NOTICE of MEETING of the CITY COUNCIL of the CITY of SIOUX CITY, IOWA City Council Agendas Are Also Available on the Internet At

NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA City Council agendas are also available on the Internet at www.sioux-city.org.

You are hereby notified a meeting of the City Council of the City of Sioux City, Iowa, will be held Monday, August 3, 2020, 4:00 p.m., local time, in the Council Chambers, 5th Floor, City Hall, 405 6th Street, Sioux City, Iowa, for the purpose of taking official action on the agenda items shown hereinafter and for such other business that may properly come before the Council. PUBLIC PARTICIPATION - City Council Meetings are broadcast live on Sparklight Cable, Community Channel 56, and streamed live on YouTube, www.sioux-city.org/councilvideos. Dur- ing this meeting the City is providing an option for you to share your input without personally attending. You may call 712-224-4996 to provide a comment on an Agenda item during the meeting. All calls will be limited to 3 minutes. This is a formal meeting during which the Council may take official action on various items of business. If you wish to speak on an item, please follow the seven participation guidelines adopted by the Council for speakers: 1. Anyone may address the Council on any agenda item. 2. Speakers should approach the microphone one at a time and be recognized by the Mayor. 3. Speakers should give their name, spell their name, give their address, and then their statement. 4. Everyone should have an opportunity to speak. Therefore, please limit your remarks to three minutes on any one item. 5. At the beginning of the discussion on any item, the Mayor may request statements in favor of an action be heard first followed by statements in opposition to the action. 6. Any concerns or questions you may have which do not relate directly to a scheduled item on the agenda will also be heard under ‘Citizen Concerns’. 7. For the benefit of all in attendance, please turn off all cell phones and other communication devices while in the City Council Chambers.

1. Call of the Roll - Silent Prayer and Pledge of Allegiance to the Flag - Proclamations

CONSENT AGENDA

Items 2 through 11D constitute a Consent Agenda. Items pass unanimously unless a separate roll call vote is requested by a Council Member.

2. Reading of the City Council minutes of July 27, 2020.

3. JAG - Resolution approving an Interlocal Agreement with Woodbury County to make application for 2020 Byrne Justice Assistance Grant (JAG) Program funds for the Sioux City Po- lice Department. (GMS Application Number 2020-H7818-IA-DJ)

4. BRIAR CLIFF GRADUATION - Resolution temporarily closing Pierce Street from 5th Street to 6th Street and the adjacent east/west alley between the west end of the Wilbur Aalfs Li- brary to the east end of the Orpheum Theatre beginning at 6:00 a.m. and ending at 5:00 p.m. September 27, 2020 to accommodate the Briar Cliff University outdoor graduation reception.

5. UTILITIES REPAIR - Resolution adopting specifications, form of contract, and estimated cost for the proposed construction of the FY 2021 On-Going Utilities Flatwork Repair Pro- ject. (Project No. 7091-519-264)

6. PEARL ST - Resolution inviting proposals for the granting of an underground electric easement in certain land in the Combined Central Sioux City -CBD Urban Renewal Area, announcing the intent to accept the proposal of MidAmerican Energy Company, fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (Property lying south of 205 Pearl Street)

7. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS

A. ECOENGINEERS - Resolution approving Amendment No. 1 to the Consulting Services Agreement with EcoEngineers of Des Moines, Iowa, for additional professional services in connection with the Renewable Fuels Project at the Wastewater Treatment Plant in an amount not to exceed $15,000.

B. HUMAN RIGHTS - Resolution approving a Cooperative Agreement between the Iowa Civil Rights Commission and the Sioux City Human Rights Commission commencing July 1, 2020 and ending June 30, 2021, for the purposes of cross-filing complaints pursuant to Iowa Code Section 216.19.

C. IAAC - Resolution approving an Independent Contractor Agreement between IAAC, LLC of Aurora, Colorado, and the City of Sioux City, Iowa, for Airport Management Services at the Sioux Gateway Airport/Brigadier General Bud Day Field.

D. MTC MECHANICAL - Resolution awarding and approving a contract to MTC Mechani- cal, LLC of Sioux City, Iowa, in the amount of $42,594 for the 2020 Airport Controls Upgrade Project at the Sioux Gateway Airport / Brigadier General Bud Day Field. (City Project No. 7110-749-107)

E. ABM JANITORIAL - Resolution approving a Contract with ABM Industry Groups, LLC doing business as ABM Janitorial Services of Ralston, Nebraska, for the Janitori- al/Maintenance Services at the Sioux Gateway Airport / Brigadier General Bud Day Field in a monthly amount not to exceed $1,892.77.

F. PUBLIC DEFENSE - Resolution approving a 28E Agreement between the City of Sioux City, Iowa, and the Iowa Department of Public Defense in connection with the Taxiway A Reconstruction (between Taxiway B & C) Project (City Project No. 7121-749-124 / FAA Project No. 03-19-0085-057-2020; ANG Project No. VSSB202001, and IDOT Project No. 9I200SUX100) at the Sioux Gateway Airport / Brigadier General Bud Day Field.

8. ACTIONS AUTHORIZING THE ISSUANCE OF CHECKS

A. REDLINGER BROS - Resolution accepting the work and authorizing final payment to Redlinger Bros. Plumbing & Heating Co. of Watertown, South Dakota, for the Tyson Events Center Cooling Tower Replacement Project. (Project No. 7093-379-010)

B. NELSON - Resolution approving partial settlement of a tort claim and authorizing payment thereof. (Nelson)

9. APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

A. AIRPORT BOARD - Motion appointing Linda Kalin to the Airport Board of Trustees for a three-year term expiring June 30, 2023, replacing Noelle Jacobs.

B. HISTORIC PRESERVATION - Motion reappointing Mark Custer to the Historic Preser- vation Commission for a three-year term expiring June 30, 2023.

C. HISTORIC PRESERVATION - Motion reappointing Johnathan Vodochodsky to the Historic Preservation Commission for a three-year term expiring June 30, 2023.

D. LIBRARY BOARD - Motion appointing Terry Lynn Dahlquist to the Library Board of Trustees for a three-year term expiring June 30, 2023, replacing Hope Schaefer.

E. LIBRARY BOARD - Motion reappointing Jane Vereen to the Library Board of Trustees for a three-year term expiring June 30, 2023.

F. TRANSIT SYSTEM - Motion reappointing Mary Martin to the Transit System Advisory Board for a three-year term expiring June 30, 2023, upon due consideration of the circumstances the City Council waives the policy that no person shall serve more than two consecutive terms.

10. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES

1. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) a. Blue Ribbon Tap and Pearl’s Wine and Booze (Temporary Outdoor Service, August 22-23, 2020) b. Restaurante Campestre, 1800 Pierce Street (Renewal) c. Whiskey Dick’s, 212 Cunningham Drive (Renewal)

B. OFF-PREMISE SALES

1. CLASS B WINE PERMIT (wine only) a. Love’s Travel Stop No. 479, 2525 Singing Hills Boulevard (Renewal) 2. CLASS C BEER PERMIT (beer/wine coolers) a. Love’s Travel Stop No. 479, 2525 Singing Hills Boulevard (Renewal)

11. BOARD, COMMISSION, AND COMMITTEE MINUTES

A. Museum Board of Trustees – June 19, 2020 B. Parking and Skywalk System Board of Trustees – July 15, 2020 C. Planning and Zoning Commission – July 14, 2020 D. Transit System Advisory Board – July 15, 2020

- End of Consent Agenda -

DISCUSSION

12. Resolution awarding a purchase order to Midwest Public Safety LLC of Decatur, Illinois, in the amount of $260,861, for the purchase of 120 body worn camera units and all necessary equipment to operate and maintain the system, including video storage, and all necessary hardware and software to integrate with thirty-seven (37) patrol cars.

13. CITIZEN CONCERNS

14. COUNCIL CONCERNS

15. ADJOURNMENT

City Council agendas are also available at www.sioux-city.org.

The City of Sioux City does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. Individuals who need auxiliary aids for effective communication in programs and services of the City of Sioux City are invited to make their needs and preferences known to the ADA Compliance Officer, City Hall, 405 6th Street, Room 204, (712) 279-6175. This notice is provided as required by Title II of the Americans with Disabilities Act of 1990.

CITY COUNCIL CHAMBERS SIOUX CITY, IOWA JULY 27, 2020

A Closed Session of the City Council was held at 3:45 p.m. The following Council Members were present on call of the roll: Groetken, Moore, Schoenherr, Scott, and Watters (Schoenherr and Watters participated by telephone). Absent: None.

Staff members present included: Robert K. Padmore, City Manager; Nicole M. DuBois, City At- torney; and Heidi Farrens, Deputy City Clerk.

Motion by Scott, seconded by Moore, that Council enter closed session to discuss strategy with Counsel in matters where litigation is imminent and its disclosure would be like- ly to prejudice or disadvantage the position of the City in that litigation; all voting aye.

Motion by Moore, seconded by Groetken, that Council return to open session at 4:01 p.m.; all voting aye.

ADJOURNMENT

There being no further business, the meeting was adjourned at 4:01 p.m., on motion by Scott, seconded by Moore; all voting aye.

ATTEST: ______Lisa L. McCardle, City Clerk Robert E. Scott, Mayor

City Council minutes are available on the Internet at www.sioux-city.org. u:\City Agenda\Minutes and Agendas\Council Minutes\2020\072720csm

DRAFT CITY COUNCIL CHAMBERS SIOUX CITY, IOWA JULY 27, 2020

The City Council Meeting was broadcast live on Sparklight Cable, Community Channel 56, and streamed live on YouTube from the City’s website, www.sioux-city.org/councilvideos. Public attendance was allowed but limited by social distancing guidelines, the public is encouraged to continue to participate by phone whenever possible by calling (712) 224-4996.

1. The Regular Meeting of the City Council was held at 4:02 p.m. The following Council Mem- bers were present on call of the roll: Groetken, Moore, Schoenherr, Scott, and Watters (Schoenherr and Watters participated by telephone). Absent: None.

Staff members present included: Robert K. Padmore, City Manager; Nicole M. DuBois, City At- torney; Steven Postolka, Assistant City Attorney; and Heidi Farrens, Deputy City Clerk.

Mayor Scott read a commendation for Mike Morin for his efforts, hard work, and generous dona- tion at Grandview Park; Mike Morin accepted the commendation. Mayor Scott, on behalf of the City Council, proclaimed July 26 through August 1, 2020 as “Americans with Disabilities Act Awareness Week” in Sioux City; Karen Mackey, Human Rights Director, accepted the procla- mation.

2. The Council interviewed Terry Lynn Dahlquist for positions on the Library Board of Trustees and Seniors Advisory Committee.

CONSENT AGENDA

Motion by Scott, seconded by Moore, to adopt the Consent Agenda; all voting aye. Items 3 through 9B are approved unanimously unless specifically noted after the item.

3. Reading of the City Council minutes of July 20, 2020.

Reading of the minutes of July 20, 2020, was waived and as part of the consent agenda the minutes were approved as presented.

4. CAR SHOW - Resolution temporarily closing 4th Street from Virginia Street to Floyd Boule- vard, Court Street from 3rd Street to 5th Street and Iowa Street from 3rd Street to 5th Street beginning at 10:00 a.m. and ending at 6:00 p.m. August 8, 2020 for the Historic 4th Street Classic Car Show and Cruise fundraiser. 2020-0548

5. TRANSIT - Resolution approving and accepting Transit Joint Participation Agreement No. STA-FORM-705-SFY21 with the Iowa Department of Transportation for a State Transit As- sistance (STA) Grant in the amount of $371,751 for operating or capital expenses required for support of public transit services. 2020-0549

6. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS

A. CERTIFIEDDRAFT TESTING - Resolution approving a Service Provider Agreement with Certi- fied Testing Services of Sioux City, Iowa to provide construction materials testing in connection with the Chris Larsen Park Riverfront Development Project in an amount not to exceed $74,125. 2020-0550

B. IDOT - Resolution approving Predesign Agreement No. 2021-P-005 with the Iowa De- partment of Transportation for the study of improvements to the Bacon Creek Conduit within the IA12 (Gordon Drive) Right-of-Way Project. (IDOT Project No. NHSX-012- 1(38)--3H-97) 2020-0551

7. ACTIONS AUTHORIZING THE ISSUANCE OF CHECKS

A. GRUNDMAN HICKS - Resolution approving Change Order No. 1, accepting the work and authorizing final payment to Grundman Hicks, LLC for the north primary clarifier skimming mechanism repairs at the Wastewater Treatment Plant. 2020-0552

B. SUBSURFCO - Resolution accepting the work and authorizing final payment to SuB- Surfco, LLC for the South St. Aubin Alley Storm Sewer Improvements Project. (Project No. 6997-549-101) 2020-0553

Scott abstained on the item due to a conflict of interest.

C. COUGHLIN LANDSCAPING - Resolution accepting the work and authorizing final payment to Coughlin Landscaping, Inc. for the 2020 SUX Landscaping Project at the Sioux Gateway Airport/Brigadier General Bud Day Field. 2020-0554

8. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES

1. CLASS B LIQUOR LICENSE (Hotel/Motel; liquor/wine/beer/wine coolers/carry-out) a. The Warrior Hotel, 525 6th Street (New) 2. CLASS B BEER PERMIT (beer/carry-out beer/wine coolers) a. Tacos El Guero, 525 Pearl Street (Renewal) 3. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) a. Teaser Gentlemens Club, 1127 4th Street (Renewal) b. Tyson Event Center, 401 Gordon Drive (Temporary Outdoor Service for Hump Day Happy Hour Events; July 29, 2020; August 5, 12, 19, and 26, 2020)

B. OFF-PREMISE SALES

1. CLASS B NATIVE WINE PERMIT (Iowa wine only) a. Casey’s General Store No. 2889, 3051 Floyd Boulevard (Renewal) 2. CLASS C BEER PERMIT (beer/wine coolers) a. Casey’s General Store No. 2889, 3051 Floyd Boulevard (Renewal)

9. BOARD, COMMISSION, AND COMMITTEE MINUTES

A. Active Transportation Advisory Committee – February 19, 2020 B. Airport BoardDRAFT of Trustees – May 28 and June 18, 2020

- End of Consent Agenda -

RECOMMENDATIONS OF PLANNING AND ZONING

10. Resolution accepting and approving the Final Plat of Herfels Addition to Sioux City, Wood- bury County, Iowa, a Replat of Part of Lots 1, 2, and 3, Block 5, North Sioux City, an Addi- tion to Sioux City, Woodbury County, Iowa. (Petitioner: Kelly Construction, Inc.) The Plan- ning and Zoning Commission recommends approval of this item. (File No. 2020-0050) 2020-0555

Motion by Scott, seconded by Moore, to adopt the proposed resolution; all voting aye.

HEARINGS

11. Hearing and Resolution accepting the proposal of MidAmerican Energy Company for the granting of an underground electric easement in certain land in the Combined Central Sioux City -CBD Urban Renewal Area. (101 ½ Pierce Street) 2020-0556

Motion by Scott, seconded by Moore, to open the hearing and adopt the proposed resolution. No citizen input was received and the hearing was closed; all voting aye.

12. Hearing and Resolution accepting the proposal of MidAmerican Energy Company for the granting of underground electric easements in certain land in the Combined Central Sioux City -CBD Urban Renewal Area and rescinding all conflicting resolutions. (220 Pierce Street and 225 Nebraska Street) 2020-0557

Motion by Scott, seconded by Moore, to open the hearing and adopt the proposed resolution. No citizen input was received and the hearing was closed; all voting aye.

DISCUSSION

13. Resolution approving Amendment No. 8 to the Consulting Services Agreement with Smith- Group, Inc. of Madison, Wisconsin, for design and engineering services for a preliminary Pedestrian Bridge Concept in connection with the Chris Larsen Park Riverfront Develop- ment Project in a lump sum amount of $59,000. (Deferred from May 18, 2020) (Deferred from June 8, 2020) (Deferred from July 6, 2020) (Motion requested to delete this item)

Matt Salvatore, Parks and Recreation Director, provided information on the item.

Motion by Scott, seconded by Moore, to delete the item; all voting aye.

14. Resolution approving an Independent Contractor Agreement between IAAC, LLC of Aurora, Colorado, and the City of Sioux City, Iowa, for Airport Management Services at the Sioux Gateway Airport / Brigadier General Bud Day Field.

Mike Collett, Assistant City Manager, provided information on the item. DRAFT Motion by Moore, seconded by Groetken, to delete the item; all voting aye.

15. CITIZEN CONCERNS

Kelsey Anderson, 3333 Concordia Drive; and Jeanette Hopkins, 617 Pierce Street, spoke in support of local and state mask requirements.

David Flores, 914 Court Street, requested communication and comment from City leaders regarding issues facing Sioux City residents and recent events involving interactions with the Po- lice Department.

16. COUNCIL CONCERNS

Moore encouraged citizens to complete the census. The extended deadline for completion is October 31, 2020.

17. ADJOURNMENT

There being no further business, the meeting was adjourned at 4:29 p.m., on motion by Scott, seconded by Moore; all voting aye.

ATTEST: ______Lisa L. McCardle, City Clerk Robert E. Scott, Mayor

City Council minutes are available on the Internet at www.sioux-city.org. u:\City Agenda\Minutes and Agendas\Council Minutes\2020\072720m

DRAFT x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 3, 2020 ACTION ITEM # 3 FROM: Captain Marti Reilly, Police Department

Resolution approving an Interlocal Agreement with Woodbury County to make application for 2020 Byrne Justice Assistance Grant (JAG) Program SUBJECT: funds for the Sioux City Police Department. (GMS Application Number 2020-H7818-IA-DJ)

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully request the City Council approve the Interlocal Agreement with Woodbury County.

DISCUSSION: The Interlocal Agreement is required by both federal and state authorities as a condition to receive Byrne Grant (JAG) funding. According to these authorities the funding amount of $40,330.00 must be shared between the City and the County. Per the Interlocal Agreement, the amount is divided equally between the City and the County. The Sioux City Police De- partment will receive $20,165.00 to be used to purchase needed equipment.

FINANCIAL IMPACT: No matching funds required.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibilities – Health and Safety “We will enhance public health and safety by maximizing the utilization of technology, improve community engagement, and improve communications and facilities.”

ALTERNATIVES: None

ATTACHMENTS: Resolution Interlocal Agreement. RESOLUTION NO. 2020 - ______with attachments

RESOLUTION APPROVING AN INTERLOCAL AGREEMENT WITH WOOD- BURY COUNTY TO MAKE APPLICATION FOR 2020 BYRNE JUSTICE ASSIS- TANCE GRANT (JAG) PROGRAM FUNDS FOR THE SIOUX CITY POLICE DEPARTMENT. (GMS APPLICATION NUMBER 2020-H7818-IA-DJ)

WHEREAS, an application for the 2020 Byrne Justice Assistance Grant (JAG) Program has to be made jointly with Woodbury County as required by State regulations; and

WHEREAS, as a requirement by the U.S. Department of Justice, there must be a memorandum of understanding between the City of Sioux City and Woodbury County as to the division of funds; and

WHEREAS, there is attached hereto and by this reference made a part hereof, an Interlocal Agreement between the City of Sioux City and Woodbury County, Iowa for the equal division of 2020 Byrne Justice Assistance Grant (JAG) Program funds for the Sioux City Police Depart- ment; and

WHEREAS, the City of Sioux City and Woodbury County find that the execution of this Interlocal Agreement is in the best interest of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services of functions under this Interlocal Agreement.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the Interlocal Agreement between the City of Sioux City and Woodbury County, Iowa in connection with the application for the 2020 Byrne Justice Assistance Grant (JAG) Program, be and the same is hereby approved.

BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to execute said Interlocal Agreement for and on behalf of the City.

PASSED AND APPROVED: August 3, 2020 Robert E. Scott, Mayor

ATTEST: Heidi Farrens, Deputy City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 3, 2020 ACTION ITEM # 4 FROM: Angel Wallace, Parks and Recreation Manager

Resolution temporarily closing Pierce Street from 5th Street to 6th Street and the adjacent east/west alley between the west end of the Wilbur Aalfs SUBJECT: Library to the east end of the Orpheum Theatre beginning at 6:00 a.m. and ending at 5:00 p.m. September 27, 2020 to accommodate the Briar Cliff University outdoor graduation reception.

Department Finance De- City City Man- Reviewed By: x x x x Director partment Attorney ager

RECOMMENDATION: Staff respectfully requests and recommends the City Council approve the resolution requesting temporary street and alley closures for the Briar Cliff University outdoor graduation reception.

