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HomeMy WebLinkAbout1976-08-24 Resolution0 RESOLUTION NO. 76-275 RESOLUTION APPROVING C " BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Friday's, Inc. dba/ T.G_I_ Friday's, 11 South Dubuque Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibili information or documenty, surety bond and all other ts required to the Iowa Beer and Liquor Control Department. It was moved by Foster as rea and seconded by Balmer that the Resolution there were: adopted, and upon ro ca Balmer AYES: NAYS: ABSENT: x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 24th day of August 19 76 1 3aa RESOLUTION N0, 76-277 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: East Moline Pizza Hut, Inc. dba/ Pizza Hut, 1921 Keokuk St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Balmer that the Resolution as Tea a adopted, and upon ro ca there were: Passed and approved this 24th day of August - 1976 AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed and approved this 24th day of August - 1976 RESOLUTION NO. 76-276 ON OF APPROVAL OF CLASS B BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CI`1'Y, IOWA, that a Class B Sunday Sales Permit application is hereby approved or t e ollowing named person or persons at the following described location: Friday's, Inc. dba/ T.G.I. Friday's, 11 South Dubuque Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license Sea, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Balmer that the Resolution as read be a op e , and upon roll ea there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 24th day of August , 19 76 y i RESOLUTION N0. 76-278 LtE iT RESOLVED BY THE CITY COUNCIL OF rowa CIPY approved or t e lollowiny Sales Permit application Islh0erebyhat a class $ following described location ed person or Persons at the East Moline Pizza Hut, Inc. dba/ Pizza Hut, 1921 Keokuk St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for be endorsed upon the application with the license foe and forward the sameptogethto er menta required e , bond, and all other information or docu- the Iowa Beer and Liquor Control Department. It Was moved by Foster that the Resolution as rea and seconded b were: e a opte Y Balmer and upon roll ca t ere Bal-- m— ems_ deProsse Foster Neuhauser Perret Selzer Vevera Passed this AYES: NAYS: ABSENT: x, x 24th day ----_ August , 19 76 RESOLUTION NO. 76-279 RESOLUTION APPROVING CLASS L LIQUOR CONTROL LICENSE APPLIMIOA BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve or the following named person or persons at the following described location: Cardan, Inc. dba/Joe's Place, 115 Iowa Avenue Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded by Balmer that the Resolution as rea a adopted, and upon row ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret h Selzer a Vevera x Passed and approved this 24th day of August 19 76 32b ��:,.3S o RESOLUTION N0. 76_284 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTMT7Aj BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve or the following named person or persons at the following described location: Robert H. Smelser & Wilson E. Wiley dba/Hind End Lounge, 1310 1/2 Highland Court Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law, he City to heTendorsedCupon theshall application eand forward nthe rsame together with the license fee, certificate of financial proval responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by that the Resolution there were: Balmer deprosse Foster Neuhauser Perret Selzer Vevera Foster and seconded by Balmer as res a adopted, and upon—r-011—c--Eu AYES: NAYS: ABSENT: x x x x x x x Passed and approved this 24th day of August 1. 9 76 13 ;k7 n RESOLUTION NO. 76-285 RESOLUTION OF APPROVAL OF CLAS LICENSE APPLICATIO,J. sNNnav s. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Sales Permit application is hereby approved or t e ollowing named person or persons at the i'ollowing described location: Marquette Club - Knights of COILunbUs Building Association, 328 E. lYashington St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together With the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Foster and seconded byBalmer were: that the Resolution as rea e a op e , and upon roll call there AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 24th day of August 19 76 3exy ^V /�G�� YS 1 6 RESOLUTION NO. 76-280 RESOLUTION TO ISSUE CICARETTE PERMITS WHEREAS, the following firma and paraona have made application, filed the bond, and paid the mulct tax required by law for tha sale of cigarattea and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL 07 IOWA CITY, IOWA, that the applications he granted and the cigarette bond now on file in the office of the City Clerk be :ind the same are hereby approved, and the City Clerk be and he is hereby directed Lo Issue a permit to 8211 cigarette papar3 and cigarattea to the following named persona and firma: University 66 Service, 25 w_ Burlington St. Applegate's Landing, 1411 South Gilbert (Iowa City Supply & Vending) Highlander Inn and Supper Club, Route 2 Dick's Texaco, 301 Kirkwood Ave. Denny's Riverside 66, 804 South Riverside Drive East -Vest Oriental Foods, 615 Iowa Avenue It was moved by Foster and seconded by Balmer that the Resolution as read -be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera ;; Passed this 24th day of August 19 76 /329 RF,SOLUTION NO. 76_281 RESOLUTION TO ISSUE DANCING PERMIT. 1SF IT RESOLVED BY THE CI'CY COUNCIL OF IOWA Permit as provided by law is -ry Cb at the followin CITY IOWA, that a Da endorsed g described locations granted to the followingPerson ed thereon the ceritifcates upon his ficin named person and com lied of the g an application allpfire with all health and sanitary proper city officials having Permit, Haws regulations and ordinances,• regulations, and anancehaving Navin ordinances and g a valid Class "B',' Beer The Highlander Inn and Supper Club, Route 21 Iowa City It was moved by Foster that tl,e Resolution as read be ado ted and P and upon AYFS: NAYS: ABSENT:Balmer �— x deprosse x Foster — x Neu]iauser '�— Y. i orret SelzSelZer — r — x i Vevera P s /14th day of puusl� seconded by Balmer roll call there were: 19 76 3 2C( RESOLUTION NO. 76-282 RESOLUTION TO REFUND BEER PERMIT WHEREAS,--tM Victor V. WOolums dba/A & V at 431 Kirkwood Ave. izza i a has surrendered beer permit No. C5232 expiring May 7, 1977 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 56.25 payable to the Victor Vincent Iloolums II for refund of beer permit No. C-5232 dba/A & V Pizza Villa It was moved by foster and seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: SIGNED• X Balmer }' deProsse x rne+c r X Neuhauser X Perret X Selzer X Passed this 24th day of August Signed Lhis day of Vevera 19 76 19 330 ��.G 5 _5 13 • RESOLUTION' N0. 76— RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Central Vendors, Inc, -ba/ at 405 S Gilbert SanctuarySt. in Iowa City, Iowa, has surrendered cigarette permit No. 77-52 June 3019 76 ---- F expiring , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IGWA, that cigarette permit No. 77-52 issued to Central Vendors Inc be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 payable to Central Vendors, Inc. as a refund on cigarette permit No. 77-52 It was moved by Foster and seconded by Balmer that the Resolution as read be adoFted, and upon roll call there were: Balmer deProsse Foster Neuhauser Perret Selzer Vevera AYES:NAYS: ABSENT: X Passed this 24th day of August 19 76 x X X Passed this 24th day of August 19 76 RESOLUTION NO. 76-286 RESOLUTION AUTHORIZING AGREDTANT BETWEEN THE CITY OF IOIVA CITY AA'D 'THE JOHNSON COUNTY AREA PUBLIC BIPLOYEES, AF -SOME, LOCAL "183, TO BE EFFECTIVE JULY 1, 1976 TROUGH JUNE 30, 1978. *[EREAS, the City of Iowa City, Iowa (hereinafter the City) and the Johnson County Area Public Employees, AFSDIE, Local #183 (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collec- tive bargaining agreement to be effective July 1, 1976, through June 30, 1978, a copy of which Agreement is attached to this resolution as "Exhibit A" and by this reference made a part hereof, and WIERFAS, the Union has approved the Agreement by a vote of its membership on August 4, 1976, and UTIEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the com- munity with municipal services; NOW, T[IEREFORE, BE IT RESOLVED BY THE COUNCIL OF -[FIE CITY OF IOIVA CITY, I01VI4, THAT: 1. The above -referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. It was moved by Foster and seconded by deProsse that the Resolution as react e a opte , and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser _ x Perret x Selzer x Vevera Passed and approved this 24th day of August 1976. Mayor City Clerk ACREDIENT between THE CITY OF IOWA CITY, THE IOIVA CITY LIBRARY BOARD OF TRUSTEES and • THE AMERICAN FEDERATION STATE C OF , COUNTYAND MUNICIPAL EMPLOYEES, LOCAL 183, AFL-CIO JULY 1, 1976 through JUNE 30, 1978 10�C41 91 • TABLE OF CONTENTS -i- Preamble. . . . . . . . . . . . . . . . . . . . . . . . . . . 1 • I. Recognition . . . . . . . . . . . . . . . . . . . . . . . . . 2 II. Management Rights . . . . . . . . . . . . . . . . . . . . . . 2 III. No Strike - No Lockout . . . . . . . . . . . . . . . . . . . . 3 IV. Bulletin Boards . . . . . . . . . . . . . . . . . . . . . . . 3 V. Business Agents . . . . . . . . . . . . . . . . . . . . . . . 4 VI. Dues Check Off . . . . . . . . . . . . . . . . . . . . . . . . 4 VII. Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . 5 1. Work Week . . . . . . . . . . . . . . . . . . . . . . . . 5 2. Temporary and Part-time Employees . . . . . . . . . . . . 5 A. Permanent Part-time . . . . . . . . . . . . . . . . . 5 B. Temporary Employees . . . . . . . . . . . . . . . . . 5 3. Scheduling . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Rest Periods . . . . . . . . . . . . . . . . . 6 5. Meal Periods . . . . . . . . . . . . . . . . . . . . . . . 6 6. Clean-up Time . . . . . . . . . . . . . . . . . . . . . . 6 7. Inclement Weather . . . . . . . . . _ . . . . . . . . . . . 6 VIII. Overtime . . . . . . . . . . . . . . . . . . . . 6 • 1. Overtime . . . . . . . . . . ... . . . . . . . . . . . . . 6 2. Overtime Equalization . . . . . . . . . . . . . . . . . . 7 3. Overtime Rest Period . . . . . . . . . . . . . . . . . . 7 4. Stand-by Time . . . . . . . . . . . . . . . . . . . . . . 8 S. Reporting Pay . . . . . . . . . . . . . . . . . . . . . . 8 6. Minimum Call-in . . . . . . . . . . . . . . . . . . . . . 8 7. Professional Employee . . . . . . . . . . . . . . . . . . 8 8. Sunday Work at the Library . . . . . . . . . . . . . . . 8 9. Calculation of Overtime . . . . . . . . . . . . . . . . . 8 10. Payment of Overtime . . . . . . . . . . . . . . . . . . . 8 IX. Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 X. Vacations . . . . . . . . . . . . . . . . . . . . . . . . . . 10 1. Accumulation . . . . . . . . . . . . . . . . . . . . . . . 10 2. Use of Vacation . . . . . . . . . . . . . . . . . . . . . 10 3. Payment of Accumulation . . . . . . . . . . . . . . . . . 10 4. Transition Period . . . . . . . . . . . . . . . . . . . . 10 -i- TABLE OF CO\TEATS Pre<vnble . 1• Recognition II, Minagement Rights 11T, No Strike - ,\o L Lockout 2 IV. Bulletin Boards Z V• Business Agents V1. Dues Check Off 3 _ VI[- Ffours of Work 4 I- Work Week 4 Temporary andPart-time Employees 5 A• Permanent Part-time 5 B• Temporary Employees 5 3• Scheduling 4- Rest Periods 5 5. Meal P eriods 5 6- Clean-up Time 6 7- Inclement Weather 6 VIII. Overtime 6 -1 - Overtime . 2. Overtime Equalization 6 3. Overtime Rest Period 6 4.7 Stand-by Time Reporting Pay , 6. AIinirmun Call-in 8 7, Professional Employee 8 • 8. Sunday Work at the Library 8 9. , Calculation of Overtime 10. Payment yrnent of Overtime - IX. Holidays . g X. Vacations 8� 9 1. Accumulation 2. Use of Vacation 10 of. . . 3. Payment o F Accrmiulation IO 10 4• Period 10 10 -i- •• XI. Sick Leave . . . . . . . . . . . . . . . . . . . 11 1. Accumulation . . . . . . . . . . . . . . . . . . . . . . . . 11 2. Use of Sick Leave . . . . . . . . . . . . . . . . . . . . . . 11 3. Notification . . . . . . . . . . . . . . . . . . . . . . . . 11 4. Injury on the Job . . . . . . . . . . . . . . . . . . . . . . 11 S. Sick Leave Bank . . . . . . . . . . . . . . . . . . . . . . . 12 XII. Special Leaves . . . . . . . . . . . . . . . . . . . . . . . . . 12 I. On -the -Job Injury . . . . . . . . . . . . . . . . . . . . . . 12 2. Funerals . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3. Leave of Absence Without Pay . . . . . . . . . . . . . . . . 13 4. Jury Duty . . . . . . . . . . . . . . . . . . . . . . . . . . 13 S. Witness Fees . . . . . . . . . . . . . . . . . . . . . . . . 14 6. DIilitary Leave . . . . . . . . . . . . . . . . . . . . . . . 14 7. Voting Time . . . . . . . . . . . . . . . . . . . . . . . . . 14 8. Pregnancy Leave . . . . . . . . . . . . . . . . . . . . . . . 14 9. Union Business Leave . . . . . . . . . . . . . . . . . . . . 14 XIII. Seniority , , 1. General Provisions . . . , , . . , . , , , , . , _ , . 15 2. Use of Seniority . . . , . . . . . , . . 15 A. Transfer Procedures . . . . . . . . . ... ,-,-, -, 15 B. Reduction Force .in . . . . . . . . . . . . . . . . . . . 16 C. Recall from Layoff . . . . . . . . , . . . . . . . . 16 3. Trial Period . . , . . . . , • • • . • , , , . • , . . . 16 A. Employee Option . . . . . . . . . 16 B. City Option . . . /. . . . . . . . . . . . . . . . . . . . 17 4. Compensation after Transfer . . . . . . , . . , . . . . . 17 S. Transit Scheduling . . . . . . . . . . . . . • . , . 17 XIV. Discipline . . . . . , , 17 I. Purpose . . . . . . , 17 2. order of Actions . . . . . . . . . . . . . . . . . . . . . 17 3. Serious Violations . . . . . . . . . . . . . . . . . . . . • 17 XV. Insurance . . . 1, Medical Insurance . . . . . . . . . . . . . . . . . , . 17 2. Life Insurance . . . . . . ... • , , . • . 17 XVI. Safety . . . , - I. Policy . . . . . . . . . . . . . 18 . . . . . . . . . . 2. Standards . . . . . . 18 _ 3. Notice of DeEect . . . • • • . 18 4. Special Grievance Procedure 18 5- Safety Committee . . . . 18 XV1T. Personnel Transactions . 18 XVIII. Clothing and . . . . . . . . . . . . . . Clothing Equipment . . 18 XIX. Recovery and Rehabilitation Program _ • ' ' ' • 19 1. Voluntary Referral Service . • • 19 2. Problem Drinking 19 3. Procedure . . . . . ' ' ' • ' • • • 19 XX. Grievance Procedure • 19 • • . • • . . . . . •' • • 1. Definitions . . , - • • 20 . 2. Representation . . . . ' ' ' • • • 20 . • . ' • • 3• Limitations . . • • 20 , 4. Procedures . . . . . . . . . . . . . . . . . . . . . . 20 5. Grievance Committee ' • ' • • . 20, 21 XXT. Pay Plan . . . . . . 22 1. Classification Plan . • • . • 2L . . • . . . . • . ' • ' 2. Dfer.it Plan . . . . • . 22 . 3. Pay Increases . . . . . . . . . . . . . . . . ' . ' . . 22 4. Pay Plan . . . . . . . . . . . . . . . . . . 22 XXII. Authorized Representation, Entire Agreement, and Waiver, 23 XXII1. General Conditions . • ' ' 23 XXIV. Duration of Agreement . . . 24 XXV. Savings Clause . . . . . . • . • . • • • . • • ' • ' • • 24 . Classification Plan 24 Sienature Page • • . . . . . . . . . • ' • . . • 25, 26, 27 . . . . . . . . . . . . . . . . 28 • 0 • AGREL%1liVT OF '111E CITY OF IOIVA CITY and TITS IOIVA CITY LIBRARY BCUIRD OF IRUSTI;F.S WITII JOIiNSON COUNTY AREA PUBLIC EMPLOYEES, AFSQgE, LOCAL N 183 • 40 PREMffiLE This Agreement is executed by the CITY OF IOWA CITY, Iowa, and the Iowa City Library Board of Trustees, and the Johnson County Area Public Employees, AFSGME, Local k 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 applicable ordinances of the City of Iowa City. It is the purpose of the City and the Union to establish salaries and terms of employment consistent 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 effectiveness and efficiency of the services offered to the citizens of Iowa City. The parties agree to the following specific provisions: 1 ® 0 ARTICLE 1 RECOGNITION • Section 1. The City of Iowa City, Iowa, recognizes the Johnson County Area Public Employees, AFSGIE-, Local 183, as the sole and exclusive bargaining 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 Employee Relations Board on February 2, 1976. Section 2. The Iowa City Library Board of Trustees recognizes the Johnson County Area Public Employees, AFSCrIE, 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 Public Employee Relations Board on February 9, 1976. Section 3. Sworn police officers and firefighters as well as all supervisory, confidential and temporaryemployees 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, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with • their membership in the Union. ARTICLE II MANAGENIENT RIGNfS Section 1. Except as Limited by the express provisions of this Agreement, 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 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, 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. • -2- 0 I • e. To maintain the efficiency and to determine of the governmental operation and maintain the nature, scope and definition of City organization. f. To Of employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the: definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but; not limited to the right to work. contract and subcontract T• To take such actions as may be necessary to carry out its mission. j• To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Agreement shall engage in any stri e at any City facility or at any location in the City where City services are performed during the life and duration oft is Agreement. If any strike shall take place, the Union will notify employees engaging in such activities to cease and, desist, and it s ' of this Agreement andpislunauthorized.declare thEm loyeessuch cin the is in violation unit, while acting in the course of theirmemployment, in the bargaining. to cross any picket line established b labororganization r shall not refuse called upon to cross such picket line in ellinoe ofgatiThe Cit will make reasonable efforts to assure a duty.' The City picket lines. Any employee engagingmPloyee safety iviolatsing_-. Article shall be subject to imeiaeldisci disciplinary action ivity ti includi g the discharge by the City, p rY including Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes -ring the term of this Agreement. . ARTICLE IV BULLETIN BOARDS Section 1. The City shall assign space as currently provided: on • bulletin boards for the Union to post notices, a co provided to the Human Relations Director. No shaof ll not ccontain be Political material, libelous material, or material which is injurious to the City or to employees. Union notices will be limited to designated spaces. -3- ARTICLE v 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 only during regular working hours, for the purpose of investigating matters relating to the administration of this Agreement. Section 2. The Union shall notify the Hunan 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 Department 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 thedues schedule 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. Cancellations 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. • -4- 0 • ARTICLE VII • HOURS OF WORK Section 1. Work Week. Except for six.(6) and seven _(7) -day operations, the regular wor week for permanent full-time employees shall begin on Monday and extend through Friday and will consist of five consecutive eight hour days for a total of forty (40) hours, which includes holidays and paid leave. Any employee whose work week regularly varies from this will be notified at the time of employment. The;supervisor and the employee may agree to vary the regular work week.. A day will be defined as the time between 12:01 A.M. and midnight 24 hours later. Section 2. Temporary and Part-time Employees. A. Permanent part-time. Permanent part-time employees shall be assigned a regular nu er of hours per week for the purpose of determining the City's benefit contribution. Benefits to permanent part-time employees will be prorated on the number of hours to which the employee has been assigned. Occasionally the hours -actually worked will vary from the assigned number. No minimum amount of work is,guaranteed to part-time employees. Any employee whose hours actually worked regularly exceed his/her assigned hours shall be reassigned hours for the purpose of proration of benefits. An employee may request a redetermination of his/her assigned hours or proration of benefits through the grievance procedure. Nothing in this section shall require a permanent part-time employee to regularly work more than his/her assigned hours. B. Tem reement is ora Em to ees. A temporary employee within the meaning of this one who is appointed for a particular purpose for less than twelve (12) months. Casual employees, seasonal employees, special program employees, and employees who regularly work less than 20 hours/week are also temporary within the meaning of this Agreement. Temporary employees are not entitled to sick leave, vacation, insurance benefits, seniority, holidays, use of the grievance procedure, or any other benefits provided under this agreement. If an employee has worked as a temporary employee for six (6) months, he/she may file a request with the Human Relations office for permanent status. Provided: that a permanent vacancy within classification is available for which the employee is qualified, the temporary,.employee may compete with other applicants for the vacancy on basis of:seniority accrued from the last date of hire. If no permanent opening is available, the employee will be laid off immediately -The employee may elect to continue on temporary status for the duration of the particular purpose for which they were employed. The seniority date for current temporary employees who apply for and are placed in permanent positions will be July 4, 1976. Special program employees include those funded by CEPA, work-study, WIN, Revenue Sharing for youth programs contract, andsimilaremployees.. Section 3. Schedulin The City may:temporarily vary the.,- • schedule of any employee by giving noticeto the employee that the schedule is to be varied either 24 hours ahead or on the preceding work day. No prior notice to change schedules is required in emergency situations or in the case of inclement weather. -5- Section 4. Rest Periods. Except for the transit employees, due City will provide a i during the regular wteen (IS) minute rest period at two times ork day. The location and scheduling will be determined by the immediate supervisor. 'rhe rest period will be scheduled at regular times within the work day to accommodate staffing needs. Preferences will be considered. Employee City willprovide S. Meal Periods. Except for transit employees, the minutes each day tan o eanpo? I H_c period of not less than thirty (30) the lunch period will be scheduledees in lat ve aareoperations. Whenever possible, Meal periods will be scheduled to accomnodag eathe time needs of the department with consideration of the in the work y preference of employees. Section 6. Clean -U2 time. If the nature of work performed requires it, employe -es --WI e a lowed at least five (S) personal clean-up at the end of the work day. Minutes for Section 7. Inclement weather. to work regardless o wea ter con ikons ifptheeCcanre expected is come Employees who appear for work at the scheduled time willbe compensated. ss Generally, City operations will not be suspended, but may be. rescheduled. If work is to be rescheduled the immediate s ompensated. information, supervisor will have available Employees who are unable to get to because of weather conditwork or who leave work early ions 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 OVERTBIE Section 1. Overtime. Overtime is work full or part-time emp o�n excess of eight Performed per d a permanent (40) hours per week with the following exction: hours per day ul forty scheduled to work more than eight (8) hours per Employees receive regularly for the time worked in excess of the re per day will hours per da. regularly scheduled hours per day. e.g., landfill employees who work twelve (12) hours per t i day will receive overtime for time spenn excess of twelve (12) hours per day or forty (40) hours.per week. Prior authorization from the employee's supervisor is required requiredvtotworkime wovertime but ork will becreditmay ed. E not Employees may be periodically physical inability or serious personal need; Suchrequests to rformr obbe excusof ed • -6- from performing overtime will not be unreasonably denied. • (6th)For following f )lda� employees, work performed on the sixth With the seventh g exceptions: y of the work week shall be considered overtime who are re continuous shift For regularly scheduled to work on six employees and persons that worked bent part-time employees all (6)wordrajys Y Permanent full-time employees will be Considered i dexcess o time. g t- 77�ere 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 call-in or the sixth(6th) day premium, the minimal Overtime w' not for both sections. times the currentl be compensated at the rate of one time off at the base hourly rate of the e and one-half overtime rate of one and one- employee or b (1 1/2) worked. 771e de half (1 1/2) hours for each and employee preferences Willea�t� staffing needs ch hour of compensatory time given. Imine whether over naeis paid or cial considerations, Section 2. Overtime a• To the �— E utilization. employees equallygconsidt extent posse le abili g the t > overtime shall be Offered -to ability of the individual employee type °f work, the follo1OTs and wing an e d the emplo ee'stseniprityee's desireft0 perform the follow' y The employeeY as set forth in the •beerwith the necessary qualifications the least number of overtime ' Offered such assignment, hours in that classificationbwilllbe first employees in gement, and in the event that overtime hours.amon the event no that classification are equal, seniorit the qualifiedemployee employee desires such work, sehe niority shallPrevailIn assignment"�ployCe wlth the least credit overime hours and if there are Y shall select Of overtime hours two or more employees with for such assigned, > the employee with Lite least senorit the same number b• The City shall ma' Y shall be thus public place in the work area, and post (at least monthly) hours worked by each e a list of classificatio Y) ut a accumulated overtime Poyee, and shall keep such ns showingovertimeshall commence on January being credited forward. list current with ry 1 of each year: Overtime accumulation highest who are new to a division shall be credited with g number of hours in the classification. from the equalization procedure est. may the at their own request. Y lie excused Section 3, Overtime Rest to work at least two eriod, If work day, the Cit t ptours Iumne lately afternthe emPloployee isrequirednorm o m I Y ill rovide for ore of the following; s normal a• A rest period of one-half hour immediately following day, or b One additional half- the work rate. hour of paid e compnsation at the overtime • This section does not apply if the employee is required to work- than 2 (two) hours following the work day, less -7- 0 • Section 4. Stand-by Time. Employees who are on stand-by time are required to be at a place designated by them which has access to a phone and from which they may reach the work area promptly. Employees on stand-by will be compensated at a rate of six (6) hours at current: base pay rate for each week of stand-by time. A call device and vehicle will be furnished to an employee on stand-by. Employeescalled to work shall be paid at the regular call-in rate for each call in addition to stand-by. Section 5. Ret, Pa If an employee reports for work at his/her regular time anp ace ut 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 and who is called 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. 