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HomeMy Public PortalAboutResolution 2019-17, Authorizing Purchase Of A Joint Use Digital Flood Level Gauge For Duck Creek For City Of Riverdale, Iowa RESOLUTION NO. 2019-17 RESOLUTION AUTHORIZING PURCHASE OF A JOINT USE DIGITAL FLOOD LEVEL GAUGE FOR DUCK CREEK FOR THE CITY OF RIVERDALE, IOWA WHEREAS, in its review of the impact of the April/May 2019 Mississippi River flood, the City Council accepted a recommendation to solicit information about installing a digitally- connected stream sensor (flood gauge) in Riverdale on Duck Creek; and, WHEREAS; the City did consult with a specialist at the Iowa Flood Center, Maxwell Stanley Hydraulics Laboratory at the University of Iowa, Iowa City (Iowa Flood Center), who accepted his observations that Riverdale is located midway between the major flood gauges located at the Mississippi River Lock and Dams 14 and 15, LeClaire, Iowa and Rock Island, Illinois, and that Riverdale is also impacted by flows both from and into Duck Creek, a significant watershed affecting both Riverdale and adjoining Bettendorf, Iowa, and therefore an additional gauge would provide additional useful data; and, WHEREAS, officials at the Iowa Flood Center at the Maxwell Stanley Hydraulics Laboratory, the City of Bettendorf, and the Scott County, Iowa Emergency Management Agency all find that incorporating such a flood gauge into the Iowa Flood Information System (IFIS) would be of value both to Riverdale and the region in terms of flood emergency planning; and, WHEREAS, the Iowa Flood Center has proposed installing a digital flood gauge on or near the Riverdale/ Bettendorf boundary on Duck Creek at the U.S. 67 bridge, or alternately, at the CP Rail bridge, for a cost of approximately $3,600.00; and, WHEREAS, officials with the City of Bettendorf and the Scott County Emergency Management Agency have offered to contribute one-third each to the cost of said flood gauge; and, WHEREAS, the City Council of the City of Riverdale finds it to be in the interest for the health, welfare and safety of its residents and the community to authorize the purchase and installation of said flood gauge. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, SCOTT COUNTY, IN THE STATE OF IOWA: Section 1. That the City Council accepts the recommendations to purchase and have installed by the Iowa Flood Center a digitally-connected IFS stream sensor/flood gauge for a cost of approximately $3,600.00, at a location on or near the Riverdale/ Bettendorf boundary on Duck Creek at the U.S. 67 bridge, or alternately, at the CP Rail bridge,to be determined by the City of Riverdale and the Iowa Flood Center. Section 2. That the City Clerk shall execute an order to the Iowa Flood Center to order the purchase and installation of said IFS stream sensor/flood gauge. Prepared by City Administrator Tim Long Amended May 28, 2019 CITY OF RIVERDALE, IOWA RESOLUTION NO. 2019-17 PAGE 2 -2- Section 3. That upon receipt of the final statement and invoice from the Iowa Flood Center for said flood gauge the City Clerk shall issue invoices for one-third of the cost each to the City of Bettendorf, in care of Brent Morlock, City Engineer at Bettendorf Public Works Department, 4303 Devil's Glen Road, Bettendorf, IA 52722; and to David Donovan, Scott County Emergency Management Coordinator, 1100 46th Street, Davenport, IA 52807. Section 4. That the City Clerk shall initiate such orders to provide for the digital cell phone connection for said flood gauge in order to integrate it with the Iowa Flood Information System, and that the City of Riverdale shall be thereafter solely responsible for the current $10.00 per month cost of service. PASSED AND APPROVED this /4";'-day of M , 2019. ),(:).„, /„,4, Doug L ttrel, Mayor pro-tem ATTEST: Ronald Fullerlove, City Clerk Prepared by City Administrator Tim Long Amended May 28, 2019 DocuSign Envelope ID.44CA8C67-758A-4287-9C84-2508D9BA76D0 Experimental/Technical ervices Agreement University of Iowa("University") and Sponsor: City of Riverdale Address: 110 Manor Drive,Riverdale IA 52722 Sponsor Contact: Mary Frances Blevins,City Clerk Phone: (563)355-2511 Mobile: E-mail: clerk a' iverdaleia.ore University Project Director: Dan Ceynar Address: IIHR Hydroscience&Engineering 100 C.Maxwell Stanley Hydraulics Lab,Iowa City,IA 52242 Phone: 319-335-5180 Email: daniel-ceynarAuiowa.edu Scope of Work: Install qty: 1,Iowa Flood Center Ultrasonic stream gauge at the following location: -HWY 67 bridge on Duck Creek, GPS:41.532567,-90.475091 This stream gauges will become part of the Iowa Flood Center's statewide stream-stage network and remain in place for a minimum of five years(dependent on continued Iowa Flood Center funding by the state).The sensor data will be posted to the Iowa Flood Information System.Plymouth County Emergency Management will maintain the sensor modem/data plan charges and maintenance costs while the sensor remains at the designated locations. 