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HomeMy WebLinkAbout2019-09-03 ResolutionItem Number: 5.b. 'r AL CITY OF IOWA CITY =� COUNCIL ACTION REPORT September 3, 2019 Resolution Amending FY2020 Inter -fund Transfer Prepared By: Jacklyn Fleagle, Budget & Compliance Officer Reviewed By: Dennis Bockenstedt, Finance Director Fiscal Impact: Approved as part of the Fiscal Year 2020 Budget Amendment #1 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The Iowa Department of Management adopted new administrative rules regarding the handling of inter -fund transfers. All inter -fund transfers are now required to be adopted by resolution by the City Council. Background /Analysis: In April 2019, the Iowa Administrative Code incorporated new regulations surrounding the management of inter -fund transfers. In addition to being adopted as part of the budget, which is subject to a public hearing, inter -fund transfers are now required to be approved by the City Council by resolution. Each transfer must include the fund sending the transfer, the fund receiving the transfer, the amount of the transfer, and the reason for the transfer. These new rules took effect in May 2019. ATTACHMENTS: Description Resolution 5h Prepared by: Jacklyn Fleagle, Budget & Compliance Officer, 410 E. Washington Sl., Iowa City, IA 52240, (319)356-5063 Resolution No. 19-226 Resolution Amending FY2020 Inter -fund Transfers Now therefore, be it resolved by the City Council of the City of Iowa City, Iowa that the City of Iowa City, In Johnson County, Iowa, approves the following transfer of monies between funds In accordance with the Administrative Code of the State of Iowa. The City Finance Director Is hereby authorized to inflate and record the listed inter -fund transfers up to the amounts set out below. Transfer Out Transfer In Original Amended Fund Fund Reason Amount Amount General Fund Cable TV Equipment Reserve Equipment Reserve $10,000.00 $10,000.00 General Fund Wastewater Fund Low Income Discount Donations $1,000.00 $1,000.00 General Fund Water Fund Low Income Discount Donations $1,000.00 $1,000.00 General Fund Refuse Collection Fund Low Income Discount Donations $2,000.00 $2,000.00 General Fund Stem Water Fund Low Income Discount Donations $1,000.00 $1,000.00 General Fund Capital Projects CIP funding $1,689,822.00 $1,844,822.00 General Fund Airport Fund CIP funding $100,000.00 $100,000.00 General Fund MPOJC Fund Operating funding $69,012.00 $69,012.00 General Fund Affordable Housing Fund Operating Funding $1,000,000.00 $1,000,000.00 General Fund Library Replacement Reserve Equipment Reserve $62,422.00 $62,422.00 General Fund Debt Service Fund Aniston Village Loan Pmt $20,052.00 $20.052.00 General Fund Transit Fund Transit Levy Transfer $3,721,479.00 $3,721,479.00 General Fund TIF Fund Hilton Garden Inn Rebate Transfer $107,620.00 $107,620.00 General Fund Landfill Fund Loan Repayment $55,587.00 $77,822.00 Public Art Fund Capital Projects CIP funding $0.00 $73,450.00 CDBG Fund Capital Projects CIP funding $0.00 $39,172.00 HOME Fund Housing Authority Fund Operating funding $29,290.00 $93,533.00 Road Use Tax Fund Capital Projects CIP funding $2,947,000.00 $3,647,360.00 Road Use Tax Fund Landfill Fund Loan Repayment $37,058.00 $51,881.00 Road Use Tax Fund General Fund Forestry Cost Share $82,326.00 $82,326.00 Road Use Tax Fund MPOJC Fund Cost share $283,518.00 $283,518.00 Employee Benefits General Fund Employee benefits $10,924,104.00 $11,467,445,00 Employee Benefits Road Use Tax Fund Employee benefits $464,474.00 $515,321.00 Tax Increment Financing General Fund Loan Repayment $1,166,322.00 $1,166,322.00 Tax Increment Financing Capital Projects TIF pre -certification expenditures $32,479.00 $32,479.00 Tax Increment Financing Debt Service Debt payments $1,059,868.00 $1,059,868.00 Parking Fund Landfill Fund Loan Repayment $249,736.00 $249,736.00 Parking Fund Capital Projects CIP funding $675,000.00 $675,000.00 Parking Fund Parking Debt Service Lease Payment $1,021,221.00 $1,021,221.00 Transit Fund Transit Bus Reserve Reserve Transfer $275,000.00 $275,000.00 Wastewater Fund Wastewater Debt Reserve Debt payments $2,935,300.00 $2,935,300.00 Wastewater Fund Wastewater Capital Projects CIP funding $2,940,000.00 $2,940,000.00 Wastewater Capital Projects Wastewater Fund Loan Repayment $1,750,000.00 $1,750,000.00 Water Fund Water Debt Reserve Debt payments $2,002,728.50 $2,002,729.00 Water Fund Water Capital Projects CIP funding $1,057,350.00 $1,210,000.00 Landfill Fund Landfill Reserves ClosurefReplacement funding $984,603.00 $984,603.00 Landfill Fund Capital Projects CIP funding $1,830,000.00 $1,830,000.00 Landfill Fund Capital Projects Interfund Loan $0.00 $1,000,000.00 Airport Fund Capital Projects CIP funding $85,025.00 $85,025.00 Storm Water Fund Storm Water Capital Projects CIP funding $990,000.00 $1,090,000.00 Housing Authority Fund General Fund PILOT/NDS Director cost share $49,483.00 $49,483.00 Passed and approved this 3rd dayof September ,/20/19 L I Ma : Approved by c, Attest:5 - 3 Q —1 City Clerk City Attomey's Office Resolution No. 19-226 Page 2 It was moved by salih and seconded by Mims Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x "A►�il x Cole Mims Salih Taylor Teague Thomas Throgmorton the Item Number: 5.c. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT September 3, 2019 Resolution accepting the work for the Cardigan Park Improvement Project. Prepared By: Juli Seydell Johnson - Parks & Recreation Director Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: This project expanded park amenities for Cardigan Park in a newly developed neighborhood on the east side of Iowa City. The project added a shelter structure, fire ring, concrete walking paths, trees and a pollinator garden. Work on the project was recently completed by All American Concrete, I nc. of West Liberty, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. Project Estimated Cost: Project Bid Received: Project Actual Cost: Background /Analysis: ATTACHMENTS: Description Engineer's Report Resolution $ 145,000.00 $ 163,604.00 $ 171,505.00 ENGINEER'S REPORT August 17, 2019 City Clerk Iowa City, Iowa Re: Cardigan Park Improvement Project Dear City Clerk: I P 1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org I hereby certify that the construction of the Cardigan Park Improvement Project has been completed by All American Concrete, Inc. of West Liberty, Iowa in substantial accordance with the plans and specifications prepared by Confluence Inc. The project was bid as a unit price contract and the final contract price is $ 171,505.00. There were two (2) change or extra work orders for the project as described below: Change Order Description Net Contract Change 1. Subgrade core out and rock installation $ 384.00 2, Mobilization for additional relocation of trees $ 385.00 TOTAL $ 769.00 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Ben Clark, Senior Civil Engineer, Public Works, 410 E. Washington Sl., Iowa City, IA 52240 (319) 356-5436 Resolution No. 19-227 Resolution accepting the work for the Cardigan Park Improvement Project Whereas, the Engineering Division has recommended that the work for construction of the Cardigan Park Improvement Project, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated March 6, 2018, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Cardigan Park Development account # R4345; and Whereas, the final contract price is $171,505.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of September M or Or Olt Approved bye Attest: I� UO a- d 5 I S City Jerk City Attomey's office It was moved by Salih and seconded by trims the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton Item Number: 5.d. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT September 3, 2019 Resolution accepting the work for the Peterson Street Stormwater Pipe Repair Project Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Simon Andrew, Assistant to the City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: This project has been completed by CAJ Enterprises, Inc. of West Branch, Iowa, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. • Project Estimated Cost: $ 28,430.00 • Project Bid Received: $ 24,025.80 • Project Final Cost: $ 42,793.13 Background /Analysis: A forty -eight -inch diameter corrugated metal storm sewer pipe was installed in the late 1970's, and had corroded to the point where a sinkhole had developed at the surface. This project included the replacement of eighty linear feet of pipe and associated surface repairs. ATTACHMENTS: Description Engineer's Report Resolution ENGINEER'S REPORT August 19, 2019 City Clerk Iowa City, Iowa Re: Peterson Street Stormwater Pipe Repair Project Dear City Clerk: I r I ��P® CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org I hereby certify that the construction of the Peterson Street Stormwater Pipe Repair Project has been completed by .CAJ Enterprises, Inc. of West Branch, Iowa, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The project was bid as a unit price contract and the final contract price is $ 42,793.13. There was one (1) change or extra work order for the project as described below: Change Order Description Net Contract Change 1. Installation of an additional 40 linear feet of pipe and welded tee section. $21,019.60 I recommend that the above -referenced improvements be accepted by the City of Iowa City, Sincerely, ,�... _ . Jason Havel, P.E, City Engineer Prepared by: Ben Clark, Senior Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 19-228 Resolution accepting the work for the Peterson Street Stormwater Pipe Repair Project Whereas, the Engineering Division has recommended that the work for construction of the Peterson Street Stormwater Pipe Repair Project, as included in a contract between the City of Iowa City and CAJ Enterprises, Inc. of West Branch, Iowa, dated June 17, 2019, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Annual Storm Water Improvements account # M3631; and Whereas, the final contract price is $42,793.13 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of September 2019 Approved by Attest: / 5 %— a i ( City Jerk City Attorney's Office It was moved by Salih and seconded by Mims adopted, and upon roll call there were: Ayes: Nays: Absent: the Resolution be x Cole Mims Salih Taylor Teague Thomas Throgmorton Ma r Approved by Attest: / 5 %— a i ( City Jerk City Attorney's Office It was moved by Salih and seconded by Mims adopted, and upon roll call there were: Ayes: Nays: Absent: the Resolution be x Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 5.e. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT September 3, 2019 Resolution authorizing the Mayor to sign and the City Clerk to attest a sidewalk easement agreement and accepting the dedication thereof from ACT, Inc. Prepared By: Sara Greenwood Hektoen, Assistant City Attorney Reviewed By: Ron Knoche, Public Works Director Simon Andrew, Assistant to the City Manager Fiscal Impact: Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Easement Agreement Executive Summary: ACT intends to install a sidewalk along the south side of North Dubuque Road from its campus to North Scott Boulevard. Background /Analysis: The existing ROW is insufficient to accommodate a properly designed sidewalk, so this access easement is necessary for public use of the sidewalk. ATTACHMENTS: Description Resolution Easement Agreement Prepared by: Sara Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 19-229 Resolution authorizing the Mayor to sign and the City Clerk to attest a sidewalk easement agreement and accepting the dedication thereof from ACT, Inc. Whereas, ACT, Inc. desires to install a sidewalk along the south side of North Dubuque Road from North Scott Boulevard to its main campus; and Whereas, during the course of designing the sidewalk to City standards, it was determined that the existing right-of-way was insufficient to accommodate an ADA compliant ramp and turning space in alignment with existing and planned sidewalks at the intersection of North Dubuque and North Scott; Whereas, because certain sidewalk features will be located outside of the right-of-way, an easement is needed so that the public has the right to use the portion of sidewalk that is on private property; and Whereas, the execution of said easement agreement is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City does hereby accept the dedication of a sidewalk access easement as described in the attached "Off-site Permanent Sidewalk Access Easement" agreement. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the attached easement agreement to effectuate this dedication. 3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same, along with the above -referenced easement agreement in the Johnson County Recorder's Office at the expense of ACT, Inc. Passed and approved this 3rd day of Se tember 019. R Ma or / Attest: P� �--� Approved by:l�ctiu City Clerk /\ City Attorney's Office A9A COVOM11 K Resolution No. 19-229 Page 2 It was moved by Salih and seconded by trims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton Prcparedbv and Return to: Sara F.G. Hektoen, 410 E_ Washin4ton Street Iowa City, Iowa 52240 319-331-4750 OFF-SITE PERMANENT SIDEWALK ACCESS EASEMENT This Agreement, made and entered into by and between ACT, Inc. ("Owner'), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa ("City'), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: Owner states and covenants that it is the owner of certain real estate locally known as 2041 North Dubuque Road, Iowa City, Iowa, a portion of which is legally described in the attached Exhibit A, attached hereto and incorporated herein by this reference, by virtue of legal and/or equitable title, that it is lawfully seized and possessed of said real estate, and that it has good and lawful right to convey this easement. 2. Owner hereby grants and conveys to the public a means of pedestrian ingress, egress and passage over the area described on Exhibit A and referred to herein as "easement area." The City shall have no responsibility for maintaining the easement arca. Owner agrees to install and maintain a sidewalk within the easement area in accordance with state and local laws, including the City of Iowa City Code of Ordinances Chapter 16- 1 "Streets, Sidewalks and Public Right -of -Way", as may be amended from time to time. 4. The Owner reserves the right to use the above-described easement area for purposes which shall not interfere with the rights granted in this Agreement; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or constrict any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement area. Any such improvements placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. The provisions hereof shall inure to the benefit of and bind the heirs, successors, personal representatives and assigns of the respective parties hereto, shall be deemed a covenant with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office. Dated this 31 day of JlA I , 2019. CITY OF IOWA CITY, IOWA ACT, INC. By: G By: James A. Throginorton, Mayr Santonu Jana, CFO ATTEST: Approved By By. City Attorney's Office g 9 7 Kellie I . Fruehling, C y Clerk / CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA COUNTY OF JOHNSON This instrument was acknowledged before me on thisday of kb f , 20/�, by James A. Throgmorton and attested by Kellie K. Fruehling, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. CHRISTINE OLNEY 119010WO,N Commission Plumber 806232Icy Commissio xpiro$ Notary Public in and for State of Iowa 11 ACT, INC. ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this `1-�1 dayof �,A" , 20V`'j, by Santonu Jana, as CFO of ACT, Inc. Notary Public in and for the State of Iowa h� t=Decem CK 00896 b ires 19 EXHIBIT A That part of the southwest quarter of the northeast quarter of section 2, township 79 north, range 6 west of the 5th principal meridian, Iowa City, Johnson County, Iowa described here as follows: Beginning at southeast corner of the intersection of Scott Boulevard and Dubuque Road, said corner also being a comer of auditor's parcel 98048 (Plat of survey recorded in book 2479, page 288 at the Johnson County recorder's office); Thence north 76°52'24" east 52.00 feet along the southerly right-of-way line of said Dubuque Road (Assumed bearing for this description only); Thence south 52'07'10" west 35.82 feet, Thence south 76°52'24" west 19.47 feet to a point of intersection with the easterly right-of-way line of said Scott Boulevard; Thence north 13°07'36" west 15.00 feet along said easterly right-of-way line to the point of beginning and containing 536 square feet more or less. Prepared by and Return to: Sara F.G. Hektoen, 410 E. Washington Street, Iowa City, Iowa 52240 319-331-4750 OFF-SITE PERMANENT SIDEWALK ACCESS EASEMENT This Agreement, made and entered into by and between ACT, Inc. ("Owner"), which expression shall include its successors in interest and assigns, and iffic City of lowa City, Iowa ("City"), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: 1. Owner states and covenants that it is the owner of certain real estate locally known as 2041 North Dubuque Road, Iowa City, Iowa, a portion of which is legally described in the attached Exhibit A, attached hereto and incorporated herein by this reference, by virtue of legal and/or equitable title, that it is lawfully seized and possessed of said real estate, and that it has good and lawful right to convey this easement. 2. Owner hereby grants and conveys to the public a means of pedestrian ingress, egress and passage over the area described on Exhibit A and referred to herein as "easement area." The City shall have no responsibility for maintaining the easement area. 3. Owner agrees to install and maintain a sidewalk within the easement area in accordance with state and local laws, including the City of Iowa City Code of Ordinances Chapter 16- 1 "Streets, Sidewalks and Public Right -of -Way", as may be amended from time to time. 4. The Owner reserves the right to use the above-described easement area for purposes which shall not interfere with the rights granted in this Agreement; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement area. Any such improvements placed in the easement area, with or without City approval, may be removed by the City without compensation or replacement. 5. The provisions hereof shall inure to the benefit of and bind the heirs, successors, personal representatives and assigns of the respective parties hereto, shall be deemed a covenant with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office. Dated this 3 day of J U I , 2019. CITY OF IOWA CITY, IOWA ACT, INC. C. 7 By: By: / James A. Throgmorton, Mayor Santonu Jana, CFO ATTEST: Approved gy �.. Ey: Kellie K. Fruehling, City Clerk City Attomey's office �rfi711-> CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA COUNTY OF JOHNSON This instrument was acknowledged before me on this day of , 20_, by James A. Throgmorton and attested by Kellie K. Fruehling, as Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for the State of Iowa ACT, INC. ACKNOWLEDGEMENT STATE OF IOWA } }SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this 31 day of 20�, by Santonu Jana, as CFO of ACT, Inc. Notary Public in and for the State of Iowa S HANNONCK 00896 Ew ires 9 EXHIBIT A That part of the southwest quarter of the northeast quarter of section 2, township 79 north, range 6 west of the 5th principal meridian, Iowa City, Johnson County, Iowa described here as follows: Beginning at southeast corner of the intersection of Scott Boulevard and Dubuque Road, said corner also being a corner of auditor's parcel 98048 (Plat of survey recorded in book 2479, page 288 at the Johnson County recorder's office); Thence north 76°52'24" east 52.00 feet along the southerly right-of-way line of said Dubuque Road (Assumed bearing for this description only); Thence south 52'07'10" west 35.82 feet; Thence south 76°52'24" west 19.47 feet to a point of intersection with the easterly right-of-way line of said Scott Boulevard; Thence north 13°07'36" west 15.00 feet along said easterly right-of-way line to the point of beginning and containing 536 square feet more or less. Item Number: 9. I �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT September 3, 2019 Resolution Amending the Current Budget for Fiscal Year Ending June 30, 2020 Prepared By: Jacklyn Fleagle, Budget & Compliance Officer Reviewed By: Dennis Bockenstedt, Finance Director Ashley Monroe, Assistant City Manager Fiscal Impact: FY2020 budget revisions funded through new revenues or available fund balance Recommendations: Staff: Approval Commission: N/A Attachments: FY20 Amendment #1 City Budget Amendment Certification Resolution Executive Summary: The Finance Department requests the City Council conduct a public hearing for consideration of amending the fiscal year 2020 annual budget on September 3, 2019. This is the first budget amendment for fiscal year 2020. Background /Analysis: Budget