'btinimum 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 minumum 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. Section 7. Professional Employee. No overtime will be paid or 40 credit given for overtime work of 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.for part-time professionals. Section 8. Permanent employees required to work on Sundays at the Library will 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 minute segments, and an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. Section 10. Payment of Overtime. Payment of authorized -over time will be on succeeding pay checks. ARTICLE IX HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day • M (July 4); Labor11); Dairst Monday Thanksgiving; Day (fourth Thr dayin ein Novemberet• �s Day (November g 8; Christmas Day (December 25 )- the Friday after • ); and one personal leave:day. Section 2. In addition, there shall be employees who do not work a continuous granted to permanent Christmas, or the day before or after New Year's rhe Day before or:after holiday. T� City Manager (or the Library DirectorforLibadditional ary implo may direct that employees observe a particular day for this holiday but if the Manager fails to make such designationn' employees) calendar year in question, employees my sel by December 15 of the to the approval of the supervisor. If may eect a particular da Director does not desi City Manager or Libraryub�ect December 24 and January 2. a day employees may choose a day between Section 3. Beginning continuous shift shall receieoeightyy 1, 1977, permanent on July l annually. -eight (88) hours of holidaays re a Jul 1 of y Any continuous shift employee who begins work after dates in the calendar year will receive credit for the remaining holiday those in the year. If an employee separates after Jul y.1 which have been credited but which have notoas Yetf any year, Will be deducted for the purpose of considering separation YS- occurred pay. e g•, Employee A receives credit for eighty-eight (88) hours Of holiday time on July 1. The employee terminates on November 1 and has not used an holiday hours. He would be paid sixteen (16) hours o oli a Y Pay (Independence Day and Labor Day). • e.g., Employee B receives eighty-eight (88) hours of holiday credit on July 1. Employee B terminates November forty (40) holiday hours. Only o (2) holidays (Indepen en7c ce Day and Labor Da twenty-four 24 y) have occurred prior to termination, therefore ( ) hours (40 used less 16 occurring) would be deducted from vacation pay or from the last week's wages. For the purpose of this Article, a holiday for continuous shift the day employees the (except Police Department employees) begins at 12:01 A.M. on hours thereafter, holiday and continues for a period of twenty-four (24) P.M. on the ft In the Police Department a holiday begins at 11:00: hours n the Preceding the holiday and continues for twen ty-four (24) When a en a holiday on aOccurson Sunday undahehe following Monday will be observed. Saturday preceding Friday will be observed. Section 4. Part-time employees will receive holiday Pro rata basis, da y pay on a Section 5. at a Eligible employees who are called i holiday on which n to work on a City operations are not open to the public will be one and one-half (1 1/2) times for the hours actually worked and shall receive holiday pay. Paid rate of Section 6. Permanent holidays when City operations e e tareassi loyeeswho are , assigned to work- on public will receive eight (8) hours of holida wed are open to the y credit during the pay. ME period in which the holiday occurs. This credit may be used after the holiday occurs but must be taken before th, , recreation next succeeding July 1. Generally this section applies to library, transitparks and parking enforcement employees. • 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 t ose employees who work in twenty-four (24) hour per day operations and who are subject to assignment on shifts beginning between 3:00 P-.NIF and 7:S9 A.M. Section 9. On January 1, 1977 continuous shift employees: will receive twenty-four (24) hours of holiday.credit. To make transition to July holiday plan, employees w remaining holiday hours. ill not be penalized for any holiday accumulation until July 1, 1977, at which time they will forfeit any ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned by permanent employees by month accor ing to the following schedule: Length of Service Days Per Pay Month 0-5 years 1 • 5 years 1 day - 10 years 1 1/4 10 years 1 day - 20 years 1 1/2 more than 20 years 1 3/4 Professional librarians shall receive 22 days of vacation per year regardless of length of service. The maximum number of hours eligible for carry over after July l of.any year or for payment upon termination shall be one hundred ninety-two (192) hours (24 days). Section 2. Use of Vacation. An employee becomes eligible'to take vacation after a s e s een on the payroll as'a•permanent employee for a period of six (6) continuous months. Scheduling will be arranged with the supervisor to accommodate staffing needs and employeepreferences. Except in the event of serious personal need by a less senior person, seniority will prevail. Section 3. Payment of Acculmilation.. Upon resignation or s s retirement after six (6) mon s of continuouervice, 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. Section 4. Transition Period. To make the transition to the July fiscal year accumulation p an, employees will not be penalized for a _10- 0 0 any vacation accumulation until July 1, 1977, at which time they will ® Forfeit any hours in excess of the one hundred ninety-two (lg2) hours maximum accumulation. ARTICLE XI SICK LEAVE Section 1. Accumulation. un sick leave credit per moat and shalloyees have thell be rightgto accumulate unused unused sick leave up to a maximum of 1440 hours 0180:days).` Sick leave shall not be accumulated while an employee takes a leave of absence without pay, but any employee granted a paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date Of first employment. Additional sick leave will not accrue while an employee is receiving worker's compensation. Upon resignation or retirement, the City shall pay.for one-half of the accumulated sick leave on the basis of a permanent employee's current hourly base salary. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave. . a. A day of accumulated sick leave shall be used'for each day 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 needs, or other health maintenance b• In addition to sickness of an e for: mployee, sick leave may be used (1) Un -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 member of the immediate household of the employee up to a maximum of forty (40) hours per occurrence. Section 3. Notification. An employee shall notify his/her supervisor as soon as reason y possible of any sickness or illness Wllich will cause him/her to miss work and unless such notification is given within one Cl) hour after the beginning of the work day, the`' absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual cir will be evaluated and may result in charging the absence to sick leave. • An employee who becomes sick at work will notify circumstances before leaving the area. his/her supervisor W&a 0 • Section 4. In the event a.n employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee • requires more than two (2) working days in which to recuperate and return to work. Section 5. Sick Leave Bank. Permanent employees in the bargaining unit may draw from a Sick Leave Bank beginning on October 1, 1976 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 of sick leave will pay back,the Bank from other accrued leave or in cash. A joint City -Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative, and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, • the length of the waiting period after exhaustion of sick leave before employees may borrow time, length of service before an employee 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 to protect against abuse by individuals. 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. ARTICLE XII SPECIAL LEAVES Section 1. On the Job In u 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 exits: a. The injury or illness arises out of the course of City' employment, and -12- • • 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 period of two (2) working days thereafter medical advisor. if authorized by the 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 workers compensation benefits. Section 2. Funerals. An employee will be granted up to three (3) calendar days per mci ent with no loss of compensation or.accruals to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in-.law, grandparents, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. If additional time is needed, an employee shall be Permitted to use up to three (3) calendar days of accumulated sick leave with the approval of the supervisor. Section 3. Leave of Absence Without Pa A leave of absence without pay is a pre eternun amount o time o f workwbeen recommended by the Department Director and approved by,the1Cityan Manager or for library employees, by the Library Director. Generally, such leave shall • not exceed twelve (12) months. Upon termination of any leaveabsence,employee shall return range andst paswhen he/she leftandwillre eive compensat}ionsoon the same basis as if he/she had continued to work at his/her regular position without leave, provided that during that period if the nature of operations has changed so that similar work does not exist or that :an opening for the employee no longer exists the employee will be offered vacancies in related areas or vacancies for which the employee is otherwise: qualified. In the event an employee fails to return to work at the end of: any such leave or extension he/she shall be deemed to have voluntarily.,. resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. Cannot pay retirement contributions if the leave exceeds one month in duration. b. Must pay group hospitalization premiums falling due during any month the employee is not on the payroll if coverage is.desired. C. Must pay premium for coverage under the group life insurance plan if coverage is desired. d. Shall not receive any other accruals or job benefits during the period of absence. e. Shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by the Agreement. f. Shall not earn sick, vacation, or other leave. g. Must use all accumulated vacation to which he/she is entitled prior to the time that • the leave without pay commences. The Department Director may waive the above conditions (a. through g.) for leaves of absence not exceeding ten (10) working days. -13- section 4.Jury Duty. Any employee summoned for jury duty during the employee's regular work hours shall receive regular standard time pay during any period of jury service. The City shall receive the pay earned from such jury service. Compensation for travel expenses may be retained by the employee. An employee who iisdissummoned fo j ury an hour duty but is not selected to serve on the jury and or more remaining in the work_ day shall return to work. Section S. witness Fees. An employee shall be granted leave with pay when require to e a sent from work for the purpose of testifying in court in response to legal summons and the City shall receivethe. witness fees up to the amount of compensation paid to the employee for days testified. Section 6. hlilita Leave. Employees called by any branch of the Armed Forces of e nate tates shall, when ordered. to active. eave of absence. for such period of time that service, be entitled to 't l the member serves in such capacity and until discharged therefrom:, The City shall comply with applicable law in regard hlton elms aleaiee. Employees subject to the foregoing shall, Io City employment, retain their original employment date for the.-, purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States has been spent in regular employment with the City. Section 7. Votin time. An employee shall be permitted to. vote during the work ay in any national, state, or local election if it is not reasonably possible for him/her to vote during off hours. • Section 8. Pregnancy Leave. A pregnant permanent employee; shall be entitled to a leavesabsence 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 notifythe . be Department Director prior to the anticipated date of birth and should Employees their condition by a doctor's statement. able to sub stantiate the may work during pregnancy if health permits. Those granted leaves under this section shall present doctor's statements 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 returnto work. Unless the employee returns to work by suchedate,rany o hercdate by reason of extension granted by tike City,employee to have voluntarily resigned or retired. Section 9. Union Business Leave. a. Any employee elected to office in the International eel s erlcan Federation of State, Count and Municipal Employees not to be granted a leave of absence without,p yor a periodexceed one year. 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. • b. Leave of absence without pay conferencesarelating; o theeeUnion e to conventions and training Local shall be granted to not more thantwo City ,employees _in -14- • 183 in any one calendar taken by any one employee seekin mployee under Not more than two days may be their g such leave shall present this section, selection by the certification �ployees specified conference Union to act as a representative in i t of the time they wish e at least ter, to a (10) working prior to ARTICLE XIII SEN_IO= Section 1, Seniority the Cit y shall than lyIfollowlngth sha nbegimpletion mean°feemPloymenontinuous service with on the immdate months in ag co of a Probationary and become applicable to unusual circumstances. Position, unless Xe tendedd °f not more• for An employee will lose -sen- in writing due Just cause, retirement, death y rights u Years. , or layoff for resignation, discharge Seniority shall ace more than two (Z) which a member is assigned "I during all paid leaves temporary an employee is on leavesification and during rY disabilit outside of; the bargaining on-the-' y as substantiated absence without pay as a result of On-the-job injury, seniority will accrue a doctor.' ® employee will not ace s certificate or for after a period rue seniori indefinitely, Otherwise, an of 30 days, tY while; on leave of. absence wi Period Of 30 day will not accrue thout pay 30 days, seniority while In the event that two or on layoff after a date, the order of more employees order of 1 their seniorit_have an identical The City names, Y shall be determined b seniority ContinuousY will maintain a seniorityy the alphabetical service and will make a co list showing the len Union each six months. Py of the list available t gth of Section 2, to tJte completed an init' Use of Seniorit , seniority as follows: 1ty PrO ation period of All SyXe who ysuccesifully se a' Transfer Procedures. circumstances Except in the permanent ' a notice which describes e of emergency and departmental will be posted on the Position for artme bulletin boards for not (5) working days administrative to aPP1Y for the*position this less than -five provide a position may do so°d' employees who wish received written form for application Twh-City W111 stated in the Personnel Office by 5:00 P. on the notice must be. laid off employeesas the closin M.; °n the :day • may compete WithO are qualifed fort date, If current or mpete with other employee a the Position pplicants for the position. -is- 9 0 Step I. If qualifications including skills, abilities, and experience 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. b. Reduction in Force. Reductions in force will be by epartmentalivision 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 five (5) days notice to employees who are to be laid off except in an emergency. Temporary employees within classification (who are by definition without seniority) will be laid off prior to permanent employees. 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 the employee being laid off shall bump._. the employee with the least seniority in a position in their. department or bargaining unit for which they have::the:,seniority, • proper credentials, including prior recorded experience, and the ability to perform the duties of the job under normal. supervision. c. Recall from Layoff. The names of permanent employees. la os�ia11 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, pro- vided that they are still qualified and able to,perform the job. 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 ordinary mail to last known address to return to work, he/she must make arrangements to return to work with the immediate supervisor within five (5) days or be removed from the recall 'list. An employee on the recall list will accrue seniority for thirty (30) days, and will be entitled to exercise.seniority accrued prior to layoff after their returning to work. Section 3. Trial Period. A. Employee option. A transferred employee shall be granted • -16- up to ten (10) days determine whether they want t . continue in the Position to which they voluntarily transferred. • B. Cit tion. The length of the trial period for a person who is trans erring to another position within the City will be adapted to the type of job, length of City employment and similarity to Previous jobs. If the employee's performance is unsatisfactory at the end of the trial period, they may return to their previous position or a similar vacancy. The employee will be informed of the length of the City option at the time of the transfer. Section 4, Co ensation after Transfer. to another position with ne see or a lower range he/she shall move to a step and rate of pay within the range of the /n an she she transfers Pay to be determined on the basis of relative skills abilities, eferred xp with and seniority. When an employee transfers to a hi shall fall within that range experience higher,and in no event will beelessnth n one pay Section S. than one step for a Trait Schedulin Transit drivers shall be eligible to bid Preferred shut on t e as is of seniority. For thePurpose ction only; in the event two or more emnloyees have identical seirty datesltheeorder of seniority shall be determined by lot. ARTICLE XIV DISCIPLINE pL Section 1. Pu ose. All parties of this Agreement recognize that a certain amount o iscipline is necessary for efficient operation Of the City and the City has rights and res • providing services in an efficient manner, Thepossibilities under laia'in e ceta' infractions are agreed upon by the parties as ofITI f r atingare not intended to limit the management rights''of the City as explained in Chapter 20 of the 1975 Cod shall be e of Iowa. Disciplinary actions against employby permaneees will be taken for just cause. Appeal of disciplinary actions nt employees and shall be through the grievance Procedure set forth in this Agreement. 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 sha11 ordinarily be invoked in the order listed: 1. Oral reprimand or irarning 2. Written reprimand or warning 3• Suspension with loss of pay 4. Discharge Section 3, Serious violations may be dealt withby arty of `the above disciplinary measures on the first offense, shall have the right take up a suspemployees ensipermanent Step 2 of the grievance procedure, , on or discharge at ARTICLE XV • INSURANCE Section 1. Medical Insurance. medical insurance po i The City will provide the major cy current y provided for employees and families -17- 0 0 if applicable. A pro rate share of the cost of the premium will be paid for part-time employees Section 2. Life insurance. The City will provide;a term life insurance policy £or emp ogees 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 $8,8340 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. . ARTICLE XVI SAFETY Section 1. Policy. 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 anequipment of. d equip the City with due care appropriate to the nature of the..work_and_equipment employed. Section 3. Notice of Defeo. Employees who operate equipment shall, during or imme -lately ollowing the 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 ocation or wi-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 5. Use of this procedure to create unnecessary delayswillresult in disciplinary action'. Section S. Safety Committee. The Union shall select two (2) City employees as representatives on the City Manager's Safety Committee. -18- 0 • • • ARTICLE XVII PERSONjEL 7,RAIVSACT10NS Section l performance eValuatio�slo�asotherl receive a Promotion, evaluation documents COPY of payroll or d which will be usetransactions , Section 2, lscipline. Relations Office Under the su access to their and during normal b ss- of an employee of Of the file at their °O nel files includlneSs hours H expense. g the rig'tetoloyeestshall � have COPY the contents ARTICLE XVIII CLQ.— E= Section 1.!f Will be provided Employees Toho f 1paii n t be employer' by the'Osuch uc errwear �clCleud.an ng andd to special uniforms discomfort from exCePt for Parkin Ing hats, jacketsI ance.will be cold will not g Enforce and coats, ® Section 2, be Provided, meet Attendants,_ Gloves or protective Tile employer will Purchase devices, inmploy Provide re uired annuall Y fors thetreshoes to maxPlacimum oalf (1/2) the priceofclothing> the roll cost of fetye'nent of such $20.00 and an an`�nitial Safety prescription The a amount of. $15. safe shoes. ption glasses, employee shall provide RECOVERY ARTICLE XIX Section 1. AND �IABILITATION PROGRAM where possible a volVoluntar Referra l Se the n ms �Pe oYees `who l u re ral service levy employees The City will provide Y stag s are encouraged to seek such requests r, they mayreaVe a k problem in a confidential refe tment"or in in obtaining manner, In Section 3 for service g needed Every attemptrvict g ' All services 111 be will be treated w made to Section 2, if they Will Ye assist e efficient Problem Drink' request such assutan�as alcoholismsc rvlces to t1e P i In Ing ma an a be treated,Cltynrecognizes the est Of:providin and Should drink y be res ld Educational th unit employees are el' - ested from the H tional ma eterials�enyee g or problem dr• Sible for Human Relations Problem able Coni lnlc'Jig through treatment acral se office.' forbal C disci tY resources. the CltY's refe °habilitati bargaining assist a and every attempt will ism as rvice alcoholism w mkt will he an illness and other avail- xth drinking Problen�sdtob obtain cause raised to ion assistance will Ue a acceptable level offered but u� needed assis disci if job tance. is not Plenary action willpbefa�ce -19- Section 3. Procedure. Supervisors who identify work problems or stewards who idents y personal problems may refer employees to the Iluman Relations office for assistance in obtaining educational and • rehabilitative services for alcoholism or other personal problems which influence performance. Nothing in this section relieves employees of responsibility for their conduct on the job - ARTICLE XX GRIL-_VANCG PROCHDURH Definitions. The word "grievance" wherever. used in ons. Section I. —lis ute between the City and the Union or this Agreement shall mean Y P application, or violation of any employee with regard to the meaning, PP any of the terms and provisions of this Agreement. The word sworkinoses day" shall be defined as any day except Saturday and Sunday for pure of this section. Section 2. Re resentation. An employee who is a member of one ht of the bargaining units cow vered uy ny this evancenhearing or at any st shall have the tep to be represented by a steward at E he/she ghooses. of the grievance procedure, The Union will certify the names and addresses of the designated stewards to the City Human Relations Director. 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 wWill not . ork on the • grievance will not be unreasonably withhelstewards whoiare City , employees provide compensation for time spent. Any hours in one work shall be released from work for not more than 2will obtain permission week to work on grievance resolution. The igemployee from the immediate supervisor before inveWitthheld. ting tReleasedatcime under such permission will not be unevasonabnce esolution. this section is limited to gr Section 3. Limitations. Unless a grievance is appealed as parties. Any; monetary hereinafter provided, it s al have no further validity or effect. z limits may be extended by mutual agreement of the Pution ievance is award or compensation arising out of the daysresolprior to therfiling.of the limited to the period of time sixtyof6 ) the practice giving rise. to the grievance regardless of the length grievance or the employee's lack of knowledge thereof. arise shall be Section 4. Procedures. A grievance that may processed and settle in t e ollowing manner: a. Step 1. The grievance shall be presented orally for discussion between the employee grievant, the steward if the employee. chooses to be representedd lona steward t days and the emplo: knowledge of the event gyee's immediate i glrose to an five (5) g Y rievance shall the grievance. The date oehseisorsshallldeliverhthe.answer verbally be certified in writing. 5 working -days after to the aggrieved employee or steward within five O, rvisor the Step 1 conference. If no response is received from :the supe -20- within five (5) working days the grievance will be processed pursuant to Step 2. • b. Step 2, If the grievance is not resolved by Step 10 the aggrieved employee 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 bytheaggrieved '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 Iepartment Director or Library Director shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon to grievance and steward if.applicable. C. Step 3. A grievance not resolved by Step 2 shall.be'submitted by the grievant to the Cityaf eager or his/her designee within ten (10) working days 'of the date of receipt of the written decision referred to in Step 2. The City Manager will investigate and respond to the grievant or steward within ten (10) working days. d. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may e s mitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the other party within ten (10) working days following receipt of the City Manager's decision at Step 3. Copies of any such request will be furnished to the City and to the Union. • The cost of arbitration and recording the same shall be divided equally between the parties to this Agreement. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of witnesses. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) working days after notice has been given. If the parties fail to, select an arbitratora request by either or both parties shall be mad , e to the'Federal and Conciliation Service to provide a panel of five (5) prospective arbitrators.- Both the City and the Union shall have the right to strike two names from the panel. The party giving notice for arbitration shall strike the first name; the other party shall then strikeone (1) nam_e.: The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply,.and,enforce this written Agreement but shall have.no power.to add to; subtract from, or modify the terms thereof. The rules of _evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, applicable rules.and regulations. The decision of the arbitrator shall be issued thirty (30)_days after conclusion of the hearing and shall be final and binding upon the parties. 