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HomeMy WebLinkAbout2019-04-23 ResolutionItem Number: 7.b. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT April 23, 2019 Resolution authorizing the Mayor to sign and the City Clerk to attest a 28E agreement for refuse and recycling billing services between the City of Iowa City and University Heights. Prepared By: Dennis Bockenstedt, Finance Director Reviewed By: Ashley Monroe, Assistant City Manager Fiscal Impact: Approximately $90 per month revenue to the City plus a $2,500 one-time charge Recommendations: Staff: Approval Commission: N/A Attachments: 28E agreement for refuse & recycling billing services between the City and University Heights; Resolution authorizing a 28E agreement for refuse & recycling billing services between the City and University Heights Executive Summary: The City currently performs the water and sewer billing services for the City of University Heights. Due to changes in the University Heights' refuse and recycling services, they have sought an agreement with the City of Iowa City to also perform billing services for their refuse and recycling services. Background /Analysis: The City of University Heights provides refuse and recycling services to its citizens through a private hauler. Due to a change in the delivery of those services with their provider, University Heights now requires monthly billing services for refuse and recycling. The City of Iowa City has provided monthly billing services for University Heights for water and sewer services for many years. Due to this existing relationship, the City and University Heights have agreed that Iowa City can provide this additional service to University Heights without a great deal of additional effort. The initial term of the agreement is for five years starting July 1, 2019. Following the initial five- year period, either party can terminate the agreement with six months written notice. University Heights will compensate the City in the amount of $.25 per billed customer per month. They currently have approximately 370 residential customers. The City will also receive a one-time $2,500 fee to set up the billing system for this service. ATTACHMENTS: Description Resolution 28E Agreement Paul D. Pate pit OF AOR Ny W Secretary of State State of Iowa J4 AY 6 PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: } z FILED 28E 0 City of Iowa City City Johnson Party 2 Agreement LL M511736 Party 3 0 0 LL 6/6/2019 3:15:21 PM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: *Enter "Other" if not in Iowa Item 2. The type of Public Service included in this agreement is: 0 Unknown Service Type (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement for refuse & recycling billing services between the City of Iowa City and University Heights (Res 19-98) Item 4. The duration of this agreement is: (check one) ZAgreement Expires 6/30/2024 ❑Indefinite Duration [mm/dd/yyyyl Item 5. Does this agreement amend or renew an existing agreement? (check one) m NO ❑ YES Filing # of the agreement: (Use the fling number of the most recent version fled for this agreement) The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.gov/28e. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Fruehling FIRST Name Kellie Title City Clerk Department City Clerk Email kellie-fruehling(a)iowa-city.org Phone 319-356-5041 Full Legal Name Organization Type *County Party 1 City of Iowa City City Johnson Party 2 City of University Heights City Johnson Party 3 Party 4 Party 5 *Enter "Other" if not in Iowa Item 2. The type of Public Service included in this agreement is: 0 Unknown Service Type (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement for refuse & recycling billing services between the City of Iowa City and University Heights (Res 19-98) Item 4. The duration of this agreement is: (check one) ZAgreement Expires 6/30/2024 ❑Indefinite Duration [mm/dd/yyyyl Item 5. Does this agreement amend or renew an existing agreement? (check one) m NO ❑ YES Filing # of the agreement: (Use the fling number of the most recent version fled for this agreement) The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.gov/28e. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Fruehling FIRST Name Kellie Title City Clerk Department City Clerk Email kellie-fruehling(a)iowa-city.org Phone 319-356-5041 Prepared by: Dennis Bockenstedt, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLUTION NO. 19-93 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A 28E AGREEMENT FOR REFUSE & RECYCLING BILLING SERVICES BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY HEIGHTS WHEREAS, Chapter 28E, Code of Iowa, provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and WHEREAS, University Heights wishes for Iowa City to provide refuse & recycling billing services to University Heights, starting July 1, 2019; and WHEREAS, the City is willing to provide University Heights with refuse & recycling billing services, under the terms of an Agreement negotiated between the cities; and WHEREAS, under the terms of the Agreement, University Heights will pay Iowa City $.25 per billed account per month, and either party is able to terminate the Agreement with six months' notice to the other party but not before June 30, 2024; and WHEREAS, it is in the City's best interest to approve the attached 28E Agreement for Refuse & Recycling Billing Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached 28E Agreement for Refuse & Recycling Billing Services between the City of Iowa City, Iowa and University Heights, Iowa is hereby approved in substance, and the Mayor is hereby authorized to execute and the City Clerk to attest said Agreement. 2. The Iowa City Finance Director is authorized to administer the Agreement on behalf of the City of Iowa City. 3. The City Clerk is directed to file a copy of said Agreement with the Secretary of the State of Iowa, as required by Iowa Code Chapter 28E. Passed and approved this 23rd day of Anri1 20 19 . M OR y j /3 ATTEST:. CITY CLERK / 1 City Attorney's Office It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: Resolution No. 19-98 Page 2 AYES: NAYS: ABSENT: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton RESOLUTION NO. 19-19 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS PURSUANT TO IOWA CODE CH. 28E REGARDING BILLING FOR REFUSE AND RECYCLING COLLECTION SERVICES WHEREAS, the City of Iowa City, Iowa, provides certain water and sanitary sewer services to residents of the City of University Heights, Iowa, pursuant to an agreement for such services entered into by the two Cities pursuant to Iowa Code Chapter 28E; and WHEREAS, the City of University Heights desires to have the City of Iowa City perform certain billing services for the City of University Heights related to refuse and recycling services performed for residents of University Heights pursuant to an agreement between the City of University Heights and a refuse and recycling collection contract; and WHEREAS, the City of Iowa City agrees to perform such billing services under the terms and conditions set forth in an agreement pursuant to Iowa Code Chapter 28E in the form attached as Exhibit "A;" and WHEREAS, Iowa Code Chapter 28E permits local governmental entities to make efficient use of their resources and powers in order to provide joint services by way of a duly recorded agreement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY HEIGHTS, IOWA that the 28E Agreement Regarding Billing for Refuse and Recycling Services attached as Exhibit "A" is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest in duplicate the agreement on behalf of the City of University Heights. Upon motion by AA/ J 1,e, and seconded by Ij , the vote was as follows: ABSENT ABSTAIN AYE NAY Herbold Maher V Miller Moore Quezada 7� ABSENT ABSTAIN Upon Roll Call thus recorded, the Resolution is declared adopted this 9th day of April, 2019. r'iLo� (/Y/ Ld'h� uis A. From, Mayor ATTEST: �y 1 Christine M. Anderson, City Clerk Steve/UH Resolutions/Resolution 19-19 approving 28E agrmt for refuse billing 04 09 19 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR REFUSE AND RECYCLING SERVICES BILLING This Agreement is entered into on this 23rd day of April , 2019 between the City of Iowa City, Iowa, a municipal corporation ("Iowa City") and the City of University Heights, Iowa, a municipal corporation ("University Heights"). Iowa City and University Heights may also be referred to individually as a "Party", and collectively as the "Parties". Whereas, University Heights contracts with a private hauler (currently Johnson County Refuse, Inc.) to provide refuse and recycling collection services to approximately 368 households ("customers" )in University Heights; and Whereas, University Heights charges its customers a combined flat monthly rate for refuse and recycling collection services; and Whereas, University Heights has requested that Iowa City provide refuse and recycling collection billing services for University Heights, which services Iowa City is willing to provide in accordance with the terms of this Agreement; and Whereas, Iowa Code Chapter 28E (2019) permits local governments to enter into agreements for joint services and facilities, Now, therefore, in consideration of the mutual covenants and conditions contained herein, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Iowa City and University Heights agree as follows: I. Duration/Termination. The term of this Agreement shall be from July 1, 2019 through June 30, 2024. Thereafter, the Agreement shall automatically renew annually on July I unless terminated by either Party as provided herein. Either Party may terminate the Agreement effective the next successive June 30 by providing six (6) months written notice of termination to the other Party's City Clerk; provided, however, 1) that termination shall not occur before June 30, 2024, unless otherwise agreed in writing by the Parties; and 2) that if University Heights changes its refuse and recycling collection service provider or changes the method or mechanism for compensating its refuse and recycling collection service provider, University Heights may terminate this Agreement on 30 days written notice to Iowa City. IL No Separate Legal Entity. No separate legal entity is being created for purposes of this Agreement. III. Purpose. The purpose of this Agreement is for the Parties to arrange for Iowa City to provide refuse and recycling collection billing services to University Heights. IV. Administration. The Finance Director of Iowa City and Mayor of University Heights shall administer this Agreement on behalf of Iowa City and University Heights, respectively. V. Services Provided by Iowa City. Iowa City will provide the following services: • Maintain customer database of University Heights residential customers. • Send monthly bills to customers. • Collect customer payments and remit them weekly as directed in writing by University Heights either to University Heights or the designated contractor as specified by University Heights. • Direct customer phone calls received to University Heights. • Maintain billing and collection records. • Notify University Heights of customers that have not made payments for service within 60 days of due date. VI. University Heights Responsibilities. With the exception of the services provided by Iowa City, University Heights shall be responsible for, and Iowa City assumes no obligation for, the operation of University Heights' refuse and recycling collection services, including but not limited to the following: • Selecting and contracting with refuse and recycling collection contractor. • Managing performance or non-performance of contractor and customer complaints. • Determining and establishing monthly billing rates and fees. • Addressing customer non -payments, collection of past -due amounts and the delivery or discontinuation of service VII. Compensation. University Heights shall pay Iowa City monthly in the amount of (twenty-five cents ($0.25) per billed customer per month. Iowa City shall invoice University Heights for each month by the 15th day of the following month and University Heights shall pay the bill on or before the 15th of the following month. University Heights shall pay Iowa City a one-time set-up fee of $2,500.00 within 30 days of receiving an invoice from Iowa City. VIII. Notice. Notice by Iowa City to University Heights must be in writing and addressed to: City Clerk, City of University Heights, IA 1302 Melrose Avenue, Iowa City, IA 52246. Notice by University Heights to Iowa City must be in writing and addressed to: City Clerk, City of Iowa City, IA, 410 E. Washington St., Iowa City, IA 52240. Notice shall be effective as follows: On the date of delivery if hand delivered or 3 days after the date of mailing if by U.S. mail. IX. Waiver. The waiver of either Party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision by the same Party, or of any other provision or condition in this Agreement. 2 X. Indemnity and hold harmless. Each Party agrees to release, indemnify, and hold the other Party, its officers, agents, and employees harmless from and against any and all claims, suits, actions, debts, damages, costs, charges, and expenses, including court costs and reasonable attorney's fees, and expenses incidental thereto, and against any and all liability for property damage and personal injury, including death resulting directly or indirectly therefrom, which may be suffered by, or charged to, the other Party arising out of or by reason of any breach, violation or non-performance by that Party or its servants, employees, or agents of any covenant or condition of this Agreement or by any act or failure to act of those persons. X1. Entire Agreement. This Agreement sets forth all the covenants, promises, agreements, and conditions between Iowa City and University Heights concerning University Heights' refuse and recycling collection services and the billing therefor, and there are no other covenants, promises, agreements, or conditions, either oral or written, between them. This Agreement may not be modified or amended in any manner except by an instrument in writing executed by the Parties. XII. Filing. Upon approval and execution of this Agreement by Iowa City and University Heights, the City Clerk of Iowa City shall file this Agreement with the Office of the Iowa Secretary of State as required by law. CITY OF IOWA CITY, IOWA CITY OF UNIVERSITY HEIGHTS, IOWA JarYies A. Throgmorton"Mayor Louise A. From, Attest: Attest: 1 el ie Fruehling, 1�y Clerk Chris M. Anderso , Ci Clerk Approved: q 9--e, I - L/ City Attorney [REMAINDER OF PAGE INTETIONALLY LEFT BLANK.] 3 IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) 2� This record was acknowledged before me on this day of nPs-V l , 2019, by James A. Throgmorton, as Mayor, and Kellie K. Fruehling, as City Clerk, on behalf of the City of Iowa City, Iowa. QA CHRISTINEOLNEY /2�' &LL, �4 _CommiasionNumber806232 • • . MY Canmiasipn E ire Notary Public in and 6)the State of Iowa WA - UNIVERSITY HEIGHTS ACKNOWLEDGMENT STATE OF IOWA- ) JOHNSON COUNTY ) This record was acknowledged 20 as City Clerk, on behalf of the Ci U me on this day of A. Fr as Mayor, and Christine M. Anderson, Heights, log 2 Notary Public in and for the State of Iowa X. Indemnity and hold harmless. Each Party agrees to release, indemnify, and hold the other Party, its officers, agents, and employees harmless from and against any and all claims, suits, actions, debts, damages, costs, charges, and expenses, including court costs and reasonable attorney's fees, and expenses incidental thereto, and against any and all liability for property damage and personal injury, including death resulting directly or indirectly therefrom, which may be suffered by, or charged to, the other Party arising out of or by reason of any breach, violation or non-performance by that Party or its servants, employees, or agents of any covenant or condition of this Agreement or by any act or failure to act of those persons. XI. Entire Agreement. This Agreement sets forth all the covenants, promises, agreements, and conditions between Iowa City and University Heights concerning University Heights' refuse and recycling collection services and the billing therefor, and there are no other covenants, promises, agreements, or conditions, either oral or written, between them. This Agreement may not be modified or amended in any manner except by an instrument in writing executed by the Parties. XII. Filing. Upon approval and execution of this Agreement by Iowa City and University Heights, the City Clerk of Iowa City shall file this Agreement with the Office of the Iowa Secretary of State as required by law. CITY OF IOWA CITY. IOWA CITY Of UNIVERSITY HEIGHTS. IOWA uis A. From, Mayor Attest: Chris M. Anderson, City Clerk 1 Ci4-y [REMAINDER OF PAGE 1NTETIONALLY LEFT BLANK.] IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COU ) This record was acla odd befo me on this clay of 2019, 1_14wes A. Throgmorton, as Mayor, and Kellie K. Fruehling, as City Clerk, on behalf the City of Iow Jowa. Notary Public in and for the State of Iowa UNIVERSITY HEIGHTS ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) This record was acknowledged before me on this ` day of (.) - , 2019, by Louise A. From, as Mayor, and Christine M. Anderson, as City 'lerk, on behalf of the City of University Heights, Iowa. *ME LLARDer 161385spires 4 Notary Public in and for the State of Iowa Item Number: 7.c. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT April 23, 2019 Resolution approving an agreement between the City and the Downtown District to allow the sale, consumption, and possession of beer and wine during the Block Party, Farm to Street Dinner, and Northside Oktoberfest on City streets. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Simon Andrew, Ass't. to City Manager Fiscal Impact: None. Recommendations: Staff: Approval 1 •uu rffil "i.Gl Attachments: Resolution Agreement Executive Summary: The agreement, which is attached to the resolution, allows the "Downtown District" to sell beer and wine in a fenced off area in the central part of Iowa City during the Block Party on June 22, in the 100 block on N. Linn St. during Farm to Street dinner on Aug. 15, and in a fenced off area on the north side during the Northside Oktoberfest on Oct. 5. The exact locations of the sites are attached as exhibits to the proposed agreement and are the same as last year with the exception of including all of Clinton Street during the Block Party rather than just the east half. The agreement is substantially similar to the one executed last year. Background /Analysis: ATTACHMENTS: Description resolution agreement Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 19-99 Resolution approving an agreement with between the City and the Downtown District to allow the sale, consumption, and possession of beer and wine during the Block Party, Farm to Street Dinner, and Northside Oktoberfest on City streets. Whereas, section 4-5-3D of the City Code allows private entities to sell, consume, and possess alcohol in a city park, on public right-of-way or on a city ground excluding public buildings under limited circumstances; Whereas, Downtown District would like to be able to sell beer and wine in a demarcated area on a City street during the Downtown Block Party, Farm to Street Dinner, and Northside Oktoberfest; and Whereas, it is in the City of Iowa City's interest to execute the attached agreement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is authorized to sign the attached agreement and any needed amendments. Passed and approved this 23rd day of April 2019, ATTEST: CI CLERK Approved by City Attorney's Office Resolution No. 19-99 Page 2 It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: % Cole % Mims x Salih x Taylor x Teague % Thomas x Throgmorton Drafted by: Susan Dulek, Ass't City Attorney, 410 E. Washington St, Iowa City, IA 57240;319/356-5030 2019 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA CITY DOWNTOWN SELF - SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND WINE DURING THE BLOCK PARTY, NORTHSIDE OKTOBERFEST, AND FARM TO STREET DINNER This Agreement is made between Iowa City Downtown Self Supported Municipal Improvement District, d/b/a Iowa City Downtown District ("District") and the City of Iowa City, a municipal corporation ("City"), in Iowa City, Iowa. WHEREAS, District is an "authorized entity" as that term is defined in section 4-5- 3D of the City Code; WHEREAS, District has applied for a license to sell beer and wine during the Block Party, Farm to Street dinner and the Northside Oktoberfest; and WHEREAS, the parties wish to enter into an agreement to allow District to sell beer and wine and to allow persons to possess and consume beer and wine under limited circumstances on downtown City streets. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. a) Farm to Street. In consideration for District's promises herein, the City agrees to allow District control over an area in the 100 block of North Linn on August 15, 2019 from 5:00 pm to 9:00 pm as shown on the diagram which is attached, marked Exhibit A, and incorporated herein ("Farm to Street authorized site"). District must allow members of the public not participating in the event to walk through the Authorized Site on the sidewalk and keep the alley open for vehicle access. b) Oktoberfest. In consideration for District's promises herein, the City agrees to allow District control over the area in the 200 - 300 block of Market Street, the City parking lot in the 300 block, and 100-200 block of N. Linn St. on October 5, 2019 from 10:00 am to 6:00 pm as shown on the diagram which is attached, marked Exhibit B, and incorporated herein ("Oktoberfest authorized site"). District must allow members of the public not participating in the event to walk through the Authorized Site on the sidewalk. c) Block Party. In consideration for District's promises herein, the City agrees to allow District control over the area bounded on the north by the parking spaces on southern side of Iowa Avenue, on the east by the building face on the eastern side of Linn Street, on the south by the building face on the northern side of City Plaza (aka, the ped mall), and on the west by the westernmost side of Clinton Street from 5:00 pm to on June 22, 2019 as shown on the diagram which is attached, ma� hibit C, and incorporated herein ("Block Party authorized site"). District must allow members of the public not participating in the event to walk through the Authorized Site on the sidewalk. 2. Term. This agreement shall be in effect only on June 22, 2019 for the Block Party, on August 15, 2019 for Farm to Street dinner, and on October 5, 2019 for Oktoberfest. 3. Access. District shall take all reasonable steps to ensure that only persons over twenty-one (21) years of age have access to beer and wine. Said reasonable steps include, but are not limited to, ensuring that: a) all persons over twenty-one (21) years of age shall be provided a wrist band and an approved container upon purchase of beer or wine; and b) no one may possess an open container of beer or wine unless it is in an approved container and the person is wearing a wrist band. Approved container means a glass or cup that is approved by the City prior to the event. If the District observes anyone in possession of an open container of beer or wine (or any type of alcohol) that is not in an approved container or anyone in possession of an approved container with beer or wine who does not have a wrist band, the District shall immediately request that the person pour out the liquid. If the person refuses to do so, the District shall immediately contact the Iowa City Police Department. 4. License. This agreement is void if District does not have a license to sell beer and wine on the Block Party authorized site on June 22, 2019, beer and wine on the Farm to Street authorized site on August 15, 2019, and beer on the Oktoberfest authorized site on October 5, 2019. 5. Sale of BeerNVine and Alcohol Restrictions. District shall only sell beer and wine to a person who is over twenty-one (21) years of age. District acknowledges that the authorized sites are subject to all applicable alcohol restrictions in the City Code. 6. Advertisement. District shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site with the exception that signage may be placed on the interior and exterior tent walls. Sponsorship signage unrelated to businesses selling alcohol, beer, wine, or tobacco will be allowed. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized sites without any prior notice to determine compliance with the terns of this agreement. 8. Debris and Trash. District shall be solely responsible for collecting all debris and trash from the authorized sites, and the City shall then remove the debris and trash. If District fails to do so and if City staff has to collect the debris and trash from the authorized sites, District may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. No Smoking. a) Oktoberfest. Smoking is prohibited in the City parking lot, and District shall post two no -smoking signs in said lot for Oktoberfest. The signs shall comply with Iowa Code Section 142D.6 (2019). Additionally, the use of electronic cigarettes is prohibited in the parking lot. Electronic cigarette means vapor product as defined in Section 453A.1 of the Code of Iowa (2019). b) Block Party. Smoking is prohibited by City Code in City Plaza, aka the ped mall, but not in the alleys. Smoking is also prohibited by City Code on the sidewalk to the east of the Iowa City Public Library. Additionally, the use of electronic cigarettes is prohibited in these two areas. Electronic cigarette means vapor product as defined in Section 453A.1 of the Code of Iowa (2019). 10. Temporary Toilet Facilities and Hand Washing Stations. a) Oktoberfest. District shall provide at its sole cost sixty (60) temporary toilet facilities in the location shown on Exhibit A, including two (2) that are handicap accessible. District shall further provide at its sole cost thirty (30) hand washing stations adjacent to the facilities unless the facilities themselves are equipped with hand washing stations. b) Farm to Street. Toilet Facilities shall be available at High Ground Cafe. c) Block Party. District shall provide at its sole cost seventeen (17) temporary toilet facilities in the five (5) locations shown on Exhibit jr, including one (1) that is handicap accessible in three (3) locations. District shall further provide at its sole cost two (2) hand washing stations adjacent to the facilities unless the facilities themselves are equipped with hand washing stations. 11. Exits. District shall maintain at least three (3) exits in the authorized site and post "exit" signs at all exits, with the location and size of the signs to be approved by the City Fire Department. Each exit must be a minimum 36 inches in width. 