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HomeMy WebLinkAbout~Master - September 26, 2023, Regular Meeting of the Ames City CouncilAGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS – CITY HALL SEPTEMBER 26, 2023 NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public during discussion. The Standards of Decorum, posted at the door and available on the City website, define respectful conduct for public participation. If you wish to speak, please fill out the form on the tablet outside the door to the Council Chambers or scan the QR Code to the right to fill out the same form on a personal device. When your name is called, please step to the microphone, state your name for the record, and keep your comments brief so that others may have the opportunity to speak. CALL TO ORDER: 6:00 p.m. PROCLAMATIONS: 1. Proclamation for “Eco Fair Day,” September 30, 2023 2. Proclamation for “PrideFest Day,” September 30, 2023 3. Proclamation for “Watershed Awareness Month,” October 2023 CONSENT AGENDA: All items listed under the Consent Agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior to the time the Council members vote on the motion. 4. Motion approving payment of claims 5. Motion approving Minutes of Regular Meeting on September 12, 2023, and Special Meeting on September 14, 2023 6. Motion approving Report of Change Orders for period September 1-15, 2023 7. Motion approving ownership updates for Class E Retail Alcohol License - Kum & Go Store #1113 , 2801 E. 13th Street 8. Motion approving ownership updates for Class E Retail Alcohol License - Kum & Go Store #227, 2108 Isaac Newton Drive 9. Motion approving ownership updates for Class E Retail Alcohol License - Kum & Go Store #200, 4510 Mortensen Road 10. Motion approving ownership updates for Class E Retail Alcohol License - Kum & Go Store #216, 203 Welch Avenue 11. Motion approving ownership updates for Class E Retail Alcohol License - Kum & Go Store #1215, 4506 Lincoln Way 12. Motion approving ownership updates for Class E Retail Alcohol License - Kum & Go Store #0217, 3111 South Duff Avenue 13. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Class E Liquor License – Hy-Vee Food and Drugstore #2, 640 Lincoln Way 2 b. Class E Liquor License – Hy-Vee Food Store #1, 3800 W Lincoln Way c. Class C Liquor License – Bullseye Restaurant Group LLC, 114 South Duff Avenue d. Class E Liquor License – CVS/Pharmacy #10452, 2420 Lincoln Way #104 e. Class C Liquor License – Flipn’ Jacks Pancake House & Eatery, 1520 S. Dayton Pl f. Class C Liquor License with Outdoor Service – Sips and Paddy’s Irish Pub, 126 Welch g. Class C Beer Permit – Aldi, Inc. #48, 108 South 5th Street h. Class B Beer Permit – Macubana, 116 Welch Avenue 14. Request for 36th Anniversary Run for the Roses on October 22, 2023: a. Motion approving Blanket Temporary Obstruction Permit b. Resolution approving full and partial closure of the following streets from 6:00 a.m. to 12:00 p.m.: i. Fifth Street from Pearle Avenue to Douglas Avenue ii. Douglas Avenue from Fifth Street to Sixth Street iii. Sixth Street from Burnett Avenue to Douglas Avenue iv. Burnett Avenue from Sixth Street to Main Street v. Main Street from Burnett Avenue to Allan Drive vi. Northwestern Avenue from Allan Drive to Sixth Street vii. Sixth Street from Northwestern Avenue to University Boulevard viii. University Boulevard from Sixth Street to Haber Road 15. Resolution approving appointments to various Boards and Commissions 16. Resolution approving and adopting Supplement No. 2023-4 to Municipal Code 17. Resolution approving Encroachment Permit Agreement for Sign at 330 5th Street 18. Resolution approving agreement for the Transportation Data & Analytics Subscription Service with StreetLight Data, Inc., of San Francisco, California, for 11/1/2023 to 10/31/2026, in an annual amount not to exceed $65,000 19. Resolution approving Iowa DOT STBG Federal Aid Agreement for the 2022/23 CyRide Route Pavement Improvements (Lincoln Way) project in the amount of $1,686,000 20. Resolution approving preliminary plans and specifications for the 2022/23 Traffic Signal Program (State & Mortensen), setting October 18, 2023, as the bid due date, and October 24, 2023, as date of Public Hearing 21. Resolution awarding purchase two all-electric pickups to Karl Ford of Story City, Iowa, in the amount of $90,176 22. Resolution awarding purchase of five small pickup trucks, including spray in bedliner, to Karl Ford of Story City, Iowa, in the amount of $129,865 23. Resolution awarding purchase of 2024 John Deere 644X Hybrid Wheel Loader to Murphy Tractor and Equipment of Des Moines, Iowa, in the amount of $377,104 and accept the trade- in offer of $40,000 24. Resolution awarding purchase of Bobcat S770 Skid Steer to Bobcat of Ames, Iowa, in the amount of $51,204.13 25. Resolution awarding purchase of 2024 Ford F550 chassis to Stivers Ford of Waukee, Iowa, in the amount of $62,077.70 26. Resolution awarding contract for Asset Management Agreement – Pipeline Services to World Kinect Energy Services, of Minnetonka, Minnesota, for two additional one year renewal 3 options, in the amount not to exceed $40,800 for base services in addition authorizing a net amount not to exceed $300,000 for the purchase of additional natural gas, plus delivery as needed, to manage the day to day fuel needs of the Power Plant 27. Ash Disposal for the Power Plant a. Resolution waiving Purchasing Policies and Procedures and awarding a single-source contract b. Resolution awarding contract to Metro Waste Authority, Des Moines, Iowa, in the amount of $210,000 28. 2021-22 Collector Street Improvements (Hoover Avenue) a. Resolution accepting Change Order No. 2, the balancing change order, in the amount of $55,954.78 b. Resolution accepting the project as completed by Manatt’s Inc., of Ames, Iowa, in the amount of $2,263,578.36 29. Furnishing 69kV SF6 Circuit Breakers and 13.8kV Capacitor Bank for Top-O-Hollow Substation Expansion a. Resolution accepting the contract as completed Siemens Industry Incorporated, of Richland, Mississippi, for a total cost of $150,442 (inclusive of Iowa sales tax) b. Resolution accepting the contract as completed by Controllix Corporation, of Walton Hills, Ohio, for a total cost of $98,105 (exclusive of Iowa sales tax) 30. Resolution approving completion of the contract for the Inis Grove Park Tennis Court project with Tennis Courts Unlimited, Nebraska City, Nebraska in the amount of $72,900 31. Resolution approving partial completion and reducing financial security for public improvements of Scenic Valley 5th Addition to $3,600. 32. Resolution approving partial completion and reducing financial security for public improvements of Scenic Valley 6th Addition to $23,197.75 33. Resolution accepting completion of all public sidewalk requirements as a condition for approval of the final plat of Hayden’s Crossing 2nd Addition and the financial security can be reduced in full PUBLIC FORUM: This is a time set aside for comments from the public on topics of City business other than those listed on this agenda. Please understand that the Council will not take any action on comments at this meeting due to requirements of the Open Meetings Law, but may do so at a future meeting. ADMINISTRATION: 34. Request from Ames Writers Collective to modify Arts Capital Grant Contract for alternative project 35. Resolution awarding five year contract, and approving year one payment for new website backend and redesign improvements to Granicus LLC, of Denver, Colorado in the amount not to exceed $83,412.54 ELECTRIC: 36. Advanced Metering Infrastructure (AMI) for the City’s Electric Utility 4 a. Motion to reconsider Resolution No. 23-482 b. Resolution awarding contract to Power System Engineering, Inc., of Madison, Wisconsin in the revised amount not to exceed $119,940 PARKS AND RECREATION: 37. Resolution accepting donation of 0.60 acres of land at 1000 Jarrett Circle and direct staff to finalize the deed transfer 38. Staff update on items related to the Fitch Family Indoor Aquatic Center a. Resolution accepting $500,000 from Story County with the stipulation that Story County residents will pay the same fees as Ames residents for a period of ten years HEARINGS: 39. Hearing on first amendment to the FY 2023/24 Adopted Budget a. Resolution amending the fiscal year 2023/24 budget to increase expenditures by $113,200,264 for carryover amounts from fiscal year 2022/23 and other significant changes to the fiscal year 2023/24 budget 40. Hearing on Water Treatment Plant, Southeast Wellfield, & Technical Services Complex Security Fence Improvements a. Resolution approving final plans and specifications and awarding contract to American Fence Company of Johnston, Iowa in the amount of $78,247.60 41. Hearing on E. 13th Street Sanitary Sewer Extension a. Motion accepting the report of bids b. Resolution approving final plans and specifications and awarding contract to On-Track Construction, LLC of Nevada, Iowa, in the amount of $2,125,500 PLANNING AND HOUSING: 42. 4098 E 13th Street – JT Warehouse Subdivision a. Resolution approving Final Plat b. Resolution deferring the water territory buyout prior to site development plan approval 43. Downtown Urban Revitalization Area a. Motion setting October 10, 2023, as date of public hearing to approve the amended criteria for the Downtown Urban Revitalization Area (URA) as presented in Attachment B and modify the URA map to remove the properties along Kellogg Avenue between the railroad tracks and Lincoln Way DISPOSITION OF COMMUNICATIONS TO COUNCIL: COUNCIL COMMENTS: CLOSED SESSION: 44. Motion to hold Closed Session as provided by Section 21.5(1)(c), Code of Iowa, to discuss matters presently in or threatened to be in litigation a. Resolution approving consent agreement and final order 5 ADJOURNMENT: Please note that this agenda may be changed up to 24 hours before the meeting time as provided by Section 21.4(2), Code of Iowa. SUMMARY OF MINUTES OF THE MEETING OF THE AMES AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO) TRANSPORTATION POLICY COMMITTEE AND REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA SEPTEMBER 12, 2023 The Ames Area Metropolitan Planning Organization (AAMPO) Transportation Policy Committee meeting was called to order by Ames Mayor and voting member John Haila at 5:59 p.m. on the 12th day of September, 2023. Other voting members present were: Bronwyn Beatty-Hansen, City of Ames; Gloria Betcher, City of Ames, Tim Gartin, City of Ames; Rachel Junck, City of Ames; Anita Rollins, City of Ames; Jian Janes, Ames Transit Agency Representative; and Bill Zinnel, Boone County Board of Supervisors. CONSENT AGENDA: Moved by Betcher, seconded by Janes, to approve the consent agenda. 1. Motion approving appointment of Ames Public Works Director John Joiner to the Statewide Urban Design Specifications (SUDAS) Board of Directors 2. Motion approving Transit Safety Targets 3. RESOLUTION NO. 23-471 certifying project shown in the Iowa Clean Air Attainment (ICAAP) Grant Application conforms to the AAMPO’s regional transportation planning process Roll Call Vote: 8-0. Motions/Resolutions declared carried/adopted, signed by the Mayor, and hereby made a portion of these Minutes. AMES URBAN AREA BOUNDARY: Transportation Planner Kyle Thompson presented the Committee Action Form. Moved by Janes, seconded by Corrieri, to adopt RESOLUTION NO. 23-472 approving preliminary Ames Urban Area Boundary. Roll Call Vote on Resolution: 8-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON AMENDMENT TO THE FFY 2023-2026 TRANSPORTATION IMPROVEMENT PROGRAM (TIP): Planner Thompson noted no comments from the public had been received during the comment period. The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Corrieri, seconded by Janes, to approve amendment to the FFY 2023-2026 Transportation Improvement Program. Vote on Motion: 8-0. Motion declared carried unanimously. POLICY COMMITTEE COMMENTS: None. ADJOURNMENT: Moved by Junck, seconded by Corrieri, to adjourn the meeting at 6:12 p.m. Vote on Motion: 8-0. Motion declared carried unanimously. SUMMARY OF MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA SEPTEMBER 12, 2023 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:15 p.m. on the 12th day of September, 2023, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Appointed, but not yet confirmed, Ex officio Jeff Clark was also present. PROCLAMATION FOR “AMES ART MONTH,” SEPTEMBER 2023: Heather Johnson, Octagon Arts Center Director, accepted the proclamation and highlighted the link between the arts and strong communities. CONSENT AGENDA: Moved by Corrieri, seconded by Gartin, to approve the consent agenda less Items No. 10 and 11. 1. Motion approving payment of claims 2. Motion approving Minutes of Regular Meeting on August 22, 2023 3. Motion approving Report of Change Orders for period August 16-31, 2023 4. Motion approving Civil Service Candidates 5. Motion approving new Special Class C Retail Alcohol License – Potter’s Shoppe & Eatery, 330 5th Street, Pending Favorable Iowa Department of Inspections, Appeals & Licensing and Fire Inspection 6. Motion approving new Special Class C Retail Alcohol License –The Recipe, 412 Burnett Avenue, Pending Favorable Iowa Department of Inspections, Appeals & Licensing 7. Motion approving new 5-Day (September 13 – September 17, 2023) Special Class C Retail Alcohol License – Apres Bar Co., 1930 East 13th Street 8. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Class E Liquor License – Kum & Go #0217, 3111 S. Duff Avenue b. Class C Liquor License with Catering Privilege – Hy-Vee #1 Clubroom, 3800 West Lincoln Way c. Class B Liquor License with Outdoor Service – The Love Club, 4625 Reliable Street d. Class C Beer Permit – Dollar General Store #22303, 3407 Lincoln Way e. Class C Liquor License with Outdoor Service – AJ’s Ultra Lounge, 2401 Chamberlain Street 9. Request from Ames High School Homecoming Parade on September 25, 2023: a. Motion approving Blanket Temporary Obstruction Permit b. RESOLUTION NO. 23-473 approving closure of City Parking Lot MM, southern three aisles of City Parking Lot M, from 5:30 p.m. to 7:15 p.m. for parade staging c. RESOLUTION NO. 23-474 approving closure of Pearle Avenue, Burnett Avenue, Kellogg Avenue, and Clark Avenue (all from Main Street to 5th Street), Main Street from Pearle Avenue to Duff Avenue, and 5th Street from Grand Avenue to Clark Avenue, from 5:30 p.m. to approximately 7:45 p.m. d. RESOLUTION NO. 23-475 approving 219 metered parking spaces along the parade route from 1:00 p.m. to 8:00 p.m. and waiver of fees e. RESOLUTION NO. 23-476 approving waiver of parking meter fees and enforcement from 4:00 p.m. to 6:00 p.m. for 26 metered parking spaces in Lot N 10. Requests from The Mucky Duck for Anniversary Party on September 16, 2023: a. RESOLUTION NO. 23-477 approving the suspension of parking regulations along the south side of Crystal Street from 110 Crystal Street to Opal Drive from 2:00 p.m. to 11:00 p.m. on September 16th b. Motion approving temporary extension for Outdoor Service area for The Mucky Duck, 3100 South Duff Avenue Pending Dram Shop Insurance 11. RESOLUTION NO. 23-478 approving appointment of ex-officio student liaison to City Council 12. RESOLUTION NO. 23-479 setting September 26, 2023, as date of public hearing on the first amendment to the FY 2023/24 Adopted Budget 13. RESOLUTION NO. 23-480 approving request to waive enforcement of the prohibition of motorized vehicles in Ada Hayden Heritage Park for the Ames Triathlon on June 23, 2024 14. RESOLUTION NO. 23-481 approving Plat of Survey for 5517 and 5556 Arrasmith Trail 15. RESOLUTION NO. 23-482 awarding contract for Professional Consulting Services for the Development of Advanced Metering Infrastructure (AMI) to Power System Engineering, Inc., of Madison, Wisconsin, to conduct cost-of-service and rate design studies for the City’s Electric Utility in the amount not to exceed $109,365 16. Unit 7 Precipitator Enclosure a. RESOLUTION NO. 23-483 waiving Purchasing Policies and Procedures and awarding a single-source contract b. RESOLUTION NO. 23-484 awarding contract to Incorp Industries LLC, of Evansville, Indiana in the amount not to exceed $64,500 (inclusive of sales tax) 17. RESOLUTION NO. 23-485 approving Change Order No. 2 with JEO Consulting Group, Inc., for costs associated with redesigning practices for the FY 2022/23 Story County Edge of Field Project in the amount of $4,000 18. 2022/23 Main Street Paver Replacement Project a. RESOLUTION NO. 23-486 approving Change Order No. 3, the balancing change order, a deduction in the amount of $10,154 b. RESOLUTION NO. 23-492 accepting the project as completed by Con-Struct, Inc., of Ames, Iowa, in the amount of $365,546.15 19. RESOLUTION NO. 23-487 accepting the 2021/2022 Shared Use Path System Expansion (South of Lincoln Way Path Expansion) as completed by Howrey Construction, Inc., of Rockwell City, Iowa, in the amount of $213,840.81 20. RESOLUTION NO. 23-488 accepting the 2022/2023 Pavement Restoration – Slurry Seal Project as completed by Fort Dodge Asphalt Company, of Fort Dodge, Iowa, in the amount of $195,375.50 21. RESOLUTION NO. 23-489 accepting the Airport Underground Electric Line Crossing Project as completed by Voltmer Inc., Decorah, Iowa, in the amount of $217,375 22. RESOLUTION NO. 23-490 accepting the Water Treatment Plant High Service Pump Variable Frequency Drive Project as completed by Electric Pump and Tool Service, of Des Moines, Iowa, in the amount of $59,395 23. RESOLUTION NO. 23-491 accepting completion of public improvements and releasing security for Aspen Business Park 3rd Addition (Tailwind/Quarters) Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted, signed by the Mayor, and hereby made a portion of these Minutes. REQUESTS FROM THE MUCKY DUCK FOR ANNIVERSARY PARTY ON SEPTEMBER 16, 2023: Moved by Rollins, seconded by Betcher, to adopt RESOLUTION NO. 23-477 approving the suspension of parking regulations along the south side of Crystal Street from 110 Crystal Street to Opal Drive from 2:00 p.m. to 11:00 p.m. on September 16th. Vote on Motion: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Rollins, seconded by Betcher, to approve temporary extension for Outdoor Service area for The Mucky Duck, 3100 South Duff Avenue, Pending Dram Shop Insurance. Vote on Motion: 6-0. Motion declared carried unanimously. APPOINTMENT OF EX-OFFICIO STUDENT LIASON TO CITY COUNCIL: Moved by Beatty-Hansen, seconded by Junck, to adopt RESOLUTION NO. 23-478 approving appointment of ex-officio student liaison to City Council. Vote on Motion: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: Mayor Haila opened the Public Forum. Richard Deyo, 505 8th Street Apt. #2, Ames, shared his concerns with the proposed standards for decorum. Mayor Haila closed the Public Forum when no one else came forward to speak. CITY MEETING STANDARDS FOR DECORUM: Assistant City Manager (ACM) Brian Phillips presented the Council Action Form (CAF). Mayor Haila opened the Public Input. Richard Deyo, 505 8th Street Apt. #2, Ames, shared he was opposed to the proposed standards for decorum. Mayor Haila closed the Public Input when no one else came forward to speak. Moved by Gartin, seconded by Rollins, to adopt RESOLUTION NO. 23-452 approving revised City Meeting Standards for Decorum. Vote on Resolution: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. PRELIMINARY PLAT FOR 4098 E 13TH STREET: Planner Justin Moore presented the CAF. Mayor Haila opened the Public Input. Jesse Rognes, 7481 US Highway 69, Des Moines, the developer of the project, shared he was confident in the budget and that approval from the Iowa Department of Natural Resources had been received. Mayor Haila closed the Public Input when no one else came forward to speak. Moved by Betcher, seconded by Gartin, to adopt RESOLUTION 23-493 approving Preliminary Plat for 4098 E 13th Street. Vote on Resolution: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. STAFF REPORT ON CAMPUS GARAGE REZONING: Planner Moore presented the Staff Report. Mayor Haila opened the Public Input. Eric Mathre, 102 N Hyland Avenue, Ames, shared this history of the property and business and his desire to be compliant with current zoning standards. Mayor Haila closed Public Input when no one else came forward to speak. Moved by Gartin, seconded by Corrieri, to proceed with Option Two-Initiate an Ames Plan 2040 Land Use amendment to Community Commercial is required along with the HOC rezoning request. Vote on Motion: 1-5. Voting Aye: Gartin. Voting Nay: Beatty-Hansen, Betcher, Corrieri, Junck, and Rollins. Motion failed. Moved by Beatty-Hansen, seconded by Junck, to proceed with Option Four-Determine a rezoning to Neighborhood Commercial for Expansion of a Non-Conforming Use and Site Improvements. Vote on Motion: 6-0. Motion declared carried unanimously. STAFF REPORT ON SHARED USE PATH AT AUBURN TRAIL: Mayor Haila opened and closed the Public Comment when no one came forward to speak. Moved by Betcher, seconded by Junck, to grant the developer’s request to amend the agreement allowing construction of the Shared Use Path to be delayed. Vote on Motion: 6-0. Motion declared carried unanimously. STAFF REPORT ON PAVING REQUIREMENT FOR CEDAR LANE RELATED TO ANSLEY DEVELOPMENT: Planning and Housing Director Kelly Diekmann presented the Staff Report. Mayor Haila opened the Public Comment. Steve and Anne Burgason, 3314 Cedar Lane, Ames, gave an update on the project and the circumstances leading to their request. Mayor Haila closed the Public Comment who no one else came forward to speak. Moved by Gartin, seconded by Corrieri, to pursue a new agreement for the City to assume half of the paving cost for the 700 feet of Cedar Lane, rather than the developer. Vote on Motion: 2-4. Voting Aye: Corrieri, Gartin. Voting Nay: Beatty-Hansen, Betcher, Junck, and Rollins. Motion failed. Moved by Betcher, seconded by Junck, to take no action at this time. Vote on Motion: 4-2. Voting Aye: Beatty-Hansen, Betcher, Junck, and Rollins. Voting Nay: Corrieri and Gartin. Motion declared carried. SOUTH SKUNK RIVER FLOOD PLAIN: Water and Pollution Control Director John Dunn presented the CAF. Mayor Haila opened and closed Public Input when no one came forward to speak. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 23-494 approving the conceptual plan, subject to negotiation of acceptable terms and conditions, to acquire a portion of the Ryerson property for a future water well field and nutrient reduction credit in partnership with the USDA-NRCS, Iowa DNR, and Story County Conservation. Vote on Resolution: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Rollins, seconded by Betcher, to adopt RESOLUTION NO. 23-495 approving the conceptual plan, subject to negotiation of acceptable terms and conditions, to acquire the C. G. Lee property for drinking water source protection and nutrient reduction credit in partnership with the Iowa Natural Heritage Foundation and Story County Conservation. Vote on Resolution: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON PROPOSAL TO VACATE EXISTING ELECTRIC UTILITY EASEMENT AT 2214 LINCOLN WAY, LOCATED ON LOT 23, PARKERS ADDITION, AMES, IOWA: The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Betcher, seconded by Corrieri, to adopt RESOLUTION NO. 23-496 approving vacating Electric Utility Easement. Vote on Resolution: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON CYRIDE 2023 SHOP REHABILITATION PROJECT: The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Rollins, seconded by Betcher, to adopt RESOLUTION NO. 23-497 approving final plans and specifications and awarding contract to R.H. Grabau Construction, Inc., of Boone, Iowa, for the Base bid and Alternate 1, in the amount of $390,165. Vote on Resolution: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. THIRD READING AND ADOPTION OF ORDINANCE NO. 4510 PROPERTY MAINTENANCE CODE: Moved by Betcher, seconded by Corrieri, to pass on third reading and adopt ORDINANCE NO. 4510 Property Maintenance Code. Roll Call Vote: 5-1. Voting Aye: Beatty-Hansen, Betcher, Corrieri, Junck, and Rollins. Voting Nay: Gartin. Motion declared carried. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila stated that there were six items for consideration. The first item was a letter from Mason Adams with Alliant Energy regarding the Prairie View Industrial Complex Substation Request. Moved by Betcher, seconded by Rollins, to request a memo from staff. Vote on Motion: 6-0. Motion declared carried unanimously. A memo from Brian Phillips, ACM, Addressing the Arts Capital Request from Ames Writers Collective was considered next. Moved by Rollins, seconded by Junck, to place the item on a future agenda. Vote on Motion: 6-0. Motion declared carried unanimously. Geoff Huff, Chief of Police, pertaining to Electric Vehicle Charging Station Parking Regulations. Moved by Beatty-Hansen, seconded by Rollins, to place the item on a future agenda with options. Vote on Motion: 6-0. Motion declared carried unanimously. A memo from Chief of Police Geoff Huff, provided a Cyclone Welcome Weekend Recap. Mayor Haila noted this item was for information only. Jim Lovin and Larry Conley, the Scenic Valley Townhome Association Presidents, submitted a letter with a Pedestrian Warning Light Request. Moved by Gartin, seconded by Beatty-Hansen, to request a memo from staff. Vote on Motion: 6-0. Motion declared carried unanimously. Next, Eric Eide, of Nyemaster Goode, P.C., submitted a letter requesting City Support for Cranford Building Renovation Historical Tax Credits. Moved by Beatty-Hansen, seconded by Betcher, to pursue a Special Meeting of the Ames City Council to pass a resolution for City Support for Cranford Building Renovation Historical Tax Credits. Vote on Motion: 6-0. Motion declared carried unanimously. A report on Short-Term Housing Task Force Report and Recommendations from the Ames Chamber of Commerce & Economic Development was the final item to be considered. Moved by Betcher, seconded by Junck, to request a memo from staff. Vote on Motion: 6-0. Motion declared carried unanimously. COUNCIL COMMENTS: The Mayor and Council Members reported on various meetings attended, upcoming meetings, community events, and items of interest. CLOSED SESSION: Mayor Haila stated that City Attorney Mark Lambert had advised that a closed session was no longer necessary. ADJOURNMENT: Moved by Betcher, seconded by Beatty-Hansen, to adjourn the meeting at 8:30 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA SEPTEMBER 14, 2023 The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 1:45 p.m. on the 14th day of September 2023. As it was impractical for the Council Members to attend in person, Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Rachel Junck and Anita Rollins were brought in electronically. Council Member Gartin was absent as well as ex officio Jeff Clark. Mayor Haila asked if there were any questions for staff regarding the proposed resolution for 103 Stanton, LLC. There were no questions from City Council. Mayor Haila opened and closed the Public Input when no one chose to speak Moved by Beatty-Hansen, seconded by Betcher, to adopt RESOLUTION NO. 23-498 approving support of the application by 103 Stanton, LLC for Historical Tax Credits from the Iowa Economic Development Authority for the Rehabilitation of the Cranford Building Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. DISPOSITIONS OF COMMUNICATIONS: Mayor Haila noted that there were no items to consider. COUNCIL COMMENTS: None. ADJOURNMENT: Moved by Corrieri, seconded by Betcher, to adjourn the meeting at 1:48 p.m. Vote on Motion: 5-0. Motion declared carried unanimously. __________________________________ ____________________________________ Renee Hall, City Clerk John A. Haila, Mayor REPORT OF CONTRACT CHANGE ORDERS Department General Description of Contract Contract Change No. Original Contract Amount Contractor/ Vendor Total of Prior Change Orders Amount this Change Order Change Approved By Purchasing Contact (Buyer) Public Works South 16th Street Improvement Project (S. 16th Street & S. Grand Ave) 2 $4,085,830.80 Con-Struct Inc. $7,454.30 $21,372.75 B. Phillips KS Public Works 2022/23 Pavement Restoration Program (Slurry Seal) 1 $210,646.60 Fort Dodge Asphalt Co. $0.00 $-($15,271.10) J. Joiner KS Parks & Recreation/ Fleet Ames Downtown Plaza 7 $4,633,000.00 Henkel Construction Company $-(78,085.04) $5,882.60 C. Mellies KS Electric Services Tipping Fees for Ash Disposal 2 $48,850.00 Metro Waste Authority $145,000.00 $2,200.00 J. Muschick AM $ $ $ $ $ $ Period: 1st – 15th 16th – End of Month Month & Year: September 2023 For City Council Date: September 26, 2023 Item No. 6 Page 1 of 3 Applicant NAME OF LEGAL ENTITY Kum & Go LC NAME OF BUSINESS(DBA) Kum & Go Store 1113 BUSINESS (515) 274-7793 ADDRESS OF PREMISES 2801 E 13th St PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 1459 Grand Avenue CITY Des Moines STATE Iowa ZIP 50309 Contact Person NAME Jody Deiter PHONE (515) 457-6000 EMAIL licenses@kumandgo.com License Information LICENSE NUMBER LE0002122 LICENSE/PERMIT TYPE Class E Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE Mar 29, 2023 EXPIRATION DATE Mar 28, 2024 LAST DAY OF BUSINESS SUB-PERMITS Class E Retail Alcohol License PRIVILEGES Item No. 7 Page 2 of 3 Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Tyler Call Salt Lake City Utah 84111 Vice President 0.00 Yes Charles Maggelet Salt Lake City Utah 84111 CEO 0.00 Yes David Hancock Salt Lake City Utah 84111 Secretary 0.00 Yes Companies COMPANY NAME FEDERAL ID CITY STATE ZIP % OF OWNERSHIP FJ Management Salt Lake City Utah 84111 100.00 Insurance Company Information INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE Page 3 of 3 BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE Page 1 of 3 Applicant NAME OF LEGAL ENTITY Kum & Go LC NAME OF BUSINESS(DBA) Kum & Go # 227 BUSINESS (515) 274-7793 ADDRESS OF PREMISES 2108 Isaac Newton Dr PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 1459 Grand Avenue CITY Des Moines STATE Iowa ZIP 50309 Contact Person NAME Jody Deiter PHONE (515) 457-6000 EMAIL licenses@kumandgo.com License Information LICENSE NUMBER LE0002121 LICENSE/PERMIT TYPE Class E Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE Mar 29, 2023 EXPIRATION DATE Mar 28, 2024 LAST DAY OF BUSINESS SUB-PERMITS Class E Retail Alcohol License PRIVILEGES Item No. 8 Page 2 of 3 Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Tyler Call Salt Lake City Utah 84111 Vice President 0.00 Yes David Hancock Salt Lake City Utah 84111 Secretary 0.00 Yes Charles Maggelet Salt Lake City Utah 84111 President 0.00 Yes Companies COMPANY NAME FEDERAL ID CITY STATE ZIP % OF OWNERSHIP FJ Management Salt Lake City Utah 84111 100.00 Insurance Company Information INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE Page 3 of 3 BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE Page 1 of 3 Applicant NAME OF LEGAL ENTITY Kum & Go LC NAME OF BUSINESS(DBA) Kum & Go #200 BUSINESS (515) 292-3432 ADDRESS OF PREMISES 4510 Mortensen Road PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50014 MAILING ADDRESS 1459 Grand Avenue CITY Des Moines STATE Iowa ZIP 50309 Contact Person NAME Jody Deiter PHONE (515) 457-6249 EMAIL licenses@kumandgo.com License Information LICENSE NUMBER LE0001873 LICENSE/PERMIT TYPE Class E Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE July 1, 2023 EXPIRATION DATE June 30, 2024 LAST DAY OF BUSINESS SUB-PERMITS Class E Retail Alcohol License PRIVILEGES Item No. 9 Page 2 of 3 Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Charles Maggelet Salt Lake City Utah 84111 President 0.00 Yes Tyler Call Salt Lake City Utah 84111 Vice President 0.00 Yes David Hancock Salt Lake City Utah 84111 Secretary 0.00 Yes Companies COMPANY NAME FEDERAL ID CITY STATE ZIP % OF OWNERSHIP FJ Management Salt Lake City Utah 84111 100.00 Insurance Company Information INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE Page 3 of 3 BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE Page 1 of 3 Applicant NAME OF LEGAL ENTITY Kum & Go LC NAME OF BUSINESS(DBA) Kum & Go #216 BUSINESS (515) 292-5395 ADDRESS OF PREMISES 203 Welch Ave PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 1459 Grand Avenue CITY Des Moines STATE Iowa ZIP 50309 Contact Person NAME Jody Deiter PHONE (515) 457-6249 EMAIL licenses@kumandgo.com License Information LICENSE NUMBER LE0001881 LICENSE/PERMIT TYPE Class E Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE July 1, 2023 EXPIRATION DATE June 30, 2024 LAST DAY OF BUSINESS SUB-PERMITS Class E Retail Alcohol License PRIVILEGES Item No. 10 Page 2 of 3 Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN David Hancock Salt Lake City Utah 84111 Secretary 0.00 Yes Tyler Call Salt Lake City Utah 84111 Vice President 0.00 Yes Charles Maggelet Salt Lake City Utah 84111 President 0.00 Yes Companies COMPANY NAME FEDERAL ID CITY STATE ZIP % OF OWNERSHIP FJ Management Salt Lake City Utah 84111 100.00 Insurance Company Information INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE Page 3 of 3 BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE Page 1 of 3 Applicant NAME OF LEGAL ENTITY Kum & Go LC NAME OF BUSINESS(DBA) Kum & Go # 1215 BUSINESS (515) 274-7793 ADDRESS OF PREMISES 4506 Lincoln Way PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 1459 Grand Ave CITY Des Moines STATE Iowa ZIP 50309 Contact Person NAME Jody Deiter PHONE (515) 457-6249 EMAIL licenses@kumandgo.com License Information LICENSE NUMBER LE0002932 LICENSE/PERMIT TYPE Class E Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE Aug 28, 2023 EXPIRATION DATE Aug 27, 2024 LAST DAY OF BUSINESS SUB-PERMITS Class E Retail Alcohol License PRIVILEGES Item No. 11 Page 2 of 3 Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN David Hancock Salt Lake City Utah 84111 Secretary 0.00 Yes Tyler Call Salt Lake City Utah 84111 Vice President 0.00 Yes Reed Rainey Des Moines Iowa 50309 COO 0.00 Yes Tanner Krause Des Moines Iowa 50309 CEO 0.00 Yes Charles Maggelet Salt Lake City Utah 84111 CEO 0.00 Yes Companies COMPANY NAME FEDERAL ID CITY STATE ZIP % OF OWNERSHIP FJ Management Salt Lake City Utah 84111 100.00 Insurance Company Information Page 3 of 3 INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE Page 1 of 3 Applicant NAME OF LEGAL ENTITY Kum & Go, L.C. NAME OF BUSINESS(DBA) Kum & Go #0217 BUSINESS (515) 274-7793 ADDRESS OF PREMISES 3111 South Duff Avenue PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 1459 Grand Ave CITY Des Moines STATE Iowa ZIP 50309 Contact Person NAME Jody Deiter PHONE (515) 457-6249 EMAIL licenses@kumandgo.com License Information LICENSE NUMBER LE0003353 LICENSE/PERMIT TYPE Class E Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE Oct 9, 2023 EXPIRATION DATE Oct 8, 2024 LAST DAY OF BUSINESS SUB-PERMITS Class E Retail Alcohol License PRIVILEGES Item No. 12 Page 2 of 3 Status of Business BUSINESS TYPE Limited Partnership Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Tyler Call Salt Lake City Utah 84111 Vice President 0.00 Yes David Hancock Salt Lake City Utah 84111 Secretary 0.00 Yes Charles Maggelet Salt Lake City Utah 84111 President 0.00 Yes Companies COMPANY NAME FEDERAL ID CITY STATE ZIP % OF OWNERSHIP FJ Mangement Salt Lake City Utah 84111 100.00 Insurance Company Information INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE Page 3 of 3 BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 515.239.5133 non-emergency 515.239.5130 Administration 515.239.5429 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org Police Department MEMO Smart Choice To: Mayor John Haila and Ames City Council Members From: Lieutenant Mike Arkovich, Ames Police Department Date: September 1st, 2023 Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda The Council agenda for September 26th, 2023, includes beer permits and liquor license renewals for:  Hy-Vee Food and Drugstore #2, (640 Lincoln Way) Class E Liquor License  Hy-Vee Food Store #1, (3800 W. Lincoln Way) Class E Liquor License  Bullseye Restaurant Group LLC, (114 South Duff Ave) Class C Liquor License  CVS/Pharmacy #10452, (2420 Lincoln Way #104) Class E Liquor License  Flipn’ Jacks Pancake House & Eatery, (1520 S Dayton Place) Class C Liquor License  Sips & Paddy’s Irish Pub, (126 Welch) Class C Liquor License with Outdoor Service  Aldi, Inc. #48, (108 South 5th Street) Class C Beer Permit  Macubana, (116 Welch Ave) Class B Beer Permit A review of police records for the past 12 months found no liquor law violations for the above locations excluding Sips & Paddy’s Irish Pub. The Ames Police Department recommends the license renewal for these businesses. A review of the police records for the past 12 months found eight Minors on-premise violations at Sips & Paddy’s Irish Pub. Of those eight, six involved fake IDs, 75% of the on-premise violations. We will continue to work with Sips & Paddy’s Irish Pub to put safeguards in place to better identify fake IDs such as continuing to monitor the above location by conducting regular foot patrols, bar checks, recommending they continue to use their ID scanners, and educating the bar staff through monthly ID training. Sips & Paddy’s Irish Pub has passed all compliance checks. Therefore, the Ames Police Department recommends the license renewal for all of the business. Item No.13 1 ITEM #: 14 DATE: 09-12-23 DEPT: Admin COUNCIL ACTION FORM SUBJECT: REQUESTS FOR RUN FOR THE ROSES BACKGROUND: The members of Alpha Omicron Pi and the Ames Area Running Club are proposing to host their 37th annual Run for the Roses event on Sunday, October 22 from 9:00 a.m. to 12:00 p.m. The event includes a 5k race/walk, 10k race, kid’s run, and a post-race breakfast. An estimated 800 participants are anticipated to attend. This event has historically been held in southwest Ames. However, in 2022, organizers moved the run to the downtown area using a route similar to the former downtown Midnight Madness route. The downtown route is again proposed for 2023. The route begins adjacent City Hall, circles a portion of the downtown, and heads towards the Iowa State University campus, before looping back on itself and concluding in downtown. The omelet breakfast would be held in the City’s gymnasium. In order to facilitate the movement of participants, temporary street closures are required on Sunday, October 22 from 6:00 a.m. to approximately 12:00 p.m. on the following streets:  Fifth Street from Pearle Avenue to Douglas Avenue  Douglas Avenue from Fifth Street to Sixth Street  Sixth Street from Burnett Avenue to Douglas Avenue  Burnett Avenue from Sixth Street to Main Street  Main Street from Burnett Avenue to Allan Drive  Northwestern Avenue from Allan Drive to Sixth Street  Sixth Street from Northwestern Avenue to University Boulevard  University Boulevard from Sixth Street to Haber Road The streets will reopen as runners pass through each area during the final run. Public Works will provide barricades and traffic cones to facilitate the road closures, and volunteers will staff them. Other requests include a blanket temporary obstruction permit for the race area. In addition, the closure of metered parking spaces along the race route is being requested. However, because the event will occur on a Sunday, no parking meter revenue will be lost. Finally, the race organizers have requested a waiver of the $50 Road Race permit fee. 2 Event organizers have indicated they will go door-to-door with event information to affected properties along the route, including the downtown churches that hold services at the time the event will occur. Additionally, City staff will coordinate the use of the City Hall Gymnasium for this event with the users of the City Hall Auditorium, who will be using the facility at the same time. ALTERNATIVES: 1. Approve the requests of the event organizers for Run for the Roses on October 23, 2022. 