On the agenda: Charles City meeting — surveillance camera (Nov 16)

City of Charles City
City Council Agenda
Council Chambers, City Hall
1. Meeting Date And Time
A. November 16, 2026, At 6:00 P.m. City Council, The Mayor, And City Staff Will Attend In
Person In The Council Chambers At City Hall. The Public May Attend The Meeting In
Person Or Watch The Meeting Live On YouTube At
Https://Www.youtube.com/@CityofCharlesCity50616/Streams.
2. Call To Order
3. Citizen/Public Comments (Limited To 4 Minutes Per Comment)
An opportunity for citizens, groups or representatives or organizations to
address the Governing Body on any issue which is not on the agenda
4. Mayor's Welcome
5. Consider Approval Of The Agenda
Discussion
Motion
6. Consider Approval Of Minutes From The November 2 And November 9 Meetings:
Motion
Discussion
Documents:
11.02.2026_11.09.202MTGMINUTES.PDF
7. Consider Approval Of The Consent Calendar
A. Class “C” Retail Alcohol License (BW) For Prologue. Books & Wine
B. Class “C” Retail Alcohol License (BW) For Charles Theatre Inc.
C. Class “B” Retail Alcohol License (LG) For Hy-Vee Fast And Fresh
D. Alcohol Ownership Amendment For Hy-Vee Inc
E. Tobacco Ownership Amendment For Hy-Vee Inc
F. Contractor’s License And Permit Bond: Daniel Hovey Dba Hovey Plumbing LLC
G. Mowing Lien Assessments: Parcels #12-07-327-011-00 $80.00; #11-01-432-007-00
$85.00; And #11-01-432-007-00 $255.00
H. Delinquent Utility Assessments: Parcels #12-06-153-060-00 $69.00; #12-06-358 007-00
$193.00; #12-07-109-002-00 $191.00; #12-06-380-014-00 $295.00; #12-06-128-002-00
$346.00; #12-06-406-013-00 $212.00; #12-07-133-007-00 $375.00; #12-06-153-036-00
$383.00; #12-06-353-013-00 $349.00; #12-07-402-005-00 $329.00; #12-06-153-063-00
$138.00; #12-07-107-009-00 $540.00; #12-06-454-010-00 $122.00; #11-01-432-004-00
$137.00; #11-01-460-001-00 $320.00; And #12-06-179-016-00 $108.00

H. Delinquent Utility Assessments: Parcels #12-06-153-060-00 $69.00; #12-06-358 007-00
$193.00; #12-07-109-002-00 $191.00; #12-06-380-014-00 $295.00; #12-06-128-002-00
$346.00; #12-06-406-013-00 $212.00; #12-07-133-007-00 $375.00; #12-06-153-036-00
$383.00; #12-06-353-013-00 $349.00; #12-07-402-005-00 $329.00; #12-06-153-063-00
$138.00; #12-07-107-009-00 $540.00; #12-06-454-010-00 $122.00; #11-01-432-004-00
$137.00; #11-01-460-001-00 $320.00; And #12-06-179-016-00 $108.00
I. 10/2026 Financials And CC Public Employee Health Plan
Documents:
10.2026 FINANCIALS_CC EMP HEALTH PLAN.PDF
J. Payment Of Claims
Documents:
CLAIMS REPORT 11.13.26.PDF
8. Business Of The Mayor
A. Proclamation For American Education Week
Documents:
AMERICAN EDUCATION WEEK_2026.PDF
9. Petitions, Public Hearings, Communications, Awards And Requests
A. Closure Request For Main Street Bridge For The Holiday Fireworks Show
Motion
Discussion
Documents:
BRIDGE CLOSURE REQUEST_HOLIDAY FIREWORKS12.04.2026.PDF
B. Public Hearing On The Proposal To Convey Real Property To Garrett Bellinger
Affidavit of Publication- 11/6/2026
Written Comments
Oral Comments
Close Hearing
Consider Resolution No. 159-26 APPROVING OFFER TO BUY FOR
THE CONVEYANCE OF REAL ESTATE OWNED BY THE CITY OF
CHARLES CITY, IOWA, TO GARRETT BELLINGER
Motion
Discussion
Documents:
AIS - RES 159-26 PH_OFFER TO BUY 311 4TH AVE.PDF

Documents:
AIS - RES 159-26 PH_OFFER TO BUY 311 4TH AVE.PDF
10. Ordinances, Resolutions, And Motions
A. Consider Resolution No. 147-26 APPROVING A COLOCATION AGREEMENT
BETWEEN THE CITY OF CHARLES CITY AND ROUTER12 NETWORKS, LLC
Motion
Discussion
Documents:
AIS - RES 147-26 ROUTER12 COLOCATION AGREEMENT.PDF
B. Consider Resolution No. 153-26 APPROVING A 10-YEAR MASTER SERVICES AND
PURCHASING AGREEMENT WITH AXON ENTERPRISES, INC. FOR BODY-WORN
AND FLEET CAMERA SYSTEMS
Motion
Discussion
Documents:
AIS - RES 153-26 AXON BODY AND FLEET CAMERA
AGREEMENT_11.16.2026.PDF
C. Consider Resolution No. 160-26 AMENDING RESOLUTION NO. 35-92 THE OFFICIAL
TRAFFIC CONTROL LISTING FOR THE CITY OF CHARLES CITY
Motion
Discussion
Documents:
AIS - RES 160-26 TRAFFIC CONTROL LISTING AMENDMENT.PDF
D. Consider Resolution No. 161-26 APPROVING COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) CONTRACT WITH THE IOWA ECONOMIC DEVELOPMENT
AUTHORITY FOR THE WELL NO. 9 PROJECT
Motion
Discussion
Documents:
AIS - RES 161-26_RES 162-26 CDBG_NIACOG WELL NO. 9.PDF
E. Consider Resolution No. 162-26 APPROVING GRANT ADMINISTRATION AGREEMENT
WITH NORTH IOWA AREA COUNCIL OF GOVERNMENTS (NIACOG) FOR
ADMINISTRATION OF THE WELL NO. 9 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG)

E. Consider Resolution No. 162-26 APPROVING GRANT ADMINISTRATION AGREEMENT
WITH NORTH IOWA AREA COUNCIL OF GOVERNMENTS (NIACOG) FOR
ADMINISTRATION OF THE WELL NO. 9 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG)
Motion
Discussion
Documents:
AIS - RES 162-26 CDBG WELL NO. 9 GRANT ADMIN AGREEMENT
NIACOG.PDF
F. Consider Motion Approving CDBG Administrative Policies, Certifications, Appointments,
And Signature Authorizations For Well No. 9 Project
Motion
Discussion
Documents:
AIS - MOTION CBDG ADMIN POLICIES_CERTS_APPTS_11.16.2026.PDF
G. Consider Resolution No. 163-26 AUTHORIZING AN INTERNAL LOAN FOR THE
ECONOMIC DEVELOPMENT LOCAL BUSINESS SUPPORT PROGRAM
Motion
Discussion
Documents:
AIS - RES 163-26 INTERNAL ADVANCE URA LOCAL BUSINESS SUPPORT
PROG.PDF
H. Consider Resolution No. 164-26 AUTHORIZING PAYMENT REQUEST NO. 21 TO
KINGLAND CONSTRUCTION SERVICES FOR THE PARTIAL RELEASE OF
RETAINAGE FOR THE CITY HALL/POLICE DEPARTMENT RENOVATION PROJECT
Motion
Discussion
Documents:
AIS - RES 164-26 KINGLAND PAY REQUEST 21 CH-PD
RENO_11.16.2026.PDF
I. Consider Resolution No. 165-26 APPROVING PAY REQUEST NO. 2 TO POPP
EXCAVATING, INC. FOR THE 2026 NORTH GRAND AVENUE CPKC RAILROAD
CROSSING IMPROVEMENT PROJECT
Motion
Discussion

CROSSING IMPROVEMENT PROJECT
Motion
Discussion
Documents:
AIS - RES 165-26 NORTH GRAND CPKC PAY APP 2.PDF
J. Consider Resolution No. 166-26 APPROVING AGREEMENT WITH CALHOUN-BURNS
AND ASSOCIATES FOR 2027 BRIDGE INSPECTION SERVICES
Motion
Discussion
Documents:
AIS - RES 166-26 CBA BRIDGE INSPECTION AGREEMENT.PDF
K. Consider Motion Approving The FY26 Street Finance Report
Motion
Discussion
Documents:
AIS - FY26 STREET FINANCE REPORT APPROVAL.PDF
L. Consider Motion Approving The FY26 Annual Financial Report
Motion
Discussion
M. Consider Motion Approving The FY26 Annual Urban Renewal Report
Motion
Discussion
Documents:
AIS - FY26 URBAN RENEWAL REPORT.PDF
N. Consider Motion Approving The FY28 TIF Certification Report
Motion
Discussion
Documents:
AIS - TIF CERTIFICATION FINAL.PDF
O. Consider Motion To Enter Into Closed Session Pursuant To Iowa Code Section 21.5(1)(I)
To Conduct A Performance Evaluation Of The City Administrator, At His Written

Documents:
AIS - TIF CERTIFICATION FINAL.PDF
O. Consider Motion To Enter Into Closed Session Pursuant To Iowa Code Section 21.5(1)(I)
To Conduct A Performance Evaluation Of The City Administrator, At His Written
Request, To Prevent Needless And Irreparable Injury To His Reputation
Motion
Discussion
P. Consider Motion To Reconvene Into Open Session
Motion
Discussion
Q. Consider Resolution No. 167-26 APPROVING AMENDMENT TO EMPLOYMENT
CONTRACT WITH CITY ADMINISTRATOR
Motion
Discussion
Documents:
AIS - RES 167-26 AMEND CITY ADMIN AGREEMENT.PDF
11. Other Business
A. Miscellaneous Correspondence
B. City Attorney's Report
C. City Engineer's Report
D. City Clerk's Report
E. City Administrator's Report
F. Board, Commission or Committee Reports
G. Future Agenda Items
12. Adjournment

CITY OF CHARLES CITY COUNCIL MINUTES
REGULAR SESSION
November 2, 2026
Charles City City Council met in regular session on November 2, 2026, at 6:00 p.m. in
the Council Chambers of City Hall. Mayor Dean Andrews presided and the following
Council Members were present: Phillip Knighten (via Zoom), Krista Noah, and Jeff
Otto. Also present were City Administrator Tyler Trout, City Attorney Brad Sloter,
Communications Director Katie Hirv, Development Services Director Chris Miller,
Engineer Mark Crawford, Fire Chief Sam Deverell, Police Officer Derek Miller, Police
Chief Hugh Anderson, and Street Superintendent Tony Stonecypher.
Mayor Andrews called for public comments on items not listed on the agenda. No
comments were received. He then welcomed those in attendance.
Motion by Otto, seconded by Noah, to approve the agenda as amended, moving
Item 10G, Resolution No. 158-26, to the first position under business items. Ayes: 3.
Motion carried.
Motion by Noah, seconded by Otto, to approve the minutes of the October 19 regular
meeting and October 28 planning session. Ayes: 3. Motion carried.
Motion by Noah, seconded by Otto, to approve the consent calendar. Ayes: 3. Motion
carried. The consent calendar consisted of the following items: Class “C” Retail
Alcohol License for Garcia's Inc. dba Plaza Mexico Mexican Restaurant; Class “B”
Retail Alcohol License for Kwik Trip Inc. dba Kwik Star #468; Contractor's License and
Permit Bond for Boys Rental LLC; mowing lien assessments of $70.00 each for Parcel
#11-12-134-002-00 and #11-12-134-004-00; meter repair lien assessment of $294.00 for
Parcel #11-01-276-004-00; and Payment of Claims (including those approved by
other boards):
CHECK
90746
90751
90766
90775
90795-90800
90820
90823
90870
90871
90872
90873-90874
90875-90876
90880
90881
90882-90885
90886
90887
90888
90889
90890
90891
90892
90893
90894
90895
90896
90897
90898
90899
90900
90901-90902

VENDOR
CLEAR LAKE MIRROR REPORTER
HOCKENSON PLUMBING
NEWBAUER INC
TASTE OF HOME
UB DEPOSIT REFUNDS
DEBOEST CONCRETE CORP
ENVIRONMENTAL RESOURCE ASSN
CITY OF CHARLES CITY
CC PUBLIC EMP HEALTH PLAN
EMC NATIONAL LIFE-SUPPLEM
VSP
MUTUAL OF OMAHA
NEW CHALLENGE PRODUCTS
NOAH,SMITH,SLOTER,ELLINGSON
ARNOLD MOTOR SUPPLY LLP
CENTRAL LOCK SECURITY
CHARLES CITY ELECTRONICS
CITY OF CHARLES CITY
CJ COOPER & ASSOCIATES INC
CUMMINS SALES & SERVICE
DEAN ANDREWS
DO IT ALL SERVICES LLC
DR. FUEL GOOD
EQUIPMENT BLADES INC
FRIEDRICH PLUMBING & HEATING
HY-VEE INC
JENNIFER A FOSTER
JESUS RICARDO QUIROZ GUZMAN
MARTIN BROS DISTRIBUTING
MICK GAGE PLUMBING & HEATING
MIDAMERICAN ENERGY

TOTAL
$48.00
$140.00
$41.00
$44.20
$127.26
$2,000.00
$300.00
$1,080.00
$42,180.24
$6.00
$526.69
$1,137.65
$199.75
$4,171.76
$2,579.97
$304.00
$39.99
$428.12
$475.00
$3,454.93
$236.93
$105.00
$783.00
$6,170.26
$695.86
$158.94
$2,200.00
$100.00
$44.52
$11,747.60
$35,042.88

90903
90904
90905
90906
90907
90908
90909
90910
90911
90912
90913
90914
90915
90916
90917
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ELEC
ELEC
ELEC
ELEC
ELEC
ELEC
ELEC
ELEC
ELEC
ELEC
ELEC
ELEC
ELEC
ELEC

MIKE MOLSTEAD MOTORS INC
MILLS-INC
MUNICIPAL SUPPLY INC
OSAGE ORACLE
PAWS HUMANE SOCIETY
POWER SERVICES/MICHAEL CHAPMAN
SNAP ON
ED STIVERS FORD INC
STIVERS MIDWEST PRO UPFITTERS
SUPERIOR WELDING SUPPLY CO
TITUS LOCK SERVICES
TRIUMPH SURPLUS STORE
VERIZON
YOUNG CONSTRUCTION LTD
ZIP'S TRUCK EQUIPMENT,INC
ACCESS SYSTEMS LEASING
AHLERS & COONEY PC
AMI GLOBAL LLC
CC PAYROLL ENDING 10/17/26
CENTRAL-MCGOWAN, INC.
GENERAL TRAFFIC CONTROLS
METERING TECHNOLOGY SOLUTIONS
MICROBAC LABORATORIES, INC
MISSISSIPPI LIME COMPANY
NCL OF WISCONSIN
SHORT ELLIOTT HENDRICKSON
USA BLUEBOOK
AFLAC
AUXIANT
BANCORPSV
BUSINESS CARD
DELTA DENTAL
EFTPS (PAYROLL TAXES)
EO JOHNSON
IA PUBLIC EMPLOY RETIRE
LEAF
MISSION SQUARE
MUNICIPAL FIRE & POLICE
SKYBLUE SOLUTIONS
TREASURER STATE OF IOWA
US POSTAL SERVICE
TOTAL:

$52.30
$730.05
$530.25
$2,250.58
$1,550.00
$18,552.71
$477.00
$49,900.00
$10,213.44
$40.00
$1,600.00
$13.43
$60.06
$11,321.00
$326.99
$369.45
$3,410.00
$2,190.00
$111,113.55
$1,017.01
$941.00
$13,439.32
$455.75
$12,228.13
$381.93
$1,505.00
$600.16
$1,294.29
$129.62
$672.34
$1,818.12
$2,922.18
$28,468.62
$62.87
$34,609.99
$137.36
$4,565.31
$29,243.04
$696.36
$7,299.03
$1,000.00
$474,757.79

September 2026 Receipts: Gen- 211,730.28; P/R H/M- 252.29; H/M- 14,283.37; P/R Res2,500.00; HsgInt- 55,792.02; RUT- 89,149.64; EmpBen- 61,282.06; CVTC- 3,380.48; LOST119,234.60; LMI- 255.38; TIF- 38,599.05; FGP- 30,351.67; AssetForf- 33.65; Cable- 412.01;
Debt- 32,283.78; Water- 362,855.55; WRRF- 205,919.58; WasteFund- 69,892.96; Transit27,168.82; SWU- 17,944.31; FireExt- 930.47. Total- 1,344,251.97.
September 2026 Disbursements: Gen- 328,902.11; H/M- 74,261.38; RUT- 61,638.90;
EmpBen- 86,279.93; CVTC- 3,772.31; LibTr- 1,554.54; FGP- 25,809.63; StC/I- 11,485.40;
CWTrail- 1,740.00; CHProj- -56,082.30; PoolProj- 480.00; RRXings- 2,085.00; Water311,288.99; WRRF- 101,743.73; WasteFund- 67,712.80; Transit- 35,428.27; SWU- 20,676.96;
FireExt- 212.00. Total- 1,078,989.65.
Mayor Andrews presented a proclamation declaring November 2026 as Alzheimer's
Disease Awareness Month in Charles City. He noted that the City's water tower would
be illuminated in teal in recognition of the month. Motion by Otto, seconded by
Noah, to approve the proclamation. Ayes: Otto, Noah, Knighten. Nays: None. Motion
carried.

Development Services Director Miller presented a minor subdivision request from
Brandon and Ashley Dittmer for property located at 521 Sunset Place. The proposed
subdivision would divide the existing parcel into three lots, including the existing
residence, an accessory structure with potential residential use, and a lot for future
development. Miller reported that no utility conflicts were identified, although
additional sewer service and access arrangements may be necessary. The Planning
and Zoning Commission unanimously recommended approval at its October 14
meeting. Council member Knighten introduced Resolution No 158-26, “APPROVING
MINOR SUBDIVISION – DITTMER’S SUBDIVISION OF LOT 10, BLOCK 1 OF SIEMS
SUNSET ACRES ADDITION,” and moved for adoption. Seconded by Otto. Resolution
duly passed on roll call vote as follows: Ayes: Noah, Knighten, Otto. Nays: None.
Mayor Andrews opened the public hearing on the proposed conveyance of Cityowned real estate to Joseph R. Hull. Affidavit of publication dated October 23, 2026
was informally filed. No written or oral comments were received. Motion by Noah,
seconded by Otto, to close the public hearing. Ayes: Knighten, Otto, Noah. Nays:
None. Motion carried. Council considered the proposed conveyance for a purchase
price of $3,000. City Attorney Sloter advised that a utility easement would be retained
for existing utilities located within the property. Council member Otto introduced
Resolution No 150-26, “APPROVING OFFER TO BUY FOR THE CONVEYANCE OF REAL
ESTATE OWNED BY THE CITY OF CHARLES CITY, IOWA, TO JOSEPH R. HULL,” and
moved for adoption. Seconded by Noah. Resolution duly passed on roll call vote as
follows: Ayes: Otto, Noah, Knighten. Nays: None.
Mayor Andrews opened the public hearing on the proposed plans, specifications,
form of contract, and estimate of cost for the 2026 Fire Station Re-Roofing Project.
Affidavit of publication dated October 23, 2026 was informally filed. No written or oral
comments were received. Motion by Otto, seconded by Noah, to close the public
hearing. Ayes: Noah, Knighten, Otto. Nays: None. Motion carried. Engineer Crawford
reported that one bid was received for the project in the amount of $69,675, below
the estimated project cost of $80,000. The project was included in the current fiscal
year budget. Council member Otto introduced Resolution No 151-26, “APPROVING
FINAL PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST, AND
AWARDING CONTRACT FOR THE 2026 FIRE STATION RE-ROOFING PROJECT,” and
moved for adoption. Seconded by Knighten. Resolution duly passed on roll call vote
as follows: Ayes: Knighten, Otto, Noah. Nays: None.
City Engineer Crawford reported that the construction contract, performance and
maintenance bond, and certificate of insurance had been received for the 2026 Lime
Residual Disposal Project. A preconstruction meeting had been held, and work was
anticipated to begin in the near future. Crawford also discussed precautions
regarding access to the lagoon area. Council member Otto introduced Resolution No
152-26, “APPROVING THE CONSTRUCTION CONTRACT, PERFORMANCE AND
MAINTENANCE BOND, AND CERTIFICATE OF INSURANCE FOR THE 2026 LIME
RESIDUAL DISPOSAL PROJECT,” and moved for adoption. Seconded by Noah.
Resolution duly passed on roll call vote as follows: Ayes: Otto, Noah, Knighten. Nays:
None.
Council discussed Resolution No 153-26, proposing a 10-year Master Services and
Purchasing Agreement with Axon Enterprises, Inc. for police body-worn and fleet
camera systems. City Attorney Sloter reported that Axon had agreed to allow
termination for convenience with 90 days' written notice, but the revised language
had not yet been incorporated into the agreement. Additional clarification was
needed regarding potential equipment charges upon termination. Chief Anderson
discussed equipment replacement schedules, contract pricing, and internal
safeguards and audit trails. Council requested additional information regarding
contract provisions, training, and city policies. No action was taken on Resolution No.
153-26 pending further review and clarification of the agreement. Discussion will
continue at the November 9 Planning Session, with formal consideration anticipated
at the November 16 Council meeting.
City Attorney Sloter reviewed the proposed conveyance of City-owned property at 311
4th Avenue, which the City had previously acquired through nuisance property
proceedings under Iowa Code Chapter 657A. The City advertised the property for bids

and received one bid of $15,000 from Garrett Bellinger. The proposed offer requires
exterior improvements within 180 days and substantial completion sufficient to
obtain a certificate of occupancy within one year. Council member Knighten
introduced Resolution No 154-26, “SETTING PUBLIC HEARING ON PROPOSED
CONVEYANCE OF REAL ESTATE OWNED BY THE CITY OF CHARLES CITY, IOWA (311
4TH AVENUE),” setting the hearing for November 16, 2026, and moved for adoption.
Seconded by Noah. Resolution duly passed on roll call vote as follows: Ayes: Noah,
Knighten, Otto. Nays: None.
Street Superintendent Stonecypher reviewed the proposed concrete replacement at
the intersection of 7th Street and Freeman Street. He explained that the pavement
had experienced significant settling and deterioration, creating issues for snow
removal equipment and traffic. The repair was identified during the budget process,
and the estimate from DeBoest Concrete Corp. was below the Engineer Crawford’s
estimate. Work is anticipated to be completed before winter, weather permitting.
Council member Otto introduced Resolution No 155-26, “APPROVING ESTIMATE
FROM DEBOEST CONCRETE CORP. FOR CONCRETE REPLACEMENT AT THE
INTERSECTION OF 7TH STREET AND FREEMAN STREET,” and moved for adoption.
Seconded by Noah. Resolution duly passed on roll call vote as follows: Ayes: Knighten,
Otto, Noah. Nays: None.
City Administrator Trout reviewed the proposed expansion of the Riverside Urban
Renewal Area, which would include additional properties near TNC Machine, the
redemption center, and the former middle school. The expansion would allow
eligible properties to participate in urban renewal programs. Trout explained that the
amendment requires Planning and Zoning Commission review and consultation
with affected taxing entities. Council member Noah introduced Resolution No 156-26,
“SETTING DATE FOR PUBLIC HEARING ON DESIGNATION OF THE EXPANDED
RIVERSIDE URBAN RENEWAL AREA AND ON URBAN RENEWAL PLAN
AMENDMENT,” setting the hearing for December 7, 2026, and moved for adoption.
Seconded by Otto. Resolution duly passed on roll call vote as follows: Ayes: Otto,
Noah, Knighten. Nays: None.
City Administrator Trout reviewed the proposed expansion of the South Grand Urban
Renewal Area. The proposed boundaries would incorporate additional commercial
properties, with some adjustments necessary to accommodate legal descriptions
and maintain a contiguous district. Council reviewed the proposed boundaries and
discussed properties included in the expansion. Council member Noah introduced
Resolution No 157-26, “SETTING DATE FOR PUBLIC HEARING ON DESIGNATION OF
THE EXPANDED SOUTH GRAND URBAN RENEWAL AREA AND ON URBAN
RENEWAL PLAN AMENDMENT,” setting the hearing for December 7, 2026, and
moved for adoption. Seconded by Otto. Resolution duly passed on roll call vote as
follows: Ayes: Noah, Knighten, Otto. Nays: None.
Engineer’s Report: Crawford provided updates on several ongoing projects, including
construction at the Union Place – Kading Development, utility connections, and
drainage investigations. Crawford reported that the Iowa DOT had completed its final
field review of the railroad crossing closure project and that CPKC had removed the
remaining crossing timbers. Crawford, along with City Clerk Lentz will proceed with
reimbursement requests to the Iowa DOT and railroad. Crawford also reported that
railroad signals for the North Grand Avenue crossing had not yet arrived, and
construction was being considered for spring or summer 2027.
City Clerk’s Report: Lentz reminded Council of the November 9 Planning Session and
November 16 Regular Council Meeting. She reported that the City's auditors would
present the final audit reports via Zoom at the November 9 meeting. A separate
planning session to discuss utility rates will be scheduled. The next regular Council
meeting following November 16 will be December 7, due to the Thanksgiving holiday
and meeting schedule.
City Administrator’s Report: Trout reported that 11th Street west of South Main Street
would be closed beginning November 3 for approximately two weeks to
accommodate sewer and utility connections associated with the medical center
expansion.

Board, Commission, or Committee Reports: Council member Noah provided an
update on the ambulance feasibility study. The consultants have received the
requested materials and are tentatively planning an onsite visit for January 4–5, 2027.
Council members may be interviewed during the visit, either in person or virtually,
depending on availability.
Motion by Noah, seconded by Otto, to adjourn at 6:52 p.m. Ayes: 3. Motion carried.
_______________________________________
Dean Andrews, Mayor
Attest:__________________________________
Brittney Lentz, City Clerk

CITY OF CHARLES CITY
COUNCIL PLANNING SESSION
November 9, 2026
The Charles City City Council met in a Planning Session on November 9, 2026, at 6:00 p.m., in the
Council Chambers of City Hall. Mayor Dean Andrews called the meeting to order. The following council
members were present: Phillip Knighten (via Zoom), Patrick Lumley, Krista Noah, and Jeff Otto. Also
present were the following city staff: City Administrator Tyler Trout, Communications Director Katie
Hirv, Police Chief Hugh Anderson, and Police Officer Derek Miller.
Police Chief Hugh Anderson addressed questions previously raised by Council regarding the proposed
10-year agreement with Axon Enterprises, Inc. for body-worn and fleet camera systems. Anderson
explained that the City would opt out of Axon's data usage provisions at no additional cost and
clarified the agreement's artificial intelligence features, access controls, video retention policies, and
termination provisions. He noted that AI-generated police reports are not included in the agreement,
while transcription for video redaction and language translation capabilities are included. The
agreement also allows the City to terminate early, subject to repayment of applicable equipment
discounts. Anderson discussed the reliability of the equipment, the need to replace the department's
increasingly unreliable cameras, and the anticipated implementation timeline. Council expressed
support for moving forward, and the agreement will be presented for formal consideration at the
November 16 regular meeting.
Aaron Olsen of T.P. Anderson & Company, P.C. presented the FY26 financial statement audit and the
American Rescue Plan Act (ARPA) compliance examination. Both received unmodified opinions, with
no adjusting journal entries required. Olsen reported that the City's overall cash-basis net position
decreased approximately $2.1 million, primarily due to capital expenditures associated with the City
Hall/Police Department renovation and other projects. She commended City staff for strong financial
management, accurate budgeting, and maintaining a favorable cash position. The audit identified
two significant deficiencies involving segregation of duties and utility billing controls. City Clerk Lentz
explained that corrective measures have been implemented, including additional review of utility rate
changes and monthly billing adjustment reports. Other matters discussed included fund balances,
transit operations, the water debt sinking fund, and the Employee Benefits Fund levy. Olsen
acknowledged the City's efforts and emphasized that the overall audit results were very positive.
Council discussed the potential impact of upcoming state legislation on municipal finances.
City Administrator Tyler Trout provided an update on outstanding punch list and warranty items
associated with the City Hall/Police Department Renovation Project. Trout explained that Kingland
Construction Services, LLC's original payment request of approximately $66,802 had been reduced to
approximately $26,802 while the City continues to withhold funds for outstanding work. Discussion
included the distinction between punch list and warranty items, the remaining construction work,
and the importance of completing concrete work before winter weather prevents its completion. Nine
outstanding items remain, and staff continues to work with Kingland and Bergland + Cram to resolve
them.
Communications Director Katie Hirv presented a preview of the City's redesigned website being
developed with CivicPlus. The updated design features a more modern appearance, improved
navigation, and easier access to frequently requested information and resources. Hirv explained that
the redesign will not result in additional costs to the city because a previously initiated redesign
project was never completed. City staff continues to review and update website content in preparation
for the transition. Council expressed positive feedback regarding the proposed design and
improvements.
Council discussed scheduling a planning session to review the utility rate study and proposed rate
adjustments. Following discussion of available dates and the anticipated ordinance adoption timeline,
Council agreed to schedule the planning session for Wednesday, December 2, 2026, at 6:00 p.m.
Mayor Andrews exited the meeting at 6:58 p.m., at which time Mayor Pro Tem Lumley assumed
presiding duties.
City Administrator’s Report: City Administrator Trout reported that the Street Department had begun
its second round of leaf collection and would evaluate the need for additional collection once
completed. He reminded Council that City Hall would be closed Wednesday, November 11, in
observance of Veterans Day. The City's water tower will be illuminated red, white, and blue, and
recognition of veterans serving on City Council and employed by the city is being coordinated. Trout
also reminded Council of the Main Street Visioning meeting scheduled for November 10 at 6:00 p.m.
in the Zastrow Room.
Board, Commission, or Committee Reports: No reports were presented.
With no further business to discuss, the planning session adjourned at 7:05 p.m.

_____________________________________
Dean Andrews, Mayor
Attest: ___________________________________
Brittney Lentz, City Clerk

CLAIMS REPORT
NOVEMBER 4, 2026 - NOVEMBER 17, 2026
VENDOR
ACCESS SYSTEMS LEASING
AGVANTAGE FS
AMAZON CAPITAL SERVICES
ANNETTE DEAN
AUXIANT
BANCORPSV
BREITBACH OFFICE LLC
BRUENING ROCK PRODUCTS INC
BUSINESS CARD
CAROL CASE
CARMEN RAMSAY (FGP)
CC PAYROLL
CC PUBLIC EMP HEALTH PLAN
CEDAR BASIN MEDIA
CEDAR RIVER RAILROAD
CENTRAL LOCK SECURITY
CENTURYLINK
CHARLES CITY PRESS INC
CHRIS MILLER
CINTAS CORPORATION
CIRCLE K COMMUNICATIONS INC
CITY OF CHARLES CITY
CM2 SUPPLY
CORE & MAIN
COREY HAWKE
CRAWFORD ENGINEERING
CROELL INC
D&L CAR CARE
DAIDA
DISH NETWORK
DIXON ENGINEERING INC
DOORS, INC.
DORSEY & WHITNEY
EFTPS (PAYROLL TAXES)
EMC NATIONAL LIFE-SUPPLEM
EOCENE ENVIRONMENTAL
FAREWAY STORE
FLOYD COUNTY ENGINEER
FOSTER GRANDPARENTS
GDB & SONS
GENERAL COLLECTION CO
GWORKS
HAWKINS

REFERENCE
PRINTER LEASE-FGP
OHR LIFT GENERATOR FUEL-WRRF
LIB MATERIALS/SUPPLIES
LIB PROCESSING MATERIAL REIMB
FLEX SPENDING REIMBURSEMENTS
FLEX PLAN DRAW-BENNY CARDS
PRE-EMPLOY PHYSICAL-MEESTER
1' ROAD ROCK-STREET
SERVICES/SUPPLIES - CITY DEPTS
LIB CLEANING CONTRACT
MILEAGE REIMB
PAYROLL ENDING 10/31/26
MED INS-PRETAX
FGP RADIO ADVERTS
STORMSEWER/MANHOLE BASE RENT
ALARM DIALER SERVICE CALL-WTP
PHONES-PARK & REC
PUBLICATION FEES
QTRLY PAVEMENT MEETING MILAGE
MAT SERVICE-WTP
CONTRACT SERVICES-TRANSIT
UNREIMB MEDNOSS/CVTC UTILTIIES
BULK C02-WTP
SAN SW HARDWARE
LIB MAINT SERVICE CONTRACT
MUNICIPAL ENGINEERING SERVICES
STREET REPAIRS
TRANSFER CASE/ACTUATOR REPLACE
RADIX MONTHLY SUBSCRIPTION
TV SERVICE-P&R
FLUTED/ELLIPSE/CLEARWELL MAINT
KEYS-CH/PD
BOND/LOAN LEGAL SERVICES
FED/FICA TAX
LIFE INS-SUPPLE
ACM SURVEY PHASE 1
FOOD/SUPPLIES-WILDWOOD
HOSES/FITTINGS-STREET
STIPEND/MILEAGE
2026 TREE REMOVAL BID
CREDIT BUREAU FEES
SIMPLECITY ANNUAL SUBSCRIPTION
CHLORINE CYLINDER-WTP

AMOUNT
$
668.41
$
867.22
$
439.46
$
14.67
$
129.62
$
20.51
$
75.00
$ 1,206.34
$ 4,235.98
$ 1,603.00
$
64.96
$ 108,552.87
$ 41,693.38
$ 1,819.00
$
100.00
$
570.00
$
748.19
$ 1,515.24
$
142.88
$
182.79
$ 6,278.49
$ 1,434.98
$ 1,999.42
$ 1,811.52
$
422.00
$ 5,400.00
$ 1,106.00
$ 1,035.49
$
572.80
$
107.13
$ 10,800.00
$
157.00
$ 5,024.50
$ 28,156.75
$
6.00
$ 19,480.00
$
714.45
$
393.72
$ 11,841.50
$ 16,050.00
$
38.98
$ 30,000.00
$ 2,106.65

HOCKENSON PLUMBING
HYDROCORP
HY-VEE
IDOT-CASHIER'S OFFICE
INFOUSA MARKETING
INGRAM LIBRARY SERVICES
IOWA DEPT OF NATURAL RESOURCES
IOWA ONE CALL
IOWA POETRY ASSOCIATION
IOWA RURAL WATER ASSOCIATION
JACQUELINE FERCH (FGP)
JENDRO SANITATION SERVICES
JEO CONSULTING
JESUS RICARDO QUIROZ GUZMAN
JOHN DEERE FINANCIAL
KANOPY INC
L&J INDUSTRIES INC
LEAF
LESSIN SUPPLY COMPANY
LINFORD MARTIN
LYNCH DALLAS LEGAL
MARTIN EQUIPMENT
MECHANICAL AIR SYSTEMS CO
MEDIACOM
MERRITT COMPUTER SERVICE
METERING & TECH SOLUTIONS
MICROBAC LABORATORIES
MIDAMERICAN ENERGY
MIKE'S C&O TIRE
MISSION SQUARE
NCL OF WISCONSIN
NCMIC FINANCE CORPORATION
NEW HAMPTON TRIBUNE
NEWBAUER INC
NOAH,SMITH,SLOTER,ELLINGSON
NORTH IOWA LAWN & SPORTS
OMNITEL COMMUNICATIONS
PETROBLEND CORP
PLUNKETT'S PEST CONTROL
POSTMASTER
PROSHIELD FIRE & SECURITY
RAPID PRINTERS/OFFICE WORLD
RIVER STONE LANDSCAPING LLC
ROUTER12 NETWORKS LLC
SCHUETH ACE HARDWARE
SHAMROCK TRUCK & TRAILER
SHORT ELLIOT HENDRICKSON

PLEATED FILTERS-LIB
WATER METER REPLACEMENTS
LIB PROGRAM SUPPLIES
GREASE/HYDRAULIC HOIST
POLK CITY DIRECTORY-LIB
LIBRARY MATERIALS
GRADE 4 WATER EXAM FEE-DEETZ
UTILITY LOCATES-WTP
LYRICAL IOWA 2026-LIB
MEMBERSHIP RENEWAL-WTP/WRRF
MILEAGE REIMB
GARBAGE SERVICES-CITY DEPTS
CC POOL RENOVATION
MOWING-WTP
MISC HARDWARE/SUPPLIES
KANOPY KIDS SUBSCRIPTION-LIB
LAWN MOWER REPAIR-WILDWOOD
COPIER LEASE-WTP
ANTISEIZE MACHINE GREASE-WTP
FIRE OPERATOR/SERVICE TRAINING
CIVIL SERVICE LEGAL FEES
PROTECH SG12L/RP2867
ERV SYSTEM MAINT-WRRF
WRRF INTERNET SERVICE
MANAGED SERVICES-CITY DEPTS
WATER METERS
TESTING SERVICES-WRRF/WTP
UTILITIES-LIBRARY
TIRE REPAIRS-CITY DEPTS
MS-457 ROTH
LAB SUPPLIES-WRRF
CC FEES-WILDWOOD
FGP ADVERTS
MAT SERVICE-CITY DEPTS
LEGAL FEES-CITY DEPTS
FUEL SOLENOID-P&R
WTP INTERNET SERVICE
MOBILE GREASE-WRRF
PEST CONTROL-LIBRARY
UTILITY BILL POSTAGE
ANNUAL INSPECTION-LIBRARY
#10 REGULAR ENVELOPES x12-WTP
EDGING REPLACEMENT-LIB
INTERNET SERVICE-CH/PD/FD
GARDEN HOSE/SPRINKLER-P&R
MAINT ENGINES 252 & 253
PWS DESIGN & PERMITTING

$
181.36
$ 31,819.11
$
56.60
$
558.98
$
195.00
$ 3,235.48
$
60.00
$
59.50
$
12.75
$
475.00
$
19.20
$ 65,647.16
$ 2,773.75
$
200.00
$
224.57
$
355.00
$
80.00
$
103.11
$ 1,165.81
$
135.70
$
237.50
$ 9,600.00
$
312.50
$
283.03
$ 1,184.00
$ 2,974.00
$
549.17
$ 2,207.81
$
866.56
$ 4,565.31
$
375.21
$
122.58
$
896.00
$
610.22
$ 3,443.10
$
127.25
$
387.16
$
63.80
$
547.20
$ 1,130.76
$
439.63
$
612.00
$
290.00
$
280.00
$
544.33
$ 1,888.81
$ 5,770.00

SJE RHOMBUS
STAPLES ADVANTAGE
STATE HYGIENIC LABORATORY
STERICYCLE
SUPERIOR LUMBER INC
SUPERIOR WELDING SUPPLY CO
T-MOBILE FOR BUSINESS
THE PRINTERY
THE RIVER REGISTER
THOMAS KANTARIS (FGP)
TP ANDERSON & COMPANY
TRIUMPH SURPLUS
TRUCK CENTER COMPANIES
TYLER TROUT
US POSTAL SERVICE
VISA
WEX BANK

SERVICE FLEX PLAN-WTP
OFFICE SUPPLIES-LIB
ANNUAL TOXICITY ANALYSIS-WRRF
SHRED SERVICES-CH
SPORTSMANS DOOR MATERIALS
HYDRO TEST FIRE EXTIN-FD
CELLULAR PHONES-WTP
PET ELECTION LAMINATING
FGP ADVERTS
MILEAGE REIMB
FY2026 AUDIT FIELDWORK
POSTAGE-STREET
ELEMENT-FUEL FILTER
IA LEAGUE BUDGET WORKSHOP REIM
RESERVE POSTAGE-BUS OFF
LIB MATERIALS/SUPPLIES
FUEL-CITY TRANS

$ 2,500.00
$
359.50
$
653.00
$
86.72
$
186.38
$
20.00
$ 1,244.72
$
50.40
$ 1,288.20
$
12.80
$ 13,000.00
$
17.68
$
87.78
$
60.00
$ 1,000.00
$ 1,442.69
$ 13,956.89
TOTAL: $ 493,219.67

PROCLAMATION
AMERICAN EDUCATION WEEK
WHEREAS, public schools are the foundation of strong communities
and a thriving democracy, providing students with the knowledge, skills, and
opportunities necessary to become responsible and productive citizens; and
WHEREAS, quality public education prepares young people for the
future by encouraging academic achievement, personal growth, critical
thinking, and lifelong learning; and
WHEREAS, teachers, administrators, paraprofessionals, custodians,
bus drivers, secretaries, food service workers, and all education support
professionals demonstrate unwavering dedication to the success and wellbeing of our students; and
WHEREAS, our schools bring together students, families, educators,
businesses, and community members in a shared commitment to providing
educational opportunities and building a brighter future for generations to
come;
NOW, THEREFORE, I, Dean Andrews, Mayor of Charles City, Iowa, do
hereby proclaim November 16–20, 2026, as the 105th annual observance of
American Education Week in the City of Charles City and encourage all
citizens to recognize and express appreciation for the individuals who make a
difference in the lives of our students each day.
Signed this 16th day of November, 2026.

______________________________________
Dean Andrews, Mayor

MEETING DATE: 11/16/2026

AGENDA ITEM SUMMARY
Subject: Public Hearing and Consideration of Resolution No. 159-26 – Approving
Offer to Buy for the Conveyance of City-Owned Real Estate to Garrett Bellinger
(311 4th Avenue)
__________________________________________________________________________
Background Summary:
The City of Charles City has received an Offer to Buy from Garrett Bellinger for the purchase of the Cityowned property located at 311 4th Avenue, legally described as Lot Eleven (11), Block Seven (7), Second
Hart-Parr Addition to Charles City, Iowa.
The proposed purchase price is $15,000, with the property to be conveyed in its existing “as-is” condition. As
part of the agreement, Mr. Bellinger has agreed to rehabilitate the existing residential structure and address
outstanding property conditions. The agreement requires exterior improvements to be completed within 180
days following closing and substantial completion of the rehabilitation, including obtaining a final Certificate of
Occupancy, within one year following closing. Reasonable extensions may be approved by the City for
circumstances beyond the buyer's control.
The City Council previously approved Resolution No. 154-26, setting a public hearing on the proposed
conveyance for November 16, 2026, at 6:00 p.m. Notice of the public hearing was published, with the
Affidavit of Publication dated November 6, 2026.
The public hearing will provide an opportunity for interested individuals to submit written or oral comments
regarding the proposed conveyance. Following the close of the public hearing, Council will consider
Resolution No. 159-26, which approves the Offer to Buy and authorizes the Mayor and City Clerk to execute
the necessary deed and related documents to complete the transaction. The resolution also directs the City
Clerk to submit the required documents for recording with the Floyd County Recorder upon receipt of the
purchase consideration.

Staff Recommendation:
Staff recommends conducting the public hearing and, following consideration of any comments received,
approving Resolution No. 159-26 authorizing the conveyance of the property to Garrett Bellinger in accordance
with the terms and conditions of the Offer to Buy.