12. Anchoring and Drilling. District shall not drill any holes into the pavement or the sidewalk and shall not anchor a tent tie down or pole to the pavement or the sidewalk. 13. Fencing. The authorized site shall be enclosed by fencing as approved by the City. 14. Security. District shall reimburse the City for the costs of an agreed upon number of officers, but not fewer than thirteen (13), at $69.00 per hour per officer from 5:00 pm on June 22, 2019 to 2:00 am on June 23, 2019 for the Block Party. Payment is due within thirty (30) days of receipt of an invoice. 15. Insurance. a) Premises Insurance. On June 22, 2019, August 15, 2019 and October 5, 2019, District shall carry comprehensive general liability insurance for bodily injury and property damage on the authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. District shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. District shall notify the City 1 week before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. On June 22, 2019, August 15, 2019 and October 5, 2019, District shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2019) in the amount of $500,000 (five hundred thousand dollars). District shall provide 1 week notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. c) Governmental Immunities Endorsement. District shall obtain a governmental immunities endorsement that meets the requirements set forth on Exhibit p, which is attached and incorporated herein. 16. Indemnification. District shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City, its officers, employees and agents any claim against the City, its officers, employees, and agents arising out of the use of the authorized site or sale, consumption, or possession of beer on the authorized site. 17. Non -Discrimination. District shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment' shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 18. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 19. Assignment and Subletting. District shall not assign or sublet this agreement without prior written approval of the City. 20. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. Dated, this I l* day of April, 2019. IOWA CITY AND IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT By: Nancy Bird, ExecutiveDirector THE CITY OF IOWA CITY Geoff Fruin, City Manager App[s�ed By 4 City Attorney's Office c m Farm to Street Dinner 6W e� August 15th, 2019 Set Up begins at 12pm, Event starts at 5pm, teardown begins at 9pm, streets open by 11 pm Liquor License through ICDD Multiple restaurants have agreed to allow the use of their restrooms for the attending guests Alley access: The alley will remain open for vehicle access Contact: 1st Jessica Pease: 815-238-8399, 2nd Betsy Potter: 319-331-9557 /N� WE S E Market St • „ F (Market St m Northside Oktoberfest 6E69-1E9-6690tl6N3d October 5th, 2019 Set up begins at 5am, Event starts at 10am, teardown begins at 3:30pm, Streets reopen by 7pm Green area indicates the event footprint that will not allow alcohol Liquor License through TCDD: Black area indicates the event footprint that will allow alcohol Blue and read pins indicate tables and chairs Blue area indicates portable toilets Contact: Christopher Hunter: N 319-899-9296 w E S E lit 0 rket St E Bloomington St Wentz House Advertising Companv f�� ti uI— . —. I_ 4 V4 Q ra :n At finer Ur Dave'; Fox He; z v x John's Grocery Z El M Downtown Block Party N June 22nd, 2019 wE Set up begins at 5am, Event starts at 5pm, teardown begins at 11:3Opm, s streets open by 3am The event area will be within the black line. Open container and the liquor license will cover this area. There will be 5 locations for portable toilets with a minimum of 20 in total, including ADA accessible locations. In addition, all of the restaurants and bars will allow their restrooms to be used. Iowa Ave: Only the North Parking spots will be closed to vehicle traffic Clinton St, Linn St & Washington St as shown will be entirely closed to traffic Contact: Betsy Potter: 319-331-9557 p O 9 b ponable 10,10861. EN ,44pynaMetakts Ewashinq. 0 Bo xsnd 0 iA 0 Mwwenawgr O3 ponable taaats 1 a. town Ave Q 5 MoUtor portable Tol E e St F College st EXHIBIT Governmental Immunities Endorsement 1. Non -waiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Iowa City, Iowa as Additional Insured does not waive any of the defenses of governmental immunity available to the City of Iowa City, Iowa, under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Iowa City, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the. defense of governmental immunity on behalf of the City of Iowa City. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Iowa City Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Iowa City, Iowa. 5. No Other Change in Policy. The insurance carrier, the City of Iowa City, Iowa, agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. 0 Item Number: 7.d. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT April 23, 2019 Resolution authorizing an agreement between the City of Iowa City and the Police Labor Relations Organization of Iowa City to be effective July 1, 2019 through June 30, 2020. Prepared By: Karen Jennings, Human Resources Administrator Reviewed By: Ashley Monroe, Assistant City Manager Fiscal Impact: Recommendations: Staff: Approval Commission: Attachments: Collective bargaining agreement Resolution Executive Summary: The current Police union collective bargaining agreement expires June 30, 2019. The City participated in collective bargaining with the Police union in accordance with Chapter 20 of the Iowa Code. A tentative agreement was reached in mediation on January 31, 2019 which was ratified by the union and approved by City Council. Background /Analysis: The Police union agreement was voluntarily settled for one year. The negotiated wage adjustment provides a 2.75% across the board increase (ATB) in July 2019. The insurance terms include settlements equivalent to the AFSCME and Fire union settlements for FY20 which includes increased employee cost share through higher deductibles, out of pocket maximums, and premium contribution. The collective bargaining agreement is attached and also includes a language modification to the dues checkoff provision to reflect current state law and also reinstates all articles from the prior collective bargaining agreement. ATTACHMENTS: Description Resolution PLRO Collective Bargaining Agreement Prepared by: Karen Jennings, Human Resources Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025 Resolution No. 19-100 Resolution authorizing agreement between the City of Iowa City and the Police Labor Relations Organization of Iowa City to be effective July 1, 2019 through June 30, 2020 Whereas, the City of Iowa City (hereinafter the City), and the Police Labor Relations Organization of Iowa City (hereinafter the Union), through their designated bargaining representatives have negotiated a collective bargaining agreement to be effective July 1, 2019 through June 30, 2020, a copy of which Agreement is attached to this resolution and by this reference made a part hereof; and Whereas, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. Now therefore be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 23rd day of April _'2019 M or Attest: Q City Clerk Appro City Attorney's Office It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton -(,A CONTRACT BETWEEN CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY JULY 1, 2019 TO JUNE 30, 2020 TABLE OF CONTENTS ARTICLE PAGE Preamble............................................................................................................................... 1 ArticleI — Recognition........................................................................................................... 2 Article II -- Management Rights............................................................................................. 2 ArticleIII — Check Off............................................................................................................ 2 Article IV Union Business Agents....................................................................................... 3 ArticleV Union Meetings.................................................................................................... 3 ArticleVI Bulletin Boards.................................................................................................... 3 ArticleVII -- Seniority............................................................................................................. 4 Article VIII -- Daily and Weekly Hours of Work...................................................................... 4 Article IX — Overtime-Standby............................................................................................... 6 ArticleHolidays............................................................................................................... 7 ArticleXI Vacations............................................................................................................ 8 ArticleXII -- Sick Leave......................................................................................................... 8 ArticleXIII Special Leaves................................................................................................. 9 ArticleXIV Lay-Offs............................................................................................................ 11 ArticleXV Training............................................................................................................. 12 Article XVI -- Personnel Transactions - Rules....................................................................... 12 Article XVII — Watch Transfers.............................................................................................. 13 ArticleXVIII -- Insurance........................................................................................................ 13 ArticleXIX -- Equipment........................................................................................................ 13 Article XX -- Weapons and Special Equipment..................................................................... 14 Article XXI Adequate Facilities........................................................................................... 14 ArticleXXII — Uniforms.......................................................................................................... 15 Article XXIII -- Duty Outside the City...................................................................................... 15 Article XXIV — Supplemental Employment............................................................................ 16 Article XXV — Position Classification..................................................................................... 16 Article XXVI Grievance Procedure..................................................................................... 16 Article XXVII -- Effective Period............................................................................................. 19 Article XXVIII Compensation.............................................................................................. 19 Article XXIX -- Public Emergency.......................................................................................... 20 Article XXX — General Conditions......................................................................................... 20 PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimination. That parties specifically agree to the following Articles: ARTICLE I RECOGNITION Section 1. The City recognizes the Union as the exclusive bargaining agent for all employees within the classification set forth in Section 2 of this Article. Section 2. The bargaining unit covered by this Agreement shall include all Iowa City police officers and does not include the Police Chief, Captains, Lieutenants, Sergeants, and any other individuals who are or may become confidential, administrative, supervisory, or less than half-time employees or those excluded by Chapter 20, Code of Iowa. Section 3. The City and the Union will negotiate only through authorized representatives and there will be no private agreements between officers and supervisors contrary to the terms in this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, powers and authority include, but are not limited to, the following: a. To direct the work of its employees. b. To hire, promote, demote, transfer, assign and retain officers within the Iowa City Police Department. C. To suspend or discharge officers for proper cause. d. To maintain the efficiency of governmental operations. e. To relieve officers from duties because of lack of work or for other legitimate reasons. f. To determine and implement methods, means, assignments in personnel by which its operations are to be conducted and to develop and enforce rules of work and safety standards. g. To take such actions as may be necessary to carry out its mission. h. To initiate, prepare, certify and administer its budget. i. To exercise all powers and duties granted to it by law. ARTICLE III CHECK OFF Section 1. If permitted by law, the City agrees to deduct Union membership fees and dues in a specific dollar amount once each month from the pay of those employees who individually authorize in writing that such deductions be made. Authorizations delivered to the City ten (10) days prior to the first day of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. Section 2. Check off moneys will be deducted from the first pay check of each month, and shall be remitted, together with an itemized statement, to the Union Treasurer within the ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the month after which the officer is no longer a part of the bargaining unit. An officer may voluntarily cancel or revoke authorization for check off upon ten (10) days written notice to the City. The City shall promptly forward a copy of such notice to the Union. Section 4. The City will not be liable for damages arising by virtue of mistakes in connection with funds collected under the provisions of this Article. ARTICLE IV UNION BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such investigation. Any such investigation or administration shall be conducted so as not to interfere with routine City business, and any such agent shall comply with City safety and security regulations. ARTICLE V UNION MEETINGS Section 1. Officers may use City facilities when available for the purpose of holding scheduled Union meetings. Section 2. With the permission of the Chief of Police, officers on duty may be permitted to attend any Union meeting. ARTICLE VI BULLETIN BOARDS Section 1. The City shall provide a bulletin board to be located in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorsement or any libelous material and no political notice shall be posted urging support of any specific cause or candidate. Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. ARTICLE Vll SENIORITY Section 1. Seniority shall mean the status, priority, or precedence obtained as a result of continuous length of service as an Iowa City police officer. Seniority shall commence on the date of employment as an Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2. The City in cooperation with the Union shall maintain and keep posted on the bulletin board referred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon a. Resignation. b. Discharge for just cause. C. Absence from work for a period of three (3) consecutive scheduled working days without notifying the City or without good excuse. d. Giving a false reason for leave of absence. e. Failing to report for work within fifteen (15) days after notice from the City (by United States Certified Mail with Return Receipt Requested to last known address) notifying him/her to report for work following lay-off. Section 4. Seniority shall accrue during all special leaves, disabilities, sickness, vacation or other periods of time unless there is a specific provision to the contrary in this Agreement. In the event that more than one individual has the same seniority date the order of seniority will be determined by lot. Section 5. Except as otherwise specifically provided herein, seniority shall be the controlling factor to be considered in making determinations for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where required by Federal or State law. Section 6. Officers with five (5) or more years of seniority shall be entitled to hash marks on their uniform sleeves, with one hash mark representing five (5) years of service. ARTICLE Vlll DAILYAND WEEKLYHOURS OF WORK Section 1. Work Week a. The work week for officers who are not working a continuous watch shall usually consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the officer and his/her supervisor. The work week may be changed to meet changing departmental needs, with the agreement of the affected employee. b. The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Four (4) consecutive days consisting of three (3) eight (8) hour days followed by a ten and one quarter (10 Y4) hour day on the fourth day (or other day in the rotation as agreed upon by the Union and the Chief) followed by two (2) days off. (2) A repetition of the above schedule. (3) The daily schedule outlined above may be amended by increasing the number of hours per day and/or reducing the number of work days per week upon agreement of the union and the police chief. C. Days off shall be defined as beginning with the end of the last regularly scheduled working day and ending at the start of the next regularly scheduled working day as set forth in the schedule in Section 1. For example: (1)For an officer assigned to the 7 a.m. to 3 p.m. watch, days off shall commence at 3:00 p.m. on the last regularly scheduled working day and end at 7:00 a.m. on the next regularly scheduled working day. (2)For the 3 p.m. to 11 p.m. watch, days off commence at 11 p.m. on the last regularly scheduled working day and end at 3 p.m. on the next scheduled working day. (3)For the 11 p.m. to 7 a.m. watch, days off commence at 7 a.m. on the last regularly scheduled working day and end at 11 p.m. on the next scheduled working day. Section 2. Work Day. A work day shall consist of eight (8) consecutive hours with the officer reporting fifteen (15) minutes prior to the commencement thereof and staying, if requested to do so, fifteen (15) minutes after such work period. Section 3. Rest Periods. To the greatest extent possible, each officer shall be granted two (2) fifteen (15) minute rest periods during each work day. The first rest period to occur between the second and third hour, and the second rest period to occur between the fifth and sixth hour. The rest periods set forth herein may be varied upon mutual agreement of the officer and his/her supervisor. Section 4. Lunch Period. To the greatest extent possible, each officer shall be granted a lunch period of not less than thirty (30) minutes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the officer and his/her supervisor. Section 5. Notification. To the greatest extent possible, an officer shall be notified twenty-four (24) hours in advance if he/she is required to work on a day off. Section 6. Straight Time Pay. Straight time pay (sometimes herein referred to as regular pay or regular wage) shall mean the base hourly rate paid for the regular working day and working week. In implementing negotiated across-the-board salary increases, the base hourly rate shall be multiplied by any negotiated percentage increase, rounded in accordance with mathematical standards, to obtain the new base hourly rate. Base hourly rate multiplied by two thousand eighty (2080) equals annual salary. ARTICLE IX OVERTIME - STANDBY Section 1. Overtime. With the exception of Section 8 of this Article, overtime is work performed by an officer in excess of an assigned duty day, forty (40) hours a week, or minimal call-in time as hereinafter defined. All overtime work shall be the subject of a written instrument specifying the overtime thereof and each officer shall receive a copy of any such instrument after the same has been approved or disapproved by the City. Authorization by the watch commander is required for overtime work. Section 2. Overtime will be compensated at the rate of one and one-half (1Y�) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. Section 3. An officer who has left work and is recalled with less than twenty-four (24) hours prior notice shall receive credit for a minimum of two (2) hours of overtime. Section 4. Overtime Equalization a. Scheduled overtime shall be assigned to officers considering seniority, the type of work required, the ability of the individual officer and his/her desire to perform the overtime service. Occasions involving unexpected/non-scheduled overtime, the on -duty supervisor is only required to consider on -duty available personnel, but is required to offer the overtime according to seniority, type of work required, the ability of the individual officer and his/her desire to perform the overtime service. Such overtime assignments shall be subject to limitation as to the number of hours based on the Chiefs determination, taking into consideration the safe and efficient operation of the police department. b. The parties agree that the above overtime equalization provisions or any other provisions of this contract shall not be construed to mean that overtime is voluntary. Employees requested to work overtime are required to do so. Section 5. Overtime Rest Period. If an officer is required to work two (2) or more hours immediately following and beyond his/her normal work day, he/she shall receive either: a. A rest period of at least one-half ('/z) hour immediately following his/her normal work day, or b. One additional one-half ('/) hour of paid compensation at the overtime rate as the officer and his/her supervisor may determine. Section 6. Stand-by Time. The parties realize that it may be necessary or desirable for the City to require officers to be available on a stand-by status where they may be called to duty upon short notice. The City shall advise such officer at the earliest possible date of any such required stand-by service, and the officer shall receive one hour of compensation at straight time for each eight (8) hours of stand-by time. Section 7. Accumulated Overtime. Overtime accumulation for time off shall not exceed fifty (50) hours in any one fiscal year and any excess in accumulation over fifty (50) hours shall be paid. Any overtime accumulated at the end of the fiscal year shall be paid. However, accumulated overtime may be carried over from one fiscal year to the next, to be used as time off only, and must be used by September 1. 7 Section 8. Court Time. The greater of two (2) hours or actual time spent will be credited to an officer when, in obedience to a subpoena or direction by proper authority, appears for the federal government, the State of Iowa, or a political subdivision, or in a private litigation when not a party to the litigation and when such appearances arise from the performance of his/her duties, obligations, or activities as a police officer. Overtime earned as defined in this section will be compensated at the appropriate overtime rate. ARTICLE X HOLIDAYS Section 1. The following days shall be paid holidays for officers: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to officers who do not work a continuous watch the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that officers observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, the officer may select a particular day between December 17 and January 6 subject to the approval of his/her supervisor. Such officers will be allowed to take the day preceding or following a holiday as designated by the City Manager if the holiday falls on the officer's day off. Section 3. Police officers on a continuous watch shall receive ninety-six (96) hours of holiday credit on July 1 annually. Any continuous watch officer who begins work after July 1 of any year will receive credit for the remaining holiday dates until the following July 1. If an officer separates after July 1 of any year, those holiday dates which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. e.g., Officer A receives credit for ninety-six (96) hours of holiday time on July 1. The officer terminates on November 1 and HAS NOT USED ANY holiday hours. He/she would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Officer B receives ninety-six (96) hours of holiday credit on July 1. Officer B terminates November 1 and HAS USED forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from the last week's wages. If an officer works a full watch on a holiday, four (4) hours of additional holiday credit will be given during the pay period in which the holiday occurs. If an officer works more or less than a full watch on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section 4. For the purpose of this Article, the holiday begins at 11:00 p.m. on the day preceding the holiday date and continues for a period of twenty-four (24) hours thereafter. The watch starting time controls holiday designation. For continuous watch officers, a holiday shall be observed on the day it occurs. For non -continuous watch officers, a holiday which occurs on Sunday will be observed on the following Monday. One which falls on Saturday will be observed the preceding Friday. ARTICLE XI VACATIONS Section 1. Vacations shall be earned and accumulated by pay period according to the following schedule: Length of Service 0-5 years 5 years and one day -10 years 10 years and one day -15 years 15 years and one day -20 years 20 years plus Days Earned Per Month 1 1.25 1.5 1.75 2 The maximum annual carryover from one year to another shall be two hundred twenty-four (224) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety-two (192) hours. Section 2. The process for granting vacation time shall be as follows: Vacation leave may be requested beginning in December for the following calendar year. Vacation leave will be approved by the officer's supervisor on or before February 1 of each year. Officers will be granted vacation leave, in increments of one day or more, in order of seniority. After February 1, vacation leave requests will be approved in the order they are received. In the event that two requests are received at the same time, seniority shall prevail. ARTICLE XII SICK LEAVE Section 1. Accumulation. Officers shall be granted one (1) day of sick leave for each month, and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be granted for an officer having a leave without pay. Any officer granted a paid leave shall continue to earn sick leave. Upon termination of employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one-half ('/) of the officer's then current hourly base salary, provided, however the dollar amount of the payment may be up to but shall not exceed the amount that an officer would have been due if he/she had terminated on June 28, 1985. Officers hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. Section 2. Use of Sick Leave. a. After completion of the initial probationary period, a day of accumulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour -to -hour basis. A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable notification by the supervisor of the need for a doctor's statement will be given in order to allow time to comply. b. In addition to sickness of an officer, sick leave may be used for (1) Duty connected disability. W (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the officer's mother, father, mother-in-law, father-in-law, including mother or father of a domestic partner, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. (3) Health maintenance needs, e.g., doctor or dentist appointments. The officer will make every attempt to schedule such appointments in off-duty hours. Section 3. Notification. An officer shall notify his/her supervisor or a supervisor on duty on the watch immediately preceding his/hers, as soon as reasonably possible, of any sickness or illness which will cause him/her to miss work and unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but may be charged to other accumulated leaves or to leave without pay. Employees who become sick on duty shall notify the watch supervisor before leaving duty. Section 4. In the event an officer is injured or disabled on the job requiring time from work, no deductions shall be made from the officer's accumulated sick leave unless such officer requires more than two (2) working days in which to recuperate and return to work. ARTICLE XIII SPECIAL LEAVES Section 1. On -the -Job Injury. Upon application the City may, in addition to any other leave, grant a leave of absence with pay in the event of an injury or illness of an officer while on duty provided the following conditions exist: That the injury or illness is determined compensable by the Iowa City Temporary Disability Review Board (the Board) and b. The medical advisor of the Board determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the watch when the injury occurs and for a period of two (2) days thereafter if authorized by the Board. If the injured or disabled officer requires more than two (2) days in which to recuperate and return to work, any additional absence will be charged to sick leave or if sick leave is exhausted, to leave of absence with pay until a temporary disability pension is granted by the Board after which determination the sick leave and any other leaves used for such purpose shall be restored. In the case of apparent on-the-job injury, the Police Chief, with approval from the City Manager, may waive conditions a. and b. above and approve a leave of absence with pay prior to a determination of compensability by the Board. However, in the event that the injury or illness in question is subsequently determined to be non -compensable by the Board, the officer shall reimburse the City for the leave advanced, using current accrued leave, then future accrued leave, then final pay. Section 2. Funerals. An officer will be granted up to three (3) days per occurrence with no loss of compensation nor loss of accrual from sick, annual, nor compensatory time to attend the funeral of his/her spouse, domestic partner as recognized by City policy, children, mother, father, grandparents, stepparents, sister, or brother. 