2. Do not approve the requests, and direct staff to work with organizers to find an alternate location for the event. CITY MANAGER’S RECOMMENDED ACTION: Run for the Roses is a long-standing philanthropic event in Ames. The event has been well-organized in previous years. The proposed route has been utilized for similar events and is expected to minimize potential conflicts with vehicular traffic. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 3 4 5 Caring People  Quality Programs  Exceptional Service Item No. 15 MEMO TO: Members of the City Council FROM: John A. Haila, Mayor DATE: September 26, 2023 SUBJECT: Appointments to City Boards and Commissions Attached is a list of the City’s boards and commissions that have current vacancies and the names of individuals I propose to be appointed to fill the openings. I continue to be pleased with the qualifications of the residents who applied for open positions, and I continue to look for qualified and interested candidates to fill a few remaining openings. The application review and selection process included review of each application by the staff liaisons for the respective board or commission and me. We then compared notes. Staff is comfortable with the proposed list of recommended appointees. Should you have any questions on one, or several of the applicants, please let me know. The City Clerk’s Office also has all appointee applications on file should you wish to review them. Mayor’s Office 515.239.5105 main 515 Clark Ave. 515.239.5142 fax Ames, IA 50010 www.CityofAmes.org MAYOR’S APPOINTMENTS TO CITY OF AMES BOARDS AND COMMISSIONS SEPTEMBER 2023 Board/Commission Vacancies Name Building Board of Appeals - Master Electrician - General Contractor 2 Chris Nelson 1 Still Needed Commission on the Arts 1 Christa Knoll Historic Preservation Commission 2 Melissa Goodwin 1 Still Needed Public Art Commission 5 Manu Agnihotri Julieanne Rogowski Roman Chikerinets 2 Still Needed Transit Board of Trustees - ISU Student Government Representative (Non- Senator) 1 Jeff Clark RESOLUTION NO. ______ RESOLUTION APPROVING AND ADOPTING SUPPLEMENT NO. 2023-4 TO THE AMES MUNICIPAL CODE BE IT RESOLVED, by the City Council for the City of Ames, Iowa, that in accordance with the provisions of Section 380.8 Code of Iowa, a compilation of ordinances and amendments enacted subsequent to the adoption of the Ames Municipal Code shall be and the same is hereby approved and adopted, under date of October 1, 2023, as Supplement No. 2023-4 to the Ames Municipal Code. Adopted this day of , 2023. ___________________________ John A. Haila, Mayor Attest: _______________________________ Renee Hall, City Clerk ITEM #: 17 DATE: 09-26-23 DEPT: ADMIN COUNCIL ACTION FORM SUBJECT: ENCROACHMENT PERMIT FOR SIGN OUTSIDE BUILDING AT 330 5TH STREET - POTTER’S SHOPPE & EATERY BACKGROUND: The tenant in the building at 330 5th Street, Potter’s Shoppe & Eatery, is seeking approval for a sign outside the building that is 30 inches high and 30 inches wide. An Encroachment Permit is necessary to allow this sign to be installed over the right-of-way. Chapter 22.3(3) of the Ames Municipal Code requires approval of the Encroachment Permit Agreement by the City Council before the Permit can be issued. By signing the Agreement, the applicant and owner agree to hold harmless the City against any loss or liability as a result of the encroachment, to submit a certificate of liability insurance that protects the City in case of an accident, and to pay the fee for the Encroachment Permit. The applicant and owner also understand that this approval may be revoked at any time by the City Council. The fee for this permit was calculated at $25, and the full amount has been received by the City Clerk’s Office along with the certificate of liability insurance. ALTERNATIVES: 1. Approve the request for an encroachment permit. 2. Deny the request for an encroachment permit. CITY MANAGER’S RECOMMENDED ACTION: The application meets the criteria for the approval of an Encroachment Permit, and the required fee and insurance have been received by the City Clerk’s Office. It is therefore, the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ITEM #: 18 DATE: 09-26-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: UPDATE TO STREETLIGHT DATA SUBSCRIPTION SERVICE FOR TRAFFIC NETWORK DATA BACKGROUND: The City currently has a subscription contract with StreetLight Data, Inc., which expires on October 31, 2023. This service provides the City and Ames Area Metropolitan Planning Organization (AAMPO) with transportation data and analytical capabilities across the Ames regional area. The subscription data and analyses include vehicle origin/destination data, trip attributes (including socioeconomic data), segment travel times and speeds, segment traffic volumes, intersection traffic volumes, truck/commercial truck data, vehicle route choices, and multi-modal data. Data is sourced primarily from mobile devices, fleet/navigational devices, and connected vehicles and is completely anonymized. The annual cost of the current contract (expiring in October) is $99,000. This cost included Streetlight’s multi-modal data and analytics. Staff has frequently been utilizing this subscription for various purposes such as speed studies, traffic studies, and transportation planning activities. However, with the data collection and analysis process of the Ames Bicycle-Pedestrian Master Plan (Walk Bike Roll Ames) being complete along with the increasing delay in multi-modal data availability and lack of high sample rate of multi-modal data in our region, staff believes that it is no longer cost effective to include multi-modal data and analytics within the new subscription agreement. Streetlight is proposing a three-year renewal of our subscription with an option to opt out annually. The annual cost of this new agreement is $65,000. Funding in the amount of $52,000 was included in the FY 2024 Transportation Planning Work Program as approved by the AAMPO Transportation Policy Committee. Local match ($13,000) comes from the Regional Transportation Count Program of the City’s CIP (see tables below). Although the new agreement does not include multi- modal data or analytics, the services do encompass all the other data and analytics that the previous subscription included. Annual Expenses Annual Revenues Streetlight Subscription $65,000.00 AAMPO PL Funds $52,000.00 Road Use Tax Funds $13,000.00 Total $65,000.00 Total $65,000.00 ALTERNATIVES: 1. Approve the agreement for the Transportation Data & Analytics Subscription Service with StreetLight Data, Inc., of San Francisco, California, for 11/1/23 to 10/31/26, in an annual amount not to exceed $65,000. 2. Do not pursue another agreement with StreetLight Data, Inc. CITY MANAGER’S RECOMMENDED ACTION: The existing subscription to StreetLight has been a very valuable resource for the City's and AAMPO’s transportation studies and planning efforts. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ITEM #: 19 DATE: 09-26-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: 2022/23 CYRIDE ROUTE IMPROVEMENTS (LINCOLN WAY) FUNDING AGREEMENT WITH IOWA DEPARTMENT OF TRANSPORTATION BACKGROUND: The City of Ames has been awarded a grant in the amount of $1,686,000 through the Iowa Department of Transportation (Iowa DOT) for the 2022/23 CyRide Route Pavement Improvements (Lincoln Way) project. The project will begin at Beedle/Hickory Dr and extend 0.4 miles east to Franklin Ave. This agreement is through the Surface Transportation Block Grant (STBG) Federal-aid program, which requires a bid letting through IDOT. This agreement has been reviewed and approved by the City of Ames Legal Department. Revenues and estimated expenses for this project are shown below. Funding Source Revenue Expenses 2022/23 CyRide Route G.O. Bonds $1,225,000.00 2022/23 CyRide Route STBG Funds $1,686,000.00 2022/23 Shared Use Path Maintenance $ 172,500.00 Streetlight and Line Relocation Electric Utility Funds $ 45,000.00 Engineering/Administration $ 420,000.00 WHKS Design $ 158,700.00 Construction EST (Lincoln Way) $2,547,982.65 TOTAL $3,128,500.00 $3,126,682.65 ALTERNATIVES: 1. Approve the Iowa DOT STBG Federal-aid funding Agreement for the 2022/23 CyRide Route Pavement Improvements (Lincoln Way) project in the amount of $1,686,000. 2. Reject the Agreement. CITY MANAGER’S RECOMMENDED ACTION: Approval of this agreement with the Iowa DOT must happen before moving forward with design and construction of this project, planned for the 2024 construction season. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. July 2022 IOWA DEPARTMENT OF TRANSPORTATION Federal-aid Agreement for a Surface Transportation Block Grant Program Project RECIPIENT: City of Ames Project No.: STP-U-0155(711)—27-85 Iowa DOT Agreement No.: 1-23-STPU-031 CFDA No. and Title: 20.205 Highway Planning and Construction This is an agreement between the City of Ames, Iowa (hereinafter referred to as the RECIPIENT) and the Iowa Department of Transportation (hereinafter referred to as the DEPARTMENT). Iowa Code Sections 306A.7 and 307.44 provide for the RECIPIENT and the DEPARTMENT to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. Federal regulations require Federal funds to be administered by the DEPARTMENT. The RECIPIENT has received Federal funding through the Surface Transportation Block Grant (STBG) Program. STGB funds are available for construction, reconstruction, rehabilitation, resurfacing, restoration and operational or safety improvement projects on Federal-aid highways, bridges (as defined by the National Bridge Inspection Standards) on any public road, and several other types of projects, as specified in 23 U.S.C. 133(b). Federal-aid highways include all Federal Functional Classifications, except for rural minor collectors or local roads. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the DEPARTMENT agrees to provide STBG funding to the RECIPIENT for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1.The RECIPIENT shall be the lead local governmental agency for carrying out the provisions of this agreement. 2.All notices required under this agreement shall be made in writing to the appropriate contact person. The DEPARTMENT's contact person will be the Local Sy stems Project Development Engineer, Christy VanBuskirk, and the Central Region Local Systems Field Engineer, Brian J. C atus. The RECIPIENT's contact person shall be the Public Works Director. 3.The RECIPIENT shall be responsible for the development and completion of the following described STBG project: In the city of Ames, On LINCOLN WAY, from Beedle Dr 0.4 miles to S Franklin Ave, PCC Pavement – Grade and Replace. 4.Eligible project activities will be limited to actual construction costs. 5.Costs associated with work outside the eligible project construction lim its, routine maintenance activities, operations, and monitoring expenses are not eligible. In addition, administrative costs, e ngineering, inspection, legal, right of way, utility relocations, activities necessary to comply with Federal and State environmental or permit requirements, and fees or interest associated with bonds or loans are not eligible. 6.The RECIPIENT shall receive reimbursement for costs of authorized and approved eligible project activities from STBG funds. The portion of the project costs reimbursed by STBG funds shall be limited to a maximum of either 80 percent of eligible costs or the amount of $1,686,000 as stipulated in the Ames Area Metropolitan Planning Organization current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. 7.The RECIPIENT shall pay for all project cos ts not reimbursed with STBG funds. 8.If the project described in Section 3 drops out of the Ames Area Metropolitan Planning Or ganization current TIP or the approved current STIP prior to obligation of Federal funds, and the RECIPIENT fails to Page 2 reprogram the project in the appropriate TIP and STIP within 3 years, this agreement shall become null and void. 9. The RECIPIENT shall let the project for bids through the DEPARTMENT. 10. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 11. It is the intent of both parties that no third-party beneficiaries be created by this agreement. 12. This agreement and the attached Exhibit 1 constitute the entire agreement between the DEPARTMENT and the RECIPIENT concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the DEPARTMENT and the RECIPIENT. IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. City Signature Block By_______________________________ Date _____________________________, 20______ _______________________________ Title of city official I,________________________________, certify that I am the City Clerk of Ames, and that______________________________, who signed said Agreement for and on behalf of the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the _______ day of _____________________________, 20______. Signed_____________________________ Date _____________________________, 20______ City Clerk of Ames, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Administration By_________________________________ Date _____________________________, 20______ Brian J. Catus, P.E. Local Systems Field Engineer Central Region July 2022 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non-primary Projects Unless otherwise specified in this agreement, the RECIPIENT shall be responsible for the following: 1. General Requirements. a. The RECIPIENT shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the RECIPIENT, the DEPARTMENT has provided guidance in the Federal-aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.s) that are referenced by the Guide. Both are available on-line at: https://www.iowadot.gov/local_systems/ publications/im/lpa_ims.htm. The RECIPIENT shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the RECIPIENT shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the RECIPIENT 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. The RECIPIENT agrees to comply with the requirements outlined in I.M. 1.070, Title VI and Nondiscrimination Requirements, which includes the requirement to provide a copy of the Subrecipient’s Title VI Plan or Agreement and Standard DOT Title VI Assurances to the Department. c. The RECIPIENT shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When bicycle and/or pedestrian facilities are constructed, reconstructed, or altered, the RECIPIENT shall make such facilities compliant with the ADA and Section 504, which includes following the requirements set forth in Chapter 12A for sidewalks and Chapter 12B for Bicycle Facilities of the Iowa DOT Design Manual. d. To the extent allowable by law, the RECIPIENT agrees to indemnify, defend, and hold the DEPARTMENT harmless from any claim, action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the DEPARTMENT's application review and approval process, plan and construction reviews, and funding participation. e. As required by the 2 CFR 200.501 “Audit Requirements,” a non-Federal entity expending $750,000 or more in Federal awards in a year shall have a single or program-specific audit conducted for that year in accordance with the provision of that part. Auditee responsibilities are addressed in Subpart F of 2 CFR 200. The Federal funds provided by this agreement shall be reported on the appropriate Schedule of Expenditures of Federal Awards (SEFA) using the Catalog of Federal Domestic Assistance (CFDA) number and title as shown on the first page of this agreement. If the RECIPIENT will pay initial project costs and request reimbursement from the DEPARTMENT, the RECIPIENT shall report this project on its SEFA. If the DEPARTMENT will pay initial project costs and then credit those accounts from which initial costs were paid, the DEPARTMENT will report this project on its SEFA. In this case, the RECIPIENT shall not report this project on its SEFA. f. The RECIPIENT shall supply the DEPARTMENT with all information required by the Federal Funding Accountability and Transparency Act of 2006 and 2 CFR Part 170. g. The RECIPIENT shall comply with the following Disadvantaged Business Enterprise (DBE) requirements: i. The RECIPIENT shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The RECIPIENT shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. ii. The RECIPIENT shall comply with the requirements of I.M. 5.010, DBE Guidelines. EXHIBIT 1 Page 2 iii. The DEPARTMENT’s DBE program, as required by 49 CFR Part 26 and as approved by the Federal Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the RECIPIENT of its failure to carry out its approved program, the DEPARTMENT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the DEPARTMENT shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The Federal government, legislature or governor fail in the sole opinion of the DEPARTMENT to appropriate funds sufficient to allow the DEPARTMENT to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the DEPARTMENT to make any payment hereunder are insufficient or unavailable for any other reason as determined by the DEPARTMENT in its sole discretion; or 3) If the DEPARTMENT’s authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The DEPARTMENT shall provide the RECIPIENT with written notice of termination pursuant to this section. 2. Programming. a. The RECIPIENT shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The RECIPIENT shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the DEPARTMENT, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized. b. Upon receipt of Federal Highway Administration (FHWA) authorization a Federal Award Identification Number (FAIN) will be assigned to this project by the FHWA based on a methodology that incorporates identifying information about the federal award such as the federal funding program code and the federal project number. This FAIN will be used to identify this project and award on the federal government’s listing of financial assistance awards consistent with the Federal Funding Accountability and Transparency Act of 2006 (FFATA) at usaspending.gov. c. A period of performance for this federal funding award will be established at the time of FHWA authorization. The start date of the period of performance will be the FHWA authorization date. The project end date (PED) will be determined according to the methodology in I.M. 1.200, Federal Funds Management. Costs incurred before the start date or after the PED of the period of performance will not be eligible for reimbursement. 3. Design and Consultant Services a. The RECIPIENT shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the DEPARTMENT in the Guide and applicable I.M.s. 4. Environmental Requirements and other Agreements or Permits. a. The RECIPIENT shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The RECIPIENT shall complete any mitigation agreed upon in the FHWA approval document. These procedures are set forth in I.M. 3.020, Concept Statement Instructions; 4.020, NEPA Process; 4.110 Threatened and Endangered Species; and 4.120, Cultural Resource Regulations. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the RECIPIENT shall follow the procedures in I.M. 4.170, Farmland Protection Policy Act. EXHIBIT 1 Page 3 c. The RECIPIENT shall obtain project permits and approvals, when necessary, from the Iowa DEPARTMENT of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the DEPARTMENT, or other agencies as required. The RECIPIENT shall follow the procedures in I.M. 4.130, 404 Permit Process; 4.140, Storm Water Permits; 4.150 Iowa DNR Floodplain Permits and Regulations; 4.190, Highway Improvements in the Vicinity of Airports or Heliports; and 4.160, Asbestos Inspection, Removal, and Notification Requirements. d. In all contracts entered into by the RECIPIENT, and all subcontracts, in connection with this project that exceed $100,000, the RECIPIENT shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the RECIPIENT shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. 5. Right-of-Way, Railroads and Utilities. a. The RECIPIENT shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right-of-Way Acquisition, and the DEPARTMENT's Right of Way Bureau Local Public Agency Manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with the required procedures, even though no Federal funds are used for right-of-way activities. If Federal-aid will not be used in the cost of acquiring right-of-way, acquisition activities may begin prior to FHWA Environmental Concurrence. However, such acquisitions cannot affect the National Environmental Policy Act (NEPA) decision making process. b. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the RECIPIENT shall obtain agreements, easements, or permits as needed from the railroad. The RECIPIENT shall follow the procedures in I.M. 3.670, Work on Railroad Right-of-Way and I.M. 3.680, Federal-aid Projects Involving Railroads. c. The RECIPIENT shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highway Right of Way for projects on non-primary Federal-aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the RECIPIENT shall follow the DEPARTMENT’s Policy for Accommodating Utilities on Primary Road System. The RECIPIENT should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. 6. Contract Procurement. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer, architect, or landscape architect, as applicable, licensed in the State of Iowa. b. For projects let through the DEPARTMENT, the RECIPIENT shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the DEPARTMENT for review and approval in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the DEPARTMENT's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the RECIPIENT for individual construction items shall be approved by the DEPARTMENT. iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received, make a decision to either award a contract to the lowest responsive bidder or reject all bids, and if a contract is awarded, and execute the contract documents in Doc Express. EXHIBIT 1 Page 4 c. For projects that are let locally by the RECIPIENT, the RECIPIENT shall follow the procedures in I.M. 5.120, Local Letting Process - Federal-aid. d. The RECIPIENT shall forward a completed Project Development Certification (Form 730002) to the DEPARTMENT in accordance with I.M. 3.710, Project Development Certification Instructions. The project shall not receive FHWA Authorization for construction or be advertised for bids until after the DEPARTMENT has reviewed and approved the Project Development Certification. e. If the RECIPIENT is a city, the RECIPIENT shall comply with the public hearing requirements of the Iowa Code section 26.12. f. The RECIPIENT shall not provide the contractor with notice to proceed until after receiving notice in Doc Express that the Iowa DOT has concurred in the contract award. 7. Construction. a. A full-time employee of the RECIPIENT shall serve as the person in responsible charge of the construction project. For cities that do not have any full-time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the DEPARTMENT. b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. c. For projects let through the DEPARTMENT, the project shall be constructed under the DEPARTMENT's Standard Specifications for Highway and Bridge Construction and the RECIPIENT shall comply with the procedures and responsibilities for materials testing according to the DEPARTMENT's Materials I.M.s. Available on-line at: http://www.iowadot.gov/erl/current/IM/navigation/nav.htm. d. For projects let locally, the RECIPIENT shall provide materials testing and certifications as required by the approved specifications. e. If the DEPARTMENT provides any materials testing services to the RECIPIENT, the DEPARTMENT will bill the RECIPIENT for such testing services according to its normal policy as per Materials I.M. 103, Inspection Services Provided to Counties, Cities, and Other State Agencies. f. The RECIPIENT shall follow the procedures in I.M. 6.000, Construction Inspection, and the DEPARTMENT’s Construction Manual, as applicable, for conducting construction inspection activities. 8. Reimbursements. a. After costs have been incurred, the RECIPIENT shall submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least once every six months, but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the DEPARTMENT by August 1. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the RECIPIENT, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. Reimbursement claims shall be submitted on forms identified by the Department along with all required supporting documentation. The DEPARTMENT will reimburse the RECIPIENT for properly documented and certified claims for eligible project costs. The DEPARTMENT may withhold up to 5% of the Federal share of construction costs or 5% of the total Federal funds available for the project, whichever is less. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the DEPARTMENT determines the RECIPIENT has been EXHIBIT 1 Page 5 overpaid, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. After the final audit or review is complete and after the RECIPIENT has provided all required paperwork, the DEPARTMENT will release the Federal funds withheld. e. The total funds collected by the RECIPIENT for this project shall not exceed the total project costs. The total funds collected shall include any Federal or State funds received, any special assessments made by the RECIPIENT (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the RECIPIENT do exceed the total project costs, the RECIPIENT shall either: i. In the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or ii. Refund to the DEPARTMENT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the DEPARTMENT will either credit reimbursement billings to the FHWA or credit the appropriate State fund account in the amount of refunds received from the RECIPIENT. 9. Project Close-out. a. Within 30 days of completion of construction or other activities authorized by this agreement, the RECIPIENT shall provide written notification to the DEPARTMENT. The RECIPIENT shall follow and request a final audit, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal-aid, Federal-aid Swap, and Farm-to-Market Projects. Failure to comply with the procedures will result in loss of federal funds remaining to be reimbursed and the repayment of funds already reimbursed. The RECIPIENT may be suspended from receiving federal funds on future projects. b. For construction projects, the RECIPIENT shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of Federal funds shall be made only after the DEPARTMENT accepts the project as complete. d. The RECIPIENT shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The RECIPIENT shall also make these materials available at all reasonable times for inspection by the DEPARTMENT, FHWA, or any authorized representatives of the Federal Government. Copies of these materials shall be furnished by the RECIPIENT if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval of the final closure document, the DEPARTMENT will notify the RECIPIENT of the record retention date. e. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the DEPARTMENT and the FHWA. ITEM #: 20 DATE: 09-26-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: 2022/23 TRAFFIC SIGNAL PROGRAM (STATE AVE. & MORTENSEN ROAD PERMANENT SIGNAL) BACKGROUND: The Traffic Signal Program is the annual program that provides for replacing older traffic signals and for constructing new traffic signals. This will result in improved visibility, reliability, and appearance of signals. This program also provides for maintenance needs as well as traffic signal system upgrades as technology advances. This project includes constructing a permanent traffic signal at the intersection of State Ave and Mortensen Road to replace the existing temporary signal. On August 8, 2023, City Council approved a Memorandum of Understanding with Iowa State University to share equally in the costs of the construction of a permanent traffic signal. WHKS of Ames, Iowa, developed plans and specifications with an estimated budget as shown below: Revenues Expenses Road Use Tax $ 180,000 Administration $ 10,000.00 ISU Funding $180,000 Design $ 23,400.00 Construction (est) $ 223,656.25 Signal Poles (est) $ 55,000.00 Total $ 360,000 Total $ 312,056.25 ALTERNATIVES: 1. Approve the plans and specifications for the 2022/23 Traffic Signal Program (State & Mortensen) project and establish October 18, 2023, as the date of letting with October 24, 2023, as the date for report of bids. 2. Do not approve this project. CITY MANAGER’S RECOMMENDED ACTION: By approving these plans and specifications, it will be possible to construct the permanent signal in 2024 and eliminate the high maintenance requirements of the existing temporary signal. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ITEM#: 21 DATE: 09-26-23 DEPT: FLEET COUNCIL ACTION FORM SUBJECT: FLEET REPLACEMENT PROGRAM – TWO ALL-ELECTRIC PICKUPS BACKGROUND: Staff has been looking for the opportunity to add all-electric vehicles to the fleet in areas where it would be used more than the current motor pool. Due to supply chain issues this has not been possible until recently. Fleet staff has identified two supervisor trucks that will give us the opportunity to try all-electric pickups as replacement to see how they do in working conditions and allow us to collect our own data. The first pickup is for the Streets Supervisor in Public Works and the second pickup is for the Electric Technical Services Supervisor. Previously money was identified for the replacement in Public Works, but no vehicles were available. By going to all-electric the new trucks will have an MPGe (miles per gallon of gasoline-equivalent) of 73 in city driving conditions compared to an regular gasoline pickup that would get 19 mpg in city driving conditions. It is anticipated that this will result in a reduction in the carbon emissions of these trucks by 40%. On Friday, September 12, 2023 bids were received as follows: During the last budget period Fleet Services placed $50,000 in the escrow fund to help departments pay for the upgrade of regular vehicles to hybrid or all-electric vehicles. This money came from a fund that is the interest money from the escrow fund. The table below shows how this funding is used to help the departments make the purchase. With this purchase $10,000 has been designated to upgrade purchases. Available funding for this acquisition is as follows: Department/Division Replacement funding Estimated Salvage Value Fleet Assistance Total Funding Purchase Price Public Works/Streets $22,291 $27,500 $49,791 $45,088 Electric/Technical Services $22,369 $17,500 $10,000 $49,869 $45,088 Bidder Two, All-Electric, Pickups Karl Ford of Story City $90,176 Dewey Ford $111,830 ALTERNATIVES: 1. Award the bid including for 2 all-electric pickups, to Karl Ford of Story City, Iowa in the amount of $ 90,176. 2. Award the contract to the other bidder. 3. Reject these bids. CITY MANAGER’S RECOMMENDED ACTION: By awarding this bid the City will be able purchase the first all-electric trucks that will be placed into operation. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. ITEM#: 22 DATE: 09-26-23 DEPT: FLEET COUNCIL ACTION FORM SUBJECT: FLEET REPLACEMENT PROGRAM – FIVE SMALL PICKUPS BACKGROUND: With smaller pickups coming to market staff worked with departments to use them for replacements when it was feasible. Staff identified the need for 5 of these smaller pickups during replacement. Two pickups were identified for the Inspections division. Currently, they are using sedans but have trouble entering construction sites with the lower ground clearance. The small pickup will have a higher ground clearance and the type specified for the replacement is also a hybrid. The current vehicles get approximately 26 mpg in city conditions while the hybrid truck will get 40 mpg. So, while allowing for better use in the field we will also be decreasing the amount of carbon used. A third hybrid truck was identified for Parks and Recreation in the Cemetery. Originally, they were considering a UTV for use by Cemetery staff. By going to a hybrid truck, they will see significant reductions in carbon and fuel consumption. The other two trucks were identified for the Parking division of the Police Department. These trucks could not be hybrids as they are required to be able to tow the Neighborhood Trailer which is not possible with the hybrid version. There is still an increase in the fuel mileage going from 17 mpg to 24 mpg in city driving. On Friday, September 8, 2023 bids were received as follows: During the last budget period Fleet Services placed $50,000 in the vehicle replacement fund to help departments pay for the upgrade of regular vehicles to hybrid or all-electric vehicles. This money came from the interest money generated from the replacement fund. The table below shows how $10,500 will be used to help the Fire and Parks and Recreation Departments make the purchase. Bidder Two, Small Pickups, AWD, 4 Door Cab Three, Small Hybrid Pickups, 2WD, 4 Door Cab Bid Alternate: Spray in bed liner Total Cost all 5 trucks including bid alternate Karl Ford of Story City $52,402.00 $74,988.00 $2,475.00 $129,865.00 Dewey Ford $54,490.00 $77,640.00 $2,475.00 $134,605.00 Available funding for this acquisition is as follows: Department/Division Replacement funding as of 7/1/23 Estimated Salvage Value Fleet Assistance Total Funding Purchase Price Police/Parking $41,609 $32,000 $73,609 $53,392 Fire/Inspections $37,480 $9,200 $5,000 $51,680 $50,982 Parks and Rec/Cemetery $20,000 $5,500 $25,500 $25,491 ALTERNATIVES: 1. Award the bid including for 5 small pickup trucks, including spray in bedliner, to Karl Ford of Story City, Iowa in the amount of $ 129,865. 2. Award the contract to the other bidder. 3. Reject these bids. CITY MANAGER’S RECOMMENDED ACTION: By awarding this bid the City will be able purchase more fuel-efficient vehicles that can still perform the duties needed. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. ITEM #: 23 DATE: 09-26-23 DEPT: FLEET COUNCIL ACTION FORM SUBJECT: FLEET REPLACEMENT PROGRAM – RESOURCE RECOVERY WHEEL LOADER BACKGROUND: The City’s Resource Recovery Plant (RRP) uses two mid-size wheel loaders to move thousands of tons of refuse received at the plant each year. Due to the high use of these machines a rotation plan was developed to have one primary and one secondary machine. The machines currently in use are diesel-electric hybrid (DEH) wheel loaders. The DEH loaders have several advantages over conventional machines, including longer operational life, 26% lower fuel consumption (nearly 10,000 gallons over eight years), lower carbon footprint, and improved performance. Although the purchase cost of a DEH machine is greater than the conventional machine, the longer operational life allows the equipment to serve for four years as the primary loader, then move into a backup role for the next four years. This eight-year lifecycle allows the increased purchase price to be spread out over a longer period compared with conventional loaders, which must be taken out of service sooner. Therefore, the per- year cost of the DEH loader is far less than a conventional loader. An additional, unexpected benefit to the DEH loader is reduced tire wear. The sharp and abrasive materials received at the RRP necessitate solid rubber tires for these loaders. Each set of four tires costs $40,000. The DEH loader’s improved traction control and electric drive reduces tire wear by 50%, for an annual savings of approximately $10,000 per loader. The RRP’s current secondary loader is a 2015 John Deere 644k DEH. This loader is now due to be removed from service, allowing the current primary loader to move into the secondary role, and purchasing a new machine to serve as the primary equipment for the next four years. Bids were solicited for one new DEH wheel loader with bucket, extended warranty options, options for attachments, and a trade-in offer for RRP’s existing secondary loader. On September 5, 2023, bids were received as follows: Bidder Unit Price Make Model Year Trade-in Offer Total Less Trade-in Value Murphy Tractor & Equipment $369,827 John Deere 644X Hybrid 2024 ($40,000) $329,827 RTL Equipment of Des Moines $279,000 Doosan Conventional 2024 ($10,000) $269,000 The bid from RTL Equipment of Des Moines is for a conventional loader, which does not meet the minimum specifications required by the bid documents. Staff reviewed the bid from Murphy Tractor & Equipment, Des Moines, IA, and determined it is acceptable. In addition, staff proposes purchasing an optional forklift frame from Murphy Tractor & Equipment, which was offered with the bid at an additional cost of $11,754. Murphy Tractor and Equipment proposed three alternative warranty options: A) Comprehensive warranty plus powertrain and hydraulic system coverage, B) Powertrain and hydraulic coverage only (no coverage of other systems), or C) Comprehensive warranty only (no powertrain or hydraulic coverage). The pricing for the potential warranty combinations from Murphy is outlined below: Warranty Option Comprehensive Power Train & Hyd. Total A 6,000 hrs. / 48 months 10,000 hrs. / 72 months $35,523 B No coverage 10,000 hrs. / 72 months $30,436 C 6,000 hrs. / 48 months No coverage $18,276 Staff believes Warranty Option A, at the cost of $35,523, is the most advantageous to the City. The total cost for this purchase is therefore $377,104, as outlined in the table below: Item Cost 2024 John Deere 644X Hybrid wheel loader with bucket $ 369,827 Trade-in Offer for 2015 John Deere 644k loader (40,000) Option #2 forklift frame 11,754 Extended Warranty Option A 35,523 TOTAL $ 377,104 The available replacement funds as of the delivery date of May 2024 will be $380,869. ALTERNATIVES: 1. Award a contract to Murphy Tractor and Equipment of Des Moines, Iowa, in the net amount of $377,104 for one 2024 John Deere 644X Hybrid wheel loader which includes the Extended Warranty A, Option #2 Fork Frame, and the trade-in offer of $40,000 for the City’s 2015 John Deere 644k DEH Loader. 