'Che parties of the grievance, their witnesses and representatives,. shall have the right to be present at the grievance arbitration.in • addition to the arbitrator. Other persons may be present at arbitration -21- hearings as the par• s may mutually agree. Either right to record the evidence rty shall have the pthe Arbitration hearings shall beclosed etoathe public ev hearing. shall not be revealed to any third part P ani evidence taken of the arbitrator is made unless parties agree otherwise... y until such time as the decision Section 5, Grievance Committee. The Grievance Committee shall • consist of the persons designated by the Union as stewards. Not than five bargaining unit employees may be excused to attend held during Working more selected shall be certified by The Union dtaddresset of the meetings sees agents of the parties ma Parties Meetings shall ti noy be at e committee meetings extended b longerthan two (2)lhours ein length meetings. y mutual agreement and shall be scheduled to alternate tlbetween the working hours and non -working hours of the stewards. The .function of the Grievance Committee shall be to meet and confer monthly with the City during the life of the contract for the purpose of evan adjusting pending grices and to discuss procedures for avoiding future grievances(including safety matters) provided that: 1. No topics will come before the Grievance Committee which are proper subjects for negotiations (e.g:, new demands', changed circumstances, requests for new language; etc,); and 2• Every agenda item will be investigated before. the meeting with appropriate department director or designee. (Public Works -- division heads.) ARTICLE XXI PAY PLAN Section 1. Classification Plan The classification plan and (see Appendix Pae ranges for bargaining unit employees are attached to this Agreement recommend to A). TWO Union representatives will meet with the City to A), negotiators a new classification plan'wylgth will reflect market value for positions Section 2. Merit Plas well as other goals stated during negotiations. Plan. The pay p evaluations and merit. e ity wiIan is based on performance' ll justify the denial of merit° increases following the employee's does not receive a merit increase oeligibility date, 'An employee who' Step 3 grievance. n his/her eligibility date may file a Section 3. Every permanent employee will receive an increase of $70.00 per month. Those employees at the time of ratification by the Council will receive the increase retroactive to July 1, 1976. An adjustment to the salary of each permanent employee will be made on July 1, e the and every three months thereafter until April 1, 1978. To determine the base salary for adjustment (for each individual), add $70.00 to the individual's salary as of June 30, 1976. The `ad" is based on the "Consumer Price Index for Urban Wage Earners and Clerical Workers - United States - all items lustment of Labor Statistics, United States Depar6tmeer) ," Published The Jul 1 by the Bureau Y 1977, adjustment is the percent of change in the monthly indexes for March, April, and May of 1977. The percentage of change is multiplied by the average base salary for both bargaining units and the pay • Plan is adjusted by a flat dollar amount applied to each employee's base salary. The Pay adjustment will not exceed 2.25$ in any one quarter or 9$ during the fiscal year. In the event the Index decreases, salaries will decrease in accordance with the samegrmula. Suction q, Pa Plan. • will contain six Each range of the pay classification plan review and �6) steps q_p Steps g_. an increase to Step B aftterlsixes at Step A are eligible for P C are eligible for review and an increasentosthe nextystepon annually, Employees on not eligible for step incrF Step or those who are Outside of the range are eases. prior to Co This section will not operate to adversely effect an uncil ratification of the Agreement. Y employee hired ARTICLE XXII AUTHORIZED REPRESENTATION ENTIRE AGREEMENT AND Wglygl All negotiations or bargaining Of this Agreement shall be conducted with respect to the to the Union and the Cit y authorized representativescof pions Y• Agreements reached as a result of such shall become effective only when signed b Of the parties. negotiations y the authorized representatives This Agreement supercedes and cancels all previous agreements and Practices between the Employer and the Union and constitutes Agreement between the parties and concludes collective bar a' its duration. Ail parties es the entire, to negotiate to which they would lOtherwise bent }yentitle under they airs t the State of Iowa. aive each and every right of ARTICLE XXIII GENERAL CONDITIONS Iowa. section 1. This agreement shall be construed under the laws of Section 2. The provisions of this Agreement may the Mayor or Mayor pro -tem if he/she determines or public danger exists. Y be suspended by that a time of emergency Section 3. The City agrees to meet and confer at reasonable tunes with the Union on mandatory items to the fullest extent re by law and to provide to the Union a copy of the Cit Pers and Regulations and anrequired rules and the need fort' amendments as adopted by Council. Personnel Rules by the Grievance Co revisions in rules and regulationsComments on or other fII�ttee but any new negotiatins onmay be discussed items will be conducted only by authorized teams mandatory with this complete Agreement. da ry items compliance Section 4. The Cit discriminate because y and the Union agree the affiliation of race, creed, color Y will not act to • unless the reason for the discrimination$nationality, or otherwise allowed by law, is Political job-related or -23- to ARTICLE XXIV • 1$IRATION OF A�IIy�. This Agreement shall be 30, 1978, and shall in effect between Jul notice to continue from Y ?, 1976 1. of the Year to year thereafter , and June ear preced diff it is served by either unless extension thereof. �g the expiration date party prior to gustn subsequent written Only those articles of this Agreement or negotiations. notices received named In the written any prior to August 15 will besubjectto ARTICLE XXV SAVINGS CLAUSE Should any Article be held unlawful Section, or an Of competent and unenforceable b Y Portion thereof of Article Juriosdiction, such Y opera ion of law Y anis Agreement Section portion thereof ll apply onl r b Y anal and the remainder of this q eof declared y to the Neither party shall be greement shall null and void in thespecific d vision other to conduct re as a remain in full force their duties themselves in a result of their Agreementand effect: If re under law or to engage which would causewith each: mens Placement provisions a Se in activities in violation to:neglect they shall be negotiatedimmediately re deemedOf immediatelynecessary by the Union or 1e law' Manage_ • -24- Genera it City of Iowa C' • �. Pty • Classification plait Personnel Office July 1, 1976 Pay Range li Title 1. Clerk/Typist (Clerk, Clerk Typist, IA1ter- mediate Clerk, Intermediate Typist Clerk, Cashier) Maintenance Worker I (Custodian, Laborer, Refuse Collector, Equip. Service 1:'orker, Landfill Attendant) Parking Enforcement Attendant Water Meter Reader 6 -Month Fir. Annual 3.72 $ 3.87 Account Clerk Review $ Review $ 670 Duplicating Machine Operator Yr. StepStep 7,728 $ Step Ste P Step Step A $ B C D E p Fir. $ 3.57 hfo. $ 618 $ $ 3.72 6114 $ 3.87 $ 4.03 $ 4.20 $ 4.37 Yr. $ 7,416 $ 7,728 $ 670 $ 8,040 $ 698 $ 8,376 $ 728 $ $ 758 8,736 $ 9,0961 2. Keypunch Operator Fir. $ 3.72 $ 3.87 Account Clerk Mo. $ 644 $ 670 Duplicating Machine Operator Yr. $ 7,728 $ 8,040 3. Senior Clerk/Typist Fir. $ 3.87 $ 4.03 (Sr. Clerk, Sr. Typist Clerk) Mo. $ 670 $ 698 Animal Control Officer Yr. $ 8,040 $ 8,376 4. Bus Driver Police Dispatcher Maintenance Worker II (.Maintenance hlcr., Refuse Crew Chf., deter Repair Wkr., Asst. Treatment Plant Oper.) Transit Dispatcher 5 fir. $ 11.03 Mo. $ 698 Yr. $ 8,376 lir. $ 4.20 Dlo. $ 728 Yr. $ 8,736 -25 $ 4.20 $ 728 $ 8,736 $ 4.03 $ 4.20 $ 4.37 $ 4.56 $ 698 $ 728 $ 758 $ 790 $ 8,376 $ 8,736 $ 9,096 $ 9,480 $ 4.20 $ 4.37 $ 4.56 $ 4.75 $ 8,736 $ 790 $ 824 $ 9,096 $ 9,480 $ 9,838 $ 4.37 $ 758 $ 9,096 $ 4.56 $ 790 $ 9,480 $ 4.75 $ 824 $ 9,888 $ 4.96 $ 860 $10,3201 $ 4.37 $ 4.56 $ 4.75 $ 4.96 $ 5.17 $ 758 $ 9,096 $ 790 $ 8211 $ 860 $ 896 $ 9,480 $ 9,888 $10,320 $10,752 Pay 6 -Month Annual Range • Review Review Title Step A step btqp ttepEep tep B C F 6. Senior Account Clerk Hr. $ 4.37 $ 4.S6 $ 4.75 $ 4.96 $ 5.17 $ 5.4 Buyer Mo. $ 7SS $ 790 $ 824 $ 860 S 896 $ 93 Maintenance Worker III Yr. $ 9,096 $ 9,480 $ 9,888 $10,320 $10,752 $11,23 (Sr.. Maintenance 1Pkr., Bldg. Maintenance Leader, Park Maintenance Leader, Asst. Mechanic) Asst. Elec. , Heavy E(Juip. Operator) Treatment Plant Operator I 7. Recreation Program Supervisor 11r. $4.56 $ 4.75 $ 4.96 $ 5.17 $ 5.40 $ 5.6 Therapeutic Recr. Specialist Mo. $ 790 $ 824 $ 860 $ 896 $ 936 $ 97 Technical Assistant Yr. $ 9,480 $ 9,888 $10,320 $10,752 $11,232 $11,71 (Engineering Aide, Engineer- ing Tedi., Draft Tech., Planning Tech.) Mechanic I 8. Senior Maintenance Worker Hr. $ 4.75 $ 4.96 $ 5.17 $ 5.40 $ 5.63 $ S.8S (Eater Distribution Supr., M10. $ 824 $ 860 $ 896 $ 936 $ 976 $ 1,020 Sewer Maint. Supr., Cemetery Yr. $ 9,888 $10,320 $10,752 $11,232 $11,712 $12,240 Supr., Water Service Supr., Asst. Refuse Superintendent) Electrician Diesel Mechanic (Mechanic .l I) i 9. Senior Mechanic Hlr. $ 4.96 $ 5.17 $ 5.40 $ 5.63 $ 5.88 $ 6.16 Sr. Treatment Plant Operator Mo. $ 860 $ 896 $ 936 $ 976 $ 1,020 $ 11068 Redevelopment/Housing Spec. Yr. $10,320 $10,752 $11,232 $11,712 $12,240 $12,816 (Relocation Advisor, Leased Housing Spec., Property Mgr., Housing Inspector) Rehab Spec/Hsg. Insp. 10. Inspector Hr. $ 5.17 $ 5.40 $ 5.63 $ 5.88 $ 6.16 $ 6.42 (Biiitding, Electrical, M10. $ 896 $ 936 $ 976 $ 1,020 $ 1,068 $ 1,1.2 Plirabina o) Yr. $10,752 $11,232 $11,712 $12,240 $12,316 $13,341 -26- Pay Range 6 -Month Annual Review Review 49 Title Step Step Step Step Step Step A B C D E F 11. Senior Engineering Tech. Hr. $ 5.40 $ 5.63 $ 5.88 $ 6.16 $ 6.42 $ 6.70 (Chief Construction Insp., Surveying Party Chief) Mo. Yr. $ 936 $11,232 $ 976 $11,712 $ 1,020 $12,240 $ 1,068 $12,816 $ 1,112 $ 1,162 Assistant Planner $13,344 $13,944 12. Hr. $ 5.88 $ 6.16 $ 6.42 $ 6.70 $ 7.00 $ 7.29 bb. $ 1,020 $ 1,068 $ 1,112 $ 1,162 $ 1,214 $ 1,264 Yr. $12,240 $12,816 $13,344 $13,944 $14,568 $15,168 13. Associate Planner Civil Engineer Hr. $ 6.16 $ 6.42 $ 6.70 $ 7.00 $ 7.29 $ 7.58 Ab. $ 1,068 $ 1,112 $ 1,162 $ 1,214 $ 1,264 $ 1,314 • Yr. $12,816 $13,344 $13,944 $14,568 $15,168 $15,768 -27- Pay Range Title Ll. Library rude 1. Library Clerk 3. Senior Library Clerk 4. ?,L-lintena.-ice {Yorker II S. Library Asst. 6. Secretary 9. Librarian I ® Cityof Iowa City Library Classification Plano Personnel Office July 1, 1976 6 -Month Annual Review Review Step Bels Scop Stop Step Step IIr. $ 3.43 F mo. $ 594 $ 3.56 $ 3.71 $ 3.86 $ 4.03 $ 4.2 Yr. $ 7,128 $ 7,416 $ 7,728 $ 8,040 $ 3 376 $ 72 $ 8,73 fir. $ 3618 $ 3644 71 $ 3.86 $ 4.03 $ 4.20 $ 4.3 Yr. $ 670 $ 698 $ 728 $ 75 Yr. $ 7,416 $ 7,728 $ 8,040 $ 8,376 $ 8,736 $ 9,09 fr. $ 3.86 $ 4.03 $ 4.20 $ 4.37 $ 4. SS $ 4.7 Dir. $ 670 $698 $ 728 $ 758 $ 790 $ 82 Yr. $ 3,040 $ 8,376 $ 8,736 $ 91096 $ 9,480 $ 9,88 Fir. $ 4.03 $ 4.20 $ 4.37 $ 4.55 $ 4.75 DIo. $ 698 $ 728 $ 758 $ 790 $ $ 4.9 Yr. $ 3,376 $ 8,736 $ 86 $ 9,096 324 $ 9,480 $ 9,888 $10,32 Fir. $ 4.20 $ 4.37 $ 4.55 $ 4.75 MO. $ 728 $ 758 $ 790 $ 824 $ 4.96 $ s 9 Yr. $ 8,736 $ 9,096 $ 9,480 $ 9,888 $10,520 $10,75 lir. $ 4.37 $ 4.55 $ 4.75 $ 4.96 Bio• $ 758 $ 5.16 $ 5.40 $ 790 $824 $ 860 $ 896 $ 93 Yr. $ 9,096 $ 9,480 $.9,888. $10,320 $10,752 $11,232 fir. $ 4.96 $ 5.16 $ 5.40 DIo. $ 860 $ 896 $ 936 $ 5.63 $ 5.88 $ 6.16 Yr. $10,320 $1.0,752 $11,232 $11,712 $12,040 $12,816 -27a- s - 11. Librarian rI 0 tfr. $ 5.40 $ 5.63 S 41 Yr- $11,232 $11,712 $ 2502 0 0 $ 16063 $ 16112 $ 6' $12,816 513,344 $ $13,9, 13. Senior Librarian Hr. $ 6.16 $ 6.41 fib• $ 1,068 $ 1,112 $ 16.162 .70 $ 7.00 .29 $ 7.5 Yr. $12,816 $.13,344 $13 944 $14 568 1 214 S 1,264 $ 131 $15 ,168 $15,,76 -27b- C� • This Agreement shall be binding on the parties, their successors and assigns and shall be approved by the appropriate governing bodies that have the authority to bind the respective parties to this Agree- ment and the undersigned hereby represent that they have the authority to sign this Agreement and it has been approved by the governing bodies of the parties. 6b4 i Date CITY OF IOWA CITY, IOWA BY QMt Director, HtVnan ReiatiSbns Uept. i ATTEST: City Clerk LIBRARY BOARD OF IOiVA CITY, IOWA BY President BY 0AAWLC*L_11 QU_41%0_y, Secretary THE AMERICAN FEDERATION OF SPATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183 BY BY L'y✓ /��i`rGL"� �I� 0 AGREEMENTS/CONTRACTS IP Attached are unexecuted copies of as signed by the Mayor. After their execution by the second party, please route 1) /� f SC,?vl E _ 2) f', C.1 e v K - CoNAI - F )'(ie ' 3) 4,'hyo,v�i Doa-J(A ' 4) Ci�c� C rev K - Aleef � "j 5) is to be responsible for G completion of this procedure. Abbie Stolfus City Clerk • • city. DATE: August 9, 1976 70: Department and Division Heads FROM: Candy "!Organ RE: New Al *SQiE Contract 7710 Cit}' Council will consider the contract on August 24. Please do not Plan to make changes in operation or wages until after that date. The computer will add $70 to each bargaining unit salary without a change forms from the departments. For people who are eligible for review, a payroll change form will need payroll increase indicated and evaluation oform tattach ed in with the amount of merit In the .Euture, all pay ranges Will have six steps (A - F one year between each step except the first apply to future e ) and there will be employees or employees (6 months)., This change will not adversely affect an Promoted in the future and should y current employees. The change in the standby provisions are not effective until after August retroactive. but the affected divisions retmay dote e whether to make the change A copy of the contract will be available with the next Council agenda and copies will be available for department and division heads after that time. 140 are still negotiating the distribution of copies to employees and the Union. Summary of new provisions: i w a. No strike s out - no lockout. Spells not re use to cross unions. > clue law and indicates that e Picket lines of other employees b• Iburs e twork rk. XC1q definitions of Part-time and temporary employees ie rght of permanent part-time employees to challenge the Proration of benefits if it regularly varies from the number of hours worked. T1renty-four hours, notice must be given to change schedules except in emergency or bad weather. Inclement weather policy. make up Employees who do not appear for work may Pa)' - the time, take vacation or holiday, or take leave without c• Overtime. Prior authorization from the supervisor is required but t is can be given .in general terms For emergencies or recurring situations. The Federal law now allows us to give comp time rather- than`o••ert. and this can be used to everyone's advantage. Limits on the am Tt 13 14 1 0 Department and Division Beads August 9, 1976 Page 2 of tire which may be carried over will be discussed at the August 11, 1976, staff meeting (10:00 A.M.). d. Rceorting Pay. If an emergency (including really bad weather)occurs and work cannot be performed, employees may be sent home after being paid for two hours at straight time. e. Minimum call-in. If the call overlaps the shift employees must be paid for both. f. Holidays. City Manager may designate the extra Christmas holiday. Por City operations regularly open on holidays, there will be time off at a later date rather than pay at 2-1� for the day. Ile are shifting to a July 1 accumulation for holidays. By July 1, 1977, all holiday and personal leave days not used will be forfeited. g. Vacations. No substantial changes. h. Sick leave. No change in accumulation. Sick leave bank created to handle extensions of sick .leave. Check contract for details. i. S ecial leaves. Pregnancy leave - note from doctor needed for leave o ab sence a ter other leaves are exhausted. Union business leave - two people can go for two days (unpaid) during the year. 17iey must give notice. j. seniority. Extensive changes in procedures for internal transfers and promotions). It is a workable system and one which # is good to finally have settled. Also, new provisions on layoff. k. Discipline. New section. Any of the penalties may be used for serous offenses. Demotion is no longer a method of discipline. 1. s2jcy. New section with special grievance procedure. m. Grievance Procedure. Grievances will be resolved by the City Manager and the committee will be advisory. Please read new language about permission for time off for stewards. 0 • AGRJ,BflWT OF ME CITY OF IOWA CITY and THS IOWA CITY LIBRARY BOARD OF TRUSTEES WITH JOHNSON COUNTY AREA PUBLIC EMPLOYEES, AFSCME, LOCAL N 183 This Agreement is executed by the CITY OF IOWA CITY, Iowa, and -the Iowa City Library Board of Trustees, and the Johnson:County:Area Public Employees, AFSCME, Local N 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 andensureiharmonious cooperation and understanding between the,City and the Union to ensure collective bargaining under the laws of the State of..Iowa;::as well -as, applicable ordinances of the City of Iowa City. It is the purpose of the City and the Union to establish salaries and terms of employment consistent 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 effectiveness and efficiency of the services offered to the citizens of Iowa City. The parties agree to the following specific provisions: • 0 e• To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f• lack of To relieve employees from duties because of lack of work, reasons. public financing, or for other legitimate To g codetermine e ain°ants, methods, and procedures for 8 employees and the definition of, necessity for, allocation of; and nature of overtime and the method Of compensating overtime, h. To determine and implement he methods, means, -tools, locations, equipment, and assignment of personnel by not Which its operations are to be conducted including but workl�ited to the right of contract and subcoritiact i• To take such actions as may be necessa mission. ry to carry out its j. To initiate, prepare, certify and administer -its budget. k• To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. shall engage in any stri a at No employee covered by this`Ag the City where City services are per City facility ynor at an Agreement of this agreement. 'If y location in any strike shall take lace he life and duration immediately notify employees engaging in suchPactiI tie ani ceaseand desist, and it shall publicly declare that such activit of this Agreement and is unauthorized. unit, while action in the course iz their employment, Y is violation Employees in the bargaining-.: to cross any picket line established'b labshall not refuse called upon to cross such Y any labor organization when Will make reasonable effortsctotassurele the line of duty.' -The -City Picket lines. Any employee engagingin mployee safety in crossing Article shall be subject to imediae disci activityan violation.. discharge by the City. disciplinary action including the Section 2. No Lockout. as a result of disputes an The City agrees not ❑rto lockout g the term of this Agreement, employees ARTICLE iv BULLETIN BOARDS bulletin Section 1. The City shall assign space as currentl Provided toa he Humanrds for hRelationsDirrector. No a co y provided'on Political material pY Of Which shall be libelous material, or material which isshall tinjurtious to the City or to employees. Union notices will be spaces, limited to designated O Q � 2 0O N p r- np r � G� m � O n 0 AG(iliLTp 01:T7a.: CIIY OF IOWA CITY and THE IOWA CITY LIBRARY BOARD OF TRUSTEES WITH JOINISO;I COUNTY AREA PUBLIC EMPLOYEES, AFSG EI LOCAL N 183 PRE41BLE This Agreement is executed by the CITY OF IOSVA CITY Iowa City Library Board of Trustees, and the Johnson Count Employees, AFSGIE IO1"re and the will refer to the City N 183. Unless Otherwise stated Y Area"Public Will re called " Y and to the Library Board and the employee word ;City Union Throughout this ;Agreement membersofthe bargaining unit are referred to as "employeest It is the purpose of this Agreement to promote and ensure'h cooperation and understanding between the City and the Union:toens re collective bargaining under the laws of the State oIowa, as well as applicable ordinances of the City of Iowa City. It is the the City and the Union to establish salaries and terms consistent with the availability of purpose of Public funds and with thelgoals Purposes of the City Charter. The. City and the Union jointl goals and their cooperation to work together in the improvement in the effectiveness and efficiencyof y_rovide to the citizens of Iowa City, public interest heservices provide, the services offered The parties agree to the following specific provisions: ARTICLE I RECOGNITION Section 1. County Area Public The City of Iowa City, Iowa, recognizes the Johnson Employees, AFSCME, Local 183, as the sole and exclusive bargaining 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.Employee Relations Board on February 2, 1976. Section 2. The Iowa City Library Board the Johnson County Area Public Emloyees,;,of Trusteesrecognizes AFSCME, Local 183, as; the -sole except those specifically and exclusive bargaining aEmployees for all.Iowa City Public Library;Employees certification is based on excluded in Section 3;of this Article. .This anorder of Certification promulgated, by the Iowa Public Employee Relations Beard 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, - application of this Agreement. in, or Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the Purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II hIANAGENMVT RIGHTS Section 1. Except as limited by the express Agreement, nothing herein shall be construed to restrprovisions ct, li it of this impair the right powers, and authority of the City under the lawsofthe State of Iowa nd 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, 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. 0 0 ° TO maintain the efficiency of the governmental operation and to determine and maintain the nature definition of City organization. , scope and f To relieve employees from duties because of lack of work, lack of adequate pub reasons. c financing, or for other legitimate To g compensating determine the amounts, methods, and procedures for for, allocation an and the definition of, necessity Of compensating, and nature of overtime and the -method h• To dermineadovertime, locations implement the methods, means, tools, Which its' and and assignment of personnel by not limitedptoations are to be conducted including but the e right of contract and subcontract 1• To take such actions as may be necessary to carry out its mission. J• To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee' covered b shall engage in any stri e at any City facility or.at an the City where City services area this Agreement of this agreement, performed during Y location in immediately not, if any strike shall take lace the life and duration desist' employees engaging in suchpactivitiesUto�ceaseland and it shall publicly declare that such activit of this Agreement and is unauthorized. Emplo Employees in unit, while action Y is in Violation to cross anin the course of their employment, y the bargaining called y picket line established b shall not refuse upon to cross such picket line inathelabor organization when Will make reasonable efforts to assure a line safety duty. Picket lines, employee safe Y' The City Article shall be s employee engaging in any activi in 'crossing Articles b subject to immediate diany a ti tY an violation of.the dischargey the City, ry action including Section 2. No Lockout. as a result of dispThe City agrees not to lockout employees utes wring the term of this Agreement, ARTICLE IV BULLETIN BOARDS Section 1. The Cit bulletin bows for the U-I"on shall assign space as currently provided to the Human Relations Post notices, a copy of which hall berovided Politica spaces.ylomateriial, libelous material, or material which is. Notices shall injurious to the mplo ees, contain spaces, y Union notices will be limited to designated • 0 ARTICLE V BUSPJESS AGENTS Section 1. The Union shall have the right to disignate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities only during regular working hours, for the purpose of investigating matters relating to the administration of this Agreement. 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 Department 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 MECK 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 schedule in a letter signed by the President and notarized. Authorizationfor. 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),day the deductions have been made. s,after. 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. Cancellations 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. El ARTICLE VII HOURS_ OF WORK 0 Section 1. Work Week. Except for six (6) and seven (7) day operations, the regular wor week for permanent full-time employees shall begin eight Monday and extend through Friday and will consist of five consecutive eight hour days for a total of'forty (40) hours which. includes holidays and paid leave. varies from this will be notified atnthe tempimeeofwe ploWork week regularly and the employee may agree to vary the regular work weeken A day The supervisor defined as the time between 12:01 A.M. and midnight 24 hours later.. Section 2. Temporary 11 rY and Parr_r;me Employees. A. nent shall be assigneesregu arrnwt er of hous Permanent part-time employees determining the City's benefit contribution.peBenefitsototh Part-time :e Y Purpose of employees will be pro -rated on the number of hours,to which the employee has been assigned. Occasionally, the hours actually worked Will vary from the assigned number. No min' amount of work is to part-time employees. Any i employee whose hours actually worked rge guaranteed exceed his/her assigned hours shall be reassigned hours for;the of proration of benefits, 8ularly his/her tion An employee may request a redetermination fined hours or proration of benefits through the grievance procedure. Nothing in this section shall require a permanent part-time employee to regularly work more than his/her assigned hours. meaning ofBthisTa ora Em to ees. A temporary employee within the Purpose for less tthranmtwelve one w o is appointed fora particular employees , special (12) months. Casual employees, seasonal less than 20 hours/week employees, oand employees who regularly work f this agreement. Temporary employees are not ntitlednto sick the ai avec vacation, insurance benefits, seniority, holidaysuse of the grievance procedure, or any other benefits provided under this agreement. If an employee has worked as a temporary employee for six (6) months, he/she may file a request with the.Human Relations,,office for aissYPermanent status. Providedttthat a Pernianent:vacancy within classification available for which the employee is qualified, the.temporary;employee ompete with other applicants for the seniority vacancy: on. basis ,o - accrued from the last date of hire. If no permanent openingf, tis available, the employee will be laid off immediate. The employee may elect to continue on temporary status for the duration of the particular purpose for which they were employed: The seniority date for current temporary employees who apply for permanent positions will be July 4, 1976. Special program employees include; those funded:by CETA, Wim, Revenue Sharing for youth programs contract, and similar employees. Section 3. Schedulin . schedule of any e to ee TheCitymay temporarily vary -the schedule is to beivaried either n hourseatothead the eonithee mP Y that: the day. No prior notice to change schedules is required he preceding work situations or in the case of inclement weather. • a Section 4. Rest Periods, the City will provido a i teen (15 Except for the transit employees, during the regular work da ) minute rest period at by the immediate y' The location and scheduling iO times supervisor. The reill st period will be scheduled at determined regular times within the work day to accommodate staffing s preferences will be considered, needs. Employee Section 5. WN"I Periods. City will provide an un al 1: City transit e minutes each da P ur1C Period of not less employees, the the lunch y YO em in five da than thirty (30) Meal Peril will be scheduled ata coperations Biienever possible, periods will be scheduled to accommodaatteathe staffinr time in g, work day, department with consideration of the preference of e g needs of the Section 6, employees. requires it Clean time. If the nature of work performed employees wl e a lowed at least five (S) personal clean-up at the end of the work day. minutes for Section 7. Inclement weather. to work regardless o weatter con itions if -they are e Employees who a xpected to come appear for work at the scheduled time v llsbel ompensated. Genwor is erally, City operations will not be suspended, buf may information. be rescheduled the immediate s y be :rescheduled. upervisor will have available because Employees fyweather conditions mable ayget to do onewofk he foo .leave work early the Following a• Arrange to make up the work with the approval:'the of 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 OVERT II; Section 1. Overtime. full or part-time a Overtime is work performed b (40) hours mP °yee n excess of eight (8) hours ,per day .o Permanent per week with'the following exception:, to work more than eight (8)_hours Y for time worked Employees regularly in excess of the regularly sch duled hours; °vertime e•g•, landfill a Per day. rk day will receive overtimewforwtlme twelve (12) hours (12) hours per day or fort P in excess offtwelve y (40).hours per week. Prior authorization from the employee's supervisor ;is required before overtime work will be credited. required to work overtime but maP1°Yees ma Physical inabilityY request not to Y be.periodically or serious personal need:' perform work because of Such .requests:to be:excused from performing overtime will not be unreasonably denied. the For permanent full-time employees; work performed on the sixth (6th) he following exceptionsseventh (7th) day ns the work week shall be considered overtime With : continuous shift employees and who are regularly scheduled to work on six (6) days. For a persons that For dbent part-time employees all working :time in .excess of Y permanent full-time employees will be considered There will be no pyramiding of overtime. 