), and the Armory Board, State of Iowa ("Lessee"). Whereas, the parties entered into a certain Lease Agreement for City-Owned Property dated August 26, 2019 (the "Lease Agreement"); Now, therefore, in consideration of the premises and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree to amend the Lease Agreement as follows: 1. Lessor hereby waives the requirement set forth in Section 12 of the Lease Agreement that Lessee must commence construction of parking and fencing improvements on the premises within two (2) years after the date of the Lease Agreement. 2. Except as specifically amended herein, the terms and conditions of the Lease Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA ARMORY BOARD, STATE OF IOWA By: By: Quentin Hart, Mayor Michael J. Harris State Quartermaster Attest: Kelley Felchle, City Clerk [acknowledgments on next page] Page 304 of 394 State of Iowa ) ) ss: County of Black Hawk ) This instrument was acknowledged before me on 2021, by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public State of Iowa ) ss: County of Polk ) This instrument was acknowledged before me on 20215 by Michael J. Harris as State Quartermaster of the Armory Board, State of Iowa. Notary Public 2 Page 305 of 394 CITY OF WATERLOO Council Communication Resolution approving an Early Access Agreement with Koelker Properties, LLC to allow fill and earth-moving activities in preparation of development of the site west of 3180 West Airline Highway, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/4/2021 Prepared: 9/21/2021 ATTACHMENTS: Description Type ❑ Early Access Agreement Backup Material ❑ Aerial Map Backup Material Resolution approving an Early Access Agreement with Koelker Properties, SUBJECT: LLC, to allow fill and earth-moving activities in preparation of development of the site west of 3180 West Airline Highway, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Koelker Properties, LLC wishes to enter into a an Early Access Agreement with the City of Waterloo to develop the site and the additional fill is needed for the development plan. Future plans are to enter into a development Summary Statement: agreement with the city for new construction. The developer constructed a new 12,300 square foot building directly to the east of this location at 3180 West Airline Highway in 2019 and plans are proceeding to begin construction of another 10,000 square foot building on that same property. Neighborhood Impact: The request to bring in the fill to prep the site for development would not appear to negatively impact the area as long as it is properly contained. Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Data/Analysis and Strategies: environment to attract population to Waterloo, create new tax base, new investment in TIF areas Expenditure Required/Source of None Funds: Alternative: Not approve Parcel"E" of Plat of Survey Doc. No. 2016-11511 of pat of the Southeast Legal Descriptions: Quarter of Section 5, Township 89 North, Range 13 West of the 5th P.M, Waterloo, Black Hawk County, Iowa Page 306 of 394 EARLY ACCESS AGREEMENT This Access Agreement (the "Agreement") is entered into as of� by and between the City of Waterloo, Iowa ("City"), and Koelker Properties LLC "Contractors". WHEREAS, City has acquired ownership of real property generally described as west of 3180 West Airline Highway located in the Easy Waterloo Unified Urban Renewal District and designated as parcel number 8913-05-476-010 on the Black Hawk County website; and WHEREAS, Contractors desire to enter into a Development Agreement with City for construction on said lot, but more immediately need to add fill to the site for future construction, in accordance with stormwater regulations and procedures for such, and City is willing to allow them access to the Property for this purpose, subject to the terms of this Agreement. NOW, THEREFORE, in consideration of the future transactions contemplated by the parties as described above, and in consideration of the mutual promises exchanged herein, the parties agree as follows: I. City hereby grants to Company the right to enter upon the Property to begin development activities, including but not limited to surveying, grading and bringing fill dirt onto the property. The term of this Agreement shall be from the date hereof until the date that City delivers a deed to Company for the Property. Company's right to conduct its activities upon the Property are expressly made subject to prior receipt of applicable zoning, building, engineering, and other regulatory approvals. Until City delivers a deed to Company, Company may not pour footings or foundations or otherwise begin any work of constructing improvements. 2. Company shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $2,000,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Company, its employees, contractors and agents, and shall protect the City, its officers, officials, employees, and agents, against any and all claims, damages, costs or expenses (including but not limited to reasonable attorneys' fees and expenses) arising from or in connection with injury or death to any person or persons, or loss of or damage to property, by reason of any casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, shall be delivered to City before Company, its employees, contractors, or agents, enter upon the Property for any propose. 3. Company agrees to be responsible for any liability which may arise out of the acts or omissions of Company, its employees, agents and contractors, on or about the Property, and in said connection Company agrees to indemnify and hold harmless City, its officials, officers, employees and agents, from and against any and all claims, demands, actions, causes of action, damages, costs, fines, penalties, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, arising out of said acts or omissions, whether sounding in law or equity, in tort or contract, by statute, or otherwise. The duties of Company under this paragraph shall survive the expiration or termination of this Agreement. Page 307 of 394 4. If for any reason the contemplated sale and purchase of the Property between the parties is canceled or otherwise does not occur, then Company shall promptly remove from the Property all of its personal property and materials or debris that it has deposited on the Property during the terra hereof and restore, as nearly as possible, the condition of the Property to that which existed upon Company's initial entry upon the Property hereunder, except as otherwise permitted by express written consent of City. S. Notwithstanding this Agreement, the parties agree to work cooperatively in good faith to finalize the terms of a development agreement in respect of the Property as expeditiously as possible. G. The rights and duties of Company ander this Agreement may not be assigned without the prior written consent of City. This Agreement is the entire agreement of the parties concerning the subject matter hereof. It may not be modified or amended without the prior written consent of the parties. This Agreement is binding on the parties and the respective successors and assigns of each. This Agreement may be executed in multiple counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA _�'/IM By� Af _ Quentin Hart, Mayor for Koelker Properties LLC Attest: _ Kelley Felchle, City Clerk 2 Page 308 of 394 KOELEXC-01 RFRANKS CERTIFICATE OF LIABILITY INSURANCE DATE(MM,DDIYYYY) 9117/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A Statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: The Accel Group LLC PHONE _ -- FAX -- 5500 Fountains Dr NE Suite 201 IA1c,No,Ext):(319)365-8611 I(AIC,No):(319)365-6919 _ E-MAIL Certs acceladvanta e.com Cedar Rapids, IA 52411 E-MAILADDRESS: @ 9 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Integrity Select 10288 INSURED INSURER B:Integrity Mutual Insurance COmpany 14303 Koolker Properties, LLC INSURER c 6245 Partners Ave INSURER D: Marion,IA 52302-4733INSURER E ...............—_-- — __-- INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE; POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUFO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN RFDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR SD WVO MM DD YY IDDIYYYY A TMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000,000 CLAIMS-MADE X OCCUR CPP2838294 711!2021 7!112022 DAMAGE TO RENTED 100 000 _PREMLSES.(ra occurrence), $ -- MED EXP tAny ane parson} g 5,000 IN�uay 1,006,"666 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO X POLICY 2,000,000 X JEGT LOC PRODUCTS-COMPIOP AGG S OTHER: $ A I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO CA 2838295 7/1/2021 7/112022 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS CNLY AUTOS i BODILY INJURY Per accidenQ HIRED NON-OWNED I PROPERTY DAMAGE .__..._. AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE CUP 2838297 7/1/2021 711)2022 AGGREGATE $ 1,000,000 QED I X I RETENTIONS 0 B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN WCP2838296 77112021 71112022 500,000 ANY PROPRIMB RlPARXECUTiVE EL GHAqi ID] NT $, _ OFFICERIMEMBER EXCLUDED ? N 1 A � - --- (Mandate ns NH) - n' _F,I,.DISEASE EA EMPLOYEE$ __ 500,000 _ II ye S,describe!ruder 500,000 DESCRIPTION OF OPERATIONS below E.L.OTSFASE-POLICY LIMIT I$ A Equipment Floater CPP2838294 7/1/2021 711/2022 Lease/Rented 185,000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (AGORD 161,Addiilona€Remarks Schedule,may be atiached If more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Waterloo THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS, 715 Mulberry St Waterloo,IA 50703 AUTHORIZED REPRESENTATIVE 6 ACORD 25(2016103) !�o' 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 309 of 394 m�> tZ � Q tv • 4:- Y r. x 1 WAIRLINE HWY 01 i � a µf `R — GERALDINE i a' 218 N Citi of Waterloo Iowa WE CITY OF WATERLOO Council Communication Resolution concurring with the determination of the City Planner that the proposed changes to an approved site plan in the"M-2,P"Planned Industrial District, to enlarge an approved 170,000 square foot building to 200,364 square feet, and approve a second access point to Leversee Road, as minor, located east of 2322 Leversee Road. City Council Meeting: 10/4/2021 Prepared: 9/22/2021 ATTACHMENTS: Description Type ❑ Approved Site Plan Backup Material ❑ Proposed Site Plan Changes Backup Material Resolution concurring with the determination of the City Planner that the proposed changes to an approved site plan in the"M- SUBJECT: 2.P" Planned Industrial District, to enlarge an approved 170,000 square foot building to 200,364 square feet, and approve a second access point to Leversee Road, as minor, located east of 2322 Leversee Road. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Transmitted is a request concurring with the determination of the City Planner that the proposed changes to an approved site plan in the"M- 2,P"Planned Industrial District to enlarge an approved 170,000 square foot building to 200,364 square feet and approve a second access point to Leversee Road are minor. This approval as minor does not include, and staff is reserving the right for a future building/covered storage area and test center building to come back through the full Site Plan Amendment process, located east of 2322 Leversee Road. The initial site plan turned in by St. Martin Land Co. on the behalf of CPM Acquisition Corp. was approved on June 7, 2021 and it showed a 120,000 square foot building with a future 20,000 addition and an office area of 20,000 square feet with a proposed 10,000 square foot addition, totaling 170,000 square feet. Also, only one ingress/egress point was shown on the original plan onto Leversee Road. The applicant has turned in a new site Summary Statement: plan that shows a warehouse/manufacturing space of 140,625 square feet with a future addition of 37,500 square feet and the office area is now 22,239 square feet for a total building area of 200,364 square feet. The Zoning Ordinance allows for minor changes to approved site plans when not increasing the building size by more than 50 percent. The change in the size of the building is an increase in area of 17.8 percent and adding the second ingress/egress point to Leversee Road would not appear to have a negative impact on traffic conditions. The new site plan does show a proposed test Page 311 of 394 center west of the new building and a future building or covered storage area to the east. Staff is reserving the right to have these two buildings come back through the full Site Plan Amendment process, which involves review by the Planning and Zoning Commission and City Council. Therefore, staff requests concurrence that the proposed changes to the approved site plan to increase the building size by 17.8 percent and have a second ingress/egress point to Leversee Road are minor changes. Neighborhood Impact: Data/Analysis and Strategies: Zoning, Land Use, Economic Development, and Strategic Plan Goals 1, 3, and 4. Expenditure Required/Source of None Funds: The West 1/2 of the Southwest 1/4 of Section 32, Township 90 North, Legal Descriptions: Range 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, except road. Page 312 of 394 0 4 • ' ' WARP DRIVE I f LONE TREE ROAD ' +" r' EXTENSION ° I y. k AR C H I T I C T U R I P.0.13-1240 Cedar Falls,IA 50613 319.277.5636 319.277.5639 fax leviarchitecture.com ©Copyright 2021 Drawings&specifications,ideas, F I k \•\ dare ran &sholl Tremain the property nofd the architect&no part shall be copied or disclosed to others or •'� �. used in connection with any work or -I project other than the specified project for whithey have been 1 ;[X.:.: w c `v • ,' •,i he written consent oprepared chhe architect.Visual contact with •'.\ these drawings&specifications shall constitute conclusive evidence of acceptance of these restrictions. ' •�.E'* Y. - Yt41 I •I� •�• Tom,• I m,r� I I �101'v I ; •. I . I r I 9.96 ACRES +I I (434,000 SF) I . I — - c 71 PROPOSED 000 SEDITION i \ ` I I 80'X250' S# >1 80'X250' 20 ACRES I -1- fi_rt- (871 ,200 SF) E 0 � - • � • V a� 120,OOOS - =3 to 480'X250' ® PROPOSED –– – I J L) _ ADDITION _ >� _ 10,000 SF 80'X125' x—x O I - - - - •• _ L O mrn T .. I • a W w I� V) � � cn l u u ISI y k • x x •I - J A1 ,00 k r _. I-� - - — - - - - - - r Date: SIH PLAN - -- - - - - - -- -- - - April 19, 021 - _ r N n If ^A w E LAKE STEET — S c e l e: 1 = 200'-0" r lel .31 Of 394 (FUTURE EXTENSION) dd St. Martin Land Company Manufacturing Development MidPort America Business Park Waterloo) Iowa NORTH ELEVATION SOUTH ELEVATION EAST ELEVATION SIGNAGE ---- ------------------------- -- - WEST ELEVATION Page 314 of 394 ha CH 111 CTURI St. Martin Land Company ManufacturingDevelopment MidPort America Business Park Waterloo) Iowa CORRUGATED MTL.PANELS,TYP. PREFIN.SHT. MTL.COPING,TYP. PEMB PANELS,TYP T.O.WALL +32'-011 - - - LL - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- --------------------------------------- -------- --- ------- ------------------------------------------ -- +23'0" - ----- -------------------------------------- WALL ---------__---------------- _--___--WALL N A- o; - - - ACM PANELS,TYP. --- - - - - - ------ --- MA-UIN F +0' " LOOR LOOK IL - BLACK ANODIZED STOREFRONT BLACK ANODIZED ALUM. DOOR& BLACK ANODIZED ALUM. ACM PANELS,TYP. PRECAST PANELS,TYP. ACM PANELS,TYP. FRAMING&THERMAL GLAZING,TYP. STOREFRONT FRAMING,TYP. WINDOW FRAMING& THERMAL GLAZING,TYP. WEST ELEVATION LV 'I L Page 315 of 394 ARCHITICTURI St. Martin Land Company ManufacturingDevelopment MidPort America Business Park Waterloo) Iowa - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - T.O.WALL_ PREFIN.SHT.MTL. PEMB PANELS,TYP. PRECAST PANELS,TYP. CORRUGATED MTL. PANELS,TYP. ACM PANELS,TYP. COPING,TYP. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - T.O.WALL ------------ - - - - - - - - - - - - +23' --- - ---- - - -- -- -- -- - T.O.WALL _ ACM PANELS,TYP. BLACK ANODIZED 71r 7 1STOREFRONT FRAMING& THERMAL GLAZING,TYP. - - MAIN FLOOR BLACK ANODIZED ALUM.DOOR& STOREFRONT FRAMING,TYP. NORTH ELEVATION LV 'I L Page 316 of 394 AR CH 111 CTURI St. Martin Land Company ManufacturingDevelopment MidPort America Business Park Waterloo) Iowa :M ALL +32-0"------------------------------------------------------------- -- - - - -- PREFIN.SHT. MTL.COPING,TYP. PRECAST PANELS,TYP. ACM PANELS,TYP. PREFIN.SHT.MTL.COPING,TYP. PEMB PANELS,TYP. i T.O.WALL --------------- ---------------------- ---- ------------------------------ --------------------------------------------------------------- ---- ---------------------- N7T.O.WALL - - - .22'-0" - - CORRUGATED MTL.PANELS,TYP. - - - - ACM PANELS,TYP. BLACK ANODIZED STOREFRONT FRAMING W/ THERMAL GLAZING,TYP. MAIN FLOOR BLACK ANODIZED ALUM. DOOR& STOREFRONT FRAMING,TYP. SOUTH ELEVATION LV 'I L Page 317 of 394 ARCHITICTURI I I I I I 1 1 1 I 1 1 1 1 1 I vi ARCHITECTURE 1 e q P.O.Box 1240 Cedar Falls,IA 50613 319.277.5636 319.277.5639 fax q www.leviarchitecture.com QCopyright 2021 Drawings&speciricalions,ideas, jdesigns•&orrongerr=represented ore&shall remain the properly of ect l be the — — _ copiedcal disclosed for otherls a — — — — — — — — — — — — — — — — used in can tion with ony work a — — — — — — — — — — — — — — — — — — — 60' SETBACK project arbor than lye one bee q Iproject la which the how!been rt I sent r — — — — — — — — — — — — — — — — — — — prepared�r of the architect.Visool written tcontact with Y I — — — — I these drawings&specificalias shall ,It I U ; constitute conclusive evidence of L'iI F U T U R E A D D I T I O N accept of these restrictions - \ V) 37,500 SF CD I I Y yc. 1 UI M +30 I � — I I PHASE II ' ' w I I I C/-) v` I (TEST CENTER) I I SII 'I• w I 0 FUTURE PARKING ; I Q r v ZZ, d AJ I I _j � I I - - timesI �' P I I m o ' I I z HASE 1 140,625 SF I w w PHASE ' QO w ¢ 0 22,239 SF fl �� z � 450'x312'-6" � ' � I 1 0W 7) 1 W OFFICE ' :D0 ' Q ' EL U ICU LL- I � o MANUF. / I n WAREHOUSE I O 'I o O I UV) V) I c � m ' I v 1 _ J I _ ._ 0 FUTURE PARKING I E — C Q O a: I / i V _ _m G O L •i I I 60' SETBACK - Ai ,.o Date: ,�;% S I H PLANAugust 19, 2021 I I VScale:I... 1 " = 120'- 0" I I Page 318 of 394 - - CITY OF WATERLOO Council Communication Resolution approving award of Hotel/Motel Tax Council Discretionary Funds to the RiverLoop Association, Inc., in the amount of$15,000 for the Waterloo Urban Farmers Market 2021 season;the Leisure Services 2021-22 Golf Marketing Campaign in the amount of$10,000; the City of Waterloo SportsPlex 2021-2022 Marketing Campaign in the amount of$10,000;the Leisure Services 2021-2022 Event Shuttle in the amount of $15,768; and the Police Uniformed Police Presence at Events in the amount of$30,000. City Council Meeting: 10/4/2021 Prepared: 9/22/2021 ATTACHMENTS: Description Type ❑ Hotel Motel Discr Awards Sept 2021 Backup Material ❑ RiverLoop Assn Farmers Market Backup Material ❑ Leisure Services Golf Marketing 2021-2022 App Backup Material ❑ Leisure Services SportsPlex Marketing 2021-2022 App Backup Material ❑ Leisure Services Event Shuttle 2021-2022 App Backup Material ❑ Police Uniformed Presence at Events Backup Material ❑ Hotel Motel Tax Discr Award History Sept 2021 Backup Material ❑ Riverloop Assn Inc Farmers Market Application Backup Material Resolution approving award of Hotel/Motel Tax Council Discretionary Funds to the RiverLoop Association, Inc., in the amount of$15,000 for the Waterloo Urban Farmers Market 2021 season; the Leisure Services 2021-22 Golf SUBJECT: Marketing Campaign in the amount of$10,000: the City of Waterloo SportsPlex 2021-2022 Marketing Campaign in the amount of$10,000; the Leisure Services 2021-2022 Event Shuttle in the amount of$15.768; and the Police Uniformed Police Presence at Events in the amount of$30,000. