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2019-12-03 Resolution
Item Number: 6.a. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT December 3, 2019 Resolution Naming Depositories. Prepared By: Brian Cover, Senior Accountant Reviewed By: Dennis Bockenstedt, Finance Director Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The City of Iowa City maintains a list of financial institutions authorized to be depositories of the city's funds. The list that is on file needs to be updated to reflect changes that have occurred. Background /Analysis: The Bancorp and Alpine Bank are being added to accommodate the reimbursement of employee flexible benefit health care and dependent care expenses. The Bankers Trust maximum balance is being raised from $20,000,000 to $50,000,000 to accommodate increased investments. The resolution naming depositories being presented would update the list of financial institutions that the City of Iowa City maintains. ATTACHMENTS: Description Resolution Naming Depositories Prepared by: Dennis Bockenstedt, Finance 6irector, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 Resolution No. 19-278 Resolution Naming Depositories Now therefore, be it resolved by the city council of the City of Iowa City, Iowa that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Depository Name U.S. Bank N.A. MidWestOne Bank Hills Bank & Trust Co. West Bancorporation, Inc. Bank of the West Wells Fargo Bank, N.A. Green State Credit Union CBI Bank & Trust Farmers & Merchants Savings Bank Two Rivers Bank & Trust Cedar Rapids Bank & Trust Bankers Trust NXT Bank Hiawatha Bank & Trust Great Wester Bank Location of Home Office 800 Nicollet Mall Minneapolis, MN 55402 102 S Clinton St Iowa City, IA 52244-1700 131 Main St Hills, IA 52235 1601 22nd St., Suite 209 West Des Moines, IA 50266 P.O. Box 73850 Cedar Rapids, IA 52407-3850 666 Walnut St Des Moines, IA 50309 2355 Landon Road North Liberty, IA 52317 140 Holiday Rd Coralville, IA 52241 200 N Devoe Lone Tree, IA 52755 222 N Main St Burlington, IA 52601 201 1 st St SE Cedar Rapids, IA 52401 221 Third Ave SE Cedar Rapids, IA 52406 119 2nd St, Ste 100 Coralville, IA 52241 777 N Center Point Rd Hiawatha, IA 52233 225 South Main Ave Sioux Falls, SD 57104 Local Location 204 E Washington St Iowa City, IA 52240 Same 201 S Clinton St Iowa City, IA 52240 1910 Lower Muscatine Rd Iowa City, IA 52240 800 22nd Ave Coralville, IA 52241 103 E College St Iowa City, IA 52240 500 Iowa Ave Iowa City, IA 52244-2240 Same 2235 Mormon Trek Blvd Iowa City, IA 52246 3292 Ridgeway Dr, Ste A Coralville, IA 52241 Same Same Same Same 655 Community Dr North Liberty, IA 52317 le. 0, Maximum Balance Maximum Balance in effect under in effect under 100,000, 000.00 100,000,000.00 25,000,000.00 25,000,000.00 35,000,000.00 35,000,000.00 75,000,000.00 75,000,000.00 50,000,000.00 50,000,000.00 50,000,000.00 50,000,000.00 15,OOD, 000:00 15, 000,000.00 15,000,000.00 15,000,000.00 15, 000,000.00 15,000,000.00 50,000,000.00 50,000,000.00 20,000,000.00 50,000,000.00 10, 000, 000.00 10, 000, 000.00 2,000,000.00 2,000,000.00 100,000,000.00 100, 000,000.00 Resolution No. 19-278 Page 2 Regions Bank 8182 Maryland Ave, 11th Floor 510 A Ave Clayton, MO 63105 Vinton, IA 52349 The Bancorp 409 Silverside Rd, Ste 105 None Wilmington, DE 19809 Alpine Bank 2200 Grand Ave None Glenwood Springs, CO 81601 Passed and approved this 3rd day of Attest: City Cl rk 100,000,000.00 no E M December ,2019 Ma r: Aperrfved City Attorney's Office 100,000,000.00 1,000,000.00 1,000,000.00 Resolution No. 19-278 Page 3 It was moved by trims and seconded by Salih Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton the Item Number: 6.b. 1 CITY OF IOWA CITY ��.:. -dry in � at COUNCIL ACTION REPORT December 3, 2019 Resolution accepting the dedication of sanitary and storm sewer easements from the Iowa City Community School District over and across portions of Chautauqua Heights, Block 6, Iowa City, Iowa. Prepared By: Sara Greenwood Hektoen, Assistant City Attorney Reviewed By: Josh Slattery, Senior Civil Engineer Geoff Fruin, City Manager Fiscal Impact: No Impact Recommendations: Staff: Approval Commission: N/A Attachments: Storm Sewer plat Sanitary Sewer plat Resolution Executive Summary: During the course of reviewing construction plans for the Lincoln Elementary School Renovation and Addition project, it became apparent that a sanitary sewer and storm sewer easement were necessary to memorialize the existing sewer locations and a realigned storm sewer. This resolution approves the dedication of such easements. Background /Analysis: ATTACHMENTS: Description Storm Sewer plat Sanitary Sewer plat Resolution PREPARED BY AND RETURN T0: MMS CONSULTANTS: INC. 1917 S. GWERT ST. IOWA CITY, IOWA 52240 (319)351-8282 CHAUTAUQUA HEIGHTS BLOCK 6 LOT 22 S89'31'04"E 18.31' PERMANENT STORM SEWER EASEMENT PLAT CHAUTAUQUA HEIGHTS BLOCK 6 IOWA CITY, JOHNSON COUNTY, IOWA EASEMENT DESCRIPTION: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 6, CHAUTAUQUA HEIGHTS, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, AT PAGE 124 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N89'31'04"W, ALONG THE NORTH LINE OF SAID BLOCK 6, A DISTANCE OF 175.92 FEET TO THE POINT OF BEGINNING; THENCE 534'31'55"E, 33.16 FEET, THENCE S73'53'30"E, 154.40 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK 6; THENCE S07'17'06"W, ALONG SAID EAST LINE OF BLOCK 6, A DISTANCE OF 15.18 FEET; THENCE N7353'30"W, 92.17 FEET, THENCE S09'37'42"E, 77.42 FEET, THENCE S74'06'52"E, 69.33 FEET, TO A POINT ON SAID EAST LINE OF BLOCK 6; THENCE S07'17'06"W, ALONG SAID EAST LINE OF BLOCK 6, A DISTANCE OF 15.17 FEET; THENCE N74'06'52"W, 68.72 FEET, THENCE S15'17'01"W, 146.63 FEET TO A POINT ON THE SOUTH UNE OF LOT 10, OF SAID BLOCK 6; THENCE N82'21'23"W, ALONG SAID SOUTH LINE OF LOT 10, BLOCK 6, A DISTANCE OF 15.35 FEET, THENCE N19'55'29"E, 8.95 FEET, THENCE N15'04130"E, 145.66 FEET, THENCE N0937'42"W, 87.74 FEET; THENCE N73'53'30"W, 53.28 FEET; THENCE N34'31'55"W, 49.03 FEET TO A POINT ON SAID NORTH UNE OF BLOCK 6; THENCE S89'31'04"E, ALONG SAID NORTH LINE OF BLOCK 6, A DISTANCE OF 18.31 FEET TO THE POINT OF BEGINNING, CONTAINING 0.17 ACRE (7,591 SF) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. RIVER STREET \ \ 534'31'55'E N89'31'04"W 175.92' 41�\�19 �\ 33.16'POINT OF BEGINNING �s\0`�' \ \ \ LOT 15 PERMANENT STORM 373• EASEMENT -� X330" 0.17 AC /V73:1— � x.28, ---40' 7,591 SF 3 53,30,z- 1 I \\ \ I5 00 N N73S3 I \ coo• 30„w \ w LOT 14 92.1 7' \to too LOT 13 \ F \ ` I \\-:S74-06'52 f s 72. LOT 12 r\ _ N74 0652 If /4 / LOT 11 L01 �s POINT OF COMMENCEMENT NE CORNER, BLOCK 6 F- C� W W J 0 FW - Q I U S07'1 7'06"W 15.18' S07'17'0611W 15.17' -_- _---_-1 l� M LOT 10 / CHAUTAUQUA N1 9'55'29"E / / HEIGHTS BLOCK 6 L�1 8.95' 9 BLK 6 - N82 21233-W 7=I I � 0 4 10 20 30 40 GRAPHIC SCALE IN FEET 1"=40' OD1IIIOO D LOCATION: A PORTION OF BLOCK 6, CHAUTAUQUA HEIGHTS LOCATED IN THE SE 1/4 NW 1/4 OF SEC. 9-T79N-R6W OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA LAND SURVEYOR, INCLUDING FIRM OR ORGANIZATION: RICHARD R. NOWOTNY P.L.S MMS CONSULTANTS INC. 1917 SOUTH GILBERT STREET IOWA CITY, IOWA, 52240 PHONE: 319-351-8282 SURVEY REQUESTED BY: IOWA CITY COMMUNITY SCHOOL DISTRICT PROPRIETOR OR OWNER: IOWA CITY COMMUNITY SCHOOL DISTRICT DOCUMENT RETURN INFORMATION: LAND SURVEYOR LEGEND AND NOTES SEA M M S CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net Date 7151on PERMANENT STORM SEWER EASEMENT PLAT A PORTION OF BLOCK 6, CHAUTAUQUA HEIGHTS LOCATED IN THE SE %4 NVV %4 OF SEC. 9-T79N-R6W OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. Date: 3-19-2018 Designed by: Field Book No: LCN Drawn by: 56a1e: JGO 1 "=40' Checked by Sheet No: RRN 1 Proje6t No: IC 10302-001 of: 1 - CONGRESSIONAL CORNER, FOUND ® -- CONGRESSIONAL CORNER, REESTABLISHED - CONGRESSIONAL CORNER, RECORDED LOCATION • - PROPERTY CORNER(S), FOUND (as noted) O - PROPERTY CORNERS SET (5/8” Iron Pin w/ yellow, plastic LS Cap embossed with "MMS" ) ® - CUT "X" - PROPERTY &/or BOUNDARY LINES - - - CONGRESSIONAL SECTION LINES — — — - RIGHT-OF-WAY LINES — - CENTER LINES - LOT LINES, INTERNAL My license renewal date is December 31, 20 J - LOT LINES, PLATTED OR BY DEED — — — — — — — — — — - EASEMENT LINES, WIDTH & PURPOSE NOTED ------ EXISTING EASEMENT LINES, PURPOSE NOTED (R)-------- - RECORDED DIMENSIONS - MEASURED DIMENSIONS C22)1 - CURVE SEGMENT NUMBER UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS SEA M M S CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net Date 7151on PERMANENT STORM SEWER EASEMENT PLAT A PORTION OF BLOCK 6, CHAUTAUQUA HEIGHTS LOCATED IN THE SE %4 NVV %4 OF SEC. 9-T79N-R6W OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. Date: 3-19-2018 Designed by: Field Book No: LCN Drawn by: 56a1e: JGO 1 "=40' Checked by Sheet No: RRN 1 Proje6t No: IC 10302-001 of: 1 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and a 1 am a duly licensed Professional Land Surveyor er the law o./e State Iowa. -of �����o����S1S10Nq��////�//���iii�� \\gip Oc 20 RICHARD R. NOWOTNY _y;' RICHARD =Z= R. =m- P.L.S. Iowa Lic. No. 17916 NOWOTNY ;5 J �� My license renewal date is December 31, 20 J 17916 IWIIAI Pages or sheets covered by this seal: SEA M M S CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net Date 7151on PERMANENT STORM SEWER EASEMENT PLAT A PORTION OF BLOCK 6, CHAUTAUQUA HEIGHTS LOCATED IN THE SE %4 NVV %4 OF SEC. 9-T79N-R6W OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. Date: 3-19-2018 Designed by: Field Book No: LCN Drawn by: 56a1e: JGO 1 "=40' Checked by Sheet No: RRN 1 Proje6t No: IC 10302-001 of: 1 PREPARED BY AND RETURN TO: MMS CONSULTANTS; INC 1917 S GUMT ST. IOWA CITY, IOWA 52240 (319)351-8282 CHAUTAUQUA HEIGHTS BLOCK 6 LOT 22 LOT 21 C)�� LOT 20 N82'11'14"W 19.00' L01 1s L01 1"I PERMANENT STORM SEWER EASEMENT PLAT CHAUTAUQUA HEIGHTS BLOCK 6 IOWA CITY, JOHNSON COUNTY, IOWA EASEMENT DESCRIPTION: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 6, CHAUTAUQUA HEIGHTS, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, AT PAGE 124 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N89'31'04"W, ALONG THE NORTH LINE OF SAID BLOCK 6, A DISTANCE OF 147.09 FEET, THENCE S07'48'46"W, 51.27 FEET TO THE POINT OF BEGINNING, THENCE 522'21'20"E, 89.55 FEET; THENCE S07 -48'46"W, 16.50 FEET; THENCE S82'11'14"E, 9.59 FEET; THENCE S22'21'20"E, 15.06 FEET; THENCE S15'04'30"W, 41.47 FEET; THENCE N82'11'14"W, 37.91 FEET, THENCE N07'48'46"E, 7.11 FEET; THENCE N82'11'14"W, 19.00 FEET; THENCE N07'48'46"E, 140.96 FEET TO THE POINT OF BEGINNING, CONTAINING 0.13 ACRE (5,558 SF) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. N89'31'04"W 147.09' \ \� \ S07'48'46"W LOT 15 51.27' \ \ \ POINT OF BEGINNING r r �N LOT 14 \ I ,91\x. \� wl LOT 13 ter'^ - CONGRESSIONAL CORNER, FOUND z� - CONGRESSIONAL CORNER, REESTABLISHED I r PERMANENT -4� STORM - PROPERTY CORNER(S), FOUND (as noted) r SEWER - PROPERTY CORNERS SET I EASEMENT (5/8" Iron Pin w/ yellow, plastic LS Cap r 0.13 AC embossed with "MMS" ) r 5,558 SF - CUT "X" j'RICHARD =�+= _v� - PROPERTY &/or BOUNDARY LINES N07'48'46"E N82'11'14'W 7.11' 37.91' 9 BLOCK 6 LOT 10 S07'48'46"W 16.50' L S82'11'14"E 9.59' LOT 12 / 322'21'20"E 15.06' / '--tS15-04'30"W 41.47' / LOT 11 / / CHAUTAUQUA HEIGHTS BLOCK 6 W w a U) REW J f- U W POINT OF COMMENCEMENT NE CORNER, BLOCK 6 0 4 10 20 30 40 GRAF`H1C SCALE IN FEET 1"=40' / (0 IJ 1rO o LOCATION: A PORTION OF BLOCK 6, CHAUTAUQUA HEIGHTS LOCATED IN THE SE 1/4 NW 1/4 OF SEC. 9-T79N-R6W OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA LAND SURVEYOR, INCLUDING FIRM OR ORGANIZATION: RICHARD R. NOWOTNY P.L.S MMS CONSULTANTS INC. 1917 SOUTH GILBERT STREET IOWA CITY, IOWA, 52240 PHONE: 319-351-8282 SURVEY REQUESTED BY: IOWA CITY COMMUNITY SCHOOL DISTRICT PROPRIETOR OR OWNER: IOWA CITY COMMUNITY SCHOOL DISTRICT DOCUMENT RETURN INFORMATION: LAND SURVEYOR LEGEND AND NOTES UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS - CONGRESSIONAL CORNER, FOUND ® - CONGRESSIONAL CORNER, REESTABLISHED - CONGRESSIONAL CORNER, RECORDED LOCATION • - PROPERTY CORNER(S), FOUND (as noted) O - PROPERTY CORNERS SET sIS10NA i�oi�� (5/8" Iron Pin w/ yellow, plastic LS Cap embossed with "MMS" ) ® - CUT "X" j'RICHARD =�+= _v� - PROPERTY &/or BOUNDARY LINES - - - CONGRESSIONAL SECTION LINES — — — - RIGHT-OF-WAY LINES — - CENTER LINES - LOT LINES, INTERNAL - LOT LINES, PLATTED OR BY DEED — — — — — — — — — — - EASEMENT LINES, WIDTH & PURPOSE NOTED - - - - - - - - - - - - - - - - EXISTING EASEMENT LINES, PURPOSE NOTED (R) - RECORDED DIMENSIONS MEASURED DIMENSIONS C22)1 - CURVE SEGMENT NUMBER UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS SEAL M M s CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net Date I Rev15lon PERMANENT STORM SEWER EASEMENT PLAT A PORTION OF BLOCK 6, CHAUTAUQUA HEIGHTS LOCATED IN THE SE %4 NW %4 OF SEC. 9-T79N- R6W OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. Date: 3-19-2018 Designed by: Field Book No: LCN Drawn by: Scale: Checked IdRN Sheet No: RProject No: IC 10302 - of: 1 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Professional Land Surveyor under the la the State of Iowa. sIS10NA i�oi�� \�o�ao� @� j'RICHARD =�+= _v� 20— RICHARD R. NO TNY =Z' R. =m= _ -w; P.L.S. Iowa Lic. No. 17916 =U= =�_ J NOWOTNY ;ao\ My license renewal date is December 31, 20 � `� 17916 ,IOWA �������///IIIIIIIIIIIIIIIIINII������ Pages or sheets covered by this seal: SEAL M M s CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net Date I Rev15lon PERMANENT STORM SEWER EASEMENT PLAT A PORTION OF BLOCK 6, CHAUTAUQUA HEIGHTS LOCATED IN THE SE %4 NW %4 OF SEC. 9-T79N- R6W OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. Date: 3-19-2018 Designed by: Field Book No: LCN Drawn by: Scale: Checked IdRN Sheet No: RProject No: IC 10302 - of: 1 PERMANENT SANITARY SEWER EASEMENT PLAT CHAUTAUQUA HEIGHTS BLOCK 6 IOWA CITY, JOHNSON COUNTY, IOWA EASEMENT DESCRIPTION: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 6, CHAUTAUQUA HEIGHTS, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, AT PAGE 124 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N89'31'04"W, ALONG THE NORTH LINE OF SAID BLOCK 6, A DISTANCE OF 153.35 FEET TO THE POINT OF BEGINNING; THENCE S22'21'20"E, 182.75 FEET; THENCE S82'35'12"E, 61.89 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK 6; THENCE S07'17'06"W, ALONG SAID EAST LINE OF BLOCK 6, A DISTANCE OF 20.00 FEET; THENCE N82'35'12"W, 58.50 FEET; THENCE S11'59'40"W, 108.30 FEET TO A POINT ON THE SOUTH LINE OF LOT 10, OF SAID BLOCK 6; THENCE N82'21'23"W, ALONG SAID SOUTH LINE OF LOT 10 OF BLOCK 6, A DISTANCE OF 20.06 FEET, THENCE N11'59'40"E, 115.96 FEET; THENCE N22'21'20"W, 191.83 FEET, THENCE N39'36'26"W, 2.48 FEET, TO A POINT ON SAID NORTH LINE OF BLOCK 6; THENCE 589'31'04"E, ALONG SAID NORTH LINE OF BLOCK 6, A DISTANCE OF 22.50 FEET TO THE POINT OF BEGINNING; CONTAINING 0.17 ACRE (7,395 SF) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. -PREPARED BY AND RETURN TO: AIMS CONSULTANTS; INC. 1917 S. GUERT ST. IOWA aTy, IOWA 52240 (319)351-8282 \ S89'31'04"E MWER STREET r-22.50' N39'36'26"W 2.48' CHAUTAUQUA HEIGHTS BLOCK 6 LOT 22 N89'31'04"W 153.35' \\ \ POINT OF BEGINNING \ VA LOT 15 \ \ \ POINT OF COMMENCEMENT \ NE CORNER, BLOCK 6 CP .? LOT 14 PERMANENT- SANITARY ERMANEI T I \ SANITARY I SEWER \\ II LOT 13 0.17 EASEMENT — 7,395 SF V \ LOT 12 / / S82*,35'12"E / \ / 61.89' 3 1 / a CO 58.50' o N82.35'1 `� / ► 2"W _-7 I�lo.Oo, LOT 11 / W' / / v -/ Co J3 rn 1 z; M LOT 10 CHAUTAUQUA / HEIGHTS BLOCK 6 CHAUTAU / BLOCK 6 QUA HEIGHTS LOT 9 20.06' I N82'21'23"W \_01 �s E I � C 4 10 20 30 40 GRAPHIC SCALE IN FEET 111=40' LOCATION: A PORTION OF BLOCK 6, CHAUTAUQUA HEIGHTS LOCATED IN THE SE Y4 NW Y4 OF SEC. 9-T79N-R6W OF THE 5TH P.M. CITY OF IOWA CITY, JOHNSON COUNTY, IOWA LAND SURVEYOR, INCLUDING FIRM OR ORGANIZATION: RICHARD R. NOWOTNY P.L.S MMS CONSULTANTS INC. 1917 SOUTH GILBERT STREET IOWA CITY, IOWA, 52240 PHONE: 319-351-8282 SURVEY REQUESTED BY: IOWA CITY COMMUNITY SCHOOL DISTRICT PROPRIETOR OR OWNER: IOWA CITY COMMUNITY SCHOOL DISTRICT DOCUMENT RETURN INFORMATION: LAND SURVEYOR LEGEND AND NOTES UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS - CONGRESSIONAL CORNER, FOUND ® - CONGRESSIONAL CORNER, REESTABLISHED - CONGRESSIONAL CORNER, RECORDED LOCATION • - PROPERTY CORNER(S), FOUND (as noted) O - PROPERTY CORNERS SET ���������IIISISIONglllll��//iiiiii (5/8" Iron Pin w/ yellow, plastic LS Cap embossed with "MMS" ) ® - CUT "X" RICHARD - PROPERTY &/or BOUNDARY LINES - - - CONGRESSIONAL SEC11ON LINES — — — - RIGHT-OF-WAY LINES — - CENTER LINES - LOT LINES, INTERNAL - LOT LINES, PLATTED OR BY DEED — — — — — — — — — — - EASEMENT LINES, WIDTH & PURPOSE NOTED - - - - - - - - - - - - - EXISTING EASEMENT LINES, PURPOSE NOTED (R) (M - RECORDED DIMENSIONS )- - MEASURED DIMENSIONS C22-1 - CURVE SEGMENT NUMBER UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS SEAL M M SJ CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net Date I Revi5lon PERMANENT SANITARY SEWER EASEMENT PLAT A PORTION OF BLOCK 6, CHAUTAUQUA HEIGHTS LOCATED IN THE SE 1/4 NW 1/4 OF SEC. 9-T79N- R6W OF THE 5TH P.M. CITY OF IOWA CITY, JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. Date: 3-19-2018 Da51gned by: Field Book No: LCN Drawn by: Scale: Checked by Sheet No: RRN 1 Project No: IC 10302-001 of: 1 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Professional Land Surveyor under th71f the State of Iowa. ���������IIISISIONglllll��//iiiiii 4QQpF,,, q/O�//� I i,��z RICHARD RICHARD R. NOWOTN _.__ 20 i� =Z' R. _ m- _W= P.L.S. Iowa Lic. No. 17916 NOWOTNY = o_ My license renewal date is December 31, 20 ; a\ Weis /%//i//i�i�i�i�ili/i�lll�ll I IOI Illllll IIAIIIIIIIII�I��000\\\\\\ Pages or sheets covered by this seal: SEAL M M SJ CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsultants.net Date I Revi5lon PERMANENT SANITARY SEWER EASEMENT PLAT A PORTION OF BLOCK 6, CHAUTAUQUA HEIGHTS LOCATED IN THE SE 1/4 NW 1/4 OF SEC. 9-T79N- R6W OF THE 5TH P.M. CITY OF IOWA CITY, JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. Date: 3-19-2018 Da51gned by: Field Book No: LCN Drawn by: Scale: Checked by Sheet No: RRN 1 Project No: IC 10302-001 of: 1 M Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. 19-279 Resolution accepting the dedication of sanitary and storm sewer easements from the Iowa City Community School District over and across portions of Chautauqua Heights, Block 6, Iowa City, Iowa. Whereas, the City has sanitary and storm sewers that run through portions of the Lincoln Elementary School real estate legally described as Chautauqua Heights, Block 6, Iowa City, Iowa, owned by the Iowa City Community School District ("Owner"); Whereas, Owner recently completed the Lincoln Elementary School Renovation and Addition Project, which necessitated a portion of the storm sewer be removed and replaced in a new alignment; Whereas, during Staff review of construction plans for the Project, it was discovered that easements were needed for the City's existing sanitary and storm sewers, and the realigned storm sewer; Whereas, Owner has agreed to dedicate the necessary easements to the City and enter into agreements for the same; and Whereas, it is in the public interest to accept the dedication of said easements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Acceptance of the above -referenced sanitary and storm easements, in forms approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said easements and to record the same at Owners' expense. Passed and approved this 3rd day of De ember 619. Ma or by Resolution No. 19-279 Page 2 It was moved by Mims and seconded by Salih Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.c. 1 CITY OF IOWA CITY ��.:. -dry in � at COUNCIL ACTION REPORT December 3, 2019 Resolution rescinding Resolution No. 17-198 and adopting updated Personnel Policies. Prepared By: Karen Jennings, Human Resources Administrator Reviewed By: Geoff Fruin, City Manager Ashley Monroe, Assistant City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: Attachments: Memo Resolution Personnel Policies Executive Summary: The City's Personnel Polices have recently been reviewed and updated. The revised Personnel Policies are now being presented for adoption by the City Council. Background /Analysis: The City's Personnel Policies have been subject to a recent comprehensive review and update process. Draft policy revisions have been shared with Department Directors, the City Attorney's Office and City Manager's Office for feedback and further revision. The Personnel Policies have been updated in their entirety and include the following key changes: • Overall reorganization and update • Workplace Violence Prevention Section updated and will replace existing standalone program document. • Firearms in the Workplace Policy added and will replace existing Administrative Regulation on Firearms in the Workplace • Employee Conduct and Ethical Standards of Behavior requirements added • Appearance and grooming provision updated • Scented products item added • Whistleblower Policy and State Ombudsman Office policy added and will replace existing Administrative Regulation • Substance Abuse Policy Section added and will replace existing standalone policy • License, Certification, and Insurability Requirements process for mandatory reporting of driving violation for CDL employees updated Staff recommends that City Council approve the Resolution rescinding the Personnel Policies established by Resolution 17-198 and adopting the Personnel Policies as updated in November 2019. ATTACHMENTS: Description Memo Resolution Personnel Policies � r ®,.TO CITY O F IOWA C1TY MEMORANDUM Date: November 25, 2019 To: City Council From: Karen Jennings, Human Resources Administrator Re: Revised Personnel Policies As the City Attorney noted at your November 19, 2019 meeting, staff recommends removal of Section 7.8 (Employee Response to Firearms) from the revised Personnel Policies. An updated version of the Personnel Policies reflecting this change and resulting renumbering being recommended for City Council adoption is attached. The City Manager has forwarded the current and proposed versions of the Personnel Policies to AFSCME and has offered to meet and discuss the changes if desired. As of the date of this memo we have not received any feedback from AFSCME. Deferred to 12/17/19 (Q,G Prepared by: Karen Jennings, Human Resources Administrator, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5025 Resolution No. Resolution rescinding Resolution No. 17-198 and adopting updated Personnel Policies Whereas, Section 1-6-1 of the City Code provides that personnel procedures, rules, and regulations for the employees of the City shall be established by resolution of the City Council; and Whereas, Resolution No. 17-198, adopted by the City Council on June 20, 2017 established the existing Personnel Policies; and Whereas, the Personnel Policies have been reviewed by staff and updated with regard to best practices and legislative updates, to streamline policy documents by incorporating other existing standalone policies, and to better communicate organizational expectations. Now therefore be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The 2017 Personnel Policies established by Resolution No. 17-198 are hereby rescinded. 2. The Personnel Policies attached to this resolution and by this reference made part hereof are hereby established and adopted. Passed and approved this day of Mayor Attest: City Clerk It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: 20 Approve by Attorn Office the Resolution be ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton City of Iowa City �r Mon I �6i CITY OF IOWA CITY UNESCO CITY OF LITERATURE Personnel Policies Revised November 2019 Approved by Resolution of City Council: Resolution No. 19-_ on December 3, 2019 This policy manual is not intended to create any contractual rights in favor of you or the City of Iowa City. The City reserves the right, at any time, to amend, delete, revise, or add to any provision in its sole discretion. Personnel Policies Rev. November 2019 TABLE OF CONTENTS Section1 Introduction...............................................................................................................1 Section 2 Administration...........................................................................................................1 Section 3 Equal Employment Opportunity................................................................................1 Section4 Labor Relations........................................................................................................2 Section 5 Civil Service Coverage.............................................................................................2 5.1 Rights and Benefits 5.2 Appeal Rights Section 6 Harassment and Discrimination................................................................................3 6.1 Harassment 6.2 Sexual Harassment 6.3 Discrimination 6.4 Complaint Procedure 6.5 Confidentiality 6.6 Retaliation 6.7 Consequences of Harassment 6.8 Duty to Prevent and Report Section 7 Workplace Violence Prevention................................................................................5 7.1 Policy 7.2 Definition 7.3 Employee Responsibilities 7.4 Investigation and Follow -Up 7.5 Confidentiality and Retaliation 7.6 Post -incident Responses 7.7 Violent Situations Outside the Workplace 7.8 Workplace Security Suggestions and Recommendations Section 8 Employee Relations and Conduct............................................................................7 8.1 Employee Conduct and Ethical Standards of Behavior a. Impartiality b. Use of Information c. Use of City Resources d. Gifts e. Employment Conflicts f. Political Activity 8.2 Discipline 8.3 Weapons 8.4 Appearance -Grooming 8.5 Scented products 8.6 Personal Activities 8.7 Supplemental Employment 8.8 Religious Holidays 8.9 Education 8.10 Medication/Work Restriction Notification 8.11 Breastfeeding Breaks 8.12 Criminal Convictions Personnel Policies Rev. November 2019 Section 9 Whistleblower Policy & State Ombudsman's Office...............................................13 9.1 Definition of Improper Governmental Action 9.2 Complaint Procedure 9.3 Retaliation Prohibited 9.4 State Ombudsman's Office Section 10 Employee Assistance Program..............................................................................14 Section 11 Substance Abuse Policy.........................................................................................15 11.1 Policy 11.2 Purpose 11.3 Applicability 11.4 Prohibited Substances/Behaviors a. Illegally Used Controlled Substances or Drugs b. Misuse/Abuse of Legal Drugs c. Alcohol 11.5 Prohibited Conduct a. Manufacture, Trafficking, Possession, and Use b. Alcohol Use c. Treatment d. Notifying the City of Criminal Drug Conviction 11.6 Proper Application of the Policy 11.7 Testing Procedures a. Pre -Employment Drug Testing b. Unfit for Duty/Impaired c. Reasonable Suspicion Testing d. Post -Accident Testing e. Refuse to Test 11.8 Consequences for Policy Violations a. Positive Test Results b. Second Positive Test Results c. Refusal Consequences d. Follow -Up e. Invalid Drug Tests f. Violations Section 12 License, Certification, and Insurability Requirements.............................................20 12.1 Maintaining a Valid License 12.2 CDL Notification Requirements 12.3 Insurability Section13 Personnel Transactions..........................................................................................22 13.1 Personnel Files 13.2. Medical Files 13.3 Public Information 13.4 Job Description 13.5 Position Classification 13.6 Fair Labor Standards Act (FLSA) Classification 13.7 Employment of Relatives a. Management Conflict b. Chain of Command Conflict 13.8 Termination of Employment a. Resignation b. Retirement c. Benefits Termination Personnel Policies Rev. November 2019 d. Exit Interviews Section14 Safety....................................................................................................................25 Personnel Policies Rev. November 2019 Section 1: Introduction The purpose of this document is to set forth the policies by which personnel -related decisions, made by either supervisor or employee, are to be guided and to express mutual expectations for conduct in the workplace. The City's ability to manage and provide public services with efficiency and effectiveness is dependent upon the capability and performance of its employees. The City strives to provide a positive working environment which promotes and supports diversity and inclusivity, professional development, open communication, and sensitivity to employee needs. Section 2: Administration These policies generally cover all City employees. However, not all provisions may apply to variable hour and seasonal staff. Iowa City Public Library employees are subject to Personnel Policies as approved by the Library Board of Trustees. These policies work to ensure decisions will be made consistently and in accordance with overall City goals regarding employee relations. Questions of policy interpretation should be addressed to Human Resources. The City Manager or their designee shall be responsible for final interpretation and application of these policies. The principles expressed herein will be used as a guide regarding issues not specifically addressed in these policies. This document should be read in conjunction with negotiated labor contracts, administrative regulations, and operating policies and procedures published by Human Resources and other City departments. Upon initial appointment to a budgeted position, all employees of the City shall be furnished a copy of these policies. Any substantive changes or amendments shall be posted to the City's website. Employees will be notified that updated policies are available online and hardcopies will be provided upon request. Section 3: Equal Employment Opportunity It is the policy of the City of Iowa City to prohibit discrimination and harassment of any type and to afford equal employment opportunities for all employees or applicants without regard to race, creed, color, sex, national origin, religion, age, sexual orientation, gender identity, marital status, mental or physical disability, genetic information, veteran status, or other class/category protected by federal, state, or local law, except where age, sex, or physical ability constitute a bona fide occupational qualification necessary for job performance. This extends to all areas of personnel administration including but not limited to recruitment, employment, promotion, transfer, training, working conditions, wages, benefits, and application of personnel policies, and shall be consistent with all protections afforded by applicable federal, state and local law. No personnel decision, action, term, condition or privilege of employment shall be unlawfully influenced in any manner by consideration of an individual's membership in a protected class. It is the goal of the City of Iowa City to ensure equitable and non-discriminatory treatment of all applicants and employees, to remove barriers to employment for underrepresented populations and to achieve a diverse and inclusive work force that reflects the diversity within our Personnel Policies Page 1 Rev. November 2019 community. The City of Iowa City shall also encourage or require equal employment opportunity efforts from vendors, contractors, consultants, and firms with which the City does business. The City will use recruitment and selection practices that support this policy by displaying required equal employment opportunity posters in areas visible to employees and by identifying the City as an Equal Opportunity Employer on its job advertisements, postings, self-service employment opportunities site and online application form, website, and other recruitment sources. The City will make efforts to inform individuals from historically disadvantaged populations of both employment opportunities and the City's hiring process through targeted distribution of job postings, general recruitment and hiring information and events such as job fairs. The City will also periodically review its outreach efforts and recruitment, hiring, and selection procedures, adjusting as appropriate to ensure best practices to promote diversity and reduce implicit bias are being implemented and used as appropriate and feasible. City personnel who have responsibility for selection and hiring shall be trained in and held responsible for using legal interviewing and selection techniques and criteria. Section 4: Labor Relations The City recognizes its duty to bargain collectively with employee organizations certified by the Public Employment Relations Board, as provided by state law. Pursuant to this requirement, the duties, obligations, and rights of the City and each certified employee organization are set forth in the collective bargaining agreements mutually entered into by the City and the employee organization. Please refer to the appropriate collective bargaining agreement for specific details. Section 5: Civil Service Coverage The rules and regulations as set forth in Chapter 400 of the Code of Iowa shall apply to all permanent positions within the employment of the City of Iowa City with the exception of the positions of: City Manager, Assistant City Manager, the Directors of Finance, Public Works, Neighborhood and Development Services, Parks and Recreation, Transportation Services, and the Directors of any other city department as may be created; Police Chief*, Fire Chief*; Human Resources Administrator; City Attorney; Assistant City Attorneys; Human Rights Coordinator/Equity Director; City Clerk, Deputy City Clerk; all Division Heads; Assistants to the City Manager; Secretaries to the Department Directors; employees of the Library Board or Airport Commission; and any other positions specifically excluded by the Code of Iowa. *The positions of Police Chief and Fire Chief shall receive the benefits of the Iowa Civil Service Act for selection purposes and Civil Service status under Iowa Code Sections 400.13 and 400.14. 5.1 Rights and Benefits Applicants for entry level or promotional civil service positions will be tested through impartial Personnel Policies Page 2 Rev. November 2019 examinations which fairly test each applicant's ability to perform in the position. Examinations may consist of review of application materials, oral interviews, and/or written, practical, or physical agility examinations as are appropriate to the position. 5.2 Appeal Rights Following completion of probation, an employee covered by Civil Service who is removed, discharged, demoted, or suspended may appeal the disciplinary action to the Civil Service Commission, and will be entitled to a hearing before the Civil Service Commission. Appeals must be filed with the Clerk of the Commission (City Clerk) within 14 calendar days after the removal, discharge, demotion, or suspension. Section 6: Harassment and Discrimination The City of Iowa City is committed to providing a work environment in which people are treated with dignity, decency, and respect, and which is free of harassment and unlawful discrimination. 6.1 Harassment Harassment may take many forms, including behaviors that are overt or subtle. Harassment may occur between or among members of the same or opposite sex or gender identity, employees and the public, contractors or vendors, co-workers, or subordinates and supervisors. Harassing behavior of any nature can have the effect of creating a hostile or offensive work environment and is prohibited. This can include conduct occurring outside of the workplace which has an impact on the work environment For the purposes of this policy, harassment is any verbal or physical conduct that threatens, intimidates, demeans, humiliates, or coerces an employee or any person working for or on behalf of the City. Verbal taunting that impairs an individual's ability to perform their job is included in the definition of harassment. Harassment may take the form of, but is not limited to: • Comments that are offensive or unwelcome regarding a person's race, creed, color, sex, national origin, religion, age, sexual orientation, gender identity, marital status, mental or physical disability, genetic information, veteran status, or other class/category protected by federal, state, or local law, body, or appearance including epithets, slurs, and negative stereotyping. • Abusive and offensive language, insults, teasing, name-calling, spreading rumor and innuendo, unreasonable criticism, isolating people from normal work interaction, excessive demands, and practical jokes. 6.2 Sexual Harassment Sexual harassment is defined as unwelcome conduct that affects terms or conditions of employment or creates an intimidating, hostile, or offensive work environments. Such harassment is prohibited for all employees, regardless of status, including supervisors, subordinates, administrators, and co-workers. No employee, regardless of gender identity, should be subjected to such conduct. Sexual harassment may also occur between same Personnel Policies Page 3 Rev. November 2019 sex employees. Sexual harassment may take the form of, but is not limited to the following and may include more subtle actions: a. Deliberate or repeated unsolicited verbal comments, questions, representations, or physical conduct of a sexual nature that is unwelcome to the recipient. b. Making or threatening to make decisions affecting an employee's job on the basis of the acceptance or refusal of a request for sexual intimacy. c. Unwelcome sexually explicit, lewd, threatening or vulgar language, sexual jokes, innuendo, or propositions; suggestive comments; lewd gestures; requests for any type of sexual behavior (including repeated, unwelcome requests for dates); and verbal abuse or "kidding" that is oriented toward a prohibitive form of harassment, including that which is sexual in nature. d. Distribution, display or discussion or any written, electronic or graphic material, including calendars, posters, cartoons, that are sexually suggestive or show hostility toward an individual or group because of sex, suggestive or insulting sounds; leering, staring; whistling; content in letters and notes, facsimiles, e-mails, photos, text messages, Internet/social media postings; or other form of communication that is sexual in nature and offensive. e. Unwelcome, unwanted physical contact including touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing and fondling and forced sexual Intercourse or assault. 6.3 Discrimination It is a violation of City policy to discriminate in the provision of employment opportunities, benefits or privileges; to create discriminatory work conditions; or to use evaluative standards that discriminate, in whole or in part, based on a person's race, creed, color, sex, national origin, religion, age, sexual orientation, gender identity, marital status, mental or physical disability, genetic information, veteran status, or other class/category protected by federal, state, or local law. Discrimination of this kind may also be prohibited by federal, state, or local laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1975, and the Americans with Disabilities Act of 1990. This policy is intended to comply with these laws. 6.4 Complaint Procedure The City will thoroughly pursue and investigate complaints of harassment, discrimination, or denial of civil rights and appropriate action will be taken. Conduct which may be in violation this policy should be reported to the Human Resources Administrator, a department supervisor, or the City Attorney's office. Human Resources, the City Attorney's office, and/or other administrative staff as appropriate will investigate, including interviews of complainant, respondent, and witnesses as necessary. If an investigation determines that an employee has violated this policy, appropriate discipline will be issued. Personnel Policies Page 4 Rev. November 2019 6.5 Confidentiality Throughout the complaint process, the confidentiality of the information received, the privacy of the individuals involved, and the wishes of the complaining person will be protected to the extent possible, while allowing the City to meet its obligation to investigate such complaints. The expressed wishes of the complaining person for confidentiality will be considered in the context of the City's legal obligation to act on the complaint and the right of the respondent to obtain information. 6.6 Retaliation Retaliation against any person for filing or responding to a complaint either formally or informally, for participating in the complaint and investigation process, or for participating as a witness in an investigation is prohibited and will be considered a violation of this policy. Employees who believe they are being retaliated against in violation of this policy should follow the reporting process outlined in Section 6.4. The City will thoroughly investigate claims of retaliation. Any person who is found to have engaged in retaliation in violation of this policy will be subject to disciplinary action up to and including termination of employment. 6.7 Consequences of Harassment or Discrimination Harassment and discrimination is unacceptable conduct in any form, and can be the basis for a discrimination claim against the City and/or an individual employee. It is the City's position that every employee has the right to work in an environment free of any type of harassment or discrimination. Consequently, any employee who engages in prohibited conduct will be subject to disciplinary action, up to and including termination of employment. 6.8 Duty to Prevent and Report All employees have an affirmative duty to prevent harassment and discrimination in the workplace by supporting an environment that discourages harassment or discrimination of any kind and which promotes and supports diversity and inclusivity in the workplace and community. This includes reporting any conduct that may constitute harassment, discrimination, or denial of civil rights to a department supervisor, the Human Resources Administrator or the City Attorney's Office. Supervisors are required to forward all reports to Human Resources or the City Attorney's Office to ensure appropriate follow-up and investigation. Section 7: Workplace Violence Prevention 7.1 Policy Providing a safe and healthy work environment is essential to the City of Iowa City. Violence or the threat of violence by or against any City employee, or any other person, is prohibited. All reports of violence will be promptly investigated and appropriate action will be taken. 7.2 Definition The City defines workplace violence as any act of physical, verbal, written, or electronic Personnel Policies Page 5 Rev. November 2019 aggression affecting the workplace. This includes the destruction or abuse of property and any visual, verbal, or physical act, that warns of or expresses an ability or intent to harm or kill; is intended to intimidate or create fear, or has the purpose of unreasonably interfering with an individual's reasonable expectation of a safe, non -hostile, or respectful work environment, whether made in person, by telephone, mail, written or electronic communications, or other means, including conduct that occurs outside of the workplace or during non -working hours. 7.3 Employee Responsibilities All employees are required to refrain from any conduct that violates this policy, to promptly report to the Human Resources Administrator, a department supervisor, or the City Attorney's Office any incidents or threats of workplace violence, and to cooperate with any investigation of workplace violence. Employees are also expected to report any situation or threats of violence which may follow them into the workplace or otherwise impact other City employees. Supervisors, with assistance from Human Resources, are responsible for ensuring proper response, investigation and follow up on any reported or observed incidents of workplace violence. Violence, the threat of violence or any other conduct that would fall under this policy must be reported to Human Resources as soon as the reporting party becomes aware of it. 7.4 Investigation and Follow -Up Any reported or alleged violation of this policy will be promptly investigated by the appropriate management staff, Human Resources, and/or the City Attorney's Office. Violations of this policy may result in disciplinary action up to and including termination of employment and/or a report to law enforcement. 7.5 Confidentialitv and Retaliation To the greatest extent possible, anonymity will be maintained during the investigation. However, anonymity will be maintained at the discretion of those investigating and resolving the complaint only to the degree that it does not compromise the investigation. There is no right to or guarantee of anonymity. Any employee who acts in good faith by reporting real, threatened, or implied violent behavior will not be subjected to any form of retaliation or harassment. Any retaliatory behavior resulting from a report of violence must be reported to the Human Resources Administrator or City Attorney's Office for investigation and appropriate action. 7.6 Post -incident Response Injured staff will receive prompt medical treatment and appropriate post -incident counsel. Human Resources will assist the supervisor with coordination of appropriate post -incident response which may include a critical incident debriefing session and/or counseling through the Employee Assistance Program. 7.7 Violent Situations Outside the Workplace In order to fulfill its obligation to protect employees from violence, the City requires that an employee apprise their supervisor or Human Resources of any situation involving violence or Personnel Policies Page 6 Rev. November 2019 the threat of violence that may carry over into the workplace such as a restraining order issued for the protection of the employee, harassing or threatening phone calls, email or other electronic messages, being or suspicion of being stalked, and any other circumstance the employee perceives as threatening to the health and safety of the employee or others in the workplace. 7.8 Workplace Security Suggestions and Recommendations Employees are strongly encouraged to offer recommendations for improving safety within work sites throughout the City. These suggestions may be made directly to supervisors, Human Resources, or Risk Management. Section 8: Employee Relations and Conduct The work of every employee is important. Employee performance and conduct have an effect on an employee's success with the City and the work environment, as well as effecting the quality of service to the Iowa City community. Employees have a right to expect fair treatment and fair compensation from the City. In return, employees are expected to work diligently toward providing high levels of public service and conducting themselves in a manner that positively contributes to a respectful and productive work environment. 8.1 Employee Conduct and Ethical Standards of Behavior City employees are expected to conduct themselves in a courteous, respectful, responsive manner and in a manner which demonstrates high ethical standards, professionalism, and inspires public trust. All City employees are required to: • Refrain from engaging in conduct which could violate federal, state or local laws and/or reflect unfavorably upon the City or their department. • Refrain from engaging in conduct which represents or could reasonably be interpreted to represent a conflict of interest. • Put forth honest effort in the performance of their duties. • Carry -out and support the established policies of the City in the performance of their job duties, regardless of their personal opinions of said policies. • Decline any extraneous fee or gratuity for work performed on behalf of the City. • Refrain from granting or making available to any person, any consideration, treatment, advantage or favor beyond that which is granted or made available to the public. • Immediately report to their supervisor any outside interests that may be affected by City of Iowa City plans or activities or result in a conflict of interest or the appearance of such conflict. Personnel Policies Page 7 Rev. November 2019 a. Impartiality Employees must: • Avoid any action which might result in or create the impression of using public office, employment with the City for private gain, giving preferential treatment to any person or entity, or losing impartiality in conducting City business. • Refrain from securing privileges or exemptions for themselves or others beyond that which would be available to the public at large. b. Use of Information Employees may not use confidential information for their own financial advantage or to provide others with financial advantages or information which could be used for financial advantage. Each employee is charged with the responsibility for ensuring that they release or provide only information that should be or already is available to the public at large. c. Use of City Resources Employees may not use or permit the use of any publicly owned resource (property, vehicle, equipment, labor, service or supplies (new, surplus, scrap, or obsolete)) for the personal convenience or advantage of the employee or any other person other than what is generally available to the public. No City -owned property may be removed from the workplace except for the purpose of conducting City business. Use of City facilities, supplies, equipment, or worktime for supplemental employment is prohibited. d. Gifts State law (Iowa Code section 686.22, as amended) restricts gifts that can be received by public employees or their families. As the law states, "the acceptance of personal benefits from those who could gain advantage by influencing official actions raises suspicions that tend to undermine the public trust." Compliance with the law, for the reasons identified therein, is of crucial importance to the City. There are exceptions to the restrictions, including accepting nonmonetary items with a value of three dollars ($3.00) or less, or accepting items made available free of charge to members of the general public without regard to their employment. However, before accepting any other gift, employees should consult with the City Attorney's Office for confirmation of an available exception. e. Employment Conflicts City employees may not work for an outside employer whose interests might conflict with those of the City. City employees may not use their jobs with the City to further their interest in any supplemental job. City employees may not work for, or directly invest in, businesses with whom they must deal in the course of their employment with the City. f. Political Activity City of Iowa City employees are free to exercise all rights of citizenship. However, in order to obey federal and state laws, and to ensure that the City will operate effectively and fairly, some guidelines are necessary. Therefore, the following restrictions have been established: (�) An employee shall not, while performing official duties or while using City equipment at the employee's disposal by reason of their position, solicit contributions for any political party or candidate, or engage in any political activity, including distribution of political Personnel Policies Page 8 Rev. November 2019 messaging or materials. Employees shall also refrain from wearing hats, buttons, or other items with political messaging while working, unless otherwise permitted under Chapter 20 of the Iowa Code. (2) An employee shall not attempt to influence the vote or political action of another by advocating for an appointment, increase in pay, or other business or employment advantage for that person with the City. (3) An employee who supervises employees shall not directly or indirectly solicit the persons supervised to contribute money, anything of value, or service to a candidate, a political party, or a political committee. (4) An employee who becomes a candidate for public office may request a leave of absence without pay. An employee who is a candidate for any elective office shall not campaign while on duty as an employee. 