NOTICE OF PUBLIC HEARING ON PROPOSED CONVEYANCE OF REAL ESTATE
OWNED BY THE CITY OF CHARLES CITY
A public hearing will be held at 6:00 p.m. on the 16th day of November, 2026, in the Council
Chambers of City Hall at 900 Clark Street to consider the proposed conveyance of real property
owned by the City of Charles City, Iowa described as:
Lot Eleven (11), Block Seven (7), Second Hart-Parr Addition to Charles City, Iowa
(locally known as 311 4th Avenue, Charles City, IA 50616)
(“the Property”)
to Garrett Bellinger for good and valuable consideration. Other terms of conveyance are set forth
in an Offer to Buy on file in the office of the City Clerk.
Written objections or comments may be filed with the City Clerk at the above address prior to the
time of hearing, and oral and written objections or comments will be received at the time of
hearing.
After the public hearing, the City of Charles City may make a final determination to accept or
reject the Offer to Buy as submitted, or upon condition that certain terms be changed, or the City
of Charles City may defer action on any or all of the proposals until a subsequent meeting.
Brittney Lentz, City Clerk
City of Charles City, Iowa

Proof of Publication
STATE OF IOWA
Floyd County,

801 Riverside Drive • Charles City, IA 50616
For questions please call (641) 228-3211

I, Christopher Hall, Owner/Publisher, of the CHARLES CITY PRESS, in said county, do hereby state
that I certify under penalty of perjury and pursuant to the laws of the State of Iowa that a notice, which is
1
a true copy, has been printed and published each week for _______
consecutive weeks in the regular daily
Friday
6
issues of said paper commencing with the issue of __________________________
on the ________
day of
November
26
November 6
26
____________________________
A.D., 20_____
and ending with the issue of, _____________________,
20_____.

____________________________________________
Owner/Publisher

____________________________________________
Notary Public in and for the State of Iowa

22.57
Acknowledgment and charges for above services $______________
6
Subscribed and sworn to before me this _________
day of
November
26
______________________
A.D., 20____

PAGE 1 OF ___
1

OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: City of Charles City, Iowa (SELLER)
The undersigned BUYER hereby offers to buy and the undersigned SELLER by its
acceptance agrees to sell the real property situated in Charles City Floyd County, Iowa, legally
described as:
Lot Eleven (11), Block Seven (7), Second Hart-Parr Addition to Charles City, Iowa
(locally known as 311 4th Avenue, Charles City, IA 50616)
together with any easements and appurtenant servient estates, but subject to any reasonable
easements of record, and zoning restrictions, herein referred to as the "Property," upon the
following terms and conditions provided BUYERS, on possession, are permitted to use the
Property for any use permitted by applicable laws and ordinances.
1. PURCHASE PRICE. The Purchase Price shall be $15,000.00 and BUYERS shall pay
the full purchase price in cash, certified funds, or wire transfer at the time of closing with
adjustment for closing costs to be added or deducted from this amount.
2. REAL ESTATE TAXES. Seller is a tax-exempt government entity, and the Buyers
agree that the Seller shall not be required to pay any real estate taxes or to give the Buyers a credit
for prorated real estate taxes at Closing. BUYERS shall be solely responsible for all taxes due and
payable September 1, 2027, and thereafter.
3. SPECIAL ASSESSMENTS.
A. SELLER shall pay in full all special assessments
which are a lien on the Property as of the date of acceptance.
B. BUYER shall pay all other special assessments.
4. RISK OF LOSS AND INSURANCE. SELLER shall bear the risk of loss or damage to
the Property prior to closing or possession, whichever first occurs.
5. POSSESSION AND CLOSING. Closing shall occur on or before November 20, 2026,
unless otherwise mutually agreed upon by the parties. SELLER agrees to permit BUYERS to
inspect the Property within 72 hours prior to closing to assure that the premises are in the condition
required by this Agreement. This transaction shall be considered closed upon the filing of title
transfer documents and receipt of all funds then due at closing from BUYERS under the
Agreement.
6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to,
are specifically adapted to or are a part of the real estate, whether attached or detached.
7. CONDITION OF PROPERTY. BUYERS are purchasing the Property in its “AS IS”
existing condition with all faults, defects, or other adverse matters. Buyers acknowledge that Seller
1

has made no representations or warranties with respect to the Property, including, but not limited
to, any warranties or representations as to habitability, merchantability, fitness for a particular
purpose, leasing, latent or patent physical condition, utilities, operating history or projections, or
valuation. Buyers hereby waive any claims based on the condition of the property and release and
discharge the Seller and its employees, officers, and agents from any such claims, liabilities, and
causes of action. The Buyer shall be responsible for disposing of any junk, garbage, and/or
personal property located at the Property and shall be responsible for abating any existing nuisance
conditions at the Property.
8. ABSTRACT AND TITLE. SELLER is not required to provide an abstract of title to
the Property and does not make any representations or warranties as to the state of title to the
Property.
Buyer may, at Buyer’s expense, obtain an abstract of title to the Property continued through
the date of acceptance of this Agreement, and deliver it to BUYER's attorney for examination prior
to closing. If closing is delayed due to SELLER's inability to provide marketable title, this
Agreement shall continue in force and effect until either party rescinds the Agreement after giving
ten days written notice to the other party.
9. DEED. Upon payment of the purchase price, SELLER shall convey the Property to
BUYER by Municipal “Quit Claim” Deed.
10. REMEDIES OF THE PARTIES.
A. If BUYERS fail to timely perform this
Agreement, SELLER may forfeit it as provided in the Iowa Code (Chapter 656), and all payments
made shall be forfeited; or, at SELLER's option, upon thirty days written notice of intention to
accelerate the payment of the entire balance because of BUYERS’ default (during which thirty
days the default is not corrected), SELLER may declare the entire balance immediately due and
payable. Thereafter this agreement may be foreclosed in equity and the Court may appoint a
receiver.
B. If SELLER fails to timely perform this Agreement, BUYERS have the right to have all
payments made returned to them.
C. BUYERS and SELLER are also entitled to utilize any and all other remedies or actions
at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney
fees as permitted by law.
11. NOTICE. Any notice under this Agreement shall be in writing and be deemed served
when it is delivered by personal delivery or by certified mail return receipt requested, addressed
to the parties at the address given below.
12. CERTIFICATION. Buyers and Seller each certify that they are not acting, directly or
indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order
or the United States Treasury Department as a terrorist, “Specially Designated National and
Blocked Person” or any other banned or blocked person, entity, nation or transaction pursuant to
any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets
Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person,
2

group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other
party from and against any and all claims, damages, losses, risks, liabilities and expenses
(including attorney’s fees and costs) arising from or related to my breach of the foregoing
certification.
13. GENERAL PROVISIONS. In the performance of each part of this Agreement, time
shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of
such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and
bind the successors in interest of the parties. This Agreement shall survive the closing. Paragraph
headings are for convenience of reference and shall not limit or affect the meaning of this
Agreement. Words and phrases herein shall be construed as in the singular or plural number, and
as masculine, feminine or neuter gender according to the context.
14. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Seller represents and
warrants to Buyer that the Property is not served by a private sewage disposal system, and there
are no known private sewage disposal systems on the property.
15. ADDITIONAL PROVISIONS:
A. CONTINGENCY. Seller’s obligations under this Offer to Buy are contingent on the approval
of this Offer to Buy by the City Council of the City of Charles City, Iowa, and after such notice
and hearing required by law.
B. CLOSING COSTS. Sellers are responsible for preparation of this Agreement, deed preparation,
and transfer tax. Buyer is responsible for abstracting, title examination, recording fees, and
inspection expenses, if any.
C. BUYERS’ POST-CLOSING OBLIGATIONS. Buyer acknowledges that the Property is being
conveyed for the purpose of rehabilitation of the existing residential structure on the Property in
accordance with all applicable laws, ordinances, codes, and permit requirements. Within one
hundred and eighty (180) days after closing, Buyer shall, at Buyer’s sole cost and expense,
commence and complete exterior improvements (including but not limited to completion of siding,
roofing, windows, exterior doors, and any other unfinished work) in a good and workmanlike
manner using materials and workmanship of a quality reasonably appropriate for the Property.
Within one (1) year after closing, the Buyer shall substantially (1) complete the proposed
development of the residential structure on the Property, including interior improvements
necessary to make the residential structure eligible for lawful occupancy, including, but not limited
to, installation and completing of required plumbing, heating, electrical, and other building
systems, (2) complete all renovation, remediation, corrective work, and other improvements
required by the city, including correction of outstanding code violations and deficiencies identified
through required inspections, and (3) obtain a final Certificate of Occupancy issued by the City.
The above deadlines shall be subject to reasonable extensions approved by the City for
circumstances beyond the Buyer’s control.
Buyers shall reasonably cooperate with the Seller and shall provide Seller with copies of
documentation reasonably requested to verify completion of improvements. Buyer’s failure to
complete the improvements in accordance with this Paragraph shall constitute a default under this
3

Agreement.
Buyer shall be required to obtain all zoning approvals, building permits, and other approvals
necessary for the redevelopment.
Buyer shall not sell, assign, encumber, convey, or otherwise transfer the Property prior to
issuance of a Certificate of Occupancy without the City’s prior written consent. This
affirmative restriction shall be incorporated into the Municipal Deed to the Buyer. Buyer
acknowledges that this restriction is intended to ensure completion of the required
improvements. Upon issuance of a Certificate of Occupancy, the City shall, upon written
request, execute and record an appropriate instrument evidencing termination of the
restriction.
D. REPRESENTATION. This agreement is prepared by the attorney for the Seller. Buyers have
been advised of this representation and have been informed of Buyers right to obtain independent
legal counsel to review the Agreement on their behalf. Buyers have either obtained independent
legal counsel or has intentionally declined to do so.
E. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be
deemed an original. Signatures which have been photocopied, sent by facsimile, or scanned and
sent by electronic delivery shall have the same force and effect as original signatures.
Dated __________________________
BUYER
_________________________________
Garrett Bellinger (BUYER)
Address: 1845 Rotary Park Rd.
Charles City, IA 50616
Telephone: 319-240-2613
SELLER
CITY OF CHARLES CITY
By: _______________________________
Dean Andrews, Mayor
ATTEST:
_________________________
Brittney Lentz, City Clerk

4

RESOLUTION NO. 159-26
RESOLUTION APPROVING OFFER TO BUY FOR THE CONVEYANCE OF REAL
ESTATE OWNED BY THE CITY OF CHARLES CITY, IOWA TO GARRETT
BELLINGER
WHEREAS, the City of Charles City, Iowa (“the City”), has received a request from
Garrett Bellinger (“Bellinger”) to acquire certain real estate owned by the City, subject to
approval by the Council and after public hearing; and
WHEREAS, the City of Charles City, Iowa, has held a public hearing on the 16th day of
November, 2026, upon prior notice to the public as required by the Iowa Code, on the proposed
conveyance of the following-described property to Bellinger:
Lot Eleven (11), Block Seven (7), Second Hart-Parr Addition to Charles City, Iowa
(locally known as 311 4th Avenue, Charles City, IA 50616)
(“the Property”)
WHEREAS, Bellinger has offered to acquire the Property for good and valuable
consideration, which consideration includes, but is not limited to, Bellinger’s obligations to
rehabilitate the Property pursuant to the terms of the Offer to Buy (“Agreement”) for the
Property, which Agreement is on file in the office of the City Clerk; and
WHEREAS, it is in the best interests of the City to proceed with the sale of the Property
to Bellinger on the terms set forth in the Agreement and herein.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Offer to Buy for the conveyance of the Property to Bellinger (subject to the
conditions and contingencies set forth therein) be and is hereby approved.
2. That the Mayor and City Clerk are authorized to execute (1) a Deed from the City for
the conveyance above identified, and (2) any ancillary documents necessary for the
transaction described in the Agreement.
3. Upon receipt of consideration for the Property, the City Clerk is authorized and
directed to forward the original Deed, together with a certified copy of this resolution
and of the affidavit of publication of the notice of hearing to the Floyd County
Recorder for the purpose of causing said documents to be recorded.
Council Member _________________________ moved adoption of the foregoing
Resolution; Council Member _________________________ seconded the motion to adopt. On
roll call, the voting was as follows:
Ayes: _________________________________________________
Nays: _________________________________________________

Passed and approved this ______ day of ________________, 2026.

____________________________________
Dean Andrews, Mayor
Attest:
___________________________
Brittney Lentz, City Clerk

MEETING DATE: 11/16/2026

AGENDA ITEM SUMMARY
Subject: Resolution No. 147-26 Approving Colocation Agreement with Router12
Networks, LLC
__________________________________________________________________________
Background Summary:
Router12 Networks, LLC recently purchased a portion of WIN's communications
equipment currently located at City Hall and the water tower at 1100 8th Street.
The proposed Colocation Agreement establishes the terms for Router12's
continued use of these facilities for its existing equipment. Router12 will be responsible for
the maintenance and removal of its equipment, along with any associated costs.
The agreement provides for a monthly fee of $200, or $2,400 annually, payable to
the City. The initial term is 36 months, with automatic month-to-month renewals thereafter
unless terminated in accordance with the agreement.
Staff Recommendation:
Staff recommends approval of Resolution No. 147-26, approving the Colocation
Agreement with Router12 Networks, LLC and authorizing the mayor to execute the
agreement on behalf of the City.

COLOCATION AGREEMENT
THIS COLOCATION AGREEMENT (“Agreement”) is made and entered into effective
September 1, 2026 (the “Effective Date”), by and between City of Charles City, an Iowa municipality,
with a principal place of business at 900 Clark Street, Charles City, Iowa 50616 (“Company”) and
Router12 Networks, LLC, an Iowa limited liability company with a principal place of business at 402 19th
St SW B, Mason City, IA 50401 (“Licensee”). Company and Licensee are collectively referred to herein
as the “Parties” and individually as a “Party”.
RECITALS:
WHEREAS, Licensee desires to license Colocation Space from Company, as set forth in
Attachment A (“Colocation Space”) for its equipment, as set forth in Attachment B (“Equipment”).
WHEREAS, Company desires to license to Licensee the Colocation Space for the Equipment.
NOW THEREFORE, in consideration of the mutual covenants herein contained and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties do
hereby agree as follows:
1. Colocation Space. Company shall provide Licensee with Colocation Space as set forth in Attachment
A.
2. Equipment. Licensee may collocate the Equipment identified in Attachment B in the Colocation
Space. Company shall not add to, replace, modify or upgrade the Equipment identified in Attachment B
without prior written approval of Licensee, which shall not be unreasonably withheld, conditioned, or
delayed. Attachment B shall be amended to reflect any change in the Equipment. All costs, expenses and
labor related to installation, replacement, modification, upgrade and removal of the Equipment are the
responsibility of Licensee.
3. Term. This Agreement shall commence the Effective Date and shall continue thereafter for an initial
term of thirty-six (36) months (the “Initial Term”). The Parties agree that this Agreement shall
automatically renew for consecutive periods of one (1) month each (each a “Renewal Term”), unless either
Party provides the other with written notice of its desire to terminate the Agreement at least thirty (30) days
prior to the conclusion of the then-current Term. The Initial Term and the Renewal Terms are collectively
and individually referred to herein as the “Term”.
4. Monthly Fees. During the Term of this Agreement, Licensee agrees to pay Company monthly in
advance on or before the first (1st) day of each month, without demand, the Monthly Fees set forth in
Attachment A for the Colocation Space. The Monthly Fees for the first and last months shall be prorated
as necessary.
4.1. Late Payment Charges. If any undisputed amount due on an invoice from Company is not
received within five (5) days of the due date, then Company may charge, and Licensee agrees to

Colocation Agreement

1

pay interest (if billed) on the past due balance at a rate equal to one and one-half percent (1.5%)
per month or the maximum non-usurious rate of interest under applicable law, whichever is less.
5. Maintenance and Repair of Equipment. Licensee shall be responsible to maintain all of its Equipment
at Licensee’s sole cost and expense. Licensee will maintain ownership of all Equipment and is responsible
for all insurance, risk of casualty losses, and associated liability of ownership. Notwithstanding anything
in this Agreement to the Contrary, Company shall have no liability for damage to or loss of Equipment in
the Colocation Space caused by heat, cold, theft, vandalism, fire, water, winds, dust, rain, or any other
cause whatsoever. Licensee hereby agrees to release and hold Company harmless from any and all claims,
including claims for which Company is or is alleged to be negligent, for damages to Equipment arising
from Licensee’s use of the Colocation Space.
6. Taxes. Licensee shall be solely responsible for payment of all sales or use taxes and assessments, and
any other taxes hereinafter becoming due on account of or arising out of Licensee’s use of the Colocation
Space, upon whichever Party they may be levied (“Taxes”); provided, however, each Party shall be
responsible for their own personal property, real property and income taxes.
7. Interference or Degradation of Service. The Parties agree that any Licensee Equipment shall be tested
before use to ensure that its use will not interfere with or degrade any service Company provides to any of
its customers, or any equipment or facility used by Company for its own purposes or to provide a service
to its customers. Licensee agrees that it will use the Equipment and Colocation Space in a manner that will
not interfere with or degrade any service Company provides to any of its customers, or any equipment or
facility used by Company for its own purposes or to provide a service to its customers.
8. Access. Licensee shall be entitled to access to the Colocation Space pursuant to the procedures set
forth in Attachment C and the labor rates set forth in Attachment A.
9.

Indemnification.
9.1. Lessee and Company (either the “Indemnifying Party”) hereby agree to indemnify, defend,
protect, and hold harmless the other Party and its parents, subsidiaries, and affiliates, and its and
their respective directors, officers, agents, successors, assigns, representatives and employees (the
“Indemnified Parties”) from and against any claim, damage, loss, liability, injury, cost, expense
(including reasonable attorney's fees and expenses), judgments, and settlements of every kind
(individual each a “Claim”) that may be made by anyone for injuries (including death) to persons
or damage to property, resulting in whole or in part from (a) any actions or failure to act, or
violations of applicable law by the Indemnifying Party, its employees, agents, or contractors in
relation to this Agreement; or (b) the failure of the Indemnifying Party to perform its obligations
under this Agreement.
9.2. The Indemnified Parties will (a) notify the Indemnifying Party promptly in writing of any
Claim; and (b) tender the defense of such Claim to the Indemnifying Party. The Indemnified
Parties also will cooperate in a reasonable manner with the defense or settlement of such Claim.
The Indemnifying Party shall keep the Indemnified Parties reasonably and timely apprised of the

Colocation Agreement

2

status of the Claim. The Indemnified Parties shall have the right to retain their own counsel, at
their expense.
9.3. The Indemnifying Party will not be liable under this Section for settlements or compromises
by the Indemnified Parties of any Claim unless the Indemnifying Party has approved the settlement
or compromise in advance or unless the defense of the Claim has been tendered to the
Indemnifying party in writing and the Indemnifying Party has failed to promptly undertake the
defense. In no event shall the Indemnifying Party settle a Claim or consent to judgment with
regard to the same without the prior written consent of the Indemnified Parties which consent shall
not be unreasonably withheld, conditioned or delayed; provided that if the Indemnified Parties
refuse such settlement or judgment, the Indemnified Parties shall, at their own cost and expense,
take over the defense against the Claim and the Indemnifying Party shall not be responsible for,
nor shall it be obligated to indemnify or hold harmless the Indemnified Parties against the Claim
for any amounts in excess of such refused settlement or judgment.
10. Limitation of Liability.
10.1. NO PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT,
SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF OPPORTUNITY, BUSINESS
INTERRUPTION, AND/OR ANY OTHER ECONOMIC LOSS IN CONNECTION WITH OR
ARISING FROM ANY ACTS OR OMISSIONS HEREUNDER, EVEN IF THE OTHER PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2. NO PARTY SHALL BE LIABLE OR RESPONSIBLE TO THE OTHER PARTY OR ANY
OTHER PERSON OR ENTITY FOR DAMAGES ARISING OUT OF, RELATING TO, OR IN
CONNECTION WITH PROVIDING OR FAILING TO PROVIDE THE COLOCATION
SPACE.
10.3. NO PARTY’S LIABILITY, IF ANY, FOR ANY CLAIM ARISING OUT OF, RELATING
TO, OR IN CONNECTION WITH THIS AGREEMENT OR THE COLOCATION SPACE
PROVIDED HEREUNDER SHALL EXCEED AN AMOUNT EQUAL TO SIX (6) TIMES THE
THEN-CURRENT MONTHLY FEE.
10.4. THESE LIMITATIONS WILL APPLY REGARDLESS OF ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED BY LAW.
11. Force Majeure. In the event Company’s performance of this Agreement, or its obligations hereunder,
are directly prevented, restricted, or interfered with by reason of: fire; flood; earthquake; tornado; water;
acts of God; embargo; labor dispute; strike; explosion; government requirement; civil or military
authority; war; public enemy; terrorist act; or inability to secure raw materials or products; acts or failure
to act of any government authority or any other cause beyond Company’s reasonable control, and without
the fault or negligence of Company, whether or not similar to the foregoing, Company will be excused

Colocation Agreement

3

from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference.
Company shall endeavor to give Licensee reasonable notice of any such delay or failure.
12. Default. In the event either Party fails to perform a material obligation of this Agreement, the
performing Party will give the non-performing Party written notice, and the non-performing Party shall
have fifteen (15) days from its receipt of said notice to cure a default that may be cured by the payment of
money and thirty (30) days to cure any other default. In the event the non-performing Party fails to cure
or dispute the default (an “Uncured Event of Default”), then the other Party may terminate this Agreement
as provided in Section 13 of this Agreement.
13. Termination of Agreement.
13.1. By Company. If Licensee has committed an Uncured Event of Default, Company may
terminate this Agreement at any time upon written notice and Licensee shall be required to pay to
Company, within thirty (30) days of the date of termination the Early Termination Fee.
13.2. By Licensee. If Company has committed an Uncured Event of Default, Licensee may
terminate this Agreement at any time upon written notice to Company and not be liable for any
Early Termination Fee. Licensee may terminate this Agreement at its convenience and pay to
Company, within thirty (30) days of the date of termination the Early Termination Fee.
13.3. Surrender of Colocation Space. Within ten (10) business days of the date or termination or
expiration of this Agreement, Licensee shall remove all of its Equipment from the Colocation
Space, at Licensee’s sole cost and expense, and surrender the Colocation Space completely and in
good condition, reasonable wear excepted. If Licensee fails to remove its Equipment within such
time period, then Company may remove the Equipment and return the same to Licensee. Licensee
shall pay all costs of removal and return of the Equipment incurred by Company.
13.4. Liability Upon Termination. Termination of this Agreement for any reason will not release
either Party from any liability which at the time of termination of this Agreement had already
accrued to the other Party or which thereafter accrues with respect to any act or omission occurring
prior to the termination of this Agreement or from an obligation which is expressly stated in this
Agreement to survive termination of this Agreement.
13.5. Early Termination Fee. In the event of an Uncured Default by Licensee or Licensee elects to
terminate this Agreement out of convenience, Licensee shall pay a termination fee in a lump sum
payment equal to (i) one hundred percent (100%) of the Monthly Fees for the Colocation Space
set forth in Attachment A if terminated during the first twelve (12) months of the Commencement
Date, plus, (ii) twenty-five percent (25%) of the Monthly Fees for the Colocation Space set forth
in Attachment A for remaining number of months in the then-current Term of this Agreement.
14. Compliance with Applicable Law. This Agreement and the Parties actions under this Agreement shall
comply with all applicable federal, State, and local laws, ordinances, rules, regulations, court orders, and
governmental agency orders.

Colocation Agreement

4

15. Insurance. Each Party shall maintain in full force and effect during the Term of this Agreement the
following policies of insurance, which in the case of Sections 15.2 and 15.3 shall name the other Party as
an “additional insured”:
15.1. Worker’s Compensation Insurance with statutory limits in accordance with all applicable
state, federal and maritime laws, and Employers’ Liability Insurance with minimum limits of Five
Hundred Thousand Dollars ($500,000.00) per accident/ occurrence, or in accordance with all
applicable state, federal and maritime laws.
15.2. Commercial General Liability Insurance (Bodily Injury and Property Damage), the limits of
liability of which shall not be less than One Million Dollars ($1,000.000.00) per occurrence.
15.3. An umbrella policy of not less than Two Million Dollars ($2,000,000.00).
16. Notice. Any notice to a Party required or permitted under this Agreement shall be in writing and shall
be: (a) delivered personally; (b) delivered by express overnight delivery service; or (c) mailed, via certified
mail or first-class U.S. Postal Service, with postage prepaid, and a return receipt required. Notices will be
deemed given on the date of receipt if delivered pursuant to method (a), the next business day after mailing
if sent pursuant to method (b), and upon receipt or refusal of receipt if sent pursuant to method (c). Notices
will be addressed to the Parties as follows, or to such other address designated by notice to the other Party:
Company:
City of Charles City
900 Clark Street
Attn: City Administrator
Charles City, IA 50616
Email:[email protected]
ngEmailWriteBack2/

Licensee:
Router 12 Networks, LLC
402 19th St. SW B
Mason City, IA 50401
Attn: Ryan Malek
Email: [email protected]

17. Assignment. Licensee may not assign its rights or obligations under this Agreement without the prior
written consent of Company, which consent shall not be unreasonably withheld.
18. Use of Colocation Space. Notwithstanding anything to the contrary herein, except in conjunction with
access facilities and/or other services provided by Company or one of its affiliates to its customers, or as
may otherwise be mutually agreed in writing in advance by the Parties, the Equipment and Colocation
Space shall not be used by Licensee, directly or indirectly, in any way to provide retail or wholesale services
of any nature or kind to any premise, party, person, entity, or end user customer located within Company’s
or any of its affiliates’ retail service territory for any voice, video, or data service.
19. Miscellaneous.
19.1. Authority. Each Party represents and warrants to the other Party that: (a) it has the right,
power and authority to enter into and perform its obligations under this Agreement; and (b) the
person executing this Agreement on its behalf has been duly authorized to bind said Party hereto.

Colocation Agreement

5

19.2. Independent Contractors. The Parties are independent contractors. Nothing contained in this
Agreement shall be construed to create a partnership between the Parties, or an employee
relationship, or to authorize either Party to act as an agent for the other Party. Neither Party has
the authority to make any agreement or incur any liability on behalf of the other Party, nor is either
Party liable for any acts, omissions to act, contracts, commitments, promises, or representations
made by the other Party.
19.3. Binding Effect. The terms, conditions and agreements made and entered into by the Parties
hereto are declared and agreed to be binding upon and inure to the benefit of the Parties’ respective
successors and/or permitted assigns.
19.4. Third Party Beneficiaries. This Agreement shall not provide any person that is not a party
to this Agreement with any remedy, claim, liability, reimbursement, cause of action, or other right
in excess of those existing without reference to this Agreement.
19.5. Joint Work Product. This Agreement is the joint work product of the Parties and has been
negotiated by the Parties and will be fairly interpreted in accordance with its terms and, in the
event of any ambiguities, no inferences will be drawn against either Party.
19.6. Headings. The titles to sections of this Agreement are not part of the same and shall have no
effect upon the construction or interpretation of any part thereof.
19.7. Non-Waiver. The failure of either Party to insist on strict performance of any of the terms
or conditions of this Agreement or to exercise any of its rights under this Agreement will not waive
such rights and such Party will be permitted to enforce such rights at any time and take such actions
as may be lawful and authorized under this Agreement, whether at law or in equity. No express
waiver by any Party shall be construed as waiving any breach hereunder or the performance of any
of the terms or conditions not specified in the express waiver, and then only for the time and to the
extent stated therein. One or more waivers of any covenants, term, or condition shall not be
construed as a waiver of a subsequent breach of the same covenant, term, or condition.
19.8. Survival. The Parties’ obligations under this Agreement that by their nature are intended to
continue beyond the termination of this Agreement (e.g., Indemnification; Limitation of Liability)
will survive the termination of this Agreement.
19.9. Severability. If any provision of this Agreement is held by a court or regulatory agency of
competent jurisdiction to be unenforceable, the remainder of the Agreement will remain in full
force and effect and will not be affected unless removal of that provision results in a material
change to this Agreement. If a material change occurs as a result of action by a court or regulatory
agency, the Parties will negotiate in good faith for replacement language. If replacement language
cannot be agreed upon within a reasonable time period, either Party may terminate this Agreement
without penalty or liability for such termination upon written notice to the other Party.
19.10. Governing Law; Venue; Jurisdiction. This Agreement will be governed by and construed
in accordance with the laws of the State of Iowa, without giving effect to conflict of law provisions.
Colocation Agreement

6

Any legal action relating in any way to this Agreement shall only be commenced in the State or
Federal Court with jurisdiction for Floyd County, Iowa. The Parties hereby agree that the venue
of any litigation related to any disputes, controversies, or claims arising out of or relating to this
Agreement or any breach of this Agreement shall be brought in either the Floyd County District
Court, or the United States District Court for the Northern District Of Iowa. The Parties hereby
expressly submit to the jurisdiction of the Floyd County District Court, or the United States District
Court, for the Northern District of Iowa, for the determination of any disputes, controversies, or
claims arising out of or relating to this Agreement or any breach of this Agreement.
19.11. Entire Agreement; Amendments. This Agreement contains all agreements, promises,
warranties, representations and understandings between the Parties regarding the subject matter
hereof, and supersede all prior oral or written agreements, promises, warranties, representations or
understandings between the Parties and shall constitute the entire agreement between the Parties
regarding the subject matter thereof. Any addition, variation, modification or amendment to this
Agreement will be null, void and ineffective unless made in a writing signed by both Parties.
19.12. Costs of Enforcement. If either Party brings an action to enforce this Agreement, the
prevailing Party in any such action shall be entitled to recover reasonable actual attorneys’ fees,
costs and expenses from the other Party.
19.13. Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original but all of which together shall constitute one and the same instrument.
Facsimile or electronic signatures are acceptable and shall be given the same effect as the original.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
LICENSEE
\s3\
Signature

CITY OF CHARLES CITY
\s2\
Signature

Print Name

\n2\
Print Name

Title

\t2\
Title

\n1\
\i1\

\d1\

Colocation Agreement

7

ATTACHMENT A
PRICING SCHEDULE
Colocation Space

Monthly Fees

42 RU of floor and rack space located at 900 Clark Street, Charles
City, IA 50616 identified as the Charles City Colocation Site, along
with two dedicated 120VAC power circuits for operating the
Equipment, supported by backup power generation, fire detection,
and, if available, fire suppression.

$ 200.00

Space at 1100 8th Street, Charles City, Iowa with in the confines of the
water tower located at this address.

Labor Rates / Supervised Access Rates

Hourly Rates

Business hours Monday – Friday 8:00 a.m. to 3:30 p.m.

$ 0.00**

Holidays and all other non-business hours. Minimum one (1) hour. At
1100 8th Street site.

$ 45.00**

Company may provide Licensee with a proposed change in the Monthly Fee to take effect on the
commencement of a Renewal Term. If Licensee does not wish to be bound by a change in the Monthly
Fee, Licensee may terminate this Agreement by providing written notice to Company prior the effective
date of the change in the Monthly Fee. Licensee’s use of the Colocation Space after the effective date of
any change in the Monthly Fee shall constitute Licensee’s acceptance of and agreement to such Monthly
Fee.

Colocation Agreement

8

ATTACHMENT B
EQUIPMENT
1. Equipment. The following Equipment may be installed in the Colocation Space by Licensee at
Licensee’s sole cost and expense:
42U 2 post rack (Installed)
Cable management accessories
Power distribution accessories
Up to 8 x 1U Ubiquiti UF-OLT (Currently 1 installed)
Mikrotik Router (1U) - Installed
2x 2U Tripplite Battery backups
3x Cisco ME switches (To be removed)

Colocation Agreement

9

ATTACHMENT C
SUPERVISED ACCESS TO COLOCATION SPACE
1. Licensee must obtain approval from Company prior to having supervised access to the Colocation
Space.
2. The request for approval shall be in writing sent by email to [email protected] (for access
to 900 Clark Street address, and [email protected] (for access to 1100 8th Street address) or such
other email address as Company may provide from time-to-time, at least two (2) days prior to the desired
access. In emergency situations, please call 641-228-3366 for the 24 – hours dispatch or 641-257-6300
(police department) during working hours.
3. Company will respond to the request within one (1) days of receipt of the request for approval.
Company shall not unreasonably reject the request for access.
4. In the event of a service affecting problem, service outage, or network alarm condition, Licensee shall
contact Company by calling: _641-228-6303_, on business days between the hours of 8:00 a.m. and 4:30
p.m., or by calling the individual set forth in in the below contact list, or such other contact list information
as Company may provide from time-to-time, and Company will provide supervised access on an expedited
basis.
(i)

Network Technician On-Call Phone/Email: 641-423-6970 [email protected]

(ii)

First Level Escalation Phone/Email: 641-228-3366

(iii)

Second Level Escalation Phone/Email: 641-257-6300 [email protected]

Colocation Agreement

10

RESOLUTION NO. 147-26

RESOLUTION APPROVING A COLOCATION AGREEMENT BETWEEN THE CITY OF
CHARLES CITY AND ROUTER12 NETWORKS, LLC
WHEREAS, Router12 Networks, LLC desires to license colocation space for
their equipment in the basement of Charles City City Hall/Police Department,
located at 900 Clark Street; and
WHEREAS, the length of this agreement shall be for an initial term of
thirty-six (36) months, with the option to automatically renew for consecutive
periods of one (1) month each; and
WHEREAS, Router12 Networks, LLC agrees to pay the City of Charles City
monthly in advance, on or before the first (1st) day of each month, in the amount
of $200.00; with the first and last months prorated as necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Charles City, Iowa, meeting in regular session on this 19th day of October, 2026,
that the Mayor is hereby authorized and directed to execute said agreement
subject to its conditions between the City of Charles City, Iowa, and Router12
Networks, LLC.
COUNCIL MEMBER
Resolution;

moved for the adoption of the foregoing

COUNCIL MEMBER
was as follows:

seconded the motion and on roll call the voting

AYES:
NAYS: None
Passed and approved this 16th day of November, 2026.

Dean Andrews, Mayor

Attest:

Brittney Lentz, City Clerk

____

MEETING DATE: 16 November 2026

AGENDA ITEM SUMMARY
Subject: Res 153-26 Axon Contract for body and fleet cameras
____________________________________________________________________

Background Summary: Chief Anderson
I recommend that we move forward with Quote C. With the current state of our
body camera program, officers are constantly concerned whether the cameras
function and record. This puts the public and our officers at a great risk. Each
encounter we have could be the one in which camera footage is paramount and
we may not have it.

5-year

10-year

Sign by Nov 30

Sign by Dec 31

discounted

standard

Quote A

Quote B

$39,273.71 per year

$45,596.61 per year

Total $196,592.20

Total $227,840.20

Q-971591-46310JH

Q-969531-46310JH

Quote C

Quote D

$45,507.95 per year

$50,003.10 per year

Total $455,079.54

Total $500,031.04

Q-971596-46310JH

Q-972370-46310JH

CITY OF CHARLES CITY

Axon Enterprise, Inc.
17800 N 85th St
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic:(800) 978-2737
International:

Q-971596-46322JH
Issued: 10/27/2026
Quote Expiration: 11/30/2026
Estimated Contract Start Date: 01/01/2027
Account Number: 156528
Payment Terms: N30
Mode of Delivery: AUTO-GND
Credit/Debit Amount: $0.00

SHIP TO

BILL TO

Charles City Police Dept. - IA
105 Milwaukee Mall
Charles City,
IA
50616-2229
USA

Charles City Police Dept. - IA
105 Milwaukee Mall
Charles City
IA
50616-2229
USA
Email:

Quote Summary

SALES REPRESENTATIVE

PRIMARY CONTACT

Jonathan Hoebing
Phone:
Email: [email protected]
Fax:

Hugh Anderson
Phone: 641-257-6303
Email: [email protected]
Fax:

Discount Summary

Program Length

120 Months

Average Savings Per Year

TOTAL COST
ESTIMATED TOTAL W/ TAX

$455,079.54
$455,079.54

TOTAL SAVINGS

Page 1

$21,570.61
$215,706.05

Q-971596-46322JH

Payment Summary
Date

Subtotal

Tax

Total

Jan 2027
Jan 2028
Jan 2029
Jan 2030
Jan 2031
Jan 2032
Jan 2033
Jan 2034
Jan 2035
Jan 2036

$45,507.99
$45,507.95
$45,507.95
$45,507.95
$45,507.95
$45,507.95
$45,507.95
$45,507.95
$45,507.95
$45,507.95

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$45,507.99
$45,507.95
$45,507.95
$45,507.95
$45,507.95
$45,507.95
$45,507.95
$45,507.95
$45,507.95
$45,507.95

Total

$455,079.54

$0.00

$455,079.54

Page 2

Q-971596-46322JH

Quote Unbundled Price:
Quote List Price:
Quote Subtotal:

$670,785.00
$584,623.80
$455,079.54

Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal
Item

Description

Qty

Term

Unbundled

List Price

Body Worn Camera Unlimited with TAP 10Yr Bundle
Fleet 3 Basic + TAP 10 Year

16
7

120
120

$153.87
$201.93

$110.46
$198.58

Geotab - Telematics T-Harness
Geotab - Telematics Dongle - USA VZW
Axon Body 4 Multi-Bay Dock Bundle
Axon Body 4 Connected Hardware Bundle

7
7
2
16

1
1

$40.00
$110.00
$1,638.90
$1,049.00

Axon AI Assistant
Axon Evidence - Redaction Assistant User License
Geotab Telematics Service - 5 Year
Axon Auto-Transcribe - Unlimited Service
Pro License Bundle

16
16
7
16
1

120
120
120
120
120

PSO Virtual Training

1

1

Net Price

Subtotal

Tax

Total

$196,177.14
$153,115.20

$0.00
$0.00

$196,177.14
$153,115.20

$0.00
$0.00
$0.00
$0.00

$0.00
$0.00
$0.00
$0.00

$0.00
$0.00
$0.00
$0.00

$0.00
$0.00
$0.00
$0.00

$36.35
$12.12
$29.00
$30.29
$54.52

$0.00
$12.12
$29.00
$30.29
$0.00

$0.00
$23,270.40
$24,360.00
$58,156.80
$0.00

$0.00
$0.00
$0.00
$0.00
$0.00

$0.00
$23,270.40
$24,360.00
$58,156.80
$0.00

$2,500.00

$0.00

$0.00
$455,079.54

$0.00
$0.00

$0.00
$455,079.54

Program
BWCUwTAP10Yr
Fleet3B+TAP10Yr

$102.18
$182.28

A la Carte Hardware
101753
101604
H00002
HWCNAB4

A la Carte Software
102011
73478
101601
85760
ProLicense

A la Carte Services
102531
Total

Delivery Schedule
Hardware
Bundle

Item

Description

QTY

Shipping Location

Estimated Delivery Date

Axon Body 4 Connected Hardware Bundle
Axon Body 4 Connected Hardware Bundle
Axon Body 4 Connected Hardware Bundle
Axon Body 4 Connected Hardware Bundle
Axon Body 4 Multi-Bay Dock Bundle
Axon Body 4 Multi-Bay Dock Bundle
Axon Body 4 Multi-Bay Dock Bundle
Fleet 3 Basic + TAP 10 Year
Fleet 3 Basic + TAP 10 Year
Fleet 3 Basic + TAP 10 Year
Fleet 3 Basic + TAP 10 Year
A la Carte
A la Carte
Body Worn Camera Unlimited with TAP 10Yr Bundle
Body Worn Camera Unlimited with TAP 10Yr Bundle

100147
100466
100775
74028
100206
70033
71019
101924
103346
70112
72036
101604
101753
73309
73689

Axon Body 4 - Camera - First Responder Black Rapidlock US
Axon Body 4 - Cable - USB-C to USB-C
Axon Body 4 - Magnetic Disconnect Cable
Axon Body - Mount - Wing Clip Rapidlock
Axon Body 4 - Dock - Eight-Bay
Axon Body - Dock Wall Mount - Bracket Assembly
Axon Body - Dock Powercord - North America
Axon Fleet - Taoglas Ant - 7-in-1 4Cell 2WIFI 1GNSS Int
Axon Fleet - Ericsson R980-5GD-A+5Yr Netcloud
Axon Signal Vehicle
Axon Fleet 3 - Standard 2 Camera Kit
Geotab - Telematics Dongle - USA VZW
Geotab - Telematics T-Harness
Axon Body - TAP Refresh 1 - Camera
Axon Body - TAP Refresh 1 - Dock Multi-Bay

16
18
18
18
2
2
2
7
7
7
7
7
7
16
2

1
1
1
1
1
1
1
1
1
1
1
1
1
1
1

12/01/2026
12/01/2026
12/01/2026
12/01/2026
12/01/2026
12/01/2026
12/01/2026
12/01/2026
12/01/2026
12/01/2026
12/01/2026
12/01/2026
12/01/2026
06/01/2029
06/01/2029

Page 3

Q-971596-46322JH

Hardware
Bundle

Item

Description

QTY

Shipping Location

Estimated Delivery Date

Body Worn Camera Unlimited with TAP 10Yr Bundle
Body Worn Camera Unlimited with TAP 10Yr Bundle
Fleet 3 Basic + TAP 10 Year
Body Worn Camera Unlimited with TAP 10Yr Bundle
Body Worn Camera Unlimited with TAP 10Yr Bundle
Fleet 3 Basic + TAP 10 Year
Body Worn Camera Unlimited with TAP 10Yr Bundle
Body Worn Camera Unlimited with TAP 10Yr Bundle

73310
73688
72040
73345
73347
100092
73346
73348

Axon Body - TAP Refresh 2 - Camera
Axon Body - TAP Refresh 2 - Dock Multi-Bay
Axon Fleet - TAP Refresh 1 - 2 Camera Kit
Axon Body - TAP Refresh 3 - Camera
Axon Body - TAP Refresh 3 - Dock Multi-Bay
Axon Fleet - TAP Refresh 2 - 2 Camera Kit
Axon Body - TAP Refresh 4 - Camera
Axon Body - TAP Refresh 4 - Dock Multi-Bay

16
2
7
16
2
7
16
2

1
1
1
1
1
1
1
1

12/01/2031
12/01/2031
12/01/2031
06/01/2034
06/01/2034
12/01/2036
12/31/2036
12/31/2036

Bundle

Item

Description

QTY

Estimated Start Date

Estimated End Date

Body Worn Camera Unlimited with TAP 10Yr Bundle
Body Worn Camera Unlimited with TAP 10Yr Bundle
Fleet 3 Basic + TAP 10 Year
Fleet 3 Basic + TAP 10 Year
Pro License Bundle
Pro License Bundle
A la Carte
A la Carte
A la Carte
A la Carte

73686
73746
80400
80410
73683
73746
101601
102011
73478
85760

Axon Evidence - Storage - Axon Device Unlimited
Axon Evidence - License - Pro
Axon Evidence - Fleet Vehicle License
Axon Evidence - Storage - Fleet 1 Camera Unlimited
Axon Evidence - Storage - 10GB A La Carte
Axon Evidence - License - Pro
Geotab Telematics Service - 5 Year
Axon AI Assistant
Axon Evidence - Redaction Assistant User License
Axon Auto-Transcribe - Unlimited Service

16
16
7
14
3
1
7
16
16
16

01/01/2027
01/01/2027
01/01/2027
01/01/2027
01/01/2027
01/01/2027
01/01/2027
01/01/2027
01/01/2027
01/01/2027

12/31/2036
12/31/2036
12/31/2036
12/31/2036
12/31/2036
12/31/2036
12/31/2036
12/31/2036
12/31/2036
12/31/2036