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Recommended Action: Funding Recommendations: RiverLoop Association, Inc. Urban $15,000.00 Farmers Market 2021 Season Leisure Services Golf Marketing 10,000.00 2021-2022 Campaign Leisure Services SportsPlex 10,000.00 S uininary Statement: Marketing 2021-2022 C amp aign Leisure Services 2021-2022 Event 15,768.00 Shuttle Police Uniformed Presence at 30,000.00 Events Total $80,768.00 Page 319 of 394 Implementation,Accountability, Hotel/Motel Tax Discretionary Funds. and Communication: These requests total$80,768 from council discretionary hoteUmotel tax Expenditure Required/Source of funds. Hotel motel tax receipts for FYE2021 declined by 38% from the Funds: amount received in FYE2019(pre-pandemic). We have received adequate revenue to make these awards. Page 320 of 394 CITY OF WATERLOO , IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319)291-4323 Fax(319)291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Mayor Council Communication QUENTIN City Council Meeting: October 4, 2021 HART Prepared: September 22, 2021 Submitted by: Michelle Weidner, CFO COUNCIL MEMBERS ................... SUBJECT: Hotel/Motel Discretionary Grant Applications MARGARET Submitted by: Michelle Weidner, CFO KLEIN Ward I Recommended Action: Approve the award of hotel/motel discretionary funds to JONATHAN the following entities: GRIEDER Ward RiverLoop Association, Inc. Urban Farmer's Market 2021 Season $15,000.00 PATRICK Leisure Services Golf Marketing 2021-2022 Campaign 10,000.00 MORRISSEY SportsPlex Marketing 2021-2022 Campaign 10,000.00 Ward Leisure Services 2021-2022 Event Shuttle 15,768.00 Police Uniformed Presence at Events 30,000.00 JEROME Total Requests $80,768.00 AMOS,JR. Ward The funding applications and award history for discretionary hotel/motel tax RAY awards are included for your reference. FEUSS Wards These requests total $80,768 from council discretionary hotel/motel tax funds. Hotel motel SHARON tax receipts for FYE2021 declined by 38% from the amount received in FYE2019 (pre- JUON pandemic). We have received adequate revenue to make these awards. At-Large DAVE Expenditure Required: $ 80,768.00 BOESEN At-Large Source of Funds: Hotel Motel Council Discretionary Funds WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 321 of 394 i ' 1 m 0 } to z rn z � z C4 w g N co cor N V .N W LL Q a M w CO ca Q w d9 EA EA W 1� OA 00 Or 4 � O W ujr r N o rn i- N M Q p r 0 N 4- OL _M C/) LL W cfl < ti � o 6 M 00 LO N 00 M lc M N D 04 LOM N N Wo W O4 04 LL m C", a 0 (n r `_ Q N a LL 4 , I oLU LLJ CD Q o N Q CD Z w m m C14 1• z Lu W u. X23 y ? z Z F- Q W N r a >o 0 N N N N W �� LU a O WIL z >. N J �- N :3 w xLu w o � o IN u U. UL -) m w I W HI 1 11 N O N LO N N Page 322 of 394 s Waterloo City Council Discretionary Hotel-Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel-Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Leisure Services Name of facilitylproject 2022 Golf Marketing Campaign Contact person JB Bolger Email James.Bolger(a)waterloo-ia.org Address of organization or person completing application: Street 1101 Campbell Avenue City Waterloo State IA Zip 50701 Phone 291-4370 Fax: 291-4297 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. b) Please be specific how the grant monies will be used in the overall project. Awarded funds will be utilized to cover costs for a wide variety of advertisements. Currently Waterloo Leisure Services utilizes cable TV commercials, over-the-air TV commercials (KWWL), radio spots, and a variety of print publications including those which are regionally distributed such as the Waterloo/Cedar Falls Visitors Guide, the Waterloo Courier's Golf Guide, and Midwest Golfing Magazine advertisements. Page 323 of 394 3. What is the mission of your organization? The City of Waterloo Leisure Services Commission is dedicated to improving the quality of life for all citizens by providing the best possible recreational activities, special events, facilities, and services that encourage lifelong learning, fitness and fun. The Commission strives to provide an enjoyable outdoor environment with top quality parks, preserves, golf courses, recreational trails, and a healthy urban forest resource. 4. How long has your organization been in existence? The City of Waterloo has provided public golf for over 100 years. Iry Warren Golf Course (originally Byrnes Park) was opened in 1908. The next course to open was Gates Park Golf Course in 1928, and finally South Hills Golf Course in 1974. 5. How many staff members and/or volunteers are involved in this organization and the project? The City of Waterloo employs nine full time golf maintenance employees, several administrative staff that assist with golf operations, and numerous seasonal staff that assist with maintenance and course operations. Starters at all courses are volunteers. Additionally the City contracts with two full time PGA Professionals and they hire additional full and part time seasonal staff. 6. Please indicate all the cate oriel that your projects supports X Category 1 — Supports tourism and heads on beds X Category 2 — Supports and assists community events ❑ Category 3 — Brings people downtown X Category 4 — Supports Waterloo quality of life E 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. Waterloo's three municipal golf courses regularly serve out of town guests. They attract visitors from out of town for a variety of reasons including the value, quality, and variety of golfing experiences provided. Many community organizations chose one of Waterloo's municipal golf courses to host fundraising tournaments, outings, or banquets. Examples would include: • East High School Athletics Fundraiser Outing-Gates Park Golf Course • Husome Strong Foundation-Iry Warren Golf Course • United Way Outing-South Hills Golf Course E Page 324 of 394 Supporting quality of life for the citizens of Waterloo is by far the biggest contribution Waterloo Golf provides the community. We pride ourselves on being able to offer safe, healthy, and affordable opportunities for exercise and leisure enjoyment for all who are interested. This includes one of the strongest junior programs in the state of Iowa featuring a $10 Junior Morning Pass that allows youth to play for the entire summer for one low rate! 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability. NIA 9. Give an estimate of how you plan to measure the success of the project. The best way to measure success of this project is to monitor the number of rounds played at the Waterloo courses. Additional factors such as weather also have a major impact on the number of rounds played. 10. Describe specifically how the proposed project will be marketed. Awarded funds will be utilized for the sole purpose of marketing the City of Waterloo Golf Courses. 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotellmotel tax grant fits into the overall budget. The overall investment to implement the 2022 Golf Marketing Campaign is $13,000. Our request for hotel/motel funds is $10,000 with the remainder of funds coming from the City of Waterloo Golf general operating budget. i'. E'. 12. Please include in your submitted materials. • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. dt*��*�9e4e$Kit*ir9:pkx�exx�e�xxiexxicx4iexicxx�cxic�ex4e�tireF:keF9e4rYsknFk�FkisstkiriroMskkek9tkFfcirie�*k�ir9:isdtck:Ydeiekisia Page 325 of 394 i'. BUDGET SUMMARY: Total Project Cost $ 13,000.00 Additional Funding Sources $ 3,000.00 lit-Kind Services $ Hotel/Motel Tax Grant Request $ 10 000.00 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 Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. 1, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. Si ure of Applicant Date Page 326 of 394 City Council Discretionary Hotel-Motel Grant Application Waterloo, Iowa 1. General Information Name of Organization: Waterloo Leisure Services Name of Project: Cedar Valley SportsPlex Marketing Nan Contact Person: Mark Gallagher E-Mail: mark.gallaghernwaterloo-ia.org Address of organization or person completing application: Street: 300 Jefferson Street City: Waterloo State: Iowa Zip: 50701 Phone: (319) 291-0165 2. What is the mission of your organization: The City of Waterloo's Leisure Services Commission is dedicated to improving the quality of life for all citizens by providing the best possible recreational activities, special events, facilities and services that encourage lifelong learning, fitness and fun. The Commission strives to provide an enjoyable outdoor environment with top quality parks, preserves, golf course and a healthy urban forest resource. 3. How long has your organization been in existence? 1904 4. How many staff members are involved in this organization and the project. The Waterloo Leisure Services Department benefits our community on numerous fronts. The Department is responsible for offering a wide range of recreational programming to members from all ages and ethnicities throughout Waterloo and the greater Cedar Valley. Also, the Department is responsible for the maintenance and operations of three quality 18-hole golf courses,the 3,000 seat Young Arena, an extensive community park system and a Northwoods League Baseball Stadium. Through all of the above- mentioned sources, the Department is responsible for providing recreational activities and spaces to a large percentage of our population. The opening of the Cedar Valley SportsPlex has allowed our department to be able to greatly expand programming we offer for our citizenry, as well as host events and tournaments that have brought a substantial amount of visitors from outside the Cedar Valley. 5. Please indicate all the categories that your project supports: X Supports tourism and heads on beds X Supports and assists community events X Brings people downtown Page 327 of 394 X Supports Waterloo Quality of Life 6. Please provide a detailed statement of how your project fits into one or more of the above listed 4 categories. Supports tourism and heads on beefs The Cedar Valley SportsPlex has become a mecca for indoor sports tournaments of all kinds. With four basketball/volleyball courts and a large expanse of Field Turf this facility is not matched by another in the state. While the vision is to primarily serve our community, the goal is to have these facilities booked with tournaments that are regional in scope on weekends. Sueports and assists in communiq events The Cedar Valley SportsPlex supports community events primarily by offering a new, state of the art venue for hosting. Brings people downtown The Cedar Valley SportsPlex is located in the heart of downtown Waterloo. A facility of this nature helps draw critical mass to the area that is striving to help downtown businesses thrive. Whether they are SportsPlex members from within the Cedar Valley or tournament participants from around the region, individuals have been drawn to the downtown area to utilize the SportsPlex. Supports Waterloo quality of life The Cedar Valley SportsPlex greatly enhances the quality of life in Waterloo. We are very fortunate to have facilities that are second to none when it comes to outdoor activities. However, as we all know, Iowa winters can become quite long. A facility like the SportsPlex affords residents of all ages the opportunity to recreate straight through those long winter months. 7. If your project has or will continue for more than one year, please explain your plans for financial sustainability? The Cedar Valley SportsPlex will be a fixture of the downtown landscape for years to come. The project will be sustained by a combination of user fees, rental fees and activity registrations. 8. Give an estimate of how you plan to measure the success of the project. We plan to measure the success both by tracking user numbers while also tracking the financials of the operation. Benchmarks have been set that indicate where both of these items need to reach and we will continually strive to achieve these goals. 9. Describe specifically how the proposed project will be marketed. The purpose of this application is to maintain an extensive television marketing plan by focusing heavily on big sporting events that have large viewership in the Fall and Winter, which coincides with our peak time to recruit and retain members. 10. Please provide a detailed description of the budget. Please include information about Page 328 of 394 additional funding sources, income and how the hotellmotel tax grant fits into the overall budget. Revenues Hotel/Motel Tax Grant Request $10,000 Expenses On Media $10,000 11. Please include in your submitted materials: • Tax exempt status ■ W-9 form BUDGET SUMMARY: Total Project Cost S10.0011 Hotel/Motel Tax Grant Request $10,000 I have reviewed this Application for Grant Funds from the City of Waterloo. 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 City Council for funding will be withdrawn. My organization will be responsible for refunding any portion of funds already received. Ajy /L,-- 3 Signature of Applicant Date Page 329 of 394 City Council Discretionary Hotel-Motel Grant Application Waterloo, Iowa The City Waterloo Iowa is offering grants to non-profit entities for projects and community events that support tourism, our quality of life and which bring people to the downtown. These grant funds are made possible through the hotel/motel tax funds received by the City of Waterloo. By city ordinance 10%of the revenues generated from the Hotel-Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. If you are interested in applying for funding please complete the application. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Leisure Services—Young Arena Name of facility/project Young Arena/Waterloo Black Hawks Game Shuttle_ Contact person _Chris Dolan_ Email _chris.dolan@waterloo-ia.org Address of organization or person completing application: Street 125 Commercial Street City_Waterloo State_Iowa Zip _50701_ Phone 319-291-4335 Fax: 319-291-4310 2. What is the mission of your organization? The City Of Waterloo Leisure Services Commission is dedicated to improving the quality of life for all citizens by providing the best possible recreational activities, special events, facilities, and services that encourage lifelong learning, fitness and fun. The Commission strives to provide an enjoyable outdoor environment with top quality parks,preserves, golf courses,recreational trails and a healthy urban forest resource. 3. How long has your organization been in existence? Since 1994 Page 330 of 394 4. How many staff members and/or volunteers are involved in this organization and the project? The Leisure Services Department has approximately 44 full time employees and nearly 300 seasonal employees. We also utilize over 200 volunteers in our youth sports programs throughout the year. 5. Please indicate all the categories that your proiects supports: ® Category 1 — Supports tourism and heads on beds ® Category 2— Supports and assists community events ® Category 3 —Brings people downtown ® Category 4— Supports Waterloo quality of life 6. Please provide a detailed statement of how your project fits into one or more of the above listed 4 categories? Supports tourism and heads on beds Young Arena is a huge player in the Cedar Valley's Sports Tourism business. In fiscal year 2019 our last full season before covid-19; 75,000 visitors attended hockey games at the arena. From visiting USHL&MWHSHL teams, to wrestling participants and their families, the arena's activities definitely draw a significant amount of overnight visitors to our community. Supports and assists in community events Events at the arena are already a winter staple in the plans of families throughout the Cedar Valley. This added shuttle service will ease parking worries and shorten the walk for visitors who are attending an event at the arena. Brings People Downtown Young Arena is in the heart of the downtown area, with many hockey teams and their fans choosing to spend their pre-game or post-game socializing at various downtown establishments. Development of the area has put the squeeze on available parking in the area. The added shuttle services during events enhances the possibility of someone attending an event by reducing their worry of where they are going to park and how far the walk might be. Supports Quality of Life Young Arena is a key component to the delivery of the Leisure Services department goal of providing quality of life options to our citizens. From an evening at a Black Hawks hockey game, to personal wellness with our daily offering of public walking and skating times, the arena offers our community a great year round gathering place. Page 331 of 394 7. If your project has or will continue for more than one year,please explain your plans for financial sustainability? At this point we do not have any other viable funding options for this project for this fiscal year, it has also been requested by the Waterloo Black Hawks as a talking point within the negotiations of a new long term lease with the City. Development of the area has put the squeeze on available parking in the downtown area. The event shuttle has been a positive initiative and has created the additional park&ride option for patrons who visit the arena. 