8.2 Discipline The responsibility of the City to appropriately manage its operations may occasionally require it to take disciplinary action against employees. The objective of disciplinary action is to correct behavior that violates City policies, expectations or is otherwise inappropriate, and maintain efficient City operations. Failure of the employee, after notice, to modify behavior may result in further disciplinary action up to and including termination of employment. Furthermore, serious infractions may result in disciplinary action up to and including termination of employment without prior notice. Each case will be considered on its merits with due consideration as to the nature of the offense, the cause, the background, and the attitude of the employee. Employees in bargaining units should refer to the appropriate collective bargaining agreement for further clarification. Causes for Discipline: It is not possible to list all forms of employee conduct that are considered unacceptable and impact the workplace. The following list is illustrative of, but does not include all, types of behavior or conduct for which disciplinary action may be taken. a. Insubordination including disobedience, disrespect, failure to perform work assignments or duties, or failure to accept direction from authorized personnel. Deliberately attempting to undermine morale. b. Theft of city property, money, or services or acting in a careless or negligent manner with City money, property, or vehicles. Theft of personal property during the performance of duty or on City property. C. Violation of City policies including but not limited to Personnel Policies, Administrative Regulations, the City of Iowa City's Substance Abuse Policy, and/or the City's Drug and Alcohol Policy; violation of departmental rules, or any other rules, policies, or regulations issued by the City. d. Abusive or discourteous treatment during the performance of duty to any member of the public, fellow employee or city official, including harassment on the basis of race, creed, Personnel Policies Page 9 Rev. November 2019 color, sex, national origin, religion, age, sexual orientation, gender identity, marital status, mental or physical disability, or genetic information; or any behavior, including behavior occurring outside the workplace, which has the effect of producing a hostile work environment. e. Tardiness, failure to report to work, or failure to maintain a satisfactory attendance record; failure to inform the appropriate person of the inability to report to work or the need to leave work for any reason. Working (straight time or overtime) without proper authorization. Failure to accurately and timely report hours worked. Intentional abuse of the City's time keeping system, including unauthorized punching in/out of another employee. g. Failure to satisfactorily and consistently perform the duties of the employee's position; incompetency, inefficiency, or negligence in the performance of assigned duties; loafing, loitering, or engaging in unauthorized personal business during work hours; excessive use of personal mobile devices. h. Failure to maintain the appropriate qualifications, certifications or licenses necessary for the performance of job duties or failure to report any change or loss of said qualifications, certifications or licenses. i. Unauthorized dissemination of non-public information acquired during the performance of duties for the City. j. Breach of confidentiality. k. Violations of the Federal Drug Free Workplace Act or other state or federal regulations. I. Lying or providing false or inaccurate information, either verbally or in writing; falsification, alteration, deletion of required information, or failure to include material information on any application or City record. M. Cheating on an employment-related exam. n. Inappropriate use of telephone lines, long-distance service, FAX/photocopy services, computer or internet usage, cell phones, mobile or electronic devices or other City -owned property. o. Operating City equipment or vehicles without proper license or permit, failure to maintain any required license or permit, or failure to notify the City of loss of any such license or permit. p. Failure to make payment in a timely manner for any employment related charges including costs for return -to -duty or follow-up drug tests. q. Illegal activities and/or conviction of a crime that is closely or directly related to the ability of employees to perform their job effectively or is otherwise job related, or failure of employees in positions subject to criminal background checks to provide timely notification of a criminal conviction to Human Resources. Personnel Policies Page 10 Rev. November 2019 r. Disregard for safety policies and procedures, including improper use of safety gear, clothing, or equipment; failure to report a workplace injury or illness to supervisory personnel in a timely manner. S. Preventable accidents; conduct resulting in damage to City equipment or property or the injury of others. Willful destruction of property of the City or any employee. t. Failure to provide required notification of over-the-counter or prescription medication that may impact ability to drive or operate heavy equipment (when driving or equipment operation is a required duty of the position); failure to provide copies of any work restrictions applicable to the required duties of the employee's position; failure to comply with work restrictions. U. Activity which involves conflict of interest or use of city employment for personal gain. V. Conduct which negatively impacts the City's ability to effectively conduct its operations; disruptive behavior; sleeping or giving the appearance of sleeping during working hours; engaging in horseplay, roughhousing, or disorderly behavior during work hours or while on work premises. 8.3 Weapons No employee of the City of Iowa City shall carry a weapon while on duty. Weapons include but are not limited to firearms, knives, explosives, and tasers or other similar electronic immobilizers. Weapons are not allowed on City property or in an employee's vehicle when parked on City property. Issuance of a weapons permit does not exempt an employee from these provisions. However, sworn officers of the Iowa City Police Department and the Fire Marshal are exempt from this restriction. 8.4 Appearance -Grooming Employees are expected to maintain a level of personal appearance and grooming that is considerate of other employees, and projects an image that inspires the confidence of the community and others with whom the employee must associate in the course of work. (1) For employees in the field during hot summer weather, dress shorts and a T-shirt appropriate for the workplace are acceptable attire, unless safety concerns require long pants for protection. For employees working in air-conditioned buildings, shorts are not allowed. All employees are expected to wear clothing appropriate for a business office and public contact. (2) Employees provided uniforms are required to wear the uniform provided. (3) Dress down or casual day, generally observed on Friday unless otherwise designated by the City Manager, is an opportunity for employees to deviate from more formal attire for the day. Employees must dress appropriately for an office environment, even when casually dressed. (4) Employees should refrain from wearing clothing which depicts images or text that are not appropriate when acting as a representative of the City such as images of guns, political messaging, vulgar language, etc. Personnel Policies Page 11 Rev. November 2019 Employees are required to adhere to health, safety, and sanitation standards while at work. 8.5 Scented products The City aims to be sensitive to individuals with perfume and chemical sensitivities. Employees should minimize use of scented personal products including but not limited to cologne, after- shave, perfume, deodorant, lotions, hair products, air fresheners, room deodorizers or similar products. 8.6 Personal Activities Conducting personal or non -work related activities is discouraged during work hours, except in emergencies and with the approval of the supervisor. Personal business should be conducted during designated break times or during unpaid lunch breaks. When possible, personal phone calls should be made from a phone away from areas used by the public to conduct business and away from other employees who may be distracted by such personal calls. 8.7 Supplemental Employment Supplemental employment outside the employee's assigned City working hours must in no way interfere or conflict with the satisfactory performance of an employee's City duties. Supplemen- tal employment that either creates or gives the appearance of a conflict of interest is prohibited. No employee is to conduct any supplemental employment during their scheduled working hours unless they are using pre -approved leave. Supplemental employment is not encouraged. If an employee is unable to perform their job for the City due to injury or illness, work for another employer during what would be the employee's City work hours is expressly prohibited. A waiver of this provision may be given if the employee presents sufficient evidence to Human Resources from their physician that the employee's medical condition would preclude fulfillment of the employee's duties with the City, but that the nature of the condition would permit work at alternative outside employment. Failure to comply with this policy will result in disciplinary action up to and including termination of employment. 8.8 Religious Holidays Every reasonable effort will be made to accommodate employee requests for release from work to participate in bona fide religious holidays or services. Once approved, personal leave, accrued vacation time, compensatory time, or in the absence of any of these, unpaid leave may be used to cover such absences. 8.9 Education Advance approval from the City Manager is necessary for an employee to attend or engage in any educational program during normal working hours, other than that which may be provided or directed by the City. Consideration of such requests will be based upon the direct benefit to the City, and a demonstrated ability of employees to effectively carry out the responsibilities of their positions. Employees are encouraged to schedule educational programs outside of regular hours, whenever possible. Personnel Policies Page 12 Rev. November 2019 8.10 MedicationMork Restriction Notification Employees who are required to drive vehicles or operate heavy machinery are required to inform their supervisor when taking over-the-counter or prescribed medication which carries a warning label indicating that the medication may impact the ability to perform those duties safely. Employees who are issued work restrictions by a health care provider, including for conditions which are not work-related, must provide a copy of those restrictions to their immediate supervisor. Employees with questions about whether a physical restriction is considered a work restriction should discuss the restriction with Human Resources before providing the information to the employee's supervisor. Failure to comply with these requirements will be grounds for discipline up to and including termination of employment. 8.11 Breastfeeding Breaks The City will provide reasonable break time for nursing mothers to express breast milk for a nursing child for one year after the child's birth each time such employee has need to express the milk. In addition, the City will provide a private space, other than a bathroom, which may be used by the employee to express milk. If assistance is needed in coordinating the use of private space, employees may contact Human Resources. 8.12 Criminal Convictions Employees in positions which are subject to criminal background checks under the City's administrative regulation on Criminal Background Checks in Hiring, as noted in the job description, are required to notify Human Resources within ten business days of being convicted of a crime other than a simple misdemeanor traffic offense. Human Resources will conduct an individualized assessment to determine the impact a conviction may have on an employee's ability to continue in their current role and will consult with appropriate supervisory staff and the City Attorney's Office as necessary. Employees in a position designated as sensitive under the Criminal Background Checks in Hiring policy who are convicted of a crime which would have precluded them from being hired into the position, may likewise be determined to no longer meet the requirements of the position and may be subject to termination of employment or other discipline. Section 9: Whistleblower Policy & State Ombudsman's Office It is the policy of the City that all employees are encouraged to report information or conduct the employee reasonably believes to be improper governmental actions by any City official or employee, to the extent such a report is not expressly prohibited by law. The City prohibits reprisal or retaliation against any employee who in good faith makes such a report. 9.1 Definition of Improper Governmental Action Any action by any employee or official that: Personnel Policies Page 13 Rev. November 2019 • Is undertaken in the performance of their duties, whether or not the action is within the scope of the employee's or official's employment; and • Is in violation of any federal, state or local law or rule; • Is mismanagement; • Is an abuse of authority; • Is of substantial and specific danger to the public health or safety; or • Is a gross abuse of public funds. 9.2 Complaint Procedure The City will thoroughly investigate complaints of improper governmental action. Employees should promptly report information or conduct they reasonably believe constitutes improper government action to their supervisor, the City's Human Resources Administrator, or the City Attorney's Office. Supervisors receiving reports of potential improper governmental action are required to promptly notify the Human Resources Administrator or City Attorney's Office of the report to ensure appropriate investigation, documentation and follow-up takes place. 9.3 Retaliation Prohibited The City may not retaliate against an employee who makes a good -faith report of conduct the employee reasonably believes to be improper governmental action, including an internal report as outlined above or the disclosure of information the employee believes constitutes improper governmental action to a member or employee of the general assembly, an official of or person providing human resources management for that political subdivision or any other public official or law enforcement agency. 9.4 State Ombudsman's Office In addition to the reporting procedure described above, employees may contact the State Ombudsman with reports of improper governmental action. Pursuant to the Iowa Ombudsman Act, Iowa Code Chapter 2C, the State Ombudsman's Office has authority to investigate complaints about improper action or inaction taken by governmental entities. The State Ombudsman's Office is a non-partisan agency and may be reached at 1-888-426-6283. Section 10: Employee Assistance Program The City sponsors an Employee Assistance Program (EAP) as a means of assisting employees and their family members with a variety of challenges including marital, family or financial difficulties, physical, emotional or personal problems, and substance or alcohol use. It is available as a confidential service for information, short-term counseling, and referral to other community resources. While the program is in no way meant to interfere with the private life of the employee, employees are encouraged to contact the EAP to discuss a personal problem before it affects their work performance. Any voluntary involvement with the EAP will be strictly confidential and not reported to the City. Employees may contact the EAP by calling 319- 351-9072. In the event work performance is affected, a mandatory referral may be made by an employee's supervisor. When a mandatory referral is made, the employee is required to be Personnel Policies Page 14 Rev. November 2019 seen by an EAP Counselor who may report the employee's attendance, ability to work, and completion of any recommended follow-up treatment to the City. The City is not provided a diagnosis and all discussions between the employee and counselor remains confidential. Substance Abuse All City employees are eligible for and encouraged to seek treatment and rehabilitation for alcoholism, problem drinking, or substance abuse through the City's Employee Assistance Program, or other available community resources. Alcoholism or drug addiction as conditions are not causes for discipline. However, if they impact job performance, including attendance, work performance, ability to carry out required duties, inter -personal or public relations, etc., disciplinary action may be taken. Nothing in this section relieves employees of responsibility for their own conduct on the job. Section 11: Substance Abuse Policy 11.1 Policy The City of Iowa City is dedicated to providing safe, dependable, and efficient services to our citizens. City of Iowa City employees are our most valuable resource and it is our goal to provide a healthy, satisfying working environment. In meeting these goals, it is our policy to (1) assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner; (2) create a workplace environment free from the adverse effects of drug abuse and alcohol misuse; (3) prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances; and (4) to encourage employees to seek professional assistance any time personal problems, including alcohol or drug dependency, adversely affect their ability to perform their assigned duties. 11.2 Purpose The purpose of this policy is to assure worker fitness for duty and to protect our employees and the public from the risks posed by the misuse of drugs or alcohol or by the use of prohibited drugs while balancing respect for individual privacy. This policy is also intended to comply with all applicable Federal regulations governing workplace anti-drug and alcohol programs, including the federal Drug Free Workplace Act of 1988. 11.3 Applicabilitv This policy applies to all City employees, as well as contractors or volunteers; when they are on City property or when performing any City -related business. This policy also applies to off- site lunch periods or breaks when an employee is scheduled to return to work. Compliance with the terms and requirements of this policy is a condition of employment for all employees. Nothing herein relieves employees also subject to the City of Iowa City Drug and Alcohol Policy of their responsibilities under that Policy. 11.4 Prohibited Substances/Behaviors a. Illegally Used Controlled Substances or Drugs Any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1300.11 through 1300.15. This includes, but is not limited to: marijuana, amphetamines, opiates, Personnel Policies Page 15 Rev. November 2019 phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, or use of illegally obtained prescription drugs. b. Misuse/Abuse of Legal Drugs The appropriate use of legally prescribed drugs and over-the-counter medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to supervisory personnel and medical advice should be sought by the employee, as appropriate, before performing work-related duties. A legally prescribed drug means that individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. Legally prescribed drugs must be carried in their original container with a label which includes the patient's name, the name of the substance, quantity/amount to be taken, and the period of authorization. The misuse or abuse of legal drugs while performing City business is prohibited. The City reserves the right to take appropriate action (including relieving the employee from work) if the use of a prescribed or over-the-counter medication is impairing or is deemed likely to impair the employee's faculties or work performance. c. Alcohol City employees are prohibited from consuming alcoholic beverages and from possessing containers of alcoholic beverages with a broken seal while on City premises or on duty. 11.5 Prohibited Conduct a. Manufacture, Trafficking, Possession, and Use City of Iowa City employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances while working, on City premises, in City vehicles, in uniform, or while on City business, or from reporting to work following use of a prohibited substance. Employees who violate this provision will be subject to disciplinary action up to and including termination of employment. Law enforcement shall be notified, as appropriate, where criminal activity is suspected. b. Alcohol Use No employee shall report for duty or remain on duty when their ability to perform assigned duties is impaired by alcohol. No employee shall use alcohol while on duty, or during the hours that they are on call. City employees are prohibited from consuming alcoholic beverages on breaks or at lunch. Violation of these provisions is prohibited and subject to disciplinary action up to and including termination of employment. c. Treatment The City recognizes that drug and alcohol dependency is an illness and a major health problem. The City also recognizes drug and alcohol abuse as a potential health, safety and security problem. All employees are encouraged to use the Employee Assistance Program (EAP) for treatment of drug or alcohol misuse and/or illegal drug use problems. Under certain circumstances, employees may be required to undergo treatment for substance abuse or alcohol misuse. Any employee who refuses or fails to comply with Personnel Policies Page 16 Rev. November 2019 City requirements for treatment, after care, or return to duty shall be subject to disciplinary action, up to and including termination of employment. Employees will be allowed to use accumulated sick leave and other accruals as appropriate to participate in a prescribed rehabilitation program. The EAP provides a constructive way for employees to deal with alcohol or drug-related problems before they interfere with continued employment. However, an employee must continue to comply with City policies, meet attendance, job performance, and safe and sober behavior standards while seeking assistance from EAP or another treatment provider. d. Notifying the City of Criminal Drug Conviction The Drug Free Workplace Act of 1988 mandates that employees are required to notify the City of any criminal drug statute conviction for a violation occurring in the workplace or off City premises while conducting City business within five days after such conviction. The City will take appropriate disciplinary action and/or require the employee to participate in a rehabilitation program within 30 days of receiving notice of any conviction under a criminal drug statute. Failure to comply with this provision shall result in disciplinary action, up to and including termination of employment. 11.6 Proper Application of the Policy The City of Iowa City is dedicated to assuring fair and equitable application of this substance abuse policy. Supervisors are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor who knowingly disregards the requirements of this policy, or is found to have deliberately misused the policy in regard to subordinates, shall be subject to disciplinary action, up to and including termination of employment. 11.7 Testing Procedures a. Pre -Employment Drug Testing All applicants for positions covered by Federal regulations governing workplace anti- drug and alcohol programs shall undergo urine drug testing following a conditional offer of employment. Receipt by the City of a negative drug test result is required prior to starting employment. Failure of a pre-employment drug test will result in rescission of the conditional offer of employment and will disqualify an applicant for employment for a period of one year. City employees not currently in a position covered by Federal regulations governing workplace anti-drug and alcohol programs who apply for a position covered by said Federal regulations must pass a urine drug test following the offer of a transfer into a position covered by Federal regulations governing workplace anti-drug and alcohol programs. b. Reasonable Suspicion Testing Employees are expected and required to report to work on time in an appropriate mental and physical condition. The City reserves the right to test employees when there is reasonable suspicion that the employee is impaired, that their work performance or on- the-job behavior has been affected in any way by drugs or alcohol or the employee is otherwise unfit for duty. Personnel Policies Page 17 Rev. November 2019 Reasonable suspicion testing is drug or alcohol testing based upon the evidence that an employee is using or has used alcohol or other drugs in violation of this policy. This evidence is drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in the light of experience. For the purposes of this policy and procedure, facts and inferences may be based upon, but not limited to, any of the following: (1) Direct observation of alcohol or drug use or abuse. (2) Physical symptoms or manifestations of being impaired while at work due to alcohol or other drug use such as, but not limited to, the smell of alcoholic beverages or drugs emanating from the individual, reddened eyes, dilated or constricted pupils, flushed or pale complexion, extensive sweating or skin clamminess, unfocused/blank stare, disheveled clothing, unkempt grooming, runny or bleeding nose, possible puncture marks, wetting lips frequently, complaining of dry mouth or nystagmus (involuntary jerky eye movement) deterioration of work performance, errors and irregularities in work performance. (3) Unexplained changes in behavior or personality such as, but not limited to, hyperactivity, fidgety, agitated, breathing irregularly or with difficulty, nausea, slow reactions, unstable walking, poor coordination, hand tremors, shaking, sleeping on the job, irritable, moody, suspicious, paranoid, depressed, withdrawn or a lackadaisical attitude. (4) Unexplained changes in speech such as, but not limited to, slurred/slowed, loud/boisterous, quiet/whispering, incoherent/nonsensical, repetitious/rambling, clicking sound with tongue, rapid, excessive talkativeness, exaggerated enunciation or cursing/inappropriate speech. (5) A report of alcohol or other drug use while at work provided by a reliable and credible source. (6) Evidence that an employee has manufactured, sold, distributed, solicited, possessed, used, or transferred illicit drugs or consumed alcoholic beverages while at work for the City, or while operating City vehicles, machinery or equipment. Employees found to be impaired by prohibited substances or employees who fail to pass a reasonable suspicion drug or alcohol test administered under federal or state regulations shall be removed from duty and be subject to disciplinary action, up to and including termination of employment. c. Post Accident Testing. The City reserves the right to test employees for drugs and alcohol after a work-related accident when one or more of the following conditions are present: a fatality in which a City employee was involved; any individual suffers bodily injury known at the time of the accident; one or more vehicles incur disabling damage and require towing/removal from the scene; the accident results in cumulative property damage of $5,000 or greater as reasonably estimated at the time of the accident;* or the City employee receives a citation for a moving violation.* If none of the above conditions are present, and the employee involved in the accident would like to be tested voluntarily for drugs and alcohol, the employee may submit to testing at the City's expense. Personnel Policies Page 18 Rev. November 2019 Following an accident, the employee will be tested as soon as possible, but time elapsed before testing may not to exceed eight (8) hours for alcohol and thirty-two (32) hours for drugs. An employee subject to post -accident testing shall remain readily available or may be deemed by the employer to have refused to submit to testing. *Employees subject to DOT guidelines are subject to the post -accident testing requirements of the Drug and Alcohol Policy. d. Refuse to Test Refusal to submit to an alcohol or drug test is classified as a positive test and subject to the consequences of a positive test. Refusal to test includes, but is not limited to, such behavior as: (1) Failure to report in a timely manner to a collection site (except for a pre- employment test). Once notified an employee is to immediately go directly to the testing site. (2) Failure to remain at the testing site until the testing process is complete (except for a pre-employment test). (3) Failure to provide a urine specimen for any drug test required by this part or DOT agency regulations (except for a pre-employment test). (4) In the case of a directly observed or monitored collection in a drug test, failure to permit the observation or monitoring of provision of a specimen. (5) Failure to provide a sufficient amount of urine or breath when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure. (6) Failure or decline to take a second test the City or collector has directed them to take. (7) Failure to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the City as part of the procedures for situations in which an employee does not provide a sufficient amount of urine to permit a drug test. (8) Failure to cooperate with any part of the testing process (e.g., refusal to empty pockets when so directed by the collector, behaving in a confrontational way that disrupts the collection process) or verbal or written refusal to provide a required urine/breath specimen. (9) For an observed collection, failure to follow the observer's instructions to raise clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if there are any types of prosthetic or other devices that could be used to interfere with the collection process. (10) Possess or wear a prosthetic or other device that could be used to interfere with the collection process. (11) Admit to the collector or MRO that the specimen was adulterated or substituted. (12) Failure to sign the certification at Step 2 of the Alcohol Test Form. (13) * The refusal to take a non -DOT drug or alcohol test or sign a non -DOT form is not a refusal to take a DOT test. Personnel Policies Page 19 Rev. November 2019 11.8 Consequences for Policy Violations Violations of this policy resulting in personal injury, injury to another employee or member of the public or violations resulting in damage to public or private property may result in termination on the first offense. a. Positive Test Results An employee who is in their initial probationary period and receives a positive drug and/or alcohol test result will have their employment terminated. A non -probationary employee's first confirmed positive drug or alcohol test will result in a requirement that the employee be evaluated by an EAP counselor with subsequent referral and aftercare if necessary. Failure to undergo the required EAP evaluation or to comply with the treatment plan, including required testing, will result in termination of employment. b. Second Positive Test Results If an employee who has previously tested positive under the City's drug or alcohol testing program tests positive on a second occasion, the employee will be terminated. c. Refusal Consequences An employee who refuses to submit to a reasonable suspicion or post -accident drug/alcohol test will be treated as if the employee had a positive test result. The employee shall not be permitted to finish their shift and shall immediately be placed on administrative leave pending disciplinary action up to and including termination of employment. d. Follow -Up Once returned to duty, employees may be required to undergo unannounced follow-up testing. Such testing will take place just before job duties are performed, during job duties, or just after the employee performed job duties. The frequency and duration of the follow- up testing will be recommended by the EAP counselor or treating entity. e. Invalid Drug Tests The result of a urine drug test is considered invalid if it contains an unidentified adulterant or an unidentified interfering substance, has abnormal physical characteristics, or has an endogenous substance at an abnormal concentration that prevents the laboratory from completing or obtaining a valid drug test result. f. Violations Violations of this policy will result in disciplinary action, up to and including termination of employment. Section 12: License, Certification and Insurability Requirements Certain positions within the City require the possession and maintenance of a specific license or certification. If a position has such a requirement, it will be listed in the job announcement when the job is posted and will be included in the job description. If the requirement changes while an employee is in a position, the employee will receive notice of such change and will be given a reasonable amount of time to comply with the requirement. If an employee loses or fails to obtain a license or certification required for the position they hold, the employee may be subject to discipline up to and including termination for failure to meet minimum job requirements. Personnel Policies Page 20 Rev. November 2019 No City employee may operate a City vehicle without proper licensing. Any individual who operates a City vehicle on the public right-of-way without a valid license appropriate to the vehicle being driven will be subject to disciplinary action up to and including termination. 12.1 Maintaining a Valid License Employees required to possess and maintain a valid Iowa driver's license, chauffeur's license, or Commercial Driver's License (CDL) are responsible for monitoring the expiration date and renewing their license prior to the expiration date. If an employee's license is suspended, revoked, or cancelled, it is the employee's responsibility to notify their supervisor at the beginning of the first work day after receiving notice of the action. Employees are prohibited from driving any City vehicle without the appropriate valid license and are required to carry their license with them while operating City vehicles or driving on behalf of the City. The City periodically runs driver's license checks on employees who must have a license as a job requirement, as well as employees who drive City vehicles in the course of their employment. An employee who has a license that is current at the time of the license check, but whose record shows it was suspended, revoked, or cancelled in the period of time since the last check, is subject to disciplinary action if they drove a City vehicle during that time and/or failed to notify their supervisor of the suspension, revocation, or cancellation. Employees who are required to have a valid license will be subject to disciplinary action up to and including termination of employment if they allow their license to expire and are unable to perform their work duties. 12.2 CDL Notification Requirements Employees required to possess and maintain a valid Commercial Driver's License must meet the following notification requirements: a) Notify the Human Resources Office within 30 days of a conviction for any traffic violation, except parking (this includes pleading guilty and paying a fine). Notification is required no matter what type of vehicle the individual was driving at the time of the infraction or if the infraction occurred off duty. Such notice must be provided by filling out a Notification of Conviction for Driver Violations Form and submitting to the Human Resources Office. b) Notify employee's supervisor if their license is suspended, revoked, or cancelled, or if the employee is otherwise disqualified from driving. Such notice must be made at the beginning of the first work day following knowledge of the suspension, revocation, or cancellation. Employees must provide such notice to their immediate supervisor (or in their absence to the individual acting in that capacity). Failure to provide required notice of a traffic violation or license suspension, revocation or cancellation may result in disciplinary action up to and including discharge. 12.3 Insurability Employees required to possess and maintain a valid driver's license must also remain insurable under the City's established standards for insurability. Failure to remain insurable due to excessive or serious violations will subject an employee to disciplinary action up to and Personnel Policies Page 21 Rev. November 2019 including termination of employment. A work permit does not meet the City's requirement for a valid license. In no event will the City install an ignition interlock device on any City vehicle to meet the requirements of a work permit. Section 13: Personnel Transactions 13.1 Personnel Files Personnel files are the property of the City. It is the policy of the City to permit access by all City employees to their personnel file maintained in the Human Resources office. Access to these files and the information contained in them is generally limited to the employee (or former employee), appropriate supervisory personnel, appropriate administrative personnel and third parties authorized in writing by the employee (i.e., union stewards, attorneys, etc.). The file information may also be accessed and utilized in situations involving business operations. Information related to education, employment and job performance will be maintained in these files. Confidential medical records and benefits information are maintained separately from an employee's personnel file. City employees are permitted access to their personnel files during regular Human Resources office hours. Employees are permitted to examine, take notes, and make copies of any materials in their file. Employees wishing to examine their files during work hours must have the permission of their supervisor to leave their work site. A Human Resources staff member must be present during this examination. An employee may request correction of any alleged misinformation contained in the file. If this request is denied, the employee will receive an explanation of the reason thereof, and will be permitted to place a concise statement of disagreement in the file. Employees are encouraged to keep their personnel files up-to-date with all job-related information such as degrees obtained. Certification and training records can be maintained through the Neogov learning management system. In addition, employees are required to update personal information when they experience a change of name, address, phone, or emergency contact. Employees may maintain this information through the Munis self-services portal. 13.2 Medical Files Employee medical records* are personal and confidential and will be maintained in a separate medical file. Medical files are subject to the privacy restrictions imposed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The City of Iowa City will not release such information without the express written consent of the employee, except as required by law. *Worker's compensation files are maintained by Finance and are subject to Finance Department policy addressing access and security of those records. 13.3 Public Information The following employee information is classified as "Public Information" under Section 22.7 (11) of the Iowa Code and will, upon request, be provided to any individual or institution by Human Resources: Personnel Policies Page 22 Rev. November 2019 • Employee name • Employee compensation including any written agreement establishing compensation or any other terms of employment excluding any information otherwise excludable from public information pursuant to Iowa Code Chapter 22.7 or any other applicable provision of law. Compensation includes any money, thing of value, or financial benefit conferred in return for labor or services rendered by an official or employee plus the value of benefits conferred including but not limited to casualty, disability, life, or health insurance, other health or wellness benefits, vacation, holiday, and sick leave, severance payments, retirement benefits, and deferred compensation. • Dates of employment • Positions held with the City • Educational institutions attended and degrees and/or diplomas earned • Previous employment information including names of previous employers, positions previously held, and dates of previous employment • The fact that an individual resigned in lieu of termination, was discharged, or was demoted as the result of disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion. Should Iowa Code Section 22.7(11) or other Iowa law be amended to either enlarge or restrict what employee information is classified as "Public Information" under Iowa law, the City will modify its practices accordingly without further notice to employees. Information such as address, telephone number, birth date, social security number, etc. is not public information and will not be released unless requested in writing by the employee. 13.4 Job Description Copies of job descriptions are maintained by Human Resources and are available upon request or on the City's website. Job descriptions are periodically reviewed and updated as job duties and requirements change. 13.5 Position Classification All positions are classified according to job duties, responsibilities, entry requirements, and departmental needs. A major change in these factors may necessitate a review of job classification. Requests for review of a job classification may be addressed to the Human Resources Administrator by any employee, by a supervisor, or may be initiated by the Human Resources Administrator. All position classification review requests will be reviewed in accordance with applicable labor contract provisions. 13.6 Fair Labor Standards Act (FLSA) Classification All City positions have been classified as non-exempt or exempt under the Fair Labor Standards Act (FLSA). Non-exempt positions are eligible for overtime at a rate of one -and -one- half times their regular hourly rate for work in excess of 40 hours in a week. Exempt positions are not eligible for FLSA overtime. To be eligible for FLSA overtime a non-exempt employee must perform 40 hours of work in a week; paid time off such as sick leave and vacation does not count toward the 40 hours. Overtime is subject to supervisory authorization. Employees who work overtime without appropriate authorization may be subject to disciplinary action. Police Officers and Firefighters are subject to the FLSA 207(k) exemption. Firefighters are Personnel Policies Page 23 Rev. November 2019 assigned to a 27-day/204 hour FLSA cycle and Police Officers are assigned to a 14-day/86 hour FLSA cycle. To report a FLSA complaint or violation employees may contact the Human Resources Administrator or City Attorney's office. 13.7 Employment of Relatives a. Management Conflict It shall be a violation of this policy for the spouse, domestic partner or partner by cohabitation, children', mother, father, son-in-law, daughter-in-law, mother-in-law, father-in-law, step-parent, brother2, sister2, brother-in-law, sister-in-law, grandparents and grandchildren, foster child, persons who are parents of the same child, and persons with whom the employee is in an intimate relationship3 of the City Manager, Assistant City Manager, Assistants to the City Manager, City Clerk, City Attorney, Department Directors, Division Heads, or Human Resources staff to become employed by any department of the City. b. Chain of Command Conflict It shall be the general policy of the City that no person shall be hired, assigned, promoted, or transferred to a department of the City or to a division thereof when, as a result, the employee would routinely be directly or indirectly supervising or receiving direct or indirect supervision from a member of the employee's immediate family. For the purpose of this subsection "members of the immediate family" include all of the relationships identified under the Management Conflict provision (13.7 a) and also include aunt, uncle, niece, nephew, and first cousin. When a prohibited familial relationship is created during the course of employment, reasonable efforts will be made to find an acceptable alternative or to eliminate the situation by transfer or reassignment of one of the employees. Affected employees will first be given the option of deciding which employee will transfer or be reassigned. If no choice is indicated, seniority will be the governing factor and the least senior employee will be subject to transfer, reassignment, or termination. Individuals actively employed by the City in violation of this expanded policy on November 1, 2011 will be grandfathered under the previous policy and allowed to remain City employees. 'This includes step -children and children for whom the employee stands in loco parentis (assumes parental responsibility). 2Brother and sister are defined to include step -siblings and half -siblings. 'An intimate relationship means a significant romantic involvement that need not include sexual involvement. An intimate relationship does not include casual social relationships or associations in a business or professional capacity. Personnel Policies Page 24 Rev. November 2019 13.8 Termination of Employment a. Resignation Employees are expected to give at least ten (10) working days' notice prior to the effective date of resignation. The notice should be in writing and directed to the immediate supervisor. Generally, the termination date shall be the employee's last day in attendance at work, except in cases of medical disability. Generally, employees will be required to be at work on their last day. Use of extended vacation time prior to separation from service is not allowed. Supervisors may approve no more than two calendars weeks of paid time off within the same calendar month immediately preceding the employee's resignation effective date. b. Retirement Terminating employees may be considered retirees if they have submitted the appropriate forms to receive a retirement benefit from their applicable pension or retirement programs. Sworn employees in the Police and Fire Departments will retire under the Municipal Fire and Police Retirement System of Iowa (MFPRSI); other City employees will retire under the Iowa Public Employee Retirement System (IPERS). Employees must contact the retirement system directly to initiate the retirement application process. Generally, employees will be required to be at work on their last day. Extended vacation time prior to separation from service is not allowed. Supervisors may approve no more than two calendars weeks of paid time off within the same calendar month immediately preceding the employee's retirement effective date. c. Benefits Termination Upon notice of resignation, termination, or retirement being received by Human Resources, applicable information regarding continuation of insurance coverage, benefits payout, IPERS benefit or refund, final check, and other information will be forwarded to the employee. Human Resources will provide information to terminating employees, answer questions, and assist employees. However, it is the employee's responsibility to complete and submit all forms to the applicable agency. d. Exit Interviews Permanent employees will be provided an exit survey prior to their last day of employment. If an employee wishes to participate in an exit interview in addition to or in lieu of providing feedback via the exit survey, exit interviews will be conducted by Human Resources staff or City Manager's Office. Section 14: Safety All City employees are responsible for completion of job assignments in the safest manner possible. Prime consideration will be given to the safety of City employees and the public. Employees will not be required to and should not work in areas or operate equipment which is a safety hazard to themselves or the public. Employees are required to report unsafe working conditions to their immediate supervisor. The Iowa Occupational Health and Safety Administration establishes industrial standards for many City work functions. The City is Personnel Policies Page 25 Rev. November 2019 committed to compliance with these and other applicable standards. a. Employees must wear appropriate safety equipment/clothing, as required. Employees will receive appropriate training and are expected to follow appropriate safety standards. b. Employees must wear seatbelts in all vehicles that are equipped with seatbelts, as provided by state law. c. Smoking, including use of e -cigarettes or other vaping devices, is prohibited in all City vehicles, equipment, buildings, and grounds. d. City employees shall not wear or use radio headphones, earphones, or other similar devices at any time while at work, unless such devices are authorized by the Depart- ment Director/Division Head. Telephone headphones are permitted for business phones with the supervisor's approval. e. Employees will handle property and equipment of the City with due care appropriate to the nature of the work and equipment used. Writing, sending, viewing an electronic message or talking on a hand-held communication device while driving is strictly prohibited. Employees who act in a manner which endangers the safety of themselves or others are subject to disciplinary action up to and including termination of employment. Treatment for work related injuries must be provided by the provider designated by the City. Treatment by another physician will be allowed only upon referral from the City's designated treatment provider. Failure to use the City's designated treatment provider for a work-related injury may result in denial of payment of claims by Worker's Compensation. Worker's Compensation questions should be directed to the City's Risk Manager. Personnel Policies Page 26 Rev. November 2019 Revised November 2019 Approved by Resolution of City Council: Resolution No. 19-_ on November 19, 2019 This policy ma al is not intended to create any contractual rights in favor of you or he City of Iowa City. The City reserves the right, at any time, to ame d, delete, revise, or add to any provisyon in its sole discretion. Personnel Policies Rev. November 2019 TABLE OF CONTENTS Section1 Introduction ..............................................................................................................1 Section2 Adinlstration.........................................................................................................1 Section 3 Eq% Employment Opportunity...............................................................................1 Section 4 Labor elations.......................................................................................................2 Section 5 Civil Se a Coverage............................................................................................2 5.1 Rights nd Benefits 5.2 Appeal ights Section 6 Harassment a d Discrimination...............................................................................3 6.1 Harassmen 6.2 Sexual Hera ment 6.3 Discrimination 6.4 Complaint Proc dure 6.5 Confidentiality 6.6 Retaliation 6.7 Consequences of rass ent 6.8 Duty to Prevent and e rt Section 7 Workplace Violence Prey n'on................................................................................5 7.1 Policy 7.2 Definition 7.3 Employee Respo sibilities 7.4 Investigation an Follow -Up 7.5 Confidentiality nd Retaliation 7.6 Post -incident esponses 7.7 Violent Situ ions Outside the Wor lace 7.8 Employee esponse to Firearms in a Workplace 7.9 Workplac Security Suggestions and ecommendations Section 8 Employee elations and Conduct...........................................................................8 8.1 Emplo ee Conduct and Ethical Standards f Behavior a Impartiality Use of Information Use of City Resources d. Gifts e. Employment Conflicts f. Political Activity 8.2 iscipline 8. Weapons .4 Appearance -Grooming .5 Scented products 8.6 Personal Activities 8.7 Supplemental Employment 8.8 Religious Holidays 8.9 Education 8.10 Medication/Work Restriction Notification 8.11 Breastfeeding Breaks 8.12 Criminal Convictions Personnel Polities Rev. November 2019 Section 9 Whistleblower Policy & State Ombudsman's Office 9.1 Definition of Improper Governmental Action Complaint Procedure Retaliation Prohibited 9. State Ombudsman's Office Section 10 Em oyee Assistance Program ............................... Section 11 Substnce Abuse Policy ...................... 