2. Reject the bids. CITY MANAGER’S RECOMMENDED ACTION: Fleet Services and Public Works staff agree the John Deere 644X Hybrid from Murphy Tractor and Equipment, of Des Moines, Iowa meets the City’s needs as specified, at the lowest price. Purchasing this loader will provide the best and most economical equipment. Therefore, it is the recommendation of the City Manager that the City Council adopts Alternative No.1, as described above. ITEM #: 24 DATE: 09-26-23 DEPT: FLEET COUNCIL ACTION FORM SUBJECT: FLEET REPLACEMENT PROGRAM – SKID STEER LOADER BACKGROUND: Public Works, Resource Recovery Plant uses one skid steer loader to perform various maintenance, material moving, dirt work, and snow removal. This skid steer is used daily, year-round, and is indispensable for the Resource Recovery Plant operations. This replacement is scheduled in the FY 2023/24 budget year. Bids were solicited for a new Skid Steer Loader to replace the 2011 John Deere 332D Skid Steer currently in use. Bids were received on August 18, 2023, as follows: Bidder Make/Year Model Trade-in Offer Solid Tires Option Bid Bobcat of Ames of Ames, IA Bobcat/ 2023/24 S770 $18,500.00 $4,163.24 $65,540.89 Murphy Tractor of Des Moines John Deere/ 2023 332G 0 No bid $78,994.14 The bid from Bobcat of Ames for one 2023/2024 Bobcat S770 Skid Steer Loader with bucket for $65,540.89 with solid tires for $4,163.24, and the $18,500 trade-in offer meet the City’s specification and are acceptable. Purchase Amount: One 2023/24 Bobcat S770 Skid Steer $65,540.89 Purchase Solid Tires option 4,163.24 Total $69,704.13 Available Funding: Replacement funds for the City’s JD 332D Skid Steer $52,248.00 Trade-in offer for City’s 2011 John Deere 332D Skid Steer 18,500.00 Total $70,748.00 ALTERNATIVES: 1. Approve and award this contract to Bobcat of Ames, IA for one 2023/24 Bobcat S770 Skid Steer Loader with solid tires for $4,163.24 and accept the $18,500 trade-in offer for a total of $51,204.13. 2. Award the contract to the other bidder. 3. Reject awarding contract to either bidder. MANAGER’S RECOMMENDED ACTION: Resource Recovery Plant staff, and the Fleet Director are confident the purchase of the 2023/24 Bobcat 770S Skid Steer Loader with Solid Rubber Tires will provide the City with exceptional service at the best price. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 1 ITEM #: 25 DATE: 09-26-23 DEPT: FLEET COUNCIL ACTION FORM SUBJECT: FLEET REPLACEMENT PROGRAM – ONE TRUCK CHASSIS WITH STANDARD CAB BACKGROUND: Parks and Recreation has one medium duty aerial truck to support the tree maintenance crew. This aerial truck is equipped with a 45-foot boom and bucket. Used year-round, this essential truck supports maintenance of the City’s trees in parks, rights-of-way, City property, and for storm cleanup. This truck is scheduled for replacement in FY 2023/24. A new replacement truck is to be equipped with an aerial lift and a wood chip containment box. Adding the chip box will allow the forestry crew to work from one truck with chipper in tow, in most cases eliminating a second truck to gather wood chips. The purchase will be divided into two contracts: one for the truck chassis (this bid) and a separate bid for the aerial unit, chip box, and accessories. The aerial unit, chip box, and accessories will be bid at a later date. Bids for the chassis were received on September 8, 2023, as follows: BIDDER MAKE MODEL YEAR Total for one Chassis Stivers Ford of Waukee, IA Ford F550 2024 $62,077.70 Karl Ford LLC of Story City, IA Ford F550 2024 $62,950.00 Stew Hansen (GL Dodge City) of Des Moines, IA Ram 5500 2024 $64,972.00 Dewey Ford Ford F550 2024 $68,765.00 The bid from Stivers Ford of Waukee is acceptable and meets the City’s required specifications. The chassis would not be delivered until spring 2024. The budget for this purchase is outlined below: EXPENSES: Ford F550 Chassis from Stivers Ford $ 62,077.70 Estimated cost for aerial unit, chip box, and accessories 105,000.00 Estimated Total Expenses $167,077.70 2 FUNDING AVAILABLE: Replacement Funds at time of delivery $175,367 Salvage Value of equipment being replaced 4,000 Total Available Funding $179,367 ALTERNATIVES: 1. Accept the report of bids and award a contract to Stivers Ford of Waukee, IA for the purchase of one 2024 Ford F550 chassis in the amount of $62,077.70. 2. Award a contract to one of the other bidders. 3. Reject the bids. CITY MANAGER’S RECOMMENDED ACTION: Parks and Recreation staff and the Fleet Services Director have thoroughly evaluated this bid and agree that purchasing the proposed chassis will meet the needs of the department. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 1 ITEM#: 26 DATE: 09-26-23 DEPT: ELECTRIC COUNCIL ACTION FORM SUBJECT: ASSET MANAGEMENT AGREEMENT / PIPELINE SERVICES FOR POWER PLANT BACKGROUND: The City’s Power Plant combusts natural gas in two boilers to generate electricity. An asset management firm is retained on a contract basis to manage the natural gas transactions and gas pipeline transportation contracts. The company also balances the demand of the City by buying and selling incremental natural gas to match supply to actual demand as closely as possible to minimize expenses to the utility. This contract is to provide Asset Management Agreement (AMA)/Pipeline Services for the period from November 1, 2023 through October 31, 2024. The agreement manages (1) the pipeline capacity the City has under contract with Northern Natural Gas Company, (2) the natural gas supply the City purchases, and (3) the scheduling and balancing of the Power Plant’s natural gas. “Balancing” involves matching the amount scheduled with the amount consumed. The contract includes a provision that would allow the City to renew the contract for up to two additional one-year terms. On August 14, 2023, a Request for Proposals (RFP) was posted to AmesBids. On August 31, two proposals were received. Proposals were independently scored by a review team with respect to the following criteria:  Experience in the electric generation and natural gas markets  Customer Service (i.e. hours of operation)  Ability to make adjustments when needed that will hold the City of Ames harmless  Assets to provide services  EMA terms of vendor’s agreement  Cost to provide base services for managing the City of Ames’ natural gas needs  Cost, if any, to provide additional services Overall, there were 3,000 possible points available. Based on the results of the committee members’ evaluations, the total scores were as follows: 2 Firm Total Score World Kinect Energy Services Minnetonka, MN 2,745 WoodRiver Energy LLC Denver, CO 1,240 Based on the scores and a unanimous decision by the evaluation committee, staff is recommending that the contract be awarded to World Kinect Energy Services, Minnetonka, MN. World Kinect will charge the City of Ames $3,400 per month for the basic services, or $40,800 for the 12 months of the contract. The agreement also outlines the terms and conditions when the actual amount of natural gas burned in a day is less than the total dekatherms purchased for that day. This can typically occur at times when Unit #8 is down for maintenance. For these events, World Kinect will sell or store the excess gas on behalf of the City and credit the City the revenue, less $0.03 per dekatherm. Conversely, when the actual amount of natural gas burned in a day is greater than the total dekatherms purchased for that day, World Kinect will purchase additional gas along with natural gas transportation service, if needed, on behalf of the City at cost plus $0.03 per dekatherm. This can typically occur at peak times in the summer when Unit #8 is operated at higher generation levels or when both Unit #7 and Unit #8 are operating at the same time. It is not possible to predict how much natural gas must be bought or sold on the spot market under the contract. Therefore, staff is requesting that a net amount not to exceed $300,000 be approved so that staff, together with World Kinect, can manage the daily gas needs over the coming year. If the net purchases of additional gas approach this limit, staff will return to City Council for additional purchasing approval at that time. The approved FY 2023/24 operating budget currently includes $13,980,000 for the purchase of natural gas to operate the Power Plant. Of that amount, $12,639,360 will be used to purchase natural gas, leaving $1,160,640 to meet the obligations of this contract. Because the natural gas purchase agreement and this AMA/Pipeline Services agreement extend into FY 2024/25, there will be an unfunded FY 2024/25 obligation of $7,070,400 for natural gas purchases and $313,600 for AMA/Pipeline services because next year’s budget has not yet been approved by the City Council. However, the proposed FY 2024/25 Electric Services budget will include appropriate funding to cover the remainder of these contracts. 3 ALTERNATIVES: 1. Award a contract to World Kinect Energy Services, Minnetonka, MN, for Asset Management /Pipeline services that will include: a) a not to exceed $40,800 fee for base services, b) a not to exceed net total of $300,000 for the purchase of additional natural gas plus delivery as needed to manage the day-to-day fuel needs of the Power Plant, c) a term of November 1, 2023 through October 31, 2024, and d) two additional one-year renewal options. 2. Award a contract to the other bidder. 3. Reject both proposals and direct staff to coordinate the nominating and balancing of the natural gas. CITY MANAGER'S RECOMMENDED ACTION: This contract provides Electric Services with a crucial service that will manage the natural gas needed to operate the Power Plant and burn refuse derived fuel. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 1 ITEM#: 27 DATE: 09-26-23 DEPT: ELECTRIC COUNCIL ACTION FORM SUBJECT: TIPPING FEES FOR ASH DISPOSAL FOR POWER PLANT BACKGROUND: The City‘s Power Plant has an ash pond where combusted Refuse Derived Fuel (RDF) residue settles to the bottom. The ash itself is composed of inorganic materials in the fuel that do not burn and must be removed from the boilers to allow continual operation. Once deposited in the ash pond, the relatively clean water on the top of the pond can be recycled to the Power Plant to transport additional ash from the bottom of the boilers. Over time the ash builds up on the bottom of the pond and reduces the available capacity of the pond. This ash must be periodically removed via excavating or dredging. Boone County Landfill is the designated landfill for our solid waste planning area, and therefore would be where dredged ash is typically disposed of. However, Boone County Landfill does not want to receive the RDF combustion ash and has instead instructed the City to haul all ash to Metro Park East Landfill in Mitchellville, Iowa. Wulfekuhle Injection & Pumping holds the contract to remove the ash from the pond. A separate contract with Metro Waste Authority to pay for the landfill tipping fees is necessary to complete the disposal of the ash. Funding for this contract will come from the Power Plant Ash System account where $210,000 is allocated for non-city services and ash hauling and disposal. In addition to approving the contract, the Council is being asked to waive the Purchasing Policies and Procedures requirement for formal bids, since solid waste planning area regulations would prevent the City from bidding the disposal location for this material. ALTERNATIVES: 1. Waive the City’s purchasing policy requirement for formal bidding procedures and award a contract to Metro Waste Authority, Des Moines, IA in the amount of $210,000. 2. Do not approve the contract and bid this service. CITY MANAGER'S RECOMMENDED ACTION: 3. The Power Plant needs to continuously remove ash from the ash pond when a unit is burning RDF. This contract will provide the necessary funds to address the disposal of the ash. Therefore, it is the recommendation of the City Manager that the City 2 Council adopt Alternative No.1, to 1) waive the City’s purchasing policy requirement for formal bidding procedures and 2) award a contract to Metro Waste Authority, Des Moines, IA in the amount of $210,000. ITEM #: 28 DATE: 09-26-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: 2021/22 COLLECTOR STREET PAVEMENT IMPROVEMENTS (HOOVER AVE) BACKGROUND: This annual program is to make pavement improvements to streets that are prioritized using the most current street condition inventory. Improving these streets will reduce future maintenance needs, allowing for earlier additional maintenance of other streets, which will prolong their useful life. The location for this project is Hoover Ave. from 24th St to Top O Hollow Rd. This project involved both full reconstruction as well as mill and overlay. On April 12th, 2022, City Council awarded the construction contract to Manatt’s Inc, of Ames, Iowa in the amount of $2,185,487.58. Change Order 1 was administratively approved by staff in the amount of $22,136. This change order was for storm intake structure modifications along Hoover Ave. Change Order 2 (balancing) reflects the final field measured quantities resulting in an increase of $55,954.78. This increase was largely due to the area around the Hoover Ave and Bloomington Rd intersection. Cores taken before the design of the project showed this area had an adequate condition and depth of existing asphalt base to allow for an overlay. Once the existing asphalt road surface was removed , it was discovered that a majority of the asphalt base was severely deteriorated. To meet pavement thickness requirements for a collector street, Manatt’s removed the deteriorated materials and constructed a new 4’’ asphalt base through the intersection area. As planned, a 6-inch concrete overlay was constructed above the new asphalt base. Construction was completed in the amount of $2,263,578.36. Revenue and expenses associated with this program are estimated as follows: Funding Source Available Revenue Estimated Expenses 2021/22 Collector Street Pavement Improvements $2,400,000.00 2021/22 Stormwater Improvement Program $ 100,000.00 Completed Construction Amount $2,263,578.36 Engineering and Administration $ 235,000.00 TOTAL $2,500,000.00 $2,498,578.36 ALTERNATIVES: 1. a. Approve Change Order 2 for the 2021/22 Collector Street Pavement Improvements (Hoover Ave) in the amount of $55,954.78. b. Accept the 2021/22 Collector Street Pavement Improvements (Hoover Ave) as completed by Manatt’s Inc, of Ames, Iowa in the amount of $2,263,578.36. 2. Direct staff to pursue modifications to the project. CITY MANAGER’S RECOMMENDED ACTION: This project has been completed in accordance with the approved plans and specifications, including the required field modifications. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 1 ITEM#: 29 DATE: 09-26-23 DEPT: ELECTRIC COUNCIL ACTION FORM SUBJECT: FURNISHING 69kV SF6 CIRCUIT BREAKERS AND CAPACITOR BANK FOR TOP-O-HOLLOW SUBSTATION - CONTRACT COMPLETION BACKGROUND In FY 2017/18, City Council approved preliminary plans and specifications for furnishing (1) two 69kV circuit breakers and capacitor bank for Top -O-Hollow Substation, and (2) two additional circuit breakers. The Engineer’s Estimate of the cost for this phase of the project was $296,000. This includes $196,000 for the Top-O-Hollow Substation 69kV Breakers and Capacitor Bank for the CIP project, as well as $100,000 for 69kV routine breaker replacements within the operating budget. On April 10, 2018, City Council awarded two contracts for this equipment: 1) Siemens Industry, Inc, Richland, MS – for Bid No. 1, Furnishing four 69kV SF6 Circuit Breakers in the amount of $150,442 (inclusive of Iowa sales tax), 2) Controllix Corporation, Walton Hills, OH – for Bid No. 2, Furnishing one 13.8kV Capacitor Bank in the amount of $98,105, plus applicable sales taxes in the amount of $6,643.35 to be paid directly by the City of Ames to the State of Iowa ($104,748.35 total). The total cost of these two contracts was $255,190.35. The equipment has been delivered and all the requirements of the contracts have been met by Siemens Industry, Inc. and Controllix Corporation. The Engineer has provided a certificate of completion. The FY 2017/18 CIP for Electric Services included $1,950,000 for construction under the Top-O-Hollow Substation Expansion and Breaker Addition project plus transfers from other CIPs as shown in the table below, which will cover the construction project as well as the two kV breakers and the capacitor bank for that project. FUNDING SOURCES: SOURCE AMOUNT FY 2017/18 Top-O-Hollow Substation Improvements CIP Construction budget $ 1,950,000 Transfer from budgeted CIP funds for 69kV Transmission Reconstruction ($800,000), Street Lights ($271,843) and 69kV Switchyard Relay & Controls ($331,652) $ 1,403,495 TOTAL AVAILABLE FUNDING $ 3,353,495 2 There remains an estimated expense of $350,000 for the installation of underground cable to complete the Top-O-Hollow Substation project. Including the estimated cost for that project component, total project expenses will be $2,767,587.58 as shown in the table below. This leaves $585,907.42 of funding remaining in the project balance, which will either be returned to the Electric Fund balance or a llocated to other projects. EXPENSES: VENDOR DESCRIPTION AMOUNT Siemens Industry, Inc 69kV Breakers (this Council action) $ 150,442.00 Controllix Corporation 13.8kV Cap Bank (this Council action) 104,748.35 HK Scholz Switchgear and control panels 599,231.00 RESCO Instrument transformers, 69kV switches and lightning arrestors 75,791.83 Kriz-Davis Co. – BSE Steel structures 42,003.18 Equipment Subtotal $ 972,216.36 Primoris Aevenia, Inc Construction Contract (inclusive of 7 change orders) $ 1,369,202.22 L&S Electric, Inc. Equipment commissioning 76,169.00 Not Yet Awarded 69kV underground cable installation (estimated) 350,000.00 Construction Subtotal (including estimated expenses) $ 1,795,371.22 TOTAL EXPENSES $ 2,767,587.58 ALTERNATIVES: 1. a. Accept completion of the contract with Siemens Industry Incorporated, of Richland, MS, for at a total cost of $150,442 (inclusive of Iowa sales tax). b. Accept completion of the contract with Controllix Corporation, of Walton Hills, OH, for at a total cost of $98,105, plus Iowa Sales tax of $6,643.36. 2. Delay acceptance of this contract. CITY MANAGER’S RECOMMENDED ACTION: The contractors furnishing 69kV SF6 Circuit Breakers and 13.8kV Capacitor for Top -O- Hollow Substation Expansion and Routine Breaker Replacements have delivered the equipment specified under the contracts. The Engineer has issued a certificate of completion of the work. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 1 ITEM #: 30 DATE: 09-26-23 DEPT: P&R COUNCIL ACTION FORM SUBJECT: COMPLETION OF CONTRACT FOR THE INIS GROVE PARK TENNIS COURT RESURFACING AND BROOKSIDE PARK TENNIS COURT REPAINTING PROJECT BACKGROUND: Over the last couple of years cracks started to appear, net posts started to lean, and the surfacing had started to peel off at the Inis Grove Park Tennis Courts. Also, the pickleball boundary lines at Brookside Park were becoming very difficult to see wh ile playing pickleball. This project included crack repair, tennis court post and net replacement, tennis court resurfacing, and new boundary lines for tennis and pickleball at Inis Grove Park. Alternate #1, which included repainting of the pickleball lines on the tennis courts in Brookside Park, was also completed. City Council awarded the Base Bid and Alternate #1 to Tennis Courts Unlimited, Inc., Nebraska City, Nebraska, on March 13, 2023, in the amount of $72,900. The work was completed on September 11, 2023. Total available funding for the project was $72,900. ALTERNATIVES: 1. Accept completion of the contract for the Inis Grove Park Tennis Court Resurfacing and Brookside Park Tennis Court Repainting Project with Tennis Courts Unlimited Inc., Nebraska City, Nebraska, in the amount of $72,900. 2. Do not accept completion of the contract for the Inis Grove Park Tennis Court Resurfacing and Brookside Park Tennis Court Repainting Project with Tennis Courts Unlimited Inc., Nebraska City, Nebraska. 3. Refer back to staff. CITY MANAGER’S RECOMMENDED ACTION: The tennis courts at Inis Grove Park and Brookside Park are heavily used amenities within the park system. This project addressed many issues that were affecting the playability of the courts at Inis Grove and Brookside Parks. The repairs that were made will increase the longevity and/or playability of the courts for many years. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 Engineering 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org Public Works Department 515 Clark Avenue, Ames, Iowa 50010 Phone 515-239-5160  Fax 515-239-5404 September 18, 2023 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: Scenic Valley 5th Addition Financial Security Reduction #3 Mayor and Council Members: I hereby certify that the PCC sidewalk, 6”, and detectable warning panels, required as a condition for approval of the final plat of Scenic Valley 5th Addition have been completed in an acceptable manner by Manatt’s Inc. of Ames, Iowa. The above-mentioned improvements have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa, and found to meet City specifications and standards. As a result of this certification, it is recommended that the financial security for public improvements on file with the City for this subdivision be reduced to $3,600.00. The remaining work covered by this financial security includes portion of sidewalks (PCC Sidewalk 4”), COSESCO (erosion control) and portion of street trees. Sincerely, John C. Joiner, P.E. Director JJ/cc cc: Finance, Planning & Housing, Subdivision file Item No. 31 Scenic Valley 5th Addition Financial Security Reduction #2 September 18, 2023 Page 2 Description and Quantities of Activities to be completed and accepted Item Quantity Unit PCC Sidewalk, 4" 60 SY Street Trees 2 EA COSESCO 1.2 AC Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 Engineering 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org Public Works Department 515 Clark Avenue, Ames, Iowa 50010 Phone 515-239-5160  Fax 515-239-5404 September 18, 2023 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: Scenic Valley 6th Addition Financial Security Reduction #3 Letter of Credit on File: #169 Mayor and Council Members: I hereby certify that the following activities required as a condition for approval of the final plat of Scenic Valley 6th Addition have been completed in an acceptable manner various contractors. 1. Portions of Sidewalk 2. Miscellaneous (Manhole Adjustments) The above-mentioned improvements have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa, and found to meet City specifications and standards. As a result of this certification, it is recommended that the financial security for public improvements on file with the City for this subdivision be reduced to $23,197.75. The remaining work covered by this financial security includes portion of Sidewalk PCC 4”, Sidewalks PCC 6”, detectable warning panels and portion of street trees. Sincerely, John C. Joiner, P.E. Director JJ/cc cc: Finance, Planning & Housing, Subdivision file Item No. 32 Scenic Valley 6th Addition Financial Security Reduction #3 September 18, 2023 Page 2 Remaining public improvements description and quantities to be completed and accepted. item Description Unit Qty 31 Sidewalk, PCC, 4” SY 368 32 Sidewalks, PCC, 6” SY 15 33 Detectable Panel Warnings SF 20 40 Street Trees EA 10 Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 Engineering 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org Public Works Department 515 Clark Avenue, Ames, Iowa 50010 Phone 515-239-5160  Fax 515-239-5404 September 18, 2023 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: Hayden’s Crossing 2nd Addition Financial Security 143 Reduction- Final Mayor and Council Members: I hereby certify that all public sidewalk required as a condition for approval of the final plat of Hayden’s Crossing 2st Addition, have been completed in an acceptable manner by various contractors. The above-mentioned improvements have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa and found to meet City specifications and standards. As a result of this certification, it is recommended that the financial security for public improvements on file with the City for this subdivision be reduced in full. Sincerely, John C. Joiner, P.E. Director JJ/cc cc: Finance, Developer, Planning & Housing, Subdivision file Item No. 33 Caring People  Quality Programs  Exceptional Service 515.239.5101 main 515.239.5142 fax 515 Clark Ave. Ames, IA 50010 www.CityofAmes.org City Manager’s Office MEMO To: Mayor and City Council From: Brian Phillips, Assistant City Manager Date: August 25, 2023 Subject: Arts Capital Grant Request from Ames Writers Collective On July 11, 2023, the City Council directed staff to provide a memo in response to a request from Ana McCracken regarding the Ames Writers Collective Arts Capital Grant (attached). In 2022, Ames Writers Collective was awarded an Arts Capital Grant in the amount of $5,590 for the purpose of purchasing tables and chairs, bookshelves, modular couches, and equipment for the Ames Writers Collective property located at 409 Douglas Avenue. In June 2023, Ames Writers Collective reported to City staff that the landlord for the property had not yet resumed renovating it, and therefore the commitment described in the grant cannot be completed. As an alternative to the original grant scope, Ames Writers Collective is proposing the purchase of chairs, tables, a moveable stage, and a Little Free Library. This equipment would be stored and used at the KHOI property at 622 Douglas Avenue. The grant amount would be revised to $3,223 ($2,367 less than the original grant award). A second alternative proposed by the organization would be to reimburse it for a tent purchased in 2022 for use at Farmers Markets and the Swift Literary Festival. This purchase was $2,642. The Council should note that KHOI received a grant through the same capital grant program for a separate project in the amount of $3,314. The original awards for the Arts Capital Grant program were made following a competitive review by COTA and PAC commissioners of the 11 applications received. Seven projects were awarded funding. In reviewing the alternative projects proposed by Ames Writers Collective, staff believes the proposed uses of the funding Item No. 34 are comparable to other Arts Capital Grant projects that were awarded funds in the original evaluation. The City Council’s options include: 1) Direct staff to prepare a contract amendment with Ames Writers Collective to purchase chairs, tables, a moveable stage, and a Little Free Library ($3,223). 2) Direct staff to prepare a contract amendment with Ames Writers Collective to reimburse the cost of a tent purchased last year by the organization ($2,642). 3) Direct staff to prepare a contract amendment with Ames Writers Collective to pay for the chairs, tables, moveable stage, Little Free Library, and the cost of the tent, up to the full original grant amount of $5,590. 4) Do not amend the grant contract and allow the allocated funds to be returned to the General Fund available balance. 1 ITEM # __35___ DATE: 09-26-23 DEPT: ADMIN. COUNCIL ACTION FORM SUBJECT: WEBSITE CONTRACT WITH GRANICUS BACKGROUND: The City’s website (www.CityOfAmes.org) is visited by hundreds of users every day, and it provides 24/7 access and services including utility bill payments, job applications, current bid documents, recreation program registration, and construction and development applications. To further the City Council’s goal of valuing communication and engagement with citizens, $75,000 in funding from the Hotel/Motel Tax Fund was included in the FY 2022/23 adjusted budget to improve the website. Updating the City’s online presence is important because the website has been identified as the most common source of City information according to the annual Resident Satisfaction Survey for the past several years. The current web uses a backend content management system (CMS) and is hosted by Granicus LLC, a Denver-based technology company. This system was procured through a competitive process in 2009. More than 50 City staff are backend users on the City web. Beginning in summer 2022, the City web group (Websters) began discussing ways the website could be improved as part of the regular Webster meetings. The desired improvements focused on three areas:  Attractive, intuitive design/Improved hierarchy  Compliance with Americans with Disabilities Act (ADA)  Better responsive design (display on different device sizes, e.g., phones, tablets) From the larger Webster group, a Website Improvement Subcommittee was formed to focus specifically on the identified improvements. The group considered two scenarios: 1) Abandoning the existing website and issuing an RFP for a new website including new backend and design; or 2) Working with the current website provider to improve the backend and redesign the web. After much discussion and research, the subcommittee decided it would be faster, more cost-efficient, and the least disruptive to customers and City staff members to improve the current website. The Website Improvement Subcommittee created a survey for Websters in January 2023 to determine specific areas of improvement for a new web. When asked to summarize customer complaints, the Websters’ responses included: 2 • Too many clicks required • Too much info on each page • More quick links on front needed • Mobile navigation/responsive design is bad • No centralized City projects page • Improve agenda process • Needs overall navigation improvements • Delete orphan/outdated pages • Develop uniform department pages • Update banner and modernize design Since January 2023, staff has met regularly with Granicus to determine the appropriate backend website solution to meet the identified needs of web users and Websters. Granicus recommended its “Open Cities” platform best meets the needs outlined by City staff. Other cities using this platform which include:  Miami, Florida (https://www.miami.gov/Home)  Syracuse, New York (https://www.syr.gov/Home)  Orlando, Florida (https://www.orlando.gov/Home), and  Denver, Colorado (https://denvergov.org/Home) Granicus proposed a contract in the amount of $47,920 to complete a website redesign, including a new backend solution. Granicus begins every website redesign with the discovery phase. Therefore, the contract includes data collection tools to identify current concerns with the existing web and desired content/functions before beginning the redesign itself. This process will include collection of analytical information from users, input from Websters, and surveys. In addition to the one-time $47,920 cost to redesign the website, the City will pay a subscription fee of $35,492.54 in FY 2023/24 to Granicus to continue 1) website hosting (paid for by Information Technology) and 2) video archive hosting (paid for by Media Productions), as well as 3) a new agenda management system hosting (paid for by the City Clerk’s Office). 3 Reflected in the table below is the future year pricing for the remaining four years included in the contract. The Government Experience Cloud (SERVE) represents the three services highlighted above. ALTERNATIVES: 1. Award a five-year contract with Granicus LLC, Denver, Colorado, in the amount not to exceed of $83,412.54 for Year 1 for the onetime fee for the new website backend and redesign as well as the ongoing subscription fees for a new agenda management system, website hosting, and video archive hosting. The contract also establishes subscription fees for the three ongoing services as follows: Year 2 ($37,267.17), Year 3 ($39,130.53), Year 4 (41,087.05) and Year 5 ($43,141.39). However, the contract allows the City to make the final decision whether to approve any future year obligation. 2. Approve the contract with Granicus that excludes the website redesign, but still includes the three ongoing services for a cost of $35,492.54. This alternative will be selected if the City Council no longer wants to pursue a redesign of the City’s website. 3. Do not approve a contract with Granicus and direct the City staff to negotiate with a different company to house a redesigned website. This alternative will be selected if the City Council wants to partner with a different company to design and house the website. CITY MANAGER'S RECOMMENDED ACTION: The proposed five-year contract with Granicus will allow for a new interface to be deployed for website visitors that will better match their desires. In addition, it will provide for new features for the backend users (City employees) to better manage the information on the site. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. Funding for the one-time web backend and redesign of $47,920 will come from the $75,000 the City Council appropriated for website improvements. The remaining $35,492.54 for the hosting costs will be covered by funds already budgeted in the division budgets. THIS IS NOT AN INVOICE Order Form Prepared for Ames, IA Order #: Q-281251 Prepared: 05 Sep 2023 Page 1 of 16 Granicus Proposal for Ames, IA ORDER DETAILS Prepared By:Allyson Biddy Phone:(832) 415-6090 Email:allyson.biddy@granicus.com Order #:Q-281251 Prepared On:05 Sep 2023 Expires On:31 Dec 2023 Currency:USD Payment Terms: Period of Performance: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) The term of the Agreement will commence on 1 Aug 2023 signed and will continue for 60 months. ORDER TERMS The subscription includes the following domain(s) and subdomain(s): ·cityofames.org Communications Cloud Tier: for up to 5000 subscribers PRICING SUMMARY Upon 1 Oct 2023, annual fees for the terminating subscription(s) shall cease. Any pre-paid fees for the terminating subscription(s) after 1 Oct 2023 will be prorated from the signing of this Agreement to the end of the Client's then-current billing term, credited, and such credit applied to the annual fees for new subscriptions. Client will continue to have access to and use the terminating solution until the new subscription(s) is/are deployed. Upon the deployment of Client's new solution as determined at Granicus' sole discretion, Granicus shall remove access to the Client's terminating subscription(s). * Solutions marked with an asterisk reflect existing solutions purchased by Client, which will continue under this Agreement under Government Experience Cloud (SERVE). Terminating Subscriptions Solution Quantity/Unit Prior Annual Fee GovMeetings Live Cast*0 Each $9,136.01 Granicus Live Cast Encoding Software*0 Each $1,500.00 Open Platform Suite*0 Each $0.00 SUBTOTAL:$31,124.52 govAccess for Traditional visionLive 0 Each $11,988.51 Prorated Credit $650.78 $106.85 $0.00 $9,963.15 $2,457.92 Peak Agenda Management*0 Each $8,500.00 $6,747.60 DocuSign Envelope ID: 86BF86A1-EBF0-4DC4-804E-4EF6C59A6BC6 Order Form Ames, IA Order #: Q-281251 Prepared: 05 Sep 2023 Page 2 of 16 One-Time Fees Solution Billing Frequency Quantity/Unit One-Time Fee Government Experience Cloud (SERVE) –Set-up & Config Up Front 1 Each $0.00 Granicus Web - Enhanced Package Milestones - 40/20/20/20 1 Each $12,000.00 Government Experience Cloud (SERVE) –Training Up Front 1 Each $0.00 Communications Cloud - Online Training Up Front 1 Each $0.00 Communications Cloud - Setup and Configuration Up Front 1 Each $0.00 Setup and configuration package: OpenForms License Up Front 1 Each $0.00 Training: OpenForms Up Front 1 Each $0.00 SUBTOTAL:$12,000.00 New Subscription Fees Solution Billing Frequency Quantity/Unit Annual Fee Government Experience Cloud (SERVE)Annual 1 Each $35,492.54 SUBTOTAL:$35,492.54 Period of PerformanceSolution(s)Year 2 Year 3 Year 4 Year 5 Government Experience Cloud (SERVE)$37,267.17 $39,130.53 $41,087.05 $43,141.39 SUBTOTAL:$37,267.17 $39,130.53 $41,087.05 $43,141.39 FUTURE YEAR PRICING DocuSign Envelope ID: 86BF86A1-EBF0-4DC4-804E-4EF6C59A6BC6 Order Form Ames, IA Order #: Q-281251 Prepared: 05 Sep 2023 Page 3 of 16 Optional Solutions Solution Billing Frequency Quantity/Unit Associated Fee Migration of existing Agendas Up Front 1 Each $920.00 GXG Writing for the Web Workshop Up Front 1 Each $5,000.00 Advanced UX Analysis Package Milestones - 40/20/20/20 2 Each $6,000.00 Training - OpenCities Upon Delivery 1 Each $1,500.00 GXG Information Architecture Up Front 1 Each $22,500.00 SUBTOTAL:$35,920.00 OPTIONAL SOLUTION PRICING DocuSign Envelope ID: 86BF86A1-EBF0-4DC4-804E-4EF6C59A6BC6 Order Form Ames, IA Order #: Q-281251 Prepared: 05 Sep 2023 Page 4 of 16 PRODUCT DESCRIPTIONS Solution Description Government Experience Cloud (SERVE) Government Experience Cloud is a purpose-built software-as-a-service (SaaS) solution that helps local government transform the resident experience to better connect, engage, and serve constituents by increasing workflow efficiencies and maximizing existing technology investments, such as integrations into traditional back-office enterprise solutions.The SERVE edition is an outcome focused solution that reduces costs by prioritizing moving expensive interactions with government - calls, in-person visits and downloadable PDFs - to easy-to-use self service interactions backed by data. DocuSign Envelope ID: 86BF86A1-EBF0-4DC4-804E-4EF6C59A6BC6 Order Form Ames, IA Order #: Q-281251 Prepared: 05 Sep 2023 Page 5 of 16 Solution Description Granicus Web - Enhanced Package The Enhanced package provides a citizen-focused website with a robust UX process. This package utilizes standard CMS functionality to create a modular homepage layout. It is recommended for organizations that have a small/medium website implementation team with the capacity to engage in a design process to feature their existing branding using proven design patterns for digital transformation. This package includes: ·Professional Project Management o Weekly / bi-weekly communication ·Basic UX Consultation, which may include one (1) or more of the following based on consultation with client: o One (1) site analytics report based on Google Analytics o One (1) homepage heatmap analytics visualization o One (1) internal stakeholder survey o One (1) Community survey export o One (1) modular homepage wireframe based on predefined building blocks o Information Architecture (IA) best practices review ·One (1) Content Rationalization Package (basic) o Best practices review, one (1) hour session o Site scrape loaded into AIM framework document ·One (1) Visual Design Package o One (1) homepage design concept o Interior page sample o Mobile version sample o Up to three (3) rounds of design revisions ·Up to two (2) CX features o choose from Granicus library ·Development/CMS Implementation ·Content Migration - up to one hundred (100) pages ·QA & Accessibility Report ·Remote Training o Delivered in three (3) non-consecutive sessions eight (8) hours total o No limit on attendees - Granicus recommends no more than twenty (20) people for effective training. DocuSign Envelope ID: 86BF86A1-EBF0-4DC4-804E-4EF6C59A6BC6 Order Form Ames, IA Order #: Q-281251 Prepared: 05 Sep 2023 Page 6 of 16 Solution Description OpenCities SaaS License The OpenCities platform allows you to launch modern, easy to use websites that evolve to put the needs of your community at the center. The SaaS License includes: ·All OpenCities out of the box functionality (excluding optional/premium modules priced separately) ·Platform setup and full project management ·Managed cloud hosting via Microsoft AzureGov ·Ongoing security updates ·Ongoing product updates and enhancements ·WCAG AA Accessibility maintained perpetually ·99.9% up-time guarantee and 24/7 support for Priority 1 issues (per SLA) ·Comprehensive SLA and Support Ticketing system See subscription agreement for details. Communications Cloud - Online Training Provides a balance of Product knowledge and industry best practices to a specific audience. Sessions are delivered by product experts via videoconferencing technology. Communications Cloud - Setup and Configuration The Cloud is a Software-as-a-Service (SaaS) solution that enables government organizations to connect with more people. By leveraging the Cloud, the client will be able to utilize a number of different outreach mediums, including email, SMS/text messages, RSS feeds, and social media integration to connect with its target audiences. The Cloud setup and configuration includes: ·The implementation consultant will be assigned to Recipient during the setup process for up to 90 days post-Communications Cloud project initiation. ·Unlimited access to Web-based recorded trainings and online help for administrations on the following topics: standard Messaging, the GovDelivery Network, Automation, Mobile and Analytics ·Up to 2 Web-hosted training sessions that must be used within 180 days of Kickoff ·Up to 5 hours of message template and integration development that must be used within 90 days of Kickoff DocuSign Envelope ID: 86BF86A1-EBF0-4DC4-804E-4EF6C59A6BC6 Order Form Ames, IA Order #: Q-281251 Prepared: 05 Sep 2023 Page 7 of 16 Solution Description Live Cast govMeetings Live Cast provides the ability to manage public meetings from anywhere, on almost any device using cloud based software and a Granicus Live Cast encoder. It will stream public meetings in HD, allow users to live index items, record and publish minutes, and provide archive videos for on-demand viewing. This is existing solution purchased by Client, which will continue under this Agreement under Government Experience Cloud (SERVE). Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage. This is existing solution purchased by Client, which will continue under this Agreement under Government Experience Cloud (SERVE). Granicus Live Cast Encoding Software Granicus Live Cast Software will convert the video feed for video streaming on the web which will also record video and provides the MP4 file for archive playback. This is existing solution purchased by Client, which will continue under this Agreement under Government Experience Cloud (SERVE). Migration of existing Agendas (Optional Solution) Migration of 46 pages of agendas. GXG Writing for the Web Workshop (Optional Solution) Content is the most important element of a website. We believe in using best practices to standardize and promote consistency. There's no better time to completely revamp your content than when you're updating your website and moving to a new CMS. We'll teach your team how to undeniably sound like the agency and focus on the user, helping you mature your communications and services over time. Services include: ·Workshop kick off: align on goals, dates, and participants / services ·Services review: review every service selected to confirm workshop feasibility ·One 3-hour workshop (remote) Sold as Firm Fixed Price (not Time & Materials). Assumes a 2-week level of effort to be completed within the contract period. Assumes the client has manual PDFs or use another digital tool. NOT for clients that mainly use third party applications for all services. NOT for clients that have a centralized content creation model (1-2 Content Authors/Publishers for the entire website) DocuSign Envelope ID: 86BF86A1-EBF0-4DC4-804E-4EF6C59A6BC6 Order Form Ames, IA Order #: Q-281251 Prepared: 05 Sep 2023 Page 8 of 16 Solution Description OpenForms Enterprise License (30 users, 100 forms) OpenForms is a digital forms builder specifically designed for Government. Government services can be complicated, but the experience for the residents accessing them shouldn’t have to be. OpenForms is perfect for the business of government, with capabilities that will help you convert complex, multi-page forms and processes into simple, step-by-step online forms that adjust based on customers responses. The Enterprise plan to accelerate digital transformation for up to: 30 users, 100 published forms. Key features include: ·Workspaces ·Response workflows ·Custom documents (Certificates, permits, formal letters & more) ·Form versioning & scheduling ·Drag and drop form builder ·Display logic and calculations ·Payments ·Insights dashboard ·Form analytics ·Support team access ·Save responses ·Unlimited responses ·Data connections and API access ·Up to: 50GB file uploads, 2,000 web API calls per hour, 20 custom documents per form Setup and configuration package: OpenForms License Setup and configuration of OpenForms Training: OpenForms 2.5 hour OpenForms Training session for up to 25 people, delivered online. DocuSign Envelope ID: 86BF86A1-EBF0-4DC4-804E-4EF6C59A6BC6 Order Form Ames, IA Order #: Q-281251 Prepared: 05 Sep 2023 Page 9 of 16 Solution Description Advanced UX Analysis Package (Optional Solution) Includes an in-depth User Experience (UX) Analysis of the client's website, which may include: ·Advanced Site Analytics: Identify and analyze top pages for desktop and mobile, entrance and exit pages ·Online Community Surveys: Conduct and analyze the results of a stakeholder survey and a community survey ·Heatmap Analysis: Capture and analyze heat maps and eye tracking maps ·Recorded User Testing: Conduct remote video user testing for five (5) users on five (5) tasks ·Comprehensive Report: Deliver a report outlining key insights and recommendations for layout, navigation, content and design for the new website which will serve as a guide for the rest of the design and development process Training - OpenCities (Optional Solution) 2.5 hour OpenCities training session for up to 20 people, delivered online, covering one of these topics: ·Site Admin training ·Content Publisher training ·Power Publisher training DocuSign Envelope ID: 86BF86A1-EBF0-4DC4-804E-4EF6C59A6BC6 Order Form Ames, IA Order #: Q-281251 Prepared: 05 Sep 2023 Page 10 of 16 Solution Description GXG Information Architecture (Optional Solution) Updating your website’s Information Architecture (IA) is key to improving the overall user experience. Our IA process involves website data analysis, user research and user testing, and other best-practice methodologies that serve to seamlessly bridge your goals with user needs. This effort will result in a strategic and scalable approach to content priorities, a development of a navigation structure for your new site, and the creation of an actionable implementation strategy for your existing content. Activities include: • Kickoff: Align on goals, expectations, timelines, and deliverables • Data Audit: We'll review surveys, Google Analytics, and any other piece of data to get a sense of how the website is currently utilized, what the user priorities are, and how the current content is meeting their needs. • User engagement: Conduct up to one (1) card sort with up to forty (40) external users OR up to one (1) tree test with up to forty (40) external users Deliverable: • Recommendations & Implementation Report. Includes new Information Architecture map, connecting individual pages to their new categories and location in the site tree Assumptions: • Covers analysis and IA for sites with up to 2,500 URLs. • Three-month period of performance to be completed within the contract period. • Does NOT include a content audit. • Does NOT include content creation. • Client sources external users for testing. • Does NOT include document review. Training - OpenCities (Optional Solution) 2.5 hour OpenCities training session for up to 20 people, delivered online, covering one of these topics: ·Site Admin training ·Content Publisher training ·Power Publisher training Peak Agenda Management Peak Agenda Management is a Software-as-a-Service (SaaS) solution that enables government organizations to simplify the agenda management and minutes recording process of the clerk’s office. Peak Agenda Management allows clerks to streamline the way they compile and produce agendas and record minutes for public meetings and includes: ·Unlimited user accounts ·Unlimited meeting bodies and meeting types ·Access to up to one (1) Peak Agenda Management site Send Agenda (Peak)Send Agenda is dependent on an active subscription to the relevant govMeetings agenda. This is existing solution purchased by Client, which will continue under this Agreement under Government Experience Cloud (SERVE). DocuSign Envelope ID: 86BF86A1-EBF0-4DC4-804E-4EF6C59A6BC6 Order Form Ames, IA Order #: Q-281251 Prepared: 05 Sep 2023 Page 11 of 16 GRANICUS ADVANCED NETWORK AND SUBSCRIBER INFORMATION ·Granicus Communications Suite Subscriber Information. o Data provided by the Client and contact information gathered through the Client's own web properties or activities will remain the property of the Client ('Direct Subscriber'), including any and all personally identifiable information (PII). Granicus will not release the data without the express written permission of the Client, unless required by law. o Granicus shall: (i) not disclose the Client's data except to any third parties as necessary to operate the Granicus Products and Services (provided that the Client hereby grants to Granicus a perpetual, non-cancelable, worldwide, non-exclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products by the Client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the functionality of the Granicus Products and any other legitimate business purpose, including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information). ·Data obtained through the Granicus Advanced Network. o Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus Client's digital communication (the 'Advanced Network'). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a 'Network Subscriber' to the agency it subscribed to through the Advanced Network. o Network Subscribers are available for use while the Client is under an active subscription with Granicus. Network Subscribers will not transfer to the Client upon termination of any Granicus Order, SOW, or Exhibit. The Client shall not use or transfer any of the Network Subscribers after termination of its Order, SOW, or Exhibit placed under this agreement. All information related to Network Subscribers must be destroyed by the Client within 15 calendar days of the Order, SOW, or Exhibit placed under this agreement terminating. o Opt-In. During the last 10 calendar days of the Client's subscription, the Client may send an opt- in email to Network Subscribers that shall include an explanation of the Client's relationship with Granicus terminating and that the Network Subscribers may visit the Client's website to subscribe to further updates from the Client in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided to the Client upon termination. UPDATES TO SHARED SHORT CODES FOR SMS/TEXT MESSAGING (US CLIENTS ONLY): ·Granicus will be migrating all clients with SMS/Text Messaging Solutions using a shared short code option to a unique standard toll-free number within the United States (International numbers not supported). Short Codes are recommended for Text-to-Subscribe functionalities, if enabled where available, for an additional fee. ·Client must have explicit opt-in for all destinations sent to and adhere to all CTIA guidelines for the duration of its use. THIRD PARTY DISCLAIMER ClearCaster and LiveCast Services: Client and Granicus agree that a third party will provide services under this Agreement. Client expressly understands that the third party is an independent contractor and not an agent or employee of Granicus. Granicus is not liable for acts performed by such an independent third party. DocuSign Envelope ID: 86BF86A1-EBF0-4DC4-804E-4EF6C59A6BC6 Order Form Ames, IA Order #: Q-281251 Prepared: 05 Sep 2023 Page 12 of 16 TERMS & CONDITIONS ·This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. ·This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Ames, IA to provide applicable exemption certificate(s). ·Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. ·Upon the effective date, this Agreement shall supersede and replace any previous agreement between the parties for the Terminating and/or Existing Subscriptions listed herein. All such prior agreements between the parties are hereby void and of no force and effect. ·ClearCaster Terms & Conditions attached to this quote are incorporated herein by reference. ·Client will be invoiced for use of any product or service measured or capped by volume or amount of usage that exceeds the permitted amount set forth in this Quote at the same cost or rate set forth herein. ·Updates to Shared Short Codes for SMS/Text Messaging: Granicus will be migrating all clients with SMS/Text Messaging Solutions using a shared short code option to a unique standard toll-free number within the United States (International numbers not supported). Short Codes are recommended for Text-to-Subscribe functionalities, if enabled where available, for an additional fee. Client must have explicit opt-in for all destinations sent to and adhere to all CTIA guidelines for the duration of its use. ·Billing Frequency Notes (Milestones - 40/20/20/20): An initial payment equal to 40% of the total; A payment equal to 20% of the total upon Granicus' delivery of the draft homepage design concepts to the client; A payment equal to 20% of the total upon implementation of the main website into the VCMS on a Granicus-hosted development server; and A payment equal to 20% of the total upon completion; provided, however that the client has completed training. If the client has not completed training, then Granicus shall invoice the client at the earlier of: completion of training or 21 days after completion. ·If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is subject to the appropriation of funds for such purpose by the CITY. If funds to effect such continued payment are not appropriated, Contractor agrees to terminate any services supplied to the CITY under this agreement, and relieve the CITY of any further obligation therefore. DocuSign Envelope ID: 86BF86A1-EBF0-4DC4-804E-4EF6C59A6BC6 Order Form Ames, IA Order #: Q-281251 Prepared: 05 Sep 2023 Page 13 of 16 BILLING INFORMATION Billing Contact:Purchase Order Required? [ ] - No [ ] - Yes Billing Address:PO Number: If PO required Billing Email:Billing Phone: If submitting a Purchase Order, please include the following language: The pricing, terms, and conditions of quote Q-281251 dated 05 Sep 2023 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. AGREEMENT AND ACCEPTANCE By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Granicus, LLC Signature: \s1\ Name: \n1\ Title: \t1\ Date: \d1\ Ames, IA Signature: \s1\ Name: \n1\ Title: \t1\ Date: \d1\ DocuSign Envelope ID: 86BF86A1-EBF0-4DC4-804E-4EF6C59A6BC6 9/21/2023 Manager, Contracts Brendan Stierman Order Form Ames, IA Order #: Q-281251 Prepared: 09/05/2023 Page 14 of 16 ClearCaster Terms & Conditions The ClearCaster products are subject to the following terms: Permitted Use. Granicus hereby grants during each Order Term or as otherwise specified in the Order, and Customer hereby accepts, solely for its internal use, a worldwide, revocable, non- exclusive, non- transferrable right to use the ClearCaster products to the extent allowed in the relevant Order (collectively the “Permitted Use”). The Permitted Use shall also include the right, subject to the conditions and restrictions set forth herein, to use the ClearCaster products up to the levels limited in the applicable Order. Data Sources. Data uploaded into ClearCaster products must be brought in from Customer sources (interactions with end users and opt-in contact lists). Customer cannot upload purchased contact information into the ClearCaster products without Granicus’ written permission and professional services support for list cleansing. Passwords. Passwords are not transferable to any third party. Customer is responsible for keeping all passwords secure and all use of the the ClearCaster products accessed through Customer’s passwords. Content. Customer can only use the ClearCaster products to share content that is created by and owned by Customer and/or content for related organizations provided that it is in support of other organizations but not as a primary communication vehicle for other organizations that do not have a Granicus subscription. Any content deemed inappropriate for a public audience or in support of programs or topics that are unrelated to Customer, can be removed or limited by Granicus. Disclaimers. Any text, data, graphics, or any other material displayed or published on Customer’s website must be free from violation of or infringement of copyright, trademark,service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others. Granicus is not responsible for content migrated by Client or any third party. Advertising. The ClearCaster products shall not be used to promote products or services available for sale through Customer or any third party unless approved in writing, in advance, by Granicus. Granicus reserves the right to request and review the details of any agreement betweenCustomer and a third party that compensates Customer for the right to have information included in Content distributed or made available through the ClearCaster products prior to approving the presence of Advertising within the ClearCaster products. Restrictions. Customer shall not: Misuse any Granicus resources or the ClearCaster products or cause any disruption, including but not limited to, the display of pornography or linking to pornographic material, advertisements, solicitations, or mass mailings toindividuals who have not agreed to be contacted; Use any process, program, or tool for gaining unauthorized access to the systems, networks, or DocuSign Envelope ID: 86BF86A1-EBF0-4DC4-804E-4EF6C59A6BC6 Order Form Ames, IA Order #: Q-281251 Prepared: 09/05/2023 Page 15 of 16 accounts of other parties, including but not limited to, other Granicus customers; Customer must not use the Granicus products, services or the ClearCaster products in a manner in which system or network resources are unreasonably denied to other Granicus clients; Customer must not use the services or ClearCaster products as a door or signpost to another server. Access or use any portion of the ClearCaster products, except as expressly allowed by this Order; Copy, distribute, sublicense, or otherwise share, software provided on the ClearCaster products; Disassemble, decompile, or otherwise reverse engineer all or any portion of the ClearCaster products; or add or remove software on the ClearCaster products without Granicus consent; Use the ClearCaster products for any unlawful purposes; Export or allow access to the ClearCaster products in violation of U.S. laws orregulations; Except as expressly permitted in this Order, subcontract, disclose, rent, or lease the ClearCaster products, or any portion thereof, for third party use; or Modify, adapt, or use the ClearCaster products to develop any software application intended for resale which uses the ClearCaster products in whole or in part. Customer Feedback. Customer assigns to Granicus any suggestion, enhancement, request, recommendation, correction or other feedback provided by Customer relating to the use of the ClearCaster products. Granicus may use such submissions as it deems appropriate in its sole discretion. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Granicus and/or its licensors reserve all right, title and interest in the ClearCaster products, the documentation and resulting product including all related intellectual property rights. Further, no implied licenses are granted to Customer. The Granicus name, the Granicus logo, and the product names associated with the services are trademarks of Granicus or its suppliers, and no right or license is granted to use them. License to Content; Access. Customer hereby grants Granicus and its vendors a limited right and license to view, access, use, modify, adapt, reproduce, transmit, distribute, display, and disclose Content for the sole purpose of providing the ClearCaster products.Customer agrees that Granicus and its vendors may remotely access the ClearCaster products for the sole purpose of providing Granicus products and services, and the ClearCaster products. DocuSign Envelope ID: 86BF86A1-EBF0-4DC4-804E-4EF6C59A6BC6 Order Form Ames, IA Order #: Q-281251 Prepared: 09/05/2023 Page 16 of 16 Warranties and Disclaimers. The ClearCaster products are provided “AS IS” and as available. EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIESOF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER GRANICUS NOR ITS SUPPLIERS WARRANT THAT THE CLEARCASTER PRODUCTS WILLMEET CUSTOMER’S REQUIREMENTS NOR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. Notwithstanding the foregoing and subject to payment of all applicable fees, Granicus will provide a three (3) year warranty with respect to required hardware. Within the three (3) year warranty period, Granicus shall repair or replace any required hardware provided directly from Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. UNDER NO CIRCUMSTANCES SHALL GRANICUS NOR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, GRANICUS NOR ITS SUPPLIER SHALL BE LIABLE FOR: (A) ERROROR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY, OR HARDWARE; (C) LOSS OF BUSINESS; (D) DAMAGES ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, HARDWARE, CLEARCASTER PRODUCTS, OR RELATED TECHNICAL SUPPORT; OR (E) FOR ANY MATTER BEYOND GRANICUS’ REASONABLE CONTROL, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY. IN NO INSTANCE SHALL EITHER PARTY’S LIABILITY TO THE OTHER PARTY FOR DIRECT DAMAGES RESULTING EXCLUSIVELY FROM THE CLEARCASTER PRODUCTS (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE FEES PAID BY CUSTOMER FOR GRANICUS PRODUCTS AND SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DIRECT DAMAGES. NEITHER PARTY MAY INSTITUTE AN ACTION IN ANY FORM ARISING OUT OF NOR IN CONNECTION WITH THE CLEARCASTER PRODUCTS MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN. DocuSign Envelope ID: 86BF86A1-EBF0-4DC4-804E-4EF6C59A6BC6 granicus.com | info@granicus.com page 1 granicus.com Master Subscription Agreement US/Canada This Master Subscription Agreement (“Agreement”) is effective as of the date an Order or SOW (as defined below) commences (“Effective Date”) between the party procuring Granicus Products and/or Services (“Client”) and Granicus, LLC, a Minnesota Limited Liability Company (“Granicus”). 1. Definitions. For the purpose of this Agreement, t he following terms have the corresponding definitions: “Content” means any material or data: (i) displayed or published on Client’s website; (ii) provided by Client to Granicus to perform the Services; or (iii) uploaded into Products. “Products” means the online or cloud subscription services, on premise software, and embedded software licensed to Client, and hardware components purchased by Client under this Agreement; “IP Rights” means all current and future worldwide statutory or other proprietary rights, whether registered or unregistered, including but not limited to, moral rights, copyright, trademarks, rights in designs, patents, rights in computer software data base rights, rights in know how, mask work, trade secrets, inventions, domain or company names and any application for the foregoing, including registration rights. “Order” means a binding proposal, written order, or purchasing document setting forth the Products made available to Client pursuant to this Agreement; “Services” means the consulting, integration, installation, and/or implementation services to be performed by Granicus as described in the SOW; “SOW” means a statement of work agreed to by the parties that references this Agreement and describes the Services and Deliverables provided as part of a Services engagement pursuant to the Services provisions set forth in this Agreement ; and 2. Intellectual Property Ownership and Use Rights. a) Intellectual Property Ownership. Granicus and its licensors own all IP Rights in the Products. Client and its authorized users have no right, title or interest in the Products other than the license rights expressly granted herein. All rights not expressly granted in the Products are reserved by Granicus or its licensors. b) License to Products. Granicus hereby grants Client a non-exclusive, non - transferable license to access and use the Products identified in the Order during the Term set forth therein. In addition to the terms of this Agreement and the Order, product-specific license terms applicable to certain of the Products can be found at granicus.com/legal/licensing and are hereby incorporated into this Agreement granicus.com | info@granicus.com page 2 granicus.com by reference. Granicus reserves all right, title and interest in and to all Granicus Products, including all rights not expressly granted to Client under this Agreement. c) Third Party Contractors. Client may permit its third-party contractors to access and use the Products solely on behalf of and for the benefit of Client, so long as: (i) such contractor agrees to comply with this Agreement as if it were Client; (ii) Client remains responsible for each contractor's compliance with this Agreement and any breach thereof; and (iii) all volume or transaction -based use of the Products includes use by contractors. All rights granted to any contractor terminate immediately upon conclusion of the Services rendered to Client that give rise to such right. Upon termination of such rights, contractor will immediately cease all use of the Products and uninstall and destroy all confidential or proprietary Granicus information in its possession. Client will certify compliance with this section in writing upon Granicus’ request. d) Data Sources. Client may only upload data related to individuals that originates with or is owned by Client. Cl ient shall not upload data purchased from third parties without Granicus’ prior written consent and list cleansing Services provided by Granicus for an additional fee. Granicus will not sell, use, or disclose any personal information provided by Client for any purpose other than performing S ervices subject to this Agreement. e) Content. Client can only use Products to share Content that is created by or owned by Client and/or Content for affiliated organizations, provided that use by Client for affiliated organizations is in support only, and not as a primary communication vehicle for such organizations that do not have their own license to the Products. Granicus is not responsible for any Content used, uploaded or migrated by Client or any third party. f) Advertising. Client shall not use Products to promote products or services available for sale through Client or any third party without Granicus’ prior written consent. g) Restrictions. Client shall not: (i) Use or permit any end user to use the Products to store or display adult content, promote illegal or immoral activities, send or store infringing, obscene, threatening or unlawful or tortious material or disrupt others use of the Products, network services or network equipment, including unsolicited advertising or chain letters, propagation of computer worms and viruses, or use of the Products to make unauthorized entry into any other device accessible via the network or Products; (ii) Use the Products as a door or signpost to another server; granicus.com | info@granicus.com page 3 granicus.com (iii) Disassemble, decompile, reverse engineer or make derivative works of the Products; (iv) Rent, lease, lend, or host the Products to or for any third party, or disclose the Products to any third party except as otherwise permitted in this Agreement or an Order or SOW; (v) Use the Products in violation of any applicable law, rule, or regulation, including violation of laws regarding the processing, use, or disclosure of personal information, or violation of any United States export control or regulation, United States embargo, or denied or sanctioned parties prohibitions; or (vi) Modify, adapt, or use the Products to develop any software application intended for resale which uses or competes with the Products in whole or in part. 3. Term; Termination. a) Agreement Term. This Agreement begins on the Effective Date and remains in effect for the period set out in the Order (“Initial Term”). Thereafter, this Agreement will continue in effect until all Orders or SOWs have expired or been terminated. b) Order Term. Each Order will be effective on the date set out therein and will remain in effect during the Initial Term identified in such Order. Each Order will automatically renew for twelve (12) month terms (each, a “Renewal Term”) unless either party gives the other party notice of non-renewal at least sixty (60) days prior to the end of the applicable Term of the Order. The Initial Term and all Renewal Terms are collectively, the “Term”. c) SOW Term. Each SOW will begin on the effective date of the SOW and will remain in effect until the Services are completed, this Agreement is terminated, or the termination date set out in the SOW (the “Termination Date”), whichever is later. If no specific Termination Date is designated in the SOW, Client may terminate the SOW upon thirty (30) days written notice to Granicus. d) Termination for Default. Either party may terminate this Agreement or any Order or SOW by written notice if the other party commits a material breach of this Agreement or the applicable Order or SOW and fails to cure such breach within thirty (30) days after receipt of such notice, or an additional period of time as agreed to by the parties. e) Effect of Termination. Upon expiration or termination of an Order or SOW for any reason: (i) Client’s right to access and use the Products will immediately cease (except for perpetual licenses granted under an Order, which will continue to be governed by this Agreement for the duration of the license); (ii) Client will promptly remit any fees due to Granicus under all Orders and SOWs; (iii) Granicus will promptly granicus.com | info@granicus.com page 4 granicus.com cease performance of any Services; and (i v) the parties will return or destroy any Confidential Information of the other party in its possession, and certify upon request to the other party of compliance with the foregoing. Client will have thirty (30) days from the expiration date of a subscription to extract or download any Content stored in the Products. Granicus has no obligation to retain any Content after such thirty (30)-day period nor is Granicus responsible for extracting the data on Client’s behalf absent separate written agreement and the payment of additional fees. f) Survival. Sections 4 (Fees, Payment), 9 (Confidentiality), 10 (Indemnification), 11 (Limitation of Liability), 13 (Governing Law) and any other clause that by its nature is intended to survive will survive termination of this Agreement indefinitely or to the extent set out therein. 4. Fees; Payment. a) Fees. Client wi ll pay all fees, costs and other amounts as specified in each Order or SOW. Annual fees are due upfront at the beginning of each annual term. Services fees and one-time fees are due according to the billing frequency specified in each Order or SOW. Granicus may suspend Client’s access to any Products if there is a lapse in payment not remedied promptly upon notice to Client. A lapse in the Term of each Order or SOW will require the payment of a setup fee to reinstate the subscription. All fees are exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is Client’s responsibility to provide applicable exemption certificate(s). b) Payment. Client will remit payment of the fees due within thirty (30) days of receipt of an accurate invoice from Granicus or its authorized reseller, or if Client is subject to different payment terms imposed by applicable regulation, such required payment duration. Any disputed amounts will be identified in writing to Granicus within the payment period or be deemed accurate and payable. With respect to any amount due to Granicus which is not paid within thirty (30) days of an undisputed invoice, Granicus may apply interest at the rate of one and half percent (1.5%) per month, or such lesser amount required by law, assessed from the due date through the date of payment. Client acknowledges and agrees that orders placed by Client for Products and Services will be non-cancellable and the fees paid are non-refundable unless otherwise expressly stated in the Agreement. c) Purchase Orders. Upon request, Granicus will reference a purchase order numb r on its invoices if Client provides the corresponding purchase order information to Granicus prior to generating the invoice. Client agrees that a failure to provide Granicus with purchase order information will not relieve Client of its obligations to provide payment in accordance with this section. d) Price Changes. Subject to any price schedule or pre -negotiated fees to which this Agreement or an Order may be subject, Granicus will provide notice of any price changes at least ninety (90) days prior to the end of the current Term, which will become effective as of the next Renewal Term. Renewals at the same volume amount will not increase more than ten percent (10%) over the prior year’s fees. granicus.com | info@granicus.com page 5 granicus.com Purchases of additional Products will be at Granicus’ then-current price and licenses, subject to volume or transaction metrics, and will be reviewed annually prior to commencement of the Renewal Term, with fees adjusted to cover increases in Client’s use. e) Cooperative Purchasing. To the extent permitted by law the terms of this Agreement may be extended for use by other municipalities, school districts and governmental agencies. Orders and SOWs entered into by such third parties are independent agreements between the third party and Granicus and do not affect this Agreement or any Order or SOW between Granicus and Client. 5. Client Responsibilities. a) Content. Client will be solely responsible for the Content submitted to the Products and will comply with all laws, rules and regulations relating to the use, disclosure and transmission of such Content, including providing such to Granicus . Client represents and warrants it has the legal right to provide the Content to Granicus and that such use or disclosure does not violate the intellectual property, privacy or other legal rights of any third party. Client grants Granicus a limited, non- exclusive right during the Term to access and use the Content to provide the Products and Services. Content does not include user feedback related to the Products or Services, which Granicus is free to use without any further permission or consideration to Client. In addition, Content does not include data generated by use of the Products, including system data and data derived from Content in an aggregated and anonymized form, which may be used by Granicus for any and all business purposes including diagnostics and system and product improvements. b) Data Backup and Protection. Client will maintain a back-up of any data or data files provided to Granicus. For certain Products, Granicus offers functionality that requires subscribers to enable password protection of subscriber profiles and associated data. Client assumes all responsibility for implementing and enforcing this security functionality in its sole discretion. c) Passwords. Sign-on credentials used to access the Products are non- transferable. Client is responsible for keeping all passwords secure and for all use of the Products through Client’s sign in credentials. d) Cooperation. Client will provide any assistance reasonably required by Granicus to perform the Services, including timely review of plans and schedules for the Services and reasonable access to Client’s offices for Services performed onsite. e) Third-Party Technology. Client will be responsible for securing all licenses for third party technology necessary for Granicus to perform the Services (including the right for Granicus to use such technology) and will be responsible for the performance of any third-party providing goods or services to Client related to the Services, including such third party’s cooperation with Granicus. 6. Support. Basic support and maintenance services provided to Client for Products (“Support”) is included in the fees paid for the Granicus Product granicus.com | info@granicus.com page 6 granicus.com subscription or maintenance during the Term and will be provided in accordance with the Service Level Agreement set forth at www.granicus.com/legal/licensing . Granicus may update its Support obligations under this Agreement, so long as the level of Support agreed to by the parties is not materially diminished due to such modification. 7. Representations; Warranties; Disclaimers. a) Representations. Each Party represents that it has validly entered into this Agreement and has the legal power to do so. b) Warranties: (i) Each party warrants that it has the rights necessary to grant to the other party the licenses granted in this Agreement. (ii) Granicus warrants that it will perform its obligations in a professional and workmanlike manner in accordance with industry standards. (iii) Client’s sole and exclusive remedy and Granicus ’ sole obligation for breach of the warranties in this Section are as follows: (i) for a breach of the warranty in Section 7.b.(i), the indemnity in Section 10 of this Agreement ; and (ii) for a breach of the warranty in Section 7.b.(ii) reperformance of the non- conforming Services, provided that Client notifies Granicus of a non-conformity in this Section during the thirty (30) day period following Granicus’ completion of the applicable Services . c) Disclaimers. EXCEPT AS EXPRESSLY STATED IN THIS THIS SECTION, THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND GRANICUS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. GRANICUS DOES NOT WARRANT THAT PRODUCTS OR SERVICES WILL MEET CLIENT’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. 