8. Give an estimate of how you plan to measure the success of the project: Black Hawks management has surveyed their fans and season ticket holders during the events for feedback on the use of the shuttle service, and the responses have been overwhelmingly positive. Ridership is tracked by MET for each event and in FY 2019 there was an increase of 36% from the previous season in riders using the service for a total of 2721. FY 2020 had outstanding ridership through 22 games before COVID-19 cut the season short. The shuttle was not used in FY 2021 due to attendance limitations due to COVID-19. 9. Describe specifically how the proposed project will be marketed. A full scale marketing effort by Young Arena and the Waterloo Black Hawks will include maps and details of the shuttle services which will be disseminated thru press releases, social media, websites, fliers and MET Transit's online app. Specific shuttle pickup and drop off locations will be designated with signage and in-kind video board advertising produced by the Waterloo Black Hawks will be shown board during each home game highlighting MET Transit&the City's efforts. 10. Please provide a detailed description of the budget. Please include information about additional funding sources,income and how the hotel/motel tax grant fits into the overall budget. Revenue City of Waterloo Discretionary Grant $15,768 Expenses MET Transit Events Shuttle (38 Dates) $15,768 11. Please include in your submitted materials: • Tax exempt status • W-9 form 12. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project.If you do not submit your final report within a month after completion you will not be eligible for further funding. Page 332 of 394 • Detail if your intended goals for the project were met? • Detail how the funds were spent? BUDGET SUMMARY: Total Project Cost $12,700 Additional Funding Sources $0 In-Kind Services $0 Hotel/Motel Tax Grant Request $ 12,700 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 City of Waterloo. 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 City Council funding will be withdrawn. My organization will be responsible for refunding any portion of funds already received. X��Z 08/06/2021 Signature of Applicant Date Page 333 of 394 14 METROPOLITAN TIRANSIT AUTHORITY QF BLACK HAWK COUNTY 1515 BLACK HAWK ST.,WATERLOO, IOWA 50702 PHONE (315)2,34-6714 FAX (319)234-6009 August$, 2021 This Transporuition Services Agreement betw r«Metropolitan TranSil Authority of Black Hawk County(INET Transit) and the City of Waterloo, IA(Client) is in effec#as of October 1. 202 1. MCI_firanslt will he responsible for tlhe following terms and conditions as follows' Provide shuttle transportation in downtown Water1w during the Wateriao Black Hawks home games throughout the 2021-202 seasen. Hours of operation shall bEt as fuliows; 8DY date 54rt End Tr:l,1ilet.r� Fraday x0}1{3411 6-OUFM 10e00PM a 59WF-day 10116/2031 5,04 km 8;44 PM 4 Friday 10/2211U21 6:04 PM 18;0D Phi 4 Saturdaw 304312021 5100 PM 9-01)PM 4 Fndft 11{5}2421 6AX PM 10-00 PM 4 Friday 1111Q12021 6:00 PM 10;4aPM 4 SatUday 1112012031 5:00PM 9;44 PM A Wedoe$dwy 11/24/2021 6.00 PM 10M Pta A rhursday 11JZVZ021 6:00 PM 18:04 PM 4 Friday 1213/2021 6:04 PFA 18,04 PM 4 Saturday 1x/4/2021 5.CO PM 9a PM 4 Friday 12{10{2021 6;40 PM 1W)DPM 4 Tues* 1212812021 6;00 PM 10700 PM 4 Friday 12/32/2021 5.00 Pili 9;DD NA 4 Saturco 1/x2012 5700 PM 9-00 PM 4 Saturday 1122/2022 57W PM 9700 PM 4 Frldby 1/28/2022 61]0 PM 16:00 PM 4 Saturday 112{122 5;00 PM 9;04 PM 94 Friday 214/3023 6;04 PM 14100 PM 4 Saturday 21512022 5-04PM 9;44 PM 4 Friday 211912033 6:00 PM MOD PM 4 Friday 3{35/2022 fi M PM 10;00 PM 4 SatUltlay 2}26/2422 SAX PM 9700 PM q Saturday 3}1x12022 5M PM 9110 PM d Friday 311${2022 &W PM 10:00 PM 4 5atwday 3/0/1 022 4,04 PM 9:00 PM A ';-J Y 312712022 2-01)PM 6.64PM 8 58kurday 4/2A= 5:00 PM x•44 PM 4 Fiiday 41033 6a6D PIA 1000 PM d SaturcUy 4123120x2 Sm PM 973.10 Pk! 4 Plaoffs #2 Page 334 of 394 The route will include passenger transportation from Young Arena to parking lots aMang Commercial Street and Jefferson Street from Westfield Avenue(a.k.a. TechWurks Campus)to W. V Street • This servlce will begin one hour before the hockey games and conclude one hour after the hockey games. Provide rldermhip tolals as requested by Watedoo. o Rout@ information will be posted on the MET Transit webGita. The City of Waterloo,IA will be responsible for the following rid conditions. ■ Shall pay MET Transit an hourly raW of$103 74 for all hours of operation. The MET bus shall be parked at Young Arena during the hockey games. Estimated total hours of service: + 30 regular season games x 4 hours = 120 hours- 16 8 playoff games x 4 hours= 32 hours EAtLru,Od tGtal cast; ■ Regular season games at 120 hours x$103.741hour-$12.445.50 ■ Playoff games at 32 hours x$103-74/hour=$3,3119.65 ■ Total cost for 38 games= 152 hours x$103,74ftur = 515,7$$_48 • Payable fourteen (14) days after the conclusion of the service_ MEd'Transit will not charge for any days cancelled due to weather_ Service: • The shuttre service shall be open to the general public and will be free to all riders, ■ MET Transit will provide route deviation for any certified dleabled riders within Y4 of a mile of the Shuttle route. MET Transit City of Waterloo Date Date 0 Page 2 Page 335 of 394 s Waterloo City Council Discretionary Hotel-Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel-Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply,please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Police Department Name of facility/project Uniformed Police Presence at Community Events Contact person Chief Joel Fitzgerald Sr. E-mail fitzgeraldj@waterloopolice.com Address of organization or person completing application: Street 715 Mulberry Street City Waterloo State Iowa Zip 50702 Phone 319-291-4339 Fax: 319-291-4332 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. These funds allow officers to provide a proactive police presence at community events from July 1, 2021 until June 30, 2022. These events provide a substantial occupancy boost to the Hotels and Motels in the Waterloo area. A law enforcement presence is required at these events to provide a safe family friendly atmosphere in which to showcase our community. b) Please be specific how the grant monies will be used in the overall project. These grant funds are utilized so officers can work at several area events, including RAGBRAI, Irish Fest,National Cattle Congress, Fridayloo, Mayor's Fireworks, My Waterloo Days, and 4th Street Cruise. Page 336 of 394 3. What is the mission of your organization? To vigilantly protect, serve, and work together with our community to prevent crime and enhance the quality of life in our neighborhoods. 4. How long has your organization been in existence? Since 1868 5. How many staff members and/or volunteers are involved in this organization and the project? We have 123 sworn officers, 9 civilians and 12 volunteers. All employees of the police department are involved in promoting and working the events throughout the year. 6. Please indicate all the categories that your projects supports: X Category 1 — Supports tourism and heads on beds X Category 2— Supports and assists community events X Category 3 —Brings people downtown X Category 4—Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. Uniformed Waterloo Police Officers provide security at a variety of community events. We provide a visible police presence and proactively address issues of public safety to allow our citizens and guest to enjoy the quality of life amenities the city provides. Minimize any criminal activity that would reflect a negative image on the event and the City of Waterloo. 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability. The overtime budget is funded via the 8.10 levy. These funds are used to in addition to the Hotel/Motel Funds to provide a proactive police presence at the events as needed. The safety of our citizens and visitors is paramount in our mission at these events. 9. Give an estimate of how you plan to measure the success of the project. We have had a proactive police presence at community events for the past several years. As a result of this there has been no major incidents surrounding the events and we have developed strategies to address recurring problems with the event. These measures have provided a positive response in the perception of the City of Waterloo and our events. Page 337 of 394 Attendance at community events has been increasing and visitors to our community enjoy themselves in a safe environment. Waterloo is becoming a destination city for these events and as such we must provide the necessary security to ensure safety. 10. Describe specifically how the proposed project will be marketed. These events are marketed by various community organizations within the city and serve to market and provide a positive image for the City of Waterloo. 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. Event Cost RAGBRAI $11,000.00 4th Street Cruise $3000.00 Irish Fest $2,500.00 National Cattle Congress $8,500.00 BBQloo's $1000.00 My Waterloo Days $2,800.00 Mayor's Fireworks $1200.00 Total Funds Requested $30,000.00 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project.If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. Page 338 of 394 xYx�:x�F:Fx�xoFx�C*�::s3:Fxxxt�:r.xx;F�exx�:o:-.`c�::Fxxxxx*�:Yx;exxkx*kx�:r.nF�k�Fk�:t�xxx�F***Y�;xx�*�:F�e*�exxxxie� BUDGET SUMMARY: Total Project Cost $30,000.00 Additional Funding Sources $ as needed In-Kind Services $ Hotel/Motel Tax Grant Request $30,000.00 Please note: Additional Funding Sources,In-Kind Services and HoteUNIotel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. 1, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. Signature of Applicant Dat Page 339 of 394 CITY OF WATERLOO HOTEL / MOTEL TAX COUNCIL DISCRETIONARY REVENUE COUNCIL DISCRETIONARY REVENUE FY 1996 OVERAGE 540,600.95 - 500,000.00= 40,600.95 x.50= 20,300.47 20,300.47 FY 1997 OVERAGE 577,784.25 - 500,000.00= 77,784.25X.50= 38,892.13 38,892.13 FY 1998 OVERAGE 618,616.00 - 500,000.00=118,616.00 X.50= 59,308.00 59,308.00 FY 1999 OVERAGE 643,399.03 - 500,000.00=143,399.03X.50= 71,212.51 71,212.51 FY 2000 OVERAGE 698,005.93 - 500,000.00=198,005.93 X.50= 99,002.97 99,002.97 FY 2001 OVERAGE 751,044.68 - 500,000.00=251,044.68 X.50=125,522.34 125,522.34 FY 2002 OVERAGE 668,079.02 - 500,000.00=168,079.02 X.50= 84,039.51 84,039.51 FY 2003 OVERAGE 707,338.05 - 500,000.00=207,338.05 X.50=103,669.02 103,669.02 FY 2004 OVERAGE 704,352.53 - 643,046.78=61,305.76 61,305.75 FY 2005 OVERAGE 723,848.16 - 656,693.71=67,154.45 67,154.45 FY 2006 759,249.05*10%=75,924.91 75,924.91 FY 2007 808,840.48*10%=80,884.05 80,884.05 FY 2008 1,109,932.25*10%=110,993.22 110,993.22 FY 2009 1,317,960.56*10%=131,796.06 131,796.06 FY 2010 1,111,886,51*10%=111,188.65 111,188.66 FY 2011 1,186,086.37*10%=118,608.64 118,608.64 FY 2012 1,228,036.32*10%=122,803.64 122,803.64 FY 2013 1,231,187.86*10%=123,118.79 123,118.79 FY 2014 1,188,080.53*10%=118,808.04 118,808.04 FY 2015 1,204,319.76*10%=120,431.97 120,431.97 FY 2016 1,252,227.48*10%=125,222.75 125,222.75 FY 2017 1,289,869.28*10%=128,986.93 128,986.93 FY 2018 1,293,422.57*10%=129,342.26 129,342.26 FY 2019 1,344,859.60*10%=134,485.96 134,485.96 FY 2020 1,129,244.41*10%=112,924.44 112,924.44 FY 2021 837,172.00*10%= 83,717.20 83,717.20 TOTAL DISCRETIONARY REVENUE RECEIVED 2,559,644.67 EXPENDITURES OF DISCRETIONARY REVENUE #25294 06/23/97 GROUT MUSEUM 12,500.00 #28475 01/02/97 FIREWORKS 3,000.00 #30316 11/24/97 PASS STADIUM 25,000.00 06/15/98 WATERLOOS OF THE WORLD 13,695.00 #49802 07/15/99 CINDY WELLS-BELGIUM 690.00 #49464 07/19/99 IOWA GOLF ASSOCIATION 15,000.00 #51580 07/19/99 FIREWORKS 5,000.00 #53154 10/29/99 MARKIN CONSULTANT-GREYHOUND TRACK RACE 2,500.00 #56369 02/11/00 1 MARKIN CONSULTANT-GREYHOUND TRACK RACE 11,500.00 #57178 03/06/00 THE SPORT'S MANAGEMENT GROUP 4,650.00 #60570 06/26/00 MAIN STREET-FIREWORKS 1,000.00 RES#789 FY 2000 VARIOUS CITY DEPARTMENTS(ARTS&CULTURAL) 137,409.72 RES#131 03/13/00 WATERLOO COMMUNITY PLAYHOUSE 7,000.00 RES#131 03/13/00 WATERLOO MUSEUM OF ARTS 2,000.00 RES#131 03/13/00 WATERLOO/ CEDAR FALLS SYMPHONY 10,000.00 RES#131 03/13/00 HARTMAN RESERVE 5,000.00 RES#2001-092 03/12/01 FESTIVAL OF IOWA FOLKLIFE 10,000.00 RES#2001-092 03/12/01 FIVE SULLIVANS CENTER(MAINTENANCE PERSON) 12,500.00 RES#2001-196 05/07/01 LOST ISLAND ADVENTURE PARK 19,159.07 RES#2001-294 06/11/01 WLOO JAYCEES/MAIN STREET-FIREWORKS 5,000.00 RES#2001-095 03/14/01 FIVE SULLIVANS CENTER(MAINTENANCE PERSON) 1,532.74 RES#2001-357 07/09/01 FIVE SULLIVANS CENTER(MAINTENANCE PERSON) 5,343.31 RES#2001-370 07/16/01 MULTI-COMPONENT DOWNTOWN ART PROGRAM 37,000.00 RES#2001-388 07/23/01 MUNICIPAL BAND 20,000.00 RES#2001.454 08/20/01 REICHERT CELEBRATION HORSE SHOW 1,500.00 RES#2001-669 12/10/01 FIVE SULLIVANS CENTER(MAINTENANCE MAN) 1,054.74 RES#2002-010 01/07/02 DOWNTOWN LIGHTS THE NIGHT PARADE(MAIN ST) 5,000.00 RES#2002-173 03/28/02 IOWA OPEN 25,000.00 RES#2002-173 03/28/02 STREET FLAGS 5,000.00 RES#2002-173 03/28/02 METROPOLITAN TENNIS ASSOCIATION 5,000.00 RES#2002-173 03/28/02 WATERLOO MUNICIPAL BAND(FYE03 BUDGET) 20,000.00 RES#2002-560 09/16/02 GROUT MUSEUM 20,000.00 RES#2002-560 09/16/02 WATERLOO COMMUNITY PLAYHOUSE 13,000.00 RES#2002-560 09/16/02 NATIONAL CATTLE CONGRESS 13,000.00 RES#2002-560 09/16/02 WATERLOO JAYCEES-DOWNTOWN FIREWORKS 3,000.00 RES#2002-560 09/16/02 WATERLOO JAYCEES-WATERLOO OPEN 10,000.00 RES#2003-525 08/04/03 WATERLOO AIRPORT-TRAVEL LEAKAGE STUDY 3,500.00 RES#2003-252 04/14/03 WATERLOO MUNICIPAL BAND(FYE04 BUDGET) 21,000.00 RES#2003-252 04/14/03 GROUT MUSEUM 6,000.00 RES#2003-175 03/17/03 ADDL HOTEL/MOTEL TAX GRANT AWARDS(FYE04) 700.00 RES#2003-716 10/20/03 AIRPORT JET SERVICE MARKETING CAMPAIGN 6,000.00 RES#2003-727 10/27/03 5 SULLIVAN BROTHERS GRAND RE-OPENING 3,177.57 RES#2004-75 02/16/04 WATERLOO JAYCEES-2004 DOWNTOWN FIREWORKS 3,000.00 RES#2004-75 02/16/04 WATERLOO JAYCEES-2004 WATERLOO OPEN 8,000.00 RES#2004-75 02/16/04 WATERLOO YOUTH HOCKEY ASSOCIATION 0.00 RES#2004-75 02/16/04 WATERLOO POLICE DEPARTMENT 10,000.00 RES#2004-75 02/16/04 NATIONAL CATTLE CONGRESS 18,000.00 RES#2004-75 02/16/04 WATERLOO COMMUNITY PLAYHOUSE 15,000.00 RES#2004-75 02/16/04 FOLKLIFE FESTIVAL(CENTER FOR THE ARTS) 0.00 RES#2004-75 02/16/04 REICHERT PLEASURE HORSE CELEBRATION 0.00 RES#2004-106 03/01/04 FYE04 RESERVE ALLOCATION 30,000.00 RES#2004-247 04/19/04 AIRPORT GRAND RE-OPENING-2ND JET MKTG 5,000.00 RES#2004-345 05/24/04 150TH ANNIVERSARY CELEBRATION 257.91 Prepared by The Finance Department Pag epa4Qf of 394 CITY OF WATERLOO HOTEL / MOTEL TAX COUNCIL DISCRETIONARY REVENUE COUNCIL DISCRETIONARY REVENUE RES#2004-106 03/01/04 FYE05 RESERVE ALLOCATION 30,000.00 RES#2004-495 07/26/04 WATERLOO MUNICIPAL BAND(FYE05 BUDGET) 22,275.00 RES#2004-495 07/26/04 MAIN STREET-FLOWER WATERING 3,000.00 RES#2004-495 07/26/04 WATERLOO EXCHANGE CLUB-HEALING FIELDS 2,000.00 RES#2004-688 10/04/04 GROUT MUSEUM-MARKETING 4,400.00 RES#2005- 57 01/24/05 EXPO HIGH SCHOOL INTL LEARNING CONFERENCE 1,000.00 RES#2005-114 02/07/05 MIDWEST WORLD FEST ARTIST RESIDENCIES 5,000.00 RES#2005-770 08/15/05 WATERLOO MUNICIPAL BAND(FYE06 BUDGET) 22,725.00 RES#2005-770 08/15/05 AIRPORT MARKETING 2,500.00 RES#2005-885 09/26/05 GROUT MUSEUM-MARKETING 8,000.00 RES#2006-181 03/06/06 DAN GABLE WRESTLING MUSEUM 0.00 RES#2006-626 07/24/06 WATERLOO MUNICIPAL BAND(FYE07 BUDGET) 22,725.00 RES#2006-871 10/02/06 DAN GABLE WRESTLING MUSEUM 10,000.00 RES#2006-1059 12/04/06 WATERLOO POLICE DEPARTMENT 31,000.00 RES#2006-1059 12/04/06 WATERLOO CENTER FOR THE ARTS 17,000.00 RES#2007-0029 01/08/07 1 NWCA NATL DUALS WRESTLING MEET 3,000.00 RES#2007-0474 06/11/07 ITHE COURIER-AD WELCOMING ISLE 480.00 RES#2007-651 08/06/07 WATERLOO MUNICIPAL BAND(FYE08 BUDGET) 22,725.00 RES#2007-716 08/20/07 WATERLOO POLICE DEPARTMENT 25,000.00 RES#2007-716 08/20/07 WATERLOO SOFTBALL ASSOCATION 4,000.00 RES#2007-716 08/20/07 WATERLOO EXCHANGE CLUB-HEALING FIELDS 3,000.00 RES#2008-134 02/18/08 WATERLOO POLICE DEPARTMENT 16,200.00 RES#2008-613 07/14/08 MAIN STREET BBQ'LOO 8,000.00 RES#2008-639 07/28/08 WATERLOO MUNICIPAL BAND(FYE09 BUDGET) 22,275.00 RES#2008-843 09/22/08 EXPO BUSINESS PLAN 5,000.00 RES#2008-843 09/22/08 WATERLOO ANEW MARKETING BROCHURE 9,930.42 RES#2008-843 09/22/08 WLOO POLICE DEPT EVENT OVERTIME 30,684.00 RES#2008-843 09/22/08 WAYFINDING DESIGN-VANDEWALLE 12,383.24 RES#2008-843 09/22/08 PHELPS YOUTH PAVILION MARKETING 14,700.00 RES#2008-843 09/22/08 DAN GABLE WRESTLING MUSEUM 4,000.00 RES#2008-843 09/22/08 FIRE DEPT EVENT OVERTIME 3,000.00 RES#2008-843 09/22/08 HAIRSTYLISTS FLOOD VICTIM FUNDRAISING EVENT 800.00 RES#2008-843 09/22/08 GROUT MUSEUM FOR GRAND OPENING 7,000.00 RES#2008-843 09/22/08 ELECTRIC PARK MARQUEE-CANCELLED 0.00 RES#2008-843 09/22/08 CEDAR VALLEY SPORTS&ENTERTAINMENT 1,200.00 RES#2009-295 04/06/09 GOLF ON MEDIA TV AD CAMPAIGN 7,200.00 RES#2009-433 05/11/09 WESCO-START-UP CASH 20,000.00 RES#2009-658 07/06/09 FIRE DEPT IRISH FEST OVERTIME 2,000.00 RES#2009-797 08/10/09 WATERLOO MUNICIPAL BAND(FYE2010) 22,275.00 RES#2009-843 08/24/09 NATIONAL CATTLE CONGRESS-ID READERS 2,385.00 RES#2009-1233 12/21/09 YOUTH PAVILION MARKETING 25,091.00 RES#2010-091 02/15/10 CEDAR VALLEY