1. Period of Agreement: 10/01/2019—10/01/2024 2. Cost: $ 3600 per sensor Total cost = $3600 USD Sponsor agrees that all payments for these experimental/technical services will be made by Sponsor to University net 30 days from date of invoice. Invoices should be sent to: Name: Mary Frances Blevins,City Clerk Address: 110 Manor Drive,Riverdale IA 52722 Phone: (563)355-2511 Mobile: E-mail: clerk@riverdaleia.org Payment to University: Checks should be sent to: Grant Accounting Office 118 S.Clinton Street University of Iowa Iowa City,IA 52242 Checks should include a reference to the University Project Director's name(Ceynar). Any inventions that result from the services provided by University hereunder at the direction and request of Sponsor that relate to Sponsor's samples shall be owned by Sponsor, and at Sponsor's request University shall provide Sponsor with information and documentation in support thereof. University shall retain sole ownership of any intellectual property relating to the testing methodologies, processes and models used in performance of this Agreement, including but not limited to inventions, improvements, processes,patents or applications for patents). DocuSign Envelope ID:44CA8C67-758A-4287-9C84-2508D9BA76D0 This agreement is subject to the terms and conditions set forth in the attached articles 1-11,to the University's consent to perform these experimental/technical services, and to Sponsor's acceptance of the terms herein contained. -acceptance is limited to the terms stated herein. Any additional or different terms and conditions proposed by Sponsor are rejected unless expressly agreed to in writing by an authorized representative of University. This document comprises University's offer to install instrumentation and/or to perform experimental/technical services and, upon acceptance, contains the complete and exclusive agreement between the parties, and supersedes all other prior, contemporaneous or subsequent written or oral communications,including terms and conditions of any purchase orders or other documents issued at any time by Sponsor, between the parties and their employees and agents relating to the subject matter hereof. Acceptance of this agreement and all terms and conditions must be evidenced by authorized Sponsor signature. This agreement may be executed in one or more counterparts including signing a facsimile or scanned electronic version. Each counterpart shall be deemed an original and all counterparts together shall constitute one and the same instrument. University of Iowa Sponsor DocuSigned by: r' By: iu/,_ utv-tx By: N a �itlyBeaver Name: )'-M 'SAvs-P Title: Executive Director of Sponsored Programs Title: IL,Ay BR 1/8/2020 Date: Date: I t2— )5 DocuSign Envelope ID:44CA8C67-758A-4287-9C84-2508D9BA76D0 ARTICLE 1-Definitions "Services"shall mean experimental/technical services provided by University concerning the compounding and testing of materials and any other experimental service University offers on a price-per-job basis. ARTICLE 2-Order Any order for Services which Sponsor places with University and University accepts shall be strictly in compliance with the terms and conditions of this Agreement.University shall provide reasonable efforts to perform Services within the projected costs and time period indicated in this Agreement.In the event University's costs exceed the projected price or in the event the services cannot be performed within the time desired, University will notify Sponsor as soon as reasonably possible. Sponsor shall have the option of terminating this Agreement with reimbursement to University for its reasonable cost to the date of termination or continuing the Services for the additional cost or extension of time. ARTICLE 3—Product Liability 3.1 The results of the Services under this Agreement are believed to be reliable,but no representations,guarantees or warranties of any kind