Bundle

Item

Description

Fleet 3 Basic + TAP 10 Year
Fleet 3 Basic + TAP 10 Year
Fleet 3 Basic + TAP 10 Year
A la Carte

100738
73391
73392
102531

Axon Fleet 3 - SIM Insertion - VZW 4FF
Axon Fleet 3 - Deployment Per Vehicle - Not Oversized
Axon Fleet 3 - Installation - Upgrade (Per Vehicle)
PSO Virtual Training

Bundle

Item

Description

QTY

Estimated Start Date

Estimated End Date

Body Worn Camera Unlimited with TAP 10Yr Bundle
Body Worn Camera Unlimited with TAP 10Yr Bundle
Fleet 3 Basic + TAP 10 Year
Fleet 3 Basic + TAP 10 Year

80464
80465
80379
80495

Axon Body - TAP Warranty - Camera
Axon Body - TAP Warranty - Multi-Bay Dock
Axon Signal - Ext Warranty - Signal Vehicle
Axon Fleet 3 - Ext Warranty - 2 Camera Kit

16
2
7
7

12/01/2027
12/01/2027
12/01/2027
12/01/2027

12/31/2036
12/31/2036
12/31/2036
12/31/2036

Software

Services
QTY
7
7
7
1

Warranties

Page 4

Q-971596-46322JH

Shipping Locations
Location Number

Street

City

1

105 Milwaukee Mall

Charles City

State

Zip

Country

IA

50616-2229

USA

Payment Details
Jan 2027
Invoice Plan

Item

Description

Qty

Subtotal

Tax

Total

Annual Payment 1
Annual Payment 1
Annual Payment 1
Annual Payment 1
Annual Payment 1
Annual Payment 1
Annual Payment 1
Annual Payment 1
Annual Payment 1
Annual Payment 1
Annual Payment 1
Annual Payment 1

101601
101604
101753
102011
102531
73478
85760
BWCUwTAP10Yr
Fleet3B+TAP10Yr
H00002
HWCNAB4
ProLicense

Geotab Telematics Service - 5 Year
Geotab - Telematics Dongle - USA VZW
Geotab - Telematics T-Harness
Axon AI Assistant
PSO Virtual Training
Axon Evidence - Redaction Assistant User License
Axon Auto-Transcribe - Unlimited Service
Body Worn Camera Unlimited with TAP 10Yr Bundle
Fleet 3 Basic + TAP 10 Year
Axon Body 4 Multi-Bay Dock Bundle
Axon Body 4 Connected Hardware Bundle
Pro License Bundle

7
7
7
16
1
16
16
16
7
2
16
1

$2,436.00
$0.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.75
$15,311.52
$0.00
$0.00
$0.00

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$2,436.00
$0.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.75
$15,311.52
$0.00
$0.00
$0.00

$45,507.99

$0.00

$45,507.99

Total

Jan 2028
Invoice Plan

Item

Description

Qty

Subtotal

Tax

Total

Annual Payment 2
Annual Payment 2
Annual Payment 2
Annual Payment 2
Annual Payment 2
Annual Payment 2
Annual Payment 2
Annual Payment 2
Annual Payment 2

101601
101604
101753
102011
73478
85760
BWCUwTAP10Yr
Fleet3B+TAP10Yr
ProLicense

Geotab Telematics Service - 5 Year
Geotab - Telematics Dongle - USA VZW
Geotab - Telematics T-Harness
Axon AI Assistant
Axon Evidence - Redaction Assistant User License
Axon Auto-Transcribe - Unlimited Service
Body Worn Camera Unlimited with TAP 10Yr Bundle
Fleet 3 Basic + TAP 10 Year
Pro License Bundle

7
7
7
16
16
16
16
7
1

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.72
$15,311.51
$0.00

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.72
$15,311.51
$0.00

$45,507.95

$0.00

$45,507.95

Total

Jan 2029
Invoice Plan

Item

Description

Qty

Subtotal

Tax

Total

Annual Payment 3
Annual Payment 3
Annual Payment 3
Annual Payment 3
Annual Payment 3
Annual Payment 3
Annual Payment 3
Annual Payment 3
Annual Payment 3

101601
101604
101753
102011
73478
85760
BWCUwTAP10Yr
Fleet3B+TAP10Yr
ProLicense

Geotab Telematics Service - 5 Year
Geotab - Telematics Dongle - USA VZW
Geotab - Telematics T-Harness
Axon AI Assistant
Axon Evidence - Redaction Assistant User License
Axon Auto-Transcribe - Unlimited Service
Body Worn Camera Unlimited with TAP 10Yr Bundle
Fleet 3 Basic + TAP 10 Year
Pro License Bundle

7
7
7
16
16
16
16
7
1

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.71
$15,311.52
$0.00

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.71
$15,311.52
$0.00

$45,507.95

$0.00

$45,507.95

Total

Page 5

Q-971596-46322JH

Jan 2030
Invoice Plan

Item

Description

Qty

Subtotal

Tax

Total

Annual Payment 4
Annual Payment 4
Annual Payment 4
Annual Payment 4
Annual Payment 4
Annual Payment 4
Annual Payment 4
Annual Payment 4
Annual Payment 4

101601
101604
101753
102011
73478
85760
BWCUwTAP10Yr
Fleet3B+TAP10Yr
ProLicense

Geotab Telematics Service - 5 Year
Geotab - Telematics Dongle - USA VZW
Geotab - Telematics T-Harness
Axon AI Assistant
Axon Evidence - Redaction Assistant User License
Axon Auto-Transcribe - Unlimited Service
Body Worn Camera Unlimited with TAP 10Yr Bundle
Fleet 3 Basic + TAP 10 Year
Pro License Bundle

7
7
7
16
16
16
16
7
1

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.72
$15,311.51
$0.00

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.72
$15,311.51
$0.00

$45,507.95

$0.00

$45,507.95

Total

Jan 2031
Invoice Plan

Item

Description

Qty

Subtotal

Tax

Total

Annual Payment 5
Annual Payment 5
Annual Payment 5
Annual Payment 5
Annual Payment 5
Annual Payment 5
Annual Payment 5
Annual Payment 5
Annual Payment 5

101601
101604
101753
102011
73478
85760
BWCUwTAP10Yr
Fleet3B+TAP10Yr
ProLicense

Geotab Telematics Service - 5 Year
Geotab - Telematics Dongle - USA VZW
Geotab - Telematics T-Harness
Axon AI Assistant
Axon Evidence - Redaction Assistant User License
Axon Auto-Transcribe - Unlimited Service
Body Worn Camera Unlimited with TAP 10Yr Bundle
Fleet 3 Basic + TAP 10 Year
Pro License Bundle

7
7
7
16
16
16
16
7
1

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.68
$15,311.55
$0.00

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.68
$15,311.55
$0.00

$45,507.95

$0.00

$45,507.95

Total

Jan 2032
Invoice Plan

Item

Description

Qty

Subtotal

Tax

Total

Annual Payment 6
Annual Payment 6
Annual Payment 6
Annual Payment 6
Annual Payment 6
Annual Payment 6
Annual Payment 6
Annual Payment 6
Annual Payment 6

101601
101604
101753
102011
73478
85760
BWCUwTAP10Yr
Fleet3B+TAP10Yr
ProLicense

Geotab Telematics Service - 5 Year
Geotab - Telematics Dongle - USA VZW
Geotab - Telematics T-Harness
Axon AI Assistant
Axon Evidence - Redaction Assistant User License
Axon Auto-Transcribe - Unlimited Service
Body Worn Camera Unlimited with TAP 10Yr Bundle
Fleet 3 Basic + TAP 10 Year
Pro License Bundle

7
7
7
16
16
16
16
7
1

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.70
$15,311.53
$0.00

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.70
$15,311.53
$0.00

$45,507.95

$0.00

$45,507.95

Total

Jan 2033
Invoice Plan

Item

Description

Qty

Subtotal

Tax

Total

Annual Payment 7
Annual Payment 7
Annual Payment 7
Annual Payment 7
Annual Payment 7
Annual Payment 7
Annual Payment 7
Annual Payment 7
Annual Payment 7

101601
101604
101753
102011
73478
85760
BWCUwTAP10Yr
Fleet3B+TAP10Yr
ProLicense

Geotab Telematics Service - 5 Year
Geotab - Telematics Dongle - USA VZW
Geotab - Telematics T-Harness
Axon AI Assistant
Axon Evidence - Redaction Assistant User License
Axon Auto-Transcribe - Unlimited Service
Body Worn Camera Unlimited with TAP 10Yr Bundle
Fleet 3 Basic + TAP 10 Year
Pro License Bundle

7
7
7
16
16
16
16
7
1

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.72
$15,311.51
$0.00

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.72
$15,311.51
$0.00

$45,507.95

$0.00

$45,507.95

Total

Page 6

Q-971596-46322JH

Jan 2034
Invoice Plan

Item

Description

Qty

Subtotal

Tax

Total

Annual Payment 8
Annual Payment 8
Annual Payment 8
Annual Payment 8
Annual Payment 8
Annual Payment 8
Annual Payment 8
Annual Payment 8
Annual Payment 8

101601
101604
101753
102011
73478
85760
BWCUwTAP10Yr
Fleet3B+TAP10Yr
ProLicense

Geotab Telematics Service - 5 Year
Geotab - Telematics Dongle - USA VZW
Geotab - Telematics T-Harness
Axon AI Assistant
Axon Evidence - Redaction Assistant User License
Axon Auto-Transcribe - Unlimited Service
Body Worn Camera Unlimited with TAP 10Yr Bundle
Fleet 3 Basic + TAP 10 Year
Pro License Bundle

7
7
7
16
16
16
16
7
1

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.71
$15,311.52
$0.00

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.71
$15,311.52
$0.00

$45,507.95

$0.00

$45,507.95

Total

Jan 2035
Invoice Plan

Item

Description

Qty

Subtotal

Tax

Total

Annual Payment 9
Annual Payment 9
Annual Payment 9
Annual Payment 9
Annual Payment 9
Annual Payment 9
Annual Payment 9
Annual Payment 9
Annual Payment 9

101601
101604
101753
102011
73478
85760
BWCUwTAP10Yr
Fleet3B+TAP10Yr
ProLicense

Geotab Telematics Service - 5 Year
Geotab - Telematics Dongle - USA VZW
Geotab - Telematics T-Harness
Axon AI Assistant
Axon Evidence - Redaction Assistant User License
Axon Auto-Transcribe - Unlimited Service
Body Worn Camera Unlimited with TAP 10Yr Bundle
Fleet 3 Basic + TAP 10 Year
Pro License Bundle

7
7
7
16
16
16
16
7
1

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.72
$15,311.51
$0.00

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.72
$15,311.51
$0.00

$45,507.95

$0.00

$45,507.95

Total

Jan 2036
Invoice Plan

Item

Description

Qty

Subtotal

Tax

Total

Annual Payment 10
Annual Payment 10
Annual Payment 10
Annual Payment 10
Annual Payment 10
Annual Payment 10
Annual Payment 10
Annual Payment 10
Annual Payment 10

101601
101604
101753
102011
73478
85760
BWCUwTAP10Yr
Fleet3B+TAP10Yr
ProLicense

Geotab Telematics Service - 5 Year
Geotab - Telematics Dongle - USA VZW
Geotab - Telematics T-Harness
Axon AI Assistant
Axon Evidence - Redaction Assistant User License
Axon Auto-Transcribe - Unlimited Service
Body Worn Camera Unlimited with TAP 10Yr Bundle
Fleet 3 Basic + TAP 10 Year
Pro License Bundle

7
7
7
16
16
16
16
7
1

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.71
$15,311.52
$0.00

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$2,436.00
$0.00
$0.00
$0.00
$2,327.04
$5,815.68
$19,617.71
$15,311.52
$0.00

$45,507.95

$0.00

$45,507.95

Total

Page 7

Q-971596-46322JH

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit
prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement
(posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview
Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to
the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix
as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to
develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by
reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you
are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency
for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

Page 8

Q-971596-46322JH

Exceptions to Standard Terms and Conditions
Rewrite Estimates
Estimated Amounts and Contract Terminations. Any amounts stated as due under existing or terminated contracts — including contract transfer balances carried forward to
new or pending contracts — are estimates based on payments received as of the calculation date. These estimates may be adjusted if new contracts are not executed on the
anticipated dates or if expected payments are not made.

Refresh Shipment Timing
Technology Assurance Plan (TAP) Refresh Prior to Renewal. For Customers with expiring agreements that include TAP refresh rights, Axon may, in its discretion, ship
refresh hardware under the existing contract while renewal or replacement agreements are in progress. Any such shipments will be deemed made under the terms of the
existing contract until the new contract is fully executed, after which any applicable updates, fees, or adjustments will apply.

Shipment Timing
Shipment Variance. Estimated shipment dates are provided for planning purposes only and are not guarantees. Axon may ship hardware before or after the estimated
shipment date, and failure to meet an estimated shipment date will not, by itself, constitute a breach, provided Axon uses commercially reasonable efforts to meet estimated
shipment dates.

\s1\

\d1\

Signature

Date Signed

10/27/2026
Page 9

Q-971596-46322JH

Page 10

Q-971596-46322JH

Master Services and Purchasing Agreement
This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon"), and the
Customer listed below or, if no Customer is listed below, the Customer on the Quote (as defined below) ("Customer").
This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) date of acceptance of
the Quote ("Effective Date"). Axon and Customer are each a "Party" and collectively "Parties". This Agreement
governs Customer’s purchase and use of the Axon Devices and Services detailed in the Quote. It is the intent of the
Parties that this Agreement will govern all subsequent purchases by Customer for the same Axon Devices and
Services in the Quote, and all such subsequent quotes accepted by Customer shall be also incorporated into this
Agreement by reference as a Quote. The Parties agree as follows:
1. Definitions.
1.1. "Axon Cloud Services" means the cloud-based, hosted, subscription services provided and operated by
Axon and made accessible to Customer over the internet or other network, including associated storage,
processing, analytics, digital evidence management, data retention, artificial intelligence features,
integrations, and related functionality. Cloud Services include Updates and enhancements provided during
the Subscription Term and is accessed, not installed or transferred. This does not include third-party SaaS
products.
1.2. "Axon Device" means all hardware provided by Axon under this Agreement. Axon-manufactured Devices
are a subset of Axon Devices.
1.3. “MSRP” means manufacturer’s suggested retail price, or the standalone price of the individual Axon Device at
the time of sale. For multiple Axon Devices that may be combined as a single offering on a Quote, MSRP is
the standalone price of all individual components.
1.4. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices.
Any inconsistent or supplemental terms within Customer’s purchase order in response to a Quote will be
void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may
change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical
errors in any Quote by Axon, and Axon reserves the right to cancel any orders resulting from such errors.
1.5. "Services" means all services provided by Axon under this Agreement, including Software, Axon Cloud
Services, and professional services.
2. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired
or have been terminated ("Term"). All subscriptions begin on the date stated in the Quote and end upon completion
of program or the subscription stated in the Quote ("Subscription Term").
3. Payment. Axon invoices for Axon Devices upon shipment, or on the date specified within the invoicing plan in the
Quote. Payment is due net 30 days from the invoice date. Axon invoices for Axon Cloud Services on an upfront annual
basis prior to the beginning of the Subscription Term and upon the anniversary of the Subscription Term.
Payment obligations are non-cancelable. Unless otherwise prohibited by law, Customer will pay interest on all
past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law.
Customer will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to
collections, Customer is responsible for collection and attorneys’ fees. Axon may charge additional fees if
Customer exceeds the permitted use purchased. Axon will notify Customer of additional charges as soon as
reasonably practicable.
4. Taxes. Customer is responsible for sales and other taxes associated with the order unless Customer provides
Axon a valid tax exemption certificate.
5. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by
state or federal law.
6. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) are
governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales-terms-andconditions.

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7. Third-Party Hardware, Software and Services. Use of hardware, software, or services of any third-party products
are governed by the terms, if any, entered into between Customer and the respective third-party provider or the
applicable terms and conditions located at www.axon.com/sales-terms-and-conditions.
8. Statement of Work; Scope Changes. Certain Axon Devices and Services may require a Statement of Work that
details Axon’s Service deliverables ("SOW"). Axon is only responsible for the performance of Services described in the
SOW, Quote, or under this Agreement. All other services are out of scope unless mutually agreed to in a signed
change order. Changes may require an equitable adjustment in fees or schedule. Any applicable SOW is incorporated
into this Agreement by reference.
9. Design Changes. Axon may make design or feature changes to any Axon Device or Service without notifying
Customer or making the same change to Axon Devices and Services previously purchased by Customer.
10. Combined Offerings. Some offerings in a Quote combine existing and pre-released Axon Devices or Services.
Some offerings may not be available at the time of Customer’s purchase. Axon will not provide a refund, credit, or
additional discount beyond what is in the Quote due to delay of availability or Customer’s choice not to utilize any
portion of a combined offering.
11. Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance.
Upon request, Axon will supply certificates of insurance.
12. Security. Axon will implement and maintain commercially reasonable and appropriate security measures to
secure Customer data against accidental or unlawful loss, access or disclosure.
13. IP Rights. Axon and to the extent applicable, Axon’s licensors, own and reserve all rights, titles, and interest in
and to the Axon’s intellectual property, including but not limited to, Axon-manufactured Devices, Services,
documentation, designs, improvements, analytics, derivative works, improvements, and suggestions to Axon,
including all related intellectual property rights (including ownership of all trade secrets and copyrights pertaining
thereto), regardless of the form or media in which the original or copies may exist. Customer will not cause any
Axon proprietary rights to be violated.
14. IP Indemnification. Axon will indemnify Customer against all claims, losses, and reasonable expenses from any
third-party claim alleging that the use of Axon-manufactured Devices and/or Axon Services (“Axon Products”)
infringes or misappropriates the third-party’s intellectual property rights. Customer must promptly provide Axon
with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and
cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not
apply to claims based on (a) modification of Axon Products by Customer or a third-party not approved by Axon;
(b) use of Axon Products in combination with hardware or services not approved by Axon; (c) use of Axon
Products other than as permitted in this Agreement; or (d) use of Axon Products that is not the most current
software release provided by Axon.
15. LIMITATIONS. AXON’S CUMULATIVE LIABILITY TO ANY PARTY FOR ANY LOSS OR DAMAGE RESULTING
FROM ANY CLAIM, DEMAND, OR ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL
NOT EXCEED TWO TIMES (2X) THE PURCHASE PRICE PAID TO AXON FOR THE AXON DEVICE, OR IF
FOR SERVICES, TWO TIMES (2X) THE AMOUNT PAID FOR SUCH SERVICES OVER THE TWELVE (12)
MONTHS PRECEDING THE CLAIM. NEITHER PARTY WILL BE LIABLE FOR SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH
OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER LEGAL
THEORY.
16. Termination.
16.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of
the breach to the other Party, and the breach remains uncured thirty (30) days after receipt of the written
notice. If Customer terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid
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amounts on a prorated basis based on the effective date of termination.
16.2. By Customer. If sufficient funds are not appropriated or otherwise legally available to pay the fees,

Customer may terminate this Agreement. In such case, Customer will deliver notice of termination as
soon as reasonably practicable. Additionally, Customer may terminate this Agreement for convenience
by giving Axon written notice of termination to be effective on a date specified in the termination notice
which is at least ninety (90) days after the date of the termination notice.

16.3. Effect of Termination. Upon termination of this Agreement, Customer rights immediately terminate.

Customer remains responsible for all fees incurred before the effective date of termination. If Customer
purchases Axon Devices for less than the MSRP and this Agreement terminates before the end of the
Subscription Term, Axon will invoice Customer the difference between the MSRP for Axon Devices
procured, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if
Customer terminates for non-appropriation, Customer may avoid the MSRP fee by returning Axon
Devices to Axon within thirty (30) days of termination. For TASER purchases, this includes returning the
TASER Device, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon.

17. Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the
nature of the information or circumstances surrounding disclosure, that should reasonably be understood to be
confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of
the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s
Confidential Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon
pricing is Confidential Information and competition sensitive. If Customer receives a public records request to
disclose Axon Confidential Information, to the extent allowed by law, Customer will provide notice to Axon before
disclosure. Axon may publicly announce information related to this Agreement.
18. Compliance with Laws.
18.1. Laws. Each Party will comply and maintain compliance with all applicable federal, provincial, state, and local
laws, including without limitation, import and export control laws and regulations as well as firearm
regulations and the Gun Control Act of 1968, if applicable.
18.2. Controlled Products. Customer acknowledges that Axon Devices, Software, and Services are subject to

U.S. and international export control laws, including the U.S. Export Administration Regulations (EAR) and
International Traffic in Arms Regulations (ITAR). Customer represents and warrants that neither it nor any
End User is a "Restricted Person," meaning any individual or entity that (1) is subject to U.S. sanctions or
trade restrictions, (2) appears on any U.S. government restricted party list, (3) engages in prohibited
weapons proliferation activities, or (4) is owned or controlled by, or acting on behalf of, such persons or
entities. Customer must promptly notify Axon of any change in status, and Axon may terminate this
Agreement if Customer or any End User becomes a Restricted Person or violates export laws.

19. General.
19.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond
a Party’s reasonable control.
19.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind

the other. This Agreement does not create a partnership, franchise, joint venture, fiduciary, or employment
relationship between the Parties.

19.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
19.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race;

religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical
conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national
origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or
federal law.

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19.5. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon

may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for
purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its
assets. This Agreement is binding upon the Parties respective successors and assigns.

19.6. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver

of that right.

19.7. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or

unenforceable, the remaining portions of this Agreement will remain in effect.

19.8. Survival. The following sections will survive termination: Payment, Axon Device Warnings, IP Rights, IP

Indemnification, Limitations, Confidentiality, and any other sections detailed in the survival sections of the
attachments.

19.9. Governing Law. The laws of the country, state, province, or municipality where Customer is physically

located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The
United Nations Convention for the International Sale of Goods does not apply to this Agreement. The Parties
expressly agree that either Party may appear for and attend all matters, remotely via teleconference or
videoconference at the party's discretion, to the extent allowable by court.

19.10. Notices. All notices must be in English. Notices posted on Customer’s Axon Evidence site are effective upon

posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are
effective immediately. Notices to Customer shall be provided to the address on file with Axon. Notices to
Axon shall be provided to Axon Enterprise, Inc. Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona
85255 with a copy to [email protected].

19.11. Entire Agreement. This Agreement, the Appendices, including any applicable Appendices not attached

herein for the products and services purchased, which are incorporated by reference and located in the
Master Purchasing and Services Agreement located at https://www.axon.com/sales-terms-and-conditions,
Quote(s) and any SOW(s), represent the entire agreement between the Parties. This Agreement supersedes
all prior agreements or understandings, whether written or verbal, regarding the subject matter of this
Agreement. This Agreement may only be modified or amended in a writing signed by the Parties.

Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and
delivered this Agreement as of the date of signature.
AXON:

CUSTOMER:

Axon Enterprise, Inc.
Signature:

Signature:

Name:

Name:

Title:

Title:

Date:

Date:

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Software and Cloud Services Terms of Use Appendix

I. General
1. Definitions
1.1. "Customer Content" means all data, files, and content uploaded into, ingested by, created in, or generated
through Customer's use of Axon Cloud Services within Customer's tenant. This includes media/multimedia,
recordings, reports, alerts, messages, videos, chats, and materials provided by the Customer, as well as
Personal Data of users and data from applications connected to the solution. Customer Content excludes
Non-Content Data, Dedrone Data, Third Party Content, and Third Party Services.
1.2. “Data Controller” means the natural or legal person, public authority, or any other body which alone
or jointly with others determines the purposes and means of the processing of Personal Data.
1.3. “Data Processor” means a natural or legal person, public authority or any other body which processes
Personal Data on behalf of the Data Controller.
1.4. “End User” means Customer or Customer’s employees, consultants, agents or contractors who are granted
access to the Axon Cloud Services or Software in support of Customer’s internal business or operations.
1.5. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by Customer. Evidence is a
subset of Customer Content.
1.6. “Firmware” means the embedded software code installed on and operating within Axon Device, that enables
the Axon Device’s core functionality, control, communication, or security. Firmware is a subset of Software.
1.7. "Non-Content Data" is data, configuration, and usage information about Customer’s Axon Cloud Services
tenant, Axon Devices, client software, and users, that is transmitted or generated when using Axon Devices.
Non-Content Data includes data about users captured during account management and customer support
activities. Non-Content Data does not include Customer Content.
1.8. “Personal Data" means any information relating to an identified or identifiable natural person. An identifiable
natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier
such as a name, an identification number, location data, an online identifier or to one or more factors specific
to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
1.9. "Processing" means any operation or set of operations which is performed on data or on sets of data,
whether or not by automated means, such as collection, recording, organization, structuring, storage,
adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise
making available, alignment or combination, restriction, erasure, or destruction.
1.10. "Sensitive Personal Data" means Personal Data that reveals an individual’s health, racial or ethnic
origin, sexual orientation, disability, religious or philosophical beliefs, or trade union membership.
1.11. “Software” means application software, programs, mobile or desktop applications, or other executable code
provided to Customer for installation, download or use as defined in this Agreement but excludes Axon
Cloud Services.

2.Customer Owns Customer Content. Customer retains all rights, title and interest, including all intellectual property
rights, in and to Customer Content. Customer is solely responsible for uploading, sharing, managing and deleting
Customer Content. Customer Content is not considered Axon's business records, and except as set out below,
Axon obtains no interest in Customer Content.
2.1. Axon Access and Use of Customer Content.
Customer grants Axon a limited, non-exclusive right to access, process, store, transmit, and otherwise use
Customer Content solely for the following purposes: providing, operating, maintaining, supporting, and
securing the Axon Devices and Services; performing troubleshooting, diagnostics, system monitoring,
maintenance, and incident response; and enforcing this Agreement and Axon policies governing use of the
Axon Devices and Services. Unless otherwise agreed to by the Parties in writing, Axon shall not access or
use Customer Content any reason except as expressly authorized in this Agreement.

3. Security. Axon implements appropriate technical and organizational security measures designed to prevent
unauthorized access, use or disclosure of Customer Data and will maintain a comprehensive information security
program to protect Axon Cloud Services and Customer Content. For Axon's digital evidence or records management
systems, Axon agrees to comply with the Federal Bureau of Investigation Criminal Justice Information Services
Security Addendum.
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4. Restrictions. Customer shall not, and shall not permit any third party to: (i) modify, translate, adapt, tamper with,
repair, or create derivative works of the Axon intellectual property; (ii) reverse engineer, decompile, disassemble, or
attempt to derive the source code; (iii) copy any Axon intellectual property, except as expressly permitted in writing;
(iv) resell, rent, lease, loan, sublicense, distribute, or otherwise commercially exploit Axon intellectual property; (v)
access or use Axon intellectual property to build a competing product or service or to copy features, functions, or
graphics; (vi) remove, alter, or obscure any proprietary notices; (vii) access or use Axon Software or Cloud Services
with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; (viii) use trade
secret information contained in Axon Software, except as expressly permitted in this Agreement; (ix) use Axon
Devices, Software or Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material;
material in violation of third-party privacy rights; or malicious code; or (x) use Axon Devices, Software or Cloud
Services in order to monitor the availability, security, performance, or functionality of the of such products or for any
other benchmarking or competitive purposes other than as authorized in this Agreement; scrape, build databases, or
otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache
header; or misrepresent the source or ownership of Axon Services.
5. Suspension. Axon may immediately suspend Customer’s or any End User’s access to any portion of the Axon
Devices or Services upon notice if Axon reasonably determines that: (i) Customer’s or an End User’s use poses a
security risk to Axon systems, other customers, or third parties; (ii) Customer fails to pay applicable fees; (iii)
Customer or its End User’s use violates applicable law or regulation; (iv) such use may subject Axon or its affiliates to
liability; or (v) such use is fraudulent or abusive. Customer remains responsible for all fees incurred through the period
of suspension. Suspension does not terminate this Agreement unless Axon elects to terminate in accordance with the
Termination provisions.
6. Warranty and Disclaimer. AXON WARRANTS THAT ALL AXON SOFTWARE AND AXON CLOUD SERVICES,
WHEN USED IN ACCORDANCE WITH APPLICABLE AXON DOCUMENTATION, WILL OPERATE IN ALL
MATERIAL RESPECTS WITH THE DOCUMENTATION. EXCEPT AS EXPRESSLY STATED HEREIN,
SOFTWARE, SERVICES OR CLOUD SERVICES ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR
UNINTERRUPTED OR ERROR-FREE USE. CUSTOMER AGREES AXON HAS NO RESPONSIBILITY OR
LIABILITY FOR ANY THIRD-PARTY SERVICES OR PRODUCTS USED BY THE CUSTOMER IN CONJUNCTION
WITH AXON’S PRODUCTS OR SERVICES.
7. Updates. Axon may make available updates and error corrections ("Updates") to any Axon Software, Firmware, or
Cloud Service product. Axon will provide Updates electronically via the Internet or media as determined by Axon. An
"Upgrade" includes new versions of Axon products that (i) enhance features and functionality, as solely determined
by Axon; and/or (ii) provide additional features or perform additional functions. Upgrades exclude new products that
Axon introduces and markets as distinct products or applications. During the Customer’s Term, Axon will provide
Update and Upgrade releases to the Customer on an if-and-when available basis.
8. Customer Responsibilities. Customer is responsible for (a) ensuring Customer owns Customer Content or has
the necessary rights to use Customer Content (b) ensuring no Customer Content or Customer End User’s use of
Customer Content, or Axon Software, Firmware, or Cloud Service products violates this Agreement or applicable
laws, including acquiring and maintaining required consents; (c) maintaining necessary computer equipment and
Internet connections for use of the Axon Software, Firmware, or Cloud Service products and any Updates thereto and
(d) verifying the accuracy of any auto generated or AI-generated reports. If Customer becomes aware of any violation
of this Agreement by an End User, Customer will immediately terminate that End User’s access to the Axon Software,
Firmware, or Cloud Service products.
8.1. Passwords. Customer will also maintain the security of End User usernames and passwords and access by
End Users to Customer Content. Customer is responsible for ensuring the configuration and utilization of the
Axon Software, or Cloud Service products meet applicable Customer regulations and standards. Customer
may not sell, transfer, or sublicense access to any other entity or person. If Customer provides access to
unauthorized third-parties, Axon may assess additional fees along with suspending Customer’s access.
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Customer shall contact Axon immediately if an unauthorized party may be using Customer’s account or
Customer Content, or if account information is lost or stolen.
9. YouTube. To the extent Customer uses the Axon Cloud Services to interact with YouTube®, such use may be
governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms.
10. Roles of the Parties. To the extent that Customer is the Data Controller of Personal Data, Axon is its Data
Processor. To the extent that Customer is a Data Processor of Personal Data, Axon is its subprocessor.
Notwithstanding the foregoing, to the extent any usage data (including query logs and metadata) and/or
operations data (including billing and support data) in connection with Customer’s use of the Services (collectively
“Usage and Operations Data”) is considered Personal Data, Axon is an independent Data Controller and shall
Process such data in accordance with the Agreement and applicable data protection laws to develop, improve,
support, and operate its products and services. For the avoidance of doubt, Axon will not disclose any Usage and
Operations Data that includes Confidential Information with a third party except (a) in accordance with the relevant
confidentiality provisions in the Agreement, or (b) to the extent the Usage and Operations Data is, in accordance
with applicable data protection laws, anonymized, de-identified, and/or aggregated such that it can no longer
directly or indirectly identify Customer or any particular individual.
11. After Termination. Axon will not delete Customer Content for ninety (90) days following termination. Axon Cloud
Services will not be functional during these ninety (90) days other than the ability to retrieve Customer Content.
Customer will not incur additional fees if Customer downloads Customer Content from Axon Cloud Services
during this time. Axon has no obligation to maintain or provide Customer Content after these ninety (90) days and
will thereafter, unless legally prohibited, delete all Customer Content. Upon request, Axon will provide written
proof that Axon successfully deleted and fully removed all Customer Content from Axon Cloud Services.
12. Post-Termination Assistance. Axon will provide Customer with the same post-termination data retrieval
assistance that Axon generally makes available to all customers. Requests for Axon to provide additional
assistance in downloading or transferring Customer Content, including requests for Axon’s data egress service,
will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external
system.
13. U.S. Government Rights.
13.1. If Customer is a U.S. Federal department or using Axon Cloud Services or Software on behalf of a U.S.
Federal department, Axon Cloud Services, Software, or Software Documentation are provided as a
"commercial item," "commercial computer software," "commercial computer software documentation," and
"technical data", as defined in the Federal Acquisition Regulation (“FAR”) and Defense Federal Acquisition
Regulation Supplement (“DFARS”). If Customer is using Axon Cloud Services or Software on behalf of the
U.S. Government and these terms are inconsistent in any respect with federal law, Customer will
immediately discontinue use of Axon Cloud Services.
13.2. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in DFAR

255.227-7013(c)(1)(ii) et. Seq. or 252.211-7015, or FAR 52.227-19(a)-(d), as applicable, or similar clauses in
the NASA FAR Supplement.

14. Export Controls. None of the Software, Software Documentation, or underlying information, may be downloaded or

otherwise exported, directly or indirectly, without the prior written consent, if required, of the office of Export
Administration of the United States, Department of Commerce, nor to any country to which the U.S. has embargoed
goods, to any person on the U.S. Treasury Department’s Specially Designated Nationals or Blocked Persons List, or the
U.S. Department of Commerce’s Denied Persons List.

15. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Customer
Owns Customer Content, Restrictions, Export Controls, Privacy, Storage, Disclaimer, and Customer
Responsibilities.
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II. Axon Cloud Services

1. General. The following apply to all Axon Cloud Services unless otherwise provided in the Product Specific Terms
and Conditions Section:
1.1. Access. Upon Axon granting Customer a subscription to Axon Cloud Services, Customer may access and
use Axon Cloud Services to store and manage Customer Content. Customer may not exceed the total
number of End Users specified in the Quote. Axon Air requires an Axon Evidence subscription for each
drone operator. For Axon Evidence access granted solely for TASER, Customer may access and use Axon
Evidence only to store and manage TASER CEW data ("TASER Data") and Customer may not upload nonTASER Data to Axon Evidence.
1.2. Privacy. Customer’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Notice, a
current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy.
1.3. Storage.
1.3.1. Unlimited Axon Device Storage. For Axon Unlimited Device Storage subscriptions, Customer may
store unlimited data in Customer's Axon Evidence account only if the Axon Device data is shared to
Customer through Axon Evidence from a partner agency using Axon Evidence, or the data originates
from Axon Capture or an Axon Device.
1.3.2. Third-Party Unlimited Storage. For Third-Party Unlimited Storage the following restrictions apply: (i) it
may only be used in conjunction with a valid Axon Evidence user license; (ii) is limited to data of the law
enforcement Customer that purchased the Third-Party Unlimited Storage and the Axon Evidence End
User; (iii) Customer is prohibited from storing data for other customers or law enforcement agencies;
and (iv) Customer may only upload and store data that is directly related to (1) the investigation of, or
the prosecution or defense of a crime, (2) common law enforcement activities, or (3) any Customer
Content created by Axon Devices or Axon Evidence.
1.3.3. A-la-Carte Storage. If Customer purchases a-la-carte storage and Customer exceeds the purchased
storage amounts, Axon may charge Customer additional fees for exceeding purchased storage
amounts.
1.3.4. Retention Policy. Customer must categorize and set a retention period for all Customer Content in
accordance with applicable law and Customer policies within 30 days of upload. The retention policy
can be from thirty (30) days to ninety-nine (99) years. Only 10% of Customer Content may be set at 99
years.
1.3.5. Restrictions. Customer may not save live-streamed video, continuous video feeds, including from
CCTV systems, fixed surveillance cameras, third-party camera systems, or any other camera (including
an Axon Device) or monitoring system, even if such content is ingested, integrated, or accessed
through Axon Evidence (“Streaming Video”) under the Axon Unlimited Storage Subscription. Customer
may save clips of the Streaming Video under the Unlimited Storage Plan.
1.3.6. Archival Storage. Axon may place Customer Content in to archived storage if: (i) Customer Content
has not viewed or accessed for six (6) months, or (ii) Customer Content has not been categorized
within thirty (30) days of upload. Customer Content in archival storage will not have immediate
availability and may take up to twenty-four (24) hours to access.
1.3.7. Location of Storage. Axon may transfer Customer Content to third-party subcontractors for storage. If
Customer is located in the United States, Canada, or Australia, Axon will ensure all Customer Content
stored in Axon Cloud Services remains in the country where Customer is located. Axon will determine
the locations of data centers for storage of Customer in accordance with the Agreement.
1.4. Axon Cloud Services Warranty. AXON DISCLAIMS ANY WARRANTIES OR RESPONSIBILITY FOR
DATA CORRUPTION OR ERRORS BEFORE CUSTOMER UPLOADS DATA TO AXON CLOUD
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SERVICES. SERVICE OFFERINGS WILL BE SUBJECT TO THE AXON CLOUD SERVICES SERVICE
LEVEL AGREEMENT, A CURRENT VERSION OF WHICH IS AVAILABLE AT
HTTPS://WWW.AXON.COM/PRODUCTS/AXON-EVIDENCE/SLA.
2. Cloud Services- Product Specific Terms and Conditions. Notwithstanding any other provision in the
Agreement, the following terms and conditions apply to the specific Axon Cloud Services purchased:

2.1.Policy Chat.

2.1.1. License and Content Restrictions. Any uploads beyond 5,000 pages may be limited by Axon. It is the
Customer's responsibility to manage uploads to ensure system efficiency and compliance with these
terms.
2.1.2. Data Processing. Customer is responsible for uploading and maintaining current, complete, and
accurate policy documents and removing outdated versions. Axon AI Technology (as defined below)
generates responses solely from Customer-provided documents and may not reflect recent updates.

2.2. Draft One. Axon may impose usage restrictions if a single user generates more than three hundred (300)
reports per month for two or more consecutive months.
2.3. Brief One. Brief One includes automatic summarization of all products that can be transcribed. Axon may
limit evidence and case summaries for cases with over one thousand (1000) pieces of evidence or after
three hundred (300) cases per End User per month for two (2) consecutive months in a row.
2.4. Auto-Tagging. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to
interact with Customer’s Computer-Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This
allows End Users to auto-populate Axon video meta-data with a case ID, category, and location-based on
data maintained in Customer’s CAD or RMS.
2.5. Auto-Transcribe.
2.5.1. A-La-Carte Minutes. If Customer purchases A-La-Carte Auto-Transcribe minutes, Customer may
utilize Axon Auto-Transcribe, subject to the number of minutes allowed on the Quote. Customers
cannot roll over unused minutes to future Auto-Transcribe terms. Axon may charge Customer additional
fees for exceeding the number of purchased minutes. Axon Auto-Transcribe minutes expire one year
after being provisioned to Customer by Axon.
2.5.2. Axon Unlimited Transcribe. If Customer purchases an Unlimited Transcribe subscription, Customer
may utilize Axon Auto-Transcribe with no limit on the number of minutes. Unlimited Transcribe includes
automatic transcription of all Axon BWC and Axon Capture footage. With regard to Axon Interview
Room, Axon Fleet, Axon Community Link, or third-party transcription, transcription must be requested
on demand. Notwithstanding the foregoing, Axon may limit usage after 5,000 minutes per user per
month for multiple months in a row. Axon will not bill for overages.
2.6. FUSUS.
2.6.1. Axon Positioning Services. Axon cameras may offer a feature to enhance location services where
GPS/GNSS signals may not be available, for instance, within buildings or underground. Customer
administrators can manage their choice to use this service within the administrative features of Axon
Cloud Services. If Customer chooses to use this service, Axon must also enable the usage of the
feature for Customer’s Axon Cloud Services tenant. Customer will not see this option with Axon Cloud
Services unless Axon has enabled Wi-Fi Positioning for Customer’s Axon Cloud Services tenant.
2.6.2. Axon Body LTE Requirements. FUSUS is only available and usable with an LTE enabled body-worn
camera. Axon is not liable if Customer utilizes the LTE device outside of the coverage area or if the LTE
carrier is unavailable. LTE coverage is available in the United States including U.S. territories.
Additional verification will be required for use in select international regions. Axon may utilize a carrier
of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without
Customer’s consent.
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2.6.3. Axon Fleet LTE Requirements. Axon FUSUS is only available and usable with a compatible Fleet
system configured with LTE modem and service. Customer is responsible for providing LTE service for
the modem. Coverage and availability of LTE service is subject to Customer’s LTE carrier.
2.6.4. Data Privacy. Axon may collect, use, transfer, disclose and otherwise process Customer Content in the
context of facilitating communication of data with Customer through their use of FUSUS cloud services,
FUSUS app (iOS or Android interface), complying with legal requirements, monitoring the Customer’s
use of FUSUS systems, and undertaking data analytics.
2.7. LTE Networks. Partner networks are made available as-is and the carrier makes no warranties or
representations as to the availability or quality of roaming service provided by carrier partners, and the
carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks.
Customer expressly understands and agrees that it has no contractual relationship whatsoever with the
underlying wireless service provider or its affiliates or contractors when LTE service is provided by Axon and
Customer is not a third-party beneficiary of any agreement between Axon and the underlying carrier.
2.8. TASER Data Science Program. Axon will provide Customer with Transformed Data (as defined below).
2.8.1. Definitions.
2.8.1.1. "Provided Data" means de-identified, de-personalized, data derived from Customer's TASER
energy weapon deployment reports, related TASER energy weapon logs, body-worn camera
footage, and incident reports.
2.8.1.2. "Transformed Data" means the Provided Data used for the purpose of quantitative evaluation of
the performance and effectiveness of TASER energy weapons in the field across a variety of
circumstances.
2.8.2. License to Axon. If Customer purchases the TASER Data Science Program, Customer grants Axon,
its affiliates, and assignees an irrevocable, perpetual, fully paid, royalty-free, and worldwide right and
license to use Provided Data solely for the purposes of this Agreement and to create Transformed
Data. Customer shall own all rights and title to Provided Data. Axon shall own all rights and title to
Transformed Data and any derivatives of Transformed Data.
2.8.3. License to Customer. Axon grants to Customer an irrevocable, perpetual, fully paid, royalty-free,
license to use to TASER Data Science report for its own internal purposes. The Data Science report is
provided “as is” and without any warranty of any kind.
2.8.4. Deletion of Provided Data. In the event Customer seeks Axon’s deletion of Provided Data, it may
submit a request to [email protected]. Where reasonably capable of doing so, Axon will implement
the request but at a minimum will not continue to collect Provided Data from Customer.
2.9. Community Link.
2.9.1. Community Link Security. Axon will not treat Community Link Customer Content in accordance with
FBI CJIS Security Policy requirements and does not agree to the CJIS Security Addendum for this
engagement or any other security or privacy related commitments that have been established between
Axon and Customer, such as ISO 27001 certification or SOC 2 Reporting.
2.9.2. License and Intellectual Property. Customer grants Axon, its affiliates, and assignees the
irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Community Link
Customer Content for internal use. Customer acknowledges that Axon may make any lawful use of
Community Link Customer Content and any derivative of Customer Content including, without
limitation, the right to monetize, redistribute, make modification of, and make derivatives of, the
surveys, survey responses and associated data, and Customer will have no intellectual property right
in any good, service, media, or other product that uses Community Link Customer Content. Axon may
not release Community Link Customer Content to any third party under this right that is not
aggregated and de-identified.
2.10. Axon Records.