DISCUSSION: Briar Cliff University requests the temporary closure of Pierce Street from 5th Street to 6th Street and the adjacent east/west alley from the west end of the Wilbur Aalfs Library to the east end of the Orpheum Theatre, September 27, 2020 from 6:00 a.m. to 5:00 p.m. to accommodate their outdoor graduation reception. This street and alley closure request has been successfully utilized for various events at the location for several years.

The City Council previously approved the temporary street and alley closures for May 10, 2020, pursuant to Resolution No. 2020-0114. Due to the ongoing pandemic of coronavirus disease, Briar Cliff University postponed their May 10, 2020 outdoor graduation reception. They have now re-scheduled their outdoor graduation for September 27, 2020.

The Special Event packet has been completed and routed to the required city departments for approval. All necessary permits will be obtained by the organization. To promote safe community events, we propose to temporarily close these rights-of-way for the period specified.

FINANCIAL IMPACT: N/A

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Explore Destination Sioux City Focus Area - Grow Sioux City Pride

ALTERNATIVES: Deny the request for street and alley closures and direct the event coordinator to seek an alternative location.

ATTACHMENTS: Resolution Map

RESOLUTION NO. 2020 - ______

RESOLUTION TEMPORARILY CLOSING PIERCE STREET FROM 5TH STREET TO 6TH STREET AND THE ADJACENT EAST/WEST ALLEY BETWEEN THE WEST END OF THE WILBUR AALFS LIBRARY TO THE EAST END OF THE ORPHEUM THEATRE BEGINNING AT 6:00 A.M. AND ENDING AT 5:00 P.M. SEPTEMBER 27, 2020 TO ACCOMMODATE THE BRIAR CLIFF UNIVERSITY OUTDOOR GRADUATION RECEPTION.

WHEREAS, on February 10, 2020, pursuant to Resolution No. 2020-0114, the City Council approved temporary street and alley closures to accommodate the Briar Cliff University outdoor graduation reception scheduled for May 10, 2020; and

WHEREAS, due to the ongoing pandemic of coronavirus disease, Briar Cliff University postponed their May 10, 2020 outdoor graduation reception; and

WHEREAS, Briar Cliff University has now re-scheduled their outdoor graduation to September 27, 2020; and

WHEREAS, the outdoor graduation reception involves the temporary closure of Pierce Street from 5th Street to 6th Street and the adjacent east/west alley between the west end of the Wilbur Aalfs Library to the east end of the Orpheum Theatre beginning at 6:00 a.m. and ending at 5:00 p.m. September 27, 2020.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Pierce Street from 5th Street to 6th Street and the adjacent east/west alley between the west end of the Wilbur Aalfs Library to the east end of the Orpheum Theatre be and the same are hereby temporarily closed beginning at 6:00 a.m. and ending at 5:00 p.m. September 27, 2020 to accommodate the Briar Cliff University outdoor graduation reception.

PASSED AND APPROVED: August 3, 2020 Robert E. Scott, Mayor

ATTEST: Heidi Farrens, Deputy City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 3, 2020 ACTION ITEM # 5 Gordon Phair, City Engineer FROM: Justin Pottorff, Civil Engineer

Resolution adopting specifications, form of contract, and estimated cost SUBJECT: for the proposed construction of the FY 2021 On-Going Utilities Flatwork Repair Project (Project No. 7091-519-264).

Department Finance De- City City Man- Reviewed By: x x x x Director partment Attorney ager

RECOMMENDATION: Staff respectfully requests Council adopt specifications, form of contract, and estimated cost for the proposed construction of the FY 2021 On-Going Utilities Flatwork Repair Project (Pro- ject No. 7091-519-264).

DISCUSSION: The City Engineering Division has completed specifications for the FY 2021 On-Going Utilities Flatwork Repair Project. This project includes the replacement of damaged or undermined paving following utility failures. This project is not intended to replace emergency contracts for large pavement replacement projects but is intended to allow Staff to ensure that smaller failure areas are quickly replaced following the repair of Utility failures. This project will be in effect until June 30, 2021 and will not exceed the cost of $250,000 and all work will be started prior to that date. If this approach is successful, Staff may seek to renew it annually.

Staff is ready to publish the Notice of Public Hearing on August 8, 2020 and August 15, 2020 and advertise the Notice to Bidders on August 5, 2020. A public hearing will be held on August 17, 2020. Bids will be received on August 18, 2020. Each site as identified will have a number of working days assigned based on the amount of work completed.

FINANCIAL IMPACT: This project is funded using 519-264 using water, storm water and road use funds. The maximum award will be $250,000. The project currently has an available balance of $250,000.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Infrastructure Focus Area – Grow Sioux City

ALTERNATIVES: Council may request changes to the project documents or schedule.

ATTACHMENTS: Resolution Public Notice of Taking Bids Notice of Public Hearing

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION ADOPTING SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PROPOSED CONSTRUCTION OF THE FY 2021 ON-GOING UTILITIES FLATWORK REPAIR PROJECT (PROJECT NO. 7091- 519-264).

WHEREAS, it is necessary and in the best interests of the City of Sioux City, Iowa to construct the FY 2021 On-Going Utilities Flatwork Repair Project, in Sioux City, Iowa; and

WHEREAS, the City Engineering Division have prepared the specifications, form of contract, and estimated cost.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA:

A. The specifications, form of contract, and estimated cost, as prepared by the City Engineering Division and on file in the office of the City Clerk of the City of Sioux City, Iowa, for the proposed construction of the FY 2021 On-Going Utilities Flatwork Repair Project, in Sioux City, Iowa, be and the same are hereby adopted and the time of 4:00 P.M., Local Time, August 17, 2020, in the City Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa, be, and the same is hereby fixed as the time and place for a public hearing on the same as required by law, at which hearing any interested person may appear and file objections to the proposed plans, specifications, form of contract and estimated cost to not exceed $250,000 for said improvements.

B. The bids will be received by the City Clerk of the City of Sioux City, Iowa, at the Customer Service Center located on First Floor in City Hall, 405 Sixth Street, in said City until 1:00 P.M., Local Time, August 18, 2020 for the proposed construction of said improvements.

C. The time of 1:00 P.M., Local Time, August 18, 2020, in the Fourth Floor Clock Tower Conference Room in City Hall, 405 Sixth Street, Sioux City, Iowa, be and it is hereby fixed as the time and place for the opening of bids for the proposed construction of said improvements, and said bids shall be considered and acted upon at a meeting of the City Council in the City Council Chambers thereafter.

D. The City Clerk of the City of Sioux City, Iowa shall cause the attached Notice of Taking Bids to be posted in a relevant contractor plan room service with statewide circulation, and a relevant construction lead generating service with statewide circulation in a manner prescribed by law.

E. The City Clerk of the City of Sioux City, Iowa shall cause the attached Notice of Taking Bids to be posted on the City’s Engineering website, located at https://sioux-city.org/engineering.

F. The City Clerk of the City of Sioux City, Iowa, shall cause the attached Notice of Public Hearing to be given by publication in at least one newspaper of general circulation in the manner prescribed by law.

PASSED AND APPROVED: August 3, 2020 Robert E. Scott, Mayor

ATTEST: Heidi Farrens, Deputy City Clerk NOTICE OF TAKING BIDS FOR THE CONSTRUCTION OF THE FY 2021 ON- GOING UTILITIES FLATWORK REPAIR PROJECT (PROJECT NO. 7091-519- 264), IN SIOUX CITY, IOWA.

Sealed bids will be received by the City of Sioux City City Clerk, at the Customer Service Center located on First Floor in City Hall, 405 Sixth Street, in Sioux City Iowa, until 1:00 P.M., Local Time, August 18, 2020, for the construction of the project, as described in the construction documents. The project locations are unknown as the project will be the repair of paving damaged by utility failures.

Bids received will be opened and tabulated at a public meeting, presided over by a City Engi- neer, in the 4th Floor Clock Tower Conference Room in the Public Works Department, City Hall, at 1:00 P.M., Local Time, on August 18, 2020. Thereafter, bids will be acted upon by the City Council at such time and place as may be fixed.

Each bid must be made on a form furnished by the City and must be accompanied by a bid bond, a cashier’s check or certified check of an Iowa bank or a bank chartered under the laws of the United States, or a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, in an amount equal to ten percent (10%) of the amount of the bid, made payable to the City Treasurer of the City of Sioux City, Iowa. The check or draft may be cashed by the City Treasurer as liquidated damages in the event the successful bidder fails to enter into a contract within the ten (10) days after notice of award and post bond satisfactory to the City ensuring the faithful fulfillment of the contract.

The contract will be awarded to the lowest responsive, responsible bidder. However, the City reserves the right to reject any or all bids, readvertise for new bids and to waive informalities that may be in the best interest of the City. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the state of Iowa and to Iowa domestic labor.

The Notice of Public Hearing will be published in the Sioux City Journal on August 8, 2020 and August 15, 2020.

The work on this project shall begin upon receipt of a work order from the Engineer and the number of working days will be set by the work order for each location.

Specifications for this project shall be the 2020 version of the Iowa Statewide Urban Standard Specifications for Public Improvements modified in accordance with the 2020 version of the City of Sioux City Supplement.

Copies of said construction documents are available at the office of the City Clerk of Sioux City for examination by the public. The documents are also available for viewing by the public, or sub-contractors, or suppliers, on the City’s Engineering website, under the Projects Out to Bid tab www.sioux-city.org/engineering. Construction documents for private use, or potential prime contractors may be obtained online at questcdn.com at no charge, or hard copy from the Pur- chasing Division, City Hall, upon deposit of fifty dollars ($50) via check or money order for each set. The deposit will be returned to depositor if the construction documents are returned in good condition within fourteen (14) days from date of award.

/s/ Heidi Farrens _ Deputy City Clerk of the City of Sioux City, Iowa

Post on the Construction Update Plan Room Network’s website at www.mbionline.com and on the City’s website at www.sioux-city.org/engineering on August 5, 2020.

NOTICE OF PUBLIC HEARING ON SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COSTS FOR THE CONSTRUCTION OF THE FY 2021 ON-GOING UTILITIES FLATWORK PROJECT (PROJECT NO. 7091- 519-264), IN SIOUX CITY, IOWA.

A public hearing will be held before the Sioux City City Council in the Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa, on August 17, 2020 commencing at 4:00 P.M., Local Time, on the proposed specifications, form of contract, and estimate of cost to not exceed the amount of $250,000.00, (the construction documents) for the construction of the FY 2021 On-Going Utilities Flatwork Project in Sioux City, Iowa. At said hearing, any interested person may appear and file objections to the specifications, contract, or estimated cost of the public improvement. The public improvement project is located in Sioux City and includes the replacement of paving following utility failures as they occur through Sioux City.

/s/ Heidi Farrens, _ Deputy City Clerk of the City of Sioux City, Iowa

Publish in the Sioux City Journal August 8, 2020 and August 15, 2020. x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 3, 2020 ACTION ITEM # 6 FROM: Jeff Hanson, Community Development Operations Manager (SW)

Resolution inviting proposals for the granting of an underground electric easement in certain land in the Combined Central Sioux City -CBD Urban Re- SUBJECT: newal Area, announcing the intent to accept the proposal of MidAmerican Energy Company, fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (Property lying south of 205 Pearl Street)

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests Council approve the proposed resolution.

DISCUSSION: On the agenda for Monday is a resolution proposing to grant an Underground Electric Ease- ment to MidAmerican Energy Company on the City owned parcel lying south of 205 Pearl Street.

A Letter of Intent to grant the Underground Electric Easement was issued by the City Manager on April 18, 2019 due to the construction of the Hard Rock Casino and Tyson Events Center Parking Garage. The granting of the Underground Electric Easement was delayed due to an error in the legal description on a Quit Claim Deed from Railroad Properties LLC to the City. The legal description on that Quit Claim Deed has been corrected and a corrective Quit Claim Deed recorded. Today’s action formally starts the process to grant the Underground Electric Easement to MidAmerican Energy Company by scheduling a public hearing for September 14, 2020. This area is in the Combined Central Sioux City – CBD Urban Renewal Area.

FINANCIAL IMPACT: The amount of $1.00 will be received at time of closing.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility - Infrastructure Focus Area – Expand Development Opportunities and Grow Sioux City

ALTERNATIVES: Do not approve the resolution

ATTACHMENTS: Proposed Resolution Letter of Intent Aerial RESOLUTION NO. 2020 - ______with attachments

RESOLUTION INVITING PROPOSALS FOR THE GRANTING OF AN UNDERGROUND ELECTRIC EASEMENT IN CERTAIN LAND IN THE COMBINED CENTRAL SIOUX CITY -CBD URBAN RENEWAL AREA, ANNOUNCING THE INTENT TO ACCEPT THE PROPOSAL OF MIDAMERICAN ENERGY COMPANY, FIXING THE DATE FOR RECEIPT OF PROPOSALS, AND FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF. (PROPERTY LYING SOUTH OF 205 PEARL STREET)

WHEREAS, in furtherance of the objectives of Chapter 403 of the Code of Iowa, the City of Sioux City, Iowa, has undertaken a program of redevelopment of blighted areas in the City, and in this connection, has instituted the Combined Central Sioux City -CBD Urban Renewal Area; and

WHEREAS, MidAmerican Energy Company has submitted to the City a proposal to acquire an underground electric easement in a portion of the project area described as follows:

DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA:

THAT PART OF TAX LOT A OF THE AUDITOR'S PLAT OF RIVERFRONT, SIOUX CITY EAST ADDITION, SIOUX CITY, WOODBURY COUNTY, IOWA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF BLOCK 30 OF SAID SIOUX CITY EAST ADDITION; THENCE SOUTH 0°30'47" WEST ALONG THE WEST LINE OF PEARL STREET FOR 20.00 FEET; THENCE NORTH 89°28'37" WEST FOR 136.11 FEET; THENCE SOUTH 0°31'23" WEST FOR 9.33 FEET; THENCE NORTH 89°28'37" WEST FOR 18.00 FEET; THENCE NORTH 0°31'23" EAST FOR 9.33 FEET; THENCE NORTH 89°28'37" WEST FOR 11.42 FEET; THENCE NORTH 0°26'23" EAST FOR 20.00 FEET TO THE SOUTHEAST CORNER OF LOT 6 OF SAID SIOUX CITY EAST ADDITION; THENCE SOUTH 89°28'37" EAST ALONG THE SOUTH LINE OF SAID BLOCK 30 FOR 165.56 FEET TO THE POINT OF BEGINNING.

EASEMENT AREA:

AN UNDERGROUND ELECTRIC EASEMENT DESCRIBED AS FOLLOWS:

THE EASEMENT CORRIDORS SHALL BE FIFTEEN FEET (15’) IN WIDTH, THE CENTERLINE OF WHICH SHALL BE THE LOCATION OF THE FACILI- TIES AS INSTALLED; a copy of which proposal is attached hereto and on file in the office of the City Clerk; and

WHEREAS, Section 403.8 of the Code of Iowa authorizes the City to invite proposals from and make available all pertinent information to all parties interested in obtaining property in an urban renewal area under such reasonable competitive bidding procedures as it shall prescribe; and

WHEREAS, the City Council believes that it is in the public interest to grant said underground electric easement in said property and that proposals be sought from parties who had not expressed their interest prior to this offering; and

WHEREAS, the City wishes to announce its intent to accept the proposal of MidAmerican Energy Company in the absence of any more favorable offer in response to the invitation made herein; and

WHEREAS, further information should be made available to any other interested parties; and

WHEREAS, any additional proposals should be submitted to the Real Estate Office, Room 304, City Hall, 405 Sixth Street, Sioux City, Iowa, by 1:00 p.m., local time, September 14, 2020; and

WHEREAS, a Notice of Invitation for Proposals and of Intention to Accept Proposal and of a Public Hearing, a copy of which is attached hereto and by this reference incorporated herein, should be approved as to form and content and its publication authorized and directed.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Public Notice attached hereto is hereby approved as to form and content and its publication is hereby authorized and directed.

BE IT FURTHER RESOLVED that the City hereby announces and fixes a public hearing on said proposal on September 14, 2020, at the regularly scheduled council meeting and fixes the date of September 14, 2020 at 1:00 p.m., local time, as the last day upon which proposals can be received by the City.

PASSED AND APPROVED: August 3, 2020 Robert E. Scott, Mayor

ATTEST: Heidi Farrens, Deputy City Clerk PUBLIC NOTICE OF INVITATION FOR PROPOSALS AND OF INTENT TO ACCEPT PROPOSAL AND OF PUBLIC HEARING

NOTICE is hereby given that there is now on file in the office of the City Clerk located at the Customer Service Center on First Floor of City Hall, 405 6th Street, Sioux City, Iowa, a resolution under and by virtue of which the City of Sioux City, Iowa, invites proposals for the granting of an underground electric easement in certain land in the Combined Central Sioux City - CBD Urban Renewal Project Area; and under and by virtue of which the City has expressed an intent to accept the proposal as submitted by MidAmerican Energy Company, a copy of which is on file in the office of the City Clerk. Said Invitation for Proposals and said proposal concerns the following described real property:

DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA:

THAT PART OF TAX LOT A OF THE AUDITOR'S PLAT OF RIVERFRONT, SIOUX CITY EAST ADDITION, SIOUX CITY, WOODBURY COUNTY, IOWA, DESCRIBED AS FOLLOWS:

EASEMENT AREA:

AN UNDERGROUND ELECTRIC EASEMENT DESCRIBED AS FOLLOWS:

THE EASEMENT CORRIDORS SHALL BE FIFTEEN FEET (15’) IN WIDTH, THE CENTERLINE OF WHICH SHALL BE THE LOCATION OF THE FACILITIES AS INSTALLED.

Full information as to the form and content of bid documents, requirements to be met by bidders, and as to bidding procedures is available at the office of the Real Estate Office, Room 304, City Hall, 405 Sixth Street, Sioux City, Iowa.

Any person interested in obtaining an underground electric easement in said real estate should submit a completed proposal to the Real Estate Office, Room 304, City Hall, 405 Sixth Street, Sioux City, Iowa no later than 1:00 p.m., local time, on September 14, 2020.

The right is reserved by the City to accept or reject any or all proposals, and to waive formalities in any procedures set forth herein. Documents to be completed may be obtained from the Real Estate Office without charge.

A public hearing will be held concerning any qualified proposals received and concerning the acceptance of the proposal as submitted by MidAmerican Energy Company for the granting of an underground electric easement in said property. Said public hearing will be at the regularly scheduled city council meeting in the Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa, on September 14, 2020, at 4:00 p.m., local time, or as soon thereafter as the matter can be reached for hearing.

Published by order of the City Council of Sioux City, Iowa.

CITY OF SIOUX CITY, IOWA

BY: HEIDI FARRENS DEPUTY CITY CLERK

Published in the Sioux City Journal August 8, 2020

x Regular Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 3, 2020 ACTION ITEM # 7A Mark Simms, Utilities Director FROM: Yang Oh Jin, Utilities Program Manager

Resolution approving Amendment No. 1 to the Consulting Services Agreement with EcoEngineers of Des Moines, Iowa for additional profes- SUBJECT: sional services in connection with the Renewable Fuels Project at the Wastewater Treatment Plant in an amount not to exceed $15,000.00.

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests Council approve Amendment No. 1 to the Consulting Services Agreement with EcoEngineers for additional professional services in connection with Renew- able Fuels Project at the Wastewater Treatment Plant in an amount not to exceed $15,000.00.

DISCUSSION: The City entered into a Consulting Services Agreement in an amount not to exceed $23,500.00 with EcoEngineers on January 11, 2019. This agreement includes assistance with preliminary carbon intensity (CI) modeling, a RIN generator compliance guide, and general renewable energy consulting services to guide the City through its ongoing Renewable Fuels Project. Amendment No. 1 addresses implementation issues, registration questions, ongoing compliance questions, and any other assistance with questions on the project.

FINANCIAL IMPACT: This Amendment will be paid out of operating fund 520-2301-452.2003 “Professional and Technical Services”.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Infrastructure Focus Area – Grow Sioux City

ALTERNATIVES: City Council may deny this amendment.

ATTACHMENTS: Resolution Amendment No. 1

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION APPROVING AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT WITH ECOENGINEERS OF DES MOINES, IOWA FOR ADDITIONAL PROFESSIONAL SERVICES IN CONNECTION WITH THE RENEWABLE FUELS PROJECT AT THE WASTEWATER TREATMENT PLANT IN AN AMOUNT NOT TO EXCEED $15,000.00.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that Amendment No. 1 to the Consulting Services Agreement, a copy of which is attached hereto and by this reference made a part hereof, with EcoEngineers of Des Moines, Iowa for additional professional services in connection with the Renewable Fuels Project at the Wastewater Treat- ment Plant be and the same is hereby approved in an amount not to exceed $15,000.00.

BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized and directed to execute said Amendment No. 1 for and on behalf of the City.

PASSED AND APPROVED: August 3, 2020 Robert E. Scott, Mayor

ATTEST: Heidi Farrens, Deputy City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 3, 2020 ACTION ITEM # 7B FROM: Karen Mackey, Executive Director, Sioux City Human Rights Commission

Resolution approving a Cooperative Agreement between the Iowa Civil Rights Commission and the Sioux City Human Rights Commission com- SUBJECT: mencing July 1, 2020 and ending June 30, 2021, for the purposes of cross- filing complaints pursuant to Iowa Code Section 216.19.

Department Finance De- City City Man- Reviewed By: x x x x Director partment Attorney ager

RECOMMENDATION: Staff respectfully requests the City Council accept the FY 2021 Cooperative Agreement between the Iowa Civil Rights Commission and the Sioux City Human Rights Commission per Iowa Code Section 216.19. This Cooperative Agreement runs from July 1, 2020 through June 30, 2021.

DISCUSSION: The purpose of this Cooperative Agreement is to ensure efficient, effective and coordinated state-local enforcement of civil rights laws. The Cooperative Agreement outlines a payment schedule for case intakes and for case resolutions.

This is an annual Cooperative Agreement that the Iowa Civil Rights Commission enters into with the Sioux City Human Rights Commission.

FINANCIAL IMPACT: The Sioux City Human Rights Commission will receive from the Iowa Civil Rights Commission $500 for each housing intake referred within 7 days and cross-filed with HUD; $250 for each employment intake referred within 30 days and cross-filed with the EEOC; $125 for each intake not eligible for cross-filing.

The Sioux City Human Rights Commission will receive from the Iowa Civil Rights Commission $250 for each housing intake referred greater than 7 days but within 30 days and cross-filed with HUD; $150 for each employment intake referred greater than 30 days but within 60 days and cross-filed with the EEOC; $75 for each intake not eligible for cross-filing.

The Sioux City Human Rights Commission will receive from the Iowa Civil Rights Commission $325 for each case resolution within 180 days and cross-filed with the EEOC; $100 for each resolution not eligible for cross-filing.

The Sioux City Human Rights Commission will receive from the Iowa Civil Rights Commission $200 for each case resolution greater than 180 days but within 600 days and cross-filed with the EEOC; $50 for each resolution not eligible for cross-filing.

ALTERNATIVES: Not accept the FY 2021 Cooperative Agreement, but staff does not recommend that.

ATTACHMENTS: Resolution Cooperative Agreement between Sioux City Human Rights Commission and Iowa Civil Rights Commission

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION APPROVING A COOPERATIVE AGREEMENT BETWEEN THE IOWA CIVIL RIGHTS COMMISSION AND THE SIOUX CITY HUMAN RIGHTS COMMISSION COMMENCING JULY 1, 2020 AND ENDING JUNE 30, 2021, FOR THE PURPOSES OF CROSS-FILING COMPLAINTS PURSUANT TO IOWA CODE SECTION 216.19.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the attached Cooperative Agreement between the Iowa Civil Rights Commission and the Sioux City Human Rights Commission commencing July 1, 2020 and ending June 30, 2021 for the purposes of cross-filing complaints pursuant to Iowa Code Section 216.19, be and the same is hereby approved as to form and content and the Mayor be and he is hereby authorized and directed to execute said Cooperative Agreement for and on behalf of the City of Sioux City, Iowa.

PASSED AND APPROVED: August 3, 2020 Robert E. Scott, Mayor

ATTEST: Heidi Farrens, Deputy City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 3, 2020 ACTION ITEM # 7C Mike Collett, Assistant City Manager FROM: Robert K. Padmore, City Manager

Resolution approving an Independent Contractor Agreement between IAAC, LLC of Aurora, Colorado and the City of Sioux City, Iowa for Airport SUBJECT: Management Services at the Sioux Gateway Airport / Brigadier General Bud Day Field.

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests the City Council approve an Independent Contractor Agreement between IAAC, LLC of Aurora, Colorado and the City of Sioux City, Iowa for Airport Manage- ment Services at Sioux Gateway Airport Brigadier General Bud Day Field.

DISCUSSION: Staff is recommending this Agreement with IAAC, LLC for Airport Management Services at the Sioux Gateway Airport. This Agreement will include various duties to include operations and maintenance oversight, procedural development, training, and FAA Part 139 Require- ments as outline in the Contract. Staff is requesting that this Agreement be approved for one- year with one (1) one-year extension option.

At their July 16, 2020 monthly meeting, the Airport Board of Trustees voted to recommend approval of the Agreement by the City Council.

FINANCIAL IMPACT: This Agreement will be funded using the FY21 8901 - Airport Operating Funds.

RELATIONSHIP TO STRATEGIC PLAN: Relates to Municipal Responsibility – Infrastructure

ALTERNATIVES: Negotiate additional terms.

ATTACHMENTS: Resolution Hard copies of the Agreement will be provided

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION APPROVING AN INDEPENDENT CONTRACTOR AGREEMENT BETWEEN IAAC, LLC OF AURORA, COLORADO AND THE CITY OF SIOUX CITY, IOWA FOR AIRPORT MANAGEMENT SERVICES AT THE SIOUX GATEWAY AIRPORT / BRIGADIER GENERAL BUD DAY FIELD.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that an Independent Contractor Agreement with IAAC, LLC of Aurora, Colorado, a copy of which is attached hereto and by this reference made a part hereof, in the monthly amount of $8,333 for Airport Management Services at the Sioux Gateway Airport / Brigadier General Bud Day Field, be and the same is hereby approved.

BE IT FURTHER RESOLVED that the Mayor and Deputy City Clerk be and they are hereby authorized and directed to execute said Independent Contractor Agreement for and on behalf of the City.

PASSED AND APPROVED: August 3, 2020 Robert E. Scott, Mayor

ATTEST: Heidi Farrens, Deputy City Clerk INDEPENDENT CONTRACTOR AGREEMENT

This Independent Contractor Agreement (“Agreement”) is entered into as of August 3, 2020, by and between the City of Sioux City, Iowa (“City”), IAAC LLC, a Colorado limited liability company with its primary place of business at 18555 E. Smoky Hill Road, Unit 460133, Aurora, CO 80015 (“IAAC”).

1. Services.

1.1 Nature of Services. IAAC will perform the services, as more particularly described on Exhibit A, for City as an independent contractor providing services as a Manager (the “Services”). The Services have been specially ordered and commissioned by City. IAAC will perform such services in a diligent and workmanlike manner and in accordance with the schedule, if any, set forth in Exhibit A. The content, style, form and format of any work product of the Services shall be completely satisfactory to City and shall be consistent with City’s standards. As a Manager, IAAC shall provide oversight for airport maintenance, procedural development, training and FAA Part 139 requirements as approved by the City. IAAC shall provide updates to the Airport Director as requested and the Airport Director shall have final approval over all Services.

1.2 Relationship of the Parties. IAAC enters into this Agreement as, and shall continue to be, an independent contractor. All Services shall be performed only by IAAC. Under no circumstances shall IAAC look to City as his/her employer, or as a partner, agent or principal. IAAC shall not be entitled to any benefits accorded to City's employees, including without limitation worker's compensation, disability insurance, vacation or sick pay.

1.3 Compensation and Reimbursement. IAAC shall be compensated and reimbursed for the Services as set forth on Exhibit B. Completeness of work product shall be determined by City in its sole discretion, and IAAC agrees to make all revisions, additions, deletions or alterations as requested by City. No other fees and/or expenses will be paid to IAAC, unless such fees and/or expenses have been approved in advance by the Airport Director in writing. IAAC shall be solely responsible for any and all taxes, Social Security contributions or payments, disability insurance, unemployment taxes, and other payroll type taxes applicable to such compensation. IAAC hereby indemnifies and holds City, its elected officials, officers, employees and agents harmless from, any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of IAAC's failure with respect to its obligations in this Section 1.3.

1.4 Equipment. IAAC shall be responsible for providing any necessary equipment and supplies to complete the Services such as computer, software, and cell phone, unless Airport security policies require the use of designated equipment.

2. Representations and Warranties. IAAC represents and warrants to City that (a) IAAC has full power and authority to enter into this Agreement and that in performing under the Agreement; (b) IAAC will not violate the terms of any agreement with any third party; and (c) the Services and any work product thereof are the original work of IAAC, do not and will not infringe upon, violate or misappropriate any patent, copyright, trade secret, trademark, contract, or any other publicity right, privacy right, or proprietary right of any third party. IAAC shall defend, indemnify and hold City, its elected officials, officers, employees and agents harmless from any and all claims, actions and proceedings, and the resulting losses, damages, costs and expenses (including reasonable attorneys' fees) arising from any claim, action or proceeding based upon or in any way related to IAAC's, or IAAC’s employees, breach or alleged breach of any representation, warranty or covenant in this Agreement, and/or from the acts or omissions of IAAC. 3. Term of Agreement.

3.1 Term. This Agreement shall be effective for a period of one (1) year with an optional one-year (1-year) extension if mutually agreed upon in writing by both Parties at least thirty (30) days prior to the expiration of the first term, unless terminated sooner in accordance with the terms of this Agreement. The initial term of this Agreement shall begin on August 4, 2020 and end on August 3, 2021. This Agreement is terminable by either party at any time, with or without cause, effective upon a ninety (90) day notice to the other party. If City exercises its right to terminate the Agreement, any obligation it may otherwise have under this Agreement shall cease upon the completion of ninety (90) days, except that City shall be obligated to compensate IAAC for work performed up to the time of termination. IfIAAC exercises its right to terminate the Agreement, any obligation it may otherwise have under this Agreement shall cease immediately.

3.2 Termination by the City. All terms and conditions of this Agreement are considered material, and failure of either party to perform any of the terms and conditions shall be considered a breach of this Agreement. If IAAC refuses or fails to perform the work required by these specifications or any part thereof; or refuses or fails to perform the work in a diligent and workmanlike manner; or fails or refuses to perform the work within the times specified herein; the City may, by written notice to IAAC, specifyingthe manner of defaulta nd give IAAC fourteen (14) days in which to correct the default; provided, however, that if the default is one that cannot be remedied in fourteen (14) days by diligent efforts of IAAC, IAAC may propose an additional period of time in which to remedy the default, and consent to said additional time shall not be unreasonably withheld by the City. If the default is not remedied within the allotted time, the City may terminate the Agreement by written notice to IAAC.

3.3 Termination by IAAC. If the City refuses or fails to perform any of its obligations under this Agreement, IAAC may, by written notice to the City, specifyt he manner of default and give the City fourteen (14) days in which to correct the default, provided, however, that if the default is one that cannot be remedied in fourteen (14) days by diligent efforts of the City, the City may propose an additional period to time in which to remedy the default, andconsent to said additional time shall not be unreasonably withheld. If the default is not remedied within the allotted time, IAAC may terminate the Agreement by written notice to the City.

3.4 Rights and Remedies. The rights and remedies of the parties provided in these paragraphs are in addition to any other rights provided by law or under this Agreement. The failure of the parties to insist, in any one or more instances, on a strict performance on any of the terms of this Agreement, or to exercise any option herein, shall not be construed as a future waiver or relinquishment of the provision or option, but the same shall continue and remain in full force and effect. The payment of any sum hereunder, with knowledge of the breach of any term or condition hereof shall not be deemed a waiver of any rights hereunder or at law.

4. Insurance. IAAC shall be responsible for providing, at IAAC's expense, and in IAAC's name, professional liability insurance in the amount of $1,000,000.00.

5. Additional Provisions.

5.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in the state courts sitting in Woodbury County, Iowa.

5.2 Binding Effect. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties hereto. IAAC shall have no right to (a) assign this Agreement, by operation of Jaw or otherwise; or (b)

CITY OF SIOUX CITY, IOWA

Attest: City of Sioux City Iowa

By: By: Heidi Farrens Robert E. Scott Deputy City Clerk Mayor

By: Roger Nakata Title: Chief Operations Officer

4 EXHIBIT A Description of Services

Independent Contractor Agreement between City of Sioux City, Iowa (“City”), and IAAC, LLC (“IAAC”) dated as of August 3, 2020.

Additional Services may be added by parties by mutual agreement in writing.

During the term of the Agreement, IAAC will provide the following services:

IAAC shall provide an expected 35-40 hours per week average to provide regular on-site guidance and oversight for airport operations, maintenance, procedural development, training and FAA Part 139 requirements. IAAC shall provide updates to the Airport Director as requested.

IAAC maybe granted a two-month absence in 2021 by the Airport Director. If granted the contract will be extended two additional months. IAAC will notify the Airport Director 30 days in advance of the two- month absence request. If the Airport Director cannot grant the request, IAAC will provide another qualified member to fill the position during the requested period.

The services will include assessments of procedures, supervision, training, and employee development to create Standard Operating Guidelines. Manager will meet and communicate with airport staff to establish, develop and maintain guidelines on a consistent basis. Services will also include review of Operations and Planning documents, including ACM for revisions and editing recommendations. Manager will promote and provide support with sponsors, consultants and staff for future planning strategies.

Exhibit A Page 1 of 1 EXHIBIT B Payment

Independent Contractor Agreement between City of Sioux City, Iowa (“City”), and IAAC, LLC (“IAAC”) dated as of August 3, 2020.

Compensation

City shall pay IAAC eight thousand, three hundred and thirty three dollars ($8,333) per month for services as listed in Exhibit A.

Expenses

All travel and reimbursable expenses must be approved in advance.

Exhibit B Page 1 of 1

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 3, 2020 ACTION ITEM # 7D Mike Collett, Assistant City Manager FROM: Spero Vlahoulis, Purchasing Manager

Resolution awarding and approving a Contract to MTC Mechanical, LLC of Sioux City, Iowa in the amount of $42,594.00 for the 2020 Airport Controls SUBJECT: Upgrade Project at the Sioux Gateway Airport / Brigadier General Bud Day Field. (City Project No. 7110-749-107).

Department Finance City City Reviewed By: x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests the City Council award and approve a Contract to MTC Mechanical, LLC of Sioux City, Iowa, in the amount of $42,594 for the 2020 Airport Controls Upgrade Project at the Sioux Gateway Airport / Brigadier General Bud Day Field. (City Project No. 7110-749-107).

DISCUSSION: This project includes the base bid of updating the terminal buildings HVAC Controls Operating System (head end) and 4 (RTU’s) refrigeration metering kits for dehumidification controls on the roof top units. The bid alternates consisted of the following: Alternate No. 1 included 5 additional (RTU’s) refrigeration meter kits, Alternate No. 2 was for the system test and balance, Alternate No. 3 included the status points to the BAS System, and Alternate No. 4 was for an isolation valve controller.

On June 24, 2020 invitations were sent to (8) eight vendors and posted on the City’s Website. Two (2) vendors participated in the pre-bid meeting on July 8, 2020. On July 14, 2020 (2) two bids were received for this project. The bids are as follows:

Contractor Base Bid: Alt No. Alt No. Alt No. Alt No. Base Bid + Operating 1 5 2 Test & 3 BAS 4 Isola- Alt No.’s 1, 2, & & 4 RTU’s RTU’s Balance tion 3 Valve MTC Mechanical, $21,200 $6,794 $11,000 $3,600 $ $42,594.00 LLC (KMS) Interstate $43,450 $7,750 $8,980 $3,875 $1,725 $64,055.00 Mechanical Engineer’s Esti- $35,000 $20,000 $15,000 $16,000 $12,000 $86,000.00 mate

The base bid plus alternates 1-3, submitted by MTC Mechanical, LLC of Sioux City, Iowa is 50.48% or $43,406 below the engineer’s estimate of $86,000. The Airport Board of Trustees has approved the recommendation at their July 16, 2020 meeting.

FINANCIAL IMPACT: This project is funded using Airport Abated GO Bonds under CIP No. 749-107 HVAC Terminal.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Infrastructure Focus Area – Grow Sioux City

ALTERNATIVES: Reject the bids.

ATTACHMENTS: Resolution Letter of Recommendation Bid Results Contract- Hard Copy RESOLUTION NO. 2020 - ______with attachment

RESOLUTION AWARDING AND APPROVING A CONTRACT TO MTC ME- CHANICAL, LLC OF SIOUX CITY, IOWA IN THE AMOUNT OF $42,594.00 FOR THE 2020 AIRPORT CONTROLS UPGRADE PROJECT AT THE SIOUX GATEWAY AIRPORT / BRIGADIER GENERAL BUD DAY FIELD. (CITY PRO- JECT NO. 7110-749-107).

WHEREAS, bids and proposals were received by the City of Sioux City, Iowa, on July 14, 2020, for the 2020 Airport Controls Upgrade Project, in Sioux City, Iowa, (the Project) together with necessary accessories and appurtenances, all in accordance with the plans and specifications heretofore prepared by West Plains Engineering; and

WHEREAS, all of said bids and proposals were carefully considered and it is necessary and advisable that the lowest and/or best bid be accepted and that a contract be awarded for the construction of the Project in Sioux City, Iowa; and

WHEREAS, the low bidder has submitted a contract and performance bond and related documents, copies of which are attached hereto and by this reference made a part hereof; and

WHEREAS, the City Attorney has examined the contract and performance bond for proper execution and all supporting documents to determine if the same comply with the contract specifications; and

WHEREAS, the City Attorney found said documents to be in order and she has approved the same in writing; and

WHEREAS, the City Manager and City Clerk should be authorized and directed to execute a contract for and on behalf of the City of Sioux City, Iowa.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA:

Section 1: The construction of the Project in Sioux City, Iowa, together with necessary accessories and appurtenances, referred to in the preamble hereof, be and the same is hereby ordered.

Section 2: It is hereby found, determined and declared that the bid of MTC Mechanical, LLC of Sioux City, Iowa, in the amount of $42,594.00 for construction of the Project in Sioux City, Iowa, as provided in the plans and specifications referred to in the preamble hereof is the lowest and/or best bid received and the same is hereby accepted and the contract awarded to said bidder.

Section 3: It is hereby found, determined and declared that the bid accepted in the preceding section of this resolution is fully responsive to the proposal, plans and specifications for the construction of the Project in Sioux City, Iowa, together with necessary accessories and appurtenances.

Section 4: The contract and bond submitted by the contractor is hereby approved by the City Council for approval and signature by the City.

Section 5: The City Manager and Deputy City Clerk are hereby authorized and directed to execute said contract for and on behalf of the City of Sioux City, Iowa. Upon execution of the contract by the City Manager as authorized herein, the contract shall be in full force and effect and not before.

Section 6: Progress payments may be made to the contractor under the terms and provisions of the contract by the Director of Finance in amounts certified by the Assistant City Manager as the value of work satisfactorily performed for the period.

Section 7: The checks or bid bonds of all unsuccessful bidders, be, and the same are hereby ordered returned to such bidders.

PASSED AND APPROVED: August 3, 2020 Robert E. Scott, Mayor

ATTEST: Heidi Farrens, Deputy City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 3, 2020 ACTION ITEM # 7E Mike Collett, Assistant City Manager FROM: Spero Vlahoulis, Purchasing Manager

Resolution approving a Contract with ABM Industry Groups, LLC dba ABM Janitorial Services of Ralston, Nebraska for the Janitorial/Maintenance Ser- SUBJECT: vices at the Sioux Gateway Airport / Brigadier General Bud Day Field in a monthly amount not to exceed $1,892.77.

Department Finance City City Reviewed By: x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests the City Council approve a Contract with ABM Industry Groups, LLC dba ABM Janitorial Services of Ralston, Nebraska, in the monthly amount not to exceed $1,892.77 for Janitorial/Maintenance Services at the Sioux Gateway Airport / Brigadier General Bud Day Field.