are made as to the accuracy,suitability for particular applications or the results to be obtained therefrom. The results are based on laboratory work with small scale equipment,and such results do not necessarily indicate or reflect commercial or scale-up end product performance. The results obtained and data furnished are intended as guides and do not reflect product specifications for any particular property. Because of variations in methods,conditions and equipment used in processing these materials,no warranties or guarantees are made as to the suitability of the products for the application disclosed. Full-scale testing and end product performance are the responsibility of Sponsor. University shall not be liable for any use or handling of any material beyond University's direct control. Further,University shall not be liable for any losses or damages,direct or indirect, incidental or consequential,arising out of or in any manner connected with its service results or its manner of performing the services. Sponsor expressly assumes all risk and liability for the foregoing. 3.2 UNIVERSITY DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3.3 Nothing contained herein is to be construed as permission, a recommendation or an inducement to use or practice any product, process, equipment or formulation in conflict with any patent without the permission of the patent owner. University does not make any representation or warranty,express or implied,that the use thereof will not infringe any patent. 3.4 Sponsor agrees to defend,indemnify and hold University harmless with respect to all actions,causes of action,claims,damages and losses, liabilities, and attorneys fees whatsoever arising out of the services and test results provided to Sponsor or any other matter directly or indirectly arising out of or in connection with this Agreement. ARTICLE 4—Non-use of Names In relation to Services,Sponsor shall not use the name of University nor of any of its employees,nor any adaptation of either thereof,in any advertising, promotional or sales literature without prior written consent obtained from the authorized University official in each case,except that Sponsor may state that it obtained the service from University under an experimental services contract. ARTICLE 5-Assignment This Agreement is not assignable or transferable and any attempt to do so shall be void,ab initio and of no legal effect. ARTICLE 6-Confidentiality University shall,to the extent permitted by law and for a period of not more than three(3)years from date of University signature,hold in confidence all information disclosed to it by Sponsor and identified in writing at the time of disclosure as being confidential and relating to Services as defined in Article 1, except: information which at the time of disclosure is in the public domain; information which after disclosure is published or otherwise becomes part of the public domain through no fault of the University; information required to be disclosed by law,regulation or court order; or information which is disclosed to University by a third party not under terms of confidentiality. ARTICLE 7-Disclosure Sponsor shall notify University of any special precautions, toxicities, flammability, other hazardous propensities or requirements on any existing materials, chemical, new chemical or newly synthesized chemical or chemical compound or polymer or any other substances or minerals and including living substances and electronic data or media [e.g. computer viruses, etc.], submitted to University under this Agreement and shall indemnify University and/or its employees for any damages directly or indirectly attributable to any breach of this Article. ARTICLE 8—Hazardous Materials All materials provided by Sponsor must be accompanied by the appropriate environmental and safety information for those materials as required by law. The responsibility for and costs of disposal of all Sponsor provided materials remaining at the termination of the Services will rest with the Sponsor. Sponsor shall arrange for disposal or removal of any remaining Sponsor provided materials prior to receipt of any final report of the Services. University will observe all applicable safety precautions and governmental requirements concerning handling of test materials. Sponsor and University acknowledge that the selection of procedures,sites,and equipment,and DocuSign Envelope ID:44CA8C67-758A-4287-9C84-2508D9BA76D0 