2.10.1. Term. Axon Records subscription begins on the later of the (1) start date of the Quote, or (2) the

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date Axon provisions Axon Records to Customer, and will end upon the completion of the Axon
Records Subscription in the Quote, or if purchased as part of an OSP 7 or OSP 10 plan, upon
completion of the OSP 7 or OSP 10 Term ("Axon Records Subscription Term").
2.10.2. Limitations.
2.10.2.1.
New or additional Axon products and applications, as well as any Axon Professional
Services needed to configure Axon Records, are not included as part of the Axon Records
Subscription.
End Users of Axon Records may upload files to entities (incidents, reports, cases, etc.) in
Axon Records with no limit to the number of files and amount of storage. Notwithstanding the
foregoing, Axon may limit usage should the Customer exceed an average rate of one hundred
(100) GB per user per year of uploaded files. Axon will not bill Customer for overages.

2.10.2.2.

2.11. Dedrone.

2.11.1. Definitions.
2.11.1.1.
“Dedrone Data” means data that Axon maintains regarding a wide variety of drone
models and manufacturers in the marketplace (“DedroneDNA”, formerly “DroneDNA”), as well
as usability information that Axon collects regarding the performance of the Dedrone Software
and Dedrone Hardware, aggregate or de-identified Collected Data compiled or used by Axon in
accordance with Section 2.11.5, and any other information that Axon makes available to
Customer by means of the Dedrone Software.
2.11.1.2.
“Dedrone Hardware” means the Axon drone detection hardware sensor or mitigation
products set forth on a Quote and does not include any Third-Party Hardware.
2.11.1.3.
“Sensor” means a radio frequency, video, radar or other hardware sensor for drone
detection purchased by Customer from Axon or obtained from any third-party vendor.
2.11.1.4.
“Dedrone Software” means (i) Axon’s proprietary drone-tracking software, known as
DedroneTracker (formerly DroneTracker), whether deployed on-premise or hosted by Axon as
a cloud-based solution, (ii) Axon’s video analytics software (currently known as Analytics
Server), and/or (iii) software and/or firmware deployed or installed on the Dedrone Hardware or
available for download and installation onto Customer’s Third-Party Hardware.
2.11.1.5.
“Third-Party Hardware” means hardware products owned by Customer or purchased by
Customer from third parties that are used by Customer in conjunction with the Software.
2.11.2. License to Customer. Axon grants Customer a royalty-free, nonexclusive, nontransferable,
worldwide right during each Dedrone Subscription Term to use the Dedrone Software, including the
Dedrone Data and Collected Data, subject to the terms of the Agreement and this Section (the
“License”). Customer must purchase a License to the Dedrone Software for each unit of Dedrone
Hardware and/or Third-Party Hardware using Dedrone Software.
2.11.3. Compliance. Customer will ensure that none of the Dedrone Products are directly or indirectly
exported, re-exported, or used to provide services in violation of such export laws and regulations. If
Customer uses a radio jammer, or any other controlled device, in connection with the Dedrone
Software, Customer represents to Axon that it is authorized to do so by the relevant authorities, that it
will do so only in accordance with such authorization, and it will provide supporting documentation
regarding such authorization upon request. Axon shall not be liable if any government export
authorization is delayed, denied, revoked, restricted or not renewed, nor shall any such delay, denial,
revocation, restriction or non-renewal constitute a breach of the Agreement by Axon.
2.11.4. Data Protection. If Customer licenses Dedrone Software, the Dedrone Software may collect and
send to servers owned, operated or controlled by Axon, data or other information regarding
Customer’s use of the Dedrone Software, which may include (i) information generated by each
Sensor deployed by Customer, including the date, time, and duration of the detection of the drone, as
well as the locations of the detected drones, remote controls, and the Sensor itself (collectively,
“Sensor Data”), and (ii) video recording of the detected drones, including flight path ("Video Data")
(Sensor Data and Video Data are collectively referred to as “Collected Data”).
2.11.5. Use of Collected Data. Axon has the right to use Collected Data for any purpose, including: (i)

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improving or analyzing any Dedrone Product; (ii) analyzing any Dedrone Product or the performance
of any Dedrone Product; or (iii) compiling or using aggregate or de-identified Collected Data with other
customers, or government and law enforcement entities, with or without compensation. Customer
acknowledges that Axon may learn from the performance or use of any Dedrone Product, and Axon
shall have the sole right to exploit any modification, enhancement or improvement of any Dedrone
Product resulting from such learning.
2.11.6. Axon Property. Axon owns and retains all rights, title, and interest in and to the Dedrone Data,
Collected Data, the Dedrone Software, and all intellectual property embodied in the Dedrone
Hardware.
2.12. Axon 911 Products (Prepared and Carbyne)

2.12.1. Definitions.
2.12.1.1.
“Solution” means the Axon 911 Software and/or Platform which Axon makes available to
Customer pursuant to this Section, which includes Carbyne and Prepared 911 Products and
Services. The Solution does not include Third Party Content or Third-Party Services.
2.12.1.2.
“Third Party Content” means applications, materials, data and information, such as
location, transcriptions, translations and any output generated by AI powered tools, which are
provided by a third party and are made available to Customer through Customer’s use of the
Solution.
2.12.1.3.
“Third Party Services” means services such as porting phone numbers, voice services
provided by Bandwidth and Twilio, connectivity services and broadband circuits provided by a
third party which are passed through to Customer for use with the Solution.
2.12.2. Solution License. If applicable to the Solution, Customer may use the Solution to connect with
Customer’s other applications, allowing Customer to receive and access Customer Content available
from such applications through the Solution and to make Customer Content available to End Users.
2.12.3. Data Retention. Unless Customer provides Axon with written instruction otherwise, Axon will retain
Customer Content which is submitted to Axon Cloud Services or which is recorded or stored in the
course of Customer’s use of the Solution, for a period of two (2) years during the Subscription Term
(the “Data Retention Period”). Customer Content is automatically deleted thirty (30) days after (a) the
Data Retention Period, or (b) the expiration or termination of the Subscription Term for any reason. At
any time prior to such deletion, Customer may download Customer Content which has been stored on
the Axon Cloud Services. Customer acknowledges it is solely responsible for compliance with any
applicable data retention laws and for any data requests. Axon will have no further obligation with
respect to Customer Content after the Data Retention Period or after the deletion of Customer
Content.
2.12.4. Privacy. Carbyne Privacy Policy, located at https://carbyne.com/privacy-policy, shall govern data
protection and privacy when using Carbyne products or services. Axon may create anonymized and
aggregated statistical data from Customer’s usage of the Solution, which does not include
Customer’s Personal Data. Axon may use such anonymized and aggregated data for Axon’s own
internal purposes, such as to develop and improve the Solution, to develop new services or
products and to identify usage trends.
2.12.5. Third-Party Fees. Fees for Third Party Services reflect pass-through costs from Third Party Service
providers which are based on Customer’s anticipated use. Axon may revise the annual fees based on
Customer’s use. Third Party Service fees are also subject to change based on fee changes imposed
by Third Party Service providers. If Axon is subject to any third party charges as a result of
Customer’s delays or requested changes (such as any changes to requested dates, configuration
changes or additional integrations), Axon will invoice Customer for any applicable third party charges
Axon incurs.
2.12.6. Support Terms for 911 Products. If purchased, Carbyne support will be performed in accordance
with applicable Carbyne Support Terms available at https://carbyne.com/legal/. Prepared support
terms are available upon request.

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2.12.7. Customer Cooperation. Customer acknowledges that timely provision of and access to Customer
systems, equipment, assistance, cooperation, and complete and accurate information and data
("Customer Cooperation") is essential to Axon's performance under this Agreement, and Customer
is responsible for ensuring its infrastructure meets applicable minimum requirements and for the
accuracy of all information provided. Customer Cooperation includes facilitating access to and
discussions with any third-party vendors or subcontractors required to integrate with the Solution, for
whose fees Axon bears no responsibility. Customer authorizes Axon limited access to its systems,
networks, facilities, and third-party systems as reasonably necessary to perform services under this
Agreement or any SOW, and Axon agrees to comply with Customer's security requirements. If
Customer fails to timely perform its obligations or provide Customer Cooperation, Axon is not
responsible for any dependent obligations to the extent of such delay.
2.12.8. Prepared Products Deployment.
Prepared product deployment timelines for Prepared products within the Scope of Work
(SOW) shall be mutually agreed to by the Parties in the SOW. The initial deployment of
Assistive Call Taking (ACT) may take up to twelve (12) months from the execution of the SOW
and the service start date listed in the Agreement; deployments of the remaining Prepared
products may take up to twenty-four (24) months from the execution of the SOW. Axon must
confirm feasibility based on technical requirements for Prepared products prior to the execution
of the SOW.
2.12.8.2.
Customers using Solacom (Comtech CHE) call handling equipment in a multi-tenant
configuration are not eligible for Prepared ACT or Prepared AQA, as call audio cannot be
isolated to a single agency. Such Customers remain eligible for ANET and Assistive Dispatch.
Customers on Solacom single-tenant configurations are eligible for all Prepared products,
subject to SPAN port fees described below.
2.12.8.1.

2.12.9. Disclaimers.
2.12.9.1.
CUSTOMER ACKNOWLEDGES AXON DOES NOT PROVIDE TELEPHONE
SERVICES, INTERCONNECTED VOIP SERVICES, OR 911 SERVICES. AXON MAKES NO
REPRESENTATION THAT IT IS AN INTERCONNECTED VOIP SERVICE OR A COVERED
911 SERVICE PROVIDER, AND CUSTOMER MUST OBTAIN SUCH SERVICES FROM THE
APPROPRIATE THIRD-PARTY SERVICE PROVIDER.
1.1.1.1. CUSTOMER ACKNOWLEDGES THAT AXON MAKES NO REPRESENTATION OR

RECOMMENDATIONS WITH REGARD TO THE CONTENT OR COMPLIANCE OF THE
SOLUTION, OR ANY OTHER PRODUCT OR SERVICE AXON OFFERS, WITH LAWS,
RULES, REGULATIONS AND INDUSTRY STANDARDS (INCLUDING NENA STANDARDS
AND DATA RETENTION REQUIREMENTS) WHICH APPLY TO CUSTOMER’S INTENDED
USE, SUCH AS RECEIVING AND PROCESSING EMERGENCY CALLS. CUSTOMER IS
RESPONSIBLE FOR MAKING CUSTOMER’S OWN LEGAL DETERMINATION ON
WHETHER CUSTOMER CAN USE THE SOLUTION AND ANY OTHER PRODUCTS AND
SERVICES AXON OFFERS FOR CUSTOMER’S INTENDED USE.

III. Software

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1. Software - General
1.1. Licenses.
1.1.1. Software License. Subject to Customer’s compliance with this Agreement (including the Quote) and
any applicable documentation, and payment of applicable fees, Axon grants Customer a nonexclusive, non-transferable, revocable, limited, non-sublicensable, royalty-free license during the
applicable Subscription Term to install, use, and display the Axon Software solely for Customer’s
internal purposes and solely for data communication with Axon Devices or Cloud Services for the
number and type of licenses purchased.
1.1.2. Firmware License. Subject to Customer’s compliance with this Agreement and payment of
applicable fees, Axon grants Customer a non-exclusive, non-transferable, non-sublicensable, royaltyfree, perpetual limited license to use the Axon Firmware solely on Axon Devices.
1.2. Actions Required Upon Termination. Upon termination of the license associated with this Agreement,
Customer agrees to destroy all copies of the Software and other text and/or graphical documentation,
whether in electronic or printed format, that describes the features, functions and operation of the Software
that is provided by Axon to Customer ("Software Documentation") or return such copies to Axon.
Regarding any copies of media containing regular backups of Customer's computer or computer system,
Customer agrees not to access such media for the purpose of recovering the Software or online Software
Documentation.
2. Software – Product Specific.
2.1. Wireless Offload Server. Upon request by Axon, Customer will provide Axon with access to Customer’s
store and forward servers solely for troubleshooting and maintenance.
2.2. Investigate- Third-Party Licenses (On-Premises Software Only). This Section applies solely to
Customer’s on-premises deployment of the Software and does not apply to any cloud-hosted or SaaS
offerings. Axon licenses several third-party codecs and applications that are integrated into the Software.
Customer agrees to and understands that an active support contract with Axon is required for access to all of
the following features: DNxHD output formats, decoding files via the "fast indexing" method, proprietary file
metadata, telephone and email support, and all future updates to the Software. If Customer terminates the
annual support contract with Axon, the features listed above will be disabled within the Software.
2.3. Evidence Local License. Axon owns all executable instructions, images, icons, sound, and text in Axon
Evidence Local. All rights are reserved to Axon. Axon grants a non-exclusive, royalty-free, worldwide right
and license to use Axon Evidence Local. "Use" means storing, loading, installing, or executing Axon
Evidence Local exclusively for data communication with an Axon Device. Customer may use Axon Evidence
Local in a networked environment on computers other than the computer it installs Axon Evidence Local on,
so long as each execution of Axon Evidence Local is for data communication with an Axon Device.
Customer may make copies of Axon Evidence Local for archival purposes only. Customer shall retain all
copyright, trademark, and proprietary notices in Axon Evidence Local on all copies or adaptations.
IV. Axon Application Programming Interface

(“API”) 1. General

1.1. Definitions.
1.1.1. "Active Channel" means a third-party system that is continuously communicating with an Axon Digital
Evidence Management System.
1.1.2. "API Client" means the software that acts as the interface between Customer’s computer and
the server, which is already developed or to be developed by Customer.
1.1.3. “API Content” All content related to API Service, excluding Customer Content or Customer’s API
Client Content, is considered Axon’s API Content, including: (i) the design, structure and naming of API
Service fields in all responses and requests; (ii) the resources available within API Service for which
Customer takes actions on, such as Evidence, cases, users, or reports; (iii) the structure of and
relationship of API Service resources; and (iv) the design of API Service, in any part or as a whole.

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1.1.4. "API Interface" means software implemented by Customer to configure Customer’s independent API
Client software to operate in conjunction with the API Service for Customer’s authorized Use.
1.1.5. "Axon Digital Evidence Management System" means Axon Evidence or Axon Evidence Local, as
specified in the Channel Services Statement of Work.
1.1.6. "Axon Evidence Partner API, API or Axon API" (collectively "API Service") means Axon’s API which
provides a programmatic means to access data in Customer’s Axon Evidence account or integrate
Customer’s Axon Evidence account with other systems.
1.1.7. "Inactive Channel" means a third-party system that will have a one-time communication to an
Axon Digital Evidence Management System.
1.1.8. "Use" means any operation on Customer’s data enabled by the supported API functionality.
1.2. Purpose and License.

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1.2.1. Customer may use API Service and data made available through API Service, in connection with an
API Client developed by Customer. Axon may monitor Customer’s use of API Service to ensure quality,
improve Axon Devices and Services, and verify compliance with this Agreement. Customer agrees to
not interfere with such monitoring or obscure from Axon Customer’s use of API Service. Customer will
not use API Service for commercial use.
1.2.2. Axon grants Customer a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right
and license during the Term to use API Service, solely for Customer’s Use in connection with
Customer’s API Client.
1.3. Limitations. Axon reserves the right to set limitations on Customer’s use of the API Service, such as a
quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to
accommodate use beyond the designated limits.
1.4. Configuration. Customer will work independently to configure Customer’s API Client with API Service for
Customer’s applicable Use. Customer will be required to provide certain information (such as identification or
contact details) as part of the registration. Registration information provided to Axon must be accurate.
Customer will inform Axon promptly of any updates. Upon Customer’s registration, Axon will provide
documentation outlining API Service information.
1.5. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Customer is
required to implement and use the most current version of API Service and to make any applicable changes
to Customer’s API Client required as a result of such API Update. API Updates may adversely affect how
Customer’s API Client accesses or communicates with API Service or the API Interface. Each API Client
must contain means for Customer to update API Client to the most current version of API Service. Axon will
provide support for one (1) year following the release of an API Update for all depreciated API Service
versions.
2. API – Product Specific
2.1. Axon Channel Services
2.1.1. Scope. When Customer has a third-party system or data repository from which Customer desires to
share data with Axon Digital Evidence Management, Axon will facilitate the transfer of Customer’s thirdparty data into or out of Axon’s Digital Evidence Management System, as defined in the Channel
Services Statement of Work ("Channel Services SOW"). Channel Services will not delete any
Customer Content. Customer is responsible for verifying all necessary data is migrated correctly and
retained per Customer policy.
2.1.2. Purpose and Use. For Active Channels, Customer is responsible for any changes to a third-party
system that may affect the functionality of the Channel Service. An Axon Field Engineer may require
access to Customer’s network and systems to perform the Services described in the Channel Services
SOW. Customer is responsible for facilitating this access per all laws and policies applicable to
Customer.

V.Artificial Intelligence (“AI”)

1. Definitions.
1.1. “AI Technology” means artificial intelligence functionalities embedded in Axon’s Products, which may
include: (a) Enhanced Evidence Management; (b) AI-powered redaction tools; (c) Large Language Modelbased tools (d) Predictive Analytics for operational insights; or (e) Natural Language Processing (NLP) for
text and speech analysis.
1.2. “Bias Mitigation” means strategies and techniques used to identify, measure, and minimize bias in AI
Technology.
2. Axon Responsibilities
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2.1. Data Use. Unless otherwise agreed to in writing, Axon and Axon’s subprocessors will not train their
models on Customer Content.
2.2. Ethical AI Development. Axon shall: (a) follow its responsible innovation framework; (b) engage with the
Ethics and Equity Advisory Council (EEAC) for feedback; (c) conduct testing to minimize bias and ensure
reliability; and (d) implement Bias Mitigation techniques in model development and deployment.
3. Customer Responsibilities and Disclaimers.
3.1. Use of AI Technologies. Customer acknowledges that AI Technology is assistive and not designed to
replace human review and judgement. Customer must: (a) review AI-generated outputs to ensure accuracy
and appropriateness; (b) maintain control over Customer Content shared with AI Technologies (c) comply
with applicable laws when using Axon AI Technology and Axon Services; and (d) monitor for potential issues
with AI outputs, including false positives or negatives.
3.2. RESTRICTIONS. AI TECHNOLOGY IS NOT DESIGNED FOR EMERGENCIES, UNLESS EMERGENCY
USE CASES ARE DESCRIBED IN THE APPLICABLE PRODUCT DOCUMENTATION AND IN SUCH
CASES, USERS SHOULD CONTACT APPROPRIATE EMERGENCY SERVICES DIRECTLY. AXON
DISCLAIMS LIABILITY FOR QUERIES CONTAINING PROHIBITED CONTENT, SUCH AS HATE,
SEXUAL MATERIAL, OR VIOLENCE, AND RESERVES THE RIGHT TO RESTRICT SUCH USAGE.
3.3. HEALTHCARE. AXON CLOUD SERVICES THAT LEVERAGE AI TECHNOLOGY, E.G.,
TRANSCRIPTION AND TRANSLATION, MUST NOT BE USED BY HEALTHCARE PROVIDERS (SUCH
AS DOCTORS, NURSES, PARAMEDICS) FOR THE PURPOSE OF PROVIDING HEALTHCARE
SERVICES, AND SHALL ONLY BE USED FOR THE PURPOSE OF HEALTHCARE PROVIDERS DEESCALATING CONFRONTATIONS, UNLESS USE BY HEALTHCARE PROVIDERS TO PROVIDE
SAFER AND MORE EFFICIENT EMERGENCY RESPONSE HEALTHCARE SERVICES IS DESCRIBED
IN PRODUCT DOCUMENTATION.
4. Prepared Products AI Eras. This section applies to a Customer’s AI Eras subscription for Prepared products:
4.1. Assistive Dispatch Licensing. Deploying Assistive Dispatch may require Axon to procure additional third
party-licensing. Axon reserves the right to pass through these third-party costs to the Customer. Assistive
Dispatch may also require additional third-party hardware or services to be purchased by the Customer directly
from the third-party vendor. AI Era pricing does not include these third-party hardware or services costs.
4.2. Assistive Dispatch Eligibility. Assistive Dispatch is available for Customers using supported CAD and radio
console configurations. A technical assessment will determine eligibility. Customers with analog radio consoles
or unsupported digital console configurations are not eligible for Assistive Dispatch but may use other Prepared
products included in AI Era (ACT, AQA, ANET). Axon will conduct eligibility assessment only when explicitly
requested by customer.
4.3. PSAP Eligibility. PSAP eligibility for Prepared products under the AI Era Plan requires that AI Era licenses
purchased to represent at least one-third (33%) of the total sworn officer count associated with the PSAP. For
PSAPs serving multiple agencies, eligibility is calculated based on the aggregate AI Era licenses purchased
by all participating agencies relative to the combined sworn officer count served by that PSAP. Axon retains
sole discretion to determine PSAP eligibility, and may consider additional factors including call volume,
deployment feasibility, and PSAP configuration in making its determination. If Customer is interested in
Prepared products as part of the purchase of AI Era Plan, Customer shall assist Axon in making all eligibility
determinations within ninety (90) days of the date of the Quote signature.

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Schedule 1 to Software and Cloud Services Terms of Use Appendix
Axon Customer Experience Improvement Program Appendix
The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated
features, aiming to increase safety within communities and efficiency in public safety. Axon may make limited use of
Customer Content from participating customers to develop, improve, and support current and future Axon products
(collectively, “ACEIP Purposes”). ACEIP has 2 modes of participation, Basic and Custom. Customer is enrolled in
ACEIP Basic by default. If Customer does not want to participate in ACEIP Basic, ACEIP Custom, or both, Customer
can revoke its consent at any time via email to [email protected].
1. Axon Obligations
1.1 ACEIP Basic
When Axon uses Customer Content for ACEIP Purposes, Axon will:
• Use Customer Content only for ACEIP Purposes.
• Prohibit direct human access to Customer Content, including by Axon personnel and subprocessors, except
as needed to perform or validate deletion.
•
Retain Customer Content only as long as needed to create Transformed Content (defined below) and
validate the transformations.
•
Apply privacy-preserving transformations that remove identifying information appropriate to the use case
(“Transformed Content”). AI model weights and similar insights that do not contain Customer Content are
Transformed Content. Transformed Content is not Customer Content.
• Retain and permit direct human access to Transformed Content for ACEIP Purposes.
• Maintain security, privacy, and data governance programs as described in the Software and Cloud Services
Terms of Use Appendix, and apply them to ACEIP.
1.2 Transparency Portal Publication
Before activating a use case, Axon will publish it on the Axon Transparency Portal (https://www.axon.com/aceipenterprise), including the product development purpose, data types involved, and privacy-preserving techniques used.
Axon will also notify ACEIP participants when the Transparency Portal is updated with a new or materially changed
use case. Fifteen (15) calendar days after notification, Axon may activate the use case for all Basic participants.
1.3 Opt Out
Customer may opt out of ACEIP Basic at any time via [email protected]. Axon endeavors to implement opt outs within
fifteen (15) calendar days. Transformations of Customer Content cease when Axon implements the opt out. Axon may
retain Transformed Content created before it implemented the opt out request.
2. ACEIP Custom
Custom use cases may be governed by separate written terms between Axon and Customer. Those terms will control
that use case. Please direct inquiries regarding Customer participation to [email protected].

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Master Services and Purchasing Agreement
Axon Device Appendix
I. General. The following terms and conditions apply to any purchase, deployment, and use of Axon-manufactured
Devices or third-party hardware products provided under the Agreement.

II.

1.

Warnings. See www.axon.com/legal for the most current Axon Device warnings.

2.

Customer Responsibilities. Customer is responsible for (a) Customer’s use of Axon Devices; (b) Customer or a
Customer-authorized user’s breach of this Agreement or violation of applicable law; (c) disputes between Customer
and a third-party over Customer’s use of Axon Devices; and (d) secure and sustainable destruction and disposal of
Axon Devices at Customer’s cost in accordance with applicable law or regulations.

3.

Installation. In certain circumstances, Axon may use a third party authorized and trained by Axon to install
products. Axon will not be liable for the failure of any Axon hardware to operate per specifications if such failure
results from installation not performed by, or as directed by Axon or Axon’s third party installer.

4.

Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are
EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Customer upon Axon’s delivery to the
common carrier. Customer is responsible for any shipping charges in the Quote.

1.

General Warranty.
Axon Limited Warranty. Axon warrants that Axon-manufactured Devices, except for TASER devices (see below for
TASER warranty), are free from defects in workmanship and materials for one (1) year from the date of Customer’s
receipt, except Signal Sidearm which Axon warrants for thirty (30) months from Customer’s receipt, and Axonmanufactured accessories which Axon warrants for ninety (90) days from Customer’s receipt (“Limited Warranty”).

2. General Warranty Terms. The following apply to all Axon-manufactured Devices excluding TASER weapons: 2.1.
Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period
begins upon the expiration of the Limited Warranty. The maximum warranty period for an individual Axon
Device will be five (5) years including the initial Limited Warranty.
2.2. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term,
Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axonmanufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new.
Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of
the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement.
If Customer exchanges an Axon-manufactured Device or part, the replacement item becomes Customer’s
property, and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device
for service, Customer must upload Axon-manufactured Device data to Axon Evidence or download it and
retain a copy. Axon is not responsible for any loss of software, data, or other information contained in
storage media or any part of the Axon-manufactured Device sent to Axon for service.
3.

Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Customer a predetermined number of
spare Axon Devices detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to replace
broken or non-functioning units while Customer submits the broken or non-functioning units through Axon’s
warranty return process. Axon will repair or replace the unit with a replacement Device. Axon assumes no liability
or obligation in the event Customer does not utilize Spare Axon Devices for the intended purpose.

4.

Limitations and Disclaimer.

4.1.1. LIMITATION. AXON’S WARRANTY EXCLUDES DAMAGE RELATED TO: (A) FAILURE TO
FOLLOW AXON DEVICE USE INSTRUCTIONS; (B) AXON DEVICES USED WITH EQUIPMENT
NOT

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MANUFACTURED OR RECOMMENDED BY AXON; (C) ABUSE, MISUSE, OR INTENTIONAL
DAMAGE TO AXON DEVICE; (D) FORCE MAJEURE; (E) AXON DEVICES REPAIRED OR MODIFIED
BY PERSONS OTHER THAN AXON WITHOUT AXON’S WRITTEN PERMISSION; OR (F) AXON
DEVICES WITH A DEFACED OR REMOVED SERIAL NUMBER. AXON’S WARRANTY WILL BE VOID
IF CUSTOMER RESELLS AXON DEVICES.
4.1.2. DISCLAIMER. AXON DEVICES AND SERVICES THAT ARE NOT MANUFACTURED, PUBLISHED
OR PERFORMED BY AXON ("THIRD-PARTY PRODUCTS") ARE NOT COVERED BY AXON’S
WARRANTY AND ARE ONLY SUBJECT TO THE WARRANTIES OF THE THIRD-PARTY PROVIDER
OR MANUFACTURER.
4.1.3. EXCLUSIVE WARRANTY. TO THE EXTENT PERMITTED BY LAW, THE WARRANTIES AND
REMEDIES IN THE AGREEMENT ARE EXCLUSIVE. AXON DISCLAIMS ALL OTHER WARRANTIES,
REMEDIES, AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, OR IMPLIED. IF
STATUTORY OR IMPLIED WARRANTIES CANNOT BE LAWFULLY DISCLAIMED, THEN SUCH
WARRANTIES ARE LIMITED TO THE DURATION OF THE WARRANTY DESCRIBED ABOVE AND
BY THE PROVISIONS IN THIS AGREEMENT. CUSTOMER CONFIRMS AND AGREES THAT, IN
DECIDING WHETHER TO SIGN THIS AGREEMENT, CUSTOMER HAS NOT RELIED ON ANY
STATEMENT OR REPRESENTATION BY AXON OR ANYONE ACTING ON BEHALF OF AXON
RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT THAT IS NOT IN THIS AGREEMENT.
4.1.4. LOKI DRONE LIMITATIONS: IF CUSTOMER PURCHASES AXON LOKI, CUSTOMER
ACKNOWLEDGES THE LOKI DEVICE IS DESIGNED FOR OPERATION IN ENCLOSED,
CONTROLLED ENVIRONMENTS AND MUST BE USED IN COMPLIANCE WITH ALL APPLICABLE
LAWS AND SAFETY GUIDELINES. OPERATION IN OPEN OR UNAPPROVED AREAS MAY RESULT
IN SIGNAL INTERFERENCE, LOSS OF CONTROL, OR DAMAGE, AND AXON ASSUMES NO
LIABILITY FOR IMPROPER USE, INCLUDING ANY RESULTING HARM OR REGULATORY
VIOLATIONS.
III. Technology Assurance Plan (“TAP”).
1. TAP Device and Dock Refresh. If Customer has no outstanding payment obligations and purchased TAP,
Axon will provide Customer a new Axon Device ("Device Refresh") and Axon Dock (“Dock Refresh”) as
scheduled in the Quote. The Device Refresh and or Dock Refresh will be the same or like Axon Device, at
Axon’s option, depending on what model Customer originally purchased. Axon makes no guarantee the
Device Refresh will utilize the same accessories or Axon Dock. Accessories associated with any Dock
Refreshes are subject to change at Axon discretion. Dock Refreshes will only include a new Axon Dock Bay
configuration unless a new Axon Dock core is required for Axon Device compatibility. Under the Dedrone
Refresh Program, the replacement hardware will be the same model as, or a comparable model to, the
original. Axon is not obligated to provide next-generation or upgraded versions.
2.

Refresh Delay. Axon may ship the Axon Device and Dock Refreshes as scheduled in the Quote without prior
confirmation from Customer unless the Parties agree in writing otherwise at least ninety (90) days in advance,
including shipment of the final Axon Devices and Dock Refreshes up to sixty (60) days before the end of the
Subscription Term.

Upgrade Change. If Customer wants to upgrade Axon Device models from the current Axon Device to an
upgraded Axon Device, Customer must pay the price difference between the MSRP for the current Axon
Device and the MSRP for the upgraded Axon Device. Axon will not provide a refund if the model Customer
desires has an MSRP less than the MSRP of Customer’s current Devices. The MSRP is the MSRP in effect
at the time of the upgrade. Customer is responsible for the removal of previously installed hardware and
installation of the Device Upgrade. For Dedrone devices Axon does not guarantee that next-gen products
will be available at the time of refresh.
3.

4.

Return of Original Axon Device. Within thirty (30) days of receiving a Device or Dock Refresh, Customer
must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of
destruction to Axon including serial numbers for the destroyed Axon Devices. If Customer does not return or

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destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by
Customer. Under the Dedrone Refresh Program, Customer is not required to return the original hardware
upon receipt of the replacement.
5.

Termination. TAP coverage terminates as of the date of termination and no refunds will be given in the event
of termination or expiration of the Agreement.

IV. Axon Device Specific Terms and Conditions.
1. Cradlepoint. If Customer purchases Cradlepoint hardware, software, or services, Customer will comply with
Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence
Subscription. If Customer requires Cradlepoint support, Customer will contact Cradlepoint directly. By accepting a
Quote including Cradlepoint products, Customer designates and authorizes Axon as its partner of record for
purposes of Cradlepoint product renewals, support coordination, and other relevant functions. This designation
applies to all Cradlepoint products acquired by Customer during the Subscription Term of the applicable Quote
whether directly from Cradlepoint, through Axon, or through any third-party vendor or distributor. Axon shall have
no liability to Customer or any third party arising out of or relating to Axon’s acts or omissions as the Partner of
Record. Customer has the right to opt out of this authorization at any time by providing prior written notification to
both Axon and Cradlepoint. Upon such notification, the designation will be removed. This authorization remains
effective until formally removed in accordance with this section or as otherwise agreed between the parties in the
Agreement.
2. Axon Outpost.
2.1. Installation. Customers will obtain, maintain all legally required permits, authorizations, and/or licensing in
order to place, maintain, and/or remove the Axon Outpost device at the installation location, including
licenses or permits for fixed installation of poles. If mutually agreed by the Parties, Axon or an Axon
authorized subcontractor may assist with obtaining the necessary local, state, or Federal approvals before
installing Axon Outpost.
2.2. Vandalism or Motor Vehicle Accident Warranty. If Customer purchases the Vandalism and Accident
warranty, Axon will provide up to two (2) replacements per warranty purchased if your Outpost is damaged
due to vandalism or a motor vehicle accident. Axon will make a commercially reasonable effort to provide
new installation free of charge, but installation may require additional cost. Axon does not provide refunds or
credits if the warranty is not used during the Term of the Quote.
3. Axon Lightpost.
3.1. Ubicquia. If Customer purchases Lightpost hardware and installation services, any warranties for the
hardware are provided exclusively by the third-party manufacturer Ubicquia. All hardware-related support or
warranty claims must be directed to the respective third-party provider. Axon is not responsible for servicing
or replacing hardware. Axon will provide and support software components in accordance with the applicable
Quote.
3.2. Installation. Installation of Axon Lightpost equipment will be performed by a third-party service provider
authorized by Axon. Axon does not directly perform installation services.
3.3. Power. Customer agrees to supply a power source, in compliance with Lightpost requirements, at each site
where a Lightpost device is installed. The power must be available on a 24-hour, 7 days per week (24/7)
basis.
4. TASER Devices.
4.1. TASER Weapon Limited Warranty.
4.1.1. Definitions.

4.1.1.1.

“Deployment” means use of the TASER weapon resulting in the discharge of the
conducted energy weapon (“CEW”) cartridge probe. For TASER 10, each probe discharged is

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Master Services and Purchasing Agreement
considered one (1) Deployment. For TASER 7, the dual probe discharged is considered one (1)
Deployment.
“Pooled User” means the TASER weapon is assigned and used by multiple users.
4.1.1.2.
4.1.1.3. “Single User” means the TASER weapon is assigned and used by one user.
4.1.1.4.“Training Device” means the TASER weapon is only used for training purposes.
4.1.2. Warranty Coverage. Axon warrants that each Axon-manufactured TASER Device is free from defects
in workmanship and materials when assigned and used as a single-user device, pooled-user device, or
training device, for the earlier of: (i) one (1) year from the date of Customer’s receipt or (ii) if an
extended warranty is purchased for the Device, a total of up to 500 Deployments over 5 years. Used
CEW cartridges are deemed to have operated properly.
4.1.3. TASER 10L or TASER Covert. If the TASER Device is a TASER 10L (TASER 10 Light) or Covert as
defined in the Quote, Axon warrants that the TASER Device is free from defects in workmanship and
materials for the earlier of one (1) year from the date of Customer's receipt or 100 Deployments.
Reduced Life TASER 10L Device has a maximum warranty that may be purchased that will warrant the
Device for the earlier of two (2) years or 200 Deployments, including the Limited Warranty.

4.1.4.

Registration. Prior to use of the TASER Device, Customer must register each TASER Device in
TASER Device Axon Evidence tenancy as a Single User, Pooled User or Training Device. Failure to
properly register the TASER Device prior to its use may void the warranty at Axon’s sole discretion.

4.2. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Customer
must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty
and those that only use a CEW for training. Customer may not resell cartridges received. Axon will only
replace cartridges used in the line of duty.
4.3. Trade-in. If the Quote contains a discount on CEW-related line items and that discount is contingent upon the
trade-in of hardware, Customer must return used hardware and accessories associated with the discount
("Trade-In Units") to Axon within the below prescribed timeline. Customer must ship batteries via ground
shipping. Axon will provide Customer with a pre-paid shipping label for the return of the Trade-In Units. If
Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Customer the value of
the trade-in credit. Customer may not destroy Trade-In Units and receive a trade-in credit.
Customer Size

Days to Return from Start Date of TASER 10 Subscription

Less than 100
officers
100 to 499 officers

60 days
90 days

500+ officers

180 days

4.4. Customer Warranty. If Customer is located in the US, Customer warrants and acknowledges that TASER
10 is classified as a firearm and is being acquired for official Customer use pursuant to a law enforcement
agency transfer under the Gun Control Act of 1968.
5. Virtual Reality (VR) Headsets. Any additional virtual reality headsets purchased for use with Virtual Reality
Media must be purchased from Axon.
6. Training Pod
6.1. Customer Responsibilities. Customer is responsible for: (i) all permits to use the Axon Training Pod; (ii)
complying with all applicable laws pertaining to the use of the Axon Training Pod; (iii) any maintenance
required for the Axon Training Pod; and (iv) disposal of the Axon Training Pod.

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Master Services and Purchasing Agreement
6.2. Warranties. TO THE EXTENT NOT PROHIBITED BY LAW, AXON TRAINING POD IS SOLD “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
6.3. Placement. Axon will make its best efforts to work with Customer on the initial placement of the Axon
Training Pod. After the initial placement, it is the Customer’s responsibility to make any adjustments to
the Axon Training Pod’s placement.
6.4. Deemed Acceptance. The Axon Training Pod will be deemed accepted by Customer upon delivery.
Customer waives any right to reject the Axon Training Pod except in the event of damage during shipment,
which must be reported to Axon in writing within five (5) business days of delivery.

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Master Services and Purchasing Agreement
Professional Services Appendix
I. Implementation and Training
1. General
1.1. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except
holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Customer
travel time by Axon personnel to Customer premises as work hours.
1.2. Access Computer Systems to Perform Services. Customer authorizes Axon limited access Customer’s
relevant computers, network systems, facilities, and third-party systems as reasonably necessary for Axon to
perform services as defined in this Agreement or in a SOW. Axon agrees to comply with Customer’s security
requirements to access such systems, either remotely or on-site, as applicable. Axon will use commercially
reasonable efforts to identify the required resources in advance. Customer is responsible for ensuring its
infrastructure meets the minimum requirements and for the accuracy of the information provided.
1.3. Site Preparation. Axon will provide a copy of current user documentation for the Axon Devices ("User
Documentation"), which will include all required environmental and operational specifications for the
professional services and Axon Devices. Before installation of the Axon Devices, Customer must prepare the
location(s) where Axon Devices are to be installed ("Installation Site") per the User Documentation and
ensure all computers, hardware, vehicles, etc. are readily available in a suitable work area. Following
installation, Customer must maintain the Installation Site per the environmental specifications. Axon will
provide any updates to the User Documentation to Customer when Axon generally releases it. For any onsite
training, Customer is responsible for providing a suitable work/training area.
1.4. Acceptance. When Axon completes professional services, Axon will present an acceptance form
("Acceptance Form") to Customer for signature to acknowledge completion. Customer must notify Axon in
writing of any material non-conformance and the specific reasons for rejection within seven (7) calendar
days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance
Form for signature. If Customer does not sign the Acceptance Form or provide written notice of rejection
within seven (7) calendar days of delivery, the professional services will be deemed accepted by Customer.
1.5. Customer Network. Customer is solely responsible for maintenance and functionality of the network. In no
event will Axon be liable for loss, damage, or corruption of Customer’s network from any cause other than
Axon’s negligence.
1.6. Utilization of Services. Customer must use professional services within six (6) months of the Effective Date.

II. Standard Implementation Activities
1. Except for on-demand training, all professional services include advance remote project planning and
configuration support and assignment of a professional services manager to work with Customer on Customer’s
deployment to determine which Services under each category are appropriate. Any onsite support is noted under
each category. Additional on-site Services days may be purchased if needed.
2. Professional services may include the following activities depending on the service package purchased:
Implementation Activity

Description

System Setup and Configuration

Configure Customer settings in Axon systems based on Customer need

User and Role Configuration

Configure roles, permissions, categories, and retention settings and
register users, as applicable

Device Registration

Register devices and associate them with Customer domain

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Master Services and Purchasing Agreement
Implementation Activity

Description

Dock Configuration

Configure locations and settings and authenticate Axon Dock systems
(does not include physical mounting of docks)

System Troubleshooting

Troubleshoot IT issues with Axon Evidence, or hardware system access

System Admin Training

Step-by-step explanation and assistance for configuration of security,
roles & permissions, categories & retention, and other specific settings for
Axon Evidence.

Classroom and Practical Training

Step-by-step explanation and assistance for Customer's configuration of
product, functionality, and basic operation.

Evidence Sharing Training

Tailored workflow instruction on sharing cases and evidence with local
prosecuting agencies.

Best Practice Planning

Provide considerations for policy / system operations and best practices

Train-the-Trainer Instruction

Train designated Customer instructors who can support any subsequent
Customer training needs

User Go-Live Training

End-user instruction and deployment support for E.com and
device/operational training

Implementation Documentation

Axon guides for: administrators, product implementation, network setup,
categories & roles, and sample policies
Review deployment and address operational issues

Post Go-Live Review

TABLE 1 – PROFESSIONAL SERVICES MATRIX
Implementation Activity
System Setup and Configuration
User and Role Configuration
Device Registration
Dock configuration
System Troubleshooting
System Admin Training
Classroom and Practical Training
Evidence Sharing Training
Train-the-Trainer Instruction
Implementation Documentation
Best Practice Planning
Post Go-Live Review

Full
✔
✔
✔
✔
✔
✔
—
✔
✔
✔
✔
✔

BWC
Starter
✔
✔
—
✔
✔
—
—
—
✔
✔
—
—

Virtual
✔
✔
—
✔
✔
—
—
—
✔
✔
—
—

Full
✔
✔
✔
—
✔
✔
—
—
✔
✔
✔
✔

CEW
Starter
✔
✔
✔
—
✔
✔
—
—
✔
✔
✔
✔

VR
✔
✔
—
—
✔
—
✔
—
✔
—
✔
—

Air
On-Site Virtual
✔
✔
✔
✔
—
—
—
—
✔
—
✔
—

✔
—
—
—

✔
—

✔
—

✔
—

✔
—

3. Service Package Scope
3.1. Body-Worn Camera Services
•
BWC Full: Includes remote planning and up to four (4) consecutive on-site service days.
•

BWC Starter: Includes remote planning and one (1) on-site service day.

•

BWC Virtual: All Services delivered remotely.

3.2. CEW Services
•
CEW Full: Includes on-site support and instructor training for up to three (3) instructors.
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Justice
✔
✔
—
—
✔
—
—
✔
✔
✔
✔
✔

Master Services and Purchasing Agreement
•

CEW Starter: Services delivered remotely with instructor training for one (1) instructor.

3.3. VR Services. Includes remote planning and one (1) on-site training day, with instructor training for up to five
(5) instructors.
3.4. Axon Air Training. Includes system configuration and operational training. On-site training includes practical
flight instruction; virtual training excludes flight training.
3.5. Axon Justice Implementation. Includes workflow configuration, disclosure configuration, go-live planning,
and up to three (3) two (2) hour remote training sessions.

