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2004-05-04 Resolution
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 04-121 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Loyal Order of Moose Lodge #1096 3151 Highway 6 East Passed and approved this 4th day of Nay ,20 04 ATTEST:-~.~ ~- :;~04~ . . ~- It was moved by Champion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey × Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 04-122 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR STONE BRIDGE ESTATES, PART THREE AND PART FOUR, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE, WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Stone Bridge Estates, Part Three and Part Four, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Stone Bridge Estates, Part Three and Part Four, as constructed by Metro Pavers, Inc., of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 4th day of t4a.,v ,20 04. '9 CITYU%ERK ' ' - " It was moved by Champion and seconded by 0'Donne]'l the Resolution be adopted, and upon roll call there were: AYES: NAYS: AB$ENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn CITY OF IOWA C~T¥ 4 I0 East Washington Street Iowa City, Iowa 52240-1826 (319) 356 5000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT April23,2004 Honorable Mayor and City Council Iowa City, Iowa Re: Stone Bridge Estates, Part Three and Part Four Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Stone Bridge Estates, Pad Three and Part Four have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa, and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng~etters~stonebddge.doc Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 04-123 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, TRAIL, AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART SEVENTEEN B, PART EIGHTEEN A, PART EIGHTEEN B, AND PART NINETEEN A, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Windsor Ridge - Part Seventeen B, Part Eighteen A, Part Eighteen B, and Part Nineteen A, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Windsor Ridge - Part Seventeen B and Part Eighteen A as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. Trail improvements for Windsor Ridge - Part Eighteen B, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 4th day of Ma,,v ,20 04 It was moved by Champion and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion × Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5007 ,tAX www.icgov.org ENGINEER'S REPORT April 26, 2004 Honorable Mayor and City Council Iowa City, Iowa Re: Windsor Ridge - Part Seventeen B, Part Eighteen A, Part Eighteen B, and Part Nineteen A Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, trail, and paving public improvements for Windsor Ridge - Part Seventeen B, Part Eighteen A, Part Eighteen B, and Part Nineteen A have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa, and for the paving and trail improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer 05-04-04 ] 3e(3) Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 04-124 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO A'I-rEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT LOTS 15, 22, 23, 24, 26 AND 27 PENINSULA NEIGHBORHOOD, IOWA CITY, IOWA. WHEREAS, the City of iowa City is the owner and holder of a Mortgage in the total amount of $623,467, executed by the owner of the property on August 4, 2003, and recorded on August 14, 2003, in Book 3614, Page 609 through Page 613 in the Johnson County Recorder's Office covering the following described real estate: Lots 15, 22, 23, 24, 26, and 27 Peninsula Neighborhood First Addition, Iowa City Iowa, according to the plat thereof in Book 43, Page 275, Plat Records of Johnson County, Iowa. WHEREAS, Hills Bank and Trust Company is offering a construction loan in the amount of $827,202 to the owner of Lots 15, 22, 23, 24, 26 and 27 Peninsula Neighborhood and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of Hills Bank and Trust Company secured by the proposed mortgage in order to induce Hills Bank and Trust Company to make such a loan; and WHEREAS, Hills Bank and Trust Company has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust Company; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk t~o attest the subordination agreement between the City of iowa City and Hills Bank and Trust Company, iowa City, Iowa. Passed and approved this 4th day of ~la.y ,20 04 CIT"FCLERK City Attorney's Office ppdrehab/res/Iot201ongfellow-subord.doc Resolution No. 04-124 Page 2 It was moved by Champion and seconded by 0'Donne~l 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust Company of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain MortqaRe which at this time is in the amount of $623,467, and was executed by Greater Iowa City Housin,q Fellowship (GICHF) (herein the Owner), dated Auqust 4, 2003, recorded AuRust 14, 2003, in Book 3614., Page 609 through Page 813, Johnson County Recorder's Office, covering the following described real property: Lots 15, 22, 23, 24, 26 and 27 Peninsula Neighborhood First Addition, Iowa City Iowa, according to the plat thereof in Book 43, Page 275, Plat Records of Johnson County, iowa. WHEREAS, the Financial Institution proposes to loan the sum of $827,202 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortqaqe held by the City be subordinated to the lien of the modgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mort~acle held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and ether good and valuable consideration for its act of subordination herein. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this l??~ day of CITY OF IOWA CITY FINANCIAL INSTITUTION Mayor Ci~lerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 4 -~k day of N',,~,,) ,20 o__.~__, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~4z~-$T '~, LA.~,wA,~ and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. o~ ~/g.,~ passed (the Resolution adopted) by the City Council, under Roll Call No. ~~__ of the City Council on the ,¢¢+k dayof Nk~ ,20 o~, ,and that~_ ~F~ST UJ. Le.~,'~ and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. soNo EFOm' I ICommission Number 159791! -.~'~t i;~u~ ~'~¢"~ I~'1 My Commisslorl F. xCms I i ~x-i 3-?-o(~ I Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this (¢c~-*q day of ('~¢~ , 20 OC-t , before me, the undersigned,--"~- Nota. ry Public in and for the State of Iowa, personally appeared ~cttc.~pJ ~.~'~tCc~¢lto me personally kno~r~, w~ho being by me duly sworn, did say that q-Y~'/~ is theY~z ~ ~ P-~t-..~.~.C'~o~f pt¢[~% '¢--~¢_,~ ~L_.~ , that said instrument was signed on behalf of said corpoCation by authority of its Board of Directors; and that said acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. Notary Public in and for the StateUof Iowa I §d Prepared by: Shelley McCafferty, Assodate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 (SUB~-00008) RESOLUTION NO. 04-].25 RESOLUTION APPROVING THE FINAL PLAT OF WILD PRAIRIE ESTATES, PART 5. WHEREAS, the owner, Kennedy Hilgenberg Enterprises, filed with the City Clerk the final plat of Wild Prairie Estates, Part 5, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Lot "A" of Wild Prairie Estates, Part Four, to Iowa City, Johnson County, Iowa in accordance with the Plat thereof recorded in Plat Book 44, at Page 294 of the Records of the Johnson Count Recorder's office. Said tract of land contains 25.79 acres, more or less. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2003) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements, and public open space as provided by law and sPecifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, iowa at the expense of the owner/subdivider. Passed and approved this 4th day 0 CORPORATE SEAL Approved by CITY'~.,'EERK City Attorney's Office .,dtion NO. 04-125 age 2 It was moved by Champ)ion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X . Champion X . Elliott X Lehman X O'Donnell X Vanderhoef X Wilbum STAFF REPORT To: Planning & Zoning Commission Prepared by: Shelley McCafferty Item: SUB04-00008 Wild Prairie Estates, Part 5 Date: April 15, 2004 GENERAL INFORMATION: Applicant: Kennedy-Hilgenberg Enterprises 1811 Dubuque Road Iowa City, IA 52240 Phone: 338-2192 Contact Person: MMS Consultants 1917 S. Gilbert Iowa City, IA 52240 Phone: 351-8282 Requested Action: Approval of final plat Purpose: To create a 34-1ot subdivision Location: Wild Prairie Drive and Prairie Grass Lane Size: 25.79 acres Existing Land Use and Zoning: RS-5, undeveloped Surrounding Land Use and Zoning: North: IDRS; undeveloped South: RS-5; residential East: P; open space West: Public; open space RS-5; residential Comprehensive Plan: 2-8 dwelling units per acre File Date: March 26, 2004 45-day Limitation Period May 10, 2004 BACKGROUND INFORMATION: The applicant, Kennedy-Hilgenberg Enterprises, is requesting approval of a Final Plat for Wild Prairie Estates Part 5, a 25.79 acre, 34-1ot residential subdivision located at Wild Prairie Drive and Prairie Grass Lane. The preliminary plat for this subdivision was approved by City Council on November 25, 2003. This development would allow the construction of 34 single-family dwellings with three outlots. Outlot A is reserved for future development and Outlots B and C will be dedicated to the City. ANALYSIS: The final plat as submitted is in general conformance with the approved preliminary plat. However, on the final plat Lots 108-110 have been slightly reconfigured which results in one less lot in the subdivision. This provides more frontage for the large lot (Lot 109) south of Outlot C and will make locating any structure on this lot easier for emergency vehicles. Staff feels that this modification is acceptable. The final plat requires a few minor changes which are expected to be completed prior to April 15. Construction plans have been submitted and are being reviewed by the City Engineer. Legal papers have also been submitted for review by the City Attorney and Engineer. Prior to Council consideration of the final plat, staff must approve construction plans and legal documents. A water main extension fee of $395 per acre will be required for this development. These items will need to be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends that SUB04-00008, a final plat of Wild Prairie Estates, Pad 5, a 25.79-acre, 34-1ot residential subdivision located at Wild Prairie Drive and Prairie Grass Lane be approved subject to staff approval of legal papers and construction drawings prior to City Council consideration. ATTACHMENTS: 1. Location map 2. Final plat Approved by: ,/'~"~'¢~-- Robed Miklo, Senior Planner, Department of Planning and Community Development SITE LOCATION: Wild Prairio Dr. & ~rairio ~rass ~. 8~B04-0~08 Final Plat Wild Prairie Estates, Part Five ..... Iowa City, Iowa OUTLOT B ~ .... ~- O[J~OTw A ' '~ .... ~ .........._~ OUTLOT ' C ' "108 I05-04-04 i 5e Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB04-00009) RESOLUTION NO. 04-1;)6 RESOLUTION APPROVING FINAL PLAT OF SANDHILL ESTATES - PART ONE, IOWA CITY, IOWA. WHEREAS, the applicant, Southgate Development, Inc., on behalf of the owner, SG&M Properties, L.L.C.; filed with the City Clerk the final plat of Sandhill Estates, Part One, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the South Quarter Corner of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N88o23'31"E, along the South Line of the Southeast Quader of said Section 22, a distance of 1231.62 feet, to its intersection with the Easterly Right-of-Way line of South Gilbert Street, and the POINT OF BEGINNING; Thence N25o42'20"W, atong the said Easterly Right-of-Way line of South Gilbert Street, 1442.48 feet, to a point on the South line of Auditor's Parcel 2001051, in accordance with the Plat thereof Recorded in Plat Book 43 at Page 94 of the Records of the Johnson County Recorder's Office; Thence N88o18'26"E, along the said South Line of Auditor's Parcel 2001051, a distance of 468.59 feet; Thence S60°42'05"E, along said South Line, 858.51 feet, to the Southeast Corner thereof; Thence N17o22'29"E, along the East Line of said Auditor's Parcel 2001051, a distance of 242.32 feet; Thence N30o21'43"E, along said East Line, 38.20 feet; Thence N60o25'38"W, along said East Line, 322.36 feet; Thence N48°08'37"W, along said East Line, 217.98 feet; Thence N23o34'36"W, along said East Line, 254.77 feet; Thence N01o50'58"W, along said East Line, 174.62 feet; Thence N88o09'02"E, along said East Line, 123.42 feet; Thence N03o13'36"E, along said East Line, 40.16 feet, to the Northeast Corner thereof; Thence N3o24'06"E, 23.66 feet; Thence N88o09'02"E, 78.51 feet; Thence S76°32'34"E, 327.34 feet; Thence S59o24'33"E, 144.11 feet; Thence S73o03'09"E, 128.84 feet; Thence N88o57'03"E, 20.97 feet; Thence S01o02'57"E, 66.12 feet; Thence S14o14'15"E, 147.05 feet; Thence S30o38'39"E, 147.05 feet; Thence S47o03'04"E, 147.05 feet; Thence S63o27'28"E, 147.05 feet; Thence N18o20'20"E, 135.27 feet; Thence Southeasterly, 70.20 feet, along a 380.00 foot radius curve, concave Northeasterly, whose 70.10 foot chord bears S76o57'14"E; Thence Southeasterly, 242.37 feet, along a 570.00 foot radius curve, concave Southwesterly, whose 240.55 foot chord bears S70o03'54"E; Thence S32o07'00"VV, 130.00 feet; Thence S51o00'14"E, 107.22 feet; Thence S42o04'35"E, 169.80 feet; Thence S32o49'42"E, 121.43 feet; Thence Southwesterly, 336.40 feet, along a 1116.98 foot radius curve, concave Northwesterly, whose 335.13 foot chord bears S65o47'59"W; Thence N15o34'21"W, 121.46 feet; Thence S77o31'19"W, 107.48 feet; Thence S09o23'00"E, 121.46 feet; Thence Northeasterly, 1.00 foot, along a 1116.98 foot radius curve, concave Northwesterly, whose 1.00 foot chord bears NS0o35'27"E; Thence S09°26'05"E, 150.76 feet; Thence S37o16'44"W, 213.34 feet; Thence S52o43'16"E, 28.48 feet; Thence S37o16'44"VV, 226.00 feet; Thence S52o43'16"E, 258.85 feet, to a Point on the South Line of the Southeast Quarter of said Section 22, and the South Line of Auditor's Parcel 2001045, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 94, of the Records of the Johnson County Recorder's Office; Thence S88o23'31"W, along said South Line, 1383.16 feet, to the Point of Beginning. Said Tract of land contains 59.33 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Resolution No. 04-126 Page 2 WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2003) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 4th day of Nay ,20 04 . Approved by CITY'CLERK city Attorney's Office It was moved by 0' Donne] ] and seconded by E]] iott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X __ O'Donnell X __ Vanderhoef X Wilbum STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp Item: SUB04-00009, Sand Hill Estates, Part 1 Date: April 15, 2004 GENERAL INFORMATION: Applicant: Southgate Development 755 Mormon Trek Blvd. Iowa City, IA 52246 337-4195 Applicant's Engineer: Joe Holland 300 Brewery Square Iowa City, IA 52240 354-0331 MMS Consultants Inc. 1917 S. Gilbert St. Iowa City, IA 52240 351-8282 Requested Action: Final plat approval Purpose: A 56-1ot residential subdivision Location: East of South Gilbert Street Size: 59.33 acres Existing Land Use and Zoning: Undeveloped; IDRS, IDRM, OPDH-5 Surrounding Land Use and Zoning: North: Undeveloped; IDRM, ©PDH-5 South: Commercial; County A1 East: Undeveloped; OPDH-5 West: Commercial and Public; CC-2 & P Comprehensive Plan: The South District Plan identifies this area as predominantly single-family residential. Duplex housing with small areas of apartments are indicated along South Gilbert Street. File Date: April 8, 2004 45-Day Limitation Period: May 23, 2004 60-Day Limitation Period: June 7, 2004 2 BACKGROUND INFORMATION: The preliminary plat of Sand Hill Estates, a 379-1ot, 146.48-acre preliminary plat was approved in February 2004. The Applicant, Southgate Development, has applied for a final plat of the first 56 lots of Sand Hill Estates, including the 17.74-acre open space to be dedicated to the City. The plat also includes the first segment of the South District east/west arterial street, a planned arterial street between the Iowa River and Highway 1 at Scott Boulevard. ANALYSIS: Conformance with Preliminary Plat: The final plat is in general conformance with the preliminary plat. The subdivision consists of 56 single-family residential lots accessed from a series of local and collector streets. Included are three large outlots, including two reserved for future development (Outlots A and B), and one (Outlot M) to be dedicated to the City for open space and a prairie restoration project. A few small outlots are included as private open space adjacent to McCollister Court and the Langenberg Avenue/Covered Avenue Drive intersection. Outlot E, behind Lots 48-53, is intended to be a landscaping outlot to buffer the rear yards of these lots from McCollister Boulevard aderial street traffic - the applicant's engineer is preparing a landscaping plan for Outlot E, which should include a mixture of coniferous and deciduous species. Planned Development Variations: When the preliminary plat and OPDH plan were approved, several variations to the Iow-density, single-family standards were also approved, including permitting lots to be less than 8,000 square feet in size and less than 60 feet in width. When the City Council approved the OPDH plan, they added a condition that requires a 25-foot setback for lots less than 60' in width. The OPDH plan also included some streets less than the standard 28-foot wide street, including the south block of Oxen Lane, that serves 3 lots. The south block of Oxen Lane will be a 22-foot wide pavement with a sidewalk only on the residential side of the street. Staff had recommended allowing the narrower streets for lots that served a limited number of lots provided no on-street parking is permitted. A note on the plat states that this block of Oxen Lane will be posted as 'No Parking.' Open Space: Outlot M is the 17.74-acre open space to be dedicated to the City. The Applicant is proposing to dedicate it with the first final plat. The general framework of how this open space will be maintained, including frequency of burning, and general expectations that the land is to be used for a prairie restoration project, will be included as a legal document along with the subdivision legal papers. This will give the developer and future properly owners some expectations regarding this open space. A more detailed management plan including specific types of plants, plant locations, possible trail locations, etc. will be developed after the property is owned by the City and more detailed investigations can be done. Arterial Street: The first segment of the south district east/west arterial will be constructed as part of this plat. Staff has recommended McCollister Boulevard as a street name, due to the historic link of the McCollister name to the South District. James McCollister, an early settler of Johnson County, controlled an approximate 750 acre farm in the South District. The ten acre McCollister farmstead and house to the north is one of the few remaining links to the early European settlement of the area. Storm Water Management: The property contained in this plat will drain to the southwest, and will be detained with basins in Outlots A & B. Water Main Extension Fee: Fees of $395 per acre are required for the water main extension fee. 3 Sanitary Sewer Tap-On Fee: Fees of $1,796.50 per acre are required for portions of the development served by the South Sycamore Trunk Sewer district. Trail Extension: The construction plans include an extension of the Iowa River Corridor Trail, which will tie into the east/west arterial wide sidewalk. This trail is planned to extend southeast and connect to the Sycamore Greenway Trail in the long term. STAFF RECOMMENDATION: Staff recommends that SUB04-00009, a final plat of Sand Hill Estates, Part 1 a 59.33-acre, 56-1ot, single-family residential subdivision be approved subject to staff approval of legal papers and construction plans, and a landscaping plan for Outlot E, prior to Council consideration. Approved by: Robert Miklo, Senior Planner, Department of Planning and Gommunity Development ATTACHMENTS: 1. Location Map 2. Final Plat P Noproteon We th erb y Pork Pork ID-RM PUBLIC WORKS COMPLEX P CITY OF IOWA CITY CORF~ORATE LIMITS $]:'~'F_, ]_,OC_,A'I~:[01~': South Gilbert Street SUB04-O0009 FINAL PLAT SANDHILL ESTATES - PART ONE ,__._.--'---'_~.~_'._'-_--'~;-."ff."__.-_. IOWA CITY, IOWA '~oint~ - ~ ~ ~ of B~inni~ Prepared by: Steven Nasby, Community & Economic Dev. Coordinator, 410 E. Washington St., Iowa City, lA 52240 (319) 356-5248 RESOLUTION NO. 04-1;77 RESOLUTION ADOPTING IOWA CITY'S FY05 ANNUAL ACTION PLAN, WHICH IS A SUB-PART OF IOWA CITY'S 2001-2006 CONSOLIDATED PLAN (CITY STEPS), AS AMENDED, AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. WHEREAS, the U.S. Department of Housing and Urban Development requires the City of Iowa City, Iowa, to prepare and submit the FY05 Annual Action Plan as part of the City's 2001-2006 Consolidated Plan (CITY STEPS), as amended, to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission has held a series of meetings regarding the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for City of Iowa City fiscal year 2005; and WHEREAS, the City has disseminated information, received public input and held a public hearing on the FY05 Annual Action Plan; and WHEREAS, the FY05 Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto as Exhibit A; and WHEREAS, adoption of the FY05 Annual Action Plan will make Iowa City eligible for federal and state funds administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the FY05 Annual Action Plan and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City FY05 Annual Action Plan, filed in the office of the City Clerk, be and the same is hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City FY05 Annual Action Plan to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 3. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the FY05 Annual Action Plan. 4. The City Manager is hereby authorized to execute, terminate or amend CDBG and\or HOME Agreements entered into in connection with the allocation of public funds with subrecipients, Community Housing Development Organizations (CHDOs) or other legal entities. Resolution No. 04-127 Page 2 Passed and approved this 4th day of MaS ,2004. CIT¥,-CLERK City Attorney's Office It was moved by O'Donnell and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Exhibit A PROJECTS RECOMMENDED FOR FY05 CDBG AND HOME FUNDING (5~4~04) Request Council Approved ECONOMIC DEVELOPMENT PRO3ECTS (Set-aside $170f000) Economic Development Fund - City of Iowa City $170,000 $145,000 Subtotal $170, 000 $~ 45, 000 PUBLZC FACILI'I/ES PRO3ECTS (Est. Set-aside $367,000) Facility Construction - Iowa City Community School District $350,000 $325,000 Facility Rehabilitation - United Action for Youth $ 60,000 $ 30,000 Facility Rehabilitation - Old Brick Foundation $ 40,400 $ 30,000 Facility Rehabilitation - Free Lunch Program $ 3,384 $ 3,000 Facility Rehabilitation - Domestic Violence Intervention Program $ 4,478 $ 4,478 Facility Rehabilitation - Neighborhood Centers of 3ohnson County $ 8,600 $ 6,000 Facility Rehabilitation - 4Cs Child Care $ 35,090 $ 32,000 Subtota/ $501,952 $430,478 PUBLIC SERVICE PRO3ECTS (FY05 Statutory Cap $165,000) Operational Expenses - Compeer $ 6,000 $ 3,434 Case Nanagement - Iowa City Free Medical Clinic $ 30,000 $16,500 Shelter Coordinator - Shelter House $ 30,000 $16,500 Operational Expenses - Eagles Flight (Hannah's Blessing Daycare) $ 16,700 $ 6,000 Operational Expenses - Eagles Flight (Youth Program) $ 13,560 $ 3,635 Operational Expenses - Goodwill Industries $ 20,000 $ 8,000 Planning - Neighborhood Centers of Johnson County $ 20,000 $ 5,931 Aid to Agencies $105,000 $105.000 Subtota/ $241,260 $165,000 HOUSING PRO3ECTS (Est. Set-aside $951,000) Affordable Homeownership -Habitat for Humanity $350,000 $184,207 Affordable Rental Units - Blooming Garden L.P. $480,000 $200,000 Affordable Rental Units - Greater Iowa City Housing Fellowship $223,000 $190,000 Transitional Housing - Hawkeye Area Community Action Program $148,000 $148,000 Deposit Assistance Program - Shelter House $ 5,000 $ 5,000 Housing Rehabilitation -- City of Iowa City $200,000 $200.000 5ubtota/ $1,406,000 $ 927~207 ADMINISTRATION AND PLANNING HONE Program Administration $ 71,498 $ 71,498 CDBG Program Administration and Planning $164,1~00 $164,800 Subtotal $236~298 $236,298 TOTAL $2,555,510 $1,903,983 SOURCES OF FUNDS FY05 CDBG Entitlement $804,000 FY05 CDBG Estimated Program Income $ 20,000 Unexpended CDBG Funds (from contingency, projects and unallocated PI) $300.000 TOTAL CDBG $1,124,000 FY05 HONE Allocation $714,983 FY05 HONE Estimated Program Income $ S5,000 Unexpended HONE Funds (from unallocated P[) $ 10.000 TOTAL HOME $ 779,983 FY05 TOTAL $1fg03f983 Exhibit A PRO.1ECTS RECOMMENDED FOR FY05 , CDBG AND HOME FUNDZNG ~ HCDC (3/18/04) ,,~ Recommendation or Reouest Council Earmark* ECONOI~C DEVELOPMENT PRO3ECTS (Set-aside $170,000) Economic D~yelopment Fund - City of Iowa City* $170.000 ~ ~. Subtotal $170,000 7~170, 000 PUBLIC FACILI¥~ES PRO3ECTS (Est. Set-aside $367,000) Facilit, Construction?, Iowa City Community Schoo D str ct $350,000 / $300,000 Facilit, Rehabilitation %.United Action for Youth $ 60,000 / $ 30,000 Facilit, Rehabilitation - Old Brick Foundation $ 40,400/ $ 30,000 Facilit, Rehabi itation - Fr~ Lunch Program $ 3,38/4 $ 3,000 Facili~, Rehabilitation - Dom~tic Violence Intervention Program $ 4,~78 $ 4,478 Facilit, Rehabilitation - Neighb~rhood Centers of Johnson County $ ~',600 $ 6,000 Facili~, Rehabilitation - 4Cs Child~Care ~ $ 32.000 \~ Subtotal $/~01,952 $405, 478 PUBLTC SERVICE PROIECTS (FYi)5 Statutory Cap $165,000) / Operational Expenses- Compeer ~ / $ 6,000 $ 3,434 Case Management - Iowa City Free Medic~d~Clinic / $ 30,000 $16,500 Shelter Coordinator - Shelter House '.,. / $ 30,000 $16,500 Operational Expenses - Eagles Flight (Hannah~Blessing Daycare~ $ 16,700 $ 6,000 Operational Expenses - Eagles Flight (Youth Proc~m) / $ 13,560 $ 3,635 Operational Expenses- Goodwill Tndustries ~ / $ 20,000 $ 8,000 Planning- Neighborhood Centers of Johnson County~ // $ 20,000 $ 5,931 Aid to Agencies* .~ubtota/ $105,000 $105,000 $241,260 $16~,000 HOUSING PRO3ECTS (Est. Set-aside $951,00(,Y)/ Affordable Homeownership -Habitat for Humanity/ % $350,000 $:].84,207 Affordable Rental Units - Blooming Garden L.P./ ~ $480,000 $200,000 Affordable Rental Units - Greater Iowa City H~Jsing Fellowship $223,000 $190,000 Transitional Housing - Hawkeye Area Comrr/~nity Action Program $148,000 $148,000 Deposit Assistance Program - Shelter Ho~:e 5,000 $ 5,000 Housing Rehabilitation -- City of Iowa Cji* 000 $200,000 Subtotal 000 $ 927,207 ADMTNISTRATJON AND PLAN~I~NG HOME Program Administration/ $ $ 71,498 CDBG Program Administration~nd Planning $164.800 $164,800 // Subtotal $236,298 $236,298 , TOTAL $2,555,510 SOURCES OF FUNDS,/ FY05 CDBG Entitlen~t FY05 CDBG Estim,~ed Program [ncome $ 20 Unexpended CD/BG Funds (from contingency, projects and unallocated PI) / TOTAL CDBG FY05 HOME/~llocation $7~4,983 FY05 HO~E Estimated Program Income $ 55,000 Unexp/eflded HOME Funds (from unallocated P~) $ 10.000 / TOTAL HOME $ 779,983 ./ FY05 TOTAL $1,903,983 Prepared by: Ross Spitz, Civil Engineer, Public Works, 410 E. Washington St., iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 04-]28 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2004 PCC PAVEMENT PROJECT - DODGE STREET, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid secudty to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at City Hall, until 10:30 a.m. on the 25th day of May, 2004, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 1st day of June, 2004, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 44;h day of Hay ,20 04 ~ITY'"6~ERK ' Cit~, Attorney's Offic~ pwen gVes~P& S pcc~odge doc Resolution No, 04-128 Page 2 It was moved by Vanderhoef and seconded by E11 iott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Z Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 04-].29 RESOLUTION RESCINDING RESOLUTION NO. 79-462 AND ADOPTING IN LIEU THEREOF A NEW RESOLUTION FOR THE ESTABLISHMENT OF A SENIOR CENTER FUND FOR THE MANAGEMENT OF GIFTS, MEMORIALS, AND FUNDRAISlNG REVENUE TO THE IOWA CITY/JOHNSON COUNTY SENIOR CENTER. WHEREAS, the City Council wishes to establish a fund to receive gifts and memorials from citizens and private organizations and revenue from fundraising events to be used to develop and maintain Iowa City/Johnson County Senior Center ("Senior Center") programs and services; and WHEREAS, the Senior Center Commission should be able to donate monies from said fund under limited circumstances to a nonprofit corporation that exists solely to support the Senior Center; WHEREAS, there are funds in the account established pursuant to Resolution No. 79-462 known as "Multi-Purpose Senior - Center Fund" which should be transferred to the account established under this resolution; and WHEREAS, it is in the public interest for the Senior Center Commission to manage and direct said funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Gift Fund is established in the City of Iowa City, Iowa. The Finance Department of the City of Iowa City is authorized to establish the Gift Fund and shall keep all monies deposited in the Gift Fund and shall invest all monies in the Gift Fund as the Finance Department deems appropriate. 2. The Gift Fund shall be used solely to develop and maintain Senior Center programs and services, except as provided in Paragraph 3 below. 3. With the exception of those funds designated by donors' intentions ("designated funds"), the Senior Center Commission shall transfer all funds and assets in the Gift Fund to a nonprofit corporation that is formed in substantial conformity with the bylaws and articles of incorporation attached to this resolution on the condition that said funds and assets be used and invested solely for the benefit of the Senior Center through the Community Foundation of Johnson County. 4. The Senior Center Commission is authorized to oversee designated funds in the Gift Fund and to receive future gifts and bequests made to the Senior Center that are designated by donors' intentions. 5. The Gift Fund shall stand dissolved in the event of a decision to discontinue the Senior Center or a decision is made to replace or abolish the Senior Center Commission. All monies in the Gift Fund first will be used to help clear any remaining liabilities. The City Resolution No. ~)4-129 Page 2 Council may then obligate any remaining monies for such purposes it deems will appropriately serve the best interests the seniors in Iowa City. 6. Resolution No. 79-462 is rescinded and all other resolutions and parts of resolutions in conflict with the provisions of this resolution are hereby repealed. 7. All monies in the "Multi-Purpose Senior - Center Fund" shall be transferred to the Gift Fund. Passed and approved this 4th day of May ,2004. MAYOR Approv~ed by ~" CITY OLERK City Attorney's Office sue/ord&res/ResSrCtrGifiFund5~..doc Resolution No. 04-129 Page :~ It was moved by 0'Donnel 1 and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn ARTICLES OF INCORPORATION OF IOWA CITY SENIOR CENTER FUND INC. a non-profit Iowa corporation (Pursuant to the Provisions of Section 504A.29 of the Iowa Corporation Code) The undersigned have this day associated themselves for the purpose of forming a non-profit corporation under the laws of Iowa and adopt the following Articles of Incorporation. 1. Name. The name of this corporation is Iowa City Senior Center Fund, Inc. The duration of the corporation shall be perpetual. 2. Tax-Exempt Status. The tax exempt purposes of this corporation shall be to receive and maintain a fund or funds of real or personal property or both and, subject to the restrictions and limitations which are hereinafter set forth, to use and apply the whole or any part of the income from the principal of the fund or funds exclusively for charitable, scientific, literary or educational purposes intended to promote the health and welfare of persons over the age of fifty (50) years, either directly or by contributions to organizations that qualify as exempt organizations under Section 501(c) (3) of the Internal Revenue Code and its regulations as they now exist or any may hereafter be amended or to invest its funds for the benefit of the Iowa City/Johnson County Senior Center. Notwithstanding any other provision of these Articles of Incorporation, this corporation shall not conduct or carry on any activities not permitted to be conducted or carried on by organizations described in Section 501(c) (c) of the Internal Revenue Code and its regulations as they now exist or as they may hereafter be amended. 3. Tax-Exempt Status for Educational Association. This corporation shall not directly or indirectly perform any act or transact any business that will jeopardize the tax-exempt status of the corporation under Section 510(c) (6) of the Internal Revenue Code and its regulations, as such section and regulations now exist or may hereafter be amended, or under corresponding laws and regulations hereafter adopted. No part of the assets or the net earnings of the corporation, current or accumulated, shall inure to the benefit of any private individual. 4. Purpose of Non-Profit Corporation. The purpose of this corporation shall be as follows: 1. to receive, collect, and disburse donations received exclusively for the Community Foundation of Johnson County established for the benefit of the Iowa City/Johnson County Senior Center and to invest said funds in said foundation to promote the health and welfare of persons over the age of fifty (50) years and to assist in the operations of the Iowa City/Johnson County Senior Center. 2. said funds shall be disbursed in such a way to qualify under Section 501(c) (3) of the Internal Revenue Code and its regulations as they now exist or may hereafter be amended. 5. Powers. In furtherance of its objectives and to provide funds therefor, this corporation shall have the capacity and power to do any and all things necessary and appropriate to their accomplishment, including but not limited to: a. To hold, manage and administer any and all real and personal property of every kind and description acquired by the corporation; to use and apply the whole or part of the income therefrom and the principal interest thereof exclusively for charitable, scientific, literary or educational purposes, either directly or by contributions to organizations that qualify as exempt organizations unde~ ~ion 501(c) (3) of the Iht~rh~i Revenue Code and its regulations as they now exist or as they may hereafter be amended. b. To accept and receive by gift, devise, bequests or otherwise for the uses and purposes of this corporation, any property - real, personal or mixed - of any kind, nature or description. c. To acquire by purchase, lease or otherwise; to own, hold, maintain and improve; to sell, exchange, mortgage, license, lease or otherwise dispose of, such real and personal property as may be necessary to further accomplish this corporation's purposes. d. To invest and reinvest its funds and assets, subject to the limitations and conditions contained in any gift, devise, bequest or grant; provided, however, that such limitations and conditions are not in conflict with the provisions of Section 501(c) (3) of the Internal Revenue Code and its regulations as they now exist or as they may hereafter be amended. e. To make and enter into contracts and agreements of every kind and description necessary to further the purposes of this corporation and to apply for, receive, contract, administrate, and perform gifts, grants, awards, contracts and programs to accomplish its purposes with any and all governmental, charitable, educational, or scientific organizations. f. To exercise all rights and privileges appurtenant to any securities or any property held by this corporation, including, but without limitation to, the right to vote any share of stock which may be held by this corporation. g. To act as trustee of funds for trusts created solely for charitable, religious, scientific, literary or educational purposes as shall be in furtherance of the purposes and objectives of this corporation. h. To do any and every act or thing, and to engage in any other activity or undertaking necessary or convenient to the fulfillment of the purposes of this corporation which a corporate body may lawfully do or perform; provided, however, that only such acts or things shall be done and such activities or undertaking engaged in as are in furtherance of the tax-exempt purposes of this corporation and as may be done or engaged in by an organization exempt under Section 501(c) (3) of the Internal Revenue Code and its regulations as they now exist or as they may hereafter be amended. i. No substantial part of the activities of this corporation shall be carrying on propaganda or otherwise attempting to influence legislation, and this corporation shall not participate in (including the publication or distribution of statements) any political campaign on behalf of any candidate for public office. j. To hold meetings, lectures, and other educational, business, and social programs, to engage speakers, to compile and distribute information, and to provide printed material, forms, recordings, and other presentations or materials for the benefit of the members and/or the public. k. To collect dues, to engage in fund-raising activities, and to borrow money and to issue notes and other evidences of indebtedness and obligations from time to time for any lawful corporate purpose or objective, and to mortgage, pledge, and otherwise charge any or all its properties, rights, privileges, and assets to secure the payment thereof. 1. To establish terms and conditions of membership in the corporation. m. To do any and every act or thing, and to engage in any other activity or undertaking necessary or convenient to the fulfillment of the purposes of this corporation which a corporate body may lawfully do or perform; provided, however, that only such acts or things shall be done and such activities or undertaking engaged in as are in furtherance of the tax-exempt purposes of this corporation and as may be done or engaged in by an organization exempt under Section 501(c) (3) of the Internal Revenue Code and its regulations as they now exist or as they may hereafter be amended. 6. Non-Profit Status. This corporation shall be a non-profit corporation and shall have no capital stock, and no dividends or pecuniary profits shall be declared or paid to the directors, officers, or members thereof. No part of the net earnings of this corporation shall inure to the benefit of any director, officer, or member of this corporation or any private individual, provided, however, that reasonable compensation may be paid for services rendered to this corporation in the furtherance of its purposes. 7. Directors: The number of Directors constituting the initial board of directors is seven (7). 8. Reqistered Aqent. This corporation appoints Jay H. Honohan, who has been a bona fide resident of the State of Iowa for at least three years, as its Registered Agent in and for the State of Iowa. This appointment may be revoked at any time by the Board of Directors authorizing and directing the filing of a statement with the Iowa Secretary of State. 9. Known Place of Business. The known place of business of the corporation shall be: 28 S. Linn, Iowa City, Iowa 52240 and at such other places as from time to time may be selected by the Board of Directors. 10. Board of Directors. The number of directors of the corporation shall be fixed and may be altered from time to time as may be provided in the by-laws. In case of any increase in the number of directors, the additional directors may be elected by the directors or by the members at an annual or special meeting, as shall be provided in the by-laws. The names and addresses of the members of the initial Board of Directors, who shall serve until their successors are qualified according to the by-laws, are: Lori L. Benz Charity Rowley Jay H. Honohan 2012 Dunlap Ct. 701 Oaknoll Drive 1510 Somerset Lane Iowa City, IA 52245 Iowa City, IA 52246 Iowa City, IA 52240 Betty Kelly Nancy Wombacher Josephine Hensch 1108 Sunset St. 3644 Elgin Drive 3107 Balfour Place Iowa City, IA 52246 Iowa City, IA 52245 Iowa City, IA 52240 Sarah Maiers 4010 Will Ct. SW Oxford, IA 52322 The Board of Directors shall have full power to adopt, alter and amend the by-laws of this corporation and to make proper rules and regulations for the transaction of its affairs. 1. Incorl~orators. The names and addresses of the undersigned incorporators are: Lori L. Benz Charity Rowley Jay H. Honohan 2012 Dunlap Ct. 701 Oaknoll Drive 1510 Somerset Lane Iowa City, IA 52245 Iowa City, IA 52246 Iowa City, IA 52240 Betty Kelly Nancy Wombacher Josephine Hensch 1108 Sunset St. 3644 Elgin Drive 3107 Balfour Place Iowa City, IA 52246 Iowa City, IA 52245 Iowa City, IA 52240 Sarah Maiers 4010 Will Court SW Oxford, IA 52322 All powers, duties and responsibilities of the incorporators shall cease at the time of delivery of these Articles of Incorporation to the Iowa Secretary of State for filing. 12. Indemnification of Officers, Directors, Employees and Aqents. Subject to the provisions of this Article, the corporation shall indemnify and all its existing and former directors, officers, employees and agents against all expenses incurred by them and each of them including but not limited to legal fees, judgments, penalties and amounts paid in settlement or compromise which may arise or be incurred, rendered, or levied in any legal action brought or threatened against any of them for or on account of any action or omission alleged to have been committed while acting within the scope of services or employment as director, officer, employee or agent of the corporation, whether or not any action is or has been filed against them and whether or not any settlement or compromise is approved by a court. Indemnification shall be made by the corporation whether the legal action brought or threatened is by or in the right of the corporation or by any other person. Whenever any existing or former director, officer, employee or agent shall report to the president of the corporation or the chairman of the Board of Directors that he or she has incurred or may incur expenses, including but not limited to legal fees, judgments, penalties, and amounts paid in settlement or compromise in a legal action brought or threatened against him or her for or on account of any action or omission alleged to have been committed by him or her while acting within the scope of his or her services or employment as a director, officer employee or agent of the corporation, the Board of Directors shall, at its next regular or at a special meeting held within a reasonable time thereafter, determine in good faith whether, in regard to the matter involved in the action or contemplated action, such person acted, failed to act, or refused to act willfully or with gross negligence or with fraudulent or criminal intent. If the Board of Directors determines in good faith that such person did not act, failed to act, or refused to act willfully or with gross negligence or with fraudulent or criminal intent or in regard to the matter involved in the action or contemplated action, indemnification shall be mandatory and shall be automatically extended as specified herein; provided, however, that no such indemnification shall be available with respect to liabilities under the Securities Act of 1933 and provided further that the corporation shall have the right to refuse indemnification in any instance in which the person to whom indemnification would otherwise have been applicable shall have unreasonably refused to permit the corporation as its own expense and through counsel of its own choosing, to defend him or her in the action. 13. Amendment of A~ticles of Incorporation. These Articles of Incorporation may be amended by the affirmative vote of a majority of the members of this corporation at a meeting called for that purpose; provided, however, that in no event shall the purposes of this corporation be changed, and Articles 5 and 12 hereof shall not be altered or amended in any manner or way whatsoever. WE THE UNDERSIGNED, for the purpose of forming a not for profit corporation under the laws of the State of Iowa, certify that the facts herein stated are true, and have accordingly hereunto set our hands this date: CHmU~Y R~ ~ARAH MAIERS wpg\office\jay.srctr-articles BY-LAWS of IOWA CITY SENIORS FUND INC. an Iowa non-profit corporation Effective date of Incorporation: State of Corporation: Iowa Fiscal Year End: June 30th Part One Introduction 1.1 References to Articles. Any reference herein made to the Articles will be deemed to refer to its Articles o£Incorporation and all amendments thereto as at any given time on £~le with the Iowa Secretary of State, together with any and all certificates theretofore £~led by the corporation with the Iowa Secretary of State pursuant to Iowa law. 1.2 Seniority of Laws Articles by-laws, Policies and Resolutions. The governing law relevant to the conduct of this corporation shall be the laws of the United States, laws of the State of Iowa, the Articles of Incorporation of this corporation, the by-laws of this corporation, and the corporate policies and resolutions that are passed from time to time by the members and directors. If there is any inconsistency between these con~rolling bodies of law, then any inconsistency is to be resolved in favor o£ the senior body of law and the junior bodies of law are deemed automatically amended. The of~icers, directors and members o£the corporation shall make every effort to generally amend the junior bodies of law whenever necessary so that inconsistencies will be corrected. However, whether or not these inconsistencies are corrected, the senior body o£1aw will still prevail until such correction is made. The priority of the governing bodies o£1aw are as follows: (a) laws of the United States; (b) laws o£the State of Iowa; (c) Articles of incorporation o£this corporation; (d) by-laws of this corporation; (e) policies of this corporation; and (~) resolutions passed by this corporation. 