the assignment and supervision of personnel to be used in the conduct of Services hereunder rest under the sole and exclusive direction of University. ARTICLE 9-Termination University may terminate this Agreement in the event it determines that it cannot perform the Services herein specified due to circumstances beyond its control.In such event,University shall so notify Sponsor and equitably resolve any issues respecting return of monies paid by Sponsor to University. Sponsor may terminate this Agreement for any reason provided that it pays for all Services performed and all costs incurred by University up to the date of termination. ARTICLE 10—Miscellaneous Provisions 10.1 This Agreement shall be construed,governed,interpreted and applied in accordance with the laws of the State of Iowa. 10.2 This Agreement is the entire agreement and understanding of the parties hereto as to the subject matter hereof, and it shall not be subject to any change or modification except by the execution of a written instrument signed by the parties hereto. 10.3 The provisions of this Agreement are severable. If any Court finds any part of this Agreement to be invalid or unenforceable,such invalidity or unenforceability shall not in any way affect the remainder of the Agreement. 10.4 The failure of either party to assert a right under this Agreement or to insist upon compliance with any term or condition of this Agreement shall not constitute a waiver of that right. 10.5 Notice shall be made by express delivery service, certified mail or by other verifiable, written means to University and Sponsor listed on the front of this Agreement. ARTICLE 11—Export Administrative Regulations Sponsor acknowledges the University, in the performance of services under this Agreement, may utilize the personal services of University employees, visiting professionals and students who may not be U.S. citizens or permanent resident aliens. Data and materials exchanged under this Agreement may be subject to the export laws of the United States, including but not limited to the International Traffic In Arms Regulations("ITAR")under 22 CFR§§ 120-130 and the Export Administration Regulations(15 C.F.R. 768 et seq) ("EAR"). Sponsor shall not disclose or provide to the University or any employee or agent of University any item or information subject to the licensing provisions of ITAR and/or EAR without the prior written notice to and advance approval by an authorized University official. Riverdale Clerk From: Riverdale City Administrator Sent: Tuesday, May 21, 2019 3:07 PM To: Shea, Breanna R;Anthony Heddlesten Cc: Morlok, Brent; Donovan, Dave; Chris Cooper MSA; Riverdale Clerk; georgetmiller@outlook.com Subject: RE: [External] River Gage for Riverdale Attachments: Ron Fullerlove.vcf Importance: High Good afternoon, Breanna, Thanks for the background work and proposal for the gauge for Duck Creek at the Riverdale/ Bettendorf boundary. In the interest of the benefit Riverdale's one residential neighborhood subject to flooding from both the Mississippi and Duck Creek, the City of Riverdale will take the lead on this project. Riverdale's contact for billing for the gauge installation and for the monthly cellular bill will be City Clerk Ron Fullerlove, whose information I have attached here. Ron Fullerlove City Of Riverdale City Clerk/Treasurer (563}A 355-2511 Work: cterk@rwerdalera.org 110 Manor Dr Riverdale, IA 52722 We are taking another look at the location of the gauge's installation, with some thinking that the CP Railroad bridge could be a "better" indicator, and while we have had some indication that CP would permit that, it's a difficult installation,whereas the U.S.67 (State St) bridge located at the corporate limits is easier to get to, and we have reasonable certainty of getting an IaDOT permit from Sheila Lee's DOT office here in Davenport. I anticipate that given the low overall $3,600 cost of installation, Riverdale could front-end the entire cost, and invoice Scott County and Bettendorf$1,200 each for their share, and absorb the full $10/month charge for cell service to connect the gauge into the network. You're right, Anthony, it wouldn't be worth the trouble to split that monthly cost out between the three units of government. If either Bettendorf or Scott County Council or Board would require a more formal agreement for sharing the installation cost, let me know. I will write up a City of