amendments are submitted to the Finance Department and reviewed for approval by the Finance Director and City Manager. Requests to carry appropriations over from one year to the next are also submitted and approved in the same manner. A formal recommendation for a budget amendment is then prepared for City Council approval. The State of Iowa allows cities to amend the annual operating budget for supplemental appropriation authority. These changes may include new or revised revenue and expenditure projections, transfers between funds, and capital improvement plan changes. I ncreased expenditures must utilize available fund balance or additional revenue sources, as the State does not allow amendments to increase property taxes. According to the City's financial policies, amendments to operating budgets will be made only in the following situations: • emergency situations • transfer from contingency • expenditures with offsetting revenues or fund balance • carry-over of prior year budget authority for expenses that had not been paid as of the end of the fiscal year. This proposed budget amendment increases overall revenues and transfers -in by $10,379,020, as shown on Line 15 of the attached notice (see Revenues & Other Financing Sources, lines 1- 15). The majority of the revenues being amended is for intergovernmental revenues, other financing sources, and transfers in. Intergovernmental revenues (line 9) are being increased by $5,767,294, which primarily represents State and Federal grants on capital projects and HOME/CDBG revenues that are being carried forward from the prior year. Other Financing Sources (line 13) is being amended by $1,668,855 for UniverCity home sales and the Sale of Land for the Public Works Facility. Transfers in (line 14) are being amended by $2,816,121 for transfers being carried forward including the following: an increase in interfund loan for the Public Works Facility ($1,000,000), Employee Benefits transfer ($594,188), Bridge Maintenance/Repair ($400,000), and Permitting Software Upgrade ($192,000). Lastly, Miscellaneous Revenues (line 12) are being amended by $97,256 for the various grants and expected donations. The section entitled Expenditures & Other Financial Uses (lines 16-28) provides for an increase in appropriations of $56,957,355. The majority of the increase in appropriations is related to governmental capital improvement projects that are being carry forward from prior years (line 23) and total $40,000,596. The next largest increase in appropriations is for the Business Type/Enterprise program (line 25) and totals $11,007,612. The increase in this program primarily reflects the carry forward of utility fund capital improvement projects from prior years. The last significant amendment is for the Community and Economic Development program (line 20) and totals $2,097,559. This primarily reflects the carry forward of appropriations for the CDBG/HOME programs and the UniverCity program. The net budgeted result to fund balances is a reduction of $46,478,106 (line 29), after factoring for actual changes in the beginning fund balance (line 30). This reduction will be covered through excess fund balances and bond funds and will not affect property tax revenues or levies. The City Budget Amendment and Certification Resolution for the first budget amendment of fiscal year 2020 is attached to this memo along with a detailed list of the individual amendments. ATTACHMENTS: Description FY20 Amdendment #1 City Budget Amendment Certification Resolution Budget Amendments 1000 10210200 412000 Communications Temp to Perm Positions 78,585.00 21 1000 10210200 421100 Communications Temp to Perm Positions 17,888.00 21 1000 10210200 421200 Communications Temp to Perm Positions 245.00 21 1000 10210200 421300 Communications Temp to Perm Positions 173.00 21 1000 10210200 421400 Communications Temp to Perm Positions 340.00 21 1000 10210200 422100 Communications Temp to Perm Positions 2,013.00 21 1000 10210200 423100 Communications Temp to Perm Positions 2,480.00 21 1000 10210200 413000 Communications Temp to Perm Positions (52,320.00) 21 1000 10310710 479999 Communications Temp to Perm Positions (49,404.00) 21 3100 31510900 393140 City Hall Boiler Project 92,000.00 14 R4133 3100 31510900 472010 City Hall Boiler Project 308,000.00 23 R4133 3100 31310790 393140 Permitting Software Upgrade (192,000.00) 14 G4720 1000 10310710 490040 City Hall Boiler Project 100,000.00 27 R4133 3100 31410930 393140 Body Camera Replacement (55,000.00) 14 1000 10310710 490040 Body Camera Replacement 55,000.00 27 3100 31410930 474420 Body Camera Replacement 60,000.00 23 1000 10410310 476130 Body Camera Replacement (55,000.00) 16 1000 10410310 362100 Body Camera Replacement (5,000.00) 12 7400 74740130 413000 Yard Waste seasonal workers 30,000.00 25 7400 74740130 422100 Yard Waste seasonal workers 2,295.00 25 7400 74740130 423100 Yard Waste seasonal workers 2,832.00 25 7151 71810280 331150 bus replacements (338,997.00) 9 7151 71810280 474250 bus replacements 398,820.00 25 7500 75750121 473010 061 Landfill Gate Replacement 33,000.00 25 8200 82310625 473010 061 Landfill Gate Replacement 62,000.00 X 1000 10120100 421100 Health Insurance Increase 6,118.30 21 1000 10130100 421100 Health Insurance Increase 6,351.09 21 1000 10210100 421100 Health Insurance Increase 5,524.20 21 1000 10210200 421100 Health Insurance Increase 3,682.80 21 1000 10210251 421100 Health Insurance Increase 5,524.20 21 1000 10210300 421100 Health Insurance Increase 5,524.20 21 1000 10210400 421100 Health Insurance Increase 2,435.50 21 1000 10210510 421100 Health Insurance Increase 1,841.40 20 1000 10310100 421100 Health Insurance Increase 3,117.09 21 1000 10310200 421100 Health Insurance Increase 9,147.91 21 1000 10310310 421100 Health Insurance Increase 6,444.85 21 1000 10310400 421100 Health Insurance Increase 12,083.34 21 1000 10310630 421100 Health Insurance Increase 1,841.40 21 1000 10410100 421100 Health Insurance Increase 3,682.80 16 1000 10410210 421100 Health Insurance Increase 4,871.01 16 1000 10410220 421100 Health Insurance Increase 7,950.70 16 1000 10410240 421100 Health Insurance Increase 6,712.41 16 1000 10410260 421100 Health Insurance Increase 11,048.30 16 1000 10410310 421100 034 Health Insurance Increase 1,838.68 16 1000 10410310 421100 Health Insurance Increase 97,131.05 16 1000 10410320 421100 Health Insurance Increase 14,712.13 16 1000 10410357 421100 Health Insurance Increase 1,838.68 16 1000 10410358 421100 Health Insurance Increase 1,838.68 16 1000 10410359 421100 Health Insurance Increase 1,841.40 16 1000 10410427 421100 Health Insurance Increase 4,657.19 16 1000 10410430 421100 Health Insurance Increase 1,402.03 16 1000 10450110 421100 Health Insurance Increase 5,524.20 16 1000 10450200 421100 Health Insurance Increase 98,524.07 16 1000 10450300 421100 Health Insurance Increase 1,841.40 16 1000 10450400 421100 Health Insurance Increase 1,838.68 16 1000 10510100 421100 Health Insurance Increase 1,841.40 19 1000 10510300 421100 Health Insurance Increase 3,682.70 21 1000 10510311 421100 Health Insurance Increase 4,276.90 21 1000 10520100 421100 Health Insurance Increase 1,841.40 19 1000 10520200 421100 Health Insurance Increase 4,410.58 19 1000 10520264 421100 Health Insurance Increase 974.18 19 1000 10520410 421100 Health Insurance Increase 1,841.40 19 1000 10520510 421100 Health Insurance Increase 828.67 19 1000 10520542 421100 Health Insurance Increase 3,855.13 19 1000 10520710 421100 Health Insurance Increase 1,841.40 19 1000 10520810 421100 Health Insurance Increase 1,841.40 19 1000 10520900 421100 Health Insurance Increase 1,841.40 19 1000 10530100 421100 Health Insurance Increase 3,682.70 19 1000 10530200 421100 Health Insurance Increase 13,424.92 19 1000 10530210 421100 Health Insurance Increase 1,188.21 19 1000 10530235 421100 Health Insurance Increase 3,682.80 19 1000 10530300 421100 Health Insurance Increase 7,959.70 17 1000 10540100 421100 Health Insurance Increase 4,276.90 19 1000 10550110 421100 Health Insurance Increase 1,782.31 19 1000 10550121 421100 Health Insurance Increase 6,905.17 19 1000 10550122 421100 Health Insurance Increase 460.43 19 1000 10550140 421100 Health Insurance Increase 8,192.49 19 1000 10550150 421100 Health Insurance Increase 27,257.58 19 1000 10550159 421100 Health Insurance Increase 594.10 19 1000 10550160 421100 Health Insurance Increase 7,710.58 19 1000 10550430 421100 Health Insurance Increase 237.70 19 1000 10550600 421100 Health Insurance Increase 3,682.80 19 1000 10570100 421100 Health Insurance Increase 7,699.16 19 1000 10610100 421100 Health Insurance Increase 2,854.03 20 1000 10610150 421100 Health Insurance Increase 1,841.40 20 1000 10610210 421100 Health Insurance Increase 2,108.65 20 1000 10610610 421100 Health Insurance Increase 13,466.93 16 1000 10610620 421100 Health Insurance Increase 7,018.00 20 1000 10610710 421100 Health Insurance Increase 3,590.82 20 1000 10610730 421100 Health Insurance Increase 14,077.49 16 1000 10710100 421100 Health Insurance Increase 3,682.80 17 1000 10710200 421100 Health Insurance Increase 17,107.62 17 1000 10710210 421100 Health Insurance Increase 7,365.60 17 1000 10810100 421100 Health Insurance Increase 3,682.80 20 1000 10810200 421100 Health Insurance Increase 1,841.40 20 1000 10310710 393110 Employee Benefits Levy (543,341.33) 14 2100 21610310 421100 Health Insurance Increase 1,236.09 20 2110 21610410 421100 Health Insurance Increase 928.09 20 2200 22710322 421100 Health Insurance Increase 3,682.90 17 2200 22710324 421100 Health Insurance Increase 1,841.40 17 2200 22710325 421100 Health Insurance Increase 1,841.30 17 2200 22710331 421100 Health Insurance Increase 5,524.20 17 2200 22710332 421100 Health Insurance Increase 33,680.22 17 2200 22710333 421100 Health Insurance Increase 4,276.90 17 2200 22710310 393110 Employee Benefits Levy (50,846.92) 14 2350 23610811 421100 Health Insurance Increase 2,209.64 20 2350 23610812 421100 Health Insurance Increase 6,118.41 20 2400 24310640 421100 Health Insurance Increase 1,012.84 21 2400 24310640 490100 Employee Benefits Levy 594,188.25 27 7100 71810110 421100 Health Insurance Increase 4,856.76 25 7100 71810120 421100 Health Insurance Increase 10,997.28 25 7100 71810141 421100 Health Insurance Increase 6,031.14 25 7100 71810142 421100 Health Insurance Increase 1,101.05 25 7100 71810143 421100 Health Insurance Increase 1,514.75 25 7100 71810144 421100 Health Insurance Increase 297.00 25 7150 71810210 421100 Health Insurance Increase 1,427.70 25 7150 71810221 421100 