11.1 P licy 11.2 P\Iegally 11.3 Aty 11.4 PSubstances/Behaviors Used Controlled Sul se/Abuse of Legal Drot 11.5 PConduct or Drugs a. XCo acture, Traffick g, Possession, and Use b. Use c. m nt d. ying the Ci of Criminal Drug Conviction 11.6 Propplica 'on the P01icy 11.7 Testiroced e a. mploy ent Drug Testing b. for D y mpaired c. ons le S picion Testing d. A ident sting e. s to Test 11.8 Consces for Poli Violations a. ive Test Resulb. nd Positive Tes Results c.sal Conseauence Invalid Drug Tests Violations Section 12 Lice e, Certification, and Insurability 12. Maintaining a Valid License 1 CDL Notification Requirements 1 .3 Insurability Section 13 13.1 Personnel Files 13.2. Medical Files 13.3 Public Information 13.4 Job Description 13.5 Position Classification 13.6 Fair Labor Standards Act (FLSA) Classification 13.7 Employment of Relatives a. Management Conflict b. Chain of Command Conflict 13.8 Termination of Employment a. Resignation b. Retirement 15 16 16 .22 .23 Personnel Policies Rev. November 2019 Section 14 c. Benefits Termination ...27 Personnel Policies Rev. November 2019 Section 1: Introduction The purpose of this document is to set forth the policies by which personnel -related decisions, made by either supervisor or employee, are to be guided and to express mutual expectations for conduct in the workplace. The City's ability to manage and provide public services with efficiency and Vectiveness is dependent upon the capability and performance of its employees. The strives to provide a positive working en. ronment which promotes and supports diversity a d inclusivity, professional development open communication, and sensitivity to employee eeds. Section 2: These policies generally cove all City employees. H Wever, not all provisions may apply to variable hour and seasonal sta Iowa City Public Li vary employees are subject to Personnel Policies as approved by the LibraVspeifclTa rust es. These policies work to ensure dl a made consistently and in accordance with overall City goals regarding empls. Questions of policy interpretation should be addressed to Human Resources. anager or their designee shall be responsible for final interpretation and applicationolicies. The principles expressed herein will be used as a guide regarding issues lly addressed in these policies. This document should beread in regulations, and operating policies City departments. Upon initial appointment to a copy of these policies. Any s website. Employees will be r will be provided upon reques with negotiated labor contracts, administrative fires published by Human Resources and other ted position, al employees of the City shall be furnished a We changes or mendments shall be posted to the City's that updated poli 'es are available online and hardcopies 3: Equal Employment It is the policy of the City of Iowa City to prohibit discrimination d harassment of any type and to afford equal employ ent opportunities for all employees or ap licants without regard to race, creed, color, sex, n9 tonal origin, religion, age, sexual orients 'on, gender identity, marital status, mental or physical disability, genetic information, veteran st us, or other class/category protected by federg�f, state, or local law, except where age, sex, or ysical ability constitute a bona fide occupa�ibnal qualification necessary for job performance. his extends to all areas of personnel ad - inistration including but not limited to recruitment, a ployment, promotion, transfer, trainin�working conditions, wages, benefits, and application f personnel policies, and shall be consistent with all protections afforded by applicable federa , state and local law. No personnel decision, action, term, condition or privilege of employmen shall be unlawfully influenced in any manner by consideration of an individual's membership in protected class. It is the goal of the City of Iowa City to ensure equitable and non-discriminato �eatment of all applicants and employees, to remove barriers to employment for underrepresent d populations and to achieve a diverse and inclusive work force that reflects the diversify, within our Personnel Policies Page 1 Rev. No ev tuber 2019 community. The City of Iowa City shall also encourage or require equal employment opport ity efforts from vendors, contractors, consultants, and firms with which the City does busin s. The City will use r cruitm required equal emplo ern the City as an Equalp( employment opportuniti sources. The City will populations of bothemplo distribution of job postings, fairs. The City will also p selection procedures, adju int and selection practices that supportIs policy by displaying Opp posters in areas visible to a I's and by identifying rtunity Employer on its job advertis ents, postings, self-service site and online application form, ebsite, and other recruitment ake efforts to inform individua from historically disadvantaged ent opportunities and the ' y's hiring process through targeted neral recruitment and hi g information and events such as job .ri6qically review its out ach efforts and recruitment, hiring, and stin as appropriate t ensure best practices to promote diversity and reduce Implicit blas are personnel who have respc responsible for using legal in The City recognizes its duty to Public Employment Relations I the duties, obligations, and ri forth in the collective bargai nc organization. Please ref r to details. iplemente ,and used as appropriate and feasible. City for sele ion and hiring shall be trained in and held Ig and election techniques and criteria. Vgaincolle n : Labor Relations ively with employee organizations certified by the s pro ed by state law. Pursuant to this requirement, Is of the City a each certified employee organization are set agreements mut ally entered into by the City and the employee the appropriate Ilective bargaining agreement for specific Secfion 5: Civil Servic Coverage The rules and r gulations as set for in Chapter 400 of he Code of Iowa shall apply to all permanent p itions within the employment of the City of wa City with the exception of the positions of: City Man ger, Assistant City Manager, the Directors of Finance, Public and D elopment Services, Parks and Recreation, Trans—rtatic Direct sof any other city department as may be created; Police hie Reso rces Administrator; City Attorney; Assistant City Att rr Coordinator/Equity Director; City Clerk, Deputy City Clerk; all Divisi the City/Manager; Secretaries to the Department Directors; employe( or Airport Commission; and any other positions specifically excluded I *Theositions of Police Chief and Fire Chief shall receive the ber Sery/CC Act for selection purposes and Civil Service status under Iowa and 400.14. 5.1 Rights and Benefits Works, Neighborhood n Services, and the t*, Fire Chief*; Human ays; Human Rights Heads; Assistants to gg of the Library Board \the Code of Iowa. of the Iowa Civil \Sections 400.13 Applicants for entry level or promotional civil service positions will be tested through impartial Personnel Policies Page 2 Rev. November 2019 examinations which fairly test each applicant's ability to perform in the position. Examinations may consist of review of application materials, oral interviews, and/or written, practical, or physical agility examinations as are appropriate to the position. Following co pletion of probation, an employee coveredby Civil Se a who is removed, discharged, d oted, or suspended may appeal the disciplinary ac' n to the Civil Service Commission, an will be entitled to a hearing before the Civil Servi a Commission. Appeals must be filed with he Clerk of the Commission (City Clerlc) withi 14 calendar days after the removal, discharge, emotion, or suspension. S\'n: Harassment and scrimination The City of Iowa Cityed to providing a woe environment in which people are treated with dignity, decencyct, and which is fre of harassment and unlawful discrimination. 6.1 Harassment Harassment may take many forms,) may occur between or among mer employees and the public, conte supervisors. Harassing behavior of offensive work environment and isp workplace which has an impact or fig behaviors that are overt or subtle. Harassment A the same or opposite sex or gender identity, or vendors, co-workers, or subordinates and ature can have the effect of creating a hostile or . This can include conduct occurring outside of the For the purposes of this policy/harassment is ny verbal or physical conduct that threatens, intimidates, demeans, humili es, or coerces a employee or any person working for or on behalf of the City. Verbal t nting that impairs aindividual's ability to perform their job is included in the definition of arassment. Harassment may take to form of, but is not limited to: • Comments tY are offensive or unwelcome reg a ing a person's race, creed, color, sex, nations origin, religion, age, sexual orientati , gender identity, marital status, mental or p sical disability, genetic information, vete n status, or other class/category protected y federal, state, or local law, body, or appe ranca including epithets, slurs, and neg Ive stereotyping. • Abusiv and offensive language, insults, teasing, name -c ing, spreading rumor and innue do, unreasonable criticism, isolating people from ormal work interaction, exc ssive demands, and practical jokes. Sexual harassment is defined as unwelcome conduct that affects term or conditions of employment or creates an intimidating, hostile, or offensive work envi nments. Such harassment is prohibited for all employees, regardless of status, includin supervisors, subordinates, administrators, and co-workers. No employee, regardless of ge er identity, should be subjected to such conduct. Sexual harassment may also occur be en same Personnel Policies Page 3 Rev. sex employees. Sexual harassment may take the form of, but is not limited to the more subtle actions: a. Deliberate or repeated unsolicited verbal comments, qus may include or physical conduc\to xual nature that is unwelcome to the cipient. b. Making or threatmake decisions affecting an em oyee's job on the basis of the acceptance l of a request for sexual intim y.c. Unwelcome sexlicit, lewd, threatening or v Igar language, sexual jokes, innuendo, or pro • suggestive comments- ewd gestures; requests for any type of sexual b(i luding repeated, u elcome requests for dates); and verbal abuse or " th tis oriented tow rd a prohibitive form of harassment, including that wexual 'i nature. d. Distribution, display or discussi including calendars, posters, ca hostility toward an individual or sounds; leering, staring; whistlii photos, text messages, Interne communication that is sexual ir, e. Unwelcome, unwanted patting, brushing up ag sexual intercourse or as 6.3 Discrimination or ai written, electronic or graphic material, on ,that are sexually suggestive or show because of sex, suggestive or insulting c tent in letters and notes, facsimiles, e-mails, >cia edia postings; or other form of aturend offensive. conta including touching, tickling, pinching ging, co ering, kissing and fondling and force8 It is a violation of City poligly to discriminate in the proJls benefits or privileges; t create discriminatory work standards that di national origin, r physical disabilib federal, state, or or local laws, in( Employment Act intended to come e, in whole or in part, based on age, sexual orientation, gender tic information, veteran status, or of employment opportunities, litions; or to use evaluative Drson's race, creed, color, sex, itity, marital status, mental or -r class/category protected by Vlaw. Discrimination of this kind may alsoa prohibited by federal, state, ng Title VII of the Civil Rights Act c 196 , the Age Discrimination in 1975, and the Americans with Disas bilitiect of 1990. This policy is with these laws. The City 4 thoroughly pursue and investigate complaints of harassme t, discrimination, or denial of civil rights and appropriate action will be taken. Conduct which Vay be in violation this policy should be reported to the Human Resources Administrator, a depa ment supervisor, or the City Attorney's office. Human Resources, the City Attorney's offic, and/or other administrative staff as appropriate will investigate, including interviews o complainant, respondent, and witnesses as necessary. If an investigation determines that an a ployee has violated this policy, appropriate discipline will be issued. Personnel Policies Page 4 Rev. November 2019 6.5 Confidentiality Throughout the complaint process, the confidentiality of the info of the individuals involved, and the wishes of the complaining p extent possible, ile allowing the City to meet its obligation to The expressed wis es of the complaining person for confidentil context of the City's gal obligation to act on the complaint anrd obtain information. 7 6.6 Retaliation Retaliation against any pe on for filing or r informally, for participating in a complaint and witness in an investigation is rohibited and Employees who believe they areNoeing retaliat94 the reporting process outlined in ection 6.y - retaliation. . .retaliation. Any person who is foun to hay enc be subject to disciplinary action up tc nd ' cluc do received, the privacy ill be protected to the astigate such complaints. will be considered in the right of the respondent to ;spo ding to a complaint either formally or instigation process, or for participating as a II be considered a violation of this policy. against in violation of this policy should follow The City will thoroughly investigate claims of aged in retaliation in violation of this policy will ing termination of employment. Harassment and discrimination is u accep ble conduct in any form, and can be the basis for a discrimination claim against the/City and! an individual employee. It is the City's position that every employee has the rigIX to work in a environment free of any type of harassment or discrimination. Consequently, 9fiy employee wrtR engages in prohibited conduct will be subject to disciplinary action, up to ang including terming 'on of employment. All employees have workplace by suppor kind and which pro community. This discrimination, or d Administrator or th Human Resource investigation. 7.1 Policy irmative duty to prevent environment that discour otes and supports diversity anti )ficludes reporting any conduct vial of civil rights to a department City Attorney's Office. Supervisors a or the City Attorney's Office to assment and discrimination in the harassment or discrimination of any inclusivity in the workplace and hat may constitute harassment, pervisor, the Human Resources �e equired to forward all reports to ;ns re appropriate follow-up and Section 7: Workplace Violence Providing a safe and healthy work environment is essential to the City of low City. Violence or the threat of violence by or against any City employee, or any other person, is rohibited. All reports of violence will be promptly investigated and appropriate action will be tak . 7.2 Definition The City defines workplace violence as any act of physical, verbal, written, or electronic Personnel Policies Page 5 Rev. November 2019 aggression affecting the workplace. This includes the destruction or abuse of property and any visual, verbal, or physical act, that warns of or expresses an ability or intent to harm or kill; is intended to intimidate or create fear, or has the purpose of unreasonably interfering with an individual's reasonable expectation of a safe, non -hostile, or respectful. work environment, whether made in peon, by telephone, mail, written or electronic comounications, or other means, including con uct that occurs outside of the workplace or durin non -working hours. All employees are requireV to refrain from any conduct th,of violates this policy, to promptly report to the Human Resou ces Administrator, a departm t supervisor, or the City Attorney's Office any incidents or threa of workplace violence, d to cooperate with any investigation of workplace violence. Empl ees are also expect to report any situation or threats of violence which may follow the into the workplace r otherwise impact other City employees. Supervisors, with assistance fro Human Re ources, are responsible for ensuring proper response, investigation and follo up on a reported or observed incidents of workplace violence. Violence, the threat of vio nce or ny other conduct that would fall under this policy must be reported to Human Resourc s as oon as the reporting party becomes aware of it. 7.4 Investigation and Follow -Up Any reported or alleged violation of is p licy will be promptly investigated by the appropriate management staff, Human Resour es, an or the City Attorney's Office. Violations of this policy may result in disciplinary action to and i luding termination of employment and/or a report to law enforcement. To the greatest extent ssible, anonymity -.II be maintained during the investigation. However, anonymity will a maintained at the dis retton of those investigating and resolving the complaint only to the/degree that it does not co romise the investigation. There is no right to or guarantee of ano mitt'. Any employee who is in good faith by reporting real, reatened, or implied violent behavior will not be subjecte to any form of retaliation or harass nt. Any retaliatory behavior resulting from a report of volence must be reported to the Hu n Resources Administrator or City Attorney's Office r investigation and appropriate action. Injured staff will receive prompt medical treatment and Human Resources will assist the supervisor with coordi response which may include a critical incident debriefing se Employee Assistance Program. 7.7 Violent Situations Outside the Workplace )riate post -incident counsel. of appropriate post -incident nd/or counseling through the In order to fulfill its obligation to protect employees from violence, employee apprise their supervisor or Human Resources of any situ City requires that an involving violence or Personnel Policies Page 6 Rev. November 2019 the threat of violence that may carry over into the workplace such as a restraining order issued for the protection of the employee, harassing or threatening phone calls, email or other electronic messages, being or suspicion of being stalked, and any other circu stance the employee perceives as threatening to the health and safety of the employee or thers in the workplace. a. vurpo This policy address how Iowa City employees should res nd to individuals carrying firearms onto ' property and into workplaces. b. Policy The City of Iowa Cit akes workplace violence seri sly. State law and City policy are designed to provide a fe work environment for eryone and acts or threats of violence will not be toler ed. However, there a situations that may fall short of threatening but nonetheles are concerning t employees and the public. City Council Resolution No. 11-55 adopt in 2011 pro ' its firearms and weapons on city property and city buses. Recent chang the City to enforce this ban as a against the City for injunctive reli not immediately require a person permitted firearm, who is not oth leave City property. If acting in to conduct regular business d cautious when a firearm is i vol in State w (HF517), however, make it challenging for erso `adversely affected" by the policy may file suit e damages. In light of this change Iowa City will possesses a weapons permit and carries a is acting in a threatening or hostile manner, to non-th atening manner, these persons may continue attend p lic meetings. However, it is best to be overly ved. When city employee observes an individual openly carrying a firearm r observes a conc aled weapon that was unintentionally or intentionally exposed o ny city property, the should calmly dial 911 to request police officer presence until t e person has left the me ting or completed their business. Note that by policy,/4vith the exception of police offs rs and the Fire Marshall, Iowa City employees /hree prohibited from carrying weapons t work. c. Procedu There arscenarios that could occur regarding t e public carrying of firearms. Procedueach are as follows: (1) C rrying a concealed weapon- in this instance the w apon is not visible and enerally no one would know it is occurring. Persons who ossess a professional or non-professional weapons permit are generally consciou of the importance of concealment and therefore carry as such. (2) Active shooter- defined as "an individual actively engaged in killi or attempting to kill people in a confined and populated area." These incidents unfo very quickly and employees should immediately dial 911 and rely on their surviv skills and training from programs such as ALICE. (3) Open carry of firearms- While open carry is rare, a person with a permit`rpay choose to do so in order to demonstrate their right to carry under the law or`tq intimidate others. Simply put, a person with a valid weapons permit could walk on Personnel Policies Page 7 Rev. November 2019 a city sidewalk or enter a city building with a handgun holstered on their hip, a pistol in their hand, or a rifle on a shoulder sling. If this occurs the following procedure will apply. If, at a pu lit city meeting (e.g. Council, board or commission) oro any city property, a city employee observes an individual openly carrying Yfirearm or observes a oncealed firearm that is inadvertently or advertently xposed, the employee sh uld stay calm and quickly evaluate the situation. order to make those presen feel comfortable and to prevent any chant of escalation the employee is to equest that a police officer come to the me Ing or workspace as a safety precauti n. The best way to achieve that is by diVn-q 911. The employee should not call the even -digit administrative phone nurpber. The Johnson County Emergency Commications Center (JECC) 911 dis atcher will ask a series of questions. i. Expressed thre t or hostility- if the p son is irate, upset or acting in a threatening or ho the manner, the em oyee should communicate that to the JECC dispatc er. Be specific nd detailed. A police officer will immediately respon in emergency ashion. ii. No expressed anger, reats hostility- the difficult part of this scenario is that employe do of know the intention of the person carrying the firearm or if th y re carrying legally. It is prudent and recommended to go out of ew of the person, dial 911 and tell dispatchers that an indivi a is carrying a firearm at the meeting, is not upset or threatening, bu hat t e employee needs a police officer to respond and stand-by. he offic r will likely approach the person and confirm they possess valid wea ons permit to carry. If the carry is legal, the officer will ren i on scene for xtra precaution until the person leaves. d. Responsibility Department Directors are an annual basis. The City past. If desired, superviso session on this or other V police response in act d onsible for reviewing th s offered ALICE and other should contact the Police D (place violence issues. The ce with the policy. policy with their employees on workplace safety trainings in the apartment to arrange a training police Chief is responsible for e. Regulation Upd e The City Manager i responsible for updates to this policy. Employees aresVongly encouraged to offer recommendations for imprAQg safety within work sites throughout the City. These suggestions may be made directly topervisors, Human Resources, or Risk Management. Section 8: Employee Relations and Conduct The work of every employee is important. Employee performance and conduct have Personnel Policies Page 8 Rev. November 2019 on an employee's success with the City and the work environment, as well as effecting the quality of service to the Iowa City community. Employees have a right to expect fair treatment and fair compensation from the City. In return, employees are expected to work diligently toward providing high levels of public service and conducting themselves in a manner that positively contribu)es to a respectful and productive work environment City employees are a acted to conduct themselves in a co eous, respectful, responsive manner and in a man r which demonstrates high ethical andards, professionalism, and inspires public trust. All 'ty employees are required to: • Refrain from gaging in conduct which uld violate federal, state or local laws and/or reflect u favorably upon the Cl or their department. • Refrain from eng ging in conducVwhich represents or could reasonably be interpreted to repre ent a conflictdf interest. • Put forth honest effort'm the odrformance of their duties. • Carry -out and support the stablished policies of the City in the performance of their job duties, regardle their personal opinions of said policies. • Decline any extraneoO fee or bratuity for work performed on behalf of the City. • Refrain from gran' g or making vai'able to any person, any consideration, treatment, advan ge or favor beyon that which is granted or made available to the public. • Immediate/1a rt to their supervisorXanside interests that may be affected by City of ity plans or activitisult in a conflict of interest or the aooearancch conflict. a. Impartiality Employees i AvoidAny action which might result in or create the Impression of using public offic , employment with the City for private gain, givXig preferential treatment to anyAJerson or entity, or losing impartiality in conductiftg City business. ain from securing privileges or exemptions for thems Ives or others beyond which would be available to the public at large. b. Use of Information Employes may not use confidential information for their own financial vantage or to provide others with financial advantages or information which could be use for financial advantage. Each employee is charged with the responsibility for ensuring that t y release or provide only information that should be or already is available to the public at I e. c. Use of City Resources \ Employees may not use or permit the use of any publicly owned resource (property, vehicle, equipment, labor, service or supplies (new, surplus, scrap, or obsolete)) for the personal Personnel Policies Page 9 Rev. November 2019 convenience or advantage of the employee or any other person other than what is generally available to the public. No City -owned property may be removed from the workplace except for the purpose of conducting City business. Use of City facilities, supplies, equipment, or worktime for supplemental employment is prohibited. d. Gifts State law (Iowa ode section 686.22, as amended) restricts gift/ralses be received by public employees r their families. As the law states, "the acceptersonal benefits from those who co Id gain advantage by influencing official actiosuspicions that tend to undermine a public trust." Compliance with the law, fasons identified therein, is of crucial i ortance to the City. / There are exceptions to t e restrictions, including acceptin onmonetary items with a value of three dollars ($3.00) less, or accepting items 7 ade available free of charge to members of the general Nblic without regard to Peir employment. However, before accepting any other gift, erhployees should con7R with the City Attorney's Office for confirmation of an available ex eotion. e. Employment Conflicts City employees may not workXTherefore side employer whose interests might conflict with those of the City. City employt a their jobs with the City to further their interest in any supplemental job. City ay not work for, or directly invest in, businesses with whom they must deal in tma f their employment with the City. f. Political Activity City of Iowa City employees afirxerc a all rights of citizenship. However, in order to obey federal and state lawsure t t the City will operate effectively and fairly, some guidelines are neceserefore the following restrictions have been established: (1) An employee shall not, hile performing official ties or while using City equipment at the employee's dispo I Le reason of their position, solicit contributions for any political party or candidate, engage in any political activi , including distribution of political messaging or mat ials. Employees shall also refrai from wearing hats, buttons, or other items with litical messaging while working, unss otherwise permitted under Chapter 20 of th Iowa Code. (2) An employee hall not attempt to influence the vote or po'tical action of another by advocating r an appointment, increase in pay, or other siness or employment advantage or that person with the City. (3) An employee who supervises employees shall not directly or Ndirectly solicit the perso supervised to contribute money, anything of value, or servlc to a candidate, a political party, or a political committee. (4) An employee who becomes a candidate for public office may request a lea of absence without pay. An employee who is a candidate for any elective office shall no campaign while on duty as an employee. Personnel Policies Page 10 Rev. November 2019 8.2 Discipline The responsibility of the City to appropriately manage its operations may occasionally require it to take disciplinary action against employees. The objective of disciplinary action is to correct behavior that violates City policies, expectations or is otherwise inappropriate, Yd maintain efficient City operations. Failure of the employee, after notice, to modify behavigKmay result in further disciplinary action up to and including termination of employment. Fu ermore, serious infractions ay result in disciplinary action up to and including terming' n of employment without prior n ce. Each case will be considered on its merits with due ' nsideration as to the nature of the offe e, the cause, the background, and the attitude of a employee. Employees in bargaing units should refer to the appropriate co ctive bargaining agreement for further clarification. Causes for DisciDline It is not possible to list all fo s of employee conduc at are considered unacceptable and impact the workplace. The fo owing list is illustraf qf, but does not include all, types of behavior or conduct for which dl ciDlinary action be taken. a. Insubordination including di: or duties, or failure to accept to undermine morale. b. Theft of city property, money, or City money, property, or vehicle duty or on City property. C. Violation of City policies Regulations, the City of I Alcohol Policy; violation issued by the City. d. Abusive or di public, fellow color, sex, na mental or ph, occurring ou environment. ,'respect, failure to perform work assignments authorized personnel. Deliberately attempting or acting in a careless or negligent manner with of personal property during the performance of ding,but n t limited to Personnel Policies, Administrative City's Subst ce Abuse Policy, and/or the City's Drug and partmental rul , or any other rules, policies, or regulations ment during the pe rmance of duty to any member of the V official, including ha ssment on the basis of race, creed, Bion, age, sexual orient tion, gender identity, marital status, or genetic information; o any behavior, including behavior ,lace, which has the effe t of producing a hostile work e. Tardinessif ret report to work, or failure to maintain a sati actory attendance record; failure to 'e appropriate person of the inability to repo to work or the need to leave wor reason. Working ("straight time or overtime) without proper authorization. Failu to accurately and timely report hours worked. Intentional abuse of the City's time keeping stem, including unauthorized punching in/out of another employee. g. Failure to satisfactorily and consistently perform the duties of the employed' position; incompetency, inefficiency, or negligence in the performance of assigned dutie loafing, loitering, or engaging in unauthorized personal business during work hours; excessive Personnel Policies Page 11 Rev. November use of personal mobile devices. h. Failure to maintain the appropriate qualifications, certifications or licenses necessary for the performance of job duties or failure to report any change or loss of said qualifications, certifications or licenses. i Unauthorized disseml ation of non-public information acquired uring the performance of duties for the City. Breach of confidentiality. Violations of the Federal D ug Free Workplace Act other state or federal regulations. Lying or providing false or ina) alteration, deletion of required application or City record. M. Cheating on an n. Inappropriate use of telephone computer or internet usage, cell property. natio either verbally or in writing; falsification, orf ure to include material information on any long-distance service, FAX/photocopy services, mobile or electronic devices or other City -owned o. Operating City equipment ory6hicles with t proper license or permit, failure to maintain any required license or per it, or failure toot ify the City of loss of any such license or permit. p. Failure to make paymept in a timely mannerforaMy employment related charges including costs for return -to -du or follow-up drug tests. q. Illegal activities of employees I employees in notification of o an /or conviction of a crime that is c c erform their job effectively or is ositions subject to criminal bacl criminal conviction to Human Resou r. Disregarr safety policies and procedures, including clothing, 9f equipment; failure to report a workplace it personn9l in a timely manner. or directly related to the ability wise job related, or failure of id checks to provide timely S. Preve table accidents; conduct resulting in damage to City eqL injury of others. Willful destruction of property of the City or any aper use of safety gear, or illness to supervisory or property or the t. Failure to provide required notification of over-the-counter or prescrip 'on medication that may impact ability to drive or operate heavy equipment (when drivIR9 or equipment operation is a required duty of the position); failure to provide copib§ of any work restrictions applicable to the required duties of the employee's position; fa l re to comply with work restrictions. U. Activity which involves conflict of interest or use of city employment for personal V. Conduct which negatively impacts the City's ability to effectively conduct its operations; Personnel Policies Page 12 Rev. November 2019 disruptive behavior; sleeping or giving the appearance of sleeping during working hours; engaging in horseplay, roughhousing, or disorderly behavior during work hours or while on work premises. 8.3 Weapons No employee of the City of Iowa City shall carry a weapon while on du .Weapons include but are not limited to firearms, knives, explosives, and tasers or ther similar electronic immobilizers. Weapons are of allowed on City property or in an mployee's vehicle when parked on City property. Issu nce of a weapons permit does no exempt an employee from these provisions. However, s m officers of the Iowa City Pol' a Department and the Fire Marshal are exempt from this re triction. 8.4 Appearance -Grooming Employees are expected to maintaia level of F considerate of other employees, and rojects an community and others with whom the a loyee m (1) For employees in the field during of s appropriate for the workplace are acc I pants for protection. For employees w kin! allowed. All employees are expecte to e and public contact. (2) Employees provided uniforms ayt; required appearance and grooming that is that inspires the confidence of the )ciate in the course of work. mer weather, dress shorts and a T-shirt attire, unless safety concerns require long in air-conditioned buildings, shorts are not r clothing appropriate for a business office the uniform provided. (3) Dress down or casual day, nerally observed n Friday unless otherwise designated by the City Manager, is an pportunity for empio es to deviate from more formal attire for the day. Employees st dress appropriately f an office environment, even when casually dressed/rrain (4) Employees shoufrom wearing clothing which epicts images or text that are not appropriate ting as a representative of the ity such as images of guns, political messagiar language, etc. Employees are requirjKd to adhere to health, safety, and sanitation standards while at work. The Cityaims t ' e sensitive to individuals with perfume and chemical sense vities. Employees should minimi p use of scented personal products including but not limited tR cologne, after- shave, perfunie, deodorant, lotions, hair products, air fresheners, room deodo' ers or similar products. 8.6 Personal Activities Conducting personal or non -work related activities is discouraged during work hours, except in emergencies and with the approval of the supervisor. Personal business should be condu d during designated break times or during unpaid lunch breaks. When possible, personal phone calls should be made from a phone away from areas used by the public to conduct business and away from other employees who may be distracted by such personal calls. Personnel Policies Page 13 Rev. November 2019 8.7 Supplemental Employment Supplemental employment outside the employee's assigned City working hours must in noway interfere or conflict with the satisfactory performance of an employee's City duties. Supplemen- tal employment that either creates or gives the appearance of a conflict of interest is prohibited. No employee- s to conduct any supplemental employment during their schedul d working hours unless they a� using pre -approved leave. Supplemental employment is not Oncouraged. If an employee is nable to perform theirjob for the City due to injury or, illn s, work for another employer during w at would be the employee's City work hours is a ressly prohibited. A waiver of this provisl n may be given if the employee presY�fd nt evidence to Human Resources from their p sician that the employee's medical uld preclude fulfillment of the employee's duties ith the City, but that the nature ofn would permit work at alternative outside employ ent. Failure to comply with this plt in disciplinary action up to and including terminat gn of employment. 8.8 Religious Holidays Every reasonable effort will be ma to participate in bona fide religii accrued vacation time, compense be used to cover such absences. 8.9 Education Advance approval from the City any educational program during or directed by the City. Conside the City, and a demonstrated at their positions. Employees ar€ regular hours, whenever pos , ,commoda)d employee requests for release from work idays or ervices. Once approved, personal leave, ie, or irlAhe absence of any of these, unpaid leave may Aana er is ecessary for an employee to attend or engage in for al work g hours, other than that which may be provided ajj n of such quests will be based upon the direct benefit to qty of employe to effectively carry out the responsibilities of encouraged to chedule educational programs outside of Employees who are r wired to drive vehicles or oper a heavy machinery are required to inform their superviso when taking over-the-counter or p cribed medication which carries a warning label indic ing that the medication may impact \prider, to perform those duties safely. Employees wh are issued work restrictions by a health caincluding for conditions which are n work-related, must provide a copy of thoctions to their immediate supervisor. mployees with questions about whether a pstriction is considered a work restriction should discuss the restriction with Human Resour s before providing the information to the employee's supervisor. Failure to comply with these requirements will be grounds for disciplinb�`�Ip to and including termination of employment. \\ 8.11 Breastfeeding Breaks The City will provide reasonable break time for nursing mothers to express breast milk for a Personnel Policies Page 14 Rev. November 2019 nursing child for one year after the child's birth each time such employee has need to express the milk. In addition, the City will provide a private space, other than a bathro m, which may be used by the employee to express milk. If assistance is needed in coordin ing the use of private space, employees may contact Human Resources. Employees in sitions administrative re ulatiol description, are r uire convicted of a crime th conduct an individuali employee's ability to co staff and the City Atton sensitive under the Crim which are subject to criminal backgroun checks under the City's i on Criminal Background Checks in ring, as noted in the job J to notify Human Resources within en business days of being ;r than a simple misdemeanor traffic ffense. Human Resources will J assessment to determine the im ct a conviction may have on an �nue in their current role and will onsult with appropriate supervisory lea's Office as necessary. Lryrployees in a position designated as which would have preclude determined to no longer m termination of employment or :kground Checks in 'ing policy who are convicted of a crime them from being red into the position, may likewise be tithe requireme7 of the position and may be subject to NK discipline. Section 9: Whistleblo It is the policy of the City that all emplo es e employee reasonably believes to bei proper employee, to the extent such a repo is not exp reprisal or retaliation against any a ployee who Any action by any employee Or official that: & State Ombudsman's Office encouraged to report information or conduct the overnmental actions by any City official or ssly prohibited by law. The City prohibits i good faith makes such a report. • Is undertaken in t� performance of their duties, i scope of the emp yee's or official's employment; • Is in violation o any federal, state or local law or rule; • Is mismanJament; • Is an abus authority; or not the action is within the Is of sub,6tantial and specific danger to the public health or • Is a g r6ss abuse of public funds. or The City will thoroughly investigate complaints of improper governmental action. mployees should promptly report information or conduct they reasonably believe constitutes proper government action to their supervisor, the City's Human Resources Administrator, o the City Attorney's Office. Supervisors receiving reports of potential improper governmental ac' n are required to promptly notify the Human Resources Administrator or City Attorney's Office the report to ensure appropriate investigation, documentation and follow-up takes place. Personnel Policies Page 15 Rev. November 2019 9.3 Retaliation Prohibited The City may not retaliate against an employee who makes a good -faith report of conduct the employee reasonably believes to be improper governmental action, including n internal report as outlined above or the disclosure of information the employee belie s constitutes improper governmental action to a member or employee of the general as,,s6mbly, an official of or person providing human resources management for that political s division or any other public official or law-enforcement agency. In addition to the reporting prbredure described above, emplo ees may contact the State Ombudsman with reports of im per governmental action. Pursuant to the Iowa Ombudsman Act, Iowa Code Chapter 2C, the Slate Ombudsman's Offs has authority to investigate complaints about improper action or action taken by ggOernmental entities. The State Ombudsman's Office is a non-partisan Section 10: The City sponsors an Employee Assistance and their family members with a variety difficulties, physical, emotional or persoIE available as a confidential service for in orr and magi be reached at 1-888-426-6283. Program (EAP) as a means of assisting employees as including marital, family or financial n , and substance or alcohol use. It is to term counseling, and referral to other community resources. While the progr m is in no way m\APto nterfere with the private life of the employee, employees are encou aged to contact thdiscuss a personal problem before it affects their work performa ce. Any voluntary innt with the EAP will be strictly confidential and not reported to th City. Employees mact the EAP by calling 319- 351-9072. In the event work pe ormance is affected, atory referral may be made by an employee's supervisor. Whe a mandatory referral isa employee is required to be seen by an EAP Counselor w o may report the emplondance, ability to work, and completion of any recomme ed follow-up treatment toy. The City is not provided a diagnosis and all discussion between the employee anlo remains confidential. Substance Abuse All City employees are eligible for and encouraged to seek treatmen alcoholism, problem 'nking, or substance abuse through the City's Program, or other av ilable community resources. Alcoholism or drug a are not causes for discipline. However, if they impact job performance, work performance, ability to carry out required duties, inter -personal or disciplinary action may be taken. Nothing in this section relieves emplc for their own conduct on the job. Section 11: Substance Abuse Policy 11.1 P01icv and rehabilitation for :mployee Assistance diction as conditions luding attendance, p blic relations, etc., yes of responsibility The City of Iowa City is dedicated to providing safe, dependable, and efficient services to our Personnel Policies Page 16 Rev. November 2019 citizens. City of Iowa City employees are our most valuable resource and it is r goal to provide a healthy, satisfying working environment. In meeting these goals, it is ou policy to (1) assure that employees are not impaired in their ability to perform assigned d ies in a safe, productive, and healthy manner; (2) create a workplace environment free om the adverse effects of drug abuse and alcohol misuse; (3) prohibit the unlawful manyy acture, distribution, dispensing, possession, or use of controlled substances; and (4) to e dourage employees to seek professional assistance any time personal problems, in ding alcohol or drug dependency, adversely affect their ability to perform their assigne duties. 11.2 Purpose The purpose of thiepolicyisto assure worker fitness for ty and to protect our employees and the public from the risks posed by the misuse of dru or alcohol or by the use of prohibited drugs while balancing respect fbr individual privacy. This policy is also intended to comply with all applicable Federal regulatio s governing wgtkplace anti-drug and alcohol programs, including the federal Drug Free W kplace Act opl 988. 