Riverdale Resolution for next week's Council meeting and circulate it FYI. Is there an agreement form for committing the university to provide this unit, and the City to pay for it? Thanks! Tim 1 Tim D. Long City Administrator 110 Manor Drive City of Riverdale, IA 52722 Regular City Hall Hours: Tuesday— Thursday, 10:00 a.m. to 5:00 p.m. Office: 563-355-2511 Cell: 563-949-2800 From: Shea, Breanna R<breanna-shea@uiowa.edu> Sent: Wednesday,April 24, 2019 11:58 AM To:Anthony Heddlesten <heddlesten@gmail.com> Cc: Riverdale City Administrator<cityadmin@riverdaleia.org> Subject: RE: [External] River Gage for Riverdale Hi Anthony, I've shared your message with our engineer who manages our stream sensor network. From an installation perspective, the HWY 67 bridge will work.The installation cost would be $3,600 and the city would be responsible for the$10/month cell phone bill. The flooding causes and effects prompting your interest in one of our gauges (flashy creek, Mississippi River, levee impacts, etc.) is similar to another gauge we installed for Davenport on Blackhawk Creek on Concord Street.As Riverdale determines the usefulness of an IFC stream gauge, it may be beneficial for you to visit with Davenport about their experiences with the Blackhawk Creek site. Once funding is secured, I will need the following: - Contact name and billing address for the sensor - Contact name and billing address for the cell bill (if different than above) I would need to obtain permissions to install at this location.An invoice would be sent after installation. Let me know what questions you have and please reach out when you are ready to move forward. Thank you! Breanna Breanna R. Shea Iowa Flood Center Communications Specialist Iowa Flood Center I University of Iowa 133-7 C. Maxwell Stanley Hydraulics Laboratory Iowa City, Iowa 52242 Ph: 319-384-1729 www.iowafloodcenter.org Iowa Flood Wile Center 2 From:Anthony Heddlesten [mailto:heddlesten@gmail.com] Sent: Friday, April 12, 2019 5:38 PM To: Shea, Breanna R<breanna-shea@uiowa.edu> Cc:Tim Long<cityadmin@riverdaleia.org> Subject: Re: [External] River Gage for Riverdale No problem Breanna! I had thrown out $3500 as a number I remembered. Glad to hear we're on par there still. Would you recommend we put this on the agenda and get the money approved or wait to hear if you definitely can do this? Sent from my iPhone On Apr 12, 2019, at 15:49, Shea, Breanna R<breanna-shea a,uiowa.edu> wrote: Hi Anthony, I apologize or my delay! Thank you for your patience. Our IFC stream sensors typically cost$3,500-$5,000 to build and install. In addition, this covers data transmission to the Iowa Flood Information System (IFIS). We are asking communities to take on the $10/month cell phone fees. We're happy to look into a gage at this location further and provide any feedback. I will share this with our engineer who manages the stream sensor network to get his input and will be in touch. In the meantime, don't hesitate to reach out with any other questions about our IFC stream sensors. Thank you! Breanna Breanna R. Shea Iowa Flood Center Communications Specialist Iowa Flood Center I University of Iowa 133-7 C. Maxwell Stanley Hydraulics Laboratory Iowa City, Iowa 52242 Ph: 319-384-1729 www.iowafloodcenter.org <image001.png> From:Anthony Heddlesten [mailto:heddlesten@gmail.com] Sent: Wednesday,April 10, 2019 8:26 AM To:Shea, Breanna R<breanna-shea@uiowa.edu> Cc:Tim Long<cityadmin@riverdaleia.org> Subject: [External] River Gage for Riverdale Breanna, We (Tim, our city administrator, and I) have been requested to look into getting a river gage installed (either staff or digital) at Duck Creek in Riverdale as we have a vulnerable to flooding neighborhood there. This area is affected in a unique way by 3 both backwater Mississippi flooding and more dangerous, flashy, Duck Creek flooding of which neither of the 3 nearest gages can properly depict for residents. We have several bridges we could mount it to (bike trail, US 67, two RR bridges - CP is in not- yet-official support of this, although I think US-67 would be the best choice). Our County EMA and neighboring city staff have also professed some not-yet-official interest in supporting us in this sort of thing. There is a limited amount of funding we have available to support such an effort. Can you provide an estimate of what it would cost to get on the IFIS network and how we would go about doing that? I know we can't afford