10 An officer will be granted one (1) day per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother-in-law, father-in-law, grandparents -in-law, aunt or uncle, brother-in-law, sister-in-law, permanent member of the immediate household, or for a military funeral in which such officer participates in the ceremony. In such cases, he/she may be granted up to two (2) additional days for travel, if necessary, as determined by his/he supervisor. In-law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an officer shall be permitted to use up to three (3) days per occurrence of his/her accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off from work, which has been recommended by the Chief of Police and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the officer shall return to work in the same step or capacity as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during such period, no officer shall earn sick, vacation, or other leave. In the event an officer fails to return to work at the end of any such leave, he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the officer: a. Cannot pay retirement contributions if the leave exceeds one (1) month in duration. b. Shall not receive any other job benefits during the period of absence. C. Must use all accumulated vacation and compensatory leaves to which he/she is entitled prior to the time that the leave without pay commences. d. Shall not accrue seniority during leaves exceeding thirty (30) days. e. Must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired, as follows: For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. 11 The Chief of Police may make exceptions to the above conditions (a. through d.) for leaves not exceeding ten (10) working days. Section 4. Jury Duty. Any officer summoned for jury duty shall receive regular standard time pay during any period of jury service and shall earn and be entitled to all benefits as if on duty without charge against sick or vacation leave. The City shall receive the pay earned from such jury service but the officer shall receive allowance for mileage and expenses unless furnished by the City. An officer who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining on his/her watch shall return to work. Time spent on jury service by officers whose daily duty hours are other than when court is in session may be credited against the officer's daily duty hours to the extent determined by the Police Chief. Section 5. Witness Fees. An officer shall be granted leave with pay when required to be absent from work for the purpose of testifying in court or appearing in response to any legal summons which falls under the provisions of Article IX, Section 8, of this agreement, and the City shall receive the witness fees except the witness fees paid to an officer for off duty (unpaid) periods which belong to said officer. Section 6. Military Leave. Officers belonging to or called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Officers subject to the foregoing shall, upon re -instatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States had been spent in regular employment with the City. Section 7. Voting Time. An officer shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible to vote during off hours, and no charge shall be made for time spent for such purpose. Section 8. Pregnancy Leave. A pregnant officer shall be entitled to a leave of absence without pay if she is physically incapacitated as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All officers requiring such leave shall notify the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of extension granted by the City, the officer will be considered to have voluntarily resigned or retired. ARTICLE XIV LAY-OFFS Section 1. Lay-offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the current Code of Iowa. Section 2. Officers separated because of lay-off will be given formal written notice at least two (2) weeks in advance of the separation date or two (2) weeks of regular base pay in lieu of such notice. 12 ARTICLE" TRAINING Section 1. To the greatest extent possible, an officer shall receive or have the opportunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be required to participate in any such program on a day off unless the City pays said officer one hundred fifty percent (150%) of his/her hourly base pay. However, the police chief may assign an alternate day off in lieu of overtime pay for training with the consent of the affected officer. This section shall not be applicable to officers in probationary status. Section 4. In the event an officer is not performing his/her duties satisfactorily, the City may require such officer to complete a special training course as recommended by the City in an effort to assist said officer to achieve satisfactory performance of his/her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police. Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non -required training program. Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as determined by the Chief of Police. Section 6. This Article shall not be applicable to training programs attended by an officer on a voluntary basis when not on duty. Section 7. The City shall post and maintain on the bulletin board referred to in Article VI a schedule of City approved training programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his/her own expense with the approval of the Chief of Police which shall not be unreasonably withheld. ARTICLE XVI PERSONNEL TRANSACTIONS -RULES Section 1. An officer will be given copies of all documents placed in his/her personnel file within ten (10) days of the time any such document is placed therein. No document will be considered for the purpose of evaluation, promotion or discipline of an officer unless such document has been placed in the personnel file. Section 2. The City will promulgate departmental rules and regulations and provide each officer with a copy thereof. Upon promulgation of said rules and regulations, all prior rules, regulations, directives, and general orders, except as specifically noted in writing, will be cancelled. Section 3. Minor infractions shall be removed from an officers file within a period of one (1) year after the filing of the documentation and action taken, and thereafter shall not be considered for any purpose whatever. 13 ARTICLE XVII WATCH TRANSFERS Section 1. In the event that an officer having seniority desires to transfer to a different watch, he/she shall make application to the Chief of Police. The Chief of Police will not unreasonably withhold permission to transfer after considering the ability and experience of the officer, the nature and type of work to be performed on the watch, and the need for personnel having certain qualifications on said watch. No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police will give special consideration to the facts and circumstances related thereto. Subject to the foregoing, officers may trade watches provided that the Chief of Police approves any such transfer. Section 2. No officer who is transferred shall lose any days off, sick or vacation leave by virtue of such transfer unless mutually agreed by the officer and the City. Section 3. The employer agrees to provide to each affected officer written reasons for and reasonable notice of involuntary watch transfers with due regard for seniority. To the greatest extent possible, such notice shall precede the effective date of transfer by fourteen (14) days. ARTICLE XVIII INSURANCE Section 1. The City shall maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. Employees who elect to obtain coverage will pay a portion of the monthly premium (prorated for part-time employees) toward the cost of such coverage, as follows: sixty-five dollars ($65.00) per month for single coverage and one hundred and five dollars ($105.00) per month for family coverage in FY 2020. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge 'their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. Section 2. The City shall provide, at no cost to the officer, single coverage dental insurance for each officer. Section 3. The City shall provide, at no cost to the officer, a policy insuring the life of said officer in an amount equal to his/her annual salary. Any fraction of $1,000 in annual salary shall be rounded off to the next higher thousand. ARTICLE XIX EQUIPMENT Section 1. Officers shall not be required to operate motor vehicles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. Any officer operating a motor vehicle shall, at some period during or immediately following the work day, report any defect noticed by him/her in said vehicle to the watch commander. Section 3. All other equipment furnished by the City shall be maintained by the City in good working condition and in accordance with all applicable safety standards. 14 Section 4. The City will furnish required motor vehicles and other required equipment. Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided with adequate protective clothing as reasonably determined by the Chief. Section 6. To the greatest extent possible, officers shall properly use the equipment furnished by the City. Section 7. Equipment issued by the City shall be returned to the City at such time as the employment of an officer is terminated. Nonexpendable items not returned will be paid for by the officer. Section 8. The City shall provide appropriate regulation equipment in accordance with applicable safety regulations. Section 9. Each officer on duty, regardless of assignment or proximity to other officers, shall be provided with a proper functioning portable two-way radio capable of transmitting and receiving on radio frequencies assigned to the Iowa City Police Department. In addition, officers assigned to walking, traffic control, or any other assignment which creates difficulty in hearing radio transmissions shall be provided with a remote speaker/microphone attachment to the portable radio unit enabling the officer to hear radio transmissions without removing the portable radio from its belt carrier. ARTICLE XX WEAPONS AND SPECIAL EQUIPMENT Section 1. Service ammunition for regulation weapons shall be provided by the City. Section 2. The City shall provide at least fifty (50) rounds of target ammunition monthly for each officer required to carry a weapon to enable the officer to maintain efficiency with the weapon. The Chief of Police shall prescribe the use to be made of such ammunition. Section 3. The City will furnish a bullet-proof vest for each officer and will replace them as necessary. ARTICLE XXI ADEQUATE FACILITIES Section 1. The City shall provide adequate locker and other facilities separately for male and female officers. 15 ARTICLE XXII UNIFORMS Section 1. The City shall provide each officer with uniforms used in the performance of the duties of police officers (original issue - new equipment). a. One (1) winter and one (1) summer regulation hat. b. Three (3) regulation ties. C. Six (6) winter and six (6) summer permanent press regulation shirts. d. Four (4) pairs of regulation trousers. e. One (1) winter and one (1) summer regulation jacket. f. One (1) raincoat, reversible, consisting of a black side and a reverse side of a reflective International Orange. g. Two (2) regulation hat covers. h. Two (2) pairs of regulation winter gloves. i. One (1) regulation pants belt. Section 2. Plain clothes officers shall receive a clothing allowance of seven hundred ($700.00) per year of assignment. Employees shall receive for cleaning of uniforms or plain clothes officer's clothing and/or shoes and/or boots related to employment the amount of one hundred and seventy five ($175.00). Permanent employees shall receive the $175 cleaning and/or shoe/boot allowance on the first paycheck in July. Plain clothes officers shall receive one-half of the annual clothing allowance ($350.00) on the first paycheck in July and one-half ($350.00) of the annual clothing allowance on the first paycheck in January. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. Section 4. Replacement: a. Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage. b. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven (7) days of receipt by the designated supervisor. ARTICLE XXIII DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. Mp ARTICLE)OW SUPPLEMENTAL EMPLOYMENT Section 1. Officers shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employer, and if the supplemental employment is related to or along the lines of police work, to notify the City of the work schedule, compensation, and specific duties in addition to the above information. ARTICLE XXV POSITION CLASSIFICATION Section 1. For salary purposes, there shall be no distinction between patrol officers, detectives, juvenile officers, or other positions not having civil service certification. Section 2. In the event that any officer is designated in a higher job classification on a temporary basis for more than one complete duty day, said officer shall receive his/her own pay plus an additional sixty cents ($.60) per hour during such temporary assignment. ARTICLE XXVI GRIEVANCE PROCEDURE Section 1. Definition - General Rules a. The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this Agreement. b. An officer will not be required to be represented by a Union steward at any grievance hearing. A steward shall have the right to be present for the purpose of ascertaining whether or not the issue involved has any application to the Union generally or to other officers who have not filed a grievance. The Union shall have the right to designate four (4) stewards and four (4) alternate stewards for the purpose of representing officers in the investigation and presentation of grievances. The Union shall give written notice to the City Manager and Chief of Police the names and address of stewards and alternate stewards for the purpose of representing officers. Not more than a total of ten (10) hours per month paid time may be used by the stewards in the resolution of employee grievances. No more than one steward shall represent a grievant at any one grievance hearing. Grievance procedures occurring on duty time will be scheduled so as not to interfere with assigned police work. Permission to process grievances will not be unreasonably denied. C. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determination of disputes which arise under the terms and conditions of this Agreement. If an officer proceeds beyond Step 3 of Section 2 of this Article XXVI in connection with any grievance, such action shall constitute an election by said officer to proceed under the terms of this Agreement and shall be a waiver of any other remedy available except as specifically provided by law. 17 d. The grievance procedure shall be available to any officer who is not awarded an increase in salary advancement to which the officer would be entitled by virtue of time in grade. e. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. If a response to a grievance is not received within the time limitation hereinafter provided the grievant may proceed to the next step in the grievance procedure except the time limitation referred to in this Article may be extended by agreement of the parties. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. Steps of the grievance procedure may be waived by mutual consent of the parties. The word "day" as used in this Article shall mean working day and shall exclude Saturdays, Sundays, and holidays. Section 2. Procedure. A grievance that may arise shall be processed and settled in the following manner: a. Step 1. The grievance shall be presented orally for discussion between the officer involved, the steward, and the appropriate City supervisor within five (5) working days after knowledge of the event giving rise to the grievance. The supervisor shall either adjust the grievance or deliver his/her answer to the aggrieved officer and steward within five (5) working days after such Step 1 conference. In the event no response is received from the supervisor within said five (5) day period, the grievance shall be processed pursuant to Step 2. b. Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his/her steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his/her designated representative who shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon. The grievance shall contain a statement from the officer specifying the name of the Grievant and of the Steward (if applicable), the substance of the grievance and the specific provision(s) of this agreement allegedly violated by the employer, and what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he/she is entitled. The Union shall be furnished with a copy of such decision at the time it is issued. C. Step 3. A grievance not adjusted at Step 2 may be submitted by the grievant or the Union to the City Manager or his/her designee within fifteen (15) days of receipt of the Chiefs Step 2 response if no meeting is scheduled. The City Manager will investigate and respond to the grievant within ten (10) working days and meet personally with the grievant and steward if such a meeting is requested in writing. Arbitration. A grievance not adjusted at Step 3 may be submitted to a neutral third party for binding arbitration. A request for arbitration must be submitted in writing and signed by the grievant within fifteen (15) working days following receipt of the City Manager's Step 3 response. Copies of any such request will be furnished to the City and to the Union. 18 Except as otherwise provided, the cost of arbitration shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case and either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The cost of a certified court reporter, if requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the grievant within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbitrator, a request shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators who are members of the National Academy of Arbitrators (NAA). Both the City and the grievant shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, rules and regulations applicable. Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. Section 3. Administrative Conferences. a. The conference group shall consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Union. At least two (2) representatives from each party will attend any meeting. b. The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommendation will be contrary to the terms of this agreement. The City will release from duty not more than two (2) officers for not more than two (2) hours for time spent in conference. C. A conference shall be held no more than once every sixty (60) days unless the parties mutually agree otherwise. These meetings shall be held in City facilities, if available. d. All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A representative of the Union and the City shall exchange agendas for items for consideration at least three (3) days in advance. 19 ARTICLE XXVII EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 2019, and shall continue through June 30, 2020. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. ARTICLE XXVIII COMPENSATION Section 1. The effective date of compensation and benefits adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. Commencing the effective date of the compensation period as defined in Section 1 of this Article, the City shall increase the pay of all officers by two and seventy five hundredths percent (2.75%) at the beginning of fiscal year 2020 (effective June 30, 2019). (A copy of the Police Pay Plan is attached as "Attachment A" to this agreement.) Officers will receive step increases in pay according to the following schedule: Step 1. Upon appointment. Step 2. Twelve months from date of appointment. Step 3. Eighteen months from date of appointment. Step 4. Thirty-six months from date of appointment. Step 5. Fifty-four months from date of appointment. Step 6. One Hundred Twenty months from date of appointment* *Effective December 25, 2011 Section 3. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last paycheck in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 5 years 10 years 15 years 20 years 25 years This payment will be pro -rated on the terminate before December 1 in any fiscal year. will reimburse the City on the same pro -ration. AMOUNT $475.00 $800.00 $950.00 $1100.00 $1350.00 basis of monthly segments for members who Any employee who terminates after December 1 20 Section 4. Watch Differential. Officers working the 3 to 11 watch on a regular basis will receive thirty (30) cents per hour on top of their normal wage for all hours worked from 3 p.m. to 11 P.M. Officers working the 11 to 7 watch on a regular basis will receive forty-five (45) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. Officers working overtime will continue to receive watch differential at the same rate as their normal duty hours. Section 5. Special Duty Pav. Officers who are assigned to and performing K-9 duty on a regular basis shall be paid for one-half hour per day as kennel time at the applicable overtime rate. Officers designated as Field Training Officers (FTO) when assigned to actively performing the duties of FTO, shall receive, in addition to any other compensation to which they are entitled, 10% of their hourly pay for each hour of FTO duty. ARTICLE XXIX PUBLIC EMERGENCY Section 1. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. ARTICLE)00( GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any party includes its agents, officials, and employees. Section 3. Non-discrimination. Both parties affirm that the provisions of this Agreement shall be applicable to all officers regardless of race, color, creed, disability, gender identity, marital status, national origin, religion, sex, age or sexual orientation. Section 4. Waiver. This Agreement supersedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. Section 5. Anticipated Changes. The City shall give the Union as much advance notice as possible of any major change of working conditions. Section 6. Pre -Tax. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre -Tax Advantage Program as established by the City. At a minimum, said program will allow for pre-tax payment of health insurance co -payments to the extent allowed by Federal and State law. Section 7. Parking. No fewer than ten (10) parking places in the Chauncey Swan Parking Garage will be held in the names of police bargaining unit members, provided that fees are paid according to City procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the amount equal to that charged to other City employees who park in the Chauncey Swan Parking Garage. The City will assume no increase in responsibility in administering the use of parking permits as a result of this Contract and any dispute over the use of the ten permits must be handled by the Union representative. Police department members may individually hold parking permits in accordance with City procedures. 21 Section 8. The City shall make an electronic version of the collective bargaining agreement available to all bargaining unit members in lieu of distributing paper copies. CITY OF IOWA CITY - A �7 BY: v MAPrOR ATTEST: Date: 4/23/19 Approved by: City Attorney's Office Date POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY • • ;�4.yii1 . Date: T S/?a 1'i Attachment A POLICE OFFICER PAY PLAN (40-01) Fiscal Year 2020 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 6/30/19 $ 23.94 $ 24.52 $ 29.48 $ 32.28 $ 34.72 $ 37.69 $ 1,915.20 $ 1,961.60 $ 2,358.40 $ 2,582.40 $ 2,777.60 $ 3,015.20 $ 49,795.20 $ 51,001.60 $ 61,318.40 $ 67,142.40 $ 72,217.60 $ 78,395.20 SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY . AND. POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY PLRO-IC MARCH 27, 1984 The parties agree that •it is their intent that the following additions* to the health insurance coverage. provisions take effect from April. 