8. Services. a) Granicus will perform Services in accordance with this Agreement and the SOW. Granicus is not obligated to provide any Services unless set out in the SOW. Unless otherwise set out in the SOW or as agreed to by the parties the Services will be performed remotely. Any estimates provided in the SOW, including expected hours to complete the Services and any timeline provided by Granicus, are based on known functional requirements and technical environments as of the effective date of the SOW. Changes or delays in the work schedule originating with Client are subject to the project change procedure and may result in an increase in fees. b) Granicus grants Client a non-exclusive, non-transferable, royalty-free, perpetual license to use the Deliverables on behalf of and for the benefit of Client independently and with the Products. Granicus retains all right, title and interest to granicus.com | info@granicus.com page 7 granicus.com the Deliverables except for those rights expressly granted to Client and reserves all rights not otherwise expressly granted herein. Deliverables and Services are deemed accepted upon delivery unless otherwise set forth in a SOW. “Deliverable(s)” means any computer software, written documentation, reports or materials developed by Granicus specifically for Client pursuant to a SOW; c) Any modifications to the Services must be in writing and signed by authorized representatives of each party. Granicus personnel performing Services at Client’s offices will comply with Client’s policies and procedures in effect at such location. d) If agreed to by the Parties in the SOW, Client will also pay for all reasonable travel-related and out -of-pocket expenses incurred by Granicus in the performance of the Services in accordance with Client’s travel and expense policy which will be provided to Granicus in writing (or Granicus’ policy if none is provided by Client) and which will be billed monthly and due thirty (30) days following date of invoice. 9. Confidentiality. During performance of the Services, each party may receive Confidential Information of the other party. a) “Confidential Information” means all confidential and/or trade secret information of either party (“Disclosing Party”), including but not limited to: (i) Granicus’ Products; (ii) non-public information if it is clearly and conspicuously marked as “confidential” or with a similar designation at the time of disclosure; (iii) non-public information of the Disclosing Party if it is identified as confidential and/or proprietary before, during, or promptly after presentation or communication; and (iv) any information that should be reasonably understood to be confidential or proprietary given the nature of the information and the context in which disclosed, in each case that is disclosed to the other party (“Receiving Party”) or to which the Receiving Party gains access in connection with performance of the Services. b) S ubject to freedom of information, government transparency, or similar applicable law, each Receiving Party will receive and hold any Confidential Information in strict confidence and will: (i) protect and safeguard the Confidential Information against una uthorized use, publication or disclosure; (ii) not reveal, report, publish, disclose, transfer, copy or otherwise use any Confidential Information except as specifically authorized by the Disclosing Party; (iii) not use any Confidential Information for any purpose other than in performance of this Agreement; (iv) restrict access to Confidential Information to those of its advisors, officers, directors, employees, agents, consultants, contractors and lobbyists who have a need to know, who have been advised o f the confidential nature thereof, and who are under express written obligations of confidentiality or under obligations of confidentiality imposed by law or rule; and (v) exercise at least the same standard of care and security to protect the confidentiality of the Confidential Information received by it as it protects its own confidential information, but no less than a reasonable degree of care. c) If a Receiving Party is requested or required in a judicial, administrative, or governmental proceeding to disclose any Confidential Information, it will notify the granicus.com | info@granicus.com page 8 granicus.com Disclosing Party as promptly as practicable so that the Disclosing Party may seek an appropriate protective order or waiver for that instance, unless such notification is prohibited by law or judicial order. d) The foregoing obligations do not apply to information that: (i) is already public or becomes available to the public through no breach of this section; (ii) was in the Receiving Party’s lawful possession before receipt from the Disclosing Party; (iii) is lawfully received independently from a third party who is not bound by a confidentiality obligation; or (iv) is independently developed by or on behalf of the Receiving Party without use of any Confidential Information. e ) Upon written request of the Disclosing Party, the Receiving Party agrees to promptly return or destroy all Confidential Information in its possession, and certify its destruction in writing, provided that the Receiving Party may retain a copy of the returned or destroyed items for archival purposes in accordance with its records retention policies and subject to this section. f) Disclosing Party may be irreparably damaged if the obligations under this section are not enforced and as such may not have an adequate remedy in the event of a breach by Receiving Party of its obligations hereunder. The parties agree, therefore, that Disclosing Party is entitled to seek, in addition to other available remedies, an injunction restraining any actual, threatened or further breaches of the Receiving Party’s obligations under this section or any other appropriate equitable order or decree. 10. Indemnification. a) Granicus will defend, indemnify and hold Client harmless from and against all losses, liabilities, damages and expenses including reasonable attorney fees (collectively, “Losses”) arising from any claim or suit by an unaffiliated third party that the Products or Deliverables, as delivered to Client and when used in accordance with this Agreement and the applicable Order or SOW, infringes a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order or SOW (a “Claim”). b) To the extent permitted by applicable law, Granicus will have control of the defense and reserves the right to settle any Claim. Client must notify Granicus promptly of any Claim and provide reasonable cooperation to Granicus, upon Granicus’ request and at Granicus’ cost, to defend such Claim. Granicus will not agree to any settlement which requires acknowledgment of fault or an incurred liability on the part of an indemnified party not otherwise covered by this indemnification without indemnified party’s prior consent. Client may elect to participate in the defense of any claim with counsel of its choosing at its own expense. c) If the Products or Deliverables are subject to a claim of infringement or misappropriation, or if Granicus reasonably believes the Products or Deliverables may be subject to such a Claim, Granicus reserves the right, in its sole discretion, to: granicus.com | info@granicus.com page 9 granicus.com (i) replace the affected Products or Deliverable with non-infringing functional equivalents; (ii) modify the affected Products or Deliverable to render it non- infringing; or (iii) terminate this Agreement or the applicable Order or SOW with respect to the affected Granicus Product or Deliverable and refund to Client any prepaid fees for the then-remaining portion of the Order or SOW Term. d) Granicus will have no obligation to indemnify, defend, or hold Client harmless from any Claim to the extent it is based upon: (i) a modification to the Granicus Product or Deliverable by anyone other than Granicus; (ii) a modification made by Granicus pursuant to Client’s required instructions or specifications or in reliance on materials or information provided by Client; (iii) combination with the Products or Deliverable with non-Granicus software or data; or (iv) Client’s (or any authorized user of Client) use of any Products or Deliverables other than in accordance with this Agreement. e) This section sets forth Client’s sole and exclusive remedy, and Granicus’ entire liability, for any Claim that the Products, Deliverables or any other materials provi ded by Granicus violate or infringe upon the rights of any third party. 11. Limitation of Liability. a) EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR ANY: (I) SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; OR (II) LOSS OR DAMAGE TO DATA, LOST PROFITS, SALES, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, WHETHER AN ACTION IS IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. b) IN NO EVENT, EXCEPT FOR CLIENT’S OBLIGATIONS TO PAY AMOUNTS DUE UNDER THE ORDER OR SOW, OR GRANICUS’ INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 10 (INDEMNIFICATION), WILL EITHER PARTY’S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT (IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE) EXCEED THE AMOUNT OF FEES PAID BY CLIENT TO GRANICUS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM. HOWEVER, IF CLIENT HAS PAID NO FEES UNDER THE TERMS OF AN ORDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE INCIDENT GIVING RISE TO THE CLAIM, THE AGGREGATE LIABILITY OF GRANICUS TO CUSTOMER FOR SUCH CLAIM SHALL NOT EXCEED FIVE THOUSDAND DOLLARS ($5,000). 12. General. a) Force Majeure. With the exception of payment obligations, any delay in the performance by either party of its obligations hereunder will be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any ac t of God; any fire, flood, or weather condition; any computer virus, worm, denial of granicus.com | info@granicus.com page 10 granicus.com service attack; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Party within twenty (20) days after occurrence of such cause or event. b) Independent Contractor. Each party is an independent contractor and employees of each party are not considered to be employees of the other party. No agency, partnership, joint venture or other joint relationship is created by this Agreement. The parties shall not make any commitments binding on the other or make any representation that they are acting for, or on behalf of, the other. Each party assumes full responsibility for the actions of its personnel while performing the Services and such party will be solely responsible for the supervision, daily direction, control of its personnel, and for the payment of all of their compensation and any taxes related thereto. c) Publicity. Neither party will use the name of the other party in publicity releases or similar activity without the consent of the other party, except Granicus may include Client’s name and logo in client list s and similar communications. d) Waiver. No waiver of any breach of any provision of this Agreement or the SOW by either party or the failure of either party to insist on the exact performance of any provision of this Agreement or the SOW will constitute a waiver of any prior, concurrent or subsequent breach of performance of the same or any other provisions hereof, and no waiver will be effective unless made in writing. e ) Notices. Other than routine administrative communications, which may be exchanged by the Parties via email or other means, all notices, consents, and approvals hereunder will be in writing and will be deemed to have been given upon: (i) personal delivery; (ii) the day of receipt, as shown in the applicable carrier’s s ystems, if sent via FedEx, UPS, DHL, or other nationally recognized express carrier; (iii) the third business day after sending by U.S. Postal Service, First Class, postage prepaid, return receipt requested; or (iv) sending by email, with confirmed receipt from the receiving party. Either Party may provide the other with notice of a change in mailing or email address in which case the mailing or email address, as applicable, for that Party will be deemed to have been amended. Client’s mailing and email address are as set forth in the Order. The mailing and email address of Granicus is as follows: Granicus Contracts 408 St. Peter Street, Suite 600, Saint Paul, MN 55102 granicus.com | info@granicus.com page 11 granicus.com (651) 757 -4154 contracts@granicus.com f) Severability. If any provision of this Agreement, Order, or SOW , or portion thereof, is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions of the Agreement, Order or SOW will remain in full force and effect. g ) Assignment. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided that either Party may assign this Agreement with reasonable notice to the other party to an affiliate or to a successor in interest resulting from acquisition of all, or substantially all, of the assigning party’s business by means of merger, stock or asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement will be null and void. h) Amendment. This Agreement may not be amended or modified except by a written instrument signed by authorized representatives of both Parties. i) Applicable Law. Each party will, at all times, exercise its rights and perform its obligations under this Agreement in compliance with all applicable law, rules, and regulations. j) Headings. The various section headings of this Agreement are inserted only for convenience of reference and are not intended, nor will they be construed to modify, define, limit, or expand the intent of the Parties. k) No Third-Party Beneficiaries. This Agreement is binding upon and insures solely to the benefit of the Parties hereto and their respective permitted successors and assigns; there are no third-party beneficiaries to this Agreement. 13. Governing Law. If Client is a public entity (a state or any agency or authority thereof, or county, city or town, public educational institution or other entity that serves a public purpose), this Agreement will be governed by and construed in accordance with the laws of the state in which the public entity is located, with venue being a court of competent jurisdiction within such state. If Client is the Federal government of the United States or any branch or agency thereof, this Agreement will be governed by the laws of the United States with venue being any Federal district court of competent jurisdiction. If Client is a private or commercial entity, this Agreement will be governed by the laws of the state of New York, without reference to the state’s conflict of law principles, with exclusive jurisdiction of the state and federal courts located in the borough of Manhattan, New York, New York. If Client is located in Canada, this Agreement will be governed by the laws of the Province of Ontario with suit brought only in the General Division of the Ontario Court of Justice. No applicable principals of conflicts of laws, imputed terms of the Uniform granicus.com | info@granicus.com page 12 granicus.com Commercial Code, or the United Nations Convention on contracts for the international sale of goods will apply to this Agreement. 14. Entire Agreement. This Agreement and Orders and SOWs governed by this Agreement constitutes the entire agreement between Granicus and Client, and supersedes all prior agreements, requests for proposals or pricing and the corresponding responses, understandings, representations or correspondence relevant to the subject matter hereof. Perpetual licenses granted to Client under prior agreements remain in full force and effect. Inconsistencies between documents will be resolved in the following order: (I) this Agreement; (ii) Orders and SOWs; (iii) all other purchase documents executed by the parties (except for any pre-printed or standard terms contained on purchase orders which shall have no force or effect); (iv) Granicus’ response to Client’s RFI, RFP, RFQ; and (v) Client’s RFI, RFP, RFQ. If Client issues a purchase order, Granicus hereby rejects any additional or conflicting terms appearing on the purchase order or any other ordering materials submitted by Client. Client has not been induced to enter into this Agreement or the SOW by any representations or promises not specifically stated herein. granicus.com | info@granicus.com page 1 granicus.com Professional Services Agreement This Professional Services Agreement (“Agreement) is effective as of the date a SOW (as defined below) commences (the “Effective Date”) by and between the party procuring Services from Granicus (“Client ”) and Granicus, LLC, a Minnesota Limited Liability Compan y (“Granicus ”). 1. Definitions. In addition to terms defined elsewhere in this Agreement, the following terms will have the meaning specified: “Content” means text, data, graphics, personal information or any other material: (i) displayed or published on Client’s website; (ii) provided by Client to Granicus to perform the Services; or (iii) uploaded into Granicus Products for use by Client or end users of the Granicus Products. “Deliverable(s)” means any computer software, writ ten documentation, reports or materials developed by Granicus specifically for Client pursuant to a SOW; “Granicus Products” means the products and subscription services licensed to Client under separate agreement which may include online or cloud subscription services, on premise software, or required equipment or hardware components in conjunction with which the Services set forth in the SOW may be performed; “Services” means the consulting, integration, installation and/or implementation services to be performed by Granicus as described in the SOW; “SOW” means the Statement of Work agreed to by the parties that references this Agreement and describes the Services and Deliverables; and “Warranty Period” means the thirty (30) day period following completion of the Services. 2. Services. a) Granicus will perform the Services in accordance with this Agreement and the SOW. Granicus is not obligated to provide any Services unless set out in the SOW . Unless otherwise set out in the SOW or as agreed to by the parties, Granicus will commence performance of the Services fifteen (15) business days following execution of the SOW and the Services will be performed remotely. Changes or delays in the work schedule originating with Client are subject to the project change procedure and may result in an increase in fees. b) For a time and materials engagement, Granicus estimates that the Services will be completed in approximately the number of hours set out in the SOW. Granicus does not represent, however, that the Services will be completed within the number of hours specified therein. Any estimates provided in the SOW, including expected hours to complete the Services and any timeline provided by Granicus, are based on known functional requirements and technical environments as of the effective date of the SOW. granicus.com | info@granicus.com page 2 granicus.com c) Granicus grants Client a non-exclusive, non-transferable, royalty-free, perpetual license to use the Deliverables on behalf of and for the benefit of Client independently and with the Granicus Products. Granicus retains all right, title and interest to the Deliverables except for those rights expressly granted to Client and reserves all rights not otherwise expressly granted herein. Deliverables and Services are deemed accepted upon deli very unless otherwise set forth in a SOW. d) Any modifications to the Services must be in writing and signed by authorized representatives of each party. The modifications may be set forth in a project change request or other document agreed to by the parties in writing. Granicus personnel performing Services at Client’s offices will comply with Client’s policies and procedures in effect at such location. e) Cooperative Purchasing. To the extent permitted by law and approved by Client, the terms of this Agreement may be extended for use by other municipalities, school districts and governmental agencies upon execution of SOW by the extended party. 3. Fees; Expenses. a) Client will pay Granicus the fees set out in the SOW or other executed order document (as applicable) for all Services performed by Granicus, and all taxes related thereto (if applicable). All fees are due within thirty (30) days of receipt of an invoice from Granicus or in accordance with Client’s prompt payment statutes. b) Billing Schedule. Fees will be invoiced to Client based on one of the following billing options, as indicated in the SOW: (i) Time and Materials: For engagement s with a time and materials billing schedule, invoices will be issued monthly in arrears as Services are performed, based on the hourly or daily rate set forth in the SOW or other executed order document. (ii) Fixed Cost: Invoices will be issued upon delivery of milestones, or in accordance with a billing schedule set forth in the SOW or other executed order document. c) Client will also pay for all reasonable travel-related and out-of-pocket expenses incurred by Granicus in the performance of the Services in accordance with Client’s travel and expense policy which will be provided to Granicus in writing (or Granicus’ policy if none is provided by Client) and which will be billed on a monthly basis and due thirty (30) days following date of invoice. d) Granicus will provide Client with a monthly project status report accounting for Services delivery and (if applicable) the number of hours of Services performed in the prior month, and the expenses incurred in performance of the Services. 4. Client Obligations. granicus.com | info@granicus.com page 3 granicus.com a) Client will provide any assistance reasonably required by Granicus to perform the Services, including timely review of plans and schedules for the Services and reasonable access to Client’s offices for Services performed onsite. b) Client will designate a project manager for the Services. The project manager will have the authority to make decisions on behalf of Client with respect to changes in the Services, resource allocation, expenditures, resolution of issues, scope changes and other matters involving the Services. c) Client will maintain a back -up of any data or data files provided to Granicus. d) Client will be responsible for securing all licenses for third party technology necessary for Granicus to perform the Services (including the right for Granicus to use such technology) and will be responsible for the performance of any third-party providing goods or services to Client related to the Services, including such third party’s cooperation with Granicus. 5. Warranty. a) The Services will be performed in a professional and workmanlike manner in accordance with generally accepted industry standards for the software consulting industry. Granicus will use reasonable commercial efforts to complete the Services in accordance with the SOW. If the Services fail to comply with this warranty during the Warranty Period, Client will promptly notify Granicus in writing specifying in reasonable detail any alleged non-conformities in the Services. Upon receipt of notice and a determination that the Services did fail to comply with this warranty, Granicus will, as Client’s remedy, promptly re-perform any such Services in accordance with the SOW and this Agreement. b) THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUS IVE AND GRANICUS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR COURSE OF PERFORMANCE. 6. Confidentiality. During performance of the Services, each party may receive Confidential Information of the other party. a) “Confidential Information” means all confidential and/or trade secret information of either party (“Disclosing Party”), including but not limited to: (i) Granicus’ Products; (ii) non-public information if it is clearly and conspicuously marked as “confidential” or with a similar designation at the time of disclosure; (iii) non-public information of the Disclosing Party if it is identified as confidential and/or proprietary before, during, or promptly after presentation or communication; and (iv) any information that should be reasonably understood to be confidential or proprietary given the nature of the information and the context in which disclosed , in each case that is disclosed to the other party (“Receiving Party”) or to which the Receiving Party gains access in connection with performance of the Services. granicus.com | info@granicus.com page 4 granicus.com b) Subject to applicable freedom of information or other similar law, the Receiving Party agrees: (i) to hold the Disclosing Party’s Confidential Information in strict confidence, apply at least the standard of care used by the Receiving Party in protecting its own Confidential Information, but not less than a reasonable standard of care, and not to disclose such Confidential Information to any third party; and (ii) without the written permission of the Disclosing Party, not to use any Confidential Information of the Disclosing Party except as reasonably required to exercise its rights or perform its obligations under this Agreement and the SOW. Each party agrees to cause its employees, subcontractors, agents and affiliates who require access to such information to abide by such obligations. c) The foregoing obligations do not apply to information that: (i) is already public or becomes available to the public through no breach of this Section 6; or (ii) was in the Receiving Party’s lawful possession before receipt from the Disclosing Party; or (iii) is lawfully received independently from a third party who is not bound by a confidentiality obligation; or (iv) is independently developed by or on behalf of the Receiving Party without use of any Confidential Information. d) If a Receiving Party is compelled to disclose the Confidential In formation by applicable law, a governmental agency, or a court of law having proper jurisdiction, the Receiving Party will give the Disclosing Party reasonable notice as permitted by law to enable such party to try to protect the confidentiality of the Confidential Information. e) Upon written request of the Disclosing Party, the Receiving Party agrees to promptly return or destroy all Confidential Information in its possession, and certify its destruction in writing, provided, however, that the Receiving Party may retain a copy of the returned or destroyed items for archival purposes in accordance with its records retention policies and subject to this Section 6. f) Disclosing Party may be irreparably damaged if the obligations under this Section 6 are not enforced and as such may not have an adequate remedy in the event of a breach by Receiving Party of its obligations hereunder. The parties agree, therefore, that Disclosing Party is entitled to seek, in addition to other available remedies, an inju nction restraining any actual, threatened or further breaches of the Receiving Party’s obligations under this Section 6 or any other appropriate equitable order or decree. 7. Indemnification. a) Granicus will indemnify, defend and hold Client, its officers, directors and employees, harmless from all losses, damages, and reasonable costs and expenses to the extent they arise out of a claim by a third party that the Deliverables or Services, as delivered by Granicus, infringe or misappropriate any copyright, trade secret, trademark or patent registered or valid within the country the Deliverables are authorized to be used. To the extent permitted by applicable law, Granicus will have control of the defense and will defend at its own expense, any claim or litigation to which this indemnity relates, including the right to settle any such claim. granicus.com | info@granicus.com page 5 granicus.com Client must notify Granicus promptly of any such claim and provide reasonable cooperation to Granicus, upon Granicus’s request and at Granicus’s cost, to defend such claim. Granicus will not agree to any settlement which requires acknowledgment of fault or an incurred liability on the part of an indemnified party not otherwise covered by this indemnification without the indemnified party’s prior consent. Client may elect to participate in the defense of any claim with counsel of its choosing at its own expense. b) If the Deliverables are subject to a claim of infringement or misappropriation, or if Granicus reasonably believes that the Deliverables may be subject to such a claim, Granicus will: (i) replace the Deliverables with a functional non-infringing equivalent; (ii) modify such Deliverables while retaining substantively equivalent functionality; or (iii) procure at no cost to Client the right to continue to use such Deliverables. If, however, Granicus determines that none of the foregoing alternatives are commercially reasonable, Granicus may terminate Client’s license to the Deliverables and Granicus will, as Client’s remedy, refund to Client the fees paid for such Deliverable. c) Granicus will have no obligation to defend or indemnify Client under this Section 7 if the infringement or misappropriation results from: (i) modifications to the Deliverables by anyone other than Granicus; (ii) combination, operation, or use of the Deliverables with Client’s equipment or non- Granicus software programs, or any use of Client Content by Granicus or the Deliverables, if such claim of infringement or misappropriation would have been avoided had such combination, operation or use not occurred; (iii) Client’s failure to implement modifications (which if delivered to Client expressly to avoid infringement, will be delivered at no additional cost to Client and which will provide substantially the same functionality as the infringing or potentially infringing Deliverables); or (iv) Services performed or Deliverables developed at the direction of Client, where Client specifies the means, manner or method of performing the Services or developing the Deliverab les and to the extent Granicus did not exercise its independent judgment and discretion in performing the Services or developing the Deliverables. 8. Limitation of Liability. a) EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE L AW, UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR ANY: (I) SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; OR (II) LOSS OR DAMAGE TO DATA, LOST PROFITS, SALES, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, WHETHER AN ACTION IS IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. b) IN NO EVENT, EXCEPT FOR CLIENT’S OBLIGATIONS TO PAY AMOUNTS DUE UNDER THE SOW, OR GRANICUS’ INDEMNI FICATION OBLIGATIONS SET FORTH IN SECTION 7 (INDEMNIFICATION), WILL EITHER PARTY’S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT (IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE) EXCEED THE AMOUNT OF FEES PAID BY granicus.com | info@granicus.com page 6 granicus.com CLIENT TO GRANICUS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM. 9. Term of Agreement. a) This Agreement and the SOW will be effective as of the effective date of the SOW an d will remain in effect until the Services are completed, this Agreement is terminated, or the termination date set out in the SOW (the “Termination Date”), whichever is later. If no specific Termination Date is designated in the SOW, Client may terminate the SOW and this Agreement upon thirty (30) days written notice to Granicus. b) Either party may terminate this Agreement and any SOW immediately upon written notice to the other party for cause, if: (i) such party is in breach of a material provision of this Agreement or the SOW and fails to cure such breach within thirty (30) days following written notice of such breach; or (ii) the other party ceases to conduct business in its ordinary course; is adjudged bankrupt or insolvent under applicable law; has made a general assignment for the benefit of creditors; files or becomes subject as a debtor to a petition in bankruptcy for liquidation or reorganization; becomes otherwise insolvent; or admits its inability to pay its debts generally as they become due. c) Upon the effective date of termination of this Agreement or the SOW , Granicus will cease performance of the Services. Client will pay Granicus for all Services performed prior to the date of termination plus any additional fees that may be due under the SOW . For Services performed on a fixed-cost basis, should the SOW be terminated prior to delivery of any milestone or Deliverable, Client will pay Granicus at the hourly rate for all Services performed up to the date of termination as set forth in the SOW. If no hourly rate is designated, Client will pay Granicus’ then standard hourly rate for such Services. d) Sections 3 (Fees, Expenses), 5(b) (Warranty), 6 (Confidentiality), 7 (Indemnification), 8 (Limitation of Liability), 9 (Term of Agreement), 13 (General) and 14 (Applicable Law) will survive termination of this Agreement indefinitely or to the extent set out therein. 10. Force Majeure. Except for Client’s payment obligations, neither party is responsible from any delay or failure to perform resulting from causes beyond its reasonable control. 11. Independent Contractor. Each party will act as an independent contractor and employees of each party will not be considered to be employees of the other party. No agency, partnership, joint venture or other joint relationship is created by this Agreement. Neither party may make any commitments binding on the other, nor may either party make any representation that they are acting for, or on behalf of, the other. Each party assumes full responsibility for the actions of its personnel while performing the Services and such party will be solely responsible for the granicus.com | info@granicus.com page 7 granicus.com supervision, daily direction, control of its personnel, and for the payment of all of their compensation and any taxes related thereto. 12. Publicity. Neither party will use the name of the other party in publicity releases or similar activity without the consent of the other party, except Granicus may include Client’s name in client list. 13. General. a) No waiver of any breach of any provision of this Agreement or the SOW by either party or the failure of either party to insist on the exact performance of any provision of this Agreement or the SOW will constitute a waiver of any prior, concurrent or subsequent breach of performance of the same or any other provisions hereof, and no waiver will be effective unless made in writing. b) Any notice alleging a breach of this Agreement must be in writing and be sent by overnight courier or delivered in person to the party’s address set forth in this Agreement, the SOW or as provided to the other party in writing. Any other notice required to be provided by Granicus under this Agreement may be sent by postal mail service or e-mail to the individual designated by Client. Client’s mailing and email address are as set forth in the SOW. The mailing and email address of Granicus is as follows: Granicus Contracts 408 St. Peter Street, Suite 600, Saint Paul, MN 55102 (651) 757 -4154 contracts@granicus.com c) If any provision of this Agreement or the SOW, or portion thereof, is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions of the Agreement or SOW will remain in full force and effect. d) Client agrees not to export, re-export, or provide the Deliverables to: (i) any country to which the United States has embargoed goods; (ii) any person on the U.S. Treasury Department’s list of Specially Designated Nationals; (iii) any person or entity on the U.S. Commerce Department’s Denied Persons List; or (iv) any person or entity where such export, re-export or provision violates any U.S. Export control or regulation. granicus.com | info@granicus.com page 8 granicus.com e) Neither Party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided, however, that either Party may assign this Agreement with reasonable notice to the other party to an affiliate or to a successor in interest resulting from acquisition of all, or substantially all, of the assigning p arty’s business by means of merger, stock or asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement will be null and void. f) This Agreement may not be amended or modified except by a written instrument signed by authorized representatives of both Parties. 14. Applicable Law. If Client is a public entity (a state or any agency or authority thereof, or county, city or town, public educational institution or other entity that serves a public purpose), this Agreement will be governed by and construed in accordance with the laws of the state in which the public entity is located, with venue being a court of competent jurisdiction within such state. If Client is the Federal government of the United States or any branch or agency thereof, this Agreement will be governed by the laws of the United States with venue being any Federal district court of competent jurisdiction. If Client is located in Canada, this Agreement will be governed by the laws of the Province of Ontario with suit brought only in the General Division of the Ontario Court of Justice. No applicable principals of conflicts of laws or the United Nations Convention on contracts for the international sale of goods will apply to this Agreement. 