a fancy USGS type gage, but I thought one of your more affordable bridge mounted sensors would do the trick for us. <image002.png> US 67 = State St in this graph. I think just downstream of the bridge would be the most useful place to have a gage. The area between the two railroad bridges has a levee system, and below the railroads is open space and areas that are also leveed. Between State St and the u/s most railroad bridge are several unprotected homes however. Upstream of State St is a similar scenario, but starts to get away from Mississippi impacts. Please let us know what you think. Thanks, Anthony Heddlesten, P.E., CFM 507.319.0081.c 563.359.4988.h 203 Circle Drive Riverdale IA 52722-5704 Conservation is the application of common sense to the common problems for the common good. -Gifford Pinchot 4 DocuSign Envelope ID. 44CA8C67-758A-4287-9C84-2508D9BA76D0 Experimental/Technical ervices Agreement University of Iowa ("University") and Sponsor: City of Riverdale Address: 110 Manor Drive, Riverdale IA 52722 Sponsor Contact: Mary Frances Blevins, City Clerk Phone: (563) 355-2511 Mobile: E-mail: clerk riverdaleia.ors University Project Director: Dan Cevnar Address: IIHR Hydroscience & Engineering, 100 C. Maxwell Stanley Hydraulics Lab, Iowa City. I -A 52242 Phone: 319-335-5180 Email: daniel-ceynar(ituiowa.edu Scope of Work: Install qty: I, Iowa Flood Center Ultrasonic stream gauge at the following location: - HWY 67 bridge on Duck Creek. GPS.• 41.532567, -90.475091 This stream gauges will become part of the Iowa Flood Center's statewide stream -stage network and remain in place for a minimum of five years (dependent on continued Iowa Flood Center funding by the state). The sensor data will be posted to the Iowa Flood Information System. Plymouth County Emergency Management will maintain the sensor modem/data plan charges and maintenance costs while the sensor remains at the designated locations. 1. Period of Agreement: 10/01/2019 — 10/01/2024 2. Cost: $ 3600 per sensor Total cost = $ 3600 USD Sponsor agrees that all payments for these experimental:technical services will be made by Sponsor to University net 30 days from date of invoice. Invoices should be sent to: Name: Mary Frances Blevins, City Clerk Address: 110 Manor Drive, Riverdale IA 52722 Phone: (563) 355-2511 Payment to University: Checks should be sent to: Grant Accounting Office 118 S. Clinton Street University of Iowa Iowa City, IA 52242 Mobile: E-mail: clerk@riverdaleia.org Checks should include a reference to the University Project Director's name (Ceynar). Any inventions that result from the services provided by University hereunder at the direction and request of Sponsor that relate to Sponsor's samples shall be owned by Sponsor, and at Sponsor's request University shall provide Sponsor with information and documentation in support thereof. University shall retain sole ownership of any intellectual property relating to the testing methodologies, processes and models used in performance of this Agreement, including but not limited to inventions, improvements, processes, patents or applications for patents). DocuSign Envelope ID: 44CA8C67-758A-4287-9C84-2508D9BA76D0 This agreement is subject to the terms and conditions set forth in the attached articles 1-11, to the University's consent to perform those ex perintental'technical services, and to Sponsor's a;:ceptince of the terms herein containcd. 1cceptance is limited to the terms stated herein. Any additional or different terms and conditions proposed by Sponsor are rejected unless expressly agreed to in writing by an authorized representative of University. This document comprises University's offer to install instrumentation and/or to perform experimental/technical services and, upon acceptance, contains the complete and exclusive agreement between the parties, and supersedes all other prior, contemporaneous or subsequent written or oral communications, including terms and conditions of any purchase orders or other documents issued at any time by Sponsor, between the parties and their employees and agents relating to the subject matter hereof. Acceptance of this agreement and all terms and conditions must be evidenced by authorized Sponsor signature. This agreement may be executed in one or more counterparts including signing a facsimile or scanned electronic version. Each counterpart shall be deemed an original and all counterparts together shall constitute