TECHWORKS-AGRI-TECH 5,000.00 RES#2010-323 05/03/10 WLOO POLICE DEPT EVENT OVERTIME 30,000.00 RES#2010-323 05/03/10 WATERLOO MUNICIPAL BAND(FYE11 BUDGET) 20,000.00 RES#2010-323 05/03/10 GOLF TV ADVERTISING CAMPAIGN(FYE11 BUDGET) 5,000.00 RES#2010-323 05/03/10 LOU HENRY HOOVER SCULPTURE GARDEN 15,000.00 RES#2010-323 05/03/10 UNITED SISTERS OF BHC 6,000.00 RES#2010-323 05/03/10 FRIENDS OF NATIONAL CATTLE CONGRESS 5,000.00 RES#2010-323 05/03/10 WATERLOO COMMUNITY PLAYHOUSE 688.23 RES#2010-323 05/03/10 GROUT MUSEUM 10,000.00 RES#2010-649 07/26/10 WATERLOO FIRE RESCUE 5,000.00 RES#2010-683 08/02/10 MAIN STREET(on behalf of Public Market) 5,000.00 RES#2010-940 10/18/10 CV SPORTS&ENTERTAINMENT COMMISSION 2,000.00 RES#2010-940 10/18/10 AIRPORT MARKETING 4,800.00 RES#2010-997 11/08/10 GROUT MUSEUM 8,000.00 RES#2011-247 04/04/11 WATERLOO COMMUNITY PLAYHOUSE 1,736.38 RES#2011-247 04/04/11 UNITED SISTERS OF BHC 5,000.00 RES#2011-247 04/04/11 KIWANIS CLUB-AIR SHOW 10,000.00 RES#2011-247 04/04/11 WATERLOO HOMECOMING ASSOCIATION 6,000.00 RES#2011-248 04/04/11 WATERLOO MUNICIPAL BAND(FYE12 BUDGET) 21,023.40 RES#2011-428 05/16/11 WATERLOO COMMUNITY PLAYHOUSE 1,000.00 RES#2011-428 05/16/11 KOINONIA MINISTRIES YOUTH SUMMIT 2011 4,000.00 RES#2011-428 05/16/11 WATERLOO CULTURAL&ARTS BAHAMAS EXHIBIT/COt 5,500.00 RES#2011-428 05/16/11 WATERLOO POLICE DEPT EVENT OVERTIME 10,000.00 RES#2011-990 10/10/11 WATERLOO CULTURAL&ARTS MARKETING 10,000.00 RES#2011-990 10/10/11 WATERLOO LEISURE SERVICES GOLF MARKETING 5,400.00 RES#2011-990 10/10/11 AIRPORT MARKETING 7,000.00 RES#2011-1075 11/14/11 PUBLIC MARKET GRANT TRANSFER TO LEISURE 5,000.00 RES#2012-142 11/14/11 WATERLOO EXPO SERVICES CORP 15,000.00 RES#2012-473 02/13/12 C&A-AMPHITHEATER MARKETING(TRANSFER to RAI) 30,000.00 RES#2012-142 02/13/12 LEISURE SERVICES-SPORTSPLEX MARKETING 10,000.00 RES#2012-142 02/13/12 POLICE-EVENT OVERTIME 20,000.00 RES#2012-143 02/13/12 WATERLOO MUNICIPAL BAND(FYE13 BUDGET) 20,000.00 RES#2012-545 06/04/12 NORTH END ARTS&MUSIC FEST 5,000.00 RES#2012-545 06/04/12 ASPIRE THERAPEUTIC RIDING PROGRAM 4,000.00 RES#2012-871 08/27/12 PURCHASE DUNSMOOR HOUSE 35,279.00 RES#2013-199 03/18/13 GROUT MUSEUM DISTRICT 500.00 RES#2013-199 03/18/13 WATERLOO MUNICIPAL BAND(FYE2014 BUDGET) 20,000.00 RES#2013-199 03/18/13 CEDAR VALLEY SPORTS&ENTERTAINMENT COMM 2,000.00 RES#2013-199 03/18/13 WATERLOO HOMECOMING ASSOCIATION 8,000.00 RES#2013-199 03/18/13 NORTH END CULTURAL CENTER 5,000.00 RES#2013-199 03/18/13 LEISURE SERVICES-GOLF ADVERTISING 6,000.00 RES#2013-462 06/03/13 ASPIRE THERAPEUTIC RIDING PROGRAM 6,500.00 RES#2013-462 06/03/13 POLICE-FYI EVENT OVERTIME 25,000.00 Prepared by The Finance Department Pag epa ,�J,of 394 CITY OF WATERLOO HOTEL / MOTEL TAX COUNCIL DISCRETIONARY REVENUE COUNCIL DISCRETIONARY REVENUE RES#2013-734 09/03/13 SPECK WALKABLE COMMUNITIES EVENT 2,666.00 RES#2013-877 10/28/13 MAIN STREET WATERLOO 6,000.00 RES#2013-877 10/28/13 SOCIAL ACTION,INC. 10,000.00 RES#2013-877 10/28/13 POLICE-FY14 EVENT OVERTIME 25,000.00 RES#2014-177 03/10/14 KIWANIS CLUB OF WATERLOO-AIR SHOW 15,000.00 RES#2014-177 03/10/14 NORTH END CULTURAL CENTER 5,000.00 RES#2014-301 04/28/14 WATERLOO MUNICIPAL BAND(FYE2015 BUDGET) 20,000.00 RES#2014-301 04/28/14 ASPIRE THERAPEUTIC RIDING PROGRAM 7,000.00 RES#2014-301 04/28/14 LEISURE SERVICES-GOLF ADVERTISING 9,000.00 RES#2014-301 04/28/14 GROUT MUSEUM DISTRICT-TOUR OF MY TOWN 0.00 RES#2014-725 08/18/14 CEDAR VALLEY SPORTSPLEX MARKETING 10,000.00 RES#2014-815 09/15/14 POLICE-FY15 EVENT OVERTIME 25,000.00 RES#2014-815 09/15/14 YWCA WEEK WITHOUT VIOLENCE 1,000.00 RES#2015-239 04/06/15 WATERLOO HOMECOMING ASSOCIATION 10,000.00 RES#2015-239 04/06/15 LEISURE SERVICES-GOLF ADVERTISING 9,000.00 RES#2015-239 041061151 NORTH END CULTURAL CENTER 5,000.00 RES#2015-239 04/06/15 SOCIAL ACTION,INC. 10,000.00 RES#2015-239 04/06/15 WATERLOO MUNICIPAL BAND(FYE2016 BUDGET) 20,000.00 RES#2015-239 04/06/15 RIVERLOOP ASSOCIATION,INC. 10,500.00 RES#2015-531 06/29/15 GROUT MUSEUM-VIETNAM VETS EXHIBIT 10,000.00 RES#2015-583 07/20/15 CEDAR VALLEY SPORTSPLEX MARKETING 10,000.00 RES#2015-583 07/20/15 ASPIRE THERAPEUTIC RIDING PROGRAM 7,000.00 RES#2015-790 09/28/15 LEISURE SERVICES-RIVERFRONT STADIUM VIDEO BO 10,000.00 RES#2015-790 09/28/15 POLICE-FYE16 EVENT OVERTIME 41,000.00 RES#2016-91 02/01/16 MAIN STREET 10,000.00 RES#2016-91 02/01/16 WATERLOO MUNICIPAL BAND(FYE2017 BUDGET) 20,000.00 RES#2016-313 04/25/16 NORTH END ARTS&MUSIC FEST 2,323.80 RES#2016-313 04/25/16 LEISURE SERVICES-GOLF ADVERTISING 9,000.00 RES#2016-313 04/25/16 RIVERLOOP ASSOCIATION,INC. 17,400.00 RES#2016-313 04/25/16 JESSE COSBY CENTER YOUTH EMPLOYMENT PROG 5,000.00 RES#2016-661 08/15/16 ASPIRE THERAPEUTIC RIDING PROGRAM 7,500.00 RES#2016-661 08/15/16 CEDAR VALLEY SPORTSPLEX MARKETING FY17 11,000.00 RES#2016-661 08/15/16 UNION BAPTIST CRUSADERS DRILL TEAM 5,000.00 RES#2016-962 12/12/16 FRIENDS OF HARTMAN RESERVE 20,000.00 RES#2017-317 04/24/17 BOSNIAN CULTURAL FOUNDATION 10,000.00 RES#2017-317 04/24/17 WATERLOO HOMECOMING ASSOCIATION 10,000.00 RES#2017-317 04/24/17 MAIN STREET WATERLOO 10,000.00 RES#2017-317 04/24/17 LEISURE SERVICES-GOLF ADVERTISING 10,000.00 RES#2017-317 04/24/17 NORTH END CULTURAL CENTER 5,000.00 RES#2017-317 04/24/17 ASPIRE THERAPEUTIC RIDING PROGRAM 8,000.00 RES#2017-317 04/24/17 WATERLOO POLICE DEPT EVENT OVERTIME 30,000.00 RES#2017-774 09/18/17 WATERLOO MUNICIPAL BAND(FYE2018 BUDGET) 20,000.00 RES#2017-774 09/18/17 CEDAR VALLEY SPORTSPLEX MARKETING FY18 11,250.00 RES#2017-865 10/16/17 LEISURE SERVICES EVENT SHUTTLE 11,200.00 RES#2018-349 05/21/18 NORTH END CULTURAL CENTER 5,000.00 RES#2018-349 05/21/18 JESSE COSBY CENTER YOUTH EMPLOYMENT PROG 6,000.00 RES#2018-349 05/21/18 WATERLOO POLICE DEPT EVENT OVERTIME 30,000.00 RES#2018-349 05/21/18 LEISURE SERVICES-GOLF ADVERTISING 15,937.00 RES#2018-349 05/21/18 LEISURE SERVICES EVENT SHUTTLE 3,375.00 RES#2018-349 05/21/18 ASPIRE THERAPEUTIC RIDING PROGRAM 8,000.00 RES#2018-349 05/21/18 WATERLOO MUNICIPAL BAND(FYE2019 BUDGET) 21,000.00 RES#2018-569 07/30/18 WATERLOO CENTER FOR THE ARTS-GRAPHIC DESIGIS 24,128.00 RES#2018-664 09/04/18 CEDAR VALLEY SPORTSPLEX MARKETING FY19 11,580.00 RES#2018-664 09/04/18 LEISURE SERVICES YOUNG ARENA EVENT SHUTTLE 12,390.00 PRIOR AMOUNTS AWARDED NOT USED-REALLOCATE1 36,000.00 RES#2019-458 06/17/19 WATERLOO HOMECOMING ASSOCIATION 8,500.00 RES#2019-458 06/17/19 LEISURE SERVICES-GOLF ADVERTISING 12,000.00 RES#2019-458 06/17/19 WATERLOO CENTER FOR THE ARTS-GRAPHIC DESIG 23,718.00 RES#2019-458 06/17/19 JESSE COSBY CENTER YOUTH EMPLOYMENT PROG 8,500.00 RES#2019-458 06/17/19 WATERLOO POLICE DEPT EVENT OVERTIME 30,000.00 RES#2019-458 06/17/19 WATERLOO MEMORIAL HALL 2,000.00 RES#2019-458 06/17/19 NORTH END CULTURAL CENTER 4,500.00 RES#2019-458 06/17/19 CEDAR VALLEY SPORTSPLEX MARKETING FY20 10,000.00 RES#2019-458 06/17/19 WATERLOO MUNICIPAL BAND(FYE2020 BUDGET) 20,000.00 RES#2019-855 11/12/19 MAIN STREET WATERLOO 10,000.00 RES#2021-016 01/19/21 WATERLOO MUNICIPAL BAND(FYE2021 BUDGET) 13,619.00 RES#2021-016 01/19/21 LEISURE SERVICES YOUNG ARENA EVENT SHUTTLE 4,485.00 RES#2021-016 01/19/21 CEDAR VALLEY SPORTSPLEX MARKETING FY21 6,250.00 RES#2021-504 07/19/21 WATERLOO MUNICIPAL BAND(FYE2022 BUDGET) 20,000.00 RES#2021-504 07/19/21 NORTH END ARTS&MUSIC FEST 5,000.00 RES#2021-504 07/19/21 WATERLOO CONVENTION CENTER MARKETING PROJ 8,500.00 TOTAL EXPENDITURES 2,296,372.53 Prepared by The Finance Department Pag`Pa e-57f qf 394 Waterloo City Council Discretionary Hotel-Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10%of the revenues generated from the Hotel-Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept.,City Hall, 715 Mulberry St.,Waterloo, Iowa,50703. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization: RiverLoop Association, Inc. Name of facility/project: Waterloo Urban Farmers Market Contact person: Kent Shankle Email: kent.shankle@waterloo-ia.org Address of organization or person completing application: Street: 225 Commercial Street City: Waterloo State: IA Zip: 50701 Phone: 319-291-4490 Fax: None 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. b) Please be specific how the grant monies will be used in the overall project. The Waterloo Urban Farmers Market (WUFM) presents a weekly farmers market program each Saturday morning at the RiverLoop Expo Plaza in downtown Waterloo.This year, in addition to the Saturday morning markets, WUFM plans to add a weekly Wednesday evening market. In addition to produce grower/vendors,the market features local handmade baked goods, craft items, prepared foods, and serves as an incubator for small businesses.The market also Page 343 of 394 presents educational programs and provides opportunities for area non-profits and for-profits to promote their products and services to a diverse audience. At the height of the season,the market boasts over 50 market stalls, attracts well over 1,000 participants weekly, and creates well over$500,000 in local economic impact. The market promotes and accepts benefit programs including EBT, senior"Veggie Vouchers", and "Double-Up Food Bucks" allowing individuals and families that otherwise might not be able to afford nutritious fresh produce to do so and enables them to maximize the value of their food dollars. A"Curbside Market" program allows patrons to place orders in advance,then pick them up from the safety and comfort of their vehicle. WUFM is one of five pilot markets participating as partners in this USDA funded project. The market is growing rapidly, due in good part to the addition of a part-time professional Market Manager, but at this point the market still struggles to support the associated salary and operating costs. The impact of COVID 19 has been a set-back,further stressing the market budget. 3.What is the mission of your organization? The RiverLoop Association, Inc.'s mission is to manage the RiverLoop Amphitheatre and Expo Plaza to be a cultural and economic catalyst for downtown Waterloo attracting visitors to dining, shopping, attractions and lodging; to provide culturally stimulating programming for local and out-of-county visitors; and to encourage greater use and awareness of our downtown's many amenities. The Waterloo Urban Farmers Market strives to create a vibrant marketplace dedicated to championing and supporting local producers and businesses by providing a community resource for sustainably sourced food and products. Working together,the RiverLoop Association, Inc. and Waterloo Urban Farmers Market, provide a community gathering place, support local farmers/producers by providing them opportunities to connect with consumers and by promoting the value of fresh, locally-sourced foods, draw visitors to the downtown area supporting small local businesses, and provide a diverse community with access to fresh, healthy, locally-grown foods and other locally-produced items. 4. How long has your organization been in existence? RiverLoop Association, Inc. (RAI) is a nonprofit corporation with 501(c)3 tax exempt status. RAI has been managing the facilities since the RiverLoop Amphitheatre and Expo Plaza opened to the public in June 2012. Page 344 of 394 Waterloo Urban Farmers Market(WUFM) has been operating under the current board structure since 2018, working in partnership with Main Street Waterloo (MSW) and RiverLoop Association, Inc. (RAI) to present weekly markets at the RiverLoop Expo Plaza. 5. How many staff members and/or volunteers are involved in this organization and the project? The Waterloo Urban Farmers Market(WUFM) employs one year-round part-time Market Manager and 13 volunteers serve on the WUFM Board of Directors (this will be increased to 15 this year). Additionally, 26 volunteers assist at the weekly markets and/or for special events throughout the season. RiverLoop Association Inc. maintains a volunteer Board of Directors comprised of five individuals and employs six part-time staff members. In addition,various staff members of the Waterloo Center for the Arts provide support in programming and promoting events at the RiverLoop venues. Over 200 additional individuals provide volunteer service for programs and events. 6. Please indicate all the categories that your project supports: X Category 1—Supports tourism and heads on beds X Category 2—Supports and assists community events X Category 3—Brings people downtown X Category 4—Supports Waterloo quality of life 7. Please provide a detailed description of your project,together with a statement of how your project fits into one or more of the above listed 4 categories. The Waterloo Urban Farmers Market(WUFM) offers the widest selection of produce of any farmers market in the area.Consequently,WUFM attracts customers from throughout the Cedar Valley. Cedar Falls residents regularly attend the Waterloo market, and customers have reported that they relocated to Waterloo or returned to the Waterloo area because of the activities and events in downtown Waterloo including the market.Visitors staying in local hotels and downtown Bed & Breakfasts also frequently attend the market. While the market would not likely create significant numbers of overnight stays in isolation, it does serve as an integral part of regular weekend activity in downtown Waterloo which enhances quality of life and supports Waterloo as a destination.To this end,the market regularly partners with other events and attractions such as My Waterloo Days, Iowa Irish Fest, Page 345 of 394 Cedar Valley Stem &Stein,4th Street Cruise, Lost Island Water Park, Waterloo Center for the Arts/Phelps Youth Pavilion, Grout Museums, Cedar Valley SportsPlex,Silos&Smokestacks National Heritage Area, etc. Special events at the Market including Iowa Sweet Corn Festival, Watermelon Day at the Market, Pumpkin SurPrize, Bike to the Market, Mimosas& Masterpieces: Wine & Paint at the Market, "Trick-or-Treat at the Market", and others also attract people to downtown. The wide range of unique products and experiences offered at the market,the services such as curbside delivery, and the promotion of and participation in food benefit programs, help to make the Waterloo Urban Farmers Market an important community gathering place serving an incredibly diverse audience. 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability. Over the past three years, since the formation of the Waterloo Urban Farmers Market's current board and governance and the hiring of a Market Manager, the WUFM's finances have increased by over 600%, despite significant negative impacts of the COVID-19 pandemic which slowed the rate of growth over the past year. This year the market expects continued growth, accelerating as the pandemic fades. Over the course of this year,WUFM plans to realize its goal to become a fully-independent 501(c)3 organization. Primary market revenue streams include vendor fees, market sponsorships, fundraising events and grants. Each year the market's financial position has consistently strengthened.As fee, sponsorship and fundraiser revenues increase, it is expected that reliance on grant support will be greatly reduced and WUFM will become fully self-sustaining. 9. Give an estimate of how you plan to measure the success of the project. Success of the project will be measured by tracking WUFM revenues and associated profit, analyzing vendor participation and product offerings, market attendance statistics, and ultimately,financial sustainability. In additional, customers,vendors, sponsors and other community stakeholders including downtown businesses will be asked to provide feedback using various survey tools.Anecdotal information will also be collected and analyzed. 10. Describe specifically how the proposed project will be marketed. Page 346 of 394 The Waterloo Urban Farmers Market(WUFM) is promoted heavily through social media with regular postings to the WUFM social media platforms, as well as through those of program partners including RiverLoop Association, Inc.,Waterloo Center for the Arts, Main Street Waterloo, City of Waterloo, Experience Waterloo, University of Northern Iowa Local Food Program, Iowa State University Extension Service, Silos&Smokestacks National Heritage Area and others.Additionally, individual vendors and sponsors also promote the market to their social media contacts. Postings include live streams from the market, vendor spotlights and other market news/announcements. Special events and theme days, such as"Iowa Sweet Corn Festival" and Trick-or-Treat at the Market" are also developed and presented as promotional opportunities.The market is also promoted through its participation in the Curbside Market program. Other means of market promotion include press releases, posters and fliers, mailings (in conjunction with Main Street Waterloo), booths or tables at area events, and interview segments such as North End Update and KWWL News at Noon. North End Update also frequently does live streaming from the market. Additionally, a grant application has been submitted to Silos &Smokestacks National Heritage Area to support a summer internship program which will allow for a marketing campaign including delivery of leaflets to downtown residents and in neighborhoods surrounding downtown.These materials will include general information about WUFM,the benefits of purchasing and enjoying fresh, healthy local foods, and the benefit programs which are available to potential customers and which can allow them to access these foods and maximize their available food dollars. 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. INCOME OPERATING EXPENSES Vendor Fees $ 7,000 Contractual Services $ 22,000 General Grant/Sponsorships 3,500 Printing/Marketing 3,000 Fundraising Events 4,000 Office Supplies/Expense 1,000 Grant-Silos&Smokestacks^ 3,000 2022 Carryover Balance 4,000 Grant-5210 Healthy Choices^ 2,500 Equipment Expense 3,500 Page 347 of 394 Grant-City Council Hotel/Motel* 15,000 Incorporation/Legal Fees 2,000 Grant-Guernsey Foundation* 5.000 Insurance 1,500 TOTAL INCOME $40,000 Fundraiser Expense 1,000 ^ awarded Miscellaneous 2.000 * requested TOTAL EXPENSES $40,000 IN-KIND SUPPORT $ 26,000 TOTAL PROJECT COST $ 66,000 City Council Hotel-Motel Discretionary Funding will be used to support Contractual Services— Salary Expense for Market Manager and Intern compensation. 