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Home My WebLink About1987-05-12 ResolutionRESOLUTION N0. 87-94_ RESOLUTION ACCEPTING THE WORK FOR THE LANDFILL FORCE MAIN AND LEACHAGE PUMPING FACILITIES PROJECT WHERFac .... . as Division Le chats P421ng Statioommended that the improvements ma�P 9 Station 700e �_._ _ —6uoer 1, 1986 of Dubu ue' Iowa ---'' .1.Wiscnlgg�_ be accepts , an WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the Cit that said improvements be .hereby accepted b Y Council of Iowa City, Iowa, It was Y the City of Iowa City, Iowa. that the resolution as reackson be a o and seconded by Zuber pts , and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X X Baker X Courtney Dickson X McDonald _X Strait X Zuber Passed and approved this 12th day of May 19 87 , i ATTEST: ` ? • 1 �-�•t�—C—IT�Y CL ER—�'�— dlr,a �� .'• .0 . 471 i 3ylJ CITY OF CIVIC CENTER 41 IOVVA COE. WASHINGTONST. IOWA CIN, IOWA 52240 (319) 356-5030 ENGINEER'S REPORT May 6, 1987 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the the plans and specifications of the Engineering Iowbond sisnonffile intthe fCity aClerk's officeCity. The . maintenance LANDFILL FORCE MAIN AND LEACHATE PUMPING FACILITIES PROJECT as constructed by Tschi frie Excavation xcavation of Dubuque, Iowa. I hereby recommend that the above-mentioned improvements be accepted by the Cityof Iowa City. The total cost improvements is $166,221.65. of the R ectfu su tted, Frank IC. Farmer, P. E. City Engineer FKF/mk 4 T8 M RESOLUTION NO. 87-95 RESOLUTION ACCEPTING THE WORK FOR IOWA CITY RECREATION CENTER HEAT RECOVERY PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the IOWA CITY RECREATION CENTER HEAT RECOVERY PROJECT as inc uded in a contract between the City of Iowa City and AAA Mechanical Contractors. Inc. nf T„.— WHEREAS, ._.._ WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa. It was moved by Dickson and seconded by Zuber that the resolution as rea be a opted, and upon roll caTT there were: AYES: NAYS: ABSENT: X Ambrisco R Baker X Courtney X Dickson _ X McDonald — X Strait X Zuber Passed and approved this 12th day of May 19 87 . MAY ` ATTEST: J L11Y CLERK R c iv App,ovu, c CeF.arYment � ?9 - - M T p) CITY CIVIC CENfE O 1- R 410 E. WASHINGT CWA ONST. CITY IOWA CIN IOWA 52240 (319) 356-5COD May 8, 1987 ENGINEER'S REPORT HonorableMayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: I hereby cert if Iiated below y that the construction with the have been completed in Division ofpla" and substantia, Of the mplovements on Y ofsIowaficatcity On, of the accordance is on file Cit City. The Of thed Engineering IOWA CITY in the City Clerk's office. maintenance constructed RECREATION CENTER acted by AAA Mechanical City, Iowa. II hereby recommend that improved by the City of ments is $30,521.00. I Respeotfully submitted, Frank K. Farme City Engineer P.E. HEAT RECOVERY PROJECT as Contractors, Inc., of Iowa the abOVe-menti Iowa oned improvements Citbe City. The total cost Of the 79 J t(,) � L':1Y 1987 Iowa Department of Transportation 430 16th Avenue SW, Cedar Rapids, IA 52404 319-364-0235 May 1, 1987 County Iowa/Johnson/Cedar Proj. No. IR -80-6(122)214--12-48 Agreement No. 87-M-179 RE: Pavement Repair The Honorable William Ambrisco, Mayor Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Dear Mayor Ambrisco: This is official notification to your City Council that the Iowa Department of Transportation proposes to let a pavement repair project on Primary Road No. I-80 from the Millersburg to West Liberty Interchanges on June 9, 1987. A part of said project lies within the City of Iowa City and extends from the City's west to east corporation lines. The work will be done in accord with the current Form 810034 "Agreement for Primary Road Extension Maintenance and Operation". Project costs will be paid from the Primary Road Fund and no charges will be made against the City. The project is proposed for, construction during 1987. Resident Engineer Mark Bortle of Cedar Rapids, Iowa, telephone number 319-365-6986, will advise you of the contractor's proposed schedule when the information is available. We would appreciate this project notification being included on your next City Council meeting agenda as a matter of information for the Council members. If you have any questions concerning the work involved, please contact this office as soon as possible in order to expedite any possible changes. Very trqA yours, Aask�l Robert C. Henely RCH/jh District Engineer cc: Ed Fawkes, ROW, IDOT, Ames Iowa City RME Mike Jackson Cedar Rapids RCE Mark Bortle LUB Marian Karr, City Clerk City of Iowa City Civic Center 410 Ea t May 1, 1987 _I �giEI Wy 41987 MARIAN K. KARR CITY CLERK (3) s Washington j Iowa City, IA 52240 I I Dear Ms. Karr: I I On April 18, we received a letter from the city informing decision had been made to pave the alley which gives access to our driveway, and that the estimated assessment for our t °s that a we Will be unable to attend the me property would be Person, and se are attend y 12 council meeting to voice $our 7 pin ns the proposed writing this letter to register our strenuous objection in project. Our reasons for this are as jection to follows: 1) Accordingy engineers office, Planning I for two to the cit � Years. We have been at our address for has been underway unaware of any significant details threeyears aforementioned of the project until receiving could letter, at which point our participation in g the I so substantially affect our economic fortunes was limited to voicing this objection. We should have had a voice earlier on in the project which We are told that at t Process. objections of 75% of his point the project can only be interrupted b I calculation, 15 Of f the affected property owners or according to our y the six owners of multiple- property owners along the alley e and that at least -unit properties wantthe, that our done. This suggests that the end of the alley protests are rendered impotentobycthesmonnertinlly a whichfthe revealed imposition toouathis pointjtoo act,fdecidedar upon by an unknown mechanism, is being thus be meaningful Opportunity to oppose it. iFurthermore, tn its course he us to have a he ength Of I situation which hardlyertaken on tseemsrequitableofor all propertyowners affected. may Y Y approval a 2) The project itself seems a rather grandiose transformation of what has long been a dusty alley, now to become not only paved but with sewer and sidewalks to boot. The cost is, obviously, a reflection of the magnitude of this proposed improvement. 3) Finally, we strongly protest as manifestly unfair an assessment scheme, that treats all property owners along the alley with equal financial responsibility for its improvement. The principal reason the alley needs to of be paved now is the creation, by construction of new buildings or conversion thatxpreviouslysdidn'tuevenlexistt rental properties along a stretch of alley income -generating properties (the privately owned would be unlikely to raise objections ofrom tleirthe oownerathbtalleThese are the exponential increase in traffic along the alley y project tenants has caused t t Y the same token, ! he deterioration of t y by the large number of he alley. This paving project holds 49/ May 1, 1987 Page 2 the potential for increasing the value and rentability of these income -generating properties. Meanwhile, we remaining single-family property I owners are faced with the prospect of paying for this project from our own resources under the same assessment scheme (based, essentially, simply on the land -area of the affected property) as that used for the apartment buildings. In essence, we private owners are being required to subsidize a C project, the need for which can reasonably be traced to the creation of !j rental properties which stand to be the principal beneficiaries of that project. (Let's face it, our property value, especially in the present Iowa City housing market, is unlikely to increase $3000 on the strength of paving the bumpy 100 -foot access to our driveway). We.entreat you to consider this matter fairly, and to intervene in this project by either cancelling it, making its completion contingent upon theI� informed approval of a majority of the affected property owners, or delaying it until a more equitable assessment scheme is devised. Sincerely, �l\_ j Gregory P. Brown Rebby Geise Brown �ua�p MAY 41987 MARIAN K. KARR CITY CLERK (3) J U 00 Notice of objection to paving of ALLEY PAVING ASSESSMENT PROJECT PY87 April 21, 198? Alley, Block 9, Lyon's 2nd Addition from Bowery south to South property - East Side Perhaps a simple little story will suffice: in 1952 we purchased the South 52' of Lot 10, Block 9 in Lyon's Second Addition to Iowa City, A lovely single-family home on a beautiful elm -lined street. The most obvious disadvantage was a dusty dirt alley, but, since there was little traffic, my wife and I could tolerate this because of the attractive view from our front porch. There were fruit trees, shade trees and green lawns in the rear, and the neighbors in the block pooled their money each Spring in order to lay down oil which kept the maintainance of the alley in satis- factory condition, considering the fact that only a dozen or so autos moved in and out Iof the alley on a daily basis. As the years passed, there followed a series of what ca n only be termed catastrophes II which continually undermined the quality of our neighborhood. I would cite first the broadening of Dodge Street to the advantage of the city and those who gain from the I Gilbert Street Throughway, The entire block lost its healthy shade trees and curbside I iparking was discontinued. Secondly, and most important, the destruction of the entire block by permitting a multitude of apartment houses to be built adjacent to us. The multi -family housing, abetted by indifferent city inspection, sprawled over the entire Iproperty with no allowances being made for access to and from Dodge Street; on a deadend Ialley with no outlets to either Dodge or Johnson Sts, This caused excessive traffic (not the least of which were huge multi -wheeled trash haulers) with accompanying noise and dust, a breaking down of the 'ROADWAY,' and a speeding by mostly student tenants which, on an improved road, can only further threaten dangers to our grandchildren and our pets. 0 IS87 MARIAN K. KARR CITY CL RX () -I Now that we are both over 65 and have sufficient problems to deal with, it is particularly stressful to receive an assessment of $3,991,51 to provide access to the very areas which have blighted our home. As members of a council charged with the duty of observing the welfare of every individual taxpayer of Iowa City, can see the vast injustice of demanding such a large assessment to provide paving for certainly you the very interests of those who have destroyed our neighborhood and devalued our property, 0 d E M PR 3 01987 MARIAN K. KARR CITY CLERK (3) G it/ —t PRESS-UTIZEN Mary Parks Stier 319 E. Washington St. PO Box 2480 Iowa City, IA 52244 (319(337.3181 President and Publisher May 1, 1987 Marian K. Karr City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240 Dear Marian: I I received your notice to property owners on the FY87 alley paving assessment project. I have met with Joyce DeLong and Bill Ambrisco on the Press - Citizen's concerns about this project. We have signed the "Tempor- ary Construction Easement and Covenant" with a letter attached. I believe it will be satisfactory to all. The letter states: The Iowa City Press -Citizen requests: 1. FY87 alley project to be broken into 2 segments to ensure accessibility to our main loading dock or our newsprint loading dock. 2. Newsprint haulers will congregate around the main load- ing dock between 10:30 a.m. - 1:00 p.m. each day. Workmen must be i instructed not to interrupt this flow. The Press -Citizen will ex- tend the same courtesy to workers on the alley. 3. The Press -Citizen has the capacity to house 28 days worth of newsprint. The project must be completed within 28 days to en- sure our ability to print the newspaper. 4. To ensure a 28 day supply of newsprint, we request that the city advise us of the starting date as soon as possible. We ask that the City of Iowa City understand our need to replenish our newsprint supply after 28 days to ensure publica- tion of the newspaper. Your cooperation is vital...and much ap- preciated. Unfortunately, the entire management team of the Iowa City Press -Citizen will be out of town on May 12, so I'm writing in advance to convey our concerns. We will have a representative on hand to take notes. If you have any questions prior to the May 12 meeting, please call me at 337-3181. Cordially, y Parks Stier MPS/Jo MAY 41987 cc: Joyce DeLong Bill Ambrisco� MARIAN K. KARR GANNW CITY CLERK (3) j MM III IIOVINUI Ggl 7J��) April 28, 1987 G _.T Ms. glary Lee Dixon City of Iowa City 410 E. Washington St." .'R 2II 1987 Iowa City, IA 52240 MARIAN K. KARR RE: Alley Paving CITY CLERK (3) South Johnson/South Dodge - Assessment cost $6706.75 Dear Ms. Dixon, In response to your letter of April 16, 1987 regarding;the cost of the proposed paving of the above alley and also Che proposed property acquisition. We oppose the paving project for five main reasons: 1.) Our property will not benefit from the paving. 2.) We are being forced to pay for the paving against our will. 3.) The need for paving is due to the City of Iowa City permitting overbuilding on the corresponding sections of South Johnson and South Dodge and also permitting the new properties tO'exit only onto the alley in question rather than onto the respective streets, as do the other properties that back onto the alley. 4.) The new buildings backing onto the alley have removed all vegetation and replaced it with concrete. There is not way for water to be withheld from flooding into the alley. These property owners should act to inhibit this free flow of water. 50 If there is a clear need for additional access to the alley this should be obtained by purchase of the vacant lot owned by Economy ' Advertising and its conversion into an access road. j lie oppose the threatened take over of our property by the City for the following; reason: The area is 340 sq, ft. which places its value at $2000.00+ rather than tl,u paltry $200.00 which you mentioned. lie have spent some time and money looking into this matter and we understand that we also own the South 43' of the same tract. lie believe that those persons whose recent actions have affected the alley should pay for the measures that are proposed to ameleorate the consequences of chose actions. 'We have been quietly enjoying our property and wish to go on doing so, without being put to inconvenience and expense as a result of the greedy acts of others. Yours truly, IJ.K. Beddowcc; William Ambrisco J. Beddow Steven Atkins Joyce DeLong vMarian Karr City Councilmembers 491 SUBJECT: Proposed paving of alley known as the ALLEY PAVING ASSESSN,ENT PROJECT PY87 between So. Dodge and So. Johnson Streets with estimated assessments. We, the undersigned, property, owners and interested parties, present this petition to the City Council of Iowa City as a formal statement Of objection to the implementation of this project: -fes �• ��,.r.� k)uX&tc, W�4Lul , ice.. e& s o R � I MAY 1 11987 MARIAN K. KARR CITY CLERK (3) G8/ May 11, 1987 1o: The City Manager of Iowa City The City Council of Iowa City Planaing and Zoning Commission Engineering Department , Please be advised that 1 am inst the paving of the alley to the South of Bowery Streat between the 600 blocks of South Dodge and South Lucas Streets. h 6-n 3 3 R -G a/N/2hI�rYjdY/C /e 37 Sa.Ltucas S',- /✓!ittac%red 0039 N e ✓e to zelO e- From /Yli/�rrs 9a� 11981 MARIN K. KARR CITY CLERK (3) (OX/ -I `I To the City Council of the City of Iowa City, Glenn H. and Marjorie L. Miller wish to go on record as opposing the paving of the alley behind their properties located at 637 and 639 South Lucas. %Ila.:�v5• //�ti�Cv�/ Marjorie L. Miller i Mr. Miller is hospitalized and unable to sign this statement I I 4 f i AJAY 111987 MARIAN K. KARR CIN CLERK (3) I To the Mayor and Cit May 6, 1987 Y May members: We are seeking the approval of the City Council a sidewalk cafe directly in front of our restaurto establish American Bistro was the firsant. t tenant of the new Brewery Ofuare 1986 -renovation especiall beginning occupant historic Y Pleased to be Y in December which is being and renovation of Part of the consistent with con ested into usage a fine old building 4 most beneficial to and side, which is a Y of life in Iowa Cit y and the growing and vital part of the community. We have the support of our landlord, Towncrest Investment Associates, who share our view that a sidewalk cafe in front of American Bistro would enhance both the Brewery Square Project and the quality of life in the neighborhood. fact, rather than landscaping the area in shrubbertion In Y, as was originally planned, TIA hasslaid with cobblestones along the front of our building, in the hope and expectation that our project will succeed. 25 feet Specifically, we seek the use of an area approximately 5 b existing sidewalk. directly accessbetween toour th front window and the Y through our front door, which opens ontottheearea without the necessitya is Provided the si hope small tables and sixteen chairswinkthisespace to Place four hich is covered by a canopy which both shelters it fromw winclement weather, and further defines it as a natural part of our business area. The area in question is city right-of-way. Ile are the current restrictions on the usage aware of propose two alternate solutions of such space, but but provide service we which would enable us to esireableSPatrons would be most eek oneof thefollowing solutions: I. Provide Lease of the area from the city. This Periodic reexamination would advisablility of the of the value and use of the area as a sidewalk cafe. would be most willing to pay a reasonable We and to full rent on the area and sign a "hold the which would yexempt ethe cityit agreement action arising from liability for the operation any leagal property. cafe on this T R I ' �,v 7 1987 MARIAN K. KARR CITY CLERK (3) 4802. i 2. A change of city oridinance to allow sidewalk cafe operation on a case-by-case basis, providing that the operators of such cafes can do so without obstructing pedestrian traffic or creating a nuisance, and agree to provide adequate liability insurance on the operation. There may be other and better solutions which would enable the city, American Bistro and the public to profit from what we see as an attractive addition to summer life here. We are quite open to suggestion. We do feel stongly that we have already made a contribution of the quality of life in Iowa City by bringing new cuisine and a fresh, pleasing environment to life, and by participating in the renovation of a fine old building and the rejuvenation of the city's oldest neighborhood. We are certain that your support in ; our efforts to further serve Iowa City will be appreciated by the many who will enjoy that service in the years to come. i Sincere 'y, Jo Gillespre,Jr. Vi President American Bistro Corp. T o a c "-,Y 71987 MARIAN K. KARR CITY CLERK (3) GaOZ -I City of Iowa City MEMORANDUM Date: May 1, 1987 To: Honorable Mayor and City Council From: James Brachtel, Traffic Engineer Re: Stop Bar on the North Leg of First Avenue and Lower Muscatine As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action. ACTION: As directed by Section 23-30 of the Municipal Code of Iowa City, the City Traffic Engineer will direct the installation of a STOP HERE ON RED sign on the north leg of the intersection of First Avenue and Lower Muscatine. This action will take place on or shortly after May 15, 1987. COMMENT: This action is being taken to reinforce the relocated stop bar on the north leg. The City Traffic Engineering Division is relocating the stop bar on the north leg, north approximately 40 feet. This relocation is being made to accommodate the handicapped crossing on the north leg. The sign and new stop bar will permit handicapped individuals to use the curb cuts in the area. It will prevent cars from standing on the crosswalk as they wait for the traffic signal to change from red to green. tp5/4 PRAM MAY 11987 MARIAN K. KARR CITY CLERK (3) 4 83 _1 a MoR�owa city ME — ANDUM Date: April 30, 1987 To: Honorable Mayor and City Council From: James Brachtel, Traffic Engineer Re: Left Turn Designation at Keokuk Street/U.S. Highway 6 As directed by Section 23-16 of the Munici advise you of the following action: ACS; Pal Code of Iowa City, this is to � I Pursuant Traffic t0 Section 2irec of the Mun Keokuk treet/i will direct the installationIcIpal Code i Street/II.S, Hi of Iowa Cit the left-hand lane of they 6 S0 that vehicles °f signs at the y' the City to turn left, north bound le entering the Intersectionfrom of right turning movement. hand lane will be of Street required 14, 1987.This action will be re will take Place on straight through and CO=: or shortly after May This action is being taken to organize the fl the south leg of the intersection. ow of bJ4/12 north bound traffic from I D 01907 MARIAN K. KARR CITY CLERK (3) 4 8fl- M W�_ RESOLUTION NO. 87-96 RESOLUTION APPROVING A MINOR AMENDMENT TO THE AMENDED PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR BLOOMING PRAIRIE WAREHOUSE, INC., 2340 HEINZ ROAD. WHEREAS, the owner, Blooming Prairie Warehouse, Inc., has filed an applica- tion for approval of a minor amendment to the amended preliminary and final Large Scale Non -Residential Development Plan for their property located at 2340 Heinz Road; and WHEREAS, the Department of Planning and Program Development has examined the amended final Large Scale Non -Residential Development Plan and has recom- mended approval of same; and WHEREAS, the amended final Large Scale Hon -Residential Development Plan has been examined by the Planning and Zoning Commission and after due delibera- tion the Commission has recommended that it be accepted and approved; and WHEREAS, the amended final Large Scale Non -Residential Development Plan for Blooming Prairie Warehouse, Inc., has been found to conform with all of the pertinent requirements of the ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the amended final Large Scale Non -Residential Development Plan for Blooming Prairie Warehouse, Inc., located at 2340 Heinz Road, is hereby approved. 2. That the City Clerk is hereby authorized and directed to certify the approval of the resolution and said plan; all documents shall be recorded at the Office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. It was moved by Zuber and seconded by Courtney the Resolution bea opt an upon ro call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X — Dickson X McDonald X Strait X Zuber Passed and approved this 12th day of _ May 1987. AYOR 1 ATTEST:^ CITI` CLERK et _I 4Y City of Iowa city MEMORANDUM Date: April 29, 1987 To: Planning & Zoning Commission From: Barry Beagle, Associate Planner Re: 5-8110. Blooming Prairie Warehouse, Inc. Blooming Prairie Warehouse, Inc. has made application for an Amended Final Large Scale Non -Residential Development (LSNRD) Plan approval to permit the construction of a 1,224 square foot freezer addition onto their exist- ing warehouse located at 2340 Heinz Road. The applicant last appeared before the Planning & Zoning Commission on March 5, 1986, seeking Amended Preliminary and Final LSNRD Plan approval to permit the construction of an 8,960 square foot warehouse addition and was recommended for approval by a vote of 5-0. The amended plan was approved by the City Council on March 11, 1986. Subsequent to the approval of the amended plan, the LSNRD Ordinance was amended which no longer permits minor deviations from approved plans. Accordingly, the applicant is seeking amended final LSNRD approval to permit only the addition of the freezer. The proposed addition will not alter approved stormwater management plans nor result in an increase in parking. With the freezer addition, the total area devoted to warehousing will be increased to 24,584 square feet. According to Section 36-58(a)3.g., no additional parking spaces are required since the proposed addition will not exceed a total of 25,000 square feet devoted to ware- house space. Staff finds the amended final LSNRD plan to be in substantial compliance with the LSNRD regulations and the requirements of the I-1 zone, and recommends that it be approved. bdwl/1 Enclosure Approved by�. onald chmeiser, Director Department of Planning and Program Development 4A& 1� f RESOLUTION NO. 87-97 RESOLUTION EXTENDING APPROVAL OF THE PRELIMINARY PLAT FOR HUNT- ERS RUN SUBDIVISION PARTS 4-8 FOR 18 MONTHS. WHEREAS, on May 22, 1984, the City Council of Iowa City approved a pre- liminary plat, amended Planned Development Housing Plan and Large Scale Residential Development Plan for Hunters Run Subdivision Parts 2-8; and WHEREAS, since that date final plats and plans have been approved for Parts 2 and 3 of Hunters Run Subdivision; and WHEREAS, approval of the 1984 plat was extended at the subdivider's re- quest in November, 1985; and WHEREAS, the preliminary plat for Hunters Run Subdivision Parts 4-8 now expires on May 19, 1987, unless another extension is granted; and WHEREAS, the City Council may grant an extension of time for a preliminary plat upon written request of the subdividers; and WHEREAS, the subdivider has made such a request indicating that the devel- opment is proceeding in substantial compliance with the timetable con- tained in the preliminary plat which anticipates final completion of the whole subdivision in 1993; and WHEREAS, the Planning and Zoning Commission has reviewed this request and agrees to the extension of the preliminary plats of Hunters Run Subdivi- sion Parts 4-8 for a period of 18 months. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the preliminary plat of Hunters Run Subdivision Parts 4-8 is hereby approved for an additional 18 months through November 12, 1988. 2. That the Mayor and the City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution which shall be affixed to the preliminary plat for Hunters Run Subdivision Parts 2-8 approved May 22, 1984. 4 93 i 2 It was moved by Courtney and seconded by Dickson the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO X BAKER X COURTNEY X DICKSON _ X MCDONALD _ X STRAIT X ZUBER Passed and approved this 12th day of May 1987. MAYOR_ ATTEST: CI CLERK _ e7 q City of Iowa City Fr- MEMORANDUM DATE: May 1, 1987 TO: Planning and Zoning Commissi;o4n FROM: Karin Franklin, Senior Plann RE: Hunters Run Subdivision Attached is a letter from Dale Sanderson, representing the owners of Hunters Run, requesting an extension of the 18 month effective period of the preliminary plat of Hunters Run Subdivision. Hunters Run is a phased development, the full development of which is scheduled for 1993. Substantial progress has been made in the development of Parts 2 and 3. Parts 2 and 3 are single-family developments and are closest to Freeway 218. The enclosed schedule indicates the time frame for the total development. The shaded area indicates activities which have been completed or are near completion. The approved preliminary plat will be available at the Commission meeting for the discussion. 16 RALPH L. NEUZIL OALESANDERSON City Council of Iowa City, Iowa Civic Center 410 East Washington Street Iowa City, Iowa 52240 NEUZIL & SANDERSON ATTORNEYS AT LAW 117 WRIGHT STREET P.O, Box 1607 IOWA CITY, IOWA 52244 April 29, 1987 RE: Preliminary Plat Amended P.D.H. and L.S.R.D. Plan of Hunters Run Subdivision Parts 4 through 8. Dear Council members: TELEPHONE: IOWA CITY 13181337-3167 OXPORP 13151 625.4175 Back in May 1984, the City of Iowa City approved the Plat, amended Plan Development Housing Plan, and Large Scale Residential Development Plan for Hunters Run Subdivision, Parts 2 through r8liminary 3 of Hunters that Sdate, final aPlats f have been a of Lots to inal Plat forrthedresubdivsion for Parts 2 and Subdivision and of Lot 51 and 50 of Part 3 of Hunters Run Improvements for pthevLois for Parts 2 closest to Rohret Road have been installed, and 3 and the resubdivision The approval given in May of 1984 was subsequently extended by City Council Resolution on November 19, 1985 1987. This 18 month extension Will expire on May ig Please treat this letter as a request from the Hunters Run Development Company for an other 18 month extension of time for the preliminary plat, amended P. Iowa. D.H. and L,S.R.D, Plan for Parts 4 through 8, Hunters Run Subdivision, Iowa City, Johnson County, the time he development isonproceeding in substantial compliance With and as this single family dwelling houses have ebeen nconstructedary plat.8ral inethe snew ubdivsion development the extension Oftime Islvconsistant with theeCouncil'seactionrining approving the original preliminary plat, amended P.D.H. and L.S.R.D. Plan and the final plat for Parts 2 and 3 and the resubdivision, Respectfullysubmitted, D�ne Sanderson Attorney at Law DS: db 4 93 ' 7� Int tl cd. .•r•:: : I, ..•Ii:• :,n:.: ,:,, , .. i•.,. : :.,ii i...� .poi I' 8 1 1 1 II ]❑ f I i ' I7 F I !' 1 I' I' IIr. 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VIII ...:...:...:...:...:...:...:.... .... ...... lFll'IIpVFa11•:Nl I'art VIII ...:...:...:...:...:...:. cCHq(,ER EN TER Pkv/SES ,5>n y Gil S.-&- 7' S'T 16)w O/rY, /rylYq OW.t/E.Fy ArroQA/EY' 6,91E 94N66RtPOA1 G17 S'. bUBUDUE IOWA O/ry, /UWA �VEWNr9E).1� QulgQp.C��2 t0 i.a¢LE (.t arecll y:rJG�e Fr,nnvl t_uT� '?t �71rIGLB CAi dI L'( i.rLl-Aj �_or:, 32 nU PLEA. LOT} I -�4 DO CO1�Pl,E� DO J D I a G RESOLUTION NO. 87.99 RESOLUTION ADOPTING THE CAPITAL PROJECTS FUND BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1987 and 1988. WHEREAS, a public hearing was held on May 12, 1987, to allow the public to consider the Capital Projects Fund Budget, and WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest and City ,�nl was totadopt the erest Of CapitaldProjectsnFu d Budget.government for the City of Iowa NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Council hereby adopts the Capital Projects Fund Budget for FY87 and FY88 which is attached to this resolution and by this reference made a part hereof. It was moved by Dickson and seconded b the Resolution be a op an upon ro call there were: ZUber AYES: NAYS: ABSENT: X X Ambrisco X Baker i X Courtney Dickson X McDonald x_ x_ Strait Zuber Passed and approved this 12th day of 1 1987. FiAYIJfF— ATTEST: �� i;r ERK Y.• �rocd i wq: p•%s.n�;, 007 CITY OF IOWA CITY FUND RECEIPTS ANDPITAL EXPENDITTURESSSUMMARY - FY87 BEGINNING ----- FY87 BUDGET ----- TYPE OF PROJECTS - ----------- BALANCE RECEIPTS EXPENENDING - -ALAN---------- DITURES BALANCE A------ --A---------- Water Human Development Pollution Control Bridges Parking Improvements Streets Other TOTAL FY87 CIP i' (1,072,557) 1,072,557 '- 32,434,873 4,128,902 28,305,971 (1,380) 1,361,360 1,359,980 93,059 135,366 228,425 (69,472) 2,149,857 2,080,385 4,229 5,1� 1,758,137 —� 3,3_ 5 1'054, ) 42,20 9,5 31,674,812 3,150,905 3,150,905 G 97 CITY OF IOWA CITY CAPITAL PROJECTS FUND RECEIPTS AND EXPENDITURES SUMMARY - FY88 6? -----FY88 BUDGET ----- BEGINNING EXPEN- ENDING TYPE_OF_PROJECTS---------- RECEIPTS DITURES BALANCE - - ----BALANCE $ ------ ---S-----------S-----------$----- Water -- 400,000 400,000 -- Human Development -- 65,000 65,000 -- Pollution Control 28,305,971 822,000 28,321,214 806,757 Bridges -- 2,076,000 2,076,000 -- Parking Improvements -- 96,500 96,500 -- Streets -- 2,376,406 2,376,406 -- Other 3,368,841 949,470 4,318,311 -- TOTAL 31,674,812 6,785,376 37,653,431 806,757 FY88 CIP 38,783,313 38,783,313 6? CITY OF IOWA CITY CAPITAL PROJECTS FUND RECEIPTS AND EXPENDITURES BUDGET ORIGINAL REVISIONS FY87 FY88 FY87 CIP NEW PROJECTS BUDGET _____BUDGET $ -------------- $- ---- Water Projects Beginning Balance 1,072,557) - Receipts: G.O. Bonds E. Side Water Storage Tank -- 1,068,440 1,068,440 -- Water Dept. Computer -- 400,000 Replacement -- -- Total G.O. Bonds 1,068,440 1,068,440 400,000 Sales Tax Refund: E. Side Water Storage Tank -- 4,117 4,117 -- Total Receipts 1,072,557 1,072,557 400,000 Expenditures: Water Dept. Computer - 400,000 Replacement - - Ending Balance -- 497 CITY OF IOWA CITY CAPITAL PROJECTS FUND RECEIPTS AND EXPENDITURES BUDGET -I G97 ORIGINAL _FY87 CIP REVISIONS NEW PROJECTS FY87 FY88 BUDGET $------ --------�------- BUDGET $--------------$---- Human Development Projects Beginning Balance Receipts: CDBG: N. Market Pk. Play Area Terrell Mill Park Imprs. 3,000 1,200 3,000 1,200) Total CDBG 4,200 4,200) _ Operations: -- Mercer Pk. Softball Fields -- City Pk. Tennis Courts _ '" 16,000 Total Operations _ "- 49,000 Total Receipts __L,20065,000 4,200) - 65,000 Expenditures: N. Market Pk, Play Area Terrell Mill Pk. Imprs. 3,000 1,200 (3,000) -- Mercer Pk. Softball Fields -- (1,200) -- -- City Pk. Tennis Courts _ _ _- 16,000 Total Expenditures4,200 4,200) 49,000 -- Ending Balance 65,000 G97 CITY OF IOWA CITY CAPITAL PROJECTS FUND RECEIPTS AND EXPENDITURES BUDGET ORIGINAL REVISIONS FY87 FY88 FY87 CIP NEW PROJECTS BUDGET BUDGET -----$--------------$--------------$--------------$---- Pollution Control Prolects Beginning Balance -- 28,305,971 Receipts: Revenue Bonds: Wastewater Treatment Fac. -- 30,765,158 30,765,158 -- Operations: Sewer System Rehab -- 56,112 56,112 -- G.O. Bonds: Highwayl/I-80 Sewer -- 13,603 13,603 -- Interest Income: Wastewater Treatment Fac. - 1,600,000 1,600,000 822,000 Total Receipts -- 32,434,873 32,434,873 822,000 Expenditures: Wastewater Treatment Fac. -- 4,059,187 4,059,187 28,321,214 Sewer System Rehab -- 56,112 56,112 -- Highway 1/I-80 Sewer 13,603 13,603 -- Total Expenditures -- 4,128,902 4,128,902 28,321,214 j Ending Balance 28,305,971 806,757 G 97 CITY OF IOWA CITY CAPITAL PROJECTS FUND RECEIPTS AND EXPENDITURES BUDGET i ORIGINAL REVISIONS FY87 FY88 FY87 CIP NEW PROJECTS BUDGET BUDGET --- Bridge Prolects Beginning Balance 1,380) -- Receipts: G.O. Bonds: Camp Cardinal Rd. Bridge -- 7,829 7,829 -- Burlington St. Bridge -- 17,894 17,894 - Iowa Avenue Bridge -- 200 200 -- Benton St. Bridge 975,000 (547,227) 427,773 749,000 Bridge Decks: Gilbert, Dodge, Burlington 242,000 84,491 326,491 -- Bridge Deck -Woolf Ave. 6,976 (6,976) -- - Bridge Deck -Melrose Ave. 9,024 7,976 17,000 177,000 Brookside Dr./2nd Ave. Bridge 24,000 24,000) -- -- Total G.O. Bonds 1,257,000 459,813) 797,187 926,000 Federal Aid: Camp Cardinal Rd. Bridge -- 14,180 14,180 -- Burlington St. Bridge -- 364,426 364,426 - Benton St. Bridge 1,180,000 995,000) 185,000 1,150,000 Total Federal Aid 1,180,000 616,394) 563,606 1,150,000 Operations: Burlington St. Bridge -- 567 567 - Total Receipts 2,437,000 1,075,640) 1,361,360 2,076,000 Expenditures: Camp Cardinal Rd. Bridge -- 22,009 22,009 -- Burlington St. Bridge -- 382,887 382,887 - Benton St. Bridge 2,155,000 (1,542,227) 612,773 1,899,000 Bridge Decks: Dodge, Burlington, Gilbert 242,000 83,638 325,638 -- Bridge Deck -Woolf Ave. 6,976 (6,976) -- -- Bridge Deck -Melrose Ave. 9,024 7,449 16,473 177,000 Brookside Dr./2nd Ave. Bridges 24,000 (24,000) - Iowa Ave. Bridge - 200 200 - Total Expenditures 2,437,000 1,077 020) 1,359,980 2,076,000 Ending Balance - - G 97 CITY OF IOWA CITY CAPITAL PROJECTS FUND RECEIPTS AND EXPENDITURES BUDGET ORIGINAL REVISIONS FY87 FY88 FY87 CIP NEW PROJECTS BUDGET BUDGET - $-- ----------$-- ------ ----$--------------$---- Parking Improvements Beginning Balance 93,059 - Receipts: Operations: Dubuque St. Ramp -- 38,866 38,866 -- Capitol St. Ramp - 96,500 96,500 96,500 Total Operations - 135,366 135,366 96,500 Total Receipts -- 135,366 135,366 96,500 Expenditures: Dubuque St. Ramp -- 131,925 131,925 -- Capitol St. Ramp - 96,500 96,500 96,500 Total Expenditures - 228,425 228,425 96,500 Ending Balance 497 CITY OF IOWA CITY PROJECTS RECEIPTSPITAL AND EXPENDITURESNBUDGET Streets Projects Beginning Balance Receipts: G.O. Bonds: Spruce St. Storm Sewer Benton St. Culvert Replacement Orchard/Benton Storm Sewer -Phase I Orchard/Benton Storm Sewer -Phase II Orchard/Benton Storm Sewer -Phase III Heartland RR -1st Avenue Heartland RR -Dubuque/ Clinton CRANDIC RR -Waterfront/ Highland/Riverside RR Crossing Improvements Dubuque St.: Iowa to Park Rd. Clinton Street Old Dubuque Road Scott Blvd. Paving Hwy. 1/Sunset Signals Benton/Mormon Trek Signals City Plaza Lights Replacement Foster Road R -O -W Clinton/Market Signals RR Signals: Kirkwood/ Maiden Lane RR Signals: Kirkwood/ Gilbert Ct. ORIGINAL REVISIONS -FY87 CIP NEW PROJECTS FY87 FY88 $-------------$__--____--BUDGEi BUDGET 69,472) 10,000 26,500 40,100 26,000 10,500 24,000 30,145 FY88 Sidewalk Assessment ExtrWidth Burlington/Summitg 4 200 Signals = Total G.O. Bonds 192,445 1,392 1,392 40,608 50,608 9,500 22,000 14,500 (26,126) 374 10,000 (39,535) 565 8,660 8,660 47,200 47,200 449,250 449,250 57 189,400 57 189,400 - 1,197 (9,528) 27,197 717,003 972 _ (11,240) 12,760 _ 41,677 30,145 47,677 " 23,500 2,000 2,000 (4,200) 42,740 21,000 694,812887,257 843,243 697 _1 ORIGINAL REVISIONS FY87 FY88 FY87 CIP NEW -PROJECTS---- BUDGET BUDGET (Streets Projects, Continued) 533 -- State Aid: (19,600) Heartland RR -1st Ave. 52,800 Heartland RR -Dubuque/ -- 36,000 Clinton 85,800 Scott Blvd. Paving _ RR Signals: Kirkwood/ 11,300 -- Maiden Lane _ RR Signals: Kirkwood/ 4,000 Gilbert Ct. _ Hwy. 6 Signals Inter- 4,600 connection _ Hwy. 1/Sunset Signals 10,500 Total State Aid 149,100 Contributions: 516,580 Heartland RR -1st Ave. 10,200 Heartland RR -Dubuque/ Clinton 19,600 RR Crossing Improvements - RR Signals: Kirkwood/ Maiden Lane _ RR SIgnals: Kirkwood/ Gilbert Ct. --- Total Contributions 29,800 Special Assessment: FY87 Alley Paving 64,000 Park Rd. Storm Sewer - Friendship St. Drainage -- FY88 Sidewalk Assessment Total Special Assessments 64,000 Federal Aid: Dubuque St.: Iowa to Park Road Operations: Benton St. Culvert Replacement -- Foster Rd. R -O -W -- Blackhawk Mini -Park -- West Side Walkways 2,000 Curb Cuts Installation 2,043 Extra Width Sidewalk -- Extra Width Paving N. Dubuque St. Sidewalks -- Hwy. 6 Signals Inter- connection Total Operations 4,043 (52,800) 533 -- (85,800) (19,600) -- -- 355,800 -' -- 36,000 '- -- 36,000 ' 90,500 800 11,300 -- 137,800) 11,300 518,300 (10,200) 533 -- 7 (19,600) 7 7 -- 66,200 66,200 -- -- -- 2,000 -- - 2,000 36,400 66,200 4,000 66,000 130,000 -- 4,600 4,600 133,050 5,400 5,400 39,600 -' - 516,580 76,000 140,000 689,230 893,750 893,750 533 533 -- 7 7 -- 7 7 -- (2,000) (2,043) -- 1,173 4,800 4,800 4,800 ' 4,400 603 603 -- -- - 118,260 1,907 5,950 128,633 G97 -I _I G97 ORIGINAL ____NEW FY87 FY88 REVISIONS BUDGET PRgi, Cm ---------- BUDGS------- ____--- _FY87_CIP (Streets Projects, Continued) 5,000 CDBG:9 Curb Cuts Installation 9,557 135,400 557) 10,000 145,400 Blackhawk Mini -Park - Benton St. Culvert 73,500 (73,500) '" Replacement 145,0 Orchard/Benton Storm Sewer -Phase II057) 145,400 1_ 50,000 Total CDBG 218,457 — Road Use Tax: Hwy. 6 Signals Inter- 17,000 connection Benton/Sunset Signals _� -- —� __ 43,000 Total Road Use Tax _� 1,492,012 2,149,857 21376,406 Total Receipts 6 G97 ORIGINAL REVISIONS FY87 CIP_____NEW PROJECTS FY87 FY88 (Streets Projects, Continued) -BUDGET BUDGET ----- - Expenditure s. West Side Walkways 8,660 Hwy. 1/Sunset Signals Benton /Mormon Trek 2,000 21,000 Signals Burlington/Summit Signals 9 24'000 Scott Blvd, paving 21,000 Curb Cut Installation 26,600 FY87 Alley Paving 11,600 Heartland RR -1st qve, 64,000 Heartland RR -Dubuque/ 89,500 Clinton RR Crossing Improvements 145,500 CRANDIC RR -Waterfront, Highland, Riverside Extra Width Paving City Plaza Lights _ 4,200 Replacement Blackhawk Mini-Park30,145 Benton St Cul 135,400 Replacement vert Orchard/Benton Storm 83,500 Sewer -Phase I Orchard/Benton Storm Sewer -Phase II _ Orchard/Benton Storm Sewer -Phase III Park Road Storm Sewer _ Friendship St. Drainage _ RR Signals-Kirkwood/Gilbert RR Signals-Kirkwood/Maiden Ln. Benton -Sunset Signals _ Clinton/Market Signals FY88 Sidewalk Assessment Extra Width Sidewalk Spruce DuS buqueSt.t. SIowa totorm ParkRd. Clinton Street Old Dubuque Road N. Dubuque St. Sidewalk Foster Road R -O -W _-- Hwy• 6 Signals Inter- connection Total Expenditures 657,845 Ending Balance -� (2,000) (8,728) (11,240) 219 (11,600) 61,441 (89,500) (145,500) 113,400 12,272 12,760 21,000 26,219 125,441 113,400 8,660 (4,200) 8,660 10,118 30,145 145,518 (76,409) 7,091 4,022 5,400 4,800 1,392 1,343,000 57 170,932 518 47,758 4,022 5,400 4,800 1,392 1,343,000 57 170,932 518 47,758 2,0- 80,385 1,072,803 6,173 4,400 9,500 22,000 159,500 10,000 133,050 39,600 40,000 40,000 26,000 23,500 559,320 4,800 225,760 2,3- 7 697 -I CITY OF IOWA CITY CAPITAL PROJECTS FUND RECEIPTS AND EXPENDITURES BUDGET ORIGINAL REVISIONS FY87 FY88 FY87 CIP NEW PROJECTS BUDGET BUDGET $--------------$-------------- ---- Other Projects Beginning Balance 4,229) 3,368,841 Receipts: G.O. Bonds: Airport Master Plan 771,478 771,478 -- Aircraft Hangars & Shop -- 12,394 12,394 -- City Park Pool Renovation -- 707,847 707,847 -- Mercer Park Indoor Pool -- 2,979,994 2,979,994 -- Total G.O. Bonds - 4,471,713 4,471,713 -- Operations: Ralston Creek Bank Improvements -- -- 700 Landfill Lift Station 226,810 226,810 - Police Computer Acquisition -- 21 21 -- Coralville Mill Dam Study - 8,000 8,000 -- Transit Facility - 16,344 16,344 -- FY87 Bus Acquisition - 3,981 3,981 79,500 Addition to Cemetery Bldg. -- -- -- 12,000 Recreation Ctr. Roof Repairs - -- -- 15,000 Total Operations - 255,156 255,156 107,200 Federal Aid: Transit Facility - 69,087 69,087 -- FY84 Bus Acquisition -- 498 498 FY87 Bus Acquisition -- 255,000 255,000 318,000 Total Federal Aid -- 324,585 324,585 318,000 CDBG: Napoleon Park Restrooms 26,860 (26,860) -- -- Ralston Creek Bank Improvements - -- -- 11,770 Total CDBG 26,860 26,860) - 11,770 Federal Revenue Sharing: Civic Ctr. Addition 16,003 16,003 -- Contributions: Mercer Park Indoor Pool -- - 500,000 697 (Other Projects, Continued) State Aid: Napoleon Park Restrooms Ralston Creek Bank Improvements FY87 Bus Acquisition Total State Aid Total Receipts ORIGINAL REVISIONS FY87 CIP NEW PROJECTS FY87 FY88 $--------------$----------BUDGET BUDGET ------------ 25,000 (25,000) 25,000 - 51,860 Expenditures: Napoleon Park Restrooms 51,860 Airport Master Plan Aircraft Hangars & Shop Landfill Lift Station Coralville Mill Dam Study City Park Pool Renovation Mercer Park Indoor Pool Transit Facility FY87 Bus Acquisition _ Civic Center Addition _ Ralston Ck. Bank Improvements - Addition to Cemetery Bldg, _ Recreation Ctr. Roof Repair Total Expenditures -� Ending Balance 63,750 38,750 5,0,347 (51,860) 771,478 12,394 226,810 8,000 54,800 264,200 81,721 322,731 16,003 1,706,27 63,750 12,500 63,750 12,500 5,131,207 949,470 771,478 12,394 226,810 8,000 54,800 264,200 81,721 322,731 16,003 1,758,137 3,368,841 653,047 3,215,794 397,500 24,970 12,000 _15,000 4,3- 1 497 i _-7 I City of Iowa City MEMORANDUM DATE: May 5, 1987 TO: City Council FROM: Rosemary Vitosh, Finance Director RE: Capital Projects Fund Budget for FY87 and FY88 A notice of public hearing on the Capital Projects Fund Budget will be published in the Iowa City Press -Citizen on May 7, 1987, with a public hearing set for May 12, 1987, at the regular Council meeting. The Capital Projects Fund Budget will be reviewed by Council at their informal meeting on May 11, 1987. The attached schedules show the expected cash flow for the Capital Projects Fund for both FY87 and FY88. The projects planned for FY87 in the Capital Improvements Program, FY87-91 are the basis for the annual budget. Revisions are made to the CIP to adjust it to the projects actually in progress or scheduled to begin. The projects that will be in progress during FY88 plus the projects for FY88 in the Capital Improvements Program, FY88-92 make up the FY88 Budget. A budget for FY88 is being set up before the start of that year in order to make it easier to monitor the capital projects. 