1, 1984, until modified by mutual agreement of the parties: a. Mandator Outpatient Su'r ery Procedures designated by the Iowa Foundation and suitable to be performed on an outpatient basis must be performed on an outpatient basis to -be fully covered by the health insurance. Extenuating circumstances which would make in-patient surgery medically necessary' will be reviewed by Blue Cross/Blue Shield if requested by- the physician. Designated surgeries which are not performed on anoutpatient basis, and without prior approval by .Blue Cross/Blue-Shield, will be paid only at a rate of 50% of charges. b. Maternity Length of Stay Incentive Following admission into the hospital for childbirth, if length of stay for the mother -for childbirth is two days or Tess, as certified by the hospital bill, presented to the Human Relations Department, the employee will receive a check for $100 (minus necessary withholding). c. Overcharge Incentive Employees will receive 25% of the correction of an overcharge or overpay-ment when the overcharge/overpayment is initiated and success Pully resolved -by the employee. (Withholding must be made on all payments to•employees.) Maximum payment to employees is $500 (pre-withho]ding). Documentation of the em- ployee -initiated 'corrections should be submitted to the Human Relations Department -when the correction is accomplished. Gross'overchargesresulting from computer error or -similar problems will not be eligible for payment (e.g. received -$100 worth of services, billed, for $100,000). d. Outpatient Treatment of Substance Abuse This option would make available, but not mandatory, payment for outpatient treatment of substance abuse. . Employees wishing' to utilize insurance coverage for purposes of substance abuse treatment must submit to evaluation by a substance abuse treatment agency selected by the City prior. to treat- ment. Y OWA CITY (A By �"-� By : CITY MANAGER Date: POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY -�,TY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-500D April 18, 1985 Mr. Michael Goldberg, President Police Labor Relations Organization of Iowa City Iowa City Police Department 410 E. Washington Street Iowa'City, Iowa 52240 Dear Mr. Goldberg: Attached please find copies of brochures describing coverage under the "Iowa 500" Two Day Deductible health insurance thplan and coverage under the Delta Dental Plan II denial insurance plan. These are, the insurance Collectivelans hwere Bargaining ed to Ag eement�handatreferredLto-Iinfor Article FRVIII, Section 1 and Section 2 of that agreement. It is understood and agreed that benefit coverages are based on usual', customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of the Collective Bargaining -Agreement. Sincerely,- / Dale E. Helling Assistant City Manager bj3/9 Michael E. Goldber President, PLRO-IC 22 IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and co -payments. And after the deductible and co- payment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds the out of pocket maximum per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self -maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: • One routine annual physical examination in a doctor's office or clinic • Home and office calls needed to diagnose or treat a medical condition • Immunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical self -maintenance and help reduce the length and number of unnecessary hospital stays. These efforts, of course, can help keep health care costs — and rates — in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient • Semi -private room and board • Necessary services and supplies • Operating rooms, intensive care, coronary and burn care units • Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor • Necessary laboratory and x-ray services Outpatient • Surgery • Diagnostic, x-ray and laboratory services • Accident care HOME HEALTH CARE 90/10 • Services provided by a Registered Nurse • Services prescribed by a physician 23 PHYSICIAN SERVICES 90/10 • Home and office visits • One routine annual physical exam • Pre -natal and post -natal care in physician's office • Immunizations • Hospital visits and nursing facility visits NERVOUS AND MENTAL 90/10 Outpatient - 90/10 SKILLED NURSING FACILITY 90/10 Unlimited Room and Board Services and Supplies THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other services are subject to a contract deductible per calendar year • Prescriptions • Anesthetics • Blood plasma • Casts • Crutches • Durable medical equipment • Other supplies when ordered by a physician Nursing Services • Private -duty nursing services Ambulance • Air • Ground DEDUCTIBLES AND CO -PAYMENT • Hospital — The Subscriber is responsible for the first two days of semi -private room and board. Per Hospital Admission. • Physician — The Subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. • Other Supplies/Services — The Subscriber first pays the deductible per contract per calendar year for the medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the Subscriber's expenditures for hospital, physician, and/or other services reach the out of pocket maximum per year, IOWA 500 pays 100% of all remaining charges. If the Subscriber's expenditures for hospital, physician, and/or other services do not reach the out of pocket maximum, the Subscriber pays 10% of all remaining charges up to a total maximum expenditure of the annual out of pocket maximum. 24 CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. Hospital Physician Other Services Services Covered Services 1 or 2 day deductible 90%/10% Single deductible: $700 (eff. 1/1/20) Family deductible: $950 (eff. 1/1/20) 90%110% until out of pocket maximum Out of Pocket Maximum: Single OPM: $1200 (eff. 1/1/20) Family OPM: $2000 (eff. 1/1/20) IOWA 500 PAYS 100% of Covered Services Summary of gene% DELTA DENTAL COVERAGE of benefits but also enclta Dental Plan ourages ges tIowa imely and aflecttive—ddaintal maintedes a nance. More than 8D%ofthe dentists in Iowa participate in the Delta Dental program. Delta Dental payment is based on Usual, Customary and Reasonable allowances, subject to deductible and copayment provi- sions of the program. Your Delta Dental program includes a Imedical necessity" provision which ensures coverage for dental services provided within generally accepted dental practices. Dike Blue Cross and Slue Shield of Iowa, the Delta Dental Plan receives claims directly -from participating dentists. And we pay them directly fnr..you. That eliminates claims -handling chores -for you end your employees — and saves valuable time and money. To provide a program to meet your -company's needs, Delta Dental Plan benefits are available with deductibles, copayments and maxi- mum payment allowances for covered services. These benefits are combined to meet your needs:. Preventive Maintenance benefit includes: • Routine checkups at six-month intervals including bitewing x-rays at 12 -month intervals. Teeth cleaning once every six moths. • Topical fluoride applications as prescribed but no more than once every six months. • Full -mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: . • Regular cavity fillings. • Oral surgery (including pre- and posf-operative care). • Emergency treatment for relief of pain. Major Restorative benefit covers: • High-cost fillings. • Cast restorations. • Root canal fillings. • Non-surgical treatment for gum diseases. Delta Dental Plan of Iowa Delta Dental Plan of Iowa RATE QUOTATION PLAN II Program Benefits © Preventive Maintenance © Routine Restorative © Major Restorative Dental Prosthetics 0 Periodontics 0 Orthodontics 0 -Dependents to age 0 Full-time students 0 Adults Program Maximums Single $ Boo per year Deductible Single/Family (Annual) S $ 25175 $ " $ Family $' Soo,per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family $ _ _ per month COPsyment % 50 % These rates guaranteed for •12 months beginning on 7-1-85 if purchased by7-1-85 (date) 'Rates quoted here are based upon census information provided and acquiring and maintaining nt a minimum enrollmeof 9g°,; of total eligible employees for the duration of the contract, Date 'this is a general tles4lption of coverage. it is not a statement of contract. Actual coverage is subject to the terms and conditions specified in the contract itself and enrollment regulations in force when the contract becomes effective. aa4 2M Delta Dental Plan of fovea a SETTLEMENT AGREEMENT WHEREAS, a dispute has ariseh concerning the proper interpretation of certain provisions of the Collective Bargaining Agreement between the City of Iowa City and the Police Labor Relations Organization, and WHEREAS, the parties wish to resolve the dispute amicably and without the expense Of formal arbitration procedures, The parties hereby enter into the following settlement agreement: 1. An officer who is assigned to the day watch and who is required to appear in court on a day scheduled as a whole day of paid leave (vacation, holiday or comp time) shall be compensated according to the provisions of Article IX, Section 8 of the CBA if actual time worked is two hours or less. If actual time worked exceeds two hours, he/she shall be compensated at the straight time rate for actual t)rpe worked, and the officer's leave usage for that day will be reduced by the actual time worked. 2. This agreement shall apply to the grievance filed by Joel Myers and shall be similarly adjusted for Ralph Cox and shall. otherwise apply prospectively only•to situations arising after the date of this agreement. 3. The pending grievance of Myers is withdrawn. Dated this —LL day of w. 9 k s 7— �__, 1993. City of Iowa City, Iowa By: mgrlassticourt.agt Police Labor /Relations Organization By: Item Number: 7.e. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT April 23, 2019 Resolution authorizing an agreement between the City of Iowa City and the Iowa City Association of Professional Fire Fighters, IAFF Local #610 to be effective July 1, 2019 through June 30, 2024. Prepared By: Karen Jennings, Human Resources Administrator Reviewed By: Ashley Monroe, Assistant City Manager Fiscal Impact: Recommendations: Staff: Approval Commission: Attachments: Fire Collective Bargaining Agreement Resolution Executive Summary: The current Fire Union collective bargaining agreement expires June 30, 2019. The City participated in collective bargaining with the Fire Union in accordance with Chapter 20 of the Iowa Code. A voluntary tentative agreement was reached on January 18, 2019. The tentative agreement was ratified by the union and approved by City Council. Background /Analysis: The Fire Union agreement was voluntarily settled for a term of five years with a re -opener for wages and insurance only for FY23 and FY24. Negotiated wage adjustments provide for a 2.75% across the board increase (ATB) in July 2019, 2.75% ATB increase in July 2020, 2% ATB increase in July 2021, and 2% ATB increase in January 2022. The insurance terms include settlements equivalent to the AFSCME plan design for FY20 and FY21 with increased employee cost share through higher deductibles and out of pocket maximums in FY22. In FY22 the employee premium contribution will be equivalent to 10% of the premium cost of coverage elected. The collective bargaining agreement is attached and also includes implementation of the City's Family and Parental Leave policy for fire bargaining unit members, making pay out of classification compensable for employees acting at a higher rank for a period of 12 or more consecutive hours (it is currently available after 24 hours) and other minor language modifications. ATTACHMENTS: Description Resolution Fire Collective Bargaining Agreement Prepared by: Karen Jennings, Human Resources Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025 Resolution No. 19-101 Resolution authorizing agreement between the City of Iowa City and the Iowa City Association of Professional Fire Fighters, IAFF Local #610 to be effective July 1, 2019 through June 30, 2024 Whereas, the City of Iowa City (hereinafter the City), and the Iowa City Association of Professional Fire Fighters, IAFF Local #610 (hereinafter the Union), through their designated bargaining representatives have negotiated a collective bargaining agreement to be effective July 1, 2019 through June 30, 2024, a copy of which Agreement is attached to this resolution and by this reference made a part hereof; and Whereas, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. Now therefore be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this —ir day of April 20 19 . _AOR M OR A-ppro d by// Attest: l� Gy/'(/�--�L_'—' G�—� Z — City Clerk j \ City Attorney's Office It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: rt Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton -j e, CONTRACT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 JULY 1, 2019 JUNE 30, 2024 TABLE OF CONTENTS PAGE Preamble........................................................................................:................................................ 1 ArticleI Recognition.................................................................................................................... 2 Article II Management Rights...................................................................................................... 2 Article III No Strike - No Lockout..................................,................:.............................................. 2 ArticleIV Reserved ............ ............ .........................................::.............:........................,............. 3 ArticleV Hours of Work................................................................................................................. 3 ArticleVI Overtime............................................................................................................,.......... 5 ArticleVII -- Special Leaves ............: .......................... ............... ..... ...... ........ .................... ............... 6 ArticleVIII -- Holidays....................................................................................................................... 8 ArticleIX Sick Leave...........................................................,......................................................... 9 ArticleX Vacations ...................... ..............................:............................................................... 11 ArticleXI Union Activities......_................::......._....................................._................................. 11 Article XII -- Uniforms and Equipment ......... ....... ............. .............. .... ..... .................. .................. _ 12 ArticleXIII Insurance.......................................................... .... ..... ...... ....,......_,..... ....... .....,.......... 12 Article XIV Duty Outside the City................................................................................................ 13 Article XV Training Programs..................................................................................................... 13 Article XVI Bulletin Boards .............................. ............... ,.............. .... ........ .... ......... .................... 14 Article XVII -- Personnel Transactions ....... ....... ................... ........... ..........,... _........... ....... ..._....... 14 Article XVIII --Discipline .................................................. ...... .... .... ............... ............................ ..... 14 Article XIX -- Transfer Procedures.................................................................................................. 15 Article XX --Supplemental Employment...........:...................._..__................._..—..................... 15 ArticleXXI Safety ................... ......................... :................... ........ ................ ........... ................... 15 Article XXII Grievance Procedure............................................................................................. 16 Article XXIII General Conditions...._........................................................._........................._.... 18 ArticleXXIV Waiver ......... ..................................................................... ............... ..................... 18 Article XXV -- Savings Clause ......... .. ..........:....... .:............... .......... ............................. ........... .... 19 ArticleXXVI Duration.._............................................................. ................... ............. :19 ArticleXXVII Wages ..................... .............. ........... :....... ......... ............... ,.....::,........................................... .19 Article XXVIII --Other Compensation ............-. . ...... .............. .._.:_._,._...._..... .............. ................... 20 Article XXIX Use of Time Off ..... ......... ......................_.................,................................._..........21 Article XXX -- Family and Parental Leave ..... ................................. ................... ..,........... all ........... 21 PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFUCIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieutenants, and Captains and excluding the Fire Chief, Deputy Chief, Battalion Chiefs, Fire Marshal, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representation of new titles, departmental reorganization or any other administrative variations of the present department organization. The City agrees that it will not sponsor or promote, financially or otherwise, any other group, individual, or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity Standards. C. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor 2 organization when called upon to cross such picket line in the line of duty. The City will make every reasonable effort to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes arising out of the terms of this contract. ARTICLE IV RESERVED ARTICLE V HOURS OF WORK Section 1. The normal work week will average fifty-six (56) hours, consisting of twenty-four (24) hours on duty (commencing at 0700 hours), twenty-four (24) hours off duty, twenty-four (24) hours on duty, twenty-four (24) hours off duty, twenty-four (24) hours on duty, ninety-six (96) hours off duty, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty-four (24) hour shifts, except such members as assigned to other special shifts by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2. Temporary variations in shift assignment or changes in days on and off may be made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an emergency or in the case of inclement weather. Section 3. Trading of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: a. Two employees below the rank of Captain may make a mutual request in writing to the Captains of the respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are required. Captains will forward their own request directly to the Fire Chief or his/her designee. b. The Fire Chief or his/her designee will approve or deny the request, but permission to trade will not be denied without reason. C. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place, as required by the law. d. The substitution may not impose any additional costs on the Employer. In the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4. Staffing. The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. Section 5. Pay outside of classification. If an acting temporary appointment out of rank is made by the Fire Chief for a period of twelve 12 or more consecutive work hours, the employee so appointed will be paid at the rate of 4% above his/her current salary/hourly rate or at the first step rate of the rank being replaced if they are at the top step of their permanent pay range. Such pay adjustments will be retroactive to the original date of assignment. If an acting temporary appointment to a Battalion Chiefs position is made by the Fire Chief for a period of twelve (12) consecutive work hours or more, the Captain appointed will be paid at the rate of 4% above his/her current salary/hourly rate. If a lieutenant is so appointed, they shall be paid at a rate of 4% above the Step 1 rate for a Captain. Overtime during any such acting temporary appointment, when worked in such acting capacity and when compensated by overtime pay, shall be compensated at one and one-half (11/2) times the acting hourly rate. However, the Fire Chief may assign an employee who is working on his/her regular shift to such acting capacity in order to avoid paying acting pay at the overtime rate to an employee in overtime status. Such appointments will be made by the Fire Chief as follows a. Firefighters acting out of rank: In making temporary out -of -rank assignments the Fire Chief will look to the Firefighters assigned to the station affected. Of such Firefighters, a Firefighter on the Lieutenant promotional list will have priority in accepting the assignment. If no Firefighter appears on the Lieutenant promotional list, the senior Firefighter at the affected station will have priority in accepting the assignment except that for such temporary assignments of 72 consecutive working hours or longer, the Chief may assign any Firefighter who is on the Lieutenant promotional list. If the Firefighters assigned to the station do not accept the assignment, the Firefighter moving to the affected station as the replacement will then be offered the temporary out -of -rank assignment. b. Lieutenants acting out of rank: In making temporary out -of -rank assignments, the Fire Chief will share among Lieutenants such assignments with consideration to a Lieutenant's standing on the Captain promotional list. The Fire Chief reserves the right to assign temporary out -of -rank assignments if no personnel voluntarily accepts such assignment. The Fire Chief reserves the right to establish minimum standards for persons given out -of -rank assignments. Section 6. Excused Tardiness. Employees shall be allowed two (2) fifteen (15) minute penalty -free tardiness' annually. This provision shall only be applicable in situations involving unintentional tardiness. Section 7. Administrative Duty. A continuous shift employee (56 hours/week) assigned to administrative duty (referred to as "light duty") with a forty (40) hour work week schedule will continue to accrue all benefits and compensation at their continuous shift rate while on the 40 hour assignment, and will use benefits on a pro -rated basis. The ratio will be 56/40 or 1.4, and will be used when reporting accrual usage, i.e. for every one hour of time taken, 1.4 hours will be reflected on the accrual usage. Work week: 56 hours/40 hour = 1.4 Annual hours worked: 2912 hours/2080 hours = 1.4 Holiday time: 135 hours/96 hour = 1.4 If an employee terminates while on a 40 hour work week schedule, their benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. N When employees on administrative duty work beyond eight (8) hours per day, every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. In addition, usage of time will be limited to hours absent from the 40 hour work schedule, at the pro -rated basis. ARTICLE VI OVERTIME Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end of twenty-four (24) hour shift or who is called back to work for fire department activities. Prior authorization from the Officer in charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to do so because of physical inability as determined by the Chief or his/her designee. Overtime is voluntary where overtime assignments are made over seventy-two (72) hours in advance; provided, however, the right to refuse an overtime assignment shall be limited to the first three (3) employees asked to report to work on a particular work day. Thereafter, overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated atthe rate of one and one-half (1-1/2) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1-1/2) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, financial considerations, and employee preferences in determining whether overtime is paid or compensatory time given. In the event that the Chief shall establish a standing policy that for some period of time all overtime worked will be compensated exclusively either by pay or by compensatory time off, such policy will be declared by written notice to the bargaining unit. Upon termination the employee will be paid for all remaining compensatory time. If an emergency situation occurs, as determined by the Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay period of the new fiscal year. Section 3. Minimum Call -In. a. An employee who has completed a work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two (2) hours. b. If the emergency call-in time worked exceeds two (2) hours the employee will be compensated for time worked. Minimum call-in will be paid at the overtime rate. c. If an employee is called in less than two hours (2) prior to the start of a regularly scheduled duty day, time worked will not be considered minimum call-in but rather an extension of duty. The employee will be compensated at the overtime rate for time worked from arrival at the station until the start of the regular scheduled duty shift. This section shall not apply to employees who are already at their place of assignment for the purpose of reporting for regular or other previously assigned duty and who are utilized to supplement, rather than replace, on -duty personnel. Section 4. Calculation of Overtime. Generally, overtime will be rounded in fifteen (15) minute increments. However, in the case of retention time, an employee will receive one (1) hour of 5 overtime for any part of an hour of previously authorized work. E.g. If a punch is registered within 7 minutes of the quarter hour (15 minutes) it will round to the nearest quarter hour; punches within 8 minutes will result in an additional quarter hour (15 minutes). Example: If a unit is called out at 6:30 A.M. for a fire and are unable to return to the station until 7:20 A.M., each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-quarter (1/4) hour and the employee would receive 1.25 hours of overtime. ARTICLE VII SPECIAL LEAVES Section 1. On the Job Iniury. In the event of a temporary and disabling injury or disease of an employee while at work, the City shall provide a leave of absence with pay, provided the injury or disease is incurred in or aggravated by the actual performance of duty at some time or place. The City shall bear any and all costs for treatment of such injury or disease. The City's Medical Advisor shall make the initial judgment on whether time off work is required by the injury or disease. The allowance provided by this Section shall be administered consistent with the provisions of Chapter 411 of the Code of Iowa. Section 2. Funerals. An employee will be granted a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, domestic partner as recognized by City policy, children, mother, father, stepparent, sister, brother or grandparent. An employee will be granted up to one (1) shift per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother- in-law, father-in-law, grandparent -in-law, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. In-law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or Battalion Chief. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommended by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist the employee may apply for vacancies in related areas or other vacancies at the City for which the employee is otherwise qualified. If an opening for the employee no longer exists in his/her civil service rank, he/she will be assigned to the first open position which becomes available in his/her civil service rank, or in a lower rank, within 90 days of the termination of such leave of absence, or, in the case of a leave of absence necessitated by a medically certified illness or injury to the employee, within 180 days of the termination of such leave of absence. Once an employee returns to work in a position as provided herein, that position shall become his/her permanent civil service rank. In the event an employee fails to return to work at the end of any such leave or extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; b. shall not receive any other accruals or job benefits during the period of absence; C. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement; d, shall not earn sick, vacation, or other leave; e, must use all accumulated leave time to which he/she is entitled prior to the time that the leave without pay commences; f. must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired and is available subject to insurance carrier approval, as follows: For any calendar month during which the employee is on unpaid leave not exceeding ten calendar days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten calendar days and insurance coverage is desired, the employee must pay 1/20 of the insurance premium for each calendar day beyond ten days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Fire Chief may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) calendar days. Section 4. Jury Duty. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire suppression activities. In the event that no such request is made by the City or that the employee is not excused, the employee shall receive his/her regular compensation from the City for all regular duty time spent in jury service and the City shall receive the pay earned for such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to the assigned work area both before and after time spent on jury duty for regularly scheduled work days. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons, when such appearance arises directly from his/her duties or obligations as an Iowa City firefighter, and the City shall receive the witness fees up to the amount of compensation paid to the employee for days testified. Section 6. Military Leave. The City will comply with the Code of Iowa on military leave. Section 7, Pregnancy Leave. A pregnant employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January), Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September), Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November), the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred thirty-five (135) hours of holiday credit on the first day of each fiscal year as defined in Article XXVII, Section 1, of this agreement. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. Section 4. In lieu of overtime pay for working on a holiday, a payment of $350 ($35.00 per holiday) for the fiscal year will be made to each permanent full-time continuous shift bargaining unit employee. Payment will be made on the second payday of the fiscal year. Any continuous shift employee who begins work after July 1 of any year will receive payment for the remaining holiday dates in the year. If an employee separates after July 1, those holidays which have been paid but which have not yet occurred will be deducted for the purpose of considering separation pay. Section 5. Part-time employees will receive holiday pay on a pro rata basis. Section 6. Holidays or personal leave days shall not be carried beyond the last day of any fiscal year as defined in Article XXVII, Section 1 of this agreement. Section 7. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Upon retirement, the City shall pay for one-half (1/2) of the accumulated sick leave on the basis of the employee's current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave. a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury; (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the employee's mother, father, mother-in- law, father-in-law, including mother or father of a domestic partner, brother, sister, or grandparents, as well as any other relatives or members of the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence, provided the employee's presence and efforts are needed. Critical illness is defined as a life threatening illness or malady. Serious illness is one in which the ill person is incapacitated to such a degree that he/she cannot alone adequately provide for his or her daily living needs. Section 3. Notifications. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given prior to the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. An employee who is unable to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other accumulated leave, or to leave without pay. Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section 5. While an employee is receiving sick leave pay from the City, self-employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision shall be given if the employee presents evidence from his/her physician to the satisfaction of the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Section 6. Sick Leave Bank. a. Permanent employees in the bargaining unit may apply to the Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (2160 hours or 90 shifts) at the rate of 5.54 hours per pay period. The City does not formally maintain a bank balance; however, the City acknowledges that sufficient hours exist in the bank to cover all requests. Contributing to the Bank does not guarantee an automatic loan from the Sick Leave Bank. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash, except for those cases where the joint City -Union committee may waive such payback due to the death or permanent disability of the employee. c. A joint City -Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire unit and will develop policies to protect against abuse by individuals. The City will contribute 500 hours of sick leave to the Bank as of July 1, 1987. No individual may use more than six (6) shifts during any fiscal year under the terms of this Agreement. it ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according to the following schedule: Length of Service 0-5 years 5 years 1 day -10 years 10 years 1 day -15 years 15 years 1 day -20 years More than 20 years Hours Per Month 12 hours (6 shifts/yr) 16 hours (8 shifts/yr) 18 hours (9 shifts/yr) 20 hours (10 shifts/yr) 22 hours (11 shifts/yr) Hours Per Year 144 192 216 240 264 The maximum number of hours eligible for carry over to a new contract benefit year as defined in Article XXVII, Section 1, shall be three hundred twelve (312) hours. Vacation time may be used on an hour -for -hour basis provided reasonable notice is given in advance and subject to the Fire Chiefs approval which shall not be withheld without reason. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he/she has been on the payroll as a permanent full-time fire fighter for a period of six (6) continuous months. (This may occur prior to the completion of probation.) Between November 1 and December 31 each battalion will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following in order of their turn. Unless an employee expresses his/her choice within twenty-four (24) continuous, normally scheduled shift hours, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. Section 3. Payment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, an employee is eligible for payment of not more than two hundred eighty-eight (288) hours of accumulated vacation leave at the current base rate of pay. ARTICLE XI UNION ACTIVITIES Section 1. Union Meetings. The Union may use the Conference Room for union meetings for three (3) hours not more often than once per month. Employees on duty may attend with the Battalion Chiefs permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend except that if the Union President is assigned to an outlying station, he/she may arrange with another bargaining unit member assigned to the central station to temporarily trade station assignments in order to attend said meeting, subject to approval by the Battalion Chief on duty. Employees on duty at outlying stations may participate in union meetings via remote electronic communication with the on -duty Battalion Chief's permission. Section 2. Documents. Documents belonging to the Union may be stored at the Central station in the same manner in which they are currently stored in file cabinets belonging to the Union. These may be moved to an outlying station if the Union President is permanently assigned there. The Union will be responsible for moving the file cabinets. Section 3. State Convention. Two bargaining unit members from different shifts may have up to two shifts off duty to attend the annual meeting of the Iowa State Association of Professional Fire Fighters Convention. The Union will designate in writing who will attend the convention ten (10) days prior to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. State Officers. State Officers shall be given up to two (2) shifts off duty to attend the annual meeting of the Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. Negotiations. In the event that the parties to this contract determine that future negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide all uniforms and safety equipment as provided for under the Uniform Policy (GP110.05) dated November 2018. Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specification as to color and style. Replacement of the above equipment will be by the City upon the Chiefs determination of need. The City will compensate unit employees for the replacement cost of eyeglasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will pay each bargaining unit employee $50.00 annually toward cost of cleaning uniforms which require dry cleaning. Such payment shall be made as of December 1 of the Contract year. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy known as the Blue Cross/Blue Shield 'Iowa 500" two-day deductible plan for employees and eligible dependents. Employees will pay a portion of the monthly premium (prorated for part-time employees) toward the cost of such coverage, as follows: sixty-five dollars ($65.00) per month for single coverage and one hundred and five dollars ($105.00) per month for family coverage in FY20; seventy dollars ($70.00) per month for single coverage and one hundred and ten dollars ($110.00) per month for family coverage in FY21; and 10% of the premium of the coverage selected in FY22. A pro rata share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated 'Iowa 500" plan are set forth in Appendix "B". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. 12 The City may meet with representatives of the Union for the purpose of negotiating an alternative to the "Iowa 500." Up to three (3) Union representatives may attend such meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article XXII. The issue to be decided by the arbitrator is the appropriateness of such an alternative, and whether or not it is reasonably equivalent to the "Iowa 500." If the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500" plan shall remain in effect. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $40,240, the face value of the life insurance policy is $41,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. The City will pay $7.00 per month orfull individual premium cost for employees during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full individual dental insurance premium costs that are in excess of $7.00. A description of the provisions of the negotiated Delta Dental plan is set forth in Appendix "B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of this agreement. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City. ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employees within the bargaining unit is of primary importance to maintaining high standards of fire protection for the citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will be maintained based on need as determined by the Chief. Self -development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in particular areas such as EMT and will provide such training when deemed appropriate. 13 ARTICLE XVI BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to post notices. The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards, blackboards, and other similar surfaces in the Fire Department. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Resources Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. Upon request, the City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Past infractions will only be removed if an employee goes twelve consecutive months without any disciplinary action whatsoever noted in his/her record. Section 4. Upon request, each employee shall receive a copy of his/herjob description upon permanent appointment to the position in question. ARTICLE XVIII DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Employees shall elect to pursue appeals of disciplinary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days from the date it has clear notice of the facts constituting an infraction. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: 1. Oral reprimand or warning (to be accompanied by written notification of same at the time of such disciplinary action or within one working shift after such action). 2. Written reprimand or warning. 3. Suspension with loss of pay. 4. Discharge. Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. 14 ARTICLE XIX TRANSFER PROCEDURES Section 1 _ Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the members and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two conditions: a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary transfers. ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or with the satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to notify the Fire Chief of his/her outside employment. The employee will notify the Fire Chief when outside employment or employer changes. The Fire Chief retains the right to disapprove such outside employment under the provisions of Section 1 of this Article. ARTICLE XXI SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. Section 2. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4. Health and Safety Committee. A health and safety committee composed of representatives of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of health and safety. Their duties shall include but not be limited to: a. Conducting health and safety lectures as needed. b. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. C. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Health and Safety and related topics. 15 Section 5. Drug Testing. The City and the Union recognize the rights and responsibilities of employees established by Iowa Code 730.5 (Drug testing of employees or applicants regulated). ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative, but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. Section 3. Representatives. The Union will certify to the City the names of three (3) representatives and three (3) alternate representatives for the purpose of representing fire department members in the investigation and presentation of grievances. Not more than one representative will represent a grievant for any one grievance. The representative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this contract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant by so doing waives the right to exercise any other option(s) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Suspensions, demotions, discharges, and other matters under the jurisdiction of the Civil Service Commission may be prosecuted either through the contractual grievance machinery or before the Commission. By electing one forum, the aggrieved employee shall be held to have waived the other forum. Section 5. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion between the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following completion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated representative), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a statement from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or representative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. 16 Step 3. If the grievance is not resolved at Step 2, the grievant or representative may submit the grievance to the City Manager or his/her designee within seven (7) calendar days of the completion of Step 2. The City Manager will investigate and respond to the grievant within fourteen (14) calendar days following receipt of the grievance at Step 3. The City Manager will meet with the grievant and his/her representative if such meeting is requested in writing. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the City Manager's response at Step 3. Copies of any such request by an employee will be furnished to the City and to the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this Contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. The function of the Grievance Committee will be to meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this contract. 17 ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa Section 2. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, national origin, gender identity, disability, religion, marital status, sexual orientation, or political affiliation unless the reason for the discrimination is job-related or otherwise allowed by law. The parties agree that complaints alleging violation of this section shall not be subject to the grievance/arbitration provisions of this contract but rather, shall be brought before the appropriate state or federal forum. Section 3. Parking. No fewer than ten (10) parking places in the Chauncey Swan Parking Ramp located at 415 E. Washington St. will be held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the amount equal to that charged other City employees who park in the Chauncey Swan Parking Ramp located at 415 E. Washington St. The City will assume no increase in responsibility in administering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union representative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if available at times and in areas designated by the Fire Chief. Section 5. The City shall make an electronic version of the collective bargaining agreement available to all bargaining unit members in lieu of distributing paper copies. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. Section 7. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre -Tax Advantage Program as established by the City. At a minimum, said program will allow for pre-tax payment of health insurance co -payments to the extent allowed by Federal and State law. Section 8. Early Retirement Incentive. The City will give the Union notice and opportunity to discuss at a Grievance Committee meeting prior to implementing any early retirement incentive program. Such program must be applied on a unit -wide basis and participation will be voluntary. Section 9. Deferred Compensation. If allowable by law, the City will provide the collective bargaining members the opportunity to contribute to a deferred compensation plan if the employee so chooses with either a traditional contribution or a Roth contribution. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and conditions of this Contract shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. I The Contract supersedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 2019 and June 30, 2024 to include a wage and insurance reopener in the third fiscal year for Fiscal Year 2023 and 2024, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any extension thereof. ARTICLE XXVII WAGES Section 1. The effective date of compensation and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. Effective dates over the next four years are as follows: June 30, 2019 June 28, 2020 June 27, 2021 June 26, 2022 Section 2. The base pay for the Iowa City Fire Department Firefighters, Lieutenants, and Captains will be adjusted as follows: increased by two and seventy-five hundredths percent (2.75%) effective June 30, 2019; the resulting pay play further increased by two and seventy-five hundredths percent (2.75%) effective June 28, 2020; the resulting pay plan further increased by two percent (2%) effective June 27, 2021; and the resulting pay plan further increased by two percent (2%) effective December 26, 2021. Copies of the pay plans for FY2020, FY2021, and FY2022 are attached to this agreement as Exhibit A-1 through A-4. Bargaining unit members will be eligible for salary adjustments to the next step as follows: Step 2 - after six (6) months at Step 1. Step 3 - after six (6) months at Step 2. Step 4 - after one (1) year at Step 3. Step 5 - after one (1) year at Step 4. 19 Step 6 - after one (1) year at Step 5. Step 7 — after six (6) years at Step 6. Step increases shall be granted only after the employee has achieved a satisfactory rating as determined in the discretion of the Fire Chief. Bargaining unit members promoted to the ranks of Fire Lieutenant or Fire Captain shall, upon promotion, be compensated at Step 1 of the appropriate salary range, and shall be eligible to receive a one step increase to Step 2, six months following the promotion. ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two percent (2%) of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer Price Index (CPI -W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be as follows: May 2019 for FY20, May 2020 for FY21, and May 2021 for FY22. C. Cost of living computations will be made quarterly to determine the percent difference between the CPI -W for the base index month and for August, November, February, and May of each applicable fiscal year. d. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two percent (2%) of an employee's base salary for the quarter in question. Furthermore, any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. Section 2. Longevity Pay. A payment will be made to permanent full-time employees as of December 1 of each fiscal year to reflect years of service with the City according to the following schedule: Length of Service on December 1 5 years 1 day - 10 years $365.00 10 years 1 day - 15 years 540.00 15 years 1 day - 20 years 690.00 20 years 1 day - 25 years 840.00 25 years 1 day + 1,090.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will 20 reimburse the City on the same proration. Section 3. A payment of $700 will be made to each permanent full-time bargaining unit employee as of December 1 of each fiscal year. In the event that an employee terminates for any reason after December 1, he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, will return one-half of the December 1 payment. Section 4. Each permanent, full-time bargaining unit employee who is a duly certified Emergency Medical Technician -Basic as of the first day of the contract benefit period as defined in Article XXVII, Section 1 above, shall receive a payment of four hundred seventy-five dollars ($475.00) on the second payday of each fiscal year. Section 5. Each full-time bargaining unit employee who is duly certified as a Hazardous Materials Technician as of the first day of the contract benefit period as defined by Article XXVII shall receive a payment of three hundred dollars ($300.00) on the second paycheck in each fiscal year. ARTICLE XXIX USE OF TIME OFF Current policies governing the use of holiday, compensatory and vacation time will apply uniformly on a departmental basis. Once holiday, compensatory and vacation time is approved and scheduled, its use shall not be denied except: 1. In emergency situations. 2. Where minimum staffing cannot be achieved due to unavailability of replacement personnel. Where #2 above applies, it is understood that the employer will place up to four telephone calls to attempt to secure a replacement for an employee whose scheduled time is subject to cancellation. If no replacement is secured, the scheduled time off is cancelled unless the affected employee secures a replacement. Efforts by the employer to contact replacement personnel (other than the number of telephone call attempts) shall not be grievable under the provisions of this agreement. The benefits to the bargaining unit of this article were agreed to by the employer in exchange for the Union's acceptance of a salary and benefit package less than the employer would have otherwise agreed to. ARTICLE XXX FAMILY AND PARENTAL LEAVE Bargaining unit members are eligible for paid leave benefits established by the City's Family and Parental Leave Policy. For the purpose of administering the provisions of this policy including leave and benefit amounts, limitations, and use of other leaves, a week will be defined as fifty-six (56) hours for employees assigned to twenty-four (24) hour shifts. 