III. Additional Professional Services

1. Smart Weapon Transition Service. The Smart Weapon Transition Service includes:
1.1. Archival of CEW Firing Logs. Axon’s on-site professional services team will upload CEW firing logs to
Axon Evidence from all TASER CEW Smart Weapons that Customer is replacing with newer Smart
Weapon models.
1.2. Return of Old Weapons. Axon’s on-site professional service team will ship all old weapons back to
Axon’s headquarters. Axon will provide Customer with a Certificate of Destruction.
1.2.1. *Note: CEW Full-Service packages for TASER 7 or TASER 10 include Smart Weapon Transition
Service instead of 1-Day Device Specific Instructor Course.
2. Signal Sidearm Installation Service.
2.1. Purchases of 50 SSA units or more: Axon will provide one (1) day of on-site service and one professional
services manager and will provide train the trainer instruction, with direct assistance on the first of each
unique holster/mounting type. Customer is responsible for providing a suitable work/training area.
2.2. Purchases of less than 50 SSA units: Axon will provide a 1-hour virtual instruction session on the basics of
installation and device calibration.
3. TASER On Demand Training. If the Quote includes a TASER On Demand Certification subscription, Customer
will have on-demand access to TASER Instructor and TASER Master Instructor courses only for the duration of the
TASER Subscription Term. Axon will issue a maximum of ten (10) TASER Instructor vouchers and ten (10) TASER
Master Instructor vouchers for every thousand TASER subscriptions purchased. Customer shall utilize vouchers to
register for TASER courses at their discretion within one (1) year of issuance; however, Customer may incur a fee for
cancellations less than ten (10) business days prior to a course date or failure to appear to a registered course.
Vouchers have no cash value and cannot be exchanged for any other Axon Device or Services. Any unused
vouchers will be forfeited. A voucher does not include any travel or other expenses that might be incurred related to
attending a course.

IV. Technical Account Manager

1. Applicability. The following Technical Account Manager scope only applies to Device Technical Account
Managers. A separate SOW will be provided for any Software (SWS) TAM’s.
2. Axon Technical Account Manager Payment. Axon will invoice for Axon Technical Account Manager ("TAM")
services, as outlined in the Quote, when the TAM commences work on-site at Customer.
3. TAM Scope of Services. Customer’s Axon sales representative and Axon’s Customer Success team will work with
Customer to define its support needs and ensure the TAM has skills to align with those needs. There may be up to a
six (6) month waiting period before the TAM can work on-site, depending upon Customer’s needs and availability of
TAM.
TAM Scope of Services Matrix
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Availability
Works Onsite
Available by phone and email during regular business hours.

Account Maintenance
Conducting training on new features and devices for Customer
leadership team(s)
Thoroughly documenting issues and workflows and suggesting new
workflows to improve the effectiveness of the Axon program
Conducting weekly meetings to cover current issues and program
status
Quarterly business review and program goal discussion.
Data Analysis
Providing Axon usage data to identify trends and insights for
improving daily workflows
Comparing Customer's Axon usage and trends to peers to establish
best practices
Proactively monitoring the health of Axon equipment and
coordinating returns when needed
Direct Support
Providing Tier 1 and Tier 2 (as defined in Axon's Service Level
Agreement) technical support for Axon Devices
Creating and monitoring RMAs
Providing Axon app support
Monitoring and testing new firmware and workflows before they are
released to Customer’s production environment

Full Time TAM

Regional TAM*

Four (4) days per week

Up to three (3)
consecutive days per
quarter
Up to eight (8) hours per
week

✔
✔

✔

✔

✔

✔

✔

✔

✔Quarterly on-site visit

✔ On Demand

✔ Quarterly

✔

✔

✔

✔

✔

✔

✔

✔

✔
✔

Customer Advocacy
Coordinating bi-annual voice of customer meetings with Axon’s
Device Management team
Recording and tracking Customer feature requests and major bugs

✔

✔

✔

✔

Ongoing System Set-up and Configuration
Assisting with assigning cameras and registering docks
Maintaining Customer’s Axon Evidence account

✔

Connecting Customer to "Early Access" programs for new devices

✔
✔

*All work by Regional TAM to be performed remotely, except as noted under table. Customer must schedule the on-site days
at least two (2) weeks in advance.

4. TAM Leave Time. The TAM will be allowed up to seven (7) days of sick leave and up to fifteen (15) days of vacation
time each calendar year. The TAM will work with Customer to coordinate any time off and will provide Customer with at
least two (2) weeks’ notice before utilizing any vacation days.

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Miscellaneous Clauses Appendix
1. Axon Aid. Upon mutual agreement between Axon and Customer, Axon may provide certain products and
services to Customer as a charitable donation under the Axon Aid program. In such event, Customer expressly
waives and releases any and all claims, now known or hereafter known, against Axon and its officers, directors,
employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not
limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid
program whether arising out of the negligence of any Releasees or otherwise, and forever releases and discharges
all Releasees from liability under such claims. Customer expressly allows Axon to publicly announce its participation
in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause
immediately upon notice to the Customer.
2. Free Trial.
2.1. Trial Period and License. At any time during the Term, the Parties may agree to a free trial of Axon Devices
and Services new to the Customer (“Trial Products”) for a designated period (“Trial Period”) as reflected in
a quote (“Trial Quote”). During the Trial Period, Axon grants Customer a nonexclusive, non-transferable,
revocable license to use the Trial Products solely for Customer’s internal evaluation. Trial Products may
include Axon beta software or firmware and may be subject to additional terms. Axon may limit the number
of Trial Products and may supply refurbished Trial Products. ALL TRIAL PRODUCTS, ARE PROVIDED
“AS IS” AND TO THE EXTENT NOT PROHIBITED BY LAW, AXON DISCLAIMS ALL LIABILITY
REGARDLESS OF THE CLAIM.
2.2. Trial Quote Termination. Upon at least ten (10) business days’ prior written notice to Axon at any time prior
to the end of the Trial Period, Customer may, as its sole option, terminate the free Trial Period and
underlying Trial Quote associated with the Trial Products for convenience. Customer’s rights to the Trial
Products will immediately terminate at the end of the Trial Period, and Customer will return any Trial
Products hardware to Axon within ten (10) days after the effective date of such termination or expiration at
the end of the Trial Period. Customer will return all Trial Products (excluding used CEW cartridges) in good
working condition, minus normal wear and tear. If any individual component of the Trial Products is not
returned, Axon may invoice Customer the MSRP of any of the unreturned items or damaged Trial Products,
and Customer agrees to pay the invoice along with any applicable taxes and shipping. Axon may charge
Customer if there is damage beyond normal wear and tear. Any Customer Content shall be stored and
returned pursuant to the Software and Cloud Services Terms of Use Appendix.
Axon Event Offer Terms. If the Quote includes the provision of, or Axon otherwise offers, ticket(s), travel and/or
accommodation for select events hosted by Axon (“Axon Event”), the following terms and conditions shall
apply: 3.1. General. Subject to the terms and conditions specified below and those in the Agreement, Axon may
provide Customer with one or more offers to fund Axon Event ticket(s), travel and/or accommodation for
Customer-selected employee(s) to attend one or more Axon Events. By entering into the Agreement,
Customer warrants that it is appropriate and permissible for Customer to receive the referenced Axon Event
offer(s) based on Customer’s understanding of the terms and conditions outlined in this Axon Event Offer
Appendix.
3.

3.2. Attendee/Employee Selection. Customer shall have sole and absolute discretion to select the Customer
employee(s) eligible to receive the ticket(s), travel and/or accommodation that is the subject of any Axon
Event offer(s).
3.3. Compliance. It is the intent of Axon that any and all Axon Event offers comply with all applicable laws,
regulations and ethics rules regarding contributions, including gifts and donations. Axon’s provision of
ticket(s), travel and/or accommodation for the applicable Axon Event to Customer is intended for the use and
benefit of Customer in furtherance of its goals, and not the personal use or benefit of any official or employee
of Customer. Axon makes this offer without seeking promises or favoritism for Axon in any bidding
arrangements. Further, no exclusivity will be expected by either party in consideration for the offer. Axon
makes the offer with the understanding that it will not, as a result of such offer, be prohibited from any
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Master Services and Purchasing Agreement
procurement opportunities or be subject to any reporting requirements. If Customer’s local jurisdiction
requires Customer to report or disclose the fair market value of the benefits provided by Axon, Customer
shall promptly contact Axon to obtain such information, and Axon shall provide the information necessary to
facilitate Customer's compliance with such reporting requirements.
3.4. Assignability. Customer may not sell, transfer, or assign Axon Event ticket(s), travel and/or accommodation
provided under the Agreement.
3.5. Availability. The provision of all offers of Axon Event ticket(s), travel and/or accommodation is subject to
availability of funds and resources. Axon has no obligation to provide Axon Event ticket(s), travel and/or
accommodation.
3.6. Revocation of Offer. Axon reserves the right at any time to rescind the offer of Axon Event ticket(s), travel
and/or accommodation to Customer if Customer or its selected employees fail to meet the prescribed
conditions or if changes in circumstances render the provision of such benefits impractical, inadvisable, or in
violation of any applicable laws, regulations, and ethics rules regarding contributions, including gifts and
donations.

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Page 29

RESOLUTION NO. 153-26

R ESOLUTI ON AP P R OVI NG A 10-YEAR M ASTER SER VI CES AND P UR CHASI NG
AGR EEM ENT W I TH AXON ENTER P R I SES, I NC. FOR BODY-W OR N AND FLEET
CAM ER A SYSTEM S
WHEREAS, the Charles City Police Department utilizes body-worn and fleet
cameras to support its officers in carrying out their law enforcement duties; and
WHEREAS, Axon Enterprise, Inc. provides body-worn and fleet camera
equipment, software, and related services for law enforcement agencies; and
WHEREAS, the City has reviewed options for continuing these services and has
determined that entering into a 10-year Master Services and Purchasing Agreement
with Axon Enterprise, Inc. is in the best interest of the City; and
WHEREAS, the proposed agreement provides for the continued use of body-worn
and fleet camera systems and associated equipment, software, and services over a 10year term; and
WHEREAS, the annual cost of the proposed agreement is $45,507.00, which is
within the Police Department's budgeted amount of $48,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CHARLES CITY, IOWA:
SECTION 1. That the 10-year Master Services and Purchasing Agreement with
Axon Enterprise, Inc. for body-worn and fleet camera systems is
hereby approved.
SECTION 2. That the Mayor and City Clerk are hereby authorized to execute the
agreement and any necessary related documents on behalf of the
City of Charles City.
COUNCIL MEMBER

moved for the adoption of the foregoing Resolution;

COUNCIL MEMBER
as follows:

seconded the motion and on roll call the voting was

AYES:
NAYS: None
Passed and approved this 16th day of November, 2026.

Dean Andrews, Mayor
Attest:

Brittney Lentz, City Clerk

____

MEETING DATE: 16 November 2026

AGENDA ITEM SUMMARY
Subject: Res 160-26 Proposed change to City Traffic Code
____________________________________________________________________
Background Summary: - Chief Anderson
There have been three stop signs erected on Lane Street with changes made at
North Main Street and North Iowa Street. These changes need to be recorded
in the City Traffic Code. They are as follows:
SPECIAL STOPS REQUIRED. (Section)
23.

LANE STREET. Vehicles coming off of North Main Street must stop at the Y-intersection of
Lane Street.

24.

LANE STREET. Vehicles approaching North Iowa Street on Lane Street must stop

25.

NORTH IOWA STREET. Vehicles approaching Lane Street on North Iowa Street must stop.

RESOLUTION NO. 160-26

RESOLUTION AMENDING RESOLUTION NO. 35-92 THE OFFICIAL TRAFFIC
CONTROL LISTING FOR THE CITY OF CHARLES CITY
WHEREAS, the Official Traffic Control Listing has been adopted according
to City Code, Chapter 61, Section 61.01; and
WHEREAS, three stop signs have been installed at intersections involving
Lane Street, North Main Street, and North Iowa Street to improve traffic safety,
and it is necessary to update the Official Traffic Control Listing to reflect these
changes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Charles City, Iowa, meeting in regular session on this 16th day of November,
2026, that the Official Traffic Control Listing is amended by the following
additions:
SPECIAL STOPS REQUIRED
Add 23.
LANE STREET. Vehicles coming off of North Main Street
must stop at the Y-intersection of Lane Street.
Add 24.
LANE STREET. Vehicles approaching North Iowa Street on
Lane Street must stop.
Add 25.
NORTH IOWA STREET. Vehicles approaching Lane Street on
North Iowa Street must stop.
BE IT FURTHER RESOLVED, that all other provisions of Resolution No. 3592, as previously amended, shall remain in full force and effect.
COUNCIL MEMBER
Resolution;

moved for the adoption of the foregoing

COUNCIL MEMBER
the voting was as follows:

seconded the motion to adopt, and on roll call

AYES:
NAYS:
Passed and approved this 16th day of November, 2026.

Dean Andrews, Mayor
Attest:

Brittney Lentz, City Clerk

_____

MEETING DATE: 11/16/2026

AGENDA ITEM SUMMARY

Subject: Resolution No. 161-26 CDBG Contract with IEDA for Well No. 9
Resolution No. 162-26 Grant Admin Agreement with NIACOG for CDBG
Motion Approving CDBG Admin Policies, Certs, Appts, etc.
__________________________________________________________________________
Background Summary:
The Iowa Economic Development Authority (IEDA) has awarded the City of Charles City $500,000
in Community Development Block Grant (CDBG) funding for the Well No. 9 Project. The project
includes drilling a new well, installing associated piping, pump, motor, and controls, constructing a
well building, installing a generator, and completing related improvements.
The total project budget is $1,507,000, consisting of $500,000 in CDBG funding and $1,007,000 in
local funding. Of the CDBG award, $470,000 is designated for well improvements and $30,000 for
grant administration.
There are three items requiring Council approval to move forward with the grant:
CDBG Contract with IEDA – Resolution No. 161-26
IEDA has already awarded the City the $500,000 CDBG grant. Council is being asked to
approve the grant contract, which outlines the requirements and conditions associated with
the funding, and authorize the Mayor to sign the agreement.
NIACOG Grant Administration Agreement – Resolution No. 162-26
NIACOG will assist the City with administering the CDBG grant, including reporting,
environmental review, compliance requirements, and project closeout. The agreement is for
an amount not to exceed $30,000, which is included in the grant funding.
Council is being asked to approve the agreement and authorize the Mayor to sign once
IEDA completes the required approval and contractor clearance process.
CDBG Administrative Policies and Authorizations – Motion
As part of the CDBG grant requirements, the City must also approve several administrative
policies, certifications, appointments, and signature authorizations. These documents
establish the City's responsibilities for complying with federal grant requirements and
designate individuals authorized to carry out certain grant administration duties.
Council is being asked to approve these documents together under one motion. Following
approval, the necessary documents will be signed and submitted as part of the CDBG grant
administration process.

Staff Recommendation:
Staff recommends approval of Resolution No. 161-26 approving the CDBG contract with IEDA for the
Well No. 9 Project; Resolution No. 162-26 approving the grant administration agreement with
NIACOG at a cost not to exceed $30,000, with execution following the required IEDA approval and
contractor clearance; and a motion approving the CDBG administrative policies, certifications,
appointments, and signature authorizations as presented.

IOWA ECONOMIC DEVELOPMENT AUTHORITY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
CONTRACT
RECIPIENT:
CONTRACT NUMBER:
EFFECTIVE DATE:
AWARD AMOUNT:
END DATE:

Charles City
26-WS-019
September 23, 2026
$500,000
September 24, 2029

This Community Development Block Grant ("CDBG") contract is made by and between the Iowa Economic
Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315 ("Authority") and the "Recipient" effective as of
the Effective Date stated above.
WHEREAS, the Authority is designated to receive, administer, and disburse CDBG funds; and
WHEREAS, the Authority desires to disburse CDBG Funds to the Recipient for eligible purposes primarily benefiting
low- and moderate-income persons, eliminating slums and blight, or meeting community development needs having particular
urgency; and
WHEREAS, the Recipient has certified to the Authority that the primary purpose for obtaining CDBG funds is to
primarily benefit low- and moderate-income persons, eliminate slums and blight, or meet community development needs
having a particular urgency;
NOW, THEREFORE, the Recipient accepts this grant upon the terms and conditions set forth in this Contract. In
consideration of the mutual promises contained in this Contract and other good and valuable consideration, it is agreed as
follows:
ARTICLE 1
DEFINITIONS
As used in this contract, the following terms shall apply:
ACT. "Act" means Title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. 5301 et
1.1
seq.) and the regulations now or hereafter promulgated thereunder and the guidance now or hereafter disseminated with
respect thereto.
ACTIVITY. "Activity" means the description of eligible work, services, and other accomplishments to be completed
1.2
by the Recipient, as authorized by Section 105 of the "Act" and as further defined in 24 CFR 570.482, as revised April 1, 1997,
or otherwise authorized by HUD through subsequent guidance or Federal Register Notices. Activities are line items in the
budget and are found in the line items in the Recipient's "Budget Activity" in Attachment B to this contract.
1.3
ALLOWABLE COSTS. "Allowable Costs" are those costs which are identified in the "Budget Activity" in Attachment
B to this Contract, and consistent with Federal regulations and guidelines applicable to the CDBG program.
1.4

BUDGET. "Budget" means the "Budget Activity" as found in Attachment B to this Contract.

1.5
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG). "Community Development Block Grant
Program" means the grant program authorized by Title I of the Housing and Community Development Act of 1974, as
amended.
1.6
CONTRACT. "Contract" means this Contract and all the notes, leases, assignments, mortgages, and similar
documents referred to in the Contract and all other instruments or documents executed by the Recipient or otherwise required
in connection with the Contract.
1.7
END DATE. "End Date" means the date the Contract ceases to be in force and effect. The Contract expires upon
the occurrence of one of the following: a) the Recipient fulfills the conditions and Activity agreed to herein as of the end date
stated above; or b) the Contract is terminated by the Authority due to any default under Article 10.1; or c) the Contract is
terminated in accordance with provisions set forth in Sections 8 and 9 of the General Provisions, Attachment A of this
Contract.
1.8
FAIR MARKET VALUE. "Fair Market Value" means a value based upon the fair market value of the property to be
acquired.

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Contract Number: 26-WS-019
Page 2 of 18

1.9

GRANT. "Grant" means the award of CDBG funds to the Recipient for Activity.

1.10

HUD. "HUD" means the U.S. Department of Housing and Urban Development.

1.11
IOWAGRANTS.GOV. "IowaGrants.gov" means Iowa's Funding Opportunity Search and Grant Management
System. This system is used for the administration of the CDBG program. The Authority reserves the right to require the
Recipient to utilize IowaGrants.gov to conduct business associated with this contract.
1.12
LOW- AND MODERATE-INCOME PERSONS. " Low- and Moderate-Income Persons" means those families and
individuals whose income does not exceed 80 percent of the median income of the area involved in an activity funded through
this contract, as determined by HUD.
1.13
PROGRAM. "Program" means the Community Development Block Grant Program ("CDBG") authorized by Title 1 of
the Housing and Community Development Act of 1974, Public Law 93-383, codified at 42 U.S.C. ss 5301-5321 (et seq.), as
amended, relevant preceding notices, HUD approved Certifications and the Program Policies and Procedures Manual.
1.14

PROGRAM INCOME. "Program Income" means the same as defined in 24 CFR 570.500.

1.15
PROGRAM RULES. "Program Rules" means the Act, as modified by the Housing and Community Development Act
of 1974 and the regulations now or hereafter promulgated thereunder, including, but not limited to 24 CFR Part 570, and the
guidance now or hereafter disseminated with respect thereto, any additional HUD Notices or other guidance that may be
disseminated, HUD approved Certifications, and the Program Policies and Procedures Manual.
1.16
RECIPIENT. "Recipient" means the entity identified above that has been selected to receive Program funds to
undertake the funded Activity and agrees to comply with all applicable CDBG requirements, including those found in Title I of
the Housing and Community Development Act of 1974 (42 USC 5302 et seq.), the CDBG program regulations at 24 CFR part
570, the applicable HUD approved Certifications, and the Program Policies and Procedures Manual. For purposes of this
agreement the "Recipient" shall also be considered to meet the definition and qualifications as a "Subrecipient" as defined in 2
CFR 200.93 and 2 CFR 200.330 and agrees to receive this "Subaward" as defined in 2 CFR 200.92.
1.17
SPECIAL FLOOD HAZARD AREA. "Special Flood Hazard Area" means an area designated as a special hazard
flood area on the most recent National Flood Insurance Program map for such said area.
1.18
SUBRECIPIENT. "Subrecipient" means the entity selected by the Recipient to receive Program funds to undertake
an activity that complies with all applicable CDBG requirements, including those found in Title I of the Housing and Community
Development Act of 1974 (42 USC 5302 et seq.), the CDBG program regulations at 24 CFR part 570, the applicable HUD
approved Certifications, and the Program Policies and Procedures Manual and meets the definition and qualifications as a
"Subrecipient" as defined in 2 CFR 200.93 and 2 CFR 200.330 and agrees to receive this "Subaward" as defined in 2 CFR
200.92.
1.19
TERM OF AFFORDABILITY. (For Housing Projects Only) "Term of Affordability" means the period of time during
which the housing assisted through an eligible activity funded through this contract is rent-restricted, or the occupants of such
housing are income- qualified as set forth in CDBG Management Guide.
ARTICLE 2
FUNDING
2.1

FUNDING SOURCE. The source of funding for the Grant is a Federal appropriation for the CDBG Program.

2.2
RECEIPT OF FUNDS. All payments under this Contract are subject to receipt by the Authority of sufficient Federal
funds for the Program. Any termination, reduction or delay of Program funds to the Authority shall, at the option of the
Authority, result in the termination, reduction, or delay of Program funds to the Recipient.
2.3
PRIOR COSTS. If any Recipient has received approval from the Authority to incur certain costs prior to the Effective
Date of this Contract, then said approval and the terms and conditions therein are incorporated herein and made a part of this
Contract by this reference as if fully set forth, shall be reimbursed. Any such costs incurred prior to the Effective Date of this
Contract are subject to the Special Conditions and General Conditions of this Contract.
2.4
DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT. If the total award amount has not been
requested by the Recipient within thirty (30) days prior to the End Date, then the Authority shall be under no obligation for
further disbursement. The Authority may allow access to funds after this time for allowable costs associated with the conduct
of the audits required in Article 2.0 of the General Provisions, Attachment A to this Contract.

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Contract Number: 26-WS-019
Page 3 of 18

2.5
LIMIT ON GRANT PROCEEDS ON HAND. The Recipient shall request Activity funds only as needed and shall not
have more than five hundred dollars ($500.00) of Grant proceeds, including earned interest, on hand for a period of longer
than ten (10) working days, after which time any surplus amount shall be returned to the Authority.
ARTICLE 3
TERMS OF GRANT
3.1
TIME OF PERFORMANCE. The services of the Recipient are to commence as of the Effective Date and shall be
undertaken in such a manner as to assure their expeditious completion, as cited in the Recipients Application, also included in
Attachment B. All the services required hereunder shall be completed on or before the End Date.
3.2
MAXIMUM PAYMENTS. It is expressly understood and agreed that the maximum amounts to be paid to the
Recipient by the Authority for any item of work or service shall conform to the "Budget Activity" as found in Attachment B to
this Contract. It is further understood and agreed that the total of all payments to the Recipient by the Authority for all work and
services required under this Contract shall not exceed the Award Amount unless modified by written amendment of this
Contract as provided for in Section 1.0 of the General Provisions, Attachment A.
3.3
ADMINISTRATION. This Contract shall be administered in accordance with all applicable State and Federal laws
and regulations now in effect and as may be amended from time to time, and including the Program Policies and Procedures
Manual and the Iowa Community Development Block Grant Management Guide as which may be amended or changed from
time to time, and which can be accessed on the Authority's website, to the extent applicable to the Program and not in conflict
with the Program Rules.
3.4
LOCAL MATCH REQUIREMENTS. The Recipient agrees to provide other funds to the Activity as defined as
"Sources of local funding" shown in the "Budget Activity" as found on Attachment B to this Contract. Expenditures exceeding
the award amount and necessary to complete the statement of work and services shall be paid with local/other funds. Reports
of the local funds expended shall be included in the Request for Payment/Activity Status Report specified in Article 9.1 (b),
"Reports". The Authority may agree to allow a delay in the contribution of local matching funds. When a delay is allowed, the
delay shall be until the specified date or until two-thirds of the grant amount has been drawn down, whichever comes first at
which time no further Federal funds may be drawn down until sufficient local cash has been expended to attain the ratio of
Federal funds specified for the Activity.

ARTICLE 4
PERFORMANCE TARGET ACHIEVEMENT
4.1
PERFORMANCE TARGETS. By the End Date, the Recipient shall have accomplished the activities and
performance targets as described in the "Budget Activity", and as further elaborated in the Application, as approved by the
Authority.
4.2
DETERMINATION OF CONTRACT PERFORMANCE. The Authority has the final authority to assess whether the
Recipient has met their performance targets by the End Date. The Authority shall determine completion according to the
performance targets set forth in the "Budget Activity". The Authority reserves the right to monitor and measure at any time
during and after the Contract term the achievement of the performance targets.

ARTICLE 5
ADDITIONAL DOCUMENTS
ARTICLE 6
USE OF FUNDS
GENERAL. The Recipient shall perform in a satisfactory and proper manner, as determined by the Authority, the work
activities and services as written and described in the Recipient's approved "Budget Activity" as found in Attachment B to this
Contract.
6.1
PROGRAM INCOME. Unless otherwise agreed to in a signed amendment to this Contract, proceeds generated
from the use of CDBG funds are considered program income when the total amount of any CDBG program income received
by the Recipient in a fiscal year exceeds $35,000, at which time the entire $35,000 and excess are considered program
income. Program income received by the Recipient shall be returned to the Authority.

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Page 4 of 18

6.3
BUDGET REVISIONS. Budget revisions shall be subject to approval of the Authority through the Contract
amendment process. Budget revisions shall be compatible with the terms of this Contract and be of such a nature as to qualify
as an allowable cost. Budget revisions requested during the final ninety (90) days of the Contract period will be approved by
the Authority only if it determines that the revisions are necessary to complete all activities. The Authority retains the right to
amend this contract to reduce the award amount when necessary to achieve an equitable distribution of funds for all areas of
the state.
6.4
PROHIBITION ON USE OF FUNDS. No funds provided under this Contract may be used solely for the purchase of
equipment or other personal property. Owner acknowledges that Iowa Code section 19.2 prohibits the Authority from
expending any moneys appropriated by the general assembly or any other moneys derived from any other source to establish,
sustain, support or staff a "diversity, equity, and inclusion office," or to contract, employ, engage, or hire an individual to serve
as a "diversity, equity, and inclusion officer," as those terms are defined in Iowa Code section 19.1. Owner agrees and
covenants that it will comply with Iowa Code, section 19.2 and will not use any monies received from the Authority under this
Contract for any purpose in contravention of section 19.2. In the event Owner is found to knowingly be in violation of this
provision, Owner may be required, at the discretion of the Authority, to return all or a portion of the funds received under this
Contract, as well as be subject to all other applicable penalties provided by law.
6.5
USE OF FUNDS FOR MATCH. The funds provided under this Contract may be used as matching requirement,
share or contribution for any other Federal program when used to carry out an eligible CDBG activity as authorized by HUD.
6.6
ADMINISTRATIVE COST LIMITATIONS. Federal funds used for reasonable administrative costs, as allowed under
Federal and State regulations, shall be limited as specified in Attachment B to this Contract.
6.7

[Reserved]

6.8
COMPLIANCE WITH PROGRAM RULES. All activities conducted and services performed pursuant to this contract
shall be conducted and performed in compliance with the Program Rules.
6.9

[Reserved]

6.10
FEDERAL FLOOD RISK MANAGEMENT STANDARD FLOODPLAINS. No funds under this Activity shall be
expended with respect to property located in a Federal Flood Risk Management Standard floodplain or equivalent in FEMA's
most recent and current data source unless it also ensures that the action is designed or modified to minimize harm to or
within the floodplain accordance with Executive Order 11988 and 24 CFR part 55.
6.11

[Reserved]

6.12
RECAPTURED FUNDS. Recaptured funds are funds recaptured by the recipient when a housing unit assisted by
CDBG funds does not continue to be the principal residence of the assisted homebuyer (i.e., is sold or transferred) for the full
Term of Affordability. Recipient will repay all recaptured funds back to the Authority.
6.13
COST VARIATION. Recipient will inform the Authority of total cost variations. In the event that the total Activity is
less than the amount specified in the Contract and Attachment B to this Contract, the Authority may reduce the amount of
CDBG participation at the same ratio to the total Activity cost reduction. The Authority may require the Recipient to return
funds should the amount of disbursed funds exceed the reduced CDBG participation amount.

ARTICLE 7
CONDITIONS TO DISBURSEMENT OF FUNDS
Unless and until the following conditions have been satisfied, the Authority shall be under no obligation to disburse to the
Recipient any amounts under this Contract:
7.1

CONTRACT EXECUTED. The Contract shall have been properly executed and, where required, acknowledged.

7.2
COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC PRESERVATION REQUIREMENTS. Funds shall not be
released under this Contract for non-exempt activities until the Recipient has satisfied the environmental review and release of
funds requirements set forth in 24 CFR Part 58, "Environmental Review Procedures for the Community Development Block
Grant Program" and summarized in the Iowa Community Development Block Grant Management Guide, each to the extent
applicable to the Program and not in conflict with the Program Rules. In addition, construction contracts for non-exempt
activities shall not be executed and construction shall not begin prior to providing the Authority with documentation of the
Recipient's compliance with Section 106 of the National Historic Preservation Act and 36 CFR Part 800, "Protection of Historic

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Contract Number: 26-WS-019
Page 5 of 18

Properties." The Recipient shall comply with any Programmatic Agreement between the Iowa Economic Development
Authority and the Iowa State Historic Preservation Office, applicable to any activities included in this contract.
7.3
FINANCIAL COMMITMENTS. The Recipient shall have submitted a firm written commitment from each source of
funds to the Activity identified in the "Budget Activity" as found in Attachment B attached to this contract. Each commitment
shall include the amount, terms, estimated time of contributions, and conditions of the financial commitment, as well as any
schedules. These commitments must be in a form and amount acceptable to the Authority.
7.4
PERMITS AND LICENSES. The Authority reserves the right to withhold funds until the Authority has reviewed and
approved all material, such as permits or licenses from other state or Federal agencies, which may be required prior to Activity
commencement.
7.5
EXCESSIVE FORCE POLICY. The Authority, prior to release of funds under this Contract, shall review and approve
the Recipient's policy on protecting individuals engaged in nonviolent civil rights demonstrations from the use of excessive
force by law enforcement agencies within its jurisdiction, and enforcing state and local laws against physically barring entrance
to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction,
consistent with the provisions of Section 906 of the National Affordable Housing Act of 1990 and Subsection 104(1) of the
Housing and Community Development Act of 1974, as amended.
7.6
RESIDENTIAL ANTI/DISPLACEMENT AND RELOCATION ASSISTANCE PLAN APPROVAL. The Authority, prior
to release of funds under this Contract, shall review and approve the Recipient's Residential Anti/Displacement and Relocation
Assistance Plan, consistent with the requirements of Section 104(d) of the Housing and Community Development Act of 1974,
as amended.
7.7
CONDITIONS TO DISBURSEMENT FOR A SPECIFIC ACTIVITY. For each activity included in this grant as
identified in the "Budget Activity" found in Attachment B to this Contract, the Recipient shall comply with the corresponding
applicable conditions noted in Attachment B to release of funds for that activity.
7.8
CODE OF CONDUCT. The Authority, prior to release of funds under this Contract, shall review and approve the
Recipient's code of conduct, consistent with 2 CFR 200.318.

ARTICLE 8
REPRESENTATIONS AND WARRANTIES OF RECIPIENT
8.1
AUTHORITY. The Recipient is duly authorized and empowered to execute and deliver the Contract and has full
power and authority to perform its obligations under this Contract. All required actions on the Recipient's part, such as
appropriate resolution of its governing board for the execution and delivery of the Contract, have been effectively taken.
8.2
FINANCIAL INFORMATION. All financial statements and related materials concerning the Activity provided to the
Authority are true and correct in all material respects and completely and accurately represent the subject matter thereof as of
the Effective Date of the statements and related materials, and no material adverse change has occurred since that date.
8.3
CLAIMS AND PROCEEDINGS. No litigation, demand, investigation, claim or proceeding against the Recipient or
any affiliate of the Recipient or any other litigation or proceeding directly affecting the Activity is pending or, to the best
knowledge of the Recipient, threatened, before any court, administrative agency or other Governmental Authority that would, if
adversely determined, have a material adverse effect on the Recipient or the construction, use and operation of the Activity.
The Recipient and its Activity Team shall promptly notify the Authority of the initiation of any claims, lawsuits or proceedings
brought against the Recipient or any affiliate of the Recipient.
8.4
DEFAULT. No default by the Recipient or any affiliate thereof having any relationship with the Activity has occurred
or is continuing (nor has there occurred any continuing event which, with the giving of notice or the passage of time or both,
would constitute such a default in any material respect) under any of the financing documents for the Activity or other
documents or instruments governing the development, use, occupancy and operation of the Activity.
8.5
PRIOR AGREEMENTS. The Recipient has not entered into any verbal or written contracts, agreements, or
arrangements of any kind which are inconsistent with the Contract.
8.6
CERTIFICATES, PERMITS AND LICENSES. All material building, zoning, health, safety, business and other
applicable certificates, permits and licenses necessary to permit the construction, use, occupancy and operation of the Activity
have been or will, at the time required, be obtained and maintained (other than, prior to completion of construction of the
Activity or a specified portion thereof, such as are issuable only upon completion of construction or such specified portion

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thereof); and the Recipient has not received any notice or has any knowledge of any violation with respect to the Activity of
any law, rule, regulation, order or decree of any Governmental Authority having jurisdiction which would have a material
adverse effect on the Activity or the construction, use or occupancy thereof, except for violations which have been cured or
can be cured within any applicable cure period, and are in the process of being cured, and notices or citations which have
been withdrawn or set aside by the issuing agency or by an order of a court of competent jurisdiction.
8.7
APPLICATION. The contents of the Application the Recipient submitted to the Authority for funding is a complete
and accurate representation of the Activity as of the date of submission and there has been no material adverse change in the
organization, operation, or key personnel of the Recipient since the date of the Recipient submitted its Application to the
Authority.
8.8
EFFECTIVE DATE. The covenants, warranties, and representation of this Article are made as of the Effective Date
of this contract and shall be deemed to be renewed and restated by the Recipient at the time of each request for
reimbursement.
8.9
DEBARMENT. The Recipient shall not award a contract to or fund any person or entity or affiliate thereof that has
been debarred, suspended, proposed for debarment, or place on ineligibility status by HUD.
8.10
LOBBYING. No federal appropriated funds have been paid or will be paid by or on behalf of the Recipient, to any
Person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with 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/or the
extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.
8.11
ANTI-CORRUPTION. No funds have been paid, by or on behalf of the Recipient, for influencing or attempting to
influence an officer or employee of a Member of Congress in connection with a federal contract, grant, loan and/or cooperative
agreement benefiting the Recipient. To the best knowledge of the Recipient, the Recipient has complied with all restrictions,
certifications and disclosure requirements contained in the Byrd amendment to the fiscal 1990 appropriations measures for the
United States Department of the Interior (P.L. 101-121) and with any guidelines and rules issued by any federal entity in
connection therewith, if applicable.
8.12
MONEY LAUNDERING. The Recipient and all affiliate thereof have not engaged and shall not engage in any act or
omission that would violate anti-money-laundering laws, including but not limited to 18 USC § 1956; have complied or will
comply with requirements for instituting an anti-money laundering compliance program required under 31 USC § 5318(h) and
applicable to all “financial institutions” as defined in 31 USC § 5312(a)(2); and have instituted or will institute policies and
procedures and use commercially reasonable due diligence to identify and report Suspicious Transactions to relevant U.S.
Government officials. “Suspicious Transactions” that may require reporting include, but are not limited to, (i) individual or
related transactions in which a third-party provides payment in U.S. or foreign currency in excess of $10,000 that may require
reporting under 31 USC § 5331 and 26 USC § 6050I; (ii) any transaction where the Recipient or any affiliate thereof knows,
suspects, or has reason to know that the transaction (A) is for an illegal purpose, including but not limited to money laundering;
(B) is otherwise an attempt to disguise funds derived from illegal activity or evade reporting requirements under U.S. law; or
(C) is suspicious because the transaction appears to serve no business or lawful purpose.

ARTICLE 9
COVENANTS OF THE RECIPIENT
9.1
AFFIRMATIVE COVENANTS. Until the Activity has been closed out, audited, and approved by the Authority, the
Recipient covenants with the Authority that:
(a).
Activity work and services. The Recipient shall perform the work and services described in Attachment B by the
End Date.
(b).
General reports. The Recipient shall submit to the Authority any and all financial and performance reports that
the Authority deems necessary to comply with the Program Rules, as the same may be amended from time to time. The
Recipient acknowledges that HUD may impose additional reporting requirements upon the Authority and/or upon recipients of
CDBG Funds and agrees to comply with all such requirements on a timely and complete basis.
(c).
Claims. The Recipient shall review all Requests for Payment and verify that claimed expenditures are allowable
costs. The Recipient shall maintain documentation adequate to support the claimed costs. Recipient shall submit its first
request for payment for an eligible CDBG Activity within 6 months after execution of this Contract. After the Recipient has
submitted its first request for payment for an eligible CDBG Activity, the Recipient shall continue to submit requests for

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payment at least every 90 days for each Activity. CDBG funds will be released on a reimbursement basis.
(d).
Specific reports. The Recipient shall prepare, review and sign the requests and reports as specified below in the
form and content specified by the Authority:
Claim/ request for reimbursement
Activity status reports
Section 3 report, if applicable
Updates to the Applicant/Recipient Disclosure Report
(HUD Disclosure Form 2880)
Final claim/ request for reimbursement
Form 3-D, Final Accomplishments, & Equal Opportunity
data
Audit Report
Single Audit Form
Other reports as required by rule or requested by the
Authority

At least every 90 days
At least every 90 days
Annually
As needed due to changes
Within 30 days prior to End Date
Within 30 days prior to End Date
Within 30 days of receipt
Within 30 days of End Date
As needed

(e). Records. The Recipient shall maintain all records required by Federal regulations specified in 24 CFR 570.506 that
are pertinent to the Activity funded under the Contract. Such records shall include but are not limited to:
(i). Records providing a full description of each Activity undertaken under this Contract.
(ii). Records demonstrating that each program activity undertaken meets a National Objective under the CDBG
program.
(iii). Records to determine the eligibility of each Activity.
(iv). Records required to document the acquisition, improvement, use or disposition of real property acquired or
improved with CDBG assistance
(v). Records documenting compliance with § 570.503(b)(7) or § 570.505 regarding any change of use of real property
acquired or improved with CDBG assistance. As well as records which demonstrate compliance with the requirements in §
570.606 regarding acquisition, displacement, relocation, and replacement housing. And all fair housing and equal opportunity
records.
(vi). Financial records as required by 24 CFR 570.502 and 2 CFR 200
(vii). Any other records necessary to document compliance with Subpart K of 24 CFR 570.
Recipient will maintain these materials for a minimum of three (3) years beyond the date upon which the Authority's grant
with HUD is closed. Records shall be retained beyond the prescribed period if any litigation or audit is begun or if a claim is
instituted involving the grant or agreement covered by the records. In these instances, the records shall be retained until the
litigation, audit or claim has been finally resolved.
(f). Access to records. The Authority reserves the right to inspect and gain access to any and all additional documents
which are related to the CDBG Funds in the sole discretion of the Authority.
(g). Use of grant funds. The Recipient shall expend funds received under the Contract only for the purposes and activities
described in Attachment B of this contract, and as approved by the Authority.
(h). Documentation of project costs. The Recipient shall deliver to the Authority, upon request, (i) copies of all contracts
or agreements relating to the Activity, (ii) invoices, receipts, statements or vouchers relating to the Activity, (iii) a list of all
unpaid bills for labor and materials in connection with the Activity, and (iv) budgets and revisions showing estimated Activity
costs and funds required at any given time to complete and pay for the Activity.
(i). Notice of proceedings. The Recipient shall promptly notify the Authority of the initiation of any claims, lawsuits or
proceedings brought against the Recipient.
(j). Notice to Authority required. The Recipient shall notify the Authority of any material alteration in the Activity, initiation
of any investigation or proceeding involving the Activity, or any other similar occurrence.
(k). Certifications. The Recipient certifies and assures that the Activity will be conducted and administered in compliance
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with all applicable Federal and State laws, regulations, and orders. Certain statutes are expressly made applicable to activities
assisted under the Act by the Act itself, while other laws not referred to in the Act may be applicable to such activities by their
own terms. The Recipient certifies and assures compliance with the applicable orders, laws and implementing regulations,
including but not limited to, the following, as modified by the waivers and alternative requirements contained in the Program
Rules:
(i) Financial Management guidelines issued by the U.S. Office of Management and Budget, including, but not limited to,
OMB Circular A-133 (“Single Audit Act Amendment of 1996”), OMB Circular A-122 (“Cost Principles for Nonprofit
Organizations”), OMB Circular A-87 (“Principles for Determining Cost Applicable to Grants and Contracts with State, Local and
Federally recognized Indian Tribal Governments”), and 2 CFR part 200, subpart E.
(ii) Title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. 5301 et seq.), and
regulations which implement these laws.
(iii)

[Reserved]

(iv) Title VI of the Civil Rights Act of 1964 as amended (Public Law 88-352; 42 U.S.C. 2000d et seq.): Title VIII of the
Civil Rights Act of 1968 as amended (Public Law 90-284; 42 U.S.C. 3601 et seq.); the Iowa Civil Rights Act of 1965; Chapter
19B.7, Code of Iowa, and Iowa Executive Order #34, dated July 22, 1988; Iowa Code Chapter 216, Presidential Executive
Order 11063, as amended by Executive Order 12259; Presidential Executive Order 11246, as amended by Presidential
Executive Order 11375; Section 504 of the Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. 794); the Age
Discrimination Act of 1975 as amended (42 U.S.C. 6101 et seq.); the Americans with Disabilities Act, as applicable, (P. L. 101336, 42 U.S.C. 12101-12213); and related Civil Rights and Equal Opportunity statutes: and regulations which implement these
laws.
(v) Fair Housing Act, Public Law 90-284. The Public Fair Housing Act is part of Title VIII of the Civil Rights Act of 1968
as amended (42 U.S.C. 3601 et seq.): Section 109 of the Title I of the Housing and Community Development Act of 1974, as
amended; Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. 1701u): and regulations
which implement these laws.
(vi) Department of Housing and Urban Development regulations governing the CDBG program, 24 CFR 570, including
all Federal law and regulations described in 24 CFR 570, subpart K.
(vii) Section 102 of the Department of Housing and Urban Development Reform Act of 1989 (PL 101235) and
implementing regulation.
(viii) Requirements for the Notification, Evaluation, and Reduction of Lead-Based Paint Hazards in Federally Owned
Residential Property and Housing Receiving Federal Assistance; Final Rule (24 CFR Part 35, et al.); Lead Based Paint
Poisoning Prevention Act (42 U.S.C. 4821 -4846), as amended, and implementing regulations.
(ix) Davis-Bacon Act, as amended (40 U.S.C. 276a - 276a-5), where applicable under Section 110 of the Housing and
Community Development Act of 1974, as amended; Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.);
the Copeland Anti-Kickback Act (18 U.S.C. 874); and regulations which implement these laws.
(x) National Environmental Policy Act of 1969 and implementing regulations.
(xi) Clean Air and Water Acts (for all contracts over $100,000)
• Section 306 of the Clean Air Acts (42 USC 1857(h))
• Section 508 of the Clean Water Acts (33 USC 1368)
• Executive Order 1178
(xii) Code of Iowa chapter 8A.315-317 and Iowa Administrative Code chapter 11-117.6(5) Recycled Product and
Content.
(xiii) Age Discrimination Act of 1975 (42 USC 1601 et seq).
(xiv) Americans with Disabilities Act (PM 101-336, 42 USC 12101-12213).
(xv) National Historic Preservation Act of 1966, as amended (16 USC 70) and the procedures set forth in 36 CFR Part
800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the
Activity.