11.3 Applicability This policy applies to all City emplo, on City property or when performing site lunch periods or breaks when an the terms and requirements of this Nothing herein relieves employees of their responsibilities under that c 11.4 well as contractors or volunteers; when they are -related business. This policy also applies to off - e is scheduled to return to work. Compliance with s a condition of employment for all employees. �t to the City of Iowa City Drug and Alcohol Policy a. Illegally Used Cont Iled Substances or ru Any illegal drug or any, ubstance identified in S e Controlled Substanc Act (21 U.S.C. 812), and through 1300.15. T is includes, but is not limited phencyclidine (PC , and cocaine, as well as any d U.S. Drug Enforc ment Administration or the U.S. use includes us of any illegal drug, misuse of leg; obtained presc ption drugs. ales I through V of Section 202 of the further defined by 21 CFR 1300.11 marijuana, amphetamines, opiates, 3 not approved for medical use by the �Od and Drug Administration. Illegal y rescdbed drugs, or use of illegally b. Misuse/ buse of Legal Drugs The appro rlate use of legally prescribed drugs and over- e -counter medications is not prohibiteHowever, the use of any substance which carries warning label that indicates that mental functioning, motor skills, or judgment may be 6Versely affected must be reported to supervisory personnel and medical advice should bsought by the employee, as appropriate, before performing work-related duties. A legally prescribed drug means that individual has a prescription or ther written approval from a physician for the use of a drug in the course of medical treatmen . Legally prescribed drugs must be carried in their original container with a label which in udes the patient's name, the name of the substance, quantity/amount to be taken, a d the period of authorization. The misuse or abuse of legal drugs while performing ity business is prohibited. Personnel Policies Page 17 Rev. November 2019 The City reserves the right to take appropriate action (including relieving the employee from work) if the use of a prescribed or over-the-counter medication is impairing ori deemed likely to impair the employee's faculties or work performance. c. Alcohol City employees are prohibited from consuming alcoholic beverages d from possessing containers of alco�iolic beverages with a broken seal while on City emises or on duty. a. Manufacture, Tr ffi king, Possession, and Use City of Iowa City emplo e s are prohibited from enga ' g in the unlawful manufacture, distribution, dispensing, o session, or use of prohi ed substances while working, on City premises, in City vehl I , in uniform, or whit on City business, or from reporting to work following use of a p ibited substance./Employees who violate this provision will be subject to disciplinary n up to and i uding termination of employment. Law enforcement shall be notified, ppropriate where criminal activity is suspected. b. Alcohol Use No employee shall report for dut assigned duties is impaired by alci or during the hours that they are on alcoholic beverages on breaks or, and subject to disciplinary action d, emain on duty when their ability to perform No employee shall use alcohol while on duty, I: ity employees are prohibited from consuming t I nc Violation of these provisions is prohibited to a d.cluding termination of employment. c. Treatment The City recognizes that d and alcohol \ddi, problem. The City also re gnizes drug anand security problem. AI employees are eProgram (EAP) for treat ent of drug oralcUnder certain circum ances, employees substance abuse or cohol misuse. Any employe City requirements or treatment, after care, or disciplinary action up to and including termination allowed to use or/ umulated sick leave and other a in a prescribed habilitation program. ncy is an illness and a major health I abuse as a potential health, safety ed to use the Employee Assistance eand/or illegal drug use problems. quired to undergo treatment for o refuses or fails to comply with et to duty shall be subject to of loyment. Employees will be ;crua as appropriate to participate The EAP pro ides a constructive way for employees to dealh alcohol or drug-related problems b fore they interfere with continued employment owever, an employee must conl4iue to comply with City policies, meet attendance, jo erformance, and safe and sober behavior standards while seeking assistance from EA or another treatment provider. d. Notifying the City of Criminal Drug Conviction The Drug Free Workplace Act of 1988 mandates that employees a required to notify the City of any criminal drug statute conviction for a violation occurrin in the workplace or off City premises while conducting City business within five days after such conviction. The City will take appropriate disciplinary action and/or require the employee to participate in a rehabilitation program within 30 days of receiving notice of any conviction under a criminal drug statute. Failure to comply with this provision shall result in disciplinary action, up to and including termination of employment. Personnel Policies Page 18 Rev. November 2019 11.6 Proper Application of the Policv The City of Iowa City is dedicated to assuring fair and equitable applicatiop of this substance abuse policy. Supervisors are required to use and apply all aspects of this [icy in an unbiased and impartial manner. Any supervisor who knowingly disregards th requirements of this policy, or is found to have deliberately misused the policy in regard Y subordinates, shall be subject to disciplinary action, up to and including termination of employment. a. vre-tmpl,oyme t All applicants for pose drug and alcohol progr of employment. Rece starting employment. the conditional offer of a period of one year. Drug Testing ons covered by Federal 3 s shall undergo urine pt the City of a ne a ail of a pre-emp yrr emplo ment and II dis ulations governing workplace anti - testing following a conditional offer drug test result is required prior to drug test will result in rescission of ify, an applicant for employment for City employees not currently in a sition covered by Federal regulations governing workplace anti-drug and alcohol grams who apply for a position covered by said Federal regulations must pass urin drug test following the offer of a transfer into a position covered by Federal r gulatio s governing workplace anti-drug and alcohol programs. IJ. Reasonable Suspic' n Testing Employees are expecte nd required to rep to work on time in an appropriate mental and physical condition The City reserves th right to test employees when there is reasonable suspicion at the employee is imp 'red, that their work performance or on- the-job behavior ha been affected in any way drugs or alcohol or the employee is otherwise unfit for utv. Reasonable su icion testing is drug or alcohol tes ing based upon the evidence that an employee i using or has used alcohol or other dr gs in violation of this policy. This evidence is rawn from specific objective and a 'culable facts and reasonable inferences awn from those facts in the light of exp er nce. For the purposes of this policy and rocedure, facts and inferences may be base upon, but not limited to, any of the foil ing: (1) Dir t observation of alcohol or drug use or abuse. (2) P sical symptoms or manifestations of being impaired wh a at work due to alcohol 0 other drug use such as, but not limited to, the smell of Icoholic beverages or rugs emanating from the individual, reddened eyes, dilate r constricted pupils, flushed or pale complexion, extensive sweating or skin clamminess, unfocused/blank stare, disheveled clothing, unkempt grooming, runny or bleeding nose, possible puncture marks, wetting lips frequently, complainin of dry mouth or nystagmus (involuntary jerky eye movement) deterioration of wo performance, errors and irregularities in work performance. (3) Unexplained changes in behavior or personality such as, but no limited to, hyperactivity, fidgety, agitated, breathing irregularly or with difficulty, na sea, slow reactions, unstable walking, poor coordination, hand tremors, shaking, sle ing on Personnel Policies Page 19 Rev. Novemb r 2019 the job, irritable, moody, suspicious, paranoid, depressed, withdr n or a lackadaisical attitude. (4) Unexplained changes in speech such as, but not limited to, lurred/slowed, loud/boisterous, quiet/whispering, incoherent/no r etitious/rambling, clicking sound with tongue, rapid, excessive talkativeness, ex gerated enunciation or cursing/inappropriate speech. (5) A report of alcohol or other drug use while at work provide y a reliable and credible source. (s) Eviden hat an employee has manufactured sold, distributed, solicited, possessed, u d, or transferred illicit drugs or con med alcoholic beverages while at work for the Ci or while operating City vehicl s, machinery or equipment. Employees found to bei paired by prohibited ubstances or employees who fail to pass a reasonable suspicidn, drug or alcohol JWst administered under federal or state regulations shall be removed rom duty and subject to disciplinary action, up to and including termination of emplogKnent. c. Post Accident Testing. The City reserves the right to test accident when one or more of the a fatality in which a City any individual suffers be ➢ one or more vehicles in s for drugs and alcohol after a work-related conditions are present: involved; n at the time of the accident; damage and require towing/removal from the scene; the accident r/onditions cumulative r( reasonably estihe time of th c the City employs a citation fo If none of the abovare present, would like to be totarily for drugs testing at the City'( damage of $5,000 or greater as t:• or moving violation.` the employee involved in the accident alcohol, the employee may submit to Following an ac (dent, the employee will be teste < before testing yhay not to exceed eight (8) hours fo , drugs. An errYployee subject to post -accident testi may be dee ed by the employer to have refused to *Employos subject to DOT guidelines are require ents of the Drug and Alcohol Policy. d. Refuse to Test Refusal to submit to an alcohol or drug the consequences of a positive test. soon as possible, but time elapsed Icohol and thirty-two (32) hours for kshall remain readily available or ubmit to testing. to the post -accident testing Refusal to test includes, but is not limited to, such behavior as: (1) Failure to report in a timely manner to a collection employment test). Once notified an employee is to imm testing site. (except for a pre - Ry go directly to the Personnel Policies Page 20 Rev. November 2019 (2) Failure to remain at the testing site until the testing process is for a pre-employment test). (3) Failure to provide a urine specimen for any drug test rec agency regulations (except for a pre-employment test). (4) Int case of a directly observed or monitored collectio per 't the observation or monitoring of provision ofa (5) Failur to provide a sufficient amount of urine or by� has bee determined, through a required mei adequate edical explanation for the failure. (s) Failure or cline to take a second test the C ke. to ta (7) Failure to un - MRC as part o the procedures 1 amount of urine ) a medical ex e verification p situations in wh \permit a drug t (S) Failure to cooperat with pockets when so dir cte that disrupts the colle til required urine/breath spii (9) For an observed collecti( clothing above the waist, permit the observer YUE devices that could be(10) Possess or wear a pr the collection 1 (11) Admit to the c( (12) Failure to sign (except this part or DOT a drug test, failure to ath when directed, and it uation, that there was no or collector has directed them Al or evaluation, as directed by the , or as directed by the City as part of employee does not provide a sufficient any part/6f the testing process (e.g., refusal to empty I by thy collector, behaving in a confrontational way n pr ess) or verbal or written refusal to provide a allure to follow the observer's instructions to raise \erothing and underpants, and to turn around to if there are any types of prosthetic or other rfere with the collection process. ther device that could be used to interfere with or MRO that the specimen was adulterated or substituted. tification at Stei\2 of the Alcohol Test Form. (13) `The refusal t take a non -DOT drug o alcoh not a refusal take a DOT test. s 11.8 Conse uencefor otic Violations Violations of this polic resulting in personal injury, injuryto the public or violati ns resulting in damage to public or termination on the f st offense. test or sign a non -DOT form is employee or member of property may result in a. Positive lest Results An employe who is in their initial probationary period and re\ -probationary positive drug and/or alcohol tes result will have their employment terminated. A employee's first confirmed positive drug or alcohol test will result in a requhat the employee be evaluated by an EAP counselor with subsequent referral and if necessary. Failure to undergo the required EAP evaluation or to comply with ment plan, including required testing, will result in termination of employment. b. Second Positive Test Results If an employee who has previously tested positive under the City's drug alcohol testing program tests positive on a second occasion, the employee will be terming d. Personnel Policies Page 21 Rev. November 2019 c. Refusal Consequences An employee who refuses to submit to a reasonable suspicion or post -accident drug/alco of test will be treated as if the employee had a positive test result. The employee shall be permitted to finish their shift and shall immediately be placed on administrati leave pending disciplinary action up to and including termination of employment. d. Fo low -Up Once r rned to duty, employees may be required to undergo u nounced follow-up testing. Su testing will take place just before job duties are pert ed, during job duties, or just after th mployee performed job duties. The frequency d duration of the follow- up testing will be commended by the EAP counselor or tre g entity. e. Invalid Drug Tes The result of a urine dr test is considered invalid ifKIrpohrysical tains an unidentified adulterant or an unidentified interfe g substance, has abno characteristics, or has an endogenous substance at n abnormal conce r tion that prevents the laboratory from completing or obtaining a val drug test resul f. Violations Violations of this policy will result i di i inary action, up to and including termination of employment. Section 12: License, and Insurability Requirements Certain positions within the Ci quire the poss sslc or certification. If a position such a requirem t, when the job is posted and I be included in the jo while an employee is in a sition, the employee will 1 given a reasonable amo t of time to comply with & fails to obtain a license certification required for the subject to discipline requirements. No City empl operates a C vehicle being to and including terming n and maintenance of a specific license it will be listed in the job announcement description. If the requirement changes ceive notice of such change and will be requirement. If an employee loses or pition they hold, the employee may be :ion for failure to meet minimum job operate a City vehicle without prope licensing. Any individual who on the public right-of-way without a lid license appropriate to the be subject to disciplinary action up to aN including termination. EmployeeA required to possess and maintain a valid Iowa driver's lice e, chauffeur's license, or Commercial. Driver's License (CDL) are responsible for monitoring tN expiration date and renewing their license prior to the expiration date. If an employee's lic nse is suspended, revoked, or cancelled, it is the employee's responsibility to notify their supervisor at the beginning of the first work day after receiving notice of the action. Employes are prohibited from driving any City vehicle without the appropriate valid license and are requid to carry their license with them while operating City vehicles or driving on behalf of the City.11 The City periodically runs driver's license checks on employees who must have a license as a job requirement, as well as employees who drive City vehicles in the course of their Personnel Policies Page 22 Rev. November 2019 employment. An employee who has a license that is current at the time of the license check, but whose record shows it was suspended, revoked, or cancelled in the period of time since the last check, is subject to disciplinary action if they drove a Cityvehicl during that time and/or failed to notify their supervisor of the suspension, revocation, or cancel tion. that who are required to have a valid license will be subject to disciplinary ac' n up to and including termination of employment if they allow their license to expire and arable to perform their work duties. \ Employees required to podVess and maintain a valid Com rcial Driver's License must meet the following notification req irements: a) Notify the Human Resorc except parking (this incl no matter what type of ve if the infraction occurred Notification of Conviction Resources Office. Office within 30 dayt of a conviction for any traffic violation, pleading guilty a d paying a fine). Notification is required e the individuaywas driving at the time of the infraction or f duty. Suc notice must be provided by filling out a ( Driver Vi9fations Form and submitting to the Human b) Notify employee's supervisor ifeir icense is suspended, revoked, or cancelled, or if the employee is otherwise disqu I' ied from driving. Such notice must be made at the beginning of the first work day f wing knowledge of the suspension, revocation, or cancellation. Employees must ovl a such notice to their immediate supervisor (or in their absence to the individual cting ' that capacity). Failure to provide required Votice of a tN or cancellation may result k disciplinary 12.3 Insurability Employees required to I under the City's estab excessive or serious including termination of A work permit does install an ignition int 13.1 Personnel Files > and maintain a valid standards for insura is will subject an er violation or license suspension, revocation :)n up to and including discharge. meet the City's requirement for a ;k device on any City vehicle to m Section 13: Personnel 's license must also remain insurable Failure to remain insurable due to :e to disciplinary action up to and license. In no event will the City requirements of a work permit. Personnel files are the property of the City. It is the policy of the City to ermit access by all City employees to their personnel file maintained in the Human Resources ffice. Access to these files and the information contained in them is generally limited to the mployee (or former employee), appropriate supervisory personnel, appropriate administrative ersonnel and third parties authorized in writing by the employee (i.e., union stewards, attorne s, etc.). The file information may also be accessed and utilized in situations involving busine operations. Information related to education, employment and job performance will be maintained in these Personnel Policies Page 23 Rev. November 2019 files. Confidential medical records and benefits information are maintained separately from an employee's personnel file. City employees are permitted access to their personnel files during regular Human Resources office hours. Employees are permitted to examine, take notes, and make copies of any materials in their file. Em loyees wishing to examine their files during work hours ust have the permission of their u rvisor to leave their work site. A Human Resources aa -member must be present during t 's examination. An employee may request correctio of any alleged misinformation contained the file. If this request is denied, the employ will receive an explanation of the reason ereof, and will be permitted to place a c cise statement of disagreement in the file. Employees are encouraged N information such as degrees o through the Neogov learning r update personal information wl emergency contact. Employees portal. 13.2 Medical Files keep their personnel files up -td -date with all job-related wined. Certification and trainingf records can be maintained 3ement system. In addi n, employees are required to hey experience a cha a of name, address, phone, or maintain this inform (lon through the Munis self-services Employee medical records' are persona medical file. Medical files are subject to th Portability and Accountability Act of 1996 information without the express written 'Worker's compensation files are Department policy addressing accea 13.3 Public Information co and c fidential and will be maintained in a separate priv cy restrictions imposed by the Health Insurance VJWAA). The City of Iowa City will not release such rAent of the employee, except as required by law. by Finance and are subject to Finance r of those records. The following employee inform ion is classified asblic Information" under Section 22.7 (11) of the Iowa Code and will, up n request, be provide to any individual or institution by Human Resources: • Emplo/ter • Emplonsation including any written ag ement establishing compensation or any otof employment excluding any in rmation otherwise excludable from publicn pursuant to Iowa Code Chapter 7 or any other applicable provision of law.ation includes any money, thing of lue, or financial benefit conferred in retuor or services rendered by an offic or employee plus the value of benefired including but not limited to ca alty, disability, life, or health insurar health or wellness benefits, vac n, holiday, and sick leave, severance payments, retirement benefits, and deferred mpensation. • Dates of employment • Positions held with the City • Educational institutions attended and degrees and/or diplomas earned • Previous employment information including names of previous employers, positions previously held, and dates of previous employment • The fact that an individual resigned in lieu of termination, was discharged, or was demoted as the result of disciplinary action, and the documented reasons and rationale Personnel Policies Page 24 Rev. November 2019 for the resignation in lieu of termination, the discharge, or the demotion. Should Iowa Code Section 22.7(11) or other Iowa law be amended to either enlarge or restrict what employee information is classified as "Public Information" under Iowa law, the City will modify its practices accordingly without further notice to employees. Information such as adi cess, telephone number, birth date, social securi number, etc. is not public information and wi not be released unless requested in writing the employee. 13.4 Job Description Copies of job descriptions are or on the City's website. Job and requirements change. 13.5 Position Classification All positions are classified according tN departmental needs. A major change classification. Requests for review of e Resources Administrator by any employ Resources Administrator. All position accordance with applicable labor contra by Human Resourc and are available upon request are periodically iropeviewed and updated as job duties job duti s, responsibilities, entry requirements, and the a factors may necessitate a review of job I ossification may be addressed to the Human e, y a supervisor, or may be initiated by the Human s 'fication review requests will be reviewed in All City positions have been cl sified as non-e\for exempt under the Fair Labor Standards Act (FLSA). Non-exe t positions are eliertime at a rate of one -and -one- half times their regular hourly r e forwork in excesrs in a week. Exempt positions are not eligible for FLSA ove ' e.Tobeeligiblefoertime a non-exempt employee must perform 40 hours of wo in a week; paid times sick leave and vacation does not count toward the 40 ho s. Overtime is subjectsory authorization. Employees who work overtime without ppropriate authorizationbject to disciplinary action. Police Officers and Firefighters are subject to the FLSA 207(k exemption. Firefighters are assigned to a 27-daZomplaint 4 hour FLSA cycle and Police Officers a e assigned to a 14-day/86 hour FLSA cycle. To report a FLSA or violation employees may contact he Human Resources Administrator or C4 Attorney's office. a. Management Conflict It shall be a violation of this policy for the spouse, domestic partner'&,r partner by cohabitation, children, mother, father, son-in-law, daughter-in-law, m er-in-law, father-in-law, step-parent, brother2, sister2, brother-in-law, sister-in-law, graftkarents and grandchildren, foster child, persons who are parents of the same child, and persons with whom the employee is in an intimate relationship3 of the City Manager, Assistant City Manager, Assistants to the City Manager, City Clerk, City Attorney, Personnel Policies Page 25 Rev. November 2019 Department Directors, Division Heads, or Human Resources staff to become employed by any department of the City. b. Chain of Command Conflict It shall b\eployee eral policy of the City that no person shall a hired, assigned, promotederred to a department of the City or to a div' on thereof when, as a result, tyee would routinely be directly or indirectly upervising orreceiving direct or ipervision from a member of the employ 's immediate family. For the purposubsection "members of the immedi a family' include all of the relationshled under the Management Conflic provision (13.7 a) and also include a, iece, nephew, and first cousin. When a prohibited famkal relationship is created cj6ring the course of employment, reasonable efforts will be ade to find an accept le alternative or to eliminate the situation by transfer or rea signment of one of a employees. Affected employees will first be given the option f deciding which mployee will transfer or be reassigned. If no choice is in cated, senioryj will be the governing factor and the least senior employee will be s bject to tr, sfer, reassignment, or termination. Individuals actively employed November 1, 2011 will be gra remain City employees. 'This includes step -children and children responsibility). 2Brother and sister are defined to 3An intimate relationship means a involvement. An intimate relation; business or professional capacity. in violation of this expanded policy on under the previous policy and allowed to employee stands in loco parentis (assumes parental half -siblings. it romantic invoTyement that need not include sexual not include cas l social relationships or associations in a a. Resignation Employees are expected t give at least ten (10) working\Supe e prior to the effective date of resignation. Th notice should be in writing ted to the immediate supervisor. Generally, t e termination date shall be the elast day in attendance at work, except in case of medical disability. Generally, employe will be required to be at work on ay. Use of extended vacation time prior o separation from service is not allowisors may approve no more than two calendars weeks of paid time off wime calendar month immediately preceding the employee's resignation effecti b. Retirement Terminating employees may be considered retirees if they have submitte the appropriate forms to receive a retirement benefit from their applicable pension or retire entprograms. Sworn employees in the Police and Fire Departments will retire under the un rc al Fire and Police Retirement System of Iowa (MFPRSI); other City employees will re ti under the Iowa Public Employee Retirement System (IPERS). Personnel Policies Page 26 Rev. November 2019 Employees must contact the retirement system directly to initiate the retirement application process. Generally, employees will be required to be at work on their last day. E ended vacation time prior to separation from service is not allowed. Supervisors may approve no more than two calendars weeks of paid time off within the same calear month immediately preceding the employee's retirement effective date. c. Benefits Termination Upon notice of resign tion, termination, or retirement being received Human Resources, applicable informatio regarding continuation of insurance cov age, benefits payout, IPERS benefit or refu , final check, and other information ill be forwarded to the employee. Human Resources will provi a Information to term inatin employees, answer questions, and assist employees. Howev , it is the employee'sres onsibility to complete and submit all forms to the applicable agenc . d. Exit Interviews Permanent employees will be provid an e/ierview y prior to their last day of employment. If an employee wishes to participate in n ein addition to or in lieu of providing feedback via the exit survey, exit intery wsconducted by Human Resources staff or City Manager's Office. Safety All City employees are responsible for ompletion f job assignments in the safest manner possible. Prime /use eration will be given to the fety of City employees and the public. Employees will noquired to an should not work'n areas or operate equipment which is a safety hazard toselves or th public. Employee are required to report unsafe working conditions to thmediate upervisor. The Iowa Occupational Health and Safety Administration eses indu rial standards for man City work functions. The City is committed to come with t ese and other applicable st ndards. a. Employeest we appropriate safety equipment/c thing, as required. Employees will receivepri to training and are expected to folio appropriate safety standards. b. Employeest ear seatbelts in all vehicles that are eq 'pped with seatbelts, as provided by st c. Smoking, iing use of e -cigarettes or other vaping device , is prohibited in all City vehicles, aent, buildings, and grounds. d. City employees shall not wear or use radio headphones, earpho s, or other similar devices at any time while at work, unless such devices are authori d by the Depart- ment Director/Division Head. Telephone headphones are permit d for business phones with the supervisor's approval. e. Employees will handle property and equipment of the City with due care a ropria te to the nature of the work and equipment used. Writing, sending, viewing an lectronic message or talking on a hand-held communication device while driving is strictly Personnel Policies Page 27 Rev. November 2019 prohibited. Employees who act in a manner which endangers the safety of themselves or others are subject to disciplinary action up to and including termination of employment. Treatment for work related injuries must be provided by the -provider designated by the City. Trea ent by another physician will be allowed only pon referral from the City's designated eatment provider. Failure to use the City's esignated treatment provider for a work -r ated injury may result in denial of yment of claims by Worker's Compensation. Worker s Compensation questions ould be directed to the City's Risk Manager. Personnel Policies Page 28 Rev. November 2019 Item Number: 6.d. 1 CITY OF IOWA CITY ��.:. -dry in � at COUNCIL ACTION REPORT December 3, 2019 Resolution rescinding Resolution No. 19-232 and adopting an updated DOT Drug and Alcohol Policy. Prepared By: Karen Jennings, Human Resources Administrator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Drug and Alcohol Policy Executive Summary: The City's DOT Drug and Alcohol Policy has been updated to include new Federal Motor Carrier Safety Administration (FMSCA) Clearinghouse requirements. Background /Analysis: The FMCSA has established a clearinghouse for drug and alcohol violation information. The City is required to be in compliance with the FMCSA Clearinghouse regulations and requirements by the January 6, 2020 effective date. The City's DOT Drug and Alcohol Policy has been updated to include the FMCSA Clearinghouse requirements. ATTACHMENTS: Description Resolution Drug and Alcohol Policy Prepared by: Karen Jennings, Human Resources Administrator, 410 E. Washington St.., Iowa City, IA 52240 (319) 356-5025 Resolution Number. 19-280 Resolution rescinding Resolution No. 19-232 and adopting an updated DOT Drug and Alcohol Policy. Whereas, federal law mandates alcohol and drug testing programs for employees in Department of Transportation safety -sensitive positions; and Whereas, Resolution No. 19-232 adopted by the City Council on September 17, 2019, established the existing DOT Drug and Alcohol Policy; and Whereas, the program and policy have been updated to include new Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse requirements. Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa that 1. The existing DOT Drug and Alcohol Policy established by Resolution No 19-232 is hereby rescinded. 2. The DOT Drug and Alcohol Policy attached to this resolution and by this reference made a part hereof is hereby established and adopted. Passed and approved this Ird day of December _,2019 Ma r AEttorne' by r Attest: Ci Clerk s Office It was moved by Mims and seconded by Salih the Resolution be adopted, and upon roll call there were: AYES: 014 X X X X X X NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton ("j City of Iowa City Drug and Alcohol Policy — FTA and FMCSA City of Iowa City Drug and Alcohol Policy Effective as of December 3, 2019 Adopted by: City Council Resolution No. 19- Date Adopted: 12/03/19 Last Revised: November 2019 City of Iowa City Drug and Alcohol Policy — FTA and FMCSA Table of Contents 1. Purpose of Policy.................................................................................................................................1 2. Covered Employees.............................................................................................................................1 3. Prohibited Behavior............................................................................................................................ 2 4. Consequences for Violations...............................................................................................................3 5. Circumstances for Testing...................................................................................................................5 6. Testing Procedures..............................................................................................................................9 7. Test Refusals........................................................................................................................................9 8. Prescription Drug Use.......................................................................................................................10 9. FMCSA Clearinghouse.......................................................................................................................10 10. Contact Person..................................................................................................................................11 Attachment A: Covered Positions...............................................................................................................12 City of Iowa City Drug and Alcohol Policy — FTA and FMCSA I. Purpose of Policy This policy complies with 49 CFR Part 655, as amended, 49 CFR Part 382, as amended, and 49 CFR Part 40, as amended. Copies of Parts 655, 382, and 40 can be found on the Internet at the Department of Transportation (DOT) Office of Drug and Alcohol Policy and Compliance website h!Ltp://www.transportation.gov/odqpc. All covered employees are required to submit to drug and alcohol tests as a condition of employment in accordance with these regulations. Portions of this policy are not DOT -mandated, but reflect the City of Iowa City's policy. These additional provisions are identified by bold text. In addition, DOT has published 49 CFR Part 32, implementing the Drug -Free Workplace Act of 1988, which requires the establishment of drug-free workplace policies and the reporting of certain drug-related offenses to the FTA. All City of Iowa City employees are subject to the provisions of the Drug -Free Workplace Act of 1988. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the covered workplace. An employee who is convicted of any criminal drug statute for a violation occurring in the workplace shall notify Human Resources no later than five days after such conviction. 2. Covered Employees This policy applies to every person whose position requires the possession of a commercial driver's license (CDL); every employee performing a "safety -sensitive function" as defined below, and any person applying for such positions. Under the Federal Commercial Motor Vehicle Safety Act ("FMCSA")(Part 382), you are a covered employee if you perform any of the following safety -sensitive functions: • Driving a commercial motor vehicle which requires the driver to have a CDL • Waiting to be dispatched to operate a commercial motor vehicle • Inspecting, servicing, or conditioning any commercial motor vehicle • Performing all other functions in or upon a commercial motor vehicle (except resting in a sleeper berth) • Loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading, attending a vehicle being loaded or unloading, remaining in readiness to operate the vehicle, or giving or receiving receipts for shipments being loaded or unloaded • Repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle City of Iowa City Drug and Alcohol Policy — FTA and FMCSA Under Federal Transit Administration ("FTA") requirements (Part 655), you are a covered employee if you perform any of the following safety -sensitive functions: • Operating a revenue service vehicle, in or out of revenue service • Operating a non -revenue vehicle requiring a commercial driver's license • Controlling movement or dispatch of a revenue service vehicle • Maintaining (including repairs, overhaul and rebuilding) of a revenue service vehicle or equipment used in revenue service • Carrying a firearm for security purposes See Attachment A for a list of covered positions by job title. 3. Prohibited Behavior Use of illegal drugs is prohibited at all times. All covered employees are prohibited from reporting for duty or remaining on duty any time there is a quantifiable presence of a prohibited drug in the body at or above the minimum thresholds defined in Part 40. Prohibited drugs include: • marihuana • cocaine • phencyclidine (PCP) • opioids • amphetamines All covered employees are prohibited from performing or continuing to perform safety -sensitive functions while having an alcohol concentration of 0.04 or greater. All covered employees are prohibited from consuming alcohol while performing safety -sensitive job functions or while on-call to perform safety -sensitive job functions. If an on-call employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. If the on-call employee claims the ability to perform his or her safety -sensitive function, he or she must take an alcohol test with a result of less than 0.02 prior to performance. All covered employees are prohibited from consuming alcohol within four (4) hours prior to the performance of safety -sensitive job functions. All covered employees are prohibited from consuming alcohol for eight (8) hours following involvement in an accident or until he or she submits to the post -accident drug and alcohol test, whichever occurs first. 2 City of Iowa City Drug and Alcohol Policy — FTA and FMCSA 4. Consequences for Violations FTA Consequences Following a positive drug or alcohol test result (BAC at or above 0.04) or test refusal, the employee will be immediately removed from safety -sensitive duty and referred to a Substance Abuse Professional ("SAP"). Following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately removed from safety -sensitive duties for at least eight hours unless a retest results in the employee's alcohol concentration being less than 0.02. The employee will be required to use applicable leave accruals for time missed, as further outlined below. Any employee who is unable to perform their assigned duties under this section will receive disciplinary action in the form of a written warning for the first occurrence. This warning will be considered a serious infraction. Following the employee's return to work an employee who cannot perform their assigned duties a second time because they have an alcohol concentration of .02 or greater or they test positive for drugs, will be terminated. Hourly or seasonal employees who have a reported positive drug test or a reported alcohol concentration of .02 or greater will be subject to immediate termination of employment. FMCSA Consequences Following a positive drug or alcohol test result (BAC at or above 0.04) or test refusal, the employee will be immediately removed from safety -sensitive duty and referred to a Substance Abuse Professional (SAP). Following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately removed from safety -sensitive duties until the start of the employee's next regularly scheduled duty period, but not less than 24 hours following administration of the test. The employee will be required to use applicable leave accruals for time missed, as further outlined below. Any employee who is unable to perform their assigned duties under this section will receive disciplinary action in the form of a written warning for the first occurrence. This warning will be considered a serious infraction. Following the employee's return to work, an employee who cannot perform their assigned duties a second time because they have an alcohol concentration of .02 or greater or they test positive for drugs, will be terminated. Hourly or seasonal employees who have a reported positive drug test or a reported alcohol concentration of .02 or greater will be subject to immediate termination of employment. Treatment/Discipline Any employee who tests positive for drugs or alcohol (BAC at or above 0.04) or refuses to test will be referred to a Substance Abuse Professional (SAP) and subject to the following requirements: 3 City of Iowa City Drug and Alcohol Policy — FTA and FMCSA • Removed from safety -sensitive duties. • Evaluated by a SAP to determine what treatment is necessary and will follow all recommendations of the SAP. If the levels of drugs do not decrease in a timely manner, as determined by the SAP, the SAP will report this to the Designated Employer Representative (DER) and the employee will be subject to disciplinary action. Subject to return to duty drug and alcohol tests. The SAP will notify the City when the employee is ready to take a return to duty test. For drugs, the employee must have a negative test result before being allowed to perform safety -sensitive duties. For alcohol, the employee must have a test result of less than .02 before being allowed to perform safety -sensitive duties. A positive result on a return to duty test will be considered a second positive test and subject to disciplinary action including termination of employment. Employees completing treatment will be: • Evaluated by a SAP to determine that the employee has successfully completed the treatment program. • Subject to unannounced follow-up drug tests under the following guidelines: o The number and frequency of follow up tests will be determined by a SAP and will consist of a minimum of six tests in the first twelve months; o The City will direct the employee to undergo follow-up drug or alcohol tests as determined by the SAP; o The SAP may require testing beyond the first twelve months, however, follow-up testing will not exceed 60 months from the date of the employee's return to duty; and o The SAP may end testing after the first six tests if they determine that such tests are no longer necessary. Employee testing, evaluation, and treatment cost requirements: • Evaluation and rehabilitation must be performed by a SAP. The cost of evaluation by the SAP is the responsibility of the employee. The cost of any required treatment is also the responsibility of the employee. • The cost of drug and alcohol tests will be paid by the City for pre-employment, post- accident, random and reasonable suspicion tests. If an employee requires return to duty or follow up testing, such costs shall be paid by the employee. • Sick leave or other applicable accruals may be used for work time spent in required counseling sessions if satisfactory documentation of attendance is provided. Sick leave may not be used for time away from work for a SAP evaluation or while an employee is waiting to take a return to duty test. Employee work status: Except for cases involving injury or damage to property, the first time that a positive drug test is reported by the MRO or an employee tests positive for alcohol by having an alcohol concentration of .04 or greater, the employee may not return to work until they have completed the treatment program recommended by the SAP and have successfully passed a return to duty drug or alcohol test. During this period of time the employee will be required to use applicable accruals. If an 4 City of Iowa City Drug and Alcohol Policy — FTA and FMCSA employee runs out of applicable accruals before they are released to return to work they may request an unpaid leave of absence (subject to terms and conditions of the City Personnel Policies, applicable collective bargaining agreement, or applicable City policy) for a limited time until the employee has successfully completed the recommended treatment program and passed a return to work test. In either case, an employee who cannot perform assigned duties will receive disciplinary action in the form of a written warning for inability to perform their assigned duties. This will be considered a serious infraction. An employee fails to contact/meet with a SAP, fails to communicate with the employer's representative as directed, continues to use a controlled substance while under the care of a SAP, or fails to comply with the recommended treatment will be subject to discipline up to and including termination. It is expected that the amount of a controlled substance will decrease on subsequent tests given under the direction of the SAP. Following the employee's return to work an employee who cannot perform their assigned duties a second time because they have an alcohol concentration of .02 or greater or they test positive for drugs, will be terminated. If an employee is tested for drugs as a result of reasonable suspicion, the employee will be charged with use of applicable leave accruals for this time and will be subject to the guidelines and discipline described above. If the test results are negative, the employee will be paid for time spent awaiting the results of the test and no leave accruals will be used. Violations of this policy resulting in personal injury or injury to another individual or violations resulting in damage to public or private property may result in termination of employment on the first offense. 5. Circumstances for Testing Pre -Employment Testing A negative pre-employment drug test result is required before an employee can first perform safety - sensitive functions. If a pre-employment test is canceled, the individual will be required to undergo another test and successfully pass with a verified negative result before performing safety -sensitive functions. If a covered employee has not performed a safety -sensitive function for 90 or more consecutive calendar days, and has not been in the random testing pool during that time, the employee must take and pass a pre-employment test before he or she can return to a safety -sensitive function. A covered employee or applicant who has previously failed or refused a DOT pre-employment drug and/or alcohol test must provide proof of having successfully completed a referral, evaluation, and treatment plan meeting DOT requirements. FMCSA Drug Testing Exceptions A driver is not required to undergo a pre-employment test if, 5 City of Iowa City Drug and Alcohol Policy — FTA and FMCSA (1) The driver has participated in a DOT testing program within the previous 30 days; and (2) While participating in that program, either: a) Was drug tested within the past six months (from the date of application with the City of Iowa City), or b) Participated in the random drug testing program for the previous 12 months (from the date of application with the City of Iowa City); and (3) The City of Iowa City can ensure that no prior employer of the driver of whom the City of Iowa City has knowledge has records of a violation of this part or the controlled substances use rule of another DOT agency within the previous six months Reasonable Suspicion Testing All covered employees shall be subject to a drug and/or alcohol test when the City of Iowa City has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. A reasonable suspicion referral for testing will be made by a trained supervisor or other trained company official on the basis of specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee. Covered employees may be subject to reasonable suspicion drug testing any time while on duty. Covered employees may be subject to reasonable suspicion alcohol testing while the employee is performing safety -sensitive functions, just before the employee is to perform safety -sensitive functions, or just after the employee has ceased performing such functions. Post -Accident Testing FTA Procedures Covered employees shall be subject to FTA post -accident drug and alcohol testing under the following circumstances: Fatal Accidents As soon as practicable following an accident involving the loss of a human life, drug and alcohol tests will be conducted on each surviving covered employee operating the public transportation vehicle at the time of the accident. In addition, any other covered employee whose performance could have contributed to the accident, as determined by the City of Iowa City using the best information available at the time of the decision, will be tested. Non-fatal Accidents As soon as practicable following an accident not involving the loss of a human life, drug and alcohol tests will be conducted on each covered employee operating the public transportation vehicle at the time of the accident if at least one of the following conditions is met: (1) The accident results in injuries requiring immediate medical treatment away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident 0 City of Iowa City Drug and Alcohol Policy — FTA and FMCSA (2) One or more vehicles incurs disabling damage and must be towed away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident (3) The vehicle is a rail car, trolley car or bus, or vessel, and is removed from operation, unless the covered employee can be completely discounted as a contributing factor to the accident In addition, any other covered employee whose performance could have contributed to the accident, as determined by the City of Iowa City using the best information available at the time of the decision, will be tested. A covered employee subject to post -accident testing must remain readily available, or it is considered a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. FMCSA Procedures Covered employees shall be subject to FMCSA post -accident drug and alcohol testing under the following circumstances: Fatal Accidents As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and involving the loss of a human life, drug and alcohol tests will be conducted on each surviving covered employee who was performing safety -sensitive functions with respect to the vehicle. Non-fatal Accidents As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and not involving the loss of a human life, an alcohol test will be conducted on each driver who receives a citation within eight (8) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if: (1) The accident results in injuries requiring immediate medical treatment away from the scene; or (2) One or more motor vehicles incur disabling damage and must be transported away from the scene by a tow truck or other motor vehicle. As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and not involving the loss of a human life, a drug test will be conducted on each driver who receives a citation within thirty-two (32) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if - 7 i 7 City of Iowa City Drug and Alcohol Policy — FTA and FMCSA (1) The accident results in injuries requiring immediate medical treatment away from the scene; or (2) One or more motor vehicles incur disabling damage and must be transported away from the scene by a tow truck or other motor vehicle. A covered employee subject to post -accident testing must remain readily available, or it is considered a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. Random Testing Random drug and alcohol tests are unannounced and unpredictable, and the dates for administering random tests are spread reasonably throughout the calendar year. Random testing will be conducted at all times of the day when safety -sensitive functions are performed. Testing rates will meet or exceed the minimum annual percentage rate set each year within each DOT agency. The current year testing rates can be viewed online at http://www.transportation. ovg /odapc/random-testing rates. If a given driver is subject to random testing under the rules of more than one DOT agency, the driver will be subject to random drug and alcohol testing at the annual percentage rate established by the DOT agency regulating more than 50% of the driver's function. The selection of employees for random drug and alcohol testing will be made by a scientifically valid method, such as a random number table or a computer-based random number generator. Under the selection process used, each covered employee will have an equal chance of being tested each time selections are made. A covered employee may only be randomly tested for alcohol misuse while the employee is performing safety -sensitive functions, just before the employee is to perform safety -sensitive functions, or just after the employee has ceased performing such functions. A covered employee may be randomly tested for prohibited drug use anytime while on duty. Each covered employee who is notified of selection for random drug or random alcohol testing must immediately proceed to the designated testing site. Return to Duty Testing Any employee who is allowed to return to safety -sensitive duty after failing or refusing to submit to a DOT drug and/or alcohol test must first be evaluated by a substance abuse professional (SAP), complete a SAP -required program of education and/or treatment, and provide a negative return -to -duty drug and/or alcohol test result. All tests will be conducted in accordance with 49 CFR Part 40, Subpart O. 0 City of Iowa City Drug and Alcohol Policy — FTA and FMCSA Follow-up Testing Employees returning to safety -sensitive duty following leave for substance abuse rehabilitation will be required to undergo unannounced follow-up alcohol and/or drug testing for a period of one (1) to five (5) years, as directed by the SAP. The duration of testing will be extended to account for any subsequent leaves of absence, as necessary. The type (drug and/or alcohol), number, and frequency of such follow-up testing shall be directed by the SAP. All testing will be conducted in accordance with 49 CFR Part 40, Subpart O. 6. Testing Procedures All FTA drug and alcohol testing will be conducted in accordance with 49 CFR Part 40, as amended. Dilute Urine Specimen If there is a negative dilute test result, the City of Iowa City will accept the test result and there will be no retest, unless the creatinine concentration of a negative dilute specimen was greater than or equal to 2 mg/dL, but less than or equal to 5 mg/dl. Dilute negative results with a creatinine level greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL require an immediate recollection under direct observation (see 49 CFR Part 40, section 40.67). Split Specimen Test In the event of a verified positive test result, or a verified adulterated or substituted result, the employee can request that the split specimen be tested at a second laboratory. The City of Iowa City guarantees that the split specimen test will be conducted in a timely fashion. 