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HomeMy WebLinkAbout1975-01-14 ResolutionRESOLUTION NO. 75-8 RESOLUTION APPROVING EXECUTION OF EMPLOYMENT CONTRACT WITH NEAL G. BERLIN WHEREAS, the City of Iowa City, Iowa, desires to employ Neal G. Berlin as City Manager of said city and, WHEREAS, both the City and Mr. Berlin deem it to be - advisable to enter into a formal employment contract providing for the employment of Mr. Berlin as City Manager of Iowa City. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk are hereby authorized and directed to execute on behalf of the City the attached contract with Neal G. Berlin, which contract is hereby ratified and approved. It was moved by Brandt and seconded by deProsse that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Czarnecki _ X Davidsen x deProsse X Neuhauser X Passed and approved this 14th day of January 1975. Mayo ATTEST: I / City Clerk �/ THIS AGREEMENT, made and entered into this .14th day of January 1'Q 75 - by and between the City of Iowa City, State of Iowa. a municipal corporation, hereinafter called the "City, as party of the first part, and Neal G. Berlin, hereinafter called"Employee," as party of the second part, both of whom understand as follows: l' WITNESSETH: - WHEREAS, the City desires to employ the services of said Neal G. Berlin as City Manager of the City of Iowa City, as provided by Ordinance and Charter provisions of said City; and WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee; and WIIEREAS, Employee desires to accept employment as City Manager of said City; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: Section 1, Duties City hereby agrees to employ said Neal G. Berlin as City Manager of said City to perform the functions and duties of such office and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. Section 2, Term A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the night of the City Council to terrninate the sr.rvices of Employee at anv time, subject only to the pro isions set forth in Seci;ort paragraphs A and B, of this agreement. B. Nothing in this agreement shall prevent, limit or otherwise sign at any time from his interfere with the right of the Employee to re vision set forth in Section 3; position with the City, subject only to the pro paragraph C, of this agreement. Section 3, Termination and Severance Pay A. In the event Employee is terminated by the City Council and during such time that Employee is willing and able to perform the duties Employee a lump of City Manager, then in that event the City agrees to pay gate savary, provided, however, sum cash payment equal to 3 months' aggre terminated because of his conviction of any that in the event Employee is then, in that event, City shall illegal act involving personal gain to him, have no obligation to pay the aggregate severance sum designated in this paragraph. City at any time during the employment term B. In the event the reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all City the City refuses, following written notice, to employees, or in the event comply with any other provision benefiting Employee herein, or the Employee resigns following,a suggestion, whether formal or informal, by in that event, Employee may at his the City Council that he resign, _then, _ , option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance c pay provision. mployee voluntarily resigns his position with the C. In the event E City then Employee shall give the City 1 month notice in advance. Section =, Salary r his services rendered pursuant City agrees to pay Employee fo - 3 - hereto an annual base salary of $26, 000. 00 payable in installments at the same time as other employees of the City are paid. In addition, City agrees to increase said base salary by $750.00 effective 6 months after, the date of this contract and further review Employee's salary and benefits no later than July 1, 1976, computing base salary increases from the basic salary figure of $26, 750. 00. Section 5, Hours of Work A. It i3 recognized that Employee must devote a great deal of his time outside normal office hours to business of the City, and to that end Employee will be allowed to take compensatory time off as he shall deem appropriate during said normal office hours. Section 6, Automobile Employee's duties require that he shall have the use at all times during his employment with the City of an automobile provided to him by the City. City shall be responsible for paying for liability, property damage, and comprehensive insurance and for the purchase, operation, maintenance, repair, and regular replacement of said automobile. Section 7, Moving Expenses - Employee shall be reimbursed, or City may pay directly, for the expenses of packing and moving himself, his family, and his personal' property from Hanover, New Hampshire, to City, with said payment or reimbursement to be agreed upon prior to execution of any contract to -perform such move and shall include costs of unpacking, storage costs and insurance charges. Section 8, Home Sale and Purchase Expenses A. Employee shall be reimbursed up to the rate of 5300. 