12. Please include in your submitted materials: •Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. ........................0...0 0..0 a 0 0.....0 0 0...0 0 0 0•.•••••.\...•..•..•.■ BUDGET SUMMARY: Total Project Cost $ 66,000 Additional Funding Sources $ 25,000 In-Kind Services $ 26,000 Hotel/Motel Tax Grant Request $ 15,000 Page 348 of 394 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 Hotel/Motel Grant Funds from the City of Waterloo.The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge.The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned,fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. Page 349 of 394 Request for Taxpayer' Give Form to the Formw- (Rev.November 2017) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest Information. 1 Name(as shown on your income tax return).Name Is required on this line;do not leave this line blank. Riverioop Association Inc. 2 Business name/disregarded entity name,if different from above M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to mfollowing seven boxes, certain entities,not individuals;see 0. Instructions on page 3): a ❑ Individual/sole proprietor or ❑✓ C Corporation ❑S Corporation ❑ Partnership ❑Trust/estate OC single-member LLC Exempt payee code(if any)" a ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► p Note:Check the appropriate box in the line above for the tax classification of the single-member owner, Do not check Exemption from FATCA reporting LLC If the LLC Is classified as a single-member LLC that Is disregarded from the owner unless the owner of the LLC is c code( y)another LLC that is not disregarded from the owner for U.S,federal tax purposes,Otherwise,a single-member LLC that if an D. Is disregarded from the owner should check the appropriate box for the tax classification of its owner, w ❑ Other(see instructions)► (Apppas to accounts main(etnedoutslae the UA) �j 6 Address(number,street,and apt,or suite no.)See Instructions. Requester's name and address(optionaq 225 Commercial St. U) 6 City,state,and ZIP code ,r Waterloo,Iowa 507,01 7 List account number(s)here(optionao Taxpayer Identification Number(TIN) Enter your TIN in the approprlate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this Is generally your social security number(later.However,for a -m -l_�� resident alien,sole proprietor,or disregarded entity,see the Instructions for Part I,later.For other entities,it is your employer identification number(EIN),if you do not have a number,see Now to get a FM a_ TIN,later. or Note:If the account is in more than one name,see the Instructions for line 1.Also see What Name and I Employer identification number Number To Give the Requesterfor guidelines on whose number to enter. M26 - 4 1 6 1 1 1 8 1 0 1 4 0 Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be Issued to me);and 2.1 am not subject to backup withholding because;(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that'I am no longer subject to backup withholding;and 3.1 am a U.E citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(If any)Indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed'to report all Interest and dividends on your tax return.For real-estate transactions,Item 2 does not apply.For mortgage Interest paid, acquisition or abandonment of secured property,cancellation of debt,cqpftutions to an individual retirement arrangement(IRA),and generally,payments' other than interest,.and dividends, are not requiredo (gn the ce ' cation, t you must provide your correct TIN.See the instructions for Part Il,later. Sign Signature of Here U.S,person► Date► General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise .Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments .Farm 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.frs.gov/FormW9. '•Form 1099-8(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage Interest),1098-E(student loan Interest); Information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption :Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number Use Form W-9 only if you are a U.S.person(including a resident (EIN),to report on an information return the amount paid to you,or other alien),to provide your correct TIN. amount reportable on an information return.Examples of information returns Include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.11-2017) Page 350 of 394 INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. 0. BOX 2508 CINCINNATI , OH 45201 Employer Identification Number: Date: JUL 21 2014 26-4618040 DLN: 17053018326023 RIVERLOOP ASSOCIATION INC Contact Person: 225 COMMERCIAL STREET TRACI D BERRY ID# 95129 WATERLOO, IA 50701 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: June 30 Public Charity Status: 509(a)(2) Form 990 Required: Yes Effective Date of Exemption: March 25, 2009 Contribution Deductibility: Yes Addendum Applies: No Dear Applicant: We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this letter. For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities. Enter "4221-PC" in the search bar to view Publication 4221-PC, Compliance Guide for 501(c) (3) Public Charities, which., describes your recordkeeping, reporting, and disclosure requirements. Letter 947 Page 351 of 394 CITY OF WATERLOO Council Communication Resolution approving a Development Agreement with Willie Outlaw for the construction of a new garage, located at properties formally known as 322 and 326 Crescent Place, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/4/2021 Prepared: 9/24/2021 ATTACHMENTS: Description Type ❑ Aerial Map Backup Material ❑ Development Agreement Backup Material Resolution approving a Development Agreement with Willie Outlaw for the SUBJECT: construction of a new garage, located at properties formally known as 322 and 326 Crescent Place, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The properties that were formerly 322 and 326 Crescent Place were acquired through Iowa Code 657A in 2014 by the City of Waterloo. The City demolished the homes in 2019 and the applicant has maintained the properties for several years as they sat vacant and abandoned in attempt to keep the volunteer trees and weeds from spreading to their property. The applicants have indicated a desire to acquire the lots to construct a new detached garage. The developer must obtain a building permit and begin Summary Statement: construction of the improvements within four years and six months after conveyance of the property. The development agreement does have reverter of title information within it. The development agreement originally went to the City Council June 7, 2021, however, approval of the development agreement was not called out as a separate resolution action. Approving the development agreement under its own resolution will clarify this. Data/Analysis and Strategies: Sale of 657A vacant lots/Nuisance Abatement Implementation,Accountability, N/A and Communication: Expenditure Required/Source of None Funds: Calumet Subdivision Lots 5 and 6 and the West 1/2 of Lot 7, Block 3, Page 352 of 394 Legal Descriptions: Waterloo, Black Hawk County, Iowa. Page 353 of 394 L � y �r I e 11 Pk BRATNOBER ST — `� w w ' i I r :tti' Q `a 4 a f� aI CRESCENT PL .®iii ��• F' ` � :`++,v `� s�.� N Citi. of Waterloo, Iowa W—�/E h. Preparer: Christopher S.Wendland, P.O. Box 596,Waterloo, Iowa 50704 (319)234-5701 After recording, return to Community Planning&Development, 715 Mulberry Street, Waterloo, lA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 2021, by and between Willie Outlaw ("Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. City is the owner of real property on Crescent Place identified as parcel nos. 8913-23-276-015 and 8913-23-276-014, legally described as set forth on Exhibit "A" attached hereto (the "Property"). Developer is the owner of real property at 330 Crescent Place, abutting the Property on the west side, and desires to acquire the Property to expand his residential area. B. City considers development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that placement of the Property on the tax rolls and providing for certain improvements to the Property is in the best interests of the City. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Developer for the sum of$1.00 (the "Purchase Price"). Conveyance shall r be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not Page 355 of 394 remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement without further obligation. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Developer. Developer acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Developer agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. Developer shall construct, at his sole option within timeline, to a finished state, including installation of driveway, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Developer shall submit building designs for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. Developer will be responsible to clear trees and brush from the Property at its own cost to allow for construction of all Improvements. The Property, the Improvements, and all site preparation and development-related work to be undertaken and completed by Developer under this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the incentives provided for in this Agreement, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Developer must obtain a building permit and begin construction of the Improvements within four (4) years and six (6) months after conveyance of the Property (the "Project Start Date") and must Substantially Complete construction of same within sixty (60) months after conveyance of the Property (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been substantially completed. If Developer has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 10, and City shall have no further obligation hereunder with respect to such Project. If 2 Page 356 of 394 construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Completion Deadline. If construction has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Completion Deadline by a number of days equal to the number of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 10, title to the Property shall revert to the City, and City shall have no further obligation hereunder with respect to such Project, nor any duty to compensate Developer for any work or materials provided before the termination date or for the added value of any Improvements completed or partially completed. As promptly as possible, Developer shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Developer. Developer shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Developer shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Developer fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney-in-fact. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Developer's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 4.1. Purchase Option. In lieu of reverter of title as described in Sections 3 and 4 above, Developer shall have the option to purchase the Property by delivering to City a written notice of option exercise within thirty (30) days after City's demand for a 3 Page 357 of 394 i deed pursuant to Section 4. The purchase price reflects reimbursement to City for its carrying costs for the Property, including but not limited to acquisition, demolition, insurance and maintenance, and shall be an amount equal to $12,000 minus an annual credit to Developer for Property maintenance of$1,000 for each year of this Agreement, not to exceed five (5) years. The transaction shall close within an additional thirty (30) days after Developer's delivery of notice of option exercise, and Developer shall pay the full purchase price to City in guaranteed funds at closing. 5. Utilities. Developer will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 6. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 7. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property or any part thereof prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 8. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows: A. Until the Improvements have been Substantially Completed, Developer shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Developer with respect to construction of the Improvements. B. Developer will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Developer. 4 Page 358 of 394 C. After the date of conveyance of the Property, Developer will keep lots mowed and remove snow from sidewalks to a standard no less than that required by City ordinances. D. Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 9. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Developer to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Developer of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Developer (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Developer, or part thereof, shall be appointed in any proceedings brought against Developer and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. E. Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certificate furnished by Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 5 Page 359 of 394 10. Remedies. A. ,Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Developer of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Developer shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Developer before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. ,Default by City. Whenever any Event of Default in respect of Developer occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Developer that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 11. Indemnification. Developer hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project site or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or its directors, officers, employees, contractors or agents, or any other person who may be about the Project site or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. The provisions of this Section shall survive the expiration or termination of this Agreement. 12. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set 6 Page 360 of 394 i forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 13. Performance by City. Developer acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City i in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of l such person. 14. No Third-Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. i 15. Notices. Any notice under this Agreement shall be in writing and shall be � delivered in person or by United States registered or certified mail, postage prepaid, and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention: 1 Mayor, with copies to the Community Planning and Development Director. r (b) if to Developer, at 330 Crescent Place, Waterloo, Iowa 50703. l Delivery of notice shall be deemed to occur(i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. A party may change the address for giving notice by any method set forth in this Section. I 16. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 17. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly 7 Page 361 of 394 authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 18. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and 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 portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 19. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 21. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 22. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: �.� ~ Quentin M. Hart, Mayor Willie Outlaw Attest: Kelley Felchle, City Clerk 8 Page 362 of 394 EXHIBIT "A" Property Description CALUMET SUBDIVISION LOT 6 BLK 3 and CALUMET SUBDIVISION LOT 6 BLK 3 W 1/2 LOT 7 BLK 3 I Page 363 of 394 Page 364 of 394 CITY OF WATERLOO Council Communication An ordinance amending the 2020 Traffic Code by adding Subsection(157b) Greyhound Drive, both sides of street from West Ridgeway Avenue to Sergeant Road (Hwy. 63), to Section 551, Parking Prohibited At All Times On Certain Streets. City Council Meeting: 10/4/2021 Prepared: 8/31/2021 ATTACHMENTS: Description Type ❑ Ordinance Backup Material Motion to receive, file, consider and pass for the second time an ordinance amending the 2020 Traffic Code by adding Subsection(157b) Greyhound Drive, both sides of street from West Ridgeway Avenue to Sergeant Road SUBJECT: (Hwy. 63) to Section 551, Parking Prohibited At All Times On Certain Streets. Motion to suspend the rules. Motion to receive, file, consider and pass for the third time and adopt said ordinance. Submitted by: Submitted By: Sandie Greco, Traffic Operations Director Recommended Action: Adopt Ordinance Concerned citizens and business and property owners have contacted the Traffic Operations Department and City Hall regarding a safety issue along Greyhound Drive from Ridgeway Avenue to Sergeant Rd. (Hwy 63) because Summary Statement: of semis parking on both sides of Greyhound Drive all hours of the day and night. There is a visibility concern for vehicles and trucks safely turning onto Greyhound from driveways and intersecting streets. With future plans for growth in the Greyhound Drive area, business owners etc. will be aware of the no parking ordinance. Data/Analysis and Strategies: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Implementation,Accountability, Letters of the pending ordinance change were sent to businesses and and Communication: establishments along Greyhound Drive. No comments have been received. Page 365 of 394 ORDINANCE NO. AN ORDINANCE AMENDING THE 2020 TRAFFIC CODE BY ADDING SUBSECTION (157b) GREYHOUND DRIVE, BOTH SIDES OF STREET FROM WEST RIDGEWAY AVE. TO SERGEANT ROAD (HWY 63), TO SECTION 551, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (157b) Greyhound Drive is hereby added to Section 551 Parking Prohibited at All Times on Certain Streets, of the 2020 Traffic Code, as follows: (157b) Greyhound Drive Both sides of street from West Ridgeway Ave. to Sergeant Road(Hwy 63). PASSED AND ADOPTED by the City Council this 20th day of September, 2021, and approved by the Mayor this 20th day of September, 2021. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 366 of 394 CITY OF WATERLOO Council Communication Community Development Board Meeting minutes of August 2021. City Council Meeting: 10/4/2021 Prepared: 9/22/2021 ATTACHMENTS: Description Type August Community Development Board Meeting Backup Material Minutes August 2021 SUBJECT: Community Development Board Meeting minutes of August 2021. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: approval Page 367 of 394 Community Development Meeting Minutes August 17, 2021 L Call to order Cody Leistikow called to order the regular meeting of the Community Development Board via zoom at 4:00 p.m. on Tuesday, August 17, 2021. Leistikow asked for an approval of the agenda for August 17, 2021. It was moved by Hansen and seconded by Weekley to approve the agenda. Motion carried. II. Attendance: Present: Chairperson Cody Leistikow, Zach Hansen, Cam Campbell, and Angela Weekley Members Absent: Felicia Carter, John Chiles and Jenna Northey Also Present: Rudy D. Jones, Community Development Director; Anita Rousselow, Administrative Secretary; Angie Fordyce, Community Development Coordinator; Matt Chesmore, Senior Rehabilitation Specialist; Mindy Smith, Intake Specialist; Noel Anderson, CPD Director III. Approval of minutes from last meeting Leistikow asked for an approval of the minutes of the last meeting July 20, 2021. It was moved by Weekley and seconded by Hansen to approve the minutes of the meeting on July 20, 2021. Motion carried. IV. Old Business: a) Staff Updates and Lead Grants: Staff has been doing training and webinars along with their usual workload. There has been several webinars available, among those are webinars on environmental review, Davis Bacon Standards and Homebuyer Assistance Monitoring. b) COVID-19 Funding: Staff is in the process of submitting the changes that were needed to the amendment for Round 3 of the CARES Act funding. Staff also needs to determine what we have left to spend and how to spend funding for Round I of CARES Act funding. We also are in the initial stages of getting the environmental review done for Round 2. Page 368 of 394 V. New Business: a) Endorse Contracts July 2021: Leistikow asked for a motion to approve the contracts. Campbell made a motion to approve contracts for July 2021 and the motion was seconded by Weekley. Motion carried. b) Neighborhood Services: Although the Neighborhood Services Coordinator was out of the office, Smith Nalls presented the board with a Neighborhood Services Report discussing National Night Out and North End Music Fest. c) Monitoring: Monitoring of the sub recipients is continuing and there has been no red flags as to date. The sub recipients are very responsive to questions that staff has had about their processes. d) Set Date for Public Hearing on CAPER—A date was set for the Consolidated Annual Performance and Evaluation Report public hearing which will be held at 4:00 on September 21, 202 1.Leistikow asked for a motion to set the date. Weekley made a motion to set the date for September 21, 2021 and Campbell seconded that motion. Motion carried. e) Home Modification Grant: Community Development was not awarded the Older Adults Home Modification Program Grant. A debriefing by HUD with the CD office will be held on October 4th so they can go over any weaknesses or strengths that our grant application had. Our office will submit for this grant in the future. VI. Discussion Items: a.) National Night Out: Council did not attend the Neighborhood National Night Out celebrations as a group this year as in the past. It was mentioned that possibly next year it would be beneficial to the City if they attended those celebration as a group or unit next year. b.) Edison School Lot: The meeting held on August 10th for the Planning, Programming and Zoning Commission was discussed. There was heavy opposition at the meeting for the proposed Three Little Lamps LLC 4-plex development. The developer at this time has withdrawn his application for the proposed development. VIII. Adjournment Leistikow asked for a motion to adjourn the meeting. A motion was made by Weekley and seconded by Campbell. Motion carried. Meeting Adjourned. Minutes submitted by: Cody Leistikow Minutes approved by: Board Page 369 of 394 CITY OF WATERLOO Council Communication Historic Preservation minutes of August 17, 2021. City Council Meeting: 10/4/2021 Prepared: 9/22/2021 ATTACHMENTS: Description Type U minutes Backup Material SUBJECT: Historic Preservation minutes of August 17, 2021. Submitted by: Submitted By: Page 370 of 394 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING—AUGUST 17, 2021—4:30 P.M. Meeting was held in the Mollenhoff Conference room at Waterloo City Hall. Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:33 p.m. Commission Members in attendance were: Ed Ottesen, Terry Stevens,Nick Hedrick, Susan Price, and Matthew Gilbert. Commission Member(s) absent were: Alice Rohret. Others present: John Dornoff—Planning Staff, Pat Morrissey—City Council Liaison; Ed Gallagher—Grout Museum Liaison; and Lee Byrd. Approval ofAzenda Motion made by Hedrick, seconded by Price to approve the agenda of the August 17, 2021 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Price, seconded by Stevens to approve the minutes of the July 20, 2021 meeting. Motion carried unanimously. Oral Presentations None Hearings 1. Decision on whether to have the banquet in September. Dornoff noted that there are only 6 weeks until the banquet which is not a lot of time prepare and there is uncertainty about what the new couple of months will bring. Dornoff also noted that normally the banquet is held in May which is National Preservation month. Hedrick noted that in the last week his business has lost 5 banquet bookings due to rising COVID cases. Motion made by Price, seconded by Stevens to recommend canceling the 2021 Awards Banquet and reschedule during its regular May time period. Motion carried unanimously. 2. Historic Award Nominations Withdrawn due to previous decision. Page 371 of 394 Building Consultation Bryd noted that a guy tried to break into her house and she is looking to replace her side door that is not visible to the front with a more secure door. Dornoff noted if it is not visible to the front of the house he can do staff approval of the request. Reports 1. Main Street Ottesen reported that Main Street had a couple of design reviews this past month. There is one more Fridayloo left in the season but Main Street is planning for multiple events for the holiday season. 2. Silos and Smokestacks. No Report 3. Grout Museum Gallagher reported Historic Home Tour is set for August 28th, some home owners want people to wear masks but no decision has been made if they will be required for the entire tour but the Grout wants to have consistency so that all homes either do or do not require masks. The planetarium has a new projector. 4. Building Update Dornoff noted the building at Commercial Street and West 4th kitty corner across from the Convention Center has been purchased and the owner is looking to improve the building. 5. Proiect Update No updated. 6. Highland Hedrick reported that National Night out was a success for Highland. In addition there has been many homes sold in the district recently and Hedrick stops at every home and talk to the new neighbors about the neighborhood and historic commission. There will be a block party in Highland on September 24th 7. Walnut Gilbert stated that National Night out went well and there was a vision tent with arts and crafts and discussion of the Walnut Baptist Church. -2- Page 372 of 394 Discussion Items/Possible Action Items 1. HPC Awards Banquet 2021 Will start planning for the May, 2022 banquet. 2. Possible Award Winners No action taken. 3. School Proiect Gilbert made some suggestions to improve the project and will work with Stevens. Gilbert suggested at the next meeting to have time set aside 4. Main Street Collaboration Ottesen noted that Tour D'Loo which is coming up on October 14th, and although the locations have not been determined, it would be an excellent opportunity to collaborate with volunteer efforts. 5. Other Collaborations Dornoff had a list of organizations that the commission had previously decided to try to work on connections and collaborations with. Gilbert stated that he will work with the Youth Arts Council and Youth City Council to educate them about the goals of the organization. Hedrick stated that he is on the Experience Waterloo board so will work with them. Gilbert suggested contacting the African-American Museum. Ottesen is going to contact the Cedar Valley Historical Society. Discussion about contacting the Cedar Falls Historic Preservation Commission and the Cedar Falls Historical Society. It was also suggested to contact the UNI History Department. 6. Updating Goals and Action Plan Gilbert noted that the commission needs to start with Goal E and work toward Goal A. Time will be set aside at the next meeting to work on the Goals and strategic plan. 7. Demolitions/City-Owned Properties Dornoff noted that the Dilapidated Housing meeting has been moved to the Third Thursday of the month. Morrissey asked if there been any action on the Dunsmore House and wants to see people who buy houses on tax sale but who leave the houses to rot such as 1325 West 4th restricted from buying homes. -3- Page 373 of 394 Design Guidelines No Action. Other Discussion: Adjournment Ottesen adjourned the meeting at 5:32p.m. Respectfully submitted, r a J4 John Dornoff Planner I -4- Page 374 of 394 CITY OF WATERLOO Council Communication Leisure Services Commission minutes of August 10, 2021. City Council Meeting: 10/4/2021 Prepared: ATTACHMENTS: Description Type Leisure Services Commission Minutes of August 10, Backup Material 2021 SUBJECT: Leisure Services Commission minutes of August 10, 2021. Submitted by: Submitted By: Page 375 of 394 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, August 10, 2021 300 Jefferson Street The meeting was held in the Multipurpose Room at the SportsPlex. Brenda Durbahn called the meeting to order at 7:30am. Present: Brenda Durbahn, Tom Christensen, Sharon Samec, Jadyn Spencer, Tom Powers and Bob Bamsey and Council Liaison Dave Boesen, Amy Rivers Waterloo Courier Staff joined the meeting at 7:35 Paul Hating, Chris Dolan, Mark Gallagher, Todd Derifield and JB Bolger Absent: Tim Moses, Travis Nichols Brenda Durbahn called for approval of the agenda. Tom Powers made a motion to approve agenda. Second by Bob Bamsey Ayes. All. Nays: None Brenda Durbahn called for motion for approval of the July 13, 2021 meeting minutes. Tom Powers made a motion to approve minutes, second by Bob Bamsey Ayes: All Nays: None Brenda Durbahn called for approval of the bills. Questions were answered. Motion by Sharon Samec to approve the July bills, second by Bob Bamsey Ayes: All Nays: None Ayes: All Nayes: None SITE FOR INCLUSION PARK VGM employees and RAGBRAI have donated $15,000 for a new Inclusion Park in Waterloo. The Young Family Foundation has pledged funds to hire Ritland+Kuiper Landscape Architects to design the park. Developer Jon Brundrett has submitted a concept site and utility plan for a residential development on the former Edison School site designating 1.38 acres as park. Leisure Services staff and park design consultants are recommending that be expanded to 2.05 ` acres to accommodate needed parking and amenities. The board reviewed the €' proposed park site drawings. Motion made by Bob Bamsey This board recommends that Council set aside 2.05 acres on the north end of the former Edison School site for a new inclusion park. Second by Tom Christensen Ayes: All Nays: None i, PHASE 2 GREENBELT LAKE IMPROVEMENTS The Black Hawk County REAP Committee voted to advance our $200,000 REAP application for the second phase of the improvements at Green Belt Lake on Martin Road. Phase 1 of the project was recently completed with a new accessible fishing pier and parking, multiple lake fishing access points around the lake, and pollinator plantings. Phase 2 will add a new picnic pavilion, restroom, entrance kiosk and interpretive signage. We should know in November if we are awarded this grant. UPDATE ON AQUATICS MASTER PLAN Ballard King &Associates conducted meetings with Council and Board members July 21-23. Water Technology, Inc. performed detailed inspections of Byrnes and Gates pools. A report with recommendations is being complied. Representatives from both firms facilitated on Open House on July 22 for public input on the Aquatics Master Plan. We are currently putting together a focus group from the Gates Park neighborhood to get more detailed input on the desired Gates Park improvements. Participation in the online survey has been strong. Results will be compiled soon. Page 376 of 394 STAFF UPDATES Young Arena — Chris Dolan • WBH Summer Camps ended Sunday August 8th. There was 11 days of competition with 300 participants. The majority of the campers were from out of state. • WYHA will be investigating adding a third High School Team. • Leisure Staff continues to work with the WBH on finalizing a new agreement. • Contracted ice user groups will start summer ice the week of August 16th. • The South roof replacement will begin in September. Sports and SportsPlex -- Mark Gallagher Sports • Pool study process ongoing • Pool wrapping up • Finishing up summer programming • Planning for Fall Programming • Mayor's Basketball League this fall Plex • Cardio equipment wearing out • Fall fitness schedule set up Forestry — Todd Derifield Todd — Storm on July 14th caused a lot of tree damage from the old Edison School grounds to Cedar River Park to Sullivan Park to Gates Park and the associated neighborhoods. The forestry crew has been working on debris cleanup with the mowing crews and golf crews helping as well. Completion should be done today. Walnut Neighborhood Association has received a $10,000 tree planting grant from the NE IA Community Foundation. On Sept. 24 they will be planting 95 trees with the help of local businesses, neighbors, and AmeriCorps crews. They worked with a local landscape architect to create the tree planting plan for the neighborhood. i Construction — Travis Nichols — Crews have continued restroom cleaning, garbage routes, general park inspections, and general maintenance and repairs on Leisure buildings and park facilities. Crews also helped prepare and tear down for RAGBRAI. Projects in the works include Young Arena Roof project for Fall of 2021. Golf and Downtown Area — JIB Bolger • Golf business still going well, ran out of 9 hole punch tickets as recently as last week at South Hills so more were made and taken out to the course. • RAGBRAI went very well. Organizers and participants did a nice job of picking up the parks, no litter was left behind. • Irish Fest went very well. The production company for the main stage sound and lights was extremely impressed with the new electrical hookups. All other electrical hookups into the new system in the park went very well. • WMSD will be slip lining the sanitary sewer line that runs under Iry Warren Golf Course. Leisure Staff was invited to attend the pre-construction meeting for this Page 377 of 394 project and the contractor and course Superintendent have exchanged contact information and will work together to insure minimal disruption to the golf course. • We will be over seeding drought and traffic damaged turf at multiple locations in our parks and golf courses. Grass seed is in short supply and high demand across the nation. • We are starting the process to get irrigation control systems upgraded at South Hills and Gates Park. This work was done last year at Iry Warren and the system has worked really well throughout this very hot/dry summer. The next regular Leisure Services Commission Meeting will be held Tuesday, September 14, 2021. The meeting will be held in person at the SportsPlex. Brenda Durbahn asked for motion to adjourn. Motion by Sharon Samec, second by Bob Bamsey. Brenda D bahn adjourned the meeting at 8:22am. v JTA Sharon Samec, Secretary D a1 yT I�- Signed this Date Page 378 of 394 CITY OF WATERLOO Council Communication Planning and Zoning minutes of August 10, 2021. City Council Meeting: 10/4/2021 Prepared: 9/22/2021 ATTACHMENTS: Description Type U minutes Backup Material SUBJECT: Planning and Zoning minutes ofAugust 10. 2021. Submitted by: Submitted By: Page 379 of 394 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING,AND ZONING COMMISSION REGULAR MEETING-4:00 P.M.AUGUST 10, 2021 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:00 p.m. via zoom, and in-person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Patrisha Serfling, Cody Leistikow, Craig Holdiman, and Eric Donat. Members present electronically were: Virginia Wilber and Steve Trost. Members absent were: Brandon Schoborg and Sue Flynn with one open position. Others present were: Noel Anderson—Community Planning and Development Director; Aric Schroeder, Seth Hyberger, and John Dornoff—Planning Department; and 32 citizens. Others present electronically: Jaime Knutson—City Engineer, Paul Huting—Leisure Services Director; JB Bolger—Leisure Services; Felicia Smith-Nails—Neighborhood Services; Jonathan Grieder—City Council Liaison, Dave Boesen—City Council; Nick Fratzke—INRCOG; and two citizens. I. Approval of the Agenda It was moved by Donat, seconded by Holdiman to approve the agenda combining Hearings A-1 and A- 2 and items B-1 and B-2. Motion carried unanimously. II. Approval of the Minutes from the regular meeting on July 13, 2021. It was moved by Trost, seconded by Leistikow to approve the minutes subject to amending the minutes to reflect the correct spelling of a speaker from the meeting. Motion carried unanimously. 