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 times the current base hourly rate of the employee orb co and one-half (1 1/2) time off at the rate of one and one-half (1 1/2) hour 'for eacW hour of overtime worked.departmentalg y compensatory and a The esildote sine whether needs financial considerations, employee preferences will determine whether overtime is paid or compensatory time given. Section 2. Overtime T:ualization. a. To the greatest extent oss.i e employees equally consideringp , overtime shall be offered to ability of the individual emloyee,etype o� work, the qualifications and overtime service, and the employee's senemployee'sset desfortho perform orm the followiengemployee with the necessary qualifications and abilities and the least number of overtime hours in that classification will`be first offered such assignment, and in the eyent,that.overtime hours among employees in that classification are equal seniority. shall prevail. In the event no qualified, employee desires such work, the City' hall':select the qualified employee with the least credit overtime hours,for';such assignment and hours, there are two or more employees with the-same,number Of overtime hours, the employee with the least senority shall be thus assigned. b. The City shall maintain and post (at least monthl Public place in the work area, a list of classifications`show g.overtime hours worked overt each employee, and shall keep such list current with accumulated overtime being credited forward.. Overtime acurrenttwit shall commence on January 1 of each year::' Employees who are new to a division shall be credited with the highest number of hours in the classification. Fmployees from the equalization procedure at their own request. may be excused Section 3. Overtime Rest eriod. to work at least two�j If an employee is required work da Y p ours imme lately after the e Y, the Cit will -provide for one of mployee s normal 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 2 (two) hours following the work day. Section 4. Stand-b Time. are required to he at a ,Employees who are on stand-by phone and from which they ace esignated.by them which has access tola basetand-by'will be compensatedeatha the work area promptly.. Employees Pay rate for . rate of six (6) hours at' W be furnished tock week of stand-by time. A call'device current shall be paid at the regular�cdll-lnsra C for each call in'aded-t n tond le stand-be il Y imployees called to Work Section 5. Re ortln Pa , his/her regular time an If an employee re Of an emergency because work' ut is sent home b Psupeorts for work at paid-a minim annot be performed y ch employee or because The Cit l k AVO (Z) ]tours at his Such employee shall be City will make every effort to allowetheelar straight time work at straight time at a different time, 'where the nature of' worky% permits. employee thee to make up the Section 6. Mininndn Call-in. eight (8) hour work ay an wio is called employe who has co situation without prior notice will be to work completed an hours. emergency- If the emergency call-, takes_ more for a munimimi of t�vo (z) employee will be compensated for time s ent.an two (2) hours the paid at the overtime rate. An em to ee w p Minimum call-in will be regular start of his/her working day willhbelcompensated for-a?minumum Of two (2) hours at s called In prior to the regular workingthe overtime rate. In the evenU minimum call hours hours overlap, straight time will be' in and in addition to the minimum call-in. Paid for the overlapping Section 7. Professional Iim credit given for overtone wort ° to ee. No overtime will be-:paid or assignments will be based on an assumed esfootal employees. hour. we Generally; time professionals and on the assigned Y (40) hour:week'for. full professionals. wed number of hours for part=time Sect the ion 8. Permanent employees required to work on S Library will receive six (6) hours credit for each four un`lays at shift worked. �4) hour Section 9. Calculation of Overtime. on the basis of six minute se Overtime will be recorded entire segment to be credited wi g ie-t and an employee -must work an th one-tenth (1 1/10) hour for-overtime. Section 10. Payment be of Overtime. well on succeeding pay chec s. Payment of authorized overtime ARTICLE IX' HOLIDAYS Section 1. The follrnvin employees: New Year's Day (lama days shall be paid holidays for Monday in February); Memorial Da 1)' iVashington' Y (ls Birthday Permanent ast Monday in MaY);Y Gird `:Independence Day (July 4); Labor Da 11); Thanksgiving4);Labory (first Monday in September); Veteran's Day (November fter Thanksgiving; n y (fourth y in November g, Christmas Day (December 25 ): the arida ); and one personal leave day. Section 2. In addition day, employees who do not work a continuous shift the day before er after' Christmas, or the da all be granted to'permanent holiday. Y before or after New Yearps Da Y• TEe City Manager y as an additional direct that employees observe �rVheaLibrary Director for Libraaltional if the Manager fails to make such designation by da of eatbuees) calendar year in question employeesgnation by Decemberl15hoflthe but to the approval of the supervisor.pmay 'select a particular da. Director does not desi If the Cit Y subject Chris gnate a da Y?a8er or Library Christmas and New Year's for this holidays ma Y choose a day between Section 3. continous shift Beginning on July 1, 1977 on July 1 annuals Y'ei ht Permanent employees on a July 1 of an Y' �Y continuous shift employee(88) hours`of holiday credit dates in they calendar year will receive credirtyho begins work after year. If an employee separates after JIe remainin those holidays which have been credited but which have not as g holiday Will be deducted for the Y 1 of any year, Purpose of considering separation payyet occurred e•8•, Employee A recei credit for eighty-eight 8g I holiday time on y I. The 1 and has not us a11y ) hours employee terminates on November (16) hours o d ` holiday hours. He would be ° 1 ay pay (Independence Da paid sixteen Day and -Labor Day), e'g'o Employee B receives eighty-eight (88) hours of holiday credit on July 1, Darty (40) holiday hours. 0n1teonates Nov and ember l has used Y and Labor Day) have occurred o (2)or holidays (Indepen etc nnce twenty-four (24) hours (40 used, less 16toccuation deducted from vacation therefore Pay or from the las t. week's wages, be employees the Purpose of this Article, a holiday for cont - on the d(except Police Department employees) be inUOus shift hours y of the holiday and continues for a begins e 12:01 A.M. ) hours In the Police DepartmentPeriod of twenty-four (24 on the day preceding the holiday a holiday begins at 11:00 hours thereafter. When a holiday and continues for will be observed, When a occurs on Sunday the follow tYir,g Monday. Friday will be observed.g°liday falls on a Saturday the preceding Section 4. Part-time employees will receive holida It pro rata basis. Y pay .on"a Section 5. Eligible employees who are called i at a rate of one andone-half�l 1�2 not o n to work- holiday a' worked Pen to the Public will be paid and shall receive holiday lmes'for the hours actually y pay.. Section 6. Permanent e holidays when City operations employees who are public will receive eight 8 to which they ar%assi assigned re open on O hours of holida geed are open to the y credit during the pay period in which the holiday occurs. This credit may be used after the holiday occurs but must be taken before the next succeeding July 7:"" Generally this section applies to library, transit, parks, recreation and parking enforcement employees. 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 t ose employees who work in'twenty-four:.C24) hour per day operations and who are subject to assignment on shifts. beginning between 3:00 PTf, and 7:59 A.M. Section 9. On January 1, 1977 continuous shift employees will receive twenty-four (24) hours of holiday credit. To make transition to July holiday plan, employees will not be penalized for any holiday accumulation until July 1, 1977, at which time they will forfeit any;, remaining holiday hours. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned by permanent employees by month accor�the following schedule: Length of Service Days Per Pay Month 0-5 years 1 S years 1 day - 10 years 1 1/4 10 years 1 day - 20 years 11/2 more than 20 years 1 3/4 Professional librarians shall recieve 22 days.of vacation per year regardless of length of service. The maximum number of hours eligible for carry over after July.l of any year or for payment upon termination shall be one hundred ninety-two (192) hours (24 days). Section 2. Use of Vacation. 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 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. Payment of Accumulation. , Upon resignation or retirement after six (6) mont19 o 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. ; Section 4. Transition Period. To make the transition to the July fiscal year accumu anon p an,employees will not be'penaliied for 0 • any vacation accumulation until July 1, 1977, at which time they will maximum accumulation. forfeit any hours in excess of the one hundred ninety-two (192) hours ARTICLE XI SICK LEAVE Section 1. Accumulation. Employees shall be granted one day of sick leave credit per mons and shall have the_right:to accumulate unused sick leave up to a maximum of.1440 hours (80 days)`. Sick leave shall not be accumulated while an employee takes a leave of absence without pay, but any employee granted a paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first employment. Additional sick leave will not accure while an employee is receiving worker's compensation. Upon resignation or retirement, the City shall pay for one-half of the accumulated sick leave on the basis of a permanent employee's current hourly base salary. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave. a. A day of accumulated sick leave shall be used for each day 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 bn 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 hospitalconfinement 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 member of the immediate household of the employee up to a maximum of forty (40) hours per occurrence. Section 3. Notification. An employee shall notify his/her supervisor as soon as reas-OTE57T possible of any sickness or illness which will cause him/her to miss work; and unless such notification is given within one (1) hour after the beginning of the.work;day,'the' absence will not be charged to sick leave, but 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. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) working days in which to recuperate and' return to work. Section S. Sick Leave Bank. a. Permanent employees in the bargaining unit may draw from a Sick Leave Bank beginning on October 1, 1976 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 of 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 ickBank days by employees. The committee 'will be made up of one Union representative, one City representative, and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may'borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, length of service before an employee 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 to protect against abuse by individuals. 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. ARTICLE XII SPECIAL LEAVES Section -1. On the Job Injury. Upon application the City may grant a leave of absence witii pay in the event of an injury or illness of an employee while at work provided the following conditions exits: a. The injury or illness arises out of the course of 'City employment, and 0 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 workday when the injury occurs and for a period of two (2) working 'days thereafter if authorized by the medical 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) calendar days per Encs ent with no loss; of compensation or accruals to attend the funeral of his/her spouse, children, mother, father, stepparents, sister, brother, mother-in-law, father-in=law, grandparents, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. If additional time is needed, an employee shall be permitted to use up to three (3) calendardays'of' accumulated -sick leave with the approval of the supervisor. Section '3. Leave of Absence Without Pay. A leave of 'absence without pay is a pre eted rndn amount o time off from work, which has been recommended by the Department Director and. approved by the City Manager or for library employees, by the Library Director. Generally, such leave shall not exceed twelve (12) months. Upon termination -of any such leave of absence, the employee shall return to work in -the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during that period if the natureofioperations has changed so that similar work does not exist or that an-opening.for the.employee no longer exists the employee will be offered vacancies in related areas or vacancies for which the employee is otherwisequalified. In the event an employee fails to return to work -,at the end:of:any such leave or extension he/she shall be deemed to have voluntarily, resigned or, if applicable, voluntarily retired on the .last day of work prior to such leave. During a leave of absencewithoutpay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration. b. Must pay group' hospitalization premiums falling due during any month the employee is not on the payroll if coverage:is desired. C. Must pay premium for coverage under the group life insurance plan if coverage is desired. - d. Shall not receive any other accruals or job benefits during the period of absence. e. Shall not acquire. additional seniority during -said leave except in the case of temporary medical disability or where otherwise specified by the'Agreement: f. Shall not earn. sick, vacation, or other leave. g. Must use all accumulated vacation to'which he/she is entitled prior to the time that the leave without pay commences.. The Department Director may waive the above conditions (a. through g.) for leaves of absence not exceeding ten (10) working's -days. s Section 4. Jury Duty. Any employee summoned for jury duty during the employee's regular work hours .shall receive regular standard time pay during any period of jury service. The City shall receive the pay earned from:such jury service.,, Compensation., for travel expenses may be retained by the 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 require to e a sent from.work for the purpose of, testifying in court in response to legal summons and the City shall receive,the witness fees up to the amount of compensation paid to the employee for days testified. Section 6. Militar�Lean. Emimployees called by any -branch of the Armed Forces of e nth U itea States.shall, when order ed.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. Employees subject to the foregoing shall, upon re -..instatement to City employment, retain their original employment.date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States has .been spent in regular employment with the City. Section 7. Voting time. An.employee shall be permitted to vote during the work—day in any national, state, or local election if it is not reasonably possible for him/her to vote during off hours.: Section 8. Pregnancy Leave. A pregnant permanent employee shall be entitled to a leave o.,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 anticipateddate of,birth and should be able to substantiate their condition,by.a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under:this;section shall present,a doctor's statement as to pregnancy disability and.recovery`therefrom andwithin seven (7) days following birth, miscarriage, or abortion. The employee shall advise the City of the date by which she will return to work and, 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.retire'd: Section 9. Union Business.Leave. a. Any employee elected to office, in the International American Federation of State, County and Dkmicipal.Employees shall be granted a leave of absence without pay fora, period not to exceed one year. ;Such leaves.shall.be grauted.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. b. Leave of absence without pay to attend and serve as a delegate to conventions and training conferences -relating to the Union shall be granted to.not more than two,Cty employees in Local n U 0 taken183 11bynanynonealendar employeeeunderNot thisore thansection.twEmployeesy be seeking such leave shall present certification in writing of their selection by the Union to act'as a representative to a specified conference at least ten (10) working days prior to the time they wish to be absent. 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 months in a permanent position, unless extended in writing due to unusual circumstances. An employee will lose seniority rights upon resignation, discharge for just cause, retirement, death, or layoff for more than two (2) years. Seniority shall accrue during allpaid leaves and during periods which a member is assigned a classification outside of the bargaining unit. If an employee is on leave of absence without pay as a result of temporary disability as substantiated by a doctor's certificate or for on-the-job injury, seniority will accrue indefinitely. Otherwise, an employee will not accrue seniority while on leave of absence without pay after a period of 30 days. An employee will not accrue seniority while on layoff period of 30 days. 'after a In the event that two or more employees have an identical seniority date, the order of their seniority shall be determined b order of last names. y the alphabetical The City will maintain a seniority list showing the length of continuous service and will make a copy of the list available to the Union each sixmonths. Section 2. Use of Seniorit . An employee who has successfully completed an initial—CRY pro ation period of six months may exercise seniority as follows: a. Transfer Procedures. Except in the case of emergency circumstances, a notice which describes the position for Permanent job openings will be posted on administrative and departmental beulltin boards for not less than five (5) working days. During this period, employees who wish to apply for the position may do so. The City will provide a written form for application which must be received in the Personnel Office by 5:00 P.M. on the day stated on the notice as the closing date. If current or laid off employees is qualifed for the position he/she may compete with other employee applicants for the position. • 0 Step 1. If qualifications including skills, abilities, and experience of the applicants are relatively equal, the OH4)loycc 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 weniority 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. b. Reduction in Force. Reductions in force will be by CpcT— artmentel lvisioll 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 five (5) days notice to employees who are to be laid off except in an emergency. Temporary, employees within cl.assifi.cation (wlio are by definition without seniority) will be laid off prior to permanent employees. 1. The City will attempt to accomplish reduction in force by attrition. 2. An employee whose job is to be eliminiated may be transferred to vacancies within the department. 3. If no vacancies exist the employee being laid off shall bump the employee with the least seniority in a position in their department or bargaining unit for which 'they _have the seniority, proper credentials, including prior recorded experience, and the ability to perform the duties of the job under normal supervision. C. Recall from Layoff. The names of permanent employees Ta–M—Orr--STE-ll be placed on a re-employment list for the jobs affected in the layoff. Such persons shall be eligible for re-employment list for the jobs -affected in the layoff. Such persons shall be eligiblefor'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 job. 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 ordinary mai] to last known address to return to work, he/she must make arrangements to return to work with the immediate supervisor within five (5) days or be revoved from the recall list. An employee on the recall list will accrue seniority for thirty (30) days, and will be entitled to exercise seniority accrued prior to layoff after their returning to work. Section 3. Trial Period. A. Employee option. A transferred employee shall be granted r � J up to ten (10) days to determine whether they want to continue in:the position to which they voluntarily transferred. B. City Option. The length of the trial period for a person who is trans erring to another position within the City.will be adapted to the type of job, length of City employment and ssimilarity to previous jobs. If the employee's performance is unsatisfactory at the end of the trial period, they may return to their previous position or a similar vacancy. The employee will be informed of the length of the City option at the time of the transfer. Section 4. When an employee transferrs to another position within the same or a lower range he/she shall move to a step and rate of pay within the range of the position transferred to with pay to be determined on the basis of relative skills, abilities, experience and seniority. When an employee transfers to a higher range his/her pay shall fall within that range and in no event will be Less than one step higher. ARTICLE XIV DISCIPLINE Section 1. Purpose. All parties of this Agreement recognize that a certain amount�scipline 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 1975 Code of Iowa. Disciplinary actions:against employees will be taken for just cause. Appeal of disciplinary actions shall be by permanent employees and shall be through the grievance procedure set forth in this Agreement. 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 involked in the order listed: 1. Oral reprimand or warning 2. Written reprimand or warning 3. Suspension with loss of pay 4. Discharge Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first offense. Permanent.employees shall have the right to take up a suspension or discharge at Step 2 of the grievance procedure. ARTICLE XV INSURANCE Section 1. Medical insurance. The City will provide the major medical insurance policy current y provided for employees and families 0 0 if applicable. A pro rate share of the cost of the premium will be paid for part-time employees Section 2. Life insurance. The City will provide a term life insurance policy for emp ogees 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 $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 or applicable salary increases. ARTICLE XVI SAFETY Section 1. Policy. 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 imme iateiy ollowing,the work day,'report any defect noticed by him/her in said equipment to the immediate supervisor. Section 4. S ecial Grievance Procedure. .If an employee -is requested to work in a ocation or wi equipment which presents an imminent personal hazard to him/herself or others the employee will report immediately to the Division Superintendent.oi 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 5. Use of this procedure to create unnecessary delays will result in disciplinary action. Section S. Safety Comunittee. The Union shall select two (2) City employees as representatives on the City Manager's Safety Committee. • ARTICLE XVII • PERSONNEL TRANSACTIONS Section 1. Employees shall receive a co performance evaluations, and other documents which will eousedr oractions, Purposes of promotion, evaluation or discipline. Section 2. Under the supervision of an employee Relations Office and during normal business hoursemloyeestsha llhave access to their personnel files including the right to copy the contents of the file at their Own expense. ARTICLE XVIII CLOTHING AND EQUIPMENT Section 1. Employees who are required to wear ,special uniforms will be provided with such uniforms. Cleaning and maintenanal uniforms be paid by the employer. Outerwear, including hats, jackets, and coats, will not be provided, except for Parking Enforcement Attendants, Gl for,discomfort from cold will not be provided. oves or Section 2. The employer will provide required protective clothing, protective devices, including one half (1/2) theprice of an initial Purchase of safety shoes to maximum of $20.00 and anamount of $15.00 annually for the replacement of such shoes.. The employee shall provide the full cost of safety prescription glasses. ARTICLE XIX RECOVERY AND REHABILITATION PROGRAM Section 1, volunta Referral Service. where possible a volunta The City will provide problems, y rY re�erra service or employees With personal tap10 ee 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 vProblem Drinke in In the interest of providing, efficient services to t e pu is t City recognizes that employee alcoholism can and should be treated. Educational materials on problem drinking may be requested 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, ther"avail- able Community resources., Alcoholism as an illness is not, a, cause, for discipline and every. attempt will. be made by the City and tfie,'ause ifor 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.' 3.• Prcedure.work robl or Stewardst�who identioy— T personalsp oblemsrmayt�rrefernemptifloyees to tthems ""man Relations office for assistance in obtaining educational and rehabilitative services for alcoholism or other personal problems which influence performance. Nothing in this _section relieves employees of responsibility for their conduct on the job. ARTICLE XX GRIEVANCE. PROCEDURL Section 1. Definitions. The word "grievance" wherever -used in this Agreement shall mean any ispute between the City and the Union or any employee with regard to the meaning, application or violation of any of the terms and provisions of this Agreement. 'hie word "working day, shall be defined as any day except Saturday and Sunday for purposes Of this section. ction 2. of the bargaining unitsrcovcretio�-thiAn eloyee who s Agreement sl all shavetherght rione to be represented by a steward at any grievance hearing or at any step of the grievance procedure, if he/she chooses. The Union will certify the names and addresses of the designated stewards to the City Human Relations Director. 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 J2)'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 resolution. Section 3. Limitations. Unless a grievance is appealed as hereinafter provide its 1 ave no further validity or effect. Time limits may be extended by mutual agreement of the parties. Any monetary award or compensation arising out of the resolution of agrievance is limited to the period of time sixty (60) days grievance regardless of the length of the racticer to the filing of the grievance or the employee's lack of knowledge thereoing'rise to the f. Section 4. Procedures. A grievance that may arise shall be processed and settle 1n —the ollowing manner: a. Step 1. The grievance shall be presented orally for discussion between the employee.grievant, the steward if the employee chooses to be represented by a steward, and the employee's immediate supervisor within five (5) working days after the knowledge of the eventigiving'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:five'(S) working'days'after the Step l conference. -If no response is received from the supervisor Within five (5) working days the grievance will be processed pursuant to Step 2. b• Step 2. If the grievance is not resolved by Step 1°, the aggrieved employee or his/her steward (if applicable) shall, within five (5) working days following completion of Step 1, present three j3) written copies of such grievance signed by the aggrieved person, two (Z) 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 Department Director or Library Director shall,'within a period Of five (5) working days investigate and document the within and issueC. a dec�ispion in writing thereon to grievance and steward if applicable. to the CitStht 3. A grievance not resolved by Step 2 shall be submitted Y ager or his/her designee within ten (10) working days of the date of receipt of the written decision referred to in Step 2• The City Manager will investigate and respond'to the 'grievant or steward within 'ten (10) working days. d. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may e s mut for arbitrated to a third party for arbitration. A request ion must be submitted by written notice to the other party within ten (10) working days following receipt of-the'City Manager's decision at Step 3. Copies of any such request will be furnished to the City and to the Union. The cost of arbitration and recording the same shall be divided equally between the parties to this Agreement. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its preparation and for expenses of witnesses:own case_ The arbitration proceeding shall be conducted.by;an%arbitrator to be selected by the City and the Union within five (5) working:days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall bemade to the -Federal Mediation and Conciliation Service to provide a panel'of five arbitrators. Both the City (5) propective two names from the panel, and the Union shall have the right to strike strike the first name; the The party giving notice for arbitration.-shall The process will be rother party shall then strike one (1) name arbitrator. epeated and the remaining person shall be the The arbitrator shall have the power to interpret.Iapply, 'an& enforce this written Agreement but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of conduct required'during the arbitration hearing shall begin-accordance with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued thirty (30)'days: after conclusion of the hearing and shall be final and binding upon-the parties. Theparties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration-in addition to the arbitrator. Other persons maybe 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. Section S. Grievance Committee._. The Grievance.Comnittee shall consist of the persons esignate y e Union as stewards.• Not more than five bargaining unit employees may be excused, to attend to held during working hours. 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. Meetings shall be no longer than two (2) hours in length unless extended my mutual agreement and shallbescheduled to alternate between the working hours of the stewards. The function of the Grievance 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: 1. No topics will come before the Grievance which are,proper subjects for negotiations (e.g., new demands, charged. circumstances, requests for new language,,etc.);'and 2. 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. pay ranges for bargaining unit employees (see Appendix A.) The classification plan and are attached to this Agreement. Section 2. Merit Plan. The pay plan is,based;on performance evaluations and merit feZ°iity will 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 3 grievance. Section 3. Every permanent employee will receive an increase of $70.00 per month. Those employeed at the time of ratification by the Council will receive the increase retroactive to,July'l 1976. An adjustment to the salary of each permanent employee will be made on July 1, 1977 and every three months thereafter until,April 1, 1978. To determine the base salary for adjustment (for each-indicidual),.add $70.00 to the individual's salary as of;June 309 1976—The adjustment is based on the "Consumer Price Index for Urban Wage Earners,.and Clerical Workers - United States - all Items (1967=100), publiched by the:Bureau of Labor Statistics, United..States Department of Labor. The Huly 1, 1977 adjustment is the percent, -,of the monthly indexes for March, April, and May;of,1977. The percentage ,of change, is multiplied by the average base salary for both bargaining units. The pay adjustment will not exceed 2.25% in any one quarter or 9% during the fiscal year. In the event the Index decreases, salaries will decrease in accordance with the same formula. 