Health Insurance Increase 48,074.50 25 7150 71810230 421100 Health Insurance Increase 9,801.10 25 7150 71810245 421100 Health Insurance Increase 297.10 25 7200 72720110 421100 Health Insurance Increase 4,276.90 25 7200 72720122 421100 Health Insurance Increase 26,373.70 25 7200 72720140 421100 Health Insurance Increase 9,801.10 25 7300 73730110 421100 Health Insurance Increase 4,603.45 25 7300 73730120 421100 Health Insurance Increase 12,177.52 25 7300 73730130 421100 Health Insurance Increase 10,989.31 25 7300 73730140 421100 Health Insurance Increase 16,426.35 25 7400 74740110 421100 Health Insurance Increase 2,391.82 25 7400 74740120 421100 Health Insurance Increase 8,553.81 25 7400 74740130 421100 Health Insurance Increase 2,435.50 25 7400 74740140 421100 Health Insurance Increase 12,889.70 25 7400 74740150 421100 Health Insurance Increase 2,435.50 25 7500 75750110 421100 Health Insurance Increase 2,392.03 25 7500 75750121 421100 Health Insurance Increase 10,733.07 25 7500 75750122 421100 Health Insurance Increase 5,524.20 25 7500 75750123 421100 Health Insurance Increase 1,841.40 25 7500 75750220 421100 Health Insurance Increase 594.10 25 7600 76850110 421100 Health Insurance Increase 594.10 25 7700 77770110 421100 Health Insurance Increase 4,603.45 25 7900 79490110 421100 Health Insurance Increase 12,504.28 25 7900 79490115 421100 Health Insurance Increase (12,504.28) 25 7910 79490210 421100 Health Insurance Increase 8,523.95 25 7910 79490230 421100 Health Insurance Increase 1,217.65 25 7910 79490240 421100 Health Insurance Increase 460.43 25 7920 79490310 421100 Health Insurance Increase 1,544.71 25 7920 79490330 421100 Health Insurance Increase 297.10 25 7920 79490340 421100 Health Insurance Increase 460.43 25 8100 81710510 421100 Health Insurance Increase 16,426.35 X 8200 82310610 421100 Health Insurance Increase 3,314.67 X 8300 83310510 421100 Health Insurance Increase 13,162.08 X 8400 84310330 421100 Health Insurance Increase 920.75 X 1000 10310100 455110 Investment Management Software 15,000.00 21 1000 10310100 476130 Kronos, Laserfiche, Munis upgrades 16,500.00 21 1000 10210200 476130 Laserfiche software (31,500.00) 21 7300 73730130 490040 Spruce St Water Main 152,650.00 27 7305 73730905 393210 Spruce St Water Main (152,650.00) 14 7305 73730905 473010 Spruce St Water Main 152,650.00 25 8300 83310510 443060 Phone Maintenance Agreement 28,400.00 X 2200 22710322 473010 Traffic Pole Painting 36,615.00 17 2200 22710325 469040 Traffic Pole Painting (25,000.00) 17 2200 22710325 438030 Traffic Pole Painting (11,615.00) 17 2200 22710910 490040 Road Use Tax Funding 200,360.00 27 3200 32710910 473010 Gilbert St Intersection Impr 20,000.00 23 53945 3200 32710910 393150 Gilbert St Intersection Impr (20,000.00) 14 S3945 3200 32710910 473010 Park Rd Bridge additions 180,360.00 23 53809 3200 32710910 393150 Park Rd Bridge additions (180,360.00) 14 S3809 7501 75750910 490190 PW Interfund loan increase 1,000,000.00 27 3100 31710940 393500 PW Interfund loan increase (1,000,000.00) 14 1000 10710100 490190 PW Interfund loan increase 22,235.00 27 1000 10710100 449360 PW Interfund loan increase 17,696.00 17 2200 22710310 449360 PW Interfund loan increase 11,798.00 17 2200 22710310 490190 PW Interfund loan increase 14,823.00 27 7501 75750910 393510 PW Interfund loan increase (37,058.00) 14 7501 75750910 381400 PW Interfund loan increase (29,494.00) 8 Requested Carryforwards 1000 10210510 448070 Economic Development Assistance 170,683.00 20 1000 10310710 448070 Housing Credit Match 145,000.00 20 1000 10410310 474420 Ped Mall Cameras 50,000.00 16 1000 10410430 432080 Deer Count and Hunt 81,000.00 16 1000 10410240 469190 Furniture 5,100.00 16 1000 10520364 472010 Landscaping and Lighting 15,500.00 19 1000 10520542 472010 Bulkhead replacements 16,000.00 19 1000 10520420 469150 Riverfront Crossings Celebration 12,000.00 19 1000 10520361 472010 Ceiling Tile or Sound Panels 20,000.00 19 1000 10520541 472010 Ceiling Tile or Sound Panels 45,000.00 19 1000 10530203 469190 Ned Ashton House Furniture 7,000.00 19 1000 10530225 432080 Prairie Establishment 25,000.00 19 1000 10530225 473010 Prairie Establishment 100,000.00 19 1000 10530200 473010 Automatic Locks Project 75,000.00 19 1000 10530200 473010 Backyard Abundance 15,000.00 19 1000 10530200 473010 Bocce Court College Green 15,000.00 19 1000 10510214 432080 Farmers Market Art 6,000.00 19 1000 10570100 472010 UV HVAC filter 5,000.00 19 1000 10610150 448010 Local Foods 59,180.00 20 1000 10610220 472010 U -City 520 N Dodge duplex 30,000.00 20 1000 10610220 392100 U -City 520 N Dodge sale (197,500.00) 13 1000 10610220 480350 U -City 520 N Dodge sale 167,500.00 20 1000 10610220 472010 U -City 225 N Gilbert downpmt assist 58,500.00 20 1000 10610220 392100 U -City 225 N Gilbert sale (203,177.00) 13 1000 10610220 480350 U -City 225 N Gilbert sale 185,000.00 20 1000 10610220 480350 U -City 229 N Gilbert downpmt assist 58,500.00 20 1000 10610220 392100 U -City 229 N Gilbert sale (268,178.00) 13 1000 10610220 480350 U -City 229 N Gilbert sale 250,000.00 20 1000 10610620 432060 Form Based Code 248,335.00 20 1000 10610620 448010 Historic Preservation Grants 30,000.00 20 1000 10610710 448010 PIN Grant 5,000.00 20 1000 10610720 473010 Public Art 21,900.00 20 1025 10610725 490040 Riverfront Crossing Public Art 73,450.00 27 new acct 3100 31530910 393140 Riverfront Crossing Public Art (73,450.00) 14 2110 21610420 490160 HOME Rent Assistance 64,243.00 27 2110 21610420 331100 HOME Grants (64,243.00) 9 7910 79490258 393910 HOME Rent Assistance (64,243.00) 14 7910 79490258 449180 HOME Rent Assistance 64,243.00 25 2110 21610420 448090 HOME Grants 388,793.00 20 2110 21610420 331100 HOME Grants (388,793.00) 9 2110 21610410 448090 HOME Grants 50,412.00 20 2110 21610410 331100 HOME Grants (50,412.00) 9 2100 21610320 448090 CDBG Grants 140,332.00 20 2100 21610320 331100 CDBG Grants 39,172.00 9 2100 21610320 448010 CDBG Grants 13,226.00 20 2100 21610320 331100 CDBG Grants (153,558.00) 9 2100 21610320 490160 CDBG Villa Pk 39,172.00 27 3100 31530910 393910 CDBG Villa Pk (39,172.00) 14 2200 22710332 443080 AVL Monthly fees 4,450.00 17 2200 22710332 474420 AVL Hardware Snow plows 9,500.00 17 2200 22710332 474420 Roller (16,000.00) 17 2300 23610299 442010 032 Healthy Homes 39,927.00 20 2300 23610299 362200 032 Healthy Homes (44,981.00) 12 7100 71810120 474420 Bike Racks for Bike -Share 5,000.00 25 7150 71810221 432080 Transit Route Study 200,000.00 25 7151 71810280 474250 Paratransit bus 95,000.00 25 7200 72720122 473010 Roof Repair 100,000.00 25 7200 72720130 473010 Lift Station Window Repl 10,000.00 25 7300 73730120 445230 Lime Solids Removal 34,741.00 25 7300 73730130 469020 Backwash flowmeter 11,999.00 25 7300 73730130 473010 Pavement Repairs 60,000.00 25 7400 74740120 443080 AVL Monthly fees 3,850.00 25 7400 74740120 474420 AVL Hardware Refuse trucks 8,500.00 25 7700 77770110 432060 Drainage Study 40,000.00 25 8100 81710510 475010 AVL Program software & setup 7,500.00 X CIP Carryforwards 7605 76850905 331100 Runway 12-30 Obstruction Mitigation (364,881.00) 9 A3442 7605 76850905 473010 Runway 12-30 Obstruction Mitigation 355,366.00 25 A3442 7605 76850905 334900 Airfield Repavement Rehab (228,800.00) 9 A3461 7605 76850905 473010 Airfield Repavement Rehab 268,617.00 25 A3461 7605 76850905 331100 Runway 7/25 Design Conversion (225,000.00) 9 A3464 7605 76850905 432090 Runway 7/25 Design Conversion 37,500.00 25 A3464 7605 76850905 473010 Runway 7/25 Design Conversion 212,500.00 25 A3464 7605 76850905 331100 Runway 25 Threshold Relocation (95,400.00) 9 A3470 7605 76850905 432090 Runway 25 Threshold Relocation 106,000.00 25 A3470 3100 31610900 473010 Riverfront Crossings Redevelopment 64,346.00 23 E4513 3100 31610900 448070 Chauncey Building grant 95,285.00 23 E4516 3100 31610900 448010 Carbon Emissions Reduction 82,439.00 23 E4520 3100 31610900 472010 City Hall Remodel for MPOJC 6,056.00 23 E4522 3100 31310790 476130 Permitting Software Upgrade 392,078.00 23 G4720 3100 31310790 336190 County Behavioral Access Center (4,000,000.00) 23 G4723 3100 31310790 472010 County Behavioral Access Center 6,500,000.00 23 G4723 3100 31310790 476130 Infrastructure Assest Management 275,000.00 23 G4724 7505 75750905 473010 Landfill Leachate Pumping 63,175.00 25 L3330 7505 75750905 473010 Compost Pad Improvements 250,000.00 25 L3333 7705 77770905 473010 Normandy Dr Storm Sewer Repl 246,550.00 25 M3629 7705 77770905 432090 Stevens Drive Storm Sewer Improvements 24,946.00 25 M3630 7705 77770905 473010 Stevens Drive Storm Sewer Improvements 350,000.00 25 M3630 7705 77770905 473010 Storm Water Improvements 382,167.00 25 M3631 7705 77770905 473010 Lower Muscatine Storm Sewer 38,010.00 25 M3632 3100 31710940 392100 Public Works Facility (1,000,000.00) 13 P3959 3100 31710940 472010 Public Works Facility 6,138,117.00 23 P3959 3100 31710940 473010 Idyllwild Drainage 312,136.00 23 P3976 3100 31710940 446050 West Riverbank Stablilization 23,940.00 23 P3981 3100 31710940 473010 West Riverbank Stablilization 1,191,788.00 23 P3981 3100 31710940 473010 Non -Public Safety Radio System 8,424.00 23 P3982 3100 31710940 473010 Equipment Shop Parking Lot 123,200.00 23 P3983 3100 31710940 432090 Equipment Shop Roof Repl 23,384.00 23 P3984 3100 31710940 473010 Equipment Shop Roof Repl 280,000.00 23 P3984 3100 31710940 473010 Sand/Salt Storage Bunkers 210,000.00 23 P3985 3100 31710940 473010 Brine Maker & Blending Station 95,000.00 23 P3985 3100 31530910 472010 City Hall Projects - Other CIP 71,341.00 23 R4129 3100 31530910 473010 Annual Park Improvements 150,452.00 23 R4130 3100 31530910 473010 Park Annual ADA Accessib 21,462.00 23 R4132 3100 31530910 473010 Park at N WWT Plant 631,935.00 23 R4185 3100 31530910 473010 Intra -City Bike Trails 36,596.00 23 R4206 3100 31530910 473010 Hickory Hill Trail Redesign 220,453.00 23 R4224 3100 31530910 334900 Hwy 1 Trail (500,000.00) 9 R4225 3100 31530910 473010 Hwy 1 Trail 523,080.00 23 R4225 3100 31530910 473010 Willow Creek Park 787,062.00 23 R4322 3100 31530910 473010 Rec Center Annual Impro 109,799.00 23 R4330 3100 31530910 369900 Upgrade Building BAS Controls 157,725.00 12 R4332 3100 31530910 472010 Upgrade Building BAS Controls 382,403.00 23 R4332 3100 31530910 473010 Ped Mall Reconstruction 2,604,172.00 23 R4340 3100 31530910 432040 Rec Center ADA Improv 34,481.00 23 R4351 3100 31530910 472010 Rec Center ADA Improv 430,000.00 23 R4351 3100 31530910 362100 IC Kickers Pk Soccer Field (10,000.00) 12 R4355 3100 31530910 473010 IC Kickers Pk Soccer Field 66,383.00 23 R4355 