111. Financial Report June 2021 Anderson reviewed the financial report. It was moved by Trost, seconded by Donat to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations There were no oral presentations. V. New Business A. Hearing-Site Plan Amendment 1. Request by 5 Bees LLC to rezone approximately 6.89 acres from"R-1,R-P" Planned Residence District to "R-4,R-P"Planned Residence District located West of 420 Harwood Avenue. It was moved by Donat, and seconded by Trost to receive and place on file the statement of verification at 4:05 p.m. Motion carried unanimously and Wilber declared the hearings open (for AI &A2) Dornoff read the staff report recommending approval of the rezone request with the following conditions: 1)that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc.; 2) that sidewalks be installed along all street frontages within the development; 3) any major changes to the plan would need to return for another site plan Page 380 of 394 Planning and Zoning Commission August 10,2021 amendment approval; 4) development of the property shall start with the units on the northern end of the property; and 5)that the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to: a) Design of Buildings will be compatible with the surrounding area, and b) That any new development will have a positive impact on the surrounding neighborhood. Jon Brundrett, 7343 Wager Road, Cedar Falls, and applicant for the rezone stated that 5bees is an LLC that he shares with his brother, he is local but his brother no longer is and they have been working on this plan for 10 months now. He noted that he has been working with the city for the same amount of time and this was a secondary site but felt the need for the park was a good way to help the neighborhood out and help the city out by raising the money for the new park. He further stated that he knows that the neighbors are not happy but it is impossible to build single-family detached homes in that neighborhood for market price and make a profit. They are trying to build an affordable house that will be well built and give tax base to the city and will not be taking any incentives for the project and the tax abatements will go to the homeowners and also stated that with no development there is no park and that if they need to take the development somewhere else in town they will. Donat asked if they are doing attached homes to which Brundrett answered that they are zero lot line townhomes and that there is no common property held by an association and the people who buy will own the land in front and behind their property. There will be an association whose job it is to mow the grass and plow the snow. There will also be a long list of restrictive covenants to protect the neighborhood, the city, and the developer. Brundrett also stated that he has done several successful projects with the city and they are all high quality but all of them have been commercial projects, this will be the first residential project. Holdiman stated that he is happy to see that these will be owner-occupied and not rentals and asked what price range the homes would be in to which Brundrett answered that the homes would be slab on grade and no basements, and the ranch-style on the ends will be approximately 1,400 square feet and costing about$159,900 and the two stories will be 1,600 square feet costing $169,999 all with single car garages. It will add$6.5 million in taxable value to the city but that does not count any money raised or put into the park which will be about$1.2 million. Brundrett also stated that utilities will cost his company about $200,000 for water, electricity, and sewer but none of the units will have natural gas. Donat asked if the development will not go through will the park still be developed to which Brundrett responded that if the development does not go through he will step away from all fundraising and not be involved in it. Brundrett also stated that the park is the carrot in front of the horse to ease the development into the neighborhood otherwise the neighbors will be going years without the park they were promised. It is a peace offering to the neighborhood. Huting stated that the Leisure Services Commission met in the morning and decided what will be necessary is 2.05 acres for the park which includes the section that was originally designated for future development with the park area staying within city ownership and will continue to work with the developer on fundraising. Boesen stated that not only was the developer going to put in the park but would maintain the park for ten years including the mowing, equipment, and everything else which takes the burden of cost and time off of Leisure Services to which Brundrett responded that the association would be responsible for taking care of the park for such things as snow removal and mowing but maintenance of the equipment would be the responsibility of the city but he is working with the Northeast Iowa Community Foundation to set up a fund to pay for the maintenance of the equipment. Rachel Neil, 1056 Evergreen Avenue, spoke on behalf of the Edison Neighborhood Association stating that after talking to the neighbors within 250-feet and those outside the 250-foot boundary that they would prefer the area to remain R-1 and stay with single-family residences not wanting the multi- - 2 - Page 381 of 394 Planning and Zoning Commission August 10,2021 family/townhome buildings. The residents do not feel that what is being proposed will fit the neighborhood and properly uplift the area. Holdiman asked if those were the only concerns to which Neil answered that the residents were not excited about this particular development but even taking this developer and project out of the equation they are not in support of the rezoning but noted that the residents did have a long list of concerns with this specific project. Brian Koehler, owner of 701 Bismarck Avenue stated that he is opposed to rezoning the area to R-4 as that zoning leaves it too wide open for future developments. Would not be opposed to it being zoned R-2 but R-4 goes way too far. John Harrell, 731 Magnolia Parkway asked what kind of guarantee that the site plans and architectural drawings presented today will be the ones that are built. Once the rezoning is approved could they change the drawings, types of buildings, etc. to which Anderson answered that as part of the "R-P"residence district they would have to abide by what is approved or return for another Site Plan Amendment which would require another meeting of the Planning Commission and approval of the City Council. Harrell further stated that the previous proposal was for commercial along Falls Avenue and R-2 behind but that seemed to disappear to which Anderson responded that proposal was from another developer presented at the work session held by the City Council but that proposal did not move forward. Trost asked for an explanation of the difference between the "R-1, R-P" and the "R-4, R-P"to which Anderson responded that R-1 allows for one and two-family homes while the R-4 allows for the townhomes being proposed here but both are site plan specific with an"R-P" designation. Cindy Lyons, 530 Magnolia Parkway stated that she is the former Vice-President of the association and she helped start the association and the reason that the association was started was to replace a park for their kids. The carrot in front of the cart has rotted and the promises were made by the city and Anderson but nothing has come through so they are not going to believe the developer's promises either. Now those kids that the park was for are now teenagers causing trouble including robbing and vandalizing because they have nothing else to do. The fourplexes being proposed will not help the situation it is going to make it worse because they are too wide open. Lyons wants the single-family homes that they were promised and the park they were promised because neighbors begged the city not to demolish the park. Wilber noted that no matter what action the commission takes today they do not have control over what goes into that park and what is before the commission is a rezoning request and site plan amendment that will be forwarded to the city council for approval. Paul Miller, 641 Magnolia Parkway noted that he just purchased his house last month and if he knew they were going to put projects in that area he would have never bought it because he will never get out of it what he put into it and knows the commission gets kickbacks to approve everything to which Holdiman stated he resents the accusation that the commission members take kickbacks. Wilber noted that the commissioners are volunteers and keep comments about what is in front of the board and to keep it civil and germane. Forest Dillavou, 1725 Huntington Road, and owner of 305 Harwood stated that the park was owed to the citizens of Waterloo when they tore down Black Hawk School and it has taken years for the school and the city to get around to taking care of that promise. He stated that giving the land that was marked for future development over for additional parkland was the right thing to do. Has concerns that there were other offers including ones to build single-family homes but the city keeps everyone in the dark and the only reason he knew about this was that someone shared a letter with him even though he owns a property but it's not within the 250-feet. Dillavou also wants to know how much in taxes they are going to pay and wants to know if the developer has the funding since the city gave the developer of the - 3 - Page 382 of 394 Planning and Zoning Commission August 10,2021 convention center millions of dollars along with the grocery store in Walnut. Also feels that the rezone should not happen and the property should stay with the city. Brundrett responded saying that there are no dollars going into this project on the cities behalf and everything is coming out of his pocket. He has done two development agreement projects in the city in extremely blighted areas one of which had a minimum assessment agreement of$179,000 in return for a free lot which the developer dropped over a million dollars and just sold the property for over a million dollars. Entered into another 5-year development agreement with the city last spring and the project is currently 3 years ahead of schedule and none of these have incentives. Stated he is a public employee that works 114 hours a week and this is a privately funded project and he would be glad to show the public his other projects. He has not failed the city yet and he works for the city. He sees a need for this type of housing because when he was growing up in this town there were not good homes like this and all he wants to do is to give back to the city and if they don't want that is fine because there is plenty of other neighborhoods that would gladly take his project and he is not going to shove it down their throats. Holdiman asked for confirmation that these homes would not get any incentives that are not available to any other new homes in the city to which Anderson confirmed and explained how the tax incentives work and the infill policy. Anderson also clarified that the city did not demolish the school and park, the school district did before it became into the cities possession. Anderson also noted the area currently zoned commercial is not being rezoned and agrees that it should be commercial and that is why the development agreement will specifically say that the development starts north of the former alley in the residentially zoned area and moves north and the part along Falls be left to last. Anderson further elaborated that even though the convention center is not relevant to this request but, he that no money was given to the developer of the convention center. Trost asked for clarification on the rezoning from R-1 to R-4 as it would seem to open it up to more intense development and the reason for the R-P, to which Anderson responded that the R-P portion requires any project to come through this process of coming to the Commission and City Council for approval and its necessary to change the R-I to R-4 because the R-I only allows one and two-family homes while the R-4 allows triplexes, fourplexes and more and since the applicant was requesting 4-unit townhomes it requires the rezone. Melissa Colvin, 1061 Evergreen Avenue, stated that her parents built the house, she was born in the house, but cannot see anyone spending that kind of money in the neighborhood and is concerned that the developer will build a couple of units, they will not sell them and then someone will swoop in turn them into rental properties and build bigger rental properties because it has been rezoned but she has nothing against renters but there is a lot of bad landlords and renters and don't want rental properties in the neighborhood. Wilber asked Brundrett if there would be any restrictions on turning a unit into a rental to which Brundrett responded that he was talking to the neighborhood and offered to let them help with the restrictions on the properties but at the end of the day he is a developer and if someone wants to buy a unit he is going to sell it so no most likely there would not be a covenant against rentals but what the covenants will do is say how the outside of the property is maintained and there will be no fences, sheds, playsets, anything like that period. Janet Collins, 538 Magnolia Parkway, stated that she has lived in the area for 46 years, her children have bought a home in the area and now she has grandchildren in the area. Is concerned that the neighborhood kids will not be allowed in the park by the people who buy the fourplexes if they sell. She just had her boyfriend move in and she would not have had him and her children buy homes in the area if she knew that these big fourplexes were coming in that nobody can afford as the average size of the homes in the area are 600-700 square feet so nobody is going to buy this 1400 square foot townhomes because it is an - 4 - Page 383 of 394 Planning and Zoning Commission August 10,2021 old neighborhood. She stated that many of her neighbors are on their last leg and cannot come to the meeting and speak. Cindi Lyons, 530 Magnolia Parkway, asked will the park be put in if these fourplexes do not get sold. Milissa Armstrong, 604 Kirkwood Avenue stated that she has lived there since the 1980s and that when the developer had the meeting with the neighborhood association he stated he would not put the park in until all 40 units were built but also said that he may sell it to the highest bidder even if the person wanted to put low-income housing on the site. Further, he may sell the name Magnolia Estates and he could call it anything which would not have the history of the Edison area, and if he is already working 114 hours a week how is he going to take care of the park, the buildings themselves and actually build the buildings. She is further concerned that the HOA would not have to have Edison neighbors on the board and they could start putting sheds on or anything else they please and that the developer also said that the final design may look different than the drawings he submitted and 40 families dropped into the neighborhood and they will have no say on who it is. Holdiman asked for clarification if the park is going to be private or public to which Anderson answered that what Huting stated was that Leisure Services would like to see the parkland remain in city hands and Huting added that it is the intention to have the park accessible to everyone and the plan is to have the park an inclusive park accessible to those that cannot use the equipment at a regular park and is not something that is only to be developed for the residences of the fourplexes and will be a public park if the City Council approves. Jay Hileman, 641 Evergreen, stated that he has lived there 42 years, assumes that everyone wants to see development and proper development that would add to the tax base to keep the city clean and shovel the snow. Hileman went over the objectives of the Planning Department. He noted the price of the units will have to go up due to the cost of materials which has increased substantially in the last few months and that he was at the original rezone meeting and noted the number of children that played in the playground at the school. He is also concerned about where the parking for the park is going to be or park on the street. Also questioned where people are supposed to keep their dogs if they are not going to fences and with three bedrooms this would be too big of a concentration of population which goes against the goal of the planning department. Brundrett stated that when you look at the density of the housing in that neighborhood you will have fewer houses in the development area than it currently does and noted that there are two parking lots designated in that 2.05 acres. A professional design expert is being hired by Leisure services to design the park. He further stated that traffic was substantially heavier when the school was operating than it will with his development and the development will have 40-foot setbacks, single car garages and sidewalks around the entire development. Leistikow stated that he likes the general layout, design of the buildings, would welcome 40 new families into his neighborhood and that it has the R-P designation. He also believes that there is lower density in the developer's plan than in the surrounding neighborhood but does have concerns about building 9 since one is stuffed away in a corner Donat is concerned that the developer is not going to allow playsets on the property which would restrict children and why have a park if you're not going to allow children individual playsets. Wilber stated she did not hear about the playsets to which Holdiman confirmed with the developer that the restrictive covenants will ban anything in the back yards of the homes. Brundrett said that he does want young families with kids to move into the buildings but emphasized there will be no playsets allowed in the backyards for maintenance and upkeep because they attract nothing but no good and he knows what no good looks like they should go to the park for playing. Holdiman indicated he liked the look of the development but has concerns if they will become rentals if they do not sell. - 5 - Page 384 of 394 Planning and Zoning Commission August 10,2021 Trost stated that many people don't want rentals but no matter what kind of development you construct there is chance they could be turned into rentals and that the homeowners association can change the rules about rentals if they wish. It was moved by Serfling, seconded by Donat to close the public hearing. Motion carried unanimously. The hearing was closed at 5:05 p.m. It was moved by Serfling, seconded by Leistikow to recommend approval of the rezone request with the following conditions: 1) that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to,parking, landscaping, screening, drainage, etc.;2) that sidewalks be installed along all street frontages within the development, 3) any major changes to the plan would need to return for another site plan amendment approval, 4) development of the property start shall with the units on the northern end of the property; and 5) that the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to: a)Design of Buildings will be compatible with the surrounding area, and b) That any new commercial development will have a positive impact on the surrounding neighborhood. Motion carried 4-2 (Trost and Holdiman voted nay). 