0 contSectiain 4, P1 will c Pa an,. Each review and in six (b) steps A -F range of the Steps B-E are eligiblEmpnloe IncrFase to Step ;13 EVlsyees at St p glaTsification plan months not eligible for s IS on or review and anlinerease to �loyees o e eligible for This sectionstenot 0p incre s. those who ,are outsidee next step Prior to Council ratificatioperate.to adversely of the range are n'of the Agreement effect any employee _hired ARTICLE XXII ,rrv� Alm {VAIv� of All negotiations or bar h tUn, ions gaining with the and the shall be conducted by authori respect to ized the to rms Of the Parties.ffective only hennsi re c ed as a res ePresentatiyes conditions sallb This Agreementgeed by: the authori ed rof euch negotiations Aractices bet-wtheuPercedes and cancels presentatives gfieement between PlOyer and the U all previous to its duration, the Parties nion and :constitugr ements'and the States o f t whi parties to th s Agree entoncludes waivecollective bdzeach ga ne entire of Iowa Y would otherwise be intitled and Umd� right wf ARTICLE XXIII GDJEP4" CONDITIONS Section I. Iotya• This agreement Section 2, shall be construed ander the laws of the r r The Of this of Public danger exi os iprovision, she detenniAnesetmehat May be suspended b Section 3, time of emergency Y times with the U The Cit by law and to provide°to aU°rY items agrees to totthconfer at reasonable and Regulations and fullest bles and theee fo Y amendments s ado of the City Pers t required Y the Gr' anee Co revisions in Pted by Co nnel Rules or other iev rules uncil. items �ttee but and regulations Comments on Wit h this co will be conducted onn negotiations on mandmaay be discus mplete Agreement Y by authors sed Section 4, discriminate because The Cite' and the affiliation unless Chef race, creed, ise allowed by laweason for t}e zed teams inLems compliance Union agree they will not act to color, ages nationality, or political discrimination is fob -related i • 0 ARTICLE XXIV DURATION OF AGREaM This Agreement shall be in effect between ,July 1, 1976, and .June 30, 1978, and shrill continue from year to year thereafter unless wirtten notice to chiinge or modify it is scrved-by either:party. prior to August 15 of the year preceding the expiration date of this Agreement or ,any extension thereof. Only those articles named in the written notice or subsequent written notices will be subject to negotiations. 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. :a result of their Agreement with each Neither party shall be required as 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. 11 RESOLUTION N0. 76-287 RESOLUTION AUTHORIZING MAYOR TO EXECUTE ACTUAL USE REPORT FOR GENERAL REVENUE SHARING FOR THE SIXTH ENPITLEIEYT PERIOD - JULY 1, 1975 THROUGH JUNE 30, 1976. b"ERW' , the City of Iowa City, Iowa has negotiated a report for the 6th period for Revenue Sharing, a copy of said report being attached to this Resolution and by this reference made Part hereof, and 1%]EREAS, the City Council deems it in the public interest to authorize execution of said report. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor is hereby authorized and directed to execute the report with Department of Treasury, Office of Revenue Sharing. 2. That the City Clerk shall furnish copies of said report to any citizen requesting same. It was moved by Balmer and seconded by Vevera that the Resolution be a opted, anupon roll call there were: 9 AIMS: NAYS: ABSENT: X Balmer X deProsse X Poster X Neuhauser X Perret x Selzer X Vevera Passed and approved this 24th day of August 1976. MAYOR— 4cr--4— LERK G�_ • 1362 GENERAL VENO. S IN C yy� C qAL R IUF SHA—"Nu ✓HJVIDES FEDERAL FUNDS DIRE CTL7 TO LOCAL AND STATE GOVERNh1ENTS. YOUR GOVERN THIS REPORT ADVISING YOU YOU HOWOUR THESE FUNDS HAVE BEEN USED OR OBLIGATED DURING THE YEAR FROM JULY 1. 1975. THIS UL TO -ORM YOU E: ANY G GOVERNAIEN r'S PRIORITIES AND TO ENCOURAGE YOUR PARTICIPATION IN DECISIONS ON SHOULD DE --ENT. NOTE: ANY COMPLAINTS OF DISCRIMINATION IN THE USE OF THESE FUNDS MAY BE SENT TO THE SHARING. VIASHINCTON. D.C. 20225. UST PUBLISH JNE 30, 1976. ITURE FUNDS OF REVENUE (A) CATEGO:IIES (D) CAPITAL IC) OPERATING/ THE GOVERNMENT OF IOWA CITY hit Il' N`(iNQ` T PUSLIC SA.^. -Tv $ S has I-_'cei.ed General Revenue Sharing 2 r::vtn0'..•.LE•,ral payments totalis 5S2 9 2 596 r32� -- P PRO rEci:O ._ $ 1 22 790 $ S1 442 during the period :rom July t, 1975 Will June 9U. 1976 a riz .SPonraTlorl S 111972 $ 253 833 y/ ACCOUNT NO. 16 2 052 003 r._ALTH $ IOWA CITY S CITY MANAGER, s RrcneAno': S 169 359 — S 121 190 CIVIC CENTER, IOWA CITY IOWA 52290 e LIBRARIES$ 22297 S s nss 7 SOCIALSFOROtt PES FOR ACEo D:. Poon $ S 62 259 L FINANCIAL ADVINMTRATlon $ 5 3,829 9 MULIMUAPOie AIIO GENERAL GO'/T,`� :: •„•p�t.�; .•, to EUUCARo': $ 'i s/ (D) TRUST FUND REPORT (refer to Instruction I rocrAL O) I. Balance as of June 00. 1975 $ 599.365 :;;x.>••: ,�� $ �_..a :'. 2. Revenue Sharing Funtls Received from July T, 19751hru June 00, 1976 548 $ r 323 12 IID%iYD 5 .. - �.+ htDS1rY G=%ELOI'SIE11TF.,��� - EI-Ok �y,�� 7. Interest Rece.vea or Credited (July 1, 1975 thru June J0. 1976) $ 25 354 1; Ecronov-e DEVELOPMENT $ ir.`_4. `.;1f}N,,., ":. �\ _.;p:.�;;_$. d. Funds Released from Obligations (IF ANY) 5. Sum of tines 1, 2, J, 4 S -t $— 1,11H 043 I_ OTHER (Spec•YI .....�.....,.. S A.::.`�� 'y.xzs-.'.'4414 6. Funds Returned to ORS (IF ANY) $ 15 TOTALS S 353 /118 4 S 183,048 7. Total Funds Available S 1 ,118 043 NONDISCRIMINATION R (E) CETIRCATi WI: I certify REQUIREMENTS HAVE that 1 am the Chief BEEN MET Executive Omcer e. Total Amount Expended h respect to:,- entitlement e..,,...,,.r--....__ _ funds re dried hereon, _._ _ P and. I ce nits tsar m..,. (Sum of line 15, Column B and column C ) S - - 835,466 vu, ngvt esttry ADVISED THAT A COMBLETE COPY OF THIS REPORT HAS BEEN PUBLISHIED IN A LOCAL NEWSPAPER OF GENERAL CIRCU• LATION. I HAVE A COPY OF THIS REPORT AND RECORDS DOCUMENTING THE CONTENTS. THEY ARE OPENFOR PUBLIC SCRUTINY AT Fi nance lent r;,,; -r.._..__ Air,. _ _ IMPORTANT- THE UPPER HAGE MUST BE PU ALF OF TIIIS PACE (SEE INSTRUCTION H) It is not required that the lower half of this form be published. V_ (G) TAXES AND DEBT (refer to instruction G) Has the availability of Revenue Sharing funds enabled your govern•• 1H) PUBLICATION (refer to instruction H) moot to- t (Check as many as apply.) {t The upper part of the report was Published in the follow- Preventrew taxes ❑ ins newspaper on the staled data at a cost of ]( Maintain current tax levels • / s Name pt Nawipaper TO� {J �f�ltY pT'(`$S -rl j'T 7E`n Reduce taxes Q Prevent new debts r Date PublishM:—�&f06fS7 .19 11-71 Ia Pl^- ent incren:etl taxes n Reduce old debts (1) Person coapl Ping this report (Please print) r of Title DO NOT WRITE IN THIS SPACE FOR REVENUE SHARING USE ONLN- J53 co X19 35,1-1800, Ext- 221 li 2 ° I I (Area code) hdrphone Humber) Tfi;- ,SPORT music EHE RECEIVED Bt --FORE SEPic'PABER 1, 1976 BY: OFFICE OF REVENUE SHARING 2401 E STREET, N.W. - - LVASHINGTON. D.C. 20226 - -; nnnnnoLx� i Cuu� POR GOVERNMENTS, TW591 GOVERNMENT MUST PUBLISH THE YEAR FROM JULY 1. 1975. THRU JUNE 30. 1976. ANTICIPATION IN DECISIONS ON HOW FUTURE FUNDS FUNDS MAY 0E SENT TO THE OFFICE OF REVENUE IOWA CITY enue Sharing nts totaling S 548,323 July t. 1975 thru June 30,197G NT NO. 16 2 052 003 A CITY Y MANAGER, IC CENTER. A CITY IOWA 52240 PORT Ireler to Instruction D) 30.1975 S 544 ,366 ands 548,323 . 1975 thru June 30. 1976 S 975 thru June 30.1976) s 25,354 ram Obligations (IF ANY) S 3.4 s 1,118,043 ORS (IF ANY) $ ble s 1,118,043 ended mn B and column C) $ 835.466 e 30. 197E s__Z_8_2y5%% AVE BEEN ADVISED THAT A COMPLETE COPY OF THIS LISHED IN A LOCAL NEWSPAPER OF GENERAL CIRCU- OF THIS REPORT AND RECORDS DOCUMENTING THE OPEN FOR PUBLIC SCRUTINY AT Finance enter, 410 E. WashinjZton UBLISHED (SEE INSTRUCTION H) fished. r to instruction H) 'oport was published in the follow. Itated date at a cost of 0 S r - Iotia City Pry -CU-; yen NOT 'WRITE IN THIS SPACE REVENUE SHARING USE ONLY ' (11 Person completing this report (Please print) 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 IS i 2 1 Patrick Strabala Director of Finan" 2 2 r:arre Title 2 3 7 (319) 354-1800, Ext. 221 [ 2 a S `! 1 (Area code) Telephone Number) TH73 REPORT MUST DE RECEIVED BEFORE SEPTEMBER 1, 1976 BY: OFFICE OF REVENUE SHARING 2401 E STREET, N.W. WASHINGTON, D.C. 20226 353 000009269: • RESOLUTION NO. 76-288 0 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A LETTER AMENDATORY FOR THE CANCELLATION OF ANNUAL CONTRIBUTIONS CONTRACT NUMBER KC 9018, PROJECT NUMBER IA 22-2. WHEREAS, the City of Iowa City, Iowa, on May 20, 1975, passed Resolution No. 75-135 which authorized the Mayor to enter into an Annual Contributions Contract with the United States of America, Department of Housing and Urban Development, and WHEREAS, the Department of Housing and Urban Development has found the Section 23 Housing Assistance Payments Program Project as proposed pursuant to the Annual Contributions Contract by Old Capitol Associates to be financially infeasible, and WHEREAS, the Department of Housing and Urban Development has recommended by letter cancellation of said Annual Contributions Contract and that funds expended have been ratified and confirmed. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to certify a letter to the Department of Housing and Urban Development cancelling the Annual Contributions Contract Number KC 9018, Project Number IA 22-2. It was moved by rjpp,. and seconded by Vevera that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer X Vevera Passed and approved this 24th day of August 1976. Mayor ATTEST: L City Clerk RF.GIO.N %,if F.•Ior.I Office Buila... 4 oIf Nwlnut S:re.t F:Nns:•. Ciq�, ?I is aomi e.ti0a AFPEI' .p AVO 2 DEPARTIOT OF HOUSING AND URBAN DEV O HENT FEDERAL HOUSING ADMINISTRATION DES MOINES INSURING OFFICE FEDERAL BUILDING, 710 WALNUT STREET DES MOINES, IOWA 50309 Honorable Mary Neuhalser Mayor of Iowa City Iowa City, Iowa 52240 Dear Mayor Neuhalser: August 24, 1976 Subject: Letter Amendatory Annual Contributions Contract Contract No. KC -9018 Project No. IA -22-2 Iowa City, Iowa 5 1976 rLF 1H REnLY REFER To: 7.4G (Alphson 515-284-4599) We have just noted that in our July 29, 1976 Letter Amendatory cancelling the funding of the Annual Contributions Contract for IA -22-2 there is a reference to Contract Pio. KC -9010 when in fact, the reference should have been to KC -9018. Please.attach a copy of 'this memorandum to that agreement and we will do likewise in =our files. r Thank you n A. Alphson cooperation. n u July 29, 1976 Honorable Mary Neuhalser 5ayor of Iowa City Iowa City, Iowa 52240 Dear '.tilyor Neuhalser; 40 7.4r, (Alphson 515-284-4599) Subject: Tettar Amendatory for Cancellation of Annual Contributions Contract Number KC -9010 Project Humber IA. 22-2 Iowa City, lova Please be advised that the Section 23 Housing Assistance Payments Program Project as proposed pursuant to the Annual Contributions Contract of May 30, 1975 by Old Capital Associates has been found to be financially infeasible, and we must, therefore, cause to be cancelled and recinded the Annual Con- tributions Contract between the Department of Housing.and Urban Devslopwent and your City with a recapture of the funds pursuant tbereto. We wish to state that the Annual Contributions of $206,328.00 as recited in the Annual Contributions Contract OKC-9010 will bo recaptured to the Department of l'.ousing and Urban Development except that all funds and acts to the date hereof acco,aplished by your City as approved -by our Department are hereby ratified and confirmed at no expense to your City. ;or purposes of cancellation of the l:miial Contributions Contract VKC-9010 dated 'ay 30, 1975 between the Cov+mrnment and your City we ask that you join herein and mutually consent to the cancellation and recission of ,said contract by signing where indicated belo:r and supportinq this letter Amendatory Agree- ment by appropriate resolution of your Corsrning Body. Please concur and consent to this agreement by signing in triplicate, retaining one copy to be attached to your copy of the Annual Contributions Contract and return tao executed copies to the Des Moines Insuring office. Sincerely, or Uira Uirsfor Mayor n ATirST: ( i ./ / T L' City of po+a City City Clerk Iowa City, Iowa• cc: Central T.er:,l. Chrnnn 7"4C•Alnhann : f.h, 7 -7n -7f. RESOLUTION NO. 76-289 RESOLUTION ACCEPTING PAVING WHEREAS, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, approximately 3,075 square yards of 7" PCC including curb and gutter in Washington Park, Part 9. (Columbia Drive) AND WHEREAS, Maintenance Bonds for file in the City Clerk's Office, Metro Pavers, Inc. are on NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Foster and seconded by Balmer that the Resolution as read be accepted, and upon roll call there wn..re: AYES: NAYS: ABSENT- BALMER x dePROSSE x FOSTER x NM1AUSER x PEP= x SEDER x VEVERA x Passed and approved this 24th day of August , 19 76 . IAn) a rj C. �)oji)A,A a — / Mayor ATTEST: L City Clerk 13�>y ENGINEER'S REPORT August 18, 1976 To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's Office. Concrete paving on Columbia Drive for Washington Park Addition, Part 9, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the abovementioned improvements be accepted by the City of Iowa City. Wnespefully submitted, A. Dietz, P.E. City Engineer EAD:bz Clerkseap r �y IL1C IAIPROVESIENT ?.1AINTENISCE BOND / FOn'iny b%M.%rENA.VCE OF 4152,215 gtnnfa E 11 r,.icn P U Zrse 31resenfs: That Metro Pavers, Inc. of Iowa City, Iowa as Principal, and the State Surety Company of Des Moines, Iowa as Surety, are held and firmly bound unto the City of Iowa City, Iowa in the penal sum of --TWENTY-EIGHT THOUSAND NINETY AND 77/100------------------($ 28,090.77-----) DOLLAP.S, lawful money of the. United States of America, for the payment of which, well and truly to be made, the Principal, and Surety bind themselves, their and each of their heirs, executors, administrators, successors.and assigns, jointly and severally, firmly by these presents. Signed and delivered this 9th day of August A.D. 19 76 Whereas, the said Principal entered into a certain contract, dated the 15th . day of July .1976 , with the Druce Glasgow , to furnish all the material and labor necessary for the construction of approximately 3,075 square yards of 7" PCC including curb and gutter in Washington Park, Part 9 ti in the Ci ty of Iowa City , in conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in worlanarship or materials that may develop in said work «ithin a period of five (5) under said contract; and years from the data of acceptance of the work Whereas, the said State Surety Company of Des Moines, Iowa for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying aaid City of Iola City, Iowa as aforesaid; Now, Therefore, the Condition of This Obligation is Such, that if the said Principal does and shall, at his oA9n cost and expense, remedy any and all defects that may develop in said work, -within the period of f- . (5) years from the date of •acceptance of the work under said . con- tract, by reason of ba woe manship or poor material used in the construction of said work, and shall keep all Fork in continuous good repair during said period, and shall in all other respects; comply with all the terms and' conditions of said contract with respect to maintenance and repair of said work, then this obligation to it null and void; otherxise to be and remain in full force and virtue in law. 11ET1tR ��Y�RS , _ S�--/---- Principal Approved ---------=----------------• 19---- C_B rt1Cy�-ft-,L E s = -- Ey--------------------------------------- DT ------------ Surety City Solicitor. By- --orne--- y -in -Fact -------------- Att =2o -t2 s 136 cificall named therein, and those named therein to the bonds and and nn astatell. y This Power of Attorney limits the ny except in the mnnncr and to the aextent they have no authority to bind the POWER OF ATTORNEY STATE SURETY MNII'ANY Des Moines, lows KNOW ALL ',MEN BY THESE PRESENT M a Corporation organized and existing under the 6iws of the State of Iowa, by I T.on_-s;� That State Surely company, Vice President _-- in pursuance of nuthariq' givatcd by Section 1. Article II Of its By- laws to wit: TLLIe any V!ce•President or any Assistant Vice -President, the Secretary or any AssistantThe -,The Chairman Of the Board, the President, The Vice -President• or any Assistant Vice -President• in conjunction with the Secretary Secretary or the Treasurer shall have authority lO issue bonds, policies or undertakings in the name of the company. Chairman of the Board, the President or any such or any Assistant Secretory may appoint nttorncys-in•fact or agents with authority as defined or limned in the instrument evi- and suretyship litigation, f all kinds; and said Officers cony remove any dr any the appointment in enrh case. for noel on behat( of the Cnmpnny tO execute noel deliver noel to affix the seal of the Company, to bonds. undertakings, recoRniz 0 t" attorneynn•fact or agent and revoke any power of utuu'ney gnunw{ to wch person. does hereby nominate• constitute and appoint or C. B. Condon or G. A. La riason of DesClfoinesrlowa Jr or James F. Norris or James E. Thomp its true and lawful agent and Attorney in Fact• to make. Ix,,,n,•. seal and deliver, for, and on its behalf as Surety. and as it, act anti dt•.•d. Any and all bonds or undertakings shall be as binding upon said Company, as to all intents and purposes, as if =uch bond had been duly executed and acknowledged by one of the And the execution of such bonds or undertakings in purswmce n[ these presents, fully and amply. in their Own plotter person. regularly elected officers of the Company This Power of Attorney or any certificate thereof mayt+° "v°ed °°'! s"pled b}' facsimile under and by the tntthnnly granted by Section 1. Article II. Paragraph :1 of its BY- be affixed by facsimile to a norpower of attorney --The signature of any authorized officer and the seal a the Cortipnny may or certification thereof authorizing the execution and delivery of any bond, undertaking, 6 obligation of the Company: and such signature and sent when so used shall have the same force and effect as though manually affixed." It is certified by the officers signing that the foregoing is n true copy of Section I, Article II of the BY -Laws Of mid Company, duly adopted and recorded• and is now in force. IN WITNESS WHEREOF, we have hereunto subscribed our 19 72 and affixed the corporate seal of the said State Surety Company this_ 41IL—Any of J armo(—_-- --- - / STATE SURETY COMPANY / Vice Pr 'ant -'—_'--` SecrFtary Assistant Iowa __ State of Polk as. County oL---- * tone personally appeared appeared l On January 4 1972 before me, a notary public in noel for said County, p of State Surety Vice President — personally known who being by me duly sworn, did say that hen _ virtue of the laws of the State B Iowa; Company, of Des Moines, Iowa, created, organized and existing under and by b authority of its Boatel of of that the of instrument was signed and sealed on acknowbehalledged tthe execution te Surety Company psaid instrument to be the voluntary Directors and the said 11--.I.�'OnK— en b it voluntarily executed. ictal seal at�-11 i es Iowa act and deed of State Surety Company Y name end affixed m ` G ,/ IN the day andsyei+r WHEREOF. above lhave written hereunto kubscribed by I\�, (y-�1• u— r L• 1972_ ina.t i Notary Public 'My commission expiresy moi--•— CERTIFICATE Charles L. sistan Hollingsworth does hereby certify that the above and Assistant Secretor}• of State Sure9y�idCS ate S Surety Company, which is still in force and The undersigned. .--- °� a power of Attorney executed by foregoing is a true and correct copy this effect. name and affixed the corporate seal of the said Company, In Testimony Whereof, I have hereunto subscribed my DC / c utnls� t — G 9th day ofAAYn V� N r O�� wruriGt " -�h Secretaf� �a Assistant r-' 2588 (Rev. 1/70) 1' RESOLUTION NO. 76760 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE WEST PARK LIFT STATmN WHEREAS, named Pr above - NOW, THEREFOR BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the contract for the awarded construction of the above-named project is hereby to Jim Schroeder Construction Bellevue Ion. or" 44.750.00 Inc. awardea secure adequate and in -' `' gyne condition surance certificates. It was moved by that the Resolution as read be ado ted and seconded by P , and upon roll call there were-- AYES: ere AYES: NAYS: ABSENT.• x BALMER X dePROSSE x FOSTER x NEUHAUSER x FERRET x SELZER x VEVERA Passed and approved this 24th day of August 19 76 MAYOR 7 / L ATTEST: `'��(-t_ CITY CLE t 365 l/- 0 'inTI(:E TO 1TDDF.R5 Fnn 9M MOK LIFT SWIM iOIIA CITY, IMIA• r�v�'JIGNaau Sealed proposals ':ill he received by th': City 'tanager or his authorized rent-:sentative of the City of Ioo-,a City, iowa, until 10:00 A.H. nn the 17th da; of August 1976, and onened immediately therca ter. Pronosels —iII he acted unon by the City Council at a meeting to he held in the n he Council Chamt,er� at 7:30 P.H. on August 24 , 1976, or at such later time and place as nnv thefixed. The proposed innrovements ',ill consist of the construction of a sanitary set -'ane lift station consisting of a factory fahricatad numning station, a field constructed wet t•rell, associated annurtenances, demolition and abandonment of an existing lift station, and miscellaneous associated r:ork.. All work is to he done in strict cortnliance t•.ith plans and specification: nrenared by 'VIS Consultants, Inc., of Io'ra Cit;o, Irnra, which have been approved by t*;e Pity Council and are now on file for Public examination in the office of the City Clerk at•the Civic Center in Io'oa City, In;•,a. All nronosals and bids in connection therer:ith shall he Surmitted to the Clerk of said City on or before the time herein set for hid opening. All nr000sdls shall .he -- -- made on official bidding blanks furnished by the owner and aw, alteration in the Official form of nronosal shall entitle the Council, at its ontion, to reject the proposal involved from consideration. Each nronosal shall he sealed and plainly identified. Each nronosal shall he made on a form furnished bit the City and must he accompanied by a cashiers or certified check drawnpn anlovra Bank and filed in a sealed envelope separate from the one containing the proposal, and in the amount of, $3,000.00 made payable to the City Treasurer of the City of Inwa City, Iowa, and may he cashed by the Treasurer of the City of [ot:'a Pity, Irn•:a, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insurinn, the faithful nerformance of the contract. checks of the loi,est two or more bidders may he retained for a neriod of not to exceed fifteen (15) days until a contract is a,•'arded or rejection made. nther checks will he returned after the canvass and tabulation of 'lids is cmmnleted and reported to the City Council. Payment to the Contractor '-rill he made in cash from such funds of the City that may he legally used for such purnoses. Pa'ment will be based unon duly certified and apnroved estimates of work performed during the nreceedinn calendar month for work Perfo med under the contract. Monthly estimates equivalent to ninety percent 00`) of the contract value of the work cornleted during the nreceedinq calendar month t•111 he nrenared by the Contractor and certified by the Engineer to the n+•mer for payment on or before the tenth (10th) day of the month in nuestion. The Contractor will he nail interest on unnaid sums due in iccnrdance a:itir tl•e co.rtract documents at the rate of seven nercent (7") nor annum. In nn event, ho!•!.•c+er, • will navment to the Contractor exceeld ninety ner cent (np".) Of the total contract "rice nrior to thirty (39) clays from tile. date of final accent- ance of the work by the Owner, subject to the conditions of and in accordance with the provisions of Chanter 573 of the. Shall in no r•rav be Code of Iowa, lata -,t edition. Monthly naynents rued as an "(-.t.t of acceptance for any part of the. work nartially nr totally comoleted. const Ry virtue of statutory authority; Preference mill he given to nroducts and r visions grrn+n and coal produced ,!jthin the State of irnrr, and nrefinence rill he niven to Iowa domestic labor in the cnnstrur_tion of the imand orefe The successful bidder liill he required to furnish a bond in an amount enual to ane hundred Percent (inn:) of the contract "rice, said pond to he issuer! by a resnonsible surety annroved by the City Council and shall guarantee the faithful nerrormance of the contract and the terias and conditions therein contain -!d end shall uuarantee the nror..pt navnent of all macerials and lahor and shall also rarartae the maintenance of the imnrovement for a nerinrl of tarn (2) years fros and after its comnietion and accentance by the City. The ;•rorh.under the nronosed contract will he coru:enced !•!ithin!` after signing of the contract -and shall he comnleted by 30 nays iia 1 1977 _ The plans and •specifications governinn the construction of the nronosed innrovern,i have been prepared by INS Consultants, Inc., of Inwa City, Towa, which nlans and pts snecifieations, also nrior oroceedinns of the City Council referring to and defining said nronosed improvements are hereby made_ a hart of this notice by reference and the nronosed contract shall he executed in compliance therea' lth. The plans, specifications and nronosed contract may he. examined at the office of the City Clerk. Conies of the said Plans and snecifications and form of oronosal blanks may he secured at the nffice of the City Engineer of lot -' t" fide bidders unon Payment of g a City, lot -!a, h•+ fifteen dollars (S 15.00 ) !•!hich to he returnable to the bidders provided the pians and speci ications are returned to the Office of the City Engineer in good condition within fifteen (15) days after the opening of the bids. Suppliers returning the plans and specificatinns in ond condition within fifteen (15) days after the opening of the g bids shall l also receive full refunds. The City reserves the right to reject an,/ or all pronosals and to waive techni- calities and irregularities. Published anon order of the City Council of Iowa City, Iot•;a Ahbie Stolfus Citv Clerk of Iowra City, Iowa i RESOLUTION N0. 7G-291 RESOLUTION ESTABLISHING TRAFFIC CONTROL SIGNS AT CERTAIN DESIGNATED INTERSECTIONS IN IOWA CITY. IOWA WHEREAS, the Ordinances of the City of Iowa City, Iowa, provide that the City Council may establish traffic control Signs at designated intersections in Iowa City, Iowa, by Resolution, after determination that it is in the public interest to establish said traffic control signs, and, WHEREAS, the City Council of Iowa City Iowa, has deter- mined that it is in the public interest to establish the . ' following traffic control signs at the following intersections: 1) Yield Signs at Davenport and Lucas to Provide right-of-way for vehicles on Lucas. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: A) the following signs are hereby established at the follow- ing intersections: 1) Yield Signs at Davenport and Lucas to provide right-of-way for vehicles on Lucas. B) that the City Manager is hereby authorized and directed to have appropriate signs installed to effectuate the provisions -of this Resolution. It was moved by deProsse and seconded by Selzer at the Resolution as rea e a opted and upon rol ca eF re t were: AYES: NAYS: ABSENT: x x Balmer x deProsse x Foster — — Neuhauser x Perret x Selzer x Vevera Passel and approved this 24th day of August 197 6 A A A/ l �VU'11Y�/1i�nni J � Magor ATTEST: 76 ��Le City Clerk 3 (e-7 (_1 RESOLUTION NO. 76-292 RESOLUTION ESTABLISHING TRAFFIC CONTROL SIGNS AT CERTAIN DESIGNATED INTERSECTIONS IN IOWA CITY, I014A WHEREAS, the Ordinances of the City of Iowa City, Iowa, provide that the City Council may establish traffic control signs at designated intersections in Iowa City, Iowa, by Resolution, after determination that it is in the public interest to establish said traffic control signs, and, WHEREAS, the City Council of Iowa City Iowa, has deter- mined that it is in the public interest to establish the following traffic control signs at the following intersections: 1) Yield signs at Gilbert and Ronalds so as to provide right-of-way for vehicles on Gilbert. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: A) the following signs are hereby established at the follow- ing intersections: 1) Yield Signs at Gilbert and Ronalds so -as -to - provide right-of-way for vehicles on Gilbert. B) that the City Manager is hereby authorized and directed to have appropriate signs installed to effectuate the Provisions -of this Resolution. I It was moved by Balmer and seconded by deProsse that the Resolution as rea e a opted and upon rol cal t ere were: AYES: NAYS: ABSENT: x Balmer deProsse Foster Neuhauser Perret Selzer Vevera Passed and approved this -4th day of August , 1976. ATTEST City Clerk Mayor 61 1 SOLUTION NO. 76-293 RESOLUTION AUTHORIZING EXECUTION OF PERMANENT SIDEWALK EASEMENT ��� THE 10,,,,, CITY CaKMWITY SCHOOL DISTRICT with rWFiAS' the City of Iowa City, Iowa, has negotiated an easement being attached tCoamiuni School District and, this Resolution and b a of said.