07 I RESOLUTION NO. 87-100 RESOLUTION AUTHORIZING THE FILING OF A PROGRAM DESCRIPTION FOR 1987 RENTAL REHABILITATION GRANT FUNDS IN THE AMOUNT OF $93,000 UNDER SECTION 17 OF THE UNITED STATES HOUSING ACT OF 1937, INCLUDING ALL UNDERSTANDINGS AND CERTI- FICATIONS CONTAINED THEREIN, AND DESIGNATING THE CITY MANAGER AS AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. WHEREAS, the City of Iowa City, Iowa, is eligible to receive formula grants for rental rehabilitation under Section 17 of the United States Housing Act of 1937; and WHEREAS, $93,000 in Rental Rehabilitation Grant funds have been allocated to the City of Iowa City for federal fiscal year 1987; and WHEREAS, a Program Description has been developed so as to fulfill the primary objectives and intent of the Rental Rehabilitation Grant Program; and WHEREAS, the City of Iowa City has provided residents of the community with opportu- nities to comment on said Program Description. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager of Iowa City be and is hereby authorized and directed to: I. File with the U.S. Department of Housing and Urban Development a Program De- scription for 1987 Rental Rehabilitation Grant funds under Section 17 of the United States Housing Act of 1937. 2. Provide all necessary information, understandings, and certifications required by the U.S. Department of Housing and Urban Development in connection with said Program Description. 3. Act as chief executive officer in connection with said Program Description and to conduct and administer a rental rehabilitation program in conformance with the requirements of the U.S. Department of Housing and Urban Development. It was moved by Zuber and seconded b tion be adopted, anc upon ro ca there were: Y Dickson the Resol u - AYES: NAYS: ABSENT: X X AMBRISCO BAKER — X COURTNEY �- DICKSON X MCDONALD X_ X STRAIT ZUBER Passed and approved this 12th of Mnv 1987. f , ATTEST:TTI C IT •CLERK —"_`- �1 51� G 9 �1 P PROGRAM DESCRIPTION: RENTAL REHABILITATION GRANT PROGRAM CITY OF IOWA CITY MAY 1987 0? _.T SCRIPTION: TION GRANT PROGRAM submitted by: ma City, Iowa 987 499 _1 OMB APG,mal No. 0348-0006 NSN 7540-01-008-11162 434-103 STANDARD FORM 424 PAGE I (Res 4-11 PREVIOUS EDITION P r¢nbvd by DAIS Cimala• 4-101 IS NOT USABLE 41 FEDERAL ASSISTANCE 2 CANT'S aNUMBEP NUMBER 7. �PP� a APPLI- CATION N.A. CATION IDENTI. N. A. 1. TYPE OF ❑ NOTICE OF INTENT (OPTIONAL) IDENTI. FIER FIER p, GATE b. DATE SUBMISSION (Mark aP• ❑ PREAPPLICATION Yn, month da Y NOTC TO BE ASSIGNED ASSIGNED Ym, menh do y du)nalr ® APPLICATION 19 BY STATE 19 Leave Blank A. LEGAL APPLICANT/RECIPIENT S. EMPLOYER IDENTIFICATION NUMBER (EIN) •App11Cen1Nen" Gity of Iowa City 42-600-4805 b. Oryseasoon Um 6. C. SbNUP.O. Box '410 E. Washington Street GRAM aNUMBEfl L1 14 I'12 13101 CIL Orly 'Iowa City e'Cminn Johnson 1. State -Iowa 9.2Ip code• 52240 ffmm CFDA) MULTIPLE ❑ b.TITIE Rental Rehabilitat h. CMW Paren(Nam, A Tekyhon, No) .Marianne Milkman (319/356-5244) Grants a7. TITLE OF APPLICANTS PROJECT (UN season IV of dee loom m provide a Hemwy deupoon of the B. TYPE OF APPLICANT/RECIPIENT A-eYe i Yowt.) 1987 Rental Rehabilitation Program. a-bn+nma.ow+ c--fs v--co++.waee�Mw B^an/eI Romer byet/i/: See attached description. Enrrr oyymy,Yate kite, ❑ B. AREA OF PROJECT IMPACT (Names o/dna ore.o= lov= rte) 10. ESTIMATED NUMBER 11. TYPE OF ASSISTANCE OF PERSONS BENEFITING_ Bee Iowa City 50,508 yN a G4°"ED G 17. PROPOSED FUNDING /7. CONGRESSIONAL DISTRICTS OF: 14. TYPE OF APPLICATION AJI� o�4wnm a�.se"en & FEDERAL Is 93.nnn.00 a APPLICANT Third b. PROJECT Thi rd a - -- J � B+wsA,A•tvI Mnr A❑ b. APPLICANT .00 17. TYPE OF ORANGE lye, Ik r )4) A Cows ,- IsperrJ,k a STATE .D0 16. PROJECT START I& PROJECT DURATION e-oe�D+ev �''� N. A. DATE Yeor mond dor d. LOCAL .W E� s. OTHER .00 9 AAandn ar"oromery) 18, DATE DUE TO Y., month day I. TOW S 93,000 ,00 1 FEDERAL AGENCY t9 87 6 I 19. FEDERAL AGENCY TO RECEIVE REQUEST Dept. of Housing Urban Development 20.DENTNFICATIER and NUMBER is ORGANIZATIONAL UNIT (IF APPROPRIATE) B. ADMINISTRATIVE CONTACT (IF KNOWN) Melodee Humbert R -89 -MC -19-0203 Q ADDRESS 21. REMARKS ADDED Braiker/Brandeis Building, 210 S. 16th Street Omaha, NE 68102 El Yes Na 22. Tams Nat of my Wlo"I" al" ONM, a YES. TH15 NOTICE OF INTEN /PREA PLICA I N/APPLICATION WAS MADE AVAILABLE TO THE STATE t 4 THE W" in 0w preappiuBon/application EXECUTIVE ORDER 12772 PROCESS FOR REVIEW ON: APPLICANT w bud am Oonaot d" tlocTmlant 1W DATE CERTIFIES ben ddy BW+avad by tln OP,a•tan9 - THAT► body of 11" applicant arld d" app9cant 13 ter "M Wn"verW"Affad:d uevurcN b.:TEROGRAM IS NOT COVERED BY E0. 12372 Y If the aewlenn Is appmea OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW ❑ 23. & TYPED NAME AND TITLE b. SIGNATURE Stephen J. Atkins p REPRECERTIFYING SENTATIVE CitManager 24. APPLICA- Ya, momh day 25. FEDERAL APPLICATION IDENTIFICATION NUMBER 25. FEDERAL GRANT IDENTIFICATION TION RECEIVED 19 21, ACTION TAKEN 211. FUNDING Yes, .oath day Yeor momh date STARTING ❑ a AWARDED O b. REJECTED 29. ACTION DATE► 19 DATE 19 FOR ADDITIONAL INFORMA. 32. Yea, dor, iTION O O. RETURNED FOR a FEDERAL S .00 31. CONTACT (Namr and hkpAon, numbr,l mowh ENDING B. APPLICANT ,00 3 AMENDMENT DATE IB a. STATE .00 33. REMARKS ADDED D d. RETURNED FOR B.O12372 51DN o. LOCAL .00 u g . BY APPLICANTNTTO TO x STATE a. OTHER .00 ❑ a. DEFERRED 0 1, WITHDRAWN ❑ ❑ I. TOTAL S .00 Yea No NSN 7540-01-008-11162 434-103 STANDARD FORM 424 PAGE I (Res 4-11 PREVIOUS EDITION P r¢nbvd by DAIS Cimala• 4-101 IS NOT USABLE 41 1987 RENTAL REHABILITATION PROGRAM CITY OF IOWA CITY, IOWA I. PROGRAM ACTIVITIES The City of Iowa City proposes to continue a rental rehabilitation program using $93,000 allocated under Section 17 of the United States Housing Act of 1937, along with twelve Section 8 Housing Vouchers which are to be made available for this program. The City's objectives for conducting the rental rehabilitation program include: a. Encouraging rehabilitation of rental properties in neighborhoods that currently offer housing for lower income residents. b. Making the rehabilitation of such properties economically feasible. c. Using Rental Rehabilitation Grant funds to leverage private invest- ment in target neighborhoods. d. Expanding the City's housing rehabilitation program beyond its traditional emphasis on owner -occupied housing. Through this program, the City expects to provide rehabilitation financing for at least twenty rental units located in small (1-11 unit) properties. Properties with more than 11 units are eligible for the program, but preference will be given to properties with 1-11 units. Assistance will be limited to 50 percent of eligible rehabilitation costs, up to $5,000 per unit. All units will be required to meet the minimum standards of the Iowa City Housing Code upon completion of rehabilitation. The minimum level of rehabilitation will be $600 per unit and based on actual Housing Code deficiencies determined by the City. Section 8 Housing Vouchers will be used by the City to: a) assist lower income families residing in units to be rehabilitated, b) assist lower income families who must move from the units being rehabilitated, and c) assist lower income families who move into the rehabilitated units. II. NEIGHBORHOOD SELECTION Target neighborhoods for the rental rehabilitation program have been formally designated by the Iowa City Council (see Exhibit A). The following criteria, verified through census and other available data, were considered in selecting target neighborhoods: a. Median Income - The median income of the target neighborhoods must not exceed 80 percent of the median income for the Iowa City MSA. b. Lower Income Persons - The target neighborhoods must have a majority (51 percent or more) of lower income residents. G?9 c, Rent Affordability - Information obtained for a rental housing survey conducted by the City in 1984 indicates that the older neighborhoods in Iowa City (those targeted for rental rehabilita- tion) contain a variety of rental units that offer rents affordable to lower income families, i, e.; comparing actual rents to HUD's Fair Market Rents for the area, In addition to insuring that target he City has seected neighborhoods thaoffer are ustable ch fondatermsyof ilit,tnew construction lwhich tends to increase overall rents in a neighborhood, III. LOWER INCOME BENEFIT The City proposes to set its lower income benefit at 70 percent in order to minimize the displacement of tenants in projects to be rehabilitated. Project selection criteria presently stipulate that at least 70 percent Of the units in a project must be occupied by lower income families, as defined by HUD, upon completion of the rehabilitation, The City will verify the income of all tenants, and Section 8 Housing Vouchers will be made available to those who are eligible to receive them, IV. USF na oCurn Under the terms of the City's rental rehabilitation program guidelines, the administering staff will be charged with verifying and insuring that at least 70 percent of all rehabilitated units contain two or more bedrooms. In addition, at least 15 percent of the City's Rehabilitation Grants will specifically be allocated to units of Rental or more bedrooms. three The City's project selection criteria stipulate that a preference will be given to accepting proposals to rehabilitate units containing two or more bedrooms, These criteria and the program's terms with and conditions further stipulate that the owner of a project must comply program hts regard to non-diiscr mination dagainst familiesH the Iowa CityHwith chuman ildre0rdinance with V. USE OF RENTAL REHABILITATION rnaure In, ,.. The City's project selection criteria stipulate that a priority will be given to rehabilitating projects containing substandard conditions that are occupied by very low-income families, as defined by HUO, before rehabilitation, The condition and occupancy of all units will be verified by the City prior to the acceptance of a project proposal, VI. SELECTION OF PROPOSALS The City has conducted an extensive marketing campaign to solicit rental rehabilitation proposals and currently has a backlog of eligible applications. As necessary, the City will continue marketing efforts to include advertisements, public meetings, contact with local realty and rental owner groups, and direct, personal contact with rental property owners. Similar to the way in which the City's owner -occupied housing rehabilitation program is conducted, proposals will be considered on a first come, first served" basis as long as funds are available. 6479 3 The standards by which proposals will be selected include the follow- ing: a. Project location - The project must be located in a designated target neighborhood. b. Lower income occupancy - At least 70 percent of units in a project must be occupied by lower income families upon completion of the rehabilitation. c. Housing for families - A preference will be given to accepting proposals to rehabilitate units containing two or more bedrooms so that at least 70% of the City's grant is used to rehabilitate units of two or more bedrooms, and 15% of the City's grant is used to rehabilitate units of three or more bedrooms. d. Very low-income occupancy - A priority will be given to rehabili- tating projects occupied by very low-income families. e. Substandard conditions - The units to be rehabilitated must contain one or more substandard conditions as determined by the Iowa City Housing Code and require at least $600 per unit to remedy the i substandard conditions. On the other hand, the City will not fund more than 50 percent of the rehabilitation costs, up to b5,000 per unit, through the rental rehabilitation program. f. Maintenance and operation - Each proposal must demonstrate that the rental units can be adequately maintained and operated given proposed after -rehabilitation rents. VII. FINANCIAL FEASIBILITY The City will require the submission of a project pro forma as part of each proposal to show that the project can be accomplished within the limits of the rental rehabilitation program. A letter of commitment for the non-federal portion of the rehabilitation costs will be required prior to the approval of an application. VIII. NEIGHBORHOOD PRESERVATION The rental rehabilitation program is consistent with the City's Community Development Plan and Housing Assistance Plan. It will impact those neighborhoods which the City desires to preserve by upgrading a minimum of seven rental housing units. I%. SCHEDULE FOR COMMITTING RENTAL REHABILITATION GRANT FUNDS Assuminga obligate atprleast 50T of starting itst rentalulrehabilitatione City expects to for specific projects by February 1, 1988, and 100% of thoseafunds nt u bysJune 30, 1988. (See Exhibit B.) Of X. NON-DISCRIMINATION AND EQUAL OPPORTUNITY The City's rental rehabilitation program will be conducted and admini- stered in a manner consistent with HUD requirements at 24 CFR 511.10(m). The City has developed and adopted an affirmative marketing plan that conforms with the requirements of 24 CFR 511.10(m)(2). The plan will be implemented during all project selection and later phases. The City will require compliance with the conditions of its affirmative marketing plan by means of an agreement with the rental property owner that will be applicable for a period of seven years from the date of completion of the rehabilitation, XI. GRANTEE'S ORGANIZATIONAL STRUCTURE The Rental Rehabilitation Program will be administered by the City's Department of Planning and Program Development. The local program contact is: Marianne Milkman, CDBG Program Coordinator 410 East Washington Street Iowa City, Iowa 52240 Telephone: (319) 356-5244 XII. PHA PARTICIPATION Under the provisions of Iowa law, the City of Iowa City functions as the local housing authority, operating a Section 8 existing housing program and public housing. Therefore, participation in the rental allocated afornthisgram is assured. program will be administeredtwelve bySection Cit 8 Vouchers contact person is: Y. The PHA Lyle G. Seydel, Housing Coordinator 410 East Washington Street Iowa City, Iowa 52240 Telephone: (319) 356-5138 4900 _.7 EXHIBIT A IOWA CITY RENTAL REHABILITATION TARGET NEIGHBORHOODS Expanded Areas Of -I IMPLEMENTATION SCHEDULE FOR 1987 RENTAL REHABILITATION PROGRAM July -Sept. Oct. -Dec. Activity Marketing Project Selection -Applications & screening -Inspections & deficiencies write-up -Owner/tenant eligibility determinations -Financial feasibility determination Obligate 50% Grant Funds Project Monitoring -Rehab. work progress & payments -Tenant assistance Obligate 100% Grant Funds Project Completion EXHIBIT B Jan. -March April -June L_______________________ ------ J RENTAL REHABILITATION PROGRAM CERTIFICATIONS The grantee certifies that: (1) (2) (3) (4) (5) The submission of this Program Description is authorized under State and local law (as applicable), and the grantee possesses the legal authority to carry out the Rental Rehabilitation Program described herein, in accordance with 24 CFR Part 511; The grantee's Rental Rehabilitation Program was developed after consultation with the public and its description of program activities in the *Program Activities" section of this Program Description has been made available to the public; 277 (Check if this paragraph is applicable.) The graas ntee's lower income benefit standard is hereby reduced to 70 percent fveis 24 gra5riiThediscussion 1owerncomebeneitinPromDescrpton'conainsaSpecific explanation of the reasons why this reduced benefit standard is necessary, which explanation complies with 24 CFR 511.10(a)(2). The grantee has adopted a written tenant assistance to the requirements of 24 CFR 511.10(h)(2), and such policy made available to the Policy conforming Public on request; P Y will he The grantee will Program, and, if administer their the requirements (5) The grantee will Program, and, if administer their the requirements conduct and administer its Rental Rehabilitation applicable, ensure that State recipients conduct and Rental Rehabilitation Programs, in conformity with Of 24 LFR 511.10(m); and conduct and administer its Rental Rehabilitation applicable, ensure that State recipients conduct and Rental Rehabilitation Programs, in accordance with of 24 CFR Part 511. M _.-f RESOLUTION NO. 87-102 RESOLUTION AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS AND RECEIPT OF BIDS TO PURCHASE CERTAIN LAND FOR PRIVATE REDEVEL- OPMENT, KNOWN AS PARCELS A-2 AND A-3 LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY; AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH ACTIONS. WHEREAS, the City of Iowa City is empowered under Chapter 403 of the Code of Iowa (1985) to engage in the sale or transfer of land acquired and cleared by it for private redevelopment, and WHEREAS, the City of Iowa City wishes to offer for private redevelopment certain parcels of land known as Parcels A-2 and A-3 located in the Lower Ralston Creek area of Iowa City. NOW, .THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Manager or his designee is hereby authorized and di- rected to solicit offers to purchase Redevelopment Parcels A-2 and A-3, located in the Lower Ralston Creek Area of Iowa City, as shown on the map attached hereto. 2. That the City Clerk is hereby authorized and directed to publish notice as required by law of the aforementioned solicitation of offers to purchase said Parcels A-2 and A-3 for private redevelopment. 3. That offers to purchase said parcels A-2 and A-3 are to be received at the Office of the City Clerk, Iowa City Civic Center, until 1:30 PM on the 15th day of June, 1987, and thereafter publicly opened by the City Manager or his designee. It was moved by Zuber and seconded by Dickson the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO _x BAKER COURTNEY X DICKSON X MCDONALD _ X STRAIT X ZUBER Passed and approved this 12th day of Nhiv 1987. r Recolvevti 3 Approval BY s level Joa -f nnnP BURLINGTON 0 in U) N II N O L- = COURT ST. � I " O POST z Y OFFICE W ®= HARRISON I • ST. I I IY (� W ! W z 5�� _ EHF 4~ a ' z IFPRENTISSd ST, mI =m z CO J Z = B u73 w U�� 4 C7 i i I l W � - W z O ~ II a BENTON A-1 II, ST LEGEND County Admin. Art LOWER RALSTON CREEK Build. NEIGHBORHOOD REVITALIZATION PROJECT } project boundary t MV.CAVIO,T,. W OO,LOCK NUMIEG 3 KIRKW I I,r.CLOSED soTRAFFIC O�� I � REDEVELOPMENT PARCELS: � .. LA -1, A-2, etc. CIaI• TY OF IOWA CITY SCl®awn (12) cEvissoi•••••. ,7o9 --7 __7 RESOLUTION NO. 87-103 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH YOUTH HOMES, INC., FOR THE USE OF 1987 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) TO (1) ACQUIRE AND REHABILITATE A STRUCTURE TO ACCOMMODATE THEIR GIRLS GROUP HOME, AND (2) TO ASSIST IN REMODELING THE EMERGENCY SHELTER FOR YOUTH LOCATED AT 524 RONALDS STREET. WHEREAS, the City is a recipient of Community DevelopmentBlock Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Develop- ment (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and I WHEREAS, Youth Homes, Inc. operates an emergency shelter for troubled Youth, and a group home for abused, neglected and emotionally disturbed girls and an independent living program, and needs new and improved fa- cilities for its activities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign andthe City Clerk to attest an agreement with Youth Homes, Inc. to acquire and rehabilitate a structure to accommodate the girls group home, and to remodel the emer- gency shelter for youth located at 524 Ronalds Street. Said agreement is I attached to this resolution and is incorporated by this reference herein. It was moved by the Resolution be adopte , an upon roll dcall secondedebwere Zuber AYES: NAYS: ABSENT: x _x AMBRISCO _x BAKER _X COURTNEY DICKSON X MCDONALD x X STRAIT ZUBER Passed and approved this 1256_ day of M1 `( --�_, 1987. I 1 I MA Yy I ATTEST: / I CLERK Reaofvcd 3 r4*xh A%i§ Dy The IaCcl D'aactrr.Qn} C/7 I�7_ 1710 Exhibit A-1 PROMISSORY NOTE $12,500 Date: FOR VALUE RECEIVED, the undersigned promises to pay to the order of the City of Iowa City (hereinafter referred to as the"City") in 120 equal monthly installments the principal sum of Twelve Thousand Five Hundred Dollars ($12,500). There is no interest charge on said principal balance. The first payment, of $104.17, shall be due on January 1, 1988, and a like amount shall be due on the first day of each month thereafter until the indebtedness is paid in full. All payments shall be in lawful money of the United States of America and shall be made at the principal office of the Iowa State Bank and Trust Com- pany, 102 S. Clinton Street, Iowa City, Iowa 52240, or at such other place as the City may designate in writing. The undersigned reserve(s) the right to prepay at any time all or any part of the principal amount of this Note without the payment of penalties or premi- ums. In the event that a payment has not been received by the Iowa State Bank within ten days after it is due, a 5% late interest payment charge will be assessed on each overdue payment. In 3 h Note when due, and if undersigned efailure is cpaany ontinuingn onalthendateytheament next tins stallment payment under this Note becomes due and payable, the unpaid princi- becomeal amount due andthis payables attogether option ofaccrued the Clate ity, payment without c nohartice oto hall the undersigned. Failure of the City to exercise such option shall not consti- tute a waiver of such default. No default shall exist by a reason of non- payment of any required installment of principal as long as the amount of any amountaof the arequiredments alins allments.made puIf pursuanthereto is hNote equals or exceeds the to judgment, such judgment shall bear the statutory interest rate on judgments. If suit is instituted by the City to recover on this Note, the undersigned agree(s) to pay all costs of such collection, including reasonable attorney's fees and court costs. This Note is secured by a mortgage, duly filed for record in the Johnson County Courthouse. Demand, protest and notice of demand and protect are hereby waived, and the undersigned hereby waives to the extent authorized by law all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. IN WITNESS WHEREOF, this Note has been duly executed by the undersigned, as of its date. Da te YOUTH HOMES, INC. py ;T TE-S, � Property Address: 524 Ronalds Street Iowa City, IA 52240 Alto Exhibit A-2 PROMISSORY NOTE $37,500 Date: FOR VALUE RECEIVED, the undersigned promises to pay to the order of the City of Iowa City (hereinafter referred to as the "City") in 120 equal monthly installments the principal sum of Thirty -Seven Thousand Five Hundred Dollars ($37,500). There is no interest charge on said principal balance. The first payment, of $312.50, shall be due on January 1, 1988, and a like amount shall be due on the first day of each month thereafter until the indebtedness is paid in full. All payments shall be in lawful money of the United States of America and shall be made at the principal office of the Iowa State Bank and Trust Com- pany, 102 S. Clinton Street, Iowa City, Iowa 52240, or at such other place as the City may designate in writing. The undersigned reserve(s) the right to prepay at any time all or any part of the principal amount of this Note without the payment of penalties or premi- ums. In the event that a payment has not been received by the Iowa State Bank within ten days after it is due, a 5% late interest payment charge will be assessed on each overdue payment. In the event the undersigned fails to pay any installment payment on this Note when due, and if such failure is continuing on the date the next in- stallment payment under this Note becomes due and payable, the unpaid princi- pal amount of this Note, together with accrued late payment charges, shall become due and payable, at the option of the City, without notice to the undersigned. Failure of the City to exercise such option shall not consti- tute a waiver of such default. No default shall exist by a reason of non- payment of any required installment of principal as long as the amount of any optional prepayments already made pursuant hereto equals or exceeds the amount of the required installments. If this Note is reduced to judgment, such judgment shall bear the statutory interest rate on judgments. If suit is instituted by the City to recover on this Note, the undersigned agree(s) to pay all costs of such collection, including reasonable attorney's fees and court costs. This Note is secured by a mortgage, duly filed for record in the Johnson County Courthouse. Demand, protest and notice of demand and protect are hereby waived, and the undersigned hereby waives to the extent authorized by law all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. IN WITNESS WHEREOF, this Note has been duly executed by the undersigned, as of its date. YOUTH HOMES, INC. By: Is Property Address: Iowa City, IA 52240 Toes nt74 neeCL I�lltlfy\dr�l, __T STANDARD CDBG CONTRACT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND YOUTH HOMES, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into this Jnd, day of , 198 , by and between the City of Iowa City, a municipal rporation (herein re- ferred to as "City"), and Youth Homes, Inc. (herein referred to as "Agency"); WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, Youth Homes, Inc. operates an emergency shelter for troubled youth, a group home for abused, neglected and emotionally disturbed girls, and an independent program. WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in 1. rehabilitating the Youth Homes Emergency Shelter located at 524 Ronalds Street and, 2, acquiring and rehabilitating a structure to house a girls' group home. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART I I. PURPOSE AND SCOPE OF SERVICES: A. 1. The Agency shall: a. Rehabilitate the emergency shelter located at 524 Ronalds Street in compliance with all applicable state and local building codes. b. Acquire, and to the extent necessary, rehabilitate a struc- ture in the City to serve as a girls' group home. The ac- quired structure shall be located within the corporate boundaries of Iowa Cit and shall conform to the City's zoning requirements. (Activities under "a" and "b" shall hereinafter be referred to as "the Projects"). 2. The Agency shall provide an emergency shelter for youth and a girls' group home for a minimum period of ten (10) years from December 30, 1987. B. Development of architectural designs, as needed, for both projects shall be the responsibility of the Agency, subject to written concur- rence by the City. 110 _T 2 C. The City shall provide technical assistance regarding bidding proce- dures and awarding of contracts. All procedures shall be carried out in accordance with HUD standards, and shall be monitored by the City. D. Upon completion, both facilities shall comply with all applicable state and local building codes and shall be used solely for the purpose of providing emergency shelter for youth at 524 Ronalds Street and providing a girls' group home at the newly acquired prop- erty. II. TIME OF PERFORMANCE: The Agency shall perform according to the following schedule: Program Element Deadline 1. Execute Contract for the Project with City May 15, 1987 2. Execute contract for rehabilitation 524 Ronalds Street June 1, 1987 3. Acquire and execute rehab, contract for girls' home August 1, 1987 4. Complete Projects November 1, 1987 3. Facilities in operation following Project Completion December 30, 1987 through December 30, 1997 This schedule is subject to change by mutual agreement of both parties in writing. III. PROPOSED PROJECT BUDGET: A. Emergency Shelter Rehabilitation E 25,000 B. Girls' Group Home Acquisition and Rehabilitation $ 75,000 TOTAL $100,000 If the Agency's request for special exceptions relating to the acquisi- tion and rehabilitation of property at 19 Evans Street is not approved the to Iowa the group oard homef acquisition, shall be nullustmentthe parts of hiand grement void, but relat- ing the remainder of this Agreement shall remain in full force and effect. IV. COMPENSATION AND METHOD OF PAYMENT: The City shall pay and the Agency agrees to accept in full no more than $100,000 (one hundred thousand dollars) for performance under this Agreement, as follows: 7/D i 3 A. Twenty-five thousand dollars ($25,000) of said amount shall be paid for the rehabilitation of 524 Ronalds Street. The balance of the $75,000 shall be available when the City has completed an environ- mental review (in accordance with 24 CFR Part 58) of the property to be acquired and has received approval from HUD to release the funds. B. Partial payment shall be made upon receipt of invoices for architec- tural services rendered. C. Further payments shall be made upon presentation of (i) architect's Certificates for Payment for applicable construction materials and supplies purchased or billed from the contractor for progress pay- ments for project work completed, and (ii) executed lien waivers covering all amounts to be paid. D. The Project shall not be considered complete until after receipt of lien waivers covering all work and materials installed, and the Agency's certification that all work has been completed to its satisfaction. V. TERNS AND CONDITIONS: A. The City shall have no responsibility or liability for the mainte- nance, operation or program funding for the Agency. B. Until at least December 30, 1997, the Agency shall, in a manner satisfactory to the City, fulfill its stated purpose and provide continued service. C. During the period of this Agreement, effective as of the start of the project, the Agency shall, at its own expense, procure and maintain all-risk property damage and liability insurance. Property damage coverage shall not be less than the current market value of the property. Liability coverage which shall include contractual insur- ance as well as comprehensive form insurance, and which shall provide coverages of not less than $300,000 bodily injury per person, $500,000 bodily injury per occurrence, and $50,000 property damage. Proof of insurance shall be shown to the City by furnishing a copy of the certificate of insurance issued by an insurance company licensed to do business in the State of Iowa. The certificate of insurance shall include a statement guaranteeing that the insurance company shall notify the CDBG Coordinator within 30 days of the lapse of said policy. D. One-half of the amount paid hereunder shall be a no interest repay- able loan, and one-half shall be a conditional grant, both of which shall be secured by mortgages on the properties, using Iowa State Bar Association form of Real Estate Mortgage - Iowa. 1. The loan amounts shall be evidenced by a promissory note in the form of such note attached hereto as Exhibit "A-1" and "A-2," and repaid in 120 equal monthly installments, commencing January 1, 1988. 1/0 -I 4 2. The conditional grant amounts shall be forgiven in 120 equal monthly installments, commencing January 1, 1988. E. The Agency shall not sell, assign or transfer any legal or equitable interest in either property at any time prior to December 30, 1997, without written concurrence of the City. In the event that, prior to December 30, 1997, the Agency elects to sell or otherwise transfer legal or equitable interest in either property the agency shall pay to the City the outstanding balances of the loan and grant relating to the property sold or, if the Agency discontinues its program, the agency shall pay to the City the outstanding amount of the loans and conditional grants. If the Agency fully complies with its obliga- tions hereunder, on January 1, 1998, the liens against both proper- ties will be released. F. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through December 31, 1997. PART II I. PERFORMANCE AND REPORTING: _I A. The Agency shall direct all notices, reports, insurance policies, and other communications related to or required by this Agreement to the office of the Iowa City Community Development Block Grant Program Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. B. Until the completion of the Project and expenditure of all COBB funds disbursed under this Agreement, the Agency shall submit monthly P reports describing progress of the project activities by the fif- teenth day of each month. C. Not later than December 30, 1987, the Agency shall provide the City i with a certified statement of the expenditure of funds disbursed iunder this Agreement. D. Following completion of the Project, the Agency shall submit annual reports by the first day of September of each contract year. The annual report shall, at a minimum, include statistics pertaining to the number and place of residence of clients served at the Agency's facility and a sumnary accounting of the Agency's fiscal status. E. For projects involving $25,000 or more, an audit report which meets the specifications set forth in OMB Circular A-128, "Audits of State and Local Governments," and which discloses the expenditure of CDBG funds allocated for this Project, shall be submitted by April 30, 1988. F. No reporting requirements shall extend beyond December 31, 1997. 7!D II. OTHER REPORTS, AUDITS AND INSPECTIONS: A. The Agency shall promptly furnish the City or HUD with such state- ments, records, data and information as the City or HUD may reasona- bly request pertaining to this Agreement. B. During the term of this Agreement, any time during normal business hours, the Agency shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. C. The Agency shall retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this Agreement for a period of three (3) years from the termi- nation of this Agreement. III. CONTRACTING AND PROCUREMENT STANDARDS: The dards)gOfrOMBtCirocularB- A110�aand OMB Circularrcur A-128, enA-22(P(CostePrincipals for Non -Profit Organizations), shall apply to the use of funds disbursed under this Agreement. The City has provided the Agency with, and the Agency hereby acknowledges receipt of, copies of said OMB Circulars. IV. NON-DISCRIMINATION: No person shall be excluded from or denied the benefits of the Agency's service on the basis of age, race, color, religion (creed), national origin, sex, marital status, handicap or sexual orientation. All cur- rent and prospective project beneficiaries must, however, be persons in need of the programs provided by the Agency. V. EgUAL EMPLOYMENT OPPORTUNITY: The Agency certifies that it is an "Equal Opportunity Employer" and that it Chapter will 601Ap1(Statewith Civil Rights)r 18 (Hofathe mIowa) Code, of thanI e a bT app cadee regulations of the U.S. Department of Hous ng and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, the Agency shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. VI. ENVIRONMENTAL ASSESSMENT AND HISTORIC PRESERVATION: The Agency shall assist the City in complying with 'all applicable envi- ronmental assessment and historic preservation requirements of HUD and the State Historic Preservation Officer of Iowa. 710 i VII. LEAD-BASED PAINT POISONING PREVENTION: The Agency shall comply with requirements of Section 302 of the Lead - Based Paint Poisoning Prevention Act and HUD regulations thereunder (24 CFR Part 570) insofar as they apply to the performance of this Agree- ment. VIII. TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in a timely and proper manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default, or defaults, are remedied t within such grace period. In the event of such termination, the Agency shall promptly repay to the City the full contract amount of $100,000, or the portion of such amount which has been paid to the Agency prior to such termination. IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: c A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this i Agreement, or to any benefit to arise herefrom. } B. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the i review, approval or carrying out of the Project to which this Agree- ment pertains, shall have any private interest, direct or indirect, in this contract. j X. INTEREST OF THE AGENCY: i The Agency covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services to be undertaken through this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such an interest shall be employed by the Agency. XI. ASSIGNABILITY: The Agency shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 740 __T XII. HOLD HARMLESS PROVISION: The Agency shall indemnify Officers, employees and agents defend fron all liability,loss,the City, its and resulting from (including reasonable attorney's Y' 1°ss Performance of or incurred b Y s fees cost, damage this q Y reason of an and court costs XIII. Agreement. Y actions based upon the LIMiTenn.,..._ _. The Cit UF RELATIONSHIP: pletionyofhorl not be liable to the Agency, the project.failure to complete animovements nY Party, for shoo Project the Cit Nothing Contained in this which are partofshall be deemed Y' the Agency or an Agreement, nor any act or persons or Construed by any of the Oyer, agent of the is - parties to create any relationship of third -party or by any third Pal and agent, limited or general partnership any association Party beneficiary, prjnci- or relationship involvingP, or joint venture IN WITNESS WHEREOF, the parties the City. , or of —�� day of hereto have executed this Agreement on this 198 9 CITY OF IOWA CITY IOWq w ayor ATTEST: it Clerk f YODTH HOMES, INC. C BY: Execu ive Direc or ATTEST: ACKNOWLEDGEMENT State of Iowa Johnson County ) SS; On this 12th undersigned, a Notary Pub �c ht' and Marian in an or sai S a e 19 BY before me sworn did sa K. Karr, to me personally knownsona appeared me, munic{pa) corporation that they are the Mayor and Cit yy 9 b me seal affixed poration executingY per been Y Tiny' hereto is the seaope within and foregoingrinstrumenty' °f said its City Council of said said municipal corporation that the McDonald and Marian K. Karr acknowledged rporation porat at by authority of be the voluntary 9 the municipal corporation that the said them voluntarily act and deed of said of said instrument oto Y executed, municipal corporation, by it and by ogryt�n an L c_ °r o nson oun Y, owa vu + 7/0 0 On this 'D day of �f Notary po6Ti'c in and or ' 19A2, before me, the undersigned, a s e Sae o Ioaarsonally appeared and andng a� u y sworn, i say is iey are theo me personally nown, who, foregoing in rumenJ; a respectivel t� �� 2. Y, of the corporation executing the eal has been procured by) sl�aled) on behalf thecorporation; dation; that the instrument was signed d that Lv� fC y authority of its Board of Directors• execution of the nstrument o ben the � untary act and de acknowledged the tion and of the fiduciary, by it, by them and as the fiduciary theof corpora- .. "executed/rc in nc a a e o owa -710 `I K RESOLUTION N0, 87_104 RESOLUTION AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY AND BUSINESS DEVELOPMENT, INC, (BDI) FOR FINANCING HEINZ ROAD CON- STRUCTION AND A LETTER OF UNDERSTANDING WITH BDI's LENDERS. WHEREAS, it is the City's interest to promote economic development activities to promote growth and economic well-being of its citizens; and WHEREAS, in order to make additional land available for i in the City's primary ! financing costs of construction Of the Cit immediate development I fully borne b Heinz Road y is willing o assist BDI in y BDI as part of the development of property; would normally be WHEREAS, the City has a y; and 1 of Iowa Department a applied for and is expected to receive from the State I 40% of the cost of constructing (IDOT) RISE funds to be used to finance and g portions of Scott Boulevard and Heinz Road; WHEREAS, BDI does not presently have sufficient funds to a Of the cost of constructing Heinz Road, but the Cit portion of that amount in order to allow completion s willing all of its share time; and o �s willing o advance s Heinz Road at this WHEREAS, local banks have advanced significant sums to BDI for land purchase and development costs (including special assessments by mortgages on BDI land, i ), which sums are secured NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT; 1 I. An Agreement for Financing Un- derstanding relating Fi g Heinz Road Construction and a hereby approved as to form andthe Asubstance, reement which are attached LetterOf are 2• The Mayor is hereby authorized and directed to sign the Of Understanding between the City, BDI, Hawkeye State Bank attached Bank & Trust Company, and the First National Bank. Letter Iowa State 3• The Mayor is hereby authorized and directed to sign, to attest the Agreement for Financing Heinz Road Construction, which may be delivered upon receipt of the fully executed Letter of Understanding. It was moved by ted uber and seconded b P and upon roll call there were: the Resolution be ado 7// -t 2 AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney —� Dickson X McDonald X Strait Zuber Passed and approved this 12th day of May 1987. YR ATTEST: /!f?cCLER� CITY K AGREEMENT FOR FINANCING HEINZ ROAD CONSTRUCTION THIS AGREEMENT is entered into by and between BUSINESS DEVELOPMENT, INC., a Chapter 504 corporation (hereinafter "BDI") and the CITY OF IOWA CITY, IOWA, a municipal corporation (hereinafter the "City"), an the following terms and conditions, to wit: I. In Iowa City, streets are normally installed by developers, at their cost for 28 -foot paving, as part of development of property. Although the affected land is not presently being developed, in order to make additional land available for immediate development in the City's pri- mary industrial area, the City is willing to assist BDI in financing costs of construction of Heinz Road, which costs would normally be borne fully by BDI. 2. The City has applied for and is expected to receive from the State of Iowa Department of Transportation (IDOT) RISE funds to be used to fi- nance 40 percent of the cost of constructing portions of Scott Boulevard and Heinz Road. The land for the Heinz Road extension is owned by DDI 3. The estimated cost of constructing Heinz Road from its present terminus to Scott Boulevard is $268,530, of which the IDOT-RISE 40 percent share is $107,412, and the local/BDI 60 percent share is $161,118. BDI does not have sufficient funds to pay all of its share of that cost, but the City is willing to advance up to a $95,000 in order to allow completion of Heinz Road at this time. 7// -2- 4. The parties agree to the following with respect to funding the BDI portion of Heinz Road construction costs: a. Initial BDI payment, to be made upon signing of RISE Agreement by City and IDOT $ 35,295 b. Payment to be made by November 1, 1987, or start of Heinz Road construction, whichever occurs first 30,823 Total 1987 Payments by BDI $ 66,295 Maximum balance to be financed by City $ 95,000 Total estimated BDI share of construction costs $161,118 BDI shall repay to the City the $95,000 advance, or such lesser amount as may be advanced for Heinz Road construction costs, plus the financing costs the City incurs on bonds it issues to obtain funds to cover the balance financed for BDI hereunder. The financing costs shall equal the interest which will accrue on the amount advanced over the life of the City's bonds (the "1987 Bonds"). (For example, if the 1987 Bonds are sold in November, 1987 at a 6-1/2% interest rate, with a ten year matur- ity, the total due from BDI on a $95,000 advance would equal $132,150 ($95,000 plus $37,150 financing costs)). The amount advanced, plus financing costs, shall hereinafter be referred to as the "BDI Loan." O'/ call _.I 5. The BDI Loan shall be secured by a mortgage on all property owned by BDI (except Lot 2, BDI 4th Addition), in a form approved by the City's Legal Department. The City's mortgage shall be subordinated to the mortgage or mortgages on the 80I property on the date hereof (securing indebtedness in the amount of $420,000.00) and to future mortgages securing loans made to BDI for payment of special assessments (excluding interest and penalties) whether outstanding on the date of this Agree- ment, or charged against all or portions of the property after the date hereof. 