3100 31530910 473010 Lower City Pk Adventure Play 777,915.00 23 R4356 3100 31530910 461030 East Side Sports Complex 70,393.00 23 R4360 3100 31530910 473010 City Park Ball Field Improv 50,000.00 23 R4373 3200 32710910 331100 Gateway Project (280,893.00) 9 53809 3200 32710910 473010 Gateway Project 693,209.00 23 s3809 3200 32710910 473010 Van Buren St Project 26,618.00 23 53813 3200 32710910 473010 Traffic Calming 45,098.00 23 53816 3200 32710910 473010 Pavement Rehab 2,911,950.00 23 53824 3200 32710910 473010 Underground Electrical Facilities 1,112,917.00 23 53826 3200 32710910 473010 Annual Complete Street Improv 506,125.00 23 53827 3200 32710930 473010 Sidewalk Infill 82,231.00 23 53828 3200 32710910 334900 Burlington/Madison Intersection (2,011,000.00) 9 53834 3200 32710910 473010 Burlington/Madison Intersection 2,255,860.00 23 53834 3200 32710910 473010 American Legion Rd/Scott Blvd 88,019.00 23 53854 3200 32710910 331100 Mormon Trek Bentotn Right turn (132,682.00) 9 53868 3200 32710910 473010 Mormon Trek Bentotn Right turn 247,928.00 23 53868 2200 22710920 490040 Bridge Maint/Repair 400,000.00 27 53910 3200 32710920 393150 Bridge Maint/Repair (400,000.00) 14 53910 3200 32710920 473010 Bridge Maint/Repair 472,092.00 23 53910 3200 32710950 473010 Myrtle/Riverside Intersection 2,319,531.00 23 53933 3200 32710910 432090 McCollister Blvd -Gilbert to Syc 320,992.00 23 53934 3200 32710910 473010 McCollister Blvd -Gilbert to Syc 4,660,000.00 23 53934 3200 32710920 331150 Prentiss St Bridge (921,807.00) 9 53935 3200 32710920 473010 Prentiss St Bridge 1,775,856.00 23 53935 3200 32710910 432090 Melrose Ave Impr 198,875.00 23 53936 3200 32710910 473010 Melrose Ave Impr 50,000.00 23 53936 3200 32710910 473010 Washington St Reconstruction 143,486.00 23 53938 3200 32710950 432090 Firs Ave/Scott Blvd Intersection 124,866.00 23 53944 3200 32710950 471030 Firs Ave/Scott Blvd Intersection 75,000.00 23 53944 3200 32710910 473010 Gilbert St Intersection Impr 809,921.00 23 53945 3200 32710930 473010 Rochester Ave Sidewalk Infill 142,128.00 23 53948 3200 32710920 432090 Second Ave Bridge Repl 100,000.00 23 53949 3200 32710910 432090 Dodge St Reconstruction -Gov to Bur 25,580.00 23 53952 7105 71810915 473010 Parking Facility Restoration 186,281.00 25 T3004 7105 71810915 474420 Parking Facility and Enforcement Automation 94,233.00 25 T3009 7105 71810915 474420 Parking Equipment EMV Upgrade 75,000.00 25 T3018 7105 71810915 473010 Rec Center Parking Lot 301,182.00 25 T3019 7105 71810915 474420 Video Cameras- Prkng Facilities 100,000.00 25 T3021 7105 71810915 474420 Parking Enforcement Vehicles 90,000.00 25 T3022 7155 71810925 473010 Bus Shelter Replacment 140,654.00 25 T3059 7155 71810925 473010 Transit Bus Camera Replac 32,334.00 25 T3060 7155 71810925 474270 Bus Sign Replacement 95,000.00 25 T3062 7155 71810925 473010 Transit Facility Parking Lot Overlay 50,000.00 25 T3063 7155 71810925 474420 Transit Mobile Column 60,000.00 25 T3064 7155 71810925 473010 Muscatine Ave Ped/Transit 60,000.00 25 T3065 7205 72720905 473010 Annual Sewer Projects 1,396,014.00 25 V3101 7205 72720905 473010 North WW Plant Demo 167,225.00 25 V3142 7205 72720905 473010 Generator Reloc & Emissions UP 2,303,027.00 25 V3143 7205 72720905 432090 Scott Boulevard Trunk Sewer 160,990.00 25 V3145 7205 72720905 471030 Scott Boulevard Trunk Sewer 300,000.00 25 V3145 7205 72720905 393290 Melrose Ct Sanitary Sewer (100,000.00) 14 7700 77770900 490040 Melrose Ct Sanitary Sewer 100,000.00 27 7205 72720905 473010 Melrose Ct Sanitary Sewer 582,155.00 25 V3146 7205 72720905 432090 Nevada Ave Sanitary Sewer 29,664.00 25 V3147 7205 72720905 471030 Nevada Ave Sanitary Sewer 30,000.00 25 V3147 7205 72720905 473010 West Pk Lift Station Rehab 105,500.00 25 V3148 7205 72720905 473010 Digester Cover Reno 56,960.00 25 V3150 7305 73730905 432090 1st Ave Water Main 7,429.00 25 W3212 7305 73730905 473010 1st Ave Water Main 577,100.00 25 W3212 7305 73730905 432090 Spruce St Water Main 12,947.00 25 W3216 7305 73730905 432090 Dill St Water Main Repl 74,902.00 25 W3222 7305 73730905 432090 Water Dist Pressure Zone Imp 34,544.00 25 W3301 7305 73730905 472010 Water Plant Roof Replacement 54,345.00 25 W3310 7305 73730905 473010 Collector Well Capacity Impr 5,825.00 25 W3311 3100 31450900 472010 Fire Training Center Reloc 700,000.00 23 Y4436 3100 31410910 472010 Police Dept Flooring 135,084.00 23 Y4440 3100 31410910 474420 Police Car & Body Camera Repl 250,000.00 23 Y4441 3100 31410940 362100 Animal Sery Storage Garage (195,000.00) 12 Y4442 3100 31410940 432040 Animal Sery Storage Garage 15,000.00 9 23 Y4442 3100 31410940 472010 Animal Sery Storage Garage 180,000.00 (1,668,855.00) 23 Y4442 3100 31410910 472010 Police Front Office Remodel 74,750.00 Public Works 23 Y4443 3100 31410910 334610 Crime Scene Mapping System (50,000.00) 19 9 Y4444 3100 31410910 474420 Crime Scene Mapping System 100,000.00 - 23 Y4444 Use of Money & Property (29,494.00) 8 Intergovernmental (5,767,294.00) 9 Charges for Services 10 Miscellaneous (97,256.00) 12 Other Financing Sources (1,668,855.00) 13 Transfers In (2,816,121.25) 14 Public Safety 375,897.80 16 Public Works 114,406.65 17 Health & Social Services - 18 Culture & Recreation 468,394.83 19 Community & Economic Development 2,097,558.71 20 General Government 76,767.32 21 Debt Service - 22 Capital Projects 40,000,596.00 23 Business-Type/Enterprise 11,007,611.70 25 Transfers Out 2,816,121.25 27 Internal Service (not budgeted) 131,723.85 X 46,710,057.87 Internal Service (not budgeted) (131,723.85) Excess Revenues & Other Financing Sources under Expenditures/Transfers Out 46,578,334.02 29 STAFF PRESENTATION TO FOLLOW: =11 i � 1 fir, CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org 020 BUDGET NDMENT #1 of Iowa City Finance Department ■ Carry -forward requests from FY2019 Budget - Submitted by Departments and reviewed by City Manager's Office and Finance Department - Budget policy that carry -forwards must be $5,000 or 1% of division budget minimum ■ Capital Improvement Project carry -forwards - CIP usually align more with calendar year vs fiscal year and multi-year projects ■ Other small amendment items Revenues ■ Intergovernmental Revenues - $5,767,294 - State and Federal Grants on CIP - HOME/CDBG carry- forwards ■ Other Financing Sources - $1,668,855 - UniverCity home sales - Sale of Land ■ Transfers In - $2,816,121 - CIP - Public Works Loan Total Budget as certified or last amended Current Amendment Total Btudget after Current Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 60,296,653 0 60.296,653 Less: Uncollected Property Taxes -Levy Year 2 0 0 0 Net Current Property Taxes 3 60,296,653 0 00.296,6 53 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 3,450,835 0 3,450,835 Other City Taxes 6 2.759,321 0 2.759,321 Licenses & Permits 7 2.073,060 0 2.073,060 Use of Money and Property 8 3,487,731 29,494 3,517,225 Intergovernmental 9 36,270,227 5,767;294 42,037,521 Charges for Services 10 46.456,326 0 46.456,326 Special Assessments 11 810 0 810 Miscellaneous 121 2,673,701 97.256 2,770,957 Other Financing Sources '131 12,664,8171 1,668:855 14,333,672 Transfers In 141 40,712,880 2,816.121 43,529,001 Total Revenues and Other Sources 151 210,846,3611 10,379.020 221,225,381 Revenues ■ Intergovernmental Revenues - $5,767,294 - State and Federal Grants on CIP - HOME/CDBG carry- forwards ■ Other Financing Sources - $1,668,855 - UniverCity home sales - Sale of Land ■ Transfers In - $2,816,121 - CIP - Public Works Loan Expenditures ■ Governmental Capital Projects - $40,000,596 - Major CIP: Public Works Facility, McCollister Blvd, Myrtle/Riverside Instersection ■ Business Type/ Enterprises - $11,007,612 - Major CIP: Generator Relocation and Annual Sewer Projects ■ Community and Economic Development- $2,097,559 - Carry -forwards for CDBG/HOME and UniverCity program Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Expenditures & Other Financing Uses Public Safety 16 26,130,934 375,898 26.506,832 P ubl i c Works '17 10,319,80'1 '114.407 10,434,208 Health and Saciel Services '18 53'1,500 0 531,500 Culture and Recreation '1 _+ 15,564,020 468,3+5 16,032,415 Community and Economic Development 20 9,088,877 2,007, 559 11,186,436 General Government 21 10,0'18,177 76:767 10,0}4,944 Debt Service 22 13,039,775 0 13,039,775 Capital Projects 23 2'1,807,822 40,000:596 6'1,808,4'18 Total Government Activities Expenditures 24 106,500,306 43,1333622 149,634,52€3 Business Type f Enterprises 251 61,213,521 11,007:£12 72,22'1,133 Total Gov Activities & Business Expenditures 26 167,714,427 54,'14"1,234 22'1,855,b61 Transfers Out 27 40,712,880 2,816.1211 43..529,001 Total Experiditures7ransfers Out 2$ 208,427,307 5£,957:355 265.384,662 Expenditures ■ Governmental Capital Projects - $40,000,596 - Major CIP: Public Works Facility, McCollister Blvd, Myrtle/Riverside Instersection ■ Business Type/ Enterprises - $11,007,612 - Major CIP: Generator Relocation and Annual Sewer Projects ■ Community and Economic Development- $2,097,559 - Carry -forwards for CDBG/HOME and UniverCity program CONCLUSION: • First budget amendment for FY2020 • Overall total impact to Fund Balance is a decrease of $46,478,106 • Covered through excess fund balances and bonds and will not affect property tax levies QUESTIONS? STAFF PRESENTATION CONCLUDED CITY OF IOWA CITY 410 East Washington Street lova City, lova 52240- 1 826 (3 19) 356-5000 (3 19) 356-5009 FAX ww",Jcgov.org 52-483 CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION - FY 2020 - AMENDMENT #1 To the Auditor of JOHNSON County, Iowa, The City Council of Iowa City in said County/Counties met on 9!3!2019 ,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to RECEIVED � publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against JOHNSON CO. ( the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave SEP 13 M9 final consideration to the proposed amendmeht(s) to the budget and modifications proposed at the hearing, if any. thereupon, the following resolution was introduced. RESOLUTION No. 19-230 CnuNTY Al il)ITnR A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30 2020 (AS AMENDED LAST ON NIA .) Be it Resolved by the Council of the City of Iowa City Section 1. Following notice published 8/2312019 and the public hearing held, 91312019 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: assed this �rd J / (earl Signature: City Clem an Officer day of September, 2 1 Signature Mayor Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 60,296,653 0 60,296,653 LessUncollected Property Taxes -Levy Year 