7. Test Refusals As a covered employee, you have refused to test if you: (1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the City of Iowa City. (2) Fail to remain at the testing site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has not refused to test. (3) Fail to attempt to provide a breath or urine specimen. An employee who does not provide a urine or breath specimen because he or she has left the testing site before the testing process commenced for a pre-employment test has not refused to test. 9 City of Iowa City Drug and Alcohol Policy — FTA and FMCSA (4) In the case of a directly -observed or monitored urine drug collection, fail to permit monitoring or observation of your provision of a specimen. (5) Fail to provide a sufficient quantity of urine or breath without a valid medical explanation. (6) Fail or decline to take a second test as directed by the collector or the City of Iowa City for drug testing. (7) Fail to undergo a medical evaluation as required by the MRO or the City of Iowa City's Designated Employer Representative (DER). (8) Fail to cooperate with any part of the testing process. (9) Fail to follow an observer's instructions to raise and lower clothing and turn around during a directly -observed test. (10) Possess or wear a prosthetic or other device used to tamper with the collection process. (11) Admit to the adulteration or substitution of a specimen to the collector or MRO. (12) Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF). (13) Fail to remain readily available following an accident. As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test. As a covered employee, if you refuse to take a drug and/or alcohol test, you incur the same consequences as testing positive and will be immediately removed from performing safety -sensitive functions, and referred to a SAP. 8. Prescription Drug Use The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to [decide who to report to]. Medical advice should be sought, as appropriate, while taking such medication and before performing safety -sensitive duties. 9. FMCSA Clearinghouse Effective January 6, 2020, personal information collected and maintained pursuant to FMCSA regulations will be reported to the FMCSA Clearinghouse, including: (1) any verified positive, adulterated, or substituted drug test result; (2) an alcohol confirmation test with a concentration of 0.04 or higher; (3) a refusal to submit to any test required by the regulations; (4) an employer's report of actual knowledge, as defined in the regulations, of on -duty alcohol use; pre -duty alcohol use following an accident; and controlled substance use; (5) a substance abuse professional report of the successful completion of the return -to -duty process; 10 City of Iowa City Drug and Alcohol Policy — FTA and FMCSA (6) a negative return -to -duty test; and (7) an employer's report of completion of follow-up testing. The FMCSA requires that the City conduct a pre-employment query of the Clearinghouse for drug and alcohol violation information on all applicants for FMCSA safety -sensitive positions and an annual query on employees in an FMCSA safety sensitive position. Employees are required to provide necessary, timely consent for these queries as a condition of employment. 10. Contact Person For questions about the City of Iowa City's anti-drug and alcohol misuse program, contact Human Resources. 11 City of Iowa City Drug and Alcohol Policy — FTA and FMCSA Attachment A: Covered Positions FTA Safety -Sensitive Positions Mass Transit Operator Maintenance Worker II — Transit Operations Specialist - Transit Operations Supervisor Mechanic II — Transit Mechanic III — Transit Associate Director — Transportation Services FMCSA Safety -Sensitive Positions Cemetery MW III - Cemetery Equipment Equipment Superintendent Equipment Shop Supervisor Mechanic I Mechanic II Mechanic III (Day) Mechanic III (Evening) Forestry MW I — Forestry MW II — Forestry MWIII — Forestry Senior MW — Forestry Landfill Assistant Superintendent — Landfill Landfill Operator Landfill Operator — Heavy Equipment MWII — East Side Recycling Center Parks MW I — Parks MW II — Parks MWII - Horticulture MW III — Parks Senior MW — Parks 12 Senior MW — Turfgrass Specialist Refuse Assistant Superintendent — Refuse MW I — Refuse MW II — Refuse MW III — Refuse Resource Mana eg ment Resource Management Superintendent Streets/Traffic Engineering Electrician — Traffic Engineering Electronics Technician — Traffic Engineering MW I — Streets MW II — Streets MW III — Streets MW III — Lead Sweeper Operator Signs and Pavement Markings Technician Senior MW — Streets Wastewater Electrician — Wastewater Electronics Technician — Wastewater Maintenance Operator — Wastewater MW I — Wastewater Treatment MW II — Wastewater Treatment MW III — Wastewater Collections Sr MW — Wastewater Collections Sr. MW — Wastewater Plant City of Iowa City Drug and Alcohol Policy — FTA and FMCSA Treatment Plant Operator — WW Treatment Sr. TPO Wastewater Treatment Water Maintenance Operator — Water MW I — Water Customer Service MW II — Water Service MW III — Water Service MW II -Water Distribution MW III — Water Distribution Senior MW — Water Distribution Senior MW — Water Plant Senior TPO - Water All employees working in variable hour and seasonal positions which require a CDL for the performance of safety -sensitive functions. 13 Item Number: 6.e. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT December 3, 2019 Resolution approving Supplement #3 to the Fire Protection Agreement between the City of Iowa City and the State Board of Regents to amend the 1957 Agreement to require annual inspections of UI properties within City limits, instead of semi-annual inspections of all UI properties in Johnson County. Prepared By: Eric Nurnberg, Deputy Fire Chief Reviewed By: Eric Goers, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Supplement #3 to Agreement Executive Summary: While risk of fire in University buildings has historically been high, dedicated reform efforts undertaken by the UI have significantly diminished the contemporary risk profile. Campus infrastructure today is protected from fire by a robust collection of policies and procedures, semi- annual fire safety inspections conducted by the ICFD, as well as dedicated fire safety staff, modern fire-resistant building and renovation materials, and advanced fire protection systems. This multi -faceted approach to fire safety has significantly diminished risk and fire experience in UI buildings. It is recommended that the ICFD's inspection cycle for UI buildings be modified to allow for one fire inspection per year, verses two as is currently required. Background /Analysis: In 1957, the City of Iowa City & the State Board of Regents established an agreement whereby the Iowa City Fire Department would perform fire and life safety inspections of every UI building in Johnson County, twice per year. In 2019, the ICFD continues to inspect all UI buildings within the city limits twice per year, while neighboring fire departments provide inspection services to UI buildings within their own communities. Further, the University of Iowa employs a fire safety coordinator and a staff of fire safety technicians who ensure compliance with contemporary fire codes, and who also maintain advanced fire detection and suppression systems. /_1 i IF_Ta:I Lvi 1 = I'LTI& 1 Description Resolution Supplement #3 to Agreement Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution Number: 19-281 Resolution approving Supplement #3 to the Fire Protection Agreement between the City of Iowa City and the State Board of Regents to amend the 1957 Agreement to require annual inspections of Ul properties within City limits, instead of semi- annual inspections of all UI properties in Johnson County. Whereas, on June 211 1957 the City signed a Fire Protection Agreement ("Agreement") to provide semi-annual inspections and reports of fire hazards for all property owned or operated by the University of Iowa in Johnson County; and Whereas, the Agreement was amended in 1959 and 1961 to dictate costs for the years through 1960, after which the cost has been formulaic based on square footage and Department costs; and Whereas, with the University's expansion of property outside Iowa City limits, the development of fire departments covering those areas competent to do inspections, and improved building codes and fire safety, the University and the Iowa City Fire Department have agreed to reduce inspections from semi-annually to annually, and for the inspections to cover only those properties within Iowa City limits, instead of throughout the county; and Whereas, it is in the best interests of the City to approve said Supplement. Now Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The attached Supplement #3 to the Fire Protection Agreement between the City of Iowa City and the State Board of Regents is approved by the City Council. 2. The City Manager is authorized to sign Supplement #3, and is empowered to manage said Agreement by signing and approving any minor amendments in the future in the best interests of the City. Passed and approved this 3rd day of December Attest: City Clerk /Appred by: City Attorney's Office Mayor 20 19 j.C� Resolution No. 19-281 Page 2 It was moved by Mims and seconded by adopted, and upon roll call there were: Nays: Salih Absent : the Resolution be Cole Mims Salih Taylor Teague Thomas Throgmorton Supplement #3 to the Fire Protection Agreement between the City of Iowa City and State Board of Regents The Fire Protection Agreement dated June 21't, 1957 between the City of Iowa City and the State Board of Regents, Supplement #1 thereto, dated May 8th, 1959, and Supplement #2, dated March 10th, 1961 is further amended this 3rd day of December 2019 as follows: All references to "semi-annual inspections and reports of fire hazards" shall be amended to read "annual inspections and reports of fire hazards"; and The inspections and reports of fire hazards shall no longer be for all Regent property located "within Johnson County", but shall instead apply only to Regent property located "within the corporate limits of Iowa City." All other provisions of the Fire Protection Agreement, as amended in Supplement #1 and #2, remain in full force and effect. City of Iowa City of Iowa City By Geoff Fruin, City Manager State Board of Regents By David Kieft, University of to Business Manager Item Number: 6.f. 1 CITY OF IOWA CITY in � at COUNCIL ACTION REPORT December 3, 2019 Resolution urging the United States Congress to enact the Energy Innovation and Carbon Dividend Act of 2019. Prepared By: Brenda Nations, Sustainability Coordinator Reviewed By: Ashley Monroe, Assistant City Manager Fiscal Impact: No Impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: In 2017, the Iowa City City Council passed resolution 17-360, urging the U.S. Congress to pass a bipartisan bill for Revenue Neutral Carbon Fee and Dividend Program. The bill did not pass at that time, but has been reintroduced with another bipartisan bill called the Energy Innovation and Carbon Dividend Act, H.R. 763. Passage of this national bill will support Iowa City's new carbon emission reduction goals and lead to reduction in carbon emissions at a local level. The bill is revenue neutral, and the U.S. Government acts as a pass-through agency, collecting carbon fees from producers of carbon, and then equitably distributing collected dividends to all residents. With implementation, the bill aims to reduce carbon emissions by 40% over the first 12 years after passage, and create 2.1 million jobs. From an equity standpoint, residents would get equal returns from the collected fee and therefore, lower-income households would receive back a greater proportion of their income than would households with higher incomes. Support for this bill by Resolution will signal that the City of Iowa City favors a carbon dividend program and other federal measures that would enable greater reduction in carbon emissions locally and nationally. Background /Analysis: The Iowa City Chapter of the Citizen's Climate Lobby, a non-partisan volunteer organization dedicated to climate change initiatives, introduced City Council to the prior Carbon Dividends bill and after review of the new bipartisan proposed bill, desire additional support from local leadership. Members of this local group have requested that based upon the supportive resolution passed in 2017 and in light of the City Council's new carbon emissions target goals, Council consider formal support of the Innovation and Energy Carbon Dividends Act of 2019. With the approval of this Resolution, City staff will formally sign the City of Iowa City onto the online list of organizations that support H.R. 763 and send resolution copies to federal representatives. ATTACHMENTS: Description Resolution 6T Prepared by: Brenda Nations, Sustainability Coordinator, 410 E. Washington St. Iowa City, IA 52240 (319)887-6161 Resolution No. 19-282 Resolution urging the United States Congress to enact the Energy Innovation and Carbon Dividend Act of 2019 Whereas, the Iowa City City Council passed Resolution No. 17-360 calling on the United States Congress to Pass a Revenue Neutral Carbon Fee and Dividend Program; and Whereas, that bipartisan Congressional bill was not passed and has been reintroduced in the House of Representatives as a new bipartisan bill, Energy Innovation and Carbon Dividend Act, H.R. 763; and Whereas, the Intergovernmental Panel on Climate Change (IPCC) issued a special report on the impacts of global warming in October 2018 and the need to reduce global greenhouse gas emissions well before 2030 to hold warming to 1.5 degrees Celsius; and Whereas, due to the serious nature of this issue, the City Council declared a state of climate crisis August 6, 2019, given that the crisis poses an urgent threat to the well-being of Iowa City, its inhabitants and its environment; and Whereas, Iowa City on that date also adopted the IPCC targets of a 45% reduction in carbon emissions by 2030 and reaching net -zero by 2050; and Whereas, the City issued a report on Accelerating Iowa City's Climate Actions and plans to implement these actions to reach these new carbon reduction targets; and Whereas, efforts to reach these goals would be greatly enhanced by compatible national legislation that creates financial disincentives for continued dependence on fossil fuels; and Whereas, presently the environmental, health, and social costs of carbon pollution is not included in prices paid for fossil fuels, but borne directly or indirectly by all Americans and global citizens; and Whereas, the Energy Innovation and Carbon Dividend Act of 2019, H.R. 763, will, after 12 years lead to a decrease in America's CO2 emissions of 40 percent and increase in national employment of 2.1 million jobs; and Whereas, money collected from the proposed carbon fee would be allocated in equal shares every month to the American people, and due to this equitable distribution, low-income populations, often limited in their ability to absorb economic impacts of climate change, will benefit from the receipt of a greater proportion of their income; and Whereas, a national carbon fee can be implemented quickly and efficiently, and will respond to the urgency of the climate crisis because the federal government already has in place mechanisms needed to implement and enforce the fee and already collects fees from fossil fuel producers and importers; and Now, therefore, be it resolved by the City Council of the City of Iowa City: The City Council of the City of Iowa City urges the United States Congress to enact without delay the Energy Innovation and Carbon Dividend Act of 2019, H.R. 763; and Resolution No. 19-282 Page 2 Be it further resolved that the City Clerk of the Council will transmit copies of the resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, and to our representatives in Washington: Senator Charles Grassley, Senator Joni Ernst and Congressman David Loebsack, and complete online commitment Passed nd approved this day ofDecember2019. Ma r i Attest: (� City Clerk prom ��-ate-lei City Attorney's Office Resolution No. Page 3 19-282 It was moved by trims and seconded by salih the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.g. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT December 3, 2019 Resolution Approving the By -Laws of the Climate Action Commission. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Ashley Monroe, Assistant City Manager Fiscal Impact: Minimal. Anticipate $3,500 for annual minute taker from Sustainability budget. Recommendations: Staff: Approval Commission: Council Rules Committee Climate Action Commission Attachments: 11-19-19 City Council Rules Committee minutes Resolution Climate Action Commission By-laws Executive Summary: This resolution approves the by-laws of the Climate Action Commission. The duties and composition of the Commission, which are contained in the by-laws, were established by Council in Resolution No. 19-251 creating the Commission. The Council Rules Committee and the Commission have both approved the proposed by-laws Background /Analysis: ATTACHMENTS: Description 11-19-19 Rules Committee minutes Resolution Climate Action Commission By -Laws CITY COUNCIL RULES COMMITTEE MEETING MINUTES November 19, 2019 City Managers Conference Room 4:00 PM Committee Members Present: Council member Salih, Mayor Pro Tem Taylor Staff Members Present: City Clerk Fruehling, Assistant City Attorney Dulek Review by-law changes: Community Police Citizens Review Board Climate Action Commission Fruehling summarized the amendments to the Community Police Review Board By-laws. There were no questions regarding the changes. The Climate Action Commission created new by-laws and unanimously approved to forward to the Rules Committee at their October 7 and November 4, 2019 meetings. Taylor had a question on Article 4, Section E, Officers whether it needed to list a Secretary. Dulek stated that with most Boards or Commission, City staff acts as Secretary, so it wasn't necessary to have one. Dulek also noted the Duties of the Commission, Article 3, largely follow the language from the resolution establishing the Commission. Taylor mentioned the Appointment, Article 4, Section B, listed key stakeholders which did not include University students, but did not limit them from serving. The Rules Committee recommended approval of both sets of by-laws as presented. Meeting adjourned 4:09 PM Prepared by: Brenda Nations, Sustainability Coordinator, 410 E. Washington St. Iowa City, IA 52240 (319)887-6161 Resolution No. 19-283 Resolution Approving the By -Laws of the Climate Action Commission Whereas, the Iowa City City Council passed Resolution No. 19-251 authorizing the creation of a Climate Action Commission for the purpose of assisting in the implementation of the Climate and Adaption Plan, and assisting with climate issues related to the declaration of a Climate Crisis including increased new emissions targets; and Whereas, the Climate Action Commission reviewed and unanimously adopted the by-laws and; Whereas, it is in the public interest to adopt by-laws which guide the procedures and actions of the commission; and Whereas, the proposed by-laws have been reviewed by the Council Rules Committee, and are recommended for adoption; and Now, Therefore, Be It Resolved That: The by-laws of the Climate Action Commission, attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed this r ay ofnecember2019. Ma r Attest: Ci Clerk Approved by City Attorney's Office Resolution No. 19-283 Page 2 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: — Cole x Mims x Sam % Taylor % Teague x Thomas x Throgmorton Salih the BY-LAWS IOWA CITY CLIMATE ACTION CONIMISSION ARTICLE 1 THE COMMISSION Section A. The name of the Commission is the Climate Action Commission of Iowa City, Iowa, as established by Resolution No. 19-251 of the City Council of Iowa City, Iowa. ARTICLE 2 PURPOSE Section A. The purpose of the Commission is to enhance and enable further community efforts to achieve the City's ambitious climate goals. ARTICLE 3 DUTIES Section A. Duties of the Commission shall include: 1) advise the City Council on climate issues; 2) research, analyze, and promote climate actions, with particular attention to equity; 3) educate and engage with the public on climate action and the City's climate and sustainability goals; 4) assist City staff, City Council, and members of the community with implementing approved initiatives that support the City's climate and sustainability goals, including the Climate Action and Adaptation Plan and any related or updated plan hereafter; 5) recommend to the City Council updates to the Climate Action and Adaptation Plan. ARTICLE 4 MEMBERSHIP Section A. Members The Climate Action Commission shall consist of eleven (11) members with backgrounds, knowledge, and expertise offering representation across the community which could effectively guide implementation of climate objectives. MidAmerican Energy and the University of Iowa will each have a standing representative on the Commission. Section B. Appointment Nine (9) at -large members, representing key stakeholders, will be appointed by the City Council of Iowa City. Key stakeholders may include, but are not limited to, the Iowa City Community School District, area commercial businesses, local industry, design and construction professionals, non- profits and the general public. Section C. Residencv Residents of Iowa City should be given preference, but members are not required to have Iowa City residency. Members must be residents of Johnson County. Section D. Terms Member terms shall be three (3) years beginning January 1, with a two -term limit. Section E. Officers The Chairperson and Vice -Chairperson will be elected annually (in January) from the Commission membership. The Chairperson shall, when present, preside at all meetings, appoint sub -committees with the approval of the Commission, call special meetings and in general perform all duties included in the office of a Chairperson and such other duties as may be prescribed by the members from time to time. The Vice -Chairperson shall take over the above duties of the Chairperson in the event of the Chairperson's absence. Section F. Compensation and Expenses Commissioners shall serve without compensation but may be reimbursed for expenses incurred or travel outside of Johnson County on designated Commission business. Such expenses shall have prior approval by the City Manager of Iowa City upon the request of the Sustainability Coordinator. Receipts for all such expenses shall be stipulated to the City Manager of Iowa City through the Sustainability Coordinator prior to reimbursement for such expenses. Section G. Orientation of new Members Prior to the first regular meeting following their appointment, new Commissioners shall be provided with copies of the By -Laws and other documentation that would be useful to Commission members in carrying out their duties. They may also be given an orientation briefing by members of the staff, the Commission and others as may be deemed appropriate. Section H. Absences Three (3) consecutive, unexplained absences of a member from regular meetings will result in a recommendation to the City Council from the Commission to discharge said member and appoint a new member. Section I. Resignations If any member is unable to continue carrying out the duties of membership for any reason, the member, if appointed by the City Council, shall email a letter of resignation to the City Council with a copy to the Chair of the Commission. Section J. Working Groups The working groups composition, duties and terms will be designated by a majority vote of the members of the Commission. Members of the public may be members of working groups. ARTICLE 5 MEETINGS Section A. Meetings of this Commission shall be on a regular monthly basis. A meeting date and time will be established by the Commission. A regular meeting may be cancelled if no urgent business requires a meeting. Section B. Special meetings of the Commission may be called by the Chairperson and shall be called by the Chairperson at the request of a majority of the membership. Section C. Meetings shall be held in an accessible, public meeting place. Notices of meetings (agenda) for all regular and special meetings shall be posted at least 24 hours before any meeting is held. All provisions of the State Open Meetings Law shall be followed. The Chairperson, or a designated representative, together with appropriate members of the City staff shall prepare an agenda for all meetings. Agendas shall be sent to Commission members at least 24 hours prior to the regular meetings. Section D. A majority of the members of the Commission (six or more) shall constitute a quorum of any meeting and the majority of votes cast at any meeting, at which a quorum is present, shall be decisive of any motion or election. Section E. There shall be no vote by proxy. Section F. Time shall be made available during all regular meetings for open public discussion. Section G. Minutes of all meetings shall be prepared and distributed to the City Council in the manner prescribed by the Council. Minutes of all regular and special meetings will be e-mailed to all the Commission members during the week prior to the next meeting. Specific recommendations for the Council shall be set off from the main body of the minutes. Section H. A working group/subcommittee meeting is not a meeting of the full Commission, unless six Commissioners are present. ARTICLE 6 AMENDMENTS Section A. The By -Laws of the Commission shall be amended only with the approval of at least a majority of the Commission (at least six votes) at a regular meeting or a special meeting. Section B. By -Law changes may be adopted at the meeting following the meeting at which open discussion was conducted on the specific changes. Approved: 12/03/19 By Resolution No. 19-283 3 BY-LAWS IOWA CITY CLIMATE ACTION COMMISSION ARTICLE 1 THE COMMISSION Section A. The name o the Commission is the Climate Action,&nunissionAf Iowa City, Iowa, as established by Resolution N&.1 9-251 of the City Council of Iowa, ' a. ARTICLE 2 PURPOSE Section A. The purpose of the Co ion is toe enable community efforts to achieve the City's ambitious climate goals. 1, ARTICLE 3 DUTIES Section A. Duties of the Commission shall incluch 1) advise the City Council on climate issues; \ 2) research, analyze, and promote climate actions, H 3) educate and engage with the public on climate ac 4) assist City staff, City Council, and members of that support the City's climate and sustainability g and any related or updated plan hereafter; 5) recommend to the City Council updates to the /! ARTICLE 4 MEMBERSHIP '?x� cular attention to equity; the City's climate and sustainability goals; imunity with implementing approved initiatives luding the Climate Action and Adaptation Plan and Adaptation Plan. Section A. Members The Climate Act' n Commission shall mist of eleven (11) members with backgrounds, knowledge, and expertis offering representation ross the community which could effectively guide implementation of cli ate objectives. MidAmeric\andco d the University of Iowa will each have a standing representativ on the Commission. Section B. Appointment Nine (9) a arge members, representing key, will be appointed by the City Council of Iowa City. Key st eholders may include, but are nothe Iowa City Community School District, area commerci businesses, local industry, desiguction professionals, non- profits and the general public. Section C. Residency Reside of Iowa City should be given preference but me are not required to have Iowa City residency. Nqmbers must be residents of Johnson County. Section D. Terms Member/terms shall be three (3) years beginning January 1, with a two-Vrm limit. Section E. Officers Th Chairperson and Vice -Chairperson will be elected annually (in Anuary) from the Commission membe ip. The Chairperson shall, when present, preside at all meetings, appoint sub -committees withhe approval of the Commission, call special meetings and in general perform all duties included in a office of a Chairperson and such other duties as may be prescribed by the members from time to time. a Vice -Chairperson shall take over the above duties of the Chairperson in the event of the Chairnerson's absence. Section F. Compensation and Expenses Commissioners shall serve without compensation but may be reimbursed for expenses incurred or travel outside of Johnson County on designated Commission business. Such expenses shall have prior approval by the City Manager of Iowa City upon the refiuest of the Sustainability Coordinator. Receipts for all such expenses shall be stipul/expenses. ty ager of Iowa City through the Sustainability Coordinator prior to reimbursement for sucSection G. rientation of new Members Prior to the first regular meeting ir appointment, new Commissione shall be provided with copies of the By -Laws and other dothat would be useful ion embers in carrying out their duties. They may also beentation briefing by the sta the Commission and others as maybe deemed appro Section H. Absences T ee (3) consecutive, unexplained absences of member from regular meetings will result in a recommendatio\meber ouncil from the Commissio to discharge said member and appoint a new member. Section I. Resignations Ifs unable to continue ing out the duties of membership for any reason, the member, if apCity Council, shall mail a letter of resignation to the City Council with a copy to the Chair oion. Section J. Working Groups The working majority vote of the members of the Cor, groups. ARTICLE 5 MEETINGS , duties and terms will be designated by a of the public may be members of working Section A. Meetings of this Commission s all be on a regu monthly basis. A meeting date and time will be established by the Commission. A re uht meeting may cancelled if no urgent business requires a meeting. Section B. Special meetings of the C fission may be called by th Chairperson and shall be called by the Chairperson at the request of a majo ty of the membership. Section C. Meetings shall be hel in an accessible, public meeting place. otices of meetings (agenda) for all regular and special meetings hall be posted at least 24 hours before any eeting is held. All provisions of the State Open Meetings aw shall be followed. The Chairperson, or designated representative, together with appropriate me bers of the City staff shall prepare an agenda fora meetings. Agendas shall be sent to Commission mem ers at least 24 hours prior to the regular meetings. Section D. A majority of he members of the Commission (six or more) shall constituuorum of any meeting and the majority of votes cast at any meeting, at which a quorum is present, shall be decisive of any motion or election. Section E. There slul/be no vote by proxy. Section F. Time pfiall be made available during all regular meetings for open public discussion. Section G. Minutes of all meetings shall be prepared and distributed to the City Council in the manner prescribed by the Council. Minutes of all regular and special meetings will be e-mailed to all the Commission members during the week prior to the next meeting. Specific recommendations for the Council shall be set off from the main body of the minutes. 2 Section H. A working group/subcommittee meeting is not a meeting of the full Commission, unless six Commissioners are present. ARTICLE 6 AMENDMENTS Section A. By -Laws of the Commission shall be amended only with the approvaf of at least a majority of the Commiss\thespe six votes) at a regular meeting or a special meeting. Section B. By -s may be adopted at the meeting following the m ting at which open discussion was conducted fie changes. Approved: Chair Item Number: 6.h. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT December 3, 2019 Resolution approving the By-laws of the Community Police Review Board and rescinding resolution 17-93. Prepared By: Kellie Fruehling, City Clerk Reviewed By: Sue Dulek, Assistant City Attorney Fiscal Impact: N/A Recommendations: Staff: Approval Commission: Community Police Review Board -Approve, 5/0 City Council Rules Committee -Approve, 2/0 Attachments: 11-19-19 Rules Committee minutes Resolution Attached CPRB By-laws Executive Summary: This resolution is to approve amended by-laws to include the name of the council member appointment by the City Council to serve as the liaison to the Board during member orientation (Article III, Section 3 ) and to correct the expiration date for member terms to June 30 (Article I11, Section 6) Background /Analysis: The Community Police Review Board recommended Council appoint a liaison to the Commission in a memo dated May 14, 2019. On September 3, 2019, City Council approved ordinance 19-4804 creating a City Council liaison. Member terms for the Commission currently run July 1 to July 1, expiring with staggered years. The new by-laws correct the ending date to June 30. ATTACHMENTS: Description 11-19-19 Rules Committee minutes Resolution Attached CPRB By -Laws CITY COUNCIL RULES COMMITTEE MEETING MINUTES November 19, 2019 City Managers Conference Room 4:00 PM Committee Members Present: Council member Salih, Mayor Pro Tem Taylor Staff Members Present: City Clerk Fruehling, Assistant City Attorney Dulek Review by-law changes: Community Police Citizens Review Board Climate Action Commission Fruehling summarized the amendments to the Community Police Review Board By-laws. There were no questions regarding the changes. The Climate Action Commission created new by-laws and unanimously approved to forward to the Rules Committee at their October 7 and November 4, 2019 meetings. Taylor had a question on Article 4, Section E, Officers whether it needed to list a Secretary. Dulek stated that with most Boards or Commission, City staff acts as Secretary, so it wasn't necessary to have one. Dulek also noted the Duties of the Commission, Article 3, largely follow the language from the resolution establishing the Commission. Taylor mentioned the Appointment, Article 4, Section B, listed key stakeholders which did not include University students, but did not limit them from serving. The Rules Committee recommended approval of both sets of by-laws as presented. Meeting adjourned 4:09 PM �,h Prepared by: Kellie Fruehling, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319)356-5041 Resolution No. 19-284 Resolution approving the By-laws of the Community Police Review Board and rescinding resolution 17-93. Whereas, the by-laws of the Community Police Review Board have not been updated since April 2017; and Whereas, it is in the public interest to adopt by-laws which guide the procedures and actions to include the name of the council member appointment by the City Council to serve as the liaison to the Board during member orientation (Article III, Section 3 ) and to correct the expiration date for member terms to June 30 (Article III, Section 6); and Whereas, the Community Police Review Board recommended at their September 24, 2019 Commission meeting to approve the amended by-laws; and Whereas, the proposed by-laws have been reviewed by the Council Rules Committee, and are recommended for adoption; and Whereas, the by-laws were approved previously in Resolution 17-93. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Resolution 17-93 is hereby rescinded. The by-laws of the Community Police Review Board, attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 3rd day of December 12019. M yor Attest: pprovg�dd.��yy City Clerk , \ �C)� y ;attorney's Office Resolution No. 19-284 Page 2 It was moved by Mims and seconded by Salih Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton the IOWA CITY COMMUNITY POLICE REVIEW BOARD BY-LAWS (Revised 12/3/19, Res.19- 284) BY-LAWS IOWA CITY COMMUNITY POLICE REVIEW BOARD ARTICLE I. AUTHORITY The Community Police Review Board formerly known as the Citizens Police Review Board (hereafter referred to as the Board) shall have that authority which is conferred by Chapter 8 of the City Code of the City of Iowa City, Iowa and through the adoption of these by-laws stated herein. ARTICLE If. PURPOSE: The purpose of the by-laws stated herein is to provide for the general welfare of the Iowa City community by establishing a Board to advise the Police Chief, City Manager and City Council on matters pertaining to the policies, practices and overall performance of the Iowa City Police Department. Further, in an effort to assure that the Iowa City Police Department's performance is in keeping with community standards, this Board is created to review investigations into complaints of police misconduct to ensure that such investigations are conducted in a matter which is fair, thorough, and accurate, and to maintain a central registry and to provide City Council with an annual report on all such complaints. ARTICLE III. MEMBERSHIP: Section 1. Qualifications. The Board shall consist of five (5) members appointed by the City Council who shall be eligible electors of the City of Iowa City, Iowa and shall meet the criteria contained in Chapter 8, City Code, City of Iowa City, Iowa. Appointments to the Board shall include one current or former "peace officer" as that term is defined by state law. The City Council may waive the residency requirement for good cause shown and may waive the requirement that the Board include one current or former "peace officer" for good cause shown. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager for approval and reimbursement. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the ordinance creating the Board, the written policies of the Iowa City Police Department, the Board by-laws, open records law, open meetings law, the name of the council member appointed by the City Council to serve as the liaison to the Board and other documentation that would be useful to Board members in carrying out their duties. They shall also be given an orientation briefing by the appropriate City staff and the Board as is deemed appropriate. Section 4. Absences. The Board may recommend to the City Council that the City Council discharge any Board member who: (1) is absent from two consecutive regular or special meetings without excuse as determined by the Board on a case by case basis; or (2) is absent from four consecutive regular or special meetings, whether excused or unexcused; or (3) is absent from at least four out of six consecutive regular or special meetings, whether excused or unexcused. Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness, disqualification or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. Section 6. Terns. Members shall be initially appointed for staggered terms as outlined in Chapter 8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four years, with terms expiring on June 30. If a position becomes vacant by reason of resignation or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term, but also through a subsequent regular term. Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy to the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended departure. ARTICLE IV. OFFICERS: Section 1. Number. The officers of this Board shall be a Chairperson and Vice -Chairperson, each of whom shall be elected by the members of the Board. Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority of all members as soon as practicable after formation of the Board, and thereafter annually at the first regular meeting in October each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or other cause shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE V. BOARD MEETINGS: Section 1. Regular Meetings. The Board's regular meeting will be held the second Tuesday of each month. This meeting time may be rescheduled upon agreement by a majority of the Board. Section 2. Special meetings. Special meetings may be called by the Chairperson and shall be called by the Chairperson or Vice Chairperson at the request of three or more Members of the Board. At least one (1) full day's written notice of meeting place, time and agenda shall be given to each Member and the media. Section 3. Agenda. Insofar as possible, at regular and special meetings only matters included on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of non -agenda items. Section 4. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. Section 5. Place of Meetings. Meetings, both regular and special, shall be held in an accessible City facility. Meetings which are forums solely for community input may be in other appropriate meeting places in Iowa City. Section 6. Notice of Meetings. Notice of meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meetings unless such notice is impossible or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news media shall be notified by staff. Board meetings shall be public except where provided in the Iowa Code. Section 7. Proxies. There shall be no vote by proxy. Section 8. Public Discussion. Time shall be made available during all meetings for open public discussion. Section 9. Motions. Motions may be made or seconded by any member of the Board, including the Chairperson. Section 10. Exported Contacts. A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact, name the other parry and share specifics of the contact, copies if in writing or a synopsis if verbal. Section 11. Conflict of Interest. Members who believe they have a conflict of interest on a matter about to come before the Board shall state the reason for the conflict of interest, leave the room before the discussion begins, and return after the vote. Section 12. Voting. A majority vote is required for adoption of any motion, except for a motion to close a session as provided for in the Iowa Code. Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required to cast a vote upon each motion. A member who abstains shall state the reason for abstention. Section 13. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order Newly Revised shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules or order the Board may adopt. ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES: The Board shall have the powers and duties set forth in Chapter 8 of the City Code of Iowa City. ARTICLE VII. PUBLIC RECORDS; -EXCEPTIONS Section 1. All records of the Board shall be public, except: (a) Complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint shall be closed records unless a public hearing is held or a contrary determination is made by Counsel to the Board pursuant to the provisions of the Iowa Code. (b) The minutes and tape recordings of any session closed under the provisions of the Iowa Code shall be closed records. (c) No member of the Board or of its staff shall disclose information protected by the Iowa Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent the Board from releasing such information concerning alleged or acknowledged practices to the Iowa City City Council, the City Manager and/or Chief of Police, either in the form of its required annual report or otherwise. This section does not prevent any complainant, witness or other person from publicizing the filing of a complaint or the matter therein complained of. Violation of these provisions by a member of the Board or its staff shall constitute grounds for removal. ARTICLE VIII. CONDUCT OF BOARD BUSINESS Section 1 . Agenda. The Chairperson, ora designated representative, together i t h staff assistance shall prepare an agenda for all Board meetings. Agendas are to be posted at least 24 hours before the meeting and shall be sent to Board members and the media prior to meetings. Copies will be available to the public at the meeting. Section 2. Minutes. Minutes of all meetings are to be prepared and distributed to Board and City Council members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policy. The Board shall review all policies and programs of the City relating to the Board's duties as stated herein, and make such recommendations to the City Council as are deemed appropriate. Section 4. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board will initiate consideration of each item at the next regular Board meeting and shall notify Council of its disposition. Section 5. Annual Report. An annual report detailing the activities of the Board shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council. ARTICLE IX. SUBCOMMITTEES: The subcommittees of this Board including composition, duties, and terms shall be as designated by the Chairperson. ARTICLE X. AMENDMENTS: These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative vote of not less than three members of the Board at any regular meeting or at any special meeting called for that purpose. Amendments shall become effective after approval by the City Council. Septefte 24.=9 IOWA COM REVI y ITY POLICE BOARD \WS` (Revised _, Res._) Wo ARTICLE I. AUTHORITY: The Community Police Review B referred to as the Board) shall Code of the City of Iowa City, ARTICLE II. PURPOSE: BY-LAWS IOWA CITY COMMUNITY POLICE REVIEW BOARD formerly known as the Citizens Police Review Board (hereafter that authority which is conferred by Chapter 8 of the City and through the adoption of these by-laws stated herein. The purpose of the by-laws stated he community by establishing a Board to a matters pertaining to the policies, pre Department. Further, in an effort to assun in keeping with community standards, tl complaints of police misconduct to ensure is fair, thorough, and accurate, and to ma an annual report on all such complaints. ARTICLE III. MEMBERSHIP: Section 1. Qualifications. The Council who shall be eligible e contained in Chapter 8, City include one current or former "f may waive the residency requir, the Board include one current/, is to provide for th general welfare of the Iowa City :e the Police Chi , City Manager and City Council on as and overal performance of the Iowa City Police that the low City Police Department's performance is Board i created to review investigations into i t such nvestigations are conducted in a matter which talp aAentral registry and to provide City Council with Board hall const t of five (5) members appointed by the City ecto of the City f Iowa City, Iowa and shall meet the criteria od City of Iowa ity, Iowa. Appointments to the Board shall ce officer" as that krm is defined by state law. The City Council ment for good cause hown and may waive the requirement that former "peace officer" fyr good cause shown. Section 2. Com ensation Members shall serve withc for expenses incurred f travel outside the city on de must be submitted to to City Manager for approval and compensation, but may be reimbursed Inated Board business. Such expenses Section 3. Orient ion for New Members. New Members. Prior to the 1 appointmentnew mbers shall be provided with copies of written poliicee s the Iowa City Police Department, the Bo meetings law, a name of the council member appointed liaison to the oard and other documentation that would be out their du s. They shall also be given an orientation brie the Board a is deemed appropriate. regular meeting following their ordinance creating the Board, the by-laws, open records law, open the City Council to serve as the :ful to Board members in carrying Eby the appropriate City staff and Section 4.. Absences. The Board may recommend to the City Counc that the City Council discharge any Board member who: (1) is absent from two consecutive regul r or special meetings without excuse as determined by the Board on a case by case basis; or (2) is bsent from four consecutive regular or special meetings, whether excused or unexcused; or (3) is &bsent from at least four out of six consecutive regular or special meetings, whether excused or unexcused. Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness, disqualification or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. 2 Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter 8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four years, w' terms expiring on duty -1• June 30. If a position becomes vacant by reason of resignation or otherwise, 'and results in an unexpired term of six months or less, the Council may choose to fill the unexpireterm in such a manner that the appointee shall continue in the position not only through the unex ed term, but also through a subsequent regul,% tern. Section 7. Resi natio . Resignations shall be submitte n writing to the Mayor with a copy to the City Clerk and the\themem the Board at le t 30 days prior to the date of intended departure. ARTICLE IV. OFFICERS Section 1. Number. The Boar shall be a Chairperson and Vice -Chairperson, each of whom shall be electedrs the Board. Section 2. Election and Term of OfficV6ifficers of the Board shall be elected by a majority of all members as soon as practicable aft fo tion of the Board, and thereafter annually at the first regular meeting in October each ye r; if the lection of officers shall not be held at such meeting, such election shall be held as soo hereafter a is convenient. Section 3. Vacancies. A va n 'y in any of disqualification or other cause hall be in by the r Section 4. Chairperson. T e Chairperson shall, v committees, call special eet2 and in general Chairperson, and such o er duties as may be press Section 5. Vice -1 or refusal to act, acting shall have because of death, resignation, removal, fibers for the unexpired portion of the term. present, preside at all meetings, appoint )rm all duties incident to the office of a Kby the members from time to time. arson. In the absence of the Chair ce-Chairperson shall perform the powers of and be subject to all the , or in the event of death, inability of the Chairperson and when so tions upon the Chairperson. Section 1. Re ular Meetin s. The Board's regular meeting will held the second Tuesday of each month. T is meeting time may be rescheduled upon agreement y a majority of the Board. Section 2. ecial meetin s. Special meetings may be called by the hairperson and shall be called by t e Chairperson or Vice Chairperson at the request of three r more Members of the Board. A least one (1) full day's written notice of meeting place, time an genda shall be given to each ember and the media. Section 3. Agenda. Insofar as possible, at regular and special meetings only matters included on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of non -agenda items. Section 4. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. 3 Section 5. Place of Meetings. Meetings, both regular and special, shall be held in an accessible City facility. Meetings which are forums solely for community input may be in other appropriate meeting places in Iowa City. Section 6. Notibe of Meetings. Notice of meetings shall be required; meetings may be called upon notice not less th twenty-four (24) hours before the meetings unless such notice is impossible or impracticable, in hich case notice shall be provided as outlined in the Iowa Code. The news media shall be notifieby staff. Board meetings shall be public except where provided in the Iowa Code. Section 7. Proxies. There s all be no vote by proxy. / Section 8. Public Discussion.'Time shall be made available dur' g all meetings for open public discussion. Section 9. Motions. Motions m\mem or seconded y any member of the Board, including the Chairperson. Section 10. Exported Contacts. who h had a discussion of an agenda item outside of a public meeting with an interesall r eal the contact, name the other party and share specifics of the contact, copies ifa ynopsis if verbal. Section 11. Conflict of Interest. Members h believe they have a conflict of interest on a matter about to come before the Board shall s to th reason for the conflict of interest, leave the room before the discussion begins, and retuy6 after the vote. Section 12. Voting. A majority voV is required for Ndoption of any motion, except for a motion to close a session as provided for' the Iowa Code. U n request, voting will be by roll call and will be recorded by yeas and nays very member of the Nard, including the Chairperson, is required to cast a vote upon each mot n. A member who abstain shall state the reason for abstention. Section 13. Roberts Rul f; of Order. The rules in the cu?rent edition of Roberts Rules of Order Newly Revised shall goo/ rn the Board in all cases to which ey are applicable and in which they are not inconsistent witX these bylaws and any special rules or rder the Board may adopt. The Board shall ve the powers and duties set forth in Chapter 8 o the City Code of Iowa City. ARTICLE VII. UBLIC RECORDS' -EXCEPTIONS Section 1. I records of the Board shall be public, except: (a) Cplaints, reports of investigations, statements and other documen or records obtained in investigation of any complaint shall be closed records unless a publi hearing is held or a contrary determination is made by Counsel to the Board pursuant to he provisions of the Iowa Code. (b) The minutes and tape recordings of any session closed under the provisions of the Iowa Code shall be closed records. El (c) No member of the Board or of its staff shall disclose information protected by the Iowa Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent the Board from releasing such information concerning alleged or acknowledged practices to the Iowa City City Council, the City Manager and/or Chief of Police, either in the form of its re fired annual report or otherwise. This section does not prevent any complainant, witness r other person from publicizing the filing of a complaint or the matter therein cornplained o . Violation of these provisions by a member of the Board or its staff shall constitute aro ds for removal. Section 1 . Agenda. The Chai erson, ora designated representative, to96therw i t h staff assistance shall prepare an agenda for all and meetings. Agendas are to be p sted at least 24 hours before the meeting and shall be sent to oard members and the media rior to meetings. Copies will be available to the public at the meetin . Section 2. Minutes. Minutes of all Council members. Specific recom main body of the minutes and apps Section 3. Review Policy. The Board shall the Board's duties as stated herein, and rT deemed appropriate. are to be pr ared and distributed to Board and City s requirin Council action are to be set off from the V olicies and programs of the City relating to commendations to the City Council as are Section 4. Referrals from Council. From/lime to ti a letters, requests for information, requests for recommendations, and other matters q6 referred to he Board by the City Council. The Board will initiate consideration of each itemat a next regular oard meeting and shall notify Council of its disposition. Section 5. Annual Re orrt. Ana ual report detailing the tiviti by the Chairperson, approved the Board, and submitted t the ARTICLE IX. SUBCOMMIT EES: The subcommittees of th' Board including composition, duties, by the Chairperson. These by-laws vote of not less called for that o September 24,2019 s of the Board shall be prepared City Council. terms shall be as designated be altered, amended or repealed, and new by-laws a opted by an affirmative three members of the Board at any regular meeting or t any special meeting ;e. Amendments shall become effective after approval by e City Council. Item Number: 61 AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT December 3, 2019 Resolution authorizing the City Manager to sign an agreement between the City and the Iowa City Community School District for the use and maintenance of Field #1 at Mercer Park. Prepared By: Juli Seydell Johnson, Parks & Rec Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: The Iowa City School District will pay the City $1,000.00 per year for baseball field use In addition, the ICCSD will provide maintenance for the field. Recommendations: Staff: Approval Commission: None Attachments: Resolution Agreement Executive Summary: This agreement formalizes the use of Mercer baseball field #1 by the City High Baseball team. The I CCSD has been using the field for a number of years without an agreement. Background /Analysis: This agreement allows for ICCSD personnel to maintain Mercer Baseball Field #1 for use as the home field for the City High baseball team. The ICCSD will provide all maintenance to the field, schedule field use and pay the City $1,000.00 per year. Mercer baseball field #1 has been used by the City High team for a number of years. Use by the public will not be affected. Mercer baseball fields 2-4 will continue to be maintained and scheduled by Iowa City Parks & Recreation. ATTACHMENTS: Description Resolution Agreement Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St, Iowa City, IA 319-356-5030 RESOLUTION NO. 19-285 Resolution authorizing the City Manager to sign an agreement between the City and the Iowa City Community School District for the use and maintenance of Field #1 at Mercer Park. Whereas, the City owns and operates baseball and softball playing fields for use by the general public at Mercer Park; Whereas, City High School practices and plays baseball games on a playing field known as Mercer Field #1; and Whereas, the City and the Iowa City Community School District desire to enter into an agreement for the use and maintenance of the said playing field; and Whereas, it is in the interest of the City of Iowa City to enter into the attached use and maintenance agreement. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Manager is hereby authorized to sign the attached Agreement between the City of Iowa City and the Iowa City Community School District for the Use and Maintenance of Mercer Field #1. The City Manager is further authorized to sign amendments to the agreement. Passed and approved this 3rd Approved by City Attorney's Office day of December Makbr ' Attest: l Ci y Clerk Resolution No. 19-285 Page 2 It was moved by Mims and seconded by Salih the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton Drafted by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT FOR USE AND MAINTENACE OF MERCER FIELD #1 This Agreement is entered into in Iowa City, Iowa between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Iowa City Community School District ("District"). WHEREAS, the City owns and operates baseball and softball playing fields for use by the general public at Mercer Park, 2701 Bradford Drive, Iowa City; WHEREAS, City High School practices and plays baseball games on a playing field known as Mercer Field #1: and WHEREAS, the City and the District desire to enter into an agreement for the use and maintenance of the said playing field. NOW, THEREFORE, THE CITY AND THE DISTRICT AGREE AS FOLLOWS: Term The term of this Agreement is January 1, 2020 to December 31, 2024. 2. Field #1 For purposes of this Agreement, Field #1 means the playing field known as Mercer Field #1 including the bleachers, concession stand, press box, dug outs, bull pen and batting cages. 3. Use and Maintenance. The District shall have the exclusive right to occupy Field #1 as proved herein. The District shall maintain Field #1 in its current condition at its sole cost. The District shall use its own equipment and field supplies to maintain Field #1. The District shall utilize the District's IPM processes for weed control. The City shall turn off the water and winterize the concession stand each fall and re -open each spring. The district may grant other user groups the right to occupy Field #1 for short term use and may collect a user fee for such right. All scheduling for use of Field #1 shall conducted by the District. The City shall have no responsibility to maintain Field #1, except as provided herein with respect to the concession stand. The City shall provide and pay for water, sewer and electricity. 4. Field Light and Restrooms. Field #1 does not include the field lights or the restrooms. The City shall maintain the field lights. The City shall clean and maintain the rest rooms. The City shall tum off the water and winterize the restrooms each fall and re -open each spring. 5. Fee In consideration for use of Field #1, the District shall pay the City an annual use fee of $1,000.00 ("use fee"). Payment is due in advance every year by December 15 beginning December 15, 2019. The use fee shall be adjusted annually based on the prior year's average CPI for all urban consumers for Midwest region set by U.S. Bureau of Labor Statistics at December 31. 6. 2019 Storage Shed The District may continue to place the 2019 storage shed on Field #1. The District acknowledges that the City will not insure the 2019 storage shed or its contents. The District shall insure the 2019 storage shed and its contents as provided herein. Upon termination or expiration of this Agreement, the District shall either remove the 2019 storage shed from Field #1 at its sole expense or arrange for it to be donated to the City. Improvements The District shall have the right, but not the obligation, to improve Field #1. Notwithstanding any other provision herein, the District shall not construct any improvement with an estimated cost in excess of $5,000.00 without the written consent of the Director of Parks and Recreation. All improvements shall be and remain the property of the District throughout the term of this Agreement. Upon expiration or termination of this Agreement, title to the District's improvements shall be and become the sole property of the City, and the District shall thereupon be required to, at the City's sole discretion, either: a) return and deliver up Field #1 in the same condition as when delivered to the District, normal wear and tear excepted; or b) return and deliver up to the City Field #1 and the District's improvements thereon. 8. Debris. Trash, and Ree clin The District shall be solely responsible for collecting and removing all debris and trash from Field #1. The District may place a dumpster on Field #1 at the District's expense. If District fails to do so and if City collects the debris and trash from Field #1, the District shall 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. The District shall provide containers for recycling aluminum cans and plastics, and the District shall be solely responsible for collecting and removing said recyclable. 9. Fields 2, 3, and 4 The District shall not have preference for use of Fields #2, #3 and #4 at Mercer Park. The District shall reserve said fields in advance through the City but shall not pay rental fees to the City for their use just. 10. Termination This Agreement shall terminate on December 31, 2024, unless renewed as provided herein. Upon notice to the City, the District may terminate this Agreement without cause effective the succeeding December 1, but no pro rate share of the use fee shall be refunded to the District. 11. Insurance a) Premises Insurance. The 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) property Insurance. The District shall purchase and maintain property insurance on the 2019 storage shed and all of its contents and the District's personal property located in Field #1. c) Governmental Immunities Endorsement. The District shall obtain a governmental immunities endorsement that meets the requirements set forth on Exhibit A, which is attached and incorporated herein. 12. Renewal The District shall have the right to renew this Agreement upon the same terms and conditions for two successive, five-year terms beginning January 1, 2024 provided that the District is not in default of any of its obligations under this Agreement at the time the renewal is to be effective. In order to exercise this right, the District shall provide the City notice by the immediately preceding October 1. 13. Declaration of Default and Notice In the event that the City or the District determines that the other has defaulted in the performance of its obligations under this Agreement, either party may declare that default has occurred and give notice thereof to the defaulting party. Notice of default shall be given in writing, shall specify the nature of the default and the provision of this Agreement involved, and shall specify what action is required of the defaulting party to correct the default. The defaulting party shall have thirty (30) days from the date of its receipt of the notice of default to correct the default. If at the end of said thirty -day period the default has not, in the opinion of the aggrieved party, been corrected, that party may thereupon pursue all lawful remedies, including but not limited to, termination of this Agreement, an action for specific performance thereof, and action for damages for breach thereof. 14. Notice Except as provided herein, all notices which the parties are authorized or required to give one another pursuant to this Agreement shall be in writing and may be personally delivered or sent by ordinary mail to the addresses hereafter provided. Any notice required or permitted by this Agreement will be deemed to be delivered, and thus effective, when personally received, or received by United States Mail, postage prepaid, certified mail return receipt requested, or receipt is refused. Such notices shall be delivered or mailed to the following persons at the addresses listed: a. Notices to the City: City Clerk, 410 E. Washington St., Iowa City, IA 52240 b. Notices to District: Superintendent, 1725 N. Dodge St., Iowa City, IA 52245 15. Amendment All amendments shall be in in writing. 16. Severability If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 17. Assignment Neither the District nor the City shall assign this Agreement without the consent of the other party. 18. Indemnification/Hold Harmless Each party agrees to release, indemnify and hold the other parties, their officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the party by reason of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non-performance by the other parties or their servants, employees or agents of any covenant or condition of this Agreement or by any act or failure to act of those persons. The City shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any 4 act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the City's control. This does not waive any of the defenses of governmental immunity available to the City or the District under Section 670.4 of the Code of Iowa, as it now exists and as it may be amended from time to time. 19. Waiver The waiver by either the City or the District of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms of this Agreement. 20. Entire Agreement This Agreement sets forth all of the covenants, promises, agreements, and conditions among the parties, and there are no other covenants, promises, agreements or conditions, either oral or written, among them. This Agreement may not be modified or amended in any manner except as provided herein. J�i7ra6�.� 2pzb Dated this Iq day of 9 , 2e". CITY OF IOWA CITY By: Geoff Fruin, City Manager IOWA CITY COMMUNITY SCHOOL DISTRICT By: JanerGodwin, Board President L City Attorney's Office EXHIBIT A 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. 1J Item Number: 6.j. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT December 3, 2019 Resolution amending the budgeted positions in the Neighborhood Services Division of the Neighborhood and Development Service Department by adding one .63 FTE Housing Program Assistant position. Prepared By: Steven J. Rackis, Housing Administrator Reviewed By: Erika Kubly, Neighborhood Services Coordinator Tracy Hightshoe, Neighborhood & Development Services Director Fiscal Impact: Operational funds, including an additional $42,000 anticipated in Housing Choice Voucher (HCVP) Administrative fees associated with these Mainstream vouchers will provide funding for the position. Recommendations: Staff: Approval Commission: N/A Attachments: HUD Mainstream Voucher Award Resolution Executive Summary: In July 2019, HUD made available $150,000,000 in new housing vouchers to assist non -elderly persons with disabilities currently experiencing homelessness, previously experienced homelessness and currently a client in a permanent supportive housing or rapid rehousing project, or those at risk of experiencing homelessness. The ICHA and Shelter House submitted an application for 100 Mainstream Vouchers, and on November 14, 2019, 60 vouchers were awarded. This award allows the ICHA to expand its partnership with Shelter House & agencies participating in the Continuum of Care/Coordinated Entry service delivery system by providing tenant -based rental assistance to persons with disabilities in need of Permanent Supportive Housing options. Additional staff is required to process and manage the vouchers. Background /Analysis: Currently, the Housing Authority's case management is split between four full-time Housing Program Assistants (HPAs) with program specific vouchers managed by the Public Housing Coordinator and HCVP Coordinator. The HPA caseloads are at optimal capacity, allowing them to provide appropriate customer service and case management for program participants. An additional 0.63 FTE Housing Program Assistant will allow the Housing Authority to re -balance caseloads from the Public Housing and HCVP Coordinators. In addition to managing the Mainstream vouchers, the following vouchers will be reassigned to this position: • 83 Veterans Supportive Housing Vouchers; • 60 Mainstream Vouchers; • 36 Home Ownership Vouchers; • 24 Cross Park Place Project Based Vouchers; and • 12 Prelude Vouchers. Total proposed caseload = 215 Current Federal revenues and anticipated administrative revenue from the Mainstream vouchers of approximately $42,000 will cover the cost of the position. Total cost of the new position for year one is estimated at $48,967 (assumes single coverage, not family). This salary will be split between the HCVP (78%) and Public Housing (22%) programs. This position has the same job description as the existing Housing Program Assistants. ATTACHMENTS: Description HUD Mainstream Voucher Award 2019 Resolution 19.4 P• U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT q ' � 1 �f WASHINGTON, DC 20410-5000 61Z6: 1 "4 4jOAV� OFFICE OF PUBLIC AND INDIAN HOUSING November 14, 2019 IA022 CITY OF IOWA CITY HOUSING AUTHORITY ATTN: STEVEN RACKIS 410 E. WASHINGTON ST. IOWA CITY, IA 52240-0000 Dear Executive Director: I am pleased to notify you that your public housing agency (PHA) will be awarded funds from the Mainstream Voucher Program Fiscal Year 2019 Notice of Funding Availability (NOFA) (FR -6300-N-43). This letter provides the specific details of the award and information concerning the disbursement of the funds. The following table identifies the funding obligated for your agency's awards: Tenn Budget Authority Number of Units 12 $381,521 60 Please contact your Financial Analyst at the Financial Management Center (FMC) by December 6, 2019 to select the effective date when your PHA may begin leasing these vouchers. The effective date may be as early as November 1, 2019 and no later than July 1, 2020. If you do not contact your Financial Analyst by December 6, 2019 your effective date will default to January 1, 2020. It is very important that you select a realistic effective date when your PHA will be ready to lease the awarded vouchers. If this is your first Mainstream Voucher allocation, your agency may consider delaying the effective date to allow time to update your waiting list and finalize your partnerships. Utilizing all of your awarded funding or vouchers within one year of the effective date will help ensure your PHA is eligible for full renewal and prevent any potential recapture of funding. As stated in the NOFA, HUD may recapture funding if the PHA does not maintain at least an 80% utilization rate, however, the goal is always 100% utilization of awarded funds or units. Please remember, as with the regular voucher program, the awarded budget authority and number of units both serve as a cap. Your agency may only lease until you have reached the lower of your budget authority or number of units allocated. This means some PHAs will lease all of their awarded units and still have money left over, or vice versa. If you have money left but you have leased all the awarded units, this extra funding will go into your agency's Mainstream HAP reserves. If you are on track to spend all of the awarded funding but still have units left, stop leasing before you run out of money and send an email to MainstreamVouchers@hud.gov for additional guidance. The FMC will provide your agency with an amended Annual Contributions Contract that reflects the obligation of funds and monthly disbursements will be scheduled. Initially, the first three months of disbursements will be made. Each disbursement will equal 1/12th of your award amount. Thereafter, monthly disbursements will be scheduled based on monthly expenses reported in the Voucher Management System (VMS). If you have not leased any vouchers by month three, you will not receive additional disbursements until VMS data show you are paying HAP. If at any time such disbursements are not sufficient to cover your monthly expenses, your agency should contact your Financial Analyst at the Financial Management Center. www.hud.gov espanol.hud.gov Your agency must follow all Housing Choice Voucher (HCV) program requirements when administering the Mainstream Voucher Program, including the regulations at 24 CFR part 982, and the requirements in the respective NOFA. This award is not an endorsement of your entire application and your PHA is required to follow relevant statutes, regulations, and HUD guidance even if you provided information in your application that conflicts with program policies To ensure that Mainstream families are recorded properly, you must record MS5 on line 2n of the form HUD -50058 (Family Report). Remember to accurately record families who are homeless at admission on line 4c of the HUD -50058. Mainstream vouchers and corresponding Housing Assistance Payment (HAP) expenses must be accurately reported in the Voucher Management System (VMS). The Mainstream Voucher Program is reported separately in FASS-PH under the CFDA code 14.879. Additional information regarding the Mainstream Voucher Program can be found at: htt s://www ,hud.LYov/ ro ram office ublicindian housin-/ ro rain N/hcv mains ream Please contact MainstreamVouchers@hud.gov if you have any questions. Sincerely I Qi iW sigrwd by Qmiefe L Bast the Chantelle L Bastarach��,,,.Roawm Iamaprc ngtasdoc �- . IamaFpro�rv�tfii�dawme-nt Danielle Bastarache Deputy Assistant Secretary for Public Housing and Voucher Programs Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 Resolut16n,No. 19-286 Resolution amending the budgeted positions in the Neighborhood Services Division of the Neighborhood and Development Service Department by adding one .63 FTE Housing Program Assistant position. Whereas, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires the adoption of a Housing Choice Voucher (HCV) Administrative Plan; Whereas, the Federal Department of Housing and Urban Development (HUD) made available $150,000,000 in new housing vouchers to assist non -elderly persons with disabilities currently experiencing homelessness, previously experienced homelessness and currently a client in a permanent supportive housing or rapid rehousing project, or those at risk of experiencing homelessness; Whereas, The Iowa City Housing Authority and Shelter House submitted an application in July 2019 for 100 Mainstream Vouchers. Whereas, On November 14, 2019, HUD announced the Iowa City Housing Authority was granted $381,521 to support 60 Mainstream vouchers. Whereas, this voucher award allows the ICHA to expand its partnership with Shelter House & agencies participating in the Continuum of Care/Coordinated Entry service delivery system by providing tenant -based rental assistance to persons with disabilities in need of Permanent Supportive Housing options. Whereas, Additional staff is required to process and manage the additional vouchers. Whereas, Current Federal revenues will cover the cost of the position and Administrative fees associated with the Mainstream vouchers will provide an additional $42,000+ in revenue. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The budgeted positions in the Neighborhood Services Division of the Neighborhood and Development Services Department be amended by: 1. Adding one .63 FTE Housing Program Assistant. Passed and approved this 3rd day of December _,20 19 A ved b ATTEST: City Jerk City Attorney's Office Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 Resolution No. 19-286 It was moved by Mims and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x Teague x Cole x Mims x Salih x Taylor x Thomas x Throgmorton Salih Item Number: 6.k. 1 CITY OF IOWA CITY ��.:. -dry in � at COUNCIL ACTION REPORT December 3, 2019 Resolution accepting the dedication of Outlot G, Peninsula Neighborhood, Second Addition as public open space. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: None. Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: In connection with the Peninsula Neighborhood, Second Addition, the owner agreed to dedicate Outlot G within said subdivisions to the City as public open space. The Parks & Rec. Dept. and Public Works Dept. have inspected the property and determined it is suitable for dedication at this time and recommends the City Council waive the contingency for all the plantings required by the OPDH because the current plantings are sufficient and appropriate for the space. Background /Analysis: ATTACHMENTS: Description Resolution Deferred to 12/17/19 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 Resolution No. Resolution accepting the dedication of Outlot G, Peninsula Neighborhood, Second Addition as public open space. Whereas, in connection with the Peninsula Neighborhood, Second Addition, the owner agreed to dedicate Outlot G within said subdivision to the City as public open space; and Whereas, the owner is now willing and able to dedicate said parcel to the City; and Whereas, pursuant to Section 12 of the subdivider's agreement recorded at Book 3626, Page 616 in the records of the Johnson County Recorder, four contingencies must be satisfied prior to the City accepting the dedication of Outlot G; and Whereas, one contingency is that all plantings as required by the OPDH plan have been completed and not all plantings have been completed; Whereas, the Parks & Recreation Department and Public Works Department have inspected the property and determined it is suitable for dedication at this time and recommends the City Council waive the contingency for all the plantings required by the OPDH because the current plantings are sufficient and appropriate for the space. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The dedication and conveyance of Outlot G, Peninsula Neighborhood, Second Addition, Iowa City, Iowa, as shown on the final plat thereof, recorded at Book 46, Page 186 in the plat records of the Johnson County Recorder, to the City for public open space, in a form of conveyance approved by the City Attorney's Office, is in the public interest and hereby approved and authorized. 2. The plantings in Outlot G are sufficient and the contingency that all plantings shown on the OPDH is waived. 3. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication and record the same at Peninsula Development Company, LLC's expense. Passed and approved this day of Attest: City Clerk Mayor 2019. I f _ a �, —(5 City Attorney's Office 6p, K Item Number: 6.1. 1 CITY OF IOWA CITY ��.:. -dry in � at COUNCIL ACTION REPORT December 3, 2019 Resolution naming the proposed park defined as Outlot G in Peninsula Neighborhood, Second Addition as "Emma Harvat Square Park." Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: Ad Hoc Naming Committee approved the name Attachments: Resolution Executive Summary: Council accepted the dedication of Outlot G in the Peninsula as public open space. City policy requires the naming of parks to be approved by City Council and an adhoc committee comprised of staff and the Parks & Rec. Commission. This resolution names the park "Emma Harvat Square Park," in honor of the City's first female mayor as recommended by the ad hoc committee. Background /Analysis: ATTACHMENTS: Description Resolution Deferred to 12/17/19 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 3565030 Resolution No. Resolution naming the proposed park defined as Outlot G in Peninsula Neighborhood, Second Addition as "Emma Harvat Sauare Park." Whereas, in the Subdivider's Agreement for Peninsula Neighborhood, Second Addition recorded August 28, 2003 in Book 3626, Page 616, in the office of the Johnson County Recorder, the owner agreed to dedicate as open space Outlot G, which the City Council has accepted in Resolution No. 19-_, Whereas, Outlot G is bordered by Willenbrock Circle to the south, Martin Street to the east, Walker Circle to the north, and Foster Road to the west; Whereas, Outlot G is intended for a park; Whereas, as required by the City Naming Policy approved in Resolution No. 11-70, an ad hoc committee recommends that the park be named "Emma Harvat Square Park"; Whereas, Emma Harvat is the City's first female mayor; and Whereas, the City Naming Policy requires the name of the park be approved by the ad hoc committee and City Council. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that: The proposed park defined as Outlot G in Peninsula Neighborhood, Second Addition shall be known as "Emma Harvat Square Park." Passed and approved this day of 2019. Mayor Approved by _ Attest: 1 ? 6 - f S City Clerk City Attorney's Office Item Number: 6.m. 1 CITY OF IOWA CITY ��.:. -dry in � at COUNCIL ACTION REPORT December 3, 2019 Resolution approving an agreement with the Peninsula Neighborhood Homeowners Association, Inc. regarding use and maintenance of Emma Harvat Square Park. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Juli Seydell Johnson, Parks & Rec. Director Fiscal Impact: None. Recommendations: Staff: Approval Commission: None. Attachments: Resolution Maintenance agreement Executive Summary: In the previous items, the City Council accepted Outlot G, an area of land in the peninsula neighborhood bordered by Willenbrock Circle, Martin Street, Walker Circle, and Foster Road, as open space and named it Emma Harvat Square Park. The Peninsula Neighborhood Homeowners Association, Inc. has maintained Outlot G as a public open space for the neighborhood for over ten years and wishes to continue to provide some maintenance which is acceptable to City staff. This resolution approves the attached maintenance agreement. Background /Analysis: ATTACHMENTS: Description Resolution Maintenance agreement Deferred to 12/17/19 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. Resolution approving an agreement with the Peninsula Neighborhood Homeowners Association, Inc. regarding use and maintenance of Emma Harvat Square Park. Whereas, in the Subdivider's Agreement for Peninsula Neighborhood, Second Addition recorded August 28, 2003 in Book 3626, Page 616, in the office of the Johnson County Recorder, the owner agreed to dedicate as open space Outlot G, which the City Council has accepted in Resolution No. 19-_, Whereas, Outlot G is bordered by Willenbrock Circle to the south, Martin Street to the east, Walker Circle to the north, and Foster Road to the west; Whereas, in Resolution No. 19-_, Council approved naming the park as Emma Harvat Square Park; Whereas, the Peninsula Neighborhood Homeowners Association, Inc. has maintained Outlot G as a public open space for the neighborhood for over ten years and wishes to continue to provide some maintenance which is acceptable to City staff; and Whereas, the attached maintenance agreement should be approved. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that: The City Manager is authorized to sign the attached Agreement between the City of Iowa City and Peninsula Neighborhood Homeowner's Association, Inc. regarding the Use of Emma Harvat Square Park and is further authorized to sign amendments thereto. Passed and approved this day of Mayor City Clerk 2019. Approved by City Attorneys Office An Agreement between the City of Iowa City and Peninsula Neighborhood Homeowners Association, Inc. regarding the Use of Emma Harvat Square Park This agreement is entered into in Iowa City, Iowa between the City of Iowa City, Iowa, a municipal corporation ("City"), and the Peninsula Neighborhood Homeowners Association, Inc. ("HOA"). WHEREAS, the City is the owner of Emma Harvat Square Park ("park") located at 904 Walker Circle; and WHEREAS, the park is the focal point of the Peninsula neighborhood; and WHEREAS, the HOA wishes to assist the City in the care and maintenance ofthe park and desires to enter into an agreement for such care and maintenance. NOW, THEREFORE, THE CITY AND THE HOA AGREE AS FOLLOWS: 1. The HOA shall mow the park and maintain the park landscaping. Mowing and landscaping shall be conducted by the HOA in a manner consistent with City ordinances and policies. Landscaping means turf; perennial plantings, and annual plantings. 2. The HOA shall plow snow on the park sidewalks consistent with City ordinances and policies. The HOA shall not remove the snow to the street and not in a manner that interferes with parking along the perimeter ofthe park. Other routine park sidewalk repairs and maintenance, including but not limited to replacement of concrete panels, crack filling, and repair of curb ramps, shall be the responsibility ofthe City. 3. The City shall maintain park equipment, including but not limited to the shelter, benches and playground equipment, and replace said equipment consistent with the City's capital equipment replacement program. Replacement of equipment shall be negotiated between the City and the HOA. 4. The City shall maintain the trees in the park, and shall replace dead or dying trees in accordance with standard City policies governing such. The HOA shall be allowed to replace or add trees with the written permission of the Director of Parks and Recreation. 5. The City shall pay the electricity expense of the park. 6. The City shall be responsible for shelter reservations, and the HOA shall not be given preference for shelter reservations. 7. The HOA shall not have exclusive use of the park or its amenities, except if it reserves the shelter. 8. Upon design approval of the Director ofParks and Recreation, whose approval shall not be unreasonably be withheld, the HOA may place holiday lights in the shelter, at its expense and maintenance from November through January. Holiday lights shallnot be allowed in park trees. 9. The park irrigation system in the park may be operated by the HOA and the City, but the City is under no obligation to maintain said system. The City shall allow the HOA to repair or replace the park irrigation system at the sole expense of the HOA upon obtaining a temporary construction easement from the City. The City may remove the park irrigation system ifthe HOA fails to maintain the system or for other good cause as determined by the Parks and Recreation Director. 10. This agreement shall become effective upon execution. 11. This agreement shall remain in full force and effect for a period of years, and will automatically renew upon the same terms and conditions every 3 years unless either party desires not to renew the agreement. Written notification ofthe desire not to renew shall be provided 90 days prior to the renewal date via U.S. mail as follows: Notice from the City to the HOA shall be provided to: President, Peninsula Neighborhood Association, Inc. address ofthe home office as shown on the Secretary of State's website Notice from the HOAto the City shall be provided to: City Clerk City Hall 410 E. Washington St. Iowa City, IA 52240 12. All amendments shall be in writing and require concurrence of both parties. 13. The HOAshall not assign this agreement without the City's written consent. 14. Each party agrees to release, indemnify and hold the other party, its officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses incidental thereto, which may be suffered by, or charged to, the party by reason of any loss or damage to any property or injury to or death of any person arising out of or by reason of any breach, violation or non- performance by the other parties or their servants, employees or agents of any covenant or condition of this agreement or by any act or failure to act of those persons. 15. Ifany provision o£this agreement is held to be invalid, illegal or unenforceable, the validity ofthe remaining provisions shall not be affected or impaired. 16. This Agreement sets forth all of the covenants, promises, agreements, and conditions between the parties, and there are no other covenants, promises, agreements or conditions, either oral or written. Dated this __ day of, 2019. CITY OF IOWA CITY GeoffFrum, City Manager PENINSULA NEIGHBORHOOD HOMEOWNERS ASSOCIATION, INC. By Adam etori s, oard President A wed By CIty Attorneys office Item Number: 6.n. 1 CITY OF IOWA CITY ��.:. -dry in � at COUNCIL ACTION REPORT December 3, 2019 Resolution accepting the work for the Riverfront Crossings Park, Phase 1 Project. Prepared By: Ben Clark, Sr. 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: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: This project has been completed by Peterson Contractors, Inc. of Reinbeck, Iowa, in substantial accordance with the plans and specifications prepared by Confluence, Inc. of Des Moines, Iowa. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. • Project Estimated Cost: $ 2,760,000.00 • Project Bid Received: $ 2,988,693.14 • Project Final Cost: $ 2,791,946.96 Background /Analysis: This is the first of multiple projects to construct a park on the former site of the City's North Wastewater Treatment Plant. This phase included the creation of 5 acres of wetland, streambank restoration, site grading in preparation for future park amenities, construction of multi -use paved trails and a parking lot. ATTACHMENTS: Description Engineer's Report Resolution ENGINEER'S REPORT November 26, 2019 City Clerk Iowa City, Iowa Riverfront Crossings Park Phase 1 Project Dear City Clerk: I � i VIII p CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.iogov.org I hereby certify that the construction of the Riverfront Crossings Park Phase 1 Project has been completed by Peterson Contractors, Inc. of Reinbeck, Iowa, in substantial accordance with the plans and specifications prepared by Confluence, Inc. of Des Moines, Iowa. The project was bid as a unit price contract and the final contract price is $2,791,946.96 There was a total of twenty-five (25) change or extra work orders for the project as described below: Change Order Description Net Change 1 Remove and reinstall new fence on adjacent property due to $ 19,258.50 unforeseen conflict. 2 Adjustment for incorrect pavement quantiles on Bid Form and $ (228,395.76) additional compaction testing for the alternates. 3 Additional creek bank restoration not included in original contract. $ 13,802.25 4 Electric supply relocation at Owners request to allow for the $ 1,540.00 removal of the existing power pole northwest of Circle Drive. 5 Unforeseen excavation of rubble and backfill material for $ 2,475.00 installation of sheet pile at culvert crossing. 6 Relocate bridge piling due to conflict with 84" sanitary sewer. $ 9,000.00 7 Nitrile gaskets for hydrant relocation and 12" Flared End Section to $ 1,920.60 replace existing 15" Corrugated Metal Pipe. 8 Ameron protective lining was not specified in bid documents for $ 1,849.49 sanitary sewer manhole adjustment on MHA -6. 9 Stormwater Intake modifications in parking lot to adjust unforeseen $ 2,519.00 elevation conflict. 10 Owner/Designer requested changes to the site furnishings. $ (16,462.00) 11 Reduction in quantities for Excavation Class 10 Reuse Onsite. $ (63,900.00) 12 Add full depth pavement saw cutting at Trail B/Highway 6 shoulder. $ 704.44 13 Substitute flexterra hydro -mulch for Rolled Erosion Control Product $ (1,968.50) to facilitate spring seeding. 14 Added topsoil to floor of Vernal Pool. $ 2,250.00 15 Additional 12" RCP Apron Guard and 42" Hydrant Extension. $ 2,662.00 16 Add rock flume for erosion issues behind adjacent property. $ 6,538.00 17 Contractor requested change of mulch type to facilitate spring $ 3,465.00 seeding. 18 Additional seeding areas in the Right -of -Way not included in the $ 2,974.40 original contract. 19 Additional Limestone Outcropping needed to raise Nature Play $ 25,748.05 Area Patio. 20 Additional Conduit, Handholes and IT Work. $ 20,130.00 21 Valve box near hydrant at entrance needed an extension to meet $ 612.00 new grade. 22 Riffle 5 needed to be repaired and reinforced. $ 33,238.05 23 Remove existing traffic control base and handhole. Relocate CIC $ 5,390.00 008 HH - trail conflict. 24 Replace broken pavement panels to facilitate ADA ramps on South $ 9,020.00 Gilbert. Additional Traffic Control. 25 Deduct defective pavement quantities $ (4,516.00) Total $ (150,145.48) I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Ben Clark, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 19-287 Resolution accepting the work for the Riverfront Crossings Park, Phase 1 Project Whereas, the Engineering Division has recommended that the work for construction of the Riverfront Crossings Park Phase 1 Project, as included in a contract between the City of Iowa City and Peterson Contractors, Inc. of Reinbeck, Iowa, dated June 13, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Park at Site of North WWT Plant account #R4185 and North Wastewater Plant Demolition account #V3142; and Whereas, the final contract price is $2,791,946.96. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of December Ma r Attest: &_C14. City Jerk 2019 Approved by City Attorney's Office It was moved by trims and seconded by Salih the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.o. 1 CITY OF IOWA CITY ��.:. -dry in � at COUNCIL ACTION REPORT December 3, 2019 Resolution accepting the work for the storm sewer, sanitary sewer, water main, and paving public improvements for Stone Bridge Estates — Part 10, and declaring public improvements open for public access and use. Prepared By: Jason Reichart, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: Stone Bridge Estates — Part 10 is the final addition of the Stone Bridge Estates Development on the east side of Iowa City. It is a 26 -lot, 8.06 -acre residential subdivision located east of Stone Bridge Estates — Part 7 and Part 8. Stone Bridge Estates — Part 10 extends Huntington Drive north and Thames Drive east to Taft Avenue. Background /Analysis: The construction of the storm sewer, sanitary sewer, water main, and street paving improvements for Stone Bridge Estates — Part 10 have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. ATTACHMENTS: Description Engineer's Report Resolution I r WIM�A®1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.iogov.org ENGINEER'S REPORT November 8, 2019 Honorable Mayor and City Council Iowa City, Iowa Re: Stone Bridge Estates — Part 10 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Stone Bridge Estates — Part 10 have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Jason Reichert, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416 Resolution No. 19-288 Resolution accepting the work for the storm sewer, sanitary sewer, water main, and paving public improvements for Stone Bridge Estates — Part 10, and declaring public improvements open for public access and use Whereas, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications approved by the Engineering Division. Sanitary sewer, storm sewer, and water main improvements for Stone Bridge Estate — Part 10, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Stone Bridge Estate — Part 10, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. Whereas, the maintenance bonds have been filed in the City Clerk's office; and Whereas, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and Whereas, the traffic control signs have been installed. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 3rd day of December , 2019 Approved by Attest: City Clerk City Attorney's Office t ( z l0 11 It was moved by Mims and seconded by Salih 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 t,� M or Approved by Attest: City Clerk City Attorney's Office t ( z l0 11 It was moved by Mims and seconded by Salih 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 t,� Item Number: 6.p. 1 CITY OF IOWA CITY ��.:. -4 in � at COUNCIL ACTION REPORT December 3, 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 HDR Engineering, Inc., Omaha, Nebraska to provide engineering consultant services for the Methane Feasibility Study Project. Prepared By: Joe Welter, Sr. Civil Engineer Reviewed By: Jen Jordan, Resource Management Superintendent Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $125,000.00 available in Wastewater Operations, Account #72720122 and the Landfill Operations — Other Professional Services, Account #75750121 . Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Agreement Executive Summary: This agenda item approves the consultant agreement to provide professional engineering services for preparation of a Methane Feasibility Study for the Iowa City Landfill and Recycling Center and Wastewater Treatment Plant. Background /Analysis: The developed study will address Action Numbers 3.7 (Take action on a study to efficiently capture and use methane from wastewater operations) and 3.8 (Take action on a feasibility study on energy generation from landfill methane) included in the Iowa City Climate Action and Adaptation Plan. The study will evaluate current and future methane generation, collection, processing, and reuses at the two facilities based on the following three categories for feasibility: • Net Greenhouse Gas (GHG) using a methodology to show GHG investments and GHG reductions • Net Energy using a methodology like Energy Return on Energy Invested (EROEI) • Economics using a methodology like Return on Investment The Consultant will prepare draft and final studies comparing three fully developed alternatives for methane generation, collection, processing, and reuse at each facility. Alternatives analyzed will consider technical, operational and financial feasibility, including capital investment; operations and maintenance costs and staffing; market risks; commodity pricing; and other variables associated with reuse of methane at the two facilities. The alternatives to be considered are: • Electricity generation for use onsite or fed onto the distribution grid • Pipeline quality gas fed into the local distribution system • Conversion to compressed natural gas or liquefied natural gas for use in fueling vehicles The draft study is expected in March 2020, with the final study report anticipated by the end of April 2020. ATTACHMENTS: Description Resolution Agreement Prepared by: Joe Welter, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 3565144 Resolution No. 19-289 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 HDR Engineering, Inc., Omaha, Nebraska to provide engineering consultant services for the Methane Feasibility Study Project. Whereas, the City of Iowa City adopted a Climate Action and Adaption Plan in 2018, which contained objectives for conducting a study to determine the feasibility of methane generation, collection, processing, and reuses at the Iowa City Landfill and Recycling Center and Wastewater Treatment Plant (WWTP). Whereas, the City desires to obtain the services of a qualified consulting firm to perform a feasibility study to meet these objectives from the Climate Action and Adaptation Plan; and Whereas, the City issued a Request for Proposals (RFP) to private engineering consulting firms interested in performing the services of this project; and Whereas, submittals were received from consulting firms and evaluated by a selection committee; and Whereas, HDR Engineering, Inc. was selected based on qualifications and project specific criteria such as experience, key personnel, project approach, schedule, and price; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with HDR Engineering, Inc., to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with HDR Engineering, Inc.; and WHEREAS, funds are available in the Wastewater Operations, 72720122-432080, and the Landfill Operations - Other Professional Services, 75750121 - 432080. 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. 