DISCUSSION: On July 2, 2020 invitations were sent to (9) nine Contractors and posted on the City Website for maintenance and janitorial services on airport property with focus inside the terminal in high customer contact areas. Seven (7) vendors participated in the pre-bid meeting on July 9, 2020. On July 14, 2020 (5) five bids were received for this project. The bids are as follows:

Contractor Monthly Monthly Sup- Total Monthly Rate Alternate. No. 1 Rate ply Cost and Supplies Hourly Rate ABM Janitorial Services $1,892.77 $ 0 $1,892.77 $ 18.00 RTG Building Services $2,400.00 $ 0 $2,400.00 $ 20.00 ISS Facility $2,600.00 $100 $2,700.00 $ 24.00 RC Janitorial $3,719.53 $200 $3,919.53 $ 34.24 Merry Maids $8,125.00 $200 $8,325.00 $125.00

ABM Industry Groups, LLC dba ABM Janitorial Services was the low bid with the monthly amount not to exceed $1,892.77. The services will start September 1, 2020 to assist with weekly opera- tional needs. The is a one (1) year Contract with a one (1) year extension option. The Contractor will be onsite five (5) days a week. The Contractor also provided an alternate price per hour for any additional hours outside of this scope. The Airport Board of Trustees has approved the recommendation at their July 16, 2020 meeting.

FINANCIAL IMPACT: Funds will be paid using the Airport Operating budget.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Infrastructure Focus Area – Grow Sioux City

ALTERNATIVES: Reject the bids.

ATTACHMENTS: Resolution Bid Results Contract RESOLUTION NO. 2020 - ______with attachment

RESOLUTION APPROVING A CONTRACT WITH ABM INDUSTRY GROUPS, LLC DBA ABM JANITORIAL SERVICES OF RALSTON, NEBRASKA FOR THE JANITORIAL/MAINTENANCE SERVICES AT THE SIOUX GATEWAY AIRPORT / BRIGADIER GENERAL BUD DAY FIELD IN A MONTHLY AMOUNT NOT TO EXCEED $1,892.77.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that a Con- tract for Janitorial/Maintenance Services at the Sioux Gateway Airport / Brigadier General Bud Day Field, a copy of which is attached hereto and by this reference made a part hereof, with ABM Industry Groups, LLC dba ABM Janitorial Services of Ralston, Nebraska be and the same is hereby approved in a monthly amount not to exceed $1,892.77.

BE IT FURTHER RESOLVED that the Assistant City Manager be and he is hereby authorized and directed to execute said Contract for and on behalf of the City.

PASSED AND APPROVED: August 3, 2020 Robert E. Scott, Mayor

ATTEST: Heidi Farrens, Deputy City Clerk

2020 Airport Janitorial & Maintenance Services Tuesday, July 14, 2020

ISS Facility Service, Inc. RTG Building Services, Inc. Merry Maids RC Janitorial, LLC ABM Industry Groups, LLC

Line Item Description UNIT Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 5 Hour Daily Service 5 Days a Week - Monthly Cost Monthly 12 $ 2,600.00 $ 31,200.00 $ 2,400.00 $ 28,800.00 $ 8,125.00 $ 97,500.00 $ 3,719.53 $ 44,634.36 $ 1,892.77 $ 22,713.24 Monthly Supply Cost Monthly 12 $ 100.00 $ 1,200.00 $ - $ - $ 200.00 $ 2,400.00 $ 200.00 $ 2,400.00 $ - $ -

Total Monthly Cost $ 32,400.00 $ 28,800.00 $ 99,900.00 $ 47,034.36 $ 22,713.24

ALTERNATE NO. 1

Additional Per Hour Cost Hourly 1 $ 24.00 $ 20.00 $ 125.00 $ 34.24 $ 18.00 C O N T R A C T

THIS AGREEMENT made and entered into by and between the City of Sioux City, Iowa, a municipal corporation duly organized under and by virtue of the laws of the State of Iowa, (hereinafter called the "City") and ABM Industry Groups, LLC dba ABM Janitorial Services, organized and existing under and by virtue of the laws of the State of Nebraska, and having its principal place of business at and whose address is 5300 S. 73rd Street Suite 1, Ralston, Nebraska 68127, (hereinafter called "Contractor").

W I T N E S S E T H:

That the Contractor for and in consideration of the right to provide janitorial and maintenance services at the Sioux Gateway Airport in Sioux City, Iowa, agrees to provide said service in accordance with the document therefore as follows:

COMPONENT PARTS OF THIS CONTRACT

This Contract consists of the following component parts, all of which are as fully a part of this Contract as if herein set out verbatim, or if not attached, as if hereto attached.

 This Instrument  General Conditions  Request for Bid  Addendum No. 1  Bid  Contractor's Proposal

The Contractor shall not commence any work to be performed under this Contract until September 1, 2020, and until Contractor has obtained from responsible insurance companies all insurance required by the specifications and the Contractor shall maintain this insurance in full force and effect during such time as this Contract is in effect.

IN WITNESS WHEREOF, the parties hereto have set their hands for the purposes herein expressed to this instrument as of ______. This Contract shall not be of any validity, force or effect until it has been approved by the City Council of the City of Sioux City, Iowa.

Attest: City of Sioux City Iowa

By: By: Heidi Farrens Mike Collett

Deputy City Clerk Assistant City Manager

1 2 Page 1 of 2 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/23/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Willis Towers Watson Certificate Center Willis Towers Watson Southeast, Inc. PHONE FAX (A/C, No, Ext): 1-877-945-7378 (A/C, No): 1-888-467-2378 c/o 26 Century Blvd E-MAIL ADDRESS: P.O. Box 305191 [email protected] Nashville, TN 372305191 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : ACE American Insurance Company 22667 INSURED INSURER B : ACE Property & Casualty Insurance Company 20699 ABM Industry Groups, LLC INSURER C : an ABM Industries Incorporated Company Indemnity Insurance Company of North Ameri 43575 4151 Ashford Dunwoody Road, Suite 600 INSURER D : Atlanta, GA 30319 INSURER E :

INSURER F : COVERAGES CERTIFICATE NUMBER: W17339313 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ 2,000,000 A $1,000,000 SIR MED EXP (Any one person) $ Excluded XCU Y XSL G71228988 11/01/2019 11/01/2020 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) 5,000,000 ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ A AUTOS ONLY AUTOS Y ISA H25292510 11/01/2019 11/01/2020 HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $

UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 10,000,000 B EXCESS LIAB CLAIMS-MADE Y XOO G27910865 005 11/01/2019 11/01/2020 AGGREGATE $ 10,000,000 DED RETENTION $ 10,000 $ WORKERS COMPENSATION PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? N / A No WLR C65895857 11/01/2019 11/01/2020 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This Voids and Replaces Previously Issued Certificate Dated 07/23/2020 WITH ID: W17339075.

Worksite Location (1): 2505 4TH Street Sioux City, IA – 2403 Aviation Blvd., Sioux City, Iowa. Job Description: JANITORIAL MONTHLY SERVICES BU#45061035 - 2505 4TH Street Sioux City, IA BU#45067477 - 2403 Aviation Blvd Sioux City, Iowa

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE CITY OF SIOUX CITY 405 6TH Street Sioux City, IA 51101 © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

SR ID: 19902617 BATCH: 1758273 AGENCY CUSTOMER ID: LOC #:

ADDITIONAL REMARKS SCHEDULE Page 2 of 2

AGENCY NAMED INSURED ABM Industry Groups, LLC Willis Towers Watson Southeast, Inc. an ABM Industries Incorporated Company POLICY NUMBER 4151 Ashford Dunwoody Road, Suite 600 See Page 1 Atlanta, GA 30319 CARRIER NAIC CODE

See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The City of Sioux City is included as Additional Insured as respects General Liability and Automobile Liability (Umbrella Follows Form) as required by written contract with the Named Insured.

If required by the written contract or agreement with said Additional Insured, this insurance shall be primary insurance to any other insurance available to said insured covering the same loss. Such other insurance available to said Additional Insured shall be excess to and noncontributing to this insurance.

SR ID: 19902617 BATCH: 1758273 CERT: W17339313 DATE (MM/DD/YYYY) CERTIFICATE OF AVIATION LIABILITY INSURANCE 7/23/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Blair Borden NAME: Willis Towers Watson Northeast, Inc. PHONE (212) 309-0921 FAX (A/C, Five Concourse Parkway, 18th Floor (A/C, No, Ext): No): Atlanta, Georgia 30328 E-MAIL: [email protected] PRODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE % NAIC # INSURED INSURER A : See Attached Schedule ABM Industries Incorporated INSURER B : 4151 Ashford Dunwoody Road, Suite 600 INSURER C : Atlanta, GA 30319 INSURER D : INSURER E : INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AIRPORT & FBO LIABILITY COVERAGES CERTIFICATE NUMBER: 2020-250.1 REVISION NUMBER: INSURER LETTER POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ADDITIONAL INSURED? (Y / N) SUBROGATION WAIVED? (Y / N) A-C 247239A20 1-July-2020 1-July-2021 Y N COVERAGE OPTIONS LIMIT APPLIES TO LIMIT APPLIES TO $ BI EA PER $2,000,000 PD PREMISES LIABILITY $2,000,000 EA OCC PREMISES MEDICAL PAYMENTS $ EA PER $ EA OCC SALE OF FUEL & OIL $ BI EA PER $2,000,000 AGGR PRODUCTS LIABILITY EXTENDED $2,000,000 EA OCC COMPLETED EXTENDED $ BI EA PER $2,000,000 AGGR OPERATIONS LIABILITY $2,000,000 EA OCC

HANGARKEEPERS INCLUDING TAXI $ EA AIRCRAFT $ EA OCC LEGAL LIABILITY IN FLIGHT FIRE LEGAL LIABILITY $ ANY ONE FIRE PERSONAL INJURY LIABILITY $1,000,000 EA OCC $1,000,000 AGGR ADVERTISING LIABILITY $ EA OCC $ AGGR CONTRACTUAL LIABILITY X INCLUDED EXCLUDED COVERAGE

CODE DESCRIPTION OPTIONS LIMIT APPLIES TO LIMIT APPLIES TO Grounding Liability $ $ On Airport Automobile Included Per Premises $ War & Allied Perils $ Included $ $ $ $ $ $ $ DESCRIPTION OF OPERATIONS / REMARKS (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

See Page Two – “Additional Remarks” CERTIFICATE HOLDER CANCELLATION

CITY OF SIOUX CITY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: MIKE COLETT; [email protected] THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 405 6TH Street Sioux City, Iowa 51101 AUTHORIZED REPRESENTATIVE AGENCY CUSTOMER ID: LOC #:

ADDITIONAL REMARKS SCHEDULE

AGENCY NAMED INSURED Willis Towers Watson Northeast, Inc. ABM Industries Incorporated

POLICY NUMBER 4151 Ashford Dunwoody Road, Suite 600 247239A20 Atlanta, GA 30319

CARRIER NAIC CODE

EFFECTIVE DATE: 1-July-2020

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

Subject always to the scope of the policies noted above and the policies’ declarations, insuring agreements, definitions, terms, conditions, limitations, exclusions, deductibles warranties and endorsements remaining paramount: Solely as respects: (i) the Coverage(s) noted above; (ii) the Contract(s) (and then only to the extent of the Named Insured’s obligation to provide insurance under the terms of the Contract(s)); and (iii) the operations of the Named Insured; the following provision(s) apply(ies):

The use of the terms Additional Insured / Additional Insureds, when used in the context of coverages other than Liability Coverage(s), are solely for the purpose of identifying parties and does not, by virtue of the use of these terms convey any benefits or rights not provided for under the policies.

Solely as respects Liability Coverage(s): The City of Sioux City their respective directors, officers, employees, agents and assigns are included as Additional Insureds (collectively , the Additional Insureds, individually an Additional Insured) as respective liability arising out of the Named Insured's performance or non- performance of its obligations under the Contract.

Solely as respects Liability Coverage(s): Such insurance as is afforded the Named Insured under the policies applies to liability assumed by the Named insured under the Contract(s), but only to the extent of coverage otherwise afforded under the policies..

Solely as respects All Coverage(s): In the event of cancellation or adverse material change of the policies by Insurers, Insurers agree that such cancellation or change shall not be effective as to the Certificate Holder(s) until thirty (30) days, seven (7) days or such shorter period as may be customary in the case of War Risks and Allied Perils Insurance, and ten (10) days in the event of cancellation due to non-payment of premium) after issuance of notice by the Insurers to the Certificate Holder(s).

Special Notation: Worksite Location: 2505 4TH Street Sioux City, IA 51111 – 2403 Aviation Blvd Sioux City, Iowa 51111; JANITORIAL MONTHLY SERVICES; BU#45061035 - 2504 4TH Street Sioux City, IA 51111 BU#45067450 - 800 Lincoln Way Ames, Iowa 50010 BU#45067477 - 5403 Aviation Blvd Sioux City, Iowa 51111

This Certificate of Insurance cancels and replaces Certificate of Insurance, No.250, dated 7/22/2020.

As respects each Certificate Holder(s) respective interests, this Certificate of Insurance shall automatically terminate upon the earlier of: (i) Policy expiration; (ii) Cancellation of the policies prior to policy expiration, as notified to the Certificate Holder(s) as required herein; (iii) agreed termination of the Contract(s); and/or in the case of physical damage insurance relating to those Certificate Holder(s) who have an insurable interest in the Equipment as of the date of issuance of this Certificate of Insurance: agreed termination of the Named Insured’s and/or the Certificate Holder(s) insurable interest in the Equipment

This Certificate of Insurance is issued as a summary of the insurances under the policies noted above and confers no rights upon the Certificate Holder(s) as regards those insurances other than those provided by the policies. The undersigned has been authorized by the above insurers to issue this certificate on their behalf and is not an insurer and has no liability of any sort under the above policies as an insurer as a result of this certification.

ADDITIONAL REMARKS SCHEDULE

AGENCY NAMED INSURED Willis Towers Watson Northeast, Inc. ABM Industries Incorporated

POLICY NUMBER 4151 Ashford Dunwoody Road, Suite 600 247239A20 Atlanta, GA 30319

CARRIER NAIC CODE

EFFECTIVE DATE: 1-July-2020

Security (the “Insurers”)

Insurers Policy Numbers Underwriters at Lloyd’s and Various Companies Through Willis Limited, London, 247239A20 England Endurance Assurance Corporation through William Brown & Associates NQF6033467 Starr Indemnity and Liability Company through Starr Aviation Agency, Inc. SASICOM60176720-01 National Union Fire Insurance Company of Pittsburgh through AIG Aerospace FQ 013468452-02 QBE Insurance Corporation 0100007882 Old Republic Insurance Company through Old Republic Aerospace, Inc. 011573 02 XL Specialty Insurance Company through AXA XL Aerospace UA00015332AV20A

Named Insureds:

ABM INDUSTRIES INCORPORATED, ABM AVIATION, INC., (DOING BUSINESS AS AIR SERV; AIR SERV FACILITY SERVICES; ABM PARKING SERVICES; ABM FACILITY SERVICES; ABM ONSITE SERVICES WEST; ABM JANITORIAL SERVICES SOUTH CENTRAL; ABM ONSITE SERVICES MIDWEST; ABM JANITORIAL SERVICES SOUTHEAST; ABM JANITORIAL SERVICES MID ATLANTIC; ABM JANITORIAL SERVICES NORTHEAST; SOUTHERN MANAGEMENT ABM); OMNISERV; OFJ CONNECTIONS LIMITED AND OFJ AIRLINKS LIMITED; LINC FACILITY SERVICES, WLL; AIRSERV MIDDLE EAST HOSPITALITY SERVICES, LLC; AVIATION SERVICES ALLIANCE, LLC, GCA SERVICES GROUP AND ANY OTHER SUBSIDIARY OR AFFILIATED COMPANIES NOW EXISTING OR HEREAFTER CREATED OR ANY OTHER COMPANY OVER WHICH ABM INDUSTRIES OR ONE OF ITS SUBSIDIARIES ASSUMES ACTIVE MANAGEMENT OR FINANCIAL OPERATING CONTROL; ABM AVIATION UK LIMITED

Sioux Gateway Airport Janitorial Services City of Sioux City, Iowa Due Date: 3:00 p.m., July 14, 2020

REQUEST FOR BIDS JANITORIAL/ MAINTENANCE SERVICES SIOUX GATEWAY AIRPORT

The City of Sioux City, Sioux Gateway Airport will receive competitive bids for janitorial services no later than 3:00 p.m., Tuesday, July 14, 2020. Such bids are to be delivered to the Purchasing Office, Room 408, City Hall, 405 6th Street, Sioux City, IA, 51101.

Subsequently, the City of Sioux City will enter into a (1) one-year contract with a reputable janitorial company. The one-year term shall be subject to (2) two (1) one-year extensions as set forth below under “Contract Term.”

Prospective bidders shall make a personal inspection of the site. A Pre-Bid Meeting and walk- through with the Airport Project Manager will be conducted Thursday, July 9, 2020 beginning at 10:00 am (CST), at the Sioux Gateway Airport, 2403 Aviation Boulevard, 2nd Floor Conference Room. Attendance at the pre-bid meeting is strongly encouraged but not mandatory.

GENERAL CONDITIONS

SCHEDULE – MAINTENANCE AND CARE

Schedule: Cleaning services needed five days per week, Monday through Friday, contractor shall provide one worker on-site for approximately five hours of service per day. Ideal start time shall be 10:00 a.m. Requested in the bid is a monthly rate and that rate shall include all costs associated with in this contract.

Supplies: The Contractor shall provide a monthly cost for supplies using quality commercial grade cleaning supplies on various surfaces.

Alternate No. 1: Contractor must include an alternate per hour cost for any additional work outside of the monthly cleaning. The City would supply the Contractor cleaning supplies during any additional hours. This would be in the event of special requests, etc.

Services: Cleaning services may include the following: floor surfaces, windows, doors, dusting, restrooms, trash, walls, ceilings, light fixtures, counters, seats, bio-fluids clean-up and disposal, and other miscellaneous cleaning duties. Outside services may include: trash, sweeping, watering, salt and snow removal, weeding, and other miscellaneous light maintenance.

ADDITIONAL INFORMATION:

The City shall be responsible for furnishing all equipment, and waste disposal trash can liners. The City represents that all such cleaning equipment is in good working orders, and the Contractor agrees to exercise reasonable care when using such equipment, to avoid any damage to such equipment. If any such equipment is replaced during the Term, such replacement equipment shall be the property of the City. 1 Contractor shall be presentable in uniform while onsite and shall practice good hygiene.

The City shall provide a parking key for daily use for an annual fee of $35. If parking card is lost the Contractor shall pay $20 for each replacement card issued.

Contractors access to secured areas of the terminal building and airport grounds shall require the employee working to have a security access badge. This will require a ten-year security check that will take up to two weeks by the Transportation Safety Agency (TSA). Contractors cost per badge shall be $150.00 per badge and is non-refundable. Training must be completed prior to a badge being issued. Training will address all airport policies and fines.

The City of Sioux City, or its designated representative, shall have the right to cancel said contract at their sole discretion on thirty (30) days written notice.

Payment will be made only upon written request of Contractor submitted to the City on or before the first of the month that the work required under this contract for the preceding month has been performed and completed in accordance with the terms of this Contract.

A sample of the Contract Form is included for reference as Exhibit A.

INSURANCE:

A. LIABILITY INSURANCE – The Contractor shall secure and maintain such insurance policies as will protect Contractor from claims for bodily injuries, death or property damage which may arise from the performance of any work under this Agreement. The following insurance policies are required. Policies must be issued by companies rated "A" or better by "Best's Policyholders Ratings Guide." The following insurance policies are required:

1. Workers Compensation – A standard Workers Compensation policy approved for use in the State of Iowa shall be issued with the following coverages: (a) Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. (b) Employer’s Liability Insurance with the following limits: Bodily injury by accident …………………………….$500,000 each accident Bodily injury by disease ……………………………..$500,000 each accident Bodily injury by disease ……………………………..$500,000 policy limit

2. Comprehensive General Liability (a) Each Occurrence $1,000,000 (b) Aggregate $2,000,000 (c) Personal and Advertising Injury Limit $1,000,000 (d) Products Completed Operations Aggregate Limit $2,000,000 (e) Fire Damage Limit (any one fire) $50,000 (f) Medical Damage Limit (any one person) $5,000

3. Automobile Public Liability and Property Damage – Combined Single Limit $1,000,000

Certificates of Insurance acceptable to the City indicating insurance required by this paragraph in force shall be filed with the City prior to the execution of this contract. These certificates shall contain a provision that coverage under these policies shall not be canceled until at least thirty days' prior written notice has been given to the City. The City shall be named an additional insured on the Certificate of Insurance for the Comprehensive General Liability and Automobile coverage. 2 The following statement shall be included in the description field: “City of Sioux City is listed as an additional insured on a primary and noncontributory basis in regards to the General Liability and Auto Policy when a written contract is in place.”

B. CONTRACTUAL LIABILITY –

The insurance required by paragraph A shall include contractual liability coverage for the Contractor’s obligations under Subparagraph C.