2 0 0 0 Net Current Property Taxes 3 60,296,653 0 60,296,653 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 3,450,835 0 3,450,835 Other City Taxes 6 2,759,321 0 2,759,321 Licenses & Permits 7 2,073,060 0 2,073,060 use or Money and Property 8 3,487,731 29,494 3,517,225 Intergovernmental 9 36,270,227 5,767,294 42,037,521 Charges for Services 10 46,456,326 0 46,456,326 Special Assessments 11 810 0 810 Miscellaneous 12 2,673,701 97,256 2,770,957 Other Financing Sources 13 12,664,817 1,668,855 14,333,672 Transfers In 14 40,712,880 2,816,121 43,529,001 Total Revenues and Other Sources is 210,846,361 10,379,020 221,225,381 Expenditures & Other Financing Uses Public Safety 16 26,130,934 375,898 26,506,832 Public works 17 10,319,801 114,407 10,434,208 Health and Social Services 18 531,500 0 531,500 Culture and Recreation 19 15,564,020 468,395 16,032,415 Community and Economic Development 20 9,088,877 2,097,559 11,186,436 General Government 21 10,018,177 76,767 10,094,944 Debt Service 22 13,039,775 0 13,039,775 Capital Projects 23 21,807,822 40,000,596 61,808,418 Total Government Activities Expenditures 24 106,500,906 43,133,622 149,634,528 Business Type t Enterprises 25 61,213,521 11,007,612 72,221,133 Total Gov Activities & Business Expenditures 26 167,714,427 54,141,234 221,855,661 Transfers Out 27 40,712,880 2,816,121 43,529,001 Total Expenditures/Transfers Out 28 208,427,307 56,957,355 265,384,662 Excess Revenues & Other Sources Over (Under) Expendituresn-ransfers Out Fiscal Year 29 2,419,054 -46,578,335 -44,159,281 Beginning Fund Balance July 1 30 133,984,7051 100,229 134,084,934 Ending Fund Balance June 30 31 136,403,759 -46,478,106 89,925,653 assed this �rd J / (earl Signature: City Clem an Officer day of September, 2 1 Signature Mayor Resolution No. 19-230 Page 2 It was moved by Mims and seconded by Salih Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: % Cole x Mims x Salih x Taylor x Teague X Thomas x Throgmorton the Item Number: 12. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT September 3, 2019 Resolution authorizing the Mayor to sign and the City Clerk to attest a contract for Bike Sharing Services between the City of Iowa City and Gotcha Mobility, LLC. Prepared By: Darian L. Nagle-Gamm; Transportation Services Director Reviewed By: Geoff Fruin, City Manager Eleanor Dilkes, City Attorney Fiscal Impact: No upfront costs to provision bike share, however the City will provide materials and labor to delineate parking areas and staff time to coordinate with vendor. Recommendations: Staff: Commission: N/A Attachments: Resolution Agreement Executive Summary: On September 4th, the City Council will consider authorizing an agreement with Gotcha Mobility LLC for the provision of a dockless electric -assist bike share for public use in Iowa City. The goal of the bike share is to provide a healthy, safe, affordable and easily accessible transportation option for residents and visitors, to reduce vehicular traffic congestion, and reduce carbon emissions related to transportation. Introducing a bike share will help reach goals articulated in the Bicycle Master Plan and the Climate Action Plan, which calls for as shift of 55 percent of vehicle trips with sustainable options such as public transportation, bicycle, or pedestrian trips by 2050 in order to reach greenhouse gas emission goals. Background /Analysis: The bike share will be comprised of electric -assist bicycles which are increasing in popularity for their ability to create a more enjoyable cycling experience by requiring less effort. Electric -assist bikes increase the distance with which cyclists can comfortably travel, and also allow users to more easily crest hills. The bicycles are pedal -assisted without a "throttle". Users will simply pedal the bikes to engage the electric -assist which will provide a slight boost proportional to how hard the rider pedals. For examples, if a rider is traveling up a hill and pushing harder on the pedals, the electric -assist will provide more of a boost. If the user is lightly pedaling on a flat road, there will be less assistance. This technology enables electric -assist bicycles to much more widely adopted for transportation use and can provide a real alternative to an automobile. The public will be able to locate and access the bicycles using a smartphone app. Users can pay per -ride at $2 to unlock and $.10/minute, or can purchase a monthly ($9.99) or annual pass ($79.99). The income -qualified equity program will cost $5 annually and includes 30 minutes of ride time daily, with a $.05/minute charge thereafter. The vendor will provide a cash -only option for those without access to a smartphone. Geo -fencing technologies will be employed to help ensure orderly parking in designated areas in such a way that the bicycles do not impede pedestrian movements. Each bicycle is equipped with a GPS receiver so that its location is known. If the bicycle is parked in an area that is not designated for parking, the user will be informed and directed to find an appropriate location. Orderly parking will be encouraged via in -app messaging and the use of small fines. The vendor will be responsible for rebalancing the bicycles daily (moving from areas of low demand to high demand) and for retrieving bicycles that require maintenance or are parked outside of designated areas. Transportation Services staff will coordinate with the vendor to designate and delineate appropriate spaces for the bicycles to be parked. The initial focus will be in the downtown/near-downtown areas where we perceive the highest demand will exist. Staff will work with the vendor on strategies to integrate the bike share into neighborhoods and commercial centers across the community. Following the approval of the agreement, staff will host a kickoff meeting with vendor and will outline the steps towards launch, which is expected this fall. ATTACHMENTS: Description Resolution Agreement Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 19-231 Resolution authorizing the Mayor to sign and the City Clerk to attest a contract for Bike Sharing Services between the City of Iowa City and Gotcha Mobility, LLC Whereas, the goal of the City of Iowa City is to provide safe and affordable multi -modal transportation options to all residents and visitors, reduce traffic congestion, and maximize carbon mobility; and Whereas, bike share services are a component way to help the City achieve its transportation goals and the City desires to make bike share services available to residents and visitors; and Whereas, City staff have negotiated a Contract with Gotcha Mobility, LLC (Gotcha) to provide a bike share system that will include all applicable hardware, software, and Small Vehicles included within the inventory agreed to by the parties; and Whereas, the University of Iowa has the option to be included in this program with Gotcha and the City, as desired by the University, and with contract pricing terms and conditions applying to any University participation; and Whereas, it is in the best interests of the City of Iowa City to enter into the attached contract with Gotcha. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The Contract for Bike Sharing Services attached hereto and made a part hereof is hereby approved as to form and content; and The Mayor is authorized and directed to sign and the City Clerk to attest said Contract for and on behalf of the City of Iowa City, Iowa. Passe and apped 3rd day of September, 2019. G/. Mayor Attest: City Clerk It was moved by Mims adopted, and upon roll call there were: Ayes: X X X Approv y: ���� City Attorney's Office and seconded by Salih Nays: Absent: X Cole Mims Salih Taylor the Resolution be j?" Resolution No.t 92,31 Page 2 Teague Thomas Throgmorton City of Iowa City Contract for Bike Sharing Services This Contract (hereinafter referred to as Contract or Agreement, made and entered into this 3rd September, 2019 ("Effective Date"), by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and Gotcha Mobility, LLC (7 Radcliffe St, Suite 200, Charleston, SC), a corporation of the State of South Carolina authorized to do business in the State of Iowa, hereinafter referred to as the Vendor or Gotcha. Vendor Legal Name: Gotcha Mobility, LLC Name of Representative: Katie Simms Vendor Address: 7 Radcliffe St, Suite 200, Charleston, SC 29403 Vendor Phone: (843) 647-7283 Vendor e-mail: katie@ridegotcha.com Whereas, the goal of the City of Iowa City is to provide safe and affordable multi -modal transportation options to all residents and visitors, reduce traffic congestion, and maximize carbon mobility, and Whereas, Bike share services are a component way to help the City achieve its transportation goals and the City desires to make bike share services available to residents and visitors. Whereas, the City has negotiated this Contract with Gotcha to provide a bike share system that will include all applicable hardware, software, and Small Vehicles included within the inventory agreed to by the parties. Whereas, the University of Iowa has the option to be included in this program with Vendor and the City, as desired by the University, and with contract pricing terms and conditions applying to any University participation. Now, therefore, it is agreed by and between the parties hereto that the City does now contract with Vendor to provide the goods and services as set forth herein. 1. Vendor proposes to operate a bike share program within the City. The initial launch will include a -bikes only. Operations to commence no later than ninety (90) days from the Execution Date and shall be coordinated with the University of Iowa's a -bike launch. City shall have the option to add e -scooters or other mobility devices in the future as determined by the City and on terms mutually agreeable to the parties with any amendments to the contract to be made in writing. Collectively, a -bikes and e -scooters and other mobility devices shall be known as "Small Vehicles." Vehicle fleets shall be initiated at a mutually agreed upon fleet size and expanded or contracted at a mutually agreed upon rate. 2. Vendor shall support launch of bike share with a marketing and education campaign, in addition to pop-up events and an event kick-off. 3. Gotcha and City will work together to establish pricing for the general public. The initial pricing is found in Exhibit B. All pricing in this section is subject to change upon mutual agreement in writing by Gotcha and the City. The City shall not be entitled to any user fees collected due to the Services provided under this Agreement absent mutual agreement upon the addition of e -scooters as set forth in paragraph 1 hereof. Qualifying low-income riders will have the ability to enroll in an equity program which provides access to Gotcha vehicles and services without the requirement of having a credit card and smartphone. Qualifications for the low-income program shall be mutually agreed upon. 4. Vendor will abide by all city ordinances and rules governing the use of public space to efficiently and effectively provide bike share services. 