19-289 Page 2 Passed and approved this 3rd day of December '2019 IVIEffor Attest: Ci Clerk q& It was moved by trims and seconded by adopted, and upon roll call there were: Ayes: 0:1 Nays: ct roved/i--2�--Ilf� City Attorneys Office Salih Absent: the Resolution be Cole Mims Salih Taylor Teague Thomas Throgmorton Consultant Agreement This Agreement, made and entered into this 3rd day of December 2019 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and HDR Engineering, Inc., of Omaha, Nebraska, hereinafter referred to as the Consultant. WHEREAS, the City of Iowa City adopted a Climate Action and Adaption Plan in 2018, which contained objectives for conducting a study to determine the feasibility of methane generation, collection, processing, and reuses at the Iowa City Landfill and Recycling Center and Wastewater Treatment Plant (WVVfP). WHEREAS, the City desires to obtain the services of a qualified consulting firm to perform a feasibility study to meet these objectives from the Climate Action and Adaptation Plan; and WHEREAS, the City issued a Request for Proposals (RFP) to private engineering consulting firms interested in performing the services of this project; and WHEREAS, submittals were received from consulting firms and evaluated by a selection committee; and WHEREAS, HDR was selected based on qualifications and project specific criteria such as experience, key personnel, project approach, schedule, and price; and WHEREAS, funds are available in the Wastewater Operations, 72720122-432080, and the Landfill Operations — Other Professional Services, 75750121 — 432080 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. Consultant will complete the following series of tasks: Task 100 — Project Management and Basis of Study Objective: HDR will plan and manage professional services to provide efficient completion of the Project. Project management activities include general coordination with City team members; initiating and participating in Project Meetings; planning, organizing, and monitoring Project Team activities; monitoring the schedule and budget; tracking and communicating changes in scope; and preparing invoices. HDR Activities: 101. Project Management Plan — A project plan will be developed that includes: • Project scope, schedule, budget, and coordination requirements; • Quality assurance/control plan; and • Administrative procedures, such as invoicing, communication protocol, and -2 - formats. • The plan will be distributed to team members by HDR's and the City of Iowa City's Project Managers. 102. Project Coordination — HDR will coordinate meetings with the City to review project progress, schedule, and budget, identify information needs, and make decisions regarding any changes to this Scope of Services. A monthly progress report will be developed as part of this subtask. 103. Basis of Study Memo — HDR will prepare a memo identifying the basis of the feasibility study as it relates to the WWfP and the Landfill. Anticipated Meetings: 104. A Project Initiation Meeting will be held with City Staff at the landfill and WWTP to confirm project objectives and expectations, establish lines of communication, review site specifics, and exchange data records necessary to complete the study. 105. Five (5) monthly progress meetings. Meeting minutes will be kept and distributed to Project Team Members as part of this subtask. Task Deliverables: • Meeting agendas and minutes • Monthly project progress report • Monthly invoicing • Basis of Study Memo Information Provided by the City: • Determine City participants in the monthly progress meetings and provide HDR with contact information for all participating team members. • Coordinate local meeting logistics, including securing a meeting room at City facilities. • Review/process invoices. Key Understandings and Assumptions: • Project management services will be provided throughout the duration of the project. The project duration is assumed to be five months through April 2020. Additional project management services will be required if the period of services is extended or additional services are added as an amendment to this Agreement. • Up to three (3) HDR staff will participate in monthly progress meetings. Progress meetings are assumed to last one (1) hour in duration and will be held via conference call. No travel expenses are included in the budget for these progress meetings. • All deliverables for this task will be submitted to the City electronically in Microsoft Office or Adobe PDF file format. -3 - Task 200 — Wastewater Methane Feasibility Study Objective: Determine the feasibility of current and future methane generation, collection, and capture processes to beneficially reuse captured methane to create renewable fuel or electricity that can be used to operate the WWTP or fed onto the local distribution grid or pipeline system. HDR Activities: 201. Wasteshed Analysis — Conduct an analysis of digestible feedstocks available for collection at the local and regional levels. Feedstocks will be selected based on suitability for digestion and production of biogas. Biomass and biogas production estimates shall be prepared for the following categories: • Biosolids from the Iowa City Water Pollution Control Facility • Commercial organics from industry and commercial facilities within the market area including FOG and food waste diversion from restaurants and food service establishments such as schools, hospitals, and nursing homes along with solid and liquid waste from industry, manufacturing or food processing. 202. Facility Evaluation — This task will evaluate the current and future capacity of the digestion and solids handling facilities, review current and future gas production rates at the plant, and determine if excess capacity could be utilized for co -digestion of additional feedstocks. • Summarize current flows and loads, solids production levels, and biogas production. • Project future domestic flows and loads based on input from the City, forecast solids production levels, and biogas production. • Evaluate digester, solids and biogas capacity, and needs for additional facilities with and without additional organic feedstocks. • Evaluate and project biogas future biogas production rates with and without additional organic feedstocks. • Review current electrical, natural gas and chemical usage at the facility and estimate current Greenhouse Gas (GHG) production levels. 203. Anaerobic Digestion and Nutrient Recovery Analysis — Perform the following tasks to develop a conceptual design to digest the feedstocks identified and provide further processing of the solids and high nutrient return flows. • Develop a feedstock processing and management plan based upon the substrates. This may include feed stock segregation, de -packaging, maceration, mixing, dewatering, and flow equalization. • Identify mitigation approaches to minimize unintended consequences to digestion process including accumulation of inert solids, increase in hydrogen sulfide production, struvite precipitation, mixing limitations, capacity impacts, and incompatible materials issues (e.g. solvent -gasket incompatibility, acid corrosion of metals). 9 Perform high level evaluation of the implications of the digestion of additional -4 - organic wastes on the organic capacity and nutrient removal performance of the WWTP. Recommend additional studies as needed. • Develop an overall process flow diagram outlining all inputs and outputs from the digestion process. This will include all beneficial uses from the various digested byproducts. • Develop a generic site plan for showing locations and sizing of major process equipment, buildings, site access, and utilities. • Develop opinions of probable project costs for the feedstock receiving and storage, anaerobic digester system, liquid and solids disposal systems, nutrient recovery processes and other components of the project. • Develop estimated ongoing operation and maintenance (O&M) costs, including utilities, labor, materials, chemicals, monitoring, and compliance requirements. 204. Biogas Utilization Analysis — Review biogas utilization alternatives including electrical power generation with heat recovery, biogas conditioning for vehicle fuel, and pipeline injection. • For the power generation alternative: o Review options for number and capacity of engine generators. o Review and develop comparisons for engine generator manufacturers, costs and fuel requirements, foot print, and air quality standards. o Summarize available heat recovery and supplemental heating requirements. o Develop a biogas upgrading design concept to upgrade the biogas generated from the anaerobic digester to quality required by the engine generators. • For the vehicle fuel alterative: o Develop a biogas upgrading design concept to upgrade the biogas generated from anaerobic digestion to Renewable Natural Gas (RNG) Standards. o Review the technology options for biogas upgrading. Evaluation to include capital costs, operating costs, efficiency of removals and disposal of generated tail gas. o Evaluate the supply versus demand for RNG at the WWTP. Demands for RNG include: • City owned fleet vehicles. • Others as identified by the City. o Evaluate costs for RNG filling station and location. For the pipeline injection alternative: o Evaluate routing options to the most feasible nearby pipeline -5- o Evaluate gas quality required by the pipeline owner injection requirements of the pipeline owner. o Develop a biogas upgrading design concept to upgrade the biogas generated from the anaerobic digester to pipeline standards. • Review the technology options for biogas upgrading. Evaluation to include capital costs, operating costs, efficiency of removals and disposal of generated tail gas. Coordination with local electric and natural gas utilities to determine the feasibility of connection to their systems, high-level connection requirements, and the current value of the resource. Anticipated Meetings: • Included in Task 100 Task Deliverables: • Wasteshed Analysis and Evaluation of Existing Facility Technical Memo (201 and 202) • Anaerobic Digestion and Nutrient Recovery Analysis Technical Memo (203) • Biogas Utilization Analysis Technical Memo (204) Information Provided by the City: Project data files anticipated to be provided by the City include, but are not limited to, the following: o Historical biogas production quantities, o As -built or design construction drawings, o O&M Manuals for the existing biogas system, and o Any historical studies or planning documents related to the facility capacity or design flows and loads. o GHG emission source activity data and GHG emissions calculations (first order of decay or methane commitment model) for most recent community -wide GHG emissions inventory. Key Understandings and Assumptions: • Project data and files from the City will be made available during the Project Initiation Meeting, Task 100, Item 104. • Inspection of existing facilities will be limited to visual review through photography and note taking. All deliverables will be submitted to the City electronically in Microsoft Office or Adobe PDF file format I M. Task 300 — Landfill Methane Feasibility Study Objective: Determine the feasibility of current and future methane generation, collection, and capture processes to beneficially reuse captured methane to create renewable fuel or electricity that can be used as a renewable energy source at the landfill or fed onto the local distribution grid or pipeline system. HDR Activities: 301. Facility Evaluation — This task will evaluate the current and future generation and collection of methane at the landfill and review current and future gas production rates at the facility. • Evaluate existing infrastructure and operations including any planned future gas system expansions and operational changes anticipated at the landfill. • Prepare landfill gas generation and recovery projections for the landfill to serve as the basis for expected flow rates feeding into the processing and beneficial reuse system. A Landfill Gas Recovery Technical Memorandum will be prepared to document the assumptions used in preparing the landfill gas generation and recovery projections. 302. Landfill Gas (LFG) Utilization Analysis — Review LFG utilization alternatives including electrical power generation, LFG conditioning for pipeline injection, and alternative vehicle fuel. • Provide a comprehensive comparison of three industry proven alternatives for LFG processing and beneficial reuse. At a minimum, the evaluation will consider: o Electricity generation from the LFG for use either onsite or supplied to the electrical grid • Review options for type and quantity of engine generators over the life of the LFG production. • Review raw LFG pretreatment options to improve engine life, reduce maintenance requirements and reduce air quality impacts. • Evaluate existing and future onsite electrical use demands. • Evaluate potential interconnect requirements for supplying power to electrical grid. o Converting the LFG to pipeline quality gas for supply to the local pipeline distribution system • Review industry proven options for cleaning LFG to pipeline quality including capital costs, operating costs and technological efficiencies. • Determine gas quality requirements for injection by pipeline owner. -7- • Evaluate potential pipeline routes to point of injection. o Converting the LFG to compressed natural gas (CNG) or liquefied natural gas (LNG) for use in fueling vehicles • Review and evaluate industry proven options for cleaning LFG to meet the RNG Standards for use as either CNG or LNG including capital costs, operating costs and technological efficiencies. • Evaluate demands for RNG at the landfill including hauling vehicles and others as identified by the City. • Evaluate costs for CNG/LNG filling station and potential locations. • Coordination with local electric and natural gas utilities to determine the feasibility of connection to their systems, high-level connection requirements, and the current value of the resource. • The evaluation will consider potential synergies and challenges in relation to other climate action goals, such as increased organics diversion through composting. • The evaluation will consider the technical, operational, and financial viability of each proposed alternative. The financial component will consider necessary capital investments, operation and maintenance costs, staffing costs, and commodity pricing when evaluating economic feasibility. Known market risks, permitting, and other variables associate with each option will be included in the study. • HDR will model potential GHG emission reductions for each of the evaluated beneficial landfill gas reuse options to determine what impact it may have on total landfill related GHG emissions. Anticipated Meetings: • Included in Task 100 Task Deliverables: • LFG Recovery Technical Memo Information Provided by the City: • Project data files anticipated to be provided by the City include, but are not limited to, the following: o Historical LFG production quantities, o As -built or design construction drawings, o O&M Manuals for the existing LFG system, and o Any historical studies or planning documents related to the facility capacity or design flows and loads. we o GHG emission source activity data and GHG emissions calculations (first order of decay or methane commitment model) for most recent community -wide GHG emissions inventory. • Commodity pricing and demand data or analysis. Key Understandings and Assumptions: • Project data and files from the City will be made available during the Project Initiation Meeting (Task 104). • Inspection of existing facilities will be limited to visual review through photography and note taking. • HDR is not providing a revenue projection or analysis of financial feasibility of alternatives; simply a return on investment (ROI) calculation based on owner - provided commodity pricing and demand data/analysis. Such projections are highly dependent on open market commodity pricing, political volatility, and local, state, and federal programs and policies. • All deliverables will be submitted to the City electronically in Microsoft Office or Adobe PDF file format. Task 400 — Economic Analysis and Feasibility Report Objective: Perform economic analyses on the WWTP and Landfill Alternatives (identified in Tasks 200 and 300 above) and prepare a comprehensive feasibility report that clearly presents the study findings and recommendations. HDR will use its Sustainable Return on Investment Analysis (SROI) to perform the economic analysis. The analysis will provide a triple bottom line breakdown of economic impacts associated with life cycle energy, environmental emissions and cost impacts on the WWTP and Landfill Alternatives. HDR Activities: 401. Data Collection — Collect necessary data to perform the economic analysis. A mix of generic and facility/site-specific information will be used for the lifecycle emissions analysis. The data collection and evaluation effort will include: • Reviewing reports and outputs from Tasks 200 and 300. • Identify and collect additional data necessary to monetize impacts such as EPA Egrid datasets, Emissions rates for facilities, etc. • Prepare a data table template containing the key parameters and units that are needed for modeling for site specific data needed from the Client. • Identify any other models necessary to perform the economic analysis such as EPA MOVES, EPA COBRA, etc. The team will work to develop the inputs to run those models. • Prepare a Technical Memorandum that outlines benefit categories, data requirements and results. The computations for each category will be represented in "structure -and -logic" diagrams that graphically show how data sets are used to generate results. In addition, all available baseline and project cost data will be compiled and formatted into a database which will be used in M the analysis. HDR will present this material in a workshop to outline the analytical approach, data collected, data gaps and options for reconciling gaps. 402. SROI Modeling — Develop an SRO] model of the alternatives. • Develop a model to perform SROI analyses based on methods suitable for using available data. Computation of total benefits for each alternative will be based on the sum of alternative related benefits. The process starts with a clear description of the alternatives to be analyzed. These alternatives are compared to a Base Case or a No -Build Case: o Base (No -Build) Case: Investments are made over time to maintain the existing facilities in their current operational modes. o Alternative (Build) Case: Technical alternative(s) to be determined through the study process. The range of potential effects and their significance are identified through discussions between HDR's and the City's project teams. HDR augments this input with an independent review of industry literature to assess which effects can be reasonably quantified and/or monetized. The effects are mapped to align with the benefits outlined in the City's Climate Action and Adaptation Plan and decision metrics or project evaluation metrics such as ROI and Net GHG are defined for each. • Standardized values for improvements and other benefit categories will be applied consistently to each option. The model will compute lifecycle costs and benefits from data on capital and annual costs and value creation over a 30 - year planning horizon. • Data gaps and uncertainties will be explicitly identified in this stage for discussion in the SROI workshop. The workshop will consist of one-half day session. The workshop begins with a review of the SROI approach. The remainder of the time will entail in-depth discussions to review project costs, impacts, and the approaches to estimating environmental and social benefits of each alternative. 403. SRO[ Analysis - SRO[ analysis using available data and methods that have been discussed and agreed upon in the workshop discussed in the previous task. Preliminary results will consist of Value -for -Money Metrics of Alternative, subject to constraints identified above in Task 402. • HDR will present results to the City's Project Team in a workshop to discuss findings, areas of uncertainty, and potential modifications to analytical scenarios. Following the workshop, HDR will refine the model and data, as necessary, and revise initial findings. 404. Reporting — Preparation of a draft SROI Feasibility Report summarizing the SROI process and findings. The Report will also include recommendations for further analysis needed to provide more certainty to the SROI calculations and other potential opportunities to apply the SRO] process. Previously prepared documentation on analyses of other opportunities will be adjusted to account for these new evaluations. -10 - Anticipated Meetings: • Workshop to review the draft Feasibility Report and assumptions prior to finalizing the economic analysis and Feasibility Report. Task Deliverables: • Draft Feasibility Report in Microsoft Office or Adobe PDF format. • Final Feasibility Report in PDF format and three hard copies. Information Provided by the City: • Financial and other information related to current facility operations. Key Understandings and Assumptions: • Coordinate local meeting logistics, including securing a meeting room at City facilities. • HDR is not providing a revenue projection or analysis of financial feasibility of alternatives. Such projections are highly dependent on open market commodity pricing, political volatility, and local, state, and federal programs and policies. • The City will provide a consolidated set of non -conflicting comments on draft deliverables within a mutually agreed upon timeframe to meet the project schedule. The City will provide feedback on (i) the types of impacts to be considered; (ii) the structure and logic models; and, (iii) the data assumptions. • All deliverables will be submitted to the City electronically in Microsoft Office or Adobe PDF file format. Three hard copies of the final report will be provided. • The City will provide financial and other information related to current facility operations. -11 - Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. TASK DEC JAN FEB MAR APR 100: Project Management and � Basis of Study 200: Wastewater Methane — Feasibility Study - 300: Landfill Methane Feasibility Study° 400: Economic Analysis and - -� Feasibility Study A Draft Feasibility Report will be provided by March 31, 2020 for City review and comment A Final Feasibility Report will be provided by April 30, 2020 III. Compensation for Services Compensation for Consultant's services under this Agreement shall be on the basis of Hourly Billing Rate as provided for in Exhibit A for the services of Consultant's personnel engaged on the Project, plus Reimbursable Expenses, estimated to be $800. The cost of the project as outlined in the scope of work that forms part of this Agreement shall not exceed the sum of $124,600 plus approved adjustments. Compensation terms are defined as follows: Hourly Billing Rate shall mean an hourly rate equal to the appropriate Resource Classification and associated hourly rate to be paid as total compensation for each hour an employee works on the project, plus Reimbursable Expense. Hourly Billing Rate shall mean salaries and wages, (basic and overtime) paid to all personnel engaged directly on the Project. The Hourly Billing Rates shall be valid for the duration of the project. Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in connection with the Project for transportation travel, subconsultants, subcontractors, technology charges, telephone, telex, shipping and express, and other incurred expense. Consultant will add ten percent (10%) to invoices received by Consultant from subconsultants and subcontractors to cover administrative expenses and vicarious liability. -12 - IV. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 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 III. 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. 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. -13 - 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 thatthe 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 acknowledges 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. Indemnification. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. -14- P. Insurance 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 in the sum of $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care. 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning; care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. 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 -15 - objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. For the City / By: L . Title: Mayor Date: 12/03/2019 Attest: For the Consultant Sr. Vice President Date: 11/22/2019 Approved by: (�c�— City Attorney's Office Date -16 - Exhibit A — HDR Billing Rates The billing rate is valid for the duration of the project. Project Principal $200-290 Senior Project Manager $190-210 Project Manager $115-190 Senior Advisor/QC Reviewer $180-250 Senior Engineer $200-260 Engineer V $180-200 Engineer IV $160-180 Engineer III $140-160 Engineer 11 $120-140 Engineer 1 $100-120 Scientist/Specialist IV $190-220 Scientist/Specialist III $160-190 Scientist/Specialist II $130-160 Scientist/Specialist 1 $100-130 Economist III $200-250 Economist II $140-200 Economist 1 $120-140 CADD/GIS Technician III $100-120 CADD/GIS Technician II $80-100 CADD/GIS Technician 1 $60-80 Accountant $110-140 Administrative Assistant $60-80 Item Number: 6.q. 1 CITY OF IOWA CITY ��.:. -dry in � at COUNCIL ACTION REPORT December 3, 2019 Resolution changing the name of B'jaysville Lane to Foster Road. Prepared By: Josh Slattery, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: There are City street signs that currently identify the street east of the intersection of Dubuque Street and Foster Road as B'jaysville Lane. Most of what was B'jaysville Lane was removed and replaced, and the street was extended through the Foster Road right-of-way in Forest Hill Estates to Prairie du Chien Road. Staff recommends that the entire street between Dubuque Street and Prairie du Chien Road be named Foster Road in order to not create confusion as to where B'jaysville ends and Foster Road begins. Background /Analysis: City Council approved the final plat of Forest Hill Estates, and one of the streets included on the final plat of Forest Hill Estates is Foster Road. The City Council also approved an agreement for private development by and among the City, Foster Road Developers, LLC, Vintage Cooperative of Iowa City and Ewing Land Development & Services, LLC for the Foster Road extension between Dubuque Street and Prairie du Chien Road and the construction of the senior living facility. ATTACHMENTS: Description Resolution Prepared by: Josh Slattery. Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. 19-290 Resolution changing the name of B'Jaysville Lane to Foster Road Whereas, on May 29, 2018, the City Council approved the final plat of Forest Hill Estates (Resolution 18-169); and Whereas, one of the streets included on the final plat of Forest Hill Estates is Foster Road; and Whereas, on July 17, 2018, the City Council approved an agreement for private development by and among the City, Foster Road Developers, LLC, Vintage Cooperative of Iowa City and Ewing Land Development & Services, LLC for the Foster Road extension between Dubuque Street and Prairie du Chien Road and the construction of the senior living facility (Resolution 18-215); and Whereas, there are City street signs that currently identify the street east of the intersection of N. Dubuque Street and Foster Road as B'Jaysville Lane. Whereas, most of what was B'Jaysville Lane was removed and replaced, and the street was extended through the Foster Road right-of-way in Forest Hill Estates to Prairie du Chien Road. Whereas, staff recommends that the entire street between Dubuque Street and Prairie du Chien Road be named Foster Road in order to not create confusion as to where B'Jaysville ends and Foster Road begins. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The street formerly designated as B'Jaysville Lane is hereby renamed Foster Road for its entire length between Dubuque Street and Prairie du Chien Lane. 2. City staff is hereby directed to replace all existing street signs to reflect this name change. Passed and approved this 3rd day of December / 2019 v• M or Attest: City Clerk It was moved by Aims and seconded by adopted, and upon roll call there were: Ayes: X Nays: prov City Attorney's Office salih the Resolution be Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton to't Item Number: 12. 1 CITY OF IOWA CITY ��.:. -dry in � at COUNCIL ACTION REPORT December 3, 2019 Resolution authorizing the acquisition of property interests necessary for construction of the Scott Boulevard Trunk Sanitary Sewer Extension Project. Prepared By: Scott Sovers, Asst. City Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: Funding will be via the Scott Boulevard Trunk Sewer account #V3145 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Executive Summary: Preliminary design for the Scott Boulevard Trunk Sanitary Sewer Extension Project is underway. A preliminary assessment indicates the proposed improvements require the acquisition of permanent and temporary construction easements from property owners within the project corridor. Because the anticipated acquisitions include agricultural land, the City is required to give notice of intent to commence the project to all property owners whose properties may be acquired in whole or in part for the project, per Iowa Code. This resolution begins the process to commence acquisitions. Background /Analysis: In recent years, there has been an increase in residential development on the eastern fringe of Iowa City. Additionally, the Iowa City Community School District recently constructed a new elementary school at the SW corner of the American Legion Road and Barrington Road Intersection. To support the existing and proposed growth with this sewer shed, the existing Scott Boulevard Trunk Sewer needs to be extended. This extension will also remove a sanitary sewer lift station currently servicing the Windsor Ridge Subdivision. ATTACHMENTS: Description Location Map Resolution STAFF PRESENTATION TO FOLLOW: 1 r I C04;qui h CITY OF lOVVA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (319) 356-5000 (3I9) 356-5009 FAX www.icgov.org Scott Boulevard Trunk Sanitary Sewer Extension �r CITY OF IOWA CITY Scope • Extension of a 24 -inch sanitary sewer from Iowa Interstate Railroad to American Legion Road Purpose • Support existing and proposed growth within sewer shed • Decommission Windsor Ridge sanitary sewer lift station Scott Boulevard Trunk Sanitary Sewer Extension Estimated Costs • Construction Schedule • Design Development • ROW Acquisition • Bid Letting • Construction �r -N CITY OF IOWA CITY $1,300,000 May 2019 — June 2020 Jan. — June 2020 July 2020 Oct. — Dec. 2020 STAFF PRESENTATION CONCLUDED � r rrM as � h CITY OF IOWA CITY 410 East Washington Strect Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www. icgov. o rg Prepared by: Scott Sovers, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 3565142 Resolution No. 19-291 Resolution authorizing the acquisition of property interests necessary for construction of the Scott Boulevard Trunk Sanitary Sewer Extension Project. Whereas, the City of Iowa City desires to construct the Scott Boulevard Trunk Sanitary Sewer Extension Project ("Project') which generally includes the extension of a 24 -inch sanitary sewer from the Iowa Interstate Railroad northward along the North Branch of Snyder Creek to American Legion Road; and Whereas, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and Whereas, the City staff has determined the location of the proposed Project; and Whereas, notice of Intent to acquire property rights which may be needed for the Project and the public hearing was given to all owners of agricultural property whose properties may be affected by the Project by ordinary mail on October 31, 2019, and was published in a newspaper of general circulation in the county where the agricultural land is located on November 25, 2019, all as required by Chapter 6B of the Iowa Code; and, Whereas, a public hearing was held on December 3, 2019; and, Whereas, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and Whereas, funds for this project are available in the Scott Boulevard Trunk Sewer account # V3145. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and/or easement for the construction of the Scott Boulevard Trunk Sanitary Sewer Extension Project ("Project') which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, that such Project constitutes a valid public purpose under state and federal law and there is a reasonable expectation that the City will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits. 2. The City Council hereby approves the preliminary or final route or site location of this public improvement project, as shown in the attached Exhibit "A", attached hereto and incorporated herein by this reference. 3. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. Resolution No. 19-291 Page 2 4. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 6. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 3rd day of December 2019 M or r ve y Attest:"Ct Z' , //-DLG -/I ty Clerk City Attorney's Office It was moved by aims and seconded by Salih the Resolution be adopted, and upon roll call there were: Ayes: X X X X X X X Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton N Scott Boulevard Trunk Sewer Extension Cxl iriT 7,Ah Item Number: 13. 1 CITY OF IOWA CITY ��.:. -dry in � at COUNCIL ACTION REPORT December 3, 2019 Resolution approving project manual and estimate of cost for the construction of the Prentiss Street Bridge Replacement Project (BROS- 3715(663)--8J-52), 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: Melissa Clow, Special Projects Administrator Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $1,231,621.00, funding available in the Prentiss Street Bridge Replacement fund #S3935 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Executive Summary: The Prentiss Street Bridge Replacement Project includes the removal and replacement of the existing triple corrugated metal pipe culverts with new reinforced concrete box culverts, as well as roadway, utility and other associated improvements. Roadway improvements on Prentiss Street begin approximately 100 feet east of South Linn Street and extend to South Dubuque Street. Improvements on South Linn Street extend 200 feet north of Prentiss Street. Storm sewer on Prentiss Street is being replaced to increase capacity and reduce surcharging during large rainfall events. The project also includes improvements to ADA sidewalk ramps, creek slope protection and water main. Background /Analysis: The 2015 Biennial Bridge Inspection Program reported that the Prentiss Street Bridge over Ralston Creek is suffering from bulging and severe corrosion of the corrugated metal pipe culverts, damaged and undermined inlet and headwall and cracked street pavement. Recent pavement replacement in the area uncovered significant voiding under the pavement, further emphasizing the need for the project. In addition, the existing storm sewer along Prentiss Street, from Ralston Creek to S. Dubuque Street is undersized and has a history of surcharging during large rain events. The City contracted with IIW, P.C. of Dubuque, IA in May, 2018 for consulting services. Final design plans were submitted to the Iowa Department of Transportation (I DOT) on November 5, 2019 for the January 21, 2019 bid letting. The project will be bid through the IDOT, but construction administration and inspection will be performed by the City. ATTACHMENTS: Description Location Map Resolution 2018 Iowa City Construction Projects Project Location ' PRENTISS ONO r WRIpt GHT _ 1. 0 4'� Prentiss St Bridge Replacement N A STAFF PRESENTATION TO FOLLOW: 1 r I C04;qui h CITY OF lOVVA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (319) 356-5000 (3I9) 356-5009 FAX www.icgov.org Prentiss Street Bridge Replacement Project � r • memo% CITY OF IOWA CITY Overall • Bridge reconstruction with triple 8'-8" x 13'-0" reinforced concrete box culverts • Replacement of Prentiss Street from S. Dubuque Street to just east of Ralston Creek • Increase capacity of storm sewer to reduce surcharging during large rain events • Sidewalk and ADA access Improvements at Prentiss St and Linn St Intersection SN ILDER FINISHING EA". T STA. 8+00-87 TO 7+76 STA. 9+87 TO 8+R7 -BS IR - PCC 4' PCC 6 AT CUM SPECIAL COMFKTIDN W SUDWADE FOR PEC TRML. 12' OF SUDGRAOE MR SIDEWALK PCC 6' AT DRIVEWAYS PAID REC TRAIL_ 127 FDR AS ORLEWAT, P.C. CONCRETE 6 MODIFIED PJ6BASE, 6-, AT DRIVEWATR V-4 5' +6 14-145' M S NOTE: EXISTING SIDEWALK STA. 7+78 TO 9+27 9 CT1 SIDEWALK Coop Y DRCP WNOLRf1ER FI PB AS ENIENING V-107 EARTH. TYP ¢ rPRORLE (RADE TOPSOIL, FUMJII MAND SPREAD T } FUERENCE POINT �6' KI4IESS TYP 31' f 1111 6' TOPE6IL MATOII EXSTNO - - - - - STA- 8+00.47 TO 74IZ-EpSTINc SIDEWMX STA. 7+98 TO 9+19 SUBORIUN, PERFORMED PLASM PIPE, SID 09 SLIP FORM PCC PtMT. OVAL WALL, 5" NA, THP, DR -307 CLASS C. CL -W 3 DURAINHTY, Y TYPE 12, PCFCUS RACIT1 SMALL COMPWitt t IA DOT x108 -OZ RT -1 OR L-1 AONT DRADATm R29 �MODIFIED WMASE, • SPioiSLL CONPA lmLF ylliB[#TADE, 1Y VARIES 6' PARIES $ICEWLLN PCC A - SPECIAL COMPACDaI OF WIDTHS VARY AT INTERSECTIONS 5 KRADE FOR REO TRAIL. 12" STA- 7+14 TO 7+98 SIDEWALK POD S' AT DRIVEWAYS PAID STA 9+19 TO 9+57,95 FOR AS DPobEWAY, PC. CONCRETE 8' MOdFIED SUBBASE IS AT YH'PO N TYPICAL SECTION — E PRENTISS ST aPIwmW ' STA 8100.97 TO 8+57.95 mlR SPECIAL CONPACT" Of SJBCRABE FCR PEC TRWL, 12' Prentiss Street Bridge Reconstruction Estimated Project Costs & Schedule Estimated Project Costs • Construction Urban Bridge Fund Local Funds • ROW & Easements • Engineering • Observation & Admin Total Schedule • Design Development • ROW Acquisition • Private Utility Relocations • Bid Letting • Construction � r r x� CITY OF IOWA CITY $916,732.70 $314,888.30 $235,000 $147,523 $150,000 $1,764,144 May 2018 — Sept. 2019 May — Nov. 2019 Feb — May 2020 January 2020 June —Nov. 2020 STAFF PRESENTATION CONCLUDED � r rrM as � h CITY OF IOWA CITY 410 East Washington Strect Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www. icgov. o rg Prepared by. Melissa Clow, Special Projects Administrator, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5413 Resolution No. 19-292 Resolution approving project manual and estimate of cost for the construction of the Prentiss Street Bridge Replacement Project (BROS-3715(663)--8J-52), 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 bylaw, and the hearing thereon held; and Whereas, this project will be bid by the Iowa Department of Transportation (DOT); and Whereas, bids will be accepted on January 21, 2019 at 10:00 a.m. by the DOT, Office of Contracts in Ames, Iowa; 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 the Prentiss Street Bridge account # S3935. 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 form and amount prescribed in the bidding proposal. 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. Bids for the above-named project are to be received by the DOT, Office of Contracts, 800 Lincoln Way, Ames, Iowa, before 10:00 a.m. on the 21 s` day of January, 2020. Thereafter, the bids will be opened and announced by the DOT, 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 4'h day of February, 2020, or at a special meeting called for that purpose. Resolution No. 19-292 Page 2 Passed and approved this 3rd day of December , 2019. M or Attest: Ci Clerk iU\ City Attorney's Office It was moved by 'Thomas and seconded by trims the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 14. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT December 3, 2019 Resolution approving First Amendment to Agreement for Private Redevelopment between the City of Iowa City, Iowa, Foster Road Developers, L.L.C., Vintage Cooperative of Iowa City and Ewing Land Development & Services, L.L.C. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Simon Andrew, Assistant to the City Manager Fiscal Impact: N/A Recommendations: Staff: Approval 19TOT, 711"UmMiTIN0I/G1 Attachments: Resolution First Amendment to Development Agreement Executive Summary: The 2018 Agreement for Private Development for Foster Road requires that substantial completion of the Minimum Improvements must occur by December 31, 2019. While nearly all elements required are substantially complete, the developer has requested that completion of one element, the sidewalk adjacent to Lot 5, be deferred to May 31, 2022. Background /Analysis: Minimum improvements called for the developer to construct the road including grading, landscaping, an 8' sidewalk on the north, a 5' sidewalk on the south, water main, storm sewer, and fiber optic ducts. The developer cites the wet spring, contractor delays and early winter for the need to defer completion of the final segment of 5' sidewalk on the south side of the street. Deferring the completion of the Lot 5 section of the sidewalk on the south side to as late as May 31, 2022 may also be better timed with the build -out schedule of town homes planned for that side of the road. New sidewalks installed on undeveloped lots can be damaged during construction, thus requiring reconstruction. For this reason, it is not unusual for developers to complete sidewalks adjacent to buildings as the developments are built out. In this case, the developer will be required to complete the sidewalk as units are built, and even if all the units are not built by May, 2022, the sidewalk must be completed in order for the developer to receive the first economic development grant. Because the 8' wide sidewalk on the north side of the road is complete and will provide connectivity for the community including the residents of The Vintage and the town homes planned for the north side, this deferment would be acceptable so long as the south sidewalk is completed before any economic development grants are made. The agreement currently anticipates the first grant being made on June 1, 2022, so it will be necessary for the developer to complete the sidewalk installation and request a Certificate of Completion in time for the City to issue the Certificate by May 31, 2022. ATTACHMENTS: Description Resolution First Amendment to Agreement for Private Development 14, Prepared by: Wendy Ford, Ec. Dev. Coord., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 19-293 Resolution approving First Amendment to Agreement for Private Redevelopment between the City of Iowa City, Iowa, Foster Road Developers, L.L.C., Vintage Cooperative of Iowa City and Ewing Land Development & Services, L.L.C. Whereas, Foster Road Developers, L.L.C., Vintage Cooperative of Iowa City, Ewing Development & Services, L.L.C. and the City of Iowa City entered into an Agreement for Private Development on July 18, 2018 (Resolution 18-215) regarding development of the property located east of North Dubuque Street, south of 1-80, and west of Prairie du Chien Road within the Foster Road Urban Renewal Area; and Whereas, the Agreement obligates the Developer to construct certain Minimum Improvements by December 31, 2019 and anticipates that the first economic development grant will be made to the Developer on June 1, 2022; and Whereas, the Developer represents that it will be unable to complete the sidewalk adjacent to Lot 5 prior to this deadline and has requested the City allow this obligation to be deferred until Lot 5 is developed or May 31, 2022, whichever is sooner; and Whereas, because the Agreement anticipates the first Economic Development grant to be made on June 1, 2022, which requires that the sidewalk be installed by May 31, 2022, or prior to issuance of any certificate of occupancy for Lot 5, whichever is sooner; and Whereas, all Minimum Improvements in the Agreement for Private Redevelopment remain required for the Developer to be eligible for the first Economic Development grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached First Amendment to the Agreement for Private Redevelopment is hereby approved. 2. The Mayor is authorized and directed to execute the Amendment and the City Clerk is authorized and directed to attest his signature and to affix the seal of the City Clerk and record the same at Foster Road Developers, L.L.C's expense. Passed and approved this 3rd day of December , 20 19 �y . OR Resolution No. 19-293 Page 2 ATTEST: CITY CLERK *1 City Attorney's Office Resolution No. 19-293 Page I It was moved by Rims and seconded by Teague Resolution be adopted, and upon roll call there were: the AYES: NAYS: —x x x x x x x ABSENT: Cole Mims Salib Taylor Teague Thomas Throgmorton FIRST AMENDMENT TO AGREEMENT FOR PRIVATE DEVELOPMENT THIS FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT (this "First Amendment") is made as of December _, 2019, by and among the CITY OF IOWA CITY, IOWA ("City"), and FOSTER ROAD DEVELOPERS, L.L.C. ("Developer"), VINTAGE COOPERATIVE OF IOWA CITY ("Vintage") and EWING LAND DEVELOPMENT & SERVICES, L.L.C. ("Ewing"). RECITALS WHEREAS, City, Developer, Vintage and Ewing are parties to that certain Agreement for Private Development dated effective as of July 18, 2018 (the "Agreement") regarding development of the property generally located east of North Dubuque Street, south of I-80, and west of Prairie du Chien Road within the Foster Road Urban Renewal Area and legally described in Exhibit C to the Agreement; and WHEREAS, the authorizing Resolution 18-215 and memorandum of the Agreement is recorded in Book 5817, Page 51-59, in the records of the Johnson County, Iowa Recorder; and WHEREAS, said Agreement obligates Developer to construct certain Minimum Improvements by December 31, 2019 and anticipates that the first economic development grant will be made to the Developer on June 1, 2022; and WHEREAS, the Developer represents that it will be unable to complete the sidewalk adjacent to Lot 5 prior to this deadline and has requested the City allow this obligation to be deferred until Lot 5 is developed or May 31, 2022, whichever is sooner; and WHEREAS, the City of Iowa City has adopted a Complete Streets Policy expressing its intention and expectation to realize long-term cost savings in improved public health, reduced fuel consumption, better environmental stewardship, and reduced demand for motor vehicle infrastructure through the implementation of the Policy; and WHEREAS, complete streets also contribute to walkable neighborhoods, make the community attractive to new business and employment, create a sense of community pride, and improve quality -of -life; and WHEREAS, construction of this Lot 5 sidewalk is necessary to further the goals and objectives of the Complete Streets Policy; and WHEREAS, City is willing; however, to amend the Agreement to defer construction of the sidewalk to mitigate the potential for damage to it during development of Lot 5, so long as the Developer commits to constructing it within the next two construction seasons regardless of when Lot 5 is developed to mitigate the negative impact of an incomplete street network. WHEREAS, this amendment in no way modifies the requirement that the Developer complete all Minimum Improvements, including the Lot 5 sidewalk, and receive a Certificate of Completion prior to payment of any Economic Development Grants; and WHEREAS, the parties desire and agree to amend the Agreement as set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Section 3.3 Time for Commencement and Completion of Minimum Improvements as stated in the Agreement is hereby deleted and replaced by the following: Subject to Unavoidable Delays and except as described below, construction of the Minimum Improvements shall commence immediately upon execution of this Agreement, and shall be substantially completed on or before December 31, 2019. Time lost as a result of Unavoidable Delays shall be added to extend this date by a number of days equal to the number of days lost as a result of Unavoidable Delays. Construction of the 5' wide concrete sidewalk adjacent to Lot 5, Forest Hill Estates, shall not be required before the project is considered substantially complete, but rather this sidewalk shall be completed prior to issuance of a certificate of occupancy for any dwelling on said Lot 5 in accordance with Section 4 of the Subdivider's Agreement for said subdivision, or May 31, 2022, whichever comes first. 2. Except as hereinabove modified and amended, the Agreement shall remain in full force and effect in accordance with its terms and is hereby ratified and confirmed. 3. This First Amendment supersedes any prior representations, offers, negotiations or understandings between the parties with respect to the subject matter hereof. IN WITNESS WHEREOF, the undersigned have executed this First Amendment on this 10A day of Noym6r 2019. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] CITY OF IOWA CIT/Y, IOWA, a unicipality By: !� J es A. Throgmorton, ►ayor Ap roved by: ATTEST: City Attorney By. Kellie K. Fruehling, C y Clerk U CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA COUNTY OF JOHNSON On this 3!�— day of December, 2019, before me a Notary Public in and for said County, personally appeared James A. Throgmorton and Kellie K. Fruehling, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolutions of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. tary Public in and for tfi€ State of Iowa �� CHRISTINE OLN Commission Number gpE6Y3p � gown • My Cormmission � Ez i FOSTER ROAD DEVELOPERS, LLC BY: James BY: Joseph. Stiltner, M ager FOSTER ROAD DEVELOPERS, LLC ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this �Q day ofLOK►wt 2019, by James P. Glasgow and Joseph G. Stiltner as managers of FOSTER ROAD DEVELOPERS, LLC. Notary Public in and Commission No. 788531 islon E%DIres October 09, VINTAGE COOPERATIVE OF IOWA CITY BY: 1\ ,- c JQ&LCavamm, sident Qy ,uavc VINTAGE COOPERATIVE OF IOWA CITY ACKNOWLEDGEMENT STATE OF O%jQ ) COUNTY OF )SS) This instrument was acknowledged before me on this jj_ day of !. L 2018, by Josh Cowman as President of VINTAGE COOPERATIVE OF IOWA CITY. Aftnvi Tam wi. Notary Public in and for the State of Iowa SHANNON VAN WVX Nmrtel seal - law Commission Number 989896 My Commission E*m Sep 3, 2022 EWING C OPMENT & SERVICES, L.L.C. BY: \ Jeff Ewinv&Mem r EWING LAND DEVELOPMENT & SERVICES, L.L.C. ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me on this j _ day of 22 , 2019, by Jeff Ewing, as Member of EWING LAND DEVELOPMENT & SERVICES, L.L.C.. Notary Public in and for the-Slak of Iowa SHANNON VAN WVN Notarial Seal - Iowa Commission Number 819896 My Commission Expires Sep 3, 2022 CONSENT In accordance with the Collateral Assignment of Agreement for Private Development, executed on November 9, 2018, and recorded in Book 5855, Page 313, in the records of the Johnson County, Iowa Recorder's Office, the undersigned, on behalf of Cedar Rapids Bank and Trust Company, does hereby consent to the above Amendment No. 1 to the Agreement for Private Development. Dated this / q day of A OW 2019. CEDARA�IDS B { AND TRUST COMPANY BY: ((ll Benjamin C. Weber CEDAR RAPIDS BANK AND TRUST COMPANY ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF L1on ) This instrument was acknowledged before me on this 1 day of p 2019, by Benjamin C. Weber as Vice President of CEDAR RAPIDS BANK AND TRUST COMPANY. do ary Public�andr the State of Iowa �a, HANNAH HAYCRAF7 Y : Commission Number 15 56 My Commission Expires March 18, 2022 Item Number: 15. AL CITY OF IOWA CITY =�c�- COUNCIL ACTION REPORT December 3, 2019 Resolution establishing the City of Iowa City's 2020 Legislative Priorities. Prepared By: Simon Andrew, Assistant to the City Manager Reviewed By: Geoff Fruin, City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: U ISG proposal Mobile Home Task Force report ICCSD 2020 priorities Resolution Executive Summary: The City Council traditionally adopts legislative priorities and communicates the City's positions on those issues to our elected delegation. The resolution also helps to guide the activities of our City lobbyist in Des Moines. Background /Analysis: The priorities in the draft resolution are as follows: 1. Support for Climate Action Initiatives 2. Support for the University of Iowa Student Government proposal regarding renter move -in checklists (proposal attached) 3. Support legislation protecting the rights of manufactured housing residents (report attached) 4. Ensure the continued funding of commercial and industrial property tax replacement payments 5. Protect home rule authority for local governments 6. Support for education funding (ICCS D priorities attached) 7. Support of the Iowa League of Cities and Metropolitan Coalition A resolution containing more detail on each priority has been prepared for Council consideration. ATTACHMENTS: Description UISG proposal Mobile Home Task Force report ICCSD priorities Resolution Proposal for a Move -in Checklist in the State of Iowa University of Iowa Student Government (UISG) 2019-2020 Issue Many tenants do not live in the same residence for more than one or two years. Within UISG Renter Guide's survey distributed in Spring 2018, it was indicated that 75.8 percent of students living off -campus had only had their unit for one year or less and 18.9 percent between one and two years. For each new occupancy, individuals have to sign a lease and submit a new rental deposit. According to the same UISG survey, 23 percent of renters indicated they received "none" of their rental deposit back and 38.3 percent believed they should have received "more back from their rental deposit." Qualitatively, we can see that many times tenants do not receive an adequate amount of their rental deposit. These types of problems persist throughout the State of Iowa. Examples of Move -In Checklists Elsewhere According to Nolo, a publisher that specializes in legal advice, there are 14 states where a landlord must provide move -in statements regarding the condition of the renal unit. Midwest states such as Kansas, Michigan, and Wisconsin all require a move -in checklist to be completed within a set amount of days after move -in. Kansas offers a law that requires the landlord and the tenant to jointly inventory the premises of the unit to develop a written document on the conditions. Copies are signed and distributed to both the landlord and the tenant. The inventory checklist in the State of Michigan includes all items in the rental unit that are owned by the landlord and must be completed within seven days. Other states have also recently implemented a check-in list such as in the State of Wisconsin in 2011. This law requires the landlord to provide a check-in sheet to allow the tenant to make comments regarding the conditions of the premises. Current Status in the State of Iowa The State of Iowa code does not have any policy regarding move -in statements on the condition of the rental unit. Under section 562A.12, the landlord is required to provide a "written statement within thirty days of termination of the tenancy." While landlords are required to provide a written statement regarding the reason for withholding the rental deposit [562A.12(3)], there may not be information regarding the conditions of the rental unit upon move -in. If a landlord wrongly withholds the rental deposit, they are subject to up to twice the rental deposit [562A.12(7)]. The re -acquisition of the rental deposit is determined by the Small Claims Court. In this situation, the court receives evidence from both parties and has the discretion to decide the results of the rental deposit dispute. In Kline v. Southgate Property Management, LLC it was verified that rental deposits can only be withheld if the conditions of the rental unit are beyond "normal wear and tear." Currently, there is no guarantee that there is information regarding the conditions of the rental unit upon move -in to compare the conditions upon move -out. Goals of a Move -in Checklist Policy The move -in checklist policy would seek to achieve the following in the realm of landlord -tenant law: Empower tenants regarding negotiations and recoveries of rental deposits Increase accountability for tenants and landlords for rental deposit disputes Improve tenant -landlord relationships Policy Recommendation The University of Iowa Student Government (UISG) recommends to the Iowa General Assembly to create a law under Chapter 562A: 1. Requires the landlord to make use of an itemized move -in checklist upon occupancy of the tenant and termination of occupancy for each rental unit. 2. The itemized move -in checklist would include all items in the rental unit owned by the landlord including, but not limited to, carpeting, draperies, appliances, windows, furniture, walls, closets, shelves, paint, doors, plumbing fixtures, and electrical fixtures. 3. The landlord should distribute the move -in checklist to the tenant immediately upon move -in, and the tenant(s) should be given seven days from the initial date of occupancy to complete documentation of the conditions of the unit. 4. Duplicate copies of the itemized move -in checklist should be signed by and distributed to both the landlord and tenant as an indication the move -in checklist was completed. Conclusion Many disputes have arisen regarding how much of a rental deposit should be kept by the landlord across the state. By pursuing a move -in checklist policy at the State of Iowa level, there will be clearer sense and accountability regarding how much of the rental deposit should be withheld. There are already 14 other states that have a measure that requires a statement regarding the conditions of the rental unit upon move - in. This policy would empower tenants, increase accountability for tenants and landlords, and improve the overall relationship between landlords and tenants. APPENDIX State of Michigan (554.608) Inventory checklists. Sec. 8. (1) The landlord shall make use of inventory checklists both at the commencement and termination of occupancy for each rental unit which details the condition of the rental unit for which a security deposit is required. (2) At the commencement of the lease, the landlord shall furnish the tenant 2 blank copies of a commencement inventory checklist, which form shall be identical to the form used for the termination inventory checklist. The checklist shall include all items in the rental unit owned by the landlord including, but not limited to, carpeting, draperies, appliances, windows, furniture, walls, closets, shelves, paint, doors, plumbing fixtures, and electrical fixtures. (3) Unless the landlord and tenant agree to complete their inventory checklist within a shorter period, the tenant shall review the checklist, note the condition of the property and return 1 copy of the checklist to the landlord within 7 days after receiving possession of the premises. (4) The checklist shall contain the following notice in 12 point boldface type at the top of the first page: "You should complete this checklist, noting the condition of the rental property, and return it to the landlord within 7 days after obtaining possession of the rental unit. You are also entitled to request and receive a copy of the last termination inventory checklist which shows what claims were chargeable to the last prior tenants.". (5) At the termination of the occupancy, the landlord shall complete a termination inventory checklist listing all the damages he claims were caused by the tenant. Kansas (58-2548) Inventory of premises by landlord and tenant, when; copies. Within five (5) days of the initial date of occupancy or upon delivery of possession, the landlord, or such landlord's designated representative, and the tenant shall jointly inventory the premises. A written record detailing the condition of the premises and any furnishings or appliances provided shall be completed. Duplicate copies of the record shall be signed by the landlord and the tenant as an indication the inventory was completed. The tenant shall be given a copy of the inventory. Wisconsin (704.08) 704.08 Check-in sheet. A landlord shall provide to a new residential tenant when the tenant commences his or her occupancy of the premises a check-in sheet that the tenant may use to make comments, if any, about the condition of the premises. The tenant shall be given 7 days from the date the tenant commences his or her occupancy to complete the check-in sheet and return it to the landlord. The landlord is not required to provide the check-in sheet to a tenant upon renewal of a rental agreement. This section does not apply to the rental of a plot of ground on which a manufactured home, as defined in s. 704.05 (5) (b) 1. a., or a mobile home, as defined in s. 704.05 (5) (b) 1. b., may be located. JOHNSON COUNTY MOBILE HOME TASK FORCE FINAL REPORT NOVEMBER 2019 SUMMARY The Johnson County Mobile Home Task Force has issued a set of twelve recommendations to be adopted by city and county governments. The recommendations comprise policy solutions, improvements to practices, funding priorities, and public advocacy. In addition to recommendations for city and county leaders, this report details needed state -level funding vehicles and improvements that will protect the rights of manufactured housing residents. The report also contains existing data about manufactured housing communities in Johnson County. TASK FORCE MEMBERS Sara Barron Johnson County Affordable Housing Coalition Rockne Cole Iowa City City Council Terry Donahue Mayor, North Liberty City Council Charles Eastham Center for Worker Justice Candance Evans Vice President, Golfview Residents Association Meghann Foster Coralville City Council Lisa Green -Douglass Chair, Johnson County Board of Supervisors Jim Kringlen Iowa Legal Aid John McKinstry Johnson County Affordable Housing Coalition Rafael Morataya Center for Worker Justice Royceann Porter Johnson County Board of Supervisors Larissa Rosenquist Cole Mobile Homes Mazahir Salih Iowa City City Council Leonard Sandler University of Iowa College of Law Pauline Taylor Mayor Pro Tem, Iowa City City Council Zach Wahls Iowa Senate District 37 Paula Vaughan Johnson County Affordable Housing Coalition 21 Johnson County Mobile Home Task Force Final Report, November 2019 INTRODUCTION Manufactured housing communities, also referred to as "mobile home parks" or "trailer parks," provide housing to approximately 3,000 households in Johnson County' and are one of our nation's most "naturally -occurring" (i.e., unsubsidized) affordable housing sources.2 It is critically important to preserve the affordability and quality of manufactured housing communities. The monthly cost of lot rent in Johnson County manufactured housing communities averaged $250-450 in 2019. Nationwide, 80% of mobile home residents own their home.' Even for those paying a loan or rent on the dwelling itself, the total housing cost is often significantly below the monthly cost of a modest two-bedroom apartment.4 Thus, manufactured housing communities provide a level of housing affordability that is otherwise unmet in the private market. Because of this lack of options, owners of manufactured housing communities who dramatically raise the monthly lot rent can be assured that residents lack reasonable alternatives. Residents can quickly become severely housing insecure as rents rise, forced to choose between housing costs and meeting other basic needs. Before 2019, few manufactured housing communities in Johnson County were owned by large, non -local companies (Breckenridge, located on Hwy 6 southeast of Iowa City, and Regency, located on Old Highway 218 southwest of Iowa City are notable exceptions). In April 2019, a new -to -the -area private equity group purchased three local parks: Golfview in North Liberty, Sunrise Village just east of Iowa City, and West Branch Mobile Home Park. This same company completed the purchase of Western Hills in Coralville in September. Immediately following their purchase of Golfview, the new owners announced a steep hike to lot rents—an up -to 63% increase. Following pushback from residents, the company modified their approach and staggered the increases over a one-year period. Still, residents face unprecedented uncertainty and continued concerns with ongoing management practices that threaten the stability of their neighborhood. The purchase of manufactured home communities by large, multistate corporations is a nationwide trend. National advocacy group MHAction provides insight into the intentions See Appendix A z Ehrenfeucht, Renia. "Moving Beyond the Mobile Myth: Preserving Manufactured Housing Communities." Grounded Solutions Network. https://ciroundedsolutions.orci/sites/default/files/2018- 1 1/Moving%20Beyond%20the%2OMobile%2OMyth.pdf a Ibid ° Housing and Urban Development Fair Market Rent was $958 for a two-bedroom unit in the Iowa City Metro Area in 2018. Purchase prices for manufactured homes vary widely, ranging from $5,000 or less to $80,000 or more, depending on age and size. Monthly rent or loan payments generally range from $200-600, based on a survey of residents and mobile home listings and a survey of manufactured housing community managers. 3 1 Johnson County Mobile Home Task Force Final Report, November 2019 of these owners in their 2019 report, "Private Equity Giants Converge on Manufactured Homes": Over the past 20 years, manufactured home communities increasingly have gone from "mom and pop" enterprises to ownership by large, multi -state corporations... With limited affordable housing options to turn to, the homeowners are forced to choose between paying for increasing housing costs and other basic necessities, like food and medicine, or abandoning their homes. This economic trap is not a side effect but a building block of the business model. RV Horizons co-owner Frank Rolfe notoriously said that a manufactured home park "is like a Waffle House where the customers are chained to their booths. " emphasis added The report estimates that the top 50 manufactured housing community owners now own around 680,000 home sites, representing a significant and growing segment of the nation's mobile homes.s In response to increasingly predatory practices from private equity firms, "resident -owned communities" are growing in popularity. Under this model, residents cooperatively own and manage the parks for themselves. National advocacy groups like MHAction and ROC USA provide technical assistance and, in the case of ROC USA, funding for residents seeking to purchase and manage their manufactured housing community. Because of Iowa state laws that offer little protection to manufactured housing residents, residents impacted by new ownership found they had very limited legal recourse, and our cities struggled to respond to this unexpected crisis. The task force was convened to identify what local government can do to protect residents. Our recommendations include but are not limited to strategies that would encourage and financially support a transition to resident -owned communities in Johnson County. THE BASICS OF MANUFACTURED HOUSING Manufactured housing communities consist of land, rented by the parcel, or "lot," to residents; roads; utilities; and recreation amenities. Private ownership of the land by an individual or corporation generally means that the community owners are responsible for maintenance of infrastructure. Communities outside of city limits are not connected to municipal water or sewer, and individual homes are not generally metered for these utilities. Many residents of manufactured housing own their home (and rent the land on which it sits), while others rent both the home and the land. In Iowa, mobile homes are regarded as "personal property," rather than real estate.' This impacts many economic factors for 5 MHAction. "Private Equity Giants Converge on Manufactured Homes" (February 2019). https://mhaction.org/wp-content/uploads/2019/02/PrivateEqu ityGiantsFi nal.pdf e If a mobile home is permanently placed outside a mobile home park, the home is assessed and taxed as real estate. 41 Johnson County Mobile Home Task Force Final Report, November 2019 mobile homes, including their eligibility for traditional mortgages, their assessed value, rates of taxation, and the process required to transfer ownership.' Although manufactured homes are referred to as "mobile," moving a manufactured home is costly and often structurally infeasible. The local rate for relocating a mobile home from one community to another is $5,000-7,000 per unit.' The moving process involves removing any attached structures, such as porches or ramps; packing and securing every object, from the largest to smallest, inside the home; raising the home onto a trailer bed; navigating the oversized load around roads and obstacles; leveling the home on its new site; and unpacking and reattaching structures. Even with care and expertise, many manufactured homes in Johnson County are not possible to relocate because of their age and/or lack of stability.9 RECOMMENDATIONS ■ Funding 1. Make rental assistance and/or relocation assistance available to residents harmed by unexpected, sharp rent increases Although it is not financially feasible for municipalities to provide rental assistance or relocation assistance to every household that faces eviction, displacement, or rent increases, the large number of residents impacted at once through the sale of their manufactured housing community justifies one-time funding that can mitigate the damage caused. Because of the difficulty residents of manufactured housing will have in finding another comparable option that fits their monthly housing budget, a short- term investment that keeps them in their home is preferable to other outcomes, such as homelessness or severe housing instability. Temporary assistance will give a household more time to find a suitable alternative. The task force recommends a maximum period for rental assistance of 180 days, with each municipality determining for itself the extent of the assistance, including household eligibility criteria. Similarly, each municipality should create a relocation assistance program that meets the needs of its residents. Some considerations include the feasibility of moving the dwelling itself and if lots are currently available in other parks. For households that need to leave a mobile home, relocation assistance should evaluate whether the owner is able to sell their home or loss of assets due to relocation, security deposit costs for a suitable rental and moving and other expenses. ' Freddie Mac. Manufactured Homes website. https://sf.freddiemac.com/working-with-us/affordable- lending/duty-to-serve/manufactu red -housing s Local estimates provided by manufactured housing community owners of Regency and Holiday Lodge in 2019 9 Iowa Valley Habitat for Humanity. "A Study of Older Manufactured Homes in Johnson County: Too Dangerous to Ignore" (March 2010). 5 1 Johnson County Mobile Home Task Force Final Report, November 2019 The federal Uniform Relocation Assistance and Real Property Acquisition Act (1970) provides a comprehensive model for administration of a relocation program and a complete list of household costs to consider when assessing the expense associate with relocation. 2. Partner with local banking institutions to back loans to owner -occupants of manufactured housing Because manufactured homes are considered personal property and not real estate, and because residents do not own the land on which their home sits, the value of manufactured houses depreciates over time. When owner -occupants need financing for repairs or updates, they find that they do not have enough equity in their home to secure a loan, regardless of their credit history or income. Cities and counties can use their resources to enable secured loans and can work with financial institutions to fulfill the institutions' obligations for community reinvestment. 3. Establish Urban Renewal districts, triggering the option of tax -increment financing and revenue, which can then help to fund the purchase of manufactured housing communities by resident cooperatives Urban Renewal districts can extend up to 2 miles outside a city's limits, providing protections even for communities that existjust outside incorporated areas (e.g., Sunrise Village or Modern Manor). Using this lever, cities can generate revenue— beyond general revenue and without a referendum—to be used toward the financing of manufactured housing communities purchases by resident cooperatives. Each municipality can execute this strategy based on need and the opportunities it may present. ■ Local Policy 4. Strengthen zoning ordinances for manufactured housing communities Johnson County, Coralville, and North Liberty have zoning ordinances (Class RMH, R-5 Mobile Home Park District, and R -FB, respectively) that affirmatively designate a neighborhood as manufactured housing. Iowa City's manufactured housing communities have a more general zoning, but each has an additional planned development overlay that designates manufactured housing. In order for an owner to redevelop these properties, they must gain approval from Planning and Zoning and the city/county elected body. This protection is significant, as new owners have raised the threat of redeveloping properties and displacing current residents. The rezoning process grants more power to municipalities to prevent redevelopment and resulting displacement/loss of affordable housing. Another function of zoning ordinances may be to allow for smaller, individual lots which together with a manufactured or modular home can be sold and owned as real estate. 61 Johnson County Mobile Home Task Force Final Report, November 2019 Adopting the best practices from each municipalities' zoning for manufactured housing communities will lead to quality improvements in safety standards, amenities, etc. as well as uniformity in requirements and protections, countywide. The task force recommends reviewing the zoning ordinances of other cities and counties in Iowa to develop the strongest zoning ordinances allowed by existing law. 5. In case of annexation, implement zoning and conditional zoning agreement standards that assure the continued presence of manufactured housing and that assure protections for residents Benefits to being annexed by a city include infrastructure investments and redistributed responsibilities for maintenance, etc. In order to access these benefits, owners should be expected to retain manufactured housing and to offer protections to residents. Annexation agreements should consider the opportunity to extend protections for residents such as rental increase caps and stronger just -cause eviction standards. ■ Practices 6. Be specific about manufactured housing as a housing type when drafting plans, reports, and programs In the task force's review of housing documents and housing programs, manufactured housing was often not included or marginally included as a housing type. Because manufactured housing is a significant segment of our community's affordable housing, it is critical that we more intentionally discuss and plan for its future. Residents of manufactured housing who own their homes exist somewhere in between "owners" and "renters," and municipalities must be more specific in acknowledging this housing scenario in housing overviews. Additionally, we found a high degree of uncertainty among residents of manufactured housing and service providers about whether manufactured homes were eligible for repair programs, loans, or other housing assistance. Stating clearly whether owners or renters of manufactured homes are eligible for a program will make it clear when services are available and when there is a gap in services for manufactured housing residents. 7. Commit to a regular review of manufactured housing communities housing stock, assessed value, and other data Included in this report is data compiled by University of Iowa College of Law students under the direction of Len Sandler, task force member and faculty at the UI College of Law. In order to make effective public policy and implement effective programs, cities and the county need reliable and current data. Cities and the county should establish a mechanism for collecting and reporting this data on a regular, ongoing basis. 71 Johnson County Mobile Home Task Force Final Report, November 2019 8. Issue a public, joint statement in partnership with all Johnson County elected bodies against predatory ownership practices and in support of increased rights for manufactured housing residents. Although local government cannot prohibit the sale of manufactured housing communities to predatory owners, elected officials can be vocal about expectations for owners of manufactured housing communities who want to do business in Johnson County. This statement can include a commitment to preserving manufactured housing communities (rather than redeveloping them), disapproval of steep rent increases and other predatory management practices, and unequivocal support for state law changes that protect residents' rights. We need our leaders to publicly rebuke new ownership that threatens housing stability for our some of our most economically vulnerable neighbors. The task force recommends that each elected body collaborate on a joint public statement. 9. Divest from private equity funds that generate returns for investors using predatory manufactured housing community management practices Institutional investments such as public pensions and government retirement plans may be funding private equity firms with predatory ownership practices. For example, research is currently underway to uncover whether IPERS is investing with companies that make their money by exploiting manufactured housing residents. The task force recommends a review of municipal investments and amending municipal investments as appropriate. 10. Connect with an organization like ROC USA, which assists residents in forming cooperatives to purchase and manage their manufactured housing community, e.g., "resident -owned communities." From rocusa.com'o: "ROC USA is a non-profit social venture scaling resident ownership of manufacture home communities since 2008. Together with ROC USA Network, a group of nine regional non-profit affiliates, and ROC USA Capital, a CDFI lending subsidiary, we work with 250 resident -owned communities in 16 states." In order to protect our manufactured housing communities, we need to ensure that these communities are owned by good -faith operators who will not sell the land to predatory owners. ROC USA provides both capital and technical assistance to residents who want to purchase their community. Municipal leaders can facilitate this connection, ensuring that residents have the knowledge and resources, with city/county support and guidance, to acquire ownership if they so choose. 10 https:Hrocusa.orci/about-roc-usa/ 81 Johnson County Mobile Home Task Force Final Report, November 2019 Cities may also consider amending zoning ordinances in order to allow current lease lines to become separate lots for purchase (which are likely to be smaller lots than currently allowed). Resources for the purchase of land by residents include ROC USA's CDFI, Urban Renewal funds, state funding, and/or financing specifically designated for manufactured housing through Fannie Mae or Freddie Mac. ■ State advocacy/laws 11. Support, through lobbying and relationships with other municipalities, the five advocacy statements from the Iowa Manufactured Housing Residents' Bill of Rights": Rent protection Right now, with only 60 -day notice, park owners can impose rent increases of any amount they choose. We can no longer allow predatory out-of-state investors to target Iowa residents of manufactured housing communities with rent gouging. We need statewide protections against unjustified rent increases, including a statewide cap on frequency and percentage of rent increases and a much longer notice period for proposed increases. Good Cause Eviction Standards Owners must be required to show good cause before evicting a resident. Standards for good cause must be consistent and enforced across the state. Fair Fees Fees must be capped at reasonable levels and tied to good cause, so that owners cannot abuse fee systems to circumvent rent protections or target individual families for eviction. We need statewide limits on how much owners can charge in late fees, and a standard time frame before late fees can be assessed. Fair, Legal Leases State law must require lease provisions that spell out park owners responsibilities to maintain clean and safe parks and prohibit abusive lease provisions. The state must adopt a clear, effective mechanism for enforcing these guidelines and requiring owners to remove illegal provisions from leases. Resident Rights if Property Up for Sale To prevent mass displacement of low- income Iowans and destruction of affordable housing stock, local residents must be offered first right of purchase when their communities are up for sale. Current owners should be barred from evicting residents for a period long enough to allow residents to pursue local ownership. If residents are forced to move as a last resort, owners profiting from the sale of park must be required to provide significant relocation assistance. 12. Support, through lobbying and relationships with other municipalities, a tax credit program that incentivizes the transfer/sale of land to residents of the community. The sale of land to residents protects against "bad -actor" ownership and allows residents to build equity. The tax credit works by refunding, to the seller, capital gains taxes assessed after the sale of a manufactured housing community, when the sale is " This Bill of Rights will be circulated as a petition and presented to the Iowa Legislature for the 2020 session. 91 Johnson County Mobile Home Task Force Final Report, November 2019 to the residents of the community. Tax incentives to encourage sale to residents are currently available in states like Montana, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington. 12 CONCLUSION These twelve recommendations outline the opportunities and limitations of local municipalities to protect and stabilize manufactured housing as a continued source of affordable housing in Johnson County. The Johnson County Mobile Home Task Force urges Johnson County and the cities of Coralville, Iowa City, and North Liberty to collaboratively enact each of the recommendations in a manner which will best serve our community. These recommendations will not fully reverse the harm caused by predatory owners. They can, however, set a course for a future where the rights of manufactured housing residents are strengthened and preserved, where cooperative ownership by residents of manufactured housing communities and the stability it can provide is nourished by partnerships among local and national resources, and where manufactured housing can continue to be a stable, safe, and affordable housing option for Johnson County households. 12 National Consumer Law Center. "Promoting Resident Ownership of Communities" (February 2015). https://www.ncic.org/images/pdf/manufactured housing/promoting-resident-ownership2.pdf 101 Johnson County Mobile Home Task Force Final Report, November 2019 APPENDIX ■ Data on Manufactured Housing in Johnson County Data compiled by students with the UI Law Clinic (under the supervision of Len Sandler, Task Force Member) Narrative Private equity firms earn huge returns on their investments by taking advantage of mobile home owners' insecurity. These firms maximize profits by jacking up lot rents. For example, available numbers on mobile home parks in Johnson County shows an average increase in lot rent since 2012 of over $170 for parks purchased by private equity firms. This well exceeded the $40 uptick for those that have not been purchased by equity firms. At one park owned by an equity firm, the current lot rent is the highest in the county: $510. Indeed, of the lot rents we could obtain, the three highest lot rents in Johnson County are all at parks owned by investment firms. See chart 2019 + 2012 Snapshot Investment firms have also made lease agreements harder to understand. One park's lease agreement is 24 pages long, saturated with dense legal terminology. Johnson County's mobile home park market is attractive to potential investors. According to the Iowa City and Johnson County assessors' offices, mobile home park values have skyrocketed. See chart Iowa City Assessor's Original. From 2012 to 2019, numerous mobile home parks have more than doubled in value, several have doubled in value, and many others have substantially risen in value. See chart 2019 & 2012 Compared. For one park, the assessed value leaped from about $1 million in 2012 to around $10 million in 2019. See chart 2019 & 2012 Assessments Compared. Even these assessed values are far less than the sale prices of recently -sold mobile home parks. See chart 2019 Assessment & Recent Sales Compared. A majority of the parks that have sold since 2014 have sale prices approximately twice that of their 2019 assessed values. See chart 2019 Assessment & Recent Sales Compared. Based off the assessed values, we can't predict mobile homes' market values, and market values are what drives equity firm investment. So, with these charts, we can't predict which mobile homes are at risk of being purchased by equity firms. Johnson County thrives only when all our communities are thriving, and the displacement of families has negative impacts on our entire community. It is unfair for a families' housing security to depend on whether they live in a manufactured or traditional home. Sincerely, Joe Porter Clinic Law Student On behalf of Len Sandler, Zack Martin, and Coilin Smith From Brad Comer, Iowa City Assessor, 10/3/2019 Johnson County Mobile Home Parks Parcel Number Owner Name Spaces 15 Assmt/Space 2017 Assmt 17 Assmt/Space 19 Assmt 19 Assmt 19 Assmt/Space Sale Date Sale $ $/space 10-04-101-001 1205 Laura Dr (Forest View) 155 $ 11,965 $ 2,216,880 $ 14,302 $ 3,121,130 $ 20,136 10-33-177-001 Regency 233 $ 9,578 $1,967,600 $ 8,445 $ 2,839,500 $ 12,187 14,185 $ 05-22-177-002 / Parkview Development 104 $ 10,083 $1,134,200 $ 10,906 $ 1,206,100 $ 11,597 $ 2,252,370 09-32-252-002 Iowa City Mhp, LLC 104 $ 13,004 $1,396,900 $ 131432 $ 1,550,600 $ 14,910 Jun -14 $ 1,250,000 $12,019 06-13-152-002 Holiday Mobile Lodge, Inc 262 $ 17,459 $4,683,700 $ 17,877 $ 5,056,600 $ 19,300 10-25-203-006 17-10-302-005 Burr, Richard 20 $ 18,890 $380,800 $ 19,040 $ 388,400 $ 19,420 26,236 09-19-251-002 Hames Manufactured Homes 132 $ 19,339 $2,650,640 $ 20,081 $ 2,658,400 $ 20,139 Apr -19 $ 5,500,000 $41,667 06-28-464-006 Cocr Castle Mhp (Tiffin) 74 $ 21,792 $1,638,500 $ 22,142 $ 1,661,300 $ 22,450 Jan -19 $ 3,500,000 $47,297 06-13-426-008 Golfview Investors LC 274 $ 21,947 $6,117,249 $ 22,326 $ 6,154,100 $ 22,460 Mar -19 $ 12,300,000 $44,891 09-18-351-018 / Modern Manor, Inc 314 $ 23,332 $6,208,430 $ 19,772 $ 6,208,300 $ 19,772 06-26-301-001 Western Hills 285 $ 24,267 $7,018,610 $ 24,627 $ 7,035,700 $ 24,687 10-21-376-050 Lake Ridge 392 $ 25,748 $9,878,280 $ 25,200 $ 9,878,300 $ 25,200 County Totals & Weighted Average 2194 $ 20,100 $43,074,909 $ 19,633 $ 44,637,300 $ 20,345 $ 19,339 Iowa City Mobile Home Parks Parcel Number Address Spaces 15 Assmt/Space 2017 Assmt 17 Assmt/Space 19 Assmt 19 Assmt/Space Sale Date Sale $ $/Space 10-04-101-001 1205 Laura Dr (Forest View) 155 $ 11,965 $ 2,216,880 $ 14,302 $ 3,121,130 $ 20,136 1/6/2016 $ 4,000,000 $25,806 10-22-135-002 2018 Waterfront Dr (Hill Top) 152 $ 12,457 $ 2,156,070 $ 14,185 $ 3,744,060 $ 24,632 7/28/2017 $ 6,425,000 $42,270 10-22-329-006 2128 S Riverside Dr 137 $ 13,917 $ 2,252,370 $ 16,441 $ 2,951,850 $ 21,546 5/1/2013 $3,000,000 $21,898 10-24-376-003 2801 Hwy 6 (Bon -Aire) 406 $ 15,221 $ 6,873,920 $ 16,931 $ 8,455,090 $ 20,825 10-25-203-006 Heinz Rd (Saddlebrook) 150 $ 20,093 $ 3,335,400 $ 22,236 $ 3,935,370 $ 26,236 10-22-351-009 2254 S Riverside Dr 55 $ 21,941 $ 1,433,730 $ 26,068 $ 1,653,800 $ 30,069 12/1/2014 $2,200,000 $40,000 Iowa City Totals & Weighted Average 1055 $ 15,218 1 $18,268,3701 $17,3161 $23,861,3001 $ 22,617 $ 14,569 1 1 $16,6861 1 $23,089 Johnson County Mobile Home Parks: 2019 and 2012 Change in Assessed Value Name Spaces 2019 2012 Change in Value Assessment Asessment Per Space Assessment Asessment Per Space Lake Ridge Forest View 392 $ 9,878,300 $ 25,200 $ 1,017,618 $ 2,596 $ 8,860,682 Western Hills Hill Top 285 $ 7,035,700 $ 24,687 $ 5,850,500 $ 20,528 $ 1,185,200 Modern Manor, Inc Cole's 314 $ 6,208,300 $ 19,772 $ 2,386,300 $ 7,600 $ 3,822,000 Golfview Investors LC Bon -Aire 274 $ 6,154,100 $ 22,460 $ 4,940,600 $ 18,031 $ 1,213,500 Holiday Mobile Lodge, Inc Saddlebrook 262 $ 5,056,600 $ 19,300 $ 4,468,520 $ 17,055 $ 588,080 Regency Cole's 233 $ 2,839,500 $ 12,187 $ 3,300,000 $ 14,163 $ (460,500) Sunrise Totals & Weighted Average 132 $ 2,658,400 $ 20,139 $ 1,141,300 $ 8,646 $ 1,517,100 Clear Creek Median 74 $ 1,661,300 $ 22,450 $ 1,020,400 $ 13,789 $ 640,900 Breckenridge 104 $ 1,550,600 $ 14,910 $ 1,434,700 $ 13,795 $ 115,900 Parkview 104 $ 1,206,100 $ 11,597 $ 517,050 $ 4,972 $ 689,050 Burr, Richard 20 $ 388,400 $ 19,420 - - - Totals & Weighted Average 2194 $ 44,637,300 $ 20,345 $ 26,076,988 $ 11,886 Median $19,772 $ 13,792 Iowa City Mobile Home Parks: 2019 and 2012 Change in Assessed Value Name Spaces 2019 2012 Change in Value Assessment Asessment/ Space Assessment Asessment/ Space Forest View 155 $ 3,121,130 $ 20,136 $ 1,257,120 $ 8,110 $ 1,864,010 Hill Top 152 $ 3,744,060 $ 24,632 $ 1,353,180 $ 8,903 $ 2,390,880 Cole's 137 $ 2,951,850 $ 21,546 $ 1,414,480 $ 10,325 $ 1,537,370 Bon -Aire 406 $ 8,455,090 $ 20,825 $ 4,985,180 $ 12,279 $ 3,469,910 Saddlebrook 150 $ 3,935,370 $ 26,236 $ 2,604,450 $ 17,3631$ 1,330,920 Cole's 55 $ 1,653,800 1 $ 30,069 $ 860,030 $ 15,637 1 $ 793,770 Totals & Weighted Average 1055 $23,861,3001 $ 22,617 $ 12,474,440 $ 11,824 Median 1 $23,089 $ 11,302 University of Iowa Law and Policy in Action Clinic, October 2019 Johnson County Mobile Home Parks 2019 Assessment & Recent Sales Comparison 2019 Recent Sale Name Spaces Assessment Per Space Date Sale Price Per Space Lake Ridge 392 $ 9,878,300 $ 25,200 1/6/2016 - - Western Hills 285 $ 7,035,700 $ 24,687 7/28/2017 - - Modern Manor, Inc 314 $ 6,208,300 $ 19,772 5/1/2013 - - Golfview Investors LC 274 $ 6,154,100 $ 22,460 Mar -19 $ 12,300,000 $ 44,891 Holiday Mobile Lodge, Inc 262 $ 5,056,600 $ 19,300 - - Regency 233 $ 2,839,500 $ 12,187 12/1/2014 - - Sunrise 132 $ 2,658,400 $ 20,139 Apr -19 $ 5,500,000 $ 41,667 Clear Creek 74 $ 1,661,300 $ 22,450 Jan -19 $ 3,500,000 $ 47,297 Breckenridge 104 $ 1,550,600 $ 14,910 Jun -14 $ 1,250,000 $ 12,019 Parkview 104 $ 1,206,100 $ 11,597 - - Burr, Richard 20 $ 388,400 $ 19,420 - - Totals & Average 2194 $ 44,637,300 $ 20,345 - - - Iowa City Mobile Home Parks 2019 Assessment & Recent Sales Comparison 2019 Recent Sale Name Spaces Assessment Per Space Date Sale Price Per Space Forest View 155 $ 31121,130 $ 201136 1/6/2016 $ 4,000,000 $ 25,806 Hill Top 152 $ 3,744,060 $ 24,632 7/28/2017 $ 6,425,000 $ 42,270 Cole's 137 $ 2,951,850 $ 21,546 5/1/2013 $ 3,000,000 $ 21,898 Bon -Aire 406 $ 8,455,090 $ 20,825 - - Saddlebrook 150 $ 3,935,370 $ 261236 - - Cole's 55 $ 1,653,800 $ 30,069 12/1/2014 $ 2,200,000 $ 40,000 Totals & Average 1055 $ 23,861,300 $ 22,617 - - - University of Iowa Law and Policy in Action Clinic, October 2019 Name Owner Year Location Acres Total Lots Empty Lots Assessment Reported Lot Rent 2012: Baculis MH Lodge David Sr. and Karen Baculis 1970 Iowa City 20 115 10 $1,414,480 $300 ALL 2019: Cole's MHP BTM & J Ltd. 1970 Iowa City 17.95 139 $2,951,850 $345 ALL 2012: Bon Aire MH Lodge Bon Aire Mobile Home Lodge Inc. 1967 Iowa City 61.11 351 52 $4,895,180 275 $290 SW DW 2019: Bon Aire MH Lodge Bon Aire Mobile Home Lodge Inc. 1967 Iowa City 61.11 384 $8,4551090 $345 $360 SW DW 2012: Breckenridge Estates Dennis & Connie Huedepohl 1959 Johnson County 12.49 94 5 $1,434,700 $290 ALL 2019: Breckenridge Estates Iowa City Mhp LLC 1959 Johnson County 32.77 104 $1,690,154 $445 SW 2012: Clear Creek MH Park James F. Riggan Tiffin 62 11 $1,020,400 2019: Clear Creek MH Park Cocr Castle Mhp, LLC 1973 Tiffin 14.26 76 $1,810,817 $420 All 2012: Forestview Trailer Ct Btm & J Ltd 1950 Iowa City 15.6 153 2 $1,257,120 $290 SW 2019: Forestview Trailer Ct North Dubuque LLC 19501 Iowa City 15.6 154 $3,121,130 $310 All 2012: Golfview MH Park Golfview Investors LC 1984 North Liberty 48.581 2221 30 $4,940,600 $275 $285 SW DW 2019: Golfview MH Park Mh Golfview, LLC 1 1996 North Liberty 1 48.58 274 $6,201,200 $475 $450 Corner Other Page 1 of 3 Name Owner Year Location Acres Total Empty Assessment Reported o 2012: Hawkeye Trailer Ct Hawkeye Trailer Court 1966 Iowa City 1.89 10 1 $192,320 2019: Hawkeye Trailer Ct TP Holdings 1966 Iowa City 1.89 10 $338,260 2012: Hilltop MH Park MJ Dahlen Hilltop LLC 1957 Iowa City 15.38 147 3 $1,353,180 $290 SW 2019: Hilltop MH Park Cole Family Investment, Inc. 1957 Iowa City 15.42 152 2 $3,744,060 $335 $350 SW DW 2012: Holiday MH Court Holiday Mobile Lodge Inc. 1966 North Liberty 32.77 248 25 $4,468,520 $255 ALL 2019: Holiday MH Park Holiday Mobile Lodge Inc. 1966 North Liberty 32.77 262 $5,056,600 2012: Knollwood MH Park Knollwood Mobile Home Park LLC 1960 Johnson County 3.5 12 $337,510 2019: Not in operation 2012: Lake Ridge Estates Jebb LC 1994 Johnson County 74 400 5 $1,017,618 $325 ALL 2019: Lake Ridge Estates Jebb LC 1994 Johnson County 113 428 $10,000,700 $350 All 2012: Michael F Camp Prop. Michael F. Camp 1960 Iowa City 0.99 7 0 $140,140 $230 SW 2019: Not in operation Page 2 of 3 Name Owner Year Location Acres Total Empty Assessment Reported Lot Rent 2012: Modern Manor Modern Manor Inc. 1983 Johnson County 48.48 313 2 $2,386,300 $350 ALL 2019: Modern Manor Modern Manor Inc. 1982 Johnson County 48.85 315 $6,210,900 $340 All 2012: Parkview MH Parkview Development 1970 Oxford 79.82 79 62 $517,050 2019: Parkview MH Parkview Development 1970 Oxford 79.82 $948,400 2012: Regency MH Community Regency Iowa City Inc. 1971 Johnson County 41.26 186 54 $3,300,000 $400 ALL 2019: Regency MH Community Regency Iowa City Inc. 1971 Johnson County 41.26 234 $2,843,900 2012: Saddlebrook Paddock LLC 1999 Iowa City 31.66 136 0 $2,604,450 2019: Saddlebrook Paddock LLC 1999 Iowa City 28.63 133 $3,935,370 2012: Sunrise MH Village Hames Manufactured Home Communities LP 1971 Johnson County 26.72 133 3 $1,141,300 2019: Sunrise MH Village Sinrise Village, LLC 1971 Johnson County 24.42 132 $2,658,400 $510 All 2012: Thatcher MH Park Jim Hammes 1974 Iowa City 14.36 53 0 $860,030 $310 ALL 2019: Cole's MHP (former Thatcher) Cole's Community LLC 1974 Iowa City 14.36 55 1 $1,653,800 $345 ALL 2012: Western Hills M Estates Gordon Family Trust etc. 1972 Coralville 81.43 209 70 $5,850,500 $325 DW 2019: Western Hills M Estates Gordon Family Trust 1972 Coralville 72.1 1 1 $6,9421400 Page 3 of 3 OURDISTPICT A Student Population: 14,285 (October 1, 2018 certified data) Iowa City Community School District is the 51" largest school district in Iowa. School Sites 17 preschool sites, 21 elementary schools, 3 junior highs, 3 high schools, L1 alternative high school 0— Student Languages More than 90 different languages are spoken by students and their families across the District. Average District Class Size 20/1 at the elementary level (Grades K-2) 0 • 0 23/1 at the elementary level (Grades 3-6) 28/1 at the secondary level (Grades 7-12) District Size • 133 square miles • More than 100 buses transport 5,000 students daily District Personnel 57% Certified Staff 40% Support Staff 3% Administrators ` Budget Percentage 84% personnel costs 16% operational costs Iowa City Community School District LEGISLATIVE PRICM 2020 Legislative Session 0 Supplemental State Aid must be Adequate and Timely The Iowa City Community School District needs a 4.5% increase in SSA to keep up with ongoing cost increases that have averaged 4.4% per year for the past decade. QMental Health Services for Students Ensure children get the mental health care they need. Nearly 1 in 5 U.S. children have a mental, emotional, or behavioral disorder. School-based mental health care can include screening, treatment, and medication monitoring. ©. Fully Fund 4 Year Old Preschool Instruction for Qualifying Students Children never get a second chance at a good start and students that complete preschool are better prepared to become successful students. OCareer and Technical Education There is a need for a state-wide initiative to increase access to Career and Technical Education (CTE). Districts need funding to offer CTE courses for students seeking alternatives to college. r� Support for Clima Change Initiatives There is a need for colla between state and local go and local school districts to Me create awareness, and take action in regard to climate change.` Restoration of Cha The state of Iowa should country in attracting tale districts. Restoring Chapt direct impact on the recr of educators and morale our No Vouchers a Vouchers are a diversion of public education funds to programs that do not have to follow Department of E rules. All schools receiving any federal or state dollars should adher and state rules and regulz 15, Prepared by: Simon Andrew, Assistant to the City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 35&5014 Resolution No. 19-294 Resolution Establishing The City Of Iowa City's 2020 Legislative Priorities Whereas, the Iowa City City Council seeks to encourage legislation that enhances the quality of life for residents in Iowa City as well as the State of Iowa; and Whereas, the City of Iowa City and other cities play a critical role in the future of the State; and Whereas, it is in the interest of the residents of Iowa City that the City Council establish legislative priorities and convey said priorities to our State delegation and other relevant stakeholders. Now, therefore, be it resolved that the Iowa City City Council hereby outlines its legislative proposals to the Iowa City area legislative delegation for the 2020 Iowa State legislative session as follows: Support for Climate Action Initiatives Support initiatives and legislation that further the goals contained in Iowa City's Climate Crisis Declaration, Climate Action and Adaptation Plan, and Strategic Plan. Iowa City encourages the State to take steps to meet International Panel on Climate Change emission targets and allow for greater flexibility for local government in terms of building and energy codes, water quality measures, and funding mechanisms. Support University of Iowa Student Government (UISG) proposal regarding rental property move -in checklists UISG has provided to the City their policy recommendation for State legislation regarding itemized move -in checklists for rental properties. UISG recommends legislation requiring the use of checklists by landlords and tenants and an associated process for implementation. City staff have reviewed this recommendation and are supportive. UISG's proposal is included in Council's packet. Support legislation protecting the rights of manufactured housing residents Recent sales of manufactured housing communities statewide and the resulting impact on those communities has led to discussions at both the state and local levels regarding how best to protect the rights of the families living in these communities. A recent report issued by the Johnson County Mobile Home Task Force includes a number of recommendations for state legislation. Ensure the continued funding of commercial & industrial property tax replacement payments Resolution No. 19-294 Page 2 2013 property tax reform measures are placing significant financial pressures on cities across the state. Over the next several years, cities will be challenged to maintain basic service levels, even with State of Iowa property tax backfill reimbursements. The magnitude of backfill payments for many cities is such that in addition to basic service cuts, property tax rates will likely be raised to compensate for the lost revenue. Raising tax rates to compensate for reduced taxable value negates the intention of property tax reform. Backfilling a portion of property tax revenue lost to local jurisdictions was an important component of the 2013 legislation and recognized the necessity of this revenue for local government operations. Protect Home Rule authority for local governments Local governments are uniquely positioned to respond to the needs and priorities of our residents and taxpayers. Cities innovate in response to local conditions and implement new ideas that can benefit the State as a whole and more closely reflect the priorities of the public we serve. This includes local flexibility in local building codes, revenue options, and land use decisions. Support the continued excellence of the State's primary, secondary, and higher education institutions and advocate for additional education funding Iowa's primary and secondary schools are fundamental drivers of the State's economic growth, standard of living, and future prosperity. It is essential for the success of the State and our local communities that support for our schools is a top priority in the State's budget. The University of Iowa plays a critical role in supporting statewide economic, social, and cultural growth. It is important the State of Iowa provides the university the needed resources to ensure the university's continued ability to facilitate growth opportunities in varied sectors of the business community. Likewise, community colleges play an important role in ensuring the continued competitiveness and inclusivity of the state's economy. The City encourages the State to carefully consider and support the legislative and financial priorities of the University of Iowa and Kirkwood Community College. Support the legislative efforts of the Iowa League of Cities and the Metro Coalition Iowa City, as a member city of both organizations, supports the legislative priorities set forth by the Iowa League of Cities and by the Metropolitan Coalition for the 2020 legislative session. Passed and approved this 3rd day of December 20 19 MA OR ATTEST: CI CLERK ro ra.py J City Attorney's Office Resolution No. 19-294 Page 3 It was moved by Mims and seconded by Cole Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: Cole Mims Salih Taylor Teague Thomas Tluogmorton the