00 per month In defray cots of interest and real estate taxes on ��v. llasapsnire 4 N ew l-lampshtre residence le of Employeessement exc eed the total time sale r residence until such reimbu however, in no case shall said is effected: costs of mourn of $1, 800.00. ee for expenses to cover h -r burse LmP1oY urchasing a B. City shall reirn urpose of p _witployee,s wife for one visit to City the P _ residence. nd subscriptions nd Subscriptions l dues a Dues a Professional Section 9, D" .the P et and to paY in national, pees to budget articipation City agrees tion and full p for his continua d of FmP1oyee necessary d °r.ganiaations necessary an tions an and advance- state, and local associa rowth, regional. nal participation. g desirable for his continued Professional -- _ the good °f the City- t, and d for 1 Development and subsistence professiona d to pay the travel Section 10, to budget an and __.. hereby agrees travel, meetings, A. City 1 and official expenses of FmPIOYee for P rofessiona t of FmPloyee rofessional developmen continue the P tions for City, adequate to �9_ functions cions a and other occasions official City Pursue necessary of the International and to adequately P ference the Annual Con such other t limited to lilies, and ding but no _ league of rnun ctPa including the state _ _ mittees c. tion, u S and COn' Management Asso mental gro P state, and local governmental national, regional, member. loyee serves as a and to POLY for the travel and whereof which T'TnP to budgetand_ City also agrees _- institutes, B. ee for short courses, of-,.,Ioy ent and for the subsistence expenses 1Onal developm sem mars that are necessary for his. profess good of the City' Leave d Iviilitary �0 sick f leave. There - V Vacation, Sick an days o Section 11, shall he credited with A. Joyce after Employee shall accrue sick leave at the same rate as other general employees of City and the City Manager shall be entitled to 3 weeks of vacation after 1 year of service. B. Employee shall be entitled to military reserve leave time pursuant to state law and existing City policy. Section 12, Disability, health, and Life Insurance A. City agrees to continue in force and to make required premium payments for Employee for insurance policies for life, accident, sickness, disability income benefits, major medical and dependent's coverage group insurance presently covering Employee and his dependents, amounting to approximately $1, 000. 00 annual premiums. B. City agrees to provide hospitalization, -surgical, and compre- hensive medical insurance for Employee and his dependents. Section 13, Retirement - Deferred Compensation Plan A. In addition to the base salary paid by City to Employee, City agrees to continually set aside an additional sum equivalent to 10 per cent (101o) of the base salary, as deferred compensation, which, in equal proportionate amounts each pay period shall be credited and paid into a "Deferred Compensation Account" to be established with the City Treasurer, - Such deferred compensation plan will be administered as consistent with provision of the IRS and ICMA Retirement Plan asset forth in a separate agreement to be executed by all parties concerned. Section 14, Normal Retirement System Employees shall be covered by the normal City retirement system in the category of City Manager. Section 15, Other Terms and Conditions of Employment A. The City Council shall fix any such other terms and conitioas 6 of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the City Charter, or any other law. B.. All provisions of the City Charter and Code, and regulations and rules of City relating to vacation and sick leave, retirement and pension system contributions, holidays, and other fringe benefits and working con- ditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of City, except as herein provided. Section 16, General Provisions A. The text herein shall constitute the entire agreement between the parties. B. This agreement shall become effective commencing February 1, 1975. C. If any provision, or any portion thereof, contained in this agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Iowa City,'Iowa, has caused this agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. IOWA CITY, IOWA _ .May- t\ r • RESOLUTION NO.� • {' RESOLUTION AUTHORIZING AMENDMENT TO CONTRACT - DEMOLITION AND SITE CLEARANCE CONTRACT NO. 4 WHEREAS, the City of Iowa City has awarded a contract to S.A.S. Equipment Co 8512 Kennedy Blvd North Bergen,New Jersey said contract entered into on October 2, 1974 and, WHEREAS, it is deemed that certain changes in the plans and specifications are necessary due to construction changes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the contract dated October 21 -1974 _entered irto by -- - = the City of Iowa City and S'A S Equipment Co. for the construction of the demolition and Site Clearance contract 4�4, be amended by addition of inclusion of Parcel-93/7, - as follows: 2. That the Mayor and City Clerk are hereby authorized and directed to execute an amendment to said contract incorporating the above amendments. It was moved by nra.At and seconded by LeMhansPr that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt Czarnecki Davidsen deProsse _- X M=0( Neuhauser Paaaed and approved this j j b dny of jnnuary, 1.;7 pmayor ATTEST: City Cleft S.A.S. Equipment Compa� jacember 23, 1974 8512 Kennedy Blvd. ntract #4 North Bergen, New Jersey 07047 Demolition and Site Clearance City -University Project Iowa R-14, Iowa City, Iava CHANGE ORDER NUMBER ONE Gentlemen: In connection with Contract A. dated October 2, 1974, for Demolition and Site Clear- ance, City University Project, Iowa R-14, Iowa City, the following change is ordered In accordance with Section 107, of the General Conditions: Add to the Contract complete demolition and site clearance of Parcel 93-7 in accordancewiththe specifications. Subject to the conditions, hereinaftersetforth and equitable adjustment of the Contract Price and the Contract Time is established as follows THE CONTRACT PRICE IS INCREASED One Thousand Nine Hundred and NO/100 dollars ($1,900.00) and the