6. Repayment of the BDI Loan shall be in accordance with the following schedule: a. The City shall receive 15% of the "net sales price" of all BDI lots (except Lot 2, BDI 4th Addition) sold between the date of signing of this Agreement and either December 1, 1991, or until the BDI Loan has been repaid to the City, whichever is earlier. For purposes of this Agreement, "net sales price" shall mean the gross sale price for each lot, less transfer tax and professional fees incurred in connection with sale of the property in question, and less special assessments attributable to each lot sold. The term "special assessments attributable to each lot sold" means the total of unpaid installments (excluding interest and penalties) of Special assessments outstanding on the date of this Agreement, plus the principal amount of any assessments charged to the lot after the date of this Agreement. 7// b. Repayments received by the City prior to December I, 1991, shall be applied to reduce the outstanding balance of the BDI Loan. c. The City shall maintain in its financial records a separate account entitled the BDI Loan Fund. The Fund will be established when the 1987 Bonds are issued and will remain in existence until all those bonds have matured and all principal and interest payments on those bonds have been paid in full. The following transactions will be accounted for in the Fund: 1) All debt service payments (principal and interest) paid by the City on the bond issue. i 2) All repayments on the BDI Loan received from BDI. i 3) As long as any 1987 Bond is outstanding, a monthly entry will be I made to the Fund to account for interest income lost by the City (when the Fund balance is a deficit) or earned interest income (when the Fund balance is positive). The interest income lost or earned shall be computed using the actual monthly interest rate as earned by the City's Investment Pool, and the month-end balance of the BDI Loan Fund. 7// -5- 4) Any positive balance which remains in the BDI Loan Fund, when the 1987 Bonds have matured and all principal and interest payments on the Bonds have been paid in full, will be returned to BDI. BDI shall not be liable for any negative balance. d. Beginning on December 1, 1991, BDI will make equal annual payments to the City to repay the remaining balance of the BDI Loan on a four-year repayment schedule. For example, assume that the BDI Loan equals $132,150, and repayments of $4,500 are made prior to December 1, 1991. The then remaining balance of $127,650 ($132,150 minus $4,500) would be repaid in equal annual payments of $31,912.50 ($127,650 divided by 4) over a period of four years. All payments and other communications under this Agreement will be made i to the City at 410 E. Washington Street, Iowa City, Iowa 52240 (Attn: Finance Director), or at such other place as the City may designate, in writing. 7. In consideration of the City's agreements hereunder, BDI agrees that it will promptly prepare and file for approval with the City a subdivision plat for the balance of its property, showing the location of Heinz Road, and otherwise meeting the requirements of Iowa Code (1985) Chapter 409, and Iowa City's subdivision regulations. As part of that process, the parties will execute an agreement allocating the portion of special assessments on BDI property which is to be dedicated for public use. In 7// -6- addition, 6- addition, the parties agree that the City will rescind Resolution No. 84-213 by which the City Council approved a subdivision plat denominated "B.O.I. Fifth Addition," which plat has not been filed for record in the Johnson County Recorder's Office. 8. In the event the City does not enter into an agreement with IDOT for RISE funds, this Agreement shall be null and void. I 9. In the event BDI fails to make in a timely manner either the initial Ipayment of ;35,295, or the $30,823 payment due later in 1987, the City shall have the right to terminate this Agreement after ten days notice i 1 of default, and may also terminate any contract it may have entered into I� for construction of Heinz Road. In case of termination, BDI shall be I liable to the City for any out-of-pocket costs and cancellation charges or penalties the City may incur in terminating the construction con- tract. Any money paid to the City which is not used to meet the City's I costs shall be refunded to BDI. Notice to BDI hereunder shall be di- rected to: Mr. John Kreiger, President Hawkeye state Bank 229 S. Dubuque Street Iowa City, Iowa 52240 or such other place as BDI may designate, in writing. IN/ -I erm -I 10. This Agreement shall be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the I QP� day of May, 1987. CITY OF IOWA CITY, IOWA A5101jr By: Attest: Jt�) inn/ Atte City Clerk STATE OF IOWA ) SS: JOHNSON COUNTY ) BUSINESS DEVELOPMENT, INC. On this 12th day of 'Nia19 87 , before me, Gina O'Donnell , a Notary Publc i� and' foiFe State of Iowa, persona y who, beingff �by7me dulysworn, d ay thattheyeMayorCity nbrisco and Marian 'are to thapersonally nClerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 87-104 adopted by the City Council on the 12th day of plX n 58 1 and that William J. Ambrisco and Marian . Karr ac now e g e execution of the instrument to be their voluntary act and deed and the voluntdry act and deed of the corpo- ration, by it voluntarily executed. 'lr.tir/r i� l Xrir asci Notary Public in and for the a S(— tate of Iowa P. ik'�jAVAA By T%• t;.'7.t i �aamenl U-11 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) I On this i$ day of May, 1987, before me, a Notary public, n and for the State of Iowa, personally appeared Thomas T. Hoogerwerf and 0 i say to me personally known, who, being by me u sworn t'thatey are the president and Secretary, respectively, of the corporation executing the foregoing instrument; that the seal affixed thereto is the seal the corporation; that the instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and the said Thomas T. Hoagerwerf and the execution of the instrumeToe�tneovo un ar acknowledged corporation by it voluntarily executed, y ac an deed of the Notary publ tc to and for the State'of Iowa 7// CITY CIVIC CENTER OF 410 E. WASHNGTON ST May 12, 1987 Mr. John Kreiger, President Hawkeye State Bank 229 S. Dubuque Street Iowa City, Iowa 52240 OWA IOWA CITY. IOWA 52240 Re: Letter of Understanding - BDI/Heinz Road Financing Dear Mr. Kreiger: CITY (319) 356-5020 As you know, the City is seeking IDOT-RISE funds to finance 40% of the cost of improving Scott Boulevard and extending Heinz Road. The balance of the Heinz Road construction cost is the responsibility of Business Development, Inc. (BDI). The City will finance up to $95,000 of BDI's share of the cost of paving Heinz Road from its present terminus to Scott Boulevard, pursuant to an Agreement with BDI which, among other things, requires that BDI repay the advance and certain financing costs related to Issuance of bonds by the City, by paying to the City 15% of the net sale price of lots (except Lot 2, BDI 4th Addition). The indebtedness (the "BDI Loan") is to be secured by a mortgage on the remaining BDI property. We are aware that your bank, First National Bank, and the Iowa State Bank 8 Trust Company (collectively, the "Banks") currently hold BDI notes, or other evidences of indebtedness, in face amount of $420,000, secured by one or more mortgages on the BDI property and that the Banks may, in the future, advance additional aniounts to BDI to be used for payment of spe- cial assessments (including interest) on BDI land. We also understand the Banks may be entitled to the entire net proceeds of lot sales. However, as an inducement to the City to enter into the foregoing arrange- ment with BDI, and because the construction of Heinz Road will enhance the value of their security, the Banks agree that until the BDI Loan is re- paid, the City will be entitled to receive those payments described in the Agreement with BDI, specifically including payments of $66,295 in 1987 and 15% of the net sales price of BDI lots (as defined in the City/BDI Agree- ment for Financing Heinz Road Construction). 7// Mr. John Kreiger May 12, 1987 Page 2 The City's mortgage on BOI property will be subordinated only to the Banks' existing liens and liens securing future advances to pay special assessments. In the event of foreclosure, the Banks would have a prior and superior position with respect to those amounts. If the foregoing accurately reflects everyone's understanding of the arrangement, please have five copies of this letter signed by a responsi- ble officer of each Bank and 801, and return to me. A fully executed copy of this letter will be delivered to each of you. Sincerely yours, oWilftiimJ. Amilt'r sco Mayor bj2/9 The foregoing reflects our understanding. HAWKEYE STATE BANK FIRST NATIONAL BANK OF IOWA CITY By: By: ICY President 1q5 Y¢ep.-maart Date: May 15, 1987 BUSINESS DEVELOPMENT, INC By: Thomas T. Hoogerwerf, President Date Date s 9 IOWA STATE BANK E T CO. Its Vic Pr sident Date 5-15-87 711 City Of IOWA City MEMORANDUM _ Date: May 8, 1987 To: City Council From: Patt Cain, Economic Development Coordinator �� Re: Proposed Agreement with BDI for the Construction of Hines Road as Part of the City's RISE Project i The agreement between the City and BDI is conceptually the same as the previous o� agreement has expanded toCouncil spellpOut more However �theemet cage in the dlingedhe loan repayme l and t ons e City -s lien position. These havefor hnot defined in the initial version of the agreementy were not as specifically The other addition in the packet is the Letter of Understanding with the local banks. This is intended to document the banks' cooperation and concurrence with the provisions of the City's agreement with BDI. I i ct5/8 i I i RESOLUTION NO. 87-10S -I RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN AGREEMENT FOR RISE FUNDING OF THE LOCAL ROAD/SCOTT BOULEVARD/HEINZ ROAD CORRIDOR PROJECT. WHEREAS, the City Council of the City of Iowa City has programmed the comple- tion of Scott Boulevard in the City's Capital Improvement Program; and WHEREAS, the State of Iowa has created the Revitalize Iowa's Sound Economy (RISE) fund for the purpose of promoting economic development in Iowa through the establishment, construction, improvement and maintenance of dedicated public roads and streets; and WHEREAS, the City Council of the City of Iowa City and the Johnson County Board of Supervisors have endorsed the concept of the Local Road/Scott Boule- vard/Heinz Road corridor project, and have agreed in principle to jointly participate with the State of Iowa to finance and construct said improve- ments; and WHEREAS, Iowa DOT has agreed to make RISE funds available for the construc- tion of improvements in the Local Road/Scott Boulevard/Heinz Road corridor project upon execution by the City and the County of an Agreement For RISE Funding prepared by the Iowa DOT. NOV, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Agreement for RISE Funding attached hereto and made a part hereof is hereby approved as to form and content; 2. That the Mayor is hereby authorized to execute and the City Clerk to attest the said Agreement For RISE Funding; and 3. That the City Clerk is directed to file said Agreement with the Secretary of State and the Johnson County Recorder as required by Chapter 28E, Code of Iowa. It was moved by Zuber and seconded by Dickson the Resolution be adopted, and upon ro call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Courtney X Dickson X McDonald X Strait X Zuber Passed and approved this 12th day of May 1987. NM ORAL" ATTEST: C� J Ived Approved c n-. �. al Deparrmonl SAAFP IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR RISE FUNDING CITY: Iowa City COUNTY: Johnson PROJECT NO.: RMX-3715(1)--9E-52 AGREEMENT NO.: 87-R-025 WHEREAS, the Seventy-first General Assembly of the State of Iowa did enact during the 1985 session Senate File 565 which amended 312.2 and added Chapter 315 to the Code of Iowa 1985• WHEREAS Section , Chapter 315, Code of , and i Sound Economy (RISE) Fund Iowa he ose Of created the Revitalize Iowa's development in Iowa through the Purestablishment improvement and maintenance Promoting economic streets; and Of dedicated ' construction, public roads and WHEREAS, Section 315.5, Code of Iowa 1985 designates the Iowa De of Transportation (DEPARTMENT) as the administrator fund; and Department Of the RISE WHEREAS, the DEPARTMENT has adopted Administrative rules 820 106,01 Chap- ter ha - ter 4 pursuant to Section 315.10 and Chapter 17A, Code of Iowa 1985; and WHEREAS, the City of Iowa City, Iowa, (CITY) and Johnson Count wish to increase the attractiveness of the ODI Industrial Park; and y (COUNTY) WHEREAS, this can be most readily accomplished if certain necessary trans- andtation improvements are provided by the CITY and the COUNTY; WHEREAS, the CITY and the COUNTY have submitted a candidate RISE program funding to have in financing the necessary portation improvements; and Project for WHEREAS Y trans- , the DEPARTMENT on November 4, 1986, by authority tion Commission Order No. PR -87-259 has selected the project as being eligible for RISE fundin of Transporta- tion 9; and pursuant to Chapter 28E and Section 306A.7, Code of Iowa the CITY, the COUNTY and the DEPARTMENT may enter 1985, into an agree- ment for joint or cooperative action after appropriate ordinance, resolution or other action 9ree- bodies involved. Pursuant to law of the NOW, THEREFORE, DE IT AGREED: governing I. The CITY shall be the lead local governmental agency the provisions of this Agreement. 9 y for carrying out 71 �t, 2. The CITY shall develop the following described RISE projects, as shown in Exhibit A: A. The reconstruction of Iowa 979 (old Iowa 1, now known as Local Road) from the East Corporate Limits of Iowa City east approxi- mately 1.7 miles to the I-80 Interchange using a 24 foot wide p.c.c. pavement 10 inches thick with 8 foot wide granular shoul- ders. The reconstruction of Scott Boulevard from Court Street north approximately 0.9 miles to Rochester Avenue using a 31 foot back -of -curb to back -of -curb p.c.c. pavement 8 inches thick. C. The paving of Heinz Road from its present terminus east approxi- mately 0.3 miles to Scott Boulevard using a 28 foot wide p.c.c. pavement 8 inches thick. The COUNTY agrees to design, acquire right-of-way for, and construct that portion of the project described in subparagraph A above, pursu- ant to the schedule shown in Exhibit C. The CITY agrees to design, acquire right-of-way for, and construct those portions of the project described in subparagraphs B and C above, pursuant to the schedule shown in Exhibit C. 3. Eligible project costs, incurred after the date of final signature on this Agreement shall be paid from CITY and COUNTY RISE funds and other funds as listed below: CITY RISE Funds (Grant): $ 463,174 COUNTY RISE Funds (Grant): 983,368 Local Funds: 1 022 551 Project Total: $2,469,093 4. The portion of the total project costs paid by CITY RISE funds (grant) shall not exceed the amount stated above ($463,174) or 18.8 percent of the total cost of the RISE eligible items, whichever is the smaller amount. The portion of the total project costs paid by COUNTY RISE funds (grant) shall not exceed the amount stated above ($983,368) or 39.8 percent of the total cost of the RISE eligible items, whichever is the smaller amount. Standard agreement provisions, including lists of eligible and ineli- gible project activities are described in Exhibit B and are hereby made a part of this Agreement. Where differences exist between the main body of the Agreement and the standard provisions as listed in Exhibit B, the main body shall prevail. The CITY and COUNTY shall initiate project activities in a timely manner. The proposed timetable for project development is shown herein. If construction of the project has not commenced by the date shown in the timetable, this Agreement is null and void and the com- mitment for RISE funding is revoked. The CITY or COUNTY may request the approval of the OEPARTMENT to revise the beginning of construction -1 e dates for their respective portions of the project. The request must be in writing and be submitted thirty (30) days prior to the date shown in the timetable (see Exhibit C attached). 8. The RISE funds stated in Section 3 above will not be disbursed to the CITY 979fromisuch time as an DEPARTMENT to agreement xe uited byurdicton ofltowa he DEPARTMENT and the COUNTY. 9. The DEPARTMENT reserves the right to audit project activities and claims for RISE funding reimbursement for substantial compliance with plans, specifications, contract documents, Iowa Code, CITY and COUNTY ordinances and the terms of this Agreement. If the CITY and COUNTY are found to be in non-compliance, the DEPARTMENT may revoke funding commitments and/or, seek repayment of RISE funds loaned or granted through charges against the CITY's and COUNTY's Road Use Tax Funds. 10. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such judgment shall not affect the validit part thereof not found mtotbesinvalidlor a woe unconstitutionr anal Provision, or 11. This Agreement may be executed in three counterparts, each of which so executed shall be deemed to be an original and both shall constitute but one and the same instrument. 12. This Agreement as set forth in paragraphs 1 through 12 herein (inclu- sive) represents the entire Agreement between the CITY, the COUNTY and the DEPARTMENT. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed addendum to this Agreement. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 87-R-025 as of the date shown opposite its signature below. City of Iowa City; 19 87 AadLApprovadonl S S/8,7 7 I ao _..T I, Marian K. Karr , certify that I am the Clerk of the CITY, and that William J. Ambrisco , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 12th day of May 19 87 Signed o �,� K. City Jerk of Iowa City, Iowa Date May 12 19 87 County f Johns 8y' h 19 Title: I, certify that I am the Auditor of the COUNTY, and that _ ibn Sehr , who signed said Agreement for and on behalf of the COUNTY was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the COUNTY on the 2_ day of M� , 19—, Signed !fes l Johnson County ALPor Dates 19� Iowa Dep"t of Transportation I 8y' 1o,67 +ystemsE d rbe g, p, , ngineer Office of Local Systems i -ML I CITY wqn, I UOWA_._ I— ' Swj: 1•' -_2000__ 6 go A I norm ,--1 L mrsSCCTIM 0240 I - Local Road reconstruction phase L� win ntsr orwal — == II . - i 12 eE� phase p - Scott Boulevard construction s�r. 1`•, litL4 INGr0NiI PE. IrLII I Q••II'i•' < 117 'K [A�. TINE � �\18\:, • • MIS!3 PFQre, ,.. �,.. PROJECTS LOCATION phase III Heinz Road constructan Z9 :i•-' ZS:�-I .. EXHIBIT A .71� i EXHIBIT B The CITY and COUNTY shall be responsible for development of their respective portions of the project. Before proceeding with their respective improvements, the CITY and COUNTY shall cause suitable surveys, plans and specifications for the proposed work to be prepared and filed in their respective offices, and the work shall be done in accordance therewith, except insofar as the same may be modified to meet unforeseen or better understood conditions, and no such modifica- tion shall be deemed an invalidating matter. The CITY and COUNTY shall each be responsible for obtaining any permits, such as right-of-way, utility, and/or construction permits required for their respective portions of the project. 2. The project plans, specifications and engineer's cost estimate shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The CITY and COUNTY shall submit the plans, specifications and other contract documents to the DEPARTMENT for review. This submittal may be in divisions and in order of pref- erence as determined by the CITY and COUNTY to meet the estimated time schedule for the project. The DEPARTMENT shall expeditiously review said submittal(s) recognizing the development schedule, and shall, after satisfactory review, authorize the CITY and COUNTY to proceed with implementation of the project. 3. The CITY and COUNTY shall conduct the project development and imple- mentation in compliance with applicable laws and ordinances. For portions of the project let to bid, the CITY and COUNTY shall adver- tise for bidders, hold a public letting, award contracts and provide adequate supervision of the work performed under contract. The CITY and COUNTY shall provide the DEPARTMENT file copies of contract docu- ments. 4. Alternatively, for projects where FAS, FAUS, or Farm -to -Market funds are used to match RISE funds, the CITY and COUNTY will follow con- tracting procedures which would normally be available when such funds are used on non -RISE projects. All other requirements for the use of such funds will be complied with. 5. The CITY and COUNTY may submit periodic itemized claims for reimburse- ment for eligible project activities to the DEPARTMENT. Reimbursement claims shall include certification by a professional engineer licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is requested have been completed in substan- tial compliance with project plans, specifications, the laws of Iowa and the ordinances of the CITY and COUNTY. The DEPARTMENT shall reimburse the CITY and COUNTY for properly docu- mented and certified claims for costs of eligible project activities, either by State warrant, or by crediting other accounts from which payment may have been initially made. 712m ._T 7. Upon completion of the project, a professional engineer licensed to practice in the State of Iowa shall certify on behalf of the CITY and COUNTY that the project activities were completed in substantial compliance with the plans and specifications before receiving final reimbursement by RISE funds. 8. The CITY agrees to indemnify and to hold the DEPARTMENT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, or inspection of Scott Boulevard and Heinz Road. The COUNTY agrees to indemnify and to hold the DEPARTMENT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, or inspection of Local Road. This Agreement to indemnify and hold harmless applies to all aspects of the DEPARTMENT's application review and approval process, plan and construction reviews, and fund- ing participation. It includes, but is not limited to, claims for acts and omissions for which the DEPARTMENT alone was or would be responsible. 9. Where more than one local agency is cooperating in a RISE joint ven- ture, those local agencies shall enter such agreements as necessary under Chapter 28E, Code of Iowa 1985, designating a lead agency with whom the DEPARTMENT shall deal in carrying out the provisions of this Agreement; and specifying whatever other provisions are necessary between the local agencies to carry out their respective obligations to each other. 10. Project activities or costs eligible for RISE funding in immediate opportunity and local development roadway projects include only the following: a. Roadway resurfacing, rehabilitation, modernization, upgrading, reconstruction or initial construction, including grading and drainage, paving, erosion control, pavement repairs and overlays, and shoulder widening and stabilization. b. Bridge and culvert repair, modernization, replacement or initial construction. c. Roadway intersection and interchange improvements including war- ranted traffic signalization when it is integral to the improve- ment. d. Right-of-way purchase. e. Construction or improvement of motorist rest areas, welcome cen- ters, and information centers. f. Design engineering costs and construction inspection costs associ- ated with RISE -financed projects. g. County and City bond principal and interest payments associated with RISE projects. No financing expenses incurred prior to funding commitment shall be eligible. 712 _._7 h. Storm drainage and storm sewer costs to the extent needed draining the roadway. for 11. Activities or costs ineligible for RISE funding in immediate opportu- nity or local development roadway projects, include but are not lim- ited to the following: a. Any and all costs incurred prior to a funding commitment by the Commission. b. Routine roadway, bridge and culvert maintenance, including pothole filling, crack sealing, seal coating, patching, shoulder mainte- nance, gravel or earth roadway maintenance, and bridge painting. C. Winter roadway and bridge maintenance, including snow plowing, sanding, and salting. jd. Overhead and operating costs associated with eligible project fl activities, including auditing. e. Expenses associated with the preparation and submission of appli- cations for RISE funding. f. Predesign engineering expenses. g. Traffic signalization, except as an integral part of a roadway project. h. Pavement marking and traffic signs, except as an integral part of a roadway project. i. Electric, water, natural gas, telephone and other utility con- struction, reconstruction or adjustment. j. Safety appurtenances, except as an integral part of a roadway project. k. Lighting, except as an integral part of a roadway project. i1. Lighting energy and maintenance costs. M. Sidewalks, bicycle paths, and railroad -highway crossings, except when replacing those facilities in service and affected by project, or as an integral part of a roadway project. the n. Parking expenditures, including those for structures, lots, me- ters, and marking. o. Non -roadway transportation expenditures, including those for railway, aviation, public transportation, and inland waterway facilities and equipment. P. Purchase of furnishings, construction equipment, and personal property. 711 _y q. General government expenses and expenses associated with the provision of any public service which are not eligible for RISE program assistance. r. Sanitary sewers. S. Water mains. 12. The CITY and COUNTY shall comply with all provisions of the equal employment opportunity requirements requiring affirmative action to assure equal b m�lo discrimination and prohirequired by the Iowa Civil Rights Act of 1965 and Imentowa EOpporiunitrdas er 15, dated October 11, 1967. The CITY and COUNTY or their contractors will use their best efforts to solicit bids from and to utilize minor- ity group contractors with meaningful ni.ids t ? septation among their employees. best efforts to insure onractorrhe andCITY subc ntayndractorYcowill ue pliancetwitir h Iowa Equal Employment Opportunity obligations. 13. In case of dispute concerning the terms of this Agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A (1985), Any Party has the right to submit the matter to arbitra- tion after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DEPARTMENT and the CITY and COUNTY agree to parties be bound by the decision of the appointed arbitrator. None of the exhaustion seek a remedy xhausti nofthe provisionwith softhis e paragraphState s for darbitrations absent 14. If any part of this Agreement is found to be void and unenforceable then the remaining provisions of this Agreement shall remain in ef- fect. 15. This Agreement is made under and shall be construed under the laws of the State of Iowa. 7/1 F. TIME SCHEDULE (Revised) ical Road/Scott Boulevard/Heinz Road Project Agreement transferring jurisdiction of Local Road from Iowa DOT to Johnson County approved by the Johnson County Board of Supervisors. Agreement for RISE funds executed. Commence design, engineering, ROW acquisition - Local Road. Design and construction documents finalized - Scott Boulevard, Heinz Road. Commence bid letting - Scott Boulevard, Heinz Road. Bids received and construction contracts awarded - Scott Boulevard, Heinz Road. Construction begins - Scott Boulevard, Heinz Road. Design and construction documents finalized - Local Road. Commence bid letting - Local Road. Bids received and construction contracts awarded - Local Road. Construction begins - Local Road. Construction completed - Scott Boulevard. Construction completed - Heinz Road. Construction completed - Local Road. EXHIBIT C 71X -1 y1p4t OY ,p�' n � CJgAY Of 5 I SECRETARY CF STnTr SmAa•,•:novti,e , j Ssemr•- oVIowa I D,•s JIo, � os 5031 f) i ( I-7LAINE BASTER ff SLORf•.y.\RY OF jJune 29, 1987 s15 -c' l-sso> i I i I Ii Marian K. Karr, CMC City Clerk City of Iowa City Civic Center, 410 E. Washington St. Iowa City, Iowa 52240 RE: Agreement between the City of Iowa City and the State of Iowa for Rise Funding of The Local Road/ Scott Boulevard/Heinz Road Corridor Project. Dear Ms. Karr: i We have received the above described agreement you submitted to this office for filing, provisions of which Chapter 28E, 1987 Code of Iowa pursuant to the you may consider the same filed as of June 26, 1989. I I Cordially, Elaine Baxtee r Secretary of State EB/kl 1 ]987 D MARIAN K. KARR CITY CLERK (3) RESOLUTION NO. RESOLUTION AUTHORIZING AND APPROVING AGREEMENT BETWEEN THE CITY AND BUSINESS DEVELOPMENT, INC. (BDI) FOR FINANCING HEINZ ROAD CONSTRUC- TION WHEREAS, it is the City's interest to promote eco omic development activities to promote growth and economic well-being of its itizens; and WHEREAS, in order to make additional land avail le for immediate development in the City's primary industrial area, the Ci is willing to assist BDI in financing costs of construction of Heinz Roa , which costs would normally be fully born by BDI as part of the developme of property; and WHEREAS, the ity has applied for and i expected to receive from the State of Iowa Departme of Transportation (I T) RISE funds to be used to finance 40% of the cost o onstructing porti ns of Scott Boulevard and Heinz Road; and WHEREAS, BDI does not presen y ha a sufficient funds to pay all Of its share of the cost of constructing He' z Road, but the City is willing to advance a portion of that amount in orde to allow completion of Heinz Road at this time. NOW, THEREFORE, BE IT RESOLV BY THE TY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The Agreement for Fi ncing Heinz R d Construction which is attached hereto is hereby app r ved as to form an substance. 2. The Mayor is hereb authorized and direct to sign, and the City Clerk to attest the Agr ement for Financing Heinz ad Construction. It was moved by and secon d by the Resolution be op an upon ro call there w e: YES: NAYS: ABSENT: Passed Ind approved this day of MAYOR ATTEST: CITY CLERK Ambri o Baker Courtney Dickson McDonald Strait Zuber 1987. Retir.i-csS & ippmvw.4 _�-- - " 7 7/OL AGREEMENT FOR FINANCING HEINZ ROAD CONSTRUCTION THIS AGREEMENT is entered into by and between BUSINESS DEVELOPMENT, INC., a Chapter 504 corporation (hereinafter •BDI-) and the City of Iowa City, Iowa, a municipal corporation (hereinafter the 'City), on the following terms and conditions, to wit: I• In Iowa City, streets are n molly Installed by developers, at their cost for 28 -foot Paving, as part of development of property. Although the affected land not presently being developed, in order to nake additional ]Intl available for immediate development in the City's pri- mary Indus ial area, the City is willing to assist 001 in financing costs construction of Heinz Road, which costs would normally be borne y by BDI. The City has applied for and is expected to receive from the State of Iowa Department\thcDst tion (1007) RISE funds to be used to fi- nance 40 percent f constructing portions of ScottBoulevard and Heinz Road, he Ileinz Road extension is owned by 001, 3• The estimated cost of constructing Hoinz Road from Its present terminus to Scott Boulevard is $268,530, of which the IOOT-RISE 40 percent share Is 3107,412, and the 10cal/801 60 percent share is $161,118. BDI does 7/•Z i .2 - not have sufficient funds to pay all of its share of that cost, but the city is willing to advance a portion of the amount in order to allow completion of Heinz Road at this time. 4. The parties agree to the fallowing with respect to funding the BDI portion of Heinz Road construction costs: a. Initial BDI Payment, to be ma a upon signing $35,295 of RISE Agreement by Cit;and IDOT b. Payment tobe made by November 1, 1987, or i start ofHeinz Road construction, whichever occurs first 31.000 /Total\lmaCity, by BDI $66,295 I Balance by City (the "BDI loan') $95,000 All payhis Agra ent will be made to the City at 410 E. Washingava City, I a 52240 (Attn: Economic Development Coordinasuch other Pla as the City may designate, in writing. 7/-Z -D- 5. The BDI Loan shall bear interest at a rate and in such amounts so as to equal the financing costs the City must pay on bonds it issues to obtain funds to cover the $95,000 being loaned to BDI hereunder (such bonds are tentatively scheduled to be Issued to November, 1987), and repayment shall be secured by a subordinated mortgage an/all property owned by 891 (except Lot 2, BDI 4th Addition), in a form approved by the City's Legal Department. i 6. Repayment of the BDI Loan shall be 1n accordance with the following schedule: a. The City sha�/l receive 15; of the "net sales price- of all BBI lots J \heISE BBI 4th Addition) sold between the date of signing of I I IS ment and either December 1, 1991, or until the princi- st cost of the 807loan have been repaid to the City, rlier. For purposes of this Agreement, 'net sales price' shall mean the gross sale price for eAc lot, less transfer tax end Professional fees Incurred in connection ith sale of the property 1n question, and less special assessments att ibutable to each lot sold. The term 'special assessments attributable to each lot sold' means the total of unpaid installmentsg (excludln Interest and penalties) o/ 71az. .. 1 -4- special assessments outstanding on the date of this Agreement, plus the principal amount of any assessments charged to the lot after this date. b. Beginning on December 1, 1991, BDI will make equal annual payments to the City to repay the remain/dt',on a four-year repayment schedule. (For example, if no 1ld prior to December 1, 1991, and the City's bonds re sold in November, 1987 at a 6.1/25 interest rate, for a n year maturity, the total due on the BDI Loan would equal S 2,150. On a four-year repayment schedule, BDI's X on December 1, 1991, would be in the amount of h the last such payment due December 1, 1994.) The lance is to be determined on or before December 1, qual annual payments shall be adjusted to reflect the In consideration of the Cit\requlre s hereunder, BOI agrees that it will promptly prepare and fval with the City a subdivision plat for the balance of ishowing the location of Heinz Road, and otherwise meetingents of Iowa Code (1985) Chapter 409, antl Iowa City's subdivion As part of that process, the parties will execute an agreement allocating the portion of special assessments on 001 property which 1s to be dedicated for public use. i .5 - _..T In the event the City does not enter Into an agreement with IDOT for RISE funds, this Agreement shall be null and void 9. This Agreement shall be binding upon the successors and assigns of the Parties hereto. IN WITNESS WHEREOF, the parties av of the day of Ha , 1987. caused this Agreement to be executed as \ CITY OF JO1W /CITY, IOWA �� BUSINESS OEVEtOPHENT, INC.Oy: Hayor\ By: Thomas T. Hoogerwerf, Pres dent Attest: Ity C er Attest: Secretary STAT OF IOWA ) 55: HHSOH COUNTY ) On this day of \ aPPeere a Diary u ca n and for 6e/ore me, who, beln am J' Ambrisco end Marta K. Karr, to to °{ Iowa, respectivelbY me duly sworn, did sey th the ar Personally knawn1-1 �nantlY foregoing Instrument is tthe Seal of ofCitY. Ipwe Y that the Hseel and City Clerk, was signetl antl sealed on behalf of thee cor ahe n to the Council, as contained in Resolution Ro Dora tfan, and that the instrument Council on the COrporatlonI by authority of its City Amhrltco and Nar ai n K, day of ed°pted by the City be their vo luntar Kerr ac now a ge the exeCuc;on7 of°t William i to ration. by 1t vol ptartil Id deed and the voluntar Y executed. Y act and deed of the corpo- Diary u c n an or e a c o Dwa 07/0z. My 07/0z. .6 - STATE OF IOWA ) ) SS:._`--` JOHNSON COUNTY On this day of May, 1987, bEfore me, a Notary Public, in and for �the 5 ate of Ta, personally appeared/Thomas T. Hoogerwerf and , to me personally known, who, being by me do�orn, did say tat eysayit�at tFey�are the Presidpht and Secretary, respectively, of the corporation executing the foregoing instrument; that the seal affixed thereto is the seal a corporation; thpt the instrument was signed and sealed on behalf of the orporation by pthority of its Board of Directors; and the said Thomas T. H gerwerf and acknowledged the execution of the instryman o e e vo un ary act and deed of the corporation by itlug ntari,Ty executed. \\7 Notary Public in and for the State of Iva ).V RESOLUTION NO. 87_106 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 1987 THROUGH JUNE 30, 1989, WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Police Labor Relations Organization of Iowa Cit their designated bargaining representatives, have fteg tiatedthe�a)tthrouh entative collective bargaining agreement to be effective July 1, 1987, through June 30, 1989, a copy of which Agreement is attached to this resolution and June this reference made a part hereof, and by WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: ) I. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. i It was moved by Zuber the Resolution be a op a an u on ro and seconded Dickson P call there were:e: AYES: NAYS: ABSENT: X X Ambrisco X Baker X Courtney Dickson X McDonald X X Strait Zuber Passed and approved this 12th day of May 1987. R hrod Approved DoporSmem 713 _-T CONTRACT BETWEEN CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY JULY 1, 1987 TO JUNE 30, 1989 7'/3 �i ARS TABLE OF CONTENTS PreamblePAGE Article I -- Recognition . . ' ' ' ' Article II Article III -- Management Rights, . . 1 Article IV Article V -- -- Check Off ' ' -- Union Business q gents, • 2 . 2 Article VI -- , Union Meetings, Bulletin • ' . . . ' . . , 2 ' ' . 3 ' Article VII Article -- Seniorityoards. , , . . . • . • . , . 3 VIII Article IX -- Article . . . -- Daily and Weekly Overtime -Standby y Hours of Work * • . . 4 . ' ' 4 X -- Article XI -. Holida s. ' • . ' Vacat ons, ' ' • 5 6 Article XII -- Article XIII Sick Leave, . . . . . . . . . . 7 . Article XIV -- . . -- Special Leaves LaYecial • • . . . . . . B ' ' ' . 9 Article XV -- Article XVI -- Article XVII Training personnel Trensacti 10 13 -- Article XVIII Article Shift Transfers, ons. -- Insurance . . 13 14 XIX -- Article XX -- , . . . ' Equipment W Pons . . ' ' ' . 14 + 15 Article XXI Article XXII -- E'u' and q ipme. ' . ' ' • Adequate Facilities • . . , , 15 Article XXIII Article XXIV _-Uniforms . , Duty Outside the City ' • • • • • • 16 16 -- Article XXV __ Article XXVI -- • Ds ion enal 1t ont, ' • . . . . MPa . . . 