C. INDEMNIFICATION -

1. To the fullest extent permitted by the law, the Contractor shall defend, indemnify, and hold harmless the City, its officials and its agents and employees from and against all claims, damages, losses, and expenses, including but not limited to all attorney’s fees, arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense, (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting there from, and (2) is caused in whole or in part by an act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, occurring while performing the duties under this contract, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation to indemnify which would otherwise exist as to any party or person described in this paragraph.

2. In any and all claims against the City, its officials or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited to in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under worker’s or workmen’s compensation acts, disability benefit acts or other employee benefit acts.

3. The obligations of the Contractor under this paragraph shall not extend to the liability of the City, its agents or employees, arising out of (1) the preparation of approval of drawings, opinions, reports, surveys, change orders, designs, or specifications, or (2) the giving of or the failure to give directions or instructions by the project manager or his representatives providing such giving or failure to give is the primary cause of the injury or damage.

CONTRACT TERM: The initial term of the contract shall be for a period of (1) one year ending from the contract date. By mutual agreement of the parties, this contract may be extended by one-year increments if the parties have reached an agreement as to terms and conditions by June 1st in the year in which the contract is set to expire. Up to two one-year extensions may be allowed. If no agreement is reached by said date, the contract shall automatically expire on the final date of the final term year agreed upon by the parties.

PROSECUTION AND PROGRESS

3 A. Subletting of Contract: The Contractor shall not assign, subcontract or sublet any portion of this contract without the consent of the City Council of the City of Sioux City.

B. Methods and Equipment: The methods, equipment and appliances used shall produce a satisfactory quality of work and shall be adequate to maintain the level of service specified.

4 Addendum No. 1 Airport Janitorial/ Maintenance Services City of Sioux City, Iowa Due Date: 3:00 p.m., July 14, 2020

ADDENDUM NO. 1 – JANITORIAL/ MAINTENANCE SERVICES Sioux Gateway Airport/Brigadier General Bud Day Field

July 10, 2020

A pre-bid conference was held on July 9, 2020, at 10:00 a.m. in the 2nd floor conference room, Sioux Gateway Airport/Brigadier General Bud Day Field terminal building. Attached as Exhibit No. 1 to this Addendum is the Pre-Bid Conference Attendee list. Bids will be received at the City of Sioux City, Purchasing Office, 405 6th Street, Sioux City, Iowa 51101 until 3:00 p.m. Local Time on the 14th day of July 2020. PURPOSE The City of Sioux City, Iowa wishes to formally respond to the following questions and clarifications that have been brought to the City’s attention: 1. Will the City supply paper products? Yes, the City will supply all restroom paper products, all garbage bags, and hand soap for the dispensers. 2. Will the Contractors cleaning products be kept in a secure location? Yes, the cleaning products may be kept in a locked area and kept onsite at a location to be determined by the City. 3. Will the Contractor be responsible for separating recyclables? Yes, the Airport has weekly garbage and recyclable pick-up. The Contractor will be responsible for emptying all containers into the proper receptacles. Dumpsters are located just north of the terminal building. 4. Will the Contractor be responsible for wiping down light fixtures? Yes, from time to time if dust and debris is noticeable or the light bulbs are being replaced the Contractor will be responsible to clean the fixture. If fixtures are not easily accessible the City will assist. 5. Will a list of the cleaning areas be provided? Yes, please see the attached list titled 2020 Airport janitorial Services for areas that are expected to be cleaned daily unless otherwise noted.

Please remember to clearly indicate on each line item the monthly or hourly cost for the service or supply. If there is no additional charge for the item a 0 should be placed in the box. Items to return in a sealed envelope are the Bidders Status Form (attached), the Purchasing Department Signature Form, the Bid Form with line items, and this addendum.

The Bidder hereby acknowledges that all addenda become a part of the contract documents when issued, and that each such addendum has been received and utilized in the preparation of this competitive bid. The Contractor hereby acknowledges receipt of the following addenda by signing and dating the blanks below:

COMPANY NAME: ______

______Printed Name Authorized Signature Date ACCEPTANCE / REJECTION OF RESPONSES

The City reserves the right to accept or reject any or all responses submitted, in whole or in part, and to waive any informalities or technicalities which at the City's discretion are determined to be in the best interests of the City. Further, the City makes no representations that a contract will be awarded to any responder. The City expressly reserves the right to reject any and all responses without indicating any reasons for such rejection(s). The City reserves the right to negotiate with any responder it deems suitable to carry out this project. The City reserves the right to postpone due dates for its own convenience and to withdraw this solicitation at any time without prior notice. 1 Addendum No. 1 Airport Janitorial/ Maintenance Services City of Sioux City, Iowa Due Date: 3:00 p.m., July 14, 2020 Exhibit 1

2 Addendum No. 1 Airport Janitorial/ Maintenance Services City of Sioux City, Iowa Due Date: 3:00 p.m., July 14, 2020

2020 Airport Janitorial Services Overall Summary: 5 main restrooms; 200+ seats; approximately 35,000 sq ft of space

Included in the daily duties unless otherwise noted are: Clean sterile area restrooms • Clean mirrors, sinks and counter tops • Clean partitions and walls • Clean toilets, seats, under rims • Empty trash, refill paper, soap, feminine dispensers and towels • Mop or scrub floor / Clean drinking fountains outside restrooms Clean main lobby restrooms • Clean mirrors, sinks and counter tops • Clean toilets, seats, under rims • Clean partition and walls as needed • Empty trash, refill paper, soap, feminine dispensers and towels • Mop or scrub floor / Clean drinking fountain outside restrooms Clean TSA area office daily (TSA MUST BE PRESENT) • Dust chairs, tables, shelves • Vacuum floors • Empty garbage in office and in TSA baggage inspection room Sterile Area / TSA Check Point Lane • Clean up litter and any spills on floor or seating and wipe down seats, counters, tables and chairs • Dust mop floor and any carpeted areas • Dust stainless tables both top and bottom shelves • Wipe down black barricade rope stands (once weekly) • Vacuum both jet bridges, wipe down walls, check all light bulbs and replace as needed (once weekly) Main lobby and baggage claim • Clean up litter and any spills on floor or seating and wipe down seats, counters, tables and chairs • Dust and mop all floors, use autoscrubber and spot mop as needed • Empty garbage/recyclables and ask rental car companies if you can take their garbage • Vacuum and sweep all floors, entryways, and rugs on the main level • Empty garbage from sterile area and gate counters • Empty garbage from main lobby, ticket counters and bag claim • Sweep baggage claim garage drop off area (once weekly) • Check all lightbulbs and replace as needed throughout Terminal (once weekly) • Thoroughly clean all windows inside and out Terminal main level (once weekly) • Clean 3rd Floor (once weekly) • Dust and clean window sills, tables, shelves • Clean Kitchenette countertop and sink • Vacuum floors and elevator • Empty garbage (daily) • Clean 3rd floor restroom, mirror, toilet, under seat lid, walls, floors and refill paper • Clean 3rd floor hallway and stairway sweep / dust / mop

3 Addendum No. 1 Airport Janitorial/ Maintenance Services City of Sioux City, Iowa Due Date: 3:00 p.m., July 14, 2020

Clean 2nd Floor (once weekly) • Check Conference room, dust and clean window sills, tables and chairs, vacuum as necessary • Clean 2nd floor restroom, mirror, toilet, under seat lid, walls, floors, refill paper • Clean 2nd floor hallway and stairway sweep/dust/mop Outdoors • Sweep baggage claim entrance sidewalk • Sweep main entrance steps and handicap ramp, wash down as necessary • Sweep north entrance • Clean up litter, weeds in flower bed, weeds in cracks of sidewalk • Check parking lot for weeds and litter • Seasonal, clean snow and apply deicer to entrances and sidewalks • Water flower pots / grass daily in front of building and other areas as needed • Clean up and sweep east side of canopy walkways and tree grates

4 5

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 3, 2020 ACTION ITEM # 7F FROM: Mike Collett, Assistant City Manager

Resolution approving a 28E Agreement between the City of Sioux City, Iowa and the Iowa Department of Public Defense in connection with the Taxiway A Reconstruction (between Taxiway B & C) Project (City Project No. 7121-749- SUBJECT: 124 / FAA Project No. 03-19-0085-057-2020; ANG Project No. VSSB202001, and IDOT Project No. 9I200SUX100) at the Sioux Gateway Airport / Brigadier General Bud Day Field.

Department Finance City City Reviewed By: x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests the City Council approve a 28E Agreement between the City of Sioux City, Iowa and the Iowa Department of Public Defense in connection with the Taxiway A Reconstruction (between Taxiway B & C) Project (City Project No. 7121-749-124 / FAA Pro- ject No. 03-19-0085-057-2020; ANG Project No. VSSB202001, and IDOT Project No. 9I200SUX100) at the Sioux Gateway Airport / Brigadier General Bud Day Field.

DISCUSSION: The Taxiway A Reconstruction Project consists of the reconstruction of the Connector Taxi- way A between Taxiway B and Taxiway C and will include the removal of the concrete and asphalt taxiway with new concrete for approximately 1,100 feet in length, 75 feet wide, and the addition of 20 feet wide shoulders on the north side. The removal and replacement of deteriorated pavement adjacent to Taxiway G is a priority for the Air National Guard (ANG). The project was designed to accommodate both the Airport and the Iowa Air National Guard (ANG) fleets with varying taxiway width requirements. The project will be funded with City, FAA, IDOT, and Department of Public Defense funds. The City has agreed to administer all design and construction services. Pursuant to Chapter 28E of the Iowa Code, the City and the Iowa Department of Public Defense are authorized to enter into this Agreement providing for the Iowa Department of Public Defense’s funding of the installation and construction of the Taxiway “A” Project by the City.

At their July 16, 2020 monthly meeting, the Airport Board of Trustees voted to recommend approval of the Agreement by the City Council.

FINANCIAL IMPACT: The total project cost is estimated at $3,394,215. The Department of Public Defense has pledged an estimated share of $1,714,940, the IDOT share of up to 13% of the project costs or a maximum of $425,000, and the FAA no match share of $1,111,110. This brings the local costs contingent upon FAA approval to $143,165. RELATIONSHIP TO STRATEGIC PLAN: Relates to Municipal Responsibility – Infrastructure Enhance Public/Private Partnerships. ALTERNATIVES: The alternative is not to enter the 28E Agreement which could stop the construction of needed repairs.

ATTACHMENTS: Resolution 28E Agreement RESOLUTION NO. 2020 - ______with attachments

RESOLUTION APPROVING A 28E AGREEMENT BETWEEN THE CITY OF SIOUX CITY, IOWA AND THE IOWA DEPARTMENT OF PUBLIC DEFENSE IN CONNECTION WITH THE TAXIWAY A RECONSTRUCTION (BETWEEN TAXIWAY B & C) PROJECT (CITY PROJECT NO. 7121-749-124 / FAA PROJECT NO. 03-19-0085-057-2020; ANG PROJECT NO. VSSB202001, AND IDOT PROJECT NO. 9I200SUX100) AT THE SIOUX GATEWAY AIRPORT / BRIGADIER GENERAL BUD DAY FIELD.

WHEREAS, the City and the Iowa Department of Public Defense have agreed to work together in the spirit of cooperation in developing each other’s interests in meeting the greater public good; and

WHEREAS, the City desires assistance in the reconstruction of the Taxiway A Reconstruction (between Taxiway B & C) Project at the Sioux Gateway Airport / Brigadier General Bud Day Field; and

WHEREAS, the Iowa Department of Public Defense desires to facilitate such development, including assisting with the reconstruction of Taxiway A; and

WHEREAS, the parties have negotiated a 28E Agreement for design and construction services, a copy of which is attached hereto and by this reference made a part hereof, which 28E Agreement should be approved as to form and content.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the attached 28E Agreement by and between the City of Sioux City and the Iowa Department of Public Defense for design and construction services in connection with the Taxiway A Reconstruction (between Taxiway B & C) Project at the Sioux Gateway Airport / Brigadier General Bud Field, be and the same is hereby approved, and the Mayor and Deputy City Clerk be and they are hereby authorized and directed to execute said 28E Agreement for and on behalf of the City.

BE IT FURTHER RESOLVED that the Deputy City Clerk be and she is hereby authorized and directed to file said 28E Agreement with the Iowa Secretary of State.

PASSED AND APPROVED: August 3, 2020 Robert E. Scott, Mayor

ATTEST: Heidi Farrens, Deputy City Clerk CHAPTER 28E AGREEMENT By and Between the City of Sioux City, Iowa and the Iowa Department of Public Defense for VSSB202001 Repair Taxiway A at the Sioux Gateway Airport

THIS AGREEMENT is entered into by and between the City of Sioux City, Iowa (hereinafter referred to as “City”) and the State of Iowa (hereinafter referred to as “Iowa”).

WITNESSETH:

WHEREAS, Iowa and the City have a need to Repair Taxiway A (Between Taxiway B & C); and

WHEREAS, the Repair Taxiway A project is to be funded with Department of Defense funds.

WHEREAS, The City has agreed to administer all design and construction; and

WHEREAS, it would be in the best interest of Iowa and the City for the City to contract and administer the Repair Taxiway A project; and

WHEREAS, pursuant to Chapter 28E of the Iowa Code, the City and Iowa are authorized to enter into this Chapter 28E Agreement providing for Iowa’s funding of the installation and construction of said Repair Taxiway A project by the City.

NOW THEREFORE, the City and Iowa (hereafter referred to jointly as “the parties”) do hereby agree as follows:

ARTICLE I – SCOPE, PURPOSE AND AUTHORITY

Section 101. General.

a. The parties have entered into this Chapter 28E Agreement to establish the terms and conditions for the Repair of Taxiway A (Between Taxiway B & C) Project. The City is undertaking this project for Iowa in order to meet their requirements for Repair Taxiway A improvements.

b. The following Appendices are hereby attached and incorporated by references herein.

Appendix 1 – City Design Appendix 2 – City Construction Appendix 3 – Air Force Form 3065 - Contract Progress Report Appendix 4 – Project Final Inspection Report

c. The parties hereby agree that the City Manager shall be designated as the administrator for purposes of this 28E Agreement as provided by Section 28E.6 of the Code of Iowa and that the Airport Director shall administer the provisions of services by the City.

Section 102. Property and Improvements.

a. The City has submitted, (or will submit prior to construction of the Project), satisfactory evidence of the necessary property interest to the real estate upon which the Project is to be constructed. The real estate is of a nature and located in an area that is appropriate for the intended construction and for the use intended under local laws and ordinances.

b. Title to real property improvements constructed under this Chapter 28E Agreement for Repair Taxiway A and associated shoulders shall be held under the City.

Section 103. Authority.

The parties agree that they are authorized to enter into this Agreement pursuant to Iowa Code Chapter 28E. Contribution of funds by Iowa and the construction of the Project are necessary to accomplish Federal and State missions of the Iowa Air National Guard.

ARTICLE II – OBLIGATIONS OF THE PARTIES

Section 201. Obligations of the City.

a. The City will exercise its best efforts to supervise, manage, operate and maintain all activities or projects within the scope of this 28E Agreement according to sound, efficient, commercial practice and the terms, conditions and specifications of this 28E Agreement.

b. The City will obligate sufficient funds to pay its share of costs of this 28E Agreement.

c. Once the Project is completed, the City may not permit any use or disposition of the facility constructed which will interfere with its use for the administration and training of units of the Reserve Forces of the United States, or in time of war or national emergency, by other units of the Armed Forces of the United States or any other use by the Federal Government.

d. In the event the Grantee desires to place the facility(ies) under some use other than the training or administration of the reserve forces of the United States, the City upon the approval of the USPFO, may place the facilities in such other use provided that:

1. If the facility is still adequate for its original purpose and still required for the use of any Reserve Component of the United States, the City replaces the facility in-kind without further Iowa contribution; and,

2. Executes a modification to this 28E Agreement recognizing all terms and conditions as applying to the replacement facility for the remaining term of this 28E Agreement. Determination of whether the replacement facility is adequate for use as is, in fact “in-kind” shall be within the sole discretion of the USPFO.

Section 202. Obligations of Iowa.

a. Iowa shall reimburse the City for the allowable costs incurred in performance of this 28E Agreement according to the terms and conditions for such reimbursement set forth herein.

b. Whenever the terms of this 28E Agreement provide for approval by Iowa, such approval will not be unreasonable withheld. Any request for such approval shall be considered and acted upon by Iowa in a timely fashion.

c. The obligations of Iowa are subject to the availability of state funds for the 28E Agreement and the City’s funding contribution for its share of this 28E Agreement.

ARTICLE III – COSTS

Section 301. General.

Iowa shall reimburse the City for allowable costs incurred in performance of this 28E Agreement.

Section 302. Estimated Cost.

a. Total estimated costs of this 28E Agreement are specified in Appendix/Appendices.

b. The City shall share in costs of this 28E Agreement performance as provided for in approved budgets of the Appendices.

Section 303. Cost Sharing.

a. Wherever any item of cost for performance of this 28E Agreement, as listed in a budget in the Appendices, is identified to be funded in part by Iowa reimbursement, Iowa shall be obligated to reimburse the City only for its percentage share of total costs that would otherwise be allowable under this 28E Agreement.

b. Cost Share Percentage. For the purposes of liquidating the City's obligation to pay for its share of costs, the percentage share of allowable costs for design or construction of the facility to be reimbursed to the City shall be identified in Appendices.

Section 304. Allowable Costs.

a. Except as otherwise stated in this article or elsewhere in this 28E Agreement, allowable costs incurred by the City in performance of this 28E Agreement shall be determined according to 2 CFR Part 225, as amended, and 32 CFR Part 33, as amended, at the time the cost is incurred.

b. Costs for acquisition of real property for purposes of this 28E Agreement are unallowable.

c. Costs of City Improvements are unallowable. These unallowable improvements are facility components in excess of authorized criteria, which will not qualify for federal reimbursement.

d. The allowable of costs has no effect on the maximum funding level of this 28E Agreement. Iowa has no liability to reimburse any cost over and above the maximum amount of funding obligated in this 28E Agreement, even if such cost would otherwise be allowable.

Section 305. Advance Agreements on Allowable of Costs.

a. No cost incurred by the City that is contrary to any restriction, limitation, or instruction contained in any Budget and/or Financial Plan under this 28E Agreement shall be allowable.

b. Indirect costs, as such costs are defined in Title 2 Code of Federal Regulations (CFR) Part 225, shall be unallowable, except for costs listed in paragraph c. below.

c. The costs of compensation for personnel services, including fringe benefits, but not limited to, the costs of workmen’s compensation, unemployment compensation, State sponsored life/health insurance, and retirement benefits, shall be allowable as specified in NGR 5-1, Chapter 5.

Section 306. Project Close-out and Settlement.

a. Within 90 days of final completion of the Project (the date of execution of a PROJECT INSPECTION REPORT, by the City and Iowa) or upon the termination of this 28E Agreement, whichever comes earlier, the City shall promptly deliver to Iowa a full accounting under this 28E Agreement, including a good faith estimate for required withholding pursuant to Chapter 573, Claims, Code of Iowa. After completion of the City’s accounting, Iowa shall make payments of all amounts due to date for Iowa’s project. The City shall provide a good faith estimate of the total amount of un-liquidated claims and undisbursed obligations. Iowa shall make payment to the City within seven days from Iowa’s receipt of the invoice.

b. As soon as practicable after all City costs and expenses are determined and all Chapter 573 claims may be disbursed, the City shall submit a final invoice to Iowa showing its total cost for Iowa’s Project, the total allowable paid cost for Iowa’s Project, and the total amount of costs remaining which Iowa is obligated to reimburse the City under the terms of this 28E Agreement. Iowa shall make payment to the City within seven days from Iowa’s receipt of the invoice.

ARTICLE IV - FUNDING LIMITATIONS

Section 401. Funding Limitation.

a. Iowa funding limitations for design and construction are separately specified in Appendices.

b. The Project Finance Plan (the Appendices) is the maximum amount for which Iowa is obligated to reimburse the City for the cost of performance of this 28E Agreement. The amount of the Project Finance plan line-item cost limitation shall not be exceeded, unless agreed to in writing by the Parties.

c. Unless otherwise provided for the Project Finance Plan any line-item therein, may be changed only by amendment of this 28E Agreement. Either party may propose a change to the Finance Plan by submitting such proposal in writing to the other party.

d. Subject to the Project Appropriation limitations and within its discretion, Iowa may unilaterally increase the maximum funding limitation reflected in the Appendices at any time.

Section 402. Method of Funding.

This 28E Agreement shall be funded for each phase, according to Appendices.