—_---aseasement Y this reference made a p eref WHEREAS' the City Council deems it in the Pylic .in into said easement for a sidewalk in the terest to enter easement for the Helen L429M Elermn Oakwo Y s, Part 6 subdivision, . Said sidewalk ea Permanent. Schoolcement is to be THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1- That the Mayor and City Clerk are to eeccute the easement with the hereby authorized and directed I owa Ci Ca'Eunjt School District District . an2. That the City Clerk shall Y citizen requesting same. furnish copies of said easement it was Resolution be added by Vevera and Pted, and upon rollcall tseeconre ed by deProsse the AYES NAYS: ABSENT: , x x BALMER x dePROSSE x ITER NEUHAUSER x x --- PERRET x SELZER VEVERA Passed and approved this 24th day of August 1976, ATTEST:4CiCLIerk-d& Nlay°Y -Z r,.4 • PERMANENT EASEMENT This agreer,.ent, rade and entered into by and between the City of Iowa City, first party, which expression shall include its agents or assigns, and the Iowa City Cor -:unity School District, second party, which expression shall include their agents or assigns, witnesseth: It is hereby agreed as follows: For the su-m of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, first party hereby grants and conveys to second party an easement for the purposes of construction a fence and maintaining a sidewalk over the following described real estate, LO wit: The ten foot walkway lying immediately adjacent to and south of lot 280 of Oakoods Part 6A addition to the City of Iowa City, in the SE quarter of Section 12, T79N, R61.1 of the 5th principal meridian, Johnson County, Iowa. The second party shall maintain in good repair the fence and sidewalk for the express purpose of providing pedestrian access between Helen Lemme School and Amhurst Street. Such maintenance and repairs shall include structural raintenance to the sidewalk and fence as necessary. First party reserves the right to use said strips for purposes which will not interfere with second party's full enjoyment of the rights hereby granted. Further, first party reserves the.right to review plans and specifications for the proposed construction, and to require that all said construction conform to ordinances and regulations as established in the City of Iowa City, Iowa. First party does hereby convenant with second party that they are lawfully seized and possessed of the real estate above described; that they have a good and lawful right to convey it, or any part thereof. It being understood that the Iowa City Community School District, by accepting this grant of easement; right of entry and encroachment, agrees. -to replace and repair any damage to said real estate caused by said construction and to resod or reseed said real estate after fine grading said real estate and that in ttie event any damage is caused to said real estate by the negligence of the Iowa City C=.—,unity School District or its employees, that said damage will be repaired or compensated. The provisions hereof shall inure to the benefit of and bind the;successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. Dated this day of A.D. 1976. For the City: 1A ) Ar u r AA Q 11J 1U LP— 0n Mayor For the Iowa City Community School District i 1ZX�e City Clerk �,,�7 '{_{ 0 0 AGREEMENTS/CONTRACTS Attached are Ll unexecuted copies of rd- as signed by the Mayor. After their execution by the second party, please route 1) �.! . Q, C. J z) It C7 c^ �JE reco(cla�� 3) C',fi�r� lE ,KK 4) 5) ICiL ti is to be responsible for completion of this procedure. Abbie Stolfus City Clerk RESOLUTION M. 76-294 RESOLUTION ACCEPT= PAVING AND STojzNf SEI%M 1MPROIFLNIENTS e, % �WHEREAS, the Engineering Departnent has certified that the following rove+mntshave completed -in accordance with plans and specifications of the Ci of Iowa City, concrete paving and storm inlets for Bel Air Addition, Part 6, as constructed by Metro Pavers, Inc, of Iowa City, Iowa; storm serer for Bel Air Addition, Part 6, as constructed by Knowling Brothers Contracting Company of Coralville, Iola. file � w��, Ms for Maintenance BondMetro Pavers E KnowlinQ Bros are on the City Clerk's Office, NOW TFEMIEFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Balmer and seconded that the Resolution as read be accepted, Vevera P ,and upon roll call there uere: Passed and approved this 24th day of August 19 76_ / Mayor a^i^rsT: LG/ -Z- c City Clerk J 369 AYES: NAYS: ABS'EZ T: RAMER x dePROSSE x FOSTER x NUA] \USER x PERRET x SELZER x VL•'VLTRA x Passed and approved this 24th day of August 19 76_ / Mayor a^i^rsT: LG/ -Z- c City Clerk J 369 ENGINEER'S REPORT August 18, 1976 To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: tify that below havebbeenrcompleted inesubstantialoac�ordance with the Tans and specifications of the Engineering Divisiontof thehe rCityeofpIowated City . The required maintenance bonds are on file in the City Clerks office. Concrete paving and storm inlets for Be] Air Addition, Part 6, as constructed by Metro Pavers, Inc. of Iowa City, Iowa; storm Sewer for Bel Air Addition, constructed by KnowliPart 6, as Coralville, Iowa. ng Brothers Contracting Company of I hereby recommend that the abovementioned improvements be accepted by the City of Iowa City. Respectfully submitted, EGGcq�uJ A. �� ugene A. Dietz, P.E. City Engineer EAD:bz PUlo lAIPR(1VJ3 LINT I.IAINTE,tiANLOBOND troy rte rI A NTcXANCE OF #152,216' cru eMrn Lhesc Presents. That Metro Pavers, Inc. as Principal, end the State Surety Company °i Des Moines, Iowa of Iowa City, Iowa and fi- :ly hound unto the City of Iowa City, Iowa as Surety, are held , in the penal sum o: --THIRTY-EIGHT THOUSAND THREE HUNDRED SIXTY -POUR AND 3G/lOq$ 38,364.36----) DOLLARS, lawful money of the. United States of America, for the payment of which, well and truly to be made the Principal and Surety bind themselves, their and each of their heirs, executors, administrators successors and assigns, jointly and severally, 5r mly by these presents. Signed and delivered this 9th day of August A.D. 19 7G Whereas, the said Principal entered into a certain contract, dated the 15th • day of July , 1976 , with the City Development , to furnish all the material and labor necessary for the construction of approximately 3,501 square yards of 7" PCC including curb and gutter for a contract price of $32,217.,76; and also a circle involving approximately 569 square yards of 7" addition, Part 6 PCC Por a price of $6,146.50; all in Bel Air. in the City of Iowa City , in conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said tivork Nvithin a period of five (5) -- -__ . years from the date of acceptance of the work under said contract; and Whereas, the said State Surety Company of Des Moines, Iowa for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Iorea City as aforesaid; Now, Therefore, the Condition of This Obligation is Such, Principal does and that if the said shall, at his own cost and expense, remedy any and all defects that may develop isaid work, within the period of five f5) years from the date of acceptance of the work under said .con- tract, by reason of bad workmanship or poor material used in the construction of g aid said work, and shall keep all work in continuous good repair durins period, and shall in all other resnect? comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this oblization to be null and void; otherwise to be and remain in full force and virtue in law. Approved --------- By--------------- 264 2 City Solicitor. METRO PAVERS1-INC _- / ---- ----- Principal By ----�' Attorney --------- Surety. ct---------------- This Power of Attorney limits the nct� they have no authority to bind the Co hose named therein, to tile y except in the mnnne,. and to fileextent xtepde gs spccificnlly named therein, and POWER OFATTORNN;Y n state,i. STATE SURETY COMPANY Des Maines, Iowa KNOW ALL bIEN BY THESE PRESENTS: That State Surety Company, a Corporation organizer) and existing under' the laws of the State of low°, by�i. T _ Vice President in pursuance n( authority g+ante,) l+, C) "The Chairman of the Board, + Title ) Section 1, Article Il of Secretarythe I resident, any Vire-President or any Assistant vice- its By -I �ws to wit: Chairmais the Boenrd r(j,e hpresirdent+or any VicetY to �Pre idents or oa^rc,es or undertakin President, the Secretary or any Assistant de any Assistant Secreta in may. appoint attorneys -in -tact or ° e Rs m the name of the dancing the appointment m ase y Assistant vice -President, in conjunction with the ,.,,,Company. The h taee, for end nn behalf of the Comwnn.ttuthorit}• as defined or limited in the instrument evi- nttorneny to bonds, undertakings, recogniznnces, and suretyshi P t^ execute and deliver and to l affix lin seal t the attorney-in-fact or agent end revoke any power of attorney a obligations of all kinds; and said officers ma • re does hereby nominate, constitute and a granted t^ such person.' ) move any such appoint C- B. Condon or C. A. La Mair, II or C. J. !:rant, or JamesJr. or James F. Norris E. Thompson of Des Moines,Iowa its true and lawfagent :md Attorney ill Fact, t its act and deed: o make, oxer uta, seal and deliver, for, and on its behalf as Surety, and as Any and all bonds or undertakings And the execution of such bonds or undertakings in pursuance of these redly and amply, to all intent, tiand purposes, as if such bond had been duly executed and acknowledged b regularly elected officers the Com nn pre"cots, shall be as binding P y in their own proper K upon said Cgmpaf as This Power of Attorney or an person. ) one of the by Section 1, Article 11, parry certificnle thereof may be signed and sealed by facsimile under and by the authority graph a of its By-I_rws b- suit: "The signature of any authorized officer and the seal of the Company may be affixed by facsimile to any anted or certification therm( authorizing the execution and dative obligation of the Company; and such signature and seal when sa used Shall have the same force and effect as affixed." n' of any bond, undertaking, recognizance, y pO"'er of attorney or other suretyship It is certified by the officers signing that the foregoing though manually duly adopted and recorded, and is now in force. K K is n true co IN WITNESS WHEREOF. �r pY of Section I, Article If of the Dy -Leis of said Company, _ e haw> hereunto subscribed our mane= and affixed the corporate sent of the said State Company this_ 4[j1_,dey of__.lanu,>� -_ ` --- —_ .I:r. 7_._• Surety STATE SURETY COMPANY Assistant Scc Mary State of Iowa _ Vice Pr 'ant y Polk — 1 Count ot._ss. _ I OnJanuary 4, 1972 before me, a notary public in and for sold County, Personally known who being by me duly sworn, did an • President appeared MAI on i� LCn�`_ Company, of Des Iloines, low•a, } that he is __ Vice PrCsident_ that the attached instrument was created, organized and existing under an b -�— of State Directors and the said signed and settled on behalf of State Surat virtue of the ttw Surety act and deed of State Sure yCompanys y Y Company byl authority sof it, of Iowa; b • rt volunlaril acknowledged the execution of B. rd of I� WITNESS WHEREOF, ) executed. said instrument to be the voluntary the day and I have hereunto subscribed by neme and affixed m year last above written. ural seal atDes I fines Iowa 3fy commission expires_,ZnjV 4_ 1g�? ���'�. ,r (� Charles L. �otar5 Pub tic IlollinPsworth CF,ItTIFICATE The undersigned,. _Assistant foregoing is a true and correct copy of a power ofSecreta Attorney executed b effect. ) of State Surety Company, does hereby certify y said State Surety Company, whica stilthat l in force and In T��e1s'timony whereof, I have hereunto subscribcU my name and affixed the corporate seal of —�, 19 7 G the Said Company, this 2588 (Rev. 1/70) 7 e C A6AL Assistant Secreta RESOILMON NO. 76-295 G' WWITH�IOWA DE RTM ENT ON OFppRTATION AREAS, the City of Iowa Ci with Iowa Department of Imo, has negotiated a being atter � Transportation, a n agreement and, s Resolution and Oren of said aar_a reem�— s reference _.said a � �—�-- V210E4S, the City Council deers it in the public interest into said agreement for federal partici ation iMuscatine Avenue improvemen AUS pro�ec NC�7, THEREFORE, BE IT RESOLVED BY THE CITY COUXCII': 1- That the Mayor and Ci ty to execute the agree.,nent with Clerk are hereby authorized and directed '.— Iowa Depart 2• That the City Clerk shall furnish copies of said to any citizen requesting sane. _ _ a o r P----�f It was moved by _d P P r n c c ' Resolution be d- u — l d seconded by Foster Pon rolcall there Hnere: the adopted, an AYES: NAYS: APSE: —X Balmer — X deProsse — X Foster Neuhauser X Perret Selzer Vevera Passed and approved this 24th day of ATTEST---�QiGsL' Mayor City Clerk August 1976. 1370 i September 14, 1976 Ms. Abbie Stolfus City Clerk City Hall Iowa City, IA 52240 Dear Madam: i 2h: _ate ( HIGHWAY DIVISION 026 LINCOLN WAY AMES. IOWA 50010 SIS -296-1101 REF. R0. Johnson County M-4052(829)--81-52 RE: Municipal Agreement #76-F-071 for FAUS Project in Iowa city Attached is a copy of the approved agreement for the improve- ment of Muscatine Avenue and 1st Avenue. This agreement was approved by Staff Order on September 2, 1976. Very truly yours, Russell K. Moreland, p.E, bj t Office of Urban systems Attachment cc: H. E. Gunnerson, Director -Chief Engineer L. G. Richert, Office of Accounting, Iowa DOT V. R. Raymond, Office of Accounting, Iowa DOT F. O. Bloomfield, Office of Maintenance, Iowa DOT J. R. Bump, Office of Urban Systems, Iowa DOT A. I. Calvert, Office of Materials, Iowa DOT L. E. Richardson, Office of Urban Systems, Iowa DOT K. E. Davis, Office of Contracts, Iowa DOT Van R. Snyder, District 6 Engineer, Iowa DOT Federal Highway Administration, Ames, Iowa COMMISSIONERS IIARUAkA I -.L n,y DONALD K. GARDNER STEPHEN CARSf WILLIAM F. MCCRATH ROBERT R. RIGLER L. STANLEY SCHOELERIIAN ALLAN TNOMS Ce-.,. A.101 Coon nwds Melrose New Hamptp^ Spencer Dubuque !. • DEPARTMENT OF TRANSPORTATION AGREEMENT FOR FEDERAL -AID URBAN SYSTEM PROJECT City: Iowa City County: Johnson Project No: M-4052(829)--81-52 Department of Transportation Agreement No: 76-F-071 WHEREAS, pursuant to Sections 306A.7 and 306A.8, 1975 Code of Iowa,the City of Iowa City , hereinafter called the "CITY", and the Iowa Department of Transportation, Highway Division, hereinafter called the "STATE", may enter into an agree- ment respecting the financing, planning, establishment, improvement maintenance, use or regulation of public ways in these respective jurisdictions, and it is their opinion that the improvements in the traffic carrying capacity of the many streets is necessary and desirable, and WHEREAS, the Congress of the United States, in the Federal -Aid Highway Acts of 1970 and 1973, provided for the Federal - aid Urban System, hereinafter called FAUS, and Congress had made funds available through the Federal Highway Administration, hereinafter called the FHWA, for improve- ments to the FAUS, these funds being administered by the STATE, and WHEREAS, the STATE has established Policy 2707, (formerly Policy 2605) dated May 30, 1974 and revised January 9, 1975, June 30, 1975, and September 25, 1975, to effectively administer the FAUS program in Iowa, and WHEREAS, FAUS funding is available, subject to the limitations stated in Policy 2707, for reimbursement of up to seventy percent (70%) of the costs relating to an improvement on the FAUS and that local funds are to be used for the remainder of the improvement costs, a minimum of thirty percent (30%), and WHEREAS, the CITY has requested eligible reimbursement from FAUS funds for construction costs, associated with said improvements, and WHEREAS, the CITY •• proposes to improve FADS route No. 4052 known as Muscatine Avenue beginning approximately 445' west of 1st Ave. thence east approximately 1.05 miles to Scott Boulevard. The proposed project is a 37' B -B pavement from Arthur Street west to 445' west of 1st Ave, and on 1st Ave. approximately 300' north and south of Muscatine Avenue and a 31' B -B pave- ment between Arthur Street and Scott Boulevard. NOW, THEREFORE, BE IT AGREED: Section 1. Since this project- is to be partially financed with Federal funds, the CITY shall take whatever actions may be necessary to comply with applicable Federal laws and regulations. Section 2. The CITY will take the appropriate actions and prepare the necessary documents to fulfill the requirements of Federal Aid Highway Program Manuals, Volume 7, Chapter 7, Section 2, Environmental Impact and Related Statements; and Volume 7, Chapter 7, Section 5, Public Hearings and Location/Design Approval. Section 3. The STATE will obtain the necessary A-95 clearance from the State Office for Planning and Programming. The CITY shall obtain and submit to the STATE the necessary A-95 project clearance statement- from Area X Regional Planning Commission known as Johnson County Regional Planning Commission. The CITY shall secure any permits required by the Iowa Natural Resources Council. Section 4. The CITY will prepare the construction plans, specifi- cations and estimates. The design will conform to Design Standards for Federal -aid projects as set forth in Volume 6, Chapter 2, Section 1, Subsection 1 of the Federal Aid Highway Program Manual. The project will be constructed under the STATE standard specifications and current appli- cable special provisions. Applicable CITY specifications with prior approval by the STATE and FIIWA, may be used for items not specifically covered by STATE specifications. Section 5. The CITY shall provide to the STATE the necessary Right of Way Assurance Statement prior to receipt of FHWA location -design approval. Section 6. The STATE may, at the request of the CITY, provide right of way appraisal and acquisition services. The actual cost to the STATE of providing said services will be billed to the CITY. Section 7. All right of way activities whether performed by the CITY or STATE, shall be in accord with the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act. Section 8. If the STATE does not provide appraisal and acquisition services, the STATE will monitor the CITY right of way activities in accordance with normal policy. Section 9. The CITY shall forward final plans, specifications and project estimate (PS&E) to the STATE. The STATE will program the project with the FHWA, submit the PS&E ?' documents for approval by the FHWA. Section 10. Upon receipt of FHWA approval of the PS&E, the project may be let by the CITY in accordance with Policy 2707 Section 3.c. or the CITY may request the STATE to hold the letting. The CITY shall be the contracting under each of the following arrangements. a• If the CITY holds the project letting,g authority e CIT advertise the letting, conduct the letting andY well determine the ].ow bid. Projects shall require bidder prequalification by the STATE in accord with STATE Specification 1102. The CITY shall only issue bid proposal forms to contractors who have been pre- qualified by the STATE as applicable. The CITY shall submit copies of all bid proposals, a tabu- lation of all bids received on STATE tabulation forms to the STATE, along with a City Council Resolution for acceptance or rejection of the low bid and will certify that all prospective bidders have acknowledged receipt of the addendums for the letting, issued b. If the STATE holds the project letting, the STATE will follow normal project letting procedures. After bids are received and opened, the STATE will furnish the CITY with a tabulation of all bid proposals. The CITY, by Council Resolution, will act on the bids received and will furnish the STATE with three (3) copies of the Resolution. Section 11. The STATE will review the bid tabulations and proposals and will prepare a DOT order for concurrence to award the contract. Section 12. The STATE will forward the necessary documents to the FHWA to secure approval to award the contract. After receipt of FfIWA approval, the STATE will notify the CITY. The CITY shall enter into a contract with the contractor, secure his performance bond and certificate of insurance. Section 13. The CITY shall forward to the STATE copies contract, bond and insurance certificateof the. The STATE will prepare Detail Project Agreement, a FHWA approval of the Agreement. nd obtain • - 4 - • Section 14. Materials Testing and Construction Inspection: The CITY shall comply with the procedures and responsibil- ities for materials testing and construction inspection set forth in paragraph vi.C.3.d. of Policy 2707. The STATE will bill the CITY for testing services according to its normal policy. section 15. Contract payments. The CITY shall comply with the procedures and responsibilities for contract payments set forth in paragraph vi.C.3.e. of Policy 2707. The following documents shall be submitted by the CITY to the STATE District office at the completion of the project: a. Form PR -47 Statement of Materials and Labor'used by contractors on Highway Construction Involving Federal funds. b. Form 303 - Certification of Wages and Payroll C. Form 314 - Final Estimate of Road or Bidge Work d. Form 435 - Certificate of Completion and Final Acceptance of Work. e. Form 436 - Final Payment f. Invoice and Proof of Payment(a billing to the led warrants STATE for FAUS funds, copy of and City Council Resolution) Section 16. The CITY will effect whatever steps may be required to legally establish the grade lines of the new highway facilities constructed under said project, and shall pay or cause to be paid all damages resulting therefrom, all in accordance with the provisions of Section 364.15 of said Code of Iowa. Section 17. The CITY shall effectuate all relocations, altera- tions, adjustments, or removals of utility facilities, including power, telephone and telegraph lines, water mains and hydrants, curie boxes, sanitary sewers, and related poles, installations and appurtenances, whether ,privately or publicly owned, and all parking meters, traffic signals and other facilities which are located within the limits of an established street or alley and which will interfere with construction of the project. • Except as otherwise herein provided, the CITY shall take all necessary legal action to discontinu and prohibit any use of the Project right of waY business purposes including, but not limited to, gas PUMPS, storage tanks, theater ticket sales, driveees services, etc- However, awnings, canopies, marquees, advertising signs, and similar instaireement and cwhich e in place prior to the date of this from outside said in facilities are supported entirely project right of way may be permitted to remain he the opinion of the STATE, they do not obstruct the view of any portion of the public highway or stAnytsuUY traffic control devices or snew construction or reconstruction sequent changes in, of, such installations offaciningetosnewlconstructionfully y with STATE requirements pe Section 16. Subject to the provisions of Section 17 hor ereof, the CITY shall prevent any future encroachment and obstruction within the limits of Project right of signs on said right prevent the erection of any private sig Of way and on private property which may overhang the right of way or which obstruct the view of any portion of said highway, street or raiol lroad track, or the vices ina asuch atrffic lgns mann�r astraffic t-orenderrthemedangerousawithinethen on 319.10 of said Code of Iowa. meaning of Secti The CITY shall maintain all books, documents, papers, Section 19. records, reports and other evidence pertain - accounting and make such mater- ing to costs incurred for the project the Gon- ial available at all reasonableimesdur the date of struction period and for three Y fromction the final Federal reimbursement, for insp STATE, FHWA, or any authorized representatives of the Federal Government and copies of said materials shall be furnished if requested. improvement or completedintain the imP proper Section 2shalleprovide CITY hother a 11 aacceptable means for assuring maintenance. prot. parking of any nature within Section 21. The CITY shall pro ect. Any regulation must be approved change in this parking -the limits of the P jecved by the STATE and FHWA. pavement Section 22Any traffic control devices, signing, or . project shall markings installed within the limits of this prJ conform to the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways. Section 23. Implementation of Clean Air Act and Federal water Pollution Control Act (Applicable to Contracts and Sub- contracts which exceed $100,000): a. The CITY stipulates that any facility to be utilized in performance under or to benefit from this agree- ment is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. b. The CITY agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act; and all regulations and guidelines issued thereunder. C. The CITY stipulates as a condition of Federal aid pursuant to this agreement it shall notify the STATE of the receipt of any advice indicating that a facility to be utilized in performance under or to benefit from this agreement is under consideration to be listed on the EPA List of Violating Facilities. Section 24. Since the CITY desires to be reimbursed up to the maximum amount allowable for project inspection expense, the CITY will, in the first instance, bear the entire cost of said project inspection. The STATE will, upon receipt of final required project documents and a final itemized estimate of project inspection costs (in 7 counterparts), make payments in the amount of 90/ of the eligible costs prior to the required Audit by the STATE and Federal Highway Administration; and after such audit shall make final payment in an amount so that the total payment's will equal the amount found to be eligible for Federal Participation by the final audit. The CITY will promptly, upon written request, reimburse the STATE in the amount of any justifiable exceptions taken by the STATE or Federal audit which may exceed the amount witheld. For reimbursement's made to the CITY by the STATE, special reference is made to STATE Accounting Policy and Procedures Manual, Chapter XV, Audits of Contracts with Second Parties, a copy of which is attached and marked Exhibit "A". 2. Compliance with Title Vi of the Civil Rights Act of 1964 - During the performance of the "project- inspection" the CITY, for itself, its assignees and successors in interest, agrees as follows: A. Compliance with Reguations The CITY will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally - assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by re- ference and made a part of this Agreement. B. Nondiscrimination: The CITY, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the grounds of race, color or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The CITY will not participate, either directly or indirectly, in the discrimination prohibited by Section 21.5 of the Regulations, including employment- practices when the Agree- ment covers a program set forth in Appendix "A", "B" and "C" Of the Regulations. C. Solicitations for Sub -Contracts including procuremen Materials and P.rm i nmr n4 . In all solicitations, either by competitive bidding or negotiation made by the CITY for work to be performed under a sub -contract, including procurement of materials or equip- ment, each potential subcontractor or supplier shall be notified by the CITY of the CITY's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color or national origin. D. Information and Reports: - The CITY will provide all information and reports required by the regulations, or orders and instruction issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be de- termined by the STATE or the Federal Highway Administration to be pertinent to ascertain compliance with such regulations, orders and instructions. Miere any information required of the CITY is in the exclusive possession of another who fails, or re- __ fuses to furnish this information, the CITY shall so certify to the STATE, or the FHWA, as appropriate, and shall set forth what efforts it has made to obtain the inforination. E. Sanctions for Dloncompliancc: In the event of the CITY's noncompl.i.ance with the nondis- crimination provisions of this Agreement, the STATE shall impose such sanctions as it or the FIMA may determine to be appropriate, including, but not limited to: (a) Plithholdi.ng of payments to the CITY under the Agreement until the CITY complies, and/or (b) Cancellation, termination or suspension of the Agreement-, in whole or in part. F. Incorporation of Provisions: The CITY will i.nclude the Provisi.ons of Paragraph A through F in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations, orders or instructions i.ssued pursuant thereto. The CITY will take such action with respect to any subcontract or procurement as the STATE or FIJWA may direct as a means of enforcing such provisions, including sanctions for noncom- pliance, provided, however, that in the event the CITY becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the CITY may request the STATE to enter into such litigation to protect the interests of the sTATE and/or CITY and, in addition, the CITY may request the United State to enter into such litigation to protect- the interests of the United States. G. Access to Records: The CITY shall maintain all boors, documents, papers, accounting records and other. evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the con- struction period and for three years from the date of final payment for engineering costs, for inspection by the STATE, F11WA or any authorised represenL-atives of. the Federal Govern- ment and copies thereof shall be furnished if requested. CounteJohnson Project No. 14-4052(829)--81-52 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 76-F-07 1 as of the date shown opposite its signature below. City of Iovra City August 25 1976 BY:Mary tle hawser Title: Ma or I, Abbie Stolfus , certify that I am the Clerk of the CITY, and that _jj ^�""ti'iicPr who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of ed and adopted by the CITY, on the 24th a formal Resolution duly pass 6by the following call of yeas and nays day of August 197_.j recorded hereon. Nays Absent xw%'C x Yeas lnhn RalMa — f'rnl riPPrnctn L. P. Foster Mary Neuhauser_ Max Selzer Robert Vevera Members of the Council /­'�: 17 . U-1 a 11 Signed A " — Iowa ci. _v Clerk of Iow Cit August 25 1 1976 Date Iowa Department of Transportation Highway D ��197_ v r� By: � Date Director -Chief Engineer S AGREEMENTS /CONTRACTS Attached are L unexecuted copies of (6-10 n_;; 7/.