16 • 17 Article XXVIII Grievance Procedure, period, ' ' • • • , .. • - 18 ' • 10 Article XXIX -_ Article XXX __Effective Compensation . , . Public Emergency ' • ' • . , . . • 18 21 -General . . Conditions, • ' • • • . . • 22 ... . . • . • 23 23 715 PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimina- tion. That parties specifically agree to the following Articles: 1 76 ARTICLE I RECOGNITION 1. gaining agent Sectionforallhee pltoyeesc within the classif cations the Union as teesetusforth ain Section 2 of this Article. Section 2. The bargaining unit covered by this Agreement shall in- clude all Iowa City police officers and does not include the Police Chief, Captains, Sergeants, and any other individuals who are or may become con- fidential, administrative, supervisory, or less than halftime employees or those excluded by Chapter 20, Code of Iowa. Section 3. The City and the Union will negotiate only through au- thorized representatives and there will be no private agreements between officers and supervisors contrary to the terms in this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfrwit, restrain, coerce, or discriminate against any of its employeeseh e their membership in the Union. in connection with ARTICLE II MANAGEMENT i Section 1. Except as limited by the Agreement, nothing herein shall provisions of this be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, powers and author- ity include, but are not limited to, the following; a. To direct the work of its employees. b. To hire, promote, demote, transfer, assign and retain officers within the Iowa City Police Department. C. To suspend or discharge officers for proper cause. d. To maintain the efficiency of governmental operations. e. To relieve officers from duties because of lack of work or for other legitimate reasons. f. To determine and implement methods, means, assignments in per- sonnel by which its operations are to be conducted and to de- velop and enforce rules of work and safety standards. g• To take such actions as may be necessary to carry out its mis- sion. �. To initiate, prepare, certify and administer its budget. To exercise all powers and duties granted to it by law. ARTICLE III CHECK OFF Section I. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month from the pay of those employ- ees who individually authorize in writing that such deductions be made. '%3 3 Authorizations delivered to the City ten (10) days prior to the first day of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. Section 2. Check off moneys will be deducted from the first pay check of each month, and shall be remitted, together with an itemized statement, to the Union Treasurer within the ten (10) days after the de- ductions have been made. Section 3. The City will not deduct dues beginning the first of the month after which the officer is no longer a part of the bargain- ing unit. An officer may voluntarily cancel or revoke authoriza- tion for check off upon ten (10) days written notice to the City and the Union. Section 4. The City agrees to withhold, upon receipt of proper au- thorization from an officer, the sum of Five Dollars ($5.00) monthly from each officer's salary to be paid by the City at least once quarterly to Treasurer, Local 16 of the Iowa City Policeman's Association. Section 5. The City will not be liable for damages arising by virtue of mistakes in connection with funds collected under the provisions of this Article. ARTICLE IV UNION BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such investigation. Any such investigation or administration shall be conducted so as not to interfere with routine City business, and any such agent shall comply with City safety and security regulations. ARTICLE V UNION MEETINGS Section 1. Officers may use City facilities when available for the purpose of holding scheduled Union meetings. Section 2. With the permission of the Chief of Police, officers on duty may be permitted to attend any Union meeting. 7/3 _I ARTICLE VI BULLETIN BOARDS Section 1. The City shall provide a bulletin board to be lo- cated in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorse- ment or any libelous material and no political notice shall be posted urging support of any specific cause or candidate. Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. ARTICLE VII SENIORITY Section 1. Seniority shall mean the status, priority, or precedence obtained as a result of continuous length of service as an Iowa City po- lice officer. Seniority shall commence on the date of employment as an Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2. The City in cooperation with the Union shall maintain and keep posted on the bulletin board referred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: a. Resignation. b. Discharge for just cause. c. Absence from work for a period of three (3) consecutive sched- uled working days without notifying the City or without good excuse. d. Giving a false reason for e. Failing to report for work from the City (by United ceipt Requested to last report for work following leave of absence, within fifteen (15) days after notice States Certified Mail with Return Re - known address) notifying him/her to lay-off. Section 4. Seniority shall accrue during all special leaves, disa- bilities, sickness, vacation or other periods of time unless there is a specific provision to the contrary in this Agreement. In the event that more than one individual has the same seniority date the order of senior- ity will be determined by lot. Section 5. Except as otherwise specifically provided herein, senior- ity shall be the controlling factor to be considered in making determina- tions for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where required by Federal or State law. 716 5 DAILY ANDAWEEK LY Vill HOURS OF WORK Section 1. Work a, The work week for officers who are not working a continuous shift shall consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the officer and his/her supervisor. b. The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Six (6) consecutive eight (8) hour days followed by two (2) consecutive days off for four (4) consecutive periods; and thereafter (2) Six (6) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (3) Five (5) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (4) A repetition of the above schedule. C. Days off shall be defined as beginning with the end of the last nextregularly and reguscheduled larlyscheduled working dayn ing t forth i the start the Schede ule in Section 1, subsection b. For example: (1) For an officer assigned to the lam to Spm shift, days off shall commence at 3:00 pm on the last regularly scheduled working day and end at 7:00 am on the next regularly sched- uled working day, (2) For the 3 pm to 11 pm shiftdays off commence at 11 pm on ,the last regularly scheduled working day and end at 3 pm on the next scheduled working day. (3) For the 11 pm to 7 am shift, days off commence at 7 am on the last regularly scheduled working day and end at 11 pm on the next scheduled working day. Section 2, Work Da A work day shall consist of eight (8) con- secutive hours with e o cer reporting fifteen (15) minutes prior to the commencement thereof and staying, if requested to do so, fifteen (15 minutes after such work period, ) Secti Officer shall obe3graneRest wo iods. To the greatest extent Possible, each each work day, The firsfifteen (15) minute rest periods during third hour, and the second rest period to occur between the second and sixth hour. The rest periods set period to forth hereincmaybbeween varied the uponfmutual agreement of the officer and his/her supervisor, 01/6 Sectin officer shallobe4gran e . Lunc a P unc d periodtof he notaless thannthirrtyi(30) ec min- utes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the sor. officer and his/her supervi- Section 5. Notification. To the greatest extent possible, an officer shall be note ie wen y- our (24) hours in advance if he/she is required to work on a day off. Section 6. Straight Time Pay. Straight time p herein referred to as regular pay or regular wage) shall mean( the sometimes hourly rate paid for the regular working day and working week. In rat implementing eshallbn eotiateemultipliea dbyoanytnegotiatedalary percentageaincrease,broundedrin accordance with mathematical standards, to obtain the new base hourly rate. Base hourly rate multiplied by two thousand eighty (2080) equals annual salary. ARTICLE IX OVERTIME - STANDBY Section 1. Overtime. With the exception of Section 8 of this Article, overtime is work performed by an officer in excess of eight (8) hours a day, forty (40) hours a week, or minimal call-in time as herein- after defined. All overtime work shall be the subject of a written instrument specifying the overtime thereof and each officer shall receive a copy of any such instrument after the same has been approved or disap- proved by the City. Authorization by the shift commander is required for overtime work. Section 2. Overtime will be compensated at the rate of one and one-half (1-1/2) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. Section 3. An officer who has left work and is recalled with less than twenty-four (24) hours prior notice shall receive credit for a mini- mum of two (2) hours of overtime. Section 4. Overtime Equalization a. To the greatest extent possible, overtime shall be assigned trrsalcideinteniefofwork required, the ability ofheindivdualofii-cer, his/her availability, and his/her desire to per- form the overtime service. �. The City shall maintain and post (at least monthly) in a prominent place in the Police quarters, a list of classifications showing overtime hours worked by each officer, and shall keep such list current with accumulated overtime being credited forward. Overtime accumulation shall commence on July 1 of each year (see Section 7 below). 016 _I c. The parties agree that the above overtime equalization pro- visions or any other provisions of this contract shall not be construed to mean that overtime is voluntary. Employees requested to work overtime are required to do so. Section 5. work two (2)oore voursmemme Rest a y�o o low ngrd. Ifaandfbeyond is normal work day, he/she shall receive either: A rest period of at least one-half (1/2) hour immediately following his/her normal work day, or One additional one-half (1/2) hour of paid compensation at the overtime rate as the officer and his/her supervisor may determine. Section 6. Stand -b Time. The parties realize that it may be necessary or desira a or a City to require officers to be available on a stand-by status where they may be called to duty upon short notice. The City shall advise such officer at the earliest possible date of any such required stand-by service, and the officer shall receive one hour of compensation at straight time far each eight (8) hours of stand-by time. This provision shall not be applicable to detectives on normal week or weekend call. Section 7. Accumulated Overtime. Overtime accumulation for time Off shall not exceed orty (q0) hours n any one fiscal year and any ex- cess in accumulation over forty (q0) hours shall be paid. Any overtime accumulated at the end of the fiscal year shall be paid. However, accumulated overtime may be carried over from one fiscal year to the next, to be used as time off only, and must be used by September 1. Section 8. The greater of two (2) hours or actual time spent will be credited to an officer when, in obedience to a subpoena or direction by proper authority, appears for the federal government, the State of Iowa, or a political subdivision, or in a private litigation when not a party to the litigation and when such appearances arise from the performance of his/her duties, obligations, or activities as a police officer. Overtime earned as defined in this section will be compen- sated at the appropriate overtime rate. ARTICLE X HOLIDAYS Section 1. The following days shall be paid holidays for officers: New Year's Day (January 1); Washington's Birthday third Monday in February); Memorial Day (last Monday in May); Independence Day (July Thanksgiving Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanks- giving; Christmas Day (December 25); and one personal leave day. 7�3 _7 not Section 2. In addition, there shall be granted to officers who do beforeroraafteriNewuYear'stDay theday aan additionalbefore or after holiday. Thos, or the day the Managerdirect tfails hat ftocmake ers osuchvdesignationlb day for this TheCityholiday but if y Manager year in question, the officer may select a particulaDecembeday5bOf the calendar etween December 17 and January 6 subject to the approval of his/her supervisor. officers will be allowed to take the day preceding or following a holiday as designated b Such day off, Y the City Manager if the holiday falls on the officer's Section 3, Police officers on a continuous shift shall receive eighty-eight (88) hours of holiday credit on July 1 annually, ,An con- tinuous shift officer who begins work after July 1 of an re- ceive credit for the remaining holiday dates until July I. If an officer separates after Jul y Year will ing dates which have been credited but which have not as the following be deducted for Y 1 of any year, those holiday the purpose of considering separation paycurred will hours of e.g., Officer A receives credit for eighty-eight (g8) November 1 and aHAS SNOT USED Ame on NY1 1. holida The ohoursr terminates on be paid sixteen ixte n (16) hours of holidayyy (Ind pa He/she would ependence Day e. holiday Officer B on July eighty-eight (88) hours of and HAS USED fort y ) Officers terminates November 1 holidays (Independence Dayandholiday Oa hours. Only two (2) to termination, therefore twenty-foury) have occurred prior less 16 occurrin (24) hours (40 used wages. D) would be deducted from the last week's If an officer works a full shift on a addi- tional holiday credit will be holiday, four holidayoccurs, given during the pay pea Tulin hoursof che If an officer works more or less than a full shift on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section 4. For the purpose of this Article, the holiday begins at 11:00 P.M. on the day preceding the holiday date and continues for a pe- riod of twenty-four (24) hours thereafter. The shift startingtime con- trols holiday designation. For non -continuous shift fficers, a holdiay which occurs on Sunday will be observed on the following One which falls on Saturday will be observed the preceding Friday. Monday, ARTICLE XI VACATIONS Section 1. Vacations shall be earned and accumulated by PdY pe- riod according to the following schedule: 7/3 _y Length of Service 0-5 years 5-10 years 10-15 years 15-20 years 20 years plus Days Earned Per Month 1 1 1/4 1 1/2 1 3/4 2 The maximum annual carryover from one year to another shall be two hundred twenty-four (224) hours, The maximum number of hours eligible for payment upon separation shall be one hundred ninety-two (192) hours, ARTICLE XII SICK LEAVE Section 1. Accumulation, Officers shall be granted one (1) day of sick leave for ea_cFffo`nfF,—a`nU shall have the right to accumulate un- used sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be granted for an officer having a leave without pay. Any offi- cer granted a paid leave shall continue to earn sick leave. Upon termination of employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one-half (1/2) of the officer's then current hourly base salary, provided, however the dollar amount of the payment may be up to but shall not exceed the amount that an officer would have been due if he/she had terminated on June 28, 1985. Officers hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An officer must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave, After completion of the initial probationary period, a day of accmulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour -to -hour basis. A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable noti- fication by the supervisor of the need for a doctor's state- ment will be given in order to allow time to comply. In addition to sickness of an officer, sick leave may be used for: (1) Duty connected disability. (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the officer's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. Ts _1 10 _1 (3) Health maintenance needs, e.g., doctor or dentist appoint appointments The officer will make every attempt to in off-duty hours. Section 3. Notification. An officer shall supervisor or a supervisor on u y on the shift immediate) his/hers, as soon as reasonabl notify his/her will cause him/her to Y Possible, of any sickness or illnesscwhich within one (1) hour after the be work and unless such notification is not be charged to sick leave ginning of the work da given leaves or to leave without ' but may be charged to other is eaccumulwill notify the shift supervisor before leaving duty. P Y who become sick on duty shall Section 4. In the event an officer is injured or disabled on the job requiring time from work s accumu, no deductions shall be made from the offi- cer'lated sick leave unless such officer requires more than two (Z) working days in which to recuperate and return to work. ARTICLE XIII SPECIALLEAVES additions to Section I' On -the -Job In'ur Upon application the City ma in event op Y other eave, gran a leave of absence with followin an injury or illness of an officer while on duty g conditions exist; Pay in the Y provided the a. That the injury or illness is determined compensable by the Iowa City Police Pension Board (I.C.P,p•B•) and b. The medical advisor of the from work is required. I,C,P,P,B• determines that time off If the above provisions are applicable, leave with pa will be granted during the remaining time on the shift when the injury for a period of two 2 da y If the injured or days aofficer requirefter if semore than two (2) and in which to recu erate Y the I. C, P,p•B. be charged p and return to work, any additional absence days 9 to sick leave or if sick leave is exhausted absence with pay until a temporar will I, C. P, p, g, after which determination dthebsicky leaveiandis gr ntedeby of used for such purpose shall be restored. Y the In the case of Y other leaves approval from the Cit apparent on-the-job injury the Police Chief, with approve a leave of absence na er, may waive conditions a, and b. sability by the I. C, P, with pay prior to a determination ofb�p�pentl illness in P B• However, in the event that the the I,C•P question is subsequentI determined to be P•B., the officer shall non -compensable by advanced, using or current accrued reimburse the Cit final pay, then future Y for the leave accrued leave, then Section n, Funerals. An officer will be granted u days per occurrence w no for of compensation nor loss of accrual sick, annual, nor Compensatory time P to threefaom brotheOuser, children, mother, father, grandparents,i stepparents, sister,the funeral Of hor 7/3 11 An officer will be granted one (1) day per occurrence with no loss of timeotoenattend nthe 1 funeral aof uhlis/her mother-in-law, orfatcomrpeninsaltaowry fatherr-in-law, grandparents -in-law, aunt or uncle, brother-in-law, sister-in-law, permanent member of the immediate household, or for a military funeral in which such officer participates in the ceremony. In such cases, he/she may be granted up to two (2) additional days for travel, if necessary, as determined by his/her supervisor. If additional time is needed, an officer shall be permitted to use up to three (3) days per occurrence of his/her accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without 40a. A leave of absence without pay is a pre a ermtn amoun o time from work, which has been recommended by the Chief of Police and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termina- tion of any such leave of absence, the officer shall return to work in the same step or capacity as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular Position without leave, provided that during such period, no officer shall earn sick, vacation, or other leave. In the event an officer fails to return to work at the end of any such leave, he/she shall be deemed to have voluntarily resigned or, if ap- plicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the officer: a. Cannot pay retirement contributions if the leave exceeds one (1) month in duration. b. Shall not receive any other job benefits during the period of absence. c. Must use all accumulated vacation and compensatory leaves to which he/she is entitled prior to the time that the leave without pay commences. d. Shall not accrue seniority during leaves exceeding thirty (30) days. Must aroated halt e remiums fallingydue rduringeanyh,monthathendemp oyeenslife isannotrcepon the payroll, if coverage is desired, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. F14s 12 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Chief of Police may make exceptions to the above conditions (a. through d.) for leaves not exceeding ten (10) working days. Section 4, Jur Dut . receive regular Stan ar time pay during summoned for jury duty shall j shall earn and be entitled to all benefits aspif�on dutod of y, thouticharge against sick or vacation leave. The City shall receive the pay earned from such jury service but the officer shall receive allowance for mileage and expenses unless furnished byy the City. An officer who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining on his/her shift shall return to work. Time spent on jury service by officers whose daily duty hours are other than when court is in session may be credited against the officer's daily duty hours to the extent determined by the Police Chief. Section 5. Witness Fees. An officer shall be granted leave with pay when required to e a sen rom work for the purpose of testifying in court or appearing in response to any legal summons which falls under the provisions of Article IX, Section 8, of this agreement, and the City shall receive the witness fees except the witness fees paid to an officer for off duty periods which belong to said officer. any branSection ArmMIIItar Leave. Officers belonging to or called by active service, be entitledcto a leave of bsencee United sforall suchwhen perioddofetime that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Cit employment rs subject to the foregoing shall, upon re -instatement to pretain their original employment date for the Purpose of determining seniority and eligibility for salary ad - had just n though such time spent in service of the United States had been spent in regular employment with the City. Section 7, Votin Time An officer shall be during the work day in any national, state, or local election ionif i ttisvnot reasonably possible to vote during off hours, and no charge shall be made for time spent for such purpose. entitled Seto a ction 8. opra nence weaveU A pregnant officer shall be toted as a result of pregnancy or relateday if scause athe is ythe aexhaustion lly cof other accumulated leaves. All officers requiring such leave shall notify 713 13 the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of ex- tension granted by the City, the officer will be considered to have volun- tarily resigned or retired. The officer will return to work as soon as she is medically able to do so. ARTICLE XIV LAY-OFFS Section 1. Lay-offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the current Code of Iowa. Section 2. Officers separated because of lay-off will be given formal written notice at least two (2) weeks in advance of the separation date or two (2) weeks of regular base pay in lieu of such notice. ARTICLE XV TRAINING Section 1. To the greatest extent possible, an officer shall receive or have the opportunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be re- quired to participate in any such program on a day off unless the City pays said officer one hundred fifty percent (150%) of his/her hourly base pay. This section shall not be applicable to officers on a probationary basis. Section 4. In the event an officer is not performing his/her duties satisfactorily, the City may require such officer to complete a special training course as recommended by the City in an effort to assist said officer to achieve satisfactory performance of his/her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police. 713 14 Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non -required training program. Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as deter- mined by the Chief of Police. Section 6. grams attended by an ThisArticle ion a volluntary basis pwhen bnot le tontduty.ng pro- 7. shall referredstotinnArti le VIita schedullesof Citynd aintain on the approved trainingetin oard programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his/her own expense with the approval of the Chief of Police which shall not be unreasonably withheld. ARTICLE XVI PERSONNEL TRANSACTIONS - RULES Section 1. An officer will be given copies of all documents placed documentnisiplacedptherein� file within No documentewillOas of the time ansuch bed considered for the pur- pose of evaluation, promotion or discipline of an officer unless such document has been placed in the personnel file. Section 2. The City will promulgate departmental rules and regu- lations and provide each officer with a copy thereof. Upon promulga- tion of said rules and regulations, all prior rules, regulations, directives, and general orders, except as specifically noted in writing, will be cancelled. Section 3. Minor infractions shall be removed from an officer's file within a period of one (1) year after the filing of the documentation and action taken, and thereafter shall not be considered for any purpose whatever. ARTICLE XVII SHIFT TRANSFERS enioity desires Section transfers tothe a evnt different t shift,ofhe/she ficerhshall avingsmakerap- plication to the Chief of Police. The Chief of Police will not unreasona- bly withhold permission to transfer after considering the ability and experience of the officer, the nature and type of work to be performed on the shift, and the need for personnel having certain qualifications on said shift. No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police will give special consideration to the facts and circumstances related thereto. Subject to the foregoing, officers may trade shifts provided that the Chief of Police approves any such transfer. 713 15 Section 2. No officer who is transferred shall lose any days off, sick or vacation leave by virtue of such transfer unless mutually agreed by the officer and the City. Section 3. The employer agrees to provide to each affected offi- cer written reasons for and reasonable notice of involuntary shift trans- fers with due regard for seniority. To the greatest extent possible, such notice shall precede the effective date of transfer by fourteen (14) days. ARTICLE XVIII INSURANCE F Section 1. The City shall, at no cost to the officer, maintain k for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. The parties shall negotiate increases in health care costs in the future. i Section 2. The City shall provide, at no cost to the officer, single coverage dental insurance for each officer. The parties shall f negotiate increases in single dental care costs in the future. Section 3. The City shall provide, at no cost to the officer, a Policy insuring the life of said officer in an amount equal to his/her annual salary. Any fraction of $1000 in annual salary shall be rounded off to the next higher thousand. ARTICLE XIX + EQUIPMENT i I Section 1. Officers shall not be required to operate motor vehi- cles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. at some period duringor immediately r diatelyfoofficer llowinggthe mworrk day, otor creport le lanyadefect noticed by him/her in said vehicle to the shift commander. Section l be maintained by the City lintgood eworking t condition dand ineaccordancelwith all applicable safety standards. Section 4. The City will furnish required motor vehicles and other required equipment. I i 713 i 16 Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided with ade- quate protective clothing as reasonably determined by the Chief. Section 6. To the greatest extent possible, officers shall prop- erly use the equipment furnished by the City. Section 7. Equipment issued by the City shall be returned to the City at such time as the employment of an officer is terminated. Nonexpen- dable items not returned will be paid for by the officer. Section 8. The City shall provide appropriate regulation equipment in accordance with applicable safety regulations. Section 9. Each officer on duty, regardless of assignment or proximity to other officers, shall be provided with a proper functioning portable two-way radio capable of transmitting and receiving on all the radio frequencies assigned to the Iowa City Police Department. In addition, officers assigned to walking, traffic control,or any other assignment which creates difficulty in hearing radio transmissions shall be provided with a remote speaker/microphone attachment to the portable radio unit enabling the officer to hear radio transmissions without removing the portable radio from its belt carrier. ARTICLE XX WEAPONS AND SPECIAL EQUIPMENT Section 1. Service ammunition for regulation weapons shall be provided by the City. Section 2. The City shall provide at least fifty (50) rounds of target ammunition monthly for each officer required to carry a weapon to enable the officer to maintain efficiency with the weapon. The Chief of Police shall prescribe the use to be made of such ammunition. Section 3. The City will furnish within a reasonable period of time some bullet-proof vests with the number, type and quality being de- termined by the Chief of Police. ARTICLE XXI ADEQUATE FACILITIES Section 1. The City shall provide adequate locker and other fa- cilities separately for male and female officers. ARTICLE XXII UNIFORMS Section 1. The City shall provide each officer with uniforms used in the performance of the duties of police officers (original issue - new equipment). 7/3 IVA a. One (1) winter and one (1) summer regulation hat. b. Three (3) regulation ties. C. Six (6) winter and six (6) summer permanent press regu- lation shirts. d. Four (4) pairs of regulation trousers. e. One (1) winter and one (1) summer regulation jacket. f. One (1) raincoat, reversible, consisting of a black side and a reverse side of a reflective International Orange. g. Two 2) regulation hat covers. h. Two pairs of regulation winter gloves. i. One (1) regulation pants belt. Section 2. Each plain clothes person will receive an allowance of two hundred ($200.00) dollars at the end of every four (4) months for clothing. Upon submission of receipts by an officer, the City shall pay for cleaning of uniforms or plain clothes officer's clothing and/or shoes and/or boots related to employment up to a total annual allowance of one hundred dollars ($100.00) per officer. Receipts shall be submitted to the Chief of Police or his/her designee by the first day of the month and shall be paid by the City within 30 days. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. Section 4. Replacement: a. Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage. b. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven (7) days of receipt by the designated supervi- sor. ARTICLE RRIII DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. 7/3 18 ARTICLE XXIV SUPPLEMENTAL EMPLOYMENT Section 1. Officers shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employer, and if the sup- plemental employment is related to or along the lines of police work, to notify the City of the work schedule, compensation, and specific duties in addition to the above information. ARTICLE XXV POSITION CLASSIFICATION Section 1. For salary purposes, there shall be no distinction i between patrol officers, detectives, juvenile officers, or other posi- tions not having civil service certification. Section 2. In the event that any officer is designated in a higher job classification on a temporary basis, said officer shall receive his/her own pay or the pay designated for such other classifica- tion in which he/she is temporarily serving, whichever is higher, pro- vided: i i a. That the pay in the temporary classification shall not be applicable until the officer has served at least fifty (50) days or more within one calendar year in such other capacity. ARTICLE XXVI GRIEVANCE PROCEDURE Section 1. Definition - General Rules a. The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this Agree- ment. b. An officer will not be required to be represented by a Union steward at any grievance hearing. A steward shall have the right to be present for the purpose of ascertaining whether or not the issue involved has any application to the Union gener- ally or to other officers who have not filed a grievance. The Union shall have the right to designate four (4) stew- ards and four (4) alternate stewards for the purpose of repre- senting officers in the investigation and presentation of grievances. 7/3 19 The Union shall be given written notice to the City Man- ager and Chief of Police the names and address of stew- ards and alternate stewards for the purpose of representing officers. Not more than a total of ten (10) hours per month paid time may be used by the stewards in the resolution of employee grievances. No more than one steward shall represent a grievant at any one grievance hearing. Grievance procedures occurring on duty time will be scheduled so as not to inter- fere with assigned police work. Permission to process griev- ances will not be unreasonably denied. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determinati- on of disputes which arise under the terms and conditions of this Agreement. If an officer proceeds beyond Step 3 of Section 2 of this Article XXVI in connection with any griev- ance, such action shall constitute an election by said officer to proceed under the terms of this Agreement and shall be a waiver of any other remedy available except as specif- ically provided by law. d. The grievance procedure shall be available to any officer who is not awarded an increase in salary advancement to which the officer would be entitled by virtue of time in grade. e. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. If a re- sponse to a grievance is not received within the time limita- tion hereinafter provided the grievant may' proceed to the next step in the grievance procedure except the time limitation referred to in this Article may be extended by agreement of the parties. f. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. g. Steps of the grievance procedure may be waived by mutual con- sent of the parties. h. The word "day" as used in this Article shall mean working day and shall exclude Saturdays, Sundays, and holidays. Section 2. Procedure. A grievance that may arise shall be pro- cessed and settledn the fo lowing manner: a. Step 1. The grievance shall be presented orally for discus- sion between the officer involved, the steward, and the appro- priate City supervisor within five (5) working days after knowledge of the event giving rise to the grievance. The supervisor shall either adjust the grievance or deliver his/her answer to the aggrieved officer and steward within five (5) working days after such Step 1 conference. In the event no response is received from the supervisor within said five (5) day period, the grievance shall be processed pursuant to Step 2. 7/3 20 b, Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his/her steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved per- son, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his/her designated repre- sentative who shall, within a period of five (5) working days investigate and document the grievance and issue a deci- sion in writing thereon. The grievance shall contain a statement from the officer specifying what relief or remedy is officer,orlimit theremedyremedyto whichhe/she i the statementt such shall ot bar as entitled�f The Union shall be furnished with a copy of such decision at the time it is issued. C. Step 3, A grievance not adjusted by the Chief at Step 2 may be submitted by the grievant or Union to an advisory griev- ance committee for resolution, The Committee shall consist of not more than five (5) nor less than two (2) representa- tives of the City and the Union. The Union will convene the Grievance Committee within five (5) days of receiv- ing the Chief's Step 2 response, The i accept or reject City Manager will the cortmittee's written recomnenda- tion within five (5j days after it is received. j d. StA grievance not adjusted at Step 3 may be submitted ' designee rwithin fiveh (5)n workingt daysitohe fMthegcompletion hof j Step 3 or within fifteen (15) days of receipt of the Chief's Step 2 response if no meeting is scheduled. The City Manager will investigate reed to the lleY within ten working days and metpersonally with the grievant and steward if such a meeting is requested in writ- ing. I e, Arbitron. A grievance not adjusted at Step q may be sub - II matted to a neutral third party for binding arbitration. A request for arbitration must be submitted in writing and signed by the grievant within fifteen (15) working days ieslofianyrsuch prequestewillybeafurnishedt o theresponse. Cop - the Union, City to Except as otherwise provided, the cost of arbitration shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case and Ij for eiththeprecarty ord eandinmakereaorcopy opy availf the blewithout proceedings wihacharge to the arbitrator, The cost of a certified court reporter, If requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union, 7105 21 The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the officer within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbi- trator, a request shall be made to the Federal Media- tion and Conciliation Service to.provide a panel of five (5) prospective arbitrators. Both the City and the officer shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, rules and regulations applica- ble. Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. Section 3. Administrative Conferences. a. The conference group shall consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Union. At least two (2) representatives from each party will attend any meeting. b. The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommendation will be contrary to the terms of this agreement. The City will release from duty not more than two (2) officers for not more than two (2) hours for time spent in conference. c. A conference shall be held no more than once every sixty (60) days unless the parties mutually agree otherwise. These meet- ings shall be held in City facilities, if available. d. All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A rep- resentative of the Union and the City shall exchange agendas for items for consideration at least three (3) days In advance. ARTICLE XXVII EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 1987, and shall continue through June 30, 1989. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. 713 Wa ARTICLE XXVIII COMPENSATION Section. 1. The effective date of compensation and benefits adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. Commencing the effective date of the compensation period as defined in Section 1 of this Article, the City shall increase the pay of all officers by three percent (3%) at the beginning of each fiscal year covered by this agreement based on each officer's salary as of the day prior to the effective date. (A copy of the Police Pay Plan is included as "Attachment A" to this agreement.) Officers will receive step increases in pay according to the following schedule: Step 1. Upon appointment. Step 2. Twelve months from date of appointment. Step 3. Eighteen months from date of appointment. Step 4. Thirty-six months from date of appointment. Step 5. Fifty-four months from date of appointment. Section 3. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last pay check in Novem- ber in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $275.00 10 years $350.00 15 years $450.00 20 years $550.00 This payment will be pro -rated on the basis of monthly segments for members who terminate before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same pro -ration. Section 4. Shift Differential. Officers working the 3 to 11 shift on a regular bas s wi receive ive (5) cents per hour on top of their normal wage for all hours worked from 3 p.m. to 11 p.m. Officers working the 11 to 7 shift on a regular basis will receive ten (10) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. Officers working overtime will continue to receive shift differential at the same rate as their normal duty hours. 715 __T M. 23 ARTICLE XXIX PUBLIC EMERGENCY Section 1. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. ARTICLE XXX GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any party includes its agents, offi- cials, and employees. Section 3. Both parties affirm that the provisions of this Agree- ment shall be applicable to all officers regardless of race, color, relig- ion, sex, age or ethnic background. Section 4. Waiver. This Agreement supercedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. Section 5. Anticipated Changes. The City shall give the Union as much advance notice as possible of any major change of working conditions. CITY OF IOWA CITY � 2a R /�.... . ,:i. /i.. Date: May 12, 1987 Ived Approved Depa; eM s G/87 POLICE LABOR RELATIONS ORGANJ[ZAJ4N OF IOWA CITY BY:�'� P4 BY: 4::� Date: May 26, 1987 7/3 __T POLICE PAY PLAN POSITION FY88 (June 27, 1987) MINIMUM MID -POINT I 40-01 2 3Hr Police Officer 9.39 9.63 11.55 Biwk 751.20 770.40 Ann 19,531.20 20,030.40 924'00 24,024.00 40-01 FY89 (June 25, 1988) Hr Police Officer Biwk 9.67 9.92 11.90 113.60 793.60 952.00 Ann 20,113.60 20,633.60 24,752.00 ATTACHMENT A MAXIMUM 4 5 12.65 13.61 1,012.00 1,088.80 26,312.00 28,308.80 13.03 14.02 1,042.40 1,121.60 27,102.40 29,161.60 -I The parties agree health insurance modified by mutual SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY PLRO-IC MARCH 27, 1984 Mandator Out atient Sur er that the following additions to the effect from April 1, 1984, until be Sh he for two das or th Procedures designated by the Iowa Foundation and an outpa Y ethe healthminsuranceerformed an patient basis covered b an outsuitable to be performed on in-patient surgery medically Extenuating circumstances which wouldfmake performed o�gua�ted by thephysiciany will Desib� reviewed by Blue Cross/Blue Cross/Blue Shield outpatient basis, and without surgeries not will 6e paid only prior which are b• Maternit Y at a rate of SOS of charges. by Blue Len th of Sta incentive 9es. Following admission into the mother for childbirth tis hospital for childbirth, if len th °f stay bill, presented to the Human Relations Department g a check for f100 less, as certified by the hospital (minus necessary withholding), eOf an mployee will receive c, Overcharee I_ nc- Employees will receive 25% of when the overcharge/overpayment the correction employee. is initiated and successfully Payment to (Withholding must be made on all overcharge or overpayment . ployee-in itiatedoyees is $500 Payments to Y resolved by the Department when the rcorre�t�°n isre-"ithhoiding), DocumentationeSerro or .) Maximum Shaul be submitted to the Human fR Relations from computer f100rw°rthsofllar problemsiiwill�notobe overcharges resulting (e•9. received d. Out atient Treatment of Substa Stance Abuse billed for eligible for payment f100,000), This option would make available, but not treatment of substance abuse, Employees coverage for mandatory, payment for by a substance Pu abuse of substance abuse treatmentimustto utilize bent, treatment agency selected by the CityPrior Y mrwmm e A CIT JA BY .�./ Date: !�'�c.t.•( ,?p �r� By; Date; outpatient insurance evaluation to treat - POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY PLRO- 71 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 April 18, 1985 Mr. Michael Goldberg, President Police Labor Relations Organization of Iowa City Iowa City Police Department 410 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Goldberg: Attached please find copies of brochures describing coverage under the "Iowa 500" Two Day Deductible health insurance plan and coverage under the Delta Dental Plan II dental insurance plan. These are the insurance plans which were agreed to by the City and PLRO-IC for our FY86-87 Collective Bargaining Agreement, and referred to in Article XVIII, Section 1 and Section 2 of that agreement. It is understood and agreed that benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of the Collective Bargaining Agreement. Sincerely, Dale E. He ling Assistant City Manager bj3/9 Michael E. Goldber President, PLRO-IC IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield Physician and Major Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self -maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: * One routine annual physical examination in a doctor's office or clinic * Nome and office calls needed to diagnose or treat a medical condition * Immunizations required by a Subscriber or any person in a Subscriber's family THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient Semi -private room and board Necessary services and supplies Operating rooms, intensive care, coronary and burn care units Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor Necessary laboratory and x-ray services Outpatient . Surgery . Diagnositc x-ray and laboratory services . Accident care HOME HEALTH CARE 90/10 . Services provided by a Registered Nurse . Services prescribed by a physician PHYSICIAN SERVICES 90/10 • Hone and office vists • One routine annual physical exam . Pre -natal and post -natal care in physician's office . Immunizations . Hospital visits and nursing facility visits NERVOUS AND MENTAL 90/10 Outpatient - 90/10 to $10,000 Lifetime Maximum. SKILLED NURSLITY 90/10 Un m to ING oomFACIan Board Services and supplies 713 _—I THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These -,other services are subject t0 a $100 contract deductible per calendar, year Prescriptions . Anesthetics Nursing Services . Casood plasma Private -duty nursing services Crutches Ambulance Durable medical equipment • Air .Other supplies when ordered • Ground by a physician DEDUCTIBLES AND COPAYMENT Hospital - The Subscriber is responsible for the first two days of semi- private roam and board. Per Hospital Admission. Physician - The subscriber pays 105 of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. Other Supplies/Services - The subscriber pays the first $100 per contract Per calendar yearfor medical supplies and services. These may include Prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the subscriber's expenditures for hospital, physician, and/or other services reach $500 per year, I charges. If the subscriber sOWA 500 pays lOOx of all remaining andother services dexpenditures for hospital, physician, remaintin o not reach $500, the subscriber pays 1O% of all ng charges up to a total maximum expenditure of $500. (Outpatient until treatmient for nervous and mental conditions is paid 90/10 co -payment Nervous andlMentalLdoesinotNapplyy toximo sthetOut Cof P et for MaXOutpatient CARRYOVER OF DEDUCTIBLE qPenses or covere services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. 7/3 _ y U4111A IM IM Summary of Bandits DELTA DENTAL COVERAGE Delta Dental Plan of Iowa coverage not only provides a variety of benefits but also eneourages timely and o fective dental maintenance. Mon than eo% of the dentists in Iowa participate in the Delta Dental program. Delta Dental payment Is based on Usual, Customary and Reasonable allowances, subject to deductible and copayment provi- sions of the program. Your Delta Dental program includes a 'medical neuuW provision which ensures coverage for dental services provided within generally accepted dental practices. Like Blue Cross and Blue Shield of lows, the Dale Dental Plan receives claims directly from participating dentists. And we pay them directly for you. That eliminates claims -handling chores for you and your employs" — and saws valuable time and money To provide a program to most your oompanyis needs, Deka Dental Plan benefits are available with deductibles, copayments and maxi- mum payment allowances for covered services. Thal bandits are combined to meet your needs: Preventive MahKananos benefit Includes: e Routine chedtups at six-month intervals including bitewing x-rays at 12 -month intervals. a Teeth donning once every six months. a Topical fluoride applications as prescribed but no more than once every six months. e Full -mouth x-rays once in any throe -year interval unless special need is demonstrated. Routine RestoreWe benefit provides ongoing care including: e Regular cavity fillings. e Oral surgery (including pre- and post-operative care). e Emergency treatment for relief of pain. Major Restorative benefit covers: o High-cost fillings. e Can restorations, a Root canal fillings. e Non-surgical treatment for gum diseases, il. Delta Dental Plan of lows 7/3 009 Dental plan of RATE OUOTATIOOrV Prograrn eemrta © Pravamive Maintenance ® Routine Restorative ® Major Restorative 0 Dental hoelha,,. 0 Periodontics 0 Orthodontics 0 DePendents to ape 0 Full•time student, 0 Adutts Program Maxlmuma Single S Per year S Ste_ Family S —3jQQ-, per member, Per Year Lifetime benefit maximum on Orthodontics $ Program Rates" Single $ --� Per month Family $ _ Per month co"Y"m --% so % These rates guaranteed for _1 months beginningIf on 7-I-85 _r71t m 94103 quoted here are a min'mum eMottme Ibased upon census information t !' of 90!, of total eligible em Ioprovided and ac 'TK, G Ysea for Outring and maintainin •� the duration of the g . ` r.•. / contract. ^rdhorbtd Re ir, I This /r t. Cow'... general iption of eov gate crape. h is not a statement of contract. terms and h n "ons specifietl in the t:Oniraq itself. Actual in lora when the contract becomes effective. 11e1p aM rM 00 Dental Plan of low,, 7/3 _I _I RESOLUTION N0.87-107 — ITY F IOWA TNEAN OLITION CITY ASSOCIATION PROFESSIONAL BETWEEN THE CFIREOFIGHTERSIT IAFFD AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 1987 THROUGH JUNE 30, 1989. and the Iowa the City of Iowa City, Iowa (hereinafter the City), Local #610, WHEREAS, aiAFL- representatives, City Association of Professional their deg gnated bargIAFFaining ningT , through agreement to be effective (hereinafter the Union), g ive a copy of which Agreement is attached to have 1 198 through June 30,01989, a bargaining hereof, and July 1, 1987, this reference made a p this resolution and by reement, finding that it will WHEREAS, the City desires to approve the Ag residents of the promote efficient mun alp serv�cesations, thereby providing community with municipal NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above -referenced Agreement between the City and the Union is hereby } approved by the City. nd the City Clerk 2, The Mayor is hereby authorized and directed to sign, a to attest, the Agreement. It was moved by Zubcr and seconded by Dickson _ the Resolution be adopted, and upon roll call there were: f ABSENT: NAYS: 4 AYES: Ambrisco X Baker X Courtney X Dickson X X McDonald X Strait [ Zuber _x of Dlav , 1987. passed and approved this 12th day f e R AedA)APProvedGoP ATTEST: i I 714 _-7 711 TABLE OF CONTENTS ARTICLE Preamble PAGE, Article I -- Recognition . . . ' ' ' ' ' ' ' • • • • • • . 1 Article II -- Article III Management Rights. • 2 Article IV -- -- No Strike - No Lockout. . ' . . . ' ' Dues Check Off ' ' ' ' ' ' • ' ' ' . 2 • • • • 3 Article V -- Hours of Work . ' ' ' ' ' ' • • • • • • 3 Article VI -- Overtime 4 Article VII Article VIII . -- Special Leaves. . . . ' ' ' ' ' ' • -- Holidays • • • • 5 6 Article IX -- Sick Leave 9 Article X -- Vacations . . . . ' ' ' ' ' ' ' • • • • • • . 10 Article XI -- Article XII Union Activities ' • • • • 12 -- Article XIII Uniforms and Equipment, ' ' ' ' -- Insurance. ' ' ' • • • ' ' ' . 12 • • • • 13 Article XIV -- Article XV Duty Outside the City. . ' ' ' ' . . ' ' ' • • 14 -- Article XVI -- Training Programs. ' ' ' ' ' ' • •' • ' ' ' ' ' ' • Bulletin Boards • • • 15 • • • 15 Article XVII Article XVIII . , -- Personnel Transactions . ' ' ' ' • • • 15 Article XIX -- -- Discipline, Transfer Procedures ' ' ' ' ' ' 15 . • • 16 Article XX -- Supplemental Employment. 16 Article XXI -- Safety, • • • . . 17 Article XXII -- Article XXIII Grievance Procedure. ' ' ' • . ' ' • • 17 Article XXIV -- -- General Conditions. ' ' ' ' Waiver ' • • • • • • • • 18 . . . 20 Article XXV -- Article XXVI . , Savings Clause.' ' ' • . . ' ' ' ' • • • 21 -- Article XXVII Duration ' ' ' • • • -- Wages • • 21 21 Article XXVIII Article XXIX -- Other Canpensat ion. ' • ' ' ' . . ' ' • • 21 -- Use of Time Off. ' ' ' ' ' ' • • • 22 23 711 PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: 7l4 ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieuten- ants, and Captains and excluding the Fire Chief, Battalion Chiefs, Training Officer, Fire Marshall, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representa- tion of new titles, departmental reorganization or any other administrative variations of the present department organization. The City agrees that it will not sponsor or promote, financially or otherwise, any other group, individual, or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. c. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, loca- tions, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mis- sion. J. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. 7/4 ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employ- ees in the bargaining unit, while acting in the course of their employ- ment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make every reasonable effort to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of dispu es arising out of the terms of this Contract. ARTICLE IV DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will verify the dues structure to the City in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Check off moneys will be deducted from the first pay check of each calendar month, and shall be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City and to the Union. Cancella- tions received by the 15th of the month will become effective on the first of the next month, Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default, 7/4 4 ARTICLE V HOURS OF WORK Section 1. The normal work week will average fifty-six (56) hours, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty four (24) hour shifts, except such members as assigned to other special shifts by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. ion 2. ary dayssontand off maymbermade variations twenty-fourift (24)ashoursent or not ce.changes in No prior notice is required to change schedules in an emergency or in the case of inclement weather. Section 3. Trading of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: a. Two employees may make a mutual request in writing to the Battal- ion Chiefs of the respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are re- quired. b. The Fire Chief and Battalion Chief will approve or deny the request, but permission to trade will not be denied without reason. c. The employee receiving the work shift off in the exchange shall Pay back the employee taking his/her place, as required by the law. d. The substitution may not impose any additional costs on the Employer. In the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4. Staffing. The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. Section 5. Pay outside of classification. If an acting temporary appointment out of rank is made by the Fire Chief for a period which exceeds 72 consecutive work hours, the employee so appointed will be paid at the rate of 4% above his/her current salary/hourly rate, Such pay adjustments will be retroactive to the original date of assignment. Such appointments will be made by the Fire Chief as follows: a. Firefighters acting out of rank: In making temporary out -of -rank assignments the Fire Chief will look to the Firefighters assigned to the station affected. Of such Firefighters, a Firefighter on the Lieutenant promotional list will have priority in accepting the 71V assignment. If no Firefighter appears on the Lieutenant promotional list, thin e senior Firefighter at the affected station will have theostation doenotnacceptthe athenment. If assignmentththeiFirefighteramoving to the affected station as the replacement will then be offered the temporary out -of -rank assignment. b. Lieutenants acting out of rank: In making temporary out -of -rank assignments witthe ccnsiderateon will a shire among Lieutenants ieute a ton such Captain promotional list.the The Fire Chief reserves the right to assign temporary out -of -rank assignments if no personnel voluntarily accepts such assignment. The Fire Chief reserves the right to establish minimum standards for persons given out -of -rank assignments. Section 6. Excused Tardiness. Employees shall be allowed two (2) fifteen (15) min u a Pena y- ree ardiness' annually, This provision shall only be applicable in situations involving unintentional tardiness. ARTICLE VI OVERTIME Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end called back to work for fire dof twenty-four (24) hour shift or who is from the Officer epartment activities. Prior authorization in charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request noto do so because of physical inability as determined by the Chief or his/her designee. Overtime is voluntary where overtime assignments are made over seventy-two (72) hours in advance; provided, however, the right to refuse an overtime assignment shall be limited to the first three (3) employees asked to report to work on a particular work day. Thereafter, overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1-1/2) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor, The Chief will consider departmental staffing needs, finan- cial considerations, and employee preferences in determining whether shall overtime is paid or compensatory time given. In the event that the Chief overtimestworked willtabeicompens tedexclusivelthat for ome period of time all compensatory time off, such policy will be declaredbywrittenpnotior b ce to the bargaining unit. Upon termination the employee will be paid for all 7/4 _y remaining compensatory time. If an emergency situation occurs, as determined by the Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at t the first full pay period of the new fiscal year, he end of and who Section ll calledled �in�' in ma employee ergencyo situationewitho t work day notice will be paid for a minimum of two and one-half (2 1/2) hours. If the emergency call-in takes more than two and one-half prior employee will be compensated for time spent. Minimum call-in(/w)illobespthe aid at the overtime rate. Section 4. Calculation of Overtime. Generali recorded on the basis 7 T -'x minu a segments, and aneremploye�lml be ust work an entire segment to be credited with one-tenth (1/10) hour for overtime. However, in the case of retention time, an employee will i receive one work hour of overtime far any part of an hour of previously authorized work. to to theE.g., if a unit is called out at 6:30 A.M. for a fire and are unable eh crew receivedrnauthoriiationttoo answer theuntil0call A.M., illacreceive one member who hour has overtime. In the event that the crew is will to stay until 8:20 A.M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest ane -tenth (1/10) hour and the employee would receive 1,3 hours of overtime. ARTICLE VII SPECIAL LEAVES Section 1. On the Job In'ur Upon application the City may grant a leave of absence wit pay in the event of an injury or illness of an employee while at work provided the following conditions exist: a. The injury or illness arises employment, out of the course of City b. The City's medical advisor determines that time off work is required, If the above during the remainingvtimenonatheaworkcshifpliablet whenleavethetinjury occurs and for wih pay will be ranted a period of up to two (2) working shifts thereafter if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) shifts in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to other accumulated leaves or if all leaves are exhausted, to leave of absence without pay. If the City is reimbursed by the Fire Pension Board for days when an employee is using return to the employee sick leave for on-the-job injury, the City will such sick leave. 7/'i Section 2. Funerals two (2) shifts An employee will be compensation peY incident as determined b granted u father t0 attend the funeral Y the Ch-uief to a maximum of stepparents of his/her with no loss of IossAofemPlOyee will be granted or spouse, children, mother, compensation p to one grandparents I . Y time to attend nor loss of accrual fromssick per occurrence with no for grandparents the funeral of his/her annual permanent membersaw aunt or uncle mother -in -la °r compensa- of the immediate brother-in-law, father -in law, If additional time is needed household. sister-in-law, or to one (I) shift of accumulated an employee shall be Chief or immediate supervisor, sick leave Permitted with the approval of to use rup e Section 3, the Fire Leave of Absence Without Pa A leave of em is a predetermin amount of ployee, recommended time off work of absence without Manager. Generali by the Fire • which has been requested termination of y' such leave shall Chietwaandepproved btheCity work an Y such leave °f not exceed (12) Months, he Upon compensation same range and step absence, the on the same basis P as when employee shall reurn to his/her regular as if he/she left and will receive I f the nature of°soition without leave he/she had continued to exist or that an ° Aerations has than provided that, durin work at not will be Penang for the ged so that similar g that period, the City forfwhich thecemplos 70 SO yee nareasgeorexists work te employee suchln the event an employee otherwise qualified other vacancies at resigneda or °r extension he/she t0 return to work If applicable shall be deemed at the end of any prior to such leave. Duran ' voluntarily retired to have voluntarily 9 a leave of absence on the last day of work a• cannot without pay, the employee: in duration; etirement contributions if the leave exceeds one month b. shall not receive any other accruals or period of absence; c• shall not acquire additional senioritySob benefits during the specified bythe case fthis Ageementdicai disbilityg oridwhere e otherwise except d. shall otherwise not earn sick, vacation, or other leave; e. must use all accumulated vacation to which prior to the time that the leave without he/she is entitled must pay prorated Pay commences. falling due during an mon dental and life insurance premiums if coverage is desired month emPloyee is not on the I. For an ows: Payroll, leave Y calendar month during which the employee is Is desired, ten calendar days and insurance the Cit °n unpaid premiums for Medical, Dental and the cost of the insurance Life insurance, insurance •1Y _I Z. For any calendar month during which the employee ;s on unpaid s and insurance coverage ;s must pay 1/20 of the insuranceepremium leave in excess of ten calendar ay that the employ e is on desired, the employee be and ten days premium will be for each calendar day Y unpaid leave of absence. The remainder of the p paid for by the City- ee may e which insurance coverages, 3. The employchoose if any, are to be retained during the unpaid leave of absence. to be retained the employee may be a due to the employee. q. Payment for insurance coverages desired y deducted from current or future pay the Failure to return dfrom11aresIIIultidinitheeCityYe insurance coverage was individual for ceossspaw�i och would otherwise have been deducted from the emp Yethrough e.) for the Fire Chief may waive the above calendarodays- leaves of absence not exceeding ten ca summoned for jury duty shall Jur Dut An employeebe made to i Section 4. ression activities. notify the City so t at a request to the Courtfire in writing may employee excuse the employee because of the nature of City P alar thecomemployee In the event that tno he such emnsation ployeeest is shall receive his/her Service and the City is not excused, time spent in jury from the City for all regular duty service. Compensation for Pay earned for such juryservice. An employee shall report shall receive the a retained by the employeeur duty travel expenses may to the assigner work area both before and after time spent on jury for regularly ee shall be granted leave with Pay Section 5• Witne�ees. An employ ur ose of testifying in al summons, when such appearance arses dandcthe when required to be absent from work for the p firefighter, court in response to legons as ensation paid from his/her ty shall reduties the w btnessifees up to the amount of comp to to the employee for days testified. will comply with the Code of Section 6. Milttar Leave. The City Iowa on militaryleave* An employee shall be permitted to vote Section 7. Voting Time or local election lifit is availab of during the work day n any national, state, Off hours. reasonably possible for him/her im/ to hintIowae d rCity. transportation will be provided re Want employee shall be enti Section B. Pre nano: Leave. A P g a leave of absence wit out pay if she is disabled as a result l pregnancy the Fire Chief prior to the their or related cause at such shall of her accumulated leaves. A employees requiring may work during pregnancy if anticipated date of birth and should be able to substantiate condition by a doctor's statement. Employees health permits. P/'q Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. able. An employee who takes a leave pursuant to this section shall return to work as soon as she is medically ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays permanent employees: New Year's Day (January 1); Washington's for Birthday (third Monday in February); Memorial Day (last Monday in May); Independ- ence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to permanent employ- ees who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred twenty-three (123) hours of holiday credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on the day of the holiday and continue a period of twenty-four (24) hours thereafter. s for Section 4. Part-time employees will receive holiday pay on a pro rata basis. Section 5. Holidays or personal leave days shall not be carried beyond July 1 of any year. Section Definitions. eain"Continuous employees" used article include— rsonnelwho areworkingotwenty-four (24) hour shifts. 714 _1 10 ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumu- late unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Upon retirement, the City shall pay for one-half (1/2) of the accumu- lated sick leave on the basis of the employee's current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termina- tion. Section 2. Use of Sick Leave. a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for; (1) On-the-job injury; (2) Serious illness or hospital confinement of a spouse or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, as well as any other relatives or members of the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence, provided the employee's presence and efforts are needed. Critical illness is defined as a life threatening illness or malady. Serious illness is one in which the ill person is incapacitated to such a degree that he/she cannot alone adequately provide for his or her daily living needs. Section 3. Notifications. An employee shall notify his/her supervi- sor as soon as reasona6>y possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given prior to the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of 711 _1 I1 absence without pay. Unusual circumstances result in charging the absence to sick leave. will be evaluated and may sick at work will notify his/her supervisor before leaving An employee who becomes employee who is unable to perform any required duties as a result of illness must leave the work area and 9 the area. An other accumulated leave, or to leave without pay. time to sick leave or Section 4. In the event an employee is injured or disabled on the job employee9s time accumul tedfrom sickwork leaveoordeductions lea eshall unlessmade such employee requires more than two p from the to recuperate and return (2) shifts following the day of the injury in which City,Section 5. While an employee is receiving sick leave a expsslylfforbidden. ment q r Pay °r work for another employer for waiver of this pay from the employee presents evidence from his/her provision shall be pay is the City that the employee'sPhysician to the satisfaction if the of the employee's utes with medical disability but would preclude fulfillment disability would permit work at alternative utsideaemployment.t the of the Section 6. Sick Le I a. Permanent employees in the bargainingunit ! Bank if they have exhausted their owsick leaveraccumulation aw from a cand eare j seriously ill. Hours of sick leave shall be I by bargaining unit members who have reached the nmaximum dato the bank ccumulation Fy sPerioldeave (2160 hours or 90 shifts) at the rate of 5.54 hours per b. Employees waccrual ho use Sick Bank days will repay the bank at the regular f notkreturn to work sore who failrtoeaccumugto late aosufficient amount of sick leave will a Employees who do except for thosepcasescwhere the joint C ty-Unionank from other ed leave or committee �n cash, such payback due to the death or permanent disabilit i Ployee. Y waive Y of the em - c• A joint City -Union committee will administer the use of Sick Bank days by empone loyees. The committee will be made up on one Union representa- the two representatives representative and one person chosen b when sick leave may be8ank used, Administration Committee will y determine time which any employee may used, the ion procedures, the length of after exhaustion of sick leave before lemployees th the waiting amount of time before which days must be paid back, and other riteria for using Bank days. Y borrow time, The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire unit and will develop policies to protect against abuse b als. y individu- d. The City will contribute 500 hours of sick leave to the Bank as of July 1, 1987. No individual may use more than six (6) shifts during any fiscal year under the terms of this Agreement. yi4 12 ARTICLE X VACATIONS Section 1. Accumulation by month according to— t�ow��gascheduletions all be earned and accumulated Length_ ofService Hours Per HoursPer= 0-5 years 12 hours (6 shifts/yr) 144 5 years 1 day -10 years 16 hours 10 years 1 day -15 years 18 hours (9 shifts/yr) 192 15 years 1 day -20 years 216 More than 20 years 20 hours (10 shifts/yr) 240 22 hours (11 shifts/yr) P64 The benefit yearmas definedoinhArticleiXXVII, Section y1, shall bentwochundred eighty-eight (288) hours. Vacation time may be used on an hour -for -hour basis provided reasonable notice is given in advance and subject to the i Fire Chief's approval which shall not be withheld without reason. Section 2. Use of Vacation, An employee becomes eligible to use vacation time a er e s e as been on the payroll as a full-time fire fighter for a period of six t (This may occur prior to the completipermanent Between November 1 and December 31 each battalion will schedule on of probation,) shedule vacations using the following procedure; The Chief will indicate the minimum number of persons of each rank who must be working. Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a With first others cfollowi gthe sin o derrofturn. person indicate a second choice, Unlessbe an employee expresses his/her choice within two shifts, he/she the l Union nrepreentativto e ewillf monei'tor turn .the procedureThe for Chief choice Battalion sof vacations. Section 3, pa Ment of Accumulation. Upon resignation or retirement pafter six (6) moot,,, conc�� Service, an employee is eligible for patednvacation leave atsthewcurrenthundrebase rate of pay, d eg y" 9 (288) hours of atcumu- ARTICLE XI UNION A� CTI= Section 1. Union Meetin s for union meetings f or ree per month. Employees on duty The Union may use the All-purpose Room ma(3) hours not y m attend with the Battali ore often nhaChiefcs 67,� _1 13 permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend. Section 2. Documents. Documents belonging to the Union may be stored at the Central s a ion in the same manner in which they are currently stored. Section 3. State Convention. Two bargaining unit members from different shifts may ave up o two shifts off duty to attend the annual meeting of Iowa State Association of Professional Fire Fighters Conven- tion, The Union will designate in writing who will attend the convention ten (10) days prior to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. State Officers. State officers shall be given up to two (2) shifts off duty to attend the annual meeting of the Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. Ne otiations. In the event that the parties to this contract determine a u ure negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms, The City will provide any uniforms and equip- ment which are required for employees. The following uniforms will be provided: Uniform cap Necktie 3 summer shirts 3 winter shirts 3 dress pants Work gloves and mitts Winter coat 3 work pants 2 tee shirts Sweatshirt Spring/Fall jacket Belt Fire Fighting helmet Turn out coat Bunker pants Day boots Night boots 1 pair work shoes Department patches/badges Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specification as to color and style. Replacement of the above equipment will be by the City upon the Chief's determination of need. _1 14 The City will compensate unit employees for the replacement cost of eye glasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will pay each bargaining unit employee $50.00 annually toward cost of cleaning uniforms which require dry cleaning. Such payment shall be made as of December 1 of the Contract year. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance po icy nown as a ue Cross/Blue Shield "Iowa 500" two-day deductible plan for employees and eligible dependents. The City st electwillto obtainay family nth or coverageull duringilthe termofothisfor agreemmentes who The City shall not be prejudiced in future collective bargaining by paying full family health insurance premium costs that are in excess of $135.00. A pro rate share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated "Iowa 500" plan are set forth in Appendix "B". Benefit coverages are based on usual, custom- ary and reasonable rates. Disputes regarding specific claims addressed to the insurance company and are not subject shall be to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. Section 2. Life Insurance. The City will insurance policy fprovide a term life or emp oyees t e face value of which is an amount equal to the next even thousand dollars greater than annual salary. E•g., If an employee's annual salary is $12,240, the face value of the life insurance policy is $13,000, In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The city will provide dental for employees. Fam y dents iinsurance nsurance will be made available to the employee at the employee's expense. The City will pay $7.00 per month or full individual premium cost for employees during the term of this agreement. The City shall not be prejudiced in future collective bargain- ing by paying full individual dental insurance premium costs that are in excess of $7.00. A description of the provisions of the negotiated Delta Dental plan are set forth in Appendix "B", Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company an procedure of this agreement. d not subject to the grievance 7/4 _.T 15 ARTICLEXIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits Of the Ci and Of Iowa Cit , which the/shehe plwouldee shave receive every benefit,right, been entitled had said duties been performed within the corporate limits of Iowa City. ARTICLE XV TRAINING The City and the Union agree that training and rdevelopm nt ofnemplo employ - the within the bargaining unit is of p y maintaining high standards of fire protection o ees n acquiring �the enknowledgea City. The City agrees to assist emp y skills and attitudes needed to perform the workamdosteCofn myiwithino the extent that there is an increase in efficienncwill be maintained based Fire Department. A continuous training program on need as determined by the Chief. Self development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. ort and administer the Apprentice The City and the Union agree to supp Program (Department of Labor) currently in operation. away When they are required loyeesywill beCity reimbursed foriexpensesnvinikeeping from the statiemployees P y such expenses. Compensation for with City procedures for reimbursing P required training will be by prior authorization on the basis of straight time for actual hours spent in training. Chief, reco nizes the Subject to the disccrretion r areas such ashCiof the ty will such � need for training appropriate. training when deemed appro P ARTICLE"' BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to post notices. The Fire Chief will boards flblackboards, ndnal review of eother posted or displayed on walls, bulletin similar- surfaces in the Fire Department. ARTICLE XVII PERSONNEL TRANSACTIONS receive a copy of payroll transac- other documents which will be used for or discipline within thirty (30) days files. Section 1. Employees shall tions, performance evaluations, and purposes of promotion, evaluation after documents are placed in their 11N __7 lh Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. The City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Past infractions will only be removed if an employee goes twelve consecutive months without any disciplinary action whatsoever noted in his/her record. Section 4. Upon request, each employee shall receive a copy of his/her job description upon permanent appointment to the position in question. ARTICLE XVIII DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a certain amount�o discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Employees shall elect to pursue appeals of discipli- nary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days from the date it has clear notice of the facts constituting an infraction. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed; 1. Oral reprimand or warning (to tion of same at the time of one working shift after such 2. Written reprimand or warning 3. Suspension with loss of pay 4. Discharge be accompanied by written notifica- such disciplinary action or within action) Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. ARTICLE XIX TRANSFER PROCEDURES Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the _.I 17 battalion, and personnel the rank and senior it consideration v�by ng certain qualifications Generally,by the will o within y Of the the ba and the need for Vol the Chief be battalion, tions:Y transfers will takeen far emergency circumstances Place under one of two condi- a TWO (2) employees desire to trade b A vacancy exists on another battalions, OR, battalion, Nothi�Ployees may make more than one voluntary fers, g in this limits the Chief from making transfer per year, g involuntary trans - SUPPLEMENTAL LE X% Section 1. EmployeesEMPLOYMENT employment doe may have outside the satisfactorynot conflict with the tsi employment that such or impartial Y hours of thProvided rem ided that such employment does not adverse mance of their d employee or with Section 2, Y affect the uties and provided outside em to The the agrees City. employment or empl �hecemnloyee willonotifYythee Fire Chief of his/her thispgrtj�le uch Outside employment us Th- Fire ir he Chief provisions Of ire Chief when outside the right to Section 1 of ARTICLE XRI SA Section 1, the persona) The City and the Union fire personal safety of individual recognize risks than fighting is a hazardous employees on 9nize the importance of other activity which the job and recognize that I employment or activities, subjects an individual to Section p more provided to � Periodic trainin have access po rot who engage in ghazardousin afwork matters will be Property and equipment cofvtheear Citas required by law. Employees will performed ant of used, Y with due care Employees will use appropriate to the work defect not by him/her who operate o P soon as possible, in said equipment to ui ment shall the immediate report any Section q, supervisor as representatives Safet Committee, q and make recommendations safety duties to the and Union committee composed of shall include but Fire Chief will act not be limited 7p the area as advisors a• Conductingto: of safety. Their b• Investigation )ectures as needed, to the Fire Of accidents and injuries and Chief on steps to take to making prevent a rg reCOmnendations recurrence. 18 c. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Safety and related topics. ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. Section 3. Re resentatives. The Union will certify to the City the names of three ( represen a Ives and three (3) alternate representatives for the purpose of representing fire department members in the investigation and presentation of grievances. Not more than one repre- sentative will represent a grievant for any one grievance. The represen- tative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this con- tract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant by so doing waives the right to exercise any other options available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Section 5. Procedure. A grievance that may arise shall be processed and settled in f F -Mo lowing manner: Step _1. The grievance shall be presented orally for discussion Fe a the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following comple- tion of Step 1, present three (3) written copies of the grievance 7/y _.I 19 signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated repre- sentative), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a state- ment from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or representative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. Step 3. If the grievance is not resolved at Step 2, the grievant or i representative may submit the grievance to the City Manager or his/her designee within seven (7) calendar days of the completion of Step 2. The City Manager will investigate and respond to the grievant within fourteen (14) calendar days following receipt of the grievance at Step 3. The City Manager will meet with the grievant and his/her represen- tative if such meeting is requested in writing. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the City Manager's response at Step 3. Copies of any such request by an employee will be furnished to the City and the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given, if the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Con- ciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have but the to add to a apply, btractd enfoce from,ror modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of tgrievance, their witnesses and representatives he shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost e ivied equallybetween othe rparties otoathis nd recontract. cording theThemostholfl ab certified court reporter, if requested by the arbitrator, shall be divided equally between the parties, each party will pay for the cost of its own case preparation and for expenses of its witnesses. 7N 99 Section 7. Grievance Committee. The Grievance Committee shall consist of three persons esigna ed by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. The function of the Grievance Committee will be to meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this contract. ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa. Section 2. The City and the Union agree they will not act to dis- criminate because of race, creed, color, sex, age, or nationality unless the reason for the discrimination is job-related or otherwise allowed by law. The parties agree that complaints alleging violation of this section shall not be subject to the grievance/arbitration provisions of this contract but rather, shall be brought before the appropriate state or federal forum. Section 3, Parking. No fewer than ten (10) parking places in the Civic Center lot will be held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. There will not be an increase in the rate for parking of $10.00 per month for members of the bargaining unit during the life of this Contract. The City will assume no increase in responsibility in admini- stering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union repre- sentative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocer Du er. The grocery buyer for each shift may use a City vehicle if ova a e at times and in areas designated by the Fire Chief. Section 5. Forty-five (45) copies of the new contract will be provided to unit employees as soon as is practicable, if the Union wants additional copies, the City will provide at cost. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. 11i4 21 ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and condi. tions of this Contract shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the author- ized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. The Contract supercedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 1987, and June 30, 1989, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any exten- sion thereof. ARTICLE XXVII WAGES Section 1. The effective date of compensation and benfit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. IN 22 Section 2. The base pay of each step for the Iowa City Fire Depart- ment Firefighters, Lieutenants, and Captains will be increased by three (3) percent at the beginning of Fiscal Year 1988 and by three (3) percent at the beginning of Fiscal Year 1989, said adjustments to become effective on the appropriate dates as defined in Section 1 above. A copy of the pay plans for FY88 and FY89 are attached to this agreement as Exhibit A. Bargaining unit members will be eligible for salary adjustments to the next step as follows: Step B - after six (6) months at Step A. Step C - after six 6 months at Step 8. Step D - after one 1 year at Step C. Step E - after one (1) year at Step D. Step F - after one (1) year at Step E. Step increases shall be granted only after the employee has achieved a satisfactory rating as determined in the discretion of the Fire Chief. Bargaining unit members promoted to the ranks of Fire Lieutenant or Fire Captain shall receive the greater of a one step increase or increase to the salary range minimum upon promotion and shall be eligible to receive a one step increase, not to exceed the salary range maximum, one year following the promotion. i'. ARTICLE XXVIII OTHER COMPENSATION i Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two (2%) percent of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer Price Index (CPI -W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be May, 1987 for FY88 and May, 1988 for FY89. c. Cost of living computations will be made quarterly to determine the percent difference between the CPI -W for the base index month and for August, November, February, and May of each applicable fiscal year. d. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two (2) percent of an employee's base salary for the quarter in question. Further- more,any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary 0114 23 Of any employee but shall be paid on a one-time, basis. Payments made for the remaining non-recurring three (3) quarters, if any, shall be included in the employees base salary. e. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article %XVIII, Compensation of this Agreement. Section 2. Lon evit Pa A payment will be made to permanent full-time employees as o ecem er 1 of each fiscal year to reflect years of service with the City according to the following schedule: Length of Service on December 1 5 years 1 day - 10 years $200.00 10 years 1 day - 15 years 275.00 15 years 1 day - 20 years 375.00 20 years 1 day + 475.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. Section 3. A payment of $525 will be made to each permanent full-time bargaining unit employee as of December 1 of each fiscal year. In the event that an employee terminates for any reason after December 1, he/she will segments). bu se the For example,, anem this mployeepwhoent retioresaon Januaroratry 1, wil�mreturn $200.00 of the December 1 payment. Section 4. Each permanent, full-time bargaining unit employee who is a duly certified Emergency Medical Technician as of the first day of the contrshallact receive benefit paymentdas of oneef inehundredidollarsl($100V0) Section 1 above day of the fiscal year. 0tsecond ARTICLE XXIX USE OF TIME OFF Policies governing the use of holiday, compensatory and vacation time Will apply uniformly on a departmental basis. Once holiday, compensatory and vacation time is approved and sched- uled, its use shall not be denied due to attendance at training sessions by other shift personnel, unscheduled absences of non -bargaining unit personnel (except for sick leave), position vacancies greater than six (6) consecutive months due to termination of employees or creation of new Positions, or on a purely arbitrary basis. IN -I 24 CITY OF IOWA CITY, IOWA IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610 BY: BY: ATTEST: y Date: May 12 1967 Date: Mal3,, f 7 U 8 Approved wa+vp /F7 114 *56 hour work week EXHIBIT A 4 5 6 FIRE PAY PLAN 25, 1988) 35-01 Hr FY88 (June 27, 1987) POSITION TITLE Fire Fighter* 1 2 3 35-01 Hr 6.97 7.27 7.59 Fire Fighter* Biwk 780.64 814.24 850.08 9.70 Ann 20,296.64 21,170.24 22,102.08 36-01 Hr 8.62 9.00 9.42 Fire Lieutenant* Biwk 965.44 1,008.00 1,055.04 10.57 Ann 25,101.44 26,208.00 27,431.04 37-01 Hr 9.42 9.82 10.26 Fire Captain* Biwk 1,055.04 1,099.84 1,149.12 Ann 27,431.04 28,595.84 29,877.12 *56 hour work week EXHIBIT A 4 5 6 FY89 (June 25, 1988) 35-01 Hr 7.18 7.49 7.82 Fire Fighter* Biwk 804.16 838.88 875.84 Ann 20,908.16 21,810.88 22,771.84 36-01 Hr 8.88 9.27 9.70 Fire Lieutenant* Biwk 994.56 1,038.24 1,086.40 Ann 25,858.56 26,994.24 28,246.40 37-01 Hr 9.70 10.11 10.57 Fire Captain* Biwk 1,086.40 1,132.32 1,183.84 Ann 28,246.40 29,440.32 30,799.84 *56 hour work week EXHIBIT A 4 5 6 7.90 8.25 8.62 884.80 924.00 965.44 23,004.80 24,024.00 25,101.44 8.14 8.50 8.88 911.68 952.00 994.56 23,703.68 24,752.00 25,858.56 APPENDIX B IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self -maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: ' One routine annual physical examination in a doctor's office or clinic * Home and office calls needed to diagnose or treat a medical condition ' Immunizations required by a Subscriber or any Person in a Subscriber's family THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient Semi -private room and board Necessary services and supplies Operating rooms, intensive care, coronary and burn care units Delivery room for normal delivery, Caesarean section, miscarriage or .admission for false labor Necessary laboratory and x-ray services Outpatient . Surgery . Diagnositc x-ray and laboratory services . Accident care HOME HEALTH CARE 90/10 Services provided by a Registered Nurse Services prescribed by a physician PHYSICIAN SERVICES 90/10 . How and office vists • One routine annual physical exam • Pre -natal and post -natal care in physician's office . immunizations . Hospital visits and nursing facility visits NERVOUS AND MENTAL 90/10 Outpat eat - go/ 0 to $10,000 Lifetime Maximum. SKILLED NURSFACILITY 90/10 . Un m to INGoom and Board . Services and supplies 714 THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These -,Other services are subject t0 a $100 contract deductible per calendar year Prescriptions Nursing Services Anesthetics Blood plasma Private -duty nursing services . Casts lance Ambu . Crutches Durable medical equipment Air. Ground ,Other supplies when ordered by a physician DEDUCTIBLES AND COPAYMENT Hospital - The Subscriber is responsible for the first two days of semi- private room and board. Per Hospital Admission. Physician - The subscriber pays 10% of the physician's Usual, Customary theand RReas nable9charges including office calls. IOWA 500 coverage pays Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year for medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, hone health care and braces. When the subscriber's expenditures for hospital, physician, and/or other services reach $500 per year. IOWA 500 pays 100% of all remaining charges. If the subscriber's expenditures for hospital, physician, and/or other services do not reach $Soo, the subscriber pays 10% of all remaining charges up to a total maximum expenditure of $500. (Outpatient treatment for nervous and mental conditions is paid 90/10 co -payment until the Nervous andlMenttaalldoesi otMapply tosthetOut-of-po ket maximum. nt CARRYOVER OF DEDUCTIBLE Expenses 7or ov cere services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. sam 0 .._ CMO Servkee i 9mo% $100 dedx tie 9DW10% um ssoo Pw WVJ mmdrmmun %1i Summary of Benefits DELTA DENTAL COVERAGE Delta Dental Plan of Iowa coverage not only provides a variety of benefits but also encouragn timely and ellective dental maintenance. More than 80% of the dentists in Iowa participate in the Delta Dental program. Delta Dental payment is based on Usual, Customary and Reasonable allowances, subject to deductible and copayment provi- sions of the program. Your Delta Dental program includes a 'medical necessity provision which ensures coverage for dental services provided within generally accepted dental practices. Like Blue Cross and Blue Shield of Iowa, the Doha Dental Plan receives claims directly from participating dentists. And we pay them directly, for you. That eliminates claims -handling chores for you and your employees — and eves valuable time and money. To provide a program to meet your company's needs, Delta Dental Plan benefits are available with deductibles, copayments and maxi- mum payment allowances for covered services. These benefits aro combined to meet your needs: INwW" MaIntanana benefit Includes: • Routine checkups at six-month intervals including bitewing x-rays at 12 -month intervals. • Teeth cleaning once every six months. is Topical fluoride applications as prescribed but no more than once every six months. e Full -mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: • Regular cavity fillings. • Oral surgery (including pre- and post-operative care). • Emergency treatment for relief of pain. MOM Ratoratlw benefit covers: • High-cost fillings. • Cast restorations. • Root canal fillings. • Non-surgical treatment for gum diseases. Y0112A IM IY Dolts Dental Plan of lows 7'q _1 YOItl 317N Delta Dental Plan of Iowa RATE QUOTATION PLAN 11 Program Benefits Do"" Copayment SinglalFamily, © Preventive Maintenance (Annual) $ Program Rates• ® Routine Restorative S 2 75 % S0 % © Major Restorative S 5p ❑ Dental Prosthetics S % ❑ Periodontia S % ❑ Orthodontia S % lap n ive Dau % ❑ Dependents to age dfective. ❑ Full-time students Delta Dental Pian ❑ Adults 7/V Program Maximums Single $—B0— per year Family $ - 500 per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates• Single $ per month Family $ _ —. per month These rates guaranteed for 12 months beginning on 7-1-85 level If purchased by —7-1-85 )611)4) 'Rates Quoted here are based upon census information provided and acquiring and maintaining a min m'u1m e�nrlA,ii-IN of get: of total eligible employees for the duration of the contract. �W I V Authorized lap n ive Dau This is a general iption of coverage. It is not a statement of contract. Actual coversge is subject' to the terms and conditions specified in the contract itself and enrollment rpulNions In force when the contract becomes dfective. Delta Dental Pian of law 7/V i _.T SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 510 MARCH 27, 1984 The parties agree that it is their intent that the following additions to the health insurance coverage provisions take effect, from April 1, 1984, until modified by mutual agreement of the parties: a. Mandatory Outpatient Surgery Procedures designated by the Iowa Foundation and suitable to be performed an an outpatient basis must be performed on an outpatient basis to be fully covered by the health insurance. Extenuating circumstances which would make in-patient surgery medically necessary will be reviewed by Blue Cross/Blue Shield if requested by the physician. Designated surgeries which are not performed ross/8 ue Shield, wilon an l paid only at a rate of 50and without % of charrior ges. by Slug I. Maternity Length of Stay Incentive Following admission into the hospital for childbirth, if length of stay for the mother for childbirth is two days or less, as certified by the hospital j bill, presented to the Human Relations Department, the employee will receive a check for $100 (minus necessary withholding). c. Overcharge Incentive Employees will receive 25% of the correction of an overcharge or overpayment when the overcharge/overpayment is initiated and successfully resolved by the employee. (Withholding must be made on all payments to employees.) Maximum payment to employees is x500 (pre -withholding). Documentation of the ployee-initiated corrections should be elem- submitted to the Human Rations Department when the correction is accomplished. Gross overcharges resulting from computer error or similar problems will not be eligible for payment (e.g. received $100 worth of services, billed for $100,000). d. Outpatient Treatment of Substance Abuse This option would make available, but not mandatory, payment for outpatient treatment of substance abuse. Employees wishing to utilize insurance coverage for purposes of substance abuse treatment must submit to evaluation by a substance abuse treatment agency selected by the City prior to treat- ment. IOWA CITY ASSOCIATION OF Cr OF CIT PROFESSIONAL FIREFIGHTERS, IIAAFF, AFL-CIO, LOCAL 1610 BY: 5t—le Date: 1044441 f �9�y Date: Li- L- r4 7/4 SETTLEMENT AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 610 MAY 2, 1986 The parties agree that it is in their interest that the following terms of agreement be enacted supplementary to the existing FY86 collective bar- gaining agreement, the effective term of the settlement agreement to be from July 1, 1986 to June 30, 1987. 1. Effective 7/1/86 the base pay of each step of the Iowa City Fire Department Firefighters, Lieutenants and Captains will be increased by 3.5%, said adjustment to become effective on the appropriate date as defined in Article XXVII, Section 1 of the FY86 collective bargaining agreement. 2. Parking permits. Members of the IAFF Local 610 bargaining unit shall be required to pay parking fees for permits in an amount equal to that charged other City employees who park in the Civic Center parking lot. 3. It is understood that the Fire Chief is contemplating recommending to the City Manager the purchase of the following clothing and equipment items for bargaining unit employees: A. T-shirts. B. Nomex hoods. C. Masks/face pieces. 4. Temporary vacancies. The Association agrees that it has no complaint as to the method of the Fire Chief in filling temporary vacancies which exist on 5/2/86. 5. FLSA. The Union does not object to the current method used by the City in paying FLSA monies. 6. The prohibited practice charge filed by the Association will be held in abeyance pending approval by the parties of this agreement. Should the agreement not be approved, the parties will continue the litiga- tion by submitting the case in affidavit and stipulated facts with the appropriate legal argument and without need for an actual on-site hearing. 7. If the terms of this agreement are approved, the underlying prohibited practice charge giving rise to this agreement shall be dismissed by the Association with prejudice. 8. It is understood that the remainder of the FY86 collective bargaining agreement between the parties will remain as is except as modified by the terms of this agreement and as required to make date changes in Articles XXVI, XXVII, and XXVIII. 7i4 -2- IF IOWA CITY IOWA CITY ASSOCIATION OF PROFES- SIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL #610 8y: esi ent e 17, 1986 Date: # er c J Ivsq 8 FFp loeal n1 W, r,, l> RESOLUTION NO. 87-108 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1, 1987, THROUGH JUNE 30, 1989. WHEREAS, the City of Iowa City, Iowa (hereinafter the City) and the Iowa City Library Board of Trustees and the American Federation of State, County, and Municipal Employees, Local #183, AFL-CIO (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 1987, through June 30, 1989, a copy of which Agreement this reference made a part hereof, and is attached to this resolution and by WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT 1. The above -referenced Agreement between the City and the Union approved by the City. is hereby 2. The Mayor is hereby authorized and directed to sign and the City Clerk to attest the Agreement. It was moved by Zuber and seconded by Dickson the Resolution be a op an upon ro call there were: AYES: NAYS: ABSENT: X X Ambrisco X Baker X Courtney Dickson X McDonald X X Strait Zuber Passed and approved this 12th day of play 1987. MA AOR i ATTEST:�� U1 CLERIC tvcd ° app�ovad ilaparlmant /8j 011T I I I I is AGREEMENT BETWEEN THE CITY OF IOWA CITY THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY, AIJD MUNICIPAL EMPLOYEES LOCAL 183, AFL-CIO JULY 1, 1987 THROUGH JUNE 30, 1989 pie TABLE OF CONTENTS Page PREAMBLE....................................................... 1 ARTICLE IARTICLE 11 2 ARTICLE III MNOASTRIKE-MANAGEMENT ..............3 ...... ARTICLE IV - BULLETIN BOARDS,,,,,,,, ARTICLE V - BUSINESS AGENTS .................................... 3 3 ARTICLE VI - DUES CHECK OFF .................................... 4 ARTICLE VII - HOURS OF WORK......: ............................. q ARTICLE VIII - OVERTIME . ............................ 4 ARTICLE IX - HOLIDAYS .......................................... 11 ARTICLE X - VACATIONS .................... ...................... 12 ARTICLE XII -SicK SPECIALVLEAVES ...... .,,.,,:...................... 15 ARTICLE XIII - SENIORITY ....................................... 19 ARTICLE XIV - DISCIPLINE ....................................... 19 ARTICLE XV - INSURANCE .............................. ARTICLE XVI - SAFETY ........................................... 23 24 ARTICLE XVII ERSONNEL SACTIONS ARTICLE XVIII-PCLOTHING AND NEQUIPMENT ......................... 25 ARTICLE XIX - RECOVERY AND REHABILITATION PROGRAM,,,,,,,,,,,,,, P6 ARTICLE XX - GRIEVANCE PROCEDURE ............................... P6 ARTICLE XXI - PAY PLAN ................ ARTICLE XXII - AUTHORIZED REPRESENTATION..,. ENTIRE AGREEMENT, 29 ARTICLE XXIII -A GENERALND E CONDITIONS ....................... 30 ...... 30 ARTICLE XXIV - DURATION OF AGREEMENT,,,,,,,,,,,,,,,,,,,,:...... 31 ARTICLE XXV - SAVINGS CLAUSE,,,,,,,,,,,,,,, ,,,, 31 CLASSIFICATION PLAN ............................................ 32 7166 AGREEMENT OF THE CITY OF I01•!A CITY and THE IOWA CITY LIBRARY BOARD OF TRUSTEES WITH JOHNSON COUNTY AREA PUBLIC EMPLOYEES, AFSCME, LOCAL #183 PREAMBLE This agreement is executed by the CITY OF 101 -IA CITY, Iowa, and the Iowa City Library Board of Trustees, and the Johnson County Area Public Employees, AFSCME, Local #183. Unless otherwise stated, the word "City" will refer to the City and to the Library Board and the employee organization will be called "Union". Throughout this Agreement members of the bargaining unit are referred to as "employees". It is the purpose of this Agreement to promote and ensure harmonious cooperation and understanding between the City and the Union to ensure collective bargaining under the laws of the State of Iowa, as well as City�and 7the rUnion c es of the t to stablishsalariIowa terms CittIt is the employ enconsistent purpose with the availability of public funds and with the goals and purposes of the City Charter. The City and the Union jointly pledge their cooperation to work together in the public interest to provide improvement in the effective- ness and efficiency of the services offered to the citizens of Iowa City. The parties agree to the following specific provisions; 1 7/S _I ARTICLE I RECOGNITION Section 1. The City of Iowa City, Iowa, recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargain- ing agent for all City of Iowa City employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employees Relations Board on February 2, 1976. Section 2. The Iowa City Library Board of Trustees recognizes the Johnson County Area Public Employees, AFSCME Local 183, as the sole and exclusive bargaining agent for all Iowa City Public Library Employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa City Public Employee Relations Board on February 9, 1976. Section 3. Sworn police officers and firefighters as well as all supervisory, confidential and temporary employees and others who are excluded from the laws relating to collective bargaining in Chapter 20 of the 1975 Code of Iowa are excluded from the terms, conditions, or application of this Agreement. Section 4. The City agrees that it will not sponsor or promote, finan- cially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Agree- ment, nothing herein shall be construed to restrict, limit, or impair the right, powers, and authority of the City under the laws of the State of Iowa th and e City's ordinances. These rights, powers, and authority include, but are not limited to the following; a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. c. To hire, promote, transfer, assign, classify, schedule and retain employees within the operation of the City government and to develop and maintain qualifications, standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. 2 7'0 9• To determine the amounts, employees and the definition methods and procedures h Tat d to f overtime and ' necessjt for compensating ranine and the method of cora compensating allocation of, and equipment implement the methods g Overtime. be condut, and assignment of personnel b means, tools subcontract includjng but not 1' y filch its locations, i• To take work, imited to the ri operations are to such actions ght to contract and j• To initiate, prepare as may be necessary to carr k• To exercise all Powercertify and a Y out its duties admin' its budget, mission, granted to it by law ARTICLE III NO STRIKE --NO LOCKOUT engage Section any' No Strike, No where Cit s stIc e y City fa to qty covered any this Agreement shal l Agreement Y services performed Y location A to If any strike shall take durjng the life and �" the City employees engaging in such activitiesace duration Publicly declare that the Union will inmediatel of this unauthorized, such activity t° cease and desist Y notify Of their em Employees in the bar �s m violation of and it shall any labor Ployment, shall not re unit unit this Agreement and is P to cross an' while acting in the Of duty, The Cit when called upon to cross such°ket line course crossing y will make reasonable Picket li�etablishd by the Ar 9 cle ket lines, Any employee en aefforts to assure enpl°yeensafetthe l�ne discharge b shall subject to g ging in an Y in be Y activit Y the City, immediate di any y in violation Of Section Y action including the to Z' No Lockout nn of this Agr-. The City agrees not to lock out employees during ARTICLE IV BULLETIN BOARDSSection I. The City shall assign space as currentl boards for the Union to cont the Human Relations Director. notices, is shallY t y provided provided tin libelous material, or material Notices which shall to ees. Union notices will be limited �to des ii uri usp coe$thetPoliticalor atrial, ARTICLE V BUSINEBUSINESSAB= Section I. The Union shall have the r' exceed two (p) persons at any one facilities only during right s designate ing matters 9 regular workingtime, who shall have relating to the administraionurs, for the Of this Purpose Agreement. agents, access to ocity Of investigat- 7/5 Section 2. The Union shall notify the Human Relations Director after making such designation. Any such investigation will be conducted so as to not interfere with City business and any such agent will comply with City safety, security and other regulations. Notice will be given to the Depart- ment Director or designee when a business agent enters City property or facilities. City employees may not spend working time to meet with business agents unless specifically permitted by another provision of this Agreement. ARTICLE VI DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will certify the amount of dues to be deducted and the structure of the dues scheduled in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Dues will be deducted from the first pay check of each calendar month and will be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City and to the Union. Cancella- tions received by the 15th of the month will become effective an the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE VII HOURS OF WORK Section 1. Definitions. Tem orar Mopes ees - Those who regularly work less than twenty (20) hours per wee c, regar ess of length of employment; or those who work in a position which is authorized for less than nine (9) months. When a temporary employee serves greater than nine (9) months averaging twenty (20) or more hours per week, the parties shall meet and confer as to the status of such employee; provided, however, such employee shall accrue sick leave, holiday and vacation time (prorated if part time) and shall accrue seniority for purposes 7/5 _.T of bidding pursuant to Section 5B of this Article. The parties may agree to waive the nine month provision in cases involving specially funded employees. Waiver of such requirement will not be unreasonably withheld. Casual Employees - Persons employed for brief, irregular periods or those who perform work on a periodic basis. Seasonal Employees - Those who work in positions which relate to regular periodic weather or climate conditions, or who work in positions which relate to phases of the school year. Permanent Employees - Persons who are appointed to authorized budgeted posiEions a4nn wwno nave completed a probationary period upon initial employ- ment with the City. Full -Time: Those who regularly work forty (40) hours per week. Part -Time: Those who are assigned to work less than a forty (40) hour week; generally the assignment will be based on ten (10) hour -per -week increments. Section 2. Reoular Work Week. A. Definitions - A day will be defined as the time between 12:01 A.M. and mime n — �`ig6T_,7wenty-four (24) hours later. A week will be defined as the time between 12:01 A.M. Sunday and midnight Saturday. Holidays and paid leaves shall count as hours worked. B. Permanent Full -Time - Five Dalerations - The regular work week for permanentu - ime emp oyees s a egin on Monday and extend through Friday and shall consist of five (5) consecutive, eight (8) hour days. C. Permanent Full -Time - Continuous Shift 0 erations - (Work is regularly scheduled24 ours per ay, seven ays per wee The regular work week shall consist of five (5) days of eight (8) consecutive hours for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees assigned to continuous shift operations may meet and confer with their division concerning shift scheduling. D. Six and Seven Day Operations - The regular work week for permanent full-time emp oyees s a consist of five (5) eight (8) hour days for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees whose schedules regularly vary from this pattern will be covered by letter at the time the variation is made. (Example - landfill employees.) Section 3. Scheduling. Regular work schedules will be posted on departmental bullet�ds within each division. Any performance change in the regular work schedules for a division will be posted at least ten (10) days in advance of the change. 5 7/5� To the greatest extent possible, temporary adjustments the in the work Is will be given inthecase beginning of n of schedule of individuaemergencies, inclement notice as possible will be weather, or unexpected absences. jular HosThe the Section 4. Changing the changesur�no the rregular work ty wweek ill noand ywill Union in advance o permanent discuss such changes if requested. Section 5. Temporary and Part -Time Employees. A. Permanent part-time employees shall be assigned a regular number of hours per week for the purpose of determining the City's borated onenefit nthe bnumber Benefits to permanent part-time employees will be pof of hours to which the employee has been assigned pursuant to Section 1 h this Article. Occasionally the hours actually worked will vary from the mum ount work eed to assigned number. eNo lomee�whosem hours factuallys worked tregular part-time rexceed employees. Any P Y purpose of his/her assigned hours shall bereassignedaforedetermination of proration of benefits. An employee grievance his/her assigned hours or proration of benefits through the procedure. Nothing in this morection hhs/herequ e a ermanent part-time employee to regularly B. Tem orar Em to ees. Temporary, seasonal, and casual employees arenot e, hOli ntit a to sick eave, vacation, insurance benother its 'benefits provided days, use of the grievance procedure, in any under this agreement, except as p p to �or Permanent ection I oopeningsr with the Temporary employees may of employer. Their seniority shall bre computed ofrlength sof servidate e t will hire. However, permanent employees, 9 be given seniority preference over temporary employees. and C. Special program employees includ, eeshoshallse ndbe ed eonsEderedoras stemporary, similar programs. Such funded by CETA will receive benefits for employees. However, employeeson in writing which the City is isor atdalat rich are date�thspecgial program employees at the time of employment,ermanent City positions only if and when become eligible to bid upon p the City. However, their positions are partially ar rally Or offullengthunofdservice, shall be given permanent employees, employees. The eeseofisor any seniority preference over special program to ees. shall make a reasonable effort to notify special program �ep employees known special needs or requirements of special O. Current employees will have bidding preference for job vacancies over volunteer helpers and volunteer time will not count toward seniority. will Section 6. Rest Periods. Except for the transit drivers ththeiregular provide a fifteen (15) m nute rest period at two times during tion and scheduling will be determined by the immediate work day. The loca I,C supervisor. The rest period will be scheduled at regular times within the work day to accommodate staffing needs. Employee preferences will be considered. Section 7. Meal periods. The City will provide an unpaid lunch period of not less than it y 30) minutes each day to employees in five day operations. Whenever possible, the lunch period will be scheduled at a regular time in the work day. Meal periods will be scheduled to accommodate the staffing needs of the department with consideration of the preference of break from employees. Full-time bus drivers will be provided a thirty minute lunch scheduled near nthe middlday e hofSther shift; ieech woeeearl ieredthanr 3 khoursk. Ml beas wihhintbe o the shift and shall not leave more than 5 hours and 15 minutes remaining on the shift. Deviations due to special or changed circumstances shall be negotiated. Secti rmrequires t, employees owill be hallowed Time. minimum of five u(5)re ominutesf workpfor erfopersonall clean-up at the end of the work day. Section 9. Inclement Weather. Employees are expected to come to work regardless of wea er con i ions if they can possibly do so. Employees who appear for work at the scheduled time will be compensated. Generally, City operations will not be suspended, but may be rescheduled, If work is to be rescheduled the immediate supervisor will have available information. The employer will take into consideration the employee's comfort and protection in cases of extreme climatic conditions. Employees who are unable to get to work or who leave work early because of weather conditions may do one of the following: a. Arrange to make up the work with the approval of the immediate supervisor, b. Charge the time missed to holiday, vacation, compensatory time, or personal leave. c. Take leave without pay for the time missed. ARTICLE VIII OVERTIME Section 1. Overtime. Overtime is work performed by a permanent full or pert weekewithhtheefollowing sof e exception: (Employeesper regularly scheduled (40) ohours work more than eight (8) hours per day will receive overtime for the time worked in excess of the regularly scheduled hours per day. overtLandfill employees timespehotwelve () spent nexcessoftwelve(12)hours hours per daywill orreceive forty (40) hours per week. 7 7/S _I _.1 Prior authorization from the employee's supervisor is required before overtime work will be credited. Employees may be periodically required to work overtime but may request not to perform .work because of physical inability or serious personal need. Such requests to be excused from performing overtime will not be unreasonably denied. For permanent full-time employees, work performed on the sixth (6th) or seventh (7th) day of the work week shall be considered overtime. There will be no pyramiding of overtime: e.g., If an employee is called back to work on Saturday he/she may claim the overtime rate either for the minimal call-in OR the sixth (6th) day premium, not for both sections. — Overtime will be compensated at the rate of one and one-half (1 1/2) times the current base hourly rate of the employees or by compensatory time off at the rate of one and one-half (1 1/2) hours for each hour of overtime worked. Employee preference will determine whether overtime is paid or time Off given unless departmental staffing needs or financial considerations require employees to be paid or given time off. The employees may request reasons for the denial of the time off or pay. Section 2. Overtime Equalization. A. To the greatest extent possible, overtime shall be offered to employees equally over a period of three (3) months, considering the type of work, the qualifications and ability of the individual employee, the employee's desire to perform the overtime service, and the employee's seniority. The following procedure will generally be used: The employee with the necessary qualifications and abilities and the least number of overtime hours in that classification will be first offered such assignment. In the event that overtime hours among employees in that classification are equal, seniority shall prevail.' In the event no qualified employee desires such work, the City shall select the qualified employee with the least credited overtime hours for such assignment and if there are two or more employees with the same number of overtime hours, the employee with the least seniority shall be thus assigned. Employees who refuse overtime work on a charged the same number of hours as employees whparticular job will be o actually do the work. Any employee who may be periodically excused from overtime work for ovedisability equal to thrserioushall an amount of atofthe emppersonal employee ithethe highestcarr of hours. When the need arises to work overtime to finish a job, the employees who are performing the work may be offered the overtime first if the work is to be completed. If an affected employee elects not to work overtime, he/she will be expected to continue until a replacement is secured. ?/5000, During emergency situations such as, but not limited to, excessive snow, freezing rain, wind, rain or cold, employees in the affected divisions may be scheduled to work twelve (12) hours or more in any twenty-four (24) hour period. Work in excess of twelve (12) hours will be assigned according to the equalization procedure. The equalization procedure is inapplicable to regularly scheduled overtime in transit. B. the The City shall maintain and post (at least monthly) in a public place in work a list of each employee, and shall keep ssuch alisttionscurrentgwithshowinveraccumulatedtime hourswovertime being credited forward. 1, April 1, JuOvertime accumulation shall conmence on January quarterly. ly 1 and October 1 of each year and shall be equalized Employees who are new to a division shall be credited with the deiation above highest number hours their classicion. veprocessshall be by nl letter between the City and thevUnion, from the Section 3. Overtime Rest Period. If an employee is required to work at least two (2) hours inrne is e y a er the employee's normal work day the City will provide for one of the following: a. A rest period of one-half hour immediately following the work day, or b. One additional half-hour of paid compensation at the overtime rate. This section does not apply if the employee is required to work less than two (2) hours following the work day. Section 4. Stand-B required to be at a time are p ace des gnated by othem which has access stand-byees who are on o phone and from which they may reach the work area promptly. Employees on stand-by will be compensated as follows: '✓ Employee Assigned to Stand-by Pay Per (`( I. Is provided with and takes vehicle home / h1IPI(f(�p 2. Is provided with but declines to take e ours pay e vehicle home (supervisor may require employee to take vehicle) 7 hours pay 3. Cannot be provided with a vehicle due to lack of vehicle availability 10 hours pay 4. Is not provided with a vehicle because employee resides outside city limits 10 hours pay Employees of the Street/Sanitation Department who are required to be on stand-by for the purpose of emergency snow removal will be compensated at a rate of ten (10) hours at current base pay rate for each week of stand-by time. Stand-by in these circumstances will be assigned in no less than one week increments. Such employees will be furnished a call device, but no vehicle. 0 716 __T Section 5. Reporting Pay. If an employee reports for work at his/her regular time and place but is sent home by the supervisor because of an emergency because work cannot be performed, such employee shall be paid a minimum of two (2) hours at his/her regular straight time pay. The City will make every effort to allow the employee to make up the work at straight time at a different time, where the nature of work permits. Section 6. Minimum Call - In. An employee who has completed an eight (8) hour work day an w o is ca in to work in an emergency situation without prior notice will be paid for a minimum of two (2) hours. If the emergency call-in takes more than two (2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. An employee who is called in prior to the regular start of his/her working day will be compensated for a minimum of two (2) hours at the overtime rate. In the event minimum call-in and regular working hours overlap, straight time will be paid for the overlapping hours in addition to the minimum call-in. There shall be no pyramiding or duplicating of overtime pay. That is, if an employee is called to work, he/she cannot collect for another two (2) hours unless it has been two (2) hours since the last call. Section 7. Professional Em to ees. No overtime will be paid or credit given for overtime wore o pro essional employees. Generally, assignments will be based on an assumed forty (40) hour week for full-time professionals and on the assigned number of hours of part-time professionals. Professional employees will enter all assigned hours worked in excess of their normal schedules on their time sheets. A professional employee may meet with his/her department head at a mutually convenient time and place to review the hours worked in an attempt to facilitate the provisions of this section consistent with department practices. However, this clause shall not be construed as a guarantee of compensatory time or overtime pay. Section 8. Librar Overtime. Permanent employees required to work on Sundays at the Li rary w receive six (6) hours credit for each four (4) hour shift worked. Section 9. Calculation of Overtime. Overtime will be recorded on the basis of six (6) menu a segmen s, an an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. Section 10. moment of Overtime. Payment of authorized overtime will be on succeeding pay c ec s. Section 11. Accumulated Overtime. Accumulated overtime to be carried over from one fisca year a ana er shall not exceed forty (40) hours and any overtime in excess of forty (40) hours accumulated at the end of the fiscal year shall be administered in accordance with Section 1 of this article. 10 ARTICLE IX HOLIDAYS Section I. The following days shall asbe paid holidays sy or permanent r anent employees: New Year's Day (January 1); IndependenceBirthday Day(third (July 4); day in February); Memorial Day (last Monday a May); ks- Labor Day (firstMonday nThurin sday eine Novoerember�terthes FridayNoafterr Thanksgiving; giving Day ( onal leave day. Christmas Day (December 25); and one pers In order to receive holiday credit, an employee must be in pay status the day before and the day after a holiday. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift, the day before or, after ChristmasThe CitY day before or after New Year's Day as an additional holiday. Manager (or the Library Director for library employees) may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, sor. if the select Manager cora Library subject Directorthe doesppnotal of the designate ua eday, employees may choose a day between December 17 and January 6. Section 3. Permanent employees on a continuous shift shall receive eighty-eight (88) hours of holiday credit an July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive separates credit for the remain�earhothose holidays thes in year. havelbeen f an credited but which after July 1 of any y of considering have not as yet occurred will be deducted for the purpose separation pay. ight (88) hours of holiday e,g „ Employee A receives credit for eighty-e time on July 1. The employee terminates on November I nofhas not used an holiday hours. He would be paid sixteen (16) hours pay '(dependence Day and Labor Day). e.g., Employee 8 receives eighty-eight (88) hours of holiday credit on July 1. Employee B terminates November 1 and has usedand D)ay) have hours, only two (2) holidays (Independence Oay hours (40 used occurred prior to teabeodeductedofranre wvacation r 4 payor from the last less 16 occurring) would week's wages. ees For the purpose of this Article, oliay for (except thietda�ypofythe (except Police Department employees)begins holiday and continues for a period of twenty-four (24) hours thereafter. In the Police Department a holiday begins at 11:00 P.M. on the day preceding the holiday and continues for twenty-four (24) hours thereafter. WhenWaeholidayifallsconra Saturday, then Sunday, hpreceding nFr day Mondawillibe observed. 11 #115 _I Section 4. Part-time employees will receive holiday pay on a pro rata basis. Section 5. Eligible employees who are called in to work on a holiday on which City operations are not open to the public will be paid at a rate of one and one-half (1 1/2) times for the hours actually worked and shall also receive regular holiday pay. Section 6. Permanent full-time employees who are assigned to work on holidays when City operations to which they are assigned are operating or open to the public will receive eight (8) hours of holiday credit during the pay period in which the holiday occurs. Holiday credit will be prorated for part-time employees. This credit may be used after the holiday occurs but must be taken before the next succeeding July 1. Generally this section applies to library, transit, parks, recreation, and parking enforcement employees. Refuse employees will use this system when two holidays occur in the same week. Section 7, Holidays or personal leave days shall not be carried beyond July 1 of any year. Section 8. Definition. "Continuous shift employees" as used in this article indicates oiT se employees who work in twenty-four (24) hour per day operations and who are subject to assignment on shifts beginning between 3:00 P.M. and 7:3rA.M. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned by permanent employees by month accor ing o the following schedule: Length of Service 0-5 years 5 years 1 day - 10 years 10 years 1 day - 15 years 15 years 1 day - 20 years more than 20 years Days Per PaX Month 1 1 1/4 1 1/2 1 3/4 2 Professional librarians shall accumulate vacation at a rate of 22 days per year regardless of length of service. The maximum number of hours eligible for carry over after July 1 of any year or for payment upon termination shall be one hundred ninety-two (192) hours (24 days), Section 2. Use option, An employee becomes eligible to take vacation after he/she has been on the payroll as a permanent employee for a period of six (6) continuous months. Scheduling will be arranged with the 12 7/50 _1 supervisor to accommodate staffing needs and employee preferences. Except in the event of serious personal need by a less senior person, seniority will prevail. Section 3. Pa ment of Accumulation. Upon discharge, resignation or retirement after six mont s of continuous service, a permanent employee is eligible for payment of not more than 192 hours (24 days) of accumulated vacation leave at the current base rate of pay. ARTICLE XI SICK LEAVE Section 1. Accumulation. Employees shall be granted one day of sick leave credit per mon an shall have the right to accumulate unused sick accumulatedowhile a Uem loyee40akes ra lea�e dofsebse cec without scall not be p employee granted a paid leave shall continue to earn sick leaveP y' but any tion of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving worker's Compensation. accumulatedssicktleave atrthertimetoftresignation/retirement onethelbasis tof amountpof ythe spayment cmay e be uptobuts shall bae lanot exceed rovidethe amount tdolhat lan employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of thi City for s paragraph. An employee must have been employed by the at least one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use offSic= a. A day of accumulated sick leave shall be used for each day an statemn a work week A ent regarding nature of work illnessduring and recovery therefrom may doctor's required if abuse is suspected. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health mainte- nance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury. Serious (2) critical illiIIness or hosofitalthe nfiemployee'sof a s mothe , child, or fatler mother-in-law, father-in-law, brother, sister, or grandparents, as well as any other relatives or member of the immediate household of the employee up to a maximum of forty (40) hours per occurrence provided that the employee's presence and efforts are needed. 13 116 __T c. The City may discipline employees for abuse of sick leave. Section 3. Notification. An employee shall notify his/her supervisor as soon as reasons y posse a of any sickness of illness which will cause him/her to miss work. Certain employees may be required to provide such notification prior to the beginning of their work day. In those cases where the Department or Division requires such prior notification, the City will be responsible for establishing a method whereby those employees can provide such notification. Unless such notification is given, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. Section 4. SickL__ave Bank. a. Permanent employees in the bargaining unit may draw from a Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (1440 hours or 180 days) at the rate of one day per month. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount ca sick leave will pay back the Bank from other accrued leave or in cash. c. A joint City -Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will deter- mine when sick leave may be used, application procedures, the length Of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire units and will develop policies als. to protect against abuse by individu- d. The City will contribute thirty (30) days of sick leave to the Bank October 1, 1976. No individual may use more than ten (10) days during the term of this Agreement. 14 715 ARTICLE XII SPECIAL LEAVES Section 1. On -the -Job Injury. Upon application the City may grant a leave of absence wit pay in the event of an injury or illness of an employee while at work provided the following conditions exist: a. The injury or illness arises out of the course of City employment, and b. The City's medical advisor determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work day when the injury occurs and for a if by the medical period of two (2) working days thereafter authorized advisor. If the injured or disabled employee requires more than two (2) working days in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to leave of absence without pay. Employees may use accumulated sick leave or other accumulated leaves to supplement worker's compensation benefits. Section 2. Funerals. An employee will be granted up to three (3) work incident with no loss of compensation or accruals if required to days per attend the funeral of his/her spouse, children, mother, father, stepparents, sister, or brother. An employee will be granted one (1) day per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensation time to attend the funeral of his/her mother-in-law, father-in-law, grandparents, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the to two (2) immediate household. In such cases, he/she shall be granted up additional days for travel, if necessary. If additional time is needed, an employee shall be permitted to use up to three (3) work days of accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay has been recommended by the is a predetermine amount o time o work, which Department Director and approved by the City Manager or for library employ- ees, by the Library Director, except in cases of medically necessary disabil- the employee has exhausted all ity leaves which shall be automatic provided other accrued leave (paid and unpaid) and submits to a physical exam by a city -paid and appointed doctor (if required by the employer). Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and the basis as step as when he/she left and will receive compensation on same to work at his/her regular position without leave, if he/she had continued provided that during that period if the nature of operations has changed so that similar work does not exist or that an opening for the employee no bid vacancies in related longer exists, the employee shall be eligible to on 15 7l5 areas or vacancies for which the employee is otherwise qualified for a Of twelve (12) months following termination of the leave, e is responsible for applying for and keeping aware of any openinThe gs, period In the event an employee fails to return to work at the end ofp nyesuch leave or extension, he/she shall be deemed to have voluntarily resigned or, if applicable, volun During a tarily retired on the last day of work prior to such leave. leave of absence without pay, the employee: a. Cannot pay retirement contributions duration. if the leave exceeds one month in b. Shall of absencenot receive any other accruals or job benefits during the C. period a not acquire additional seniority durin ve except in the case of temporary medical disability or asgotherwissaie specified by this Agreement. d. Shall not earn sick, vacation, or other leave. e. Must use all accumulated vacation to which he/she is entitled to the time that the leave without pay commences. f. Must pay prorated health, dental life Prior premiums falling due duringanmonth and disability insurance payroll, if coverage is desired, yas follows: employee is not on the I. For any calendar month during which the employee leave not exceeding ten working days and psurance�covon erageais desired, the City will pay the cost of the insurance premiums. 2. leave For any calendar month during which the employee is on unpaid desired, n theemployeetenworkingra ng days and insurance coverage is each working day beyond tenworkingdays insurance premium for unpaid leave of absence, g Y that the employee is be paid for by the City, The remainder of theon Premium will be 3. The employee may choose which insurance coverages, if an y, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired b deducted from current or future a Y the employee may be employee's option may be billed pay au monthly basis. Failure at the to return from an unpaid leave where insurance coverage was desred will result in the City billing the individual for costs which would otherwise have been deducted from the employee's The Department Director me The for leaves of absence not exceeding sten the above conditions (a, through e. (10) working days. ) Section 4. Jur Out . Any employee summoned for jury duty during the employee's regular wor ours shall receive regular standard time any period of jury service, The City shall receive the a Jury service. Compensation for travel expenses may be retained ay by the pay earned from such y the I 16 i i L. 7 I employee. An employee who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining in the work -day shall return to work. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying incourt o in response to legal summons when the employee is neither plaintiff nor defendant in the action and the City shall receive the witness fees up to the amount of compensation paid by the employee by the City for days testified. Section 6. Militar Leave. Employees called by any branch of the Armed Forces of the — a es shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Employment subject to the foregoing shall, upon reinstatement to City employment, retain their original employment date for the purpose of deter- mining seniority and eligibility for salary advancement just as though such i time spent in service of the United States has been spent in regular employ- ment with the City. Section 7. Voting Time. An employee shall be permitted to vote during the work day in any naTI-0-n-al ,state, or local election if it is not reasona- bly possible for him/her to vote during off hours. Section 8. Pregnancy Leave. A pregnant permanent employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Department Director prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present doctor's statements asto pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. An employee who takes leave pursuant to this section shall return to work as soon as she is medically able. Section 9. Union Business Leave. Any employee elected to office in the International American Federa- tion of State, County and Municipal Employees shall be granted a leave of absence without pay for a period not to exceed two years. Such leaves shall be granted to not more than one City employee in Local 183 at any one time. An employee desiring such leave shall give thirty (30) days notice to the City. Consistent with Section 3 of this Article, such employees shall not have a job guarantee on return. 17 76S °• Leave of absence without pay to attend and conventions and training conferences relating granted to not more serve as a delegate to one calendar than fjve (5) Cit 9 to the Union shall be one year Not more than fjve (5pl Ye'smin Local employee under this section. Y be taken 3 y any present certification in Em Employees y act en a representative to a writsg of their selection such leaveion tl working days prior to the time the wisifiedh conference at least the te�o(10° c• No more Y wish to be absent. ) the than one employee who is elected or unpaiUnion that is not part-time staff unpaid time off appointed to offices in d time Off to carry on the duties of will be granted sufficient leave from the department notice and receives a office provided head where hertemployee's nt head, pied b for such he/she with the a the oabsencevco may v denied fe the department the departmentUld adversely affect or interfere d• seniority Employees on Union leaves shall only be entitled above, w for employee eme spent on such leaves, except of where to accrual period not to y will continue to accrue benefits for subsection exceed ten (10) work days per ear, benefits g e y during e• Employees appointed to the position of Staff AFSCME/Iowa Council 61 shall be entitled absence not to Representative for would create a exceed one year, The Cit t0 an unpaid leave Of this hardship• Return from leave may deny such leave it I of Article. Not more than one governed b if it ?'�'vr at any one time. The em loyee shall be y Section h , leave at least ten (10)Theemployee must make application such of this leave. The Provisions Working days in Pplication for such advance of the Of Subsection d, above shall apple. Section 10. Professional Leave. The Cit professional develo men Y sionals" and the employergs ° ene it to emp)o ees d the Union agree that guidelines will In recognition Y designated as sional leaves; be considered when of this Agreement "plowin- ran granting or denying re the following The quests for profes- potential benefit to the employee. b• The potential benefit to the employer• C* The to of training program, conference class, or convention that is attended. d• Who in the affected class of workshop, e. Seniority, employees went most recently• Is consIttute understood by the parties that the guarantee of training to anyone, above provisions in no way 18 7157 ARTICLE XIII SENIORITY Section 1. Seniority shall mean length of continuous service with the City. It shall begin on the date of employment and become applicable immediately following completion of a probationary period of not more than six (6) months in a permanent position, unless extended in writing due to unusual circumstances. An employee will lose seniorityrights upon resignation, discharge for Jus t cause, retirement, death, or layoff for more than two (2) years. membernisrassignedl aaccla classification outsidaide of etheand barrgainin during periods which a employee is on leave of absence without pay as a result of temporary disabilunit. If n in as substantiated by a doctor's certificate or for on-the-job injury, seniority will accrue indefinitely. An employee will accrue seniority on leave without pay or layoff for one (1) year or for a period equal to the length of time worked if less than one year. while In e date, the order of atheir senio seniority haor more llplbeedetermined by ethe calphabetical order of last names. The City will maintain a seniority list showing the length of continuous service and will make a copy of the months. list available to the Union each six (6) Section 2. Probation. The initial probation period for appointments will a six continuous months. The probationar permanent circumstances. Probationary employees be tare eentitledd in ito alI benefits ofting because of this contract with two exceptions: 1. They may not grieve any disciplinary actions taken against them. 2. They may not bid on other jobs (except for promotions). If an employee has worked as a temporary City employee prior to appoint- ment to a toward icomplet on of probation �iftit she etapplicabletexperience. tie worked be For such employeetime s, the probationary period will be shortened to reflect inewriting infor t he aperman nt a peoint ent papers. The length of probation will be specified Section 3. Use of Seniorit An employee who has successfully completed an initial City pro a ion per od of six months may exercise seniority as follows: a. Transfer Procedures. Except in the case of emergency circumstances, a not ce wh ci escribes the position for permanent job openings will be posted on administrative and departmental bulletin boards far not wish an five for the king days. During this period, employees who written form for applicationion whi ha must be recedo so. ivedyinwtlhe provide a 19 7/5 _.y office by 5:00 P.M. on the day stated on the notice as the closing date. If current or laid off employees are qualified for the position he/she may compete with other employee applicants for the position. Step I. If qualifications including skills, abilities, and experi- ence of the applicants are relatively equal, the employee with the greatest seniority will be offered the job first. Step II. If the qualifications of current employees are marginal but equal to outside applicants they will be offered the position if it is to be filled. If an employee feels that seniority has been ignored by the City, he/she may request the reason for his/her rejection for the position in writing, and the written reasons will be given. Reduction in Force. Reductions in force will be by departmental division according to seniority in the jobs affected with the person having the least seniority within classification to be laid off first. The City will give fifteen (15) days notice to employees who are to be laid off except in an emergency. Temporary, casual and seasonal employees within classification (e.g. those ,lobs titles listed in Appendix A) will be laid off prior to permanent employees. The City will consult with the Union as far in advance as possible prior to a contemplated layoff in order to provide the most equitable treatment to employees who are to be laid off. 1. The City will attempt to accomplish reduction in force by attrition. 2. An employee whose job is to be eliminated may be transferred to vacancies within the department. 3. If no vacancies exist a more senior employee being laid off shall bump the employee with the least seniority in their classifica- tion within their department; but, if no such person or position exists, the laid off employee may bump the least senior employee in a position within their classification in the bargaining unit. If no such person or position exists within the bargaining unit, a laid off employee may bump the least senior employee in a job outside their classification and, if no such person or job exists, then the bargaining unit. Provided, however, an employee shall not bump into a job without seniority, proper credentials (including prior recorded experience in the job with the City; except where a laid off employee was placed in the job out of promotional sequence in the clerical, maintenance worker, plant operator, mechanic, librar- ian, dispatcher, planner/program analyst and construction inspector series), and the ability to perform the duties of the job under normal supervision. A person shall first bump into the highest classification which also meets the preceding conditions. 20 0715' Bumping shall not result in any promotion. In no event shall a full-time employee be forced to bump the least senior employee when it would result in decreased hours of work or shall part-time employees bump into full-time positions unless their total seniority is greater based on a comparison of computation of time actually worked. The Union shall hold the City harmless and indemnify it for all suits, judgments, costs, fees or other expenses incurred due to any challenge made to the proper application of this Article, provided the Union is given prior notice of any such legal action and the opportunity to defend. c. Recall from Layoff. The names of permanent employees laid off shall be placed on a re-employment list for the jobs affected in the layoff. Such persons shall be eligible for re-employment in reverse order of layoff in the job from which they were removed for a period of two (2) years, provided that they are still qualified and able to perform the fob. Employees may apply for vacancies in the City in titles other than those affected by the layoff during the period that they are on the recall list while maintaining their option to return to the job from which they were laid off. When an employee is notified by certified mail to last known address to return to work, he/she must make arrangements to return to work with the immediate supervisor within seven (7) days or be removed from the recall list. An employee on the recall list will accrue seniority pursuant to Section 1 of this article and will be entitled to exercise seniority accrued prior to layoff after their returning to work. d. Preferred Shift. Employees may use seniority to bid on a preferred shift or transit run provided a vacancy exists. Employees currently within the classification in which the vacancy has occurred will first be given the option to bid prior to the vacant hours being posted for other City employees. The use of seniority in library scheduling, if any, will be the subject of a separate letter to be negotiated at a later date. Section 4. Trial Period. A. Em to ee 0 tion. A transferred employee shall be granted up to ten (10) ays o e ermine he/she wants to continue in the position to which he/she voluntarily transferred. If during the option period the employee desires to do so, he/she may return to the previous position. B. city option. The length of the trial period for a person who is trans - err ng to another position within the City will be adapted to the type of job, length of City employment and similarity to previous jobs, but will not be longer than forty (40) working days except by agreement between the City and the Union. A transferred employee agrees not to initiate another transfer for six (6) months. This limitation on 21 715 voerfrane is luntary transfers does not apply to promotions, returnmtoctheir Previousa Position oreaesnd of milartvac ncy. at If the employee's he trial Period, they may Section 5. Compensation after another position wit 1n a same or aransfer, When an employee transfers to and rate, ate of pay within the range of thewer range he/she shall move to a step be determined on the basis Of 9 relative Positionlls, transferred to with a seniority. When an employee transfers to a higher range pay to fall within that range and in t event will be less than one step experience and 9 his/her pay shall Section a6.l Transit no P higher, have identical Seniority dates, order runstwo or more transit drivers runs shall be determined by lot, seniority for selecting transit ARTICLE XIV iDISC- Section 1, of isPur ose, All parties to this Agreement recognize that a certain amount cip ine is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing in an efficient manner, These certain penalties for infractions are agreed upon by the parties as a mode of o 9 services management rights of the Cit operating and are Of Iowa, Y as explained in not intended to limit the Disciplinary actions against employeesher will b the current ust cause. Appeal of disciplinary actions shalbe b will be taken for Code i shall be through the grievance procedure set forth n this aAgreement. gees Sand Section and produce . The goals City o Progressive discipline are to correct behavior i doers. Disciplinary actions orrmeasuresations ashall thanther merely be° order listed; Punish in the . Y invoked in the a. Oral reprimand or warning b. Written reprimand or warning, c, Suspension with loss of pay, d, Discharge. Section 3. Serious violations may be dealt with b disciplinary measures on the first offense, Permanent the right to take up a suspension or dischar e y d0Y of the above procedure, employees shall have 9 at Step 2 of the grievance Section 4, An employee ma of y at ing disci thine Thhcopy steward mayrequesttatcopy Ofnce the oral of asorwwrittentwa n time chief steward, py °f suspension or discharge will be forwarded to the 22 ?/5 i ARTICLE XV INSURANCE Section 1. Medical Insurance. The City will provide the health insur- ance policy known as the Blue Cross/Blue Shield "Iowa 500" two-day deductible plan for employees and eligible dependents. The City will pay $135.00 per month or full family premium cost for employees who elect to obtain family coverage during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full family health insurance premium costs that are in excess of $135.00. A pro rate share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated "Iowa 500" plan are set forth in Appendix "B". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or other alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. Section 2. Life Insurance. The City will provide a term life insurance policy for employees a ace value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $8,834, the face value of the life insurance policy is $9,000 In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Famt y en a Insurance will be made available to the employee at the employee's expense. The City will pay $7.00 per month or full individual premium cost for employees during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full individual dental insurance premium costs that are in excess of $7.00. A description of the provisions of the negotiated Delta Dental plan are set forth in Appendix "B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of this agreement. Section 4. Payroll Deductions. When the employer develops the computer capability to accommodate payroll deductions for a Union insurance plan or group benefit plan it shall provide for deduction of up to one such item. Section S. Carrier Chan e. The change insurance carriers prov ed the of the change and the specifications plan(s) are not diminished. parties agree that the employer may Union is given 60 days written notice and administration of the insurance 23 7IS Section 6. Long Term Disability Insurance. Effective July 2, 1983, the City will provide long-term disability insurance for permanent full-time bargaining unit employees with sixty percent (60%) coverage of salary to a maximum of one thousand five hundred dollars ($1,500) per month. This benefit, as applied, shall be subject to other applicable offsets such as worker's compensation, social security, sick leave, etc. Such disability insurance shall begin paying benefits after ninety (90) working days of continuous covered total disability. Regardless of other situations which are covered or not covered by the terms of the policy, long-term disability benefits shall not pay for situations arising from employment by any employer other than the City of Iowa City. The City will absorb the cost of long-term disability insurance during the term of this contract provided that premiums do not increase in an amount greater than ten percent (10%). If said premiums do increase by more than ten percent (10%l, the increase shall be subject to mutual agreement by the P arties. All oEther increases in premium costs shall be subject to normal contract negotiations. All increases shall be included in computing the financial terms of any negotiated contract settlement. The parties agree to meet and confer regarding any proposed job retraining for a disabled City employee, in order to discuss the terms and conditions of such retraining and reassignment. ARTICLE XVI SAFETY Section 1. Po�licyy. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that in the routine course of work employees are subject to risks. Section 2. Standards. Employees shall not be required to work in areas or to operate equipment which is a hazard to themselves or the public. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear required by law. Employees will handle property and equipment of the City with due care appropriate to the nature of the work and equipment employed. Section 3. Notice of Defect. Employees who operate equipment shall, during or imnediaTe7y-T57TowTn_gThe work day, report any defect noticed by him/her in said equipment to the immediate supervisor. Section 4.Special Grievance Procedure. If an employee is requested to work in a locatten or with equipment which presents an imminent personal hazard to him/herself or others the employee will report immediately to the Division Superintendent or designee who will determine the minimal standards under which employees must work. If the employee is then directed to work in a location or with equipment which is an imminent personal hazard to him/herself, he/she shall file a Step 2 grievance with the Department Director. Other disputes over safety hazards will be processed through the regular grievance procedure in Article XX Section 4. Use of this procedure to create unnecessary delays will result in disciplinary action. 24 7/5 Section 5. Safety Committee. The Union shall select two (2) City employees as representaaEives to -each department/division safety committee. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline. The employee's copy will be for- warded at the time it is placed in the file. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. An employee shall have the right to attach a written response to any document in his/her personnel file. Section 3. Written warnings for minor infractions which are not over twelve (12) months old at the time of the regularly scheduled performance review will be removed from an employee's file, provided the problem has been corrected or there has been substantial improvement toward correction. Section 4. Oral warnings shall not be part of an employee's personnel record except as a notation of when such warning was given. Such notation shall be removed from the personnel file following eight months of service without any discipline. ARTICLE XVIII CLOTHING AND EQUIPMENT Section 1. Employees who are required to wear special uniforms will be provided with such uniforms. Cleaning and maintenance will be paid by the employer. Outerwear, including hats, jackets and coats, will not be pro- vided, except for Parking Enforcement Attendants. Gloves for discomfort from cold will not be provided. Section 2. The employer will provide required protective clothing or protective devices, including up to $70.00 annually for the purchase of safety shoes. The employer shall pay the reasonable full cost of medically prescribed safety shoes. All safety shoe purchases must receive prior approval from the employee's immediate supervisor. Denial of safety shoe purchase is subject to the grievance procedure commencing at Step 2. 25 715 ARTICLE XIX RECOVERY AND REHABILITATION PROGRAM Section 1. Voluntary Referral Service. The City will provide where possible a voluntary referral service for employees with personal problems. Employees who suspect they may have a work problem even in the early stages are encouraged to seek treatment or counseling. All such requests and/or referrals in Section 3 for service will be treated in a confidential manner. Every attempt will be made to assist employees in obtaining needed services if they voluntarily request such assistance. Section 2. Problem Drinking. In the interest of providing efficient services to the public the City recognizes that employee, alcoholism can and should be treated. Educational materials on problem drinking may be re- quested from the Human Relations office. All bargaining unit employees are eligible for treatment and rehabilitation for alcoholism or problem drinking through the City's referral service and other available community resources. Alcoholism as an illness is not a cause for discipline per se; however, interference with job performance may be subject to discipline. Every attempt will be made by the City and the Union to assist employees with drinking problems to obtain needed assistance. Rehabilitation assistance will be offered, but if job performance is not raised to an acceptable level, disciplinary action will be taken. Section 3. Procedure. Supervisors who identify work problems or stewards who Iden lMy —personal problems may refer employees to the Human Relations office for assistance in obtaining educational and rehabilitation services for alcoholism or other personalproblems which influence perform- ance. Nothing in this section relieves employees of responsibility for their conduct on the job. ARTICLE XX GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Agreement shall mean any dispute between the City and the Union or any employee with regard to the meaning, application, or violation of any of the terns and provisions of this Agreement. The word "working day" shall be defined as any day except Saturday and Sunday for purposes of this section. Section 2. _Representation. An employee who is a member of the bargain- ing unit covered y- ts gement shall have the right to be represented by a steward at any grievance hearing or at any step of the grievance procedure, if he/she chooses. Employees are also entitled to representation by a steward at disciplinary conferences. Stewards will not attend other confer- ences between supervisors and employees except with the supervisors's approval. The Union will certify the names and addresses of the designated stewards to the City Personnel Administrator. 26 76' __T The City will compensate not more than one employee steward for the investigation of a grievance. If a second City employee has a special office in the Union handling grievances, that employee may request released time from his/her supervisor, and permission to work on the grievance will not be unreasonably withheld, but the City will not provide compensation for time spent. Any stewards who are City employees shall be released from work for not more than two (2) hours in one work week to work on grievance resolution. The employee will obtain permission from the immediate supervisor before investigating the grievance, but such permission will not be unreasonably withheld. Released time under this section is limited to grievance resolu- tion. Supervisors and stewards agree to handle discipline and grievances with discretion. Section 3. Limitations. Unless a grievance is appealed as hereinafter provided, it shaTT—ave no further validity or effect. Time limits may be extended by mutual agreement of the parties. Any monetary award or compensa- tion arising out of the resolution of a grievance is limited to the period of time sixty (60) days prior to the filing of the grievance regardless of the length of the practice giving rise to the grievance or the employee's lack of knowledge thereof. Section 4. Procedures. A grievance that may arise shall be processed and settled in the ToTlowing manner: A. Ste 1. The grievance shall be presented orally for discussion between _9eemployee grievant, the steward if the employee chooses to be repre- sented by a steward, and the employee's immediate supervisor within seven (7) working days after the knowledge of the event giving rise to the grievance. The date of the oral presentation of the grievance shall be certified in writing. The supervisor shall deliver the answer verbally to the aggrieved employee or steward within seven (7) working days after the Step 1 conference. If no response is received from the supervisor within seven (7) working days the grievance will be processed pursuant to Step 2. B. Step2�2. If the grievance is not resolved by Step 1, the aggrieved emp eee or his/her steward (if applicable) shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, two (2) to be filed with the Department Director or designated representative and one (1) to be filed with the Union. For Library employees the grievance must be filed at this Step with the Library director or designee. The written grievance shall contain a statement from the employee of the facts and section of this Agreement grieved and specifying what relief or remedy is desired. The grievant and steward shall include on the written grievance their names and the addresses to which they wish a response to be sent. The grievant, steward and department director shall meet in an attempt to resolve the grievance. The Department Director or Library Director shall, within a period of five (5) working days, investigate and document the grievance and issue a decisiion in writing thereon to grievants and steward, if applicable. 27 WT C - Step 3. A grievance not resolved by step 2 �'ty Manager or his/her designee within ten of receipt of the written decision referred shall in submitted to the between the d t working days of the date Manager will Parties and heldbe iftoequested in Step 2. A meeting ten (10) working days, the grievant war The thin steward within 0• Arbitration. Grievances not resolved at Step 3 of the dure may a submitted to a third party for arbitration, arbitration must be submitted b Grievance Proce- ten (10) working days following yreceittnof°cite to the other party for thePUnion Copes of any such request will behfurnishedntoer y within Manager's decision at The cost of arbitration and record in the City and to equally between the parties to this Agreement. same court report, if requested b shall be certified between the Y the arbitrator, The cost of a divided preparation and for expensess- Each Pofty will shall be divided equally witnessesay for the cost of its own case selectedabbitration proceeding shall be conducted b notice has tion City and the Union within five Y an arbitrator to be notice b given. If the parties fail to (5) working days after and y either or both parties shall be select an arbitrator, a Conciliation Service to provide a made to the Federal arbitrators, Both the Cit panel of Mediation two names from Y and the Union shall five (5) prospective strike the first name; e1' The part have the right to strike The the other a giving notice for arbitration shall process will be re repeated Party shall then strike one arbitrator, P and the remain in (1) name, The arbitrator shall g Person shall be the this written Agreement butave t ehaveer to interpret, apply, or modify the terms thereof, Power tonc PP y, and enforce conduct required Burin The rules of add to, subtract from with all state and fede9alhjearbitration hearing dshall an the nature of The scIsnon of the ar egt slation in accordance days after conclusion of the hearing applicable rules and regulations, shall be issued within thirty (30) i the parties, g and shall be final and binding shall h haverttl?e right grievance, 9 upon to the present et witnesses and representatives nas the partiestor.ma Other personstmay grievance at arbitration in addition hearings ion right to record the evidence agree, Either party shall bhave tthe Arbitration presented at Shall not n hearings shall be closed to the arbitration hearing, Of the arbitrator is to any third party untilctimne asvthe ndecision made unless parties agree otherwise, Section 5, Labor-Mana ement shall consist of a persons es Committee, The Labor -Management than four (q) bargaining unit gna e y the Union and the gCit Committee held during working hours. employees may be excused to attend mNot eetings present at grievance camm�tteRepretentatives or agents of the parties may be 9 7/5' Meetings shall be no longer than two (2) hours in length unless extended by mutual agreement and shall be scheduled to alternate between the working hours and non -working hours of the labor members. The function of the Labor -Management Committee shall be to meet and confer monthly with the City during the life of the contract for the purpose of adjusting pending grievances and to discuss procedures for avoiding future grievances (including safety matters) provided that: a. No topics will come before the Labor -Management Committee which are proper subjects for negotiations (e.g., new demands, changed circum- stances, requests for new language, etc.); and b. Every agenda item will be investigated before the meeting with the appropriate Department Director or designee. (Public Works -- Division Heads). ARTICLE XXI PAY PLAN Section 1. Classification Plan. The classification plan for bargaining unit employees is a ac e o u Agreement (see Appendix A). The pay plan in -effect on June 26, 1987, shall be adjusted upward by three percent (3%) effective June 27, 1987. The resulting pay plan shall be further adjusted upward by three percent (3%) effective June 25, 1988. The effective date of Xr compensation adjustments and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. Effective dates over the next six years, for example, are as follows: June 27, 1987 July 7, 1990 June 25, 1988 July 6, 1991 June 24, 1989 July 4, 1992 Section 2. Merit Plan. The pay plan is based on performance evaluations and merit. The City w justify the denial of merit increases following the employee's eligibility date. An employee who does not receive a merit increase on his/her eligibility date may file a Step 2 grievance. Section 3. Pay Plan. Each range of the pay classification plan will contain six (6) steps (A -F). Employees at Step A are eligible for review and an increase to Step 8 after six (6) months. Step A will be determined by the City unilaterally based on market information and other factors related to the particular ,lob title for which the wage is being set. Employees on Steps B-E are eligible for review and an increase to the next step annually. Employees on Step F or those who are outside of the range are not eligible for step increases. This section will not operate to adversely affect any employee hired prior to Council ratification of the Agreement. 