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(xvi) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (URA)(42 U.S.C.
4601 - 4655) and implementing regulations; Section 104(d) of the Housing and Community Development Act of 1974, as
amended, governing the residential anti displacement and relocation assistance plan; Section 105(a)(11) of the Housing and
Community Development Act of 1974, as amended, governing optional relocation assistance.
(xvii) Administrative rules adopted by the Authority, 261 Iowa Administrative Code, Chapter 23.
(xviii) Iowa Civil Rights Act of 1965, Chapter 216.
(xix) Iowa Code Section ss 19B.7.
(xx) Financial and Program Management guidelines issued by the Iowa Economic Development Authority: the Iowa
CDBG Management Guide, to the extent applicable to the Program and not in conflict with the Program Rules.
(xxi) Government wide Restrictions on Lobbying Certification (Section 319 of PL 101-121) and implementing
regulations.
(xxii) Fair Labor Standards Act and implementing regulations.
(xxiii) Hatch Act and implementing regulations.
(xxiv) Citizen participation, hearing and access to information requirements found under 104(a) (2) and 104(a)(3) of the
Title I of the Housing and Community Development Act of 1974, as amended.
(xxv) Subsection 104(1) of the Title I of the Housing and Community Development Act of 1974, as amended, regarding
the use of excessive force.
(xxvi) Build America, Buy America (BABA). The Recipient must comply with the requirements of the Build America, Buy
America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the
Grantee's infrastructure Activity. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and
2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Assistance" (88 FR 17001), any
funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by
a waiver.
(xxvii) Drug- Free Workplace Act.
(l). Maintenance of Activity property and insurance. The Recipient and any subrecipient shall maintain the Activity
property in good repair and condition, ordinary wear and tear excepted and shall not suffer or commit waste or damage upon
the Activity property. The Recipient or subrecipient shall pay for and maintain insurance as is customary in their industry. This
insurance shall be in an amount not less than the full insurable value of the Activity property. In addition, the Recipient shall
purchase and maintain liability insurance sufficient to afford coverage for any acts for which the Recipient is required to
indemnify the Authority pursuant to this Section 8.1. The subrecipient shall name the Recipient and Authority as a mortgagee
and/or an additional loss payee, as appropriate, and the Recipient shall name the Authority as a mortgagee and/or an
additional loss payee, as appropriate. The Recipient or subrecipient shall maintain copies of the policies as appropriate.
(m). Activity photos. At the Authority’s request, Recipient will assist the Authority in obtaining photos of the Activity by an
approved photographer. If photos are requested, Recipient will coordinate with the approved photographer and provide
necessary access to the Activity.
(n). Subrecipient Contract. Recipient shall include the provisions of the preceding paragraphs of Article 9 in every
subrecipient, contractor, and subcontractor, unless exempt by the State of Iowa, and said provisions will be binding on each
subrecipient, contractor, or subcontractor. The Recipient will take such action with respect to any subcontract as the State of
Iowa may direct as a means of enforcing such provisions, including sanctions for noncompliance.
(o). Compliance with Section 3 Requirements.
(i) The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. §1701u) ("Section 3"). The purpose of Section 3 is to ensure that
employment and other economic opportunities generated by HUD assistance or HUD-assisted developments covered by
Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons including persons who are
recipients of HUD assistance for housing, with preference for both targeted workers living in the service area or neighborhood
of the Development and Youthbuild participants, as defined at 24 CFR Part 75 ("Section 3 Regulations").

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(ii) The Parties agree to comply with HUD's regulations in Section 3 Regulations, which implement Section 3. As
evidenced by their execution of this Contract, the Parties certify that they are under no contractual or other impediment that
would prevent them from complying with the Section 3 Regulations.
(iii) The Owner agrees to send to each labor organization or representative of workers with which the Owner has a
collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers'
representative of the Owner’s commitments under this section of this Contract, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference and shall set forth the following: (i) minimum number and job titles
subject to hire, (ii) availability of apprenticeship and training positions, (iii) qualifications for each, (iv) name and location of the
person(s) taking applications for each of the positions, and (v) the anticipated date the work shall begin.
(iv) The Owner agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in
Section 3 Regulations and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in
this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in Section 3 Regulations. The
Owner will not subcontract with any subcontractor where the Owner has notice or knowledge that the subcontractor has been
found in violation of the regulations in Section 3 Regulations.
(v) The Owner will certify that any vacant employment positions, including training positions, that are filled (i) after a
contractor is selected but before the contract is executed, and (ii) with persons other than those to whom the regulations of
Section 3 Regulations require employment opportunities to be directed, were not filled to circumvent the Owner’s obligations
under Section 3 Regulations.
(vi) Noncompliance with HUD's regulations in Section 3 Regulations may result in sanctions, termination of this
Contract for default, and debarment or suspension from future HUD assisted contracts.
(p). Negative covenants. During the contract term, the Recipient covenants with the Authority that it shall not, without the
prior written disclosure to and prior written consent of the Authority, directly or indirectly:
(i) Assignment. Assign its rights and responsibilities under the contract.
(ii) Administration. Discontinue administration activities under the contract.

ARTICLE 10
DEFAULT AND REMEDIES
10.1

EVENTS OF DEFAULT. The following shall constitute Events of Default under this Contract:

(a). Noncompliance. A breach by the Recipient of any of its representations, covenants, or warranties contained in this
Contract or in the performance of any of its obligations under this Contract, in either event that (a) has or might reasonably be
expected to have a material adverse impact on the operation of the Activity, and (b) is not cured within 10 Business Days (in
the case of a monetary default) or 20 Business Days (in the case of a non-monetary default) following notice of such breach or
default from the Authority to the Recipient, provided, however, that if a non-monetary default cannot reasonably be cured
within 20 Business Days and the Recipient commences a cure within 20 Business Days and proceeds in good faith to effect
such cure thereafter, the cure period with respect to such breach or default shall be extended for up to an additional 30
Business Days.
(b). Material misrepresentation. A representation, warranty or statement made or furnished to the Authority by, or on
behalf of, the Recipient in connection with this Contract or to induce the Authority to make a grant to the Recipient shall be
determined by the Authority to be incorrect, false, misleading or erroneous in any material respect when made or furnished
and shall not have been remedied to the Authority's satisfaction within thirty (30) days after written notice by the Authority is
given to the Recipient.
(c). Failure to meet End Date. If the Activity, in the sole judgment of the Authority, is not completed on or before the End
Date.
(d). Lack of capacity. The Recipient demonstrates a lack of capacity to carry out the approved Project in a timely manner,
in the sole discretion of the Authority.
(e). Misspending. If the Recipient expends Grant proceeds for purposes not described in Attachment B, this Contract, or
as authorized by the Authority.

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(f). Violation of law. A violation of any law, regulation or order applicable to the Recipient or the Project that has or might
reasonably be expected to have a material adverse impact on the operation of the Project and is not cured within the
applicable cure period, if any, provided in such law, regulation, or order; or
(g). Gross negligence and fraud. Gross negligence, fraud, willful misconduct, misappropriation of funds, or criminal
activity other than a simple misdemeanor by the Recipient or any affiliate of the Recipient providing services to or in
connection with the Recipient or the Activity.
(h). Failure to report. Repeated or prolonged failure to provide any required reports.
(i). Failure to maintain affordability. The Activity funded with the CDBG funds fails to maintain the Term of Affordability
required by the Program Rules.
(j). Insufficient insurance coverage. If loss, theft, damage or destruction of any substantial portion of the property of the
Recipient occurs for which there is either no insurance coverage or for which, in the opinion of the Authority, there is
insufficient insurance coverage.
10.2
NOTICE OF DEFAULT. In the event of default, the Authority shall issue a written notice of default providing therein
a fifteen (15) day period in which the Recipient shall have an opportunity to cure, provided that cure is possible and feasible.
10.3
REMEDIES UPON DEFAULT. If, after opportunity to cure, the default remains, the Authority shall have the right in
addition to any rights and remedies specifically to it to do one or more of the following:
(a). Temporarily suspend making payments of CDBG funds under this Contract pending correction of the deficiency or
default by the Recipient.
(b). Declare the Recipient and/or its principals not in good standing with the Authority.
(c). Cease making any further payments of CDBG funds under this contract.
(d). Terminate this contract.
(e). Require immediate repayment of up to the full amount of funds disbursed to the Recipient under this contract, plus
interest.
(f). Exercise any other rights and remedies that may be available under law or in equity.
10.4
FAILURE TO MEET PERFORMANCE TARGETS. If the Recipient is determined by the Authority to be in default of
this Contract due to meeting less than one hundred percent (100%) of its Performance Targets, the Authority may require full
Grant repayment or, at its discretion, the Authority may require partial repayment of Grant proceeds which allows partial credit
for the performance targets which have been met, or the Authority may require other remedies that the Authority determines to
be appropriate.

ARTICLE 11
INCORPORATED DOCUMENTS
11.1
DOCUMENTS INCORPORATED BY REFERENCE. The Recipient shall comply with the terms and conditions of
this Contract and the following documents which are hereby incorporated by reference:
(a).
(b).
(c).
(d).
(e).
(f).

Attachment A
Attachment B
[Reserved]
[Reserved]
CDBG Management Guide
State Program Administrative Rules

11.2
ORDER OF PRIORITY. In the event of a conflict between this Contract or any of the documents listed in Section
11.1 above, the following order of priority shall govern:
(a).

Contract

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(b).
(c).
(d).
(e).
(f).
(g).

[Reserved]
State Program Administrative Rules
CDBG Management Guide
Attachment A
Attachment B
[Reserved]

ARTICLE 12
MISCELLANEOUS
12.1
NOTICES. Except as otherwise specifically provided herein, all notices, demands or other communications
hereunder shall be either through IowaGrants or in writing and shall be deemed to have been given (i) two Business Days after
being deposited in the United States mail and sent by certified or registered mail, postage prepaid, (ii) one Business Day after
being delivered by a nationally recognized overnight delivery service, (iii) on the Day delivered personally, in each case, to the
parties at the addresses set forth below or at such other addresses as such parties may designate by notice to the other
parties:
(a). If to the Authority, at Iowa Economic Development Authority, Attn: CDBG Program Manager, 1963 Bell Avenue, Suite
200, Des Moines, Iowa, 50315
(b). If to the Recipient, City of Charles City, Attn. Mayor, 900 Clark Street Charles City, IA 50616.
12.2
RULES OF CONSTRUCTION. Unless the context clearly indicates to the contrary, the following rules apply to the
construction of this Contract:
(a). Words importing the singular number include the plural number, and words importing the plural number include the
singular number.
(b). Words of the masculine gender include correlative words of the feminine gender and vice-versa.
(c). The table of contents and the headings or captions used in this Contract are for convenience of reference and do not
constitute a part of this Contract, nor affect its meaning, construction, or effect.
(d). Words importing persons include any individual, corporation, partnership, limited liability company, non-profit
corporation, joint venture, association, joint stock company, trust, unincorporated organization, or government or agency or
political subdivision thereof.
(e). Any reference in this Contract to a particular "Article," "Section," or other subdivision shall be to such Article, Section,
or subdivision of this Contact unless the context shall otherwise require.
(f). Each reference in this Contract to an agreement or contract shall include all amendments, modifications and
supplements, to such agreement or contract unless the context shall otherwise require.
(g). When any reference is made in this document or any of the schedules or attachments attached hereto to the Contract,
it shall mean this Contract, together with all other schedules and attachments attached hereto, as though one document.
12.3
BINDING PROVISIONS. The covenants and agreements contained herein shall be binding upon and inure to the
benefit of the heirs, legal representatives, successors and assignees of the respective parties hereto, except in each case as
expressly provided hereinto the contrary in this Contract.
12.4
ASSIGNMENTS. This contract and any proceeds from the CDBG award may not be assigned, pledged,
hypothecated, transferred, mortgaged or otherwise conveyed to any Person or Entity(ies) without obtaining prior consent from
the Authority.
12.5
WAIVERS. No waiver by the Authority of any Event of Default hereunder shall operate as a waiver of any other
Event of Default or of the same Event of Default on any future occasion. No delay on the part of the Authority in exercising
any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by the
Authority shall preclude future exercise thereof or the exercise of any other right or remedy.
12.6
ABSENCE OF RIGHTS IN THIRD PARTIES. No provision of this Contract shall be construed in any manner so as
to create any rights in Persons or Entities that are not a party to this Contract other than the Tax Credit Investor and Lender

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where it is specifically given rights in this Contract. The provisions of this Contract shall be interpreted solely to define specific
duties and responsibilities between the Recipient and the Authority and shall not provide any basis for claims of any other
Person or Entity(ies).
12.7
APPLICABLE LAW. This Contract shall be interpreted in accordance with the laws of the State, and any action
relating to the Contract shall only be commenced in the Iowa District Court for Polk County. This provision shall not be
construed as waiving any immunity to suit or liability, including without limitation sovereign immunity in state or federal court,
which may be available to the Authority or the State. By signing this Contract, the Recipient waives the right to jury trial in the
event of any legal proceedings.
12.8
ENFORCEMENT EXPENSES. The Recipient shall pay upon demand any and all reasonable fees and expenses of
the Authority, including the fees and expenses of their attorneys, experts and agents, in connection with the exercise or
enforcement of any of the rights of the Authority under this Contract.
12.9
COUNTERPARTS. This Contract may be executed in several counterparts, and all so executed shall constitute one
agreement, binding on all the parties hereto. Any counterpart of this Contract, which has attached to it separate signature
pages which together contain the signatures of all the parties hereto or is executed by an attorney in fact on behalf of some or
all of the parties, shall for all purposes be deemed a fully executed instrument.
12.10
SURVIVAL. All representations, warranties, and indemnifications contained herein shall survive the termination of
this Contract.
12.11
SEPARABILITY OF PROVISIONS; RIGHTS AND REMEDIES; ARBITRATION; CONSISTENCY WITH PROGRAM
REQUIREMENTS.
(a). Each provision of this Contract shall be considered separable and if for any reason any provision or provisions herein
are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or affect
those portions of this Contract which are valid.
(b). Unless otherwise specifically provided herein, the rights and remedies of any of the parties hereunder shall not be
mutually exclusive, and the exercise of one or more of the provisions hereof shall not preclude the exercise of any other
provisions hereof. Each of the parties confirms that damages at law may be an inadequate remedy for breach or threat of
breach of any provisions hereof. The respective rights and obligations hereunder shall be enforceable by specific
performance, injunction, or other equitable remedy, but nothing herein contained is intended to limit or affect any rights at law
or by statute or otherwise of any party aggrieved as against the other parties for a breach or threat of breach of any provision
hereof, it being the intention by this paragraph to make clear that under this Contract the respective rights and obligations of
the parties shall be enforceable in equity as well as at law or otherwise.
(c). The provisions of this Contract are intended to implement CDBG in accordance with Program Requirements and shall
be interpreted consistently therewith. In the event of any conflict between the provisions of this Contract and the Program
Requirements, the Program Requirements shall govern, and, to the extent necessary, the inconsistent provisions of this
Contract shall be without effect.
12.12
AMENDMENT. This Contract may only be amended through written request to and written prior approval from the
Authority by a written amendment executed by all parties hereto.
(a). This Contract is subject to any change in the Act or any change in any applicable federal, state or local laws,
regulations, rules or policies. The Authority may unilaterally modify in writing the Contract at will in order to accommodate any
above referenced change and deliver such amendment to this Contract to the Recipient. Failure by the Authority to notify
Recipient of such changes does not negate the Recipient’s responsibility to comply with changes in the Act and any applicable
federal, state or local laws, regulations, rules or policies.
(b). The Authority will consider whether an amendment request is so substantial as to necessitate reevaluating the
Authority's original funding decision. Activity budget revisions shall be subject to approval of the Authority through the contract
amendment process. In no instance shall the Authority be obligated to provide additional CDBG Funds for the Activity if the
Recipient finds total costs will exceed those previously identified. Budget revisions shall be compatible with the terms of this
Contract and of such a nature as to qualify as an allowable cost. Budget revisions requested will be approved if the Authority
determines that the revisions are necessary to complete the Activity.
12.13
INDEPENDENT CONTRACTOR/INDEMNIFICATION. It is expressly understood and agreed by the parties hereto
that the Authority is contracting with the Recipient as an independent contractor, and that Recipient, as such, agrees to hold
harmless and to indemnify the State of Iowa, the Authority and its members, members of its Board of Directors, officers,
employees, agents, elected and appointed officials, and successors and assigns from and against any and all obligations,
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Contract Number: 26-WS-019
Page 14 of 18

losses, costs, damages, deficiencies, demands, expenses and liabilities of any nature or kind including, but not limited to,
attorney’s fees (including the value of time of the Attorney General’s office), litigation and court costs, costs of investigations,
costs of settlement, amounts paid in settlement, and amounts paid to discharge judgment against an indemnified party,
whether directly or indirectly, fines, arising or resulting from, directly or indirectly, or on account of, (i) the financing, acquisition,
construction and/or rehabilitation, sale, management or operation of the Activity; (ii) any noncompliance or failure to perform
any covenant related to this Activity (whether or not cured); (iii) any breach of a representation, warranty or covenant herein or
in any other document; (iv) any other act or omission (whether or not cured) constituting a failure in compliance, or (v) the
enforcement by the Authority, its successors and assigns of the Authority’s rights and remedies under this Agreement.
12.14
CONFLICT OF INTEREST. The conflict of interest provisions found at 24 CFR 570.611 shall apply in the conduct of
the CDBG program. In the procurement of property and services by the Recipient or any Recipient Parties, the conflict of
interest provisions in 2 CFR Part 200, as appropriate, shall apply.
12.15
NON-DISCRIMINATION. The Recipient shall ensure that no person shall on the grounds of race, color, religions,
sex, sexual orientation, handicap, familial status, or national origin be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or Activity funded in whole or in part with funds provided under this
Contract.
12.16
INFORMATION REQUESTS. The Recipient shall promptly provide the Authority any information relating to the
Activity as may be reasonably requested by a federal or state agency (including HUD) for purposes of Program Requirements.
Communication and details concerning this Contract and any information requests pursuant to the Program Requirements and
this Contract shall be directed to the following persons and the contact persons listed with this Section may be changed upon
14 Days written notice to the other party.
Iowa Economic Development Authority
CDBG Team Leader
1963 Bell Avenue, Suite 200
Des Moines, IA 50315
515.348.6217
12.17
INTEGRATION. This Contract and the related documents contain the entire understanding between the Recipient
and the Authority and any representations that may have been made before or after the signing this Contract and related
documents, which are not contained therein, are nonbinding, void and of no effect. None of the parties have relied on any
such prior representation in entering into this Contract and related documents.
12.18
TIME IS OF THE ESSENCE. Time is of the essence with respect to the performance of the terms of this Contract
and related documents.
12.19.
IOWAGRANTS.GOV. The Authority reserves the right to require the Recipient to utilize the Iowagrants.gov system
or a similar system to conduct business associated with this Contract.

IN WITNESS WHEREOF, the parties have executed this Contract as of the Effective Date first stated.
RECIPIENT: Charles City
BY:

___________________________________
Mayor
Charles City
900 Clark Street
Charles City, Iowa 50616

IOWA ECONOMIC DEVELOPMENT AUTHORITY:
BY:

___________________________________________
Deborah Durham, Director

Prepared by: Terie Taylor-Wolf

________________________________
Typed or Printed Name and Title

Contract Number: 26-WS-019
Page 15 of 18

ATTACHMENT A
GENERAL CDBG PROVISIONS
1.0

AUDIT REQUIREMENTS.

(a). The Recipient shall ensure that an audit is performed in accordance with the Single Audit Act Amendment of
1996; OMB 2 CFR part 200, subpart E; and OMB 2 CFR part 200, subpart F, as applicable; and the Iowa CDBG Management
Guide.
(b). As a condition of the grant to the Recipient, the Authority reserves the right to require the Recipient to submit to
a post Project Activity completion audit and review in addition to the audit required above.
COMPLIANCE WITH LAWS AND REGULATIONS. The Recipient shall comply with all applicable State and
2.0
Federal laws, rules, ordinances, regulations and orders including all Federal laws and regulations described in 24 CFR subpart
K.
3.0
UNALLOWABLE COSTS. If the Authority determines at any time, whether through monitoring, audit, closeout
procedures or by other means or process, that the Recipient has expended funds which are unallowable, the Recipient will be
notified of the cost questioned and given an opportunity to justify questioned costs prior to the Authority's final determination of
the disallowance of costs. Appeals of any determinations will be handled in accordance with the provisions of Chapter 17A,
Iowa Code. If it is the Authority's final determination that costs previously paid by the Authority are unallowable under the terms
of the Contract, the expenditures will be disallowed, and the Recipient shall repay to the Authority any and all disallowed costs.
4.0
REAL PROPERTY ACQUIRED OR IMPROVED WITH CDBG FUNDS. Real property under the Recipient's control
in excess of $25,000 and equipment that was acquired or improved in whole or in part with CDBG funds shall be used to meet
one of the National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of the Agreement. If Recipient
fails to use CDBG assisted real property that meets a National Objective during the five (5) year period the Recipient shall pay
the Authority an amount equal to the current fair market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition or improvement to the real property.
5.0

TERMINATION.

(a). For cause. The Authority may terminate the Contract in whole or in part whenever the Authority determines that
the Recipient has failed to comply with the terms and conditions of the Contract.
(b). For convenience. The Parties may terminate the Contract in whole or in part when all parties agree that the
continuation of the Activity would not produce beneficial results commensurate with the future disbursement of funds.
(c) Due to reduction or termination of CDBG funding. At the discretion of the Authority, the Contract may be
terminated in whole or in part if there is a reduction or termination of CDBG funds to the State.
6.0

PROCEDURES UPON TERMINATION.

(a). Notice. The Authority shall provide written notice to the Recipient of the decision to terminate, the reason(s) for
termination, and the effective date of the termination. If there is a partial termination due to a reduction in funds, the notice will
set forth the change in the funding and the changes in the approved Budget Activity as described in Attachment B. The
Recipient shall not incur new obligations beyond the effective date and shall cancel as many outstanding obligations as
possible. The Authority’s share of noncancelable obligations in which the Authority determines were properly incurred prior to
notice will be allowable costs.
(b). Rights in products. All finished and unfinished documents, data, reports or other material prepared by the
Recipient under the Contract shall, at the Authority’s option, become property of the Authority.
(c). Return of funds. The Recipient shall return to the Authority all unencumbered funds within one week of receipt of
the notice of termination. Any costs previously paid by the Authority which are subsequently determined to be unallowable
through audit, monitoring or close out procedures shall be returned to the Authority within thirty (30) days.
7.0
ENFORCEMENT EXPENSES. The Recipient shall pay upon demand any and all reasonable fees and expenses of
the Authority, including the fees and expenses of its attorneys, experts, and agents in connection with the exercise or
enforcement of any of the rights of the Authority under this Contract.
8.0

LEAD BASED PAINT. The Recipient shall comply with requirements of the Notification, Evaluation, and Reduction

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of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Final Rule
(24 CFR Part 35, et al.); Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821 - 4846), as amended, and implementing
regulations.
9.0
LIMIT ON RECOVERY OF CAPITAL COSTS. The Recipient will not attempt to recover any capital costs of public
improvements assisted in whole or part under this Contract by assessing any amount against properties owned and occupied
by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to
such public improvements, unless (i) funds received under this Contract are used to pay the proportion of such fee or
assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than
under Title I of the Housing and Community Development Act of 1974, as amended, or (ii) for purposes of assessing any
amount against properties owned and occupied by persons of low and moderate income who are not persons of very low
income, the Recipient has certified to the Authority that is lack sufficient funds received under Title I of the Housing and
Community Development Act of 1974, as amended, to comply with the requirements of this clause.
10.0
FEDERAL GOVERNMENT RIGHTS. If all or a portion of the funding used to pay for the Deliverables is being
provided through a grant from the Federal Government, Contractor acknowledges and agrees that pursuant to applicable
federal laws, regulations, circulars and bulletins, the awarding agency of the Federal Government reserves certain rights
including, without limitation a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to
authorize others to use, for Federal Government purposes, the Deliverables developed under this Contract and the copyright
in and to such Deliverables.
11.0
FRAUD AND WASTE. The Authority has zero tolerance for the commission or concealment of acts of fraud, waste,
or abuse. Allegations of such acts will be investigated and pursued to their logical conclusion, including legal action where
warranted.
12.0
PROHIBITED ACTIVITIES. In accordance with 24 CFR 570.207(a), the following activities may not be assisted with
CDBG funds:
(a). Buildings or portions thereof used for the general conduct of government, as defined at § 570.3(d). This does not
include, however, the removal of architectural barriers under § 570.201(c) involving any such building. Also, where acquisition
of real property includes an existing improvement which is to be used in the provision of a building for the general conduct of
government, the portion of the acquisition cost attributable to the land is eligible, provided such acquisition meets a national
objective described in § 570.208.
(b). General government expenses. Except as otherwise specifically authorized in this subpart or under 2 CFR part
200, subpart E, expenses required to carry out the regular responsibilities of the unit of general local government are not
eligible for assistance.
(c). Political activities. CDBG funds shall not be used to finance the use of facilities or equipment for political
purposes or to engage in other partisan political activities, such as candidate forums, voter transportation, or voter registration.
However, a facility originally assisted with CDBG funds may be used on an incidental basis to hold political meetings,
candidate forums, or voter registration campaigns, provided that all parties and organizations have access to the facility on an
equal basis, and are assessed equal rent or use charges, if any.
13.0

ADDITIONAL REQUIREMENTS REGARDING ACTIVITIES. The Recipient:

(a). Shall not use grant funds to promote “gender ideology” as defined in Executive Order (E.O.) 14168, Defending
Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.
(b). Agrees that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the U.
S. Government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code.
(c). Certifies it does not operate any programs that violate any applicable Federal anti-discrimination laws, including
Title VI of the Civil Rights Act of 1964.
(d). Shall not use any grant funds to fund or promote elective abortions, as required by Executive Order (E.O.)
14182, Enforcing the Hyde Amendment.
(e). Must administer its grant in accordance with all applicable immigration restrictions and requirements, including
the eligibility and verification requirements that apply under Title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, as amended (8 U.S.C. 1601-1646)(PRWORA) and any applicable requirements that HUD, the
Attorney General or the U.S. Citizenship and Immigration Services may establish from time to time to comply with PRWORA,
Executive Order 14218, or other Executive Orders or immigration laws.
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Contract Number: 26-WS-019
Page 17 of 18

(f). May not use funds in a manner that by design or effect facilitates the subsidization or promotion of illegal
immigration or shields illegal aliens from deportation, including by maintaining policies or practices that materially impede
enforcement of federal immigration statutes and regulations.
(g). Must use SAVE, or an equivalent verification system approved by the Federal government, to prevent any
Federal public benefit from being provided to an ineligible alien who entered the United States illegally or is otherwise
unlawfully present in the United States.
(h). May not, in the selection of subrecipients, discriminate against an organization based on the organization’s
religious character, affiliation or exercise.
LIQUIDATED DAMAGES. The Recipient shall include in all contracts and subcontract language that include the
14.0
provision for contractors to be liable for Liquidated Damages for project delays or labor laws. Recipient shall define a specified
period of performance and the defined fiscal penalty of the contracted Work exceeding the established period of performance
or for a violation of labor laws.

Prepared by: Terie Taylor-Wolf

Contract Number: 26-WS-019
Page 18 of 18

ATTACHMENT B
PROJECT DESCRIPTION AND BUDGET

Recipient:
Contract Number:
Contract Dates:
Project Description:
National Objective:
Project Budget

Charles City
26-WS-019
September 23, 2026 - September 22, 2029
The project includes drilling a new well and associated piping, motor, pump, drop pipe;
constructing a building to house the well, pump, motor, controls; installation of a generator,
miscellaneous items, restoration, legal and administrative.
L/M Income

Activity Name:
Activity Description:
Performance Targets:
CDBG Amount:
Local Amount:
Total Amount:

181 - Administration
Administer the Project
N/A
$30,000.00
$0.00
$30,000.00

Activity Name:
Activity Description:
Performance Targets:
CDBG Amount:
Local Amount:
Total Amount:

39 - Wells - Installation, Improvements
Drill Well, Install piping, pump, motor, building, generator, mobilization, restoration
7,396 persons
$470,000.00
$1,007,000.00
$1,477,000.00

BUDGET TOTALS:
CDBG Amount:
Local Amount:
Total Amount:

$500,000.00
$1,007,000.00
$1,507,000.00

CONDITIONS TO DISBURSEMENT:
The Recipient will provide the following documents to the Authority prior to receiving Release of Funds:
• Acknowledgment of Environmental Review Requirements
• Active SAM Registration (if not publicly available on the SAM.gov website)
• Executed IEDA Contract
• Completion and Approval of Environmental Review
Conditions and Clearances
The Recipient will provide the following documents to the Authority prior to submitting any claim for
reimbursement:
GENERAL
All documents as listed in Article 7 as written in this contract in addition to the following:
o Adoption of the Equal Opportunity Policy
o Adoption of the Fair Housing Policy
o Adoption of the Procurement Policy
o Executed 2 CFR 200.319 Competition Certificate of Compliance
o IEDA Approved Contractor Clearance for Prime and Subcontracts included on the claim
o Administrative Services Contract
o Technical Services Contract (if applicable)
PROGRAM SPECIFIC
Water/Sewer/Stormwater
o DNR Approval of Construction Permit
o Match Funding – Award/Loan Approval Letters
o Final Design/Scope Documents for Stormwater Projects
o Approval of Davis Bacon Wage Rates

RESOLUTION NO. 161-26

RESOLUTION APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
CONTRACT WITH THE IOWA ECONOMIC DEVELOPMENT AUTHORITY FOR THE
WELL NO. 9 PROJECT
WHEREAS, the Iowa Economic Development Authority (IEDA) has
awarded the City of Charles City $500,000 in Community Development Block
Grant (CDBG) funding for the Well No. 9 Project; and
WHEREAS, the total project budget is $1,507,000, consisting of $500,000
in CDBG funding and $1,007,000 in local funding; and
WHEREAS, IEDA has provided Contract No. 26-WS-019 outlining the
terms and conditions of the grant funding; and
WHEREAS, City Council approval of the contract is necessary to proceed
with the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Charles City, Iowa:
1. That CDBG Contract No. 26-WS-019 between the City of Charles City and
the Iowa Economic Development Authority for the Well No. 9 Project is
hereby approved.
2. That the Mayor is hereby authorized to execute the contract on behalf of
the City.
COUNCIL MEMBER
Resolution;

moved for the adoption of the foregoing

COUNCIL MEMBER
the voting was as follows:

seconded the motion to adopt, and on roll call

AYES:
NAYS:
Passed and approved this 16th day of November, 2026.

Dean Andrews, Mayor
Attest:

Brittney Lentz, City Clerk

_____

MEETING DATE: 11/16/2026

AGENDA ITEM SUMMARY

Subject: Resolution No. 161-26 CDBG Contract with IEDA for Well No. 9
Resolution No. 162-26 Grant Admin Agreement with NIACOG for CDBG
Motion Approving CDBG Admin Policies, Certs, Appts, etc.
__________________________________________________________________________
Background Summary:
The Iowa Economic Development Authority (IEDA) has awarded the City of Charles City $500,000
in Community Development Block Grant (CDBG) funding for the Well No. 9 Project. The project
includes drilling a new well, installing associated piping, pump, motor, and controls, constructing a
well building, installing a generator, and completing related improvements.
The total project budget is $1,507,000, consisting of $500,000 in CDBG funding and $1,007,000 in
local funding. Of the CDBG award, $470,000 is designated for well improvements and $30,000 for
grant administration.
There are three items requiring Council approval to move forward with the grant:
CDBG Contract with IEDA – Resolution No. 161-26
IEDA has already awarded the City the $500,000 CDBG grant. Council is being asked to
approve the grant contract, which outlines the requirements and conditions associated with
the funding, and authorize the Mayor to sign the agreement.
NIACOG Grant Administration Agreement – Resolution No. 162-26
NIACOG will assist the City with administering the CDBG grant, including reporting,
environmental review, compliance requirements, and project closeout. The agreement is for
an amount not to exceed $30,000, which is included in the grant funding.
Council is being asked to approve the agreement and authorize the Mayor to sign once
IEDA completes the required approval and contractor clearance process.
CDBG Administrative Policies and Authorizations – Motion
As part of the CDBG grant requirements, the City must also approve several administrative
policies, certifications, appointments, and signature authorizations. These documents
establish the City's responsibilities for complying with federal grant requirements and
designate individuals authorized to carry out certain grant administration duties.
Council is being asked to approve these documents together under one motion. Following
approval, the necessary documents will be signed and submitted as part of the CDBG grant
administration process.

Staff Recommendation:
Staff recommends approval of Resolution No. 161-26 approving the CDBG contract with IEDA for the
Well No. 9 Project; Resolution No. 162-26 approving the grant administration agreement with
NIACOG at a cost not to exceed $30,000, with execution following the required IEDA approval and
contractor clearance; and a motion approving the CDBG administrative policies, certifications,
appointments, and signature authorizations as presented.

CONTRACT FOR ADMINISTRATION OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM CONTRACT # 26-WS-019
IT IS AGREED BETWEEN THE PARTIES THAT THE CITY OF CHARLES CITY, IOWA
(CITY) HEREBY RETAINS THE NORTH IOWA AREA COUNCIL OF GOVERNMENTS
(NIACOG) TO PERFORM ALL PROFESSIONAL SERVICES ASSOCIATED WITH THE
ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM GRANT FUNDS, SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.
I.

NIACOG represents that it has, or shall acquire, all personnel necessary in performing the
following basic services:
A.

PROPOSED PROJECT IMPLEMENTATION/GRANT MANAGEMENT.

NIACOG shall provide to the CITY ongoing assistance in: establishing and maintaining an
overall record-keeping system; compliance with federal regulations; completion of
environmental review record publications and document submission; submission of all required
reports and grantee performance summaries; development and day to day operation of project
components, including the development of program guidelines; attendance at workshops
necessary to facilitate the project; completion of project audit, as needed; compliance with
necessary proceedings for letting of bids, awarding of contracts, attending of preconstruction
conferences; project monitoring and closeout. NIACOG does not assume responsibility for
those financial record-keeping responsibilities normally performed by the CITY.
B.

FINANCIAL COMPENSATION

The CITY shall compensate NIACOG for services outlined under Paragraph A. Payment to
NIACOG shall be based on the hourly rate of the staff person plus any associated costs
incurred in the administration of this contract. The total cost for administrative services
provided under this paragraph shall not exceed amounts identified as administrative in the
project budget of the grant program and shall not exceed $30,000. Eligible costs incurred in
performance of duties outlined in Paragraph A shall be retroactive to the date of
communication from IEDA allowing the incurring of costs.
C.

ACCESS TO AND MAINTENANCE OF RECORDS.

NIACOG shall maintain all required records for a period of three years, beginning with the
date of submission of the final expenditure report or until all audit findings have been resolved.
At any time during normal business hours and as frequently as is deemed necessary,
NIACOG shall make available to the IDED, the State Auditor, the General Accounting Office,
and the Department of Housing and Urban Development, for their examination, all of its
records pertaining to all matters covered by this contract, and permit these agencies to audit,
examine, make excerpts or transcripts from such records, contract, invoices, payrolls, personnel
record, conditions of employment, and all other matters covered by this contract.

D.

TERMINATION OR ABANDONMENT OF CONTRACT.

This contract may be terminated by either party upon the giving of thirty (30) days written
notice by certified letter if either party fails to abide by the terms and conditions of this
contract. Upon cancellation, the CITY will be responsible only for those costs incurred by
NIACOG to the date of termination.
II.

In connection with carrying out this contract, all parties shall comply with the following:
A.

TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (PL. 88-352).

This act generally provides that no persons shall be excluded from participation, denied
benefits, or subjected to discrimination on the basis of race, color, or national origin under any
program or activity receiving federal financial assistance.
B.
SECTION 109 OF TITLE I OF THE HOUSING AND
DEVELOPMENT ACT OF 1974, AS AMENDED, (42 U.S.C. 5309).

COMMUNITY

This act generally provides that no person shall be excluded from participation (including
employment), denied program benefits or subjected to discrimination on the basis of race,
color, physical or mental disabilities, national origin or sex under any program or activity
funded in whole or in part under Title I of this Act.
C.
THE AGE DISCRIMINATION ACT OF 1975, AS AMENDED, (42 U.S.C. 6101 et
seq.).
This act generally provides that no person shall be excluded from participation, denied
program benefits or subjected to discrimination on the basis of age under any program or
activity receiving federal funds.
D.
SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED (P.L.
93-112).
This act generally provides that no otherwise qualified individual shall, solely by reason of his
or her handicap, be excluded from participation (including employment), denied program
benefits, or subjected to discrimination under any program or activity receiving federal funds.
E.
SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968, AS
AMENDED, (12 U.S.C. 1701u).
This act generally provides that, to the greatest extent feasible, opportunities for training and
employment that arise through HUD-financed projects shall be given to lower-income residents
of the project area. Section 3 also provides that contracts awarded in connection with such
projects be awarded to businesses located in the project area, or businesses owned, in
substantial part, by residents of the project area.
(1).

The work to be performed under this contract is subject to the requirements of section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u
(section 3). The purpose of section 3 is to ensure that employment and other economic

opportunities generated by HUD assistance or HUD-assisted projects covered by
section 3, shall, to the greatest extent feasible, be directed to low- and very low-income
persons, particularly persons who are recipients of HUD assistance for housing.
(2).

The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,
which implement section 3. As evidenced by their execution of this contract, the parties
to this contract certify that they are under no contractual or other impediment that would
prevent them from complying with the part 135 regulations.

(3).

The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other understanding,
if any, a notice advising the labor organization or workers' representative of the
contractor's commitments under this section 3 clause, and will post copies of the notice
in conspicuous places at the work site where both employees and applicants for training
and employment positions can see the notice. The notice shall describe the section 3
preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.

(4).

The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action,
as provided in an applicable provision of the subcontract or in this section 3 clause,
upon a finding that the subcontractor is in violation of the regulations in 24 CFR part
135. The contractor will not subcontract with any subcontractor where the contractor
has notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR part 135.

(5).

The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR part
135 require employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under 24 CFR part 135.

(6).

Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.

(7).

With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section
7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this contract that are subject to the provisions of
section 3 and section 7(b) agree to comply with section 3 to the maximum extent
feasible, but not in derogation of compliance with section 7(b).

F.

TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968, AS AMENDED.

This act prohibits discrimination in housing on the basis of race, color, religion, sex,
handicap, familial status or national origin.
G.

EXECUTIVE ORDER 11063.

This order generally provides that no person shall, on the basis of race, color, religion, sex or
national origin, be discriminated against in housing and related facilities provided with federal
assistance, or discriminated against in lending practices with respect to residential property
when such practices connected with loans insured or guaranteed by the federal government.
H.

AMERICANS WITH DISABILITIES ACT (P.L. 101-336, 42 U.S.C.).

This act guarantees equal opportunity for individuals with disabilities in public
accommodations, employment, transportation, state and local government services and
telecommunications.
I.

FEDERAL EXECUTIVE ORDERS 11246 AND 11375.

“During the performance of this contract, the contractor agrees as follows:
(1)

The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The contractor will
take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex or national
origin. Such action shall include, but not be limited to the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.

(2)

The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.

(3)

The contractor will send to each labor union or representative or workers with which he
has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or workers’
representative of the contractor’s commitments under Section 202 of Executive Order
No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.

(4)

The contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulation, and relevant order of the Secretary of
Labor.

(5)

The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.

(6)

In the event of the contractor’s noncompliance with the non-discrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order No. 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order No.
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary or Labor,
or as otherwise provided by law.

(7)

The contractor will include the provisions of Paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or
purchase order as the contracting agency may direct as a means of enforcing such
provisions including sanctions for noncompliance: Provided, however, that the event the
contractor becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the contracting agency, the contractor may
request the United States to enter in such litigation to protect the interest of the United
States.”

J.

LOBBYING RESTRICTION.

This order generally provides that there is a federal restriction against using CDBG funds in
lobbying, and by completing the required form if lobbying should be required. It is hereby
certified that:
(1)

No Federally appropriated funds have been paid or will be paid, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement.

(2)

If any funds other than Federally appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee, or an employee of a Member of
Congress in connection with this contract, shall complete and submit Standard Form LLL, “Disclosure Form to Report Federal Lobbying” in accordance with its
instructions.

(3)

The Contractor shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontractors, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.

K.

BUILD AMERICA, BUY AMERICA (BABA).

The Grantee must comply with the requirements of the Build America, Buy America (BABA)
Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable
to the Grantee’s infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased
Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as
Applied to Recipients of HUD Federal Assistance" (88 FR 17001), any funds obligated by
HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless
excepted by a waiver.

CITY OF CHARLES CITY, IOWA
By:____________________________________________
Date:___________________________________________

ATTEST:
By:_______________________________________

NORTH IOWA AREA COUNCIL OF GOVERNMENTS
By:____________________________________________
Date:___________________________________________

RESOLUTION NO. 162-26

RESOLUTION APPROVING GRANT ADMINISTRATION AGREEMENT WITH NORTH
IOWA AREA COUNCIL OF GOVERNMENTS (NIACOG) FOR ADMINISTRATION OF
THE WELL NO. 9 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
WHEREAS, the City of Charles City has been awarded $500,000 in
Community Development Block Grant (CDBG) funding through the Iowa
Economic Development Authority (IEDA) for the Well No. 9 Project; and
WHEREAS, the City desires to retain the North Iowa Area Council of
Governments (NIACOG) to provide grant administration services for the project;
and
WHEREAS, NIACOG has prepared an agreement to provide these services
at a cost not to exceed $30,000, which is included in the CDBG grant funding;
and
WHEREAS, the agreement may be approved by the City Council at this
time but cannot be finalized until the required administrative approvals and
contractor clearance have been completed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Charles City, Iowa:
1. That the Grant Administration Agreement between the City of Charles City
and NIACOG for the Well No. 9 CDBG Project, at a cost not to exceed
$30,000, is hereby approved.
2. That the Mayor is hereby authorized to execute the agreement following
completion of the required IEDA approval and contractor clearance
process.
COUNCIL MEMBER
Resolution;

moved for the adoption of the foregoing

COUNCIL MEMBER
the voting was as follows:

seconded the motion to adopt, and on roll call

AYES:
NAYS:
Passed and approved this 16th day of November, 2026.