15. Entire Agreement. This Agreement and the SOWs and purchasing documents governed by this Agreement constitutes the entire agreement between Granicus and Client, and supersedes all prior agreements, requests for proposals or pricing and the corresponding responses, understandings, representations or correspondence relevant to the subject matter hereof. Inconsistencies between documents will be resolved in the following order: (i) this Agreement; (ii ) SOWs; (iii) all other purchase documents executed by the parties (except for any pre-printed or standard terms contained on purchase orders); (iv) Granicus’ response to Client’s RFI, RFP, RFQ; and (v) Client’s RFI, RFP, RFQ. If Client issues a purchase order, Granicus hereby rejects any additional or conflicting terms appearing on the purchase order or any other ordering materials submitted by Client. Client has not been induced to enter into this Agreement or the SOW by any representations or promises not specifically stated herein. The SOW will be signed by authorized representatives of Granicus and Client or be incorporated and referenced into a legally b inding document between the parties. granicus.com | info@granicus.com page 1 granicus.com govDelivery/Communications Cloud/Granicus Government Experience Cloud. a. Contact information (including personal information) of subscribers to Client’s communication network provided to Granicus by Client or gathered through Client’s own web properties or activities are “Direct Subscriber” contacts and will remain the property of Client (“Direct Subscriber”). Granicus will not disclose Direct Subscriber data except as required by law, or to third parties solely as necessary to operate the Granicus Products. b. govDelivery , a Granicus Product, offers Direct Subscribers the op portunity to subscribe to digital communications offered by other Granicus clients (the “Advanced Network”). When a Direct Subscriber registers on the Advanced Network, that subscriber is a “Network Subscriber” to the agency it subscribed to through the Ad vanced Network. c. Network Subscribers are not Direct Subscribers and are only available for use while Client is under an active govDelivery subscription. Network Subscribers will not transfer to Client upon termination of Client’s subscription, and Client must delete all information related to Network Subscribers within fifteen (15) days of expiration or termination of Client’s access to the Advanced Network. Client is permitted to send an email inviting Network Subscribers to subscribe to updates direct ly from Client in the last ten (10) days of Client’s subscription term. Network Subscribers that do not engage with Client directly will not be included in any subscriber list provided to Client upon conclusion of Client’s subscription. Version May 2022 granicus.com | info@granicus.com page 1 granicus.com OpenCities: Acceptable Use Policy This Acceptable Use Policy applies to anyone who uses our SaaS and is a condition of a Local Government’s Contract with us. Failure to to adhere to this policy may result in suspension or termination of your account. If you have accepted our SaaS Agreement on behalf of your organization, then this Acceptable Use Policy will apply to all users of the SaaS in or on behalf of your organization. Our SaaS must not be used to: • abuse, menace, harass, intimidate or stalk anyone; • break the law or allow another person to break the law; • damage property including intellectual property; • injure anyone; • mislead or deceive anyone including the creation of ‘spoof’ websites; • facilitate the commission of a tort, or breach of contract; • allow for the misuse of anyone’s confidential information; • misuse or allow for the misuse of anyone’s personal information, sensitive information or health information; • facilitate or engage in any act or omission which is in contravention of the Spam Laws; • deceive or manipulate (or allow anyone else to) our billing systems or any part of our network; • interfere with someone else’s computer without their permission; • allow a minor to view or access material which is inappropriate (or not classified for minors) for minors including pornography; • send or distribute any virus, worm, trojan or other malicious code; • send alter or create an electronic message (including spoofin g) to conceal the true identity of the person from whom it originates; • control or contribute to a Denial of Service attack; • publish content which is obscene or offensive; granicus.com | info@granicus.com page 2 granicus.com • publish content which is defamatory or potentially defamatory; • publish content which is likely to incite sexual, religious or racial hatred, violence, discrimination or vilification. The prohibited uses listed above are in addition to and not instead of those contained in your OpenCities SaaS agreement. granicus.com | info@granicus.com page 1 granicus.com OpenCities: Accessibility Statement Our commitment to access for all OpenCities is committed to helping government transform their digital customer experience. That means supporting government to make their digital content and services accessible and usable by everyone. This is our commitment to accessibility, a web that everyone ca n access. When you use the OpenCities platform, you can rest assured that all functionality is thoroughly tested against the latest accessibility guidelines and standards (with both automated tools and specialist manual checks). The standards we follow The Web Content Accessibility Guidelines (WCAG) are a set of criteria to help make web technologies and web content more accessible. Following these guidelines makes content accessible to a wider range of people with disabilities, including blindness and low vision, deafness and hearing loss, learning disabilities, cognitive limitations, limited movement, speech disabilities, photosensitivity, and combinations of these. Employing accessibility best practices also improves the user experience of all users. The OpenCities platform meets WCAG 2.1 Level AA. A Statement of Accessibility can be found under Voluntary Product Accessibility Template below. This provides the capability for our customer sites to meet WCAG 2.1 Level AA. We encourage all customers to reach that level, and actively do our best to support those efforts with our customers. In publishing websites of our own (such as this one) we strive to meet WCAG 2.1 Level A. Voluntary Product Accessibility Template For a breakdown of how the OpenCities platform complies with accessibility standards, please refer to our Voluntary Product Accessibility Template (VPAT) document. Your feedback We welcome all feedbac k and questions on the accessibility of our web sites, content, products, and implementations. granicus.com | info@granicus.com page 2 granicus.com If you experience any barriers so accessing anything we publish or in using our products, please get in contact with us. We can help you get the information you are looking for and will commit to doing all we can to address any underlying roadblocks on our end. “Voluntary Product Accessibility Template” and “VPAT” are registered service marks of the Information Technology Industry Council (ITI) Page 1 of 6 OpenCities Accessibility Conformance Report WCAG Edition (Based on VPAT® Version 2.4) Name of Product: The OpenCities platform comprising: • OpenCities (Version 1) • OpenCities Intranet (Version 1) • OpenForms (Version 3). Report Date: 7th September 2020 Product Description: Built with and for governments, OpenCities provides the website and forms functionality modern governments need to transform their digital customer journey, without custom coding. OpenCities enables Governments of every size deliver world-class digital experiences, by re-imagining how councils procure, deliver, and evolve their website & online services. Contact Information: North America 1314 22nd Avenue, #697 San Francisco, CA 94122 hello@opencities.com +1 877-466-7756 Australia Level 8, 50 Market Street, Melbourne VIC 3000 Australia hello@opencities.com +61 3 9913 0020 Page 2 of 6 Notes: The accessibility evaluation was carried out in collaboration and testing from industry leader and long-term accessibility partner, Vision Australia Digital Access. Components evaluated The following components have been evaluated: 1. All public-facing web components powering Web sites, Intranets, and Forms, comprising a. Page structure, navigation, and other theming components produced by the OpenCities theming engine b. All modules available to publish on a home page c. All content modules available to publish on general pages such as tabs, accordions, videos, and image galleries d. Rich content templates powering dedicated content types such as events, calendars, development applications, venues, businesses, landing pages, job advertisements, departments, blogs, news, consultations, glossaries, lost animal, meetings, parks, staff profiles, works and projects, public notices, initiatives, services e. User-contributed content including business directory interfaces and in page discussion forums f. Emergency notifications g. Interactive maps and all included spatial data h. Site search and search results i. Authentication screens 2. All forms and digital service components, comprising: a. Baseline form elements such as Text, Number, Dropdown, Checkbox, Radio button, Date, Email, and Rank inputs b. Advanced form elements such as File upload, Calculation, Signature, Location, Payment, Radio matrix, Check matrix, Fieldset inputs, and displays c. Layout and content components such as Heading, Paragraph, Section, Content, List, Image, Video elements, and confirmation pages d. Form navigation components such as save for later, back, next and submit buttons Further commitment to accessibility Page 3 of 6 OpenCities is committed to making digital services accessible for everybody. Our commitment does not stop at the code that our product produces out of the box. OpenCities guide all of our custom implementations and theming activities to meet strict Web Content Accessibility Guidelines (WCAG) 2.1 AA compliance. Should a user find difficulty in using our administration interfaces due to an accessibility issue, OpenCities will make all endeavors to isolate and help resolve the issue. Testing environment Initial testing was carried out on October 2019 with full compliance of the same environment reached in September 2020. Evaluation Methods Used: The OpenCities platform has been evaluated against the WCAG 2.1 specification on Windows 10 including but not limited to the latest versions of Chrome and Firefox, the browsers most commonly used with assistive technology. Evaluation has been carried out above and beyond that which is possible using automated testing technologies. In line with Internationally recognized Website Accessibility Conformance Evaluation Methodology (WCAG-EM), testing has been carried out using the same assistive technologies and navigation mechanisms that those with accessibility needs use. This manual and has been carried out across a wide sample set of all of the componentry and page layouts that the OpenCities platform is capable of producing. OpenCities has arrived at full compliance of the platform as indicated in the report below through this combination of automated pull page testing and manually sampled testing. The auditing procedure included: • Assessing the mark-up and visual design of pages • Evaluating functionality provided for mouse users to establish the full range of functionality available • Checking for issues using browser-based tools including the browser code inspection tools, in-house evaluation tools, the Vision Australia Web Accessibility Toolbar, and Colour Contrast Analyser • Evaluating keyboard access and functionality • Testing a sample of pages or design elements using JAWS 2018 with Chrome and/or NVDA with Firefox • Testing a sample of pages or design elements using VoiceOver with Safari on iOS and/or TalkBack with Chrome on Android • Evaluating potential design conflicts with ZoomText 2019 and IE11 • Analyzing and testing appropriate solutions for the identified issues Applicable Standards/Guidelines This report covers the degree of conformance for the following accessibility standard/guidelines: Page 4 of 6 Standard/Guideline Included In Report Web Content Accessibility Guidelines 2.1 Level A (Yes) Level AA (Yes) Level AAA (No) Terms The terms used in the Conformance Level information are defined as follows: • Supports: The functionality of the product has at least one method that meets the criterion without known defects or meets with equivalent facilitation. • Partially Supports: Some functionality of the product does not meet the criterion. • Does Not Support: The majority of product functionality does not meet the criterion. • Not Applicable: The criterion is not relevant to the product. • Not Evaluated: The product has not been evaluated against the criterion. This can be used only in WCAG 2.0 Level AAA. WCAG 2.1 Report Table 1: Success Criteria, Level A Notes: Issue numbers refer to accessibility audit of Criteria Conformance Level Remarks and Explanations 1.1.1 Non-text Content (Level A) Supports No issues identified 1.2.1 Audio-only and Video-only (Prerecorded) (Level A) Supports No issues identified 1.2.2 Captions (Prerecorded) (Level A) Supports No issues identified 1.2.3 Audio Description or Media Alternative (Prerecorded) (Level A) Supports No issues identified 1.3.1 Info and Relationships (Level A) Supports No issues identified 1.3.2 Meaningful Sequence (Level A) Supports No issues identified 1.3.3 Sensory Characteristics (Level A) Supports No issues identified 1.4.1 Use of Color (Level A) Supports No issues identified 1.4.2 Audio Control (Level A) Supports No issues identified 2.1.1 Keyboard (Level A) Supports No issues identified 2.1.2 No Keyboard Trap (Level A) Supports No issues identified 2.1.4 Character Key Shortcuts (Level A 2.1 only) Supports No issues identified 2.2.1 Timing Adjustable (Level A) Supports No issues identified 2.2.2 Pause, Stop, Hide (Level A) Supports No issues identified 2.3.1 Three Flashes or Below Threshold (Level A) Supports No issues identified Page 5 of 6 2.4.1 Bypass Blocks (Level A) Supports No issues identified 2.4.2 Page Titled (Level A) Supports No issues identified 2.4.3 Focus Order (Level A) Supports No issues identified 2.4.4 Link Purpose (In Context) (Level A) Supports No issues identified 2.5.1 Pointer Gestures (Level A 2.1 only) Supports No issues identified 2.5.2 Pointer Cancellation (Level A 2.1 only) Supports No issues identified 2.5.3 Label in Name (Level A 2.1 only) Supports No issues identified 2.5.4 Motion Actuation (Level A 2.1 only) Supports No issues identified 3.1.1 Language of Page (Level A) Supports No issues identified 3.2.1 On Focus (Level A) Supports No issues identified 3.2.2 On Input (Level A) Supports No issues identified 3.3.1 Error Identification (Level A) Supports No issues identified 3.3.2 Labels or Instructions (Level A) Supports No issues identified 4.1.1 Parsing (Level A) Supports No issues identified 4.1.2 Name, Role, Value (Level A) Supports No issues identified Table 2: Success Criteria, Level AA Criteria Conformance Level Remarks and Explanations 1.2.4 Captions (Live) (Level AA) Supports No issues identified 1.2.5 Audio Description (Prerecorded) (Level AA) Supports No issues identified 1.3.4 Orientation (Level AA 2.1 only) Supports No issues identified 1.3.5 Identify Input Purpose (Level AA 2.1 only) Supports No issues identified 1.4.3 Contrast (Minimum) (Level AA) Supports No issues identified 1.4.4 Resize text (Level AA) Supports No issues identified 1.4.5 Images of Text (Level AA) Supports No issues identified 1.4.10 Reflow (Level AA 2.1 only) Supports No issues identified 1.4.11 Non-text Contrast (Level AA 2.1 only) Supports No issues identified 1.4.12 Text Spacing (Level AA 2.1 only) Supports No issues identified 1.4.13 Content on Hover or Focus (Level AA 2.1 only) Supports No issues identified 2.4.5 Multiple Ways (Level AA) Supports No issues identified 2.4.6 Headings and Labels (Level AA) Supports No issues identified 2.4.7 Focus Visible (Level AA) Supports No issues identified 3.1.2 Language of Parts (Level AA) Supports No issues identified 3.2.3 Consistent Navigation (Level AA) Supports No issues identified 3.2.4 Consistent Identification (Level AA) Supports No issues identified 3.3.3 Error Suggestion (Level AA) Supports No issues identified 3.3.4 Error Prevention (Legal, Financial, Data) (Level AA) Supports No issues identified 4.1.3 Status Messages (Level AA 2.1 only) Supports No issues identified Page 6 of 6 Disclaimer © 2020 OpenCities. The information provided in this document represents the views of OpenCities based on the accessibility report produced by Vision Australia and the VPAT Version 2.4 published by the Information Technology Industry Council. The information does not represent the views of Vision Australia. OpenCities strives to ensure the accuracy of this information in an ongoing manner after the date of publication. This report is provided “as is” for informational purposes only. granicus.com | info@granicus.com page 1 granicus.com OpenForms: Acceptable Use Policy What this policy covers This policy covers actions which may adversely affect our Services in any way. If you do something that isn't listed in this policy, but is similar to something listed we may still take action to address it. Failure to comply with this policy may result in termination of Services to you. Basically, we need you not to misuse or abuse our products and services. "Services" refers to our websites, products and any services we may supply to you. "Content" refers to any information, data, text, software, code, sc ripts, music, sound, photos, graphics, videos, messages, tags, interactive features, or other materials that you post, upload, share, submit, or otherwise provide in any manner to the services and any other materials, content, or data you provide to OpenForms or use with the Services. Things which must not be done Service disruption • Compromising the integrity of our systems in any way including probing, scanning, or testing the vulnerability of any system or network that hosts our services • Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data • Modifying, disabling, or compromising the integrity or perform ance of the services or related systems, network or data • Deciphering any transmissions to or from the servers running the services • Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.), such as: • Using "robots", "spiders", "offline readers", or other automated systems to sends more request messages to our servers than a human could reasonably send in the same period of time by using a normal browser granicus.com | info@granicus.com page 2 granicus.com • Consuming an unreasonable amount of storage for music, videos, pornography, etc., in a way that's unrelated to the purposes for which the services were designed Wrongful activities • Misrepresentation of yourself, or disguising the origin of any content (including by "spoofing", "phishing", manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with OpenForms or any third party) • Using the services to violate the privacy of others, including publishing or posting other people's private and confidential information without their express permission, or collecting or gathering other people's personal information (including account names or information) from our services • Using our services to stalk, harass, or post direct, specific threats of violence against others • Using the Services for any illegal purpose, or in violation of any laws (including without limitation data, privacy, and export control laws) • Accessing or searching any part of the services by any means other than our publicly supported interfaces (for example, "scraping") • Using meta tags or any other "hidden text" including OpenForms or our suppliers product names or trademarks Inappropriate communications • Using the services to generate or send unsolicited communications, advertising, chain letters, or spam • Soliciting our users for commercial purposes, unless expressly permitted by OpenForms • Disparaging OpenForms or our partners, vendors, or affiliates • Promoting or advertising products or services other than your own without appropriate authorization Uploading or submitting inappropriate content • You will not in any way provide content that: granicus.com | info@granicus.com page 3 granicus.com • Infringes OpenForms or a third party's intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right • You don't have the right to submit • Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement, including the National Center for Missing and Exploited Children), indecent, harassing, hateful • Encourages illegal or tortious conduct or that is otherwise inappropriate • Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition • Contains viruses, bots, worms, scripting exploits, or other similar materials • Is intended to be inflammatory • Could otherwise cause damage to OpenForms or any third party Without affecting any other remedies available to us, OpenForms may permanently or temporarily terminate or suspend a subscription or users account without notice or liability if OpenForms (in its sole discretion) determines that a user has violated this Acceptable Use Policy. granicus.com | info@granicus.com page 1 granicus.com OpenForms: Terms of Use Thanks for using OpenForms to replace PDFs and other old form technologies with our beautiful, responsive, accessibility compliant web based forms for websites and intranets. Your use of OpenForms is subject to the terms and conditions contained in this document as well as the Granicus Privacy Policy and OpenForms Acceptable Use Policy (collectively, the “Terms”). These Terms may be updated from time to time and are available at https://www.granicus.com/Legal/licensing . By creating an account in OpenForms you accept the Terms. These Terms come into effect immediately after the successful creation of your subscription. If you are an individual and you are accepting these Terms on behalf of an organisation, you represent that you are authorized to do so on behalf of that organisation. In such case, “you” and “your” will refer to that organisation, otherwise it refers to you as an individual and you enter into the Terms yourself. 1. Pricing and Payments 1.1. OpenForms Pricing. Granicus may from time to time adjust the prices and introduce additional modules. If your subscription is an enterprise agreement, your pricing will be included as an appendix to this agreement. If your subscription is affected by a change in pricing, you will be notified at least three (3) months prior to the change taking effect. 1.2. Invoices and Payment Terms. Granicus will make available detailed invoices to you in respect of any applicable fees on a monthly or annual basis depending on your chosen plan. You agree to pay the amount specified in each invoice upon receipt. Accounts thirty (30) days past due are subject to suspension or cancellation. Fees paid by you are non-refundable, except as provided in these Terms or when required by law. 1.3. Payment Method. Granicus accepts payments (each, a Payment Method) via a valid credit card such as Visa, MasterCard or American Express for all subscriptions. Enterprise subscriptions may be paid via direct bank deposit or wire transfer as per instructions on Enterprise invoices. The Payment Method you first specify when you set up your subscription will be set as the Payment Method for your subscription. You may change the Payment Method using the management tools available within OpenForms. If the Payment Method is credit or debit card, you agree that the submission of credit or debit card information to OpenForms will constitute your granicus.com | info@granicus.com page 2 granicus.com authorisation for Granicus to charge all applicable fees and charges to the specified credit or debit card. 1.4. Taxes. You will pay any sales, value-added or other similar taxes imposed by applicable law that Granicus must pay associated with the sale of OpenForms, except for taxes based on Granicus income. 2. Privacy 2.1. Privacy. The parties will, in performing their respective obli gations under these Terms, comply with Australia's Privacy Act 1988 (Cth) (the Act), and neither party will put the other in breach of the Act. In the course of using OpenForms, you may submit content to OpenForms (including your personal information and the personal information of others) or third parties may submit content to you through OpenForms (your Content). Where you submit personal information of third parties to OpenForms, you must: (a) ensure that you are entitled to transfer the relevant personal information to Granicus so that Granicus may lawfully use, process and transfer the personal information in accordance with Granicus Privacy Policy; and (b) ensure that the relevant third party has been informed of, and has given their consent to, such u se, processing and transfer of the personal information as required by all applicable privacy laws. 2.2. Privacy Policy. Granicus Privacy Policy details the manner in which we treat your Content and personal information and describes the key features of how we protect your personal information. We agree to adhere to the Privacy Policy located at https://www.granicus.com.au/Privacy-Policy. You agree that Granicus may use and share your Content in accordance with our Privacy Policy. 2.3. Confidentiality. Granicus will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our Privacy Policy). Your Content is not considered to be confidential information if such Content: (a) is publicly available through no fault of Granicus; or (b) was rightfully received by Granicus from a third party without restriction and without breach of an obligation of confidentiality. Granicus may disclose your Content when required by law. 2.4. Security. Granicus aims to comply with established industry practice in relation to your Content security. We utilise Microsoft Azure cloud services which have been independently tested to comply with numerous governmental certifications globally, including IRAP in Australia and COS 1, 2 & 3 in the USA. OpenForms is also independently undergoing IRAP, ISO27001 and PCI DSS compliance certification processes. 3. Your Content granicus.com | info@granicus.com page 3 granicus.com 3.1. You Retain Ownership of Your Content. You retain all right, title and inter est (including any intellectual property rights) in and to your Content. Granicus does not claim ownership over any of your Content. 3.2. Limited License to Your Content. You grant Granicus a limited, non -exclusive, royaltyfree, non-transferable license to host, reproduce, transmit, cache, store, exhibit, publish, display, distribute, perform, and otherwise use your Content solely as necessary to provide OpenForms to you and as otherwise permitted by Granicus Privacy Policy. 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Box 811 Ames, IA 50010 www.CityofAmes.org City Clerk’s Office To: Mayor and Members of the City Council From: Donald E. Kom, Electric Services Date: September 26, 2023 Subject: Reconsider Resolution No. 23-482 On September 12, 2023, Council approved a contract with Power System Engineering, Inc, for Professional Consulting Services for the Development of Advanced Metering Infrastructure for the City in the amount not to exceed $109,365 (Prior CAF attached). This approval was prior to the travel expense negotiations being finalized. The travel expenses of $10,575 need to be included in the total cost of the contract for a revised amount not-to-exceed $119,940. The additional funding for this project will come from the Advanced Metering Infrastructure project in the FY 2023/24 CIP. Because this item was approved at the last regular City Council meeting, it is possible for the City Council to: 1) pass a motion to reconsider the approval, then 2) approve a contract with the revised amount not-to-exceed $119,940. Therefore, staff is requesting the Council to take these two actions. Item No. 36 1 ITEM # __16___ DATE: 09/12/23 DEPT: ELECTRIC COUNCIL ACTION FORM SUBJECT: AWARD CONTRACT FOR PROFESSIONAL CONSULTING SERVICES FOR THE DEVELOPMENT OF ADVANCED METERING INFRASTRUCTURE (AMI) BACKGROUND: The current metering used by Electric Services for its customers are digital meters that provide the total amount of energy used over a given time period. These meters require a person to travel within the vicinity of the meter on a monthly basis. The to tal energy used during that month is collected and the Electric customer’s bill is determined based on the monthly amount. With a more advanced metering system significant benefits can be realized in the areas of system outage notification, mid-month meter reads, time-of- use rates, demand side management improvements, feeder loading studies and remote connects/disconnects. Due to the growing energy demand by electric customers and recent targets that have been initiated in the Climate Action Plan, a need for more real-time metering of energy usage is warranted. The Electric Department staff has determined the need to move to an Advanced Metering Infrastructure (AMI) system that will allow for more real time and granular metering of electricity use and provide 2-way communication between the utility and the customer. The results of an in-progress Electric Rate Design study and the needs identified to comply with the Climate Action Plan are the driving force behind the de velopment of an AMI system to benefit the City Utilities in load forecasting, development of time-of-use rate capabilities, EV charging during off -peak times, solar production measurements, simplified meter reading, move-in/move-out reads and non-payment disconnects. The 2 way communication will bring new opportunities for demand response programs to reduce peak demand. A consultant with AMI expertise is needed to work with staff to define system requirements. The consultant will lead in the development of system specifications for the Advanced Metering Infrastructure (AMI) to be utilized by the Electric Services Department, Water and Pollution Control Department, and Utility Customer Services Division. The scope of services for the AMI consultant includes the following: 2 Phase 1: Needs assessment, cost analysis, analysis of potential infrastructures and device manufacturers, create a business plan for phasing and de ployment of the AMI project. Phase 2: Creation of technical specifications, identify key vendors for the Request for Proposal, provide analysis of the proposals received, perform reference checks and report finding to the AMI Project Team. The consultant will also provide contract support with the selected vendor and ongoing project management through initial infrastructure, software and hardware installation. On May 24, 2023, the City issued a Request for Proposals (RFP) through AmesBids, the City’s electronic bidding system. Thirty-one firms viewed the RFP opportunity. On June 20, 2023, staff received competitive proposals from twelve firms with eight responsive submissions. An evaluation committee consisting of staff from Electric Services, Water Pollution and Control and Finance reviewed the proposals. Below is a summary of the consultants, score, rank, and fee proposal. Consultants Score Rank Fee Proposal Power System Engineering, Inc, Madison, WI 3135 1 $109,360 Burns & McDonnell Engineering Company, Inc (1898 & Co), Kansas City, MO 2860 2 $141,775 Quanta Technology, Raleigh, NC 2731 3 $184,630 E Source Companies LLC, Boulder, CO 2620 4 $445,304 Black & Veatch Management Consulting, LLC, Overland Park, KS 2460 5 $443,812 Util-Assist Inc., Newmarket, ON 2444 6 $204,500 TMG Utility Advisory Services, Inc, Buda, TX 2378 7 $342,700 SL-serco, Inc, Minneapolis, MN 2018 8 $515,862 EnerNex, LLC, Knoxville, TN Non-Responsive EnTrust Solutions Group, Warrenville, IL Non-Responsive The Shpigler Group, Atlanta, GA Non-Responsive Toth & Associates, Inc, Springfield, MO Non-Responsive The evaluation committee evaluated and scored all the proposals based on the following: • Proposal methodology that demonstrates the ability to meet the scope of work. • Prior experience and demonstrated technical capability • Compliance with the RFP requirements 3 • Timely completion of the scope of services • Pricing The maximum possible score, combining all 8 evaluators was 4000. The knowledge and experience related scores represented 80% of the overall score, and proposed fees accounted for 20%. The evaluation team invited the top two consultants for interviews. The consultants were asked to provide a brief presentation introducing their team members, their roles and demonstrate their understanding of the scope of services. Interviews were evaluated by 7 evaluators based on: • Clear understanding of the project and scope of services • Knowledge & relevant experience in establishing an AMI system in a size of our community • Communication style, methods, and process • Completeness of addressing our questions during the interview • Interest in the project As with the proposal scoring, each criterion was weighted and give a scor e. The combined scores of the written proposals, interviews and references resulted in the following ranking. Consultants Score Rank Power System Engineering, Inc, Madison, WI 5995 1 Burns & McDonnell Engineering Company, Inc (1898 & Co), Kansas City, MO 5350 2 Based on these criteria, Power System Engineering was selected as the consultant that best meets the requirements of the development of the AMI infrastructure. Power System Engineering was the top ranked firm after the initial evaluation of their technical proposal and cost structure. They solidified themselves as the top choice during the interview and presentation stage by showing the evaluation committee their experience and knowledge in AMI consulting and RFP development. The committee felt that they were the consultant that would best keep the City’s interests as their top priority to make sure the vendor complies with contracts as the system are procured and installed. Funding for this project will come from the Advanced Metering Infrastructure project in the CIP, $100,000 from FY 2022/23 and $9,360 will come from FY 2023/24. ALTERNATIVES: 1. Award a contract to Power System Engineering, Inc of Madison, WI to conduct Phases 1 & 2 of AMI consulting for the City’s Electric Utility in the amount not to exceed $109,365. 4 2. Award a contract to one of the other consultants. 3. Direct staff to review other alternatives for developing the AMI Infrastructure for the City’s Electric and Water Utilities. 4. Postpone conducting the development of the AMI Infrastructure at this time. CITY MANAGER’S RECOMMENDED ACTION: Development of a modern metering infrastructure will benefit the electric and water utilities in significant areas and provide customer service access to real-time billing information. Having an AMI Consultant work with staff to better define electric and water utility needs and develop abiding material, is the first step in having an AMI system that will be an effective tool to develop customer-based programs that reduce outages, limit peaks and enhance services to the city ratepayers. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No.1, as described above. 1 ITEM # __37___ DATE: 09-26-23 DEPT: P & R__ COUNCIL ACTION FORM SUBJECT: DONATION OF PROPERTY LOCATED AT 1000 JARRETT CIRCLE BACKGROUND: The property owners of the residential lot at 1000 Jarrett Circle, Herman Quirmbach Leigh Tesfatsion, have offered to donate this property to the City of Ames. Attachment A provides more detail regarding the donation offer. The lot is 0.60 acres and has an assessed value of $78,500 according to the City Assessor’s Office. However, according to the owner’s, the lot was purchased for $110,000 in 2013. The owner’s have two stipulations attached to this donation: 1. The City would incorporate the lot in question as part of the Emma McCarthy Lee Park and Munn Woods greenbelt and it would remain in its undeveloped natural state in perpetuity. 2. The City would agree not to install or develop at 1000 Jarrett Circle any formal entrance to the greenbelt area (e.g., through signage, creation of a marked path, or similar) for a period of twenty years or until the date at which both Quirmbach and Tesfatsion have vacated their residence at 1002 Jarrett Circle, whichever date comes first. This property is shown in Attachment B as a close-up of the property and in Attachment C as it relates to the overall relationship to Emma McCarthy Lee Park and Munn Woods. Attachment C also shows existing access points to the park and woods. Staff is always excited when property owners desire to donate property to be included in the park system. The question when a donation is presented is whether it makes sense for the City to accept the property. In this case, staff believes it makes sense for the following reasons: 1. The property is adjacent current park land 2. The property is being donated so there is no cost to purchase 3. The property is free of any man-made structures or remnants of any structures (clean and green) 4. It will provide a convenient access point to the park and woods in the future for those living in the area 2 PARKS AND RECREATION COMMISSION FEEDBACK: This information was presented to the Parks and Recreation Commission at its August 17, 2023 meeting in order to obtain a recommendation for City Council. The Commission asked the property owners the following questions related to the stipulations in Attachment A: 1. What do you mean by “undeveloped natural state”? 2. If staff wanted to remove invasive species and/or plant native vegetation, is this allowed under your stipulations? 3. Would the City be able to install stairs if needed since it is to remain undeveloped? The property owners responded that the intent of “undeveloped” was to not have any buildings on this site and that stairs would be okay. The owners also indicated that staff will be able to manage this property in the same manner they manage other park properties. The Commission recommended City Council accept the donation of this property if the City can put stairs on it in the future and that staff can manage it in a manner they determine is most appropriate for the area. The motion passed 6-0 with one member absent. After the meeting, the property owners followed up with clarification regarding the stipulations which can be seen in Attachment D. ALTERNATIVES: 1. Accept the donation of 0.60 acres of land at 1000 Jarret Circle with the stipulations cited in Attachment D and direct staff to finalize the deed transfer from the current property owners to the City. 2. Do not accept the donation of this land to be included as part of Emma McCarthy Lee Park and Munn Woods. 