5. E -bikes shall be operable and available for the public twenty-four hours a day seven days a week, except when maintenance is being performed or when conditions are unsafe. E -scooters shall be made available during mutually agreed upon hours of operation, except while maintenance is being performed or when conditions are unsafe. 6. Vendor shall develop mutually agreed upon procedures and protocol for extreme weather events, emergencies, special events, and maintenance for small vehicle parking zones. 7. Vendor possesses GPS, 3G, and self-locking technology in its bike fleet such that bikes maybe locked and opened by users with an app and tracked to provide for operations and maintenance. 8. Vendor will communicate in real-time where small shared vehicles are allowed to park, as designated by the City. Vendor will utilize geo-fencing technology to identify parking areas on the application for users to park the small vehicles. These parking areas will be designated in the application along with identifying marks on or around the parking area. Vendor will use geo-fencing technology to control and reduce e -scooter speeds in areas as designated by the City. Geo -fenced areas shall be identified to users via the vendor in -app maps or notifications, by vendor controlling vehicle speed, or by mutually agreed upon signage or other visual indicators. Vendor shall geo-fence temporary small vehicle parking areas for special events and festivals, or make general changes to parking hubs upon request of the City. 9. Vendor shall provide contact information for all local employees (name, phone number, email) to the City and shall promptly respond to all City inquiries. 10. E -bikes and e -scooter equipment shall, at minimum, contain the features identified in the vendor mobility information dated February 25'6, 2019. The maximum motor -assist speed shall be 15 mph. All Small Vehicles shall have always -on front and back lights that are visible from a distance of at least 300 feet under normal atmospheric conditions at night. Front and rear lights must stay illuminated for at least 90 seconds after the vehicle has stopped. 11. Local vendor team shall be responsible for vehicle maintenance and daily rebalancing of bicycles. Vendor must ensure that all Small Vehicles are inspected, maintained, and/or replaced on a mutually agreed-upon schedule with the City. 12. Vendor shall remove any unsafe/inoperable vehicle within twelve hours of notification. Vendor must move improperly parked vehicles within four hours of notification 6 AM — 6 PM and within twelve hours all other times. Vehicles may not be parked improperly in one location for more than seven consecutive days or the City may remove it and store at the vendor's expense. 13. Vendor to maintain a city -specific website and/or social media platform that explains the terms of service, including user instructions, privacy policies, and all fees, costs, penalties, and unexpected charges. 14. Companies shall place a customer service contact phone number, answered 24 hours a day, 7 days a week, on all Small Vehicles and other equipment (e.g. signage, racks etc),. Customers calling customer service will have access to a language line for translation. City will have access to and be provided with contact information for the local Gotcha representative. 15. Use of City Property. City authorizes Vendor to use the public way solely as authorized by this Contract. This authorization is not a lease or an easement and is not intended and shall not be construed to transfer any real property interest in City Property. 16. Permitted Use. Vendor's customers may use the public way solely as authorized by this Contract. Vendor shall not place or attach any personal property, fixtures, or structures to City Property without the prior written consent of City. Written consent of the City can be given only by the Transportation Services Director. a. Use of the public way, and Vendors deployment operations within the City, shall, at a minimum: a) not adversely affect City Property or the City's streets, or sidewalks; b) not adversely affect the property of any third parties; c) not inhibit pedestrian or vehicular movement within the public way or along other property or rights-of-way owned or controlled by the City; d) not create conditions which are a threat to public safety and security. b. Upon termination of this agreement by either party, Vendor shall, at its sole cost and expense, immediately remove its property from the public way. 17. Bike parking. The City, at its own discretion, will support the bike sharing program with the installation of bike racks and/or painted bike parking spots, and recommend bike parking spots without racks or painting, in the City to assist with the orderly parking of bikes throughout the City. The Vendor will encourage orderly parking in designated and preferred locations (bike hubs) identified by City and will relocate bikes to designated locations during daily rebalancing efforts. 18. Condition of City Property a. City makes the public way available to Vendor in an "as is" condition. b. City assumes no liability for loss or damage to Vendor's bikes or other property. Vendor agrees that City is not responsible for providing security at any location where Vendor's bikes are stored or located, and Vendor hereby waives any claim against City in the event Vendor's bikes or other property are lost or damaged. 19. Maintenance and Care of portion of City Property: Vendor expressly agrees to repair, replace or otherwise restore any part or item of real or personal property that is damaged, outside of reasonable wear and tear, lost or destroyed as a result of the Vendor's use of City Property. Should the Vendor fail to repair, replace or otherwise restore such real or personal property, Vendor expressly agrees to pay City's costs in making such repairs, replacements or restorations. 20. Operations and Maintenance. Vendor will cover all maintenance costs for the bike fleet and maintenance to minimum level of service and reporting outlined in Exhibit A. 21. Advertising: Any advertising must be mutually agreed upon by both parties. City agrees to provide such approval or other decision within thirty (30) days of any written request by Gotcha and, if City does not timely provide its decision, the advertisement shall be deemed approved for use unless and until Gotcha receives written notice otherwise from City. The Advertisng must not include items such as alcohol and tobacco that are antithetical to public health, welfare and safety. The City shall not be entitled to any revenue generated from Advertising under this Agreement. 22. Indemnification. Vendor shall defend, pay, indemnify and hold harmless City, its officers, officials, employees, agents, invitees, and volunteers (collectively "City Parties") from all claims, suits, actions, damages, demands, costs or expenses and reasonable attorneys' fees, resulting from or in connection with loss of life, bodily or personal injury or property damage arising directly or indirectly out of or from or on account of.- a. f: a. Any occurrence upon, at or from City Property or occasioned wholly or in part by the entry, use or presence upon City Property by Vendor or by anyone making use of City Property at the invitation or sufferance of Vendor. b. Use of Vendor's Small Vehicles by any individual, regardless of whether such use was with or without the permission of Vendor, including claims by users of the bikes or third parties. c. Vendor will not indemnify, defend or hold harmless the City or the City's Indemnified Parties from and against all Claims resulting from or arising out of the design, construction, or maintenance of City infrastructure or projects permitted by the City, or any and all acts or omissions related thereto. Vendor is not, and shall not be deemed to be, an agent or employee of the City of Iowa City. It is specifically agreed between the parties executing this contract that it is not intended by any of the provisions of any part of the contract documents to create in the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this contract. 23. Insurance Requirements: a. Certificate of Insurance; Cancellation or Modification 1. Before commencing work, the Vendor shall submit to the City for approval of a Certificate of Insurance meeting all requirements specified herein, to be in effect for the full contract period. 2. The Vendor shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. 3. Cancellation or modification of said policy or policies shall be considered just cause for the City of Iowa City to immediately cancel the contract and/or to halt on the contract, and to withhold payment for any work performed on the contract. 4. The policy shall be primary in payment, not excess or contingent, regardless of any other coverage available to the City. 5. The City of Iowa City shall be included as an additional insured. 6. Project number and project title shall be included as the description on the certificate of insurance. 7. The limits of liability specified herein are minimum limits of liability only and shall not be deemed to limit the liability of Vendor or any Vendor insurer except as respects the stated limit of liability of each policy. b. Minimum Coverage Any policy or policies of insurance purchased by the Vendor to satisfy his/her responsibilities under this contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Insurance Requirements Informal Project Specs: Class I (under $1 Million) Type of Coverage Each Occurrence Aggregate a. Comprehensive General Liability (1) Bodily Injury & Property Damage $500,000 $1,000,000 b. Automobile Liability Combined Single Limit (1) Bodily Injury & Property Damage $500,000 c. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. The City requires that the Vendor's Insurance carrier be "A" rated or better by A.M. Best. 24. Compliance with Law. Vendor at its own cost and expense, shall comply with all statutes, ordinances, regulations, and requirements of all governmental entities applicable to its use of City Property and the operation of its bike share program, including but not limited to laws governing operation of bicycles. If any license, permit, or other governmental authorization is required for Vendor's lawful use or occupancy of City Property or any portion thereof, Vendor shall procure and maintain such license, permit and/or governmental authorization throughout the term of this agreement. City shall reasonably cooperate with Vendor, at no additional cost to City, such that Vendor properly complies with this Section and is allowed to use City Property as specified in Section 5, above. 25. Required Reports. Vendor shall provide a real-time dashboard and monthly aggregated reports on system use, compliance, and other aspects of operations (e.g. parking complaints, crashes, damaged or lost vehicles). Vendor agrees to provide the City with access to an Application Programming Interface (API) offering data about its fleet and trip activity within the City, meeting the requirements of the Mobility Data Specification (MDS) format. Vendor shall make bike share location and availability data available to the public for use in creating mobility apps affiliated and unaffiliated with the vendor or City. 26. No Joint Venture. Nothing herein contained shall be in any way construed as expressing or implying that the parties hereto have joined together in any joint venture or liability company or in any manner have agreed to or are contemplating the sharing of profits and losses among themselves in relation to any matter relating to this contract. 27. Exclusive Operator. City designates Vendor as the exclusive provider of Small Vehicle services within its city limits for the term of this Contract. Such designation means only that City will not contract with a vendor other than Gotcha for the provision of shared mobility services during said period. City shall have no contractual obligation to remove other vendors of bike share services from the right -0f --way. This agreement may be renewed for additional one (1) year periods, upon mutual written consent of the parties involved. This designation is personal to Vendor and may not be assigned or transferred to any party, unless mutually agreed upon in writing by the City and Gotcha 28. Term. This agreement shall commence on the Effective Date and shall expire on the date that is two (2) years after the Effecitve Date unless earlier terminated pursuant to Section 29, below. 29. Termination. This Agreement may be terminated prior to the expiration date set forth in Section 28, above, upon the occurrence of any of the following conditions: a. Upon delivery of written notice from City to the Vendor terminating this agreement for any reason, or for no reason, by giving at least one hundered and eighty (180) days' notice to the Vendor of such termination. b. An attempt to transfer or assign this agreement without prior written approval of the city pursuant to Section 27 of this Contract Vendor shall not terminate this agreement without first giving at least 180 days' written notice of plans for termination. 30. Permits. The City shall notify the Vendor of any local permits required, if any, of the company for its local operation. 31. PCI Compliance Warranty. Vendor represents and wan -ants that for the life of the Contract, the software and services used for processing transactions by its subcontractor shall be compliant with standards established by the PCI Security Standards Council (httt)s://www.pcisecuritystandards.org/index.shtml ). Vendor agrees to indemnify and hold the City harmless for, from and against any and all claims, causes of action, suits, judgments, assessments, costs (including reasonable attorneys' fees) and expenses arising out of or relating to any loss of City customer credit card or identity information managed, retained or maintained by Vendor, including but not limited to fraudulent or unapproved use of such credit card or identity information. 32. Choice of Law and Forum. The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Contract, without regard to the conflict of law provisions of Iowa law. Any and all litigation commenced in connection with this Contract shall be brought and maintained solely in Johnson County District Court for the State of Iowa, Iowa City, Iowa, or in the United States District Court for the Souther District of Iowa, Davenport Division, Davenport, Iowa, wherever jurisdiction is appropriate. This provision shall not be construed as waiving any immunity to suit or liability in State or Federal court, which may be available to the City of Iowa City. 33. Default. This Contract may be cancelled or annulled by the City in whole or in part by written notice of default to the Vendor upon non-performance, violation of contract terms, delivery failure, bankruptcy or insolvency, or the making of an assignment for the benefit of creditors. The City reserves the right to grant Vendor a specified cure period during which to cure or remedy the default, which cure period shall be included in the written notice of default. If default is not cured within the specified time, City reserves the right, but is not obligated to, extend the cure period or City may deem the Contract terminated without further notice. In either event, the defaulting Vendor (or his/her surety) shall be liable to the City for the cost to the City in remedying the default. 34. Anti -Discrimination. Vendor shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 35. Change in Laws: In the event of a change in law that frustrates the goals of the City relative to this contract, the City will be entitled to terminate the contract upon written notification to the Vendor without cost or penalty to the City. 36. Contract Alterations. No assignment, alteration, change, or modification of the terms of this Contract shall be valid unless made in writing and agreed to by both the City and the Vendor. The Vendor shall not commence any additional work or change the scope of the goods and/or services provided until authorized in writing by both parties. This Contract may only be amended, supplemented or modified by a written document executed in the same manner as this Agreement. 37. Assignment of Contract. Vendor shall not assign, transfer, convey, sublet or otherwise dispose of the contract or their right, title or interest therein, or their power to execute such contract to any other person, firm or corporation without the prior written consent of the City, wich consent shall not be unreasonably withheld. 38. Limitation of Liabilit • Assumption of Risk; Disclaimer. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NO PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, MORAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, OR FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF REVENUE OR PROFITS, COST OF CAPITAL, LOSS OF GOODWILL, LOSS OF OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER THEORY AT LAW OR IN EQUITY, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF IT ESSENTIAL PURPOSES, AND EACH PARTY EXPRESSLY RELEASES THE OTHER PARTIES FROM ANY SUCH LIABILITY. THE PARTIES FURTHER AGREE THAT THE LIABILITY OF A PARTY UNDER THIS AGREEMENT, WHETHER BASED ON A CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE FOR ALL EVENTS, ACTS OR OMISSIONS UNDER THIS AGREEMENT, SHALL NOT EXCEED $25,000. THE LIMITATIONS ON LIABILITY IN THIS SECTION SHALL NOT APPLY, HOWEVER, TO: (A) A PARTY'S CRIMINAL OR FRAUDULENT CONDUCT; (B) A PARTY'S OBLIGATIONS OF INDEMNIFICATION, INCLUDING THOSE PURSUANT TO PARAGRAPH 22 OF THIS AGREEMENT; (C) TO LIMIT IN ANY WAY THE EXTENT OF APPLICABLE INSURANCE PROCEEDS; (D) OR AS OTHERWISE PROHIBITED BY APPLICABLE LAW GOVERNING THE RIGHTS AND DUTIES OF CITY IN ENTERING INTO CONTRACTS LIKE THIS AGREEMENT. 39. With the exception of the indemnification obligations set forth at paragraph 22 of this Agreement. each Party assumes any and all risks of personal injury and property damage attributable to the acts or omissions of such Party or any of its Affiliates, to the degree that such damage is attributable to such Party or Affiliate. GOTCHA MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES (INCLUDING, FOR CLARIFICATION, THE DELIVERABLES AND THE SERVICES), INCLUDING ANY (F) WARRANTY OF MERCHANTABILITY, (G) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR (H) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. For the Cit of I C. By: Title: Mayor Gotcha Mobili C By: Title: �a Date: 09/03/19 Date: Attest: Approved by: 4�� City Attorney's Office F/'? �� Date Exhibit A Description of Gotcha's Service Level Aereement The following performance indicators shall be met and reported to help the City measure our success serving its citizens and improving the livability and mobility of Iowa City. Gotcha'swill maintain its bikes to be in an excellent state of cleanliness and repair, with a minimum of 85% of deployed vehicles operable at any time. Performance Description Measurement Minimum Performance Reporting Indicator Tool Standard Frequency App and Gotcha reservation Uptime reporting 99.5% uptime. real-time customer service system fully support portal operational Vehicle Maps identifying Maps showing Fleet will focus on serving monthly distribution and trends in peak aggregate usage the City of Iowa City usage vehicle patterns distribution Vehicles in Vehicles in Daily uptime Deploy and maintain a quarterly service service reports mutually agreed upon number of vehicles in service in any calendar month. Vehicles will be phased into deployment over a 6 -week period and can be increased or decreased based on usage and demand. Report- Response time to Time relative to Within four (4) hours during quarterly responsive improper vehicle report logs business hours between 6am parking / other to 6pm and within 12 hours problems all other times. communicated to Gotcha staff Exhibit B Electric Bike Pricing Pay as You Go $2 to unlock, $.10/min Monthly City Employee Mo -Pass: $6.99/month Annual City Employee Mo -Pass: $64 20% off annual rate Monthly Gotcha Mo -Pass: $9.99 (1 hour free ride time daily, $.10/min after Annual Gotcha Mo -Pass: $79.99 (1 hour free ride time daily, $.10/min after Annual Kickstart Mo -Pass (Income Qualified Equity Program): $5 annual (30 min free ride time daily, then $.05/min after *All pricing reflects use of e -bicycles only