1.3 Policies. In addition to the A~icles, by-laws and resolutions, the directors or executive con~ani~tee may adopt, from time to time, certain "policies." These policies shall be considered as controlling regulations for the conduct of the corporation and shall be permanent until amended. It is contemplated that the by-laws of this corporation shall contain those permanent legal provisions which are required by statute or some legal and parliamentary custom, are not subject to frequent change and are usually prepared upon the legal advice o£ a lawyer; whereas policies are adopted by the management o£ the corporation to conduct the non-legal affairs of the corporation and will not require the presence or concurrence of a lawyer or other professional adviser. The purpose of setting up a distinction between the by-laws and policies is to reduce the amount o£involvement of the attorney in the day-to-day affairs o£the corporation and to give the corporation the leeway to adopt policies of all types without creating complex and lengthy documentation which must be reviewed by corporate counsel, the corporate certified public accountant on an audit, or by tax auditors o£the government. Wherever possible, the policies, o£ the corporation shall be kept in a separate policy book so as not to confuse them with the by-laws and articles. Whenever it is apparent to any member, director, officer or adviser that any of the policies are inconsistent with the laws of the U~ted States, laws of the State of Iowa, Articles o£ this corporation, or by-laws of tl~s corporation, they shall £orthwith be amended. An up-to-date copy of all policies which have been adopted by the board of directors or executive committee shall be kept by the president and no policy shall be deemed in effect until it has been placed in the policy notebook of the corporation with the signature of the president on the policy and the initials of the president on each page of the policy. The purpose of this signing and initialing requirement is to eliminate any doubt as to which policies are in effect and which policies are not. The effective date of each policy shall be designated at the end of the text of each policy when it has been adopted and should a page of the policy be amended from time to time, the corporation shall place the effective date of the change on that replacement page, indicating the date of the amended page, that it is an amendment, and the signature of the president. Should any person of the corporation desire to ascertain the then existing policies of the corporation, he may contact the president and make copies of the duly signed and initialed policies of the corporation. Alt policies adopted shall be consistent with the purpose of the corporation specifically to receive, collect, and disburse donations received exclusively for the Community Foundation of Johnson County established for the benefit of the Iowa City/Johnson County Senior Center and to invest said funds in the foundation to promote the health and welfare of persons over fifty (50) years and to assist in the operations of the Iowa City/Johnson County Senior Center. Part Two Members and Certificates 2.1 Members. This sole members of this corporation shall be the duly appointed and acting members of the Iowa City/Johnson County Senior Center Commission. The initial members of the corporation shall be the 2004 Commission members. When a Commission member's term expires or he or she resigns or is replaced by the Iowa City Council or the Senior Center Commission, the person who fills the term of said Commission member shall automatically become a member of this corporation. 2.2 Transfer of Memberships. Membership in this corporation is not transferable or assignable. 2.3 Votine Riehts. Members shall be entitled to vote at the annual members' meeting for the election of directors and for other matters which have a permanent or long-lasting effect on the operation of the corporation. 2.4 Compensation and Expenses to Members. Members shall not receive compensation or expenses for attendance at any meeting of the members. Members shall not receive any stated salary for their services as such. However, the board of directors shall have power in its discretion to contract for and to pay special compensation to members rendering unusual or special services to the corporation the value of such services. No compensation or expenses shall be paid to any member unless a certificate of resolution authorizing such compensation or expenses has been signed or initialed by the legal counsel for the corporation and either a certified public accountant or tax attorney, certifying that the compensation or expenses to the member complies with law and that such compensation or payment of expenses does not result in the corporation losing its tax-exempt status. Part Three Members' Meetings 3.1 Regular and Special Meeting; Place of Meetings. The annual meetings shall be the only regular meetings of the members. Special meetings of the members may be held when called as hereinafter provided. Any members' meetings may be held within or without the State of Iowa, but shall always be held at the time and place fixed in the call for such meeting or in any resolution adjourning the same. If no other place is designated in the resolution adjourning such meeting, the adjourned meeting shall be held at the place designated in the call for the meeting. 3.2 Annual Meeting. The annual meeting of the members for the election of directors shall be held-on the 3rd Tuesday in January of each year in conjunction with the regular meeting of the Iowa City/Johnson County Senior Center Commission. If, for any reason, such meeting shall not be held or a board of directors shall not be elected at such meeting or at an adjournment thereof, a board of directors may be elected at a special meeting to be called by the board of directors then in office or upon their order. 3.3 Special Meetings. Special meetings of the members, for any purpose or purposes other than the election of directors as hereinabove provided, may be held at the call of the chair of the board, the president of the corporation or the board of directors, and shall be called by the president at the request of the holders of one-tenth of all the members of the corporation entitled to vote at the meeting. All special meetings shall be held in conjunction with a regular or special meeting of the Iowa City/Johnson County Senior Center Commission. 3.4 Ouorum. Except as otherwise provided by law, four members of the board of directors shall constitute a quorum at any meeting. 3.5 Notice. Notice of all members~ meetings shall be in writing, signed, by an officer of the corporation. A copy of such notice shall be sent by mail not tess than 3 calendar days nor more than 10 calendar days prior to the date of the meeting, unless a longer period is required by law, to each member of record entitled to notice of such meeting, at the registered post office address of such member as it appears on the records of the corporation. Such notice shall state the time and place of the meeting and the purpose for which it is called, so far as is known at the date of the notice, and if the call be for an annual meeting, the notice shall so state. Such notice shall be sufficient for such meeting and any adjournment thereof. Any member may waive notice of any meeting either before, at, or after the meeting. 3.6 Informalities and Irregularities. All informalities or irregularities in any call or notice ora meeting, or in the areas of credentials, proxies, quorums, voting and similar matters, will be deemed waived, if no objection is made at the meeting. 3.7 Lack of Quorum. If a sufficient number of voting members constituting a quorum is not present, the presiding officer may adjourn the meeting to a date and hour fixed by the officer, provided he or she gives reasonable notice in writing or be telephone, telegram, personal visit, or other appropriate means of the date and time of the continued meeting. 3.8 Informal Action. Any action which under any provisions of the Iowa Non-Profit Corporation law may be taken at a meeting of the members may be taken without a meeting if a consent in writing, setting for the action so taken, shall be signed by two-thirds of the persons entitled to vote with respect to the subject matter thereof. Such consent shall be filed with the secretary of the corporation. 3.9 Waiver. When the members entitled to vote shall be present or expressly waive their presence at a meeting, and shall sign a written consent thereto on the record thereof, all the acts of such meeting shall be binding, regardless of the mariner in which the meeting is called. 3.10 Presiding Officer. The president of the corporation or a chair elected by the members, shall preside over the meeting of the members, and the secretary o£the corporation, the corporate attorney, or a secretary designated by the members shall be the recording secretary for the meeting. 3.11 Business to be Transacted. Any question may be considered and acted upon at an annual meeting, but no question not stated in the call for a special meeting shall be acted upon thereat except by the consent of a majority of the aggregate votes that the members of the corporation are presently entitled to. 3.12 Voting. Members shall be entitled to one vote each. 3.13 Order of Business. The order of business at meetings shall be as follows: a. Call to order b. Reading of minutes of previous meeting c. Receiving communications d. Reports of officers e. Reports of committee heads and committee members f. Other reports g. Unfinished business h. New business i. Adjournment The order o£bnsiness may be altered or suspended at any meeting by a majority vote of the members present. 3.15 Inspection of Records. The books of account and membership records of the corporation shall be available for inspection at reasonable times by any member Of the corporation and shall be open to any member of the public who requests it. Part Four Board of Directors 4.1 Number and Eligibility. The board of directors shall be the members of the corporation specifically the members of the Iowa City/Johnson County Senior Center Commission. 4.2 Annual Meeting and Election of Members of the Board. At the annual meeting of the members, the board of directors shall elect a chair from among its number, who shall hold office for a period of one year or until her or his successor has been duly elected and qualified. It shall be the duty of the chair to preside at all meetings of the members and board of directors, and to insure compliance with the laws of the state, the Articles of Incorporation, and the by-laws as herein set forth, and to perform such duties as may be delegated to him or her and prescribed by the board of directors. 4.3 Election of Officers. At the annual meeting of the board of directors, the board shall elect the officers of the corporation as follows: a president, a vice president, a secretary, and such other officers with such titles and with such powers and duties as may be deemed necessary by the board of directors. The treasurer of the corporation shall be the Coordinator of the Iowa City/Johnson County Senior Center or her or his designee. 4.4 Special Meetings. Special meetings of the board of directors may be held from time to time upon call issued by the chair, the president, a majority of the directors, or two-thirds of the members of the corporation. Such meetings may be held either within or without the State of Iowa, and may be held by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in a meeting pursuant to this provision shall constitute presence in person at such meetings. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Notice of special meetings of the board shall be signed by the person or persons calling the same as aforesaid, or by someone designated and so authorized and instructed by the person or persons calling the same and shall be sent by mail to each director at his or her post office address of record with the corporation not less than five calendar days and not more than 20 calendar days prior to the date of the meeting. Such notice shall state the time and the place of the meeting and the purposes for which it was called. 4.5 Quorum and Waiver of Notice. A majority of the members of the board at the time holding office shall constitute a quorum for the transaction of business. No special meeting of the board shall be valid unless notice of the meeting has been mailed to each board member as provided in paragraph 4.5 above, or the giving of such notice shall have been waived in writing. 4.6 Voting. Each director present shall be entitled to one vote at each director's meeting. The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. 4.7 Presumption of Assent. A director ora corporation who is present at a meeting of the board of directors or of any committee, at which action is taken on any corporate matter, will be presumed to have assented to the action taken unless her or his dissent is entered into the minutes of the meeting, or unless he or she filed a written dissent of such action with the person acting as secretary of the meeting before the adjournment of the meeting, or forwarded the dissent by registered mail to the secretary of the corporation immediately after the adjournment .of the meeting. The right to dissent will not be available to a director who voted in favor of the action. 4.8 Filling Vacancies. When a vacancy in the board of directors is caused by the death, resignation, removal, or other disqualification of a director said vacancy shall be filled by the person appointed by the City Council of Iowa City or the Commission to serve on the Iowa City/Johnson County Senior Center Commission. The successor's term shall be the same as the person replaced. 4.9 Tenure. The directors shall hold office from the time of election until the next annual election of directors as provided by bylaws, or until their successors are duly elected and qualified. Any member of the board of directors who absents herself or himself from three consecutive meetings of the board may have his or her office declared vacant by a majority of the directors present at any subsequent meeting. 4.10 Compensation for Non-Profit Corporate Directors. Neither the officers, directors, nor members serving on committees shall receive any salary or compensation for services rendered to the corporation. 4.11 Powers. The business of this corporation shall be conducted by the board of directors, and the board shall have the right to prescribe the duties of all officers. 4.12 Action by Resolution. The board of directors shall, except as otherwise herein provided by law, have power to act in the following manner: A resolution in writing, signed by all of the members of the board shall be deemed to be action by such board to the effect therein expressed, with the same force and effect as if the same had been duly passed by the same vote at a duly convened meeting, and it shall be the duty of the secretary of the corporation to record such resolution in the minute book of the corporation under its proper date. 4.13 Lack o~uorum. If a sufficient number of directors constituting a quorum is not presem, the chair so presiding may adjourn the meeting to a date and hour fixed by the chair, provided he or she gives reasonable notice in writing, by telephone, telegram, personal visit, or other appropriate means of the date and time of the continued meeting. 4.14 Informalities and Irregularities. All informalities or irregularities in any call or notice of a meeting, or in the areas of credentials, quorums, voting and similar matters, will be deemed waived if no objection is made at the meeting. 4.15 Executive Committee. The Board of Directors, by resolution adopted by a majority of the full board, may designate two or more of its members to constitute an Executive Committee. The designation of such committee and the obligation thereto of authority shall not operate to relieve the Board of directors, or any members thereof, of any responsibility imposed by law. a. Authority. The Executive Committee, when the board of directors is not in session, shall have and may exercise all the authority of the Board of Directors except to the extent, if any, that such authority shall be limited by the resolution appointing the Executive committee and except also that the Executive Committee shall not have the authority of the Board of Directors in reference to amending the Articles of incorporation, adopting a plan of merger or consolidation, recommending to the members the sale, lease or other disposition of all or substantially all the property and assets of the corporation otherwise than in the usual and regular course of its business, recommending to the members a voluntary dissolution of the corporation or a revocation thereof, or amending the by-laws of the corporation. b. Tenure and Qualifications. Each member of the Executive Committee shall hold office until the next regular annual meeting of the Board of Directors following her or his designation and until his or her successor is designated as a member of the Executive Committee and is elected and qualified. c. Meetings. Regular meetings of the Executive Committee may be held without notice at such times and places as the Executive Committee may fix from time to time by resolution. Special meetings of the Executive Committee may be called by any member thereof upon not less than one day's notice stating the place, date and hour of the meeting, which notice may be written or oral, and if mailed, shall be deemed to be delivered when deposited in the United States mail addressed to the member of the Executive Committee at his business address. Any member of the Executive Committee may waive notice of any meeting and no notice of any meeting need be given to any member thereof who attends in person. The notice of a meeting of the Executive Committee need not state the business proposed to be transacted at the meeting. d. Quorum. A majority of the members of the Executive Committee shall constitute a quorum for the transaction of business at any meeting thereof and action of the Executive Committee must be authorized by the affirmative vote of a majority of the members present at a meeting at which a quorum is present. e. Action Without a Meeting. Any action that may be taken by the Executive Committee at a meeting may be taken without a meeting if a consent in writing, setting forth the action so to be taken, shall be signed before such action by ail the members of the Executive Committee. f. Vacancies. Any vacancy in the Executive Committee may be filled by a resolution adopted by a majority of the full Board of Directors. g. Resignations and Removal. Any member of the Executive Committee may be removed at any time with or without cause by resolution adopted by a majority of the full Board of Directors. Any member of the Executive Committee may resign from the Executive Committee at any time by giving written notice to the president or secretary of the corporation, and unless otherwise specified thereof, the acceptance of such resignation shall not be necessary to make it effective. h. Procedure. The Executive Committee shall elect a presiding officer from its members and may fix its own rules of procedure which shall not be inconsistent with these by-laws. It shall keep regular minutes of its proceedings and report the same to the Board of Directors for its information at the meeting thereof held next after the proceedings shall have been taken. 4.16 Special Committees. The board of directors may also, from time to time, appoint any other special committees deemed by it expedient, and refer to such special committees any special matters with instructions and powers to act. All such special committees shall keep regular minutes of the transaction of their meetings and make such minutes available to the board of directors at the next meeting thereof following the proceedings of the special committee. Part Five Officers, Powers and Duties 5.1 Officers. The officers of this corporation shall consist of a president, a vice president, a secretary, a treasurer, and such other officers with such titles, powers and duties as may be prescribed by the board of directors. 5.2 Tenure. All officers shall hold office from the time of their election until the next annual election of officers or until their respective successors are elected and qualified, provided, however, any officer may be removed from office by a majority vote of the directors at any legally held meeting of the board. 5.3 Bonds and Other Requirements. The board of directors may require any officer to give bond to the corporation (with sufficient surety and conditioned for the faithful performance of the duties of her or his office) and to comply with such other conditions as may from time to time be required of him or her by the board. 5.4 Removal of Officers. If the majority of the board concurs, the board of directors may at any time, with or without cause, remove any officer or agent of the corporation and declare his or her office or offices vacant or, in the case of the absence or disability of any officer or for any other reason considered sufficient, the board may temporarily delegate his or her powers and duties to any other officer or to any director. 5.5 President. In the absence of the chair, the president shall preside at all meetings of the members and board of directors. The president, along with other authorized officers, shall sign for and on behalf of the corporation, or in its name, all certificates of membership, deeds, mortgages, contracts and other instruments in writing, except that contracts may be signed with like effect by any other officer or employee of the corporation specified in these by-laws or designated by the board of directors. While actively engaged in conducting the business of the corporation, she or he shall be charged with all the duties and have all the authority customarily performed and exercised by the chief executive of a corporation organized under the laws of Iowa, and shall perform such other duties as may be prescribed by the board. 5.6 President Elect. The board of directors may elect a "president elect" who shall be designated to succeed the president after the expiration of his or her term, when the board of directors deems it advisable, for purposes of continuity, to name the next succeeding president. 5.7 Vice President. The vice president shall have and may exercise such powers and shall perform such duties as may be delegated by the board of directors or the president of the corporation. The vice president shall, in the event of the death, absence, or other disability of the president, perform all the duties and exercise all the authority of the president. 5.8 Secretary. It shall be the duty of the secretary to record and keep the minutes of all meetings of the members, the board of directors, and the executive corranittee of the board of directors. At the expiration of her or his term, from whatever cause, he or she shall surrender all books, moneys, papers and property of the corporation to his successor. 5.9 Treasurer. The treasurer shall be the custodian of all moneys belonging to the corporation and shall hold all funds of the corporation subject to the order of the board of directors or persons thereunto authorized by the board of directors. She or he shall deposit the funds of the corporation with such bank or banks as the board of directors may approve and designate. At each armual meeting of the members, and at each annual meeting of the directors, and whenever called upon at any other directors' meeting, he or she shall make a complete and correct report of the accounts and disclose the tree financial condition of the corporation. The treasurer shall be an ex-officio member of the Board of Directors. 5.10 Other Officers. If an assistant secretary be elected by the board of directors, she or he shall have and may exercise the same powers and perform the same duties as the secretary. 5.11 Compensation for Non-Profit Corporate Officers. The officers shall not receive any salary or compensation for services rendered to the corporation. 5.12 Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled by the board of directors for the unexpired portion of the term. Part Six Corporate Seal 6.1 Description. The corporation shall not have a corporate seal. Part Seven Contracts, Deposits and Withdrawals of Corporate Funds 7.1 General. Ali moneys of every kind belonging to the corporation shall be deposited to its credit in a bank or banks designated by the board of directors, and no moneys shall be withdrawn therefrom unless the checks or other orders evidencing such withdrawals are signed by such officers or employees of the corporation as may be designated by resolution of the board of directors duly adopted. 7.2 Contracts. The board of directors may authorize any officer or officers, agent or agents of the corporation, in addition to the officers so authorized by these by-laws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances. In the absence of such determination by the board of directors, contracts must be signed by the president and secretary of the corporation and initialed by an attorney licensed in the state where the contract is executed. 7.3 Checks, Drafts, Etc. All checks, drafts, orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the corporation shall be signed by such officer or officers, agent or agents of the corporation and in such manner as shall from time to time be determined by resolution of the board of directors. In the absence of such determination by the board of directors, such instruments shall be signed by the treasurer or an assistant treasurer and countersigned by the president or a vice president of the corporation. 7.4 Deposits. All funds of the corporation shall be deposited from time to time to the credit o£the corporation in such banks, trust companies, or other depositories as the board of directors may select. 7.5 Gifts. The board of directors may accept on behalf of the corporation any contribution, gift, bequest or devise for the general purposes or for any special purpose of the corporation. Part Eight Amendments 8.1 Vote Required. These by-laws may be enlarged, amended or repealed by a two-thirds vote of the members of the corporation at any regular meeting of the members or at any special meeting of the members called for that purpose, or by a two-thirds vote of the board of directors at any meeting of the board of directors called for that purpose. 8.2 Meetin~ for Ado~ Such amendment, enlargement or repeal may be adopted at any annual meeting of the members without previous notice, but if contemplated at a special members meeting, notice thereof shall be given in the call for the meeting. Part Nine Fiscal Year 9.1 Fiscal Year. The fiscal year of the corporation is set forth on the caption page of these by-laws. Part Ten Miscellaneous 10.1 Exempt Activities. Notwithstanding any other provision of these by-laws, no member, trustee, officer, employee, or representative of this corporation shall take any action or carry on any activity by or on behalf of the corporation no permitted to be taken or carried on by an organization exempt under §50 1(c)(3) of the Internal Revenue Code and its regulations as they now exist or as they may hereafter be amended, or by an organization, contributions to which are deductible under § 170(c)(2) of such Code and Regulations as they now exist or as they may hereafter be amended. 10.2 Election of Chair Pro Tem. In the absence of the chair, the president, and any vice president at any members or directors meeting, the members or directors present shall elect a chair pro tem, who shall preside at the meeting and exercise the same powers as the chair, the president, or the vice president could if present. 10.3 Parliamentatw Law. When not in conflict with these by-laws, Robert's Rules of Order, Revised, 75th Anniversary Edition shall establish the rule of procedure at all members and directors meetings, and the provisions of that publication are incorporated by reference herein as the ruling law for this corporation. 10.4 Corporate Minute Books and Records. The minute books and records of this corporation shall be placed in the office of the Iowa City/Johnson County Senior Center Coordinator. 10:5 Non-Liabilit~ of Members. The members, officers and directors of this corporation shall not be individually liable for the corporation debts or other liabilities, and private property of such individuals shall be exempt from corporation debts or liabilities. 10.6 Indemnification of Officers. The corporation shall indemnify every person, his or her heirs, executors and administrators, against ail expenses reasonably incurred by such person in connection with any action, suit or proceeding to which such person may be made a party by reason of that person being or having been a director or officer of this corporation, or by reason of that person being or having been a director or officer of any other corporation of which this corporation is a shareholder or creditor, and from which other corporation such person is not entitled to be indemnified, or by reason of such officer or director or former officer or former director becoming a party to any such action, suit or proceeding at the request of or at the direction of this corporation or any successor hereto; provided, however, there shall be no indemnification in relation to any matter as to which such person shall be finally adjudged in such action, suit or proceeding to be liable for negligence or misconduct. In the event of a settlement of such action, suit or proceeding, indemnification of such person shall be provided only in connection with such matters covered by such settlements to which the corporation is advised by counsel that such person to be indemnified did not commit such a breach of duty. This right of indemnification shall be exclusive of other rights to which such person may be entitled. As used in this by-law, expenses shall include, but shall not be limited to, amounts of judgments, penalties or fines and interest thereon for reasonable periods of time, rendered, levied or adjudged against such persons, costs of the action, suit or proceeding, attorneys' fees, expert witness fees and amounts paid in settlement by such persons, provided that such settlement shall have been or is thereafter approved by the board of directors of this corporation. This by-law is made a part of these by-laws to comply with and to take full advantage of Iowa laws governing such indemnification. 10.11 Authoritw to Sell Corporate Assets. With the consent or ratification in writing or pursuant to the vote of a majority of members entitled to vote thereon, the board of directors will have the powers and authority to lease, sell, assign, transfer, conveyor otherwise dispose of the entire property of the corporation, irrespective of the effects thereof upon the continuance of the purposes of the corporation and the exercise of its franchise; but the corporation may not be dissolved except as provided by the laws of the State of Iowa. CERTIFICATION We, the undersigned, the duly elected and acting Directors of a non-profit Iowa corporation, do hereby certify that the within and foregoing by-laws were adopted as the by-laws of that corporation on, and that the same do now constitute the by-laws of that corporation. 1N WITNESS WHEREOF, we have hereunto subscribed our names this date: LORI L. BENZ CHARITY ROWLEY JAY H. HONOHAN BETTY KELLY NANCY WOMBACHER JOSEPHINE HENSCH SARAH MAIERS // Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. ~' RESOLUTION RESCINDING RESOLUTION NO. 79-462 AND AD(~PTING IN LIEU THEREOF A NEW RESOLUTION FOR THE ESTABLISHMEN/~' OF A SENIOR CENTE~ FUND FOR THE MANAGEMENT OF GIFTS,/FvIEMORIALS, AND FUNDRAI$.ING REVENUE TO THE IOWA CITY/JOHNSO/~ COUNTY SENIOR CENTER. x~, WHEREAS, the City Co,uncil wishes to establish a fund to rece/K,e gifts and memorials from citizens and private orgar~.ations and revenue from fundraisin.9'events to be used to develop and maintain Iowa Oity/Ji~nson County Senior Oenter ~)Senior Center") programs and services; and '~ /// WHEREAS, the Senior Cen:er -nmission should be .,at)le to donate monies from said fund under limited circumstances to onprofit corporation//that exists solely to support the Senior Center; / WHEREAS, there are funds in the est~lished pursuant to Resolution No. 79-462 known as "Multi-Purpose Senior - Fun~'r which should be transferred to the account established under this resolution; and WHEREAS, it is in the public interest for Center Commission to manage and direct said funds. ? ~4OW, THEREFORE, BE IT RESOLVE~) CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Gift Fund is established/in the City, Iowa. The Finance Department of the City of Iowa City is au~orized to Gift Fund and shall kee~ all monies deposited in the Gift Fun¢l and shall invest all in the Gift Fund as the Finance Department deems apprCpriate. The Gift Fund shall be/~sed solely to develop and Senior Center programs and 2. services, except as p/~Ovided in Paragraph 5 below. / 3. The Senior Center/Commission is authorized to r ht Gift Fund and to receive and administer g~& and bequests made to the Senior 4. expenses dire¢ly related to the securing of contributions to tf lift FUnd. A majority of tl~ Senior Center Commission shall approve expenditures including 5. A majority of/the Senior Center Commission may approve pe ]llocations of the Gift Fund to a n~nprofit corporation that is formed in substantial ~ity with the bylaws and articles/of incorporation attached to this resolution on that said monies be used and invested solely for the benefit of the Senior Center. Resolution No. Page 2 6. The Gift Fund shall stand dissolved in the event of a decision to discontinue the Senior Center or a decision is made to replace or abolish the Senior Center Commission. All monies in the Gift Fund first will be used to help clear any remaining liabilities. The City Council may then obligate any remaining monies for such purposes it deems will appropriately serve the best interests the seniors in Iowa City. 7. Resolution No. 79-462 is resc~(~ed and all other resolutions and p~c,t~ of resolutions in conflict with the provisions/of this resolution are hereby repeal/ed. "Multi-Purpose Senior - Center Fund" shall~ transferred to the Gift 8. A~I monies in the Fund. / Passed and approved this day of , ,2004. MAYOR Approved by V ATTEST: CITY CLERK City Attorney's Office OF %O~ CI~Y SENIOR CEN~ER ~ INC. a non-profit Iowa corporation (Pursuant to the Provisions of Section 504A.~ of the Iowa Corporatio~ Code) The undersigned have this day associ~ themselves for the purpose of formi~g a non-profit corporatl under the laws of Iowa and adopt the following Articles o ~ion. 1. Name. The name ~Qf this corporat is Iowa City Senior Center Fund, Inc. The duration of corporation shall be perpetual. 2. Tax-Exempt Status. tax purposes of this corporation shall be to maintain a fund or funds of real or personal property and, subject to the restrictions and limitation .ich are hereinafter set forth, to use and apply the whole or part of the income from the principal of the fund or exclusively for charitable, scientific, literary or [onal purposes intended to promote the health and welfare of ns over the age of fifty (50) years, either directly o] ~tributions to organizations that qualify as exempt organJ Section 501(c) (3) of the Internal Revenue Code its r~ ions as they now exist or any may hereafter be or invest its funds for the benefit of the Iowa C Senior Center. Notwithstanding any t of these Articles of Incorporation, this ion Il not conduct or carry on any activities not 2ted to be cted or carried on by organizations in Section )l(c) (c) of the Internal Revenue Code and regulations as now exist or as they may hereafter be amen, 3. ~tus for Educational This corporation sha not directly or indi~ ~ctly perform any act or transact any ;lness that will ~ ze the tax-exempt status of the under Section 510(c) 6) of the Internal Revenue Code its regulations, as su( section and regulations now exist or hereafter be amended, under correspondin~ laws and re¢ lations hereafter adopted, part of the assets or the net 's of the corporation, cur~. or accumulated, shall inure the benefit of any privateiindividual. 4. Purpose of Non-Profit Corporation. The purpose of this corporation shall be as follows: 1. to receive, collect, and disburse donations received exclusively for the Iowa City Community Fouhdation established for the benefit of the Iowa City/Johnson County Senior Center and to invest said funds in said foundation to promote the health and welfare of pers~s over the age of fifty (50) years and to assist in the operation~of the Iowa City/Johnson County Senior Center. 2. said fund~ shall be disbur$~ed in such a way to qualify under Section 501(c~(3) of the In~ernal Revenue Code and its regulations as they Now exist or may hereafter be amended. 5. Powers. In furtherance of ~its objectives and to provide funds therefor, this dQrporat$~n shall have the capacity and power to do any and al1 thing~ necessary and appropriate to their accomplishment, including but not limited to: a. To hold, manage~and administer any and all real and personal property of eve~ kind and description acquired by the corporation; to use and a~ly the whole or part of the income therefrom and the princ~a'% interest thereof exclusively for charitable, scientific~' library or educational purposes, either directly or by contrib~tion~ to organizations that qualify as exempt organizations dnder S~ction 501(c) (3) of the Internal Revenue Code and its ?regulatiOns as they now exist or as they may hereafter be amende~ b. To accept/and receive bY gift, devise, bequests or otherwise for the ~ses and purposes of this corporation, any property - real, Personal or mix~ - of any kind, nature or description. c. To acqUire by purchase, le~se or otherwise; to own, hold, maintain and improve, to sell,'~exchange, mortgage, license, lease or otherWise dispose of, such r~al and personal property as may be necessary to further accomplish~this corporation's purposes. d. To invest and reinvest its funds~nd assets, subject to the limitations and conditions contained i~,any gift, devise, bequest or grant; provided, however, that s~qh limitations and conditions ~re not in conflict with the provi'$ions of Section 501(c)(3) of the Internal Revenue Code and its regulations as they now exist or as they may hereafter be amended. e. To make and enter into contracts and agreements of every kind and description necessary to further the purposes of this corporation and to apply for, receive, contract, administrate, and perform gifts, grants, awards, contracts and p~ 'rams to accomplish its purposes with any and all governmer charitable, educational, o~ scientific organizati f. To exercise all Lghts and privileges ~nant to any securities or any property by this corpo! including, but without limitation to, right to vote share of stock which may be held by this ¢ rporation. g. To act as trustee funds for t: created solely for charitable, religious, liter~ or educational purposes as shall be in ~rance of purposes and objectives of this corporatio] h. To do any and every ~ or and to engage in any other activity or or convenient to the fulfillment of the purposes corporation which a corporate body may lawfully do or ~ )vided, however, that only such acts or things shall be and such activities or undertaking engaged in as are furtherance of the tax-exempt purposes of this corporation a as may be done or engaged in by an organization exempt under 2ion 501(c) (3) of the Internal Revenue Code and its re¢ as they now exist or as they may hereafter be amended. / i. No substantial past of ~e activities of this corporation shall be carr~ying on ropaganda or otherwise attempting to influence leg ~, and this corporation shall not participate in (inciuding the :ation or distribution of statements) any political campaigr on behalf of any candidate for public office. j. To hold meetings, lectures and other educational, business, and socia~.~ programs, to ~age speakers, to compile and distribute information, and to printed material, forms, recordings, and ot~er presentations materials for the benefit of the members an~Yor the public. k. To collg~ct dues, to engage in g activities, and to borrow mo~ey and to issue notes other evidences of indebtedness an~ obligations from time time for any lawful corporate purpqse or objective, and to tgage, pledge, and otherwise charge any or all its pro~ rights, privileges, and assets to ~ecure the payment thereof. t. To establish terms and conditions .p in the corporation. m. To do any and every act or thing, and to engage in any other activity or undertaking necessary or convenient to the fulfillment of the purposes of this corporation/which a corporate body may lawfully do or perform; provided, however, that only such acts or things shall be done and such activities or undertaking engaged in ~s are in furtheranc~f the tax-exempt purposes of this corpo Ltion and as may be 90ne or engaged in by an organization exempt nder Section 501(c)..~3) of the Internal Revenue Code and its llations as they exist or as they may hereafter be amended. 6. Non-Profit Status. is corporatio lhall be a non-profit corporation and shall no capital and no dividends or pecuniary profits shall declared o paid to the directors, officers, or members ~. No pa of the net earnings of this corporation shall inur to the ~fit of any director, officer, or member of this )rpora .on or any private individual, provided, however, that )ensation may be paid for services rendered to this ion in the furtherance of its purposes. 7. Directors: The number of [rectors constituting the initial board of directors is seven 8. Re istered A ent. This )oration appoints Jay H. Honohan, who has been a bona fide t of the State of Iowa for at least three years, as its ~red Agent in and for the State of Iowa. This app may revoked at any time by the Board of Directors g directing the filing of a statement with the :retar~ State. 9. Known Place of The place of business of the corporation shall be 28 S. Linn, )wa City, Iowa 52240 and at such other places a~ from time to may be selected by the Board of Direc 10. Board of Directors. The number directors of the corporation shal~ be fixed and may be from time to time as may be provided in the by-laws. In ~ase of any increase in the number of di~rectors, the additional [irectors may be elected by the dlrector~ or by the members at or special meeting, as sh~ll be provided in the b The namej and addresses of the of the initial Board of Directors/~who shall serve until their :cessors are qualified a~ording to the by-laws, are. Lori L. Ben~ Charity Rowley J~y H. Honohan 2012 Dunlap Ct. 701 Oaknoll Drive 1510 Somerset Lane Iowa City, IA 52245 Iowa City, IA 52246 Iowa City, IA 52240 Betty Kelly Nancy Worabacher Hensch 1108 Sunset St. 3644 Elgin Drive 3107 Place Iowa City, lA 52246 Iowa City,~IA 52245 Iow~ IA 52240 Sarah Maiers 4010 Will Ct. SW Oxford, IA 52322 The Board of Directors sh~ll have full )ower to adopt, alter and amend the by-laws of this :orporation to make proper rules and regulations for the its affairs. 1. Incorporators. The names addrE of the undersigned incorporators are: Lori L. Benz Charity Jay H. Honohan 2012 Dunlap Ct. 701 Oaknol 1510 Somerset Lane Iowa City, IA 52245 Iowa City, 52246 Iowa City, IA 52240 Betty Kelly Nancy Josephine Hensch 1108 Sunset St. 3644 Elgi] Drive 3107 Balfour Place Iowa City, IA 52246 Iowa Cit IA 52245 Iowa City, IA 52240 Sarah Maiers 4010 Will Court SW Oxford, IA 52322 All powers, duties res sibilities of the incorporators shall cease at the time of these Articles of Incorporation to the I¢ of State for filing. 12. Indemnification Officers .rectors and Aaents. Subject to provisions f this Article, the corporation shall y and existing and former directors, officers~ employees and 'ents against all expenses incurred by them ax each of them %uding but not limited to legal fees, judgments, penalties and ~mounts paid in settlement or compromise which may arise or be n~urred, rendered, or levied in any legal act~n brought or threatened against any of them for or on account of/any action or omission~alleged to have been committed while/acting within the scope ~f services or emplo~ent as director, officer, employee or agent o~ the corporation, whether or not/any action is or has been ~l~d against them and whether or n0~ any settlement or compr0mis~ is apDroved by a court. Indemnification shall be made by th~corporation whether the legal act%on brought or threatened is by'or in the right of the corporation or by any other person. Whenever any existing or former director, officer, employee or agent shall report to the president of the or the chairman of the Board of Directors that he or incurred or may incur expenses, including but not limited t fees, judgments, penalties, and amounts paid in sett or compromise in a legal Iht or threa against him or her for or on account of an' action or omiss alleged to have been committed by him or hei while acting bin the scope of his or her services or as a direct~ officer employee or agent of the corporation, tile Board of D shall, at its next regular or at a specia meeting he within a reasonable time thereafter, determine n good fai whether, in regard to the matter involved in the ction or plated action, such person acted, failed to act or refu to act willfully or with gross negligence or with fr~ criminal intent. If the Board of Directo in good faith that such person did not act, failed t( or refused to act willfully or with gross negligence or or criminal intent or in regard to the matter involved the action or contemplated action, indemnification shall ,e mandatory and shall be automatically extended as sp~ [fied herein; provided, however, that no such %all be available with respect to liabilities under the ~s Act of 1933 and provided further that the corporation shall the right to refuse indemnification in any in which the person to whom indemnification would have been applicable shall have unreasonably refused to ~rmit ~e corporation as its own expense and through counsel of own choosing, to defend him or her in the action. 13. Amendment of of In These Articles of Incorporation may amended by affirmative vote of a majority of the of this Doration at a meeting called for that purpose; ~ovided, howeveI that in no event shall the purposes of this ~oration be ed, and Articles 5 and 12 hereof shall not altered or d in any manner or way whatsoever. WE THE for the purpose forming a not for profit corporation und. the laws of the \of Iowa, certify that the facts herein si are true, and have a~cordingly hereunto set our hands this date: · LORI L. BENZ CHARITY ROWLEY JAY H. HONOHAN ( BETTY KEy NANCY WOMBACHER JOSEP/NE HENSCH S~RAH MAIERS / Wl~9\office\j ay. srctr-arti¢les BY-LAWS of tion Effective State End: Part One Introduction 1.I References to Articles. Ant made to be deemed to refer to its Articles of Incorporation and all ~ given time on file with the Iowa Secretary of State any and all theretofore ~iled by the corporation with the Iowa Secretary of State Iowa law. 1.2 Seniority of Laws Policies The governing law relevant to the laws of the State of Iowa, the Articles of Incorporation of the by-laws of this corporation, and the corporate policies and to time by the members and directors. If there is any inconsistenc~ bodies of law, then any inconsistency is to be resolved in favor of~ ; of law and the junior bodies of law are deemed automaticall3 make eve~ effort to generally amend the j~ so that inconsistencies will be or not these inconsistencies are corrected, the senior body of law will still correction is made. The priority of the governing bodies of law are as follows: of the United States; (b) laws of the State of Iowa; (c) Articles of incorporation of t (d) by-laws of this corporation; (e) policies of this corporation; and ~ ~ this corporation. 