Contract Time is not changed. The conditions last referred.to are as follows: (a) The aforementioned change, and work affected thereby, are subject to all contract stipulations and covenants; (b) the rights of the Local Public Agency are not prejudiced; and (c) all claims against the Local Public Agency which are incidental to or as a con :sequence of the aforementioned change are satisfied. ATTEST: CITY OF IOWA CI Ty, IOWA L City Clerk Z Mayor APPROVED: ACCEPTED: S.A.S. EQUIPMENT CO. By 5 Acting Director of Public Works Title Date Date '3jJf � • RESOLUTION NO, RESOLUTION ESTABLISHING STOP SIGNS AT CERTAIN DESIG- NATED INTERSECTIONS AND REMOVING -STOP SIGNS AT CERTAIN DESIGNATED INTERSECTIONS --IN_IOWA CITY, IOWA WHEREAS, the Ordinances of the City of Iowa City, Iowa, il may establish or remove StoR provide that the City Counc Iowa, byesolu signs at designated intersections;in-Iowa City,Iowa, interest tion, after determination that it is In the p to establish or remove said stop signs, and WHEREAS, the City Council. of Iowa City, Iowa, has deter- mined that it is in the public interest to establish stop signs at the following intersections: Potomac and Mt. Vernon Drive - - - WHEREAS, the City Council of Iowa City, Iowa, has deter- mined that it is in the public interest to remove stop signs at the, following intersections: None - -. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: A) That stop signs are hereby established at the following intersections: 1. To stop traffic on Potomac before entering Mt. Vernon. B) That stop signs are hereby removed at the following intersections None C) That the City Manager is hereby authorized and directed to have appropriate signs installed to effectuate the provisions of this Resolution. 13 7 s-11 IMSOLOTION NO. RESOLUTION OF APPROVAL OF CLASS „B„ BEER PERMIT APPLICATION that a Class IOWA CITY, IOWA, COUNCIL OF following named per - BE IT RESOLVED BY THE CITYroved appfor the Application is he locations: „g^ Beer .Permit APP a following described son or persons at th Things, Things, Fi Things. 130 S. Clinton restrictions hereafter Said approval shall be subject to any conditions or r imposed by ordinance or state law. total he l en - recommendation for approval the license Clerk shall cause a same together The City forward the surety bona and all other ztment* n the application aria risibility, c Liquor Control DePa, dorsed upon f financial resp the Iowa Beer fee certificate ° ents required information or docum w, ,liausP�that the .,��' 1t � and seconded by ..�� moved by upon there were It was u n roll call Resolution as read be adopted, .AYES: NAYS: ABSENT: X Brandt x Caarnecki _ X_ Davi.dsen leuhauser - 19 Passed this 1� aY of Janu 4 RESOLUTION NO. 75-12 RESOLUTION OF APPROVAL OF CUSS "C" BEER PERMIT: APPLICATION-: BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a. Class -. _. "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations:___ Giant FoodStore#b, 2527 Muscatine St. Said approval shall be subject to any conditions or restrictions 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, surety bond and all other information; or documents required to the Iowa Beer and Liquor Control Dpparhment. It was moved by Neuhauser and seconded by Brandt that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT:. - -- X -Brandt Czarnecki - - X Davidsen X Mosse __ - X I ZP Neuhauser X Passed this 14th day of January , 19 75 J �r RESOLUTION NO. RESOLUTION -OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF ,IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: Seaton's Cash 4 Carry, 1331 Muscatine Said approval shall be subject to any conditions or restrictions 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, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. - It was moved bydeProsse and secondedby i�ao;Aeen that the. Resolution as read be adopted, and upon roll call there were: AYES: NAYS -ABSENT: Brandt X Czarnecki' X avi sen _ X - e rosse X t, Neu auser X Passed this 14th day of January, 1975 eI n'j • • RESOLUTION NO. -75-14 RESOLUTION OF APPROVAL OF CLASS LICENSE APPLICATION. SUNDAY SALES BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Sales Permit application is hereby approved for the following named person or persons at the following, described location: Madu, Inc. dba/Mama Machacek's, 5 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 fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved byand seconded by Np„ha„gPr that the Resolution as rea e ad opted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt x Czarnecki x Davidsen x_ deProsse x Neuhauser x I'rtaded Lliid_ 14 di any of' My __ RESOLUTION NO. ac;_i 5 RESOLUTION AUTHORIZING EXECUTION OF RESERVATION OF RIGHTS AGREEMENT WITH HAWKEYE SECURITY INSURANCE COMPANY �C'IIL ft1 �S, the %ity of Iowa City, Iowa, is involved in certain litigation, being the Amerex case pending in Johnson County District Court and the Short case pending in the United States District Court, and, WHEREAS, it is deemed advisable to enter intotheattached Reservation of Rights Agreement with Hawkeye Security Insurance Company. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OV IOWA CITY, IOWjN, that the attached Reservation of Rights Agreement be and tine same is hereby approved and the Mayor and City Cleric are authorized to execute the same on behalf of the City. It was moved by Brandt and seconded by nav;(Isan that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: "r Brandt x Czarnecki X , Davidsen X deProsse X Neuhauser Abstain Passed and approved this 1 4th day of Ta,,ar 1975. 1Viayor /7 ATTEST: �i�/ / . ✓ ;tJ �7, City Clerk ('