21 CITY OF IOWA CITY, IOWA IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, / IAFF, AFL-CIO, LOCAL #610 By: / By: MAYOR ATTEST: Date: 4/23/19 Date: ©y zg1z61q Approved by: City Attomey's Office 99 (OO o Q o G) v O rvl- co Co O 1— N N M X O O W N r r m W N m V 01 co M Q CO O (D r2 N (D co N (D (D V r CD (D I� N r W m O (n V Lo M Nm co M I,- co 00 O d V O O V O O Cl) O ? N N (o N 01 O r O N N } N C)00 LL O m 14 M (0 V CO Q Z M 2 N 00 J =) N LO a 7 r >- w a> a F W moo c-cli CO ovv w W (D A V ( I� N O . C) O O O 6 LL. LL Lo Cl) t N O r r- 0 W O m co m m M r rn (D N N( N N S N m" M M NO LO M N CO m V) O (D r 00 CO, It r 6 r CD 07 C\l 00 O r a0 r LO rO 00 CO C) co m � M m W O O V I,- V I� O m r O m r N V N N N N M W n M m (O r r r c� Z_ Z_ Q C H H Z Z ZZ_ Z LU LUQLLI D _ Z) a W Q w LL J (i J W W W W a D� C� a LL LL LL LL (O (D r ro Cl) M M Cl) N M r (p Q f" m O O M N N N t h N O x o W N r N O C; m rn co co W f9 N N OD O V r O r O D) QLq N D) 2N N N LO O M O r co co O N N r W cc V O N O N r N C N O V V LL CN N N 00 06 4 0 N M Z W Q ZN to O N O J ry CO IL 7 r > w ¢ > a H W L) O I, N Ln r O r 00 W C N N (D N O M In N 10 N N N V O r W LL LL m � rn� Z r W co r LL W 6 O N (D co O D) D) N O O N W N N f— N N N M V 'Ir m V LO co W M r (D O (o O O (O (D to O (D M O O r i N (D r O co W Q T N LO N O r r M N r N M D) co M N(0 N co O) V LO W V- r r O r r N M N N N M r M M r L r 00 co 0 Z Z_ Q F H Z Z Of Z Z Z W W Q W S d 7D (j W Q W LL J U J W W W W K ry LL L LL Ll On O M M co co In n N V N MOR M V N N N O � N r r 00 M N — (fl r W O(71 M [O 00 C N V O n r Cn o N N w M C M 00 n M O C4 m N N N V N r N N N O } N (D O O LL ti m m o0 � N z Jz N N M CL N r } W Q EL � W U V It co (O (D I— LO O co M w w N (D (D M V m V (O m I— m LL NCO N rM (DM V �m(v LL W O It O N W I� O m C w m N ^� N N co N M m N Cl) to V M co p �noo �(o(o vmv 000m M m m O m 0 0 (0 N N m N 4 CO f co O m W m of 0) M mmm m r� r r CO N N N (� N N C\jM M M N 0 Z_ z_ Q K C H Z z Z LU z Z Z z Z W W ¢ W H H H _ O w ¢ w LL ::J U W w w w d LL w L LL n O r m M M M M V V N N O r co M O � 00 Ln ^2 M co Cl) 9 n Ln OMO � L p N N Cl) x N W LD N N (N 0) O M O M O V (D CD 2 V r� N � � O N N00 H Z Q Z W F W W J W ce LL �D M O r (D Cl) co (D V 6 V O) O N M M V co WM O r co M Ln M co Cl) (N N Go M � � O O M O N �o N r le N N L() D N N O N C14 C6h O O } N r M co LL X 0� N 6 W M _ cli N NOA Q O J W r CL U W dW (D O, V (D co O mCl) O I-� 6 V co co M O N OM r H N O O O O V' V l.L N N O N CO Cl) Cl) CC) W (p (D OD CO LL LL W M V(D Ln CD (D O r N O Ln O N Cl) M 1� r- O Cn � � Lq ro M � V V O N S (fl m V W N V N I- N N n N Cl) V Lr) r Cb H Z Q Z W F W W J W ce LL �D M O r (D Cl) co (D V 6 V O) O N M M V co WM APPENDIX B IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and co -payments. And after the deductible and co- payment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds the out of pocket maximum per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self -maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: • One routine annual physical examination in a doctor's office or clinic • Home and office calls needed to diagnose or treat a medical condition • Immunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical self -maintenance and help reduce the length and number of unnecessary hospital stays, These efforts, of course, can help keep health care costs — and rates — in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 PHYSICIAN SERVICES 90/10 Inpatient • Semi -private room and board • Necessary services and supplies • Operating rooms, intensive care, coronary and burn care units • Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor • Necessary laboratory and x-ray services Outpatient • Surgery • Diagnostic, x-ray and laboratory services • Accident care HOME HEALTH CARE 90/10 • Services provided by a Registered Nurse • Services prescribed by a physician • Home and office visits • One routine annual physical exam • Pre -natal and post -natal care in physician's office • Immunizations • Hospital visits and nursing facility visits NERVOUS AND MENTAL 90/10 Outpatient - 90/10 SKILLED NURSING FACILITY 90/10 • Unlimited Room and Board • Services and Supplies APPENDIX B THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other services are subject to a contract deductible per calendar year • Prescriptions Nursing Services • Anesthetics 0 Private -duty nursing services • Blood plasma • Casts Ambulance • Crutches • Air • Durable medical equipment Ground • Other supplies when ordered by a physician DEDUCTIBLES AND CO -PAYMENT • Hospital — The Subscriber is responsible for the first two days of semi -private room and board. Per Hospital Admission. • Physician — The Subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. • Other Supplies/Services — The Subscriber first pays the deductible per contract per calendar year for the medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the Subscriber's expenditures for hospital, physician, and/or other services reach the out of pocket maximum per year, IOWA 500 pays 100% of all remaining charges. If the Subscriber's expenditures for hospital, physician, and/or other services do not reach the out of pocket maximum, the Subscriber pays 10% of all remaining charges up to a total maximum expenditure of the annual out of pocket maximum. CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. Hospital Physician Other Services Services Covered Services 1 or 2 day deductible 90%/10% Single Deductible: Family Deductible: $700 (eff. 1/1/20) $950 (eff. 1/1/20) $700 (eff. 1/1/21) $950 (eff. 1/1/21) $750 (eff. 1/1/22) $1200(eff. 1/1/22) 90%/10% until Out of pocket maximum Out of Pocket Maximum: Single OPM: Family OPM: $1200 (eff. 111/20) $2000 (eff. 1/1/20) $1200 (eff. 1/1/21) $2000 (eff. 1/1/21) $1250 (eff. 1/1/22) $2250 (eff. 1/1/22) IOWA 500 PAYS 100% of Covered Services Summary of Benefits M -to Dental Plan of lowv coverage not only provides a variety of benefits but also encourages timely enaf affective dental maintenance. Mom than W9 of the dentists In tows participate in the Delta Dental program. Delta Dental payment Is based on Usual. Customary and Reasonable allowances, subject to deductible i id copayment provi- aions of the program. Your Delta Dental program includes a'medical necessity' provision which ensures coverage for dental services provided within generally accepted dental omctices. Like Blue Cross and Blue Shield of Iowa, the Delta Dental Plan receives claims directly from participating dentists. And. Y;i,pay then, directly for you. That eliminates claims -handling criorps.for you ihd your employees — and tam valuable time and.money - . . To provide a program to meet your companyls needs, Delta Dental Plan benefits are available with deductibles, c6play–me6ts and maxi- mum payment allowances for covered services. These benefits are combined to meet your needs: PMMYdve Maintenance benefit includes: • Routine checkups at six-month intervals including bitewing x-rays at 12 -month intervals. e Teeth cleaning once every six months. • Topical fluoride applications as prescribed but no more than once every six months. • Full -mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: • Regular cavity fillings. • Aral surgery (including pre- and post-operative care). • Emergency treatment for relief of pain. Major Restorative benefit covers: • High-cost fillings. • Cast restorations. • Root canal.fiilings. • Non-surgical treatment for gum diseases. Delta Dental Plan of kywa Delta Dental PI -n of lows RWCE QUOT910N PLAN . I I Pryr�,m Ben:1fits © Preventive Maintennce 13 Routine Restorative 12 Major Restorative ❑ Dental Prosthetics ❑ Periodontics ❑ Orthodontics ❑ Dependents to age ❑ Full-time students ❑ Adults Program Maximums Single $ 500 per year. mducmk r i 1„ Single/Famlly Annual) S q, S 25/75 50 % S 50 % S � S X, Family S 500 per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family $ — per month These rates guaranteed for 12 months beginning on 7-1-85 (datal if purchased by 7-1-85 haul 'Rates quoted here are based upon census information provided and acquiring and maintaining a min mur+n enrollment of 90% of total eligible employees for the duration of the contract. IWd,orued Rep n trve _Date e This is a general 4*4'00n of coverage. It is not a statement of contract. Actual coverage is subiect to the terns and conditions specified in the cont as itself Ind enrollment regulations in fora when the contract becomes eRective. Win Dental Plan of Iowa SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 610 For contractual purposes, a Lieutenant assigned to the Training/Public Education assignment will be defined as Lieutenant under Article I of the Collective Bargaining Agreement. A Lieutenant (56 hours per week) assigned to the Training/Public Education assignment with a 40 hour work week schedule, will continue to accrue vacation sick leave and holiday time at the higher shift rate while on the 40 hour assignment, and will use benefits on a pro -rated basis. The ratio of shift (56 hours), to regular week (40 hours), is 1.4. Therefore, this ratio will be used when reporting accrual usage, i.e., for every 1 hour of time taken, 1.4 hours will be reflected on the accrual usage. Work Week: 56 hours/40 hours = 1.4 Annual Hours Worked: 2912 hours/2080 hours = 1.4 Holiday Time: 123 hours/88 hours = 1.4 If an employee assigned to a 40 hour schedule terminates employment while on this schedule, his/her benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. The annual salary for a Lieutenant in the Training/Public Education assignment will be the equivalent of pay grade 37, with the hourly rate adjusted to reflect a 40 hour work week. (Shown in the Pay Plan as grade 38.) Pay Plan Step 1 Step 2 FY20 37.9765 39.713 (6/30/19) 3038.12 3177.04 78991.12 82603.04 FY21 39.0206 40.8053 (06/28120) 3121.65 3264.42 81162.90 84874.92 FY22 39.801 41.6216 (06/27121) 3184.08 3329.73 82786.08 86572.98 FY22 40.59 42.4539 (12/26/21) 3247.77 3396.31 84442.02 88304.06 A Lieutenant with this assignment would be placed at the same step he/she held in grade 36. He/she would be eligible for increases in accordance with ARTICLE XXVII WAGES Section 2. When time is worked beyond 8 hours per day every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. The parties agree that this side letter take effect from July 1, 2019 to June 30, 2022. CITY OF IOWA CITY By c' City ganager Date: S 1 Y I humanrel/unlons/flrellyl l /trainingott side -@r doc IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL #610 By. President Date: IZ61,1 Item Number: 7.f. I �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT April 23, 2019 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and MMS Consultants, Inc., Iowa City, Iowa to provide engineering consultant services for the Dill Street Water Main Replacement Project. Prepared By: Joe Welter, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $67,580.00 available in the Dill St. Water Main Replacement, Account Number W3222 Recommendations: Staff: Approval Commission: N/A Attachments: Agreement Resolution Executive Summary: This agenda item approves the consultant agreement for design of water main replacement and associated appurtenances, as well as establishing a sidewalk, for construction of the Dill Street Water Main Replacement Project. Background /Analysis: The water mains in the Dill Street and Black Springs Circle neighborhood have a history of frequent breaks, and the neighborhood has poor pedestrian connectivity to other portions of the City. This project will include the installation of approximately 1,200 linear feet of eight -inch water main along Black Spring Circle, Dill Street, and Rider Street. The proposed water main will replace existing six-inch cast iron water mains, which were installed in 1928 for Black Springs Circle and Rider Street, and 1939 and 1953 for Dill Street. Included in the project is the installation of hydrant assemblies, connection to existing water mains, connection of existing services, replacement of pavement, sidewalk, other surface restoration, and other related work. Sidewalk is planned along one side of Dill Street/Rider Street within the project area, which will provide a connection from Rocky Shore Drive to the existing sidewalk along Rider Street at the east end of the project area. /_AiCTa:IM1:4 il,kI&V Description Resolution Agreement J.� Prepared by: Joe Weller, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5144 Resolution No. 19-102 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and MMS Consultants, Inc., Iowa City, Iowa to provide engineering consultant services for the Dill Street Water Main Replacement Project. Whereas, the City of Iowa City desires to replace the existing water mains in the Dill Street and Black Springs Circle neighborhood due to a history of frequent water main breaks; and Whereas, the neighborhood has poor pedestrian connectivity to other portions of the City; and Whereas, the City of Iowa City desires the services of a consulting firm to provide preliminary design, final design, preparation of a project manual for bidding, permitting, bidding assistance, and construction services for the replacement of the water mains and associated appurtenances as well as establishing sidewalks for construction of the Dill Street Water Main Replacement Project; and Whereas; the City has issued a Request for Proposals for consultant services for the Dill Street Water Main Replacement Project; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with MMS Consultants, Inc., to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with MMS Consultants, Inc.; and Whereas, funds for this project are available in the Dill St. Water Main Replacement, Account #W3222. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk -are hereby authorized and directed to execute the attached Consultant Agreement. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Resolution No. 19-102 Page 2 Passed and approved this 23rd day of Appriil / 2019 MaOr Attest: City Clerk It was moved by Cole and seconded by adopted, and upon roll call there were: Ayes: Nays: Approved by blur,. %d U-Vt'o�*tri;iL� City Attorney's Office -1tcC -) Teague Absent: the Resolution be Cole Mims Salih Taylor Teague Thomas Throgmorton Consultant Agreement THIS AGREEMENT, made and entered into this 23rd day of April 2019, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and MMS Consultants, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, the existing water mains in the Dill Street and Black Springs Circle neighborhood have a history of frequent water main breaks; and WHEREAS, the neighborhood has poor pedestrian connectivity to other portions of the City; and WHEREAS, the City of Iowa City desires to obtain the services of a qualified consulting firm to provide Preliminary Design, Final Design, Preparation of a Project Manual for Bidding, Permitting, Bidding Assistance, Construction Services for the replacement of the water mains and associated appurtenances, as well as establishing sidewalks in this neighborhood; and WHEREAS, the City issued a Request for Proposals (RFP) to private engineering consulting firms interested in performing the services for this project; and WHEREAS, submittals were received from consulting firms and evaluated by a selection committee; and WHEREAS, MMS Consultants, Inc. was selected based on qualifications and project specific criteria such as project approach, regulatory experience, key personnel, schedule, and price; and WHEREAS, funds are available in the Dill Street Water Main Replacement Account, Number W3222. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. Topographic Survey The purpose of this phase will be to obtain accurate topographic information in the area of the proposed water main, sidewalk and related improvements. The Consultant will review available information provided by the City. The survey will be performed using the Iowa State Plane South Coordinate System. 1. Contours at 1 -foot intervals. Spot elevations at critical locations on all existing paved surfaces. Spot elevations on paved surfaces to the nearest 0.01 foot and 0.1 feet for non -hard surfaced ground. Spot elevations obtained on approximately 25 -foot grid. All elevations are to be on USGS NAVD datum. 2. Locate all existing features above ground: a. Trees, with trunk size at waist height -2- b. Shrubs with solid growth. C. Hard surfaced areas, drives, walks, steps, etc. d. Fences, walls, posts, poles, utility structures, etc. 3. Location, size, and depth of all buried utilities, structures and features not reasonably accessible from the ground surface, shall be as marked and identified in the field by the owner of each respective utility or from "Record -of -Construction" information provided by the respective utility owner and or the City. Specific utilities to be located are as follows: a. Water and gas mains. b. Power, communication and CATV lines. C. Existing storm sewer and sanitary sewer in/or near the project area, including flow direction, slope, type, size, top and invert elevations of all inlets, culverts, manholes, headwalls, etc. 4. A thorough search will be made for each lot or property pin along each of the street segments. The size, material, and land surveyor cap number will be recorded and illustrated. Documentation of property pins and lot lines shall not be construed as a plat or retracement plat of the included parcels. 5. Coordinate with private utilities. Contact ONE -CALL for utility information and make contact with utility companies. 6. The ROW lines will be analyzed, determined and illustrated on the final drawing. 7. Prepare a base map showing the topographic and boundary information. 8. Provide horizontal control points and bench marks at reasonable locations in the project area. B. Development of Project Manual and Easement Plats This phase involves the preparation of the documents for bidding the proposed improvements. It is anticipated that the improvements will include water main, fire hydrant, sidewalk construction, driveway reconstruction, pavement removal and replacement, and reconnection of existing water services within the project area. Regrading, tree removal or trimming, retaining wall construction if necessary, and erosion control are also included in this project. This phase is expected to involve the following activities: 1. Preparation of a concept plan (30 percent design) showing the proposed location of the water main and sidewalks. 2. Attend and participate in a kickoff meeting with the appropriate City Divisions to review project and design goals. 3. Attend and participate in a neighborhood predesign meeting to review the scope of the project and answer questions from residents. Meet individually with property owners, as needed. 4. Site reconnaissance, brainstorm concepts, and determine necessity of property acquisitions. -3- 5. Preparation of Acquisition Plats, as needed. 6. Meetings with the City to review concepts. 7. All plan preparation shall be in AutoCAD format. Specifications shall be prepared in Microsoft Word format. 8. Based on selected concepts, prepare 60 percent complete plans and cost estimate for review. An electronic copy of 60 percent complete plans and preliminary cost estimate will be submitted to the City. All plans shall be prepared on 11 x1 7 inch plan sheets. 9. Review preliminary plan with appropriate City Divisions. 10. Prepare 90 percent plans and cost estimate for review. Also prepare draft specifications and draft bid package to be included with the 90 percent submittal. An electronic copy of 90 percent complete project manual and cost estimate will be submitted to the City. 11. Identify temporary construction easement needs along Dill Street and Black Spring Circle. 12. Review the 90 percent submittal with the appropriate City Divisions. 13. Prepare final bid package for 100 percent city review and letting. Submit three original hard copies of project manual, temporary construction easement plats, and final construction cost estimate. Electronic copies of each shall also be submitted. 14. Meetings with the City and others whose approval is critical to the final approval of the project manual for the site civil work relating to this project. C. Bidding, Letting, and Construction Period Services 1. Assist with contractor questions during bidding and attend the pre-bid meeting. 2. Prepare addenda, as required. 3. Attend pre -construction meeting. 4. Assist with contractor questions during construction. 5. Review submittals, as required. D. Additional Services Additional Services are not included in this contract. If authorized under an Amendment to the Consultant Agreement, the Consultant shall furnish or obtain from others the following services: 1. Construction oversight and administrative services 2. Geotechnical investigations and reports II. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. A. Topographic and Boundary Survey: Within four weeks of the approval of this contract. B. Development of Project Manual and Easement Plats: Within 26 weeks of the approval of this contract. C. Bidding, Letting, and Construction Period Services: Concurrent with bidding and construction. III. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the not to exceed amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. -5- H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. Compensation for Services The City shall pay Consultant for services rendered under Section I -Scope of Services the fee amount as follows: hourly not to exceed amount $67,580.00. V. Miscellaneous A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited, C. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City For the Consultant By Title: Mayor Title:_ 1gr4w' Date: 4/23/19 Dater /Z 0� 9 Attest: nApproved by: 6 Iii SNR � walVAMIUM • g13)►41 Date 2019 Rates All Departments Work Code Descr7pt7oa Amount/Hoar 47 Research Administrative Assistant $74.00 81 Administrative Assistant $64.00 82 Clerical $84.00 83 Clerical Support Specialist $46.00 85 Expert Witness $197.00 89 Marketing E96.00 91 Senior Cad Tachlclan $126.00 92 CAD Techician 1 $70.00 93 CAD TechkAen II $63.00 11 Engineer $128.00 12 Engineer II $111.00 13 Engineer III $98.00 14 Engineer IV $85.00 40 Senior Engineer Tech $107.00 41 Engineer Technician 1 $100.00 42 Engineer Technician II $86.00 43 Engineer Technician III $73.00 44 Engineer Techlclan IV $64.00 45 Project Eng Tech 1 $107.00 46 Project Eng Tech II $90.00 48 Project Eng Tech III $73.00 51 Geologist $86.00 52 Wetland Scientist $86.00 53 SoIVWetiend Technician $65.00 21 Landscape Arch 1 $126.00 22 Landscape Arch II $111.00 23 Landscape Arch III $80.00 24 Landscape Arch IV $65.00 31 Land Surveyor 1 $126.00 32 Land Surveyor II $121 OD 33 Land Surveyory III $93.00 71 Survey Chief 5121.00 72 Survey Tech 1 $95.00 73 Survey Tech 11 $88.00 74 Senior Survey Tech $108.00 Wednesday, January 23, 2079 Page 1 ojl Item Number: 7.g. ®4 CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT April 23, 2019 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the First Avenue Water Main Replacement Project. Prepared By: Joe Welter, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $358,991.50 available in the First Avenue (400-500 Block) Water Main Replacement, Account Number W3212 Recommendations: Staff: Approval 1 •uu •l►/_1 Attachments: Resolution Executive Summary: The First Avenue Water Main Replacement Project includes water main improvements along the west side of First Avenue, between Court and Friendship Streets, and along Court Street, between First and Upland Avenues. The Project Manual was approved at the March 12, 2019 Council Meeting. The engineer's estimated costs for construction of the project was approximately $375,000. One addendum was issued during the bidding period that included additional pavement rehabilitation. Three (3) bids were submitted prior to the April 8, 2019 deadline: Bidder Name City Bid Dave Schmitt Construction Co., Inc. Cedar Rapids, Iowa $358,991.50 Maxwell Construction, Inc. Iowa City, Iowa $499,774.00 GM Contracting, Inc. Lake Crystal, Minnesota $588,888.14 Dave Schmitt Construction Company, Inc. of Cedar Rapids, Iowa submitted the lowest responsible bid, and staff recommends awarding the contract for the First Avenue Water Main Replacement Project to Dave Schmitt Construction Company, Inc. Background /Analysis: This project includes water main replacement along the west side of First Avenue between Friendship and Court Streets. Approximately 980 feet of six-inch cast iron pipe will be replaced with eight -inch PVC pipe. In addition to the work along the First Avenue corridor, a twelve -inch PVC pipe will be installed along the south side of Court Street and an eight -inch PVC pipe will be installed across Court Street. This pipe will connect the main on the south side of Court Street (east of Our Redeemer Lutheran Church) to the main on the north side of Court Street (in front of 2326, 2320, and 2314 Court Street). A new valve, enclosed in a precast concrete vault, will be installed in the right-of-way adjacent to the east driveway of the church. Throughout the project, trenchless installation methods will be used to minimize disturbances to roads, sidewalks, trees, and other surface features. Despite this, the project will disturb portions of the right-of-way during the restoration of water services; some sidewalks; the eastbound lanes of Court Street, west of First Avenue; and the end of A Street. Utilizing the critical closure of East Court Street, the pavement for the block between First and Upland Avenues is being rehabilitated with this project. ATTACHMENTS: Description Resolution Prepared by: Joe Weller, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 19-103 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the First Avenue Water Main Replacement Project. Whereas, Dave Schmitt Construction Company, Inc, of Cedar Rapids, Iowa, has submitted the lowest responsible bid of $358,991.50 for construction of the above-named project; and Whereas, funds for this project are available in the First Avenue (400-500 Block) Water Main Replacement, Account #W3212; and Whereas, the City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above- named project. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The contract for the construction of the above-named project is hereby awarded to Dave Schmitt Construction Company, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 23rd day of April , 2019 A Mayor Approved by Attest Cit Clerk City Attorney's Office Y�/Ph7 It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were Ayes: X X X X X X Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton I `j 0100 NOTICE TO BIDDERS FIRST AVENUE WATER MAIN IMPROVEMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 8t" day of April, 2019. Sealed proposals will be opened immediately thereafter. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 16th day of April, 2019, or at special meeting called for that purpose. A public hearing will be held during this meeting. An optional pre-bid meeting will be held at 10:00 am on March 26, 2019 at City Hall, Iowa City. The Project will involve the following: 980 feet of 8° PVC water main installed by directional drill method on 1st Avenue; 120 feet of 6" and 12" ductile iron water main installed by open trench and jack and bore method on Court Street; check valve installed in buried valve vault; and associated copper water services, traffic control, pavement removal and restoration. All work is to be done in strict compliance with the Project Manual prepared by Watersmith Engineering, of Muscatine, Iowa, which has heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and a bid security executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City (in the form shown in Section 0510) ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. The City shall retain the bid security furnished by the successful bidder until the approved contract has been executed, the required Performance, Payment, and Maintenance Bond (as shown in Section 0510) has been filed by the bidder guaranteeing the performance of the contract, and the contract and security have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond in an amount equal to one hundred percent (100%) of the contract price and in the form shown in Section 0510, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: June 3, 2019 Substantial Completion: August 16, 2019 Final Completion: October 1, 2019 Liquidated Damages: $500 per day The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank forms may be secured at the office of Technigraphics, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354- 8973, Toll -Free: (800) 779-0093. A $20.00 fee is required for each set of the Project Manual provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Technigraphics, a division of Rapids Reproductions. The fee is refundable if returned within 14 days of award of the project by City Council in re -usable condition. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall list on the Contract its subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa. KELLIE FRUEHLING, CITY CLERK Item Number: 7.h. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT April 23, 2019 Resolution authorizing acceptance of City Bridge Funds from the Iowa Department of Transportation and authorizing the City Manager to sign the Project Agreement. Prepared By: Jason Havel, City Engineer Reviewed By: Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The City of Iowa City recently received notification from the Iowa Department of Transportation (DOT) that the Gilbert Street bridge over Ralston Creek ranked high enough to receive funding towards replacement of the bridge. This agenda item gives City staff authorization to accept the funding and begin the design process for the project. It is anticipated that bridge construction would occur in 2021. The funding provides 80% reimbursement of all eligible and properly documented costs up to $1,000,000. Total cost of the project is estimated at $1,900,000, and the City's share of the estimated project costs will be funded by Road Use Tax Funds and General Obligation Bonds. Background /Analysis: Each year, the DOT evaluates city bridges, and specifically those classified as structurally deficient or functionally obsolete according to federal guidelines. Based on that evaluation, DOT staff uses a formula to prioritize and select projects that are included on the City Bridge Candidate List. This list includes a prioritized listing of all city bridges within the State of Iowa that are eligible for funding through the DOT Bridge Construction Fund. This year, two Iowa City bridges were eligible for funding, including the Gilbert Street bridge over Ralston Creek and the Burlington Street bridge over the Iowa River. However, the City can only accept funding through this program for one bridge per year. Compared to the Burlington Street bridge replacement, the Gilbert Street bridge will be a simpler and less expensive project, thus making it more financially feasible at this time. ATTACHMENTS: Description Location Map Resolution AI�sS s ® COURT IL z w D IT z �� m w z W4 A Project Location HARRISON g z w o �e yls �5 ® FA %%kI PRENTISS BOWERY - - ss r� Prepared by: Jason Havel, City Engineer, 410 E. Washington St., Iowa City; IA 52240 (319) 356-5410 Resolution No. 19-104 Resolution authorizing acceptance of City Bridge Funds from the Iowa Department of Transportation and authorizing the City Manager to sign the Project Agreement Whereas, each year, the Iowa Department of Transportation uses the City Bridge Candidate List to offer Federal -aid Swap City Bridge funds or State City Bridge funds for the replacement or rehabilitation of city bridges; and Whereas, the Gilbert Street bridge over Ralston Creek ranked high enough to receive funding; and Whereas, the City can only accept funding through this program for one bridge per year; and Whereas, projects utilizing City Bridge Funds are eligible for 80% reimbursement of all eligible and properly documented costs up to $1,000,000 for federally -funded projects or $500,000 for State City Bridge funded projects; and Whereas, the Iowa DOT makes final determination of whether a project will receive Federal -aid Swap City Bridge funds or State City Bridge funds; and Whereas, the City of Iowa City wishes to accept funding for replacement of the Gilbert Street bridge. Now, therefore, be it resolved by the Council of The City of Iowa City, Iowa, that: 1. Staff is directed to send a letter to the Iowa Department of Transportation confirming acceptance of the bridge funding to replace the Gilbert Street bridge over Ralston Creek. 2. The City Manager or a designee is authorized to sign all agreements to effectuate acceptance of the bridge funds in a form approved by the City Attorney. Passed and approved this 23rd day of April 2019. Ma or Approved by /l Attest: L acus 4Wu�#,674xe . City Clerk City Attorney's Office yl a-Jj7 It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: Resolution No. 19-104 Page 2 Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 10.e. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org April 23, 2019 Resolution vacating and conveying the Hutchinson Avenue right-of-way north of Park Road in Black's Park Addition Subdivision to Bryan Svoboda. ATTACHMENTS: Description Staff P&Z Report P&Z Minutes Resolution To: Planning & Zoning Commission Item: VAC18-00001 Hutchinson Avenue between 526 & 604 Park Road GENERAL INFORMATION: Applicant/Property Owner: Requested Action: Purpose: Location: Location Map: STAFF REPORT Prepared by: Jesi Lile, Associate Planner Date: March 21, 2019 Bryan Svoboda 526 Park Road Iowa City, IA 52246 319-351-6534 Bryan-svoboda@gmail.com Vacation of Hutchinson Avenue right-of- way To provide a private driveway for 526 Park Road and build a single- family home at 604 Park Road Hutchinson Avenue north of Park Road Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: File Date: 45 -Day Limitation: BACKGROUND INFORMATION: Approximately 11,000 square feet Public Road that essentially acts as a private drive; City -owned right-of-way North: Residential; Low Density Single Family Residential (RS -5) South: Residential; Low Density Single Family Residential (RS -5) East: Residential; Low Density Single Family Residential (RS -5) West: Residential; Low Density Single Family Residential (RS -5) March 1, 2019 April 15, 2019 The applicant, Bryan Svoboda, is applying for a vacation of Hutchinson Avenue north of W. Park Road between 526 and 604 Park Road. The area requested for vacation is approximately 11,000 square feet. The applicant owns the properties at 526 and 604 Park Road, and is requesting this vacation to gain ownership of the road for use as a private driveway. Additionally, he wishes to build a single-family home on the currently vacant 604 Park Road property. PARK RD Figure 1. Map of the subject area on Park Road Though the original plat of Black's Park Addition shows extensions of Hutchinson Avenue, Magowan Avenue, Ferson Avenue, and Gould Street, none of these streets were ever developed, and the City vacated right-of-ways in Black's Park Addition from the 1940s through the 1980s. The image below compares the original plat of Black's Park Addition from 1916 to today's street layout. NN �D � 0 0 - 0 p .—�-_�.__—�. - __�_-e SYiStt��+�t_ __ �._�-_ �99ti�•i. �'YbtiN,b _. �._-�__�.._�.�.__�_.-- __ r;1' 316. r- 26, 26 1 " - COULD ST a u r -,•4.1 C -- �` syr Owl 1 r - I I I PARK RD Figure 2. Above: Black's Park Addition as originally platted; Below: Black's Park Addition as developed. The area pertaining to the Hutchinson Avenue vacation is outlined in red. Existing roadways are shown in light gray. In 1973 a 10'x80' vacation of Hutchinson Avenue was granted to the previous property owners of 526 Park Road because they built an addition on their house that was partially in the right-of-way. The property owners of 524 Park Road, the Skaugstads (who are the current owners) owned land to the north of 526 and 604 Park Road, and opposed the vacation on the premise that they may want to develop that land and extend Hutchinson Avenue as an access point. At the time this vacation was granted, it was argued that there was still room for a road if the City ever decided to extend it. oar,`Rta� s�Y�t @ O 3 @• C7 NN �D � 0 0 - 0 p .—�-_�.__—�. - __�_-e SYiStt��+�t_ __ �._�-_ �99ti�•i. �'YbtiN,b _. �._-�__�.._�.�.__�_.-- __ r;1' 316. r- 26, 26 1 " - COULD ST a u r -,•4.1 C -- �` syr Owl 1 r - I I I PARK RD Figure 2. Above: Black's Park Addition as originally platted; Below: Black's Park Addition as developed. The area pertaining to the Hutchinson Avenue vacation is outlined in red. Existing roadways are shown in light gray. In 1973 a 10'x80' vacation of Hutchinson Avenue was granted to the previous property owners of 526 Park Road because they built an addition on their house that was partially in the right-of-way. The property owners of 524 Park Road, the Skaugstads (who are the current owners) owned land to the north of 526 and 604 Park Road, and opposed the vacation on the premise that they may want to develop that land and extend Hutchinson Avenue as an access point. At the time this vacation was granted, it was argued that there was still room for a road if the City ever decided to extend it. Since then, Hutchinson Avenue has continued to act as a private drive for 526 and 604 Park Road and three Special Exceptions have been granted concerning the two properties on each side of Hutchinson Avenue. The first, in 1989, was granted to the previous residence at 604 Park Road to reduce the front yard requirements along Hutchinson Avenue and allow for a garage. The second was granted in 2007 at 526 Park Road for a reduction in the front yard setback requirements on Hutchinson Avenue in order to build a kitchen addition and a covered porch/entryway. During this special exception, a board member asked staff why they did not vacate, and staff replied that the owners of the property to the north were opposed, though the City had no plans to extend Hutchinson Avenue. The third exception was granted in 2015 to reduce the setback on Hutchinson Avenue at the former 604 Park Road residence to build a porch. ANALYSIS: The following factors are to be considered in evaluating a vacation request: a) Impact on pedestrian and vehicular access and circulation; b) Impact on emergency and utility vehicle access and circulation; c) Impact on access of adjacent private properties; d) Desirability of right-of-way for access or circulation needs; e) Location of utilities and other easements or restrictions on the property; f) Any other relevant factors pertaining to the specific requested vacation. a) Vehicular and pedestrian circulation and access to private property: Though Hutchinson Avenue is a public right-of-way, the street has never been constructed and currently functions as a private drive providing access to the properties at 526 and 604 Park Road. The Black's Park Addition, which was platted January 3, 1916 shows an extension of Hutchinson Avenue to provide access to future development to the north of 526 Park Road. Based on conversations with Public Works, Hutchinson Avenue will not be extended due to the severe topography. Additionally, in the case of eventual development, the property to the north could be accessed via Park Road. The proposed vacation will not impact pedestrian circulation. Park Road has sidewalks on the north side, which will be unimpacted. b) Emergency and utility and service access: Emergency service access to this right-of-way will not be diminished by this vacation as the right-of-way does not currently provide access to any parcels or properties that cannot be accessed directly from Park Road. c) Impact on access of adjacent private properties If Hutchinson Avenue is vacated, the property owners at 524 Park Road would not be able to extend the road to access their property north of 526 Park Road in the case of future development. However, based on conversations with Public Works staff, extending Hutchinson Avenue is highly unlikely due to the steep topography. Furthermore, the property owners of 524 Park Road have access to their property from two points directly from Park Road. At present, they access their home off Park Road and the shed located in the north portion of their property via a separate small driveway off Park Road. In the case of eventual development of this property, the access could be improved to allow for access to the rest of their property. 4r T -,- PARK Rn Figure 3. The property owned by the Skaugstods at 524 Park Road is outlined in blue. Notice the secondary access point off Park Road. d) Desirability of right of way for access or circulation needs The primary function of Hutchinson Avenue is to provide access to 526 & 604 Park Road. It acts as a driveway for these properties and due to the topography, is very unlikely to be extended and used as an access point for the property north of these two lots. Development north of 526 Park Road is better served directly from Park Road. While the land north of 526 Park Road is platted, currently the property is all one lot under the ownership of 524 Park Road, and they have access to this area via Park Road as shown above. e) Location of utilities and other easements or restrictions on the property Public Works has confirmed that there are no public utilities in this section of the Hutchinson Avenue right-of-way. Staff has inquired with private utility companies as to whether there are utilities located in this section of Hutchinson Avenue, and is waiting on a response. There are also no easements or restrictions on this section of Hutchinson Avenue. f) Any other relevant factors pertaining to the specific requested vacation The applicant currently provides all snow removal service and maintenance to this section of Hutchinson Avenue. If this vacation is approved, he will continue to do so. Additionally, a purchase agreement is under review. The owners of 524 Park Road will still have access to their property off Park Road, and if they choose to develop at some point in the future, would need to re -subdivide their land. SUMMARY: The section of Hutchinson Avenue north of Park Road has been functioning as a private drive for 526 & 604 Park Road for decades. The applicant intends to purchase this land from the City in order to make his residence at 526 Park Road more marketable and to build a single-family home at 604 Park Road. Regardless of the vacation, access to the north of 526 Park Road via an extension of Hutchinson Avenue is highly unlikely due to the steep topography of the area and the cost associated with building this extension vs the benefit of developing five or fewer new houses on these plats. Additionally, the property owners of 524 Park Road have access to the north side of their property via a second curb cut on Park Road, and would have to re -subdivide their land for development if they wished to do so due to vacations of other right-of-way in the original Black's Park Addition subdivision. NEXT STEPS: Upon recommendation of approval by the Planning and Zoning Commission, the proposed vacation will be reviewed by the City Council. The City Council will consider both the vacation and conveyance of this land. The applicant has made a purchase offer for the vacated right-of-way. Additionally, in order to gain access to 604 Park Road directly off of Park Road and not the Hutchinson Avenue right-of-way, he will need to apply for a Minor Modification and Curb Cut Permit in order to reduce the driveway spacing and for a new curb cut and driveway at 604 Park Road. This process will need to be reviewed by Staff. STAFF RECOMMENDATION: Staff recommends the approval of VAC18-00001, a vacation of the Hutchinson Avenue right-of-way north of Park Road in the Black's Park Addition subdivision, Iowa City, IA. ATTACHMENTS: 1. Location Map 2. Subdivision Map 3. Photographs Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services 38 'l. a3r�i Oa�t�id,� o • 3 tNAl( � 1M 41T A. . . 6o w• i . in w w .• is E ti, J I • -•� O � P O „ If! d 7 •P� rc. - rsP.• u vLiop i/aCate d / jzr333 7y < •� _60 cq6.K tom' La be. L.r as 4• <T` Lei we Lw bre. sr t�•E �i ' �. J,P _���__— _—__ _ __ __L.ei�Yt�l�YSS—`^Y_ __ _•- __4it�''i �VGYl lh.2 ,_ 4 -- `- -- -- _-- Sfa• ,h.dySSt4°4 T.R1- . 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A AL, IAN jo AAA INVI�k 4 A A JA AAA A C b a c It A -to ''1 Ir sera �_' • X �? �f?�t " IN ¢NotAIAO r 404 u NA 41 r t 9 w - r 3=MIA 4 Not , rn It A Not ::s sr`w '� ti.. d MIC No AN A or it I too It i r' j o A III No _ �;A. u s III, �- 4 _ AAA A, A'9 - - n. -. t '� ^-• Tom, I �^^• A`'1Anot- _ �t^��''�7...... :��� 6_�f aiN_ Y, ,-1 _ - M iNPA - . a4if!C" s, . L. 'etc !.� _ M ��_ i = t • -..,t � wX z a., rpt ti , .v t 1 _. � tom. my;f R '3' i Aq I1 i ' � i��l�, f�� �>i. f l� � e _ � crp I � r R� ` < ��.�,. v �`'' K �' � ,� � �Raae�. w Y'� _ �4 .. Planning and Zoning Commission March 21, 2019 Page 3 of 10 will need to be approved by the Department of Public Works. Sanitary sewer will run along Rollins Lane and flow to the southwest via an easement between Lots 5 & 6. The proposed sanitary sewer will not affect the current layout of the remnants of the old stone bridge. Staff recommends approval of SUB18-00013, an application submitted by Allen Homes, Inc for a preliminary plat of Rollins Pass, a 12 -lot, 8.02 -acre residential subdivision located at the southwest corner of Lower West Branch Road and Taft Avenue. NEXT STEPS: Pending approval from the Planning and Zoning Commission, a resolution for approval of the preliminary plat and sensitive areas development plan will be forwarded onto the City Council for consideration. A final plat is required prior to development. Dedication of right-of- way, a final landscaping plan, and a final stormwater management plan will all be required at the time of final platting. Parsons opened the public hearing. John Yapp (920 4'" Avenue) representing Allen Homes, Inc. was available for any questions Signs asked if the applicant would be constructing a walking bridge over Ralston Creek. Yapp confirmed they would to connect to the trail on the south side of the creek. Parsons asked about the little stump road between Lots 9 & 10 and if the City was anticipating future development to the south. Yapp believes the City wanted to keep that possibility open, the current property owner is not interested in development but a future property owner might be. Parsons closed the public hearing. Signs moved to recommend approval of SUB18-00013, an application submitted by Allen Homes, Inc. for a preliminary plat of Rollins Pass, a 12 -lot, 8.02 -acre residential subdivision located at the southwest corner of Lower West Branch Road and Taft Avenue. Baker seconded the motion. A vote was taken and the motion passed 6-0. CASE NO. VAC18-00001 Applicant: Bryan Svoboda Location: Hutchinson Avenue between 526 and 604 Park Road An application for a vacation of public right-of-way submitted by Bryan Svoboda for approximately 11,000 square feet of Hutchinson Avenue located between 526 and 604 Park Road. Lile presented the staff report beginning with showing an aerial view of the property and a zoning map of the area. As noted the area is currently owned by the City and surrounded by RS -5 zoning. The area requested for vacation is approximately 11,000 square feet. The applicant owns the properties at 526 and 604 Park Road, and is requesting this vacation to gain ownership of the road for use as a private driveway. Lile showed the original plat of Black's Park Addition which was platted in 1916. It shows an extension of Hutchinson Avenue, Magowan Avenue, Planning and Zoning Commission March 21, 2019 Page 4 of 10 Ferson Avenue, and Gould Street, none of these streets were ever developed. Lile then showed what Black's Park Addition looks like today, the City vacated right-of-ways in Black's Park Addition from the 1940s through the 1980s. Hutchinson Avenue was never extended and part of the right-of-way was vacated. In 1973 a 10'x80' vacation of Hutchinson Avenue was granted to the previous property owners of 526 Park Road because they built an addition on their house that was partially in the right-of-way. Since that time three special exceptions have been granted, one in 1989 to reduce the right-of-way setback at 604 Park Road in order to build a garage, in 2007 to reduce the Hutchinson Avenue setback at 526 Park Road to build a kitchen addition and a covered porch/entryway, and in 2015 to reduce the setback at 604 Park Road to build a porch. Lile noted that also in 2007 one of the Board of Adjustment members asked staff why the City did not vacate this area of Hutchinson Avenue and at that time it was because the property owners to the north were opposed. Lile explained in a vacation there are six factors to consider: 1) Impact on pedestrian and vehicular access and circulation; 2) Impact on emergency and utility vehicle access and circulation; 3) Impact on access of adjacent private properties; 4) Desirability of right-of-way for access or circulation needs; 5) Location of utilities and other easements or restrictions on the property; 6) Any other relevant factors pertaining to the specific requested vacation. Regarding pedestrian and vehicular access Hutchinson Avenue north of Park Road has never been constructed and serves as a private driveway. There is very steep topography to the north of Park Road and according to the Public Works Department Hutchinson Avenue will not be extended due to this topography. The proposed vacation will not impact pedestrian circulation. Park Road has sidewalks on the north side, which will be unimpacted. Lile noted there are no emergency service access to properties off the Hutchinson Avenue right- of-way, everything can be serviced from Park Road. The property owners at 524 Park Road would not be able to extend Hutchinson Avenue for access to the north side of their property if this vacation was granted. Because of the steep topography Public Works states an extension is highly unlikely and in case of future development there is access from a second curb cut off Park Road that leads to a shed on the north side of the property of 524 Park Road and in the case of future development that access point could be improved. Lile stated the primary function of Hutchinson Avenue is to provide access to 526 & 604 Park Road. Development to the land north of 526 Park Road would be better served from access via Park Road. The Public Works Department and private utilities have confirmed there are no public utilities, private utilities or easements on this right -of way. As for any other relevant factors, Lile stated the applicant currently provides all snow removal service and maintenance to this section of Hutchinson Avenue. Additionally, a purchase agreement is under review. The section of Hutchinson Avenue north of Park Road has been functioning as a private drive for 526 & 604 Park Road for decades and an extension of Hutchinson Avenue is highly unlikely due to the steep topography of the area. The property owners at 524 Park Road could have access to their property from the second curb cut on Park Road if they ever decide to redevelop. Planning and Zoning Commission March 21, 2019 Page 5 of 10 Staff recommends the approval of VAC18-00001, a vacation of the Hutchinson Avenue right-of- way north of Park Road in the Black's Park Addition subdivision, Iowa City, IA. NEXT STEPS: Upon recommendation of approval by the Planning and Zoning Commission, the proposed vacation will be reviewed by the City Council. The City Council will consider both the vacation and conveyance of this land. The applicant has made a purchase offer for the vacated right-of-way. Additionally, in order to gain access to 604 Park Road directly off of Park Road and not the Hutchinson Avenue right-of-way, he will need to apply for a Minor Modification and Curb Cut Permit in order to reduce the driveway spacing and for a new curb cut and driveway at 604 Park Road. This process will need to be reviewed by Staff. Signs asked if the City had received any communication from the owners of 524 Park Road. Lile stated they have not. Baker asked about the purchase offer for the vacated right-of-way and if the City set the price and how value of the land was determined. Hektoen stated the City does not set the price, it is a negotiation like any other purchase agreement, and it is at fair market value based on comparable sales and assessed value. Parsons opened the public hearing. Bryan Svoboda (526 Park Road) noted the staff report was compete and he didn't have much to add. He stated this is a win-win for him and the City. He noted that in the original blue prints of his house there was a garage on the side and this street would have been used as a driveway. This has never been taxable land, and he has been the one maintaining the right-of-way and put asphalt down because it was originally gravel. Vacating the parcel allows the land to become taxable land and also will allow for a house to be constructed on the site and allow for more generated property taxes. Parsons asked why the property to the left of the proposed vacation was torn down. Svoboda noted he tried to save that house, hired an architect from Chicago to help, they tore it down to the studs to start the remodel and when the quotes started coming in they were just outrageously high. He also noted the shared driveway situation was not good and the garage placement left no room for guest parking so the guest parking became in the shared driveway and Svoboda could not get into his house. At his house, he constructed an area to the back where he can fit eight guest cars in as to not block the shared driveway and he plans to do the same on the new house he is proposing to construct on the vacated property. Baker asked if the plans for the new house were complete. Svoboda replied he does not, he has a trip planned to go to Chicago and meet with the architect tomorrow. He noted it will be in the style of the other homes in the area. Parsons closed the public hearing. Baker moved to recommend approval of VAC18-00001, a vacation of the Hutchinson Avenue right-of-way north of Park Road in the Black's Park Addition subdivision, Iowa City, IA. Martin seconded the motion. Planning and Zoning Commission March 21, 2019 Page 6 of 10 Parsons noted with the topography there is no way to extend Hutchinson Avenue so this vacation makes complete sense. Signs noted that he drove out to the site and the pictures shown tonight do not really show the severity of the slope. A vote was taken and the motion passed 6-0. CASE NO. REZ19-1 Applicant: City of Iowa City Location: Old Settler's Association of Johnson County Cabins, off 100 Park Road in City Park. An application submitted by the City of Iowa City for a rezoning of approximately 0.6 acres of property located at 100 Park Road from Neighborhood Public Zone (P-1) to Neighborhood Public Zone (P-1) with a Historic District Overlay (OHD). Russett noted this item, and the next two as well, are all rezoning items of City owned property to establish Iowa City local landmarks, staff has been working on moving these local landmarks forward for a while and felt now was the appropriate time because of the upcoming celebration for the reopening of the City Park Cabins along with the 70th Anniversary of the City Park Pool and wanted these designations to move forward prior to these celebrations next month. The cabins and the Ned Ashton House are connected with the City Park Pool because Ned Ashton was actually the engineer for the City Park Pool. The third request is for the senior center, which doesn't really have a connection to the celebration but decided to move forward with it as well because it is a historic resource owned by the City. Russett began the report of the City Park Cabins by showing an aerial map of the location, the proposed rezoning is not for the entire City Park, just for the area where the cabins are located. She also showed photographs from of the cabins throughout the years, up to the current rehabilitation. Russett noted the Historic Preservation Commission at their meeting last week did recommend approval of this rezoning and Planning Staff has also been working with Parks and Recreation Staff and this rezoning application was presented to the Parks Commission a couple weeks ago. Staff recommends approval of REZ19-1, an application to designate the Old Settler's Association of Johnson County Cabins as an Iowa City Historic Landmark and rezone from Neighborhood Public (P-1) to P-1 with a Historic District Overlay (P-1/OHD). Parsons opened the public hearing. Seeing no one, Parsons closed the public hearing. Signs moved to recommend approval of REZ19-1, an application to designate the Old Settler's Association of Johnson County Cabins as an Iowa City Historic Landmark and rezone from Neighborhood Public (P-1) to P-1 with a Historic District Overlay (P-1/OHD). Martin seconded the motion. Signs noted the rehabilitation of the cabins is very nice and impressive j D.1b Prepared by: Jesi Lile, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5252 (VAC1 8-00001) Resolution No. 19-105 Resolution vacating and conveying the Hutchinson Avenue right-of-way north of Park Road in Black's Park Addition Subdivision to Bryan Svoboda Whereas, the applicant, Bryan Svoboda, owner of both 526 and 604 Park Road, requested that the City vacate the portion of Hutchinson Avenue right-of-way north of Park Road in Black's Park Addition Subdivision and has offered to purchase the land at fair market value; and Whereas, the right-of-way has always functioned as a private, shared drive between 526 and 604 Park Road: and Whereas, the applicant has requested this vacation and conveyance to make the lot at 526 Park Road more compliant with the zoning code and more marketable, as well as to gain ownership of the road to be used as a private driveway; and Whereas, the City has no plans to ever extend Hutchinson Avenue to the north or make improvements due to the steep topography of the area; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. That portion of Hutchinson Avenue right-of-way north of Park Road in Black's Park Addition, City of Iowa City, known as Auditor's Parcel 2019031 and Auditor's Parcel 2019040, are hereby vacated. 