ARTICLE V – PAYMENT

Section 501. Payment by the Reimbursement Method.

a. Unit-price Approach: The City shall submit a Contract Progress Report (Air Force Form 3065 – Appendix 3) and invoice for reimbursement of participating costs (costs eligible for Iowa reimbursement). The City may submit the progress report and voucher every two weeks. The percentage of reimbursement will be based on percentage of work accomplished (labor and materials).

b. Upon verification of the amount shown on the invoice and work completed, Iowa shall execute the necessary documentation for making payment to the City and forward the accompanying documentation to the appropriate disbursing officer for payments.

c. The City, at its option, may pay the contractor prior to receiving payment from Iowa. Payments to the City shall be made within seven days of Iowa receiving an invoice; failure to make to payments within seven days will result in Iowa paying the City interest beginning on the eighth day.

Section 502. Access to Records.

The City shall make records and accounts pertaining to this 28E Agreement available for inspection by auditors and other authorized Iowa government officials as required.

Section 503. Direct State Payment of City Obligations.

In no event, shall Iowa make direct payment to a City contractor, City employee, contractor employee, or City vendor for any costs incurred by the City under this 28E Agreement.

Section 504. Interest.

Interest on payments to the City shall begin to accrue on the eighth day following presentation of an invoice to Iowa by the City at a rate of 6% per annum.

ARTICLE VI – DEFINITIONS

Section 601. Air National Guard (ANG).

Air National Guard (ANG) means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that— 1. is an air force; 2. is trained, and has its officers appointed, under the sixteenth clause of section 8, article I of the Constitution; 3. is organized, armed, and equipped wholly or partly at Federal expense; and 4. is federally recognized (32 U.S.C. § 101).

Section 602. Chapter 28E of Iowa Code (28E Agreement).

The purpose of this chapter of the Iowa Code is to permit state and local governments in Iowa to make efficient use of their powers by enabling them to provide joint services and facilities with other agencies and to co-operate in other ways of mutual advantage. This chapter shall be liberally construed to that end.

Section 603. City.

City means the municipality of Sioux City, Woodbury County, Iowa.

Section 604. City Improvements.

City improvements is that portion of the project that provides a benefit to the city.

Section 605. Fiscal Year (FY).

Fiscal Year (FY) means the Federal FY that runs from October 1 through September 30.

Section 606. Operation and Maintenance Activities.

Operation and Maintenance (O&M) activities mean and include (but are not limited to) actions by the City, through employment by the City, by contract or hire, of sufficient personnel, or of acquisition by contract of supplies and services, or other necessary actions to perform services, tasks, or activities within the scope of this Chapter 28E which are properly charged to an O&M appropriation.

Section 607. Iowa Improvements.

Iowa improvements is that portion of the project that provides a benefit to Iowa.

Section 608. The Adjutant General (TAG).

The Adjutant General (TAG) is the head of the Iowa State Military Department/Department of Defense, appointed by the Governor of the State of Iowa, according to the Iowa Constitution. TAG receives funds and property and accounts for all expenditures and property acquired through this Chapter 28E Agreement; and makes returns and reports concerning those expenditures and that property, as required by this Chapter 28E Agreement.

Section 609. The Base Civil Engineer (BCE).

The Base Civil Engineer (BCE) is the qualified commissioned officer of the Air National Guard, appointed by the United States property and Fiscal Officer (USPFO) to execute his responsibilities to receive and account for all real property of the United States in the possession of the Iowa Air National Guard, Sioux City, Iowa.

Section 610. United States Property and Fiscal Officer (USPFO).

The United States Property and Fiscal Officer (USPFO) is the qualified commissioned officer of the Army National Guard or the Air National Guard, as the case may be, designated by the Chief, National Guard Bureau, to be the United States Property and Fiscal Officer of a State or territory.

The USPFO receives and accounts for all funds and property of the United States in the possession of the National Guard for which he/she is the property and fiscal officer; and makes returns and reports concerning those funds and that property, as required by the Secretary concerned. (32 U.S.C. § 708).

ARTICLE VII - GENERAL PROVISIONS

Section 701. Term of Agreement.

Pursuant to Section 28E.5 of the Iowa Code, the parties agree that this Agreement shall be effective upon its approval and execution by both parties and its recording with the Secretary of State and Woodbury County Recorder’s Office, and that the duration of this Agreement shall be for two (2) years. Should Iowa determine, during any time within in one year from acceptance of the project, that there is any problem which would be covered within the City’s maintenance and payment bond, Iowa shall notify the City and the City, if determined reasonable by the City Engineer, shall notify the contractor of the items needing correction.

Section 702. Sole Benefit.

This 28E Agreement is intended for the sole benefit of Iowa and the City and is not intended to create any other beneficiaries.

Section 703. Amendment.

This 28E Agreement and appendices may be amended only by a written instrument signed by the parties hereto, accept that Appendix 2 shall be executed by the City and Iowa upon completion of the project without amendment of this 28E Agreement. The execution of Appendix 2 shall not modify this 28E Agreement by reference.

Section 704. Successors and Assigns.

This 28E Agreement may not be assigned by a party without the express written consent of the other party. All covenants made under this 28E Agreement shall bind and take effect to the benefit of any successors and assigns of the parties whether or not expressly assumed or acknowledged by such successors or assigns.

Section 705. Entire Agreement.

This 28E Agreement forms the entire agreement between the parties as to scope and subject matter of this 28E Agreement. All prior discussions and understandings concerning such scope and subject matter are superseded and incorporated by this 28E Agreement.

Section 706. Severability.

If any provision of this 28E Agreement is held judicially invalid, the remainder of this 28E Agreement shall continue in force and effect to the extent not inconsistent with such holding.

Section 707. Waiver of Breach.

If a party waives enforcement of any provision of this 28E Agreement (or appendices) upon any event of breach by the other party, such waiver shall not automatically extend to any other or future events of breach.

Section 708. Notices.

Any notice, transmittal, approval, or other official communication made under this 28E Agreement shall be in writing and shall be delivered by hand, email, facsimile (FAX) transmission, or by mail to the other party at the address or facsimile transmission telephone number set forth below or at such other address(es) as may be later designated:

Iowa Matthew Headley, MAJ Iowa National Guard Staff Judge Advocate Camp Dodge, 7700 NW Beaver Drive Johnston, IA 50131-1902 Phone: 515-334-2828; Fax: 515-252-4617

City Mike Collett Assistant City Manager/Airport Director City of Sioux City 405 Sixth Street Sioux City, IA 51101 Phone: 712-279-0170

Section 709. Execution.

This 28E Agreement may be executed in several counterparts, each of which shall be deemed an original. Subsequent execution of any or all attached Appendices shall not affect the legality or enforceability of this 28E Agreement. Once approved, a copy of the approved 28E Agreement shall be forwarded to the Acquisitions Directorate, office of Grants and Cooperative Agreements, National Guard Bureau by the BCE.

Section 710. Conflict of Interest.

The City will endeavor to insure that its employees are prohibited from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others.

Section 711. Access to and Retention of Records.

The City shall afford any authorized representative of Iowa, the Department of Defense, or the Comptroller General access to and the right to examine all records, books, papers, and documents ("Records") that are within the City custody or control and that relate to its performance under this 28E Agreement. The City shall retain all such records intact in such form, if not original documents, as may be approved by Iowa for at least three (3) years following project, completion or termination.

Section 712. Change of Circumstances.

Each party shall promptly notify the other party of any legal impediment, change of circumstances, pending litigation, or any other event or condition that may adversely affect such party's ability to carry out any of its obligations under this 28E Agreement.

Section 713. Liability and Indemnity.

Nothing in this 28E Agreement shall be construed as an indemnification by one party or the other for liabilities of a party or third persons for property loss or damage or for death or personal injury arising out of and during performance of this 28E Agreement. Any liabilities or claims for property loss or damage, or for death or personal injury, by a party or its agents, employees, contractors or assigns or by third persons, arising out of and during the performance of this 28E Agreement, shall be determined according to applicable law.

Section 714. Reports.

In addition to any financial or other reports required by terms of this 28E Agreement, Iowa may request the City to prepare reports or provide information relating to this 28E Agreement. If the City determines the request to be reasonable, it shall provide such reports within a reasonable time of request and in such detail as may be required.

ARTICLE VIII – APPLICABLE LAWS AND REGULATIONS

Section 801. Applicable Law.

This 28E Agreement shall be governed by and construed according to Iowa law.

Section 802. Governing Regulations.

To the extent not inconsistent with express terms of this 28E Agreement, the provisions of Grant Agreements between FAA and the City and FAA rules and regulations applicable to the City as owner and operator of the Sioux Gateway Airport, are hereby incorporated into this 28E Agreement by references as if fully set forth herein and shall govern this 28E Agreement.

Section 803. Nondiscrimination.

The City covenants and agrees that no person shall be denied benefits of, or otherwise be subjected to discrimination in connection with the City's performance under this 28E Agreement on the grounds of race, religion, color, national origin, sex or handicap. Accordingly, and to the extent applicable, the City covenants and agrees to comply with the following:

a. Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), and 32 CFR Part 300 issued thereunder;

b. Executive Order 11246 and Department of Labor regulations issued thereunder (41 CFR Part 60):

c. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and 32 CFR Part 56 issued thereunder; and

d. The Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), and regulations issued thereunder (45 CFR Part 90).

Section 804. Lobbying.

a. The City covenants and agrees that it will not expend any funds appropriated by Congress to pay any person for influencing or attempting to influence an officer or employee of any agency, or a member of Congress in connection with any of the following covered federal actions: The awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

b. The Final Rule, New Restrictions on Lobbying, issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 28) to implement provisions of Section 319 of Public Law 101-121 (31 U.S.C. § 1352) is incorporated by reference and the City agrees to comply with provisions thereof; including any amendments to the Interim Final Rule that may hereafter he issued.

Section 805. Drug-Free Work Place.

a. The City covenants and agrees to comply with the provisions of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. § 701, et seq.) and maintain a drug-free workplace.

b. The Final Rule, Government-Wide for Drug-Free Workplace (Grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 28, Subpart f) to implement the provisions of the Drug-Free Workplace Act of 1988 is incorporated by reference and the City covenants and agrees to comply with all the provisions thereof, including any amendments the Final Rule that may hereafter he issued.

Section 806. Environmental Standards.

The City agrees that its performance under this 28E Agreement shall comply with the requirements of Section 114 of the Clean Air Act (42 U.S.C. § 7414) and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. § 1318), that relate generally to inspection, monitoring, entry reports, and information, and with all regulations and guidelines issued thereunder; the Resources Conservation and Recovery Act (RCRA); the Comprehensive Environmental Response, Compensation and Liabilities Act (CERCLA); the National Environmental Policy Act (NEPA); and any applicable Federal, State or Local environmental regulation.

Section 807. Debarment and Suspension.

a. The City shall not make any award or permit any award (sub-grant or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal contracting programs under Executive order 12549, “Debarment and Suspension.” Iowa will be responsible for notifying the City of any proposed contractor or subcontractor which is excluded from or ineligible for participation in federal contracting programs.

b. The Final Rule, Government-Wide Debarment and Suspension (Non-procurement), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 25) to implement the provisions of Executive order 12549’ “Debarment and Suspension” is incorporated by reference and the City covenants and agrees to comply with all the provisions thereof, including any amendments to the Final Rule that may hereafter he issued.

Section 808. Buy American Act.

The City covenants and agrees that it will not expend any funds appropriated by Congress without complying with the Buy American Act (41 U.S.C. 10). The Buy American Act gives preference to domestic end products and domestic construction material. In addition, the Memorandum of Understanding between the United States of America and the European Economic Community (EEC) on Government Procurement, and the North American Free Trade Agreement (NAFTA), provide that EEC and NAFTA end products and construction materials are exempted from application of the Buy American Act.

Section 809. Copeland "Anti-Kickback" Act.

The City covenants and agrees that it will comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented in Department of Labor regulations (29 CFR Part 3). As applied to this 28E Agreement, the Copeland "Anti-Kickback" Act makes it unlawful to induce, by force, intimidation, threat of procuring dismissal from employment, or otherwise, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment.

Section 810. Contract Work Hours and Safety Standards Act.

The City covenants and agrees that it will comply with the Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by U.S. Department of Labor regulations (29 CFR Part 5). All rulings and interpretations of the Davis-Bacon Acts contained in 29 CFR Part 5 are incorporated by reference in this 28E Agreement. As applied to this 28E Agreement, the Davis-Bacon Act (40 U.S.C. 276a to a-7) provides that contracts in excess of $2,000 to which the Federal Government provides assistance funding for construction, alteration, or repair (including painting and decorating) of public buildings or public works within the United States, shall contain a provision that no laborer or mechanic employed directly upon the site of the work shall receive less than the prevailing wage rates as determined by the U.S. Secretary of Labor.

Section 811. Environmental Standards.

a. The City covenants and agrees that its performance under this 28E Agreement shall comply with: (1) The requirements of Section 114 of the Clean Air Act (42 U.S.C. Section 7414); (2) Section 308 of the Federal Water Pollution Control Act (33 U.S.C. Section 1318), that relates generally to inspection, monitoring, entry reports, and information, and with all regulations and guidelines issued thereunder; (3) The Resources Conservation and Recovery Act (RCRA); (4) The Comprehensive Environmental Response, Compensation and Liabilities Act (CERCLA); (5) The National Environmental Policy Act (NEPA); (6) The Solid Waste Disposal Act (SWDA); (7) The applicable provisions of the Clean Air Act (42 U.S.C. 7401, et seq.) and Clean Water Act (33 U.S.C. 1251, et seq.), as implemented by Executive Order 11738 and Environmental Protection Agency (EPA) rules at 40 CFR Part 31; (8) To identify any impact this award may have on the quality of the human environment and provide help as needed to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C. 4321, et seq.) and any applicable federal, state or local environmental regulation.

b. In accordance with the EPA rules, the parties further agree that the City shall also identify to the awarding agency (Iowa) any impact this award may have on: (1) The quality of the human environment, and provide help the agency may need to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C 4321, et seq.) and to prepare Environment Impact Statements or other required environmental documentation. In such cases, the recipient agrees to take no action that will have an adverse environmental impact (e.g., physical disturbance of a site such as breaking of ground) until the agency provides written notification of compliance with the environmental impact analysis process. (2) Flood-prone areas, and provide help the agency may need to comply with the National Flood Insurance Act of 1968 and Flood Disaster Protection Act of 1973 (42 U.S.C. 4001, et seq.), which require flood insurance, when available, for federally assisted construction or acquisition in flood-prone areas. (3) Coastal zones, and provide help the agency may need to comply with the Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.), concerning protection of U.S. coastal resources. (4) Coastal barriers, and provide help the agency may need to comply with the Coastal Barriers Resource Act (16 U.S.C. 3501 et seq.), concerning preservation of barrier resources. (5) Any existing or proposed component of the National Wild and Scenic Rivers System, and provide help the agency may need to comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.). (6) Underground sources of drinking water in areas that have an aquifer that is the sole or principal drinking water source, and provide help the agency may need to comply with the Safe Drinking Water Act (42 U.S.C 300H-3).

ARTICLE IX – PROCUREMENT

Section 901. City Contracts.

The City's acquisition of goods and services by the City in performance of this 28E Agreement shall be according to applicable City contracting procedures, standards and procedures contained in 32 CFR § 33.36 and this 28E Agreement.

Section 902. City Contract Flow-down.

Subject to existing contracts, the City is required to insert the substance of provisions of Article VIII in all contracts issued under this 28E Agreement, unless City laws or regulations offer more protection.

ARTICLE XI - LEGAL AUTHORITY

Section 1101. Legal Authority.

The parties represent and warrant that they are under no existing or foreseeable legal disability that would prevent or hinder them from fulfilling terms and conditions of this 28E Agreement. The parties shall promptly notify each other of any legal impediment that arises during the term of this 28E Agreement that may prevent or hinder the parties' fulfillment of its obligations under this 28E Agreement.

Section 1102. Opinion of Counsel.

Concurrent with its execution of this 28E Agreement, the City’s highest legal officer, or his or her designee, certifies by signature approval as to legal form of this 28E Agreement, that.

a. The City has the requisite authority to enter into this 28E Agreement.

b. The City can make the warranty set forth in Section 1101 above;

c. The City is empowered to assume responsibilities and obligations the City proposes to undertake under this 28E Agreement;

d. The provisions of this 28E Agreement intended to secure Iowa interests are enforceable according to their terms;

e. The execution of this 28E Agreement has been duly authorized by Iowa; and

f. That the individual signing this 28E Agreement on behalf of the City has the requisite legal authority to bind and obligate the City to terms and conditions of this 28E Agreement.

ARTICLE XII - TERMINATION, ENFORCEMENT, CLAIM AND DISPUTE RESOLUTION

Section 1201. Termination.

This 28E Agreement may be terminated by the City If Iowa fails to make timely payments. In the event the City shall terminate this 28E Agreement for reason, the City shall be entitled to an award of its reasonable costs and expenditures to date.

Section 1202. Enforcement.

This 28E Agreement may be terminated by Iowa if the City unreasonably fails to begin, prosecute or complete construction of the Project.

Section 1203. Claims, Disputes Resolution and Appeals.

a. Any claim made by the City arising out of this 28E Agreement shall be presented in writing to the Grants Officer. Such claim shall include: the amount of monetary relief claimed or the nature of other relief requested, the basis for such relief; and the documents or other evidence pertinent to the claim.

b. Upon receipt of a claim, the Grants Officer shall provide a written decision denying or sustaining the claim, in whole or part, which decision shall include the reason for the action, within 15 days of the date of the receipt of a claim. Such determination shall be final unless the City elects to submit the dispute as provided herein:

1. The parties agree that any disputes arising between them with regard to the interpretation or application of this 28E Agreement, or with regard to the City’s determination that construction of the project has been properly completed, or with regard to the construction costs and expenses billed to Iowa may be submitted to arbitration at the request of the parties. Any request for arbitration must be in the form of a written notice requesting arbitration. Such notice shall identify each disputed matter to be submitted to arbitration. In the absence of agreement by the parties to the contrary, the questions or questions to be arbitrated shall be those specified in the notice requesting arbitration.

2. If the parties agree, there may be one arbitrator; otherwise there shall be three, one named in writing by the City and one named in writing by Iowa and the third chosen by the two arbitrators first chosen. The party requesting arbitration shall choose an arbitrator within ten days following its demand. Its failure to do so shall be deemed a waiver for its request for arbitration. The other party shall name its arbitrator within ten days following the receipt of notice of the naming of the requesting party’s arbitrator. Should such other party fail to select on a third arbitrator, then, in either event, application shall be made to the President of the Woodbury County Bar Association by the party requesting arbitration to name such arbitrator. Should either party refuse or neglect to supply the arbitrators with any papers or information demanded in writing by the arbitrators, the arbitrators are empowered by both parties to proceed ex parte.

3. No one shall be qualified to act as an arbitrator if service in such role would create a conflict of interest. Each arbitrator selected shall be qualified by experience and knowledge of the matter to be submitted to arbitration.

4. If there be one arbitrator, the award shall be shared equally by the parties.

5. The cost of arbitration shall be shared equally by the parties.

6. The award of the arbitrators shall be in writing and it shall not be open to objection on account of the form of the proceeding or the reward.

7. Nothing in this section shall limit any other remedy under law available to the City or Iowa, except an award in arbitration shall be a condition precedent to any right of legal action.

EXECUTION

By executing this 28E Agreement, the parties agree to the terms and conditions contained herein, including attachments.

IN WITNESS WHEREOF, the parties, by their authorized representatives, execute this 28E Agreement.

THE CITY OF SIOUX CITY, IOWA STATE OF IOWA-DEPT. OF DEFENSE

______By: ROBERT E. SCOTT By: BENJAMIN E. CORELL, MG MAYOR ADJUTANT GENERAL

ATTEST:

______HEIDI FARRENS DEPUTY CITY CLERK

______Date Date

Approved as to form: Approved as to form:

______Assistant City Attorney Staff Judge Advocate

STATE OF IOWA ) ) COUNTY OF WOODBURY )

On this ______day of ______, 2020, before me, the undersigned, a Notary Public in and for the State of Iowa personally appeared Robert E. Scott and Heidi Farrens, to be personally known, and, who, being by me dully sworn, did say that they are Mayor and Deputy City Clerk, respectively of the CITY OF SIOUX CITY, IOWA; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance No. ______passed) (the Resolution adopted) by the City Council, under Roll Call No. ______of the City Council on ______day of ______, 2020, and that Robert E. Scott and Heidi Farrens acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed.