one and the same instrument. University of Iowa DocuSigneo by: By:j 1 A, 127 t't.au W Na 71V ittfy'13eaver 4ut�E 230VAIDE.4 Name: Title: Executive Director of Sponsored Programs Date: 1/8/2020 Title: MAyBR Date: DocuSign Envelope ID: 44CA8C67-758A-4287-9C84-2508D9BA76Do ARTICLE 1- Definitions "Services" shall mean experimentalitechnical services provided by University concerning the compounding and testing of materials and any other experimental service University offers on a price -per -job basis. ARTICLE 2 - Order Any order for Services which Sponsor places with University and University accepts shall be strictly in compliance with the terms and conditions of this Agreement. University shall provide reasonable efforts to perform Services within the projected costs and time period indicated in this Agreement. In the event University's costs exceed the projected price or in the event the services cannot be performed within the time desired, University will notify Sponsor as soon as reasonably possible. Sponsor shall have the option of terminating this Agreement with reimbursement to University for its reasonable cost to the date of termination or continuing the Services for the additional cost or extension of time. ARTICLE 3 — Product Liability 3.1 The results of the Services under this Agreement are believed to be reliable, but no representations, guarantees or warranties of any kind are made as to the accuracy, suitability for particular applications or the results to be obtained therefrom. The results are based on laboratory work with small scale equipment, and such results do not necessarily indicate or reflect commercial or scale -up end product performance. The results obtained and data furnished are intended as guides and do not reflect product specifications for any particular property. Because of variations in methods, conditions and equipment used in processing these materials, no warranties or guarantees are made as to the suitability of the products for the application disclosed. Full-scale testing and end product performance are the responsibility of Sponsor. University shall not be liable for any use or handling of any material beyond University's direct control. Further, University shall riot be liable for any losses or damages, direct or indirect, incidental or consequential, arising out of or in any manner connected with its service results or its manner of performing the services. Sponsor expressly assumes all risk and liability for the foregoing. 3.2 UNIVERSITY DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3.3 Nothing contained herein is to be construed as permission, a recommendation or an inducement to use or practice any product, process, equipment or formulation in conflict with any patent without the permission of the patent owner. University does not make any representation or warranty, express or implied, that the use thereof will not infringe any patent. 3.4 Sponsor agrees to defend, indemnify and hold University harmless with respect to all actions, causes of action, claims, damages and losses, liabilities, and attorneys fees whatsoever arising out of the services and test results provided to Sponsor or any other matter directly or indirectly arising out of or in connection with this Agreement. ARTICLE 4 — Non-use of Names In relation to Services, Sponsor shall not use the name of University nor of any of its employees, nor any adaptation of either thereof, in any advertising, promotional or sales literature without prior written consent obtained from the authorized University official in each case, except that Sponsor may state that it obtained the service from University under an experimental services contract. This Agreement is not assignable or transferable and any attempt to do so shall be void, ab initio and of no legal effect. ARTICLE 6 - Confidentiality University shall, to the extent permitted by law and for a period of not more than three (3) years from date of University signature, hold in confidence all information disclosed to it by Sponsor and identified in writing at the time of disclosure as being confidential and relating to Services as defined in Article 1, except: information which at the time of disclosure is m the public domain; information which after disclosure is published or otherwise becomes part of the public domain through no fault of the University; information required to be disclosed by law, regulation or court