3. Refer back to staff with direction on how to proceed with this donation. CITY MANAGER’S RECOMMENDED ACTION: The City is appreciative of the property owner’s for offering to donate to the City land that will be included as part of Emma McCarthy Lee Park and Munn Woods. The property is “clean and green” and ready for inclusion into the park system. Part of the Parks and Recreation Department’s mission statement includes “…offering …excellent parks…for current and future generations”. The acceptance of this land will add greenspace to the Emma McCarthy Lee Park and Munn Woods greenbelt and allow the City to develop an access in the future. Additionally, prior to the deed transfer, staff will ensure that all relevant taxes are paid and that there are no liens against the property. Therefore, it is 3 the recommendation of the City Manager that City Council approve Alternative #1 as stated above. To: Keith Abraham, Director Ames Parks & Recrea�on Department From: Herman Quirmbach Leigh Tesfatsion William Gutowski Re: Dona�on of lot at 1000 Jarret Circle, Ames Date: August 1, 2023 As we have discussed with you, we, the co-owners of the undeveloped lot at 1000 Jarret Circle in Ames, would like to donate this lot to the City of Ames. This lot is con�guous with the city-owned greenbelt that runs along Clear Creek between the city-owned proper�es of Emma McCarthy Lee Park and Munn Woods on the west side of Ames. Although we paid $110,000 for the lot in 2013, we would not ask the City for any financial compensa�on for this dona�on. However, we would ask the City to make two s�pula�ons. First, the City would s�pulate that the lot in ques�on would become part of the aforemen�oned greenbelt and would remain in its undeveloped natural state in perpetuity. Second, the City would agree not to install or develop at 1000 Jarret Circle any formal entrance to the greenbelt area (e.g., through signage, crea�on of a marked path, or similar) for a period of twenty years or un�l the date at which both Quirmbach and Tesfatsion have vacated their residence at 1002 Jarret Circle, whichever date comes first. We would ask that you bring this mater to the Parks and Recrea�on Commission at your earliest opportunity. We would hope that the dona�on could be successfully concluded before the end of calendar year 2023. Please let us know if you need any further informa�on or if you have any concerns to discuss. One or more of us would be happy to appear before the Commission if that would be helpful. Just let us know. Ross RdRoss Rd Jarrett Cir Garfield Ave 3815 1004 3806 1001 928 3521 1005 1023 3624 3713 3431 3728 910 3631 923 3724 3604 1018 3303 1002 913-19 3611 3513 918-24 3718 1003 3818 3717 1017 36163716 1005 3617 3612 3605 1007 1010 3503 3809 3710 3707 1000 3812 3425 3800 1000 JarrettCircle West St Ross Rd Phoenix St Garfield Ave Ross Rd Westwood Dr Westwood Dr Arkansas Ave WestbrookLn Arizona Cir Franklin Ave Ellis St Franklin Ave Arizona Ave TimberRidgeDr Arizona Ave Mary Cir Hickory Dr Oakland St Oakland St West St Arizona Ave Ross Rd Oliver Ave Annear St Forest Glen RossRd BriarwoodPl Campus Ave Wisconsin Ave Woodland St Quebec Cir Ross Rd Colorado Cir Yuma Ave Hawthorne Ave MesaVerde Pl Oakland St ForestHills Dr Arkansas Dr Jarrett Cir Woodland St Wildflower Dr Oakland St Phoenix St Woodland St West St Michigan Ave Oliver Cir Ross Rd Phoenix Cir Quebec St Crane Ave Woodland St Munn Woods Emma McCarthy Lee Pa rk Entra nce Pa rk Entra nce Pa rk Entra nce 1000 Jarrett Circle Pa rk Entra nce Pa rk Entra nce To: Keith Abraham, Director, Ames Parks & Recreation Department Members, Ames Parks & Recreation Commission From: Herman Quirmbach Leigh Tesfatsion William Gutowski Re: Donation of lot at 1000 Jarrett Circle, Ames Date: August 19, 2023 Thank you all for your support of the above project. We appreciated the discussion on Thursday. The questions raised helped to clarify some issues which we address here. On Thursday we indicated that we would like two stipulations on our gift. The first is that the lot in question would become part of the city-owned greenbelt between Emma McCarthy Lee Park and Munn Woods and would remain in its undeveloped natural state in perpetuity. As indicated during the commission discussion, “undeveloped” would preclude any permanent buildings or paving. Our intention, however, is that the types of safety improvements and conservation policies that the City typically pursues in other areas of the greenbelt and Munn Woods would not be precluded. An example of the first would be stairs on steep walking paths. An example of the second would be activities to respond to invasive species. The second stipulation is that the City would agree not to install or develop at 1000 Jarrett Circle any formal entrance to the greenbelt area (e.g., through signage, creation of a marked path, or similar) for a period of twenty years or until the date at which both Quirmbach and Tesfatsion have vacated their residence at 1002 Jarrett Circle, whichever date comes first. At the date at which the property becomes public land, members of the public would of course have access. We would anticipate that the City would eventually provide signage to indicate an entrance, perhaps similar to the signage at the entrance to Munn Woods near the corner of Mesa Verde and Phoenix Streets. We simply ask that such signage be delayed until after we vacate. As we indicated previously, although we bought the lot for over $100,000, we are asking no compensation for our gift to the City. The two stipulations are all we ask. The next step would appear to be to bring the proposal forward to the City Council. If they approve the concept, then we would direct our attorney to work with the City Attorney to craft the appropriate formal transfer document. We would also need at that point to arrange for an appraisal to be done at our expense for our tax purposes. Finally, with Council approval of the transfer document, the City and the three owners would sign and complete the transaction. We would hope that all these steps could be concluded before the end of calendar year 2023. Please let us know if you need any further information or if you have any concerns to discuss. One or more of us would be happy to appear before the Council if that would be helpful. Just let us know. 1 ITEM #: 38 DATE: 09-26-23 DEPT: P&R COUNCIL ACTION FORM SUBJECT: FITCH FAMILY INDOOR AQUATIC CENTER UPDATES BACKGROUND: There are many components involved with design, construction, and funding of the Fitch Family Indoor Aquatic Center (FFIAC). Therefore, Staff has provided updates periodically to keep City Council informed of the project’s progress and seek direction as needed. This report provides updated information related to three items: 1) State approval of aquatic plans, 2) Recommendations from Impact7G related to environmental issues, and 3) Story County’s contribution of $500,000 toward the construction of the FFIAC. Items 1 and 2 are for information only, while the City Council is being asked to take action regarding Item 3. STATE APPROVAL OF AQUATIC PLANS: According to Iowa Code Public Health (641) Chapter 15.5(1), the State of Iowa requires the following items to be accomplished for new pool construction: 15.5(1) Construction permit. a. Permit required. No swimming pool shall be constructed or reconstructed without the owner or a designated representative of the owner first receiving a permit for the department. Construction shall be completed within 24 months from the date the construction permit is issued unless an extension is granted in writing by the department. b. Permit application. The owner of a proposed or existing facility or a designated representative of the owner shall apply for a construction permit on forms provided by the department. The application shall be submitted to the department at least 15 days prior to the start of construction of a new swimming pool or the reconstruction of an existing swimming pool. c. Plan submission and fee. Three sets of plans and specifications shall be submitted with the application. A nonrefundable plan review fee for each swimming pool, leisure river, water slide, wave pool, wading pool, spray pad, zero-depth swimming pool, and multisection water recreation pool shall be remitted with the application as required in 15.12(3). The standard practice for municipalities in Iowa is to submit three complete sets of engineered, stamped drawings to the State at the same time bid documents are 2 distributed to potential bidders. RDG has done this multiple times with other pool projects, most recently with ISU State Gym, University of Iowa Rec and Wellness, Waukee School District, and DMACC Trail Point. Since the bids will be based on design documents not yet approved by the authorized State agency, the City Council needs to understand that there is some risk associated with this approach. Changes required to the design by the State could result in delays and/or increased costs. However, the consulting team believes this risk is minimized because of their ongoing conversation with State representatives during the design process. Waters Edge Aquatic Design (WEAD), the project’s pool consultant, has been conversing with State staff about items that warrant direction from the State. For example, WEAD has received clarification that our design meets the required number of plumbing fixtures, a “skimmer” system is appropriate to use in the wellness pool, and the design and placement of ramps in the lap pool and wellness pools are appropriate for the water depth of each basin. A waiver request has also been submitted to obtain approval for the use of bulk CO2 storage tank in the facility and the design team is waiting for a response. A similar request was pursued by Ames Community School District for its recent pool project, and that request was granted. Staff is therefore confident we will receive approval as well. It remains possible that the State review may cite items in the final design that need to be changed. However, these items are usually minor in nature and easily remedied. The other alternative to this approach is to obtain State approval before issuing bid documents. This approach will delay the project construction schedule for an extended period of time given the fact that the State Department of Health appears to be understaffed and there is no telling when final approval can be granted. Therefore, staff is not supportive of waiting to bid until final State approval is granted. No action is needed for this item, unless the City Council wants the staff to pursue a different strategy in regards to the State approval of the design documents. IMPACT7G RECOMMENDATIONS: Impact7G has been hired to provide environmental services for this project. These services include making recommendations related to the site contamination and measures to take during and after construction. Attachment A lists the potential concerns and what can be done, if anything, to mitigate these concerns. A summary of the concerns and recommendations is shown below: 1. Encountering contaminated soil – Story Construction is planning to leave the existing asphalt over the contaminated area in place and use it for construction trailers and staging, so it will be one of the last areas to be disturbed. The Iowa Department of Natural Resources (IDNR) has indicated that if the asphalt is 3 removed and minimal grading is done, the new parking lot can be placed over the contaminated soil without removing any soil. Parking lot lights will need to be installed, so there will be some soil to be removed and disposed of. Impact7G indicates the likelihood of encountering contaminated soil is low unless excavation occurs in the northeast corner of the site. If it is encountered, the soil will need to be tested and may have to be stockpiled and/or removed from the site. 2. Harmful vapors entering the building through the foundation – Impact7G recommends installing an engineered vapor barrier during construction, avoid ing routing utilities through known contamination, and appropriately sealing the vapor barrier for any utility penetrations through the foundation. It has been indicated to the City staff that with these measures in place, the likelihood of vapors entering the building is low. 3. Harmful vapors found in the building – Even though the likelihood of vapors entering the building is low, Impact7G is recommending quarterly indoor air quality monitoring for the first year. 4. Groundwater contamination found in excavation during construction – Since the aquatic center building footprint is downgradient from the areas of contamination, there is a medium likelihood of this occurring. The recommendation is to closely monitor groundwater elevations and concentrations prior to and during construction. If contamination is found in the groundwater, there are several remedies described in the report, which include discharging water to the sanitary system (if contamination levels are below regulatory effluent limits) and/or collecting the groundwater and trucking it offsite for treatment. 5. Contamination moving during construction – The likelihood of this occurring is low; however, groundwater may migrate towards the building excavation and dewatering may induce the flow from the north toward the excavation area. Monitoring is recommended, especially if a dewatering system is installed. 6. Benzene affecting PVC piping for water, sanitary, stormwater, etc. – Petroleum contamination can degrade and permeate water lines made from PVC or other non-petroleum resistant materials [e.g. polyethylene (PE), polybutylene (PB)]. The recommendation is to design the utility layout to avoid areas of contamination and specify petroleum resistant materials in the construction documents. 7. Contamination found in sump water – Impact7G indicates there is low likelihood of this happening, but recommends quarterly sump monitoring for the first year following completion of construction. 4 No Council direction is required regarding these recommendations. City staff and the design team plan to proceed in accordance with the recommendations of Impact7G. STORY COUNTY FUNDING: The Story County Board of Supervisors has approved a contribution of $500,000 from the county’s American Rescue Plan Act (ARPA) funding to go toward the capital cost of the FFIAC. As a condition of this funding, Story County Supervisors stipulated that all Story County residents pay the same user fees for the FFIAC as City of Ames residents. As a comparison, Story County had previously committed to provide $2,000,000 toward the Healthy Life Center capital costs and $100,000 annually for operational costs. The $100,000 annual contribution was to increase 3% each year with the length of the contract being 25 years. In return, non-Ames Story County residents were going to pay the same user fees as Ames residents. Story County’s contribution to the FFIAC is significantly less than wha t the county committed to the Healthy Life Center, so the question was raised as to whether the stipulation attached to the $500,000 contribution is acceptable. City staff feels providing non-Ames Story County residents the same fees as Ames residents is an appropriate acknowledgement of the County’s contribution, but questioned whether there should be a time limit to the benefit. City staff discussed this issue with Story County staff, and each entity has agreed in principle to a term limit of ten years for the discounted fees. After the ten years, a new agreement can be negotiated, or Story County residents will begin paying non-resident rates. These terms are included in Attachment B (Grant Agreement - An Agreement With City of Ames for Funding Towards the Fitch Family Indoor Aquatic Center Project). It should be noted that City staff also checked whether there were any requirements with the use of these ARPA funds that may cause project costs to increase more than the funding provided (e.g., to pay prevailing wages or incur a significant reporting burden). There are no such requirements, so staff is asking City Council to approve the attached contract to receive funds from Story County. ALTERNATIVES: 1. Approve the attached grant agreement to accept $500,000 from Story County towards the Fitch Family Indoor Aquatic Center with the stipulation that Story County residents will pay the same fees as Ames residents for a period of ten years. 2. Do not accept the $500,000 from Story County. 3. Refer this item back to staff. 5 CITY MANAGER’S RECOMMENDED ACTION: City Council has expressed the desire to be able to not only build the new indoor aquatic center, but also construct the add alternate which includes the multi-purpose space and walking area. The construction cost estimates and potential available funding shown to Council in July indicate there may be enough funding to award the base bid and add alternate. These project budget figures included relying on the contribution from Story County. The question Council needs to answer is whether Story County residents outside Ames should pay the same fees as Ames residents for a period of ten years. The ongoing operational subsidy for the FFIAC is a concern for staff. Offering Story County residents a reduced fee should help entice more people to come to the FFIAC. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 , as noted above. 8951 Windsor Parkway Johnston, IA 50131 515.473.6256 ꞏ info@impact7g.com www.impact7g.com Sustainable Environmental Solutions September 19, 2023 Keith Abraham Parks and Recreation Director City of Ames 1500 Gateway Hills Park Drive Ames, IA 50010 RE: Proposed Fitch Family Aquatic Center Supplemental Contaminated-Media Management Plan Dear Keith, Per your request, Impact7G is pleased to provide this supplemental information as a follow-up to the contaminated media management plan. Every attempt has been made to address the questions you have raised and to provide accurate cost estimates where applicable. Please note that third-party estimates such as laboratory analysis, waste transportation, and disposal service are subject to change between now and the actual completion of the construction project. Thank you for the opportunity to provide this information and let me know what questions you have by contacting our office at mdeutsch@impact7g.com or 515-802-7466. Sincerely, Matt Deutsch, CSP, CHMM Senior Project Manager Impact7G, Inc. Sustainable Environmental Solutions ꞏ Page 2 1. Potential Concern: Encountering contaminated soil (trucking it to a landfill) a. Likelihood of occurrence: Low. b. Potential issues related: Encountering contaminated soil is unexpected unless excavation occurs in the northeast corner of the property. c. Potential remedies: Avoid excavating in the areas of TMW-1, TMW-4, TMW-10, and TMW-12. Field screen potentially impacted soil with a photoionization detector (PID). Soil below 10 ppm by PID screening can be reused or transported off-site. Soil over 10 ppm should be stockpiled for further laboratory analysis (refer to Contaminated-Media Management Plan for additional details). d. Estimated costs for mitigation/remediation: Expedited laboratory analysis of soil for waste characterization purposes (gaining approval at the Boone County Landfill) is approximately $900.00 per sample plus applicable travel and on-site costs for an Impact7G Environmental Specialist. e. Recommendation: Include a line item in the bidding documents for unit cost excavating, hauling, and disposal of contaminated soil to Boone County Landfill. 2. Potential concern: Harmful vapors entering the building through the foundation (vapor barrier). a. Likelihood of occurrence: Low. b. Potential issues related: Impact7G does not anticipate any harmful vapors entering the building with the installation of the engineered vapor barrier. c. Potential remedies: Installation of an engineered vapor barrier during the construction process. Avoid routing any utilities through the areas of known contamination. Appropriately seal the vapor barrier for any utility penetrations through the foundation. d. Estimated costs for mitigation/remediation: Indoor air samples are approximately $200.00 per sample plus applicable travel and on-site costs for an Impact7G Environmental Specialist. e. Recommendation: Install a vapor barrier during construction and perform quarterly indoor air quality monitoring for the first year following completion of construction. 3. Potential concern: Harmful vapors found within the building (monitoring) a. Likelihood of occurrence: Low. b. Potential issues related: Impact7G does not anticipate any harmful vapors entering the building with the installation of the engineered vapor barrier. c. Potential remedies: Installation of an engineered vapor barrier during the construction process. d. Estimated costs for mitigation/remediation: Indoor air monitoring is available for approximately $200.00 per sample plus applicable travel and on-site costs for an Impact7G Environmental Specialist. e. Recommendation: Install a vapor barrier during construction and perform quarterly indoor air quality monitoring for the first year following completion of construction. 4. Potential concern: Groundwater contamination found in excavation during construction. a. Likelihood of occurrence: Medium since the aquatic center building footprint is Sustainable Environmental Solutions ꞏ Page 3 downgradient from the areas of contamination. b. Potential issues related: The dewatering approach depends on the amount of groundwater encountered (nuisance vs. significant) and the levels of contamination. A significant amount of groundwater with contaminants exceeding effluent limits to the sanitary sewer would be the worst-case scenario. c. Potential remedies: Monitor groundwater levels before and during construction activities. Sump pumps and/or vacuum trucks can be used for the collection of a nuisance amount of groundwater. Deep wells and/or well-point dewatering may be required for significant amounts of groundwater. If an installed dewatering system is anticipated, obtain a permit from the City of Ames to discharge to the sanitary sewer and perform a pilot test to collect sufficient groundwater for characterization purposes (laboratory analysis as required by the City of Ames). Provided all contaminant levels are below the permit effluent limits, discharge to the sanitary sewer. Groundwater exceeding the permit effluent limits may require pretreatment before discharge to the sanitary sewer. d. Estimated costs for mitigation/remediation: Nuisance dewatering can be performed for minimal cost ($1.25 - $2.00 per gallon for transportation and disposal) while deep wells and/or well-point system installation will have significant costs. Depending on the levels of groundwater contamination encountered, it is possible for discharge to the sanitary sewer with a permit from the City of Ames (on-site treatment may be required prior to discharge for elevated contamination levels). e. Recommendation: Closely monitor groundwater elevations and concentrations prior to the start of construction and make the necessary adjustments to the construction plan. 5. Potential concern: Contamination moving during construction. a. Likelihood of occurrence: Low. b. Potential issues related: Groundwater may migrate towards the building excavation. An installed dewatering system may also induce the flow of groundwater from the north toward the excavation area. c. Potential remedies: Monitor groundwater levels before and during construction activities. If an installed dewatering system is anticipated, obtain a permit from the City of Ames to discharge to the sanitary sewer and perform a pilot test to collect sufficient groundwater for characterization purposes (laboratory analysis as required by the City of Ames). Provided all contaminant levels are below the permit effluent limits, discharge to the sanitary sewer. Groundwater exceeding the permit effluent limits may require pretreatment before discharge to the sanitary sewer. d. Estimated costs for mitigation/remediation: Expedited laboratory analysis is approximately $750.00 per sample. e. Recommendation: If an installed dewatering system is installed, monitor groundwater contaminants to maintain compliance with the discharge permit. 6. Potential concern: Benzene affecting PVC piping for water, sanitary, stormwater, etc. a. Likelihood of occurrence: Medium. b. Potential issues related: Petroleum contamination can degrade and permeate Sustainable Environmental Solutions ꞏ Page 4 water lines made from PVC or other non-petroleum resistant materials (e.g. polyethylene (PE), polybutylene (PB)). c. Potential remedies: Avoid routing utilities through areas of contamination and utilize Iowa DNR-recommended materials for water piping and gaskets. (i.e. metal piping with petroleum-resistant gaskets (nitrile), metal piping with joints (welded, cement, jute/oakum, leaded/leadite), or copper piping with compression fit connections). d. Estimated costs for mitigation/remediation: Impact7G will defer to the architect for their expertise on this item. e. Recommendation: Design the utility layout to avoid areas of contamination and specify petroleum-resistant materials in the construction documents. 7. Potential concern: Contamination found in sump water. a. Likelihood of occurrence: Low. b. Potential issues related: Vapors within the building due to groundwater contamination from outside sources. c. Potential remedies: Perform quarterly sump monitoring (if installed) for the first year following completion of construction. Protect indoor sumps from potential contaminants (facility maintenance cleaning compounds and lubricants). d. Estimated costs for mitigation/remediation: The estimated laboratory analysis for water collected from a building sump would be $250.00 per sample plus applicable travel and on-site costs for an Impact7G Environmental Specialist. e. Recommendation: Perform quarterly sump monitoring for the first year following completion of construction. GRANT AGREEMENT AN AGREEMENT WITH CITY OF AMES FOR FUNDING TOWARDS THE FITCH FAMILY INDOOR AQUATIC CENTER PROJECT THIS AGREEMENT (“Agreement”) is entered into by and between Story County, an Iowa Municipal corporation, whose mailing address and telephone number is 900 Sixth Street, Nevada, Iowa 50201, telephone 515-382-7200, hereinafter referred to as “County”, and the City of Ames, Iowa, hereinafter referred to as “Grantee”, whose mailing address and telephone number is 515 Clark Avenue, Ames, Iowa 50010, telephone 515-239-5101. 1. PURPOSE AND INTENT The purpose of the agreement is for the Grantee to use $500,000 funded from ARPA Recovery Funds lost revenue towards the Fitch Family Indoor Aquatic Center on the condition that all Story County residents have the same fee schedule as Ames city residents for a period of ten (10) years for the initial date of operations of the facility. The Grantee acknowledges that: 1) the source of funding awarded for this project is the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) funds; 2) any and all compliance requirements for use of SLFRF funds; and 3) any and all reporting requirements for expenditures of SLFRF funds. (All definitions from “Compliance and Reporting Guidance: State and Local Fiscal Recovery Funds” dated February 28, 2022, version 3.0.) In order to accomplish the objectives of the American Rescue Plan Act (ARPA) to respond to the public health emergency or negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality, the County and Grantee agree as follows. 2. DISBURSEMENT OF FUNDS The County will pay Grantee an amount not to exceed $500,000. The funds will be disbursed in one lump-sum payment of $500,000. 3. REPORTING In exchange for payment received, Grantee agrees to provide the County quarterly reporting on expenditures and obligations made with ARPA funds and annual reporting regarding the $500,000.00 funded from ARPA Recovery Funds lost revenue towards the Fitch Family Indoor Aquatic Center. A timeline for quarterly reporting is attached as Exhibit A. 4. TERMS The terms of this service agreement shall begin upon the execution of this contract by the Chair of the Story County Board of Supervisors. Agreement shall terminate upon the exhaustion of ARPA funds by Grantee. Agreement will terminate no later than 12/31/2026. (A) This Agreement shall remain in effect until one of the following events has occurred: a. The Grantee and the County replace this Agreement with another written agreement; b. All of Grantee’s obligations under this Agreement have been discharged, including, without limitation, any obligation to reimburse the County for disbursements; or c. This Agreement has been terminated pursuant to the provisions of Section 4 hereof. 5. TERMINATION The County, in its sole and absolute discretion, may terminate this Agreement: a. if the Grantee has breached any provision of this Agreement or has failed to comply with any applicable state or federal law or regulation applicable to any Project; or b. if any representation or warranty made by the Grantee in any Proposal, this Agreement, or any certification or other supporting documentation thereunder or hereunder shall prove to have been incorrect in any material respect at the time made. c. Notice of Termination. The County shall provide the Grantee with written notice of termination of this Agreement. The termination of this Agreement shall be effective as of the date such notice of termination is sent by the County. The County may terminate this agreement without penalty to the County, at any time, without cause, by giving written notice to the Provider at least fifteen (15) days before the effective date of such termination. d. Effect of Termination. Upon termination of this Agreement, the Grantee shall reimburse the County for all costs and disbursements of the project terminated on a schedule to be negotiated in good faith between the County and the Grantee, but in no event more than 60 days from the date of such termination. The Grantee shall return any unused portion of the funds to the County within thirty days of notification of termination. e. Grantee may terminate this agreement by giving a 21-day notice by certified mail to the County. 6. AFFIRMATIVE COVENANTS a. Ratification. By executing this Agreement, the Grantee (i) affirms and ratifies all statements, representations and warranties contained in all written documents that it has submitted to the County in connection with this Agreement (including, without limitation, the Agreement and the Application attached hereto as of the date hereof) and (ii) agrees that on each date, if any, that additional information is attached hereto and made a part hereof, it will be deemed to have affirmed and ratified all such statements, representations and warranties (including, without limitation, those contained or provided in connection with such additional information). b. No Litigation. No action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, other than as disclosed to the County in writing, is pending or, to the knowledge of the authorized representatives of the Grantee executing this Agreement, threatened (1) seeking to restrain or enjoin the execution and delivery of this Agreement, or the undertaking of any Project (defined below) or (2) contesting or affecting the validity of this Agreement; and neither the corporate existence of the Grantee nor the title to office of any authorized representatives of the Grantee executing this Agreement, is being contested. c. No Conflicts. The authorization, execution and delivery of this Agreement, and performance by the Grantee of the Project and of its obligations under this Agreement, will not constitute a breach of, or a default under, any law, ordinance, resolution, agreement, indenture or other instrument to which the Grantee is a party or by which it or any of its properties is bound. d. SAM.gov Registration. Grantee shall inform the County whether or not they are actively registered with the System for Award Management (“SAM”) and confirms that the Unique Entity Identifier (“UEI”) or Taxpayer Identification Number (“TINS”) herein listed is the correct number for the Grantee as of the date hereof. If Grantee is not registered with the System for Award Management (“SAM”) they will be required to register and provide the County with their Unique Entity Identifier (“UEI”) before awarded funds will be released to the Provider. i. Unique Entity Identifier (“UEI”) or Taxpayer Identification Number (“TINS”) _______________________ e. Reporting and Compliance with Laws. The Grantee shall comply with all reporting requirements as determined by Story County. In addition, the Grantee agrees that the Project shall be constructed or undertaken and shall be expended in full compliance with all applicable provisions of federal, state and local law and all regulations thereunder. Without limiting the generality of the foregoing, the Grantee covenants to comply in all respects with all applicable law, regulation and rule regarding bidding, procurement, employment and anti-discrimination. f. Civil Rights Compliance. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975. g. If for any reason Grantee is unable to meet the terms as agreed upon above Grantee shall notify the COUNTY and return any unused portion of the funds to the COUNTY within 30 days of that notification. 7. ASSIGNMENTS Grantee’s obligation and duties under this Agreement shall not be assigned without the permission of the County. 8. INDEMNIFICATION Grantee shall hold harmless the County for any injury or damage caused by the acts or omissions of Grantee on employees or agents and Grantee agrees to indemnify the County for any such injury or damages. 9. DISPUTES Any disputes that arise between the County and Grantee would be governed by Iowa law and be litigated in Story County. 10. ACCESS TO BOOKS AND RECORDS Unless otherwise required by applicable laws, Grantee shall allow the County access to all books and records for purposed of auditing or reviewing Grantee’s claims, upon request by the County. Grantee’s failure to provide access under this section shall constitute a material breach of the agreement. a. Recordkeeping. The Grantee shall maintain accounts and records with respect to the Project in accordance with generally accepted accounting principles as issued from time to time by the Governmental Accounting Standards Board (GASB). Grantee shall keep and maintain all financial records and supporting documentation related to the Project for a period of seven years after all proceeds have been expended or returned to the County. Wherever practicable, Grantee shall collect, transmit, and store such records in open and machine-readable formats. Grantee agrees to make such records available to the County or the United States Treasury upon request, and to any other authorized oversight body, including but not limited to the Government Accountability Office (GAO), the Treasury’s Office of Inspector General (OIG) and the Pandemic Relief Accountability Committee (PRAC). Grantee agrees to make such accounts and records available for on-site inspection during regular business hours of the Grantee and permit the County, the United States Treasury or any other such authorized oversight body to audit, examine, and reproduce such accounts and records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, data, and other information relating to all matters covered by this agreement. 11. REQUIREMENTS Grantee hereby agrees to perform all duties in accordance with all state and federal laws and regulations. This provision includes but is not limited to Iowa Code Section 144.32. Grantee assures that no person shall be on the grounds of race, color, national origin, or sex, as provided by Title VI of the Civil Rights Act of 1964 be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this program or activity. Failure to perform duties in accordance with the applicable laws and regulations shall be considered a material breach of this agreement by the Grantee. 12. COMPLETE AGREEMENT This is the entire agreement between the County and Grantee. Exhibit A Report Year Quarter Period Covered Due Date (Treasury) Due Date (to Story County) 1 ITEM #: 39 DATE: 09-26-23 DEPT: Finance COUNCIL ACTION FORM SUBJECT: AMENDMENT TO FY 2023/24 ADOPTED BUDGET FOR CARRYOVERS FROM FY 2022/23 AND OTHER BUDGET CHANGES BACKGROUND: The Code of Iowa requires that city spending by program not exceed Council approved budget amounts at any time during the fiscal year. To maintain compliance, the City’s budget is typically amended three times during the fiscal year. The following is the customary amendment schedule: Amendment #1 - A first amendment is prepared to carry over unspent project amounts from the prior fiscal year in the fall. Amendment #2 - The second amendment is completed as part of the adoption process for the next fiscal year’s budget. This is typically done in March or April. Amendment #3 - A final spring amendment is done to adjust for any significant changes that have occurred since the prior amendment. This amendment is typically restricted to the early start of CIP projects approved for the following fiscal year, new grants received and their associated project expenses, and any significant changes in CIP projects, operating expenses, or revenues. Staff has prepared the first amendment (#1) to the FY 2023/24 City budget. As noted above, this amendment includes capital projects and specific operating projects that either span fiscal years or are delayed due to unforeseen circumstances . Also included in the amendment are other modifications to the budget that were unexpected when the original budget was adopted on April 25, 2023. A summary is attached describing the carryovers and other budget changes, which total $113,200,264. Please note that the projects and associated budgeted expenditures and funding sources for carryovers were approved by City Council as part of the fiscal year 2022/23 budget, but were not completed during the year. This amendment provides formal Council authority to carry forward the appropriation for projects and other work that is expected to be spent in fiscal year 2023/24. Amending the budget for carryover amounts and other budget changes improves the ability of departments to monitor project spending and for Finance staff to track budget compliance. 2 ALTERNATIVES: 1. Adopt a resolution amending the fiscal year 2023/24 budget to increase expenditures by $113,200,264 for carryover amounts from fiscal year 2022/23 and other significant changes to the fiscal year 2023/24 budget. 2. Refer this item back to staff for additional information or other adjustments to the amendments. CITY MANAGER’S RECOMMENDED ACTION: Amending the FY 2023/24 budget for carryover amounts from the FY 2022/23 budget early in the fiscal year will provide for improved budget monitoring and tracking. It will also provide assurance that Council-approved projects and work not completed in the prior year will not be delayed for spending authority. Therefore, it is recommended that City Council approve Alternative No. 1, as described above. CITY OF AMES, IOWA 2023/24 FALL BUDGET AMENDMENT SUMMARY Table of Contents Expenditure Change Summaries.............................................................................................. 1 Explanation of Expenditure Changes ....................................................................................... 3 Fund Summary ........................................................................................................................ 6 Notice of Public Hearing Publication (Amendment of Current City Budget) .............................. 