Dean Andrews, Mayor
Attest:

Brittney Lentz, City Clerk

_____

MEETING DATE: 11/16/2026

AGENDA ITEM SUMMARY

Subject: Resolution No. 161-26 CDBG Contract with IEDA for Well No. 9
Resolution No. 162-26 Grant Admin Agreement with NIACOG for CDBG
Motion Approving CDBG Admin Policies, Certs, Appts, etc.
__________________________________________________________________________
Background Summary:
The Iowa Economic Development Authority (IEDA) has awarded the City of Charles City $500,000
in Community Development Block Grant (CDBG) funding for the Well No. 9 Project. The project
includes drilling a new well, installing associated piping, pump, motor, and controls, constructing a
well building, installing a generator, and completing related improvements.
The total project budget is $1,507,000, consisting of $500,000 in CDBG funding and $1,007,000 in
local funding. Of the CDBG award, $470,000 is designated for well improvements and $30,000 for
grant administration.
There are three items requiring Council approval to move forward with the grant:
CDBG Contract with IEDA – Resolution No. 161-26
IEDA has already awarded the City the $500,000 CDBG grant. Council is being asked to
approve the grant contract, which outlines the requirements and conditions associated with
the funding, and authorize the Mayor to sign the agreement.
NIACOG Grant Administration Agreement – Resolution No. 162-26
NIACOG will assist the City with administering the CDBG grant, including reporting,
environmental review, compliance requirements, and project closeout. The agreement is for
an amount not to exceed $30,000, which is included in the grant funding.
Council is being asked to approve the agreement and authorize the Mayor to sign once
IEDA completes the required approval and contractor clearance process.
CDBG Administrative Policies and Authorizations – Motion
As part of the CDBG grant requirements, the City must also approve several administrative
policies, certifications, appointments, and signature authorizations. These documents
establish the City's responsibilities for complying with federal grant requirements and
designate individuals authorized to carry out certain grant administration duties.
Council is being asked to approve these documents together under one motion. Following
approval, the necessary documents will be signed and submitted as part of the CDBG grant
administration process.

Staff Recommendation:
Staff recommends approval of Resolution No. 161-26 approving the CDBG contract with IEDA for the
Well No. 9 Project; Resolution No. 162-26 approving the grant administration agreement with
NIACOG at a cost not to exceed $30,000, with execution following the required IEDA approval and
contractor clearance; and a motion approving the CDBG administrative policies, certifications,
appointments, and signature authorizations as presented.

EQUAL OPPORTUNITY POLICY STATEMENT
DATE:

November 16, 2026

It is the policy of the City of Charles City to provide equal opportunity to all employees,
applicants and program beneficiaries; to provide equal opportunity for advancement of
employees; to provide program and employment facilities which are accessible to the
handicapped and to administer its programs in a manner that does not discriminate
against any person because of race, creed, color, religion, sex, national origin, disability,
age, familial status, political affiliation, citizenship or sexual orientation.
The Mayor has ultimate responsibility for the overall administration of the affirmative
action/equal opportunity program. The total integration of equal opportunity into all parts
of personnel and program management is the Mayor's responsibility. The Mayor will
review all policies and procedures as they affect equal opportunity and affirmative action
and ensure compliance with relevant federal and state statutes.
The right of appeal and recourse is guaranteed by the City of Charles City. Any person
who feels that he or she has been denied employment, participation, representation, or
services in any program administer by the City of Charles City because of race, creed,
color, religion, sex, national origin, age, disability, political affiliation, sexual orientation, or
citizenship has the right to file an equal opportunity complaint. Information and assistance
relative to equal opportunity complaints shall be provided by the Mayor who can be
contacted at City Clerk’s Office, 900 Clark Street, Charles City, IA 50616, (641) 2576300.
This Equal Opportunity Policy of the City of Charles City shall be posted in conspicuous
places within the facility, distributed to all employees, contractors and to the persons of
all advisory and policy-making groups.
_________________________________________
Dean Andrews, Mayor
City of Charles City

CIVIL RIGHTS-FAIR HOUSING-EQUAL OPPORTUNITY
APPLICABLE LAWS & REGULATIONS
Civil Rights – Fair Housing – Equal Opportunity
That Apply When Using Federal CDBG Money
THE CIVIL RIGHTS ACT – Title VI of the Civil Rights Act of 1964 provides that no person in the United
States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied
the benefits of, or otherwise be subjected to discrimination under any program or activity receiving
Federal financial assistance.
THE FAIR HOUSING ACT—Title VIII of the Civil Rights Act of 1968 (Fair Housing Act) prohibits
discrimination in housing on the basis of race, color, religion, sex, disability, familial status, or national
origin. This law also mandates that you administer your program in a manner that affirmatively furthers
fair housing. It was amended in 1988 to affirmatively further fair housing In order for you to
affirmatively further fair housing, you can use the official equal housing opportunity logo on any
advertising and brochures that you produce about your program, use it on your city/company
letterhead, or sponsor fair housing training for landlords, real estate agents and lenders. A copy
of the Equal Housing Opportunity Logo can be found in your Management Guide. Note: If you
received HOME “rental” funds and are building 5 or more units of housing, you will need to
submit an Affirmative Fair Marketing Plan to the Iowa Economic Development Authority. An
Affirmative Fair Marketing Plan Sample Form is included in Appendix 3 of your Housing Fund
Management Guide.
SECTION 109, HOUSING & COMMUNITY DEVELOPMENT ACT OF 1974 provides that no person in
the United States shall, on the grounds of race, color, national origin, or sex be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
funded in whole or in part with funds made available under Title I of the Housing and Community
Development Act of 1974.
EXECUTIVE ORDERS 11625, 12432, 12138 AND OMB CIRCULAR A-102, Attachment O, Paragraph
9(a) provide that, you as a grantee, shall take affirmative steps to assure that small and minority
businesses are utilized when possible as sources of supplies, equipment, construction and services.
Paragraph 9(b) requires that the grantee take similar appropriate affirmative action in support of women’s
business enterprises. In order to comply with this, you may solicit minority and women businesses
by notifying the MBE/WBE clearinghouses List that is in your Management Guide. A List of
Minority Business Enterprises/Women-Owned Business Enterprises is also available from the
Iowa Economic Development Authority.
SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968, AS AMENDED, provides
that, to the greatest extent feasible, opportunities for training and employment shall be given to lowerincome residents in the area in which the project is located. The intent is to harness economic
opportunities for low-income households in the neighborhoods where they live. Section 3 applies only to
activities involving housing construction, housing rehabilitation or other public construction, with a
Housing Fund award of greater than $200,000 and then only for contracts and subcontracts greater than
$100,000. In order to comply with Section 3, you will be asked to submit a Section 3 report at the
end of your project. This form is included in the Management Guide.
SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED provides that no otherwise
qualified handicapped individual in the United States, shall solely by reason of his/her handicap be
excluded from the participation in, be denied the benefits of, or be discriminated against under any
program or activity receiving Federal financial assistance. In order to comply with section 504, it
requires housing units of new construction be accessible to persons with disabilities. A minimum
of 5 percent of the total dwelling units in a multi-family housing project shall be made accessible

for persons with mobility impairments. An additional 2 percent of units in such a project shall be
accessible for persons with hearing or vision impairments. Work closely with your architect.
AGE DISCRIMINATION ACT OF 1975, AS AMENDED provides that no persons in the United States
shall, on the basis of age, be excluded from participation in, be denied the benefits, of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance. It is not a violation of
the Act for a HOME PJ or its housing partner(s) to operate elderly-only housing since the HOME statute
permits such housing.
AMERICANS WITH DISABILITIES ACT (ADA). Title II of the Americans with Disabilities Act (ADA)
prohibits discrimination against persons with disabilities in all programs, activities, and services of a public
entity. The prohibitions against discrimination under Title II of the ADA are essentially the same as those
in Section 504, except they apply to all programs, activities, and services of a public entity, not just those
funded with Federal financial assistance.
EXECUTIVE ORDER 11063, as amended by Executive Order 12259 provides that no person in the
United States because of race, color, sex, creed or national origin, shall be denied equal opportunity in
housing and related facilities owned or operated by the Federal Government or provided with Federal
financial assistance. If you are a city or county receiving CDBG or HOME dollars… the city or
county must provide equal opportunity to all employees, applicants, and beneficiaries…in a
manner that doesn’t discriminate.
An Equal Opportunity Policy must be posted
-in a conspicuous place—such as the city hall lobby,
-distributed to all employees, contractors, and
-to the persons of all advisory and policy making groups
A Sample “Equal Opportunity Policy” form can be found in the Management Guide
Appendix.
EXECUTIVE ORDER 11246 provides that no person shall be discriminated against on the basis of race,
color, religion, sex, or national origin in any phase of employment during the performance of Federal or
federally-assisted construction contracts in excess of $10,000.
PROHIBITION OF THE USE OF EXCESSIVE FORCE – If the recipient is a local government, it shall
adopt and enforce a policy to prohibit the use of excessive force by law enforcement agencies within
their jurisdiction against any individuals engaged in nonviolent civil rights demonstrations and enforce
state and local laws against physically barring entrance to or exit from a facility subject to nonviolent civil
rights demonstrations. There is a sample “Excessive Force Policy” in your Management Guide.
IOWA CIVIL RIGHTS ACT OF 1965 This Act mirrors the Federal Civil Rights Act.
IOWA CODE SECTION 19B.7 This prohibits discriminatory and unfair practices within any program
receiving or benefiting from state financial assistance in whole or in part.
Iowa Code chapter 216 Effective July 1, 2007, the Iowa Civil Rights Act was expanded to add sexual
orientation and gender identity to the list of protected classes.
NOTE: The bold print at the end of each paragraph gives you ideas on how to comply with the
federal rules and regulations.

Suggested Actions to Affirmatively Further Fair Housing
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Publicize that the local government will assist persons experiencing discrimination in
housing. Such assistance can be in the form of facilitating the filing of a complaint with HUD
or the Iowa Civil Rights Commission.
Develop and adopt a fair housing ordinance and identify the methods of enforcement.
Provide housing counseling services which assist minorities and women seeking housing
outside areas of concentration.
Work with local real estate brokers to form a Voluntary Area-wide Marketing Agreement.
Work with local banks to end “redlining” practices and to post “equal lending opportunity”
advertisements.
Use “equal housing opportunity” slogan and logo on city/county letterhead.
Sponsor fair housing seminars and campaigns.
Work with minority and women leaders in the area to promote housing development and
increase minority and female participation.
Help local housing developers develop outreach programs to attract minorities and females.
Review zoning ordinance and comprehensive plans to insure they promote spatial
deconcentration of assisted housing units.
Make city-owned property located outside areas of concentration available to developers at
no or nominal costs for construction of assisted units particularly for large family units.
Create a local housing authority.
Conduct studies to ensure minority and female housing needs are adequately defined.
Adopt a code enforcement ordinance that will compel landlords to keep their units in safe
and sanitary condition.
Publicly advertise that the city is a “fair housing city” (See the sample “Public Notice”).
Work with local real estate brokers and mortgage lenders in reviewing mortgage credit
analysis and underwriting criteria.
Provide fair housing counseling programs that include information on fair housing rights and
the availability of housing in a variety of locations, emphasizing housing choice.
Modify local ordinances and land use measures in pursuit of housing opportunity.
Support a training and education program for real estate agents, housing managers, city
officials and others to increase knowledge of techniques for promoting economically and
racially integrated housing. They may also carry out promotional activities to initiate housing
proposals in areas outside those with a high proportion of lower-income persons.

HUD Equal Housing Opportunity
HUD Equal Housing Opportunity
Slogan
andand
Logo
Slogan
Logo

PUBLIC NOTICE
AFFIRMATIVE FAIR HOUSING POLICY
This notice is published pursuant to the requirements of Executive Order 11063 on equal opportunity
in housing and nondiscrimination in the sale or rental of housing built with federal assistance, and with
Title VIII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in the provision of
housing because of race, color, creed, religion, sex, national origin, disability or familial status.
The City of Charles City, Iowa, advises the public that it will administer its assisted programs and
activities relating to housing and community development in a manner to affirmatively further fair
housing in the sale or rental of housing, the financing of housing and the provision of brokerage
services.
The City of Charles City shall assist individuals who believe they have been subject to discrimination in
housing through the resources of the Iowa Civil Rights Commission or the U.S. Department of Housing
and Urban Development.
The City of Charles City has designated the Mayor as the contact to coordinate efforts to comply with
this policy. Inquiries should be directed to:
NAME:

Dean Andrews

OFFICE:

Mayor

ADDRESS:

900 Clark Street

CITY/STATE/ZIP CODE: _

Charles City, IA 50616

PHONE NUMBER:

(641) 257-6300

HOURS: __

Adopted by the

8:00 AM- 4:30 PM Monday through Friday

City of Charles City on the 16th day of November 2026

Dean Andrews, Mayor
Name, Title
_________________________________________________________________
Signature

Community Development Block Grant Subrecipient
Procurement Policies and Procedures
2 CFR 200.317 provides that subrecipients of a state that are administering federal funds will
follow sections 200.318 (General procurement standards) through 200.326 (Contract
provisions). However, 24 CFR 570.489(g), set out in full below, enables states that administer
Community Development Block Grant funds to adopt procurement standards other than those
set out in 2 CFR Part 200 for units of local government that are subrecipients of CDBG funds.
24 CFR 570.489 (g) Procurement: When procuring property or services to be
paid for in whole or in part with CDBG funds, the State shall follow its
procurement policies and procedures. The State shall establish requirements for
procurement policies and procedures for units of general local government,
based on full and open competition. Methods of procurement (e.g., small
purchase, sealed bids/formal advertising, competitive proposals, and
noncompetitive proposals) and their applicability shall be specified by the State.
Cost plus a percentage of cost and percentage of construction costs methods of
contracting shall not be used. The policies and procedures shall also include
standards of conduct governing employees engaged in the award or
administration of contracts. (Other conflicts of interest are covered by §
570.489(h).) The State shall ensure that all purchase orders and contracts
include any clauses required by Federal statutes, Executive orders, and
implementing regulations. The State shall make subrecipient and contractor
determinations in accordance with the standards in 2 CFR 200.330.
The State of Iowa, in its administration of the CDBG, hereby establishes the following
procurement standards for subrecipients of CDBG funding that are units of local government.
Procurement Standards
General (Replaces 2 CFR 200.318)
Subrecipients of the CDBG program must maintain oversight to ensure that contractors perform
in accordance with the terms, conditions, and specifications of their contracts or purchase
orders.
The subrecipient alone shall be responsible, in accordance with good administrative practice
and sound business judgment, for the settlement of all contractual and administrative issues
arising out of procurements. These issues include, but are not limited to, source evaluation,
protests, disputes, and claims. These standards do not relieve the subrecipient of any
contractual responsibilities under its contracts.
Conflicts of interest in awarding contracts (Replaces 2 CFR 200.318)
The subrecipient must maintain written standards of conduct covering and governing the actions
of its employees engaged in the selection, award and administration of contracts. No employee,
officer, or agent may participate in the selection, award, or administration of a contract
supported by a Federal award if he or she has a real or apparent conflict of interest. Such a
conflict of interest would arise when the employee, officer, or agent, any member of his or her
immediate family, his or her partner, or an organization which employs or is about to employ any
of the parties indicated herein, has a financial or other interest in or a tangible personal benefit
from a firm considered for a contract. The officers, employees, and agents of the subrecipient

may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors
or parties to subcontracts.
If the subrecipient has a parent, affiliate, or subsidiary organization that is not a state, local
government, or Indian tribe, the subrecipient must also maintain written standards of conduct
covering organizational conflicts of interest. Organizational conflicts of interest means that
because of relationships with a parent company, affiliate, or subsidiary organization, the
subrecipient is unable or appears to be unable to be impartial in conducting a procurement
action involving a related organization.
IEDA may terminate contracts with any CDBG subrecipient that violates this policy and may
require full repayment of funds issued to the subrecipient.
Best Cost (Replaces 2 CFR 200.318)
The subrecipient's procedures must avoid acquisition of unnecessary or duplicative items.
Consideration should be given to consolidating or breaking out procurements to obtain a more
economical purchase. Where appropriate, an analysis will be made of lease versus purchase
alternatives, and any other appropriate analysis to determine the most economical approach.
The subrecipient is encouraged to use value engineering clauses in contracts for construction
projects of sufficient size to offer reasonable opportunities for cost reductions. Value
engineering is a systematic and creative analysis of each contract item or task to ensure that its
essential function is provided at the overall lower cost.
Responsible Contractors (Replaces 2 CFR 200.318)
The subrecipient must award contracts only to responsible contractors possessing the ability to
perform successfully under the terms and conditions of a proposed procurement. Consideration
will be given to such matters as contractor integrity, compliance with public policy, record of past
performance, and financial and technical resources.
Awards must not be made to parties listed on the governmentwide Excluded Parties List System
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR
180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3
CFR Part 1989 Comp., p. 235), ‘‘Debarment and Suspension.’’ The Excluded Parties List
System in SAM contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
The subrecipient must maintain records sufficient to detail the history of procurement. These
records will include, but are not necessarily limited to the following:
1. rationale for the method of procurement
2. selection of contract type
3. contractor selection or rejection
4. the basis for the contract price.
Competition (Replaces 2 CFR 200.319)
All procurement transactions must be conducted in a manner providing full and open
competition consistent with the standards of this section. In order to ensure objective contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft
specifications, requirements, statements of work, or invitations for bids or requests for proposals
shall be excluded from competing for such procurements. IEDA will consider requests for
waivers of this provision. The subrecipient must make a sufficient showing that the number of
contractors that provide the goods or services is insufficient that it is necessary to not exclude
contractors that developed or drafted specifications, requirements, statements of work, or
invitations for bids or requests for proposals.

Examples restrictions on competition include but are not limited to:
1. Placing unreasonable requirements on firms in order for them to qualify to do
business;
2. Requiring unnecessary experience and excessive bonding;
3. Noncompetitive pricing practices between firms or between affiliated companies;
4. Noncompetitive contracts to consultants that are on retainer contracts;
5. Organizational conflicts of interest;
6. Specifying only a “brand name” product instead of allowing “an equivalent”
product to be offered and describing the performance or other relevant requirements
of the procurement; and
7. Any arbitrary action in the procurement process.
The subrecipient must conduct procurement in a manner that prohibits the use of statutorily or
administratively imposed state, local, or tribal geographical preferences in the evaluation of bids
or proposals, except in those cases where applicable Federal or State of Iowa law expressly
mandates or encourages geographic preference. Nothing in this section preempts state
licensing laws.
When contracting for architectural and engineering (A/E) services, geographic location may be a
selection criterion, provided that an appropriate number of qualified firms remain, given the
nature and size of the project, to compete for the contract.
The subrecipient must have written procedures for procurement transactions. These procedures
must ensure that all solicitations:
1. Incorporate a clear and accurate description of the technical requirements for the
material, product, or service to be procured. Such description must not, in
competitive procurements, contain features which unduly restrict competition. The
description may include a statement of the qualitative nature of the material, product
or service to be procured and, when necessary, must set forth those minimum
essential characteristics and standards to which it must conform if it is to satisfy its
intended use. Detailed product specifications should be avoided. When it is
impractical or not reasonably feasible to make a clear and accurate description of the
technical requirements, a “brand name or equivalent” description may be used as a
means to define the performance or other salient requirements of procurement. The
specific features of the named brand which must be met by offers must be clearly
stated; and
2. Identify all requirements which the offerors must fulfill and all other factors to be
used in evaluating bids or proposals.
Types of Procurement (Replaces 2 CFR 200.320-based on Iowa Code section 11.118)
1. Small: Estimated annual value does not exceed $5,000 and does not exceed
$15,000 for multiyear contracts: For supplies and services only. The subrecipient
does not need to solicit competitive quotations if the subrecipient considers the price
to be reasonable. To the extent practicable, the subrecipient must distribute such
procurement equitably among qualified suppliers.

2. Simple: Estimated annual value exceeds $5,000 but less than $50,000 per year
and does not exceed $150,000 for multiyear contracts: For non-engineering and
architectural services and supplies only. The subrecipient may use an informal
competitive selection process to engage a service provider. Informal selection
means price or rate quotations must be obtained from an adequate number of
qualified sources. The subrecipient may contact the prospective service providers in
person, by telephone, fax, email or letter. The subrecipient should solicit at least
three prospective service providers. The sub recipient must justify, to IEDA’s
satisfaction, contacting fewer than three service providers. The justification shall be
included in the contract file.
3. Professional: Estimated annual value exceeds $50,000 per year and exceeds
$150,000 for multiyear contracts: For supplies and services and ALL engineering
and architectural services, a subrecipient shall use a formal competitive
selection process to procure the goods or services.
4. Sealed bids: (formal advertising): The sealed bid method is the preferred
method for procuring construction. Bids are publicly solicited and a firm fixed price
contract (lump sum or unit price) is awarded to the responsible bidder whose bid,
conforming with all the material terms and conditions of the invitation for bids, is the
lowest in price. The procurement lends itself to a firm fixed price contract and the
selection of the successful bidder can be made principally on the basis of price. A
complete, adequate, and realistic specification or purchase description will be
developed before bidding.
The following requirements apply:
1. Bids must be solicited from an adequate number of known suppliers, providing
them sufficient response time prior to the date set for opening the bids, and the
invitation for bids must be publicly advertised (not required for nonprofit entities);
2. The invitation for bids, which will include any specifications and pertinent
attachments, must define the items or services in order for the bidder to properly
respond;
3. All bids will be opened at the time and place prescribed in the invitation for bids,
and the bids must be opened publicly;
4. The subrecipient shall enter into a firm fixed price contract award with the lowest
responsive and responsible bidder. Where specified in bidding documents, factors
such as discounts, transportation cost, and life cycle costs must be considered in
determining which bid is lowest. Payment discounts will only be used to determine
the low bid when prior experience indicates that such discounts are usually taken
advantage of; and
5. Any or all bids may be rejected if there is a sound documented reason.
Competitive Selection Process: The technique of competitive proposals is normally conducted
with more than one source submitting an offer, and either a fixed price or cost-reimbursement
type contract is awarded. It is generally used when a sealed bidding process is not appropriate.
If this method is used, the following requirements apply:

1. Requests for proposals must be publicized and identify all evaluation factors and
their relative importance. Any response to publicized requests for proposals must be
considered to the maximum extent practical;
2. Proposals must be solicited from an adequate number of qualified sources;
3. The subrecipient must have a written method for conducting technical
evaluations of the proposals received and for selecting recipients;
4. Contracts must be awarded to the responsible firm whose proposal is most
advantageous to the program, with price and other factors considered; and
5. The subrecipient may use competitive proposal procedures for qualificationsbased procurement of architectural/engineering (A/E) professional services whereby
competitors' qualifications are evaluated and the most qualified competitor is
selected, subject to negotiation of fair and reasonable compensation. The method,
where price is not used as a selection factor, can only be used in procurement of A/E
professional services. It cannot be used to purchase other types of services though
A/E firms are a potential source to perform the proposed effort.
Noncompetitive proposals: Procurement by noncompetitive proposals is procurement through
solicitation of a proposal from only one source and may be used only when one or more of the
following circumstances apply:
(1) The item is available only from a single source. This type of procurement is referred to
as sole-source procurement;
(2) The public exigency or emergency for the requirement will not permit a delay resulting
from competitive solicitation;
(3) The Federal awarding agency or pass-through entity expressly authorizes
noncompetitive proposals in response to a written request from the non-Federal entity; or
(4) After solicitation of a number of sources, competition is determined inadequate. This
type of procurement is referred to as single-source procurement.
Responsible unit: IEDA project managers verified via monitoring and/or state auditor
Targeted Small Businesses – Minority, Disabled, and Woman Owned
Businesses (Replaces 2 CFR 200.321)
The subrecipient must take all necessary affirmative steps to ensure that minority businesses,
women's business enterprises, businesses owned by disabled persons, and labor surplus area
firms are used when possible.
Affirmative steps must include:
(1) Placing qualified small and minority businesses, small women's business enterprises,
and small businesses owned by disabled persons on solicitation lists. Link to a directory of
Targeted Small Businesses in Iowa: https://iowaeda.microsoftcrmportals.com/tsb-search/;

(2) Ensuring that Targeted Small Businesses are solicited whenever they are potential
sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by Targeted Small Businesses;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by Targeted Small Businesses;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration, the Minority Business Development Agency of the Department of
Commerce and the Iowa Economic Development Targeted Small Business
Program https://www.iowaeconomicdevelopment.com/tsb; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps
listed in paragraphs (1) through (5) of this section.
Recycled Content and Products (Replaces 2 CFR 200.322)
When appropriate, specifications shall include requirements for the use of recovered materials
and products.
The specifications shall not restrict the use of alternative materials, exclude recovered materials,
or require performance standards that exclude products containing recovered materials unless
the subrecipient seeking the product can document that the use of recovered materials will
impede the intended use of the product.
Cost Analysis and Contract Price (Replaces 2 CFR 200.323)
The subrecipient must perform a cost or price analysis in connection with every procurement
action in excess of the small, simple and professional acquisition thresholds, including contract
modifications. The method and degree of analysis is dependent on the facts surrounding the
particular procurement situation, but as a starting point, the subrecipient must make
independent estimates before receiving bids or proposals.
The subrecipient must negotiate profit as a separate element of the price for each contract in
which there is no price competition and in all cases where cost analysis is performed. To
establish a fair and reasonable profit, consideration must be given to the complexity of the work
to be performed, the risk borne by the contractor, the contractor's investment, the amount of
subcontracting, the quality of its record of past performance, and industry profit rates in the
surrounding geographical area for similar work.
Costs or prices based on estimated costs for contracts under the Federal award are allowable
only to the extent that costs incurred or cost estimates included in negotiated prices would be
allowable for the subrecipient under 2 CFR 200.402 - 406.

The cost plus a percentage of cost and percentage of construction cost methods of contracting
shall not be used.
Review of Procurement Documents and Procurement System (Replaces 2 CFR 200.324)
The subrecipient must make available upon request pre-procurement review; procurement
documents, such as requests for proposals or invitations for bids; or independent cost
estimates, when:
1. Requested by IEDA;
2. The procurement is expected to exceed the small, simple and professional
acquisition thresholds and is to be awarded without competition or only one bid or
offer is received in response to a solicitation;
3. The procurement, which is expected to exceed the small, simple and
professional acquisition thresholds, specifies a “brand name” product;
IEDA Certification: The subrecipient may request that IEDA certify that its procurement system
meets these standards.
Self-certification: The subrecipient may self-certify its procurement system. Such selfcertification shall not limit IEDA’s right to review and survey the system. If a subrecipient selfcertifies its procurement system, the IEDA may rely on written assurances from the subrecipient
that it is complying with these standards. The subrecipient must cite specific policies,
procedures, regulations, or standards as compliant with these requirements and make its
system available for review.
Bonding (Replaces 2 CFR 200.325)
For construction or facility improvement contracts or subcontracts for public improvement
projects and multi-family residential buildings, the minimum requirements shall be as follows:
a. A bid guarantee from each bidder equivalent to five percent of the bid price. The
“bid guarantee” must consist of a firm commitment such as a bid bond, certified
check, or other negotiable instrument accompanying a bid as assurance that the
bidder will, upon acceptance of the bid, execute such contractual documents as may
be required within the time specified.
b. A performance bond for 100 percent of the contract price. A “performance bond”
is one executed in connection with a contract to secure fulfillment of all the
contractor's obligations under such contract.
c. A payment bond for 100 percent of the contract price. A “payment bond” is one
executed in connection with a contract to ensure that the contractor will pay as
required by law all persons supplying labor and material in the execution of the work
provided for in the contract.

The subrecipient may petition IEDA to accept its bonding policy, provided that IEDA has made a
determination that the Federal interest is adequately protected.
Recipients are expected to comply with all state requirements regarding bonding requirements
for public improvement projects: https://www.legis.iowa.gov/docs/code/2019/573.pdf
Recipients should consult with their legal counsel to determine how state requirements may
impact their CDBG project.
Contract Provisions (Replaces 2 CFR 200.326)
The subrecipient’s contracts must contain the applicable provisions set out in Appendix II of the
CDBG Management Guide

ACKNOWLDEGEMENT AND ADOPTION
As a recipient of Community Development Block Grant (CDBG) funds, the City of Charles City
adopts the State of Iowa’s CDBG Procurement Policies and Procedures and agrees to apply all
policies and procedures to CDBG funded projects within Charles City.

Adopted by the City of Charles City on the 16th day of November 2026.

Chief Elected Official:
Dean Andrews, Mayor_____________________________________________________
Typed/printed name, Title
_________________________________________________________________
Signature

POLICY ON THE PROHIBITION OF THE USE OF EXCESSIVE FORCE
WHEREAS, the City of Charles City has received federal funding through the Community
Development Block Grant (CDBG) program; and,
WHEREAS, Section 519 of the Department of Veteran Affairs and U.S. Department of
Housing and Urban Development, and Independent Agencies Appropriations Act of 1990
requires that all CDBG recipients adopt and enforce a policy to prohibit the use of
excessive force by law enforcement agencies within the recipient’s jurisdiction against
any individuals engaged in non-violent civil rights demonstrations; and
WHEREAS, all recipients of CDBG funds are further required to follow a policy of
enforcing applicable state and local laws against physically barring entrances or exits to
a facility that is the subject of a nonviolent protest demonstration; and
WHEREAS, the City of Charles City endorses a policy prohibiting the use of excessive
force and will inform all law enforcement agencies within its jurisdiction of this policy,
NOW, THEREFORE, BE IT RESOLVED, the City of Charles City hereby prohibits any
law enforcement agency operating within its jurisdiction from using excessive force
against any individuals engaged in nonviolent civil rights demonstrations. In addition, the
City of Charles City agrees to enforce any applicable state or local laws against physically
barring entrances or exits from a facility or location that is the subject of a non-violent
protest demonstration. The City of Charles City further pledges enforcement of this policy
within its jurisdiction and encourages any individual or group who feels that the City of
Charles City has not complied with this policy to file a complaint.
Information and assistance relative to excessive force complaints shall be provided by
Brittney Lentz, City Clerk, (641) 257-6300.
Adopted by the City Council of the City of Charles City, Iowa, this 16th day of November
2026.
Dean Andrews, Mayor

RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE
PLAN
This Residential Anti-displacement and Relocation Assistance Plan (RARAP) is prepared by the
City of Charles City in accordance with the Housing and Community Development Act of 1974, as
amended; and HUD regulations at 24 CFR 42.325 and is applicable to our CDBG -assisted projects.
Minimize Displacement
Consistent with the goals and objectives of activities assisted under the Act, the City of Charles City
will take the following steps to minimize the direct and indirect displacement of persons from their
homes:
▪ Coordinate code enforcement with rehabilitation and housing assistance programs.
▪ Evaluate housing codes and rehabilitation standards in reinvestment areas to prevent undue
financial burden on established owners and tenants.
▪ Stage rehabilitation of apartment units to allow tenants to remain in the building/complex during
and after the rehabilitation, working with empty units first.
▪ Arrange for facilities to house persons who must be relocated temporarily during rehabilitation.
▪ Adopt policies to identify and mitigate displacement resulting from intensive public investment
in neighborhoods.
▪ Adopt policies which provide reasonable protections for tenants faced with conversion to a
condominium or cooperative.
▪ Adopt tax assessment policies, such as deferred tax payment plans, to reduce impact of
increasing property tax assessments on lower income owner-occupants or tenants in revitalizing
areas.
▪ Establish counseling centers to provide homeowners and tenants with information on assistance
available to help them remain in their neighborhood in the face of revitalization pressures.
▪ Where feasible, give priority to rehabilitation of housing, as opposed to demolition, to avoid
displacement.
▪ If feasible, demolish or convert only dwelling units that are not occupied or vacant occupiable
dwelling units (especially those units which are “lower-income dwelling units” (as defined in 24
CFR 42.305).
▪ Target only those properties deemed essential to the need or success of the project.
Relocation Assistance to Displaced Persons
The City of Charles City will provide relocation assistance for lower-income tenants who, in
connection with an activity assisted under the CDBG and/or HOME Program[s], move permanently
or move personal property from real property as a direct result of the demolition of any dwelling unit
or the conversion of a lower-income dwelling unit in accordance with the requirements of 24 CFR
42.350. A displaced person who is not a lower-income tenant, will be provided relocation assistance
in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, and implementing regulations at 49 CFR Part 24.
One-for-One Replacement of Lower-Income Dwelling Units
The City of Charles City will replace all occupied and vacant occupiable lower-income dwelling units
demolished or converted to a use other than lower-income housing in connection with a project
assisted with funds provided under the CDBG Program in accordance with 24 CFR 42.375.

Before entering into a contract committing the City of Charles City to provide funds for a project that
will directly result in demolition or conversion of lower-income dwelling units, City of Charles City
will make public by publication in a newspaper of general circulation and submit to the Iowa
Economic Development Authority (IEDA) the following information in writing:
1. A description of the proposed assisted project;
2. The address, number of bedrooms, and location on a map of lower-income dwelling units that will
be demolished or converted to a use other than as lower- income dwelling units as a result of an
assisted project;
3. A time schedule for the commencement and completion of the demolition or conversion;
4. To the extent known, the address, number of lower-income dwelling units by size (number of
bedrooms) and location on a map of the replacement lower-income housing that has been or will
be provided. NOTE: See also 24 CFR 42.375(d).
5. The source of funding and a time schedule for the provision of the replacement dwelling units;
6. The basis for concluding that each replacement dwelling unit will remain a lower-income dwelling
unit for at least 10 years from the date of initial occupancy; and
7. Information demonstrating that any proposed replacement of lower-income dwelling units with
smaller dwelling units (e.g., a 2-bedroom unit with two 1-bedroom units), or any proposed
replacement of efficiency or single-room occupancy (SRO) units with units of a different size, is
appropriate and consistent with the housing needs and priorities identified in the HUD-approved
Consolidated Plan and 24 CFR 42.375(b).
To the extent that the specific location of the replacement dwelling units and other data in items 4
through 7 are not available at the time of the general submission, the City of Charles City will identify
the general location of such dwelling units on a map and complete the disclosure and submission
requirements as soon as the specific data is available.
Replacement not Required Based on Unit Availability
Under 24 CFR 42.375(d), the City of Charles City may submit a request to IEDA for a determination
that the one-for-one replacement requirement does not apply based on objective data that there is
an adequate supply of vacant lower-income dwelling units in standard condition available on a nondiscriminatory basis within the area.
Contacts
The City of Charles City, Office of the City Clerk, (641) 257-6300 is responsible for tracking the
replacement of lower income dwelling units and ensuring that they are provided within the required
period. The City of Charles City, is responsible for providing relocation payments and other
relocation assistance to any lower-income person displaced by the demolition of any dwelling unit
or the conversion of lower-income dwelling units to another use.
Adopted by the City Council of the City of Charles City this 16th day of November 2026.
Signed:
Dean Andrews, Mayor

Attest:
Brittney Lentz, City Clerk

City of Charles City
900 Clark Street, Charles City, Iowa 50616
Phone: 641-257- 6300 | Fax: 641
- 257- 6331 | Website: cityofcharlescity.org

The City of Charles City hereby appoints Christopher A. Diggins, Local Assistance Director of the
North Iowa Area Council of Governments (NIACOG) as the Labor Compliance Officer for the
Charles City Water System Improvement Project, #26-WS-019.

_____________________________
Dean Andrews, Mayor
Charles City, Iowa

SIGNATURE AUTHORIZATION FOR ALTERNATE SIGNATORS

Iowa Economic Development Authority
1963 Bell Avenue, Suite 200
Des Moines, IA 50315
RE:

Contract Number:
Recipient:

#26-WS-019
City of Charles City

In the event that the Chief Elected Official (CEO) is unable to sign project related
correspondence for the Recipient’s above referenced contract, the following alternates
are designated below. The signatures attested below are effective as of: November 16,
2026.

Sincerely,

Dean Andrews, Mayor/CEO

Brittney Lentz, City Clerk
Signatory # 1

Witness

Certification of Compliance
CDBG Procurement Standards

City Charles City

CDBG Applicant/Recipient: _________________________

2026

Application year: ____________________
2 CFR 200.319 Competition.
(a) All procurement transactions must be conducted in a manner providing full and
open competition consistent with the standards of this section. In order to ensure
objective contractor performance and eliminate unfair competitive advantage,
contractors that develop or draft specifications, requirements, statements of work,
and invitations for bids or requests for proposals must be excluded from
competing for such procurements. Some of the situations considered to be
restrictive of competition include but are not limited to:
(1) Placing unreasonable requirements on firms in order for them to qualify to do
business;
(2) Requiring unnecessary experience and excessive bonding;
(3) Noncompetitive pricing practices between firms or between affiliated
companies;
(4) Noncompetitive contracts to consultants that are on retainer contracts;
(5) Organizational conflicts of interest;
(6) Specifying only a “brand name” product instead of allowing “an equal” product
to be offered and describing the performance or other relevant requirements of the
procurement; and
(7) Any arbitrary action in the procurement process.
I certify that I am the chief elected official and that the community listed above did
not violate the above competition statue when competitively procuring engineering
or administrative services as part of the potential CDBG award.
Signature: _____________________________

Dean Andrews
November 16, 2026
Date: _________________________________

Printed Name: ___________________________

CODE OF CONDUCT
PURPOSE
The purpose of this Code of Conduct is to ensure the efficient, fair, and professional administration of
federal grant funds in compliance with the procurement policy and other applicable federal and state
standards, regulations, and laws.
APPLICATION
This Code of Conduct applies to all officers, employees, or agents of the City of Charles City, Iowa
engaged in the award or administration of contracts supported by federal grant funds.
REQUIREMENTS
No officer, employee, or agent of the City of Charles City shall participate in the selection, award, or
administration of a contract supported by federal grant funds, if a conflict of interest, real or apparent,
would be involved. Such a conflict would arise when:
a. The employee, officer, or agent;
b. Any member of his/her immediate family;
c. His/her partner; or
d. An organization which employs, or is about to employ any of the above; or,has a financial or
other interest in the firm selected for award.
Officers, employees, or agents of the City of Charles City shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, potential contractors, or subcontractors.
FRAUD, WASTE AND ABUSE
The City of Charles City has zero tolerance for the commission or concealment of acts of fraud, waste
or abuse. All officers, employees, or agents shall notify the Mayor of suspected actions. Allegations
of such acts will be investigated and pursued to their legal conclusion, including legal action where
warranted. Concerns may be reported to:
Dean Andrews, Mayor
(641) 257-6300
City Clerk’s Office, 900 Clark Street, Charles City, IA 50616
REMEDIES
To the extent permitted by federal, state, or local laws or regulations, violation of these standards may
cause penalties, sanctions, or other disciplinary actions to be taken against the City of Charles City’s
officers, employees, or agents, or the contractors, potential contractors, subcontractors, or their
agents.
Passed and adopted this 16th day of November 2026.
Dean Andrews, Mayor
ATTEST:

Brittney Lentz, City Clerk

MEETING DATE:

11/16/2026

AGENDA ITEM SUMMARY
Subject: Authorizing Internal Advance for the Economic Development Local
Business Support Program
__________________________________________________________________________
Background Summary:
The City Council previously authorized the Economic Development Local Business Support Program as an
eligible urban renewal project within the South Grand Urban Renewal Area. To provide funding for the
program while preserving the City's ability to recover eligible expenditures through Tax Increment Financing
(TIF), an internal advance from the General Fund is necessary.
The proposed resolution, prepared by Dorsey & Whitney LLP, authorizes an internal advance of up to
$60,000 from the General Fund to cover a portion of the program's costs. This arrangement allows the City
to initially finance program expenditures using existing General Fund resources and subsequently reimburse
the General Fund using incremental property tax revenues generated within the South Grand Urban
Renewal Area.
Unlike traditional borrowing, the internal advance does not involve an outside lender or interest expenses.
The resolution establishes the City's intent to reimburse the General Fund in one or more installments by
June 30, 2028. However, repayment is contingent upon the availability of TIF revenues and the City
Council's annual appropriation of those funds.
Establishing the internal advance is an important procedural step to ensure that eligible program
expenditures can be recovered through TIF rather than remaining a permanent expense of the General
Fund.
Under Iowa Code Section 403.19, the City must certify the original amount of the advance to the Floyd
County Auditor by December 1, 2026. Approval of the resolution will authorize staff to complete the required
certification.

Staff Recommendation:
Staff recommends approval of the resolution authorizing an internal advance of up to $60,000 from the General
Fund for the Economic Development Local Business Support Program within the South Grand Urban Renewal
Area, with repayment from available TIF revenues as provided in the resolution.

RESOLUTION NO. 163-26

RESOLUTION AUTHORIZING INTERNAL ADVANCE FOR FUNDING OF URBAN
RENEWAL PROJECT (ECONOMIC DEVELOPMENT LOCAL BUSINESS SUPPORT
PROGRAM)
WHEREAS, the City of Charles City, Iowa (the “City”), has previously established
the South Grand Urban Renewal Area (the “Urban Renewal Area”) and has established
the South Grand Urban Renewal Area Tax Increment Revenue Fund (the “Tax Increment
Fund”) in connection therewith; and
WHEREAS, the City has authorized the Economic Development Local Business
Support Program (the “Program”) as an urban renewal project in the Urban Renewal
Area; and
WHEREAS, certain costs (the “Program Costs”) have been and will be incurred in
connection with the carrying out of the Program; and
WHEREAS, in order to cover a portion of the Program Costs and to make such
Program Costs eligible to be recouped from incremental property tax revenues, it is
necessary to facilitate an internal advance of funds;
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Charles
City, Iowa, as follows:
Section 1.
It is hereby directed that an amount not in excess of $60,000 (the
“Advance”) be advanced from the General Fund (the “Source Fund”) in order to fund a
portion of the costs of the Program. The Advance shall be repaid to the Source Fund,
without interest thereon, out of incremental property tax revenues received with respect
to the Urban Renewal Area.
It is intended that the Advance shall be repaid to the Source Fund in one or more
annual installments by June 30, 2028, provided, however, that repayment of the
Advance is subject to the determination of the City Council that there are incremental
property tax revenues available for such purpose which have been allocated to or
accrued in the Tax Increment Fund relative to the Advance, and the City Council
reserves the right to appropriate funds to the repayment of the Advance, or to withhold
such appropriation at its discretion.
Section 2.
A copy of this Resolution shall be filed in the office of the County
Auditor of Floyd County, Iowa to evidence the Advance. Pursuant to Section 403.19 of
the Code of Iowa, the City Clerk is hereby directed to certify to the Floyd County
Auditor, no later than December 1, 2026, the original amount of the Advance.
Section 3.
All resolutions or parts thereof in conflict herewith are hereby repealed, to
the extent of such conflict.
COUNCIL MEMBER
Resolution;

moved for the adoption of the foregoing

COUNCIL MEMBER
voting was as follows:

seconded the motion to adopt, and on roll call the

AYES:
NAYS:
Passed and approved this 16th day of November, 2026.