1.3 Policies. In addition to the and resolutions, the directors or executive committee may adopt, from time These policies shall be considered as controllin and shall be permanent until amended. It is contemplated that the 1 contain those permanent legal provisions which are required statute or some I .f custom, are not subject to frequent chang~ of a lawyer; whereas policies are adopted by the conduct the non-legal affairs of the corporation and will not rex or concurrence of a lawyer or other professional adviser. ~, The ~ a distinction betweerk the by-laws and policies is to reduce the amount of involvement ~ , in the day-to-da~ affairs of the corporation and to give the corporation the leeway 1 adopt of all types witt~out creating complex and lengthy documentation which r by corporate coUnsel, the corporate certified public accountant on an ; tax auditors of the governme~nt. Wherever possible, the policies,of the corporation shall in a separate policy book so a~not to confuse them with the by-laws and articles. Whenevt it is apparent to any member, directo~ officer or adviser that any of the policies arc inconsistent with the laws of the United States, laws of the State of Iowa, Articles of this corporation, or l~laws of this corporation, they shall forthwith be amended. An up-to-date copy of all policies which have been adopted by the board of directors or executive committee shall be kept by the president and no policy shall be deemed in effect until it has been placed in the policy notebook of the corporation with the signature of the president on the policy and the initials of the president on each page of the policy. The purpose of this signing and initialing requirement is to eliminate any doubt as to which polici~ are in effect and which policies are not. The effective date of each policy shall be designated/at the end of the text of each policy when it has been adopted page of the polib'/y be amended from time to time, the corporation shall place the e off that replacement page, indicating the date of the amended that it is an gnature of the president. Should any person of the the then existing policies of the corporation, he may contact the make policies of the corporation. Part rtificates 2.1 Members. This sole members oft shall be the duly appointed and acting members of the Iowa City/Johnson County; Commission. The initial members of the corporation shall be the 2004 members. When a Commission member's term expires or he or she resigns or is r Council or the Senior Center Commission, the person who fills th become a member of this corporation. 2.2 Transfer of Memberships. in this corporation is not transferable or assignable. 2.3 Votine Riehts. Members ~ vote at the annual members' meeting for the election of directors and for other ~ a permanent or long-lasting effect on the operation of the corporation. 2.4 to Members. shall not receive compensation or shall not receive any stated salary for their servi have power in its discretion to contract f ~ members rendering unusual or special services to the ~' of such No compensation or expenses shall be paid to an3 a certificat~ ' ' such compensation or expenses has been or initialed by the legal counsel for the corporation and either a certified public attorney, certifying that the compensation or expenses to the member complies with such compensation or payment of expenses does not result in the corporation losing status. Part Three Members' Meetings 3.1 Regular and Special Meetinm Place of Meetings. s shall be the only regular meetings of the memb~s. Special meetings of the ' be held when called as hereinafter ~r without the State of Iowa, but shall always be held the time and place fixed in such meeting or in any resolution adjourning the same. o other place is such meeting, the adjourned meeting I be held at the place call for the meeting. 3.2 Annual Meetine. [1 meeting shall be held on a date in the s two months corporation's fiscal year. If, for any reason, such meeting ~ or shall not be elected at such meeting · be elected at a special meeting to be called by the board ofd or upon their order. 3.3 Sl~ecial Meetings. members, for any purpose or purposes other than the election of directors ~ r be held at the call of the chairman of the board, the president of th~ the board of directors, and shall be called by the president at the request of the holders of the members of the corporation entitled to vote at the meeting. 3.4 Quorum. Except r law, four members of the board of directors shall constitute a q 3.5 ~hall be in writing, signed, by an officer of the corporation. A copy mail not less than 10 calendar days nor more than 50 calendar days prior to unless a longer period is required by law, to notice of at the registered post office address of such member as it appears shall state the time and for which is called, so far as is known at the date of the notice, and if the neeting, . Jo state. Such notice shall be sufficient for such joumment thereof. Any member may waive notice of any meeting either before, at, after the meeting. 3.6 Informalities an Irregularities. All informalities, or irregularities in any call or notice of a meeting, or in the ar, as of credentials, proxies, quorumS, voting and similar matters, will be deemed waived, if no oI~ ection is made at the meeting. 3.7 Lack of Ouorm . If a sufficient number of voting member,s constituting a quorum is not present, the presiding off her may adjourn the meeting to a date and hour fixed by the officer, provided he gives reasonable notice in writing or be telephone, telegram, personal visit, or other appropriate means of the date and time of the continued meeting. 3.8 Informal Action. Any action which under any provisions ofth~ Iowa Non-Profit Corporation law may be taken at a meeting of the members may be a meeting ifa consent in writing, setting for the action so taken, shall be signed by of the persons entitled to vote with respect to the subject matter thereof. Such shall be filed with the secretary of the corporation. 3.9 Waiver. When the members vote shall be or expressly waive their presence at a meeting, and shall a written consent thereto record thereof, all the acts of such meeting called. 3.10 Presiding Officer. The , the members, shall preside over the of thc md the secretary of the corporation, thc corporate attorney, or a ~ recording secretary for thc meeting. 3.11 Business to be Transacted. ' be considered and acted upon at an annual meeting, but no question not the for a special meeting shall be acted upon thereat except by the consent of a maj~ that the members of the corporation arc presently entitled to. 3.12 Voting. Members 3.13 Order of Business. The order ~ 'business at meetings shall be as follows: a. Call to order b. Reading of minutes meeting c. Receiving d. e. t committee members f. g. h. New bu i. The order of business may ~ meeting by a majority vote of the members present. ~. 3.15 Inspection of Records. The books o£ account and membership records o£ the corporation shall be available for inspection at reasonable times by any member of the corporation and shall be open to any member of the public who requests it. Part Four Board of Directors / 4.1 Number and EligibiliW. The board of directors shall bg/the members of the corporation specifically the members of thc Iowz City/Johnson County Se~6r Center Commission. 4.2 Annual Meeting of Members of the ] At thc annual meeting of the members, the board of director its number, who shall hold office for a period of one t elected and qualified. It shall be the duty of the chairman to members and board of directors, and to insure compliance with the and the by-laws as herein set forth, and to perform: prescribed by the board of directors. 4.3 Election of Officers. At the of the board of directors, the board shall elect the officers of the corporation a vice president, a secretary, and such other officers with such titles as may be deemed necessary by the board of directors. The treasurer of the shall be the Coordinator of the Iowa City/Johnson County Senior Center or his designee. 4.5 Soecial Meetim/s. board of directors may be held from time to time upon call issued by the chairman. , a majority of the directors, or two-thirds of the members of the corporation. ' be held either within or without the State of Iowa, and may be held by means of by means of which all persons can hear each other, and participation in a meeting pursuant to this ' person at such meetings. / Attendance of a director/at a meeting of notice of such meeting, except where a director attend~ a meeting: to the transaction of any business because the nJeeting is not / Notice of special m~tings of the board: by the person or persons calling the / same as aforesaid, or by spmeone designated and so person or persons calling the sam.e/and shall be sent by mail to ' at his or her post office address of record with t~e corporation not less than and not more than 20 calendar days prior to t~e date of the meeting. Sm the time and the place of the meeting and the purpo~.s for which it was called. 'x 4.6 Quorum and Waiver of Notice. A majority of the members of the board at the time holding office shall constitute a quorum for the transaction of business. No special meeting of the board shall be valid unless notice of the meeting has been mailed to ~ provided in paragraph 4.5 above, or the giving of such notice shall l 4.7 Voting. Each director present shall be entitled to each director's meeting. Thc act of the majority of the directors at a meeting ' present shall be the act of the Board of Directors. 4.8 Presumption of Assent. of the board of directors or of any at which action is' will be presumed to have assented t taken unless his, ' her dissent is entered into the minutes of the meeting, or unless he or a the person acting as secretary of thc meeting before thc adj< or forwarded the dissent by registered mail to the secretar) after thc adjournment .of the meeting, voted in favor of the action. 4.9 Filling Vacancies. s caused by the death, resignation, said vacancy shall be filled by thc person appointed by the CiD , or thc Commission to serve on the Iowa City/Johnson County Senior Center. be the same as the person replaced. 4.10 Tenure. The directors shall ~' fi'om the time of election until the next annual election of directors as provided b, until their successors are duly elected and qualified. Any member of the board ~ x absents himself or herself from three consecutive meeting: , have his office declared vacant by a majority of the directors present at an, t meeting. 4.11 Compensation for Neither the officers, directors, nor members serving the corporation, n~ss 4.12 Powers. The busi of this corporation ~ by the board of directors, and the board shall have th~ right to prescribe the ~ f all officers. l 4.13 Action by Resolu~io_n. The board o: 'direc! ' provided by law, have power to act ~n the following nanner: t all of the members of the board shall~.be deemed to be action by effect therein expressed, with the same force and effect as if the same had 1 y the same vote at a duly convened meeting, and it shall be the duty of the secretary of the ~0rporation to record such resolution in the minute book of the corporation under its proper date. 4.14 Lack of Quorum. Ifa sufficient number of directors constituting a quorum is not present, the chairman so presiding may adjourn the meeting to a date and hour fixed by the chairman, provided he gives reasonable notice in writing, by telephone, telegram, personal visit, or other appropriate means of the date and time of the continued meeytng. 4.15 Informalities and All informalities or irregUlarities in any call or notice of a meeting, quorums, voting and ~imilar matters, will be deemed waived if no objection is made at the: 4.16 Executive Committee. ~, by ' of the full board, may designate two of its members' Executive Committee. The designation of such committee shall not operate to relieve the Board of directors, r law. a. Authority. The Executive t session, shall have and ma) of Directors except to the extent, if any, that such authority shall be limited by t tppointing the Executive committee and except also that the Executive t have the authority of the Board of Directors in reference to amending of incorporation, adopting a plan of merger or consolidation, recommending lease or other disposition of all or substantially all the property and assets of t )therwise than in the usual and regular course of its business, recommending to ' dissolution of the corporation or a revocation thereof, b. Tenure and Qualifications. of the Executive Committee shall hold office until the next regular annual meetin : his designation and until his successor is designated as of the2ommittee and is elected and qualified. c. Meetings. ' be held without notice at such times and places as from time to time by resolution. Special meeting,, ' member thereof upon not less than one day's notice ~ date and hour the meeting, which notice may be written or, deemed I when deposited in the United States mail addressed to the: at his business address. Any member of the Executive * waive notice and no notice of any meeting need be given to member thereof who attends in of a meeting of the Executive Committee r state the business proposed at the meeting. d. Quorum. A of the members of the Executive shall constitute a quorum for th~ of business at any meeting thereof and Committee must be ~ the affirmative vote of a majority of the members present at a meeting at which a quorum is present. e. Action Without a Meeting. Any action that may be taken by the Executive Committee at a meeting may be taken without a meeting ifa consent in writing, setting forth the action so to be taken, shall be signed before such action by all the members of the Executive Committee. f. Vacancies. Any vacancy in the Executive Committee ma~ ' a resolution adopted by a majority of the full Board of Directors. g. Resignations and Removal. ~ member of the Executive may be removed at any time with or without ause by resolution adopted of the full Board of Directors. An) Committee at to the president secretary of the corporation, and unless otherwise acceptance of such to make it effective. h. Procedure. The Executiw officer from its members and may fix its own rules of inconsistent with these by-laws. It shall keep regular minutes of its of Directors for its information at the meeting thereof held next s shall have been taken. 4.18 Special Committees. also, fi:om time to time, appoint any other special committees deemed by and refer to such special committees any special matters with instructions and/or All such special committees shall keep regular minutes of the transaction { and make such minutes available to the board of directors at the next meeting s of the special committee. , Powers aB Duties 5.1 Officers. The officers of this ~hall president, a vice president, a secretary, a treasurer, and and duties as may be prescribed by the 5.2 Tenure.. All officers fi:om the tim, their election until the next annual election of officers or until their essors are provided, however, an3 by a majority\vote of the directors at any legally held meeting 5.3 Bonds and Other The board of directors n~l~y require any officer to give bond to the corporation ~ surety and conditioned for the faithful performance of the duties of his office) and to ~ with such other conditions as may from time to time be required of him by the board. 5.4 Removal of Officers. If the majority of the board concurs, the board of directors may at any time, with or without cause, remove any officer or agent of the corporation and declare his or her office or offices vacant or, in the case of the absence or disability of any officer or for any other reason considered sufficient, the board may temporarily delegate his powers and duties to any other officer or to any director. 5.5 Presideuh In the absence of the chairman, the ~ of the members and board of directors. The president, along officers, shall sign for and on behalf of the ~ deeds, mortgages, writing, contracts may be signed with like effect by any other officer, specified in these by-laws or designated by the board of directors, conducting the business of the corporation, he or she ~ with all the authority customarily performed and exemised by the chief ecutive of a ~ of Iowa, and shall perform such ~ ~ the board. 5.6 President Elect. The board, shall be designated to succeed the president after 1 or her term, when the board of directors deems it advisable, for purposes e ~, to name the next succeeding president. 5.7 Vice President. The vice president 1 have and may exercise such powers and shall perform such duties as may be delegated board of directors or the president of the corporation. The vice president shall tt of the death, absence, or other disability of the president, perform all the duties president. 5.8 Secretary. It shall be 1 ' to record and keep the minutes of all meetings of the members, the executive committee of the board of directors. At the expiration of his~ ' her term, from he or she shall surrender all books, moneys, papers and to his successor. 5.9 Treasurer. The 1 ~hall be the to the corporation and shall hold all funds of the ect to of the board of directors or persons thereunto authorized by the b/~ard of directors. He or imds of the corporation with such bank ?r banks as the board of~ may approve and designate. At each annual meeting of the paembers, and at each annual :lng of the directors, and whenever called upon at any other directors' meeting, he or she sha ke a complete and correct report of the accounts and disclose/he tree financial condition of the h~oration. L 5.10 Other Officer__s. ~.f ~ assistant secretary be elected b.' th~,xboard of directors, he or she shall have and may exercise the same powers and perform the sam~duties as the secretary. 5.11 Compensation ~_or Non-Profit Corporate Officers. The officers shall not receive any salary or compensation ~[or services rendered to the corporation. 5.12 Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled by the board of directors for the unexpired portion of the term. / Part Six / / Corporate Seal h / 6.1 Description. The corporation s not ave a corpora/re seal. / Part Seven / Contracts, Deposits [ Withdrawals of Corporate Funds 7.1 General. All moneys of ever~ to the corporation shall be deposited to its credit in a bank or banks desi and no moneys shall be withdrawn therefrom unless the checks or other orders such withdrawals are signed by such officers or employees of the corporation e designated by resolution of the board of directors duly adopted. 7.2 Contracts. The board of directors r any officer or officers, agent or agents of the corporation, in addition by these by-laws, to enter into any contract or execut~ t on behalf of the corporation, and such authority may be ~ s In the absence of contracts must be signed by the president and 5 i · an attorney licensed in the state where the contract is executed. 7.3 Checks, Drafts, Etc. drafts, orders ~ayment of money, notes, or other evidences of indebtedness ' 'gned by such officer or officers, agent or agents of th? corporation and in such shall ~om time to time be determined by resolution of. ~he board of directors. In t~ ~f su .h determination by the board of directors, such instruments shall be signed by ~r or an assistant treasurer and countersigned by the presi~/ent or a vice president of tin / 7.4 Deposits. All funds of the corporation shall be ~ h'om time to time to the credit of the corporation in su~h banks, trust companies, or ott :odes as the board of directors may select. / 7.5 Gifts. The .b~d o,,f directors may accept on behalf of the c~rporation any contribution, gift, bequest or devi~ f~. the general purposes or for any special purpose of the colporation. Part Eight / Amendments ,/ 8.1 Vote Required. These by-laws may be enlarged, amended or rep/e'aled by a two-thirds vote of the members of the corporation at any regular meeting of the mginbers or at any special meeting of the members called for that purpose, or by a two-thirds v~e of the board of directors at any meeting of the board of directors called for that purpose. / 8.2 Meetings for Adoption. enlargeme0(or repeal may be adopted at any annual meeting of the members notice, but i~contemplated at a special members meeting, notice thereof,, given in the call f~ the meeting. Part Nine j Fiscal Ye~ 9.1 Fiscal Year. The fiscal year of th, forth on the caption page of these by-laws. 10.1 Exempt Activities. other provision of these by-laws, no member, trustee, officer, employee, take any action or carry on any activity by or on behalf of th be taken or carried on by an organization exempt under ! Revenue Code and its regulations as they now exist or as they may organization, contributions to which are deductible under § 170(c)(2) of; and Re as they now exist or as they may hereafter be amended. /' / 10.2 Election of Chairn~n Pro Tern. In the~ ,' of the chairman, the president, and any vice president at any memt~rs or directors neetinl ~mbers or directc rs present shall elect a chairman pro tern, who sh/ti!! preside at the meeting ~rcise the same powers as the chairman, the president,~r the vice president could if seI~. / 10.3 Parliamentar}/Law. When not in conflict w thesb~by-laws, Robert's Rules of Order, Revised, 75th Anniversary Edition shall establish the mh of prOcedure al all members and directors meetings, a~d the provisions of that publication are inc6~porate{, by reference herein as the ruling law for t~,~orporation. '~,~ 10.4 Corporate/Minute Books and Records. The minute books and records of this corporation shall be placed in the office of the Iowa City/Johnson County Senior Center Coordinator. 10.5 Non-Liability of Members. The members, officers and directo~ of this corporation shall not be individually liable for the debts or other liabilit~s, and private property of such individuals shall be corporation debts or liabilities. / 10.6 Indemnification of Officers. ,~ corporation shall indemn~ffy every person, his heirs, executors and administrators, against reasonably incuni~d by such person in connection with any action, suit or to which such persgh may be made a party by reason of that person being or having been ,f/this corporation, or by reason of that person being or having any other corporation of which this corporation is a shareholder or creditor, 3ther,~orporation such person is not entitled to be indemnified, or by reason of s >r former officer or former director becoming a party to any such action, or proceeding at the request of or at the direction of this corporation or an2 however, there shall be no indemnification in relation to any matter as be finally adjudged in such action, suit or proceeding to be liable for ne In the event of a settlement of such action, suit or proceeding, >f such person shall be provided only in connection with: to which the corporation is advised by counsel that such person to bi commit such a breach of duty. This fight of indemnification shall be exclusive person may be entitled. As used in this by-law, expenses shall but shall not be limited to, amounts of judgments, penalties or fines and interest ther~n periods of time, rendered, levied or adjudged against such persons, costs ofth~ action, ~ ;, attomeys' fees, expert witness fees and / amounts paid in settlement by such perso~/~, provided ~ 1 have been or is thereafter approved by the board of direc'iors of this This by-law is made a part of these by-laws to comply with and to ta~e full advantage governing such indemnification. / / 10.11 Authorit~ to Sell CorporAte Assets. With the c a in writing or pursuant to the vote ora majority ~fmembers entitled to ~ thereon, the board of directors will have the powers and authority to ~ease, sell, assign, transfer ~ >r oth, ~rwise dispose of the entire property of the corporati.o~, irrespective of the effects, t~ apon he continuance of the purposes of the corporation an [ the exercise of its franchise k corporation may not be dissolved except as provide~ the laws of the State of Iowa. We, the undersigned, the duly elected acting Directors of a non-~¥ofit Iowa corporation, do hereby certify that the within and f : by-laws were adopted frs the by-laws of that corporation on, and that the same do ~y-laws ~ IN WITNESS WHEREOF, we haw our names and affixed the seal of the corporation this date: / / /f LORI L. BENZ CI~ARITY ROWLEY / JAY H. HONOHAN BETTY KELLY NANCY WOMBACHER JOSEPHINE HENSCH SARAH MAIERS Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION RESCINDING RESOLUTION NO. 79-462 AND ~,DOPTING IN LIEU THE NEW RESOLUTION FOR THE ESTABLISHM OF A SENIOR CENTER ND FOR THE MANAGEMENT (DF GIFTS MEMORIALS, AND REVENUE TO THE IOWA COUNTY SENIOR CENTER. WHEREAS, the City wishes to establish a fund to lifts and memorials from citizens and private or~c and revenue from fundraising to be used to develop and maintain Iowa Oil County Senior Center ("Se~ Center") programs and services; and WHEREAS, the Senior Center sion should be able monies from said fund under limited circumstances to a nor : corporation that solely to support the Senior Center; WHEREAS, there are funds in the )ursuant to Resolution No. 79-462 known as "Multi-Purpose Senior - Center be transferred to the account established under this resolution; and WHEREAS, it is in the public interest for the Senior ,nter Commission to manage and direct said funds. NOW, THEREFORE, BE IT RESOLVED BY TH )UNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Gift Fund is established in the City City, .~\ The Finance Department of the City of Iowa City is authorized to ej the Gift Fuh~ and shall keep all monies deposited in the Gift Fund and shall i~l allmonies in th(~kGift Fund as the Finance Department deems appropriate. / ~ 2. services, except as provided in Paragraph 5 below. ~ The Gift Fund shall be used solely t?'de p and maintain SenioI, xCenter programs and 3. The Senior Center Commission ij~ authorized to manage the Gift Fu'e,d and to receive and administer gifts and beques~)~ made to the Senior Center. ~ 4. A majority of the Senior Center Commission shall approve all expenditb~es including expenses directly related to the securing of contributions to the Gift Fund. ~ 5. With the exception of those funds restricted by donors' intentions, a majority of the Senior Center Commission may approve periodic allocations of the Gift Fund to a nonprofit corporation that is formed in substantial conformity with the bylaws and adicles of incorporation attached to this resolution on the condition that said monies be used and invested solely for the benefit of the Senior Center through the Community Foundation of Johnson County. Resolution No. Page 2 6. Th~ Fund shall stand dissolved in the event of a decision to discontinue the Senior decision is made to replace or abolish the Senior Center Commission. All monies Gift Fund first will be used to help clear any remaining liabilities. The City Council ma obligate any remaining monies for such purposes it deems will appropriately the best interests the seniors in Iowa City. 7. Resolution No. ;2 is rescinded and all other resolutions and parts of resolutions in conflict with the ' ' of this resolution are here/~'repealed. 8. All monies in the Senior - Center Fupd shall be transferred to the Gift Fund. ,/ Passed and approved this day ~ J 2004. ? MAYOR Approved by ATTEST: ~"1~'~'~ CITY CLERK , Attorney's Office sue/o rd & res/ResSrCtrGiffFu nd Fin al d/~ Prepared by: Sylvia Mejia, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 04-130 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ACCOUNTING DIVISION OF THE FINANCE DEPARTMENT BY DELETING THE POSITION OF SENIOR ACCOUNT CLERK - ACCOUNTS RECEIVABLE AND ADDING THE POSITION OF INTERNAL AUDITOR. WHEREAS, Resolution No. 04-66, adopted by the City Council on March 2, 2004, authorized permanent positions in the Accounting Division for FY05; and WHEREAS, the Government Finance Officer's Association recommends that every government consider establishing a formal internal audit function because such a function can play an important role in helping management maintain a comprehensive framework of internal controls; and WHEREAS, the implementation of the new financial system is decreasing some of the clerical duties in accounting; and WHEREAS, this change is consistent with the Accounting Division's five-year plan that included transitioning some current positions to professional positions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Accounting Division of the Finance Department be amended by: 1. deleting the position of Senior Account Clerk - Accounts Receivable; 2. adding the position of Internal Auditor. Passed and approved this 4th dayof Nay ,20 04 · ['-- ~, /,,/ //Appr°ved by~ ATTEST: City blerk humanrel~res\finance interna[ audit.doc Resolution No. 04-130 Page ? It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn 13 Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa IA 52240 (319) (319) RESOLUTION NO, 04-:[31 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1, 2004, THROUGH JUNE 30, 2007. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Library Board of Trustees and the American Federation of State, County and Municipal Employees, Local #183, AFL-CIO, (hereinafter the Union), through their designated bargaining representatives, have negotiated a collective bargaining agreement to be effective July 1, 2004, through June 30, 2007, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above-referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 4th day of H ,2004. · Appr~ ,,TT ST: It was moved by 0'Donnel ] and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn AGREEMENT BETWEEN CITY OF IOWA CITY CITY OF I0 WA CITY (~ Iowa City PublicLibrary IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL #183, AFL-CIO JULY 1,2004 TO JUNE 30, 2007 TABLE OF CONTENTS PREAMBLE ..................................................................................................................... 1 ARTICLE I -- RECOGNITION ......................................................................................... 2 ARTICLE 2 -- MANAGEMENT RIGHTS .......................................................................... 2 ARTICLE 3 -- NO STRIKE--NO LOCKOUT ..................................................................... 3 ARTICLE 4 -- BULLETIN BOARDS ................................................................................. 3 ARTICLE 5 -- BUSINESS AGENTS ................................................................................ 3 ARTICLE 6 -- DUES CHECK OFF .................................................................................. 3 ARTICLE 7 -- HOURS OF WORK .................................................................................. 4 ARTICLE 8 -- OVERTIME ............................................................................................... 6 ARTICLE 9 -- HOLIDAYS .............................................................................................. 10 ARTICLE 10 -- VACATIONS ......................................................................................... 11 ARTICLE 11 -- SICK LEAVE ......................................................................................... 12 ARTICLE 12 -- SPECIAL LEAVES ................................................................ ................ 14 ARTICLE 13 -- SENIORITY ........................................................................................... 17 ARTICLE 14 -- DISCIPLINE .......................................................................................... 20 ARTICLE 15 -- INSURANCE ......................................................................................... 21 ARTICLE 16 -- SAFETY ................................................................................................ 22 ARTICLE 17 -- PERSONNEL TRANSACTIONS .......................................................... 23 ARTICLE 18 -- CLOTHING AND EQUIPMENT ............................................................ 24 ARTICLE 19 -- RECOVERY AND REHABILITATION PROGRAM ................................ 24 ARTICLE 20 -- GRIEVANCE PROCEDURE ................................................................. 24 ARTICLE 21 -- PAY PLAN ............................................................................................. 27 ARTICLE 22 -- AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT AND WAIVER ..................................................................................................... 28 ARTICLE 23 -- GENERAL CONDITIONS ...................................................................... 29 ARTICLE 24 -- DURATION OF AGREEMENT .............................................................. 29 ARTICLE 25 -- SAVINGS CLAUSE ............................................................................... 29 APPENDICES AGREEMENT WITH THE CITY OF IOWA CiTY and THE IOWA CITY LIBRARY BOARD OF TRUSTEES WITH JOHNSON COUNTY AREA PUBLIC EMPLOYEES, AFSCME, LOCAL #183 PREAMBLE This agreement is executed by the CITY OF IOWA CITY, Iowa, and the Iowa City Library Board of Trustees, and the Johnson County Area Public Employees, AFSCME, Local #183. Unless otherwise stated, the word "City" will refer to the City and to the Library Board and the employee organization will be called "Union". Throughout this Agreement members of the bargaining unit are referred to as "employees". It is the purpose of this Agreement to promote and ensure harmonious cooperation and understanding between the City and the Union to ensure collective bargaining under the laws of the State of Iowa, as well as 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: ARTICLE 1 RECOGNITION Section 1. The City of Iowa City, Iowa, recognizes the Johnson County Area Public 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 premulgated by the Iowa Public Employment Relations Board on February 2, 1976. Section 2. The Iowa City Librery Board of Trustees recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all Iowa City Public Library Employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employment Relations Board on February 9, 1976. Section 3. Sworn police officere 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 current 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 premote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coeme or discriminate against any of its employees in connection with their membership in the Union. ARTICLE 2 MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and preductivity standards. c. To hire, premote, transfer, assign, classify, schedule and retain employees within the operation of the City government and to develop and maintain qualifications, standards and procedures for employment, promotions, and transfers. d. .To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE 3 NO STRIKE--NO LOCKOUT Section 1. No Strike. No employee covered by this Agreement shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Agreement. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist, and it shall publicly declare that such activity is in violation of this Agreement and is unauthorized. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make reasonable efforts to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. Section 2. No Lockout. The City agrees not to lock out employees during the term of this Agreement. ARTICLE 4 BULLETIN BOARDS Section 1. The City shall assign space as currently provided on bulletin boards for the Union to post notices, a copy of which shall be provided to the Personnel Administrator. Notices shall not contain political material, libelous material, or material which is injurious to the City or to employees. Union notices will be limited to designated spaces. ARTICLE 5 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 Personnel Administrator 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 6 DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will certify the amount of dues to be deducted and the structure of the dues scheduled in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Dues will be deducted from the first pay check of each calendar month and will be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. On a monthly basis, and at no cost to the union, the Employer shall provide the Union with a computer disk, which, in a format agreeable to both parties, shows the bargaining unit employee's name, home address, and any other information mutually agreed to. 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. The City will provide a copy of the notice 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. ARTICLE 7 HOURS OF WORK Section 1. Definitions. Temporary Employees - All employees regularly assigned less than ten (10) hours per week or who work in a position authorized for less than seven (7) months shall be temporary employees. All employees regularly assigned to ten (10) hours per week or more shall become permanent employees entitled to wages and benefits as provided in this agreement upon the completion of seven (7) continuous months of employment. Permanent Employees - Permanent employees shall be as follows: lA) Those persons who are appointed to authorized budgeted positions and who have completed a probationary period upon initial employment with the City, or lB) Those persons who were temporary employees regularly assigned to ten (10) hours per week or more who have completed seven (7) months of continuous employment. The City shall provide the Union a list of names of all persons employed by the City, regardless of their status as employees, along with hire dates, termination dates (if applicable), and account number except those persons excluded in Article 1, Section 3, of this agreement. Section 2. Reqular Work Week. A. Definitions - A day will be defined as the time between 12:01 A.M. and midnight, twenty- four (24) hours later. A week will be defined as the time between 12:01 A.M. Sunday and midnight Saturday. Holidays and paid leaves shall count as hours worked. B. Permanent Full-Time - Five Day Operations - The regular work week for permanent full- time employees shall begin on Monday and extend through Friday and shall consist of five (5) consecutive, eight (8) hour days. C. Permanent Full-Time - Continuous Shift Operations - (Work is regularly scheduled 24 hours per day, seven days per week.) The regular work week shall consist of five (5) days of eight (8) consecutive hours for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees assigned to continuous shift operations may meet and confer with their division concerning shift scheduling. D. Six and Seven Day Operations - The regular work week for permanent full-time employees shall consist of five (5) eight (8) hour days for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees whose schedules regularly vary from this pattern will be covered by letter at the time the variation is made. (Example - landfill employees.) Section 3. Schedulinq. Regular work schedules will be posted on departmental bulletin boards within each division. Any permanent change in the regular work schedules for a division will be posted at least ten (10) days in advance of the change. To the greatest extent possible, temporary adjustments in the work schedule of individuals will be posted at the beginning of the week. As much notice as possible will be given in the case of emergencies, inclement weather, or unexpected absences. The City will notify the Union in advance of permanent changes in the regular work week and will discuss such changes if requested. Section 4. Part-Time Employees. A. Part-time employees are those persons regularly assigned to less than forty (40) hours of work per week. Benefits shall be prorated for permanent part-time employees in accordance with their regularly assigned hours per week. Occasionally the hours actually worked will vary from the assigned number. No minimum amount of work is guaranteed to pad-time employees. Any employee whose hours actually 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 regular part-time employee to regularly work more than his/her assigned hours. B. Temporary Employees. All temporary employees, as defined in Section 1 above, and all other employees of the Employer are not entitled to any benefits or other provisions of this Agreement. C. Current employees will have bidding preference for job vacancies over volunteer helpers and volunteer time will not count toward seniority. Section 5. Rest Periods. Except for the transit drivers the City will provided a fifteen (15) minute rest period at two times during the regular work day. The location and scheduling will be determined by the immediate supervisor. The rest period will be scheduled at regular times within the work day to accommodate staffing needs. Employee preferences will be considered. Section 6. Meal Periods. The City will provide an unpaid lunch period of not less than thirty (30) minutes each day to employees in five day operations. Whenever possible, the lunch period will be scheduled at a regutar time in the work day. Meal periods will be scheduled to accommodate the staffing needs of the department with consideration of the preference of employees. In lieu of the two fifteen (15) minute paid rest periods, full-time bus drivers will be provided a thirty minute lunch break with pay from Monday through Saturday of each week. Meal breaks will be scheduled near the middle of the shift; i.e., no earlier than 3 hours into the shift and shall not leave more than 5 hours and 15 minutes remaining on the shift. Deviations due to special or changed circumstances shall be mutually agreed upon. Section 7. Clean-up Time. If the nature of work performed requires it, employees will be allowed a minimum of five (5) minutes for personal clean-up at the end of the work day. Section 8. Inclement Weather. Employees are expected to come to work regardless of weather conditions if they can possibly do so. Employees who appear for work at the scheduled time will be compensated. Generally, City operations will not be suspended, but may be rescheduled. If work is to be rescheduled the immediate supervisor will have available information. The employer will take into consideration the employee's comfort and protection in cases of extreme climatic conditions. Employees who are unable to get to work or who leave work eady because of weather conditions may do one of the following: a. Arrange to make up the work with the approval of the immediate supervisor. b. Charge the time missed to accrued holiday, vacation, compensatory time, or personal leave. c. Take leave without pay for the time missed. Section 9. Travel Time - Transit. In addition to hours specified on the run sheet, ten minutes will be paid to cover "travel time" to or from the Transit Facility. This only applies to drivers whose relief point is the Transit Interchange. Employees who are not required to return the bus to the Transit Facility and who decline to travel to or from the Facility shall not receive this pay. ARTICLE 8 OVERTIME Section 1. Overtime. Overtime is work performed by a permanent full or part-time employee in excess of eight (8) hours per day or forty (40) hours per week with the following exceptions: A) Employees regularly scheduled to work more than eight (8) hours per day will receive overtime for the time worked in excess of the regularly scheduled hours per day. B) Employees who work more than eight (8) hours on a given day due to flex time mutually agreed upon by the employee and their supervisor will receive ovedime for the time worked in excess of their scheduled flex hours on that day. e.g., Employees who work twelve (12) hours per day will receive overtime for time spent in excess of twelve (12) hours per day or forty (40) hours per week. Prior authorization from the employee's supervisor is required before overtime work will be credited. Employees may be periodically required to work overtime but may request not to perform work because of physical inability or serious personal need. Such requests to be excused from performing overtime will not be unreasonably denied. For permanent full-time employees, work performed on the sixth (6th) or seventh (7th) day of the work week shall be considered overtime. There will be no pyramiding of overtime: e.g., If an employee is called back to work on Saturday he/she may claim the overtime rate either for the minimal call-in O._~R the sixth (6th) day premium, not for both sections. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employees or by compensatory time off at the rate of one and one-half (1- 1/2) hours for each hour of overtime worked. Employee preference will determine whether overtime is paid or time off given unless departmental staffing needs or financial considerations require employees to be paid or given time off. The employees may request reasons for the denial of the time off or pay. Section 2. Overtime Equalization. A. To the greatest extent possible, overtime shall be offered to employees equally over a period of three (3) months, considering the type of work, the qualifications and ability of the individual employee, the employee's desire to perform the overtime service, and the employee's seniority. The following procedure will generally be used: The employee with the necessary qualifications and abilities and the least number of overtime hours in that classification will be first offered such assignment. In the event that overtime hours among employees in that classification are equal, seniority shall 'prevail. In the event no qualified employee desires such work, the City shall select the qualified employee with the least credited overtime hours for such assignment and if there are two or more employees with the same number of overtime hours, the employee with the least seniority shall be thus assigned. Employees who refuse overtime work on a particular job will be charged the same number of hours as employees who actually do the work. Any employee who may be periodically excused from overtime work for physical disability or serious personal need shall carry an amount of overtime equal to that of the employee with the highest number of hours. When the need arises to work overtime to finish a job, the employees who are performing the work may be offered the overtime first if the work is to be completed. If an affected employee elects not to work overtime, he/she will be expected to continue until a replacement is secured. During emergency situations such as, but not limited to, excessive snow, freezing rain, wind, rain or cold, employees in the affected divisions may be scheduled to work ~welve (12) hours or more in any twenty-four (24) hour period. Work in excess of twelve (12) hours will be assigned according to the equalization procedure. The equalization procedure is inapplicable to regularly scheduled overtime in transit. B. Distribution of extra hours in the Transit Division. For hours available after the "Extra Board" hours have been assigned, to the greatest extent possible, extra hours shall be offered to employees equally over each run pick period. The employer may first offer the hours by seniority to part-time employees who have worked less than 40 hours that week. After that it will be offered to employees by seniority if scheduling time allows. For equalization purposes, employees who refuse extra hours will be charged the same number of hours as were offered. The City shall maintain and post a list of extra hours worked in the Transit Division. C. The City shall maintain and post (at least monthly) in a public place in the work area, a list of classifications showing overtime hours worked by each employee, and shall keep such list current with accumulated overtime being credited forward. Overtime accumulation shall commence on January 1, April 1, July 1 and October 1 of each year and shall be equalized quarterly. Employees who are new to a division shall be credited with the highest number of hours in their classification. Any deviation from the above process shall be by letter between the City and the Union. Section 3. Overtime Rest Period. If an employee is required to work at least two (2) hours immediately after the employee's normal work day the City will provide for one of the following: a. A rest period of one-half hour immediately following the work day, or b. One additional half-hour of paid compensation at the overtime rate. This section does not apply if the employee is required to work less than two (2) hours following the work day. Section 4. Stand-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 as follows: Employee Assigned to Stand-by Pay Per Week 1. Is provided with and takes vehicle home 7 hours pay 2. Is provided with but declines to take a vehicle home (supervisor may require employee to take vehicle) 7 hours pay 3. Cannot be provided with a vehicle due to lack of vehicle availability 10 hours pay 4. Is not provided with a vehicle because employee resides outside city limits 10 hours pay Employees of the Street/Sanitation Department who are required to be on stand-by for the purpose of emergency snow removal will be compensated at a rate of ten (10) hours at current base pay rate for each week of stand-by time. Stand-by in these circumstances will be assigned in no less than one week increments. Such employees will be furnished a call device, but no vehicle. Section 5. Reportinq Pay. If an employee reports for work at his/her regular time and place but is sent home by the supervisor because of an emergency because work cannot be performed, such employee shall be paid a minimum of two (2) hours at his/her regular straight time pay. The City will make every effort to allow the employee to make up the work at straight time at a different time, where the nature of work permits. Section 6. Minimum Call-In. An employee who has completed an eight (8) hour work day 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. Minimum call-in will be paid at the overtime rate. An employee who is called in prior to the regular start of his/her working day will be compensated for a minimum of two (2) hours at the overtime rate. In the event minimum call-in and regular working hours overlap, straight time will be paid for the overlapping hours in addition to the minimum call- in. There shall be no pyramiding or duplicating of ovedime pay. That is, if an employee is called to work, he/she cannot collect for another two (2) hours unless it has been two (2) hours since the last call. Any City employee required to appear as a witness in Court for work-related matters or at a municipal infraction hearing for work-related matters outside their work schedule will be paid for such appearance pursuant to minimum call-in provisions above. The employer will not alter work schedules solely to avoid this payment. Section 7. Professional Employees. No overtime will be paid or credit given for overtime work of professional employees. Generally, assignments will be based on an assumed forty (40) hour week for full-time professionals and on the assigned number of hours of pad-time professionals. Professional employees will enter all assigned hours worked in excess of their normal schedules on their time sheets. A professional employee may meet with his/her department head at a mutually convenient time and place to review the hours worked in an attempt to facilitate the provisions of this section consistent with department practices. However, this clause shall not be construed as a guarantee of compensatory time or overtime pay. Section 8. Library Overtime. Permanent employees required to work on Sundays at the Library will received six (6) hours credit for each four (4) hour shift worked. Section 9. Calculation of Overtime. Overtime will be recorded on the basis of an initial six (6) minute segment, and an employee must work the entire segment to be credited with one-tenth (1/10) hour for overtime. After the first six (6) minutes, overtime will be recorded and credited on a minute-for-minute basis. Section 10. Payment of Overtime. Payment of authorized overtime will be on succeeding pay checks. Section 11. Accumulated Overtime. Accumulated overtime to be carried over from one fiscal year to another shall not exceed forty (40) hours and any overtime in excess of forty (40) hours accumulated at the end of the fiscal year shall be administered in accordance with Section I of this article. Section 12. Shift Differential. Employees who work a scheduled shift which begins at or after 1:30 p.m., but before 10:00 p.m. shall receive an additional twenty-five ($.25) per hour. Employees who work a scheduled shift which begins at or after 10:00 p.m. but before 1:00 a.m. shall receive an additional forty cents ($.40) per hour. ARTICLE 9 HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memodal Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Provided, however, that at the time employment begins or terminates, personal leave shall be pro-rated on the basis of two (2) hours personal leave credit for each quarter of the fiscal year, or portion thereof, during which the employee is in pay status. In order to receive holiday credit, an employee must be in pay status the day before and the day after a holiday. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift, the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager (or the Library Director for library employees) may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager or Library Director does not designate a day, employees may choose a day between December 17 and January 6. Section 3. Permanent employees on a continuous shift shall receive eighty-eight (88) hours of holiday credit and eight (8) hours of personal leave credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year and for personal leave as provided in Section 1 of this Article. If an employee separates after July 1 of any year, those holidays and personal leave hours which have been credited but which have not as yet occurred or been earned will be deducted for the purpose of considering separation 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 any holiday hours. He would be paid sixteen (16) hours of holiday 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 1 and has used forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty- four (24) hours (40 used less 16 occurring) would be deducted from vacation pay or from the last week's wages. For the purpose of this Article, a holiday for continuous shift employees (except Police Department employees) begins at 12:01 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. In the Police Department a holiday begins at 11:00 P.M. on the day preceding the holiday and continues for twenty-four (24) hours therea[ter. When a holiday occurs on Sunday, the following Monday will be observed. When a holiday falls on a Saturday, the preceding Friday will be observed. Section 4. Part-time employees will receive holiday pay and personal leave on a pro-rata basis. Section 5. Eligible employees who are called in to work on a holiday on which City operations are not open to the public will be paid at a rate of one and one-half (1~) times for the hours actually worked and shall also receive regular holiday pay. Section 6. Permanent employees who are assigned to work on holidays when City operations to which they are assigned are operating or open to the public will receive holiday credit equal to one and one-half (1%) times the hours actually worked. This credit may be used after the holiday occurs but must be taken before the next succeeding July 1. Generally, this section applies to library, transit, parks, recreation, and parking enforcement employees. Refuse employees will use this system when two holidays occur in the same week. Employees may request pay in lieu of holiday credit. The employer's decision to grant or deny the pay shall not be arbitrary or capricious. Section 7. Holidays or personal leave days shall not be carried over from one fiscal year to the next. Section 8. Definition. "Continuous shift employees" as used in this article indicates those employees who work in twenty-four (24) hour per day operations and who are subject to assignment on shifts beginning between 3:00 P.M. and 7:59 A.M. ARTICLE '10 VACATIONS Section 1. Accumulation. Vacations shall be earned by permanent employees by month according 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 - 15 years 1 1/2 15 years 1 day - 20 years 1 3/4 more than 20 years 2 Professional librarians shall accumulate vacation at a rate of 22 days per year regardless of length of service. The maximum number of hours eligible for carry over after July 1 of any year or for payment upon termination shall be one hundred ninety-two (192) hours (24 days). Section 2. Use 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 discharge, resignation or retirement after six (6) months of continuous service, a permanent employee is eligible for payment of not more than 192 hours (24 days) of accumulated vacation leave at the current base rate of pay. ARTICLE 11 SICK LEAVE Section 1. Accumulation. Employees shall be granted one day of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be 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 permanent employment. Additional sick leave will accrue while an employee is receiving worker's compensation and supplementing those payments with accumulated paid leave(s). Upon resignation or retirement, the City shall pay for one-half of the accumulated sick leave at the time of resignation/retirement on the basis of the employee's then current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Incentive: Employees who utilize no sick leave in any thirteen consecutive pay pedods and who have at least 600 hours of sick leave accumulated at the end of the six months may, at the option of the employee, convert four hours of sick leave to four hours of incentive leave. Following any twenty-six consecutive pay periods with no use of sick leave, employees who have at least 1200 hours of sick leave accumulated may, at their option, convert an additional four hours of sick leave to incentive leave for a total of up to but no more than twelve hours in any 26 consecutive pay periods. The maximum number of hours eligible for carry over from one fiscal year to the next shall be eight (8) hours. 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 if abuse is suspected. Requirement of such doctor's statement will not be used merely for the purpose of harassment of any employee. Sick leave may be used on an hour-to-hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury. (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, including mother or father of a domestic partner, brother, sister, or grandparents, as well as any other relatives or member of the immediate household of the employee up to a maximum of fody (40) hours per occurrence provided that the employee's presence and efforts are needed. c. The City may discipline employees for abuse of sick leave. Section 3. Notification. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work. Certain employees may be required to provide such notification prior to the beginning of their work day. In those cases where the Department or Division requires such prior notification, the City will be responsible for establishing a method whereby those employees can provide such notification. Unless such notification is given, the absence will not be charged to sick leave, but will be charged to other accumulated leave, or if no such accruals exist, 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. Sick Leave Bank. a. Permanent employees in the bargaining unit may draw from a Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (1440 hours or 180 days) at the rate of one day per month. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount 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 days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the bargaining unit 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. Section 5. Employees using sick leave who are medically able to perform some of the regular duties of their position while at home (or alternative work site) may, at the request of the employee or the supervisor, and with the permission of the supervisor, be assigned work to be performed at home. For work performed at home, regular pay rather than use of sick leave accrual will be utilized, and the ratio of sick leave to straight pay will be determined on a case-by-c.a~e basi~ by the supervisor, This policy is designed to permit credit for work performed at home by employees using sick leave, when performance of work at home is advantageous to the City; however, no employee will be required to perform work while on sick leave nor will any employee be guaranteed the right to do so. Section 6. While an employee is receiving sick leave pay from the City, self-employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision may be given if the employee presents evidence from his/her physician to the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Failure to comply with this policy wil~ result in progressive disciplinary action. ARTICLE 12 SPECIAL LEAVES Section 1. Onithe-Job Iniury. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work provided the following conditions exist: a. The injury or illness arises out of the course of City employment, and b. The City's medical advisor determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work day when the injury occurs and for a period of two (2) additional working days if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) working days in which to recuperate and retum to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to leave of absence without pay. Employees may use accumulated sick leave or other accumulated leaves to supplement worker's compensation benefits. Section 2. Funerals. An employee will be granted up to three (3) work days per incident with no loss of compensation or accruals if required to attend the funeral of his/her spouse, domestic partner as recognized by City policy, child, grandchild, stepchild, foster child, mother, father, stepparent, sister, brother, step-sister or step-brother. An employee will be granted one (1) day per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensation time to attend the funeral of his/her mother-in- law, father-in-law, grandparent, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. In such cases, he/she shall be granted up to two (2) additional days for travel, if necessary. In-law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an employee shall be permitted to use up to three (3) work days of accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been recommended by the Department Director and approved by the City Manager or for library employees, by the Library Director, except in cases of medically necessary disability leaves which shall be automatic provided the employee has exhausted all other accrued leave (paid and unpaid) and submits to a physical exam by a city-paid and appointed doctor (if required by the employer). Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during that period if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists, the employee shall be eligible to bid on vacancies in related areas or vacancies for which the employee is otherwise qualified for a period of twelve (12) months following termination of the leave. The employee is responsible for applying for and keeping aware of any openings. In the event an employee fails to return to work at the end of any such leave or extension, he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. Cannot pay retirement contributions if the leave exceeds one month in duration. b. Shall not receive any other accruals or job benefits during the period of absence. c. Sha~l not acquire additional seniority during said leave except in the case of temporary medical disability or as otherwise specified by this Agreement. d. Shall not earn sick, vacation, or other leave. e. Must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. f. Must pay prorated health, dental, life and disability insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired and is available subject to insurance carrier approval, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages, desired by the employee may be deducted from current or future pay due to the employee or at the employee's option may be billed on a monthly basis. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Department Director may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) working days. Section 4. Jury Duty. Any employee summoned for jury duty during the employee's regular work hours shall receive regular straight 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 required to be absent from work for the purpose of testifying in court in response to legal summons when the employee is neither plaintiff nor defendant in the action and when such court appearance arises from the performance of his/her duties, obligations, or activities as a City employee, and the City shall receive the witness fees up to the amount of compensation paid to the employee by the City for days testified. Section 6. Military Leave. Employees called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Employees subject to the foregoing shall, upon reinstatement to City employment, retain their odginal 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 at a polling place in the City of Iowa City or the City of Coralville 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 of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Department Director prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present doctor's statements as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion the employee shall advise the City of the date by which she will return to work. Unless the employee retums to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. An employee who takes leave pursuant to this section shall return to work as soon as she is medically able, retaining all rights granted by the federal Family Medical Leave Act or other applicable law. Section 9. Union Business Leave. a. Any employee elected to office in the International American Federation of State, County and Municipal Employees shall be granted a leave of absence without pay for a period not to exceed two years. Such leaves shall be granted to not more than one City employee in Local 183 at any one time. An employee desiring such leave shall give thirty (30) days notice to the City. Consistent with Section 3 of this Article, such employees shall not have a job guarantee on return. 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 five (5) City employees in Local 183 in any one calendar year. Not more than five (5) days may be taken by any three (3) employees and not more than ten (10) days may be taken by any two (2) employees under this section. Employees 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. c. No more than one employee who is elected or appointed to offices in the Union that is not part-time staff will be granted sufficient unpaid time off to carry on the duties of the office provided he/she gives reasonable advance notice and receives approval for such leave from the department head. Approval may be denied by the department head where the employee's absence could adversely affect or interfere with the operation of the department. d. Employees on Union leaves shall only be entitled to accrual of seniority for time spent on such leaves, except for subsection c above, where employee will continue to accrue benefits during a period not to exceed ten (10) work days per year. e. Employees appointed to the position of Staff Representative for AFSCME/Iowa Council 61 shall be entitled to an unpaid leave of absence not to exceed one year. The City may deny such leave if it would create a hardship. Return from leave is governed by Section 3 of this Article. Not more than one employee shall be granted such leave at any one time. The employee must make application for such leave at least ten (10) working days in advance of the commencement of this leave. The provisions of Subsection d. above shall apply. f. The City agrees to place Union supplied Union information in its new employee packets. This information shall not include political material, libelous material, or material which is injurious to the City or to employees. Section 10. Professional Leave. The City and the Union agree that professional development is of benefit to employees designated as "professionals" and the employer. In recognition of this Agreement, the following guidelines will be considered when granting or denying requests for professional leaves: a. The potential benefit to the employee. b. The potential benefit to the employer. c. The work-relatedness of training program, conference, workshop, class, or convention that is attended. d. Who in the affected class of employees went most recently. e. Seniority. It is understood by the parties that the above provisions in no way constitute a guarantee of training to anyone. ARTICLE 13 SENIORITY Section 1. Seniority shall mean length of continuous service with the City. It shall begin on the date of employment and become applicable immediately following completion of a probationary period of not more than six (6) months in a permanent position, unless extended in writing due to unusual circumstances. Continuous service in a temporary position shall be added to the employee's seniority for use only in Section 3, Use of Seniority, below. 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 all paid 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. An employee will accrue seniority while on leave without pay or layoff for one (1) year or for a period equal to the length of time worked if less than one year. In the event that two (2) or more employees have an identical seniority date, the order of their seniority shall be determined by the alphabetical order of last names. 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 six (6) months. rngr~sst\u nions~a fscmeu oc 183ag doc 17 Section 2. Probation. The initial probation period for permanent appointments will be six (6) continuous months. The probationary period may be extended in writing because of unusual circumstances. Probationary employees are entitled to all benefits of this contract with two exceptions: 1. They may not grieve any disciplinary actions taken against them. 2. They may not bid on other jobs (except for promotions). If an employee has worked as a temporary City employee prior to appointment to a similar permanent position, the temporary time worked may be credited toward completion of probation if it is applicable experience. For such employees, the probationary period will be shortened to reflect credit for temporary time worked. The length of probation will be specified in writing in the permanent appointment papers. Section 3. Use of Seniority. An employee who has successfully completed an initial City probation 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 bulletin 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 are qualified for the position he/she may compete with other employee applicants for the position. 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, except as provided in Section 3, subsection b.2.(a) of this Article. 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, subject to the further provisions of Section 3, subsection b.2.(b) of this Article. 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 departmental division according to seniority in the jobs affected with the person having the least seniority within classification to be laid off first. The City will give fifteen (15) days notice to employees who are to be laid off except in an emergency. Temporary, casual and seasonal employees within classification (e.g. those job titles listed in Appendix A) will be laid off prior to permanent employees. The City will consult with the Union as far in advance as possible prior to a contemplated layoff in order to provide the most equitable treatment to employees who are to be laid off. 1. The City will attempt to accomplish reduction in force by attrition. 2. An employee whose job is to be eliminated may be transferred to vacancies within the department. Employees notified of lay-off or who are subject to recall from lay-off under Section 3, Subsection c. of this Article shall be given the opportunity to bid for new or vacant non-promotional positions to be filled by the City as follows: (a) When competing with ether bargaining unit employees, a laid-off employee will be offered the job first where qualifications, including skills, abilities and experience of the applicants are relatively equal without regard to seniority. (b) When competing with applicants who are not employees of the City, laid-off employees shall be offered the job first where the City deter- mines the laid-off employee has the abilities to adequately perform the job under normal supervision. 3. If no vacancies exist a more senior employee being laid off shall bump the employee with the least seniority in their classification within their department; but, if no such person or position exists, the laid-off employee may bump the least senior employee in a position within their classification in the bargaining unit. If no such person or position exists within the bargaining unit, a laid-off employee may bump the least senior employee in a job outside their classification within their department and, if no such person or job exists, then the bargaining unit. Provided, however, an employee shall not bump into a job without seniority, proper credentials (including prior recorded experience in the job with the City; except where a laid-off employee was placed in the job out of promotional sequence in the clerical, maintenance worker, plant operator, mechanic, librarian, dispatcher, planner/program analyst and construction inspector series), and the ability to perform the duties of the job under normal supervision. A person shall first bump into the highest classification which also meets the preceding conditions. Bumping shall not result in any promotion. In no event shall a full- time employee be forced to bump the least senior employee when it would result in decreased hours of work or shall part-time employees bump into full-time positions unless their total seniority is greater based on a comparison of computation of time actually worked. c. Recall from Layoff. The names of permanent employees laid off shall be placed on a re-employment list for the jobs affected in the layoff. Such persons shall be eligible for re-employment in reverse order of layoff in the job from which they were removed for a pedod 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 certified mail to last known address to return to work, he/she must make arrangements to return to work with the immediate supervisor within seven (7) days or be removed from the recall list. An employee on the recall list will accrue seniority pursuant to Section 1 of this article and will be entitled to exercise seniority accrued prior to layoff after their return to work. d. Preferred Shift. Employees may use seniority to bid on a preferred shift or transit run provided a vacancy exists. Employees currently within the classification in which the vacancy has occurred will first be given the option to bid prior to the vacant hours being posted for other City employees. The use of seniority in library scheduling, if any, will be the subject of a separate letter to be negotiated at a later date. Section 4. Trial Period. A. Employee Option. A transferred employee shall be granted up to ten (10) days to determine if he/she wants to continue in the position to which he/she voluntarily transferred. If during the option period the employee desires to do so, he/she may return to the previous position. B. City Option. The length of the trial period for a person who is transferring to another position within the City will be adapted to the type of job, length of City employment and similarity to previous jobs, but will not be longer than forty (40) working days except by agreement between the City and the Union. A transferred employee agrees not to initiate another transfer for six (6) months. This limitation on voluntary transfers does not apply to promotions. If the employee's performance is unsatisfactory at the end of the trial pedod, they may return to their previous position or a similar vacancy. Section 5. Compensation after Transfer. When an employee transfers 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 the equivalent of a one step increase based on their pay prior to the transfer. Section 6. Transit Seniority. In the event two or more transit drivers have identical seniority dates, the order of seniority for selecting transit runs shall be determined by lot. ARTICLE 14 DISCIPLINE Section 1. Purpose. All parties to this Agreement recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. 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 invoked in the order listed: a. Oral reprimand or warning. b. Written reprimand or warning. c. Suspension with loss of pay. d. Discharge. Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first offense. Permanent employees shall have the dght to take up a suspension or discharge at Step 2 of the grievance procedure. Section 4. An employee may request the presence of a steward at the time of discipline. The steward may request a copy of the oral or written warning at that time. A copy of suspension or discharge will be forwarded to the chief steward. ARTICLE 15 I N S U RAN C E Section 1. Medical Insurance. The City will provide the health insurance policy known as the Blue Cross/Blue Shield "Iowa 500," Alliance, two-day deductible plan for employees and eligible dependents. Employees who elect to obtain family coverage will pay forty dollars ($40.00) per month (prorated for pad-time employees) toward the cost of such coverage. A pre rata share of the cost of the premium will be paid for pad-time employees. A description of the provisions of the negotiated "Iowa 500," Alliance, plan are set forth in Appendix "B". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or other alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. The City may meet with representatives of the Union for the purpose of negotiating an alternative to the "Iowa 500," Alliance. Five Union representatives shall attend such meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article 20. The issue to be decided by the arbitrator is the appropriateness of such an alternative, and whether or not it is reasonably equivalent to the "Iowa 500," Alliance. if the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500," Alliance plan shall remain in effect. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $8,834, the face value of the life insurance policy is $9,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. A description of the provisions of the negotiated Delta Dental plan are set forth in Appendix "B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. Section 4. Payroll Deductions. When the employer develops the computer capability to accommodate payroll deductions for a Union insurance plan or group benefit plan it shall provide for deduction of up to one such item. The Employer agrees to deduct from the wages of any employee who is a member of the Union a PEOPLE deduction as provided for in a written authorization, provided there is field capability and required deductions are not negatively affected. Such authorization must be executed by the employee and may be revoked by the employee at any time by giving written notice to both the Employer and the Union. The Employer agrees to remit any deductions made pursuant to this provision promptly to the Union together with an itemized statement showing the name of the employee from whose pay such deductions have been made and the amount deducted during the period covered by the remittance. Section 5. Carrier Chanqe. The parties agree that the employer may change insurance carriers provided the Union is given 60 days written notice of the change and the specifications and administration of the insurance plan(s) are not diminished. Regarding life and long-term disability insurance, the specifications provided in Sections 2 and 6 of this Article define those below which benefits shall not be diminished under this Section. Section 6. Lonq Term Disability Insurance. The City will provide long-term disability insurance for permanent full-time bargaining unit employees and for permanent part-time bargaining unit employees who work or are on paid leave time an average of 30 or more hours per week, with sixty percent (60%) coverage of salary to a maximum of three thousand dollars ($3,000) per month. This benefit, as applied, shall be subject to other applicable offsets such as worker's compensation, social security, sick leave, etc. Such disability insurance shall begin paying benefits after ninety (90) working days of continuous covered total disability. Regardless of other situations which are covered or not covered by the terms of the policy, long-term disability benefits shall not pay for situations arising from employment by any employer other than the City of Iowa City. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedures of this agreement. The City will absorb the cost of long-term disability insurance dudng the term of this contract provided that premiums do not increase in an amount greater than ten percent (10%). If said premiums do increase by more than ten percent (10%), the increase shall be subject to mutual agreement by the parties. All other increases in premium costs shall be subject to normal contract negotiations. All increases shall be included in computing the financial terms of any negotiated contract settlement. For the 2004-2007 collective bargaining agreement, the 10% increase language will only apply to the second and third years. The parties agree to meet and confer regarding any proposed job retraining for a disabled City employee, in order to discuss the terms and conditions of such retraining and reassignment. ARTICLE 16 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 immediately following 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 location or with equipment which presents an imminent personal hazard to him/herself or others the employee will report immediately to the Division Superintendent or designee who will determine the minimal standards under which employees must work. If the employee is then directed to work in a location or with equipment which is an imminent personal hazard to him/herself, he/she shall file a Step 2 grievance with the Department Director. Other disputes over safety hazards will be processed through the regular grievance procedure in Article 20 Section 4. Use of this procedure to create unnecessary delays will result in disciplinary action. Section 5. Safety Committee. The Union shall select two (2) city employees as representatives to each department/division safety committee. Section 6. The employer will provide required protective clothing or protective devices, including up to $125.00 annually for the purchase of safety shoes. Employees required to wear shoes with puncture resistant soles will receive such reimbursement up to $175 annually. The employer shall pay the reasonable full cost of medically prescribed safety shoes. All safety shoe purchases must receive prior approval from the employee's immediate supervisor. Denial of safety shoe purchase is subject to the grievance procedure commencing at Step 2. Section 7. The employer will provide up to $100.00 during each fiscal year for the purchase of prescription safety glasses, as needed, for those employees who are required to regularly wear safety glasses. The employer may specify the source and type of safety glasses for which reimbursement will be made. Replacement of safety glasses shall be subject to approval by the supervisor. ARTICLE 17 PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline. The employee's copy will be forwarded at the time it is placed in the file. Section 2. Under the supervision of an employee of the Human Relations Office and dudng normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. An employee shall have the right to attach a written response to any document in his/her personnel file. Section 3. Upon request, written warnings for minor infractions which are over twelve (12) months old will be removed from an employee's file, provided the problem has been corrected or there has been substantial improvement toward correction. Section 4. Oral warnings shall not be part of an employee's personnel record except as a notation of when such warning was given. Upon request, such notation shall be removed from the personnel file following ei9ht months of service without any discipline. ARTICLE 18 CLOTHING AND EQUIPMENT Section 1. Employees who are required to wear special uniforms will be provided with such uniforms. Uniform shirts shall be ANSI approved when obtained, subject to availability from local (within a 65 mile radius of Iowa City) uniform companies at competitive prices. Cleaning and maintenance will be paid by the employer. Outerwear, including hats, jackets and coats, will not be provided, except for Parking Enforcement Attendants. Gloves for discomfort from cold will not be provided. Rain hats and rain coats will be provided for employees required to perform a majority of their work out-of-doors. (Police Department employees see Appendix G.) Section 2. Commercial Drivers License. The employer will reimburse non-probationary employees for the difference between the cost of an operators license and Commercial Drivers License and any endorsements or restriction removals when the employee's job requirement includes possession of such license. When available, the City will provide equipment necessary to take the applicable tests. ARTICLE 19 RECOVERY AND REHABILITATION PROGRAM Section 1. Voluntary Referral Service. The City will provide where possible a voluntary referral service for employees with personal problems. Employees who suspect they may have a work problem even in the early stages are encouraged to seek treatment or counseling. All such requests and/or referrals in Section 3 for service will be treated in a confidential manner. Every attempt will be made to assist employees in obtaining needed services if they voluntarily request such assistance. Section 2. Problem Drinkinq. In the interest of providing efficient services to the public the City recognizes that employee alcoholism can and should be treated. Educational materials on problem drinking may be 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 other available community resources. Alcoholism as an illness is not a cause for discipline per se; however, interference with job performance may be subject to discipline. Every attempt will be made by the City and the Union to assist employees with drinking problems to obtain needed assistance. Rehabilitation assistance will be offered, but if job performance is not raised to an acceptable level, disciplinary action will be taken. Section 3. Procedure. Supervisors who identity work problems or stewards who identify personal problems may refer employees to the Human Relations office for assistance in obtaining educational and rehabilitation 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 20 GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Agreement shall mean any dispute between the City and the Union or any employee with regard to the meaning, application, or violation of any of the terms and provisions of this Agreement. The word "working day" shall be defined as any day except Saturday and Sunday and holidays listed in Article 9, Section 1, excluding the personal leave day, for purposes of this section. Section 2. Representation. An employee who is a member of the bargaining unit covered by this Agreement shall have the right to be represented by a steward at any grievance hearing or at any step of the grievance procedure, if he/she chooses. Employees are also entitled to representation by a steward at disciplinary conferences. Stewards will not attend other conferences between supervisors and employees except with the supervisor's approval. The Union will certify the names and addresses of the designated stewards to the City Personnel Administrator. In the absence of such certification the City will not be obligated under this Article to release any employee from duty for the purposes of investigating a grievance or representing another employee in any disciplinary or grievance proceeding. The City will compensate not more than one employee steward for the investigation of a grievance. If a second City employee has a special office in the Union handling grievances, that employee may request released time from his/her supervisor, and permission to work on the grievance will not be unreasonably withheld, but the City will not provide compensation for time spent. Any stewards who are City employees shall be released from work for not more than two (2) hours in one work week to work on grievance resolution. The employee will obtain permission from the immediate supervisor before investigating the grievance, but such permission will not be unreasonably withheld. Released time under this section is limited to grievance resolution. Notwithstanding any of the above, the Union President shall be released from work without loss of pay for a reasonable amount of time during any work week to work on grievance resolution. Supervisors and stewards agree to handle discipline and grievances with discretion. Section 3. Limitations. Unless a grievance is appealed as hereinafter provided, it shall have 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 a grievance is limited to the period of time sixty (60) days prior to the filing of the grievance regardless of the length of the practice giving rise to the grievance or the employee's lack of knowledge thereof. The following provisions will apply to interpretation of the above language: 1. Pay corrections in matters involving inaccuracies in payment of base pay and medt increases or inaccuracies created by data entry or other Accounting Division error will be made retroactive to the date of the error, which may be greater than sixty (60) days. 2. Any other type of payment error will be subject to the '60 day limitation on retroactive pay as outlined in Article 20. Section 4. Procedures. A grievance that may arise shall be processed and settled in the following manner: A. Step 1. The grievance shall be presented orally for discussion between the employee grievant, the steward if the employee chooses to be represented by a steward, and the employee's immediate supervisor within seven (7) working days after the knowledge of the event giving rise to the grievance. The supervisor shall deliver the answer verbally to the aggrieved employee or steward within seven (7) working days after the Step 1 conference. The date of the oral presentation of the grievance and the date of the verbal response shall be cedified in writing. If no response is received from the supervisor within seven (7) 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 seven (7) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, two (2) to be filed with the Depadment Director or designated representative and one (1) to be flied with the Union. For Library employees the grievance must be filed at this Step with the Library Director or designee. The written grievance shall contain a statement from the employee of the facts and section of this Agreement grieved and specifying what relief or remedy is desired. The grievant and steward shall include on the written grievance their names and the addresses to which they wish a response to be sent. mgr~asst~unions~ fscrne~loc 183a g doc 25 The grievant, steward and depadment director shall meet within seven (7) working days to discuss the grievance. The Department Director shall issue a decision in writing within seven (7) working days following the meeting. C. Step 3. A grievance not resolved by Step 2 shall be submitted to the City Manager or his/her designee within fifteen (15) working days of the date of receipt of the written decision referred to in Step 2. A meeting between the parties may be held if requested in writing. Such meeting shall be held within fifteen (15) working days. The City Manager will respond to the grievant and steward within fifteen (15) working days following receipt of the grievance or the third step meeting (if requested). D. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the 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 report, 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 arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators who are members of the National Academy of 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 strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written 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 dudng 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 within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the dght 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 5. Labor-Manaqement Committee. The Labor-Management Committee shall consist of the persons designated by the Union and the City. Not more than four (4) bargaining unit employees may be excused to attend meetings held during working hours. Representatives or agents of the parties may be present at grievance committee meetings. a. Bargaining unit employees (not more than four) excused from work to attend committee meetings will be paid for all regular duty time spent at such meetings. b. "Representatives or agents of the parties" as referenced above means only those representatives or agents retained by AFSCME and does not include, for the purpose of pay, officers, stewards, or other members of the bargaining unit. c. It is thus understood that the City shall in no circumstances be obliged to pay more than four (4) bargaining unit employees for duty time spent in attendance at a Labor-Management Committee meeting under the terms and provisions of this Section, except in such cases where said provisions may be voluntarily waived by both parties to the agreement. Meetings shall be no longer than two (2) hours in length and shall be scheduled to alternate between the working hours and non-working hours of the labor members unless mutually agreed otherwise. The function of the Labor-Management Committee shall be to meet and confer monthly with the City during the life of the contract for the purpose of adjusting pending grievances and to discuss procedures for avoiding future grievances (including safety matters) provided that: a. No topics will come before the Labor-Management Committee which are proper subjects for negotiations (e.g., new demands, changed circumstances, requests for new language, etc.); except for the investigation and discussion of cost containment features to health insurance. Any such features recommended by the committee must be ratified by the City and the Union prior to implementation. b. Every agenda item will be investigated before the meeting with the appropriate Department Director or designee. (Public Works - Division Heads). Section 6. Employee Involvement Efforts. The parties agree to actively pursue employee involvement efforts which will provide for joint problem-solving and more effective communication and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. ARTICLE 21 PAY PLAN Section 1. Classification Plan. The classification plan for bargaining unit employees is attached to this Agreement (see Appendix A). The pay plan in effect on July 2, 2004, shall be adjusted upward by two and sixty-five one-hundredths percent (2.65%) effective July 3, 2004. The pay plan in effect on July 1, 2005, shall be adjusted upward by two and seventy-five one- hundredths percent (2.75%) effective July 2, 2005. The pay plan in effect on June 30, 2006, shall be adjusted upward by two and eighty-five one-hundredths percent (2.85%) effective July 1, 2006. The effective date of compensation adjustments and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. Effective dates over the next four years, for example, are as follows: July 2, 2005 June 30, 2007 July 1, 2006 June 28, 2008 Section 2. Merit Plan. The pay plan is based on performance evaluations and merit. The City 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 2 grievance. Section 3. Pay Plan. Each range of the pay classification plan will contain six (6) steps (1~ 6). Employees at Step 1 are eligible for review and an increase to Step 2 after six (6) months. Step 1 will be determined by the City unilaterally based on market information and other factors relating to the particular job title for which the wage is being set. Employees on Steps 2-6 are eligible for review and an increase to the next step annually. Employees on Step 6 or those who are outside of the range are not eligible for step increases. Section 4. Equipment Mechanics Stipend. Each of the Equipment Division employees who is required to provide a complete set of mechanics tools will receive fifty dollars ($50.00) on or before July 15 of each of the contract years of this Agreement. Section 5. Lonqevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on a separate check on the last payday in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $325.00 10 years 500.00 15 years 650.00 20 years 800.00 25 years 1,050.00 Employees who terminate will receive a prorata share of the longevity payment reflected in their final check. The proration will be based on the nearest whole month of the year. Section 6. Pre-Tax Advantaqe Proqram. The Employer will offer employees a program, consistent with IRS regulations, through which employees may elect to make pre-tax reductions in taxable wages which will be paid to an account from which dependent care and health/dental premiums and expenses not covered by insurance will be paid. Section 7. Time Cards and Time Sheets. For ail City employees, the City shall provide the employee an opportunity to review their time card and time sheet at the same time. ARTICLE 22 AUTHORIZED REPRESENTATION~ ENTIRE AGREEMENT AND WAIVER All negotiations or bargaining with respect to the terms and conditions of this Agreement shall be conducted by authorized representatives of the Union and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the padies. This Agreement supersedes and cancels all previous agreements and practices between the Employer and the Union and constitutes the entire Agreement between the parties and concludes collective bargaining for its duration. All parties to this Agreement waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa. ARTICLE 23 GENERAL CONDITIONS Section 1. This agreement shall be construed under the laws of Iowa. Section 2. The City agrees to meet and confer at reasonable times with the Union on mandatory items to the fullest extent required by law and to provide to the Union a copy of the City Personnel Rules and Regulations and any amendments as adopted by Council. Comments on rules and the need for revisions in rules and regulations may be discussed by the Labor- Management Committee but any new negotiations on mandatory items or other items will be conducted only by authorized teams in compliance with this complete Agreement. Section 3. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, national origin, gender identity, disability, religion, marital status, sexual orientation, or political affiliation unless the reason for the discrimination is job-related or otherwise allowed by law. Section 4. Early Retirement Incentive. The City will give the Union notice and opportunity to discuss, at a labor management committee meeting, prior to implementing any early retirement incentive program. Such program must be applied on a unit-wide basis and participation will be voluntary. ARTICLE 24 DURATION OF AGREEMENT This agreement shall be in effect between July 1, 2004, and June 30, 2007. Furthermore, this contract shall continue from year to year subsequent to June 30, 2007, unless written notice to change or modify it is mailed or hand-delivered by either party to the other party prior to September 15 of the year preceding the expiration date or any extension thereof, and received by the other party no later than September 25 of that same year or the next working day thereafter. ARTICLE 25 SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Agreement be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Agreement shall remain in full force and effect. Neither party shall be required as a result of their agreement with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or Management they shall be negotiated immediately. Cases involving issues cognizable under the Iowa Civil Service Law (Chapter 400 et. seq. as amended) shall not be subject to the grievance and arbitration provisions of this contract unless this contract specifically regulates the issue(s) in question. THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183 CITY OF IOWA CITY, IOWA PRESIDENT MAYOR ~ ~1 ~'j LIBRA~.~...~ARD OF IOWA CITY, IOWA PRESIDENT SECRETARY TEAM MEMBERS Approved by A~,,~/Io~v~ ~'ouncil 6~1~' AFSCME JOB TITLE LIST FY05 (JULY 3, 2004) APPENDIX A - Page 1 1 Custodian 5 MWII - Parks MWI - Recreation MWII - Ramp/Meter Repair MWI - Senior Center MWII - Recreation MWI - Transit Facility MWII - Transit Sr Library Clerk 2 Cashier - Parking Sr Police Records Clerk Central Services Info Clerk Kennel Assistant MWI - Government B[dgs 6 Animal Control Officer MWI - Meter Reader Buyer I - Equipment MWI - Parking Systems Community Service Officer MWI - Pools Library Assistant I MWI - Transit MWII - Water Service Mail Clerk Mass Transit Operator MWI - Library Sr Account Clerk - Treasury Landfill Clerk Recycle Clerk - Landfill MWI - Transit Building Maintenance Swimming Pool Assistant 7 Customer Serv Rep - Parking Library Assistant II 3 Cashier - Treasury MWII - Landfill Clerical Assist - Cable TV MWII - LandfiIFRecycle Clerk Typist - Prks & Forestry MWII - Pools Library Clerk MWII - Refuse MWI - Towing MWII - Wastewater Treatment Plant MWI - Wastewater Treatment Parts/Data Entry Clerk MWI - Water Customer Service Production Assistant MWII - Government Bldgs Program Assistant Parking Enforcement Attendant Sr Clerk Typist - Sr. Center Scalehouse Operator Sr Clerk Typist - Streets Water Services Clerk Sr Clerk Typist - Wastewater MWII - Library Housing Assistant Clerical Assist - PCD MWII - Water Distribution Equipment Clerk Customer Serv Rep - Transit MWI - Water Plant 8 Engineering Technician Laboratory Technician 4 Account Clerk - Accounting Library Assistant III Account Clerk - Treasury MWII - Forestry Clerk Typist - Solid Waste MWII - Streets MWI - Forestry MWIII - Cemetery MWI - Refuse MWIII - Landfill MWI - Streets MWlll - Parks MWII - CBD MWlll - Wastewater Collection MWII - Cemetery Sr Accounts Payable Clerk MWII - Parking Systems Special Projects Asst - Cable Police Records Clerk Public Services Clerk Sr Clerk Typist - Recreation AFSCME JOB TITLE LIST FY05 (JULY 3, 2004) APPENDIX A- Page 2 9 Buyer II 13 Chemist Community Programmer Development Reg Specialist Construction Inspector I Elec Tech - Traffic Eng Customer Service Rep FSS Program Coordinator Electrician Librarian II Emergency Comm Dispatcher Mechanic III - Equipment (DAY) Mechanic I - Equipment Mechanic III - Equipment (EVE) Office Coord - Recreation Sr Accountant - Accounting Sr Engineering Technician Sr Accountant - Treasury Sr Library Assistant Sr MW - Wastewater Collection Housing Program Assistant Survey Party Chief MWIII - Senior Center Mechanic III - Transit Communications Tech - Cable Internal Auditor 14 Program Spec- Sr Center 10 Body Repair Mechanic Rec Program Supervisor Housing Inspector Sr Construction Inspector Housing Office Manager Sr MW - Streets MWIII - Water Dist Sr MW - Wastewater Plant Maintenance Operator - Wastewater Sr MW - Water Dist Public Info/Ed Coordinator - Water Sr TPO - Wastewater TPO - Wastewater Treatment Volunteer Spec - Sr Center TPO - Water Sr TPO - Water Maintenance Operator- Water Network Database Specialist Sr MW - Water Plant 11 Customer Service Coord 15 Associate Planner Housing Rehab Specialist Civil Engineer MWlII - Streets Human Rights Investigator MWlII - Wastewater Human Services Coord Mechanic II - Equipment Sr Librarian Microcomputer Specialist Solid Waste Planner Page Supervisor Special Projects Inspector Library Web Specialist Mechanic II - Transit Accountant - Payroll 12 Construction Inspector II Electronics Tech - Wastewater Librarian I Special Projects Inspector II Sr MW - CBD Sr MW - Forestry Sr MW - Parks Sr MW - Turfgrass Specialist Utilities Technician Electronics Tech - Water Building Inspector Sr MW - Parking & Transit APPENDZX B IOWA SOO IOk~ ~00 HE~'rH CARE gOVERAGE ZO~ ~ c~era~ c~i~s ~stc BI~ C~ss ~spt~l, Blue Shteld ~stctan and ~or ~dt~l ~ve~ges tn~ a stngle p~gr~ using ~ucttbles and copa~n~. ~d afar ~ ~du~tble and copa~nt ~ve ~n sattsfted, ~ dollar co~ra~ and n~r of hospttal days a~ un11~ ex,pt for ~ous and ~nhl a~tsstons. In sho~, t~ Subsc~r sha~s tn ~ costs of ~e ~dt~11y necessa~ ~p1~1-~ ~dt~l and su~t~l se~tces p~vt~d. ~ver, ~e Subsc~r~s sha~ never exc~ds S5~ ~r c~tract ~r ~ear for cove~d se~t~s, ~ga~less of ~e n~r of f~ly ~. ~ 500 plan ~ft~ enc~rage ~dtcal- self-mtn~nan~ practices b~ ~ytng for 9~ of ~e c~e~ Usual, '~s~ and Reasonable cha~s for: ~ ~tne unual p~1~1 ex~tnat~ tn a d~r"s offt~ or cltntc ~ H~ ~d offt~ calls ~ded ~ diagnose or t~at a ~dt~l condition t I~ntzatt~s ~ut~ b~ a Subsc~r or any '~ tn a ~sc~r"s fmtl~ T~ ~a ~htnd IO~ 5~ ~ve~? To encoura conttnu~n ~dical self mtn~nance and ~lp ~duce t~ eng an n r o ~neCessa~ ~. These effo~, of ~~~-~ cost--and rates--in 1t~. ~E I~ 5~ Plan ~ve~ ~se ~nstve ~s: ~SPIT~ ~E 90/10 ~YSICI~ S~VIC~ 90/10 Inpatient ~ ~d office vts~ . ~t-p~va~ ~ and ~ ~e ~uttne annual physical . Ne~ssa~ se~t~s ~d suppltes e~ . ~rattng ~, tn~stve ~, P~na~l ~d ~st-na~l ca~ co~na~ and bu~ ~ ~t~ tn ph~tctan's office . ~!1ve~ ~ f~ ~1 ~11ve~, I~tzatt~s ~esa~an section, Msca~tage or Hospt~l vist~ and nu~ing a~isston for false la~r factlit~ visits . Necessa~ la~rato~ and x-~ se~t ~s Outpatient NERVOU~ ~ ~ gO/10 . Surge~ ~tpattent - 90/10 to $10,000 . Otagnosttc x-ra~ and la~ratory Lifeti~ ~xt~. se~t ~s . Acct~nt ca~ SKILL~ NU~ING FACILITY 90/10 UnliSted R~ and Board ~E H~LTH ~RE 90/10 ~tces and suppltes . ~tces p~vt~d by a ........... ~gts~d Nu~e . ~l~s p~scrt~d by a physician 8-2 THE IO~A $00 PLAN GOVERS THESE OTHER SERVICES: ~hese',othe~. se~vtces .l~e subject tO a $100 contract deductible pe~ calgnda~ year · Presc~pttons Huts'lng Se~tces · Blood plasma · Private-duty nur~tng servtces · Casts Ambulance · Crutches . Att · Durable Badtrml equlpBant . 6ruund · Other-supplies vhEn ordered by · physician D~UCTIBLES AND COPAYT4~KT · Huspttal - The Subscriber ts._.~s~p~s.~!ble fo.r the f!rst t~o days of semi- private ~onm end board. ~ -~. .... Per Hospttal Adndsston. '~ .... ' ' ' ..... ;=-'~' *--'~"~" '~ ..... ~"~ . Ph~·edtctan -~ su~. scriber pays 10~ of the physician's Usual, Customary Keasonaole charges Including office calls. IO~A SO0 coverage pays the remaining · Ot_l?r S_?11.es/Ser~t.ces - ~ .subset.her pays the ftrst S100 per contract per ce.lonOit year TOt In·Ileal supplies and services. These Bay tnclude prescrlpttEn drugs, servtces of · Registered Nurse, ambulance services, home health care and braces. o.~l~_n_ ~ .subscrlbe.r's._e__xpendttures for hospital, phystcton, ond/or ?er services rearm 3~00 per year, IOHA 600 Days 100~ of all c~..rges. Zf the subscriber's e ndttures xpe o hospital, phystcton, ano/o.r, othe? services.do not ~ach $500, the subscriber pays 10~ of all .~re~_l.~nl_n~g ._c~_rges up to·. tut~.l.BaXt.l~...expen, dtture of S500. (Outpatient ~'.'~_'._'.._u~__~'_u!_.u~u. Ll. reT1Ba.~laxl.lUa, lS .met. Co-payment for outpatient c.uua gnu nenTal ones not apply to The out-of-pocket maxtmum. CARRYOVER OF ,DEDUCTIBLE Ex.pauses .for co~.er?.d .services tncurred during the months of October, Nov~m_her &no uecember Eno tmlCn ire used to sattsfy that year's deductible can be-u~ed tar·rd sattsf71ng the next calondar year's deductible. 1or 2d~y 9(71~10'~ $100 Ci~ B-2a Hospice care has been added to include respite care, a means by which services can be provided to relieve an individual caring for a terminally ill patient at home. Also included under hospice care are continuous home care and general inpatient care services. Hospital Bill Audits Experienced Blue Cross and Blue Shield auditors will review a random sample o! bills over SI0,000. This ensures that the charges are appropriate and represent services actually received. 2) what-happens if you fail to obtain prior approval for a non- ALLIANCE Program Provisions .emergency or planned admission? · Always obtain pre-admission certification pr/or to any non- 1) The ALLIANCE program consists emergency or planned inpatient admissions. Failure to do so will result in a substantial penalty, pethap~ as much as of seven program components. 50percent. alter which any applicable deductible and They are: coinsurance amounts ~ll be Roplied to the remain~g balance. Remember. it is your responsibility to make sure Pre-AtimL~ion Cettilication the call is placed. Blue Ctnss and Blue Shield must be notified prior to any Remember that it is not nec~_,y to contact Blue Cross non-emergency or planned inpatient admission to a hnspital, and Blue Shield unless you ate admitted as an inpatient to skilled nursing facility, mental health insUtution, or use of a health cate ~cility or to receive home health or hospice home health care or hospice program services, services. For example, if you obtain care on an outpatient Admi~ion Review basis (Lc., visit the doctor's o~fice or go to a hospital Blue Cto~ and Blue Shield must be notitied of all emergency emergency mom or clinic), and you ate not admitted for and maternity admLnsions within 24 hours, inpatient tteatmenL you need not contact us. · Always notify Blue Cross and Blue Shield of all emergency Continued Stay Review and maternity admissions within 24 hours. If you fall to do All hospital stays will be reviewed to ensure'that continued so, you will be responsible for the mom. and-board charges hospitalization, home care, hospice or other services ate for any days it is de~ermined your condition did not require medically neck-c-a_ ~ty to meet the patient's ongoing health inpatient hospitalization. care needs. Individual Case Management Focusis placed on speclal needs of patients with severe 3)To appeal a possible.reduction illnesses or injuries. A~ment may be made to waive Of benefits: standard coverage limitations or exclusions that might otherwise hinder alternative cate arrangements outside the · You or your physician may ask for a reconsideration of the hospital, decision. All requests should be made in writing and Mandatory Outpatient Surgery submitted by either you or your physician. Certain surgeries and procedures can be sagely performed on · You must appeal a benefit reduction within six months o! an outpatient basis withOut sacffiiclng the quality of care. receipt of notice for lailure to notify Blue Cross and Blue This requirement will be waived if inpatient admission Shield of an emergency or maternity admission within 24 is medically nec~__ry, hours. -additional Home Health Care and Hospice Benefits AI.IJ~,NCE...working with you, for you! Coverage is provided for services not usually offered in traditional coverage. Additional home health benefits provide expanded coverage for: · Skilled nursing services · Physical therapy · Speech therapy · Occupational therapy tome health aide services - Enteral and parenteral nutrition ·Prescription dtngs and medicines administered intravenously or intramuscularly ·Medical supplies 3 Sumnmry of Beneflt~ B-3 DELTA DENTAL COVERAGE aut__~? eneour~ee timely lnd efiectiv~ dent~l rneintermn~ .~l~~the~.~_Dent~l I~y~e.. nt b ~ .on.. U~u.,, Cu~tonmry .nd Iimwlnce~, ~ to dedu~ible ind ~m~n~m ..Yo?r Delt~ Dent~l progmm.inclu.~ ~. °reed'al necessity' provision Like Blue Cro,~ and Blue Shield of Iowa, the DeI~ Dental Plan rm~ claims direcUy from pa-;,~ de-,~-- --- --- - -- ..~.;uy ~ur yglU, I ~ IIIl~ifl~ ~f~llTl~h~ifl~ ~ ~r ~ and ~ · ~mm ~ ~ ~.~ ~, ~ ~n~l ~ ~n~ ~m ~mbin~ ~ m~ your n~s: ~1 ~uo~de appli~o~ ~ P~d ~ ~ mo~ th=~ ~ s~ mon~. -.. on~ ~1~o~ x-m~ o~ in ~ ~r in~wal unle~ ~ ~ ~n~ ~ ongoing ~ i~luding: ~ular ~ ~lli~ Omi ~e~ (i~ing ~ and ~m~ ~). Eme~e~ ~em ~r mli~ ~ ~in. Hig~ ~llings. ~ ~1 fillings. No--surimi ~ ~r gum d~. DMt~ DmntM Plan --o,,:.~ z~ ~ of IOW1 RATE QUOTATION PLAN ~! - _ 50 % % Program Maximums Single $ .--SL per year Family $ --SL per member, per year ' Lifetime benet'~ maximum on Orthodontics $ Program Rates* Single $ · per month Family $_. .---- per month These rates guaranteed for ~ months beginning on 7-1-85 '~'1'-'"; "':~ u~ wd~ eld,me employees for ~- ~.--,: This is · ~nem ~rilXion - ~-~-'~-- '-e---~'~-, m mn:e when ~he co,-~tc~ becomes effective.~e 8-4 (FY03) City o[ Iowa City Dental Benefit Plan 711/02 through 6/30/03 Individual Annual Maximum $1,000 Orthodontic Lifetime Maximum NA Deductible Single $25 Family $75 Diagnostic & Preventive 100% Deductible Waived Routine and Restorative 80% Deductible Applies Perodontics 80% Deductible Applies Surgical Periodontic~ - Not Covered 50% Endontics Deductible Applies Cast Restorations 50% Deductible Applies AFSCME PAYPLAN FY05 (JULY 3, 2004) APPENDIX C - 1 Page 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian $12.06 $13.52 $13.93 $14.43 $14.87 $15.39 MW I - Recreation $964.80 $1,081.60 $1,114.40 $1,154.40 $1,189.60 $1,231.20 MW I - Sr Center $25,084.80 $28,121.60 $28,974.40 $30,014.40 $30,929.60 $32,011.20 MW I - Transit Facility 2 Cashier- Parking $12.42 $13.93 $14.43 $14.87 $15.39 $15.91 Central Services Info Clerk $993.60 $1,114.40 $1,154.40 $1,189.60 $1,231.20 $1,272.80 Kennel Assistant $25,833.60 $28,974.40 $30,014.40 $30,929.60 $32,011.20 $33,092.80 MW I - Govt Bldgs MW I - Meter Reader MW ~ - Parking Systems MW ~ - Pools MW t - Transit Mail Clerk MW I - Library Landfill Clerk MWl - Transit Btdg Mnt Swimming Pool Assr 3 Cashier-Treasury $12.83 $14.43 $14.87 $15.39 $15.91 $16.47 Clerical Assist - Cable TV $1,026.40 $1,154.40 $1,189.60 $1,231.20 $1,272.80 $1,317.60 Clerk Typist - Prks & Forestry $26,686.40 $30,014.40 $30,929.60 $32,011.20 $33,092.80 $34,257.60 Library Clerk MW I - Towing MW I - Wastewater Treatment MW I - Water Customer Service MW II - Government Bldgs Parking Enforcement Attendant Scalehouse Operator Water Services Clerk MW II -Library Clerical Assist - PCD Equipment Clerk MW I - Water Plant 4 Account Clerk - Acctng $13.28 $14.87 $15.39 $15.91 $16.47 $17.08 Account Clerk - Treasury $1,062.40 $1,189.60 $1,231.20 $1,272.80 $1,317.60 $1,366.40 Clerk/Typist - Solid Waste $27,622.40 $30,929.60 $32,011.20 $33,092.80 $34,257.60 $35,526.40 MW I - Forestry MW I - Refuse MW I - Streets MW II - CBD MW II - Cemetery MW Il ~ Parking Systems Police Records Clerk Public Services Clerk Sr ClerkJTypist - Recreation FY05a~cme2 AFSCME PAYPLAN FY05 * JULY 3, 2004) APPENDIX C - 1 Page 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 5 MW II - Parks $13.77 $15.37 $15.84 $16.34 $16.95 $17.50 MW II - Ramp/Meter Repair $1,101.60 $1,229.60 $1,267.20 $1,307.20 $1,356.00 $1,400.00 MW II- Recreation $28,641.60 $31,969.60 $32,947.20 $33,987.20 $35,256.00 $36,400.00 MW Ii - Transit Sr Library Clerk Sr Police Records Clerk 6 Animal Control Officer $14.20 $15.91 $16.47 $17.08 $17.66 $18.29 Buyer I - Equipment $1,136.00 $1,272.80 $1,317.60 $1,366.40 $1,412.80 $1,463.20 Community Service Officer $29,536.00 $33,092.80 $34,257.60 $35,526.40 $36,732.80 $38,043.20 Library Assistant I MW II - Water Service Mass Transit Operator Sr Account Clerk - Treasury Recycle Clerk - Landfill 7 Customer Serv Rep - Parking $14.71 $16.47 $17.08 $17.66 $18.29 $18.96 Library Assistant II $1,176.80 $1,317.60 $1,366.40 $1,412.80 $1,463.20 $1,516.80 MW II - Landfill $30,596.80 $34,257.60 $35,526.40 $36,732.80 $38,043.20 $39,436.80 MW II - Landfill/Recycle MW [[ - Pools MW II - Refuse MW II - Wastewater Treatment Pint Parts/Data Entry Clerk Production Assistant Program Assistant Sr Clerk/Typist - Sr Center Sr Clerk/Typist - Streets Sr Clerk]Typist - Wastewater Housing Assistant MWll - Water Dist. Customer Serv Rep - Transit 8 Eng ineedng Technician $15.18 $17.08 $17.66 $18.29 $18.96 $19.64 Laboratory Technician $1,214.40 $1,366.40 $1,412.80 $1,463.20 $1,516.80 $1,571.20 LibraryAssistant III $31,574.40 $35,526.40 $36,732.80 $38,043.20 $39,436.80 $40,851.20 MW I[ - Forestry MW II - Streets MW III - Cemetery MW III - Landfill MW III - Parks MW III - Wastewater Collection Sr Accounts Payable Clerk Special Projects Asst - Cable FY05afscme2.xls AFSCME PAYPLAN FY05 (JULY 3, 2004) APPENDIX C - 1 Page 3 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 9 Buyer II $15~64 $17.50 $18.10 $18.74 $19.39 $20.09 Community Programmer $1,251.20 $1,400.00 $1,448.00 $1,499~20 $1,551.20 $1,607.20 Construction Inspector I $32,531.20 $36,400.00 $37,648.00 $38,979.20 $40,331.20 $41,787.20 Customer Service Rep Electrician Emergency Comm Dispatcher Mechanic I - Equipment Office Coord - Recreation Sr Engineering Tech Sr Library Assistant Housing Program Assistant MW III - Senior Center Communications Tech - Cable 10 Body Repair Mechanic $16.10 $18.00 $18.61 $19.22 $19.90 $20.58 Housing Inspector $1,288.00 $1,440.00 $1,488.80 $1,537.60 $1,592.00 $1,646.40 Housing Office Manager $33,488.00 $37,440.00 $38,708.80 $39,977.60 $41,392.00 $42,806.40 MW III - Water Dist Maintenance Operator - Wastewater Public Info/Ed Coord - Water TPO - Wastewater Treatment TPO - Water Maintenance Operator - Water 11 Customer Service Coord $17.16 $18.96 $19.64 $20.46 $21.16 $21.96 Housing Rehab Specialist $1,372.80 $1,516.80 $1,571.20 $1,636.80 $1,692.80 $1,756.80 MW III - Streets $35,692.80 $39,436.80 $40,851.20 $42,556.80 $44,012.80 $45,676.80 MW Iii - Wastewater Mechanic II - Equipment Microcomputer Specialist Page Supervisor Special Projects Inspector Library Web Specialist Mechanic Il - Transit Accountant - Payroll 12 Construction Inspector II $17.95 $19.63 $20.30 $21.05 $21.81 $22.53 Electronics Tech - Wastewater $1,436.00 $1,570.40 $1,624.00 $1,684.00 $1,744.80 $1,802.40 Librarian I $37,336.00 $40,830.40 $42,224.00 $43,784.00 $45,364.80 $46,862.40 Special Projects Inspector II Sr MW - CBD Sr MW - Forestry Sr MW - Parks Sr MW - Turfgrass Specialist Utilities Technician Electronics Tech - Water Building Inspector Sr MW - Parking & Transit FY05a~cme2 AFSCME PAYPLAN FY05 (JULY 3, 2004) APPENDIX C - 1 Page 4 PAY<GRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 13 Chemist $18.54 $20.46 $21.16 $21.96 $22.80 $23.65 Development Reg Specialist $1,483.20 $1,636.80 $1,692.80 $1,756.80 $1,824.00 $1,892.00 ElecTech-TrafficEng $38,563.20 $42,556.80 $44,012.80 $45,676.80 $47,424.00 $49,192.00 FSS Program Coord Librarian II Mechanic III - Equipment (DAY) Mechanic III - Equipment (EVE) Sr Accountant - Acctng Sr Accountant - Treasury Sr MW - Wastewater Collection Survey Party Chief Mechanic III - Transit Internal Auditor 14 Program Spec - Sr Center $19.24 $21.16 $21.96 $22.80 $23.65 $24.40 Rec Program Supe~sor $1,539.20 $1,692.80 $1,756.80 $1,824.00 $1,892.00 $1,952.00 SrConstruction Inspector $40,019.20 $44,012.80 $45,676.80 $47,424.00 $49,192.00 $50,752.00 Sr MW - Streets Sr MW - Wastewater Plant Sr MW - Water Dist Sr TPO - Wastewater Volunteer Spec - Sr Center Sr. TPQ - Water Network Database Specialist Sr MW - Water Plant 15 Associate Planner $20.09 $21.99 $22.83 $23.70 $24.44 $25.28 CMl Engineer $1,607.20 $1,759.20 $1,826.40 $1,896.00 $1,955.20 $2,022.40 Human Rights Investigator $41,787.20 $45,739.20 $47,486.40 $49,296.00 $50,835.20 $52,582.40 Human Se~ces Coord Sr Librarian Solid Waste Planner FY05afscme2.xls AFSCME PAYPLAN FY06 (JULY 2, 2005) APPENDIX C - 2 Page 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian $12.39 $13.89 $14.31 $14.83 $15.28 $15.81 MW I - Recreation $991.20 $1,111.20 $1,144.80 $1,186.40 $1,222.40 $1,264.80 MW I - Sr Center $25,771.20 $28,891.20 $29,764.80 $30,846.40 $31,782.40 $32,884.80 MW I - Transit Facility 2 Cashier - Parking $12.76 $14.31 $14.83 $15.28 $15.81 $16.35 Central Services Info Clerk $1,020.80 $1,144.80 $1,186.40 $1,222.40 $1,264.80 $1,308.00 Kennel Assistant $26,540.80 $29,764.80 $30,846.40 $31,782.40 $32,884.80 $34,008.00 MW t - Govt Bldgs MW I - Meter Reader MW I - Parking Systems MW I - Pools MW I - Transit Mail Clerk MW I - Library Landfill Clerk MWl - Transit Bldg Mnt Swimming Poop Assr 3 Cashier-Treasury $13.18 $14.83 $15.28 $15.81 $16.35 $16.92 Clerical Assist - Cable TV $1,054.40 $1,186.40 $1,222.40 $1,264.80 $1,308.00 $1,353.60 Clerk Typist - Prks & Forestry $27,414.40 $30,846.40 $31,782.40 $32,884.80 $34,008.00 $35,193.60 Library Clerk MW I - Towing MW I - Wastewater Treatment MW I - Water Customer Service MW II - Government Bldgs Parking Enforcement Attendant Scalehouse Operator Water Services Clerk MW II -Library Clerical Assist - PCD Equipment Clerk MW I - Water Plant 4 Account Clerk - Acctng $13.65 $15.28 $15.81 $16.35 $16.92 $17.55 Account Clerk - Treasury $1,092.00 $1,222.40 $1,264.80 $1,308.00 $1,353.60 $1,404.00 Clerk/Typist - Solid Waste $28,392.00 $31,782.40 $32,884.80 $34,008.00 $35,193.60 $36,504.00 MW I - Forestry MW I - Refuse MW I - Streets MW II - CBD MW II - Cemetery MW Il - Parking Systems Police Records Clerk Public Services Clerk Sr ClerkJTypist - Recreation FYO6a~cme2 AFSCME PAYPLAN FY06 (JULY 2, 2005) APPENDIX C - 2 Page 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 5 MW it - Parks $14.15 $15.79 $16.28 $16.79 $17.42 $17.98 MW II - Ramp/Meter Repair $1,132.00 $1,263.20 $1,302.40 $1,343.20 $1,393.60 $1,438.40 MW II- Recreation $29,432.00 $32,843.20 $33,862.40 $34,923.20 $36,233.60 $37,398.40 MW II - Transit Sr Library Clerk Sr Police Records Clerk 6 Animal Control Officer $14.59 $16.35 $16.92 $17.55 $18.15 $18.79 Buyer I - Equipment $1,167.20 $1,308.00 $1,353.60 $1,404.00 $1,452.00 $1,503.20 Community Service Officer $30,347.20 $34,008.00 $35,193.60 $36,504.00 $37,752.00 $39,083.20 Library Assistant I MW II - Water Service Mass Transit Operator Sr Account Clerk - Treasury Recycle Clerk - Landfill 7 Customer Serv Rep - Parking $15.11 $16.92 $17.55 $18.15 $18.79 $19.48 Library Assistant II $1,208.80 $1,353.60 $1,404.00 $1,452.00 $1,503.20 $1,558.40 MW II- Landfill $31,428.80 $35,193.60 $36,504.00 $37,752.00 $39,083.20 $40,518.40 MW Ii - Landfill/Recycle MW II - Pools MW II - Refuse MW II - Wastewater Treatment Pint Parts/Data Entry Clerk Production Assistant Program Assistant Sr Clerk/Typist- Sr Center Sr Clerk/Typist - Streets Sr Clerk/Typist - Wastewater Housing Assistant MWll - Water Dist. Customer Serv Rep - Transit 8 Engineering Technician $15.60 $17.55 $18.15 $18.79 $19.48 $20.18 Laboratory Technician $1,248.00 $1,404.00 $1,452.00 $1,503.20 $1,558.40 $1,614.40 Library Assistant III $32,448.00 $36,504.00 $37,752.00 $39,083.20 $40,518.40 $41,974.40 MW II - Forestry MW II - Streets MW III - Cemetery MW III - Landfill MW III - Parks MW III - Wastewater Collection Sr Accounts Payable Clerk Special Projects Asst - Cable FY06afscme2.xls AFSCME PAYPLAN FY06 (JULY 2, 2005) APPENDIX C - 2 Page 3 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 9 Buyer II $16.07 $17.98 $18.60 $19.26 $19.92 $20.64 Community Programmer $1,285.60 $1,438.40 $1,488.00 $1,540.80 $1,593.60 $1,651.20 Construction inspector I $33,425.60 $37,398.40 $38,688.00 $40,060.80 $41,433.60 $42,931.20 Customer Service Rep Electrician Emergency Comm Dispatcher Mechanic I - Equipment Office Coord - Recreation Sr Engineering Teoh Sr Library Assistant Housing Program Assistant MW II1 - Senior Center Communications Tech - Cable 10 Body Repair Mechanic $16.54 $18.50 $19.12 $19.75 $20.45 $21.15 Housing Inspector $1,323.20 $1,480.00 $1,529.60 $1,580.00 $1,636.00 $1,692.00 Housing Office Manager $34,403.20 $38,480.00 $39,769.60 $41,080.00 $42,536.00 $43,992.00 MW III - Water Dist Maintenance Operator - Wastewater Public Info/Ed Coord - Water TPO - Wastewater Treatment TPO - Water Maintenance Operator - Water Customer Service Coord $17.63 $19.48 $20.18 $21.02 $21.74 $22.56 Housing Rehab Specialist $1,410.40 $1,558.40 $1,614.40 $1,681.60 $1,739.20 $1,804.80 MW III - Streets $36,670.40 $40,518.40 $41,974,40 $43,721.60 $45,219.20 $46,924,80 MW III - Wastewater Mechanic II - Equipment Microcomputer Specialist Page Supervisor Special Projects Inspector Library Web Specialist Mechanic I1 - Transit Accountant - Payroll 12 Construction Inspector II $18.44 $20.17 $20.86 $21.63 $22.41 $23.15 Electronics Tech - Wastewater $1,475.20 $1,613.60 $1,668.80 $1,730.40 $1,792.80 $1,852.00 Librarian I $38,355.20 $41,953.60 $43,388.80 $44,990.40 $46,612.80 $48,152.00 Special Projects Inspector II Sr MW - CBD Sr MW - Forestry Sr MW - Parks Sr MW - Turfgrass Specialist Utilities Technician Electronics Tech - Water Building Inspector Sr MW - Parking & Transit FYO6a~cme2 AFSCME PAYPLAN FY06 (JULY 2, 2005) APPENDIX C - 2 Page 4 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 13 Chemist $19.05 $21.02 $21.74 $22.56 $23.43 $24.30 Development Reg Specialist $1,524.00 $1,681.60 $1,739.20 $1,804.80 $1,874.40 $1,944.00 Elec Tech -Traffic Eng $39,624.00 $43,721.60 $45,219.20 $46,924.80 $48,734.40 $50,544.00 FSS Program Coord Librarian II Mechanic Ill - Equipment (DAY) Mechanic Ill - Equipment (EVE) Sr Accountant - Acctng Sr Accountant - Treasury Sr MW - Wastewater Collection Sun~ey Party Chief Mechanic III - Transit Internal Auditor '14 Program Spec - Sr Center $19.77 $21.74 $22.56 $23,43 $24.30 $25.07 Rec Program Supe~sor $1,581.60 $1,739.20 $1,804.80 $1,874.40 $1,944.00 $2,005.60 SrConstruction Inspector $41,121.60 $45,219.20 $46,924.80 $48,734.40 $50,544.00 $52,145.60 Sr MW - Streets Sr MW - Wastewater Plant Sr MW - Water Dist Sr TPO - Wastewater Volunteer Spec - Sr Center Sr. TPO - Water Network Database Specialist Sr MW - Water Plant 15 Associate Planner $20.64 $22.59 $23.46 $24.35 $25.11 $25.98 CMl Engineer $1,651.20 $1,807.20 $1,876.80 $1,948.00 $2,008.80 $2,078.40 Human Rights Investigator $42,931.20 $46,987.20 $48,796.80 $50,648.00 $52,228.80 $54,038.40 Human Se~ces Coord Sr Librarian Solid Waste Planner FY06afscme2.xls AFSCME PAYPLAN FY07 (JULY 1, 2006) APPENDIX C - 3 Page 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian $12.74 $14.29 $14.72 $15.25 $15.72 $16.26 MW I - Recreation $1,019.20 $1,143.20 $1,177.60 $1,220.00 $1,257.60 $1,300.80 MW I - Sr Center $26,499.20 $29,723.20 $30,617.60 $31,720.00 $32,697.60 $33,820.80 MW I - Transit Facility 2 Cashier - Parking $13.12 $14.72 $15.25 $15.72 $16.26 $16.82 Central Services Info Clerk $1,049.60 $1,177.60 $1,220.00 $1,257.60 $1,300.80 $1,345.60 Kennel Assistant $27,289.60 $30,617.60 $31,720.00 $32,697.60 $33,820.80 $34,985.60 MW I - Govt Bldgs MW I - Meter Reader MW I - Parking Systems MW I - Pools MW I - Transit Mail Clerk MW I - Library Landfill Clerk MWl - Transit Bldg Mnt Swimming Pool Assr 3 Cashier-Treasury $13.56 $15.25 $15.72 $16.26 $16.82 $17.40 Clerical Assist - Cable TV $1,084.80 $1,220.00 $1,257.60 $1,300.80 $1,345.60 $1,392.00 Clerk Typist - Prks & Forestry $28,204.80 $31,720.00 $32,697.60 $33,820.80 $34,985.60 $36,192.00 Library Clerk MW I - Towing MW I - Wastewater Treatment MW I - Water Customer Service MW II - Government Bldgs Parking Enforcement Attendant Scalehouse Operator Water Services Clerk MW II -Library Clerical Assist - PCD Equipment Clerk MW I - Water Plant 4 Account Clerk - Acctng $14.04 $15.72 $16.26 $16.82 $17.40 $18.05 Account Clerk - Treasury $1,123.20 $1,257.60 $1,300.80 $1,345.60 $1,392.00 $1,444.00 ClerkJTypist - Solid Waste $29,203.20 $32,697.60 $33,820.80 $34,985.60 $36,192.00 $37,544.00 MW I - Forestry MW I - Refuse MW I - Streets MW II - CBD MW II - Cemetery MW II - Parking Systems Police Records Clerk Public Services Clerk Sr Clerk/Typist - Recreation FY07a~cme2 AFSCME PAYPLAN FY07 (JULY 1, 2006) APPENDIX C ~ 3 Page 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 5 MW II - Parks $14.55 $16.24 $16.74 $17.27 $17.92 $18.49 MW II - Ramp/Meter Repair $1,164.00 $1,299.20 $1,339.20 $1,381.60 $1,433.60 $1,479.20 MW II - Recreation $30,264.00 $33,779.20 $34,819.20 $35,921.60 $37,273.60 $38,459.20 MW II - Transit Sr Library Clerk Sr Police Records Clerk 6 Animal Control Officer $15.01 $16.82 $17.40 $18.05 $18.67 $19.33 Buyer I - Equipment $1,200.80 $1,345.60 $1,392.00 $1,444.00 $1,493.60 $1,546.40 Community Service Officer $31,220.80 $34,985.60 $36,192.00 $37,544.00 $38,833.60 $40,206.40 Library Assistant I MW II - Water Service Mass Transit Operator Sr Account Clerk - Treasury Recycle Clerk - Landfill 7 Customer Serv Rep - Parking $15.54 $17.40 $18.05 $18.67 $19.33 $20.04 Library Assistant II $1,243.20 $1,392.00 $1,444.00 $1,493.60 $1,546.40 $1,603.20 MW II - Landfill $32,323.20 $36,192.00 $37,544.00 $38,833.60 $40,206.40 $41,683.20 MW II - Landfill/Recycle MW II - Pools MW II - Refuse MW II - Wastewater Treatment Pint Parts/Data Entry Clerk Production Assistant Program Assistant Sr Clerk/Typist - Sr Center Sr Clerk/Typist - Streets Sr Clerk/Typist - Wastewater Housing Assistant MWII - Water Dist. Customer Serv Rep - Transit 8 Engineering Technician $16.04 $18.05 $18.67 $19.33 $20.04 $20.76 Laboratory Technician $1,283.20 $1,444.00 $1,493.60 $1,546.40 $1,603.20 $1,660.80 Library Assistant III $33,363.20 $37,544.00 $38,833.60 $40,206.40 $41,683.20 $43,180.80 MW II - Forestry MW II - Streets MW III - Cemetery MW III - Landfill MW III - Parks MW III - Wastewater Collection Sr Accounts Payable Clerk Special Projects Assr - Cable FY07afscme2.xls AFSCME PAYPLAN FY07 (JULY 1,2006) APPENDIX C - 3 Page 3 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 9 Buyer II $16.53 $18.49 $19.13 $19.81 $20.49 $21.23 Community Programmer $1,322.40 $1,479.20 $1,530.40 $1,584.80 $1,639.20 $1,698.40 Construction Inspector I $34,382.40 $38,459.20 $39,790.40 $41,204.80 $42,619.20 $44,158.40 Customer Service Rep Electrician Emergency Comm Dispatcher Mechanic I - Equipment Office Coord - Recreation Sr Engineering Tech Sr Library Assistant Housing Program Assistant MW III - Senior Center Communications Tech - Cable 10 Body Repair Mechanic $17.01 $19.03 $19.66 $20.31 $21.03 $21.75 Housing Inspector $1,360.80 $1,522.40 $1,572.80 $1,624.80 $1,682.40 $1,740.00 Housing Office Manager $35,380.80 $39,582.40 $40,892.80 $42,244.80 $43,742.40 $45,240.00 MW III - Water Dist Maintenance Operator - Wastewater Public Info/Ed Coord - Water TPO - Wastewater Treatment TPO - Water Maintenance Operator - Water 11 Customer Service Coord $18.13 $20.04 $20.76 $21.62 $22.36 $23.20 Housing Rehab Specialist $1,450.40 $1,603.20 $1,660.80 $1,729.60 $1,788.80 $1,856.00 MW ~11 - Streets $37,710.40 $41,683.20 $43,180.80 $44,969.60 $46,508.80 $48,256.00 MW tll - Wastewater Mechanic II - Equipment Microcomputer Specialist Page Supervisor Special Projects Inspector Library Web Specialist Mechanic II - Transit Accountant - Payroll "12 Construction Inspector II $18.97 $20.74 $21.45 $22.25 $23.05 $23.81 Electronics Tech - Wastewater $1,517.60 $1,659.20 $1,716.00 $1,780.00 $1,844.00 $1,904.80 Librarian I $39,457.60 $43,139.20 $44,616.00 $46,280.00 $47,944.00 $49,524.80 Special Projects Inspector II Sr MW - CBD Sr MW - Forestry Sr MW - Parks Sr MW - Turfgrass Specialist Utilities Technician Electronics Tech - Water Building Inspector Sr MW - Parking & Transit FY07a~cme2 AFSCME PAYPLAN FY07 (JULY 1, 2006) APPENDIX C - 3 Page 4 PAYGRADE~: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 13 Chemist $19.59 $21.62 $22.36 $23.20 $24.10 $24.99 Development Reg Specialist $1,567.20 $1,729.60 $1,788.80 $1,856.00 $1,928.00 $1,999.20 Elec Tech - Traffic Eng $40,747.20 $44,969.60 $46,508.80 $48,256.00 $50,128.00 $51,979.20 FSS Program Coord Librarian II Mechanic III - Equipment (DAY) Mechanic III - Equipment (EVE) Sr Accountant - Acctng Sr Accountant - Treasury Sr MW - Wastewater Collection Survey Party Chief Mechanic III - Transit Internal Auditor 14 Program Spec - Sr Center $20.33 $22.36 $23.20 $24.10 $24.99 $25.78 Rec Program Supervisor $1,626.40 $1,788.80 $1,856.00 $1,928.00 $1,999.20 $2,062.40 Sr Construction Inspector $42,286.40 $46,508.60 $48,256~00 $50,128.00 $51,979.20 $53,622.40 Sr MW - Streets Sr MW - Wastewater Plant Sr MW - Water Dist Sr TPO - Wastewater Volunteer Spec - Sr Center Sr. TPO - Water Network Database Specialist Sr MW - Water Plant Associate Planner $21.23 $23.23 $24.13 $25.04 $25.83 $26.72 Civil Engineer $1,698.40 $1,858.40 $1,930.40 $2,003.20 $2,066.40 $2,137.60 Human Rights Investigator $44,158.40 $48,318.40 $50,190.40 $52,083.20 $53,726.40 $55,577.60 Human Services Coord Sr Librarian Solid Waste Planner FY07afscme2.xls APPENDIX D Reclassification Procedures Section ~ The Job Evaluation Committee will be responsible for maintaining fair and equitable cla. ssification c~f all AFSCME positions, for classifying new AFSCME positions, and resolving disputes over position classification. Section 2. Eva~uation Instrument The Committee will use the Waters evaluation instrument used in the 1993 study and shal] have responsibility for modification or interpretation of the evaluation instrument. Section 3. Committee Membership and Structure, 1. The Job Evaluation Committee shall be comprised of eight members, four to be selected by the City, including the Personnel Administrator, and four to be selected from the Union. Members will be selected based on their knowledge of a wide range of City Jobs and operations. The Union will select its representatives to the Committee, subject to the City's ability to excuse the individual employee from his/her duties for the length of time necessary to accomplish the Committee's objectives. Selection of Union representatives will not be unreasonably denied. Section 4. Meetinqs 1. The Committee will meet as necessary to hear all position reclassification appears by employees, at the call of the Personnel Administrator, normally no later than 60 days following submission of an appeal. 2. Committee members will be comPensated for all meeting time during the employee's regularly scheduled working hours. Section 5. Rules 1. All decisions of the Committee, except where otherwise noted, will be considered to be passed upon a simple majority of its members, which shall constitute a quorum (including the Personnel Administrator). 2. In the event that the Committee is unable to achieve simple majority approval of any specific classification or compensation decision, classification or compensation of the position in question will remain unchanged. 3. The Personnel Administrator may vote in place of any absent Management Committee members. The Union officers may vote for any absent Union member. D-2 4. The Job Evaluation Committee may waive, modify or amend any of the sections of this article as specified, upon unanimous vote of the Committee. The Committee shall determine all other necessary operating rules and procedures. 5. No new pay range or classification adjustments will be made without approval of the Committee. Section 6. Classification Appeals 1. Employees will be informed of the procedures for appealing the classification of a position. 2. An employee may only appeal the classification of his/her own position. Appeals may also be made by a group of employees all holding the same job title. 3. An employee or group of employees appealing the classification of a position will complete and submit information as requested by the Committee. 4. Employees will be allowed to make an oral presentation to the Job Evaluation Committee, within time limits imposed by the Committee. Oral presentations will be made in closed session if the employee so desires. 5. The employee's supervisor or other Administrative employees may be called for questioning by the Committee at the request of the Personnel Administrator. 6. The appealing employee will be compensated for time spent in the Committee meeting, except that if a group presentation is made, only two employees will be compensated. 7. Classification appeals may be initiated by the Personnel Administrator. Employees in the position being appealed will be given ten working days notice of the appeal and will be entitled to all rights as outlined in this section. Committee deliDerations will be conducted in closed session. Section 7. New Positions 1. Newly created positions will be classified by the Personnel Administrator initially, with the classification of the position reviewed by the Committee six months following the position being filled. Section 8. Salary Adjustments 1. No new salary ranges will be created except for labor market impacted positions. 2. If the classification of a position is decreased, the salary of affected employees will not be reduced. D-3 3. Employees in positions found to be under-classified will receive a salary adjustment equal to: 'a. the minimum of the new salary range, if below the minimum, or b. a one-step increase (step to be defined as the percentage difference between steps in the new salary range), if salary will fall on or below the maximum of the new range. Section 9. Labor Market Adiustments 1. Salary information will not be considered in the classification of a position. 2. Compensation of a position may be appealed by the affected employee, or group of employees, to the Committee utilizing the procedure in Section 6. 3. In the event that salary maximum of a position is shown to be under-paid by at least 15 percent (15%) based on relative comparable positions in other cities (provided a minimum of four cities report comparable positions), the Job Evaluation Committee may vote to temporarily assign the position to a newly created salary range. If less than four cities report comparable positions, the newly created salary range increases shall not exceed 15 percent (15%). Special grade assignments will expire at the end of every fiscal year. Salary survey evidence will be based only on a survey of comparable positions in the top ten cities (by population) in Iowa and may be presented by either Management or the .Union. (Example: Electrician, Grade 8, Range $1,000-$1,300, 15 pement off the market moved to Range 8A, $1,150-$1,495. Range width remains the same, salary maximum increases by survey average.) 