8 1 Expenditure Changes by Program Percentage 2023/24 2022/23 2023/24 Change from Program: Adopted Carryover Adjusted Adopted Public Safety: Law Enforcement 11,337,051 263,574 11,600,625 2.3% Fire Safety 8,583,251 120,198 8,703,449 1.4% Building Safety 1,915,022 - 1,915,022 0.0% Animal Control 659,270 11,182 670,452 1.7% Other Public Safety 17,548 - 17,548 0.0% Public Safety CIP - 540,344 540,344 Total Public Safety 22,512,142 935,298 23,447,440 4.2% Utilities: Electric Services 60,297,117 3,711,799 64,008,916 6.2% Water and Pollution Control 9,982,356 - 9,982,356 0.0% Water Distribution System 1,766,830 - 1,766,830 0.0% Sanitary Sewer System 994,190 - 994,190 0.0% Stormwater Management 901,809 - 901,809 0.0% Resource Recovery 4,516,803 - 4,516,803 0.0% Utility Customer Service 1,870,873 - 1,870,873 0.0% Utilities CIP 27,752,481 56,079,731 83,832,212 202.1% Total Utilities 108,082,459 59,791,530 167,873,989 55.3% Transportation: Streets/Traffic System 8,387,469 111,902 8,499,371 1.3% Transit System 14,949,683 - 14,949,683 0.0% Parking System 934,303 - 934,303 0.0% Airport Operations 174,921 - 174,921 0.0% Transportation CIP 30,945,543 38,648,045 69,593,588 124.9% Total Transportation 55,391,919 38,759,947 94,151,866 70.0% Culture and Recreation: Parks and Recreation 5,251,743 122,946 5,374,689 2.3% Library Services 5,607,939 - 5,607,939 0.0% Art Services 275,458 122,566 398,024 44.5% Cemetery 243,686 - 243,686 0.0% Culture and Recreation CIP 7,993,155 7,693,716 15,686,871 96.3% Total Culture and Recreation 19,371,981 7,939,228 27,311,209 41.0% 2 Expenditure Changes by Program, continued Percentage 2023/24 2022/23 2023/24 Change from Program: Adopted Carryover Adjusted Adopted Community Development: Planning Services 1,011,029 3,400 1,014,429 0.3% Economic Development 2,387,948 - 2,387,948 0.0% Sustainability 136,361 536,114 672,475 393.2% Housing Services 1,078,925 - 1,078,925 0.0% Human Services 1,863,014 - 1,863,014 0.0% FEMA/Disaster Relief - - - Community Development CIP 175,000 138,001 313,001 Total Community Development 6,652,277 677,515 7,329,792 10.2% General Government: City Council 555,393 324,872 880,265 58.5% City Clerk 454,417 8,500 462,917 1.9% City Manager 994,186 100,000 1,094,186 10.1% Public Relations 258,254 - 258,254 0.0% Media Production Services 224,023 - 224,023 0.0% Financial Services 2,213,419 9,725 2,223,144 0.4% Legal Services 941,759 - 941,759 0.0% Human Resources 727,929 102,515 830,444 14.1% Facilities 496,801 257,650 754,451 51.9% General Government CIP 75,000 1,574,384 1,649,384 2099.2% Total General Government 6,941,181 2,377,646 9,318,827 34.3% Debt Service: General Obligation Bonds 12,979,018 - 12,979,018 0.0% Electric Revenue Bonds 964,807 - 964,807 0.0% SRF Loan Payments 4,260,562 - 4,260,562 0.0% Total Debt Service 18,204,387 - 18,204,387 0.0% Internal Services: Fleet Services 3,790,098 2,537,361 6,327,459 67.0% Information Technology 2,875,940 173,547 3,049,487 6.0% Printing Services 127,410 127,410 Messenger Service 114,849 114,849 Risk Management 3,294,695 - 3,294,695 0.0% Health Insurance 11,538,867 8,192 11,547,059 0.1% Internal Services CIP - - - Total Internal Services 21,741,859 2,719,100 24,460,959 12.5% Total Expenditures Before Transfers 258,898,205 113,200,264 372,098,469 43.7% Transfers 24,999,327 - 24,999,327 0.0% Total Expenditures 283,897,532 113,200,264 397,097,796 39.9% 3 2023/24 Amendments by Program Public Safety Program $935,298 Public Safety operating expenses are being increased by $394,954 for delayed equipment and capital purchases for the Police Department ($263,574), the Fire Department ($120,198), and Animal Control ($11,182). Funding of $540,344 is being carried over in the Public Safety CIP for the following projects:  Fire apparatus replacement  Fire station improvements $384,558 80,000  Fire Station 2 relocation study 16,750  Outdoor storm warning System 59,036 Utilities Program $57,791,530 Operating funding of $3,711,799 is being carried over in the Utilities program. Of this amount, $2,366,505 in funding is being added to the FY 2023/24 budget for the payment from Alliant for the service territory settlement. This funding will be earmarked for sustainability projects in the Electric Utility. The balance of the operating budget change is for delayed equipment purchases or projects for Electric Administration ($44,444), Electric Production ($770,000), Electric Distribution ($325,000), and Electric Technical Services ($31,653). Funding of $174,197 is also being carried over to complete the geothermal pilot project at Baker Subdivision. A total of $56,079,731 of Utility CIP project funds are being carried over for the following projects:  Electric Utility CIP projects ($20,489,239): o Ash pond modifications $5,657,484 o RDF bin renovation 3,567,301 o Ontario substation 1,575,000 o Unit 8 precipitator reconstruction 1,493,589 o 161 kV line relocation o Unit 7 condenser tubes 1,389,851 1,150,400 o Other Electric CIP projects 5,655,614  Water Utility CIP projects ($13,180,546): o North River Valley Well Field 7,051,346 o Water distribution system improvements 2,975,685 o Well field standby power 975,952 o South Skunk River well field 476,278 o Other Water Utility CIP projects 1,701,285  Sewer Utility CIP projects ($16,094,523): o Sanitary sewer system improvements 11,003,661 o Sanitary sewer system extensions 4,153,366 o Nutrient reduction 259,527 o Other Sewer Utility CIP projects 677,969  Stormwater erosion control projects 3,648,401  Stormwater system analysis 642,548  Other Stormwater Utility CIP projects 1,614,968  Resource Recovery improvements 409,506 4 Transportation Program $38,759,947 Operating funding of $111,902 is being carried over in the Transportation program. The carryover amount includes funding to upgrade office spaces for Traffic Maintenance ($5,500) and to continue the Emerald Ash Borer (EAB) program ($106,402) in Right-of-Way Maintenance. Transportation CIP funding carryovers total $38,648,045 and consist of the following programs and projects:  Street improvement projects ($20,382,870): o Concrete pavement improvements $6,782,718 o CyRide route improvements 2,812,155 o Hyland Avenue improvements 2,648,080 o Asphalt pavement improvements 2,401,697 o Grand Avenue extension 1,574,978 o Right-of-Way restoration 1,271,136 o Other street improvement projects 2,892,106  Shared use path projects 3,289,276  Traffic improvement projects 5,402,496  Street rehabilitation projects 1,930,612  Transit system improvements  Airport improvements 6,268,824 1,373,967 . Culture and Recreation Program $7,939,228 Culture and Recreation operating funding of $245,512 is being carried forward. Of this amount, $122,946 is for Parks and Recreation projects and equipment, primarily funded through donations. Funding of $122,566 is also being carried forward in Art Services for Public Art ($92,566) and the Small Art Grant Program ($30,000). Funding of $7,693,716 is being carried over for the following Culture and Recreation CIP projects:  Parks and Recreation CIP projects ($7,450,034): o Downtown plaza $3,237,739 o New park at 5658 Ontario 1,146,474 o Splash pad 587,837 o Park play equipment 505,718 o Furman Aquatic Center improvements 308,904 o Indoor Aquatic Center 286,023 o Inis Grove Park improvements 249,382 o River Valley Park improvements 187,568 o Other park and facility improvements 940,389  Cemetery improvements 95,685  Arts capital grant program 147,997 5 Community Development Program $677,515 In Community Development, $536,114 in funding is being carried over for Sustainability projects. This includes $500,000 in the Council Priorities fund, $27,207 for the Ames Pollinator Plan implementation, and $8,907 for the Climate Action Plan. Funding of $3,400 is also being carried over for Planning Services to purchase office furniture. Funding of $138,001 is also being carried over in Community Development CIP funding for the Downtown Façade grant program. General Government Program $2,377,646 Operating funding of $803,262 is being carried forward in the General Government program. In the City Council budget, $75,000 in funding has been carried over for the City’s website upgrade. Funding earmarked for the Ames History Museum ($135,000) and Home Allies ($25,000) is also being carried over. Unspent contingency funds of $89,872 are also being carried forward. Of this amount, $18,834 has been reserved by City Council for specific projects. The remaining $71,038 of contingency funding carried over to FY 2023/24 remains unallocated. Funding of $102,515 has also been carried over in the Human Resources budget for the Excellence Through People (ETP) program and $100,000 in the City Manager’s Office budget for the Community-Wide DEI Plan. The remaining balance of $275,875 is funding being carried over for new software for the City Clerk’s Office ($8,500), software and furniture for the Purchasing division in Finance ($9,725), and funding being carried over in the Facilities program for space needs and remodeling projects in City Hall ($257,650). The General Government CIP carryover of $1,574,384 is for the following projects:  City Hall improvements (carpet and painting)  Auditorium HVAC system $874,922 699,462 Internal Services Program: $2,719,100 In the Internal Services program, $2,537,361 is being carried over in the Fleet Services budget for delayed vehicle and equipment purchases. Fleet purchases have been significantly delayed because of the difficulty in ordering vehicles and equipment and the long lead times for the equipment that is available. Funding of $181,739 is also being carried over to purchase equipment in Information Technology ($173,547) and the Health Promotion program ($8,192). Total Carryovers: $113,200,264 6 Expenditure Changes by Fund Percentage 2023/24 2022/23 2023/24 Change from Fund: Adopted Carryover Adjusted Adopted General Fund 42,766,968 4,845,655 47,612,623 11.3% Special Revenue Funds: Local Option Sales Tax 10,633,700 5,465,307 16,099,007 51.4% Hotel/Motel Tax 2,231,408 225,388 2,456,796 10.1% Road Use Tax 11,169,581 3,317,850 14,487,431 29.7% Police Forfeiture 12,000 12,000 0.0% Public Safety Donations/Grants 48,000 - 48,000 0.0% Animal Shelter Donations 51,800 - 51,800 0.0% City-Wide Housing Programs 24,227 - 24,227 0.0% CDBG Program 649,187 - 649,187 0.0% HOME Program 405,511 - 405,511 0.0% Employee Benefit Property Tax - - - Police/Fire Retirement 55,000 - 55,000 0.0% Parks & Rec Grants/Donations 21,500 348,423 369,923 1620.6% American Rescue Plan 4,971,981 3,328,869 8,300,850 Library Grants/Donations 439,879 - 439,879 0.0% Utility Assistance 15,500 - 15,500 0.0% Miscellaneous Special Revenues - 10,026 10,026 Developer Projects - - - Economic Development 28,031 - 28,031 Tax Increment Financing (TIF) 815,838 - 815,838 0.0% Total Special Revenue Funds 31,573,143 12,695,863 44,269,006 40.2% Capital Project Funds: Special Assessments 322,553 - 322,553 0.0% Street Construction 1,895,000 7,501,811 9,396,811 395.9% Park Development - 1,002,936 1,002,936 Winakor Donation 1,950,000 - 1,950,000 Indoor Aquatic Center Donations 3,475,527 286,023 3,761,550 Council Priorities Fund - 1,855,032 1,855,032 General Obligation Bonds 12,671,897 17,010,104 29,682,001 134.2% Total Capital Project Funds 20,314,977 27,655,906 47,970,883 136.1% Permanent Funds: Cemetery Perpetual Care - - - Furman Aquatic Center Trust 7,750 - 7,750 Total Permanent Funds 7,750 - 7,750 7 Expenditure Changes by Fund, continued Percentage 2023/24 2022/23 2023/24 Change from Fund: Adopted Carryover Adjusted Adopted Enterprise Funds: Airport Operations/Improvements 4,566,950 1,373,967 5,940,917 30.1% Water Utility/Improvements 19,129,273 13,643,918 32,773,191 71.3% Sewer Utility/Improvements 19,173,058 13,192,405 32,365,463 68.8% Electric Utility/SunSmart 73,485,255 24,201,038 97,686,293 32.9% Parking/Parking Reserve 1,144,177 - 1,144,177 0.0% Transit/Transit Reserve 25,513,351 6,268,824 31,782,175 24.6% Stormwater Utility/Improvements 5,172,079 6,103,036 11,275,115 118.0% Ice Arena Operations/Reserve 597,534 91,046 688,580 15.2% Homewood Golf Course 427,323 - 427,323 0.0% Resource Recovery 5,304,817 409,506 5,714,323 7.7% Total Enterprise Funds 154,513,817 65,283,740 219,797,557 42.3% Debt Service 12,979,018 - 12,979,018 0.0% Internal Service Funds: Fleet Services/Reserve 3,790,098 2,537,361 6,327,459 67.0% Information Technology/Reserve 2,875,940 173,547 3,049,487 6.0% Printing Services 127,410 - 127,410 Messenger Services 114,849 - 114,849 Risk Insurance 3,294,695 - 3,294,695 0.0% Health Insurance 11,538,867 8,192 11,547,059 0.1% Total Internal Service Funds 21,741,859 2,719,100 24,460,959 12.5% Total Expenditures 283,897,532 113,200,264 397,097,796 39.9% REVENUES & OTHER FINANCING SOURCES Total Budget as Certified or Last Amended Current Amendment Total Budget After Current Amendment Taxes Levied on Property 1 34,748,203 0 34,748,203 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 34,748,203 0 34,748,203 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 386,876 0 386,876 Other City Taxes 6 12,801,747 0 12,801,747 Licenses & Permits 7 1,636,190 0 1,636,190 Use of Money & Property 8 13,252,288 0 13,252,288 Intergovernmental 9 43,702,621 0 43,702,621 Charges for Service 10 333,854,261 0 333,854,261 Special Assessments 11 227,104 0 227,104 Miscellaneous 12 4,594,166 0 4,594,166 Other Financing Sources 13 18,903,897 0 18,903,897 Transfers In 14 18,049,564 0 18,049,564 Total Revenues & Other Sources 15 482,156,917 0 482,156,917 EXPENDITURES & OTHER FINANCING USES Public Safety 16 22,512,142 394,954 22,907,096 Public Works 17 8,387,469 111,902 8,499,371 Health and Social Services 18 1,878,514 0 1,878,514 Culture and Recreation 19 10,478,969 245,512 10,724,481 Community and Economic Development 20 4,505,175 539,514 5,044,689 General Government 21 3,842,069 811,859 4,653,928 Debt Service 22 12,979,018 0 12,979,018 Capital Projects 23 30,462,733 43,093,683 73,556,416 Total Government Activities Expenditures 24 95,046,089 45,197,424 140,243,513 Business Type/Enterprise 25 362,826,390 65,283,740 428,110,130 Total Gov Activities & Business Expenditures 26 457,872,479 110,481,164 568,353,643 Transfers Out 27 18,049,564 0 18,049,564 Total Expenditures/Transfers Out 28 475,922,043 110,481,164 586,403,207 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 29 6,234,874 -110,481,164 -104,246,290 Beginning Fund Balance July 1, 2023 30 910,668,885 0 910,668,885 Ending Fund Balance June 30, 2024 31 916,903,759 -110,481,164 806,422,595 Explanation of Changes: Increases to the budget primarily include fiscal year 2023 carryovers. The majority of the carryovers are delayed capital projects. NOTICE OF PUBLIC HEARING - AMENDMENT OF CURRENT BUDGET City of AMES Fiscal Year July 1, 2023 - June 30, 2024 The City of AMES will conduct a public hearing for the purpose of amending the current budget for fiscal year ending June 30, 2024 Meeting Date/Time: 9/26/2023 06:00 PM Contact: Corey Goodenow Phone: (515) 239-5113 Meeting Location: City Hall Council Chambers, 515 Clark Avenue, Ames, Iowa There will be no increase in taxes. Any residents or taxpayers will be heard for or against the proposed amendment at the time and place specified above. A detailed statement of: additional receipts, cash balances on hand at the close of the preceding fiscal year, and proposed disbursements, both past and anticipated, will be available at the hearing. Budget amendments are subject to protest. If protest petition requirements are met, the State Appeal Board will hold a local hearing. For more information, consult https://dom.iowa.gov/local-gov-appeals. 09/05/2023 09:59 AM Page 1 of 1 ITEM # : 40 DATE: 09-26-23 DEPT: W&PC COUNCIL ACTION FORM SUBJECT: REPORTING OF BIDS AND AWARD OF CONTRACT FOR WATER TREATMENT PLANT, SOUTHEAST WELLFIELD, AND TECHNICAL SERVICES COMPLEX SECURITY FENCE IMPROVEMENTS BACKGROUND: On August 22, 2023, City Council approved plans and specifications and authorized a Notice to Bidders for construction of security fencing at the Water Treatment Plant, Southeast Wellfield, and Technical Services Complex. This project will help meet the department’s goal of improving physical security measures and protecting critical infrastructure. Two bids were received on September 14, 2023, with American Fence of Iowa, Inc. as the apparent lowest, responsible bidder. The bid summary and engineer’s estimate are shown below: Bidder: Total Project Base Bid: American Fence of Iowa, Inc. Johnston, Iowa $78,247.60 Midwest Fence & Gate Co. Fort Dodge, Iowa $107,673.14 Engineer’s Estimate $185,000.00 Carryover into the FY 2023/24 Capital Improvements Plan from prior years includes $212,925 designated for this work. ALTERNATIVES: 1. Award the contract to American Fence Company of Iowa, Inc. from Johnston, Iowa, in the amount of $78,247.60. 2. Do not award a contract at this time. CITY MANAGER’S RECOMMENDED ACTION: Construction of security fencing at the Water Treatment Plant, Southeast Wellfield, and Technical Services Complex is a key part of the Water & Pollution Control Department’s goal of improving physical security measures and protecting critical infrastructure. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 , as described above. 1 ITEM #: 41 DATE: 09/26/23 DEPT: PW COUNCIL ACTION FORM SUBJECT: EAST 13TH STREET NEW SANITARY SEWER EXTENSION BACKGROUND: Ames Plan 2040 establishes and elaborates on the City’s development vision, including the public infrastructure necessary to accomplish the vision. One such expansion of infrastructure that is needed is the East 13th Street Sanitary Extension. The project will provide sanitary sewer to serve the future commercial and industrial development and residential growth in the northeastern part of the City as shown in Ames Plan 2040. This project includes the construction of a new eighteen-inch (18”) diameter sanitary sewer that starts west of the I-35 Interchange and extends east seven thousand feet (7,000) along the East 13th Street (see attached map). The project will be funded entirely by the American Rescue Plan Act (ARPA) 2021. The proposed project has been designed in coordination with and the approval of the Iowa Department of Transportation, Iowa Department of Natural Resources and the Federal Highway Administration. On September 20, 2023, the bids for the project were received as follows: Bidder Bid Engineers Estimate $2,833,234.50 On-Track Construction $2,125,500.00 J & K Contracting $2,287,500.00 Rognes Corp $2,452,000.00 Synergy Contracting $2,586,510.00 Vanderpool Construction $2,588,860.00 Mainline Construction $2,590,822.00 S.M. Hentges & Sons Inc. $2,738,000.00 Keller Excavating $2,966,425.35 2 A summary of revenue and expenses is shown below Funding Expenses Ames Plan 2040 Sanitary Sewer Utility Infrastructure ARPA Funding $2,881,981 Construction $2,125,500.00 Engineering/Administration $ 318,825.00 Total $2,881,981 $2,444,325.00 Remaining ARPA funding from this project, will be utilized on future eligible projects. ALTERNATIVES: 1. a. Accept the report of bids for the East 13th Street Sanitary Sewer Extension project. b. Approve the final plans and specifications for this project. c. Award the East 13th Street Sanitary Sewer Extension project to On-Track Construction, LLC of Nevada, Iowa, in the amount of $2,125,500. 2. Award the contract to one of the other bidders. 3. Do not proceed with this project. CITY MANAGER’S RECOMMENDED ACTION: This project will extend the sanitary sewer along east of 13th Street, enabling the City of Ames to continue its commitment to promote residential, commercial, and industrial growth in the east and northeastern part of the community. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 1 ITEM #: 42 DATE: 09-26-23 DEPT: P&H COUNCIL ACTION FORM SUBJECT: MAJOR FINAL PLAT FOR JT WAREHOUSE SUBDIVISION BACKGROUND: The City’s subdivision regulations are included in Chapter 23 of the Ames Municipal Code. Once the applicant has completed the necessary requirements, including provision of required public improvements or provision of financial security for their completion, an application for a “Final Plat” may then be made for City Council approval. After City Council approval of the Final Plat, it must then be recorded with the County Recorder to become an officially recognized subdivision plat. The Final Plat must be found to conform to the ordinances of the City and any conditions placed upon the Preliminary Plat approval. Todd Reuter and Jordan Elwell Properties have submitted a Major Subdivision Final Plat for JT Warehouse Subdivision. The Subdivision is located along the south side of East 13th Street and north of the Union Pacific Railroad currently addressed as 4098 East 13th Street, east if I-35. (Attachment A-Location Map). The preliminary plat for this subdivision was approved by City Council on September 12th. The subdivision includes two buildable lots, which include Lot 1 (43.09 acres) & Lot 2 (10.43 acres) with shared stormwater treatment facilities. There are also two Right-Of- Way Lots which include Lot A & B, totaling 1.66 acres. Lots 1 and 2 will both be accessed from East 13th Street. The dedicated area of street lots A & B are consistent with the anticipated future needs of the street and the current dedicated right-of-way easement. The required improvements for the JT Warehouse Subdivision are proposed to be financially secured. A Bond in the amount of $1,121,548 has been provided to secure the public improvements, which include the turn lane paving, sidewalk, water, sanitary sewer and storm sewer facilities within this subdivision and along East 13th Street. The City Council is being asked to accept the signed Improvement Agreement with a Bond for the specified improvements. The amount of the Bond can be reduced by the City Council as the required infrastructure is installed, inspected, and accepted by the City. The Preliminary Plat included three conditions of approval. The first was to defer rural water territory buyout and transfer requirements to final plat approval . The developer has secured a water territory release and transfer of the street right-of-way lots from the Iowa Regional Utility Association (IRUA) to allow for their dedication to the City. The developer requests that City Council accept a deferred schedule for payment of fees to IRUA and release of the remaining territory until development of Lot 1 and Lot 2. Lots 1 & 2 would ultimately be required to be released before any water service by the City is approved 2 according to the City’s rural water territory agreement with IRUA. Staff supports delaying the buyout requirement to individual site development plan approvals since the payment does not come to the City and there is no water service need until development of the site. The Second condition was that the East 13th Street Sewer Extension Project for extension of the trunk line to 570th Street is approved by City Council prior to approval of Final Plat with a condition that any length of sanitary sewer trunk extension that is not included within the City’s approved extension will be the requirement of the propert y owner to connect to the City’s extension and then extend across their property frontage. On the September 26th agenda is a separate item to award the contract for the construction of the sewer. Upon approval of the sewer extension by City Council, the proposed final plat is consistent with the City improvement requirements and the condition of the Preliminary Plat. The Third condition was that any grading and site improvements be subject to conformance to the final storm water plan as approved by the City’s Municipal Engineer. The Public Works Department has confirmed that all final items as part of the storm water plan have been received and approved in accordance with this condition. ALTERNATIVES: 1. Approve the Final Plat of JT Warehouse Subdivision, based upon the staff’s findings that the Final Plat conforms to applicable design standards, ordinances, policies, and plans and approve acceptance of financial security for completion of public improvements and deferral of the water territory buyout requirement with a separate resolution as: A. Approval of a resolution requiring proof of water territory release and transfer of Lots 1 & 2 from IRUA prior to approval of a Site Development Plan for each individual lot. 2. Deny the Final Plat for JT Warehouse Subdivision, by finding that the development does not conform to the subdivision criteria, creates a burden on existing public improvements, requires water territory buyout prior to final plat, or creates a need for new public improvements that have not yet been installed and should not be deferred. 3. Defer action on the item and request more information from staff or the applicant. CITY MANAGER’S RECOMMENDED ACTION: City staff has evaluated the proposed major subdivision plat and determined that the proposal is consistent with the preliminary plat and the and that the plat conforms to the adopted ordinances and policies of the City as required by Code and other agreem ents. Staff is in agreement that the water service territory release must be received prior to 3 approval of a Site Development Plan on each lot. All other conditions from the Preliminary Plat have been satisfied. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1. 4 Attachment A- Location & Zoning Map 5 Attachment B- Final Plat 6 Attachment C- Applicable Regulations Adopted laws and policies applicable to this case file include, but are not limited to, the following: Ames Municipal Code Section 23.302 1 ITEM #: 43 DATE: 09-26-23 DEPT: P&H COUNCIL ACTION FORM SUBJECT: DOWNTOWN URBAN REVITALIZATION AREA ELIGIBILITY CRITERIA - PROPOSED AMENDMENTS BACKGROUND: At the City Council meeting on August 22, 2023, the City Council reviewed stakeholder and public input regarding a wide range of issues related to Downtown investment and redevelopment. In response to this input, the City Council directed staff to draft amendments to the Downtown Urban Revitalization Area eligibility criteria (see Current Criteria in Attachment A) to expand opportunities for property tax abatement related to new improvements. City Council made the following motions pertaining to the Downtown URA: 1. Allow for 3-, 5-, and 10-year tax abatement schedule options, 2. Limit any property that has been identified as a contributing resource within a Local or National Historic District as ineligible for tax abatement if demolished, 3. Request that staff report back with language that expands the opportunity for tax abatement to interior and/or exterior projects with limiting principles as recommended by staff, 4. Request that staff craft a proposal regarding how to integrate energy efficiency as an additional component to the tax abatement eligibility requirement, and 5. Add “Residential” to the list of eligible uses. Additional motions were made by City Council at the same time for information and discussion for other aspects of Downtown development, separate from the tax abatement program. These other referrals are not addressed in this report and will be presented to the Council at a later date. DOWNTOWN URA TAX ABATEMENT PROGRAM: The Downtown tax abatement program has historically been tied to making exterior façade improvements consistent with the adopted Downtown Design Guidelines. These guidelines address both traditional, historic commercial façade design and the design of façades outside of that tradition. 2 If a project within the Downtown URA makes exterior improvements—with or without a City façade grant—it is eligible for partial tax abatement of all improvements made to the building. However, it is important to note that not all improvements to buildings, including façade work, increase the assessed value of the building. Remodeling, adding equipment, and maintenance types of work that do not create new usable space often do not directly increase assessed value. The Downtown URA is focused primarily on supporting trade, restaurant, and entertainment uses as the primary use at street level. The URA does not target office use and other non-trade uses for this incentive on the ground floor unless the business was already existing at the time of the building improvements. Other uses are allowed in the rear of buildings and on upper floors. Focusing on trade uses and not office uses at the ground level is consistent with stakeholder input and City policy for support of Downtown. The proposed Downtown URA criteria maintain this priority for partial property tax abatement eligibility. The Council’s direction in August charged staff to develop specific language to address City Council’s interests of increasing eligibility for tax abatement without necessarily requiring exterior façade improvements. At the same time, City Council wanted to ensure other priorities for maintaining the valuable character of Downtown were not diminished if a property receives tax abatement. Balancing these two issues without mandatory standards in zoning or the URA criteria is difficult. Some concerns that materialized for staff while addressing the proposed changes relate to: 1) Whether nonconforming uses should be incentivized to stay and reinvest, and 2) Whether building types that are wholly inconsistent with traditional Downtown character should also be eligible for incentives based upon interior work only (buildings at the west end of Downtown fall into this category). In response to these issues, the revised criteria prepared by staff declare nonconforming uses to be ineligible. However, all building types would be eligible, with limited exceptions outlined in the criteria. Staff believes that the specific language proposed on Attachment B is consistent with the general direction from August 22. SUMMARY OF PROPOSED CHANGES: The major changes prepared by staff in response to the Council direction are highlighted below: 1. Adding 5- and 10-year sliding scale schedule as an option for applicants (see Attachment C for breakdown schedules), 3 2. Clarifying that only building improvements are eligible, not site improvements, such as parking lots, 3. Clarifying that all allowable uses in the Downtown Service Center Zoning District (DSC) are eligible, but nonconforming uses are ineligible, 4. Prohibiting properties with recently demolished or altered historic buildings ( See Attachment E) from being eligible for 10 years, 5. Design requirements will apply the current Downtown Design Guidelines to construction of a new building. For existing buildings, the front façade can either be compliant with Downtown Design Guidelines or the new improvements do not negatively impact the front façade window and door openings and transparency, i.e. block or fill in openings. 6. No façade work is required to be eligible for abatement. 7. Adding Residential as an eligible use. ENERGY EFFICIENCY COMPONENT: Council directed staff on August 22 to provide information about criteria related to sustainability features. The revised criteria attached do not include a specific requirement related to sustainability features. As written, most improvements that increase building value by 5% or more are eligible regardless of purpose, which would include sustainability features, fire sprinklers, or access improvements, etc. State law, however, exempts items such as solar panels from a property’s assessed value; as such, their installation cannot increase assessed value. Per the City Assessor’s Office, installing energy efficient windows, replacing the insulation, and installing efficient HVAC systems are considered maintenance and do not contribute to an increase in the value of a building. If the Council insists that sustainability be included as part of the mandatory criteria, staff will need further information to understand how to proceed. Specifically, is the Council’s intent to require sustainability improvements with a building renovation, or only with new construction? Is the sustainability improvement meant to be an energy usage reduction from before the renovation (relying upon an energy audit) or is there a specific performance standard that will apply to all projects? Additionally, if the Council’s intent in modifying the tax abatement program was to broaden the range of eligible projects by reducing the eligibility criteria, introducing a mandatory sustainability criterion could prove to have the opposite impact. This could discourage certain reinvestment projects unless such improvements were already being considered by the property owner. 4 Council direction, therefore, is needed. If the intent of the Council’s motion is to include a mandatory criterion for energy efficiency, more time will be needed to address this issue. URA BOUNDARY FOR THE 100 BLOCK OF KELLOGG AVENUE: Although not discussed on August 22, staff believes removing the 100 Block of Kellogg Avenue (between Lincoln Way and the railroad) from the URA may be appropriate (Attachment D). The intersection of Kellogg Avenue and Lincoln Way has historically been considered one of the entryways into Downtown and was added to the façade program and URA in 2011. Since then, however, the City Council has established different goals for the Downtown Gateway area that promote intensification and redevelopment over preservation and incremental change. With the upcoming Linc project on the west side of the Kellogg, all but one of those properties will be integrated into the new development. All the properties on the east side of the street are owned by one entity that intends to redevelop them in the future. Maintaining the Downtown URA in this area with no requirement to obtain a façade grant may inadvertently create a tax abatement incentive that is not consistent with the Downtown Gateway vision. Therefore, staff is proposing to adjust the Downtown URA boundary northward to the railroad (Attachment D). ALTERNATIVES: 1. Set October 10, 2023, as the date of public hearing to approve the amended criteria for the Downtown Urban Revitalization Area as presented in Attachment B and modify the URA map to remove the properties along Kellogg Avenue between the railroad tracks and Lincoln Way. 2. Set October 10, 2023, as the date of public hearing to approve the amended criteria for the Downtown Urban Revitalization Area with modifications to Attachment B and modify the URA map to remove the properties along Kellogg Avenue between the railroad tracks and Lincoln Way. 3. Direct staff to provide additional information and do not set a date of public hearing. CITY MANAGER’S RECOMMENDED ACTION: The Downtown URA was adopted over 20 years ago to achieve reinvestment Downtown and was amended in 2008 and 2011. The City Council provided specific directives to staff on August 22 to amend the tax abatement program to expand eligibility. In response, staff has proposed changes to the eligibility criteria that attempt to balance redevelopment with the maintenance or improvement of Downtown’s character. Staff finds that the proposed 5 language is the most reasonable and broadest eligibility criteria that could accommodate the multiple interests for Downtown. Staff does have some concern that these broad criteria will support reinvestment in buildings that do not have traditional commercial façades that would have previously been ineligible because they did not meet design standards. Staff has included some safeguards in the criteria, but if City Council finds that the proposed criteria listed in Attachment B do not adequately address these concerns, the language would need to be modified. Therefore, presuming the City Council finds the draft standards are consistent with the August 22 direction, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. 6 Attachment A Current Downtown Urban Revitalization Area Eligibility Criteria 1. Properties must be located within the designated Downtown Urban Revitalization Area. AND 2. Improvements must be made to one or more of the facades of a building on the property that follow the current Downtown Design Guidelines for façade improvements as approved by City Council. AND 3. The scope of the work must follow the current Downtown Design Guidelines for façade improvements as approved by City Council. AND 4. If first floor is vacant before the façade improvements are made, then the front half of the first floor is required to have a retail use after the improvements are completed. If the first floor is not vacant before the façade improvements are made, and has a permitted use, then it is eligible. No residential structures are eligible. AND 5. The improvements must be maintained for the three years. 7 Attachment B Proposed Downtown Urban Revitalization Area Tax Exemption Criteria Established under Urban Revitalization Tax Exemption standards of Iowa Code 404. 1. The property must be located within the Downtown URA boundary. 2. Building improvements must be completed, and the building must have a certificate of occupancy from Ames Inspections Division. 3. The minimum value of a building improvement must increase the actual value by 5% or more. Site improvements, e.g. parking lots, landscaping, etc. are not eligible for tax abatement as a building improvement is required. Note – A commercial use is required to have a minimum assessment agreement approved by the City Assessor and the City prior to receiving tax abatement per state law. 4. A property owner may choose either a 3-, 5-, or 10-year sliding schedule of tax abatement. (See Attachment C) Note – Residential properties may have partial tax abatement rates different from commercial uses per requirements of state law. 5. The improvement must be maintained for the life of the tax abatement. 6. Use Eligibility a. Existing Occupied Building – All permitted uses within the DSC zoning district are eligible, including residential. All buildings that include nonconforming uses are ineligible. b. Existing Vacant Building – The ground floor must have a Retail Trade, Restaurant/Entertainment use, or small production facility (e.g. taproom, brewery, distillery, etc.) for the front half of the building. The remaining ground floor area and upper floors may have any of the following uses: retail trade, restaurant, entertainment, household living, or office. c. Building New Construction or Addition (with or without a Parking Structure) – Structure Parking improvements are eligible as an accessory use of a site when the primary building also includes commercial uses on the ground floor as defined for Existing Vacant Building or with City Council preapproval of layout plan for the location and size of commercial space at the ground floor. 8 d. Ineligible uses include nonconforming uses to DSC zoning, institutional, group living, transportation, communication, utility, and miscellaneous uses defined within DSC zoning. 7. Ineligible Properties a. Government-owned properties. b. Properties identified as 1) a local or national historic resource/landmark or 2) properties having a contributing historic resource to a local or national district, where the building (or buildings) has been demolished within the past 10 years or otherwise modified* so that the building(s) are no longer eligible for listing as a historic resource. (Attachment E) * “Otherwise modified” includes alterations to character-defining features that negatively impact the historic integrity of the resource as identified at the time of the approval (either local or the National Register of Historic Places). A building damaged or destroyed by an accidental fire or weather may be pre-approved by City Council as eligible for tax abatement prior to making improvements to a site. 8. Design Requirements At the time of filing of a complete tax abatement application for City approval, the new improvements must be in compliance with the following design requirements as determined by the City: a. Existing Buildings: i. All front façades of an existing building are consistent with the Downtown Façade Design Guidelines. -OR- ii. If there are no façade improvements: 1. No changes are required to the front façade for the improvements, 2. The building must have a front customer entry from the street at ground level, and 3. The improvements to the building have not substantially reduced the ground floor transparency of windows and doors by reducing openings, obscuring the windows or doors with other materials, or replacing the glass with reflective, opaque, 9 translucent, spandrel or other types of glass, tinting or films that reduce transparency. b. New construction, including additions, shall conform to the Downtown Design Guidelines for facades. 10 Attachment C URA Tax Exemption Schedule for 3, 5, and 10 Years All qualified real estate located in the designated Urban Revitalization Area is eligible to receive a partial exemption from taxation on the Actual Value added by the improvements as specified by the schedules below. Any qualified real estate may elect one of the three schedules. The exemption period for ten (10) years. The amount of the partial exemption is equal to a percent of the Actual Value added by the improvements, determined as follows: For the first year 80% Second 70% Third 60% Fourth 50% Fifth 40% Sixth 40% Seventh 30% Eighth 30% Ninth 20% Tenth 20% The exemption period for five (5) years. For the first year 100% Second 80% Third 60% Fourth 40% Fifth 20% The exemption period for three (3) years. All qualified real estate is eligible to receive a 100% exemption on the Actual Value added by the improvements for each of the three years. 11 Attachment D Current Downtown Urban Revitalization Area Eligibility Map Area of Kellogg Avenue Proposed to Be Removed 12 Attachment E National Register Historic District