______Notary Public in and for the State of Iowa

STATE OF IOWA ) ) COUNTY OF WOODBURY )

On this ______day of ______, 2020, before me, the undersigned, a Notary Public in and for the State of Iowa personally appeared Benjamin E. Corell and, to me personally known, and, who, being by me dully sworn, did say that he is the Adjutant General of the STATE OF IOWA-Department of Public Defense; that the seal affixed to the foregoing instrument is the State of Iowa seal, and that the instrument was signed and sealed on behalf of the State of Iowa, by authority of the Adjutant General on the ______day of ______, 2020, and that Benjamin E. Corell acknowledged the execution of the instrument to be his voluntary act and deed and the voluntary act and deed of the State of Iowa by it voluntarily executed.

______Notary Public in and for the State of Iowa

APPENDIX ONE

CITY DESIGN

PROJECT DESCRIPTION, SCOPE, AND SCHEDULE

PROJECT DESCRIPTION/SCOPE

PROJECT NUMBER: VSSB202001

Description of Proposed Construction

Remove and replace deteriorated Taxiway A (Between Taxiway A & B) pavement and remove excess deteriorated pavement adjacent to Taxiway G. Repair shoulders, lighting and pavement markings. Regrade and seed existing grassy areas disturbed by construction. $3,138,817 (Construction)

PROJECT SCHEDULE

Conduct the Predesign Meeting November 2019 Submit draft Engineering Agreement for FAA Review December 2019 Execute the Engineering Agreement December 2019 Submit 30% Engineer’s Report and Geometric Layout Plan February 2020 Submit 90% Engineer’s Report April 2020 Bid May 2020 Construct June – September 2021

CITY DESIGN STATEMENT OF WORK

1. Purpose. This Statement of Work defines the City’s obligation in providing design for a construction, sustainment, restoration, or modernization project.

2. Scope of Services. By contract or in-house tasking, the City will provide the Architect-Engineer (A- E) services necessary to develop plans, specifications, and cost estimates (referred to as the Project Design Documents) required for construction of the project.

3. Architect-Engineer Services. Architect-Engineer Services shall be designated in the following manner:

3.1. Title 1/Type “A” Concept Services: Field surveys and investigations required to obtain data essential for the production of plans and specifications for construction which may include, but not be limited to, topographical surveys, soil borings, soils, chemical and mechanical surveys and investigations, survey of utility location and capacities, and similar fact finding investigations and technical studies.

3.2 Title I/Type “B” Architect-Engineer Services: Services to perform code and criteria review and to produce construction plans, construction specifications and construction estimates at the preliminary (35 percent completion), pre-final (95 percent completion) and final (bidding documents) phases.

3.3 Reproduction Services: Services to reproduce construction plans and specifications suitable for bidding purposes.

3.4 Title II/Type “C” Construction Supervision Services: Services to supervise and inspect construction performance and review of construction contractor prepared as-built drawings. This service will be provided as part of the City Construction Appendix, paragraph 2.4.1.

4. Project Schedule. The parties agree to exercise their best efforts to complete the project design within the period set forth on the Project Schedule contained in this Appendix.

5. Design Responsibilities. The City will select and contract for Architect-Engineering (A-E) design services. Iowa shall not issue directions to the City’s A-E design services.

5.1. The City shall transmit design documents for Iowa review, comment, and approval prior to the City’s acceptance of the documents at the 35, 95, and 100 percent stages of design completion. Design documents relating to City Improvements shall not be subject to Iowa approval. Iowa shall approve, disapprove, or approve subject to comments, the design documents. If Iowa approves the documents subject to comments, the City shall make good faith efforts to resolve the comments prior to accepting the documents from the design A-E.

5.2. The City shall carry out final design of the project as defined in this Appendix. The final design shall include construction plans and specifications, construction cost estimates, the construction schedule, and any applicable phasing or sequencing requirements.

5.3. Title to Design Documents. Title to Design Documents shall be provided in the City Design contract. The City shall ensure that the design contract provides an unlimited right to use Design Documents at no additional cost.

5.4. Limitation of Liability.

5.4.1. The City acknowledges that it (or its contractor) is preparing Design Documents in its right and not as an agent or contractor of Iowa. 5.4.2. No Iowa or City approval given under this Appendix shall be construed as a warranty of any kind.

6. Project Contract Preparation.

6.1. Once the Project design is accepted by Iowa, the City agrees to promptly begin defining the terms of the construction Project. The City agrees to submit a proposal and appurtenant cost or pricing.

6.2. The schedule for contract preparation of this project is: FY21

6.3. Allowable costs. For the purpose of determining allowable costs before construction project contract preparation, the term “costs” includes:

6.3.1. Those recorded costs that result, at the time of request for reimbursement, from actual payment for items or services purchased directly for the City contract;

7. Reimbursement of Design Costs.

7.1. Reimbursement of design costs will be included in payment during the course of construction by adding to the Iowa share of these costs to the Iowa share of the construction costs and deducting from the City’s contribution to construction costs, if any. If there is no City share, Iowa reimbursement of supportable design costs shall be by direct payment to the City.

8. Architect-Engineer Fee limits.

8.1. Architect-Engineer fee percentages are determined according to the Typical Architectural- Engineering Fees for Air National Guard Projects.

8.2 As an alternative, the City may choose to negotiate a fixed fee Architect-Engineer services contract. If the fixed fee option is chosen, in addition to any other limitation on cost set forth in this 28E Agreement, Iowa shall have no obligation to reimburse the City for more than the Federal prorated share of:

8.2.1 Title I/Type A, Concept, costs in excess of 2% (unless approved in advance by Iowa) OF THE ESTIMATED COST OF CONSTRUCTION;

8.2.2. Title I/Type B, Design, costs in excess of 6% of the estimated cost of construction;

8.2.3. Bid Document Reproduction in excess of 25 sets (unless approved in advance by Iowa) of bid documents; and

8.2.4. Title II/Type C, Construction supervision, costs in excess of 2% of the estimated cost of construction.

TYPICAL ARCHITECTURAL-ENGINEERING FEES FOR AIR NATIONAL GUARD PROJECTS

Estimated Construction cost Architectural-Engineering Contract Target Amount Up to $200,000 10% Greater than $200,000 & Up To $800,000 9% Greater than $800,000 & Up To $2,000,000 8% Greater than $2,000,000 7%

9.1 Project Design Finance Plans.

9.1 The project finance plan is the maximum amount for which Iowa is obligated to reimburse the City for the costs of performance of the 28E Agreement. The amount of any project finance plan line item cost limitation shall not be exceeded.

9.2. Unless otherwise provided for in the project finance plan, any line item therein may be changed only by amendment of this 28E Agreement. Either party may propose a change to finance plan by submitting such proposal in writing to the other party.

CITY DESIGN

PROJECT DESIGN FINANCE PLAN

VSSB202001 REPAIR TAXIWAY A

ESTIMATED COST OF CONSTRUCTION: $3,139, 357

Activity Estimated Estimated Estimated Estimated ANG Share Grantee Other Share Total Share Site Investigation $33,000 $5,000 $30,000 $68,000 Design of Cost shared Improvements $75,000 $20,000 $70,000 $165,000 Design of ANG Improvements $25,000 $0 $0 $25,000 Design of Grantee Improvements $0 $0 $0 $0 Totals $133,000 $25,000 $100,000 $258,000

1. This Design Finance Plan is incorporated into this Appendix for the purpose of establishing the total estimated costs and the amount of Iowa Funding necessary, to produce Project Design Documents, to set forth the estimated amount of the City’s share of design costs, the costs of which are funded by Iowa for the account of the City, and to identify the costs for cost shared, 100% Iowa and 100% City design.

2. In accordance with this Appendix, and subject to any other cost or fund limitation in this 28E Agreement, Iowa shall reimburse the City for 100% of allowable costs for design of Iowa improvements which include: Repair Taxiway A.

3. NGB shall not be liable to reimburse the Grantee for any other costs of design except those for cost shared ANG improvements.

4. The ‘Estimated Other Share’ is the FAA.

APPENDIX TWO

CITY CONSTRUCTION

PROJECT DESCRIPTION, SCOPE, AND SCHEDULE

PROJECT SCOPE/DESCRIPTION

Remove and replace deteriorated Taxiway A pavement and remove excess deteriorated pavement adjacent to Taxiway G. Repair shoulders, lighting and pavement markings. Regrade and seed existing grassy areas disturbed by construction. $3,139,357 (Construction)

Note: DD Form 1391 documentation is used to establish scope.

PROJECT SCHEDULE

Construction is planned for June - September of 2021.

CITY CONSTRUCTION

STATEMENT OF WORK

1. Purpose. This statement of Work defines the City’s obligation in providing City construction for a project to be supported in full or in part with Iowa funding.

2. Scope of Responsibilities and Administration.

2.1. Upon acceptance of the Project Design Documents, the City will contract for the construction of the Project according to this 28E Agreement.

2.2. This City shall carry out the construction of the Project in strict accordance with the Project Design Documents.

2.3 Iowa Approval of Construction Documents. Unless authority is delegated, the City shall provide any proposed contract(s) for construction of the Project to Iowa for its review, comment, and approval prior to the City’s execution of the contract. By formal written notice, Iowa shall provide the City with its comments, approval or disapproval within 30 days of its receipt of the proposed City contract(s). Iowa may disapprove the contract(s) only for the following reasons:

2.3.1. The contract price exceeds the amount in the finance plan for construction in this Appendix; or,

2.3.2. The proposed contractor has been debarred or suspended from performing Federal/Iowa contracts or performing contracts under Grants or Cooperative Agreements with the Federal Government.

2.4 Inspection and Acceptance of Construction.

2.4.1. The City shall be responsible for inspection and acceptance of the work by its construction contractor(s). Iowa shall not issue directions to any City contractor and shall communicate with a City contractor only through, or with the permission of, an authorized City representative.

2.4.2. Upon the USPFO’s concurrence with final acceptance, final reimbursement of construction costs shall be made and the project shall be considered complete.

3. Project Finance Plans.

3.1. The project finance plan is the maximum amount for which Iowa is obligated to reimburse the City for the costs of performance of this 28E Agreement. The amount of any project finance plan line item cost limitation shall not be exceeded.

3.2. Unless otherwise provided for in the project finance plan, any line item therein may be changed only by amendment of this 28E Agreement. Either party may propose a change to a finance plan by submitting such proposal in writing to the other party.

CITY CONSTRUCTION

PROJECT CONSTRUCTION FINANCE PLAN

VSSB202001 REPAIR TAXIWAY A

ESTIMATED COST OF CONSTRUCTION: $3,139,357

Activity Estimated Estimated Estimated Estimated ANG Share Grantee Other Total Share Share Construction of Shared Improvements $1,338,130 $390,485 $900,000 $2,628,615 Construction of ANG Improvements $213,810 $0 $0 $213,810 Construction of Grantee Improvements $0 $0 $0 $0 Construction Supervision $30,000 $166,932 $100,000 $296,932 Totals $1,581,940 $557,417 $1,000,000 $3,139,357

1. This Project Construction Finance Plan is incorporated into this Appendix for the purpose of identifying shared costs.

2. The ‘Estimated Other Share’ is the FAA.

APPENDIX THREE

APPENDIX FOUR

PROJECT FINAL INSPECTION REPORT

PROJECT: VSSB202001 REPAIR TAXIWAY A

1. State: Iowa City: Sioux City

2. Date:______Percent Completed:______

3. Contracting Officer:______

4. Contractor:______

5. Contract No:______Contract Amount:______

6. Base: Sioux Gateway Airport

This is to certify that ______, contractor, completed on ______all work under Contract No. ______dated ______for Project

VSSB202001 Repair Taxiway A at Sioux Gateway Airport, Iowa; that final inspection of the work was accomplished by the undersigned on ______; that the materials and labor were finished in accordance with the terms of the specifications and contract; that all required guarantees have been furnished; that the work was performed in accordance with approved specifications and/or contract drawings as modified by approved change orders and supplemental agreements with no exceptions; and that all work under this contract was completed on ______.

______Iowa Representative City Representative x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 3, 2020 ACTION ITEM # 8A Stan LaFave, Facilities Maintenance Supervisor FROM: Mike Collett, Assistant City Manager Jessica Johnson, Project Management Specialist

Resolution accepting the work and authorizing final payment to Redlinger Bros. Plumbing & Heating Co. of Watertown, South Dakota for the Tyson SUBJECT: Events Center Cooling Tower Replacement Project (Project No. 7093-379- 010).

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests Council approve the attached resolution accepting the work and authorizing final payment in the amount of $25,300.40 now and $11,342.10 in 30 days to Redlinger Bros. Plumbing & Heating Co. of Watertown, South Dakota for the construction of the Tyson Events Center Cooling Tower Replacement Project, (Project No. 7093-379-010).

DISCUSSION: A contract was awarded to Redlinger Bros. Plumbing & Heating Co. on February 10, 2020, pursuant to Resolution No. 2020-0125, in the amount of $224,000.00 for the construction of the Tyson Events Center Cooling Tower Replacement Project. This project included the removal and replacement of one (1) of the two (2) cooling towers located on the Tyson Events Center roof.

On February 24, 2020, pursuant to Resolution No. 2020-0158, the City Council approved the Contract and Performance Bond.

Below is a summary of the project:

Original Contract Amount: $224,000.00

Construction Change Order No. 1: $2,842.00 Extended existing heat trace onto new cooling tower bypass piping and installed additional piping and pipe insulation to connect the new cooling tower bypass piping to the southwest corner of the existing EVAPCO cooling tower.

Final Construction Cost: $226,842.00 The final construction cost for this project is $226,842.00 which is 1.268% or $2,842.00 above the original contract amount.

Retainage held is 5% of the total project or $11,342.10. This will be paid in thirty (30) days, leaving the current payment due of $25,300.40.

FINANCIAL IMPACT: This project is funded using CIP No. 379-010 “Tyson Events Center Remodeling & Repair”

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Infrastructure Focus Area – Grow Sioux City

ALTERNATIVES: None

ATTACHMENTS: Resolution Redlinger Bros. Plbg & Htg Co. Application and Certificate for Payment No. 3 Redlinger Bros. Plbg & Htg Co. Application and Certificate for Payment No. 4 RETAINAGE Construction Change Order No. 1 Consent of Surety to Final Payment Contractor’s Affidavit of Payment of Debts and Claims Contractor’s Affidavit of Release of Liens

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION ACCEPTING THE WORK AND AUTHORIZING FINAL PAYMENT TO REDLINGER BROS. PLUMBING & HEATING CO. OF WATERTOWN, SOUTH DAKOTA FOR THE TYSON EVENTS CENTER COOLING TOWER REPLACEMENT PROJECT (PROJECT NO. 7093-379-010).

WHEREAS, on February 10, 2020, Sioux City, Iowa, entered into a contract with Redlinger Bros. Plumbing & Heating Co. of Watertown, South Dakota for the Tyson Events Center Cooling Tower Replacement Project ("the project") within the City as therein described; and

WHEREAS, said contractor has satisfactorily completed the construction of the project in accordance with the terms and conditions of said contract and the plans and specifications as shown by the Application for Payment filed with the City Clerk on August 3, 2020, and attached hereto and made a part hereof; and

WHEREAS, in accordance with the terms of the contract, the contractor is entitled to final payment, providing no liens have been filed against the work.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA:

A. The said Application for Payment, be, and the same is hereby approved and adopted and the project is hereby approved and accepted as having been fully completed in accordance with the said plans and specifications and contract and the total project cost of the project under said contract is hereby determined to be $226,842.00 as shown in said Application for Payment.

B. The Director of Finance be, and she is hereby authorized and directed to issue a check in the amount of $25,300.40 now and in the amount of $11,342.10 in thirty days provided there are no liens or claims against retainage on file, payable from the appropriate fund in favor of Redlinger Bros. Plumbing & Heating Co. of Watertown, South Dakota for the construction of the project.

PASSED AND APPROVED: August 3, 2020 Robert E. Scott, Mayor

ATTEST: Heidi Farrens, Deputy City Clerk

Stan LaFave

Richard R. Ames

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 3, 2020 ACTION ITEM # 8B FROM: Don Trometer, Risk Manager

Resolution approving partial settlement of a tort claim and authorizing SUBJECT: payment thereof (Nelson)

Department Finance De- City City Man- Reviewed By: x x x x Director partment Attorney ager

RECOMMENDATION: Staff respectfully requests the City Council approve partial payment of this property damage claim at 4734 S. Lakeport Street.

DISCUSSION: On June 18, 2020, a contractor hit a 2” unmarked sprinkler line owned by the City of Sioux City and flooded the basement of a new house. Most repairs are completed. To date, for the reconstruction of the entire basement totals $18,413.93. The amount of $5,000.00 was ad- vanced to the contractor on July 24, 2020 leaving a balance of $13,413.94.

FINANCIAL IMPACT: Payment of $13,413.94 to Bluff Creek Construction. This will be a partial payment as it is yet to be determined what excavation needs done at the front of the house. Reduce the Tort Fund by $13,413.94 payable to Bluff Creek Construction.

RELATIONSHIP TO STRATEGIC PLAN: N/A

ALTERNATIVES: Litigation

ATTACHMENTS: Resolution RESOLUTION NO. 2020 - ______

RESOLUTION APPROVING PARTIAL SETTLEMENT OF A TORT CLAIM AND AUTHORIZING PAYMENT THEREOF (NELSON)

WHEREAS, a claim was filed against the City of Sioux City, Iowa by Marlin Nelson resulting from a broken sprinkler line adjacent to 4734 S. Lakeport Street on June 18, 2020; and

WHEREAS, the City Council has been advised and does believe that it will be in the best interests of the City to compromise and partially settle said claim without admitting liability.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that said claim be partially settled and the Director of Finance be and she is authorized and directed to issue a check from the appropriate fund in the amount of $13,413.94 payable to Bluff Creek Construction.

PASSED AND APPROVED: August 3, 2020 Robert E. Scott, Mayor

ATTEST: Heidi Farrens, Deputy City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 3, 2020 ACTION ITEM # 9 Lisa L. McCardle, City Clerk FROM: Heidi Farrens, Deputy City Clerk Motion appointing Linda Kalin to the Airport Board of Trustees for a three- year term expiring June 30, 2023, replacing Noelle Jacobs.

Motion reappointing Mark Custer to the Historic Preservation Commission for a three-year term expiring June 30, 2023.

Motion reappointing Johnathan Vodochodsky to the Historic Preservation Commission for a three-year term expiring June 30, 2023.

SUBJECT: Motion appointing Terry Lynn Dahlquist to the Library Board of Trustees for a three-year term expiring June 30, 2023, replacing Hope Schaefer.

Motion reappointing Jane Vereen to the Library Board of Trustees for a three-year term expiring June 30, 2023.

Motion reappointing Mary Martin to the Transit System Advisory Board for a three-year term expiring June 30, 2023, upon due consideration of the circumstances the City Council waives the policy that no person shall serve more than two consecutive terms.

Department Finance City City Reviewed By: x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests that City Council appoint the above applicants to the appropriately listed Boards, Commissions or Committees.

DISCUSSION: The above-mentioned individuals have completed applications and appeared before the Council to interview for open positions; the Council has indicated their preferences to appoint them.

FINANCIAL IMPACT: None.

RELATIONSHIP TO STRATEGIC PLAN: Interviewing and appointing citizens to various Boards, Commissions, and Committees shows our effort to incorporate citizen input in municipal government.

Relates to Progressive Leadership Vision - We will use formal and informal methods to en- gage the Council, our employees, and our customers to promote enhanced organizational engagement and commitment to our shared vision; and the Strategy - Develop strong partnerships with our residents, visitors, and business community.

ALTERNATIVES: Council may approve the appointments as listed or withdraw their preferences for them and wait for additional applications to be submitted for the openings.

ATTACHMENTS: None

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 3, 2020 ACTION ITEM # 10 Lisa L. McCardle, City Clerk FROM: Heidi Farrens, Deputy City Clerk

A. ON-PREMISE SALES

1. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry- out) A. Blue Ribbon Tap and Pearl’s Wine and Booze (Temporary Out- door Service, August 22-23, 2020) B. Restaurante Campestre, 1800 Pierce Street (Renewal) C. Whiskey Dick’s, 212 Cunningham Drive (Renewal) SUBJECT: B. OFF-PREMISE SALES

1. CLASS B WINE PERMIT (wine only) A. Love’s Travel Stop No. 479, 2525 Singing Hills Boulevard (Re- newal) 2. CLASS C BEER PERMIT (beer/wine coolers) A. Love’s Travel Stop No. 479, 2525 Singing Hills Boulevard (Re- newal)

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests and recommends approval of the above Beer and Liquor Licenses.