Dean Andrews, Mayor

Attest:
Brittney Lentz, City Clerk

_____

MEETING DATE:

11/16/2026

AGENDA ITEM SUMMARY
Subject: Res 164-26 Pay Request to Kingland Construction Services, LLC
__________________________________________________________________________
Background Summary:
The City Hall/Police Department Renovation Project is substantially complete, with several outstanding items
remaining to be addressed by Kingland Construction Services, LLC and its subcontractors.
On October 20, representatives from Bergland + Cram, the City's architectural firm, conducted an additional
walkthrough of the facility with City staff and Mayor Andrews to review outstanding construction and
warranty-related items. Kingland Construction has been notified of these concerns and is coordinating with
its subcontractors to complete the necessary corrections.
Bergland + Cram has identified nine outstanding items, including adjustments to windows, repairs to exterior
finishes, drainage concerns near the front entrance, and other miscellaneous corrections. The estimated cost
to address these items totals $12,423. Additional warranty-related concerns have also been identified and
are being addressed separately.
Financial Considerations
The City currently has two outstanding payment applications from Kingland Construction totaling $66,802.41.
However, because certain items remain unresolved, a portion of these funds will continue to be withheld until
the remaining work is satisfactorily completed.
Under Iowa Code Chapter 573, the City may generally withhold up to 200% of the estimated cost of
remaining work. Based on the architect's current assessment, this amount would equal $24,846.
Following discussions between the City, Bergland + Cram, and Kingland Construction, an agreement has
been reached to retain $40,000 of the outstanding balance at this time, allowing an interim payment of
$26,802.41. This arrangement provides additional time to address the remaining items while allowing a
portion of the outstanding payment to proceed.
Prior to subsequent payments, staff and the architect will reassess the outstanding work and determine an
appropriate amount of retainage consistent with applicable state law.

Staff Recommendation:
Staff recommends approval of Pay Request No. 21 in the amount of $26,802.41 through adoption of Resolution
No. 164-26. The remaining balance will be addressed as outstanding construction items are completed.

RESOLUTION NO. 164-26

R ESOLUTI ON AUTHOR I ZI NG P AYM ENT R EQUEST NO. 21 TO K I NGLAND
CONSTR UCTI ON SER VI CES FOR THE P AR TI AL R ELEASE OF R ETAI NAGE FOR
THE CI TY HALL/ P OLI CE DEP AR TM ENT RENOVATI ON P R OJECT
WHEREAS, the City of Charles City entered into a contract with Kingland
Construction Services, LLC for the City Hall/Police Department Renovation Project; and
WHEREAS, the project has reached substantial completion, with certain
outstanding construction and warranty-related items remaining to be addressed by
Kingland Construction Services and its subcontractors; and
WHEREAS, Bergland + Cram, the City's architectural firm, has identified nine
outstanding construction items requiring correction, with an estimated cost of $12,423;
and
WHEREAS, the City currently has two outstanding payment applications from
Kingland Construction Services totaling $66,802.41; and
WHEREAS, following discussions between the City, Bergland + Cram, and
Kingland Construction Services, an agreement has been reached to retain $40,000 of
the outstanding balance and authorize a partial release of retainage in the amount of
$26,802.41; and
WHEREAS, Kingland Construction Services remains responsible for completing all
outstanding construction, punch-list, and warranty-related items in accordance with the
project contract; and
WHEREAS, the City Council has reviewed the request and finds it appropriate to
approve the partial release of retainage, with the remaining balance to be addressed as
outstanding construction items are satisfactorily completed and in accordance with
applicable state law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Charles City,
Iowa, as follows:
1. That Payment Request No. 21 for the City Hall/Police Department Renovation
Project, in the amount of $26,802.41, for the partial release of retainage to
Kingland Construction Services, LLC, is hereby approved.
2. That the City shall continue to withhold $40,000 of the outstanding balance
pending satisfactory completion of the remaining construction items and further
review by City staff and the architect, subject to applicable state law.
3. That the City Clerk is hereby authorized to process payment to Kingland
Construction Services, LLC in accordance with the contract documents.
COUNCIL MEMBER
COUNCIL MEMBER
voting was as follows:

moved for adoption of the foregoing Resolution;
seconded the motion to adopt, and on roll call the

AYES:
NAYS:
Passed and approved this 16th day of November, 2026.

Attest:
_______________________________
Brittney Lentz, City Clerk

________________________________
Dean Andrews, Mayor

MEETING DATE:

November 16, 2026

AGENDA ITEM SUMMARY
Subject: Payment Request No. 2 to Popp Excavating, Inc. – 2026
North Grand Avenue CPKC Railroad Crossing Improvement Project.
Recommendation: Approve Resolution No. 165-26
______________________________________________________________________
Background Summary:

Mark A. Crawford

Attached is the second payment request from Popp Excavating for expenses incurred
related to the 2026 North Grand Avenue CPKC Railroad Crossing Improvement
Project. Payment request No. 2 is in the amount of $61,997.25
This payment represents work completed at the end of August related to sanitary
sewer investigation and sanitary sewer lining, all part of the original project.
I have reviewed this pay application with the contractor and recommend approval
of the payment.

CITY OF CHARLES CITY

APPLICATION AND CERTIFICATE FOR PAYMENT
TO OWNERI
City of Charles Cjty
900 Clark Street
Charles City, tA 50616
FRo[4 CONTRACTOR:

PROJECT:
2026 North Grand Avenue CpKC
Streel
City. State. Zip
VIA ARCHITECT;

Popp Excavating. lnc.

1

CONTRACT FOR] 2026 North Grand Avenue CPKC

Distribution to:

Aug 31 2026
Owner
Const. Mgr

'18 3rd

Ave NE

Raiiroad Crossinq improvement Protect

CONTPACTOR'S APPLICATION FOR PAYMENT
Applicatron is made ior paymeflt, 6 sho,.m betow in connstion

Sh€t ts attached

512.311 .70
s

3. CONTRACT SUM TO OATE (Line 1 +/.2)
4. TOTAL COMPLETED & STORED TO DATE.$
(Coiufrn G on Ccntinuation

The undersigned Contractar certifies thsr to the bst
of the Contrsctor,s knodedge. inlometis and
be,]ef the !(ro* coverd by this Ap,DlicaUon for payment
has beffi conlpleted in accordatrce Hth the
Conaacl D@uments. that all amounts hsve ben paid
by the Contractor lor i4rork lor Fhtch previes
Cerlificales for Palment (ere issued aM palments rrcetved
frm the O,ner and that curenl palment
shown therein !s now due

qth tfie Conkact.

1. ORIGtNAL CONTRACT SUM-_.----.--_-----..---,
2. Net change by Change Orders--.-____*.!

512.311.70

S

Sh*tt

slate of:

a.3.0% ofCompletedwork
(ColumnS D+E on Continuation Sheet)

County of:

-----l

$f--

1

08,1 69.25

in

TOTAI
NET CHANGES by Change Order

46.172.00
61,997.25

S

6)

ORDER SUMMARY-

of

3,345.45

S

7. LESS PREVIOUS C ERTIFICATES FOR PAYMENT

DUE*--.---*-----

(,

to

Notary Public:

6. TOTAL EARNEO LESS RETAINAGE-......-..
(Line 4 less Line 5 Total)

{Line 6 from prior Certjficate
8. CURRENT PAYMENT
9, BALANCE TO FINISH, INCLUDING RETAINAGE
(Line 3 less Line
$

lovla

I4-ii;6;,l--

Subscribed
me this

b. 3.0% of Stored Materiai

(Column F on Continuation Sheet)
Totar Retatnage lLrne 5a . 5b or
Total in Column I of Continuation Sheet-____-

Date:Jurir \A- CcQG

By:

11 1 ,514.70

5. RETAINAGE:

-CHANGE

2 PAGES

2

CraMord Englneering-surveying

Osage lA 50461

changes

PAGE ONE OF

CONTRACTDATET O3/16/26

lndependence. lA 00644

2198 350rh sr.

Continuation

APPLICATION #:
PERIOD TO:
PROJEC'I NOS:

ADOITIONS

lo accordance vith contract Dmuments, based on ffi-sile observations
and tiE data compfising
applicalion. the Architst €rtifaes to the omer that to the bst or
the Architecfs kno,+,{edge irformation
and belief the Work has progressed as indictsd. the quality of the /r,ork
is in rccryOance *ith Ur
Contract Dmuments. and lhe Conkactor is sl,t,ed to paynEnt of
the AMOUNT CERTjFIED

AMOUNT GERTTFIED
444.1 42.45

UTDUCTIONS

$61,997.25

(Afach explanatrcn I anrcuit cefttied dlffers ton the amauni
applted far. ioittat alt fqures on th$
application and on the Caotinuation Shet that are clrcoged to canfo.m
la the afrounf cetlified.)

ARCHITECT:
By.

Date

11/12/2026

r."iinlililIiI-

This ceniltcate is nol negotiable. The AMoUNT CERTIF|ED is payable
only to
herein lssuance, payment and acceptance of paffiert are Hithout prejudice to any rigltts
of the Owner
of Contactor undet thts Contrel.

#t
t-Er
,0tr

A BEN !.
xptre s

2A29

ot
PROJECT:
2026 North Grand Avenue CPKC
Street

APPLiCATTON DATE:
PERTOD TOI

Aug 31 2026
Aug 31 2426

ARCHITECT,S PRO.JECT NO:

No.

Value

Presently
Stored
{Not ln

Application

(D+El

D

1

2

Removal

3

RR Siding Tracks

4

Subbase

5

6
7

8

I
10

Subdrain
Subdrain Cleanout
Steel Casing Pipe Jack and Bore
PVC Water Main
12" DlP Water Main with Nitrite Gaskets
Gate Valve with Box

11

1'
13

14
15
16
11

to
19
2A

Sewer CIPP Lining
Sewer Examination

Excavation
Manhole Adiustment
PCC Street pavement
PCC Driveway pavement
Sidelyalk Pavemeht
Warning Surface
Fertilizing, Mutching

21
22

)1
25
AA

27
28

Rallroad Crossing Approach
Railroad Crossing Approach
and Seeding
Existing 4" Water Main
Protective lnsurance
Compaction Testing

Completed
And Stored
To Date
+

(lf Variabte
Rate)

13.650 00

12 486.50
37.680.50
1 .234.20
2.000.00
6.640 00
86.020 00
5.362.50
20.295 00

4.800.00
2,056 00
83.500.00
15.203 00
21,710.00
23.540.00
1 2.486 50

37.680.50

37.680.50

1.234 20

1.234.2A

1.130.42
?7 n1

2.000 00
6,040.00
86,020.00
5,362.50
20,295 00

2.024.O0

2.024.AA

1 680.00

27.000 00

1.680.00

27 000 00

810 00
5,310.00
3.300 00
2,880.00

1.100.00

9.415.00

(c-c)

27.750.00
3.500.00

2 056.00
83.500.00
15.203.00
21 .710.00
23.540.00

5 600.00

To Finish

+

27 75A.00
3 500 00
13.650.00
4.800.00

27 000.00
5.310.00
3,300.00
2.880.00

(G/c)

1

5 600 00

,.100.00

5.600.00

168.00

9,415.00

3of

TO

PROJECT:
2026 North Grand Avenue CpKC
Street

AppLlcATroN oATE: Aug 31 2026
pERtoD Tor Aug 31 2026
ARCH'IECT'S PROJECT NO:

C
Scheduled
Value

Item
No.

D

From Previous

E

mPleted
This Period

Application

(D+E)
29

Traffic Control

30

F

Materials
Stored
(Not ln

Total
Completed
And Stored
To Oate

DorE)

(D+E+F)

Pressntly

3.025.00
52 850.00

15.000.00

31

25.000_00

40.000.00

{Grc}

H

I

Balance
To Finish

Retainage
(lf Variabte

(c-G)

Rate)

3,025.00
12,850.00

1 200.00

33
34
35
36
37
38
39
4U
41

42
43
44
45
46
47
48

49
51

54
55

SUBTOTALS PAGE 3

512.311.70

47.600.00

63.914.70

111

70

797 00

3.345.45

RESOLUTION NO. 165-26

R ESOLUTI ON AP P R OVI NG P AYM ENT R EQUEST NO. 2 TO P OP P
EXCAVATI NG, I NC. FOR THE 2026 NORTH GR AND AVENUE CP K C
R AI LR OAD I M P R OVEM ENT P R OJECT
WHEREAS, the City of Charles City entered into a contract with Popp
Excavating, Inc. for the 2026 North Grand Avenue CPKC Railroad Crossing
Improvement Project; and
WHEREAS, Popp Excavating, Inc. has submitted Payment Request No. 2 in
the amount of $61,997.25 for work completed on the project, including sanitary
sewer investigation and sanitary sewer lining; and
WHEREAS, the City's Engineer, Crawford Engineering & Surveying, Inc.,
has reviewed the payment request and recommends approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Charles City, Iowa, that Payment Request No. 2 to Popp Excavating, Inc. in the
amount of $61,997.25 for the 2026 North Grand Avenue CPKC Railroad Crossing
Improvement Project is hereby approved and payment authorized.
COUNCIL MEMBER
resolution;

moved for the adoption of the foregoing

COUNCIL MEMBER
the voting was as follows:

seconded the motion to adopt, and on roll call

AYES:
NAYS:
Passed and approved this 16th day of November, 2026.

_______________________________
Dean Andrews, Mayor
Attest:
________________________________
Brittney Lentz, City Clerk

MEETING DATE:

11/16/2026

AGENDA ITEM SUMMARY
Subject: Agreement with CBA for 2027 Bridge Inspection Services
__________________________________________________________________________
Background Summary:
The City has received a professional services agreement from Calhoun-Burns & Associates, a Kleinfelder
Company, for the City's 2027 Bridge Inspection Program. These inspections are necessary to monitor the
structural condition of City-owned bridges, identify potential maintenance and safety concerns, and maintain
compliance with applicable Iowa Department of Transportation (DOT) and Federal Highway Administration
(FHWA) requirements.
Under the proposed agreement, Calhoun-Burns & Associates will provide the following services:
•

Routine Bridge Inspections: Conduct visual inspections and prepare reports for seven (7) bridges,
including the Main Street, 1st Avenue, Cleveland Street, Gilbert Street, Clark Street Pedestrian,
Milwaukee Mall Pedestrian, and Charley Western Pedestrian bridges.

•

Channel Cross-Section Analysis: Obtain updated channel cross-section measurements for four (4)
bridges and upload the information into the State's Structure Inventory and Management System
(SIIMS).

•

Load Rating and Permit Analysis: Provide ongoing emergency vehicle and overweight permit
analysis, load ratings, and coordination for six (6) bridges, including updates to Iowa Legal Rating
Truck calculations and certifications as required.

These services will assist the City in maintaining accurate bridge condition records, evaluating structural
limitations, and identifying necessary maintenance or improvements.
The agreement establishes $4,500 for Routine Bridge Inspections and Reporting and $3,000 for Channel
Cross-Section Analysis and SIIMS Updates,
Additional services related to emergency vehicle and overweight permit analysis will be billed at the firm's
established hourly rates. The agreement does not establish a maximum cost for these services, so the City's
total expenditure may exceed the $7,500 fixed fee.

Staff Recommendation:
Staff recommends that the City Council approve the professional services agreement with Calhoun-Burns &
Associates, for the 2027 Bridge Inspection Program, with a fixed cost of $7,500 plus applicable hourly charges
for additional services.

RESOLUTION NO. 166-26

RESOLUTION APPROVING AGREEMENT WITH CALHOUN-BURNS AND
ASSOCIATES FOR 2027 BRIDGE INSPECTION SERVICES
WHEREAS, the City of Charles City is responsible for maintaining and
inspecting bridges within its jurisdiction in accordance with applicable state and
federal requirements; and
WHEREAS, Calhoun-Burns and Associates, a division of Veenstra & Kimm,
Inc., has submitted an agreement to provide professional engineering services
for the City's 2027 Bridge Inspection Program; and
WHEREAS, the agreement includes routine visual inspections of seven (7)
bridges at a cost of $4,500.00, channel cross-section measurements and
reporting for four (4) bridges at a cost of $3,000.00, and ongoing emergency
vehicle and overweight permit analysis and rating services at the engineer's
current hourly rates; and
WHEREAS, the City Council finds it appropriate to approve said agreement
to ensure compliance with applicable bridge inspection requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CHARLES CITY, IOWA, that the agreement with Veenstra & Kimm, Inc.,
d/b/a Calhoun-Burns and Associates, for the 2027 Bridge Inspection Program is
hereby approved, and the City Administrator is authorized to execute the
agreement on behalf of the City.
COUNCIL MEMBER
Resolution;

moved for the adoption of the foregoing

COUNCIL MEMBER
the voting was as follows:

seconded the motion to adopt, and on roll call

AYES:
NAYS:
Passed and approved this 16th day of November, 2026.

Dean Andrews, Mayor
Attest:

Brittney Lentz, City Clerk

_____

MEETING DATE: 11/16/2026

AGENDA ITEM SUMMARY
Subject: Consider Motion Approving the FY26 Street Finance Report
__________________________________________________________________________
Background Summary:
The FY26 Street Finance Report provides a summary of the City's street-related revenues
and expenditures for July 1, 2025, through June 30, 2026. The report is submitted annually
to the Iowa Department of Transportation and includes information on street maintenance,
repairs, improvements, equipment, debt payments, and funding sources.
For FY26, the City reported total revenues of $3,283,832 and total expenditures of
$3,517,143, including transfers. Some of the larger expenses included street preservation
projects, street lighting, traffic control, equipment, and debt payments.
The report also includes information on outstanding street-related debt, City-owned Street
equipment, and major street projects. The 2024 Main Street Rehabilitation Project and
2021 Highway 18/4th Avenue resurfacing project are included in this year's report because
final payments for both projects were made during FY26.
The City's total ending balance across the reported street-related funds was $1,938,183 as
of June 30, 2026.
The completed report is attached for Council review and approval before submission to the
Iowa DOT.
Staff Recommendation:
Staff recommends that the City Council approve the FY26 Street Finance Report as
presented and authorize its submission to the Iowa Department of Transportation.

Fiscal Year 2026

City Street Finance Report

Charles City

Bureau of Local Systems

11/12/2026 8:04:11 PM

Ames, IA 50010

Expenses
General
Fund
Streets
(001)
Salaries - Roads/Streets

Road
Use
(110)

$5,227

Benefits - Roads/Streets

Other
Special
Revenues

Debt
Service
(200)

Capitial
Projects
(300)

$374,139

Utilities
(600 & U0)

Grand
Total
$379,366

$4,050

$194,741

$198,791

$14,178

$59,015

$73,560

Vehicle & Office Equip
Operation and Repair

$74,983

$112

$75,095

Street Lights

$186,179

Building & Grounds Maint.
& Repair

Insurance

$367

$23,194

$186,179
$17,999

$41,193

Medical

$1,087

$1,087

Technology Expense

$1,188

$1,188

Other Professional
Services
Other Contract Services

$69,905

$42,671

Minor Equipment
Purchases
Office Supplies

$2,257

$59,590

$59,590

$8,430

$123,263

$64

$64

$339

$339

Operating Supplies

$15,951

$15,951

Postage & Safety

$8,846

Replacement Posts &
Signs

$1,567

Other Capital Equipment

$81,111

$44

$8,890
$1,567

$41,450

Bridges & Culverts

$122,561
$59,590

Page 1 of 8

$59,590

Fiscal Year 2026

City Street Finance Report

Charles City

Bureau of Local Systems

11/12/2026 8:04:11 PM

Ames, IA 50010
General
Fund
Streets
(001)

Road
Use
(110)

Other
Special
Revenues

Debt
Service
(200)

Street - Preservation

Capitial
Projects
(300)
$1,002,069

Utilities
(600 & U0)

Grand
Total
$1,002,069

Principal Payment

$321,163

$321,163

Interest Payment

$77,698

$77,698

Transfer Out

$45,296

$399,743

$473,143

Traffic Control/Safety

$85,217

$2,534

$87,751

Snow Removal

$38,339

Highway Engineering

$28,104

$43,487

$38,339
$12,845

$56,332

$41,507

$44,460

Depreciation & Building
Utilities

$2,953

Accounting/Recording

$1,285

$1,285

Snow Removal Salaries

$44,823

$44,823

Snow Removal Benefits
Total

$21,806
$170,284

$1,024,202

$794,117

Page 2 of 8

$21,806
$398,861

$1,129,679

$3,517,143

Fiscal Year 2026

City Street Finance Report

Charles City

Bureau of Local Systems

11/12/2026 8:04:11 PM

Ames, IA 50010

Revenue
General
Fund
Streets
(001)
Levied on Property

Road
Use
(110)

Other
Special
Revenues

$167,509

$231,925

Other Taxes (Hotel, LOST)
Interest

$32,616

State Revenues - Road
Use Taxes

Debt
Service
(200)

Capitial
Projects
(300)

Grand
Total

$179,281

$578,715

$957,682

$957,682

$74,990

$107,606

$1,041,201

$1,041,201

Charges/fees

$0

Contributions

$6,808

Fuel Tax Refund

$2,253

Sale of Property &
Merchandise

$522

$170,284

$86,691

$28,711

$0
$122,210
$2,253

$500

Transfer In
Total

Utilities
(600 & U0)

$1,081,125

$1,022
$44,711

$219,580

$208,267

$585

$473,143

$1,395,999

$398,861

$236,978

$585

$3,283,832

Page 3 of 8

Fiscal Year 2026

City Street Finance Report

Charles City

Bureau of Local Systems

11/12/2026 8:04:11 PM

Ames, IA 50010

Bonds/Loans
Bond/Loan
Description

Principal
Balance
As of 7/1

Total
Principal
Paid

Total
Interest
Paid

Principal
Roads

Principal
Balance
As of 6/30

Interest
Roads

2023 GO Tree ROW

$525,000

$46,163

$28,860

$46,163

$28,860

$478,837

2015 Refund loan

$540,000

$140,000

$18,700

$140,000

$18,700

$400,000

2012 Permeable
Pavers loan

$394,000

$53,000

$7,880

$53,000

$7,880

$341,000

2021B Part 2

$1,239,999

$82,000

$22,258

$82,000

$22,258

$1,157,999

Total

$2,698,999

$321,163

$77,698

$321,163

$77,698

$2,377,836

Page 4 of 8

Fiscal Year 2026

City Street Finance Report

Charles City

Bureau of Local Systems

11/12/2026 8:04:11 PM

Ames, IA 50010

Equipment
Description

Model Year

Usage Type

GMC pickup

2018

Purchased

$30,000

No Change

used Erskine snowblower

2005

Purchased

$1,700

No Change

New Holland L320

2024

Purchased

$50,200

No Change

2008 New Holland tractor

2009

Purchased

$31,975

No Change

Caterpillar wheel loader Model 914K

2016

Purchased

$87,830

No Change

Sterling Dump truck #13

2008

Purchased

$60,000

No Change

Sterling Dump Truck #16

2008

Purchased

$60,000

No Change

Sterling Dump Truck #18

2008

Purchased

$60,000

No Change

Protech sno pusher

2019

Purchased

$7,990

No Change

Protech sno pusher

2019

Purchased

$7,990

No Change

Protech sno pusher

2019

Purchased

$7,990

No Change

Chevy Silverado pickup from DOT

2002

Purchased

$4,500

No Change

Sterling truck L-7501

2006

Purchased

$46,675

No Change

2017 Freightliner truck

2018

Purchased

$119,546

No Change

Ford F350 4x4

2001

Purchased

$22,912

No Change

Protech sno pusher

2019

Purchased

$7,990

No Change

John Deere 544L

2019

Purchased

$188,560

No Change

GMC pickup

2013

Purchased

$30,000

No Change

Chevy Silverado pickup from DOT

2005

Purchased

$4,000

No Change

2015 Freightliner 108SD

2016

Purchased

$103,765

No Change

Chevy pickup from DOT

2009

Purchased

$4,500

No Change

Page 5 of 8

Cost

Purchased Status

Fiscal Year 2026

City Street Finance Report

Charles City

Bureau of Local Systems

11/12/2026 8:04:11 PM

Ames, IA 50010

Description

Model Year

Usage Type

Chevy pickup from DOT

2005

Purchased

$4,500

No Change

John Deere road grader 670 G

2009

Purchased

$137,000

No Change

2002 590 Super M Case backhoe

2003

Purchased

$35,000

No Change

Freightline FL 70

2002

Purchased

$41,603

No Change

C & P 10 groomer

1999

Purchased

$7,000

No Change

1989 Brush Bandit chipper

1996

Purchased

$15,898

No Change

Elgin street sweeper

2018

Purchased

$261,229

No Change

Dodge Tradesman 3500

2027

Purchased

$42,239

New

Page 6 of 8

Cost

Purchased Status

Fiscal Year 2026

City Street Finance Report

Charles City

Bureau of Local Systems

11/12/2026 8:04:11 PM

Ames, IA 50010

Street Projects
Project Description
2024 Main Street Rehab
Hwy 18/4th Ave DOT HMA Project

Contract Price

Final Price
$2,367,230
$708,060

Page 7 of 8

Contractor Name
$2,407,771 Heartland Asphalt
$708,060 IDOT

Fiscal Year 2026

City Street Finance Report

Charles City

Bureau of Local Systems

11/12/2026 8:04:11 PM

Ames, IA 50010

Summary
General
Fund
Streets
(001)
Begining Balance

Road
Use
(110)

Other
Special
Revenues

Debt
Service
(200)

Capitial
Projects
(300)

Utilities
(600 & U0)

Grand
Total

$0

$731,195

$1,255,716

$0

$184,583

SubTotal Expenses (-)

$142,180

$978,906

$394,374

$398,861

$1,129,679

Transfers Out (-)

$28,104

$45,296

$399,743

Subtotal Revenues (+)

$170,284

$1,081,125

$1,351,288

$179,281

$28,711

$0

$2,810,689

$44,711

$219,580

$208,267

$585

$473,143

$1,857,598

$0

($708,118)

$585

$1,938,183

Transfers In (+)
Ending Balance

$0

$788,118

$2,171,494
$3,044,000
$473,143

Resolution Number:
Execution Date: Monday, November 16, 2026
Signature: Brittney Lentz

Page 8 of 8

$0

MEETING DATE:

11/16/2026

AGENDA ITEM SUMMARY
Subject: Motion Approving the FY26 Annual Financial Report
__________________________________________________________________________
Background Summary:
The City of Charles City is required to prepare and submit an Annual Financial Report
(AFR) to the Iowa Department of Management each year. The report provides a summary
of the City's financial activity for the fiscal year ending June 30, 2026, including revenues,
expenditures, and fund balances.
The Annual Financial Report provides an overview of the City's financial position and
promotes transparency and accountability in the use of public funds. The report must be
published and submitted to the Iowa Department of Management by December 1 each
year.
Although City Council approval is not required by Iowa law, the report is being presented to
Council for review and approval prior to submission.
Staff Recommendation:
Staff recommends that the City Council approve the Fiscal Year 2026 Annual Financial
Report as presented.

Annual Urban Renewal Report, Fiscal Year 2025 - 2026
Levy Authority Summary
Local Government Name:
Local Government Number:

CHARLES CITY
34G323

Active Urban Renewal Areas

U.R.
#

CHARLES CITY RIVERSIDE URBAN RENEWAL
CHARLES CITY SW BYPASS URBAN RENEWAL
CHARLES CITY EAST PARK URBAN RENEWAL
CHARLES CITY SO GRAND URBAN RENEWAL
CHARLES CITY PARK AVE ECONOMIC DEVELOPMENT URBAN RENEWAL

34001
34002
34003
34004
34009

TIF Debt Outstanding:

10,739,217

TIF Sp. Rev. Fund Cash Balance
as of 07-01-2025:

216,520

TIF Revenue:
TIF Sp. Revenue Fund Interest:
Property Tax Replacement Claims
Asset Sales & Loan Repayments:
Total Revenue:

975,765
21,668
0
0
997,433

Rebate Expenditures:
Non-Rebate Expenditures:
Returned to County Treasurer:
Total Expenditures:
TIF Sp. Rev. Fund Cash Balance
as of 06-30-2026:
Year-End Outstanding TIF
Obligations, Net of TIF Special
Revenue Fund Balance:

# of Tif
Taxing
Districts
1
4
2
4
1

0

Amount of 07-01-2025 Cash Balance
Restricted for LMI

0

Amount of 06-30-2026 Cash Balance
Restricted for LMI

554,018
494,837
0
1,048,855
165,098

9,525,264

♣ Annual Urban Renewal Report, Fiscal Year 2025 - 2026
Urban Renewal Area Data Collection
Local Government Name:
Urban Renewal Area:
UR Area Number:

CHARLES CITY (34G323)
CHARLES CITY RIVERSIDE URBAN RENEWAL
34001

UR Area Creation Date:

12/1968

UR Area Purpose:

to correct physical change caused
by a tornado in May 1968

Tax Districts within this Urban Renewal Area

Base Increment
No.
No.

CHARLES CITY/CHARLES CITY SCH/CC RIVERSIDE UR TIF INCREM

340038

340039

Increment
Value
Used
2,013,425

Urban Renewal Area Value by Class - 1/1/2024 for FY 2026
Agricultural

Assessed
Taxable
Homestead Credits

0
0

Residential

Commercial

18,345,473
8,701,546

29,953,304 6,432,520
22,211,305 5,436,163

TIF Sp. Rev. Fund Cash Balance
as of 07-01-2025:

32,334

TIF Revenue:
TIF Sp. Revenue Fund Interest:
Property Tax Replacement Claims
Asset Sales & Loan Repayments:
Total Revenue:

64,972
2,570
0
0
67,542

Rebate Expenditures:
Non-Rebate Expenditures:
Returned to County Treasurer:
Total Expenditures:

0
67,387
0
67,387

TIF Sp. Rev. Fund Cash Balance
as of 06-30-2026:

32,489

Industrial

Other

Exempt

Total

0 -60,000
0 -60,000

54,521,797
36,139,514

Gas/Electric Utility

Total

0

Amount of 07-01-2025 Cash Balance
Restricted for LMI

0

Amount of 06-30-2026 Cash Balance
Restricted for LMI

0
0

54,521,797
36,139,514
70

♣ Annual Urban Renewal Report, Fiscal Year 2025 - 2026

Projects For CHARLES CITY RIVERSIDE URBAN RENEWAL
Facade Program
Description:
Classification:
Physically Complete:
Payments Complete:

yearly projects and Facade Masterplan
Main Street Iowa Program-Iowa Economic Development
Authority
No
No

Cultural and Entertainment
Description:
Classification:
Physically Complete:
Payments Complete:

Cultural and Entertainment projects
Commercial - retail
No
No

CCADC
Description:
Classification:
Physically Complete:
Payments Complete:

yearly payment to ADC for economic development
activities
Administrative expenses
No
No

Main Street program
Description:
Classification:
Physically Complete:
Payments Complete:

payments for administering Main Street program
Administrative expenses
No
No

Administrative Expenses
Description:
Classification:
Physically Complete:
Payments Complete:

city's administrative expenses
Administrative expenses
No
No

♣ Annual Urban Renewal Report, Fiscal Year 2025 - 2026

Debts/Obligations For CHARLES CITY RIVERSIDE URBAN RENEWAL
support of CCADC
Debt/Obligation Type:
Principal:
Interest:
Total:
Annual Appropriation?:
Date Incurred:
FY of Last Payment:

Internal Loans
0
0
0
Yes
06/21/2021
2028

Main Street program support
Debt/Obligation Type:
Principal:
Interest:
Total:
Annual Appropriation?:
Date Incurred:
FY of Last Payment:

Internal Loans
0
0
0
Yes
06/21/2021
2028

cultural entertainment district
Debt/Obligation Type:
Principal:
Interest:
Total:
Annual Appropriation?:
Date Incurred:
FY of Last Payment:

Internal Loans
0
0
0
Yes
11/26/2018
2028

Facade program
Debt/Obligation Type:
Principal:
Interest:
Total:
Annual Appropriation?:
Date Incurred:
FY of Last Payment:

Internal Loans
0
0
0
Yes
11/26/2018
2028

city administrative expenses
Debt/Obligation Type:
Principal:
Interest:
Total:
Annual Appropriation?:
Date Incurred:
FY of Last Payment:

Internal Loans
0
0
0
Yes
06/21/2021
2028

♣ Annual Urban Renewal Report, Fiscal Year 2025 - 2026

Non-Rebates For CHARLES CITY RIVERSIDE URBAN RENEWAL
TIF Expenditure Amount:
Tied To Debt:
Tied To Project:

14,250
support of CCADC
CCADC

TIF Expenditure Amount:
Tied To Debt:
Tied To Project:

25,000
Main Street program support
Main Street program

TIF Expenditure Amount:
Tied To Debt:
Tied To Project:

14,577
cultural entertainment district
Cultural and Entertainment

TIF Expenditure Amount:
Tied To Debt:
Tied To Project:

5,560
Facade program
Facade Program

TIF Expenditure Amount:
Tied To Debt:
Tied To Project:

8,000
city administrative expenses
Administrative Expenses

♣ Annual Urban Renewal Report, Fiscal Year 2025 - 2026

Rebates For CHARLES CITY RIVERSIDE URBAN RENEWAL
BDH project
TIF Expenditure Amount:
Rebate Paid To:
Projected Final FY of Rebate:

0
BDH
2024

FFG project
TIF Expenditure Amount:
Rebate Paid To:
Projected Final FY of Rebate:

0
Farmers Feed and Grain
2017

♣ Annual Urban Renewal Report, Fiscal Year 2025 - 2026
This TIF was established to help rebuild after a devastating tornado in 1968. It
has since been used to help revitalize our downtown area,through the Main Street
Iowa program and other downtown programs offered by the state.

256 Characters Left
Sum of Private Investment Made Within This Urban Renewal Area
during FY 2026
0

♣ Annual Urban Renewal Report, Fiscal Year 2025 - 2026
TIF Taxing District Data Collection
Local Government Name:
Urban Renewal Area:
TIF Taxing District Name:
TIF Taxing District Inc. Number:

CHARLES CITY (34G323)
CHARLES CITY RIVERSIDE URBAN RENEWAL (34001)
CHARLES CITY/CHARLES CITY SCH/CC RIVERSIDE UR TIF INCREM
340039

TIF Taxing District Base Year:
FY TIF Revenue First Received:
Subject to a Statutory end date?

0
0
No

UR Designation

Slum
Blighted
Economic Development

No
No
12/1968

TIF Taxing District Value by Class - 1/1/2024 for FY 2026
Agricultural

Assessed
Taxable
Homestead Credits

Fiscal Year 2026

0
0

Residential

Commercial

18,345,473
8,701,546

29,953,304 6,432,520
22,211,305 5,436,163

Industrial

Other

Exempt

Total

0 -60,000
0 -60,000

54,521,797
36,139,514

Gas/Electric Utility

Total

0
0

54,521,797
36,139,514
70

Frozen Base Value

Max Increment Value

Increment Used

Increment Not Used

Increment Revenue Not Used

17,280,820

36,139,514

2,013,425

34,126,089

1,103,372

FY 2026 TIF Revenue Received:

64,972

♦ Annual Urban Renewal Report, Fiscal Year 2025 - 2026
Urban Renewal Area Data Collection
Local Government Name:
Urban Renewal Area:
UR Area Number:

CHARLES CITY (34G323)
CHARLES CITY SW BYPASS URBAN RENEWAL
34002

UR Area Creation Date:

11/1993

UR Area Purpose:

To improve the streets and
roadways along with major
extensions of water and sanitary
sewer systems into areas that will
service existing industries and
create a favorable environment for
new business and industry

Tax Districts within this Urban Renewal Area

Base Increment
No.
No.

CHARLES CITY/CHARLES CITY SCH/CC SW BYPASS UR TIF INCREM
CHARLES CITY AG/CHARLES CITY SCH/CC SW BYPASS UR TIF INCREM
ST CHARLES TWP/CHARLES CITY SCH/CC SW BYPASS UR TIF INCREM
ST CHAS TWP/CHARLES CITY SCH/SW BYPASS AMENDED `03 UR TIF INC

340040
340042
340044
340079

340041
340043
340045
340080

Increment
Value
Used
14,883,270
345
1,709,182
830,049

Urban Renewal Area Value by Class - 1/1/2024 for FY 2026
Agricultural

Assessed
Taxable
Homestead Credits

Residential

Commercial

1,850,730 6,354,380
1,366,904 3,013,984

301,820
199,636

TIF Sp. Rev. Fund Cash Balance
as of 07-01-2025:

110,712

TIF Revenue:
TIF Sp. Revenue Fund Interest:
Property Tax Replacement Claims
Asset Sales & Loan Repayments:
Total Revenue:

538,304
10,825
0
0
549,129

Rebate Expenditures:
Non-Rebate Expenditures:
Returned to County Treasurer:
Total Expenditures:

502,292
54,856
0
557,148

TIF Sp. Rev. Fund Cash Balance
as of 06-30-2026:

102,693

Industrial

70,263,690
62,503,910

Other

Exempt

Total

0 -16,000
0 -16,000

78,689,620
67,003,434

Gas/Electric Utility

Total

0

Amount of 07-01-2025 Cash Balance
Restricted for LMI

0

Amount of 06-30-2026 Cash Balance
Restricted for LMI

0
0

78,689,620
67,003,434
22

♦ Annual Urban Renewal Report, Fiscal Year 2025 - 2026

Projects For CHARLES CITY SW BYPASS URBAN RENEWAL
CCADC support
Description:
Classification:
Physically Complete:
Payments Complete:

support of CCADC economic development activities
Administrative expenses
Yes
No

city administrative expenses
Description:
Classification:
Physically Complete:
Payments Complete:

city administrative services
Administrative expenses
Yes
No

Cambrex forgivable loan
Description:
Classification:
Physically Complete:
Payments Complete:

forgivable loan on expansion
Industrial/manufacturing property
Yes
Yes

Cambrex expansion 2017
Description:
Classification:
Physically Complete:
Payments Complete:

27 million expansion
Industrial/manufacturing property
Yes
No

Zoetis expansion 2018
Description:
Classification:
Physically Complete:
Payments Complete:

55 million expansion
Industrial/manufacturing property
No
No

Croell Redi Mix
Description:
Classification:
Physically Complete:
Payments Complete:

expansion
Industrial/manufacturing property
No
No

Cambrex 2022 expansion
Description:
Classification:
Physically Complete:
Payments Complete:

expansion
Industrial/manufacturing property
No
No

SW Bypass drainage project
Description:
Classification:
Physically Complete:
Payments Complete:

drainage project
Industrial/manufacturing property
No
No

Zoetis 2023
Description:

expansion

Classification:
Physically Complete:
Payments Complete:

Industrial/manufacturing property
Yes
No

Curbtender
Description:
Classification:
Physically Complete:
Payments Complete:

building renovation & business expansion
Industrial/manufacturing property
No
No

♦ Annual Urban Renewal Report, Fiscal Year 2025 - 2026

Debts/Obligations For CHARLES CITY SW BYPASS URBAN RENEWAL
CCADC support
Debt/Obligation Type:
Principal:
Interest:
Total:
Annual Appropriation?:
Date Incurred:
FY of Last Payment:

Internal Loans
0
0
0
Yes
06/21/2021
2028

Administrative costs
Debt/Obligation Type:
Principal:
Interest:
Total:
Annual Appropriation?:
Date Incurred:
FY of Last Payment:

Internal Loans
0
0
0
Yes
06/21/2021
2028

Cambrex expan amended 2021
Debt/Obligation Type:
Principal:
Interest:
Total:
Annual Appropriation?:
Date Incurred:
FY of Last Payment:

Rebates
204,143
0
204,143
Yes
10/16/2017
2029

Zoetis expans amended 2021
Debt/Obligation Type:
Principal:
Interest:
Total:
Annual Appropriation?:
Date Incurred:
FY of Last Payment:

Rebates
1,139,369
0
1,139,369
Yes
03/19/2018
2029

Croell project
Debt/Obligation Type:
Principal:
Interest:
Total:
Annual Appropriation?:
Date Incurred:
FY of Last Payment:

Rebates
1,880
0
1,880
Yes
01/20/2020
2026

Cambrex 2022 expansion
Debt/Obligation Type:
Principal:
Interest:
Total:
Annual Appropriation?:
Date Incurred:
FY of Last Payment:

Rebates
349,800
0
349,800
Yes
12/19/2022
2031

Zoetis 2023
Debt/Obligation Type:
Principal:
Interest:
Total:
Annual Appropriation?:
Date Incurred:
FY of Last Payment:

Rebates
7,547,534
0
7,547,534
Yes
12/04/2023
2034

Curbtender 2025
Debt/Obligation Type:
Principal:
Interest:
Total:
Annual Appropriation?:
Date Incurred:
FY of Last Payment:

Rebates
0
0
0
No
12/02/2025
2026

♦ Annual Urban Renewal Report, Fiscal Year 2025 - 2026

Non-Rebates For CHARLES CITY SW BYPASS URBAN RENEWAL
TIF Expenditure Amount:
Tied To Debt:
Tied To Project:

6,000
Administrative costs
city administrative expenses

TIF Expenditure Amount:
Tied To Debt:
Tied To Project:

35,000
CCADC support
CCADC support

TIF Expenditure Amount:
Tied To Debt:
Tied To Project:

13,856
Administrative costs
city administrative expenses

♦ Annual Urban Renewal Report, Fiscal Year 2025 - 2026

Rebates For CHARLES CITY SW BYPASS URBAN RENEWAL
MITAS
TIF Expenditure Amount:
Rebate Paid To:
Projected Final FY of Rebate:

0
MITAS
2030

Cambrex 2017 expansion
TIF Expenditure Amount:
Rebate Paid To:
Tied To Debt:
Tied To Project:
Projected Final FY of Rebate:

52,955
Cambrex
Cambrex expan amended 2021
Cambrex expansion 2017
2029

Zoetis 2018
TIF Expenditure Amount:
Rebate Paid To:
Tied To Debt:
Tied To Project:
Projected Final FY of Rebate:

250,181
Zoetis
Zoetis expans amended 2021
Zoetis expansion 2018
2029

Croell
TIF Expenditure Amount:
Rebate Paid To:
Tied To Debt:
Tied To Project:
Projected Final FY of Rebate:

1,880
Croell
Croell project
Croell Redi Mix
2026

Cambrex 2022 Expansion
TIF Expenditure Amount:
Rebate Paid To:
Tied To Debt:
Tied To Project:
Projected Final FY of Rebate:

43,700
Cambrex
Cambrex 2022 expansion
Cambrex 2022 expansion
2026

Zoetis 2023
TIF Expenditure Amount:
Rebate Paid To:
Tied To Debt:
Tied To Project:
Projected Final FY of Rebate:

91,076
Zoetis
Zoetis 2023
Zoetis 2023
2029

Curbtender
TIF Expenditure Amount:
Rebate Paid To:
Tied To Debt:
Tied To Project:
Projected Final FY of Rebate:

62,500
Curbtender
Curbtender 2025
Curbtender
2029

♦ Annual Urban Renewal Report, Fiscal Year 2025 - 2026
This is the first joint city/county TIF in the state and has proved very beneficial
for drawing new industry to the city. We work very closely with the Charles City
Area Development Corporation to create a favorable environment for industry.

256 Characters Left
Sum of Private Investment Made Within This Urban Renewal Area
during FY 2026
0

♦ Annual Urban Renewal Report, Fiscal Year 2025 - 2026
TIF Taxing District Data Collection
Local Government Name:
Urban Renewal Area:
TIF Taxing District Name:
TIF Taxing District Inc. Number:

CHARLES CITY (34G323)
CHARLES CITY SW BYPASS URBAN RENEWAL (34002)
CHARLES CITY/CHARLES CITY SCH/CC SW BYPASS UR TIF INCREM
340041

TIF Taxing District Base Year:
FY TIF Revenue First Received:
Subject to a Statutory end date?

0
1994
No

UR Designation