-7 -I - as signed by the Mayor. After their execution by the second party, please route 1)(Z..n.0.T. - 1 Z) 1 �QQjUJ6 — �; I FC I i try 3) kC1Fd� - �.� .4_._.c, 4) GeLc Dietz- 5) iertz 5) ^" r is to be responsible for d completion of this procedure. r/ . RESOLUTION N0. 76-296 . RESOLUTION APPROVINGTHE FINAL PLAT OF MP, PROSPECT ADDITION, PART 3 WHEREAS, the owner and proprietor, Frantz Construction Co., Inc., has filed with the City Clerk plat and subdivision of the following'-described premises located in Johnson County, Iowa, to-wit: (SEE EXHIBIT "A" ATTACHED HERETO.) - _ WHEREAS, said property isownedby .the above named owner and the '. dedication has been made with the free consent and in accordance with the desire of the proprietor. WHEREAS, said plat and subdivision is found to conform with Chapter and all other statutory requirements. 304 of the 1975 Code of Iowa` WHEREAS, said plat and subdivisionwas examined by the Planning, 6 Zoning Commission and recommendedthatsaid plat and subdivision-known-as Mount Prospect Addition-Part III-, be accepted and approved. NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said plat and subdivision located on the above-described property be and the same is hereby approved, and the dedication of the streets and parks as by law provided is hereby accepted. BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify copy of this Resolution to the - County Recorder of Johnson County, Iowa. it ora:; Inoved by del'rosse and seconded by Foster that the Tte Olu Li011 be ;Id O}7tcc" dllCl 1 PoP os."C C.11lt er' yeUhauscr. AyCS: Selzer, Vevera, Balmerr, d(r� Y.O _i:3lL, CI �. tC.rr - Nays: None. Absent: ferret. l37 (r I - - _ Commencing as n point of reference at the Northeast corner of the Northwest quarter of Section 23,.Township 79 North, Range 6West .of: the Fifth Principal 'Meridian, Iowa City, Johnson County, Iowa; ` thence South 1° 39' 10" East 375.40 feet to a point of intersection with centerline Station 222+12.6 of U.S. Highway 116 Bypass .(this is an assumed bearing Fu gor purposes oses of -this description iption only): thence South 0° 01' 03" East -1.50.00`feet to apoint; thence 89- .27' 44" East 50.00 feettoa point of intersection with the Easterly right-of-way line of Sycamore Street, said point being 150.00 feet normally distant from.the centerline of said U.S. Highway #6 Bypass;_ thence South 0° Ol' 03" East 403.07 feetalongsaid Easterly_right- of.-way_.l.ine of Sycamore Street to a'po:int; thence -South 89'--58'1.57" West 1.5.00 feet along said Easterly right-of-way line of Sycamore- - Street to a point; thence South 0 O1^ 03" East 246.93 feet along said Easterly right-of-way li.neof-Sycamore --Street - toa point; thence North 89° 58' 57" East 200.00 feet- to a point; thence South 00 O1' 03" East 200.00 feet to point of beginning of tract herein - described; thence South 89° 58'-57" West 200.00 feet to a point of intersection with said Easterly right -of -way -line of Sycamore Street; thence South 0* 01' 03" East 395.14 feet along said Easterly right-of-way line of Sycamore Street. to a point of intersection:.. with the Northerly line of Mount Prospect Addition Part II, Iowa City, Iowa; thence North 88° 57' 05" East 26.08 feet along said Northerly line of Mount Prospect Addition Part II to a point; thence Northeasterly 65.80 feet along a-580 foot radiuscurve - concave Northerly, said line being said Northerly line of Mount Prospect Addition Part II to a point; thence North 82' 27' 05" East__ 305.41 feet along -said Northerly line of Mount Prospect Addition Part II to a point; thence Northeasterly 162.07 feet along a 1,420 foot radius curve concave Southeasterly, said line being said Northerly ..line ofMount Prospect.AdditionPart -II toa.point;. thence North 88° 59' 27" East 722.93 feet along said Northerly line of Mount Prospect Addition Part II to a point of intersection with the Westerly line of Fair Meadows Additions,sIowa City, Iowa. thence North 0° oil 08" East 982.43 feet along said Westerly lin of Fair Meadows Additions to a point of intersection.with the e Southerly right-of-way ,line of said U.S. Highway h6 Bypass; then Northwesterly 40.00 feet along a 2,715 foot- radius curve concave Southwesterly, said line being said Southerly right-of-way line of U.S. Highway #6 Bypass_.to -a point; thence South '24`-2$ 144.48 feet to a along West _ Point, Northwesterly 58.89 feet along. -a 458 - foot 'radius curve concaveSouthwesterly ton point;, thence South 19° 49' 43" West 66.00 feet to a point; thence Southeasterly.21.88 Feet along a 3.5 foot radius curve concave Southwesterly to a point; STAFF REPORT Plnnning 1; ZoningCommission August, 2, 1976 SUBJECT: S-7620. Finalplatof Mount Prospect Addition, Part 3, located south:of Iiighway.6 Bypass and cast of Sycamore Street; date filed-.. 7/23/76; 45=day, limitation: 9/6/76. STAFF The subject 12.9 acre subdivision • ANALYSIS: submitted by Frantz Construction •" Company consists:of 52 lots. A reduction in_the gross acreage;by 20 percent for street area would reveal an average lot size of approximately- 8,700 square feet. The Planning Division reviewed the subject plat and found it to be in` general compliance with the preliminary plat approved. Discrepancies with Chapter 9:50 of the Municipal Code were noted and the following minor changes should be"made. - 1. The lot markers should be 24 inches in length. 2. The width of 11ollywood Boulevard should be consistent at`intersections.` 3. The -street name Flatiron Drive should be corrected to read Flatiron Avenue. 4. The plat should include the appropriate signatures required for approval STAFF Since the Engineering Division has RECOWdENDATION: not completed their review of the -plat, it is the staff.'s recommendation". that consideration of the plat be deferred pending review -and "their modification of the above discrepancies. - C- :C. C -C:. .il'.. 1 •- r .'Gilo 0J.n 113 15,�_ v QJIG • i cl - 190.co N 50.0o* U•FJ _'"•J, I-. 1¢••JO• 1�' - So8'_59.2Tw. 120.00 OI t 0 N 0 0 co - -- 0 0 01 200 .�0'..� p - . .. WI al 0 0 c OI CJT7 .- oI� RESER VO1R D I0 N lyEGINUING t0 J, _ - (\\130 0o J 8,1. ,SS• ZO•yJ n •/ {' ?a • 9 JU nO:WJ ` 2GU•po' 2GD.Oo' - __I -- t• r '� -. of -. •. 12.E ._.. AcrzEs-. • fI t �i Z7•p 5"E I 0..� IJ 82. 'L G.08• a.. V, -�i •• i - r•f �•„ f'L_:� i /'\t-•i 'i i i\..'�i�`.i Z.I. 800` _ NUMBERe' - Li�L : GRAPHIC SCALE c I ri'660' -. Sj 7620 ' Form 562 11-7:: z� Applicant.: Wilbert Frantz 325 3rd Street (Address) - Iowa State Highway Commission Ames, Iowa Gentlemen•: 6A STATE HZGHWAy COMMISSION Application for use of Highway Right of Way for Gunty Utilities Accommodation Permit No. Frantz Construction Company (Name of Owner) Iowa City (City) IOWA Johnson 52240 (Zip Approval Is herebyre nested for the use of Primary U.S, y6 Bypass - q T 79N Y Highway ��_ In Sec. 2 —`' ft 6w Johnson (Number) y y y County (Direction)� [Tp{p i n Iowa a, at Highway Station 9 2211+57 (Place, Town, Etc.) line for the tra () Ne.�_;`2�i+63 namisslon a S ff`� for the accommodation The installatfan shall consist of Water Ib_e _insr,t and will be located as AGREE` v, shown on the detailed Dial attached hereto. TS. The utility company, corporation, agrees that the following stipulations shall govern applicant, permittee, or licensee under this . (hereitlafter referred to as the Permittee) Permit _ 1. The location, construction and maintenance of the utility low,' State Highway Commission Utility Installation covered by this application shall y Accommodation Policy. be to accordance with the 2. The installation shall meet the reguIrements o[ local municipal, const current tions and directives of the Iowa State Commerce Commission, Utilities Division, the Iowa federal Stal Department a Health, a tions of the [owe Y, state, and federal laws, franchise rules, and re state Highway Commission, and any other laws or r.g Ballerinas, regula_ a. The ulatious applicable. U rules and regula- Py const shin be hilly responsible for any future adjustments of its facilities within the established highway by highway construction or maintenance n operatlons. 4• The Iowa State right of way Caused work, on other State High or newly shall give the Permittee at least 48 the Permittee mx y acquired right•OfVa hours written notice of as May Strange to protect its facilities. y' that is likely to conflict with the installation below posed construction or ging to the Permittee, to orrder that ce 5. The State of Iowa and the Iowa State Highway Commission assume no r� any construction or maintenance operations on said highway, _sponslhL'tty for damages to the Permlttee'a property occasioned by 6. The Permittee shall take all reasonablePrecaution the lives and property of the travelin ada during the yo wners.ton and maintenance of said installation to g public and adjacent property owners. 7• The Permittee Protect and safeguard agrees to glue the State Highway Commission forty hours' entice Of its Intention to start construction oa the hl right-of-way. Sold notice shall be made in writing to the Engineer whose name is shown below. S• The Permittee agrees to at all times give the Iowa State Highway highway within the right-o[.tvay. Said notice shall be to the Engineer whose oaa�s shoo t(mel y notice of Intention to perform routine maintenance S. The Pe: , wu below. nittee, and Iia contractors, shall ca Of the public. Traffic protection shall be al accordance with Part construction of the current Iowa State Hi fry on the With PartVIor repair en the accommodated utiLty with serious regard to the safe Traffic Controls. Ing 11 Commission Manual on UN(o[tn � Highway Commission personnel may supervise flagging operations wb• meat of signs and removal on completion of the work shall be accomplished b t re considered necessary by the Engineer. The original place- r he (Permittee) (Highway Commission). (cross out one) 1 '�'2 f, . • 1 JJJJ RESOLUTION NO. 76-297 RESOLUTION AUTHORIZING E.CECUTION OF CONTRACT 191ERL1S, the City of Iowa City, Iowa, has negotiated a contract with Max Yocum, a copy of said contract being attached to this Resolution and by this reference made a part hereof, and 1%1IERLJIS, the City Council deems it in the public interest to enter into said contract. \014 THEREFORE BE IT RESOLVED B7f TEIE CITY COUNCIL. 1. That the Diayor and City Clerk are hereby authorized and directed to execute the Agreement with Max Yocum. 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by deProsse and seconded by Foster that the Resolution be adopted, and upon roll call there were: AYES: MAYS: ABSE\r: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 24th day of August , 19 76 Mayor d 0 A ATTEST: G u_ ; City Werk L ►373 J . L AGREEMENT TO SELL 0 This Agreement to Sell is made this 24th day of August 1976, by and between the City of Iowa City, IowaTeinafter called SE , Max Yocum , hereinafter called BUYER. ItWRFAS, the City of Iowa City, Iowa, is authorized and empowered by State Law to enter into agreements for the disposal of property owned by the City of Iowa City, Iowa, and WIIEREAS, Resolution No. 75-348 authorized an auction for certain property in the Urban Renewal Project rea, an INIEREAS, Max Yocum of 80 u u ue Iowa Cit Johnson County tate o owa, su mitt a i o eig un re dollars ($800.00 ) for the following descri e -property: roperty: house located at 122 E. Court Street Iowa City, Iowa NOW, THEREFORE, the BUYER and SELLOR hereby mutually covenant and agree to the following terms, covenants and conditions. TERMS, COVENANTS AND CONDITIONS 1. The SELLOR is the owner of the following described property and has the right to sell and convey the same; to -wit: house located at 122 E. Court Street Iowa City, Iowa 2. That the BUYER agrees to pay SELLOR the stun of eight hundred dollars ($800.00 ) as the purchase price for the property described in Paragraph 1 above. 3. That upon tender of the agreed amount of money for the property described in Paragraph 1 above, the SELLAR has agreed to convey the same to the BUYER. 4. That the BUYER agrees to remove said property from its present location to a location approved by the Building Inspector of the City of Iowa City, City Engineer of the City of Iowa City and the local Zoning Administrator within sixty (60) days of the date of this agreement. 5. That the SELLAR shall supply to the BUYER a list of deficiencies concern- ing certain improvements to be made by BUYER which shall be remedied by BUYER within six (6) months of the date of this agreement. 6. That BUYER shall secure a license prior to moving said property pursuant to Ordinance No. 2469 (Chapter 5.20 of the Municipal Code of the City of Iowa City) and shall move said property according to the sections and provisions of said Ordinance. This agreement is specifically subject to BUYER obtaining a moving permit and complying with the provisions stated in Ordinance No. 2469 attached herein and by this reference made a part of this agreement. 7. BUYER shall, prior to moving said property, remove all rubbish and trash within said property and shall haul the trash and rubbish to the municipal sanitary landfill. -2- 4. in addition to the above stated consideration, BUYER shall deposit with the Building Inspector of the City of Iowa City, Iowa, a performance bond of ss,000.on per stricture to be moved. 9. That upon a showing by L'u1VEI2 to the SELLOR that the terms, covenants and conditions stated herein are complied with and upon SELLOR's approval of BUYER's performance, SELLAR shall refund to BUYER, BMWs performance bond, after deduct- ing a sum sufficient to pay for any and all costs, damages and expenses incurred by the SELLAR by reason of removal of said property. 10. Failure of performance by BUYER of any of the terms, covenants and condi- tions of this agreement shall constitute a breach of contract and SELLOR, in addition to any and all other legal and equitable remedies which it may have, at its option, may proceed to cancel this contract and forfeit BUYER Is performance bond together with all monies paid to SELLOR as compensation for the use of said property, and/or as liquidated damages for breach of contract. 11. BUYER shall secure from the local housing authority a Certificate of Occupancy prior to occupying or holding out said property for occupancy. 12. This agreement shall be binding upon the heirs,_executors, administrators, assigns, and successors of the parties hereto, and no provisions, terms, or obliga- tions herein contained shall be affected, modified, altered or changed in any respect whatsoever without an express written agreement between the parties involved to do so. Further, any and all heirs, executors, administrators, assigns, and successors shall be bound by the terms and conditions of this agreement and accept the responsibility for full performance of these conditions. Dated this day of aj �e1976. ATTEST: Z/ • RESOLUTION No. 76-298 w RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A MANAGEMENT CONTRACT WHEREIN THE CITY OF IOWA CITY, IOWA, SHALL MANAGE THE AUTUMN PARK APARTMENTS. WHEREAS, the City Council of the City of Iowa City, Iowa, is desirous of providing management for the Autumn Park Apartments, and WHEREAS, Mid States Development, Inc., is a corporation which as part of its business is constructing a 64 unit apartment complex, known as Autumn Park Apartments, is desirous of contracting for the management of its apartments. WHEREAS, a Management Contract has been drafted concerning the rights and obligations of the parties involved and is attached to this Resolution and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be directed to sign and the City Clerk to certify the attached Management Contract. ' It was moved by deProsse and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster X Neuhauser x Perret X Selzer x Vevera Passed and approved this 74th day of August 1976. �,'� � •r � Mayor ATTEST: /n_!c� % City Clerk 1 f7` -f `WNAGEMENT AGREEMENT ... his "vireement is made thiszo bctcrcen "IDSTATES DEViTE6 day o anri _DwA CITY wine?., IFNT. iVr' i 2 3 F (the f O::ner" ) Agent"). nOintment and Acceotance. Agent as exclusive agent for the Owner appoi is the described in Section 2 management o: the property accepts the appointment,of this Agreement, and the Agent set forth thiAgreesubject to the terms and conditions in this Agreement. Descri tion of PrO'ect No.IA-05-0003-010. The property agreement to be managed by the Agent under this agreement is a housing development consistin buildings, and other improvements which makegup the lana, Jo. IA -05-0003-010. The Project is further described Projec� C scribed as Name: Autumn Park. A artments Location: City: Iowa City State:Iowa` County: Joon Ido. of dwelling units: 64 one bdr. units Definitions. As used in this Agreement: a. "HUD" means the United States Department of housing and Urban Development. b. "Secretary" means the Secretary of the United States Department of Housing and Urban Development. C. A "Montage" is an instrument of agreement between the Owner, as mortgagor, and the mortgagee, creating a lien onhmor the Project as security for the payment of debt of Housing and Urban Development. mortgage is insured by the United States Department d• "Mortgagee" means any holder of the Mortoage- e• "Principal Parties",means the Owner and the Agent. f• "Consenting Parties" means the Secretary and the ,I_ortgagee. Hcus:rR E C F &uer�;rUEVEI�InErvr •k� fipJSlNG NOV 2 1976 D\SU IN ES, IOWA ( - RING OFFICE' Il;it; Rrc�uirements. Thr, project i, subject to a mortgage c•;h cl: wi l l be or is insured by 1101) unrior Srction 221 D4 t he 'rational 11ousinq Act' and the Owner -� has en,.cred or will accordingly enter into a Regulatory Agreement with the Secretary, whereby the Owner is obligated to provide for management of the project in a manner satisfactory .to the Secretary. In addition, the Owner has entered or will enter into a Housing Assistance Payments Contract with the Secretary. The Owner has furnished or will C urnish the Agent with copies of. the Regulatory Agreement and the Housing Assistance Payments Contract. In performing its duties under this Management Agreement, the Agent will comply with all pertinent requirements of the Regulatory Agreement, the Housing Assistance Payments Contract, and the directives of the Secretary. In the event any instruction from the Owner is in contravention of such requirements, the latter will prevail. 5. management Plan (Form HUD -9405). Attached hereto as Exhibit A' and hereby incorporated herein, is a copy of the Management Plan for the Project, which provides a compre- hensive and detailed description of the policies and procedures to be followed in the management of the Project. In many of its provisions, this Agreement briefly defines the nature of the Agent's obligations, with the intention that reference be made to the Management Plan for more detailed policies and procedures. Accordingly, the Owner and the Agent will comply with all applicable provisions of the Management Plan, regardless of whether specific reference is made thereto in any particular provision of this Agreement. i 6. 6fanagement Input During HUD Processing. The Agent will advise and assist the Owner with respect to management input during the remaining stages of HUD mortgage insurance processing. The Agent's specific tasks will be as follows: a. Preparation and submission to the Owner of a recommended operating budget for initial operating year of the Project; b. Participation in the pre -occupancy conference with HUD officials; C. Preparation and submission to the Owner (for Owner's signature and submission to HUD) the Initial Estimate of Required Annual Contributions (HUD Form No. 52671), Estimate of Required Annual Contributions (Hud Form No. 52672), Estimate of Total Required Annual Contributions (HUD.'crm No. 526'3 and Requisition for Parti ?� • 4 al. <-Vim•^nt of Annual Contributions HUD Form No. 52663). Occupancy recto n_s will. be-apared for the owners signature and su1:.^.:1s5i0n to as may be required by HUD. Participation in the on-site inspection, of the Project, ::ecilired by HUD approximately ninety (90) days subsequent to initial occupancy; and Co ntinuinq review of the Management. Plan, for the purpose cf keeoincq the Owner advised of necessary or desirable charges. ,. Basic Information. As soon as possible, the Owner will urnish the Agent with a complete set of plans and specifications approved by the Secretary and conies of all guaranties and warranties pertinent to construction, fixtures, and equipment. with the aid of this information and through inspection by competent personnel, the Agent will throughly `amiliarize itself with the character, location, construction, layout, plan and operation of the Project, and especially the electrical, heating, plumbing, air-conditioning and ventilating systems, the elevators, and all other mechanical equipment. S. Liaison with Architect and General Contractor. Durirq the planning and construction phases, the Agent :o ill maintain direct liaison with the architect and general contractor, in order to coordinate management concerns with the design and construction of the Project, and to facilitate completion of any corrective work and the Agent's responsibilities for arranging facilities and services pursuant to Section 14 of this Agreement. The Agent will keep the owner advised of all significant matters in this connection. 9. Marketing. The Agent will carry out the marketing activities prescribed in the Management Plan, observing all requirements of the Affirmative Marketing Plan. Subject to the Owner's prior approval, advertising expenses will be paid out of the Rental Agency Account as Project expenses. 10. Rentals. The Agent will offer for rent and will rent the dwelling units, parking spaces, commercial space and other rental facilities and concessions in the Project. Incident thereto, the following provisions will apply: a. The Agent will make preparation for initial rent -up, as described in the Management Plan. b. The Agent will follow the tenant selection policy described In the :tanagement Plan, and will ensure that at lease 302 Of the CCCl3 %a::`S are "very low" income families. -4 - Tae Accent will show the premises to prospective tenants. The ALIent will lake and process applications for rentals. an application is rejected, the a-pplicant will be told the reason for rejection.. The rejected application, Ath reason for rejection noted thereon, will be kept on file for one (1) year. A current list of prospective tenants will be maintained. e. The Agent will prepare all dwelling leases and parking permits and will execute the same in the project's name, as agent for the Owner. The terms of all leases will comply with the pertinent provisions of the Regulatory Agreement, the Housing Assistance Payments Contract, and the directives of the Secretary. Dwelling leases will be in a form approved by the Owner and the Secretary, but individual dwelling leases and parking permits need not be submitted for the approval of the Owner or the Secretary. f. The Owner will furnish the Agent with appropriate rent schedules, as from time to time approved by the Secretary, showing fair market rents and contract rents for dwelling units, and other charges for facilities and services. In no event will such fair market rents and other charges be exceeded. Eligibility for dwelling rents that are less than such fair market rents, and the amount of such lesser rents, will be determined in accordance with the Regulatory Agreement, the Housing Assistance Payments Contract, and the directives of the Secretary. g. The Agent will counsel all prospective tenants regarding eligibility for dwelling rents that are less than fair market rents, and will prepare and verify eligibility certifications and recertifications in accordance with the Regulatory Agreement, the Housing Assistance Payments Contract, and the directives of the Secretary. h. The Agent will negotiate commercial leases and concession agreements, and will execute the same in the project's name as agent for the Owner, subject to the Owner's prior approval of all terms and conditions. Commercial. rents will not be less than the minimums from time to time approved by the Secretary. i. The Agent will collect, deposit, and disburse security deposits, if required, in accordance with the terms of each tenant's lease. The amount of each security deposit will be as specified in the :management Plan. Security deposits will be deposited by the Agent in an interest- bearing account, separate from all other accounts and funds, .,:th l bank or other financial institution whose -5- • 0 doposits are insured by an agenc, or the United States "'overnmen.t. This account will be carried in the project's name and designated as "Autumn Park apartments Security Deposit Account". -. ::-)'_lection of Rents and Other Receipts. The Agent will :ollect when due all rents, charges and other amounts receivable on the Owner's account in connection with tha management and operation of the Project. Such receipts lercept for tenants' security deposits, which will be handled as specified in Subsection 10i above) will be deposited in an account, separate from all other accounts and funds, with a bank whose deposits are insured by the Federal Deposit Insurance Corporation. This account will be carried in the Project's name and designated 'Autumn Park Apartments Rental Agency Account." 12. Enforcement Of Leases. The Agent will. secure full comoliance by each tenant with the terms of his lease. Voluntary compliance will be emphasized. The Agent will counsel tenants and make referrals to community agencies in cases of financial hardship or under other circumstances deemed appropriate by the Agent, to the end that involuntary termination.of tenancies may be avoided to the maximum extent consistent with sound management of the Project. Never- theless, and subject to the pertinent procedures prescribed in the Management Plan, the Agent may lawfully terminate any tenancy when, in the Agent's judgment, sufficient cause (including but not limited to nonpayment of rent) For termination occurs under the terms of the tenant's lease. For this purpose, the Agent is authorized to consult with legal counsel to be designated by the Owner, to bring actions for eviction to execute notices to vacate and judicial pleadings incident to such actions; provided, however, the Agent keeps the Owner informed of such actidns and follows such instructions as the Owner may prescribe for the conduct of any such action. Subject to the Owner's approval. attorney fees and other necessary costs incurred in connection with such actions will be paid out of the Rental Agency Account as Project expenses. 13. Maintenance and Repair. The Agent will maintain the Project in good repair in accordance with the ,Management Plan and local codes, and in a condition at all times acceptable to the Owner and the Secretary, including but not limited to cleaning, painting, decorating, plumbing, carpentry, grounds care, and such other maintenance and repair work as may be necessary, subject to any limitations imposed by the owner in addition to those contained herein. -6- 0 _ncident thereto, the following provisions will apply: . Special attention will be given to preventive maintenance and, to the greatest extent feasible, the services of regular maintenance employees will be used. b. Subject to the Owner's prior approval, the Agent will contract with qualified independent contractors for the maintenance and repair, or performance of: 1. Elevators. 2. Heating and air conditioning units. 3. Cooking ranges, range hoods, refrigerators and disposals. 4. Plumbing and electrical repair. 5. insect and rodent control. 6. Yard work and snow removal. 7. Garbage and trash disposal. C. The Agent will arrange for systematic and prompt receipt of service requests from tenants, take such action thereon as may be justified, and will kaep records of the same. Emergency requests will be received and serviced on a twenty-four (24) hour basis. Compliants of a serious nature will be reported to the Owner after investigation. d. The Agent is authorized to purchase all materials, equipment, tools, appliances, supplies and services necessary for proper maintenance and repair. e. Notwithstanding any of the foregoing provisions, the prior approval of the Owner will be required for any expenditure which exceeds five hundred dollars ($500.) in any one instance for labor, materials, oi otherwise in connection with the maintenance and repair of the Project, except for recurring expenses within the limits of the operating budget or emergency repairs involving manifest danger to persons or property, or required to avoid suspension of any necessary service to the Project. In the latter event, the Agent will inform the owner of the facts as promptly as pbssible. 14. Utilities and Services. In accordance with the Management - Plan and the operating budget, the Agent will make arrange- ments for water, electricity, gas, trash disposal, vermin extermination, decorating and laundry facilities and television antenna Capability. Subject to the Owner's prior approval, the Agent will make such contracts as may be necessary to secure such utilities and services. 1. 