29 7/5" _I Section 4. Equipment Mechanics Stipend. Each of the equipment division employees who is required to provide a complete set of mechanics tools will receive fifty dollars ($50.00) on or before July 15 of each of the contract years of this Agreement. Section 5. Longevity Pay. Permanent employees who have completed the required number ot years of continuous service with the City by December 1 shall receive longevity pay on a separate check on the last payday in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $200.00 10 years 275.00 15 years 375.00 20 years 475.00 Employees who terminate will receive a prorata share of the longevity payment reflected in their final check. The proration will be based on the nearest whole month of the year. ARTICLE XXII AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT AND WAIVER All negotiations or bargaining with respect to the terms and conditions of this Agreement shall be conducted by authorized representatives of the Union and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. This Agreement supersedes and cancels all previous agreements and practices between the Employer and the Union and constitutes the entire Agreement between the parties and concludes collective bargaining for its duration. All parties to this Agreement waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa. ARTICLE XXIII GENERAL CONDITIONS Section 1. This agreement shall be construed under the laws of Iowa. Section 2. The City agrees to meet and confer at reasonable times with the Union on mandatory items to the fullest extent required by law and to provide to the Union a copy of the City Personnel Rules and Regulations and any amendments as adopted by Council. Comments on rules and the need for revisions in rules and regulations may be discussed by the Labor -Management Committee but any new negotiations on mandatory items or other items will be conducted only by authorized teams in compliance with this complete Agree- ment. 30 7/60 Section 3. The City and the Union agree they will not act to discrimi- nate because of race, creed, color, sex, age, nationality, or political affiliation unless the reason for the discrimination is job-related or otherwise allowed by law. ARTICLE XXIV DURATION OF AGREEMENT This agreement shall be in effect between July 1, 1987, and June 30, 1989. Furthermore, this contract shall continue from year to year subsequent to June 30, 1989, unless written notice to change or modify it is served by either party to the other party prior to September 15 of the year preceding the expiration date of this agreement or any extension thereof. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Agreement be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Agreement shall remain in full force and effect. Neither party shall be required as a result of their Agreement with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or Management they shall be negotiated immediately. 31 715 THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183 CITY OF IOWA CITY, IOWA / BY: I /PS*ENT fA OR BY: C�wnXaq E Ism ATTEST: fLEW ww/ CIT CLERK 4'LIBRARY BOARD OF IOWA CITY, IOWA QBE_- P , M BY: SIR hiedL:Appmvad d kPa 7/5 A TIP APPENDIX A CITY OF IOWA CITY CLASSIFICATION PLAN - JUNE 27, 1987 01 - Maintenance Worker I (Transit, Recreation & Gov't Bldg., Parking Systems, Public Housing) - Cashier (Parking, Treasury) - Clerk/Typist (Information Desk Operator) 02 - Maintenance Worker I (Streets) - Water Meter Reader - Clerk/Typist (Leased Housing) - Account Clerk (Accounting) - Library Clerk 03 - Maintenance Worker I (Water) - Parking Enforcement Attd. - Clerk/Typist (Treasury) - Sr: Clerk/Typist (Sr. Center, Purchasing, Minutetaker) - Duplicating Machine Operator - Maintenance Worker II (Cemetery, Landfill) 04 - Maintenance Worker I (Refuse) - Maintenance Worker II (Streets, Recreation, Parks, Pollution Control, Parking Systems, Traffic Engineering, Parking Systems Towing) - Clerk/Typist (Police Records, HIS) - Police Desk Clerk - Sr. Clerk/Typist (Pollution Control, Streets, Recreation) - Account Clerk (Treasury, Transit) - Mass Transit Operator - Sr. Library Clerk 05 - Maintenance Worker II (Senior Center, Traffic Eng. Signs, Transit, Water Service, Water Meter Repair, Forestry) - Maintenance Worker III (Parts Clerk) - Sr. Clerk/Typist (Treasury, Police Records) - Sr. Account Clerk (Accounting) 06 - Library Assistant I - Asst. TPO (Pollution Control) - Sr. Account Clerk (Treasury Utilities) Police Dispatcher - Animal Control Officer - Housing Management Aide - Administrative Account Clerk (Accounting) - Customer Service Rep. 07 - Production Coordinator (Broadband) - Maintenance Worker II (Refuse) - Maintenance Worker III (Parking Systems Meters, Water Office, Cemetery, CBO, Parking Night Crew, Transit) - Asst. TPO (Water) Sr. Eng. Tech (Traffic Eng.) - Library Assistant II - Mechanic I 715 -�i A-2 - Administrative Secretary (Recreation) - Body Repair Mechanic 08 - Maintenance Worker III (Traffic Eng „ Landfill, Parks) - Sr, Engineering Tech. (Office, Engineering) - Library Assistant III - Buyer - Technical Asst. (PPO) - Mechanic II 09 - Maintenance Worker III (Poll. Control Collection, Streets, Parking Systems Elec., - Sr. Maintenance Worker (Parks Mowing) - Electrician - TPO (Water) - Graphics Technician - Construction Inspector I - Mechanic III - Sr. Radio Dispatcher (Police) 10 - Maintenance Worker III (Water) - Sr. Maintenance Worker (Streets) - TPO (Pollution Control) Housing Specialist - Housing Inspector - Librarian I - Construction Inspector II - Sr, Mechanic 11 - Maintenance Worker III - Sr. Maintenance Worker - Electronics Technician - Building Inspector - Accountant 12 - Rehab. Officer - Chemist (Poll. Control Plant) (Parks Construction, Recreation) 13 - Sr. Construction Inspector Rec. Program Supervisor - Librarian II - Sr, Engineering Tech (Survey) - Sr. Accountant (Accounting) - Volunteer Specialist (Sr, Center) 14 - Sr. Maintenance Worker (Landfill, Pollution Control, Cemetery) - Associate Planner - Human Services Coordinator Senior Librarian - Civil Engineer Library) 15 - Sr. Maintenance Worker (Water Cust. Service, Water Distribution) - Program Specialist (Sr, Center) Energy Coordinator 7/S -I __7 APPENDIX B IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self -maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: * One routine annual physical examination in a doctor's office or clinic * Home and office calls needed to diagnose or treat a medical condition * Immunizations required by a Subscriber or any person in a Subscriber's family THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient . Semi -private room and board . Necessary services and supplies . Operating rocas, intensive care, coronary and burn care units . Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor . Necessary laboratory and x-ray services Outpatient . Surgery . Diagnositc x-ray and laboratory services . Accident care HOME HEALTH CARE 90/10 PHYSICIAN SERVICES 90/10 Home and office vists One routine annual physical exam Pre -natal and post -natal care in physician's office Immunizations Hospital visits and nursing facility visits NERVOUS AND MENTAL 90/10 Outpatient - '0/'0 to $10,000 Lifetime Maximum. SKILLET NURSING FACILITY 90/10 Un m to oom and Board Services and supplies . Services provided by a Registered Nurse . Services prescribed by a physician 715 B-2 THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These ' -other services are subject t0 a $100 contract deductible per calendar year Prescriptions Nursing Services Anesthetics Blood plasma Private -duty nursing services . Casts Ambulance Crutches . Air Durable medical equipment . Ground .Other supplies when ordered by a physician DEDUCTIBLES AND COPAYMENT Hospital - The Subscriber is responsible for the first two days of semi- private room and board. Per Hospital Admission. Physician - The subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year for medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the subscriber's expenditures for hospital, physician, and/or other services reach $500 per year, IOWA 500 pays 100% of all remaining charges. if the subscribers expenditures for hospital, physician, and/or other services do not reach $500, the subscriber pays 10% of all remaining charges up to a total maximum expenditure of $500. (Outpatient treatment for nervous and mental conditions is paid 90/10 cc -payment until the $10,000 Lifetime Maximo is met. Co -payment for outpatient Nervous and Mental does not apply to the out-of-pocket maxima. CARRYOVER OF DEDUCTIBLE pensee or covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. 7/50 _I Summary of Benefits DELTA DENTAL COVERAGE Delta Dental Plan of lows coverage not only provides a variety of benefits but also encourages timely Ind *#active dental maintenance. More than e0% of the dentists In lows participate In the Delta Dental program. Delta Dental payment Is bawd on Usual, Customary and Reasonable allowances, subject to deductible and copayment provi- sions of the program. icrn�uroprogram Includes dceinpwhheures coverage for el services provided generally accepted dental pragkss. Like Blue Crow and Blue Shield of lows, the Delta Dental Plan receives claims directly from participating dentists. And we pay them directly for you. That eliminates claims -handling chores for you and Your employees — and aaves valuable time and money To provide a program to most your companYls needs, Doha Dental Plan benefits are available with deductibles, copayments and maxi- mum payment allowances for covered services. Thus benefit ars combined to meet your needs: Pmvw&G Maintenance benefit includes: • Routine checkups at six-month intervals including bitewing x-rays at 12 -month Intervals. • Teeth cleaning once every six months. • Topical fluoride applications as prescribed but no more than once every six months. • Full -mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: • Regular cavity fillings. • Oral surgery (including pre- and postoperative care). • Emergency treatment for relief of pain. Major Restorative benefit coven: • High-cost fillings. • Cast restorations. • Root canal fillings. • Non-surgical treatment for gum diseases. rel n+s« rr B-3 Delta Dental Plan of tows 7/5 Delta Dental Plan of Iowa RATE QUOTATION PLAN 11 Program Benefits Deductible Copsymem ClnoWlIpamgy © Preventive Maintenance (Annual) $ % ® Routine Restorative S 25/75 50 % © Major Restorative S " 50 % ❑ Dental Prosthetics S % O Periodontia S % O Orthodontia S % O Dependents to age D Full-time students 0 Adults Program Maximums Single $ 500 per year Family S 500 per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single S per month Family $ _ — per month These rates guaranteed for 1_ months beginning on 7-1-85 (dost .if purchased by 7-1-85 lan) 'Rales Quoted here are baud upon census information provided and acquiring and maintaining a min mum enrollmeN of We of total eligible employees for the duration of the contract. I'r 1 .I Authori»dM in he Date This is a general de iplion of coverage. It is not a statement of contract Actual coverage is subject to the terms and conditions specified in the contract itself and enrollment rogulations in fora when the contract becomes effective. M4111 ass ant B-4 Delta Dental Plan of Iowa 7/s -I 01-0I 01.02 01-03 01.04 01.05 01.06 OI -07 02.01 02.03 02.04 02.06 02.07 03.01 03.02 03-03 03-04 03-05 03.06 03.07 03-08 03-09 04.01 01.02 01.03 04.04 04.05 04.06 01.07 04.08 04.09 01.10 01.11 0/-12 04.13 04.14 01.15 04. 0/-17 16 04.18 I` • n APPENDIX C 1 4 AFSCME PAY PLAN 6 7.86 628.80 FY88 (June 27, 1987) POSITION TITLE 16,348.80 16,931.20 17,472.00 M.W. 1 - Transit 1 2 M.W. I - Recreation 6 Gov't. Bldg, M.W. I - Parking Systems Hr Biwk 6.81 4.80 7.62 609.60 Parking CParkin as" er Ann 14,164.80 15,849.60 Clerk/Typist - Information Desk Operator Cashier - Treasury M.W. I - Public Housing M.W. 1 - Streets Ye t Hr n APPENDIX C 1 4 5 6 7.86 628.80 8.14 651.20 840 672.00 8.67 16,348.80 16,931.20 17,472.00 3.60 18,033.60 er Meter Reader Bfwk 7'01 7.86 8.14 Clerk/Typist - Leased Housing 560.80 628.80 651.20 Ann Account Clerk - Accounting 14,580.80 16,348.80 16,931.20 Library Clerk M.Y. 1 - Yater Parking Enforcement Attd. Hr 7.25 8.14 Clerk/Typist - Treasury Bfwk 580.00 651.20 Sr. Clerk/Typist - Sr. Center Ann 15,080.00 16,931.20 Sr. Clerk/Typfst - Minute Taker Sr. Clerk/Typist - Purchasing ()up. Machine 0per. M.M. If - Cemetery M -W- It - Landfill M.M. I - Refuse 8.40 8.67 8.98 672.00 693.60 718.10 17,472.00 18,033.60 18,678.40 8.40 8.67 8.98 672.00 693.60 71810 9.29 17,172.00 3.20 10,033.60 . 18,678.40 19,323.20 M.W. 11 - Streets Ur Biwk 607.5D 8.40 8.67 8.98 M.M. II - Recreation 2 00 693 60 Ann 15,600.00 17,472.00 18,033.60 18,678.40 M.W. 11 - Parks 718.40 M'W' 11 - Pollution Control M.W. If - Perking Systans M.W. If - Traffic Engineering Clerk/Typist - Police Records Sr, Clerk/Typtst - Pollution Control Police Desk Clerk Sr, Clerk/Typfst • Streets Sr. Clerk/Typist - Recreation Account Clerk - Treasury Account Clerk - Transit Mass Transit Operator Sr, Library Clerk M.W. 11 - Parklnq Systems - Towing Clerk•Typl st - H.I.S. 9.29 9.63 743.20 770.40 19,313.20 20,030.40 _-7 C-2 1 2 J 4 5 6 POSITION TITLE Hr 7.76 05.01 N.Y. 11 - Senior Center 0.65 8.94 9.22 9.55 9.87 05.02 M.N. II - Traffic Eng. Signs Oink 620.80 692.00 715.20 177.60 764.00 789. 60 05-07 M.N. II - Transit Ann 16,140.80 17,992.00 18,595.20 19,177.60 19,864.00 20,529.60 OS -04 Sr. Clerk/Typist - Treasury 05-05 Sr. Clerk/Typist - Police Records 05-06 Sr. Account Clerk - Accounting OS -07 M.M. III - Parts Clerk 05-08 MW 11 - water .Y. II - Yater Meterc 05-09 Repair 05-10 M.N. III - Equipment 05-11 M.M. II - Forestry 9.96 10.32 825.60 i 8.01 8.98 9.29 9.63 718 40 743.20 770.40 796.80 06-01 Library Assistant 1 Hr 640.80 06-02 Asst. Treat, Plant op. - poll, Control Annk 16,660.80 18,678. 40 19,323.20 20,030.40 20,716.80 21,165.60 06_03 Admin. Acct, Clerk - Accounting 006-04 Sr 6-05 Police oispetcherk r Treasury - Utilities 06-01 Animal Control Off Icer i 06-10 (lousing Management Aide 06-11 Civil Rights Assistant 06_12 Customer Service Rep. lir 8.30 9.29 9.63 9.96 10.32 10.68 0)-01 Admin. Secretary - Recreation Blwk 664.00 743.20 710.40 796.80 825.60 851.10 07-02 H.M. 11 - Refuse Ann 17,264.00 19.323.20 20,030.40 20,716.80 21,465.60 22,214.40 01-03 Asst. Treat, Plant Op, - Water 07-04 M.Y. III - Parking Systems - Meters i 07-05 M.W. III - Water - office 07-06 M.Y. III - Cemetery 07-07 M.Y. III - CBO �. 07 -OR Sr, Engineering Tech. - Traffic Erg. 07-09 Library Assistant It '! - 07.10 Mechanic I 07-11 Engineering Tech, 07.12 Production Coordinator - Broadband 01-13 M.Y. III - Parking Night Crew 07-14 M.M. [it - Transit 07-15 Body Repair Mechanic i On -01 08-02 08-03 08.04 08.05 08.06 08.07 08.08 OR -09 09.01 09.02 09.03 09-04 09.05 09.06 09-07 09-08 09.09 09.10 09-11 10.01 10.02 10.0) 10-04 10.05 10.06 10.07 10.08 11.01 11.02 11.03 11.04 11.05 11.07 12.01 12.02 POSITION TITLE M.M. 111 - Traffic Engineering N.M. III 1 2 3 4 - Landfflf Sr, Enq sneering Tech. - Office Library fir 8.57 Biwk 685.60 9'63 710'40 9.96 10'32 5 fi Assistant 111 M.W. 11f - parks Ann 17,825,60 20,030,40 796.80 825.60 10.68 11, On Buyer 954.40 24,A14.40 992.00 20,716.80 21,465.60 854,40 ?2,214.40 686.40 Sr, Engineering Tech - 25,792.00 Chemist Ifr 23,046,40 Technical Asst, - PPO Engfneerfng Mechanic II M.Y. 111 - Pollution Control Collection lir M.Y. fit - Streets 8.83 M,Y. III - Perking Systems Blwk 706.40 9.87 10.21 Sr, M.Y. - Parks - Mowfnq - Elec. An n 18,366,40 789'60 216.80 Electrician 20,529.60 21,236.80 T90 Mater Graphics Technician Sr. Radio Olspatcher-police Construction Inspector I Mechanic ❑I ft III • Library M,M, III - Mater 10.59 10.93 847.20 874.40 11,34 22,027,10 22,734,40 907,20 23,587,20 TPO Pollution Streets ontrol Br 9.09 B1n 727.20 10.16 10.49 Housing Specialisinspector Ann I8, 901,20 212,80 839.20 10.84 Housing Inspector 21,132.80 21,819.20 867'20 Librarian 1 22,547,20 Construction Insp, 11 Sr, Mechanic M,Y. 111 • Pollution Control Plant Sr, M,M, perk H 11,22 11,62 897.60 929,60 2],)37,60 24,169.60 Sr, M -M, Recrnticnnstruction r 9.69 (0,68 Electronics Tech, BuildingAnn Inspector nnBfw 775.20 20,155.20 854.40 22,214,4D II.OB 886.40 11.5) 922.40 11.9] 12.40 Accountant 23,046.40 23,982.40 954.40 24,A14.40 992.00 Rehab, O//Icer 25,792.00 Chemist Ifr 10.14 Blwk Ann e11. 20 21,091.20 11 07 085.60 23,025.60 II.gS 916.00 11.87 919,60 12.29 12.70 23,816.00 24,689.60 900.20 25,563.20 1016.00 26,116.00 C-3 1 2 3 4 5 6 Hr 10.45 11.53 11.93 12.40 12.86 13.34 Blwk 836.00 922.40 954.40 992.00 1,028.80 1,067.20 Ann 21,736.00 23,992.40 24,814.40 25,792.00 26,748.80 27,747.20 Hr 10.86 11.93 12.40 12.86 13.34 13.77 Biwk 868.80 954.40 992.00 1,028.80 1,067.20 1,101.60 Ann 22,588.80 24,814.40 25,792.00 26,748.80 27,747.20 28,641.60 Hr 11.34 12.42 12.88 13.36 13.81 14.27 Blwk 907.20 993.60 1,030.40 1,068.80 1,104.80 1,141.60 Ann 23,587.20 25,883.60 26,790.40 27,788.80 28,724.80 29,681.60 C-4 0 POSITION TITLE 13.02 Sr. Construction Inspector 13.03 Rec. Program Supervisor 13.04 Librarian 11 13.05 Sr. Engineering Tech. - Survey 13.06 Volunteer Spec. - Sr. Center 13.07 Sr. Accountant - Accounting 14.01 Sr. M.Y. - Land/111 14.03 Sr. M.Y. - Pollution Control 14.04 Sr. M.Y. - Cemetery 14-06 Associate Planner 14.07 Human Servlces Coordinator 14.08 Sr. Librarian 14.10 Civil Engineer 15.01 Sr. N.Y. Yater - Customer Service 15-02 Program Specialist - Sr. Center IS -03 Energy Coordinator 15-04 Sr. N.Y. Yater - Olstrlbution 1 2 3 4 5 6 Hr 10.45 11.53 11.93 12.40 12.86 13.34 Blwk 836.00 922.40 954.40 992.00 1,028.80 1,067.20 Ann 21,736.00 23,992.40 24,814.40 25,792.00 26,748.80 27,747.20 Hr 10.86 11.93 12.40 12.86 13.34 13.77 Biwk 868.80 954.40 992.00 1,028.80 1,067.20 1,101.60 Ann 22,588.80 24,814.40 25,792.00 26,748.80 27,747.20 28,641.60 Hr 11.34 12.42 12.88 13.36 13.81 14.27 Blwk 907.20 993.60 1,030.40 1,068.80 1,104.80 1,141.60 Ann 23,587.20 25,883.60 26,790.40 27,788.80 28,724.80 29,681.60 C-4 0 C-5 AFSCME PAY PLAN FY89 (June 25, 1988( POSITION IIILE 1 2 3 4 5 6 01.01 M.Y. I - Transit Hr 7.01 7.85 8.10 B.)B 8.65 8.91 01.02 M.Y. I . Recreation 6 Gov't. Bldg. Blwk 560.80 628.00 648.00 610.40 691.00 714.40 01.03 N.Y. I - Parking Systems Ann 14,580.80 16,328.00 16,848.00 17,430.40 17,992.00 111,574.40 01.04 Parking Cashier 01.05 Clerk/lypist . Information Desk Operator 01.06 Cashier - treasury 01.01 M.M. I - Public Housing 07.01 M.W. I - Streets lir 1.77 8.10 8.38 0.65 8,93 9.25 02.03 Yater Meter Reader Biwk 571.60 648.00 670.40 692.00 714.40 740.00 02.04 Clerk/Typist - Lensed (lousing Ann 15,011.60 16,848.00 17,430.40 11,992.00 18,574.40 19,240.On 02.06 Account Clerk - Accounting 02.07 library Clerk 01•nl 11,11. 1 • Malar Hr 7.41 8.30 8.65 11.91 9.75 9.51 03-n7 Parking Enforcement Alto. Blwk 591.60 670.40 692.00 714.40 740.110 765.60 03.01 Clerk/lyplst - Treasury Ann 15,511.60 17,430.40 17,992.00 19,574.40 19,240.00 19,905.60 03.04 Sr. Clerk/Typist - Sr. Center 01.05 Sr. Clerk/lyplst - Minute Taker 01.06 Sr. Clerk/Typist - Purchasing 01.01 Oup. Machine Oper. 01 -Oh M.Y. It Cemetery 03.09 M.Y. II - Landfill 04.01 M.V. I - Refuse Ur 7.73 8.65 8.93 9.25 9.51 9.92 04.02 M.M. 11 - Sheets Biwk 619.40 692.00 714.40 740.00 165.60 793.60 04.03 M.Y. 11 - Recreation Ann 16,078.40 17,992.00 18,574.40 19,240.00 19,905.60 20,63.1.60 04.04 M.Y. 11 Parks 04.05 N.Y. 11 - Pollution Control 04.06 N.M. II Parking Systems 04.07 M.V. II Traffic Engineering 04.08 Clerk/lyplst • Police Records 04.09 Sr. Clerk/Typlit - Pollution Control 04.10 Police Desk Clerk 04.11 Sr. Clerk/lyplst • Streets 04.17 Sr. Clerk/lyplst . Recreation 04.11 Account Clerk - Treasury 04.14 Account Clerk - Transit 04 -IS Mass Transit Operator 04.16 Sr. Library Clerk 04.17 N.Y. II • Parking Systems - lowing 04.18 Clerk•lyplil - H.I.S. _I C-6 I 2 ] 4 5 6 POSITION IIILf 9.21 7.50 9.84 10.11 lir 7.99 fl.91 760.00 181.20 017.60 05.01 M.V. 11 - Senior Center 712.80 156.80 Bink 677.20 60 05.01 M.Y. 11 Traffic F.nq. Signs Ann 16,619.20 18,512.80 19,156.80 19,160.00 20,167.20 21,157. OS•O1 M.Y. II - transit 05.04 SrClerkl7yPist - Treasury 05.05 .Sr:• Clerkl Typist - Police Records 05.06 Sr. Account Clerk - Accounting 05.01 M.Y. 111 • Parts Clerk 05.08 M.Y. IT - Mater Service OS -09 M.Y. II - Mater Meter Repair OS•10 M.Y. 111 - Equipment IU.61 05.11 M.Y. II • Forestry 9.25 9.57 9.92 10.26 fir 8.25 791.60 820.80 850.40 06.p1 Ctonry Assistant 1 740.00 765.60 140.80 22.110.40 06.02 Asst, Treat, Plant Up. - Poll. Control Rne l7 160.00 19,240.00 19,905.60 20.617.60 21, 06.01 Abeln, ACCt. Clerk • Accounting 06.04 Sr. Account Clerk - Treasury - Utilities 06.05 Police Olspatcher 06.07 Anlnal Control Officer 06.10 mousing Manegment Aide 06.11 Civil Rights Assistant 10.61 II.OU 06.12 Customer Service Rep, A 55 q.51 9.92 10.26 8X0.00 Ilr 791.60 820.80 H50.40 800.00 01.01 Admin. Secretary - Recreation Blwk 6114.00 765.60 01-07 M.V. 11 • Refuse Ann 17,184.00 19,905.60 20,6]7.60 21,110.80 22,110.40 I 07.0) Asst, Treat, Plant Op• • Vater i 01.04 N.V. ill parking Syst4wt • Meters i 01.05 M.V. III • Yater • Office 01.06 N.M. III - Cemetery 01.07 M.M. 111 - CBO 01.00 Sr. Engineering Tech. - Traffic Eng. 01.09 L16rary Assistant II 01.10 Mechanic I glneerin9 tech OI.11 En 07.11 production Coordinator - Broadband 01.11 M.Y. III • Parking Night Crew 01.14 M.W.y RepairTransit Mechanic OI•IS i I OA•01 08.07 OR•O] ae•D4 OR•0 I 08.066 OR -01 08.08 08.09 i 09.01 09.07 1 09.03 09.04 09.05 09.06 09.01 09.08 09.09 09.10 09.11 10.01 10.07 10.01 10.04 10.05 10.06 10.01 10.08 11.01 11.02 11.0.1 11.04 11.OS n -o7 12.01 12-02 11 POSITION TITLE 1 2 3 4 5 6 M.Y. III - Traffic Engineering fir 8.81 9.92 10.26 10.63 11.00 11.41 M.Y. III - Landfill Blwk 106.40 793.60 820.80 R5D,40 880.00 912.80 Sr, Engineering Tech. - Office Ann 18,166.40 20,633.60 21,340.80 22,110.40 22,880.00 23,732.80 Library Assistant III M.Y. III - Parks Buyer Sr. Engineering Tech. - Engineering Technical Asst. - PPO Mechanic 11 M.Y. III - Pollution Control Collection lir 9.09 10.17 10.52 10.91 11.76 11.66 M.Y. III - Streets Biwk 727.20 813.60 841.60 872,80 900.80 934.40 M.Y. III - Parking Systems - Elec. Ann 18,907.20 21,153.60 21,881.60 22,692.80 23,420.80 24,294.40 Sr. M.V. - Parks - MowIA9 Electrician IPO Yater Graphics Technician Sr. Radio Dispatcher-Pollce Construction Inspector I Mechanic III MY III - Library M.Y. 111 - Yater lir 9.36 10.46 10.80 11.17 11.56 11.91 Sr. M.W. - Streets Blwk 14R.fln 836.80 864.00 891.60 924.110 951.60 TPD Pollution Control Ann 19,468.81) 21,156.80 22,464.00 73.233.60 24,044.80 24,891.60 flouting Specialist housing Inspector Librarian I Construction Insp. 11 Sr. Mechanic M.V. III - Pollution Contra) Plant lir 9.98 11.00 11.41 11.88 12.29 12.71 Sr. M.Y. Parks - Construction Blwk 198.40 880.00 912.80 950.40 99.1.70 1,071.60 Sr. M.Y. Recreation Ann 20,758.40 22,880.00 23,732.80 24,710.40 25,563.20 26,561.60 Electronics Itch. Building Inspector Accountant Rehab, Officer hr 10.44 11.40 11.79 12.13 12.66 13.08 Chemist Blwk 835.20 912.00 943.20 978.40 1,012.RO 1,046.40 Ann 21,715.20 2.1,712.00 24,523.20 25,438.40 26,332.80 27,206.40 loci i i E v C-8 POSITION TITLE 1 2 3 4 5 6 i 13.07 Sr. Construction Inspector lir 10.76 11.88 12.29 12.11 13.25 13.14 13.03 Per. Program Supervisor Biwk 060.80 950.40 983.20 1,021.60 1,060.00 1,099.20 13.04 Llhrar lAn II Ann 22,380.80 24,710.40 25,563.20 26,561.60 21,5611.00 28,519.20 13.05 Sr. Poglnerring Tech. - Survey II.06 Volunteer Specialist - Sr. Center 13.01 Sr. Accountant - Accounting i 14.01 Sr. M.W. - Landfill lir 11.19 12,29 12.71 13.25 13.74 14,18 14.01 Sr. N.W. - Pollution Control Biwk 895.20 983.20 1,021.60 1,060.00 1,099.2(1 1,134.40 14.04 Sr. N.Y. - Cemetery Ann 23,275.20 25,563.20 26,561.60 21,560.00 28,579.20 29,494.40 14.06 Associate Planner 14.02 Human Services Coordinator 14 -OR Sr. Librarian 14.10 Civil Engineer 15.01 Sr. N.Y. Water - Customer Service lir 11.60 12.79 13.27 13.76 14.22 14.70 15.01 Program Specialist - Sr, Center Biwk 934.40 1,023.20 1,061.60 1,100.80 1,137.60 1,176.00 IS -01 Energy Coordinator Ann 24,294.40 26,603.20 27,601.60 28,620.80 29,577.60 30,516.00 IS -04 I Sr. N.Y. Water - Distribution I I t i v CITY O IOWX APPENDIX D CIVIC CENTER 410 E WASHINGTON ST IpW CITY A CITY, IOWA 52240 (319) 356-5X0 April 6, 1987 Mr, Charles Boldt AFSCME Local 183, AFL-CIO 1027 Hollywood Boulevard Iowa City, Iowa 52240 Re: Reclassification Procedures during FY88-89 Dear Mr, 807dt: This letter acknowledges our discussions concerning cations for FY88-89, The City of Iowa City tal position reclassificationg Position reclassifi- follows: efforts begun in continue its experimen- calendar year 1982 as Section 1, purpose The Job Evaluation Committee will be responsible for and equitable classification of all AFSCME new AFSCME positions and resolving maintaining fair tion. 9 disputespoVer�ons, for classifying Position classifica- Section 2, Evaluation Instrument The Committee will use the 1982 study and shall have resayes/Hill evaluation instrumn tion of the evaluation instrument,bility for modificationeor used in the interpreta- Section 3, Committee Membership and Structure I. The Jab Evaluation Committee by shall be comprised of tor, and four to be electedtfr including the Personneight members, lected based on their °m the Union, Members wills be tse- operations. The Union will lselectfits widerange Cit mittee, subject to the City'stitsy fobs and employee from his/her duties for ability t0 excuse to the Com - accomplish the Committee's es fo the length of time necessary individual tatives will not be Committee necessary to Selection of Union represen- Section 4, unreasonably denied, Meetin s 1• The Committee will meet as necessary to hear all fication appeals by employees, a60the call of the Personnelrgdminis- trator, normally no later appeal, days following submission of an 76 Mr. Charles Boldt April 6, 1987 Page 2 O-2 2. Committee members will be compensated for all meeting time during the employee's regularly scheduled working hours. Section 5. Rules 1. All decisions of the Committee, except where otherwise noted, will be considered to be passed upon a simple majority of its members, which shall constitute a quorum (including the Personnel Administra- tor). 2. In the event that the Committee is unable to achieve simple majority approval of any specific classification or compensation decision, classification or compensation of the position in question will remain unchanged. 3. The Personnel Administrator may vote in place of any absent Manage- ment Committee members. The Union officers may vote for any absent Union member. 4. The Job Evaluation Committee may waive, modify or amend any of the sections of this article as specified, upon unanimous vote of the Committee. The Committee shall determine all other necessary oper- ating rules and procedures. 5. No new pay range or classification adjustments will be made without approval of the Committee. Section 6. Classification Appeals 1. Employees will be informed of the procedures for appealing the classification of a position. 2. An employee may only appeal the classification of his/her own posi- tion. Appeals may also be made by a group of employees all holding the same job title. 3. An employee or group of employees appealing the classification of a position will complete and submit information as requested by the Committee. 4. Employees will be allowed to make an oral presentation to the Job Evaluation Committee, within time limits imposed by the Committee. Oral presentations will be made in closed session if the employee so desires. 5. The employee's supervisor or other Administrative employees may be called for questioning by the Committee at the request of the Per- sonnel Administrator. 6. The appealing employee will be compensated for time spent in the Committee meeting, except that if a group presentation is made, only two employees will be compensated. 7/50 __7 Mr. Charles Boldt April 6, 1987 Page 3 D-3 7. Classification appeals may be initiated by the Personnel Administra- tor. Employees in the position being appealed will be working days notice of the appeal and will be entitled to all rights as outlined in this section. given ten 8. Committee deliberations will be conducted in closed session. Section 7. New Positions 1. Newly createdositions will be classified b the trator initially, with the classification of the Personnel Adminis- by the Committee six months following the position Positbeing ion eviewed Section B. Salar Adjustments 1. No new salary ranges will be created except for labor market im- pacted positions. Z. If the classification of a position is decreased, affected employees will not be reduced. the salary of i 3. Employees in positions found to be under -classified will receive a salary adjustment equal to: a) the minimum of the new salary range, if below the minimum, or b) a one-step increase (step to be defined as the percentage dif- ference between letter steps in the new salary range), if salary will fall on or below the maximum of the new range. Section 9. Labor Market Adjustments I. Salary information will not be considered in the classification of a position. 2. Compensation of a position may be appealed by the affected employee, or group of employees, to the Committee utilizing the procedure in Section 6. i 3. Inthe event that salary maximum of a position is shown to be un- der -paid by at least 15 percent based on relative comparable posi- tions in other, cities (provided a comparable positions), the Job Evaluation Committof ee cities report temporarily assign the position to a newly created salary may vote to If less thara n four cities report Comparable positions, the newly created j assignments ewillreases expiresatlltheotend exceed ofd15 everpercent, Special grade survey evidence will be based only on a survey fiscal ofacomparable posi- tions in the year. Salary top ten cities (by population) in Iowa and may be 7/S Mr. Charles Boldt April 6, 1987 Page 4 D-4 presented by either management or the Union. (Example: Electri- cian, Grade 8, Range 51,000-$1,300, 15 percent off the market moved to Range 8A, $1,150-$1,495. Range width remains the same, salary maximum increases by survey average.) 4. Upon employee appeal, salary survey will be conducted by the Person- nel Administrator and presented to the Committee. The employee may also present salary information conforming to the above survey criteria (information to be gathered on the time and at the expense of the employee). Section 10. Funding 1. Reclassification decisions of the Committee will be effective the first day of the next pay period following City Council approval. Section 11. Impasse Procedures 1. The actions and decisions of the Job Evaluation Committee shall not be subject to the grievance/arbitration procedure of any collective bargaining agreement. Section 12. Release of Technical Information 1. Preservation of the integrity of the evaluation system necessitates that information regarding the rating and point value of the spe- cific evaluation questions be limited to prevent manipulation of those points. No member of the Job Evaluation Committee, with the exception of the Personnel Administrator and two Union officers, will be permitted access to point information. Section 13. City Council Approval 1. All decisions of the committee are subject to the approval of the City Council and availability of funding prior to implementation. Section 14. Duration 1. The parties understand that this procedure is a continuation of an shdure allibental used to determine reclassifications ram and is itself m during FY88j89paand ethen shall become null and void. This procedure will be continued in effect thereafter only by mutual agreement of the parties. Sincerely yours, Dale E. Melling Assistant City Manager ac/sp _ 7� APPENDIX E CONTRACT SIDE LETTER ON LIBRARY SCHEDULING After staffing needs for public service areas by each department, permanent schedules for these areas will be bid on three times annuall have been -determined June 1 to August 31 y to be effective Januar y Iand September 1 to December 31. o May 30, Seniority will be used for the purpose of allowing choose those weekends, those nights and those 9 - do not wish to work. 9 employees to each participating de Each schedule period the seniorfts that they and 9-6 shifts the department will indicate employee in will choose next y c. not wish t6 work. those nights, weekends, Of weekends etc. Each emplo ee will we second senior person If supervisorsparticipate 9-6 shifts during the schedulek a r number on a regular basis pate in evenings, weekend and 9-6 shiftworkin the selection , their seniority will be used to decide process. their In the event that Alac necessity of schedulinglallrem employees for Teari be met without the shift plo ees for a work for a employee who has not rejectedunirhnightt or yor 9-6 turning previous schedule period shall have first choice 6inhift When alldemnlonight or he shift work for the first choice yees have been offered the firstechoice,xt the reverts back to Period. the senior most em to then the Employees will be allowed to trade work P yee. Of the department head. Periods with the approval In the event an employee desires weekend that employee i P yee will be given preference forethat w k 9-6 shift work meets the needs of the department. that work provided it the There emsloYee involved. ll be vo regular split shifts except by the agreement of P i iNovember 27, 1978 1 i 7160, -I W. E-2 AMENDMENTS TO CONTRACT SIDE LETTER ON LIBRARY SCHEDULING JULY 23, 1982 Library employees may request to work 6 partial days; for example, one-half day on Saturday and one-half day on Monday, where staffing permits. The basis to determine adequate staffing will be enough people within one department electing the option to make it viable. For permanent full-time library employees who elect this option, work performed on the 7th day of the work week shall be considered overtime. j Library employees working schedulied overtime on Sunday will have the option at the beginning of each permanent scheduling period i to designate whether the time will be taken as compensatory time, or paid, at the rate of one and one half hours for each hour worked. Compensatory time off canle changed through mutual agreement at the same time and in the same manner as iother scheduling,or leave changes. Employees who wish to change their option of pay or time compensation within a scheduling period may submit a request to their supervisor in the same manner as other scheduling and leave changes. The Library will honor requests of this nature whenever staffing and financial resources permit, with the understanding on both sides that no reasonable request will be unreasonably denied. I it 715' -I APPENDIX F LETTER OF UNDERSTANDING City" of Iowa City and Local 183 of American Federation of State, County, and Municipal Employees, AFL-CIO It is understood between the parties that the purpose of this letter is to define what constitutes abuse of sick leave and to describe the mechanism which used advise to 4tees that tslbe boskleave athebesubjectdiscplinaryacion.Anydicipinaryactinissubjecto contractual grievance procedure. This letter will be appended to the F*86-87 rrg 8-8` agreement between the parties and shall remain in full force and effect during the contract period. The Human Relations Department will maintain records of the number of incidents of use of sick leave for each employee. An incident can have a uraon of one or more consecutive days, and may involve, use, of sick leave - for an employee or for a family member (as specified in the FY86-87 Agreement between the parties). Frr7-89 An incident occurs for an absence resulting in use of sick leave, or upon the exhaustion of sick leave, use of unpaid leave in lieu of sick leave where a doctor's verification is absent. The following are specific exclusions as incidents: I. Any incident which includes hospitalization or outpatient surgery. 2. Absence due to on-the-job injury, 3. Any medically verified medical or dental absence. 4. Absence resulting from the employee being sent home sick by the City or receiving permission to work a partial workday as part of their recuperative process. 5. Use of sick leave to supplement funeral leave. Chronic illnesses which adversely affect the employee's ability to perform regular duties will be dealt with on an individual basis and will be treated as an exception from determination of excessive use of sick leave, provided medical verification of the chronic nature of the illness is submitted. The employee may be asked to submit documentation to substantiate doctor/dentist appointmentshospitalization, surgery or chronic illnesses. Doctor's or a dentist's verification is intended only as a vehicle by which the City may scrutinize those cases where sick leave abuse may be suspected. 7160 F-2 The following schedule will be used in determining abuse of sick leave and the appropriate corrective action: Number of Incidents Required Action 5 Letter to employee explaining suspected abuse of sick leave from Human Relations Depart- ment. 6 Oral reprimand. 7 Written reprimand. B Written reprimand. 9 One day suspension. 10 Three day suspension. 11 Ten day suspension. Incidents over 11 in a base period may result in more severe disciplinary action. The following cleansing features will apply to determination of sick leave abuse. 1. The base period is 365 days. Incidents older than 365 days are ex- cluded. 2. For each incident - free 60 day period prior to the current incident, one Incident will be excluded when considering discipline. 3. The date of the incident will always be the last day of the pay period in which the incident began. Pay period date is used. due to computer data entry limitations. Actual dates of incidents can be obtained from Finance or departmental files. rYBS_3i This side letter is effective during the *Y86-8.7- contract. Anne rector a Charles Bo dt, AFSCME Local 1B3 Date Dan Daly, President, AFSCME Local 183 Date 715 APPENDIX G LETTER OF UNDERSTANDING City of Iowa City and Local 183 of American Federal of State, County and Municipal Employees, AFL-CIO This letter is written to clarify interpretation of Article XX Grievance Procedure. Section 3. Limitations of the contracts, the end guage of which follows: O n — act 'Any monetary award or compensation arising out of the resolution of a grievance is limited to the period of time 60 days prior to the filing of the grievance regardless of the length of the practice giving rise to the grievance or the employee's lack of knowledge thereof." The following provisions will apply to interpretation of the above language: 1. Pay corrections in matters involving inaccuracies in payment of base pay and merit increases or inaccuracies created by data entry or other Accounting Division error will be made retroactive to the date of the error, which may be greater than 60 days. 2. Any other type of payment error will be subject to the 60 day limitation on retroactive pay as outlined in Article XX. OA�J_ (J. City of Iowa, City i�w� 1]�SL. I�arii�-Nr FS ME LoC—al 1 3J AFSCM183 y-7o-�5 Date — DateN30 -- lsS ,i0 Date 715� __T Appendix H MEMORANDUM OF UNDERSTANDING City of Iowa City and American Federation of State, County, and Municipal Employees AFL-CIO, Local 183 Re: Article XX, Section 5 Labor -Management Committee It is understood between the parties that the provisions of paragraph 1 of the above -referenced section include the following: a. Bargaining unit employees (not more than four) excused from work to attend Committee meetings will be paid for all regular duty time spent at such meetings. b. "Representatives or agents of the parties" as referenced in the third sentence of this paragraph means only those representatives or agents retained by AFSCME and does not include, for the purpose of pay, officers, stewards, or other members of the bargaining unit. It is thus understood that the City shall in no circumstances be obliged to pay more than four (4) bargaining unit employees for duty time spent in attendance at a Labor -Management Committee meeting under the terms and provisions of Article XX, Section 5, except in such cases where said provisions may be voluntarily waived by both parties to the agreement. For the City: Dale a ng, Aantiager For AFSCME Local 183: CP�.e rw 6 _etP Charles War, Staff Representative S / Date s � Date 750 q;1 RESOLUTION NO. 87.109 RESOLUTION RECLASSIFYING A POSITION IN THE LEGAL DEPARTMENT AND AMENDING THE ADMINISTRATIVE PAY PLAN. il on Jy 1 1986, established Resolution aclassification/compensation plan Cfor Administrative employees; and is WHEREAS, the classification plan of the City of Iowa City was established and maintained of job dutiesandresponsibi� levelct liob classification and compensation the NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following position be reclassified and the Administrative pay plan be amended by reclassifying the position of Assistant City Attorney I from Grade 53 to Grade 55. It was moved by Baker the Resolution be a a an u o ro and seconded by Zuber P—call there were: AYES: NAYS: ABSENT: X X Ambrisco X Baker X Courtney Dickson X McDonald X X Strait Zuber Passed and approved this 12th day of ply 1987. MAYOR ATTEST: obLtKK �v�c�/ J QI ht "WG6 8�•]14fCHhE / ' s/A>