DISCUSSION: Zoning Code has been verified for the above applicants; and the Fire Department has approved all applicants.

Building, Electrical, Mechanical, Plumbing, and Police Department inspections have been delayed due to the spread of Covid-19.

Property tax records were verified and taxes are paid to date; the business utility accounts are also current for all applicants unless otherwise noted.

FINANCIAL IMPACT: The percentage of the local authority share of liquor license fees gathered by the State of Iowa Alcoholic Beverages Division varies from license to license; the City collected $103,614.42 in FY2020.

RELATIONSHIP TO STRATEGIC PLAN: Health and Safety Vision - We will enhance public health and safety by maximizing the utilization of technology, improved community engagement, and improved communications and facilities.

ALTERNATIVES: Council may, at their discretion, vote for approval or deny in opposition of the City departments’ recommendations.

ATTACHMENTS: None

SIOUX CITY PUBLIC MUSEUM BOARD OF TRUSTEES REGULAR MEETING June 19, 2020

A meeting of the Sioux City Public Museum Board of Trustees was held Friday, June 19, 2020 at 12:00 p.m. at the Sioux City Public Museum, 607 4th Street, Sioux City, Iowa.

MEMBERS PRESENT MEMBERS ABSENT OTHERS PRESENT Amy DeGroot-Hammer Dave Somsky Steve Hansen Greg Giles Ben Nesselhuf Deanna Mayo David Halaas Bruce Lear John Meyers

CALLED TO ORDER: Lear called the meeting to order at 12:10 p.m.

MINUTES: Giles made a motion to approve the minutes of March 13, 2020 as submitted. The motion was seconded by Halaas and passed unanimously.

Financial Report: Hansen presented the financial report and noted the Museum should end the fiscal year around 85% spent. The largest savings will be reflected in the utilities line. Any remaining funds at the end of the year will go back to the City’s general fund. Meyers made a motion to approve the financial report. The motion was seconded by Giles and passed unanimously.

Museum Facilities: Hansen reported new carpet has been installed on the 1st deck of the Sgt. Floyd River & Welcome Center. Hansen noted Knova’s Carpet did a nice job with the installation. Hansen stated staff has shampooed 95% of the Museum’s carpet and has painted several rooms and hallways at the Museum. Staff also installed a window air conditioner at the Mansion. The Mansion has central air on the first and third floors only.

Exhibit and Events: Hansen stated that Matt Anderson is close to finishing the installation of the in-house exhibit, Saturday in the Park: 29 Years of Memories. This exhibit will be on display for the summer. Hansen noted he will contact Dave Bernstein and discuss holding a reception for this exhibit. The traveling exhibit, The City of Hope: Resurrection City and the 1968 Poor People’s Campaign will continue to be on display when the Museum opens along with the Vernon Tott Photographs exhibit. These exhibits have not had a lot of viewing because of the Museum’s closure.

NEW BUSINESS:

Museum Re-Opening: Hansen reported City Hall will be opening in a limited capacity on June 23. Hansen noted he has been in contact with the Art Center and several other cultural institu- tions regarding re-opening plans and many are considering July 7 as a potential opening date. Hansen stated the Museum has purchased several sandwich boards for both locations which will encourage visitors to stay 6-ft apart. The City will also be providing window clings that will note masks are strongly encouraged. Tables have been placed in the atrium to hold handouts and hand sanitizing stations have been made. The front information desk has been roped off to distance visitors to beyond the 6-ft requirements and the Museum’s Dig Pit and hands-on exhibits will remain closed for an undetermined timeframe. Hansen stated the Museum Store will also remain closed at this time. After discussion, Halaas made a motion to open the Sioux City Pub- lic Museum on July 7, 2020. The motion was seconded by Meyers and passed unanimously.

Hansen reported all summer educational classes have been canceled through June but the Mu- seum does have some children’s Make It and Take It activities schedule for July along with some summer camps. Staff is considering limiting the camps to a smaller number of children per camp. Hansen noted that the Museum will have parents complete and sign a form to be used for contact tracing if necessary. Further discussion was held by the board. Halaas made a motion to cancel all Museum camps until August. The motion was seconded by Meyers and passed unanimously.

Hansen reported State of Iowa Welcome Centers will be opening up prior to the July 4th holi- day. Hansen stated he has concerns with opening the Sgt. Floyd River Museum & Welcome Center due to the number of out-of-state visitors and the narrow walkways on the boat. Potential options include opening the first deck only as well as limiting the number of people allowed at any given time. The Hamilton Blvd. and I29 construction project is also set to begin on July 6 which will affect access to the Welcome Center. The annual Antique Car Show scheduled to be held at the Welcome Center on July 12 has already been canceled. After discussion, Meyers made a motion directing the Welcome Center to remain closed until further review. The motion was seconded by DeGroot-Hammer and passed unanimously. Meyers noted staff should continue to monitor positive Covid19 cases and encouraged the review of hospital admissions as well. If dates need to be changed, the Board will meet again. Meyers noted the Welcome Cen- ter’s roof is in need of repairs and suggested now would be a good time to have this done. Han- sen stated he has received one bid and has identified some possibilities that may potentially cost less. Hansen will continue to look into this.

ADJOURNMENT: There being no further business, Meyers made a motion to adjourn the meeting at 12:45 p.m. The motion was seconded by DeGroot-Hammer and passed unanimously.

Respectfully Submitted,

Steve Hansen Director – Sioux City Public Museum

PARKING AND SKYWALK SYSTEM BOARD OF TRUSTEES MEETING MINUTES July 15, 2020

The Parking and Skywalk System Board of Trustees met at 9:00 a.m. on Wednesday, July 15, 2020, in Council Chambers, City Hall, 405 6th Street, Sioux City, Iowa.

MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Sam Avery Alexcia Boggs, Chair Dave Carney, PW Director Ragen Cote Mark Reinders Dave Braunger, First Class Security Monette Harbeck Lori Pierson, ABM Parking Jeff Lamoreux Scott Houck, ABM Parking Patrick Rosacker Heidi Farrens, Deputy City Clerk

CALL TO ORDER

Avery called the meeting to order at 9:00 a.m.

MINUTES

Motion by Cote, seconded by Rosacker, to approve the minutes of June 17, 2020; all voting aye.

REPORTS & COMMUNICATIONS

Skywalk Operations – Harbeck stated the Sioux City Hotel assessment was approved by the City Council for unpaid Skywalk Charges. A payment has not been received since January. The Douglas Street bridge repairs are complete.

Parking Operations – Harbeck reported the Heritage Parking Ramp Repair Project is finishing up and the Convention Center ramp project is complete. We have ordered ten new parking me- ters will be installed as soon as they are received. The goal for replacement is 100/year.

Downtown Informational Report – Cote reviewed upcoming events including: Litter Quick Picks on the first and third Fridays monthly; Parking Day on September 20th; and the Alley Art Festival on September 26th.

ABM Parking Services Report – Pierson’s report was emailed to the Board. The number of daily parkers is increasing. Reserved stalls are available at Heritage Parking Ramp.

UNFINISHED BUSINESS

Joint Meeting with City Council – Farrens reported the City Manager’s Office is considering rescheduling all canceled joint meetings. Updates will be provided when available.

Parking Ramp Security Cameras – Pierson reports the cost of a security camera system and installation will be approximately $20,000. Discussion was held regarding that cost versus the annual expenditures made repairing broken gates at ramp exits.

NEW BUSINESS

Approval of costs and distribution to properties for June 2020 – Motion by Avery, seconded by Lamoreux, to approve the costs and distribution to properties for June 2020; all voting aye.

ADJOURNMENT

Being no further discussion, it was motioned by Avery, seconded by Cote, to adjourn the meeting at 9:30 a.m.; all voting aye. CITY PLANNING AND ZONING COMMISSION ABBREVIATED MEETING MINUTES July 14, 2020

A regular meeting of the City Planning and Zoning Commission was held at 4:00 p.m. on this date in the City Council Chambers located on 5th Floor, City Hall, 405 - 6th Street, Sioux City, Iowa. The following Commission members were present on call of the roll: Geary, Ross, Bos- tinelos, Glisar (participated in person) Stewart, Anderson, O’Neill (participated by telephone).

The following staff members were also present: Steven Postolka, City Attorney, Chris Madsen, Senior Planner, Jeff Hanson, Community Development Operations Manager, Ron Kueny, Zon- ing Enforcement Officer, and Larissa Carrell, Administrative Secretary.

Geary read the opening statement explaining the procedures. He then introduced the Commis- sion members and City staff to the audience. The Commission was asked if any member would be abstaining on any agenda item. Geary will be abstaining from item 2020-0050.

Agenda Item 2020-0049: Requested site plan approval for the property located at 6000 Gordon Drive. (Petitioner: Adam Ball)

Chris Madsen presented the site plan for the property located at 6000 Gordon Drive. The Peti- tioner plans on adding a 2,250 square foot weight room on the east side of the property. The proposed site plan was denied at the Development Review Committee on June 18, 2020 due to deficiencies with the Zoning and Sign Ordinance. The main deficiency was not meeting 25-foot street side setbacks. If the site plan is approved, staff requested that a survey be completed to ensure that the building does not encroachment into the right-of-way. Petitioner has stated metal siding will be used, but has not been presented. Madsen stated the Commission could approve those materials now or have them come back for approval. Engineering would like a study on storm water and snow storage to make sure it is adequate.

Ross asked if the city could deed some right-of-way to the Petitioner to essentially ease the problem. Madsen stated, in this instance, the City cannot because the property line is also the city limits line. The City would not have jurisdiction. Madsen explained the Petitioner could go to the County Planning and Zoning Commission and ask for a vacation.

Adam Ball, Petitioner, 1517 Nicollet Street, Sioux City, stated the Siouxland Christian School is trying to designate a space for a weight room, with expanding classrooms they have no area. The Petitioner would like the maximum amount of space for the weight room to make sure it can be used as such. Geary asked if the Petitioner would build, if the survey showed the building encroached into the right-of way. Ball stated they plan on building within the property line; but, without being able to go into the 25 foot setback the building would not be large enough for its intended purpose.

No Citizen telephone calls were received.

The Commission members had a general discussion on vacations with the county, the future land use map for development, flood plain map, and allowing them to build to the property line. Ross proposed the idea of reducing the setback to 2 feet for an approval. Madsen stated the Petitioner would also have the option to attach the proposed building and gain the additional 10 foot fire separation currently shown on the site plan. Geary and Ross asked about design standards with the façade.

Ross (Bostinelos) moved to approve item 2020-0049 with the following modification: a setback of two (2) feet be required on the southeast boundary and that building materials be approved by subsequent order of the Planning and Zoning Commission. Motion carried. 5-2-0 (Yes: Bos- tinelos, Geary, Ross, Anderson, Stewart, No: O’Neill, Glisar Abstain: 0).

Agenda Item 2020-0050: Requested final plat approval of Herfels Addition on property located at 2011 Center Street. (Petitioner: Kelly Construction, Inc.)

Chris Madsen presented the final plat of Herfels Addition. The Petitioner is intending to construct three single family dwellings on the property. The plat would include a three-stall parking garage unit. The site plan was reviewed by the Developmental Review Committee on July 9, 2020. City staff has a condition of adding a flood plain addendum to the final plat. The Petition- ers proposal conforms to the minimum Municipal Code requirements. City staff recommends approval.

Kyle Kelly, Petitioner, 312 Court Street, Sioux City, stated that he agrees with how the report was presented by staff and will answer any questions if needed. Commission members had no questions for the Petitioner.

No Citizen telephone calls were received.

O’Neill (Anderson) moved to approve item 2020-0050. Motion carried. 6-0-1 (Yes: Bostinelos, Glisar, Ross, Anderson, Stewart, O’Neill, No 0: Abstain: Geary).

Other Business

a. Requested Conditional Sign Permit for the property located at 2900 Jackson Street. (Petitioner: Chocolate Mansion Boutique)

Madsen presented the Conditional Sign Permit at 2900 Jackson Street. The proposed sign will be a new freestanding sign on the property. The sign will be 22 square feet and located on the southwest corner of the site. The proposed sign does meet the area requirements for the Urban Residential Zoning which is the equivalent zoning district. Madsen compared the square footage of the signs for Linda Sue Manor and The Pierce Mansion both around five square feet. City staff does recommend approval.

No Citizen telephone calls were received.

The Commission members had a general discussion regarding the allowance of 64 square foot signs in the equivalent zoning area. There was talk about making a motion limiting how large the sign could be. Glisar asked if the sign would be lit. Madsen stated it isn’t listed if it will be lit. Ross brought up the precedence that the Commission is setting. Stewart questioned what kind and how large of a sign the nearby church has. Madsen stated it was a monument sign and seems to be larger than 22 square foot.

Ross (O’Neill) moved to approve this item but to limit the sign to five square feet. Motion carried. 4-3-0 (Yes: Bostinelos, Ross, O’Neill, Geary No: Anderson, Glisar, Stewart Abstain: 0).

b. Report by the Chair regarding Planning and Zoning items at the City Council Meet- ing.

Geary asked if he should start attending the City Council Meetings again. Madsen stated he can, but they are also streamed on YouTube.

c. Other items brought forward by the Commission and/or staff.

Bostinelos stated she will not be at the Commission meeting on July 28, 2020.

d. Approval of the minutes of the June 23, 2020 meeting.

O’Neill (Bostinelos) moved to approve the June 23, 2020 minutes. Motion carried. 6-0-1 (Yes: Bostinelos, Stewart, Ross, O’Neill, Anderson, Geary No: 0 Abstain: Glisar).

There being no further business, O’Neill motioned, Glisar seconded, and with a 7-0-0 vote the meeting was adjourned at 5:01 p.m.

Submitted by Larissa Carrell

______CHAIR PLANNING DIRECTOR SIOUX CITY TRANSIT ADVISORY BOARD REGULAR MEETING JULY 15, 2020

On this date 3:30 p.m., at 509 Nebraska Street, Sioux City, Iowa, was held a regular meeting of the Sioux City Transit Advisory Board for the purpose of discussing items of interest and con- cern to the Sioux City Transit System, the City of Sioux City, and the citizens thereof, matters to be brought to the attention of the Advisory Board by the Transit Manager; and such other business that might properly come before the Board at this time.

MEMBERS PRESENT MEMBERS ABSENT OTHERS Sue Errickson Jeff Harcum, Operations Supv. Mary Martin Mike Collett, Assistant City Manager Richard Owens Julie Johannsen, Admin As- sistant Mike Tokarczyk Curt Miller, SRTS Kathie Pfaffle

ITEM NO. 1 CALL OF ROLL AND INTRODUCTIONS

Roll was called.

ITEM NO. 2 APPROVAL OF JUNE MINUTES

Martin made a motion, Tokarczyk seconded the motion, to approve the minutes from the June meeting. All members present voted aye to approve the minutes.

ITEM NO. 3 OPERATING AND PARATRANSIT REPORTS

Collett stated revenue and expenses are down over the previous year and still within budget. Passenger counts are showing steady increases each month. An additional bus is still being utilized at peak time to provide social distancing on the impacted route.

Collett informed the board that an initial meeting was held with the school district to discuss transportation plans for the upcoming school year. Transit presented a plan that would limit buses to seating capacity. This plan was discussed with Siouxland District Health and they are in concurrence. Another meeting is scheduled for July 17, 2020.

Martin asked if SCTS would be providing transportation for the summer school program. Collett stated we would not. Owens asked what the seating capacity is for the buses. Collett respond- ed that it is approximately 35 passengers depending on the bus.

Owens asked if there was any data on how many riders have contracted the virus. There is no data available for this. Owens inquired if most riders have masks and if they do not have a mask are they allowed to ride. Collett stated many riders do have masks and masks are available on the buses if the passenger wants one but they are not required.

ITEM NO. 4 OTHER BUSINESS

A. Grant Updates

Harcum stated that the fuel tank project work is complete with the outstanding item of training to be provided by FuelMaster scheduled for the last week of July.

Harcum stated the garage lighting/remodel project has begun. Lighting fixtures have been ordered and work on the locker room has begun.

Harcum informed the board that a decision on the bus facility grant has not been received.

B. Annual Report to Council

Collett provided an overview of the FY2020 Annual Report to Council. Owens asked if the reduced ridership would have an impact on future funding. Collett stated that funding from the state is tied to ridership and that the pandemic will have affected agencies across the state. Federal funding is based on population figures derived from the census.

ITEM NO. 5 OTHER DISCUSSION

Miller stated that SRTS reopened to the public July 15, 2020 and that Sioux City Paratransit numbers have been roughly the same as recent months.

SRTS is working to get 13 new buses into service. They have also received funding for another 15 buses.

Miller informed the board that the grant for the SRTS facility has been officially awarded and the bid process for engineering and design has begun.

Martin asked if SRTS would be providing transportation for the Native American pre-school program. Miller stated they have been in contact with the school district regarding their needs but have not heard from the Native American program.

Tokarczyk asked about the process for adding benches or shelters at more heavily used stops. Harcum explained the process of analyzing the passenger counts and working with local part- ners to try to secure funding for these items. Collett added that the city does look at major street construction projects to see if new shelters or benches can be incorporated in the scope of the project.

Tokarczyk asked if the destination signs on the buses can be programmed to also display other messages such as points of interest along the route. Collett confirmed that they can be programmed. He stated this has been tested in the past and received some negative customer feedback as they sometimes missed the route display.

ITEM NO. 10 NEXT MEETING

The next regular meeting will be held on August 19, 2020.

Errickson made a motion, Martin seconded the motion, to adjourn; all members present voted aye. Meeting adjourned at 4:10 p.m.

Mary Martin, Secretary

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 3, 2020 ACTION ITEM # 12 Rex Mueller, Chief of Police FROM: Mark Kirkpatrick, Captain

Resolution awarding a purchase order to Midwest Public Safety LLC of De- catur, Illinois in the amount of $260,861.00, for the purchase of 120 body SUBJECT: worn camera units and all necessary equipment to operate and maintain the system, including video storage, and all necessary hardware and software to integrate with thirty-seven (37) patrol cars.

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests the City award a purchase order, in the amount of $260,861.00, to Midwest Public Safety LLC, for the purchase of one hundred twenty (120) body worn camera units and all necessary equipment to operate and maintain the system, including video storage. The system will include all necessary hardware and software to integrate with thirty-seven (37) patrol cars.

DISCUSSION: The GETAC MDT/In-Car video system that we currently operate was purchased with the understanding that if body worn cameras were added at a later date, the current provider would be the preferred vendor for integration purposes. Getac is able to provide an integrated solution with the addition of these cameras. Utilizing one back office software program, the body worn cameras will integrate with the in-car system to provide more accurate video recovery when necessary.

Getac Video Solutions is the parent provider. Midwest Public Safety is their preferred reseller in this purchase. The in-car system was previously purchased through Group Mobile, Getac’s preferred reseller at the time. Group Mobile has since been purchased by another company. We have not been provided alternative vendors for this purchase. Getac has stated that this pricing is being provided through Midwest Public Safety only for this project.

FINANCIAL IMPACT: Funds will be paid from Project # 195-048

RELATIONSHIP TO STRATEGIC PLAN: “Health and Safety Vision: We will enhance public health and safety by maximizing the utilization of technology, improved community engagement, and improved communications and facilities.” P.1, 2010-2013 City of Sioux City Strategic Plan.

ALTERNATIVES: Reject the request

ATTACHMENTS: Resolution Midwest Public Safety LLC Estimate

RESOLUTION NO. 2020 - ______

RESOLUTION AWARDING A PURCHASE ORDER TO MIDWEST PUBLIC SAFETY LLC OF DECATUR, ILLINOIS IN THE AMOUNT OF $260,861.00, FOR THE PURCHASE OF 120 BODY WORN CAMERA UNITS AND ALL NECES- SARY EQUIPMENT TO OPERATE AND MAINTAIN THE SYSTEM, INCLUDING VIDEO STORAGE, AND ALL NECESSARY HARDWARE AND SOFTWARE TO INTEGRATE WITH THIRTY-SEVEN (37) PATROL CARS.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that a purchase order be issued to Midwest Public Safety LLC of Decatur, Illinois, in the amount of $260,861.00 for the purchase of one hundred twenty (120) body worn camera units and all necessary equipment to operate and maintain the system, including video storage, and all necessary hardware and software to integrate with thirty-seven (37) patrol cars.

PASSED AND APPROVED: August 3, 2020 Robert E. Scott, Mayor

ATTEST: Heidi Farrens, Deputy City Clerk