4. Upon employee appeal, salary survey will be conducted by the Personnel Administrator and presented to the Committee. The employee may also present salary information conforming to the above survey cr'~eria (information to be gathered on the time and at the expense of the employee). Section 10. Fundinq 1. Reclassification decisions of the Committee will be effective the first day of the next pay period following City Council approval. Section 11. Impasse Procedures 1. The actions and decisions of the Job Evaluation Committee shall not be subject to the grievance/arbitration procedure of any collective bargaining agreement. Section 12. Release of Technical Information 1. Preservation of the integrity of the evaluation system necessitates that information regarding the rating and point value of the specific evaluation questions be limited to prevent manipulation of those points. No member of the Job Evaluation Committee, D-4 with the exception of the Personnel Administrator and two Union officers, will be permitted access to point information. Section 13. City Council Aooroval 1. All decisions of the Committee are subject to the approval of the City Council and availability of funding prior to implementation. Section 14. Duration 1. The parties understand that this procedure is a continuation of an experimental ' @.rOgram and is itself experimental. This procedure shal~ be used to determine reclassifications during FY97-99 and then shall become null and Voicl. This procedure will be continued in effect thereafter only by mutual agreement of the parties. RE: Letter of April 6, 1987 APPENDIX E CONTRACT SIDE LETTER ON LIBRARY SCHEDULING After staffing needs for public service areas have been determined by each department, permanent schedules for these areas will be bid on three times annually to be effective January 1 to May 30, June 1 to August 31, and September 1 to December 31. Seniority will be used for the purpose of allowing employees to choose those weekends, those nights and those 9-6 shifts that they do not wish to work. Each schedule period the senior employee in each participating department will indicate those nights, weekends, and 9-6 shifts they do not wish to work. The second senior person will choose next, etc. Each employee will work a similar number of weekends, evenings and 9-6 shifts during the schedule period. If supervisors participate in evenings, weekend and 9-6 shift work on a regular basis, their seniority will be used to decide their place in the selection process. In the event that the Library staffing needs can be met without the necessity of scheduling all employees for a regular night or 9-6 shift, the senior employee who has not rejected night or 9-6 shift work for a previous schedule period shall have first choice in turning down night or 9-6 shift work for the next schedule period. When all employees have been offered the first choice, then the first choice reverts back to the senior most employee. Employees will be allowed to trade work periods with the approval of the department head. In the event an employee desires weekend, evening or 9-6 shift work that employee will be given preference for that work provided it meets the needs of the department. There shall be no regular split shifts except by the agreement of the employee involved. RE: November 27, 1978 E-2 AMENDMENTS TO CONTRACT SIDE LE'I-FER ON LIBRARY SCHEDULING Library employees may request to work 6 partial days; for example, one-half day on Saturday and one-half day on Monday, where staffing permits. The basis to determine adequate staffing will be enough people within one department electing the option to make it viable. For permanent full- time library employees who elect this option, work performed on the 7th day of the work week shall be considered overtime. Library employees working scheduled overtime on Sunday will have the option at the beginning of each permanent scheduling period to designate whether the time will be taken as compensatory time, or paid, at the rate of one and one half hours for each hour worked. Compensatory time off can be changed through mutual agreement at the same time and in the same manner as other scheduling or leave changes. Employees who wish to change their option of pay or time compensation within a scheduling period may submit a request to their supervisor in the same manner as other scheduling and leave changes. The Library will honor requests of this nature whenever staffing and financial resources permit, with the understanding on both sides that no reasonable request will be unreasonably denied. RE: July 23, 1982 E-3 AMENDMENTS TO CONTRACT SIDE LETTER ON LIBRARY SCHEDULING Beginning with the fall 2001 Library scheduling period, such periods will be bid on three times annually effective the first Saturday after New Year's Day, the first Saturday on or after May I", and the first Saturday after Labor Day. The second paragraph of the November 27, 1978 Contract Side Letter on Library Scheduling is amended to clarify that the selection list to determine who works an evening in a scheduling period will be routed starting with the person on the list after the last person to make a choice in the previous schedule period. To maintain seniority advantage, new employees will be added at the bottom of the list when it is routed for the next schedule period after their hire. As a result, although the lists will originally be in seniority order, they may fall out of exact seniority order over time due to employee turnover. In accordance with Adicle 9, Section 6, when the Library is operating and open on City approved holidays, schedules will be selected as follows: The selection list for holiday shifts given compensatory time will be routed starling with the person on the list after the last person to make a choice in the previous schedule period. New employees will be added at the bottom of the list when it is routed for the next schedule period after their hire. During the depadmental routing of the selection list of holiday shifts given compensatory time, pad-time employees will select one shift before passing the list while full-time employees will select two. If not all shifts are filled after each employee has made their selection(s), the list will be routed again starling at the top of the list. No pad-time employee may be required to work more than one shift per holiday. Conflicts will be resolved by the depadment manager and the affected employees. The selection list for paid holidays routes in seniority order. During its routing employees may select only one shift. If not all shifts are filled after the initial routing is complete, the list will be routed once again until all shifts are filled. If after re-routing all shifts are not filled, the manager will assign shifts in reverse seniority order. No employee may select nor be assigned more than one shift per paid holiday. Schedule period packets will include an oppodunity for those who wish to accept extra Sundays to be identified. After Sunday shifts have been distributed equally, managers will distribute any extra Sunday shifts to those requesting additional ones. If no staff member accepts an extra shift, they will be distributed to departmental permanent staff in the Sunday rotation on a fair and impadial basis. In addition, staff may relinquish up to one additional Sunday shift per schedule period, if the depadment head determines that staff are available to accept such additional shifts. Extra shifts chosen through this voluntary process are available for pay only. Employees cannot regain their shift after it has been reassigned. RE: October 10, 2000 APPENDIX G-1 MEMORANDUM OF UNDERSTANDING City of Iowa City and American Federation of State, County and Municipal Employees AFL-CIO, Local 183 Re: Article XVlil Clothinq and Equipment, Section 1 Having met and conferred regarding bargaining unit personnel in the Police Department who are required to wear uniforms; specifically, Animal Control Officers, Community Service Officers, and Police Dispatchers/Po[ice Desk Clerks, the parties have agreed to waive the provisions of Article 18, Section 1 in lieu of the following: A. The above referenced employees who are required to wear special uniforms will be provided with such uniforms. Required uniforms currently include the following. 1. Community Service Officer a. Six winter and six summer permanent press regulation shirts. b. Four pairs of regulation trousers. c. One winter and one summer regulation jacket. d. One regulation raincoat. e. One regulation pants belt. f. Three regulation ties. g. Regulation hatJcap. h. Two pairs of regulation winter gloves. 2. Animal Control Officers a. Six winter and six summer permanent press regulation shirts. b. Six pairs of regulation trousers. c. One regulation jacket. d. One regulation raincoat. e. One regulation pants belt. f. Two pairs of regulation winter gloves. 3. Police Dispatchers, Police Desk Clerks a. Six winter and six summer permanent press regulation shirts. b. Four pairs of regulation trousers. c. One regulation pants belt. d. Three regulation ties. B. Upon submission of receipts by an employee, the City shall pay for the cleaning of uniforms or for the purchase of regulation shoes related to employment up to a total annual allowance of one hundred dollars ($100) per employee. Receipts shall be submitted to the Chief of Police or his/her designee by the first day of the month and shall be paid by the City within 30 days. G-2 C. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. D. Replacement: 1. Clothing damaged in the line of duty shall be ordered within seven days of receipt of the report of loss or damage. 2. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven days of receipt by the designated supervisor. Parties understand and agree that the above uniform items shall continue to be provided by the City as long as they (x)ntinue to be required uniform wear as determined by the Chief of Police. re: March 11, 1991 APPENDIX H MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND AFSCME LOCAL #183 JULY 1, 1994 The parties agree as follows: Treatment Plant Operators - Wastewater Treatment Plant, will continue to receive shift differential based on the practice in effect on January 1, 1994, provided the then current schedule remains in effect. SIDE LETTER OF AGREEMENT BETWEEN THE CiTY OF IOWA CITY AND AFSCME LOCAL #183 JULY 1, 1994 The parties agree as follows: At mutually agreed upon times during the 1996-1999 Contract, the investigation and discussion of on-site childcare and/or chl~dcare vouchers will be considered a proper topic for consideration by the Labor-Management Committee referred to in Article 20, Section 5. For the City: Presiden( ~ -- Assistant City ~lan;~er SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AFSCME LOCAL #183 JULY 1, 1994 The parties agree as follows: The job classifications recommended for an upgrade as a result of the classification study will move to the new paygrade effective July 2, 1994. Employees in those classifications will move to the new paygrade on that date. Employees at step 6 longer than 12 months as of July 2, 1994, will receive an increase equal to 3.5% in addition to the across-the-board increase of 3%, provided that no employee will receive a wage rate that is lower than Step I or higher than Step 6 of the new paygrade. Thereafter, employees previously at step 6 will have a new eligibility date which will be the first day of each fiscal year. If an employee wes placed on Step I or between steps I and 2 of the new paygrade, they will be eligible for a review and increase on the earlier of their current annual evaluation date or a new annual evaluation date of January 1. These employees will be eligible for the greater of 3.5% or step 2 at that time. Following implementation of the study, for employees above step 2 but between steps, future step increases will be equal to the % difference between the next lower and the next higher step. No employee will have a wage rate higher than step 6. Employees currently (as of July 1, 1994) in positions being downgraded will be treated as if their classification has not been changed. They will continue to receive all negotiated across-the-board increases, as well as step increases where applicable, as long as they remain as an employee of the City in their current position. Positions being downgraded are as followsi Position Old Range New Range Sr. Maintenance Worker - Water Distribution 15 14 Program Specialist - Senior Center ~ 5 14 Sr. Maintenance Worker-Wastewater Treatment 14 1 3 Maintenance Worker III 9 8 - Wastewater Treatment Collection Buyer I - Purchasing 6 5 Senior Library Clerk (3 positions) 4 3 Maintenance Worker II - Government Buildings 4 3 For the Union: For the City: ~P--r~,kleot -fl:~¢:~ ~'Z~C/'~-r~ _. Assista Prepared by: Dale Helling, Assistant City Manager1410 E. Washington St., Iowa City, IA 52240; 319-356-5013 RESOLUTION NO. 04-132 RESOLUTION AUTHORIZING AGREEMENT BETVVEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 2004, THROUGH JUNE 30, 2006. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Association of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, (hereinafter the Union), through their designated bargaining representatives, have negotiated a collective bargaining agreement to be effective July 1, 2004, through June 30, 2006, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above-referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this. 4t.h day of Fla.y ,2004. Approve ,d...by CITY ~- E R K It was moved by Vanderhoef and seconded by Ba'iley the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn CONTRACT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 JULY 1, 2004 TO JUNE 30, 2006 TABLE OF CONTENTS PAGE Preamble ........................................................................................................................................ 1 Article I -- Recognition .................................................................................................................... 2 Article II -- Management Rights ...................................................................................................... 2 Article Ill - No Strike - No Lockout ................................................................................................. 2 Article IV -- Dues Check Off ........................................................................................................... 3 Article V -- Hours of Work ............................................................................................................... 3 Article VI -- Overtime ...................................................................................................................... 5 Article VII--Special Leaves ........................................................................................................... 6 Article VIII -- Holidays ..................................................................................................................... 8 Article IX - Sick Leave .................................................................................................................... 9 Article X -- Vacations .................................................................................................................... 11 Adicle XI -- Union Activities .......................................................................................................... 11 Article XII -- Uniforms and Equipment .......................................................................................... 12 Article XIII -- Insurance ................................................................................................................. 13 Article XIV -- Duty Outside the City ................................................................................................ 13 Article XV -- Training Programs .................................................................................................... 14 Article XVI -- Bulletin Boards ......................................................................................................... 14 Article XVII - Personnel Transactions .......................................................................................... 14 Article XVIII -- Discipline ............................................................................................................... 14 Article XIX -- Transfer ProCedures ................................................................................................ 15 Article XX -- Supplemental Employment ...................................................................................... 15 Article XXI -- Safety ...................................................................................................................... 16 Article XXII - Grievance Procedure ............................................................................................ 16 Article XXlll -- General Conditions ................................................................................................ 18 Article XXIV - Waiver ................................................................................................................... 19 Article XXV - Savings Clause ...................................................................................................... 19 Article XXVI -- Duration .................................................. 19 Article XXVII - Wages .............................................. 19 Article XXVIII -- Other Compensation ............................................................................................ 20 Article XXIX -- Use of Time Off ...................................................................................................... 21 PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: humanrel/unions/fire~oca1610agm I ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, as the exclusive bargaining agent for all permanent City of iowa City Fire Fighters, Lieutenants, and Captains and excluding the Fire Chief, Battalion Chiefs, Fire Marshal, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representation of new titles, departmental reorganization or any other administrative variations of the present department organization. The City agrees that it will not sponsor or promote, financially or otherwise, any other group, individual, or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. c. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE-NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make every reasonable effort to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Adicle shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes arising out of the terms of this contract. ARTICLE IV DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will verify the dues structure to the City in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Check off monies 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. The City will provide a copy of the notice 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 adsing by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE V HOURS OF WORK Section 1. The normal work week will average fifty-six (56) hours, consisting of twenty-four (24) hours on duty (commencing at 0700 hours), twenty-four (24) hours off duty, twenty-four (24) hours on duty, twenty-four (24) hours off duty, twenty-four (24) hours on duty, ninety-six (96) hours off duty, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty-four (24) hour shifts, except such members as assigned to other special shifts by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2. Temporary variations in shift assignment or changes in days on and off may be made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an emergency or in the case of inclement weather. Section 3. Tradinq of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: a. Two employees below the rank of Captain may make a mutual request in writing to the Captains of the respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are required. Captains will forward their own request directly to the Fire Chief or his/her designee. b. The Fire Chief or his/her designee will approve or deny the request, but permission to trade will not be denied without reason. c. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place, as required by the law. d. The substitution may not impose any additional costs on the Employer. In the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4. Staffinq. The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. Section 5. Pay outside of classification. If an acting temporary appointment out of rank is made by the Fire Chief for a pedod of 24 or more consecutive work hours, the employee so appointed will be paid at the rate of 4% above his/her current salary/hourly rate or at the first step rate of the rank being replaced if they are at the top step of their permanent pay range. Such pay adjustments will be retroactive to the original date of assignment. If an acting temporary appointment to a Battalion Chief's position is made by the Fire Chief for a period of twenty-four (24) consecutive work hours or more, the Captain appointed will be paid at the rate of 4% above his/her current salary/hourly rate. If a lieutenant is so appointed, they shall be paid at a rate of 4% above the Step 1 rate for a Captain. Overtime during any such acting temporary appointment, when worked in such acting capacity and when compensated by overtime pay, shall be compensated at one and one-half (1¼) times the acting hourly rate. However, the Fire Chief may assign an employee who is working on his/her regular shift to such acting capacity in order to avoid paying acting pay at the overtime rate to an employee in overtime status. Such appointments will be made by the Fire Chief as follows: a. Firefighters acting out of rank: In making temporary out-of-rank assignments the Fire Chief will look to the Firefighters assigned to the station affected. Of such Firefighters, a Firefighter on the Lieutenant promotional list will have pdority in accepting the assignment. If no Firefighter appears on the Lieutenant promotional list, the senior Firefighter at the affected station will have priority in accepting the assignment except that for such temporary assignments of 72 consecutive working hours or longer, the Chief may assign any Firefighter who is on the Lieutenant promotional list. If the Firefighters assigned to the station do not accept the assignment, the Firefighter moving to the affected station as the replacement will then be offered the temporary out-of-rank assignment. b. Lieutenants acting out of rank: In making temporary out-of-rank assignments, the Fire Chief will share among Lieutenants such assignments with consideration to a Lieutenant's standing on the Captain promotional list. The Fire Chief reserves the right to assign temporary out-of-rank assignments if no personnel voluntarily accepts such assignment. The Fire Chief reserves the right to establish minimum standards for persons given out-of-rank assignments. Section 6. Excused Tardiness. Employees shall be allowed two (2) fifteen (15) minute penalty-free tardiness' annually. This provision shall only be applicable in situations involving unintentional tardiness. Section 7. Administrative Duty. A continuous shift employee (56 hours/week) assigned to administrative duty (referred to as "light duty") with a fody (40) hour work week schedule will continue to accrue all benefits and compensation at their continuous shift rate while on the 40 hour assignment, and will use benefits on a pro-rated basis. The ratio will be 56/40 or 1.4, and will be used when reporting accrual usage, i.e. for every one hour of time taken, 1.4 hours will be reflected on the accrual usage. Work week: 56 hours/40 hour -- 1.4 Annual hours worked: 2912 hours/2080 hours = 1.4 Holiday time: 135 hours/96 hour = 1.4 if an employee terminates while on a 40 hour work week schedule, their benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. When employees on administrative duty work beyond eight (8) hours per day, every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or ovedime will be paid in accordance with applicable laws. In addition, usage of time will be limited to hours absent from the 40 hour work schedule, at the pro-rated basis. ARTICLE VI OVERTIME Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end of twenty-four (24) hour shift or who is called back to work for fire department activities. Prior authorization from the Officer in charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to do so because of physical inability as determined by the Chief or his/her designee. Overtime is voluntary where overtime assignments are made over seventy-two (72) hours in advance; provided, however, the dght to refuse an overtime assignment shall be limited to the first three (3) employees asked to report to work on a particular work day. Thereafter, overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1- 1/2) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, financial considerations, and employee preferences in determining whether overtime is paid or compensatory time given, in the event that the Chief shall establish a standing policy that for some period of time all overtime worked will be compensated exclusively either by pay or by compensatory time off, such policy will be declared by written notice to the bargaining unit. Upon termination the employee will be paid for all remaining compensatory time. If an emergency situation occurs, as determined by the Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay period of the new fiscal year. Section 3. Minimum Call-In. An employee who has completed a work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two and one-half (2-1/2) hours. If the emergency call-in takes more than two and one-half (2-1/2) hours the employee will be compensated for time spent. Minimum cell-in will be paid at the overtime rate. This section shall not apply to employees who are already at their place of assignment for the purpose of reporting for regular or other previously assigned duty and who are utilized to supplement, rather than replace, on-duty personnel. Section 4. Calculation of Overtime. Generally, overtime will be recorded on the basis of six (6) minute segments, and an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. However, in the case of retention time, an employee will receive one (1) hour of overtime for any part of an hour of previously authorized work. E.g., if a unit is called out at 6:30 A.M. for a fire and are unable to return to the station until 7:20 A.M., each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-tenth (1/10) hour and the employee would receive 1.3 hours of overtime. ARTICLE VII SPECIAL LEAVES Section 1. On the Job Iniury. In the event of a temporary and disabling injury or disease of an employee while at work, the City shall provide a leave of absence with pay, provided the injury or disease is incurred in or aggravated by the actual performance of duty at some time or place. The City shall bear any and all costs for treatment of such injury or disease. The City's Medical Advisor shall make the initial judgment on whether time off work is required by the injury or disease. The allowance provided by this Section shall be administered consistent with the provisions of Chapter 411 of the Code of Iowa. Section 2. Funerals. An employee will be granted a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, domestic partner as recognized by City policy, children, mother, father, stepparent, sister, brother or grandparent. An employee will be granted up to one (1) shift per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother-in-law, father-in-law, grandparent-in-law, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. In-law relationships referred to herein shall include such relationships through a domestic partner as recegnized by City policy. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or Battalion Chief. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommend- ed by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist the employee may apply for vacancies in related areas or other vacancies at the City for which the employee is otherwise qualified. If an opening for the employee no longer exists in his/her civil service rank, he/she will be assigned to the first open position which becomes available in his/her civil service rank, or in a lower rank, within 90 days of the termination of such leave of absence, or, in the case of a leave of absence necessitated by a medically certified illness or injury to the employee, within 180 days of the termination of such leave of absence. Once an employee returns to work in a position as provided herein, that position shall become his/her permanent civil service rank. In the event an employee fails to return to work at the end of any such leave or extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; b. shall not receive any other accruals or job benefits during the period of absence; c. shall not aCquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement; d. shall not earn sick, vacation, or other leave; e. must use all accumulated leave time to which he/she is entitled prior to the time that the leave without pay commences; f. must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired and is available subject to insurance carrier approval, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten calendar days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten calendar days and insurance coverage is desired, the employee must pay 1/20 of the insurance premium for each calendar day beyond ten days that the employee is on unpaid leave of absence. 1'he remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Fire Chief may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) calendar days. Section 4. Jury Duty. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire suppression activities. In the event that no such request is made by the City or that the employee is not excused, the employee shall receive his/her regular compensation from the City for all regular duty time spent in jury service and the City shall receive the pay earned for such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to the assigned work area both before and after time spent on jury duty for regularly scheduled work days. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons, when such appearance arises directly from his/her duties or obligations as an Iowa City firefighter, and the City shall receive the witness fees up to the amount of compensation paid to the employee for days testified. Section 6. Military Leave. The City will comply with the Code of Iowa on military leave. Section 7. Pre~lnancy Leave. A pregnant employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work dudng pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Mor~day in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. in addition, there shall be granted to permanent employees who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred thirty- five (135) hours of holiday credit on the first day of each fiscal year as defined in Article XXVII, Section 1, of this agreement. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. Section 4. In lieu of overtime pay for working on a holiday, a payment of $310 ($31.00 per holiday) for the fiscal year will be made to each permanent full-time continuous shift bargaining unit employee. Payment will be made on the second payday of the fiscal year. Any continuous shift employee who begins work after July 1 of any year will receive payment for the remaining holiday dates in the year. If an employee separates after July 1, those holidays which have been paid but which have not yet occurred will be deducted for the purpose of considering separation pay. Section 5. Part-time employees will receive holiday pay on a pro rata basis. Section 6. Holidays or personal leave days shall not be carried beyond the last day of any fiscal year as defined in Article XXVII, Section I of this agreement. Section 7. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Upon retirement, the City shall pay for one-half (1/2) of the accumulated sick leave on the basis of the employee's current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave. a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour-to-hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury; (2) Sedous illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, including mother or father of a domestic partner, brother, sister, or grandparents, as well as any other relatives or members of the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence, provided the employee's presence and efforts are needed. Critical illness is defined as a life threatening illness or malady. Serious illness is one in which the ill person is incapacitated to such a degree that he/she cannot alone adequately provide for his or her daily living needs. Section 3. Notifications. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given prior to the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. An employee who is unable to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other accumutated leave, or to leave without pay. Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section 5. While an employee is receiving sick leave pay from the City, self-employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision shall be given if the employee presents evidence from his/her physician to the satisfaction of the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Section 6. Sick Leave Bank. a. Permanent employees in the bargaining unit may apply to the Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (2160 hours or 90 shifts) at the rate of 5.54 hours per pay period. The City does not formally maintain a bank balance; however, the City acknowledges that sufficient hours exist in the bank to cover all requests. Contributing to the Bank does not guarantee an automatic loan from the Sick Leave Bank. 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, except for those cases where the joint City- Union committee may waive such payback due to the death or permanent disability of the employee. c. A joint City-Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire unit and will develop policies to protect against abuse by individuals. d. The City will contribute 500 hours of sick leave to the Bank as of July 1, 1987. No individual may use more than six (6) shifts dudng any fiscal year under the terms of this Agreement. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and acoumu~ated by month according to the following schedule: Lenqth of Service Hours Per Month Hours Per Year 0-5 years 12 hours (6 shifts/yr) 144 5 years 1 day-10 years 16 hours (8 shifts/yr) 192 10 years 1 day-15 years 18 hours (9 shifts/yr) 216 15 years 1 day-20 years 20 hours (10 shifts/yr) 240 More than 20 years 22 hours (11 shifts/yr) 264 The maximum number of hours eligible for carry over to a new contract benefit year as defined in Article XXVlI, Section 1, shall be three hundred twelve (312) hours. Vacation time may be used on an hour-for-hour basis provided reasonable notice is given in advance and subject to the Fire Chief's approval which shall not be withheld without reason. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he/she has been on the payroll as a permanent full-time fire fighter for a period of six (6) continuous months. (This may occur pdor to the completion of probation.) Between November I and December 31 each battalion will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following in order of their turn. Unless an employee expresses his/her choice within two shifts, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. Section 3. Payment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, an employee is eligible for payment of not more than two hundred eighty-eight (288) hours of accumulated vacation leave at the current base rate of pay. ARTICLE Xl UNION ACTIVITIES Section 1. Union Meetinqs. The Union may use the Training Room for union meetings for three (3) hours not more often than once per month. Employees on duty may attend with the Battalion Chief's permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend except that if the Union President is assigned to an outlying station, he/she may arrange with another bargaining unit member assigned to the central station to temporarily trade station assignments in order to attend said meeting, subject to approval by the Battalion Chief on duty. Section 2. Documents. Documents belonging to the Union may be stored at the Central station in the same manner in which they are currently stored in file cabinets belonging to the Union. These may be moved to an outlying station if the Union President is permanently assigned there. The Union will be responsible for moving the file cabinets. Section 3. State Convention. Two bargaining unit members from different shifts may have up to two shifts off duty to attend the annual meeting of the Iowa State Association of Professional Fire Fighters Convention. The Union will designate in writing who will attend the convention ten (10) days prior to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. State Officers. State Officers shall be given up to two (2) shifts off duty to attend the annual meeting of the Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. Neqotiations. In the event that the parties to this contract determine that future negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. ARTICLE Xll UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide any uniforms and equipment which are required for employees. The following uniforms will be provided: Uniform cap (baseball style) Turn out coat Necktie Firefighting helmet 3 pair shorts SCBA facepiece 3 pair sweatpants Spring/fall jacket 1 winter hat Belt 2 short-sleeve uniform shirts 2 long-sleeve uniform shirts 5 uniform pants 3 t-shirts (annually) (Uniform pants & shirts to be of an 5 t-shirts (new employee) NFPA approved station wear type) 1 pair uniform shoes Winter uniform coat 1 uniform sweatshirt (annually) 2 uniform polo type shirts 2 cold weather duty wear work shirts (annually) Firefighting boots 3 uniform polo type shirts Turn out pants (new employee) Firefighting hood Department patches/badges Firefighting gloves Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specification as to color and style. Replacement of the above equipment will be by the City upon the Chief's determination of need. The City will compensate unit employees for the replacement cost of eyeglasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will pay each bargaining unit employee $50.00 annually toward cost of cleaning uniforms which require dry cleaning. Such payment shall be made as of December 1 of the Contract year. ARTICLE Xlll INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy known as the Blue Cross/Blue Shield "Iowa 500" two-day deductible plan for employees and eligible dependents. Employees who elect to obtain family coverage will pay fody dollars ($40.00) per month (Pro-rated for part-time employees) toward the cost of such coverage. A pro rata share of the cost of the premium will be paid for part-time employees~ A description of the provisions of the negotiated "Iowa 500" plan are set forth in Appendix "B". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. The City may meet with representatives of the Union for the purpose of negotiating an alternative to the "Iowa 500." Up to three (3) Union representatives may attend such meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article XXII. The issue to be decided by the arbitrator is the appropriateness of such an alternative, and whether or not it is reasonably equivalent to the "Iowa 500." If the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500" plan shall remain in effect. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $40,240, the face value of the life insurance policy is $41,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. The City will pay $7.00 per month or full individual premium cost for employees during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full individual dental insurance premium costs that are in excess of $7.00. A description of the provisions of the negotiated Delta Dental plan is set forth in Appendix "B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of this agreement. ARTICLE XlV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City. ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employees within the bargaining unit is of pdmary importance to maintaining high standards of fire protection for the citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will be maintained based on need as determined by the Chief. Self-development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in particular areas such as EMT and will provide such training when deemed appropriate. ARTICLE XVI BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to post notices. The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards, blackboards, and other similar surfaces in the Fire Department. ARTICLE XVll PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. Upon request, the City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Past infractions will only be removed if an employee goes twelve consecutive months without any disciplinary action whatsoever noted in his/her record. Section 4. Upon request, each employee shall receive a copy of his/her job description upon permanent appointment to the position in question. ARTICLE XVIII DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions hurnanrel/unions~re/ioca1610agra 1 4 against employees will be taken for just cause. Employees shall elect to pursue appeals of disciplinary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days from the date it has clear notice of the facts constituting an infraction. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: 1. Oral reprimand or warning (to be accompanied by written notification of same at the time of such disciplinary action or within one working shift after such action). 2. Written reprimand or warning. 3. Suspension with loss of pay. 4. Discharge. Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. ARTICLE XlX TRANSFER PROCEDURES Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the members and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two conditions: a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary transfers. ARTICLE )OX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or with the satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to notify the Fire Chief of his/her outside employment. The employee will notify the Fire Chief when outside employment or employer changes. The Fire Chief retains the dght to disapprove such outside employment under the provisions of Section 1 of this Article. humar~rel/u nio~ shl r e~local6 ~ 0ag rn 1 5 ARTICLE XXI SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. Section 2. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4. Health and Safety Committee. A health and safety committee composed of representatives of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of health and safety. Their duties shall include but not be limited to: a. Conducting health and safety lectures as needed. b. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. c. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Health and Safety and related topics. Section 5. Druq Testinq. The City and the Union recognize the rights and responsibilities of employees established by Iowa Code 730.5 (Drug testing of employees or applicants regulated). ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative, but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. Section 3. Representatives. The Union will certify to the City the names of three (3) representatives and three (3) alternate representatives for the purpose of representing fire department members in the investigation and presentation of grievances. Not more than one representative will represent a gdevant for any one grievance. The representative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. hurnanrel/union~fireJIoca1610agm 16 Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this contract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant by so doing waives the right to exercise any other option(s) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Suspensions, demotions, discharges, and other matters under the jurisdiction of the Civil Service Commission may be prosecuted either through the contractual grievance machinery or before the Commission. By electing one forum, the aggrieved employee shall be held to have waived the other forum. Section 5. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion between the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following completion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated representative), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a statement from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or representative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. Step 3. If the grievance is not resolved at Step 2, the grievant or representative may submit the grievance to the City Manager or his/her designee within seven (7) calendar days of the completion of Step 2. The City Manager will investigate and respond to the grievant within fourteen (14) calendar days following receipt of the grievance at Step 3. The City Manager will meet with the grievant and his/her representative if such meeting is requested in writing. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the City Manager's response at Step 3. Copies of any such request by an employee will be furnished to the City and to the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this Contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shatl be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. The function of the Grievance Committee will be to meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties adsing out of the administration of this contract. ARTICLE XXlil GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa. Section 2. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, national origin, gender identity, disability, religion, marital status, sexual orientation, or political affiliation unless the reason for the discrimination is job-related or otherwise allowed by law. The parties agree that complaints alleging violation of this section shall not be subject to the grievance/arbitration provisions of this contract but rather, shall be brought before the appropriate state or federal forum. Section 3. Parkinq. No fewer than ten (10) parking places in the Civic Center lot will be held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the amount equal to that charged other City employees who park in the Civic Center parking lot. The City will assume no increase in responsibility in administering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union representative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if available at times and in areas designated by the Fire Chief. Section 5. Fifty-two (52) copies of .the new contract will be provided to unit employees as soon as is practicable. If the Union wants additional copies, the City will provide at cost. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. h urea nr el/unions,fireJIocal610a gm 18 Section 7. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre-Tax Advantage Program as established by the City. At a minimum, said program will allow for pre-tax payment of health insurance co-payments to the extent allowed by Federal and State law. Section 8. Early Retirement Incentive. The City will give the Union notice and opportunity to discuss at a Grievance Committee meeting prior to implementing any early retirement incentive program. Such program must be applied on a unit-wide basis and participation will be voluntary. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and conditions of this Contract shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. The Contract supersedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such derision shall apply only to the spedfic Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 2004, and June 30, 2006, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contrac~ or any extension thereof. ARTICLE XXVII WAGES Section 1. The effective date of compensation and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. hu man rel/u nions/flre~local6 lOagm 19 Effective dates over the next four years are as follows: July 2, 2005 June 30, 2007 July 1, 2006 June 28, 2008 Section 2. The base pay of each step for the Iowa City Fire Department Firefighters, Lieutenants, and Captains will be increased by two and three quarters percent (2.75%) at the beginning of Fiscal Year 2005, and will be further increased by two and three quarters percent (2.75%) at the beginning of Fiscal Year 2006, said adjustments to become effective on the appropriate date as defined in Section 1 above. Copies of the pay plans for FY2005 and FY2006 are attached to this agreement as Exhibit A. Bargaining unit members will be eligible for salary adjustments to the next step as follows: Step 2 - after six (6) months at Step 1. Step 3 - after six (6) months at Step 2. Step 4 - after one (1) year at Step 3. Step 5 - after one (1) year at Step 4. Step 6 - after one (1) year at Step 5. Step increases shall be granted only after the employee has achieved a satisfactory rating as determined in the discretion of the Fire Chief. Bargaining unit members promoted to the ranks of Fire Lieutenant or Fire Captain shall, upon promotion, be compensated at Step 1 of the appropriate salary range, and shall be eligible to receive a one step increase to Step 2, one year following the promotion. ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two percent (2%) of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer Price Index (CPI-W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be May 2004 for FY05, and May 2005 for FY06. c. Cost of living computations will be made quarterly to determine the percent difference between the CPI-W for the base index month and for August, November, February, and May of each applicable fiscal year. d. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two percent (2%) of an employee's base salary for the quarter in question. Furthermore, any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. h u manr el/u nion ~lire,~ oc~16 lOagm 20 e. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. Section 2. Lonqevity Pay. A payment will be made to permanent full-time employees as of December 1 of each fiscal year to reflect years of service with the City according to the following schedule: Lenqth of Service on December 1 FY05 FY06 5 years 1 day - 10 years $275.00 $325.00 10 years 1 day - 15 years 450.00 500.00 15 years I day - 20 years 600.00 650.00 20 years 1 day - 25 years 750.00 800.00 25 years 1 day + 1,000.00 1,050.00 This payment will be prorated on the basis of monthly segments for members who retire before December I in any fiscal year. Any employee who terminates after December I will reimburse the City on the same proration. Section 3. A payment of $700 will be made to each permanent full-time bargaining unit employee as of December 1 of each fiscal year. In the event that an employee terminates for any reason after December 1, he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, will return one-half of the December 1 payment. Section 4. Each permanent, full-time bargaining unit employee who is a duly certified Emergency Medical Technician-Basic as of the first day of the contract benefit period as defined in Article XXVll, Section 1 above, shall receive a payment of four hundred seventy-five dollars ($475.00) on the second payday of each fiscal year. ARTICLE XXIX USE OF TIME OFF Current policies governing the use of holiday, compensatory and vacation time will apply uniformly on a departmental basis. Once holiday, compensatory and vacation time is approved and scheduledl its use shall not be denied except: 1. In emergency situations. 2. Where minimum staffing cannot be achieved due to unavailability of replacement personnel. Where #2 above applies, it is understood that the employer will place up to four telephone calls to attempt to secure a replacement for an employee whose scheduled time is subject to cancellation. If no replacement is secured, the scheduled time off is cancelled unless the affected employee secures a replacement. Efforts by the employer to contact replacement personnel (other than the number of telephone call attempts) shall not be grievable under the provisions of this agreement. The benefits to the bargaining unit of this article were agreed to by the employer in exchange for the Union's acceptance of a salary and benefit package less than the employer would have otherwise agreed to. h urea nr el/union shl reiloca1610a gm 21 CITY OF IOWA CITY, IOWA IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610 AS~TAN~CI~:~¢ MANAG~ CITY'~CLERK Dale: May 4. 2004 Dale: ~ ~, 5~ Approved~ ~ ~ [ Ci~ ~rney~ hu me n rel/u nlohs~re/Iocal6 lOag m 22 Exhibit A-1 FIRE PAY PLAN - FY05 EFFECTIVE JULY 3, 2004 1 2 3 4 5 6 6 MO. 12 MO. 24 MO. 36 MO. 48 MO. 35 FI REFI G HTER 12.67 13.18 13.82 14.32 15.00 15.65 1419.04 1476.16 1547.84 1603.84 1680.00 1752.80 36895.04 38380.16 40243.84 41699.84 43680.00 45572.80 36 FIRE LIEUTENANT 16.42 17.20 1839.04 1926.40 47815.04 50086.40 37 FI RE CAPTAIN 17.89 18.72 2003.68 2096.64 52095.68 54512.64 Exhibit A-2 FIRE PAY PLAN - FY06 EFFECTIVE JULY 2, 2005 2 3 4 5 6 6 MO. 12 MO. 24 MO. 36 MO. 48 MO. 35 FIREFIGHTER 13.02 13:54 14.20 14.71 15.41 16.08 1458,24 1516.48 1590.40 1647.52 1725.92 1800.96 37914.24 39428.48 41350.40 42835.52 44873.92 46824.96 36 FIRE LIEUTENANT 16.87 17.67 1889.44 1979.04 49125.44 51455.04 37 FIRE CAPTAIN 18.38 19.23 2058.56 2153.76 53522.56 55997.76 IO~A 500 IOI~A 500 HEALTH CARE COVERAGE IO~A 500 coverage combines bestc Blue Cross hospital, Blue Shield physician and I~lor ~dtcal coverages tnto a stngle pregram ustng deductibles and copaymants. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospttel days are unlimited except for Nervous and Hentel admissions. Zn short, the Subscriber shares tn the costs of the medically necessary hospital, medtcal and su~tcal se~vtces provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, rega~lless of the number of faintly members.* ]OgA 500 plan benefits' encourage medtcal self-maintenance practices by paytng for'g OS of the covered Usual, Customary and Reasonable char~Jes for: · One mutt~e annual phystcal ex.amtnatton tn a doctor"s office or cltntc · H_.nme_ and office calls needed to dtagnose or treat &medtcal condition · I__~,m._mtzattons requtred by a Subscriber or any person tn a Subscriber's fomtly The tdea behtnd ..IOi~A 500 coyerege? TO enc~ra · conttnutn medtca! THE IOt~A 500 Plan Covers These Extensive Services: ~SPITAL CARE 90/10 PHYSiCiAN SERViCeS 90/10 Inpatient. Home and of¢tce vtsts · Se~t-prtvate room and board One rnut~ne annual physical · Hecessary servtces and suppltes . exam · Operating r~ms, Intensive care, P~-natel and post-natal care coronary and burn care untts tn physician's offtce · De~tvery room for norm1 delivery, I~un~zattons Caesarean section, mtsce~iage or Hospttal vtstts and nu~stng admission for false labor fac~ltty visits · ~ecessa~y laboratory and x-ray se~vJ ces Outp~t~en~ NERVOUS AHD, HE~TAL 90/10 · Surgery Outpatient - gO/lO to $10,000 · Dtagnos~tc x-ray and laboratory Ltfett~e I~axtmu~. servtces ·Acctdent care SKILLED t~URS~NG FACilITY 90/10 · Unllmited Room and HOHE HEALT~ CARE 90/10 Servtces and supplies ·Servtces provided by a Reg~ sterod Nurse ·Servtces prescribed by a physician THE: ZO~ 600 Pr. Afl COVERS THESE OTHER These',other. servtces a~e sub,lect t~ & $100 contact ded~zcttb]e · Prescriptions . liurstng Servtces · Anesthetics . Prtwte-duty nurstn(J servtces · Blood plasm · Casts Jmbulance · Crutches . · Durable mdtcal equipment Ground · .Other suppltes ~ben ordered by · plLystctan DEOUCTTBLES AND, COPAYIqENT ·Hospttal - The Subscriber ts responsible for /Ch· ftrst 1~o days of semi- pt'tv&to Foom and board, ,'-~,::- .-,~-:~=-.~-?~..='.='-. -.7' Per Hospttal Admission. · Physician - The subscriber pays 10~ of the physician's Usual, Customar~ and Reason&b1· charges Including offtce calls. IO~A 500 coverage pays the remaining · O~her Supplies/Services - The subscr4ber pays the ftret $100 per contract per calefldar ~e&r for modtcel suppltes and services. These may tnclucle p'rescr4ptton drugs, servtces of · Registered Hur~e, ambulance services, h_m~_ health care and braces. Hhefl the subscrtber*s expefldt~ures for hospital, physician, and/or other servtces reach $600 per year, IO~A 500 pays 100~ of all remaining cha~ges. If the subscr4her'S expefldttores for hospital, physician, and/or other servtces do not r~ech-$$00, the subscriber pays 10~ remaining ch&~es up to · to,al maxtmum expenditure of $600. (Out~oattent traatmeflt for nervous and monte1 conditions ts petd gO,tO co-pe~nent untt] the $10,000 Ltfettme Haxtmum ts met. Co-pa.vmant for outpatient Nervous and 14entel does not &pply to the out-of-pocY, et mxtmum. tces tncu~red during the months of October, Hovember end December and ~htch are used to sattsf.v that. year's deductible can be used t~a~d satisfying the next calendar .year's deductible. I' Se~k::es 1 o~ 2 day 9(7Y~10% S100 .~.~ . ....,~. ?.,:.. ~,. :~, -.. q~- .... .. ~_... -~. ,,' :~.. Summ~ry of Benefits DELTA DENTAL COVERAGE DaM Dentil Pbn o~ k)ws coverage r~ onh/prov~es a var~y of behests but also encourlges ~me~ end effec~vl dentil mllntanlnce, . Mom thin 80~ of the dentbts In ~ plrt~plta h~ the De~l Dentil Reisonlble iIIowlnces, subject to deduCt~e ind coplyment provi- Your Delta Dental progrsm includes e 'medicll necessity' provision which ~nsums coverage for dental #trices provided within generally UIm Blue Cross ~cl Blue Shield of Iow~, the Delta Dental Plan receives dairne directly from p~rticipating ~ Andwe pay them directly for you. Thlt aliminetes c~i..m~., ndlirtg cho~ ~or you ind your employees -- end Mves wlueble time andmone~ To provide a program to meet your gompany~ needs, Delta Dental I~n benefits Ire mmillble with deduc~le~, ~nts ind maxi- These benefits lm combined to meet your needs: · Routine checkups ~t ~ix-month' imewais including bitewing x-rays at 12-momh intervals. · Teeth cleaning once every slx months. · Top'mai fluoride applications as presc~bed bu~ no more than once ~y six months. · Full-mouth x-rays once in any three-year interval unless special need is demons~'ated. Routine Restorative benefit provides ongoing care including: · Regular cavity fillings. · Oral surgery (including pre- and post-operative care). · Emergency treatment for relief of pain. Major Restorative benefit covers: · High-cost fillings. · Cast restorations. * · Root canal fillings. · Non-surgical treatment for gum diseases. Delta Dental Plain of Iow~ RATE QUOTATION PI.~ II Program Benefits Dedm:m~ Copayment ~ Preventive Maintenance S - - % _ lot Routine Restorltive S 26/76 _ 60 0 Major Restorative S. ' ~ ., SO % I-I Dental Ptosthetics $ % f'! Periodontics $ % C] Orthodontics S ,,, I-! Dependents to age, I'1 Full-dme students C] ~lulta Program Maximums Single $ 500 per year Family $ 500 per member, per year Lifetime benern maximum on Orthodontics $ Program Rates* Single $ per month Family $ ~ per month These rates guaranteed for 12 months beginning on 7-1-85 if purchased by 7-1-85 *Rat~s.quoted here ~e ba~ed upon census information peru,ideal and a(:quiHna and ma ntaini This is a g n o~ coverage. It is n~t · ~emem of c~r~racL Actual Del~a Dental Plan M~111 ~ ~M of iOWa SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 610 For contractual purposes, a Lieutenant assigned to the Training/Public Education assignment will be defined as Lieutenant under Article I of the Collective Bargaining Agreement. A Lieutenant (56 hours per week) assigned to the Training/Public Education assignment with a 40 hour work week schedule, will continue to accrue vacation sick leave and holiday time at the higher shift rate while on the 40 hour assignment, and will use benefits on a pro-rated basis. The ratio of shift (56 hours), to regular week (40 hours), is 1.4. Therefore, this ratio will be used when reporting accrual usage; i.e., for every I hour of time taken, 1.4 hours will be reflected on the accrual usage. Work Week: 56 hours/40 hours -- 1.4 Annual Hours Worked: 2912 hours/2080 hours = 1.4 Holiday Time: 123 hours/88 hours -- 1.4 If an employee assigned to a 40 hour schedule terminates employment while on this schedule, his/her benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. The annual salary for a Lieutenant in the Training/Public Education assignment will be the equivalent of pay grade 37, with the hourly rate adjusted to reflect a 40 hour work week. Pay Plan Step 1 Step 2 FY05 25.05 26.21 2004.00 2096.60 52104.00 54516.80 FY06 25.73 26.92 2058.40 2153.60 53518.40 55993.60 A Lieutenant with this assignment would be placed at the same step he/she held in grade 36. He/she would be eligible for increases in accordance with ARTICLE XXVII WAGES Section 2. When time is worked beyond 8 hours per day every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. The parties agree that this side letter take effect from July 1,2004 to June 30, 2006. CITY OF IOWA CITY IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS As~sistant Cit~a~ge'"~ ~ Pre~le~t hu m~.nrel/u nion s/fire/fireside-It Edoc Prepared by: Dale Helling, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240; 319-356-5013 RESOLUTION NO. 04-t33 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2004, THROUGH JUNE 30, 2005. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Police Labor Relations Organization of Iowa City (hereinafter the Union), through their designated bargaining representatives, have negotiated a tentative collective bargaining agreement to be effective July 1, 2004, through June 30, 2005, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above-referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 4th day of ~v ,2004. It was moved by Champion and seconded by VandPrhnPf the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X . Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn hurr~ nrel~u niofls~oolice~policer es,doc CONTRACT BETWEEN CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY JULY 1, 2004 TO JUNE 30, 2005 TABLE OF CONTENTS ARTICLE PAGE Preamble ............................................................................................................................... 1 Article I -- Recognition ........................................................................................................... 2 Article II -- Management Rights ............................................................................................. 2 Article III - Check Off ............................................................................................................ 2 Article IV -- Union Business Agents ....................................................................................... 3 Article V -- Union Meetings .................................................................................................... 3 Article VI -- Bulletin Boards .................................................................................................... 3 Article VII -- Seniority ............................................................................................................. 4 Article VIII -- Daily and Weekly Hours of Work ...................................................................... 4 Adicle IX - Overtime-Standby ............................................................................................... 6 Adicle X -- Holidays ............................................................................................................... 7 Adide XI - Vacations ............................................................................................................ 8 Article XII -- Sick Leave ......................................................................................................... 8 Article XIII -- Special Leaves ................................................................................................. 9 Article XIV - Lay-Offs ............................................................................................................ 11 Article XV -- Training ............................................................................................................. 12 Article XVI -- Personnel Transactions - Rules ....................................................................... 12 Article XVII - Watch Transfers .............................................................................................. 13 Article XVIII -- Insurance ........................................................................................................ 13 Article XIX -- Equipment ........................................................................................................ 13 Article XX -- Weapons and Special Equipment ..................................................................... 14 Article XXI -- Adequate Facilities ........................................................................................... 14 Article XXII -- Uniforms .......................................................................................................... 15 Article XXIII -- Duty Outside the City ...................................................................................... 15 Article XXIV -- Supplemental Employment ............................................................................ 15 Article XXV - Position Classification ..................................................................................... 16 Article XXVI -- Grievance Procedure ..................................................................................... 16 Article XXVII -- Effective Period ............................................................................................. 19 Article XXVIII - Compensation .............................................................................................. 19 Article XXlX ~- Public Emergency .......................................................................................... 20 Article XXX -- General Conditions ......................................................................................... 20 PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimination. That parties specifically agree to the following Adicles: 2 ARTICLE I RECOGNITION Section 1. The City recognizes the Union as the exclusive bargaining agent for all employees within the classification set forth in Section 2 of this Article. Section 2. The bargaining unit covered by this Agreement shall include all Iowa City police officers and does not include the Police Chief, Captains, Lieutenants, Sergeants, and any other individuals who are or may become confidential, administrative, supervisory, or less than half-time employees or those excluded by Chapter 20, Code of Iowa. Section 3. The City and the Union will negotiate only through authorized representatives and there will be no private agreements between officers and supervisors contrary to the terms in this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, powers and authority include, but are not limited to, the following: a. To direct the work of its employees. b. To hire, promote, demote, transfer, assign and retain officers within the Iowa City Police Department. c. To suspend or discharge officers for proper cause. d. To maintain the efficiency of governmental operations. e. To relieve officers from duties because of lack of work or for other legitimate reasons. f. To determine and implement methods, means, assignments in personnel by which its operations are to be conducted and to develop and enforce rules of work and safety standards. g. To take such actions as may be necessary to carry out its mission. h. To initiate, prepare, certify and administer its budget. i. To exercise all powers and duties granted to it by law. ARTICLE III CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month from the pay of those employees who individually authorize in writing that such deductions be made. Authorizations delivered to the City ten (10) days prior to the first day of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. 3 Section 2. Check off moneys will be deducted from the first pay check of each month, and shall be remitted, together with an itemized statement, to the Union Treasurer within the ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the month after which the officer is no longer a part of the bargaining unit. An officer may voluntarily cancel or revoke authorization for check off upon ten (10) days written notice to the City. The City shall promptly forward a copy of such notice to the Union. Section 4. he City will not be liable for damages arising by virtue of mistakes in connection with funds collected under the provisions of this Article. ARTICLE IV UNION BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such investigation. Any such investigation or administration shall be conducted so as not to interfere with routine City business, and any such agent shall comply with City safety and security regulations. ARTICLE V UNION MEETINGS Section 1. Officers may use City facilities when available for the purpose of holding scheduled Union meetings. Section 2. With the permission of the Chief of Police, officers on duty may be permitted to attend any Union meeting. ARTICLE VI BULLETIN BOARDS Section 1. The City shall provide a bulletin board to be located in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorsement or any libelous matedal and no political notice shall be posted urging support of any specific cause or candidate. Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. 4 ARTICLE VII SENIORITY Section 1. Seniority shall mean the status, priority, or precedence obtained as a result of continuous length of service as an Iowa City police officer. Seniority shall commence on the date of employment as an Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2. The City in cooperation with the Union shall maintain and keep posted on the bulletin board referred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: a. Resignation. b. Discharge for just cause. c. Absence from work for a period of three (3) consecutive scheduled working days without notifying the City or without good excuse. d. Giving a false reason for leave of absence. e. Failing to report for work within fifteen (15) days after notice from the City (by United States Certified Mail with Return Receipt Requested to last known address) notifying him/her to report for work following lay-off. Section 4. Seniority shall accrue during all special leaves, disabilities, sickness, vacation or other periods of time unless there is a specific provision to the contrary in this Agreement. In the event that more than one individual has the same seniority date the order of seniority will be determined by lot. Section 5. Except as otherwise specifically provided herein, seniority shall be the controlling factor to be considered in making determinations for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where required by Federal or State law. Section 6. Officers with five (5) or more years of seniority shall be entitled to hash marks on their uniform sleeves, with one hash mark representing five (5) years of service. ARTICLE VIII DAIL Y AND WEEKLY HOURS OF WORK Section 1. Work Week a. The work week for officers who are not working a continuous watch shall usually consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the officer and his/her supervisor. The work week may be changed to meet changing departmental needs, with the agreement of the affected employee. b. The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Six (6) consecutive eight (8) hour days followed by two (2) consecutive days off for four (4) consecutive periods; and thereafter 5 (2) Six (6) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (3) Five (5) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (4) A repetition of the above schedule. (5) The daily schedule outlined above may be amended by increasing the number of hours per day and/or reducing the number of work days per week upon agreement of the union and the police chief. c. Days off shall be defined as beginning with the end of the last regularly scheduled working day and ending at the start of the next regularly scheduled working day as set forth in the schedule in Section 1. For example: (1)For an officer assigned to the 7 a.m. to 3 p.m. watch, days off shall commence at 3:00 p.m. on the last regularly scheduled working day and end at 7:00 a.m. on the next regularly scheduled working day. (2)For the 3 p.m. to 11 p.m. watch, days off commence at 11 p.m. on the last regularly scheduled working day and end at 3 p.m. on the next scheduled working day. (3)For the 11 p.m. to 7 a.m. watch, days off commence at 7 a.m. on the last regularly scheduled working day and end at 11 p.m. on the next scheduled working day. Section 2. Work Day. A work day shall consist of eight (8) consecutive hours with the officer reporting fifteen (15) minutes prior to the commencement thereof and staying, if requested to do so, fiffeen (15) minutes after such work period. Section 3. Rest Periods. To the greatest extent possible, each officer shall be granted two (2) fifteen (15) minute rest periods during each work day. The first rest period to occur between the second and third hour, and the second rest period to occur between the fifth and sixth hour. The rest periods set forth herein may be varied upon mutual agreement of the officer and his/her supervisor. Section 4. Lunch Pedod. To the greatest extent possible, each officer shall be granted a lunch period of not less than thirty (30) minutes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the officer and his/her supervisor. Section 5. Notification. To the greatest extent possible, an officer shall be notified twenty-four (24) hours in advance if he/she is required to work on a day off. Section 6. Straiqht Time Pay. Straight time pay (sometimes herein referred to as regular pay or regular wage) shall mean the base hourly rate paid for the regular working day and working week. In implementing negotiated across-the-board salary increases, the base hourly rate shall be multiplied by any negotiated percentage increase, rounded in accordance with mathematical standards, to obtain the new base hourly rate. Base hourly rate multiplied by two thousand eighty (2080) equals annual salary. 6 ARTICLE IX OVERTIME - STANDBY Section 1. Overtime. With the exception of Section 8 of this Article, overtime is work performed by an officer in excess of an assigned duty day, forty (40) hours a week, or minimal call-in time as hereinafter defined. All overtime work shall be the subject of a written instrument specifying the overtime thereof and each officer shall receive a copy of any such instrument after the same has been approved or disapproved by the City. Authorization by the watch commander is required for overtime work. Section 2. Overtime will be compensated at the rate of one and one-half (1%) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. Section 3. An officer who has left work and is recalled with less than twenty-four (24) hours prior notice shall receive credit for a minimum of two (2) hours of overtime. Section 4. Overtime Equalization. a. Scheduled overtime shall be assigned to officers considering seniority, the type of work required, the ability of the individual officer and his/her desire to perform the overtime service. Occasions involving unexpected/non-scheduled overtime, the on-duty supervisor is only required to consider on-duty available personnel, but is required to offer the overtime according to seniority, type of work required, the ability of the individual officer and his/her desire to perform the overtime service. Such overtime assignments shall be subject to limitation as to the number of hours based on the Chief's determination, taking into consideration the safe and efficient operation of the police department. b. The parties agree that the above overtime equalization provisions or any other provisions of this contract shall not be construed to mean that overtime is voluntary. Employees requested to work overtime are required to do so. Section 5. Overtime Rest Pedod. If an officer is required to work two (2i or more hours immediately following and beyond his/her normal work day, he/she shall receive either: a. A rest period of at least one-half (%) hour immediately following his/her normal work day, or b. One additional one-half (%) hour of paid compensation at the overtime rate as the officer and his/her supervisor may determine. Section 6. Stand-by Time. The parties realize that it may be necessary or desirable for the City to require officers to be available on a stand-by status where they may be called to duty upon shod notice. The City shall advise such officer at the earliest possible date of any such required stand-by service, and the officer shall receive one hour of compensation at straight time for each eight (8) hours of stand-by time. Section 7. Accumulated Overtime. Overtime accumulation for time off shall not exceed fifty (50) hours in any one fiscal year and any excess in accumulation over fifty (50) hours shall be paid. Any overtime accumulated at the end of the fiscal year shall be paid. However, accumulated overtime may be carried over from one fiscal year to the next, to be used as time off only, and must be used by September 1. 7 Section 8. Court Time. The greater of two (2) hours or actual time spent will be credited to an officer when, in obedience to a subpoena or direction by proper authority, appears for the federal government, the State of Iowa, or a political subdivision, or in a private litigation when not a party to the litigation and when such appearances arise from the performance of his/her duties, obligations, or activities as a police officer. Overtime earned as defined in this section will be compensated at the appropriate ovedime rate. ARTICLE X HOLIDA ¥S Section 1. The following days shall be paid holidays for officers: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to officers who do not work a continuous watch the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that officers observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, the officer may select a particular day between December 17 and January 6 subject to the approval of his/her supervisor. Such officers will be allowed to take the day preceding or following a holiday as designated by the City Manager if the holiday falls on the officer's day off. Section 3. Police officers on a continuous watch shall receive ninety-six (96) hours of holiday credit on July 1 annually. Any continuous watch officer who begins work after July 1 of any year will receive credit for the remaining holiday dates until the following July 1. If an officer separates after July 1 of any year, those holiday dates which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. e.g., Officer A receives credit for ninety-six (96) hours of holiday time on July 1. The officer terminates on November 1 and HAS NOT USED ANY holiday hours. He/she would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Officer B receives ninety-six (96) hours of holiday credit on July 1. Officer B terminates November 1 and HAS USED forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from the last week's wages. If an officer works a full watch on a holiday, four (4) hours of additional holiday credit will be given during the pay period in which the holiday occurs. If an officer works more or less than a full watch on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section 4. For the purpose of this Article, the holiday begins at 11:00 p.m. on the day preceding the holiday date and continues for a period of twenty-four (24) hours thereafter. The watch starting time controls holiday designation. For continuous watch officers, a holiday shall be observed on the day it occurs. For non-continuous watch officers, a holiday which occurs on Sunday will be observed on the following Monday. One which falls on Saturday will be observed the preceding Friday. 8 ARTICLE Xl VA CA TIONS Section 1. Vacations shall be earned and accumulated by pay period according to the following schedule: Length of Service Days Earned Per Month 0-5 years 1 5 years and one day~10 years 1.25 10 years and one day-15 years 1.5 15 years and one day-20 years 1.75 20 years plus 2 The maximum annual carryover from one year to another shall be two hundred twenty-four (224) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety-two (192) hours. Section 2. The process for granting vacation time shall be as follows: Vacation leave may be requested beginning in December for the following calendar year. Vacation leave will be approved by the officer's supervisor on or before February 1 of each year. Officers will be granted vacation leave, in increments of one day or more, in order of seniority. After February 1, vacation leave requests will be approved in the order they are received. In the event that two requests are received at the same time, seniority shall prevail. ARTICLE XII SICK LEA VE Section 1. Accumulation. Officers shall be granted one (1) day of sick leave for each month, and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be granted for an officer having a leave without pay. Any officer granted a paid leave shall continue to earn sick leave. Upon termination of employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one-half (%) of the officer's then current hourly base salary, provided, however the dollar amount of the payment may be up to but shall not exceed the amount that an officer would have been due if he/she had terminated on June 28, 1985. Officers hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. Section 2. Use of Sick Leave. a. After completion of the initial probationary period, a day of accumulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour-to-hour basis. A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable notification by the supervisor of the need for a doctor's statement will be given in order to allow.time to comply. b. In addition to sickness of an officer, sick leave may be used for: (1) Duty connected disability. 9 (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the officer's mother, father, mother-in-law, father-in-law, including mother or father of a domestic partner, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. (3) Health maintenance needs, e.g., doctor or dentist appointments. The officer will make every attempt to schedule such appointments in off-duty hours. Section 3. Notification. An officer shall notify his/her supervisor or a supervisor on duty on the watch immediately preceding his/hers, as soon as reasonably possible, of any sickness or illness which will cause him/her to miss work and unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but may be charged to other accumulated leaves or to leave without pay. Employees who become sick on duty shall notify the watch supervisor before leaving duty. Section 4. In the event an officer is injured or disabled on the job requiring time from work, no deductions shall be made from the officer's accumulated sick leave unless such officer requires more than two (2) working days in which to recuperate and return to work. ARTICLE XIII SPECIAL LEA VES Section 1. On-the-Job Injury. Upon application the City may, in addition to any other leave, grant a leave of absence with pay in the event of an injury or illness of an officer while on duty provided the following conditions exist: a. That the injury or illness is determined compensable by the Iowa City Temporary Disability Review Board (the Board) and b. The medical advisor of the Board determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the watch when the injury occurs and for a period of two (2) days thereafter if authorized by the Board. If the injured or disabled officer requires more than two (2) days in which to recuperate and return to work, any additional absence will be charged to sick leave or if sick leave is exhausted, to leave of absence with pay until a temporary disability pension is granted by the Board after which determination the sick leave and any other leaves used for such purpose shall be restored. In the case of apparent on-the-job injury, the Police Chief, with approval from the City Manager, may waive conditions a. and b. above and approve a leave of absence with pay prior to a determination of compensability by the Board. However, in the event that the injury or illness in question is subsequently determined to be non-compensable by the Board, the officer shall reimburse the City for the leave advanced, using current accrued leave, then future accrued leave, then final pay. Section 2. Funerals. An officer will be granted up to three (3) days per occurrence with no loss of compensation nor loss of accrual from sick, annual, nor compensatory time to attend the funeral of his/her spouse, domestic partner as recognized by City policy, children, mother, father, grandparents, stepparents, sister, or brother. 10 An officer will be granted one (1) day per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother-in-law, father-in-law, grandparents-in-law, aunt or uncle, brother-in-law, sister-in-law, permanent member of the immediate household, or for a military funeral in which such officer padicipates in the ceremony. In such cases, he/she may be granted up to two (2) additional days for travel, if necessary, as determined by his/he supervisor. In-law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an officer shall be permitted to use up to three (3) days per occurrence of his/her accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off from work, which has been recommended by the Chief of Police and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the officer shall return to work in the same step or capacity as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during such period, no officer shall earn sick, vacation, or other leave. In the event an officer fails to return to work at the end of any such leave; he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the officer: a. Cannot pay retirement contributions if the leave exceeds one (1) month in duration. b. Shall not receive any other job benefits during the period of absence. c. Must use all accumulated vacation and compensatory leaves to which he/she is entitled prior to the time that the leave without pay commences. d. Shall not accrue seniority during leaves exceeding thirty (30) days. e. Must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. 11 The Chief of Police may make exceptions to the above conditions (a. through d.) for leaves not exceeding ten (10) working days. Section 4. Jury Duty. Any officer summoned for jury duty shall receive regular standard time pay during any period of jury service and shall earn and be entitled to all benefits as if on duty without charge against sick or vacation leave. The City shall receive the pay earned from such jury service but the officer shall receive allowance for mileage and expenses unless furnished by the City. An officer who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining on his/her watch shall return to work. Time spent on jury service by officers whose daily duty hours are other than when court is in session may be credited against the officer's daily duty hours to the extent determined by the Police Chief. Section 5. Witness Fees. An officer shall be granted leave with pay when required to be absent from work for the purpose of testifying in court or appearing in response to any legal summons which falls under the provisions of Article IX, Section 8, of this agreement, and the City shall receive the witness fees except the witness fees paid to an officer for off duty (unpaid) periods which belong to said officer. Section 6. Military Leave. Officers belonging to or called by any branch of the Armed Fomes of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Officers subject to the foregoing shall, upon re-instatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States had been spent in regular employment with the City. Section 7. Votinq Time. An officer shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible to vote during off hoursl and no charge shall be made for time spent for such purpose. Section 8. Preqnancy Leave. A pregnant officer shall be entitled to a leave of absence without pay if she is physically incapacitated as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All officers requiring such leave shall notify the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of extension granted by the City, the officer will be considered to have voluntarily resigned or retired. ARTICLE XIV LA Y-OFFS Section 1. Lay-offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the current Code of Iowa. Section 2. Officers separated because of lay-off will be given formal written notice at least two (2) weeks in advance of the separation date or two (2) weeks of regular base pay in lieu of such notice. 12 ARTICLE XV TRAINING Section 1. To the greatest extent possible, an officer shall receive or have the opportunity to attend training programs, and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be required to participate in any such program on a day off unless the City pays said officer one hundred fifty percent (150%) of his/her hourly base pay. However, the police chief may assign an alternate day off in lieu of overtime pay for training with the consent of the affected officer. This section shall not be applicable to oMcers in probationary status. Section 4. In the event an officer is not performing his/her duties satisfactorily, the City may require such officer to complete a special training course as recommended by the City in an effort to assist said officer to achieve satisfactory performance of his/her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police. Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non-required training program. Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as determined by the Chief of Police. Section 6. This Article shall not be applicable to training programs attended by an officer on a voluntary basis when not on duty. Section 7. The City shall post and maintain on the bulletin board referred to in Article VI a schedule of City approved training programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his/her own expense with the approval of the Chief of Police which shall not be unreasonably withheld. ARTICLE XVI PERSONNEL TRANSACTIONS - RULES Section 1. An officer will be given copies of all documents placed in his/her personnel file within ten (10) days of the time any such document is placed therein. No document will be considered for the purpose of evaluation, promotion or discipline of an officer unless such document has been placed in the personnel file. Section 2. The City will promulgate departmental rules and regulations and provide each officer with a copy thereof. Upon promulgation of said rules and regulations, all prior rules, regulations, directives, and general orders, except as specifically noted in writing, will be cancelled. Section 3. Minor infractions shall be removed from an officer's file within a period of one (1) year after the filing of the documentation and action taken, and thereafter shall not be considered for any purpose whatever. 13 ARTICLE XVII WATCH TRANSFERS Section 1. In the event that an officer having seniority desires to transfer to a different watch, he/she shall make application to the Chief of Police. The Chief of Police will not unreasonably withhold permission to transfer after considering the ability and experience of the officer, the nature and type of work to be performed on the watch, and the need for personnel having certain qualifications on said watch. No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police will give special consideration to the facts and circumstances related thereto. Subject to the foregoing, officers may trade watches provided that the Chief of Police approves any such transfer. Section 2. No officer who is transferred shall lose any days off, sick or vacation leave by virtue of such transfer unless mutually agreed by the officer and the City. Section 3. The employer agrees to provide to each affected officer written reasons for and reasonable notice of involuntary watch transfers with due regard for seniority. To the greatest extent possible, such notice shall precede the effective date of transfer by fourteen (14) days. ARTICLE XVIII INSURANCE Section 1. The City shall, at no cost to the officer, maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. Employees who elect to obtain family coverage will pay five percent (5%) per month of the monthly premium (prorated for part-time employees) toward the cost of such coverage, subject to a cap of $35.00 per month for the first six months of FY04, and subject to a cap of $40.00 per month for the second six months of FY04. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. Section 2. The City shall provide, at no cost to the officer, single coverage dental insurance for each officer. Section 3. The City shall provide, at no cost to the officer, a policy insuring the life of said officer in an amount equal to his/her annual salary. Any fraction of $1,000 in annual salary shall be rounded off to the next higher thousand. ARTICLE XIX EQUIPMENT Section 1. Officers shall not be required to operate motor vehicles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. Any officer operating a motor vehicle shall, at some period during or immediately following the work day, report any defect noticed by him/her in said vehicle to the watch commander. 14 Section 3. All other equipment furnished by the City shall be maintained by the City in good working condition and in accordance with all applicable safety standards. Section 4. The City will furnish required motor vehicles and other required equipment. Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided with adequate protective clothing as reasonably determined by the Chief. Section 6. To the greatest extent possible, officers shall properly use the equipment furnished by the City. Section 7. Equipment issued by the City shall be returned to the City at such time as the employment of an officer is terminated. Nonexpendable items not returned will be paid for by the officer. Section 8. The City shall provide appropriate regulation equipment in accordance with applicable safety regulations. Section 9. Eech officer on duty, regardless of assignment or proximity to other officers, shall be provided with a proper functioning portable two-way radio capable of transmitting and receiving on radio frequencies assigned to the Iowa City Police Department. In addition, officers assigned to walking, traffic control, or any other assignment which creates difficulty in hearing radio transmissions shall be provided with a remote speaker/microphone attachment to the portable radio unit enabling the officer to hear radio transmissions without removing the portable radio from its belt carrier. ARTICLE XX WEAPONS AND SPECIAL EQUIPMENT Section 1. Service ammunition for regulation weapons shall be provided by the City. Section 2. The City shall provide at least fifty (50) rounds of target ammunition monthly for each officer required to carry a weapon to enable the officer to maintain efficiency with the weapon. The Chief of Police shall prescribe the use to be made of such ammunition. Section 3. The City will furnish a bullet-proof vest for each officer and will replace them as necessary. ARTICLE XXI ADEQUATE FACILITIES Section 1. The City shall provide adequate locker and other facilities separately for male and female officers. 15 ARTICLE XXll UN/FORMS Section 1. The City shall provide each off~cer with uniforms used in the performance of the duties of police officers (original issue - new equipment). a. One (1) winter and one (1) summer regulation hat. b. Throe (3) regulation ties. c. Six (6) winter and six (6) summer permanent press regulation shids. d. Four (4) pairs of regulation trousers. e. One (1) winter and one (1) summer regulation jacket. f. One (1) raincoat, reversible, consisting of a black side and a reverse side of a reflective International Orange. g. Two (2) regulation hat covers. h. Two (2) pairs of regulation winter gloves. i. One (1) regulation pants belt. Section 2. Upon submission of receipts by a plain clothes officer, the City will reimburse the officer for the actual cost of clothing up to six hundred ($600.00) per year of assignment and the City shall pay for cleaning of uniforms or plain clothes officer's clothing and/or shoes and/or boots related to employment up to a total annual allowance of one hundred and fifty dollars ($150.00) per officer. Receipts shall be submitted to the Chief of Police or his/her designee by the first day of the month and shall be paid by the City within 30 days. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. Section 4. Replacement: a. Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage. b. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be orderod within seven (7) days of receipt by the designated supervisor. ARTICLE XXIII DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of iowa City, such officer shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, dghts, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. ARTICLE XXIV SUPPLEMENTAL EMPLOYMENT Section 1. Officers shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. 16 Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employer, and if the supplemental employment is related to or along the lines of police work, to notify the City of the work schedule, compensation, and specific duties in addition to the above information. ARTICLE XXV POSITION CLASSIFICATION Section 1. For salary purposes, there shall be no distinction between patrol officers, detectives, juvenile officers, or other positions not having civil service certification. Section 2. In the event that any officer is designated in a higher job classification on a temporary basis for more than one complete duty day, said officer shall receive his/her own pay plus an additional sixty cents ($.60) per hour during such temporary assignment. ARTICLE X~VI GRIEVANCE PROCEDURE Section 1. Definition - General Rules a. The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this Agreement. b. An officer will not be required to be represented by a Union steward at any grievance headng. A steward shall have the right to be present for the purpose of ascertaining whether or not the issue involved has any application to the Union generally or to other officers who have not filed a grievance. The Union shall have the right to designate four (4) stewards and four (4) alternate stewards for the purpose of representing officers in the investigation and presentation of grievances. The Union shall give written notice to the City Manager and Chief of Police the names and address of stewards and alternate stewards for the purpose of representing officers. Not more than a total of ten (10) hours per month paid time may be used by the stewards in the resolution of employee grievances. No more than one steward shall represent a grievant at any one grievance hearing. Grievance procedures occurring on duty time will be scheduled so as not to interfere with assigned police work. Permission to process grievances will not be unreasonably denied. c. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determination of disputes which arise under the terms and conditions of this Agreement. If an officer proceeds beyond Step 3 of Section 2 of this Article XXVI in connection with any grievance, such action shall constitute an election by said officer to proceed under the terms of this Agreement and shall be a waiver of any other remedy available except as specifically provided by law. d. The grievance procedure shall be available to any officer who is not awarded an increase in salary advancement to which the officer would be entitled by virtue of time in grade. e. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. If a response to a grievance is not received within the time 17 limitation hereinafter provided the grievant may proceed to the next step in the grievance procedure except the time limitation referred to in this Article may be extended by agreement of the parties. f. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. g. Steps of the grievance procedure may be waived by mutual consent of the parties. h. The word "day" as used in this Article shall mean working day and shall exclude Saturdays, Sundays, and holidays. Section 2. Procedure. A grievance that may adse shall be processed and settled in the following manner: a. Step 1. The grievance shall be presented orally for discussion between the officer involved, the steward, and the appropriate City supervisor within five (5) working days after knowledge of the event giving dse to the grievance. The supervisor shall either adjust the grievance or deliver his/her answer to the aggrieved officer and steward within five (5) working days after such Step 1 conference. In the event no response is received from the supervisor within said five (5) day period, the grievance shall be processed pursuant to Step 2. b. Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his/her steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his/her designated representative who shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon. The grievance shall contain a statement from the officer specifying what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he/she is entitled. The Union shall be furnished with a copy of such decision at the time it is issued. c. Step 3. A grievance not adjusted by the Chief at Step 2 may be submitted by the grievant or Union to an advisory grievance committee for resolution. The Committee shall consist of not more than five (5) nor less than two (2) representatives of the City and the Union. The Union will convene the Grievance Committee within five (5) days of receiving the Chief's Step 2 response. The City Manager will accept or reject the committee's written recommendation within five (5) days after it is received. d. Step 4. A grievance not adjusted at Step 3 may be submitted by the grievant or the Union to the City Manager or his/her designee within five (5) working days of the completion of Step 3 or within fifteen (15) days of receipt of the Chief's Step 2 response if no meeting is scheduled. The City Manager will investigate and respond to the grievant within ten (10) working days and meet personally with the grievant and steward if such a meeting is requested in writing. e. Arbitration. A grievance not adjusted at Step 4 may be submitted to a neutral third party for binding arbitration. A request for arbitration must be submitted in writing and signed by the grievant within fifteen (15) working days following receipt of the City Manager's Step 4 response. Copies of any such request will be furnished to the City and to the Union. 18 Except as otherwise provided, the cost of arbitration shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case and either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The cost of a certified court reporter, if requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the grievant within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbitrator, a request shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the grievant shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with a~l state and federal legislation, rules and regulations applicable. Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. Section 3. Administrative Conferences. a. The conference group shall consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Union. At least two (2) representatives from each party will attend any meeting. b. The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommendation will be contrary to the terms of this agreement. The City will release from duty not more than two (2) officers for not more than two (2) hours for time spent in conference. c. A conference shall be held no more than once every sixty (60) days unless the parties mutually agree otherwise. These meetings shall be held in City facilities, if available. d. All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A representative of the Union and the City shall exchange agendas for items for consideration at least three (3) days in advance. 19 ARTICLE XXVII EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 2004, and shall continue through June 30, 2005. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. ARTICLE X'XVIII COMPENSATION Section 1. The effective date of compensation and benefits adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive, Section 2. Commencing the effective date of the compensation period as defined in Section 1 of this Article, the City shall increase the pay of all officers by two and one-half percent (2.5%) at the beginning of fiscal year 2004-2005. (A copy of the Police Pay Plan is attached as "Attachment A" to this agreement.) Officers will receive step increases in pay according to the following schedule: Step 1. Upon appointment. Step 2. Twelve months from date of appointment. Step 3. Eighteen months from date of appointment. Step 4. Thidy-six months from date of appointment. Step 5. Fifty-four months from date of appointment. Section 3. Lonqevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last paycheck in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $425.00 10 years $750.00 15 years $900.00 20 years $1050.00 25 years $1300.00 This payment will be pro-rated on the basis of monthly segments for members who terminate before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same pro-ration. Section 4. Watch Differential. Officers working the 3 to 11 watch on a regular basis will receive thirty (30) cents per hour on top of their normal wage for all hours worked from 3 p.m. to 11 p.m. Officers working the 11 to 7 watch on a regular basis will receive forty-five (45) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. 20 Officers working overtime will continue to receive watch differential at the same rate as their normal duty hours. Section 5. Special Duty Pay. Officers who are assigned to and performing K-9 duty on a regular basis shall be paid for one-half hour per day as kennel time at the applicable overtime rate. Officers designated as Field Training Officers (FTO) when assigned to actively performing the duties of FTO, shall receive, in addition to any other compensation to which they are entitled, supplemental pay in the amount of five dollars ($5.00) per watch. ARTICLE XXlX PUBLIC EMERGENCY Section 1. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. ARTICLE X)O~ GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any party includes its agents, officials, and employees. Section 3. Non-discrimination. Both parties affirm that the provisions of this Agreement shall be applicable to all officers regardless of race, color, creed, disability, gender identity, marital status, national odgin, religion, sex, age or sexual orientation. Section 4. Waiver. This Agreement supersedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. Section 5. Anticipated Chanqes. The City shall give the Union as much advance notice as possible of any major change of working conditions. Section 6. Pre-Tax. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre-Tax Advantage Program as established by the City. At a minimum, said program will allow for pre-tax payment of health insurance co-payments to the extent allowed by Federal and State law. Section 7. Parkinq. No fewer than ten (10) parking places in the Chauncey Swan Parking Garage will be held in the names of police bargaining unit members, provided that fees are paid according to City procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the amount equal to that charged to other City employees who park in the Chauncey Swan Parking Garage. The City will assume no increase in responsibility in administering the use of parking permits as a result of this Contract and any dispute over the use of the ten permits must be handled by the Union representative. Police department members may individually hold parking permits in accordance with City procedures. 21 CITY OF IOWA CITY POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY BY: ~ BY: PRESIDENT CiTY'~ERK Date: May 4. 2004 Date: SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY PLRO-IC MARCH 27, 1984 The parties agree that it is their intent that the following additions to the health insurance coverage, provisions take effect from April 1, 1984, until modified by mutual agreement of the parties: a. Mandatory Outpatient Surgery Procedures designated by the Iowa Foundation and suitable to be performed on an outpatient basis must be performed on an outpatient basis to be fully covered by the health insurance. Extenuating circumstances which would make in-patient surgery medically necessary will be reviewed by Blue Cross/Blue Shield if requested by the physician. Designated surgeries which are not performed on an outpatient basis, and without prior approval by Blue Cross/Blue Shield, will be paid only at a rate of 50% of charges. b. Maternity Length of Stay Incentive Following admission into the hospital for childbirth, if length of stay for the mother for childbirth is two days or less, as certified by the hospital bill, presented to the Human Relations Department, the employee will receive a check for $100 (minus necessary withholding). c. Overcharge Incentive Employees will receive 25% of the correction of an overcharge or overpayment when the overcharge/overpayment is initiated and successfully resolved by the employee. (Withholding must be made on all payments to employees.) Maximum payment to employees is $500 .(pre-withholding). Documentation of the em- ployee-initiated corrections should be submitted to the Human Relations Department when the correction is accomplished. Gross overcharges resulting from computer error or similar problems will not be eligible for payment (e.g. received $100 worth of services, billed for $100,000). d. Outpatient Treatment of Substance Abuse This option would make available, but not mandatory, payment for outpatient treatment of substance abuse. Employees wishing to utilize insurance coverage for purposes of substance abuse treatment must submit to evaluation by a substance abuse treatment agency selected by the City prior to treat- ment. POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY By/~j~a~'~ ~"~/~"//'--"~' By ~j~y __ ITY OF OWA CII-Y CIVIC CENTER 410 E. WASHINGTON ST. IOWA CI1¥, IOWA 52240 (319) 356-5OOD April 18, 1985 Mr. Michael Goldberg, President Police Labor Relations Organization of Iowa City Iowa City Police Department 410 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Goldberg: At;tached please find copies of brochures describing coverage under the "Iowa 500" Two Day Deductible health insurance plan and coverage under the Delta Dental Plan II dental insurance plan. These are the insurance plans which were agreed to by the City and PLRO-IC for our FY86-87 Collective Bargaining Agreement, and referred to in Article XVIII, Section 1 and Section 2 of that agreement. It is understood and agreed that benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of the Collective Bargaining Agreement. bi3/9 IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA SO0 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shams in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's sham never exceeds $500 per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self-maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: * One routine annual physical examination in a doctor's office or clinic * Home and office calls needed to diagnose or treat a medical condition * Immunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical self-maintenance and help reduce the length and number of unnecessary hospital stays· These efforts, of course, can help keep health care costs--and rates--in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 PHYSICIAN SERVICES 90/10 Inpatient H.ome and office vists · Semi-private room and board One routine annual physical · Necessary services and supplies exam · Operating moms, intensive care, Pm-natal and post-natal care coronary and burn cam units in physician's office · Delivery room for normal delivery, Immunizations Caesarean section, miscarriage or Hospital visits and nursing admission for false labor facility visits · Necessary laboratory and x-ray services Outpatient NERVOUS AND MENTAL go/10 · Surgery Outpatient - 90/10 to $10,000 · Diagnositc x-ray and laboratory Lifetime Maximum· services · Accident cam SKILLED NURSING FACILITY 90/10 Unlimited Room and Board HOME HEALTH CARE 90/10 Services and supplies · Services provided by a Registered Nurse · Services prescribed by a physician THE ZOt~A SO0 PLAN COVERS THESE OTHER SERVICES: These"othew servtces are subject tQ a $100 contract dedbctible per calendar year · Prescriptions . Nuretng Servtces · Anesthetics Private-duty nursJng servtces · Blood plasma · Casts Ambulance · Crutches Att · Durable medtcal equipment Ground · .Other suppltes when ordered by a physician DEDUCTIBLES AND COPAYMENT · Hospital - The Subscriber ts responsible for the ftrst two days of semt- prtvate room and board. ~-.~- ::~:~ ~ ~ ~-::.~- ~-~.~ Per Hospttal Admission. Physician - The subscriber pays 10~ of the physician's Usual, CustomarT and Reasonable charges Including offtce calls. IOtiA 5O0 coverage pays the remaining · Other Supplies/Services - The subscriber pays the ftrst $100 per contract per calendar year for medtcal supplles and services. These may tnclude prescription drugs, servtces of a Registered Nurse, ambulance services, home health care and braces· t~en the subscriber's expenditures for hospital, physician, and/or other servtces reach $500 per year, IOgA $00 pays 100:: of all remaining charges. If the subscriber's expenditures for hospital, physician, and/or other servtces do not reach $5O0, the subscriber pays 10~ of all remaining charges up to a total maxtm~ expenditure of $5O0. (Outpatient treatment for nervous and mental conditions ts patd 90/10 co-paint unttl the $10,O00 Ltfettme ~xtmum ts met. Co-payment for outpatient Nervous and ~lental does not apply to the out-of-pocket maximum. CARRYOVER OF OEOUCT~BLE Expenses for covered servtces tncurred durtng the months of October, November and Oecember and whtch are used to sattsfy that year's deductible can be used toward satisfying the next calendar year's deductible. I o~ 2 day g(P/,,qO'~ $100 . .._ .~ .......... ~'~'~':~.~ Summ~ry of B~n~ DELTA DENTAL COVERAGE Delta Dentil Plan of lows coverage hot only provides · veriely of benafi~ but Ilao encourl~es timely ind effective den~l melnter~nce. Mom than ~)% of the dentes in lows participate in the Delta Dental progrsm. Delta Dental payment is baled on Usual, Customary and Reasonable sllowances, lubjact to deductible and copayment provi- aion$ of the program. Your Delta Dental program includes s "medical necessity' provision which en~ums coverage for dental ssrvices provided within generally · ccepted dental practices. Uke Blue Cross end Blue Shield of Iowa, the Delta Dental Plan receives claims directly from participating dentists. And we pay them directly for you. That eliminates claims-handling chores for you and your employees -- end ssves valuable time end mone~ To provide · program to meet your company's needs, Delta Dental Plan benefits ere available with deductibles, copayments end maxi- mum payment allowances for covered services. These benefits are combined to meet your needs: Pmv~tlv~ M~intmmnee benefit includes: · Routine checkups et six-month intervals including bitewing x-rays st 12-month intervals. · Teeth cleaning once every six months. · Topical fluoride applications as prescribed but no more than once avery six months. · Full-mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: · Regular cavity fillings. · Oral surgery (including pre- and post-operative care). · Emergency treatment for relief of pain. Major Restorative benefit covers: · High-cost fillings. · Cast restorations. · Root canal fillings. · Non-surgical treatment for gum diseases. Dentil Plan of IOW~ Delta Dental Plan of Iowa RATE QUOTATION PLAN ! ! Program Benefits Deductible Cop,,yment $1ngle/Fimlly (Annual) I01 Preventive Maintenance $ - - % [] Routine Restorative $ _ 25/75 _50 % [] Major Restorative $., " _50 r-I Dental Prosthetics $ -- [] Periodontics $ __ % [] Orthodontics $ .. __ % [::] Dependents to age [] Full-time students [] Adults Program Maximums Single $ 500 per year Family $ 500 per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $. per month Family $ per month These rates guaranteed for 12 months beginning on 7-1-85 if purchased by. 7-1-85, (,~.t.) 'l~tes quoted here are based upOn census inforrnat on provided and a~uiring and mamtmnm · ' ge eral desc~'iption of coverage. It is not a statement of contract. Actual coverage is subjec~ to the terms and conditions sl~ecif:,ed in the contract itself end enrollment regulatmns m force when the contract becomes effective. Delta Dental Plan of Iowa MEMORANDUM OF AGREEMENT October 2, 1990 WHEREAS, the City of Iow~ City and the Police Labor Relations Organization of Iowa City have had · dispute concerning the proper Inteq~etaflon of certain provisions of their collective bargaining agreement, specifically Nticle XVII, Section 3; and WHEREAS, the parties desire to resolve their dispute by mutual agreement and without the necessity of arbitration; IT IS THEREFORE AGREED as follows: The phrase 'due regard for seniority' in Nllcie XVlI, Section 3, shall be interpreted to have the same meaning as in Articie XVlI, Section *1, that Is, the decislo~ to rnake Involuntmy tYansfars shall be based on seniority provided, however, the Chief may make a transfer decision based on one or more of the following criteria: a. The ability and experience of the officer(s), b. 'The nature and type of work to be pedormed on the watch, c. The need for personnel having cetlaln qualifications on said watch. when nacees~efed by depettmantal needs as determined by the Chief. President, Police Labor Relations Organization of Iowa City AUG e 3 1991 AUG 3 1991 Date C~lte SETTLEMENT AGREEMENT WHEREAS, a dispute has arisen concerning the proper interpretation of certain provisions of the Collective Bargaining Agreement between the City of Iowa City and the Police Labor Relations Organization, and WHEREAS, the parties wish to resolve the dispute amicably and without the expense of formal arbitration procedures, The parties hereby enter into the following settlement agreement: 1. An officer who is assigned to the day watch and who is required to appear in court on a day scheduled as a whole day of paid leave (vacation, holiday or comp time) shall be compensated according to the provisions of Article IX, Section 8 of the CBA if actual time worked is two hours or less. If actual time worked exceeds two hours, he/she shall be compensated at the straight time rate for actual time worked, and the officer's leave usage · for that day will be reduced by the actual time worked. 2. This agreement shall apply to the grievance filed by Joel Myers and shall be similarly adjusted for Ralph Cox and shall otherwise apply prospectively only to situations arising after the date of this agreement. 3. The pending grievance of Myers is withdrawn. Dated this / / day of /~ f , 1993. City of Iowa City, Iowa Police Labor Relations Organization mgr\asst\court.agt Prepared by: Karen Jennings, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025 RESOLUTION NO. 04-134 RESOLUTION ESTABLISHING CLASSIFICATION/COMPENSATION PLANS FOR CONFIDENTIAL/ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FY05, FY06, and FY07 WHEREAS, the City of Iowa City employs certain employees referred to as Confidential, Administrative, and Executive personnel; WHEREAS, it is necessary to establish position classifications and compensation ranges for said personnel; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT Confidential/Administrative and Executive employees shall receive compensation as established by the FY05, FY06, and FY07 Confidential/Administrative and Executive Classification Compensation Plans as attached. Passed and approved this 4th dayof Nay ,20 04 - CiTY'~,LERK It was moved by 0~Donnel 1 and seconded by Champi on the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn ADMINISTRATIVE/CONFIDENTIAL PAYPLAN - FY05 (JULY 3, 2004) PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX 6mo. 12mo. 18mo. 2.5 yrs. 3.5 yrs. 4.5 yin. 5.5 yrs. 6.5 yrs. 7.5 yrs. 12.00% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50% 23 Adm[n Clerk/Typist $14.08 $15.79 $16.31 $16.89 $17.47 $18.09 $18.72 $19.39 $20.06 $20.17 Document Specialist $1,126.40 $1,263.20 $1,304.80 $1,351.20 $1,397.60 $1,447.20 $1,497.60 $1,551.20 $1,604.80 $1,613.60 License Specialist $29,286.40 $32,843.20 $33,924.80 $35,131.20 $36,337.60 $37,627.20 $38,937.60 $40,331.20 $41,724.80 $41,953.60 Operations Clerk - ITS 24 Admin Secretar,/ $15.23 $17.05 $17.66 $18.27 $18.91 $19.58 $20.25 $20.99 $21.72 $22.07 Code Enforce Assist $1,218.40 $1,364.00 $1,412.80 $1,461.60 $1,512.80 $1,566.40 $1,620.00 $1,679.20 $1,737.60 $1,765.60 Deputy City Clerk $31,678.40 $35,464.00 $36,732.80 $38,001.60 $39,332.80 $40,726.40 $42,120.00 $43,659.20 $45,177.60 $45,905.60 Operations Specialist Management Assistant Records Supervisor Sr Document Specialist 25 Personnel Assistant $16.47 $18.45 $19.10 $19.78 $20.47 $21.19 $21.92 $22.71 $23.52 $24.16 Programmer/Analyst $1,317.60 $1,476.00 $1,528.00 $1,582.40 $1,637.60 $1,695.20 $1,753.60 $1,816.80 $1,881.60 $1,932.80 Office Mnger- Library $34,257.60 $38,376.00 $39,728.00 $41,142.40 $42,577.60 $44,075.20 $45,593.60 $47,236.80 $48,921.60 $50,252.80 Library Building Manager 26 Adm Asst to cry Mngr $17.84 $20.01 $20.69 $21.42 $22.16 $22.93 $23.73 $24.58 $25.42 ~ $26.39 Budgt Mngmnt Anlyst $1,427.20 $1,600.80 $1,655.20 $1,713.60 $1,772.80 $1,834.40 $1,898.40 $1,966.40 $2,033.60 $2,111.20 Emrgncy Comm. Supr $37,107.20 $41,620.80 $43,035.20 $44,553.60 $46,092.80 $47,694.40 $49,358.40 $51,126.40 $52,873.60 $54,891.20 Equipment Shop Super Legal Assistant Occ. Safety & Trng Spec Personnel Generalist Sr Programmer/Analyst Production Coordinator Assistant Controller Architectural Services/Energy Coord. Section 8 Coord Public Hsg. Coord * After Step 10, employees are eligible for a 2% increase per year until they reach maximum pay. FY05admin2.xis Page 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX. 6mo. 12mo. 18mo. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5.5 yrs. 6.5 yrs. 7.5 yrs. 5.50% 5.50% 5.50% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50% 27 Airport Manager $19.31 $20.40 $21.51 $22.68 $23.51 $24.32 $25.16 $26.05 $26.97 $27.90" $28.88 Animal Control Supr $1,544.80 $1,632.00 $1,720.80 $1,814.40 $1,880.80 $1,945.60 $2,012.80 $2,084.00 $2,157.60 $2,232.00 $2,310.40 AssistSupt-Wstwter $40,164.80 $42,432.00 $44,740.80 $47,174.40 $48,900.80 $50,585.60 $52,332.80 $54,184.00 $56,097.60 $58,032.00 $60,070.40 Assist Supt - Streets/Solid Waste Assist Supt - Water Document Serv Supr Library Coord-Develpmnt Parking Operations Supr Transit Operations Supr Web Developer Assist Supt - Landfill Computer Syst Analyst- Police PC Desktop Analyst Cemetery Supr Rec. Maint, Supr 28 Assist City Attorney $20.89 $22.06 $23.24 $24.52 $25.40 $26.29 $27.20 $28.16 $29.14 $30.16" $31.61 Customer Service Mngr $1,671.20 $1,764.80 $1,859.20 $1,961.60 $2,032.00 $2,103.20 $2,17600 $2,252.80 $2,331.20 $2,412.80 $2,528.80 Human Rights Coord $43,451.20 $45,884.80 $48,339.20 $51,001.60 $52,832.00 $54,683.20 $56,576.00 $58,572.80 $60,611.20 $62,732.80 $65,748.80 Central Services Administrator 29 Cable TV Admin $22.63 $23.90 $25.22 $26.62 $27.52 $28.52 $29.48 $30.53 $31.62 $32.71 ~ $34.55 Controller $1,810.40 $1,912.00 $2,017.60 $2,129.60 $2,201.60 $2,281.60 $2,358.40 $2,442.40 $2,529.60 $2,616.80 $2,764.00 Police Sergeant $47,070.40 $49,712.00 $52,457.60 $55,369.60 $57,241.60 $59,321.60 $61,318.40 $63,502.40 $65,769.60 $68,036.80 $71,864.00 Sr Bldng Inspector Sr Engineer Sr Housing Inspector Parking Manager Special Projects Administrator Transit Manager * After Step 10, employees are eligible for a 2% increase per year until they reach maximum pay. FY05admin2.xls Page 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX. 6mo. '12 mo. 18mo. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5.5 yrs. 6.5 yrs. 7.5 yrs. 5.50% 5.50% 5.50% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50% 3O Battalion Chief $24.48 $25.87 $27.26 $28.77 $29.81 $30.85 $31.88 $33.02 $34.18 $35.37 ~ $37.74 Community Dev Coord $1,958.40 $2,069.60 $2,180.80 $2,301.60 $2,384.80 $2,468.00 $2,550.40 $2,641.60 $2,734.40 $2,829.60 $3,019.20 First Asst City Attorney $50,918.40 $53,809.60 $56,700.80 $59,841.60 $62,004.80 $64,168.00 $66,310.40 $68,681.60 $71,094.40 $73,569.60 $78,499.20 Library Coordinator Police Lieutenant Wastewater Suprintndnt Senior Center Coord Senior Planner Supt of Parks & Forestry Supt of Streets Water Superintendent Housing Administrator Equipment Supr Library Systems Manager 31 Assist Finance Director $26.55 $27.99 $29.52 $31.17 $32.26 $33.39 $34.56 $35.74 $37.01 $38.30 ~ $41.27 Assist Library Director $2,124.00 $2,239.20 $2,361.60 $2,493.60 $2,580.80 $2,671.20 $2,764.80 $2,859.20 $2,960.80 $3,064.00 $3,301.60 Assist PCD DidJCCOG $55,224.00 $58,219.20 $61,401.60 $64,833.60 $67,100.80 $69,451.20 $71,884.80 $74,339.20 $76,980.80 $79,664.00 $85,841.60 Personnel Administrator Police Captain Recreation Suprintndnt ITS Coordinator 32 City Engineer $28.70 $30.30 $31,97 $33.72 $34.92 $36.14 $37.40 $38.70 $40.03 $41.46 ~ $45.07 $2,296.00 $2,424.00 $2,557.60 $2,697.60 $2,793.60 $2,891.20 $2,992.00 $3,096.00 $3,202.40 $3,316.80 $3,605.60 $59,696.00 $63,024.00 $66,497.60 $70,137.60 $72,633.60 $75,171.20 $77,792.00 $80,496.00 $83,262.40 $86,236.80 $93,745.60 * After Step 10, employees are eligible for a 2% increase per year until they reach maximum pay. FY05admin2.xls Page 3 EXECUTIVE PAYPLAN - FY05 (JULY 3, 2004) MINIMUM MAXIMUM 33 Fire Chief $31.08 $49.26 HIS Director $2,486.40 $3,940.80 Library Director $64,646.40 $102,460.80 Prkng & Transit Director Parks & Rec Director PCD Director 34 Assist City Manager $33.65 $53.86 Finance Director $2,692.00 $4,308.80 Police Chief $69,992.00 $112,028.80 Public Works Director FYO5admin2.xls Page 4 ADMINISTRATIVE/CONFIDENTIAL PAYPLAN - FY06 (JULY 2, 2005) PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX 6mo. 12mo. 18mo. 2.5 yrs. 3.5 yrs. 4,5 yrs. 5.5 yrs. 6.5 yrs. 7.5 yrs. 12.00% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50% 23 Admin Clerk/Typist $14.47 $16.22 $16.76 $17.35 $17.95 $18.59 $19.23 $19.92 $20.61 $20.72 Document Specialist $1,157.60 $1,297.60 $1,340.80 $1,388.00 $1,436.00 $1,487.20 $1,538.40 $1,593.60 $1,648.80 $1,657.60 License Specialist $30,097.60 $33,737.60 $34,860.80 $36,088.00 $37,336.00 $38,667.20 $39,998.40 $41,433.60 $42,868.80 $43,097.60 Operations Clerk - ITS 24 Admin Secretary $15.65 $17.52 $18.15 $18.77 $19.43 $20.12 $20.81 $21.57 $22.32 $22.68 Code Enfome Assist $1,252.00 $1,401.60 $1,452.00 $1,501.60 $1,554.40 $1,609.60 $1,664.80 $1,725.60 $1,785.60 $1,814.40 Deputy City Clerk $32,552.00 $36,441.60 $37,752.00 $39,041.60 $40,414.40 $41,849.60 $43,284.80 $44,865.60 $46,425.60 $47,174.40 Operations Specialist Management Assistant Records Supervisor Sr Document Specialist 25 Personnel Assistant $16.92 $18.96 $19.63 $20.32 $21.03 $21.77 $22.52 $23.33 $24.17 $24.82 Programmer/Analyst $1,353.60 $1,516.80 $1,570.40 $1,625.60 $1,682.40 $1,741.60 $1,801.60 $1,866.40 $1,933.60 $1,985.60 Office Mnger- Library $35,193.60 $39,436.80 $40,830.40 $42,265.60 $43,742.40 $45,281.60 $46,841.60 $48,526.40 $50,273.60 $51,625.60 Library Building Manager 26 Adm Asst to Cty Mngr $18.33 $20.56 $21.26 $22.01 $22.77 $23.56 $24.38 $25.26 $26.12 * $27.12 Budgt Mngmnt Anlyst $1,466.40 $1,644.80 $1,700.80 $1,760.80 $1,821.60 $1,884.80 $1,950.40 $2,020.80 $2,089.60 $2,169.60 Emrgncy Comm. Supr $38,126.40 $42,764.80 $44,220.80 $45,780.80 $47,361.60 $49,004.80 $50,710.40 $52,540.80 $54,329.60 $56,409.60 Equipment Shop Super Legal Assistant Occ. Safety & Trng Spec Personnel Generalist Sr Programmer/Analyst Production Coordinator Assistant Controller Architectural Services/Energy Coord. Section 8 Coord Public Hsg. Coord * After Step 10, employees are eligible for a 2% increase per year until they reach maximum pay. FY06admin2.xls Page 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX. 6mo. 12mo. 18mo. 2.5 yrs. 3.8 yrs. 4.5 yrs. 5.5 yrs. 6.5 yrs. 7.5 yrs. 5.50% 5. 50% 5. 50% 3. 50% 3. 50% 3. 50% 3. 50% 3. 50% 3. 50% 27 Airport Manager $19.84 $20.96 $22.10 $23.30 $24.16 $24.99 $25.85 $26.77 $27.71 $28.67" $29.67 Animal Control Supr $1,587.20 $1,676.80 $1,768.00 $1,864.00 $1,932.80 $1,999.20 $2,068.00 $2,141.60 $2,216.80 $2,293.60 $2,373.60 Assist Supt-Wstwter $41,267.20 $43,596.80 $45,968.00 $48,464.00 $50,252.80 $51,979.20 $53,768.00 $55,681.60 $57,636.80 $59,633.60 $61,713.60 Assist Supt - Streets/Solid Waste Assist Supt - Water Document Serv Supr Library Coord-Develpmnt Parking Operations Supr Transit Operations Supr Web Developer Assist Supt - Landfill Computer Syst Analyst - Police PC Desktop Analyst Cemetery Supr Rec. Maint. Supr 28 Assist City Attorney $21.46 $22.67 $23.88 $25.19 $26.10 $27.01 $27.95 $28.93 $29.94 $30.99 ~ $32.48 Customer Service Mngr $1,716.80 $1,813.60 $1,910,40 $2,015.20 $2,088.00 $2,160.80 $2,236.00 $2,314.40 $2,395.20 $2,479.20 $2,598.40 Human Rights Coord $44,636.80 $47,153.60 $49,670.40 $52,395.20 $54,288.00 $56,180.80 $58,136.00 $60,174.40 $62,275.20 $64,459.20 $67,558.40 Central Services Administrator 29 Cable TV Admin $23.25 $24.56 $25.91 $27.35 $28.28 $29.30 $30.29 $31.37 $32.49 $33.61" $35.50 Controller $1,860.00 $1,964.80 $2,072.80 $2,188.00 $2,262.40 $2,344.00 $2,423.20 $2,509.60 $2,599.20 $2,688.80 $2,840.00 Police Sergeant $48,360.00 $51,084.80 $53,892.80 $56,888.00 $58,822.40 $60,944.00 $63,003.20 $65,249.60 $67,579.20 $69,908.80 $73,840.00 Sr Bldng Inspector Sr Engineer Sr Housing Inspector Parking Manager Special Projects Administrator Transit Manager * After Step "10, employees are eligible for a 2% increase per year until they reach maximum pay. FY06admin2.xls Page 2 PAYGRADE: STEP I STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX. 6mo. 12mo. 18mo. 2.5 yin. 3.5 yin. 4.5 yrs. 5.5 yrs. 6.5 yrs. 7.5 yrs. 5.50% 5.50% 5.50% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50% 30 Battalion Chief $25.15 $26.58 $28.01 $29.56 $30.63 $31.70 $32.76 $33.93 $35.12 $36.34 ~ $38.78 Community Dev Coord $2,012.00 $2,126.40 $2,240.80 $2,364.80 $2,450.40 $2,536.00 $2,620.80 $2,714.40 $2,809.60 $2,907.20 $3,102.40 FirstAsstCityAttorney $52,312.00 $55,286.40 $58,260.80 $61,484.80 $63,710.40 $65,936.00 $68,140.80 $70,574.40 $73,049.60 $75,587.20 $80,662.40 Library Coordinator Police Lieutenant Wastewater Suprintndnt Senior Center Coord Senior Planner Supt of Parks & Forestry Supt of Streets Water Superintendent Housing Administrator Equipment Supr Library Systems Manager 31 Assist Finance Director $27.28 $28.76 $30.33 $32.03 $33.15 $34.31 $35.51 $36.72 $38.03 $39.35" $42.40 Assist Library Director $2,182.40 $2,300.80 $2,426.40 $2,562.40 $2,652.00 $2,744.80 $2,840.80 $2,937.60 $3,042.40 $3,148.00 $3,392.00 Assist PCD Dir/JCCOG $56,742.40 $59,820.80 $63,086.40 $66,622.40 $68,952.00 $71,364.80 $73,860.80 $76,377.60 $79,102.40 $81,848.00 $88,192.00 Personnel Administrator Police Captain Recreation Suprintndnt iTS Coordinator 32 City Engineer $29.49 $31.13 $32.85 $34.65 $35.88 $37.13 $38.43 $39.76 $41.13 $42.60" $46.31 $2,359.20 $2,490.40 $2,628.00 $2,772.00 $2,870.40 $2,97Q.40 $3,074.40 $3,180.80 $3,290.40 $3,408.00 $3,704.80 $61,339.20 $64,750.40 $68,328.00 $72,072.00 $74,630.40 $77,230.40 $79,934.40 $82,700.80 $85,550.40 $88,608.00 $96,324.80 * After Step 10, employees am eligible for a 2% increase per year until they roach maximum pay. FY06admin2.xls Page 3 EXECUTIVE PAYPLAN - FY06 (JULY 2, 2005) MINIMUM MAXIMUM 33 Fire Chief $31.93 $50.61 HIS Director $2,554.40 $4,048.80 Library Director $66,414.40 $105,268.80 Prkng & Transit Director Parks & Rec Director PCD Director 34 Assist City Manager $34.58 $55.34 Finance Director $2,766.40 $4,427.20 Police Chief $71,926.40 $115,107.20 Public Works Director FY06admin2.xls Page 4 ADMINISTRATiVE/CONFIDENTIAL PAYPLAN - FY07 (JULY 1, 2006) PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX 6 mo. 12 mo. 18 mo. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5.5 yrs. 6.5 yrs. 7.5 yrs. 12.00% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50% 25 Admin Clerk/Typist $14.88 $16.68 $17.24 $17.84 $1&46 $19.12 $19.78 $20.49 $21.20 $21.31 Document Specialist $1,190.40 $1,334.40 $1,379.20 $1,427.20 $1,476.80 $1,529.60 $1,582.40 $1,639.20 $1,696.00 $1,704.80 License Specialist $30,950.40 $34,694.40 $35,859.20 $37,107.20 $38,396.80 $39,769.60 $41,142.40 $42,619.20 $44,096.00 $44,324.80 Operations Clerk - ITS 24 Admin Secretary $16.10 $18.02 $18.67 $19.30 $19.98 $20.69 $21.40 $22.18 $22.96 $23.33 Code Enforce Assist $1,288.00 $1,441.60 $1,493.60 $1,544.00 $1,598.40 $1,655.20 $1,712.00 $1,774.40 $1,836.80 $1,866.40 Deputy City Clerk $33,488.00 $37,481.60 $38,833.60 $40,144.00 $41,558.40 $43,035.20 $44,512.00 $46,134.40 $47,756.80 $48,526.40 Operations Specialist Management Assistant Records Supervisor Sr Document Specialist 25 Personnel Assistant $17.40 $19.50 $20.19 $20.90 $21.63 $22.39 $23.16 $23.99 $24.86 $25.53 Programmer/Analyst $1,392.00 $1,560.00 $1,615.20 $1,672.00 $1,730.40 $1,791.20 $1,852.80 $1,919.20 $1,988.80 $2,042.40 Office Mnger- Library $36,192.00 $40,560.00 $41,995.20 $43,472.00 $44,990.40 $46,571.20 $48,172.80 $49,899.20 $51,708.80 $53,102.40 Library Building Manager 26 Adm Asst to Cty Mngr $18.85 $21.15 $21.87 $22.64 $23.42 $24.23 $25.07 $25.77 $26.86 ~ $27.89 Budgt Mngmnt Anlyst $1,508.00 $1,692.00 $1,749.60 $1,811.20 $1,873.60 $1,938.40 $2,005.60 $2,061.60 $2,148.80 $2,231.20 Emrgncy Comm. Supr $39,208.00 $43,992.00 $45,489.60 $47,091.20 $48,713.60 $50,398.40 $52,145.60 $53,601.60 $55,868.80 $58,011.20 Equipment Shop Super Legal Assistant Ccc. Safety & Trng Spec Personnel Generalist Sr Programmer/Analyst Production Coordinator Assistant Controller Architectural Services/Energy Coord. Section 8 Coord Public Hsg. Coord After Step 10, employees are eligible for a 2% increase per year until they reach maximum pay. FY07admin2.xls Page 1 PAYGRADE: STEP I STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX. 6mo. 12mo. 18mo. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5.5 yrs. 6.5 yrs. 7.5 yrs. 5.50% 5.50% 5.50% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50% 27 Airport Manager $20.41 $21.56 $22.73 $23.96 $24.85 $25.70 $26.59 $27.53 $28.50 $29.49" $30.52 Animal Control Supr $1,632.80 $1,724.80 $1,818.40 $1,916.80 $1,988.00 $2,056.00 $2,127.20 $2,202.40 $2,280.00 $2,359.20 $2,441.60 Assist Supt -Wstwter $42,452.80 $44,844.80 $47,278.40 $49,836.80 $51,688.00 $53,456.00 $55,307.20 $57,262.40 $59,280.00 $61,339.20 $63,481.60 Assist Supt - Streets/Solid Waste Assist Supt - Water Document Serv Supr Library Coord-Develpmnt Parking Operations Supr Transit Operations Supr Web Developer Assist Supt - Landfill Computer Syst Analyst - Police PC Desktop Analyst Cemetery Supr Rec. Maint. Supr 28 Assist City Attorney $22.07 $23.32 $24.56 $25.91 $26.84 $27.78 $28.75 $29.75 $30.79 $31.87" $33.41 Customer Service Mngr $1,765.60 $1,865.60 $1,964.80 $2,072.80 $2,147.20 $2,222.40 $2,300.00 $2,380.00 $2,463.20 $2,549.60 $2,672.80 Human Rights Coord $45,905.60 $48,505.60 $51,084.80 $53,892.80 $55,827.20 $57,782.40 $59,800.00 $61,880.00 $64,043.20 $66,289.60 $69,492.80 Central Services Administrator 29 Cable TV Admin $23.91 $25.26 $26.65 $28.13 $29.06 $30.14 $31.15 $32.26 $33.42 $34.57 ~ $36.51 Controller $1,912.80 $2,020.80 $2,132.00 $2,250.40 $2,324.80 $2,411.20 $2,492.00 $2,580.80 $2,673.60 $2,765.60 $2,920.80 Police Sergeant $49,732.80 $52,540.80 $55,432.00 $58,510.40 $60,444.80 $62,691.20 $64,792.00 $67,100.80 $69,513.60 $71,905.60 $75,940.80 Sr Bldng Inspector Sr Engineer Sr Housing Inspector Parking Manager Special Projects Administrator Transit Manager * After Step 10, employees are eligible for a 2% increase per year until they reach maximum pay. FY07admin2.xls Page 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX. 6mo. 12mo. 18mo. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5.5 yrs. 6.5 yre. 7.5 yrs. 5.50% 5.50% 5.50% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50% 30 Battalion Chief $25.87 $27.34 $28.81 $30.40 $31.51 $32.60 $33.69 $34.90 $36.12 $37.38 ~ $39.89 Community Dev Coord $2,069.60 $2,187.20 $2,304.80 $2,432.00 $2,520.80 $2,608.00 $2,695.20 $2,792.00 $2,889.60 $2,990.40 $3,191.20 First Asst City Attorney $53,809.60 $56,867.20 $59,924.80 $63,232.00 $65,540.80 $67,808.00 $70,075.20 $72,592.00 $75,129.60 $77,750.40 $82,971.20 Library Coordinator Police Lieutenant Wastewater Suprintndnt Senior Center Coord Senior Planner Supt of Parks & Forestry Supt of Streets Water Superintendent Housing Administrator Equipment Supr Library Systems Manager 31 Assist Finance Director $28.06 $29.58 $31.19 $32.94 $34.09 $35.29 $36.52 $37.77 $39.06 $40.47 ' $43.61 Assist Library Director $2,244.80 $2,366.40 $2,495.20 $2,635.20 $2,727.20 $2,823.20 $2,921.60 $3,021.60 $3,124.80 $3,237.60 $3,488.80 Assist PCD Dir/JCCOG $58,364.80 $61,526.40 $64,875.20 $68,515.20 $70,907.20 $73,403.20 $75,961.60 $78,561.60 $81,244.80 $84,177.60 $90,708.80 Personnel Administrator Police Captain Recreation Suprintndnt ITS Coordinator 32 City Engineer $30.33 $32.02 $33.79 $35.64 $36.91 $38.19 $39.53 $40.89 $42.30 $43.81 ~ $47.63 $2,426.40 $2,561.60 $2,703.20 $2,851.20 $2,952.80 $3,055.20 $3,162.40 $3,271.20 $3,384.00 $3,504.80 $3,810.40 $63,086.40 $66,601.60 $70,283.20 $74,131.20 $76,772.80 $79,435.20 $82,222.40 $85,051.20 $87,984.00 $91,124.80 $99,070.40 * After Step 10, employees are eligible for a 2% increase per year until they reach maximum pay. FY07adm[n2.xls Page 3 EXECUTIVE PAYPLAN - FY07 (JULY 1, 2006) MINIMUM MAXIMUM 33 Fire Chief $32.84 $52.05 HIS Director $2,627.20 $4,164.00 Library Director $68,307.20 $108,264.00 Prkng & Transit Director Parks & Rec Director PCD Director 34 Assist City Manager $35.57 $56.92 Finance Director $2,845.60 $4,553.60 Police Chief $73,985.60 $118,393.60 Public Works Director FY07admin2.xls Page 4 Prepared by: Anissa Williams, Planning, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5254 RESOLUTION NO. 04-]_35 RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR URBAN-STATE TRAFFIC ENGINEERING PROGRAM (USTEP) FUNDS. WHEREAS, the Iowa Department of Transportation is authorized to make funds available for transportation projects through the USTEP program; and WHEREAS, current traffic signal loop detectors on Burlington Street are a maintenance concern and some are non-operational; and WHEREAS, video traffic signal detection equipment has been effective at increasing safety and reducing maintenance; and WHEREAS, USTEP funds have been granted for video traffic signal detection equipment on Burlington Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to execute a contract with the Iowa Department of Transportation for USTEP funds for installation of video traffic signal detection equipment on Burlington Street. 2. Staff is authorized to file any additional documentation that is required by the Iowa Department of Transportation. 3. The City of Iowa City agrees to commit the necessary 45% matching funds of $55,930 including in-kind contribution of labor and materials totaling $18,224. 4. The City agrees to maintain and operate the video traffic signal detection equipment during its useful life. Passed and approved this 41;hdayof hla,y ,2004. CITY'C't_ERK ~i~,'A~oJ~'J Office jccogtp\res\ustepfunds.doc Resolution No. 04-135 Page 2 Passed and approved this 4th day of May ,2004. It was moved by Vanderhoef and seconded by E11 iott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn jccogtp\res~ustepfunds.doc ' I 05-04-04 I 18 Prepared by: Shelley McCafferty, Associated Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 04-136 RESOLUTION APPROVING THE DESIGN OF THE SIGN FOR "OLD CAPITOL CAFe" AT 210 S. DUBUQUE STREET WHEREAS, the applicant, Sheraton Inn, has filed an application for the design approval of an exterior sign for "Old Capitol Cafe" located at 210 S. Dubuque Street; and WHEREAS, given that the project consists of new construction on an urban renewal parcel that is subject to Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of the City Code requiring the Design Review Committee to review and make a recommendation to the City Council regarding the design of the project; and WHEREAS, the design review application for the project, a copy of which is on file in the Housing and Inspections Services Department, has been reviewed by the Design Review Committee and after a consensus vote has recommended the design of the project be approved; and WHEREAS, the design of the project with the above stated conditions is found to conform with ali of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The design of the exterior signage for "Old Capitol Cafe" at 210 S. Dubuque Street be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 4th day of Hay ,2004. CITY-CLERK Cit~'~'ttorney's O~ce Resolution No, 04-136 Page 2 It was moved by Champi on and seconded by 0' Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn CITY OF IOWA CITY Design Review Certificate of Approval for Signage (case number) The proposed sign meets all sign ordinance requirements and has been approved by the Design Review Committee. Ja ~m Date SIGN APPLICATION & PERMIT Permit No. City of Iowa City Permit Date , Fee $ Application Date LOCATION OF SIGN ? JO ,~. g~V~F__, ZONING DISTRICT OWNER OF PROPERTY. u name address phone OWNER OF BUS~NESS ~,~'r~ /~,~, Z/C~ ~,,~ name address phone SIGN ERECTOR ~/~-s~ ~r~ ~Z0 .J Sr. n~me address ~PE OE S[GN DESC~ON & P~RME~ FOR O~CE USE O~Y · ~ Off Premises O~ PROPOS~ SIGN TOTAL BUI~ING MG~GE ~ On Premises BUI~ING gGN BUI~ING SIGNS ~ Size ~ Height ~ f~ ~ Awning Wi~h ' f~t D ~istin ~ Canopy Area 3 ~ ~. ff. ~ Facia D To~l Area of Window D Other Sign Wail f~t D To~l Ama of (Awning) D Remaining, ~. NON-BUI[OING SIGNS or ~indow) feet D Dire~ional ~I~NG aGN D Drive Thru Menu D Size CO~: ~ Monument Wi~h ~ Q Other Area ~'fi. D Going Out of Business Pr~ Line f~t ~ Special Event (~ day ~rmit) D H~ght A~ Gr~e Top f~ PROVISIONAL SIGNS ~om f.t ~ Barber Pole D Common (Fr~s~ing) or ~~ IN~ (Monu~nt) ~~' L ~ 2nd (fr~sta~ln8)or ~ Illumin~on (M~u~nO ~lnter~l ~ Time & Temp 'D ~al D Other ~ None D Is An EI~H~I Permit R~uir~ ~ ~ ~ ~ ~ ~. ~. ~ND X Prepared by Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, lA (319)356-5030 RESOLUTION NO. 04-137 RESOLUTION AUTItORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETVfEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT STARBUCKS CORPORATION d/b/a STARBUCKS COFFEE CO., FOR A SIDEWALK CAFI~ WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, landlord Marc Moen, and tenant Starbucks Corporation d/b/a Starbucks Coffee Co., applied for temporary use of the public right-of-way at 228 S. Clinton St., Iowa City, Iowa for a sidewalk caf6 and anchored fencing thereon; and WHEREAS, City staff bas reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CYi'Y, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the City Clerk, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. gay Passed and approved this 4th day of <~k 2004. ATTEST:~ Approved by: City Attorney's Office Starbucks Sidewalk Caf6 Res~l-22-04 Resolution No. 04-137 Page 2 It was moved by Vanderhoef and seconded by Ba i ]ey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion ;( Elliott X Lehman X O'Donnell X Vanderhoef X Wilbum