0 _-.o_ estio• The Plana � ge.;e,.t z lar; prescribes the number, u�=_icar.s 'Inc! duties of the personnel to re':u+_ar_Y employed in the management of be -nclu:iing a Resic?ent + f the Project, the ..or each buildin , �'-ntenance, bookkeepin g piovees. nll such in�, clerical, and other managerial =ie Project and not ?a supervisedthe Agentssite perobut� ;ailllbeehiredo ees --,, and discharged through the Agent, subject to the following conditions: As more particularly described in the .Management Plan, the Resident Managers will have duties of the t'_ -pe usually associated with his position, and will be responsible for coordinating the social and recreational programs for their building. Each will be directly responsible to the Agent and neither will have authority to supervise or discharge the other. Neverth-cicss, the Resident Managers will coordinate their activities in the interest of good overall management. b• Compensation (including fringe benefits) to the Project staff, payable Federal taxes and asseplus all local, state, and ssments incidents to the employment of such personnel will be borne soley by the Project, and will not be paid ol,r of the fee. The rental value of any dwelling unit furnished rent-free to the Resident Manager will be treated as a cost to the Project. C. The Agent will establish and follow an employment Policy that affords residents of the Project maximum Opportunities for employment in the management and and, to withation of the that consideration, employmentcOpportt consistent lower-income persons in the area. whiter ersonneies to be employed primarily on the basis of ability, the will Agent will make a conscientious effort toprovide the special assistance and training for Projecresdents and members of minority groups who are not initially qualified. 16. Disbursements From Rental Agency Account. C From the funds collected and deposited by the Agent in to ::ental Agency Account pursuant to Section 11 above, the Agent or other parties authorized by owner will are the m follo:�ring disbursements promptly when payable: 0 E (1) Compensation payable to the employees specified in Subsection .15c above, and for the taxes and assessments payable to local, state, and Federal governments in connection with the employment of such personnel. (2) The single aggregate payment reauired to be made monthl by the Owner to the Mortgagee including the amounts due under the mortgage for principal amortization, interest, mortgage insurance premium, ground rents, taxes and assessments, fire and other hazards insurance premiums and the amount specified in the Certificate of Incorporation or Regulatory Agree- ment for allocation to the Reserve for Replacements. (3) All sums otherwise due and payable by the Owner as expenses of the Project authorized to be incurred by the Agent under the terms of this Agreement, including compensation payable to the Agent, pursuant to Section 27 below, for its service hereunder. b. Exceot for the disbursements mentioned in Subsection 16a above, funds will be disbursed or transferred from the Rental Agency Account only as the Owner may from time to time direct in writing. C. In the event the balance in the Rental Agency Account is at time insufficient to pay disbursements due and payable under Subsection 16a above, the Agent will inform the Owner of that fact and the Owner will then remit to the Agent sufficient funds to cover the deficiency. In no event will the Agent be required to use its own funds to pay such disbursements. 17. Budgets. Annual operating budgets for the Project will be as approved by the Owner. Except as permitted under Sub- section 13e above, annual disbursements for each type of operating expenses itemized in the budget will not exceed the amount authorized by the approved budget. In addition to preparation and submission of a recommended operating budget for the initial fiscal year (as provided in Subsection 6a above), the Agent will prepare a recommended operating budget for each subsequent fiscal year beginning during the term of this Agreement,'and will submit the same to the Owner at least sixty (60) days before the beginning of the fiscal year. The Owner will promptly inform the Agent of any changes incorporated in the approved budget, and the Agent will keep the Owner informed of any anticipated deviation from the receipts or disbursements stated in the approved budget. -9- 71 0 ^cords and Robo rts. In addition to an, recuirements snec%ied in the Management Plan or in other provisions the Agent will have the followinc res, ossibilities with respect to records and reports: �• -he Agent in coordination with the Ownerwillve system of establish and maintain a comprehensi records, books, and accounts in a manner confor;ning to the directives of the Secretary, and satisfactory to the Consenting Parties. All records, books, and hours b accounts will be subject to examination at reasonable y any authorized representative of the Owner or either of the Consenting Parties. b• with respect to each fiscal year ending during the term of this agreement, the Agent will have an annual financial report prepared by a Certified Public Accountant or other person acceptable to the Owner and Secretary, based upon the Preparer's examination Of the books and records of the Owner and the Agent. The report will be prepared in accordance with the directives of the Secretary, will be certified by the ownerPrepai and the Agent, and will be submitted to the Owner within year, for (60) days after the end the Owner's of the fiscal mission further certification and sub - to the Secretary and the Mortgaco_e. Compensation for the preparer's services will be paid out of e Rental Agency Account as an expense of the Projectthth c- The Agent will prepare a quarterly report comparing actual and budgeted figures for receipts and disburse- ments, and will submit each such report to the Owner within fifteen (15) days after the end of the quarter covered. d• The Agent will furnish such information (ii di occupancy reports) as may be requested by the Ow ng the Secretary from time to time with respect toner the or financial, physical, or operational condition of. the Project. e• The Agent will prepare, 52663, Requisition for Contributions and will Area or Insuring Office and Urban Development. Rental, Agency Account. on a quarterly basis, Form No. Partial Payment of Annual submit the same to the appropriate Of the Department of Housing Payments will be deposited to the y the fifteenth (15th) day of each month the furnish the Cwner with ar. hemi. zed list of all Sent will acc•» nts, inCluding rental accounts, as of delinque;;•. :ty of the same month the tenth(l0th) • _10 - By the tenth (10th) day of each month, the Agcnt will Lurnish the Owner with a statement of receipts and Disbursements during the previous month, and with a schedule of accounts receivable and payable, and re- conciled bank statements for the Rental Agency Account and Deposit Account as of the end of the previous month. T_f, after the Project reachessustaining (95%) occupancy, the rental collections plus HUD subsidy fall below operating expenses.for a sustained period of sixty (60) days, the Agent will immediately send written notifica- tion of the same to the appropriate HUD Area/Insuring Office. �• Except as otherwise provided in this Agreement, all off-site bookkeeping, clerical, and other management overhead expenses (including but not limited to costs of office supplies and equipment, data processing services, postage transportation for managerial personnel, and telephone services) will be borne by the Agent out of his own funds and will not be treated as Project expenses. 19. Fidelity Bond. The Agent will furnish, at its own expense, a fidelity bond in the principal sum of forty thousand Dollars ($40,000), which is at least equal to the gross potential income for two months and is conditioned to protect the Owner and the Consenting Partie^ against misappropriation of Project funds by the Agent and its employees. The owner shall provide a bond of a like kind to cover the on-site personnel expressed in Section 15 and it shall be paid for from project income. The other terms and conditions of the bond, and the surety thereon, will be subject to the approval of the Owner and the Copsenting Parties. 20. Bids, Discounts, Rebates, etc. The Agent will obtain contracts, materials, supplies, utilities, and services on the most advantageous terms to the Project, and is authorized to solicit bids, either formal or informal, for items that can be obtained from more than one source. The Agent will secure and credit to the Owner all discounts, rebates or commissions obtainable with respect to purchases, service contracts, and all other transactions on the Owner's behalf. 21. Social Services Program. The Agent will be responsible to the Owner for carrying out the social services program described in the Management Plan. `�" 'dant-:lana,jemCnt Relations. The Ayent •ill ass.ist residents of the encourage and =eProject in forming and maintaining ipresentative organizations to promote their common nterests, and will maintain good -faith communication with Poch organizations to the end that problems affecting the Project- and its residents may be avoided or solved on the basis of mutual self-interest. 23• On -Site M6ana ement Facilities. Subject to the further Owner and Agent as to more specific terms, the Agent will maintain a management office within the Project and the Resident Manager. will reside in one of the agreement of th�_dwelling units in the Project, and the Owner will make no rental charge for the office space. 24. Insurance. The Owner will inform the Agent of insurance to with respect to the Project and its operations, be carried and the Agent will cause such insurance to be placed znd kept in effect at all times. The Agentwill pay premiu=s Out of the Rental Agency Account, and premiums will be treated as operating expenses. All insurance will be placed with such companies, on such conditions, in such amounts, and with such beneficial interests appearing t^errcc as shall be acceptable to the Owner and Consenting Parties, and shall be otherwise in conformity with the mortgage; provided that the same will incl coverage, with the Agent designated uaz public Nabi;, as one of. the . e well as the Ownere4 furnish , in amounts acceptable to the Agent as and the Consenting PartiesThAgent will investigate s^,! the Owner with full reports as to all accidents, claims, and potential claims for damage relating to the Project, and will cooperate with the Owner's insurance in connection therewith. 25. Compliance with Governmental Orders. The Agent will take such actions as may be necessary to com 1• prompt, any and all governmental orders or other requirementsrth affecting the Project, whether .or by Federal, state. county or municipal authority, subject, however, to tlir limitation stated in Subsection l3e with respect to repairs. Nevertheless, the Agent shall take no such action as the Owner is contesting, or has affirmed its intention t; contest, any such order or requirement. The Agent will notify the Owner in writing of all notices of such ordrr< or other requirements, within seventy-two (72) hours fl'0- the time of their receipt. 25. !iscrimination. �n the performance of its obligations under this Agreement, the Agent wi.].1 comply with the arovisions of an.;F,feral, state or local law Prohibit i n -a 0 -12- 0 discrimination in housinq on the grounhs of race, color, sex, creed or national origin including Title VI of the Civil rights Act of 1964 (Public Law 89-352, 78 Stat. 241), all reauirements imposed by or pursuant to the Regulations of the Secretary (24 CFR, Subtitle A, Part 1) issued pursuant to that Title; regulations issued pi:rsuant to Executive order 11063, and Title VIII of the 1968 Civil Rights Act. 27. Agent's Compensation. The Agent will be compensated for its services under this Agreement by monthly fees, to be paid out of the Rental Agency Account and treated as Project expenses. Such fees will be payable on the fifteenth day of each month for the months February, 1977 through January, 1979. a. Each such monthly fee will be in an amount equal to five percent (58) of gross collections received during the preceding month. Gross collections include tenant paid rent and Housing Assistance Payments made on their behalf and income from other sources such as coin-operated laundry equipment. b. The monthly fee stipulated in paragraph 27a above will be paid starting ninety days prior to the date of initial occupancy on the basis of one hundred pcent (1003) occupancy. After initial occupancy the fee will be based on units occupied on the last day of the previous month. 28. Term of Agreement. This Agreement shall be in effect for a period of two years, beginning on the first day of ^lord=,i�pri 1977, and ending on the thirty-first day of saaaaa-ry, 1979, subject, however, to the following conditions: Morch ��p. a. This Agreement will not be binding upon the Principal Parties until endorsed by the Consenting Parties. b. This Agreement may be terminated by the mutual consent of the Principal Parties as of the end of any calendar month, provided at least ninety (90) days advance written notice thereof is given to the Consenting Parties. d. In the event a petition in bankruptcy is filed by or against either of the Principal Parties, or in the event either makes an assignment for the benefit of creditors or takes advantage of any insolvency act, the other party may terminate this Agreement without notice to the other, provided prompt written notice of such terminaticn is given to each of the Consenting Parties. -13- (t Js expressly underst.00rl and agreed by �nrl between the ;'rincipal Parties that the Secretary or the ?Mortgagee shall have the right to terminate this Agreement at the cnd of any calendar month, with or without cause, t ninety (90) on days advance written notice to each of the Principal Parties, except that in the event of a default by the Owner under its Articles of Incorporation under the obligation of the Mortgagee, the Secretary or the Mortgagee may terminate this Agreement immediately upon the issuance of a notice of cancellation to each of the Principal Parties. It is furt!:-_r understood and agreed that no liability will attach to either of the Principal Parties in the event of such termination. c. upon termination, the Agent will submit to the Owner any financial statements required by the Secretary and, after the Principal Parties have accounted to each other with respect to all matters outstanding as of the date of termination, the Owner will furnish the Agent security in form and principal amount satisfactory to the Agent, against any obligations or liabilities the Agent may properly have incurred on behalf of the Owner hereunder. 29. Interpretative Provisions. a. At all times, this Agreement will be suhlject and sub- ordinate to all rights of the Secretary, an9 will inure to the benefit of the constitute a bind;_ng obligation upon the Principal Parties and their respective successors and assigns. To the extent that this Agreement confers rights upon the Consenting Parties, it will be deemed to inure to their benefit, but without liability to either, in the same manner and with the same effect as though the Consenting Parties were primary parties to the Agreement. b. This Agreement constitutes the entire agreement between the Owner and the Agent with respect to the management and operation of the Project, and no change will be valid, unless made by supplemental written agreement, executed and approved by the Consenting Parties as well as the Principal Parties. C. This Agreement has been executed in several counterparts, each of which shall constitute a complete original Agreement, which may be introduced in evidence or used for any other purpose without production of any of the other counterparts. -14- 0 0 %IiNESS '111FREOF, rhe Principal Parties (b}' their. dul} i`-nor1z �`=iters) have executed .'irst above written. this Agree�ent on the date OWNER: Midstates Develo „lent, Inc. By Title: E�Lo�yP Witness: ( AGENT: Iowa City Housing Autho-itv By / n 11 A o i Title: Mary C. Neuhauser, %3V0r Witness - 0 -15- 0 ENDORSEMENT OP CONSENTING PARTIES _:ortga ee's endorsement: i Date:_��7_ 7 �7G F4--/ mfr' sf7Z as the mortgagee identified in t.ne foregoing Managemen�j Agreement dZ.o by and between i ated // X71. 1�✓i�% ice, and hereby consents to sa d agreement. MORTGAGEE: By: Title: Witness: Secretary's endorsement: Date: November 4, 1976 The Secretary of the Department of Housing and Urban Develop- ment hereby consents to the foregoing Management Agreement, dated July 20, 1976 by and between Midstates DeVelooment Inc. and Iowa City Housing Authority Title: Dev. ::rc'osure f - arxi =CI City ibusinent l� cement i;etitien Atidstates tkvelo ] Author_ty ixnent, Inc. Responsibilities and Delegation of Authority "id the a eg nel mainterance and e_) retains cxnplete responsibility for the ta•a a LTple�rt t.�e mymager �t lan d Operation of the project. Authority to Housing Authority as manages agent. hheereby delegated to the Iowa City + The ower will: a• Provide to the agent a copy of the Regulatory Agreement, Housing Assistance Paym nts Contract, all warranties on the building and any equiITent contained therein, and a detailed manag�t plan approved by HIID. b. Provide accounting services establish and maintain arra assistance as may be necessary to eappropriate bank accounts. C- Provide at no cost to the rental agency account, the agent or the Resident :Manager one room in each building suitably furnished for use n an Office. Minimum to include one desk, t c> chairs, one fife one small safe, one telephone arra one bulletin board. cabinet, d• Provide legal assistance as may be required to irry�i t the management plan. 9 1 LJ • >'a-L19crent greerrent between xidstates veloarent, Inc. a^.c =cr,;a ty Housing Authority �.ltl•_S O� Zhe Management Agent a. e,ssist in the development of the detailed management plan for owner submission to HU:). b. Participate, as requested by crner, in remaining stages of development and const -action of the project. This participation to be limited to review of propos project. ed changes and their effect on managing the c. Prepare for cx„ners approval and submission to HUD the first year operating budget. d. Prepare Initial Estimates of Required Annual Contributions; Esta, to of RecfJired Annual Contributions; Estimate of Total Required Annual Contribu- tions; Requisition for Partial Payment of Annual Contributions. e. Participate in joint sessions, with owner's accountant, in establishing required records and accounts. This will include a system for receiving and depositing monies in the accounts Receivable and Payanenc of Accounts in the name of the project. HUD. f. Participate in the on-site inspections of the project, required by g. Carry out the marketing plan prescribed in the _Management Plan. h. Select and hire a person or couple to perform the functions of the Resident Manager for each of the two buildings. Supervise their performance making changes as necessary. i. Negotiate contracts for the performance of maintenance on the following iters: 1) Elevators maintenance 2) Appliances (stoves, refrigerators, disposals, exhause fans) main 3) Heating and cooling units maintenance 4) Llectrical and plumbing facilities maintenance 5) Swa removal 6) Insect and rodent control 7) Lawn and yard care 8) Painting 9) Glass replace -neat 10) Furniture repair/replacesrent )1) tartare and trash removal - ) in'4ow washing (exterior) Pace 2 Qnclosure 2 • • ave and process applications to i.nclur3e notification of hos rot eiiciible. Maintain a waiting list. `c "t tenants and provide orientation. 1' -nfo ce rules of occupancy to j-1clude eviction action if recraired. area. P'ovide counseling and refer appropriate agencies in social services n• Develop and coordinate a recreational program to greet tenant needs. o. S':xxvise collection of rent. Account. Receive and deposit in Rental Agency P• Develop janitorial. schedules to ass cleanliness ure proper maintenance and of ccmron spaces, sidewalks, parking. lots and grounds q• I view and approve Work or service requests for repairs and tenance of units, co mnn areas and grounds. main - r' L-lspect Project once each week. S. arch—'Zej after conpetitive pricing, of all mate-i=ls and Plies necessary for the care and maintenance of the project. t. envelop and maintain an inventory of all capitol and non -capitol iters. This will include a description of the item, its value, location and condition. U- Obtain and maintain a bulbs, etc. small stock of expendable items such as glass, v Annual certification of tenant eligibility. w. Provide a 24 hour capability for receipt' of and action on em'rgency calls for assistance from tenants of the project. x• In coordination with owner, select and maintain appropriate insurance on the property. 0 9 Enclosure : - -+anagerre.-It ,'�gre-ement Bete, —n Midstates Development, Inc. a:xl -ooa C ty 'mousing Authority Duties of Resident Manager _he agent Will select and hire a person or couple who will be resnorsible to the agent for rerfonTance of the duties described �laa- it is anticina.-d that thP person or couple will be an eligible tenant and will pay rent according to projected income.The Resident Manager will be the direct contact with tenants and as such will receive assistance as required frcm both Owner and agent. Tto such positions will be filled, i.e. one for each building. Neither manager will have authority over the Other and complete unobstructed cooperation with each other is essential. a. In coordination with agent, assign tenants to specific units. b. Provide orientation to assigned tenants to include operation of appliances, care and maintenance of unit and appliances, procedure for requesting assistance, repairs or filing complaints. c. Collect rent from tenants follauing schedule provided by agent. d. Perform annual financial review for each tenant. e. Provide 11 rent delinquent list to agent and notices' to tenants. f. Receive requests for maintenance frau tenants. . g. Clean public areas on a semi-weekly basis or as needed to maintain to the satisfaction of the agent. i h. Visually inspect the hallways, public use areas, parking lot, etc. on a daily basis. i. Maintain a service request capability on a daily basis between 8:00 a.m. and 5:00 p.m. weekdays and on emergency call basis at all other times. j- Coordinate the recreation and social program for building. k. N.ake referrals to the agent for counseling and similar actions. 1- Remove snow from side,,alk surrounding building and to parking , - and/or street. m• Replace bulbs, repair faucets and perform similar tasks of preventiveP- maintante as directed by agent and within physical capabilities. AGREEMENTS/CONTRACTS Attached are _ unexecuted copies of I Pc l/^_7C,D as signed by the Mayor. After their execution by the second party, please route 1)-A ,1d-skiFc 2) 1L1 d sfr &'r 3) ,0'1- fY 0 le ✓k 4) '4/1d,n-1-4IPs_��,�o S) ,7 to be responsible for completion of this procedure. Abbie Stolfus City Clerk RESOLUTION NO. 76-299 RESOLUTION AUTHORIZING THE FINANCE DEPARTMENT TO TRANSFER FUNDS TO THE JOHNSON COUNTY COUNCIL ON AGING. 1VHERFAS, the City Council budgeted funds to meet the needs of senior citizens in FY 77, and i54TI72EAS, the City Council deems it in the public interest to transfer finds in the amount of $10,000 in FY 77 to the Johnson County Council on Aging, and WHEREAS, the Johnson County Council on Aging will provide direct service and will sponsor programs which will directly benefit the senior citizens in Iowa City, and and WHEREAS, Johnson County Council on Aging is a non-profit organization, WTOZEAS, the City of Iowa City is empowered by the State to make gifts to other public agencies for public purposes, NOW, THEREFORE, be it resolved by the City Council of Iowa City, Iowa, that the staff be directed to transfer funds to the Johnson County Council on Aging. It was moved by Balmer and seconded by Foster that the Resolution as rea e a opt , and upon roll call t ere were: AYES: NAYS: ABSENT: x Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 24th day of August 1976. Attest: - v >ty erc 1375 RECEIVED JUL 2 9 f976 Johnson County Council on 538 South Gilbert Street Iowa City, Iowa 52240 July 27, 1976 Cit Noel G. Berlin, City Manager y Iowa City Civic Centor 410 Fast Washineton Iowa City, Iowa 52240 Dear Mr, Berlin: Aging The Finance on Aging Board of Committee of the Johnson County Council to cuss financial Directors met last Tuesday. July 20, woulddislikeallocated fundsrfromdthe to tide on how we bursed to COA. City Council dis- The Finance Committee and the Board voted to write the initial letter to the City Council to advise on the disbursement of funds, after which the COA will submit a monthly itemized voucher requesting other monies based on needs. Beginning August 1 th<. a check in amCouncil on Aging requests ount of $1.000,00, made payable County Council on Aging to Johnson ditures: to cover the following expen- Salary (director) Insurance (BC/BS) mo. $833.33 Travel (mo./ in county) 27.60 Phone 50.00 Postage 26.90 Supplies 26.00 36.00 We trust that this arrangement is acceptable and will meet ,your app^oval. Thank you for your support of our organization. We look forward to a working relationship with the City Council in the future, Sincerely, Mary Rock. Chairman • ADVED JUL 2 9 1976 Johnson County Council on Aging 538 south Gilbert Street Iowa City. Iowa 52240 July 27, 1976 Mr. Neal G. Berlin, City Manager City of Iowa City Civic Center 410 Fast 'daIowag52240 Iowa City, Dear Mr. Berlin: Council Board of Directors met last Tuesday, on Aging Bo July 20. The Finance Committee of the Johnson County to discuss financial matters and to decide on how w would like allocated funds from the City Council dis- bursed to COA. write the The Finance Committee and the Board voted o the initial letter to the City Council to advise on then submit disbursement of fan vouafter which monies cher requesting a monthly itemize on needs. Beginning August 1 the Council a check in amount of $1,000-0010 made County Council on Aging to covr th ditures: Salary (director) Insurance (BCiBScounty) MO - Travel (mo./ Phone Postage on Aging requests payable toJoohnson e following 0 $833.33 ,27.60 50.00 26.90 26.00 36.00 Supplies We trust that this arrangement is acceptable and will meet your approval. Thank you for your support of our iporganization. with the City We look forward to a working relationship with Council in the future. siinnccersely, Mary 116ck. Chairman MR/be Form. 662 tt•:a IO'* STATE HIGHWAY CONNISSION Application for use of Irtty_ JohUson Highway Right of Way fpr Utilities Accommodation Permit No. Applicant': (Name of Owner) 410 E. Washington St. (Address) Iotas City lv ioa (City) 52240 Iuwa State Highway Commission (Sate) (ZAP Code) Ames, Io•aa Gentlemen': Approval is hereby requested for the use of Primary Highway U-S—tel8 Nine (09) T 79\r R 6W Joh son (Number) in Sec. � , N. A. from within the corporate limits of I (Direction) at Highway Station(s) No. 32+$0 to 48+00 (Place,. Town, line for the transmission for the acro issioa or_ Power to an eeistinia street linh The installation shall consist of a burled 3_r' steel _.._and will be located as shown on the detailed slat attached hereto. County N. miles, of an underground steel conduit enc tem AGREEMENTS!: The utility company, corporation, applicant, permittee, or licensee, (hereinafter referred to as the permittee) agrees that the following stipulations shall govern under this permit. L The location, construction and maintenance of the utility installation covered by this application shall be in accordance with the current Iowa State Highway Commission Utility Accommodation Polley. 2. The Installation shall meet the requirements of local municipal, county, state, and federal laws, franchise rules, and regulatioas, regula. Lions and directives of the Iowa State Commerce Commission, Utilities Division, the Iowa State Department of Health, all rules and regula- tions of the Iowa State Highway Commission, and any other laws or regulations applicable. 3. The Pemittee shall be fully responsible for any future adjustments of its facilities within the established highway right of way caused by highway construction or maintenance operations. 4. e lo-wa ata Highway MInission shall give the ee at least 48 hours written notice of any Proposed workon either existing or newly acquired ght•orway,tha is likely to conflict with the installation belonging o thestruction or Pe -mitten, in order that the Permittee nay amage to protect its facilities. S. The State of Iowa and the Iowa State Highway Commission assume no responsibltity for damages to the Permittee's property occasioned by any construction or maintenance operations on said highway. 6. The Per..lttee shall take all reasonable precaution during the construction and maintenance of said installation to protect and safeguard liven and property of the traveling public and adjacent property owners. 7. The Permittee agrees to give the State Highway f.mnmisslon forty-eight hours' notice of its intention to start construction on the h right-of-way. Said notice shall be made In writing to the Engineer whose name is shown below. ighway w right- ithin the right - The Pea agreesot-way. Said id noticn shall be to the Engoeorat all times give the Iowa State wHighway Commission timely notice of intention to perform routine malatenance whose name is shown below. 9. The Perlittee, and its contractors, shall carry on the construction or repair or the accommodated utility with serious regard to the safety Of the public. Traf.^.c Pcotoctlon shill be In accordance with part VI of the current Iowa State Highway Commission mamral on Uniform Traffic Controls. ili;:hway Commission personnel may supervise Daggtng operations where considered necessary by the Engineer. The original place- ment of st,as and removal on completion of the work shall be accomplished by the (Perraittee) (Highway Cpmmisslon). (cross out one) 1. �-7