2. The City Council does hereby authorize the Mayor and City Clerk, upon approval of the City Attorney, to execute all documents necessary to convey its interest in Auditors Parcel 2019031 and Auditor's Parcel 2019040, as shown on the plat thereof recorded in Book Page Sin the Plat Records of the Johnson County, Iowa Recorder to Bryan Svoboda via Quit Claim Deed for the price of $10,176. 3. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law. Passed and approved this 23rd day of April / 12019 G M4§or Approved by Attest: Amo- .%i1so,wwd i Ae.,— City Clerk City Attorney's Office It was moved by Mims and seconded league the Resolution be adopted, and upon roll call were: Resolution No. ' 19-105 Page 2 Ayes: Nays: Absent: Salih Cole Teague Mims Taylor Thomas Throgmorton Item Number: 13. 'r AL CITY OF IOWA CITY =� COUNCIL ACTION REPORT April 23, 2019 Resolution authorizing the filing of an application with the Iowa Department of Transportation for FY2019 Iowa DOT State Transit Assistance and Federal Transit Administration Funding. Prepared By: Darian Nagle-Gamm, Director of Transportation Services Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Permits application for State and Federal transit operating and capital funds which may require matching funds Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The consolidated transit funding application is an annual application filed with Iowa Department of Transportation (DOT) listing capital and operating expenses that we wish to see funded by DOT and the Federal Transit Administration (FTA). The projects contained in the application have been programmed by Iowa City Transit for FTA Section 5307, 5310 and/or 5339 funds in FY2020. The projects will be included in the FY2020 Iowa DOT Consolidated Transit Funding Application that the Metropolitan Planning Organization of Johnson County (MPOJC) is completing and in the FY2019-2022 MPOJC Transportation Improvement Program (TIP). Iowa City Transit may not seek funding for all of the projects; however, each project needs to be listed in order to be eligible for funding. The total amount of funds being requested in the funding application is approximately $19.5 million. Background /Analysis: Due to our application for and potential receipt of federal grant funds, we are required to hold a public hearing so that the public has an opportunity to comment on the funding request. This is an annual process and we must provide a minimum of thirty days' notice prior to the public hearing. The specific allocations for the funds being applied for are detailed below: • State Transit Assistance Program: approximately $ 498,984 — These are formula funds for operations awarded to the Metropolitan Planning Organization (MPO) and then distributed between Iowa City Transit, Coralville Transit and the University of Iowa — Cambus. • Federal operating assistance for transit (5307): $ 1,582,896 — These are funds awarded from FTA to provide operational assistance to the transit agency. • From federal funds for transit in non -urbanized areas and/or for transit serving primarily elderly persons and persons with disabilities (5310): $ 112,448 — These funds are awarded to Iowa City and committed to para -transit services that are contracted through a 28E Agreement with Johnson County. • State-wide federal capital assistance for transit (5339): $ 17,300,385 — These funds include all of the capital projects that Iowa City Transit wishes to see funded. This sum includes replacement and relocation of the transit facility, buses and bus shelters. A local match of 15% - 20% is commonly required for the award of these funds. ATTACHMENTS: Description Resolution t3 Prepared by: Brad Neumann, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5235 Resolution No. 19-106 Resolution authorizing the filing of an application with the Iowa Department of Transportation for FY2019 Iowa DOT State Transit Assistance and Federal Transit Administration Funding. Whereas, the City of Iowa City, Iowa has undertaken to provide its residents with a public transportation system; and Whereas, the Iowa Department of Transportation (IDOT) offers financial assistance to local governmental units for their public transportation systems, including operations and project costs; and Whereas, the State Transit Assistance Program are funds allocated based upon a formula funds for operations awarded to the MPO and then distributed between Iowa City Transit, Coralville Transit and the University of Iowa — Cambus; Whereas, Federal operating assistance for transit (5307) are funds awarded from FTA to provide operational assistance to the transit agency; Whereas, federal funds for transit in non -urbanized areas and/or for transit serving primarily elderly persons and persons with disabilities (5310) are funds are awarded to Iowa City and committed to para -transit services that are contracted through a 28E Agreement with Johnson County; Whereas, state-wide federal capital assistance for transit (5339) are funds for all the capital projects that Iowa City Transit wishes to see funded, including replacement and relocation of the transit facility, buses and bus shelters. A local match of 15% - 20% is commonly required for the award of these funds; Whereas, the acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions; and Whereas, the City of Iowa City has sufficient non-federal funds to provide required local match for capital projects and at time of delivery, will have the funds to operate and maintain vehicles and equipment purchased under this project. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Metropolitan Planning Organization of Johnson County and the City Manager are hereby authorized, on behalf of the City of Iowa City, to file a Consolidated Transit Funding Application for financial assistance with the IDOT as noted below and to execute related contract(s) with the Iowa Department of Transportation, in a form approved by the City Attorney. Resolution No. 19-106 Page 2 a. From the State Transit Assistance Program: 3.38781814% (approximately $498,984) of Formula Funds, which the City shall request be advanced monthly as allowed by law, to improve transit system cash flow; b. From federal operating assistance for transit: $1,582,896; previous year's funding goes in to TIP; c. From federal funds for transit in non -urbanized areas and/or for transit serving primarily elderly persons and person with disabilities: $112,448; project estimate; and d. From state-wide federal capital assistance for transit: $17,300,385; project estimate. Passed and approved this 23rd 'day of April, 2019../ X_�L L . Z4�7_ MAYOR / ATTEST: CITY CLERK It was moved by Mims and seconded by adopted, and upon roll call there were: AYES: X X X X X X NAYS: Approved by � CityAttorney's Office g I 1 Q In Thomas the Resolution be ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 14. ®I CITY OF IOWA CITY u► ��� COUNCIL ACTION REPORT April 23, 2019 Resolution approving project manual and estimate of cost for the construction of the City Park Adventure Playground Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Juli Seydell-Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: The estimated cost for this project is $400,000 and will be funded by CI P Account #: R4356 Recommendations: Staff: Approval Commission: Parks Commission reviewed and approved the City Park Adventure Playground redevelopment plan on March 13, 2019. Attachments: Playground Rendering Location Map Plan View Resolution Executive Summary: This agenda item begins the bidding process for the City Park Adventure Playground Project. The base bid scope of work for this project includes removal of an existing building and retaining wall; installation of poured -in-place play surfacing, retaining walls, play equipment, shelter, sidewalk, and site landscaping; and site restoration. The project base bid estimate is $400,000. There are two (2) alternates in addition to the base bid: • Alternate #1 — (estimated cost $41,000) Install park lighting and associated electrical upgrades • Alternate #2 — (estimated cost $12,000) Add decorative concrete stain and stamping Background /Analysis: A new adventurous and inclusive play area developed in City Park is intended to provide a community -wide draw to City Park and replace the City Park Carnival Rides that were removed in 2018. The new playground will be located on the site of the former zoo, which is a hillside linking upper and lower City Park. Once constructed, the play area is to be open to the public without a requirement of additional fee or staff on-site to supervise or operate. The City will be purchasing the following items separately for installation by the contractor as a part of the project: • Playground Equipment — $300,000 • Shelter— $13,500 • Entry Sign — $3,500 • Benches — $4,000 • Trash and Recycling Receptacles — $3,000 • Picnic Tables — $3,000 Project Timeline: Hold Public Hearing —April 23, 2019 Bid Letting — May 14, 2019 Award Date — May 21, 2019 Construction Start— June 3, 2019 Final Completion — September 7, 2019 ATTACHMENTS: Description Playground Rendering Plan View Location Map Correspondence - Jennifer Mettemeyer Resolution Lower City Park Adventure Play d?, January 29, 2019 1132360-01 03-01 Lower City Park Adventure Play Iowa City, IA January 29, 2019 1132360-01 03-01 �u0 ----------------- --------------------------------------------------- --------------------------------------------------------------- --------- ----------------- -K-6-54-.-9_5 --------------------- --------- 655 -------------------------- ------------- T ----------------------------- -------------------------- --------------------------------- ZL �nel ------ 654.33 ------------ - ------------ �s X6.27------------------------------- -- ---- -- -------------- -------------------------- -------------- ------ ----------- ---- - -- 657 7 - -- ------ ------------- --------------- -658 ------- -------- ------------ -4/ ...... ----------- 'T) R 'T) A -------- 4 14 1 1 1 1 1 1 "%14 -657. 662.421 I 1 4 1 1 4 1 1 4 +%+4+ l'l%'+'+'+'+'+ + + ............ + +• + + + + + + + + + 4 + + + + + +1 A + + + + 663 ------- --- -- 4+ + + + , A I 1 4 1 4 061, + + 4 + +++ + + 664 `7 + + + + + + + + + + + + + + + 663.77 + + + + + 4 + + + + + + + + + + 665 + + + I v CZ CZ T 11 11 1 1414 1 11 1 4 1 4 0,p 662 71,%4 + 1+1++''+++ + 11 1 + + + 662 ++4%%+++ ...... + + %+, 660 + + + ------ 4 (D(D x 65�.7 666 4 4 4 4 64 IF + + + X+4%'+:++ 4 4 + +% +��59� ++4 BUR + 59.4 7 N- 6581.2C + + +, + + + + 4 + 4 8 6 WbI H6FT,[,, TPS 659.5 11 41 1 11 OR "� IQ "I + + JDBER .11A.- 17 H + + ,DME AST +F1487 �al�E lBffIVE�14 X\ 06 X-668.92 666.59 11 \ + ''%, ^A -66- ------ ---------------- -------- 66S--------j ------------ ------------------- ----- 666 -------- 0 668 66 4 .......... ------ -------- --------- -------------- ----------- ---------- SIGN'GE u 0 ETR TF %2 U/ YEHTEO M E ------------ 666---- -------- A R RD A�LUS -------- IS DESIGN REQU ------ -6 EEGE c-PUM HIGH F Y R G FOR ------ H'G' � CT 0 MEET 6-7-3- -------------- 666_- --------- STM DD G DjusT ------ ------- - AS Go LI ------ Tw 7.93 ------- -------- ---------- ------ ---------- --------------- -------------- ------ -------- 679 in --- ------ ---------- Kellie Fruehling From: Jennifer Mettemeyer <jenmett@gmail.com> Sent: Wednesday, April 10, 2019 10:59 AM To: Council Subject: ICCSD DPO Meeting 4/10/19 Hello City Council Members! I am the proud mom of Norah Mettemeyer, who received your citizenship award as a Shimek student last year, and Meghan Mettemeyer, one of the students who received the award at your last meeting. While at the meeting last week, I noticed there was an agenda item regarding the proposed City Park playground. This was of interest to me as I was heavily involved with the Shimek playground discussion that resulted in the DOJ investigating around 12 of the ICCSD's playgrounds. I was also selected to be a member on the committee that Kingsley Botchway formed to create inclusive play standards for the district. I have served on this committee for over a year now and have learned a great deal about ADA laws, how they apply to playgrounds, and the concepts of inclusive playground design from the experts the school district hired to create new standards. While I am by no means an expert, after reviewing the proposed play structure for City Park, I could not help but notice that it does not appear to be designed using inclusive design concepts and appears to be designed to only meet the minimum ADA laws, and found this very disappointed. I recognize that there are members of the board who are experts on the subjects of ADA protections and playground design, but I also realize that, like the school board, there are members who might not have much knowledge on this subject. This is why I would like to extend an invitation to tonight' ICCSD Districtwide Parents' Organization meeting. Our speakers will be local attorney Mary Richard and local playground designer Tony Malkusik, who is also part of the team that the district hired to created inclusive playground standards for the district. The meeting will not be focused on the district and it's policies, it will be general information about ADA surfacing laws and how they apply to public playgrounds and also explain the basic concepts of inclusive design. I feel this would be a great crash course for any board member who would like to know more about this subject before approving any new playgrounds. Below is a link to the agenda. https:Hdocs.google.com/document/d/lAmocC- 9Zl9leTvDhH GZicutKVvOmab47Vw35GfOT /edit?usp=sharing I recognize this is not much notice, but please feel free to contact me with any questions or if you would me to share the presentations via email after the meeting. Thank you for service, Jennifer Mettemeyer 319-855-0318 ISTRICTWIDE PARENTS' ORGANIZATION IOWA CITY COMMUNITY SCHOOL DISTRICT htto,/Iwmv.edlin-e.net/oacesACCSD�/ULPnWQiaWA P r rAg -0ruanizabon Meeting Agenda April 10, 2019 City High Commons Welcome from City High Principal John Bacon (6:30) II. Announcement Cindy Robinson - Word Link is looking for host families for international students III. Iowa City Community School District Reports (6:40) a. School Board Representative b. Administration Representative c. Foundation Representative IV. Presentation: ADA Standards and Inclusive Design for Playgrounds (7-7:30) Attorney Mary Richards and Designer Tony Malkusak V. District Parent Organization Officer Reports (7:30) a. Co -Presidents - Vote to approve updated Constitution in May b. Co -Presidents Elect c. Co -Presidents Past - Scholarship and Honorees d. Co -Secretaries - Approval of past minutes e. Treasurer Snacks available before and after meeting. Next Meeting: May 8 at Weber Elementary Jay Beaver, Preschools: Impacts, Facilities, Future Plans Feel free to email dpoiccsd(@gmail.com with feedback or questions on topic to help presenters. District Parent Organization Executive Board: Co -Presidents: Miriam Timmer-Hackert, Eric Johnson Co -Presidents Elect Candidates: Noor Miller, Stevie Toomey Co -Presidents Past: Tara Sterba, Brad Kelly Co -Secretaries: Mary Murphy, Jennifer Mettemeyer Treasurer: Cyndi Crossett -Powell Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 19-107 Resolution approving project manual and estimate of cost for the construction of the City Park Adventure Playground Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. Whereas, notice of public hearing on the project manual and estimate of cost for the above- named project was published as required by law, and the hearing thereon held; and Whereas, the City Engineer or designee intends to post notice of the project on the website owned and maintained by the City of Iowa City; and Whereas, funds for this project are available in account # R4356 — Lower City Park Adventure Playground Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that The project manual and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to post notice as required in Section 26.3, not less than 13 days and not more than 45 days before the date of the bid letting, which may be satisfied by timely posting notice on the Construction Update Network, operated by the Master Builder of Iowa, and the Iowa League of Cities website. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 10:00 a.m. on the 14' day of May, 2019. At that time, the bids Will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 215' day of May, 2019, or at a special meeting called for that purpose. Passed and approved this 23rd day of Anri 1 2019. Attest: Ci Clerk Approved by City Attorney's Office Int Resolution No. 19-107 Page 2 It was moved by Salih adopted, and upon roll call there were: Ayes: and seconded by Cole the Resolution be Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 15. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT April 23, 2019 Resolution adopting an assessment schedule of unpaid mowing, clean-up of property, snow removal, sidewalk repair, and stop box repair charges and directing the Clerk to certify the same to the Johnson County Treasurer for collection in the same manner as property taxes. Prepared By: Kellie Fruehling, City Clerk Reviewed By: Geoff Fruin, City Manager Fiscal Impact: No impact Recommendations: Staff: Approval 1 •uu •a ►/_1 Attachments: Resolution w/ Exhibits A and B Executive Summary: This resolution is to adopt an assessment schedule for unpaid mowing, property clean-up, snow removal, sidewalk repair, and stop box repair. Background /Analysis: The City has the authority under Iowa Code §364.13B to assess the nuisance abatement costs in the same manner as a property tax. This resolution allows the City Clerk to certify to the Johnson County Treasurer the abatement cost to be assessed against the property. This assessment is being pursued only after the City took many steps to resolve the matter. The City notified the homeowners to abate the nuisance (for example, to remove snow from the sidewalk) and after the homeowner did not take action to abate the nuisance, the City abated the nuisance and billed the owner. After being billed at least twice, these owners still have not paid the abatement costs. The City has sent a letter to the homeowner giving them notice that this resolution would be on the agenda, a copy of which is attached to the resolution. No interest will be charged if the owner pays within 30 days of the first required publication. Attached as an exhibit to the resolution is a list of the properties that will be assessed and the amount that will be assessed. ATTACHMENTS: Description Resolution Resolution - Exhibit A Resolution - Exhibit B 16 Prepared by: Kellie Fruehling, 410 E. Washington St., Iowa City, IA 52240-319-356-5040 RESOLUTION NO. 19-108 Resolution adopting an assessment schedule of unpaid mowing, clean-up of property, snow removal, sidewalk repair, and stop box repair charges and directing the Clerk to certify the same to the Johnson County Treasurer for collection in the same manner as property taxes. Whereas, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; Whereas, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference, Whereas, Iowa Code § 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and Whereas, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on June 6, 2019. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until June 5, 2019 payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. Resolution No. 19-108 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this 23rd day of April 2019. Mayor ATTEST: � clL' - . City Clerk Approved by <�� 15 City Attorney's Office It was moved by Thomas and seconded by Cole the Resolution be adopted, and upon roll call there was: AYES: suM0 rd&Res W bateR es_ tloc NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton CITY OF IOWA CITY ASSESSMENT SCNEOULE OP UNPAID WEED REMOVAL, SIDEWALK REPAIR, SNOW REMOVAL, STOP BOX REPAIR, AND PROPERTY CLEANUP 935 ESTRON ST PENNY BRVN ADDMON-PART 1 LOT 1012428000 $2567600001�11LLIN� -L" ZIELINSKI, RHEA Si'e.alk Repair 10/15/2818 $249 Op 1 62842 $249. DO Dear Property Owner: This is to notify you that the City Council will be considering a resolution on April 23, 2019 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. The City Council meeting begins at 7:00 pm and is held at Harvat Hall, City Hall, 410 E. Washington St., Iowa City, Iowa. If you want to challenge the assessment, you are advised to come to the City Council meeting. You may also submit a letter or email to the City Council. The mailing address is: City Council, % City Clerk, 410 E. Washington St., Iowa City, IA 52240 and the email address is council(0)_iowa-citV.orq Please note that all communication with City Council is a public record. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerk's office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at 356-5041. Sincerely, Kellie Fruehling City Clerk Enc. Copy to: Accounting Division-w/enc. EXHIBIT B k rIII � CITY OF IOWA CITY 410 East Washington Street Iona City, lona 52240-1826 April 16, 2019 (3 19) 356-5000 (319) 356-5009 FAX wnw.Icgov.org «Property_Owner» uMailing_Address» «City», (<State)> aZIP» Dear Property Owner: This is to notify you that the City Council will be considering a resolution on April 23, 2019 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. The City Council meeting begins at 7:00 pm and is held at Harvat Hall, City Hall, 410 E. Washington St., Iowa City, Iowa. If you want to challenge the assessment, you are advised to come to the City Council meeting. You may also submit a letter or email to the City Council. The mailing address is: City Council, % City Clerk, 410 E. Washington St., Iowa City, IA 52240 and the email address is council(0)_iowa-citV.orq Please note that all communication with City Council is a public record. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerk's office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at 356-5041. Sincerely, Kellie Fruehling City Clerk Enc. Copy to: Accounting Division-w/enc. EF_H A 31 GAYN CT WN CAE SUBDMSION PART 4 LOT 1% IUQW05j $ 165,220.00 I NODSON, CAMUS W JSidewalk Repair 1 10/16120181 $ 329.00 1 628591 329.00 NCDWGA L, ALEXANDRAM 2234 PS EN VIEW M CAE SUBDM ON PART 3 LOT V 1017386006 $ 191,020.00 TEWORD, ROBERT Q Stlewalk Repel 10/15/2018 $ 195.00 62829 $ 185.00 IOWA RIGMAL TOWN) 5450E W 80 320 N GOVCRNOR ST EN350'OVI' ? 1010184009 $ 198,860.00 YOUNG, CMDA StopB Repelr 9/13/2018 $ 1,040.00 61919 $ 1,040.00 21ELINSRI, LEONARD 3 935 E6 ON Si PENNY 9RVN A00[RON PART 1 T 1017428008 $ 256,760.00 IMMW, 3U¢E A Sidewalk R wk 10/15/2018 $ 249.00 842 $ 249.00 -4-Li5 EXH BIT 31 GRYN Cf CI F IOWA CITY ASSESSMENT SCHEDULE OF UNPAID WEED REMOVAL, SIDEWALK REPAIR, SNOW REMOVAL, STOP BOX REPAIR, AND PROPERTY CLEANUP 1020206W5 $ 165,220.00 HODSON, CASSIUS W SYkwelk Rep�r SO/Ib/2018 $ Property Address Legal Description Parcel Number Appraised Value lProperty Owner Service(s) Rendered Date of Service(s) Coat of Service lnvnicn #1 Balance Outstandin 31 GRYN Cf TY'N C4E 9 BOMRM PAR14 LOT 1 1020206W5 $ 165,220.00 HODSON, CASSIUS W SYkwelk Rep�r SO/Ib/2018 $ 329.00 62859 $ .00 2234 PIAB4 VIEW M TNN f S=IVISiON PPM 3 LOT 12 1017386006 $ MO]DWAU, ALEXANDM M 191,020.00 , RDEERTQ SYJewaex Reroir 10115(2018 $ IB5.00 62829 $ 185.00 2165 PLAB4 VIEW OR TY'N f SUBDIVISION PART 3 LOT 68 142k04010 $ 145,100.00 BESAR, MARQA Sklewata Repair 10{15(2018 $ 249.00 62838 $ 249.00 320 N GOVEl" Sr IOWA C[TY (ORIGINAL TOWN) 5 45 OF W 80' OF N 159 OUTLOF 7 10101840 198,860.00 YOUNG, CHAD A Stop Jinx Repair 9/13/2018 $ 1,040.00 61979 1,040.00 935E53RC61Sr PENNY BRYN AUDITION - PART 11AT7 101]428008 $ ME -BIW, LEONARD) 25, .00 ZIEUN510, JULIE A 51clewaN Inpalr 10(15/2018 $ 249.0) 42 $ 249.00