2. Request by 5 Bees LLC for a Site Plan Amendment to the "R-1,R-P"Planned Residence District and the "C-P"Planned Commercial District for the construction of 10 four-unit zero lot line townhomes located West of 420 Harwood Avenue Dornoff read the staff report recommending approval of the site plan amendment request with the following conditions: 1) that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc.; 2) that sidewalks be installed along street frontages within the development; 3) any major changes to the plan would need to return for another site plan amendment. 4) development of the property start with the units on the northern end of the property; 5) that the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following,but not limited to: a) Design of Commercial Buildings will be compatible with the surrounding area, and b) That any new commercial development will have a positive impact on the surrounding neighborhood. Item was heard under Hearing A-1. It was moved by Serfling, seconded by Donat to close the public hearing. Motion carried unanimously. The hearing was closed at 5:05 p.m. It was moved by Serfling, seconded by Leistikow to recommend approval of the rezone request with the following conditions: 1) that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to,parking, landscaping, screening, drainage, etc.;2) that sidewalks be installed along all street frontages within the development, 3) any major changes to the plan would need to return for another site plan amendment approval; 4) development of the property shall start with the units on the northern end of the property; and 5) that the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to: a)Design of Buildings will be compatible with the surrounding area, and b) That any new development will have a positive impact on the surrounding neighborhood. Motion carried 4- 2 (Trost and Holdiman voted nay). B. Special Permits 1. Request by Deer Creek Development LLC for a Special Permit to allow for fill located West of 3301 Greyhound Drive. Dornoff read the staff report recommending approval of the special permit request. - 6 - Page 385 of 394 Planning and Zoning Commission August 10,2021 Harold Youngblut, 643 East Griffith Road and owner of Deercreek Development stated that as the staff report mentions they are planning to raise the land to the 100 year flood elevation to not only eliminate the need for flood insurance but also benefit the city by making the land more marketable. Donat asked if the site plan has been submitted to which Youngblut answered that the site plan for the Greyhound Park site has been sent in and VJ Engineering is work on the other site plan will be in the hands of city before any work is done. Leistikow stated that he has concerns that traffic from any development on the site will be going directly onto Ridgeway Avenue to which Youngblut stated that he can not promise as they were promised a turn lane if necessary and Leistikow questioned if staff would have input on that to which Anderson stated that staff looks at each project individually but would have to look at the safety of Ridgeway when development happens. It was moved by Trost, seconded by Serfling to recommend approval of the special permit request. Motion carried unanimously. 2. Request by Deer Creek Development LLC for a Special Permit to allow for fill located East of 3015 Greyhound Drive. Dornoff read the staff report recommending approval of the special permit request. Item was heard under B-1 It was moved by Trost, seconded by Serfling to recommend approval of the special permit request. Motion carried unanimously. C. Vacate 1. Request by Albert Meeks to vacate a sidewalk adjacent to 1139 Logan Avenue. Hyberger read the staff report recommending approval of the request. Serfling asked if the applicant would have to pay for its removal and if the applicant has agreed to it which Hyberger confirms that he understands. Albert Meeks, 1139 Logan Avenue, confirmed that he wants the sidewalk removed because of the US Highway 63 reconstruction the area around the sidewalk now floods and with the trail adjacent it is not needed. It was moved by Leistikow, seconded by Serfling to recommend approval of the vacate request. Motion carried unanimously. D. Plans and Studies 1. Request by the City of Waterloo for the adoption of a Schoitz Urban Renewal and Redevelopment Plan and TIF District located at the northeast corner of Kimball Avenue and East Ridgeway Avenue. Schroeder read the memo explain the proposed TIF. Donat asked if there was site plans for the northern part to which Schroeder stated that they are planning four lots and they are most likely looking at residential for the fourth lot since the limited access from Arcadia Street but nothing has been finalized yet. Leistikow asked if there has ever been a TIF this small and what is the anticipated life span to which Schroeder responded that yes, the original San Martian TIF was smaller covering only a single lot where the GMAC records building was built but has had 6 or so amendments since then and is now much larger - 7 - Page 386 of 394 Planning and Zoning Commission August 10,2021 and that this is being proposed as an Economic Development TIF not as a Slum and Blight TIF so under state code it would have a maximum life of 20 years. Anderson noted that the TIF area were GMAC was has been released now. Wilber asked how this would affect buildings that are already there to which Schroeder responded that once the TIF district is approved the developer will work to demolish the existing buildings excluding the Medical Arts building and the Hospice Building noting that they were included so that the district would be more square and easier to create a legal description and the base taxes will be based on the land only and any new construction or improvements will be increment captured by the TIF. Serfling asked if the building being used by Senior Meals on Wheels and the Physical Therapy will be demolished to which Schroeder responded that they are currently empty and will be demolished as the building is not in good shape. Wilber asked if it could be a Slum and Blight TIF since the building has been empty for so long to which Schroeder responded that there has been some concerns about that type of TIF and with the redevelopment plans that type of TIF would not be needed. Wilber further commented that her only concern is the small businesses in the area such as Mr. Lind who spoke at the last meeting and promoting those businesses when the new development happens. Trost asked if any other developers were interested in the site or did the city offer it to any other developers, to which Schroeder noted that the city does not own the property and it is a private developer approaching the current owner and concerning the surrounding businesses staff did have discussions as to whether or not it made sense to add some of the other sites but it was decided not to as there may be opposition to a larger TIF and this area is unique due to presence of the hospital that will have substantial demolition costs which makes the TIF necessary to make the project feasible. Forest Dillavou, 1725 Huntington Road stated that he is pleased that it is an Economic Development TIF rather than blighted but feels that 20 years is still a long time and competition with the business across the street is also a concern. Economic Development works well if you don't allow change orders and let it continue. Dave Boesen, City Council Member stated that he is in favor of the standalone TIF as there was discussions with merging it with the San Marnan TIF which didn't work for him as a council member. Tearing the hospital down and getting these new commercial structures built is motivation to get the TIF paid off and it is paying for the demolition and Mercy One tried to give the building away and no one wanted it as it would cost more to remodel the building than to build a new one. It was moved by Trost, seconded by Serfling to recommend approval of the Schoitz Urban Renewal and Redevelopment Plan and TIF District. Motion carried unanimously. Discussion The next meeting of the Planning, Programming, and Zoning Commission will be September 14, 2021. - 8 - Page 387 of 394 Planning and Zoning Commission August 10,2021 VI. Adjournment It was moved by Donat, seconded by Leistikow, to adjourn the meeting at 5:38 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I - 9 - Page 388 of 394 CITY OF WATERLOO Council Communication Airport Board Meeting Minutes of August 25, 2021. City Council Meeting: 10/4/2021 Prepared: 9/22/2021 ATTACHMENTS: Description Type ❑ Airport Board Meeting Minutes of August 25, 2021 Backup Material SUBJECT: Airport Board Meeting Minutes ofAugust 25, 2021. Submitted by: Submitted By: Page 389 of 394 i MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday August 25,2021 I. ROLL CALL Chair Arlene Humble called the meeting to order at 12:00 p.m. Board Members Present: Cary Darrah, Scott Voigt, Arlene Humble, David Deeds, Todd Holcomb, Gwenne Berry. Board Members Absent: Doug Rathburn. City Officials Present: Councilmember Ray Feuss; Noel Anderson, Martin Petersen. Airport Staff Present: Keith Kaspari, Airport Director and Sheila Combs. Other Attendees: Tim Newton, Bob Petersen, Doug Schindel, David Hughes, Major Klint Knudsen. II. AGENDA AS RECEIVED OR AMENDED Moved by Mrs. Darrah, seconded by Mr. Voigt, that the agenda be approved as received. Ayes: 5. Motion carried. III. PUBLIC COMMENTS Tim Newton stated that he saw the request to allocate a portion of CARES Act funding for updates to Hangar 4, and requested that some of the funding be used to replace the lighting in the Livingston Maintenance Hangar (Hangar 3) with LED lights. Mr. Newton referred to bids that had previously been taken for the FY-20 Iowa DOT Commercial Service Vertical Infrastructure (CSVI) Grant program to replace the ceiling lighting in Hangars 1, 2 and 3, that were refused after the bids came in well over the Engineer's Estimate. Mr. Newton further asked why the project didn't just get reduced in scope instead of cancelling the project with the funding instead of redirecting the funds towards additional Hangar 4 updates. Mr. Newton said that new lighting in all of the hangars would be nice but not as important for aircraft storage (1 & 2) as for the maintenance hangar, which is rather dark to be working in. 1 Page 390 of 394 The Board discussed this request and consensus was that some of the $150,000 requested for Hangar 4 should be reallocated toward replacement of lighting in Hangar 3. I Mr. Schindel stated that should still leave enough to complete the office area updates in Hangar 4. Bob Petersen stated that he was in attendance to support Mr. Newton's request, as well as inquire about rent abatements requested by Osprey Aviation. Mr. Petersen asked how much taxpayer money has already been spent putting in a new water main for the hangar. Noel Anderson stated that work was paid for with TIF funding. IV. REPORTS A. Airport Director Mr. Kaspari corrected the grant amount on Item #2 of his written report and made a correction to the project start date of Item 7. He then asked if there were any questions on his report, and there were none. B. Legislative Information& Updates Mr. Kaspari stated that Congress has approved continued use of PFAS for ARFF use until an environmentally-friendly alternative is identified. C. Misc. Monthly Airport Reports Reviewed airline stats for July. Mr. Kaspari stated that with the current schedule, there is a gross imbalance of passengers due to the unattractive times of the morning arrival from Chicago and late evening departure to Chicago. The vast majority of enplaned and deplaned passengers are on the morning departure and late afternoon arrival. Mr. Kaspari pointed out that fares are still attractive. Mrs. Darrah moved, Mr. Voigt seconded, that reports be received and placed on file. Ayes: 5. Motion carried. V. BOARD APPROVAL A. Approval of Minutes of the July 21, 2021 Regular Meeting Mrs. Darrah moved that the minutes of the July 21, 2021 meeting be approved, seconded by Mrs. Berry. Ayes: 5. Motion carried. B. Motion to Receive and File July 2021 Expenses Mr. Voigt moved that the July 2021 expenses be received and filed, seconded by Mrs. Berry. Ayes: 5. Motion carried. 2 Page 391 of 394 C. Use of CARES Act Funds—Grant 48 Mr. Kaspari requested approval from the Board to designate up to $150,000 of CARES Act funds to supplement IDOT CSVI funds for the continued rehabilitation . of Hangar No. 4. P. Mr. Petersen and Mr. Newton questioned why funds continue to be allocated toward a vacant hangar rather than the occupied hangars that Livingston, a paying tenant, rents. They also expressed concern that once Hangar 4 is fully rehabilitated that it may shift additional business away from the FBO. David Hughes stated that the bid previously submitted for LED lighting for the Livingston Maintenance hangar was $30,000 - $35,000. Mr. Voigt moved to direct Staff to allocate up to $150,000 of CARES Act funds to split between Livingston and Hangar 4, with the Livingston funding to go toward the LED lighting in the Maintenance Hangar, as well as some necessary roof repairs. The balance can then be used toward Hangar 4. Motion seconded by Mrs. Darrah, Ayes: 5. Motion carried. VI. OLD BUSINESS A. Monthly Construction Update Mr. Kaspari referenced the pictures included in the Board packet and stated that the airfield construction is on track to be completed by the end of September. B. PFOA/PFAS Previously discussed. C. Review of Monthly Parking Lot Revenue Mr. Kaspari reviewed recent months' parking lot revenue and stated that revenue is starting to tick back up, but a memorandum to the Board reflected that while parking lot revenue was increasing due to a minimal increase in passengers using the airport, average monthly parking revenue has returned to maybe 40% of ALO's pre-COVID monthly totals. VII. NEW BUSINESS A. City of Waterloo—ALO Airport Department Fiscal Year 2021 End of Year Report Mrs. Combs referenced the FY-2021 Budget Report included in the packet. The operating Ioss of$154,309.76 was offset by a CARES Act Draw of almost the same amount, to cover operating expenses. 3 Page 392 of 394 B. Request for Board Support to Allow Staff to Expend up to $150,000 of CARES Act Funds via Grant No: 48, and to Supplement Existing IDOT CSVI funds for the Continued Rehabilitation of Hangar No: 4. Previously discussed. C. Verbal Report of August 11 13 St. Augustine, FL, Air Service Forum Hosted by Volaire Aviation. Mr. Kaspari and Mr. Deeds gave an overview of their meetings with airline carriers in attendance. D. Copy of 2019 USDOT—EAS Invitation to Air Carriers to Serve Waterloo. Mr. Kaspari stated that the USDOT should soon be sending out the Invitation to Bid for May 1, 2022 April 30, 2024 Air Service at ALO. E. Support Staff s Recommendation for a 2-Year Extension of the General Services Administration (GSA) Agreement for an Office Lease for the DHS and the Transportation Security Administration 2021/2023. Mr. Kaspari reviewed the terms of the lease, which includes a slight increase in fees each year. Mr. Voigt moved the Board support of Mr. Kaspari's recommendation, seconded by Mrs. Berry. Ayes: 5. Motion carried. F. Request by Osprey Aviation Officials for a Multi-Year Waiver of Monthly Lease Rent bees. Mr. Kaspari stated that Osprey Aviation is seeking 23-Years and 3-Months deferred lease rent totaling on or about ($102,571.77) to cover what they see as the City of Waterloo's responsibility for the additional concrete work that was done around their aircraft hangar. Mr. Kaspari proposed giving them the same 46-month abatement as was given to A- Line/POS, in order to remain in compliance with FAA Grant Assurance regulations that all tenants be treated the same. Mr. Voigt moved, and Mrs. Berry seconded, to not approve (to deny) Osprey's request for 23-Years and 3-Nonths of deferred rent. Ayes: 5. Motion carried. G. General Discussion/Introduction. Expansion of Army Aviation Support Facility (AASF) by the Iowa National Guard. Major Knutson, with the Iowa National Guard, summarized their request. Mrs. Berry moved, and Mr. Voigt seconded,that the Board support the request. Ayes: 5. Motion carried. 4 Page 393 of 394 VIII. STAFF AND BOARD MEMBER COMMENT No comment was provided by Staff or any Board Members. IX. ADJOURNMENT Hearing no objections, Mrs. Humble adjourned the meeting at 1:30 p.m. Respectfully submitted, all Arlene Humble, Chairperson I i S Page 394 of 394