order; or information which is disclosed to University by a third party not under terms of confidentiality. ARTICLE 7 - Disclosure Sponsor shall notify University of any special precautions, toxicities, flammability, other hazardous propensities or requirements on any existing materials, chemical, new chemical or newly synthesized chemical or chemical compound or polymer or any other substances or minerals and including living substances and electronic data or media [e.g. computer viruses, etc.], submitted to University under this Agreement and shall indemnify University and/or its employees for any damages directly or indirectly attributable to any breach of this Article. ARTICLE 8 — Hazardous Materials All materials provided by Sponsor must be accompanied by the appropriate environmental and safety information for those materials as required by law. The responsibility for and costs of disposal of alt Sponsor provided materials remaining at the termination of the Services will rest with the Sponsor. Sponsor shall arrange for disposal or removal of any remaining Sponsor provided materials prior to receipt of any final report of the Services. University will observe all applicable safety precautions and governmental requirements concerning handling of test materials. Sponsor and University acknowledge that the selection of procedures, sites, and equipment, and DocuSign Envelope ID: 44CA8C67-758A-4287-9C84-2508D9BA76D0 the assignment and supervision of personnel to be used in the conduct of Services rest under the sole and exclusive direction of University. ARTICLE 9 - Termination University may terminate this Agreement in the event it determines that it cannot perform the Services herein specified due to circumstances beyond its control. In such event, University shall so notify Sponsor and equitably resolve any issues respecting return of monies paid by Sponsor to University. Sponsor may terminate this Agreement for any reason provided that it pays for all Services performed and all costs incurred by University up to the date of termination. 10.1 This Agreement shall be construed, governed, , interpreted and applied in accordance LE 10 — Miscellaneous swith the laws of the State of Iowa. 10.2 This Agreement is the entire agreement and understanding of the parties hereto as to the subject matter hereof, and it shall not be subject to any change or modification except by the execution of a written instrument signed by the parties hereto. 10.3 The provisions of this Agreement are severable. If any Court finds any part of this Agreement to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the remainder of the Agreement. 10.4 The failure of either party to assert a right under this Agreement or to insist upon compliance with any term or condition of this Agreement shall not constitute a waiver of that right. 10.5 Notice shall be made by express delivery service, certified mail or by other verifiable, written means to University and Sponsor listed on the front of this Agreement. ARTICLE 11— Export Administrative Regulations Sponsor acknowledges the University, in the performance of services under this Agreement, may utilize the personal services of University employees, visiting professionals and students who may not be U.S. citizens or permanent resident aliens. Data and materials exchanged under this Agreement may be subject to the export laws of the United States, including but not limited to the International Traffic In Arms Regulations ("ITAR") under 22 CFR §§ 120-130 and the Export Administration Regulations (15 C.F.R. 768 et seq) ("EAR"). Sponsor shall not disclose or provide to the University or any employee or agent of University any item or information subject to the licensing provisions of ITAR andior EAR without the prior written notice to and advance approval by an authorized University official. CITY OF RIVERDALE 110 MANOR DRIVE RIVERDALE, IA 52722 tA QUAD Bettendorf, IA CITY Davenport, IA BANK & Moline, IL TRUST 006583 PAY TO THE ORDER OF 6583 CHECK THREE THOUSAND SIX HUNDRED AND 00/100 DOLLARS UNIVERSITY OF IOWA GRANT ACCOUNTING OFFIC—CEYNAR 118 S. CLINTON STREET IOWA CITY, IA 52242 11'0065831[' 1:07390 2 23 2i: 36785961i° INVOICE # REFERENCE 12/10/19 DATE **3,600.00 AMOUNT CITY OF RIVERDALE • RIVERDALE, IA 52722 585 UNIVERSITY OF 100,0 6583 GL ACCOUNT # NET 12102019 STREAM GAUGES —IOWA FLOOD CHECK DATE 12/10/19 CHECK # 001-299-6413 3600.00 6583 TOTAL: **3,600.00